Practice of Law

Black’s Law
 Rendition of services requiring the knowledge and the application of legal principles and techniques to serve the interest
of another with his consent
 Maintaining an office, using a letterhead describing himself as an attorney, negotiating with opposing counsel about
pending litigation, and fixing and collecting fees for services rendered by his associate
 Pre-supposes attorney-client relationship

Justice Padilla’s criteria for practice of law (Cayetano vs Monsod, 201 SCRA 210)
 Habituality – implies customarily or habituality holding oneself out to the public as a lawyer
 Compensation – implies that one must have presented himself to be in the active practice and that his professional
services are available to the public for compensation, as a source of his livelihood or in consideration of his said services
 Application of law, legal principle, practice, or procedure which calls for legal knowledge, training and experiences
 Attorney-client relationship

Modern concept of practice of Law

 Any activity in or out of the court , which requires the application of law , legal procedure, knowledge, training and
experience
 To engage in the practice of law is to perform those acts which are characteristics of the profession.
 Not limited to appearing in court, or advising and assisting in the conduct of litigation.
 Included in the practice of law: (1) lawyers teaching law subjects, (2) exercise of the powers and functions of a public
officer, (3) suspended lawyers acting as attorney-in-fact pursuant to an SPA, and (4) filing pleadings and appearing
before the courts.

CAYETANO vs. MONSOD (201 SCRA 210)

Facts Issues Doctrine
 Renato Cayetano questioned the WON Monsod was involved in the  YES.
appointment of Christian Monsod’s practice of law  SC cited modern definition of
appointment as Chairman of practice of law.
COMELEC for failure to meet the  Monsod’s practice as lawyer-
requirements of having engaged in manager, lawyer-negotiator,
the practice of law for ten (10) lawyer-legislator, and lawyer-
years. entrepreneur
 Monsod’s experience: Operations  Justice Padilla and Justice Cruz
officer for WB Group, Sec-Gen of expressed dissenting opinions.
Namfrel, member of the Davide  Petition was denied
Commission and Constitutional
Commission

ULEP VS. LEGAL CLINIC, INC. (223 SCRA 378)

Facts Issues Doctrine
 Mauricio Ulep filed for the cease WON Legal clinic is engaged in the  YES.
and desist from issuing practice of law  Engaged in the practice of law,
advertisement WON advertisements should be some of legal services offered were
 Bench solicited opinions from prohibited beyond functions of paralegals
various organizations  Practicing law so Code of
 Legal Clinic said that they are not Professional Responsibility is
engaged in the practice of law, and applicable. Lawyers making their
they are offering legal services as services known shall use honest,
paralegals through computer fair and objective information
technology; CPR not applicable  Atty. Rogelio Nograles reprimanded
since they are not engaged in Restrain from issuing advertisements
practice of law

Tan vs Sabandal BM No. 44

Facts Issues Doctrine
 Eufrocina Tan charged Nicolas WON he can be admitted to the practice NO.
Sabandal of illegal practice of law, of law  The practice of law is not a matter or
dishonesty, falsificationm gross right. It is a privilege bestowed upon
dishonesty in public service, individuals who are not learned in
violations of anti-graft and the law but are also known to
corruption act. possess good moral character.
 Sabandal passed bar and has not yet  Despite of three testimonials
admitted to the Bar and signed in regarding good moral character,
the Roll of Attorneys actions manifested otherwise.
 His actions manifested gross
dishonesty while in the public
service, facilitating the procurement
 of the pree patent title over w
property which he knows is a public
land.
Not Practice of Law
1. Ordinary preparation and drafting of legal instruments
2. Clerical labor of filling in the blanks in legal forms

Repercussions of illegally practicing law:

1. Usurpation of official functions
2. Criminal complaint for estafa
Alawi vs Alauya Issue/s Doctrine/s, Discussion/s
 A case with regard to a complaint against Whether or not Respondent is  NO.
Respondent for having misrepresenting entitled to used the term  The Court held that the person who
himself as an “attorney’ using such term “attorney”? passed the Shari’a Bar are not full-
in his transactions pledged members of the Bar, hence,
 Technically, Respondent is called a may only practice law before Shari’a
“counsellor-at-law” a title to which Courts
Shari’a lawyers have a rightful claim  While one who has been admitted to
 Respondent asserts that he prefers the the Sharia Bar and on to the Philippine
title “attorney” because “counsellor-at- Bar be both called “counsellors”, only
law” is often mistaken as “councillor” of the latter is an “attorney”. The title
the barangay, but avers that he never “attorney” is reserved to those who
consider himself as a lawyer passed the Bar and admitted to the
IBP with good standing

Requirements for the Practice of Law

1. Requirements Before Admission to the Bar
2. Requirements After Admission to the Bar
BEFORE ADMISSION AFTER ADMISSION
Sec 2 in relation with Sec 5, 6, and 14, Rule 138 ROC Must remain in good and regular standing.
1. Citizenship – Filipino 1. must be a member of IBP
2. Age- at least 21 years old 2. must pay regularly the IBP membership dues
3. Residences- resident of the Philippines 3. must observe faithfully the rules and ethics of the
4. Educational Qualification profession
 4 years of HS 4. should not be subject to judicial disciplinary control
 Completed bachelor’s degree (political science, logic,
English, Spanish, History, Economics) Imposed to ensure that those who are admitted are mentally
 Completed Bachelor of Laws in law school approved and and morally fit to discharge their duties.
recognized by the Sec. of Education
5. Moral and other Qualifications- good moral character ,no
charges involving moral turpitude has been filed or are pending
6. Must pass the Bar examinations – 75%
7. Oath- taken an oat before the SC (sec 17, Rule 138, ROC)
8. Attorney’s Roll- must sign the roll of attorneys and receive from
the Clerk of Court of SC a certificate of the license to practice (rule
18 and 19, Rule 138, ROC)

