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In administrative proceedings right to counsel is not

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 In Administrative Proceedings, right to counsel is not indispensable to due process. If a respondent had chosen to represent himself without counsel cannot later claim denial of due process.  Nothing in the Constitution that says that a party in a non-criminal proceeding is entitled to be represented by counsel.  The rule applies only in Civil and Administrative cases. It does not apply in cases involving grave and less grave offenses where the accused must be represented by counsel and such right is not waivable.
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Canons of professional responsibility  A lawyer is answerable not only to his client but also to the court of which he is an officer.  He should do nothing which may tend to lessen the public confidence in the fidelity, honesty, and integrity of the legal profession.  Professional standards serve as the lawyer’s chart and compass to resolve difficult questions of duty and help minimize ethical delinquencies.  In 1917, the Philippine Bar Association, realizing that something more than the Oath and Duties of a Lawyer was needed to attain the full measure of public respect, adopted as its own Canons 1 to 32 of the Canons of Profession Ethics of the American Bar Association.  In 1946, it again adopted as its own, Canons 33 to 47.  Their enforcement by the courts and observance by lawyers is indicative of a due appreciation of their responsibilities to the courts, to the clients, to the bar, and to the public  Supreme Court applied some of the Canons in case of professional
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misconduct.  The Integrated Bar of the Philippines adopted in 1980 a proposed Code of Professional Responsibility submitted to the Supreme Court for approval.  In 1988, the Supreme Court promulgated the Code of Professional Responsibility.  The Code consists of 22 Canons and 77 Rules, divided into 4 Chapters: 1. The Law and Society. 2. The Lawyer and the Legal Profession. 3. The Lawyer and the Courts. 4. The Lawyer and the Clients.  The Code establishes the norms of conduct and ethical standards for all lawyers.  Failure to live up to any of its provisions is ground for disciplinary action.  Faithful observance requires a thorough understanding of the Code. CHAPTER 2 –ADMISSION TO PRACTICE A. JUDICIAL CONTROL Admission to practice is a judicial function  The power to admit applicants to the
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practice of law is judicial in nature and involves the exercise of judicial discretion.  Traditionally exercised by the Supreme Court as an inherent part of its judicial power.  Rationale comes from the nature of a judicial function and the role played by attorneys in the administration of justice.  The admission to the practice of law requires: 1. Previously established Rules and Principles. (By Constitutional mandate, a primary responsibility of the Supreme Court) 2. Concrete Facts, past or present, affecting determinate individuals.
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  • Fall '19
  • Lawyer, attorney,  Obligation

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