1. Requirements for Practice of Law

8/18/2019 1. Requirements for Practice of Law

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+hat is practice of law

• -he ourt ruled that the term “practice of law” impliescustomaril! or habituall! holding oneself out to the public as alaw!er for compensation as a source of li elihood or inconsideration of his ser ices. -he ourt further ruled thatholding one/s self out as a law!er ma! be shown b! acts

indicati e of that purpose, such as identif!ing oneself asattorne! , appearing in court in representation of a client ,or associating oneself as a partner of a law office for thegeneral practice of law. ) Att!. 0oe)Lacsaman . Att!.1usmente, A. . 0o. 2%*3 4%&''5

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• An! acti it!, in and out of court, that requires the applicationof law, legal procedure, 6nowledge, training and e7perience.8oreo er, we ruled that to engage in the practice of law is to

perform those acts which are characteristics of theprofession 9 to practice law is to gi e notice or render an!6ind of ser ice, which de ice or ser ice requires the usein an! degree of legal 6nowledge or s6ill. ) :uer! of Att!."il erio)1uffe, A.8. 0o. &;)*)


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• -he practice of law is not limited to the conduct of cases orlitigation in court 9 it embraces the preparation of pleadingsand other papers incident to actions and specialproceedings , the management of such actions andproceedings on behalf of clients before =udges and courts, and

in addition, con e!ancing.• >n general, all ad ice to clients, and all action ta6en for them in

matters connected with the law 777. ) Aguirre . Rana, 1. 8.0o. '&


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+ho ma! practice law

• "ection ', Rule '


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Passing the bar e7am is not enough•

A bar candidate does not acquire the right to practice law simpl!b! passing the bar e7aminations . -he practice of law is apri ilege that can be withheld e en from one who has passedthe bar e7aminations , if the person see6ing admission hadpracticed law without a license.

•-rue, respondent here passed the %&&& 1ar E7aminations and too6the law!er/s oath. owe er, it is the signing in the oll ofAttorne!s that finall! ma6es one a full)fledged law!er. -hefact that respondent passed the bar e7aminations is immaterial.Passing the bar is not the onl! qualification to become an attorne!)at)law. Respondent should 6now that two essential requisites forbecoming a law!er still had to be performed, namel!@ his law!er/soath to be administered b! this ourt and his signature in the Rollof Attorne!s. # Aguirre . Rana, 1. 8. 0o. '&


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"igning of the Law!er/s Bath is not

equi alent to “ta6ing the oath”• Respondent Abad should 6now that the circumstances which

he has narrated do not constitute his admission to thePhilippine 1ar and the right to practice law thereafter. e

should 6now that two essential requisites for becoming alaw!er still had to be performed, namel!@ his law!erCs oath tobe administered b! this ourt and his signature in the Roll of Attorne!s. DRule '


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+hether or not a law!er is entitled toe7emption from pa!ment of his >1P dues

during the time that he was inacti e in thepractice of law• -hus, pa!ment of dues is a necessar! consequence of

membership in the >1P , of which no one is e7empt. -his meansthat the compulsor! nature of pa!ment of dues subsists for aslong as one/s membership in the >1P remains regardless ofthe lac6 of practice of, or the t!pe of practice, the member isengaged in.

• -here is nothing in the law or rules which allows e7emptionfrom pa!ment of membership dues. At most, as correctl!obser ed b! the >1P, he could ha e informed the "ecretar! of the>ntegrated 1ar of his intention to sta! abroad before he left. >nsuch case, his membership in the >1P could ha e been terminatedand his obligation to pa! dues could ha e been discontinued. )Letter of Att!. ecilio F. Are alo ?r. 1.8. '


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>s >1P membership feea form of ta7

• $or the court to prescribe dues to be paid b! the membersdoes not mean that the ourt is attempting to le ! a ta7.

• A membership fee in the 1ar association is an e7action forregulation , while ta7 purpose of a ta7 is a re enue . >f the =udiciar! has inherent power to regulate the 1ar, it follows thatas an incident to regulation, it ma! impose a membership feefor that purpose. >t would not be possible to put on an

integrated 1ar program without means to defra! the e7penses.-he doctrine of implied powers necessaril! carries with it thepower to impose such e7action. ) Letter of Att!. ecilio F. Are alo ?r. 1.8. '


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-here is no pro ision under the P whichprohibits the unauthoriGed practice of law

• A0B0 3 ) A law!er shall not, directl! or indirectl!, assist inthe unauthoriGed practice of law.