Admission to the Practice of Law

 Power to admit applicants in the practice of law- judicial in nature and involves the exercise of judicial discretion
 Par 5 Sec 5 Art VIII of 1987 constitution- Supreme court has the authority power to admit applicants to the practice of
law- to promulgate rules concerning the protection and enforcement of the constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the Integrated Bar and legal assistance to the
underprivilege
 RA 972 (1952)- an act to fix the passing marks for the Bar exam from 1946 to 1955, was unconstitutional: (1) admits that
candidates for admission who flunked on 1946-1952 have inadequate preparation, (2) the law revoked the judgement of
the court regarding the aforementioned candidates, (3) encroached the prerogative of the Court to determine who will
be admitted to the practice of law.
 1987 constitution—expressly designates the power and authority to decide is granted to SC exclusive and was not
shared with congress

Persons entitled to practice law

 Sec 1, Rule 138 of the ROC ; any person who has been duly licensed as member of the bar and is in good and regular
standing is entitled to practice law.
 Admission to the Bar:
1. Citizen of the Philippines
2. At least 21 years old
3. Of good moral character
4. Resident of the Philippines
 5. Must produce evidence to the Supreme court of his good moral character and no charges were filed or pending in any
court which involves moral turpitude
 Must comply with MCLE (Mandatory Continuing Legal Education)- to be updated with law and jurisprudence, maintain
the ethics of the profession, and enhance the standards of the profession
 Failure to comply with MCLE, considered as delinquent members and cannot be considered as good and regular in
standing

1. Citizenship requirement
 Citizenship although not related to competency reflects the individual’s allegiance, duty of a lawyer in the Philippines to
maintain allegiance to the country. (Lawyer’s Oath)
 Natural born citizenship not required, naturalized citizens can apply for practice of law provided they fulfill other
requirements.
 RA 9225- Citizenship Retention and Re-acquisition Act of 2003, lawyers who have become citizen of another country but
reacquires Filipino citizenship, remains member of the Bar, can practice law but must apply for license and permit to
engage in the practice from the court
 Court requirements: (1) updating IBP fees; (2) payment of professional tax; (3) completion of 36 hours mandatory MCLE;
(4) retaking of Lawyer’s oath
2. Good Moral Character
 Good moral character- must have personal and professional integrity, must have personal characteristics of being good,
 Needed to protect the public, protect the public image of lawyers, protect prospective clients, and protect errant
lawyers from themselves
3. Crimes involving Moral Turpitude
 Black’s Law Dictionary definition of moral turpitude: act of vileness, baseness or depravity in the private duties which a
man owes his fellowman, or to society, contrary to the accepted and customary rule of right and duty between man and
woman or conduct contrary to justice, honesty, modesty, and good morals.
 SC- crimes mala in se involve moral turpitude,
 Zari vs. Flores- moral turpitude refers to being immoral in itself, regardless if they are punishable by law or not. Mala
prohibita are only punishable because the law made the act prohibited.
 Court: there are some mala in se cases which do not involve mala in se, while there are some mala prohibita but can
involve moral turpitude.
 Justice Brion’s explanation of Moral Turpitude:
1. Crimes that involve fraud are regarded as cases with moral turpitude
2. Criticisms on the definition of moral turpitude: definition is too broad
3. Listed crimes with moral turpitude,
4. Does not involve moral turpitude: minor transgression of the law, illegal recruitment, slight physical injuries, and
indirect comtempt
5. Application of depravity- three approaches
 Objective perspective of the act itself, irrespective whether it is a crime (was the act itself immoral)
 Perspective of the crime, as defined through its elements (fraud, following that all cases of fraud involve
moral turpitude)
 Subjective perspectivity takes into account the perpetrator’s depravity (immorality) when the crime was
committed
4. Educational Requirement
 Sec 5 Rule 138, ROC- amended by Bar Matter 1153; applicants for admission, must show that they have successfully
completed the prescribed courses
 Filipino citizen graduated from a foreign school:
1. Completion of all courses
2. Accreditation of the law school from proper authority
3. Completion of 4th law subjects in the academic program recognized by the Philippines

Non-Lawyers may practice Law (limited representation)

1. May conduct litigation or representation, however, in lower courts only.
2. In localities where duly licensed member of the bar is not available. Court may assign
3. Union representative may appear in NLRC or with the labor artbiter
4. A person representing land claimant in cadastral court
5. Law student practice as permitted by the rules
6. Those authorized to represent the Philippines

Cases:
 Pimentel vs. LEB GR No. 230642 and 242954
 Petition to Resume Practice of Law of Benjamin Dacanay, BM 1678
 Petition to Take Lawyer’s Oath, BM 1209
 Petition of Michael Medado, BM 2540