Renato Cayetano vs Christian Monsod

Legal Ethics Practice of Law

In 1991, Christian Monsod was appointed as the Chairman of the
Commission on Elections. His appointment was affi rmed by the
Commission on Appointments. Monsods appointment was opposed
by Renato Cayetano on the ground that he does not qualify for he
failed to meet the Constitutional requirement which provides that
the chairman of the COMELEC should have been engaged in the
practice law for at least ten years.
Monsods track record as a lawyer:
Passed the bar in 1960 with a rating of 86.55%.
Immediately after passing, worked in his fathers law fi rm for one
year.
Thereafter, until 1970, he went abroad where he had a degree in
economics and held various positions in various foreign
corporations.
In 1970, he returned to the Philippines and held executive jobs for
various local corporations until 1986.
In 1986, he became a member of the Constitutional Commission.
ISSUE: Whether or not Monsod qualifi es as chairman of the
COMELEC. What constitutes practice of law?
HELD: Yes. Atty. Monsods past work experiences as a lawyereconomist, a lawyer-manager, a lawyer-entrepreneur of industry, a
lawyer-negotiator of contracts, and a lawyer-legislator of both the
rich and the poor verily more than satisfy the constitutional
requirement that he has been engaged in the practice of law for
at least ten years.
As noted by various authorities, the practice of law is not limited to
court appearances. The members of the bench and bar and the
informed laymen such as businessmen, know that in most
developed societies today, substantially more legal work is
transacted in law offi ces than in the courtrooms. General

practitioners of law who do both litigation and non-litigation work

also know that in most cases they fi nd themselves spending more
time doing what is loosely described as business counseling than in
trying cases. In the course of a working day the average general
practitioner wig engage in a number of legal tasks, each involving
diff erent legal doctrines, legal skills, legal processes, legal
institutions, clients, and other interested parties. Even the
increasing numbers of lawyers in specialized practice wig usually
perform at least some legal services outside their specialty. By no
means will most of this work involve litigation, unless the lawyer is
one of the relatively rare types a litigator who specializes in this
work to the exclusion of much else. Instead, the work will require the
lawyer to have mastered the full range of traditional lawyer skills of
client counseling, advice-giving, document drafting, and negotiation.
Mauricio Ulep vs The Legal Clinic
July 4, 2012
223 SCRA 378 42 SCAD 287 Legal Ethics Advertisement in
the Legal Profession Practice of Law

In 1984, The Legal Clinic was formed by Atty. Rogelio Nogales. Its
aim, according to Nogales was to move toward specialization and to
cater to clients who cannot aff ord the services of big law fi rms. Now,
Atty. Mauricio Ulep fi led a complaint against The Legal Clinic
because of the latters advertisements which contain the following:
SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE. ANNULMENT. VISA.
THE LEGAL CLINIC, INC.
Please call: 521-0767; 521-7232; 522-2041
8:30am 6:00pm
7 t h Flr. Victoria Bldg., UN Ave., Manila
GUAM DIVORCE

DON PARKINSON
An attorney in Guam is giving FREE BOOKS on Guam Divorce through
The Legal Clinic beginning Monday to Friday during offi ce hours.
Guam divorce. Annulment of Marriage. Immigration Problems, Visa
Ext. Quota/Non-quota Res. & Special Retirees Visa. Declaration of
Absence. Remarriage to Filipina Fiancees. Adoption. Investment in
the Phil. US/Foreign Visa for Filipina Spouse/Children.
Call Marivic.
THE LEGAL CLINIC, INC.
7 t h Flr. Victoria Bldg., UN Ave., Manila nr. US Embassy
Tel. 521-7232, 521-7251, 522-2041, 521-0767
It is also alleged that The Legal Clinic published an article entitled
Rx for Legal Problems in Star Week of Philippine Star wherein
Nogales stated that they The Legal Clinic is composed of specialists
that can take care of a clients problem no matter how complicated
it is even if it is as complicated as the Sharon Cuneta-Gabby
Concepcion situation. He said that he and his staff of lawyers, who,
like doctors, are specialists in various fi elds, can take care of it.
The Legal Clinic, Inc. Has specialists in taxation and criminal law,
medico-legal problems, labor, litigation and family law. These
specialists are backed up by a battery of paralegals, counselors and
attorneys.
As for its advertisement, Nogales said it should be allowed in view of
the jurisprudence in the US which now allows it (John Bates vs The
State Bar of Arizona). And that besides, the advertisement is merely
making known to the public the services that The Legal Clinic off ers.
ISSUE: Whether or not The Legal Clinic is engaged in the practice of
law; whether such is allowed; whether or not its advertisement may
be allowed.
HELD: Yes, The Legal Clinic is engaged in the practice of law
however, such practice is not allowed. The Legal Clinic is composed
mainly of paralegals. The services it off ered include various legal
problems wherein a client may avail of legal services from simple
documentation to complex litigation and corporate undertakings.

Most of these services are undoubtedly beyond the domain of

paralegals, but rather, are exclusive functions of lawyers engaged in
the practice of law. Under Philippine jurisdiction however, the
services being off ered by Legal Clinic which constitute practice of
law cannot be performed by paralegals. Only a person duly admitted
as a member of the bar and who is in good and regular standing, is
entitled to practice law.
Anent the issue on the validity of the questioned advertisements,
the Code of Professional Responsibility provides that a lawyer in
making known his legal services shall use only true, honest, fair,
dignifi ed and objective information or statement of facts. The
standards of the legal profession condemn the lawyers
advertisement of his talents. A lawyer cannot, without violating the
ethics of his profession, advertise his talents or skills as in a manner
similar to a merchant advertising his goods. Further, the
advertisements of Legal Clinic seem to promote divorce, secret
marriage, bigamous marriage, and other circumventions of law which
their experts can facilitate. Such is highly reprehensible.
The Supreme Court also noted which forms of advertisement are
allowed. The best advertising possible for a lawyer is a well-merited
reputation for professional capacity and fi delity to trust, which must
be earned as the outcome of character and conduct. Good and
effi cient service to a client as well as to the community has a way of
publicizing itself and catching public attention. That publicity is a
normal by-product of eff ective service which is right and proper. A
good and reputable lawyer needs no artifi cial stimulus to generate it
and to magnify his success. He easily sees the diff erence between a
normal by-product of able service and the unwholesome result of
propaganda. The Supreme Court also enumerated the following as
allowed forms of advertisement:
Advertisement in a reputable law list
Use of ordinary simple professional card
Listing in a phone directory but without designation as to his
specialization