• +hile a reading of anon 3 appears to merel! prohibitlaw!ers from assisting in the unauthoriGed practice of law,the unauthoriGed practice of law b! the law!er himself issubsumed under this pro ision , because at the heart of

anon 3 is the law!erCs dut! to pre ent the unauthoriGed

practice of law. ) Petition to sign in the Roll of Attorne!s,8edado, 1.8. 0o. %(H& 4%&'


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E7amples of unauthoriGedpractice of law

• >n the cases where we found a part! liable for the unauthoriGedpractice of law, the part! was guilt! of some o ert act li6e@

'. signing court pleadings on behalf of his client9

%. appearing before court hearings as an attorne!9


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Pre)law requirements

• Rule '


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Applicant should be read! topresent e idence of good moral

character• +hen applicants see6 admission to the bar, the!

ha e placed their character at issue. -herefore, theapplicant bears the burden of producinginformation pro ing good moral character. )8itchell "imon , 0ic6 "mith and 0icole 0egowetti

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>s breach of promise to marr!gross immoralit!

Respondent was pre ented from ta6ing the law!er/s oath in '32'because of the charges of gross immoralit! made b!complainant. -o recapitulate, respondent bore an illegitimate child with his sweetheart, Patricia $igueroa, who also claims that he didnot fulfill his promise to marr! her after he passes the bare7aminations.

+e find that these facts do not constitute gross immoralit! warranting the permanent e7clusion of respondent from the legalprofession. is engaging in premarital se7ual relations with

complainant and promises to marr! suggests a doubtful moralcharacter on his part but the same does not constitute grossl!immoral conduct. -he ourt has held that to =ustif! suspension ordisbarment the act complained of must not onl! be immoral, butgrossl! immoral. ) $igueroa . 1arranco, ?r. "1 ase 0o. ('3 '332

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Jood moral character .ehabilitation

• +hen an applicant for admission to the bar has committed first)degree murder, a crime that demonstrates an e7treme lac6 ofgood moral character , he must ma6e an e7traordinar! showingof present good moral character to establish that he or she isqualified to be admitted to the practice of law 777.

• -o show rehabilitation, 4one5 must show that he has acceptedresponsibilit! for his criminal conduct.

• Rehabilitation is a necessar!, but not sufficient, ingredient of goodmoral character of bar applicant who had been con icted of a

serious felon!9 applicant must establish his current good moralcharacter , independent of and in addition to, e idence ofrehabilitation . ) >n re@ ?ames ?oseph amm '%< P.


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ehabilitation is not enough

E en assuming that 4one5 has established rehabilitation, showingrehabilitation from criminal conduct does not, in itself, establishgood moral character.

Rehabilitation is a necessar!, but not sufficient, ingredient of goodmoral character. An applicant must establish his current goodmoral character, independent of and in addition to, e idence ofrehabilitation.

E en assuming that he has established rehabilitation, showingrehabilitation from criminal conduct does not , in itself, establishgood moral character. ) >n re@ ?ames ?oseph amm '%< P.


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+hat is an“upright character”

• CUpright characterC is something more than an absence of badcharacter. >t means that he 4an applicant for admission5 mustha e conducted himself as a man of upright character

ordinaril! would, should, or does. "uch character e7pressesitself not in negati es nor in following the line of leastresistance, but quite often in the will to do the unpleasantthing if it is right, and the resol e not to do the pleasant thing ifit is wrong. ) >n re@ ?ames ?oseph amm '%< P.


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Past and Present moral character

• +e also agree with amm that, under the Rule applicable toammCs application, our concern must be with the applicantCs

present moral character. >n Jreenberg, we e7plained that it is4the applicantCs5 moral character as of now with which we areconcerned. 777 Past misconduct, howe er, is not irrele ant. Rather, this ourt must determine what past bad acts re eal aboutan applicantCs current character. ) >n re@ ?ames ?oseph amm '%<P.


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Effect of prior criminal con iction

• “Although a prior con iction is not conclusi e of a lac6 ofpresent good moral character , ... it adds to his burden ofestablishing present good character b! requiring

con incing proof of his full and complete rehabilitation.”) >nre@ ?ames ?oseph amm '%< P.


