2.

02 Legislative Power to Repeal, Alter or Supplement

1935 and 1973 Constitution provide that the SC
have the power to promulgate rules concerning
the admission to the practice of law, and the
integration of the Bar, which, however, may be
repealed, altered, or supplemented by the
BATASANG PAMBANSA
1987 Constitution deleted such provision and
retains only in the SC such power to retain
promulgation, alteration and repealing even those
enacted by the legislature
HOWEVER, the Legislature may:
(a) Enact laws with respect to the established
rules and principles that applicants in the bar
should observe
- As such, the legislature may prescribe
additional requirements for admission to
the bar or filling up deficiencies in the
requirements for admission to the bar
- However, such doesnt have retroactive
effect to allow a layman to practice law
nor the authority to control the SC in the
performance of its function to decide who
may be admitted in the practice
(b) In the exercise of its police power, regulate the
practice of law
- It may enact a law declaring illegal and
punishable unauthorized practice of law
- Further examination of those aspiring to
practice law before any administrative
agency
- Promotion of general welfare is no
sufficient justification to restrict the
power of SC to decide on who may
practice law
Whatever law may be passed in the exercise of the
PP is merely in aid of, and does not retract from,
the judicial power to regulate the practice of law

2.03 Executive Power in Relation to Practice
The Chief Executive cannot, by executive order,
admit a person to the practice of law nor can he, by
treaty with another country, modify the rules
concerning the admission to the bar
A person who was admitted to the practice of law
in another country is not entitled to be admitted to
the Philippine Bar without examination, successfully
passing the bar examination being a prerequisite to
the admission to the practice in the Philippines

2.04 Prescribing Standards for Law Schools
The CHED, under existing laws, exercises regulatory
power over private schools.
It certifies the completion of the course of law and
it assumes some responsibility for the quality of
instructions and training required of an applicant
for membership in the bar
In line with this responsibility, the CHED acts as an
agency or in aid of the SC in the exercise by latter
the decision of who may be admitted to the bar
Incidental Powers that the SC can exercise:
(a) Fixing of minimum standards of instruction for
all law schools to observe
(b) Setting up of the necessary administrative
machinery to determine compliance therewith
(c) By way of sanction, the refusal to admit to the
bar exam law graduates from any law school
failing to meet those standards

B. WHAT CONSTITUTES PRACTICE OF LAW

2.05 Practice of Law, generally
Generally, this is to do any of those acts which are
characteristic of the legal profession
It embraces any activity, in or out of court, which
requires the application of law, legal principle,
practice or procedure and calls for legal knowledge,
training and experience
It is not limited to conduct of cases in court but it
includes legal advice and counseling, and the
preparation of legal instruments and contracts by
which legal rights are secured, which may or may
not be pending in court
3 Principal Types of Activities of an Attorney-at-law:
(a) Legal advice and instructions to clients to
inform them of their rights
(b) Preparation for clients of documents requiring
knowledge of legal principles no possessed by
ordinary layman
(c) Appearance for clients before public tribunals
which possess power and authority to
determine rights of life, liberty and property
according to law
Engaging in the practice of law presupposes the
existence of an attorney-client relationship, w/o
this, he cannot be considered in the practice of law

2.06 Characteristics of Term Practice of Law
It implies customarily holding oneself out to the
public, as a lawyer, for compensation as a source of
livelihood or in consideration of his service
A judge who is prohibited from engaging in the
private practice of law has not violated this
prohibition when he appeared as counsel for his
relative pro bono in a criminal case, as his
appearance was isolated

GR: The appearance of a counsel in one occasion is
not conclusive as determinative of engagement in
the practice of law
XPN:
(1) A lawyer who is a member of the legislature
cannot appear as counsel in any court or
tribunal
(2) Private Individual (XPN: as permitted by law)

2.07 Representation before the Court
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 various stages and in accordance
with the established rules of procedure

2.08 Representation before other Agencies
The appearance to any quasi-judicial, administrative
or legislative agency, which calls for the
interpretation and the application of laws and
presentation of evidence to establish certain facts,
constitutes practice of law
This is for the reason that the question of the
practice of law is upon the character of service and
not to the place where it is performed
It must be noted, however, that the same principles
of ethics which justify his appearance before these
agencies

2.09 Activity Outside of Court
Such embraces the giving of legal advice on a large
variety of subjects, conveyancing and the
preparation and execution of legal instruments
covering an extensive field of business and trust
relations and other affairs (such work has profound
effects as to the possibility of litigation in mind)
Cayetano vs. Monsod practice of law need not be
habitual services rendered in litigations in court
Criteria by the Commission on Appointments as
determination of Practice of Law:
(a) Habituality holding oneself to public as a
lawyer
(b) Compensation implies that one must have
presented himself to be in 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 service
(c) Application of Law, Legal Principle, Practice or
Procedure which calls for legal knowledge,
training and experience
(d) Attorney-Client Relationship presumed by
law and in absence of such (teaching law or
writing law books or articles), he cannot be
said to be engaged in the practice of his
profession as a lawyer

