Nature Of Legal Profession 31713c

CRUZ VS SECRETARY OF DENR (SEPARATE OPINION OF PUNO, J) 

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Promulgation of IPRA which introduced concepts into the Philippine Legal System which appear to collide with settled constitutional precepts on state ownership of land and other natural resources IPRA was enacted not only to fulfill the mandate of protecting the indigenous cultural communities right to their ancestral land but to correct a grave historical injustice to the indigenous people

IPRA RA 8371  Grants indigenous people the ownership and possession of their ancestral domains and lands and defines the extent. Indigenous Cultural Communities/Indigenous People  Group of people or homogenous societies who have continuously lived as an organized community on communally bounded and defined territory Regalian Doctrine  All lands which are held without proper and true deeds of grant be restored to the Spanish Crown  It required the registration of all agricultural lands, otherwise the lands shall revert to the state Act no. 926- first Public Land Act Recopilacion de leyes de las Indias  All the occupants of public lands are required to produce before the authorities their title papers.  Those who had good title or showed prescription were to be protected in their holdings. Otherwise, the land would be restored to the Crown Valenton vs Murciano  Plaintiffs had entered into peaceful occupation of the subject land while Defendant purchased the land from the provincial treasurer  ISSUE: Which is the better basis for ownership of land: long time occupation or paper title  RULING: Valenton had no rights other than those which accrued to mere possession. Murciano was deemed to be the owner of the land by virtue of the grant. Valenton upheld the Spanish concept of state ownership of public land Carino vs Insular Government  Carino sought to with the land registration court 146 hectares of land. He claimed that this land had been possessed and occupied by his ancestors since time immemorial  Ruled in favor of Carino Native title-rights to lands and domains held under a claim of private ownership as far back as memory reaches  Carino case: No application of Regalian doctrine o Presumes that the land is private and was never public o Under the Public Land Act, land sought to be ed must be public agricultural land. If the conditions are complied with, the land ceases to be part of the public domain and is converted to private property Aboriginal title- rests on actual, exclusive and continuous use and occupancy for a long time

Ancestral domains- all areas belonging to ICCs/IPs held under a claim of ownership, occupied, possessed by ICCs/IPs Ancestral lands- lands that are not merely occupied and possessed but are also utilized by the ICCs/ IPs

NATURE OF LEGAL PROFESSION Practice of law is a profession Profession- refers to a group of men pursuing a learned art as a common calling in the spirit of public service  The main goal should be the spirit of public service and the istration of justice  Gaining profit is merely incidental it is not a mere moneymaking trade  It differs from a trade or business because the primary purpose of the latter is economic gain or profit NOTE: The fact that it undergoes a licensure exam is a clue that it is a profession. Three Ideas involved in a profession 1. Organization- lawyers organize themselves as a profession thru the bar associations  One of the reasons why they are organizing a bar association is for mutual protection and benefit 2., Learning- professions are learned not only from the nature of the art but historically have a cultural, and ideal side which furthers the exercise of that art  They must be learned men 3. Spirit of public service- every profession aims at the exercise of powers beneficial to mankind Legal profession is a privilege and a right Privilege  Granted only by the Supreme Court to those deserving individuals  It is accorded only to those who measure up to the exacting standards of mental and moral fitness  Continued possession of good moral character Right  

A lawyer cannot be prevented from practicing law except upon valid cause and only after affording him due process He has the right to protest in anything which he thinks is prejudicial to the istration of justice

Good Moral Character  Is a condition which precedes to the Bar and is not dispensed with upon ission  It is a continuing qualification which all lawyers must possess “Lawyers are not hired guns”  They are not hired guns to do their client’s bidding Standards of legal profession (Justice Vicente Mendoza) 1. Independence- lawyers are professionals who must conduct themselves in a professional way  A lawyer must represent his client with zeal within the bounds of the law  Must be immersed with their clients cases but not drown themselves into their client’s causes 2. Accessibility  Legal services must be available to all

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They should be able to aid the public in the selection of a competent lawyer as part of its duty to make its services available Legal services are needed not only by indigent persons but even by those who are able to pay their way but do not know whom to engage as counsel

NOTE: Just as there is a need for preventive medicine, there is also a need for preventive legal counseling so that parties will be saved from the trouble, expense and anxiety of litigation 3. Learning  The bar must be able to communicate to the public its aims and purposes  It must be able to explain to lay people the laws and regulations in clear, simple and understandable language so that public respect for the law will be fostered