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>s po ert! of litigant a =ustification toengage in illegal practice of law

• -he defense of respondent that his participation Dsic fordefendantsC cause was gratuitous as the! could not engage theser ices of counsel b! reason of po ert! and the absence ofone in the localit! cannot, e en if true, carr! the da! for him, )Meta . 8alinao, A.8. 0o. P)%%&, Necember %&, '32;

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an a law!er)detaineepractice law

• As a matter of law, when a person indicted for an offense isarrested, he is deemed placed under the custod! of the law. e isplaced in actual restraint of libert! in =ail so that he ma! be boundto answer for the commission of the offense. e must be detainedin =ail during the pendenc! of the case against him, unless he isauthoriGed b! the court to be released on bail or on recogniGance.Let it be stressed that all prisoners whether under pre enti edetention or ser ing final sentence can not practice theirprofession nor engage in an! business or occupation, or holdoffice, electi e or appointi e, while in detention. -his is anecessar! consequence of arrest and detention. # PP . on.8aceda and ?a ellana J.R. 0o. ;3(3')3* ?anuar! %H, %&&&

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+hat is the effect of non)pa!ment of

>1P dues• Rule '


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8isrepresenting to the public and thecourts that he had paid his >1P dues

1! indicating >1P)RiGal %(3&*& in his pleadings and thereb!misrepresenting to the public and the courts that he had paidhis >1P dues to the RiGal hapter, respondent is guilt! of iolatingthe ode of Professional Responsibilit! which pro ides@Rule '.&' ) A law!er shall not engage in unlawful, dishonest, immoral or

deceitful conduct.A0B0 2 ) A LA+FER " ALL A- ALL ->8E" UP BLN - E >0-EJR>-F

A0N N>J0>-F B$ - E LEJAL PRB$E"">B0, A0N "UPPBR- - E A ->K>->E" B$ - E >0-EJRA-EN 1AR.

A0B0 '& ) A LA+FER B+E" A0NBR, $A>R0E"" A0N JBBN $A>--B - E BUR-. Rule '&.&' ) A law!er shall not do an! falsehood, nor consent to thedoing of an! court9 nor shall he mislead or allow the court to be misled b!an! artifice. ) "antos, ?r. K. Att!. Llamas A. 0o. H2H3 4%&&&5

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>s a “senior citiGen” law!er e7emptedfrom pa!ment of >- also e7empted

from pa!ment of >1P dues

• +hile it is true that R.A. 0o. 2H


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>ntent is necessar! to be guilt! ofunauthoriGed practice of law

• >n se eral cases, we ha e ruled that the unauthoriGed practice oflaw b! assuming to be an attorne! and acting as such withoutauthorit! constitutes indirect contempt which is punishable b!fine or imprisonment or both. -he liabilit! for the unauthoriGedpractice of law under "ection


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Noes gi ing up Philippine citiGenshipautomaticall! result into lost of

membership in the Philippine bar• -he onstitution pro ides that the practice of all professions in the

Philippines shall be limited to $ilipino citiGens sa e in cases

prescribed b! law. "ince $ilipino citiGenship is a requirement foradmission to the bar, loss thereof terminates membership inthe Philippine bar and, consequentl!, the pri ilege to engage inthe practice of law. >n other words, the loss of $ilipinocitiGenship ipso =ure terminates the pri ilege to practice lawin the Philippines. -he practice of law is a pri ilege denied toforeigners. ) Petition for lea e to resume practice of law,Nacana!1.8. 0o. '*2; Necember '2, %&&2

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8a! a law!er who has lost his $ilipinocitiGenship still practice law in the

Philippines• -he onstitution pro ides that the practice of all professions in the

Philippines shall be limited to $ilipino citiGens sa e in cases

prescribed b! law. "ince $ilipino citiGenship is a requirement foradmission to the bar, loss thereof terminates membership in thePhilippine bar and, consequentl!, the pri ilege to engage in thepractice of law. >n other words, the loss of $ilipino citiGenship ipso =ure terminates the pri ilege to practice law in the Philippines. -he

practice of law is a pri ilege denied to foreigners. ) Petition forlea e to resume practice of law,Nacana! 1.8. 0o. '*2; Necember'2, %&&2

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Effect of reacquisition of

$ilipino citiGenship• A $ilipino law!er who becomes a citiGen of another countr! and

later re)acquires his Philippine citiGenship under R.A. 0o. 3%%(,remains to be a member of the Philippine 1ar. # Petition to

reacquire the pri ilege to practice law in the Philippines, 8uneses,1.8. %''% 4%&'%5

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equirements before one can resumepractice of law after reacquiring $ilipino

citiGenship• 1efore a law!er who reacquires $ilipino citiGenship pursuant to RA3%%( can resume his law practice, he must first secure from this

ourt the authorit! to do so, conditioned on@Da theupdating and pa!ment in full of the annual membership

dues in the >1P9Db the pa!ment of professional ta79Dc the completion of at least


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+hat is the purpose for requiring the

reta6ing of Law!er/s Bath• -he reta6ing of the law!er/s oath which will not onl! remind

him of his duties and responsibilities as a law!er and as anofficer of the ourt, but also renew his pledge to maintainallegiance to the Republic of the Philippines.