C. WHO MAY PRACTICE LAW

2.10 Persons Entitled to Practice Law, generally
Any person who has been duly licensed as a
member of the bar in accordance with the statutory
requirements and who is in good and regular
standing in entitled to practice law
A. REQUIREMENTS TO ADMITTANCE TO THE BAR:
a) Furnishing satisfactory proof of educational,
moral and other qualifications
b) Passing the bar examinations
c) Taking the lawyers oath before the SC
d) Signing the roll of attorneys and receiving from
the clerk of court of the SC a certificate to license
the practice
B. REQUIREMENTS FOR GOOD & REGULAR
STANDING:
a) Remain a member of the IBP
b) Regularly pay all IBP membership dues and other
lawful assessments as well as annual privilege tax
c) Faithfully observe the rules and ethics of the legal
profession
d) Be continually subject to judicial disciplinary
control
Such requirements is to insure that only those who
are mentally and morally ready will be admitted to
the practice, those who are competent, honorable
and reliable

2.11 Right and Privilege to Practice Law
It is to great extent a privilege and at some degree a
right
The practice of law is not a natural, property or
constitutional right but a mere privilege.
It is not a right granted to anyone who demands it
but a privilege to be extended or withheld in the
exercise of sound judicial discretion
It is a privilege accorded only to those who measure
up to certain rigid standards of mental and moral
fitness
But while the practice of law is a privilege, a lawyer
cannot be prevented from practicing law except for
valid reasons, thus making it a right

2.12 Practices w/o Examination
GR: The privilege to practice law is reserved to Filipino
citizens who have passed the required bar
examination
XPN: (no longer applicable)
1. Citizens of the US 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 these facts before the
SC, be allowed to continue practice after taking
the oath of office (comity clause)
2. Applicants for admission who, being Filipino
citizens, are enrolled attorneys in good standing
in the SC of the US and can show that they have
practiced before July 4, 1946 and that they have
not been suspended and disbarred, may, in the
discretion of the Court, be admitted without
examination

2.13 Practices without Admission
A layman is permitted by the SC to appear for
another only in the MTC and MeTC, accordingly, he
cannot, even in a single occasion, represent another
in any other court
REQUISITES FOR A LAYMAN TO APPEAR FOR
ANOTHER IN COURT:
a) A layman should confine his work to non-
adversary contentions and not legal work
b) The services should not be habitually rendered
c) A layman should not charge or collect attorneys
fees
A layman who , is unauthorized, engages in the
practice of law may be held liable

2.14 Right of Party to Represent Himself
An individual litigant in a civil case has the right to
conduct his litigation personally, bounded by the
same rules of procedure and evidence available to
party in counsel. In such case, he may not complain
later that he had been deprived of the right to the
assistance of counsel
In criminal cases involving grave and less grave
offenses, an accused who is a layman must always
appear by counsel
A juridical person must always appear in court by a
duly licensed member of the bar, except in MTC
where it may be represented by its agent or officer
who need not be a lawyer

2.15 Practices by Corporation
A juridical person must always appear in court by a
duly licensed member of the bar, except in MTC
where it may be represented by its agent or officer
who need not be a lawyer
This is due to the reason that a corporation cannot
perform the conditions required for the
membership in the bar such as good moral
character and taking the oath and becoming an
officer of the court

2.16 Persons Authorized to Represent the Government
Any official or other person appointed or
designated in accordance with law to appear for the
Government of the Philippines or any of its officials
shall have all the rights of a duly authorized
member of the bar to appear in any case in which
the government has an interest, direct or indirect,
or in which such official is charged in his official
capacity (common quali is membership in the bar)
It may include the (a) SG, (b) asst. SG, (c) Solicitors,
(d) trial attorneys, (e) state prosecutors, (f) special
counsel in the DOJ, (g) provincial and city
prosecutors and their assistants and (h) other
attorneys in other legal offices of the government

2.17 Disability of Public Officials to Practice
Generally, appointment or election of an attorney
to a government office disqualifies him from
engaging in the private practice of law; the reason
is that public office is public trust, and a public
officer or employee is obliged not only to perform
his duties with the highest degree of responsibility
but also in exclusive fidelity
A lawyer member of the Legislature is not
absolutely prohibited from personally engaging in
the practice of his profession. He is only prohibited
from appearing as counsel before any court of
justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies
What is prohibited is personally appearing in court
(includes not only arguing the case but also filing a
pleading on behalf of the client
Section 90 Practice of Profession (LGC RA 7160)
a. 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.
b. Sanggunian officials 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 and LGU or any office, agency or
instrumentality of the government is the adverse
party
2. Appear as counsel in any criminal case wherein
an official 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 LGU of
which he is an official
4. Use property and personnel of the Government
except when the sanggunian member concerned is
defending the interest of the Government.
c. Doctors of medicine may practice their profession
even during official hours of work only on occasion of
emergency. Provided, that the official do not derive
any monetary income profession.
A lawyer in government service who is not
prohibited to practice law must secure prior
authority from the head of his department
A civil service officer or employee whose
responsibilities do not require his time to fully at
the disposal of the government can engage in the
private practice of law only with the written
permission of the head of the department
concerned (Rule 18, Section 12, Revised Civil
Service Rules)
In acting as counsel for a party without first
securing the required written permission violates
the Revised Civil Service Rules and is a breach of
Rule 1.01 of the Code of Professional Responsibility:
RULE 1.01 A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct
In doing so, he disregards legal ethics and disgraces
the dignity of the legal profession
2.18 Liability for Unauthorized Practice
Any person who practices law or who assumes to
be an attorney is liable for contempt of court,
punishable by fine or imprisonment or both in the
discretion of the court
If an unauthorized practice on the part of a person
who assumes to be an attorney and causes damage
to property may be liable for estafa
A judge is prohibited from engaging in private
practice of law and in violation of which, he can be
held liable administratively

