Basic Legal

Ethics
Atty. Ronic Treptor
Admission to the Practice of
Law
Module 2
Judicial Control
• Who has the power to control the admission to the legal profession
and the practice of law?
• The power to admit applicants to the practice of law is judicial in nature and
involves the exercise of judicial discretion. The Supreme Court shall decide
if the applicant is qualified or not, and that requires the exercise of its
judicial power.

• Basis: Sec. 5 (5), Art. VIII, 1987 Constitution provides that the Supreme
Court shall have the power to “promulgate rules concerning the protection
and enforcement of constitutional rights, pleading, practice, and procedure
in all courts, the admission to the practice of law, the Integrated Bar, and
legal assistance to the underprivileged.
Judicial Control
• Who has the power to control the admission to the legal profession
and the practice of law?
• Moreover, because of the indispensable role of lawyers in the
administration of justice, it is just logical for the Supreme Court to regulate
the admission to the legal profession and the practice of law.
Judicial Control
• Can the legislative branch regulate the admission to the practice
of law?
• No. In the past they are given some power to regulate the practice of law, but
even during that time, the primary body to exercise regulation is the
Supreme Court.

• Can the executive branch regulate the admission to the practice of

law?
• No. The Executive Department may not encroach upon the constitutional
prerogative of the Supreme Court to promulgate rules for admission to the
practice of law in the Philippines. (In Re: Arturo Garcia, August 15, 1961)
What Constitutes Practice of
• What is practice of law?
• It means any activity, in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience. To engage in
the practice of law is to perform acts which are usually performed by
members of the legal profession. (Cayetano vs. Monsod, 1991)

• It is not limited to the conduct of cases in court. It includes legal advice and
counseling, and the preparation of legal instruments and contract by which
legal rights are secured, which may or may not be pending in court. (Ulep
v. Legal Clinic, Inc, 1993)
What Constitutes Practice of
• According to Justice Padilla, in his dissent in Cayetano v. Monsod,
the following factors are considered in determining whether there is
practice of law:
• 1. Habituality – implies customarily or habitually holding one's self out to
the public as a lawyer.
• 2. Application of law, legal principles, practice or procedure – calls for
legal knowledge, training and experience.
• 3. Compensation – implies that one must have presented himself to be in
the active and continued practice of the legal profession and that his
professional services are available to the public for compensation, as a
service for his livelihood or in consideration of his said services.
• 4. Attorney-client relationship.
What Constitutes Practice of
• Will appearance before the court in representation of others
constitute practice of law?
• Yes. The practice of law, as customarily understood, is the rendering of
services to a person, natural or juridical, in a court of justice on any matter
pending therein through its various stages and in accordance with
established rules of procedure. It includes appearance before the court, the
preparation of a pleading, motion, memorandum, or brief incident to an
action or proceeding in court.
What Constitutes Practice of
• Will appearance before other government agencies
constitute practice of law?
• The appearance before any quasi-judicial, administrative or legislative
agency, which calls for the interpretation and application of laws and
presentation of evidence to establish certain facts, constitutes practice of
law. This means that if such is the case, then practice before such quasi-
judicial offices are regulated by the Supreme Court.

• (Read: Philippine Lawyers Association v. Agrava, G.R. No. L-12426)

Who May Practice
• Who may practice law?
• Any person heretofore duly admitted as a member of the bar, or hereafter
admitted as such in accordance with the provisions of this rule, and who is
in good and regular standing, is entitled to practice law. (Sec. 1, Rule 138,
RoC)

• Two parts:
• Must be admitted as a member of the bar.
• Must be in good and regular standing.
Who May Practice
• Exceptions:
• Who may be admitted to the bar without taking the Philippine Bar
examination?
• “Citizens of the United States of America who, before July 4, 1946, were duly
licensed members of the Philippine Bar, in active practice in the courts of the
Philippines and in good and regular standing as such may, upon satisfactory proof
of those facts before the Supreme Court, be allowed to continue such practice after
taking the following oath of office: …”

• This is practically useless now.

• Note: Sec. 14, Art. XII, 1987 Constitution: The practice of all professions in the
Philippines shall be limited to Filipino citizens, save in cases prescribed by law.
• But the legal profession is regulated by the Supreme Court and not by Congress.
Who May Practice
• Exceptions:
• Who may be admitted to the bar without taking the Philippine Bar
examination?
• Applicants for admission who, being Filipino citizens, are enrolled attorneys in good
standing in the Supreme Court of the United States or in any circuit court of appeals
or district court therein, or in the highest court of any State or Territory of the United
States, and who can show by satisfactory certificates that they have practiced at
least five years in any of said courts, that such practice began before July 4, 1946,
and that they have never been suspended or disbarred, may, in the discretion of the
Court, be admitted without examination.