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itiGenship requirement in order to

practice law in the Philippines

• Constitution Art. 12 "ection 'H. 777. -he practice of all professions

in the Philippines shall be limited to $ilipino citiGens, sa e in casesprescribed b! law .

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equirements for all applicants foradmission to the bar

• "ection %, Rule '


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ontinuing requirements to practice

law• -he second requisite for the practice of law Q membership in

good standing Q is a continuing requirement . -his meanscontinued membership and, concomitantl!, pa!ment ofannual membership dues in the >1P9 pa!ment of the annualprofessional ta79 compliance with the mandator! continuinglegal education requirement9 faithful obser ance of the rulesand ethics of the legal profession and being continuall! sub=ectto =udicial disciplinar! control. ) Petition for lea e to resume practice of law,Nacana! 1.8. 0o. '*2; Necember '2, %&&2

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Phases of admission to the bar

• 8oreo er, admission to the bar in ol es arious phases suchas furnishing satisfactor! proof of educational, moral andother qualifications9 passing the bar e7aminations9 ta6ing thelaw!er/s oath and signing the roll of attorne!s and recei ingfrom the cler6 of court of this ourt a certificate of the licenseto practice. ) Petition for lea e to resume practice oflaw,Nacana! 1.8. 0o. '*2; Necember '2, %&&2

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an a successful e7aminee ta6e his oathbefore an! person allowed b! law to

administer an oath• Rule 'nasmuch as the oath as law!er is a prerequisite to the practice oflaw and ma! be ta6en onl!, before the "upreme ourt , b!

those authoriGed b! the latter to engage in such practice 777. # PP. Ne Luna, et. al. J.R. 0os. L)'&%


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"ection %. "ection H' of theAdministrati e ode of '3;2 is hereb!

amended to read as follows"ec. H'. Bfficers AuthoriGed to Administer Bath. ) -he followingofficers ha e general authorit! to administer oaths@• President9• Kice)President9• 8embers and "ecretaries of both ouses of the ongress9

• 8embers of the ?udiciar!9• "ecretaries of Nepartments9• pro incial go ernors and lieutenant)go ernors9• cit! ma!ors9• municipal ma!ors9• bureau directors9

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R a u t h o r i G d t o a d m i n i s t r o a t h

• regional directors9• cler6s of courts9• registrars of deeds9• other ci ilian officers in the public ser ice of the go ernment

of the Philippines whose appointments are ested in thePresident and are sub=ect to confirmation b! the ommissionon Appointments9

• all other constitutional officers9• and notaries public.

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Nuties of Attorne!s• Rule 't is the dut! of an attorne!@Da -o maintain allegiance to the Republic of the Philippines and to support the onstitution and

obe! the laws of the Philippines9Db -o obser e and maintain the respect due to the courts of =ustice and =udicial officers9Dc -o counsel or maintain such actions or proceedings onl! as appear to him to be =ust, and such

defenses onl! as he belie es to be honestl! debatable under the law9Dd -o emplo!, for the purpose of maintaining the causes confided to him, such means onl! as are

consistent with truth and honor, and ne er see6 to mislead the =udge or an! =udicial officer b!an artifice or false statement of fact or law9

De -o maintain in iolate the confidence, and at e er! peril to himself, to preser e the secrets of hisclient, and to accept no compensation in connection with his clientCs business e7cept from himor with his 6nowledge and appro al9

Df -o abstain from all offensi e personalit! and to ad ance no fact pre=udicial to the honor orreputation of a part! or witness, unless required b! the =ustice of the cause with which he ischarged9

Dg 0ot to encourage either the commencement or the continuance of an action or proceeding, or

dela! an! manCs cause, from an! corrupt moti e or interest9Dh 0e er to re=ect, for an! consideration personal to himself, the cause of the defenseless oroppressed9

Di >n the defense of a person accused of crime, b! all fair and honorable means, regardless of hispersonal opinion as to the guilt of the accused, to present e er! defense that the law permits, tothe end that no person ma! be depri ed of life or libert!, but b! due process of law.

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+hat is a law!er/s proof of authorit! to

practice of law• Rule '


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$ailure to sign in theoll of Attorne!s

• Petitioner did not sign in the Roll of Attorne!s for was probabl! =ust an attendance record.