2.19 Remedies against Unauthorized Practice
1. Petitions for injunction
2. Declaratory Relief
3. Contempt of Court
4. Petition for disqualification
5. Complaints for disbarment
6. Criminal case of estafa
7. Lawyers disqualification if he appeared when
prohibited

D. QUALIFICATIONS FOR ADMISSION

2.20 Generally
Every applicant in the admission to the practice of
law must be:
(a) a citizen of the Philippines
(b) a resident thereof
(c) at least 21 years of age
(d) a person of good moral character
(e) he must show that no charges against him
involving moral turpitude, are filed or pending
in court
(f) possess the required educational qualifications
(g) pass the bar examinations
The SC (power to admit applicants to the bar) and
the Legislature (Legislative Power) may provide
other qualifications or requirements as they may
deem necessary to elevate standards of the legal
profession

2.21 Citizenship and Residence
Practice of Law is a privilege denied to foreigners
Such is nor harsh nor unreasonable but is based on
principles of public policy, for an alien cannot
maintain allegiance to the RP, which is required in
the oath of a lawyer

2.22 Good Moral Character
Continued possession of good moral character after
admission is a requirement for enjoyments of the
privilege to practice
This requirement aims to maintain and uphold the
high moral standard and 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
MORAL CHARACTER
- Is what a person really is, as distinguished from
good reputation or from the opinion generally
entertained of him, the estimate in which he is
held by the public in the place where he is known
IMMORALITY
- Conduct that shows indifference to the moral
character, connotes conduct that shows
indifference to the moral norms of society and
the opinion of good and respectable members of
the community
GOOD MORAL CHARACTER (least common honesty)
- not susceptible of a concrete definition
- may be realistically defines in a negative way in
terms of an absence of proven conduct or act
which has been historically and traditionally
considered as a manifestation of moral turpitude
EXAMPLE OF NOT OF GOOD MORAL CHARACTER:
1. Made false statement in his application
2. Presented a forged certificate of good moral
character
3. Impersonated another by filling anothers school
records
4. Involves a crime of moral turpitude
5. Conducted a 2
nd
marriage in existence of the 1
st

6. Held himself as an attorney w/o being admitted
to the practice
7. Issuing bouncing checks which remained unpaid
8. Obtaining credit through concealment of
material facts
9. Engaging in unethical and questionable business
practices

2.23 Educational Qualifications
a) A 4-year high school course
b) Bachelors degree in the arts and sciences with
political science, logic, English, Spanish,
history, or economics as a major or a field of
concentration
c) A 4-year bachelors degree in law with
completed courses in 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.
The pre-law course used to be a 2-year course study
only, but due to the poor showing of postwar
examinees in the bar examinations and the clamor
to elevate the standards of the legal profession
prompted the SC to prescribe a bachelors degree in
arts or sciences as a prerequisite in the study of law
This included the subjects in labor and social
legislation, taxation and medical jurisprudence to
prepare lawyers for the highly technical work and
growing complexities of the advocacy

2.24 Bar Examinations
The applicant is subjected to a written exam in the
following subjects:
a) Civil Law (15%)
b) Labor and Social Legislation (10%)
c) Mercantile Law (5%)
d) Criminal Law (10%)
e) Political and International Law (15%)
f) Taxation (10%)
g) Remedial Law (20%)
h) Legal Ethics and Practical Exercises (5%)
A general average of 75% in all subjects, w/o failing
below 50% in any subject is the passing grade (the
SC may however reduce the gen. passing grade)
The rule does not permit the partial passing of the
examinations at indefinite intervals because of the
grave defects of such a system in failing to take into
account that the laws and jurisprudence are not
stationary and that when a candidate finally
receives his certificate it may happen that the
existing laws and jurisprudence are already
different, seriously affecting in that manner his
usefulness.

E. PROCEDURE FOR ADMISSION

2.25 Bar Examination Committee

2.26 Application and Supporting Documents
2.27 Disclosure of Involvement in any Criminal Case
2.28 Burden of Proof to Show Qualifications
2.29 Written Examinations
2.30 Restrictions to Insure Integrity in Examination
2.31 Correction and Revaluation of Grades
2.32 Administration of Oaths
2.33 Issuance of Certificate
2.34 Payment of IBP Dues and Privilege Tax