• Again, a provision killed by time.

Who May Practice
• Exceptions:
• Who may practice without being admitted to the bar?
• In the court of a justice of the peace (now MTC) a party may conduct his
litigation in person, with the aid of an agent or friend appointed by him for
the purpose, or with the aid an attorney. In any other court, a party may
conduct his litigation personally or by aid of an attorney, and his appearance
must be either personal or by a duly authorized member of the bar. (Sec.
34, Rule 138, RoC)
Who May Practice
• Exceptions:
• Who may practice without being admitted to the bar?
• “…But in localities where such members of the bar are not available, the
court may appoint any person, resident of the province and of good repute
for probity and ability, to defend the accused.” (Sec. 7, Rule 116, RoC)
Who May Practice
• Exceptions:
• Who may practice without being admitted to the bar?
• Law students who have level 1 or level 2 certifications under the Law
Student Practice Rule. (Sec. 3, Rule 138-A, RoC)

• Note that the exceptions are allowed through the application of the
Rules of Court that is enacted by the Supreme Court. This is within
the power of the Supreme Court to regulate the practice of law. This
means that the Supreme Court can allow anyone to appear before the
courts.
Who May Practice
• Can the Congress or the Executive allow a person who is not a lawyer
to represent others in an administrative body?
• Yes, but subject to the following limitations:
• The layman should confine his work to non-adversary contentions. He should not
undertake purely legal work, such as the examination or cross-examination of witnesses,
or the presentation of evidence.
• The services should not be habitually rendered.
• The layman should not charge or collect attorney’s fees.
Who May Practice
• Can government officials practice law?
• Yes.

• Can government officials engage in private practice?

• Generally, the appointment or election of a lawyer to a government
office disqualifies him from engaging in the private practice of law.

• Basis: “In addition to acts and omissions of public officials and employees now
prescribed in the Constitution and existing laws, the following shall constitute
prohibited acts and transactions of any public official and employee and are
hereby declared to be unlawful:
• (b) Outside employment and other activities related thereto. - Public officials and employees
during their incumbency shall not:
• (2) Engage in the private practice of their profession unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to conflict with their official functions; or”
(Sec. 7, R.A. 6713)
Who May Practice
• Who are government officials who are disqualified from private practice?
• No judge or other official or employee of the superior courts or of the Office of the
Solicitor General, shall engage in private practice as a member of the bar or give
professional advice to clients. (Sec. 35, RoC)
• Government Prosecutors. (Aquino v. Blanco, 1947)
• President, Vice-President, Cabinet Members, their Deputies and Assistants. (Sec.
13, Art. VII, 1987 Constitution)
• Members of the Constitutional Commissions. (Sec. 2, Art. IX (A), 1987 Constitution)
• Civil service officials and employees whose duties and responsibilities require that
their entire time be at the disposal of the government. If not, then they can
engage in private practice provided they secure a written permit from their
department head. (Ramos v. Rada, 1975)
Who May Practice
• Other prohibitions in the practice of law by government officials:
• Members of Congress - No Senator or Member of the House of
Representatives may personally appear as counsel before any court of justice
or before the Electoral Tribunals, or quasi-judicial and other administrative
bodies. (Sec. 14, Art. VI, 1987 Constitution)
• All governors, city and municipal mayors are prohibited from practicing
their profession or engaging in any occupation other than the exercise of
their functions as local chief executives. (Sec. 90 (a), R.A. 7160)
Who May Practice
• Other prohibitions in the practice of law by government officials:
• Sanggunian members may practice their professions, engage in any
occupation, or teach in schools except during session hours: Provided,
That sanggunian members who are also members of the Bar shall not:
• (1) 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;
• (2) Appear as counsel in any criminal case wherein an officer or employee of the national
or local government is accused of an offense committed in relation to his office.
• (3) Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and
• (4) Use property and personnel of the government except when the sanggunian member
concerned is defending the interest of the government. (Sec. 90 (b), R.A. 7160)
Who May Practice
• Other prohibitions in the practice of law by government officials:
• No retiring justice, during the time that he is receiving said pension shall:
• a. Appear as counsel before any court in any civil case wherein the Government or any
subdivision or instrumentality thereof is the adverse party;
• b. In any criminal case wherein and officer or employee of the government is accused
of an offense committed in relation to his office; or
• c. Collect any fee for his appearance in any administrative proceedings to maintain an
interest adverse to the Government, insular, provincial or municipal, or to any of its
legally constituted officers. (Sec. 1, R.A. 910)
Who May Practice
• Note: Government officials who are not prohibited from engaging in private
practice must still secure prior authority from the head oftheir department.