• As 8edado is not !et a full)fledged law!er, we cannot suspendhim from the practice of law. owe er, we see it fit to imposeupon him a penalt! a6in to suspension b! allowing him tosign in the Roll of Attorne!s one D ' !ear after receipt of this

Resolution. $or his transgression of the prohibition against theunauthoriGed practice of law, we li6ewise see it fit to fine himin the amount of P


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ertificate of 8embership I ertificate of

8embership in Jood "tanding in >1P• ertificate of 8embership in the >ntegrated 1ar of the

Philippines as well as a ertificate of 8embership in Jood"tanding with the :ueGon it! hapter of the >ntegrated 1ar of

the Philippines do not constitute his admission to thePhilippine 1ar and the right to practice law thereafter . ) Re@Elmo Abad, A. 8. 0o. '


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equirements after flun6ing

the bar < times• "ec. '*. $ailing candidates to ta6e re iew course. ) andidates

who ha e failed the bar e7aminations for three times shall bedisqualified from ta6ing another e7amination unless the! showto the satisfaction of the court that the! ha e enrolled in andpassed regular fourth !ear re iew classes as well as attendeda pre)bar re iew course in a recogniGed law school.

-he professors of the indi idual re iew sub=ects attended b! thecandidates under this rule shall certif! under oath that thecandidates ha e regularl! attended classes and passed thesub=ects under the same conditions as ordinar! students and theratings obtained b! them in the particular sub=ect.

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Authorit! to appear in behalfof a client

• "ec. %'. Authorit! of attorne! to appear. ) An attorne! ispresumed to be properl! authoriGed to represent an! causein which he appears, and no written “power of attorne!” isrequired to authoriGe him to appear in court for his client,but the presiding =udge ma! , on motion of either part! and on

reasonable grounds therefor being shown, require an!attorne! who assumes the right to appear in a case toproduce or pro e the authorit! under which he appears ,and to disclose , whene er pertinent to an! issue, the name ofthe person who emplo!ed him , and ma! thereupon ma6esuch order as =ustice requires. An attorne! wilfull! appearing incourt for a person without being emplo!ed , unless b! lea e ofthe court, ma! be punished for contempt as an officer of thecourt who has misbeha ed in his official transactions.

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A “ ounselor” is not an “Attorne!”

• -he title of attorne! is reser ed to those who, ha ing obtainedthe necessar! degree in the stud! of law and successfull! ta6en the1ar E7aminations, ha e been admitted to the >ntegrated 1ar of the

Philippines and remain members thereof in good standing9 and itis the! onl! who are authoriGed to practice law in this =urisdiction.

• is disinclination to use the title of counselor does not warranthis use of the title of attorne!. ) Alawi . Alau!a, A.8. "N )32)%)P.$ebruar! %H, '332

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Prohibited acts of an e7aminee• Rule '


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equirements after flun6ing

the bar < times• Enrollment and completion of pre)bar re iew course is an

additional requirement under Rule 'n re@ Purisima, 1.8. 0os. 323 and 3;* 4%&&%5

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an an “indefinite suspension” from thepractice of law prohibit a law!er from filing

a citiGen or ta7pa!er suit• Petitioner Alan $. Paguia Dpetitioner , as citiGen and ta7pa!er ,

filed this original action for the writ of certiorari to in alidatePresident Jloria 8acapagal)Arro!o/s nomination of respondentformer hief ?ustice ilario J. Na ide, ?r. Drespondent Na ideas Permanent Representati e to the United 0ations DU0 for

iolation of "ection %< of Republic Act 0o. 2'(2 DRA 2'(2 , thePhilippine $oreign "er ice Act of '33'.

• >n their separate omments, respondent Na ide, the Bffice ofthe President, and the "ecretar! of $oreign Affairs Drespondentsraise threshold issues against the petition. $irst, the! questionpetitioner/s standing to bring this suit because of hisindefinite suspension from the practice of law.

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• An incapacit! to bring legal actions peculiar to petitioner alsoobtains. Petitioner/s suspension from the practice of law barshim from performing “an! acti it!, in or out of court, whichrequires the application of law, legal procedure, 6nowledge,training and e7perience.” ertainl!, preparing a petitionraising carefull! crafted arguments on equal protectiongrounds and emplo!ing highl! legalistic rules of statutor!construction to parse "ection %< of RA 2'(2 falls within theproscribed conduct. ) Paguia . Bffice of the President, J.R.0o. '2*%2; 4%&'&5

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-han6 !ou for !ourattentionSS

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Documents

1. Requirements for Practice of Law