Pale Activity 4

I.
According to the Code of Professional Responsibility, a lawyer has the four-fold duty – to the
courts, the clients, the legal profession and the society.
a. Courts
Canons 10 to 13 emphasizes that a lawyer is an officer of the court. He has the duty to
maintain respect due to courts to guarantee the stability of our democratic institutions. He
has the right to criticize the wrong doings of the court, however, he must see to it that he
uses respectful language. Furthermore, a lawyer’s duty is to render service without the
involvement of any disrespect to the judicial office which he is bound to uphold.
b. Clients
Canons 14 to 22 provide that the duty of the lawyer to his client is considered as highly
personal, fiduciary and confidential. A lawyer owes fidelity to the cause of his client and he
shall be mindful of the trust and confidence reposed in him. However, a lawyer must see to
it that although he is expected to defend his client’s cause, it should not be at the expense
of the truth and the defiance of the clear purpose of laws.
c. Legal Profession
Canons 7 to 9 direct a lawyer to observe candor, fairness, courtesy and truthfulness in his
conduct towards other lawyers, avoid encroachment in the business of other lawyers and
uphold the honor of the profession.
d. Society
Canons 1 to 6 provide that a lawyer shall set an example of an upright member of the society.
He shall make his legal services available in an efficient and convenient manner
compatible with the independence, integrity and effectiveness of the profession. He shall
not reject, except for valid reasons, the cause or the defenses of the oppressed
II. There are two proceedings where lawyers are prohibited from appearing, to wit;
a. Proceedings before the Small Claims Court as provided under Section 17 of the Rules of
Procedure for Small Claims Cases
b. Proceedings before the Katarungang Pambarangay as provided under Section 415 of the
Local Government Code of 1991.
III. The power of contempt is the power to punish any person guilty of defying the authority,
justice, or dignity of the court. This power is inherent in all courts.
On the other hand, the power to disbar is vested on the Supreme Court. it is the act of
withdrawing from an attorney the right to practice law. The name of the lawyer is stricken
out from the Roll of Attorneys.
IV. Two-fold aspect of Contempt Power
a. Punishment of the guilty party for his disrespect to the court or disobedience of its order.
b. Compel the performance of some act or duty required by the court which a person refuses
to do.
V. The court shall impose a punishment for indirect contempt against Dela Cruz.
The Supreme Court held in the case of Gamido vs. New Bilibid Prison that a person shall be
declared guilty of indirect contempt if he commits any improper conduct outside the presence
of the court which tends directly or indirectly, to impede, obstruct, or degrade the
administration of justice.
In this case, the willful misrepresentation of Dela Cruz as a lawyer is a clear degradation of
justice and the legal profession hence, making him guilty of indirect contempt.
VI. Yes. C and D are liable for indirect contempt.
Jurisprudence provides that an indirect contempt of court is committed by doing an act

outside the eyes of the court in defiance to its authority or disobedience to its orders.
In this case, C’s continued practice of law with D’s acquiescence constitutes disobedience to
the disbarment order of the Supreme Court against C. Although C only handles counseling, it
still involves rendering advice that requires legal knowledge which constitutes practice of law.
VII. Public officials not allowed to engage in law practice
a. Judges and other officials and employees of the Supreme Court

b. Officials and employees of the OSG
c. Government Prosecutors
d. President, Vice-President, Members of the Cabinet, their deputies and assistants
e. Members of the Constitutional Commission
f. Civil Service Officers or employees whose duties and responsibilities require that their
entire time be at the disposal of the government
g. Ombudsman and his deputies
h. All governors, city and municipal Mayors
i. Those prohibited by Special laws
VIII. No.
As a general rule, Sanggunian Members may practice their professions. However, Section 91
of the Local Government Code prohibits a Sanggunian Member who is a lawyer to appear as
counsel before any court in any civil case wherein a local government unit or any office,
agency, or instrumentality of the government is the adverse party.
In this case, the prohibition applies to Atty. Eliseo as he appears for Allan in a civil case against
a government-owned and controlled corporation.
IX. Yes.
The Court held by jurisprudence that civil service officers and employees are prohibited from
the practice of law without permit from their respective department heads.
In this case, the act of giving legal advice, counseling and correspondence even if free still
constitutes practice of law. Hence, Atty. Dude is prohibited from doing such absent the
permission secured from his heads.
X. Yes.
Rule 1.01 of Canon 1 mandates a government employee not to engage in "unlawful conduct."
Unlawful conduct includes violation of the statutory prohibition on a government employee
to "engage in the private practice of [his] profession unless authorized by the Constitution or
law, provided, that such practice will not conflict or tend to conflict with [his] official
functions."
The Code of Conduct and Ethical Standards for Public Officials and Employees or Republic Act
No. 6713 provides that government prosecutors are prohibited to engage in the private
practice of law. The act of being a legal consultant is a practice of law. To engage in the
practice of law is to do any of those acts that are characteristic of the legal profession. It covers
any activity, in or out of court, which required the application of law, legal principles, practice
or procedures and calls for legal knowledge, training and experience.

Pale Activity 4

Uploaded by

Copyright:

Available Formats

Pale Activity 4

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Pale Activity 4

Uploaded by

Copyright:

Available Formats

I.

VI. Yes. C and D are liable for indirect contempt.

Jurisprudence provides that an indirect contempt of court is committed by doing an act

VII. Public officials not allowed to engage in law practice

a. Judges and other officials and employees of the Supreme Court

You might also like