• Basis: No officer or employee shall engage directly in any private business, vocation, or
profession or be connected with any commercial, credit, agricultural, or industrial
undertaking without a written permission from the head of Department: Provided, That
this prohibition will be absolute in the case of those officers and employees whose
duties and responsibilities require that their entire time be at the disposal of the
Government: Provided, further, That if an employee is granted permission to engage in
outside activities, the time so devoted outside of office hours should be fixed by the
chief of the agency to the end that it will not impair in any way the efficiency of the
officer or employee: And provided, finally, That no permission is necessary in the case of
investments, made by an officer or employee, which do not involve any real or
apparent conflict between his private interests and public duties, or in any way
influence him in the discharge of his duties, and he shall not take part in the
management of the
enterprise or become an officer or member of the board of directors” (Sec. 12, Rule
XVIII, Revised Civil Service Rules)
Who May Practice
• Note: Government officials who are prohibited by law to engage in
private practice are not allowed to engage in private practice even if
they acquire the consent of their superiors, except in isolated cases
for a relative or a friend. (People v. Villanueva, G.R. No. L-19450, May
27, 1965)

• Read: Noriega v. Sison, A.M. No. 2266, October 27, 1983

Who May Practice
• What are the penalties for unauthorized practice?
• For lawyers who corruptly or willfully appearing as an attorney for a party to a
case without authority to do so:
• Disbarment or suspension.

• For both lawyers and non-lawyers s who appear without authority,

the following may be availed of:
• 1. Petition for Injunction.
• 2. Declaratory Relief.
• 3. Contempt of court [Sec. 3 (e), Rule 71, RoC]
• 4. Administrative complaint against the erring lawyer or government official.
• 5. Criminal complaint for estafa against the person who falsely represented himself as a
lawyer to the damage of another.
Qualifications for
• Who may practice law?
• Any person heretofore duly admitted as a member of the bar, or hereafter
admitted as such in accordance with the provisions of this rule, and who is
in good and regular standing, is entitled to practice law. (Sec. 1, Rule 138,
RoC)

• Two parts:
• Must be admitted as a member of the bar.
• Must be in good and regular standing.
Qualifications for
• What are the qualifications before one can be admitted as a member of the
bar?
• The following are the requisites for admission to the bar:
• Filipino Citizenship and Residency
• At least twenty-one years of age
• A person of good moral character
• The applicant must:
• produce before the Supreme Court satisfactory evidence of good moral character, and that
no charges against him, involving moral turpitude, have been filed or are pending in any court
in the Philippines.
• Possess the required educational qualifications.
• Pass the Philippine Bar
• Take the Lawyer’s Oath
• Sign the Roll of Attorneys
Qualifications for
• Why is Citizenship and Residency a requirement?
• The practice of all professions in the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law. (Sec. 14, Art. XII)

• Philippine residency is required because admission to the bar implies

engaging in the practice of law which is a public service. This requires that
the lawyer be readily accessible and available to the public.

• What is the purpose of the age requirement?

• For maturity and presumption of discretion that are required in the
practice of law.
Qualifications for
• What is the purpose of the good moral character requirement?
• This requirement aims to maintain and uphold the high moral standard and
the dignity of the legal profession and one of the ways of achieving this end
is to admit to the practice of the profession only those persons who are
shown to be honest and to possess good moral character. (Bacarro v.
Pinotacan, 1984)

• Note that good moral character is not only a requirement upon

application but is a continuing requirement for the practice of law. Want
of moral character is a ground for cancellation of the license to practice.
Qualifications for
• Note that the applicant is required to produce evidence of good
moral character to the Supreme Court upon application for
admission to the bar.

• The applicant must also produce evidence that no charges against

him, involving moral turpitude, have been filed or are pending in any
court in the Philippines.
Qualifications for
• Examples of bad moral character:
• Made a false statement in the application
• Presented a forged certificate of good moral character
• Impersonated another person by using the latter’s school records
• Charged with or convicted of a crime involving moral turpitude
• Lived an adulterous life
• Contracted a second marriage during the existence of the first marriage
• Involved in a bar examination anomaly even though he was acquitted of
the offense charged arising therefrom
• Pretending to be a lawyer without admission to the bar
• Engaged in unethical and questionable business practices
Qualifications for
• What are the educational qualifications for the admission to the bar?
• No applicant for admission to the bar examination shall be admitted unless
he presents a certificate that he has satisfied the Secretary of Education that,
before he began the study of law, he had pursued and satisfactorily
completed in an authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course, the
course of study prescribed therein for a bachelor's degree in arts or sciences
with any of the following subjects as major or field of concentration: political
science, logic, english, spanish, history and economics. (Sec. 6, Rule 138, RoC)
Qualifications for
• What are the educational qualifications for the admission to the bar?
• All applicants for admission other than those referred to in the two preceding
section shall, before being admitted to the examination, satisfactorily show that they
have regularly studied law for four years, and successfully completed all prescribed
courses, in a law school or university, officially approved and recognized by the
Secretary of Education. The affidavit of the candidate, accompanied by a certificate
from the university or school of law, shall be filed as evidence of such facts, and
further evidence may be required by the court.

• No applicant shall be admitted to the bar examinations unless he has satisfactorily

completed the following courses in a law school or university duly recognized by
the government: civil law, commercial law, remedial law, criminal law, public and
private international law, political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics. (Sec. 5, Rule 138, RoC)
Qualifications for
• What are the subjects in the Philippine Bar exams?
• Political Law and International Law
• Labor Law and Social Legislations
• Civil Law
• Taxation Law
• Commercial Law
• Criminal Law
• Remedial Law
• Legal Ethics and Practical Exercises
Qualifications for
• When is the Bar exams conducted?
• 4 Sundays of November. (time of exams may change)
• 1st Sunday:
• Political Law – 8:00am to 12:00nn – 15%
• Labor Law – 2:00pm to 6:00pm – 10%
• 2nd Sunday:
• Civil Law – 8:00am to 12:00nn – 15%
• Taxation Law – 2:00pm to 6:00pm – 10%
• 3rd Sunday:
• Commercial Law – 8:00am to 12:00nn – 15%
• Criminal Law – 2:00pm to 6:00pm – 10%
• 4th Sunday:
• Remedial Law – 8:00am to 12:00nn – 20%
• Legal Ethics – 2:00pm to 6:00pm – 5%
Qualifications for
• How can one pass the bar exams?
• In order that a candidate may be deemed to have passed his examinations
successfully, he must have obtained a general average of 75 per cent in all
subjects, without falling below 50 per cent in any subjects. (Sec. 14, Rule
138, RoC)

• Note that the Supreme Court can adjust the passing grade requirement. In
the past, the SC reduced the passing grade to 70% to increase the number
of passers.
Qualifications for
• How many times can an applicant take the bar exams?
• There is no limit.

• However, candidates who have failed the bar examinations for three times shall be
disqualified from taking another examination unless they show the satisfaction of
the court that they have enrolled in and passed regular fourth year review classes
as well as attended a pre-bar review course in a recognized law school.

• The professors of the individual review subjects attended by the candidates under
this rule shall certify under oath that the candidates have regularly attended
classes and passed the subjects under the same conditions as ordinary students
and the ratings obtained by them in the particular subject.(Sec. 16, Rule 138, RoC)
Qualifications for
• After the applicant has passed the bar, the applicant is required to
take the lawyer’s oath before the Supreme Court, then sign the Roll of
Attorneys.

• After that the applicant is now admitted to the bar.

• Remember to pay your IBP dues and your professional tax!
Procedure for
• What is the procedure for admission to the bar?
• The applicant must file a petition to take the bar exams within the time
given by the Supreme Court for every bar exam together with the required
attachments.

• The applicant has the burden of proving their qualifications.

• The applicant must show that there are no filed or pending charges against him for an
offense involving moral turpitude. If there is, then the applicant is required to disclose
such charge. In this case, the Supreme Court will decide whether to allow the
applicant to proceed with the application.
Procedure for
• What is the penalty for cheating in the bar exams?
• No candidate shall endeavor to influence any member of the committee,
and during examination the candidates shall not communicate with each
other nor shall they give or receive any assistance. The candidate who
violates this provisions, or any other provision of this rule, shall be barred
from the examination, and the same to count as a failure against him, and
further disciplinary action, including permanent disqualification, may be
taken in the discretion of the court. (Sec. 13, Rule 138, RoC)