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LEGAL PROFESSION

Judge Jose Lorenzo Dela Rosa


I.

7. Promote a continuing program of legal research in substantive and


adjective law, and make reports and recommendations thereon
8. Enable the Bar to discharge its public responsibility effectively

1987 Philippine Constitution: Art. 8, Sec. 5, par. (5)

II.

Points to Remember
IBP, Javellana, Garrido, Edillon,Cayetano, Ulep

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. Such rules shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for all courts of the
same grade, and shall not diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.

In re Integration of the Bar of The Philippines

Court created the Commission on Bar Integration for the purpose of


ascertaining the advisability of unifying the Philippine Bar.
In September 1971, Congress passed a House Bill No. 3277 entitled An Act
Providing for the Integration of the Philippine Bar, and Appropriating Funds
Therefor
Meaning of Bar integration: official unification of the entire lawyer population
of the Philippines; requires membership and financial support of every
attorney
Bar: collectivity of all persons whose names appear in the Roll of Attorneys;
must include all lawyers
Bar integration signifies the setting up by the Government authority of a
national organization of the legal profession based on the recognition of the
lawyer as an officer of the court
Purposes of the Integrated Bar
1. Assist in administration of justice
2. Foster and maintain on the part of its members high ideals of integrity,
learning, professional competence, public service, and conduct
3. Safeguard the professional interests of its members
4. Cultivate among its members a spirit of cordiality and brotherhood
5. Provide a forum for the discussion of law, jurisprudence, law reform,
pleading, practice and procedure, and the relations of the Bar to the
Bench and to the public, and publish information relating thereto
6. Encourage and foster legal education

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Integration will make it possible for the legal profession to


1. Render more effective assistance in upholding the rule of law
2. Protect lawyers and litigants against the abuses of judges and
prosecuting officers
3. Discharge fully and properly its responsibility in disciplining/removal of
incompetent and unworthy judges and prosecuting officers
4. Shield the judiciary, which traditionally cannot defend itself within its
own forum, from the assaults that politics and self-interest may level at
it, and assist it to maintain its integrity, impartiality, and independence
5. Have an effective voice in the selection of judges and prosecuting
officers
6. Prevent unauthorized practice of law, and break up monopoly of local
practice maintained through influence or position
7. Establish welfare funds for families of disabled and deceased lawyers
8. Provide placement services and establish legal aid offices and set up
lawyer reference services throughout the country so that the poor may
not lack competent legal service
9. Distribute educational and informal materials that are difficult to obtain
in many of our provinces
10. Devise and maintain a program of continuing legal education
11. Enforce rigid ethical standards and promulgate minimum fees
schedules
12. Create law centers and law libraries for legal research
13. Conduct campaigns to educate the people on their legal rights and
obligations, on the importance of preventive legal advice, and on the
functions and duties of the Filipino lawyer
14. Generate and maintain pervasive and meaningful country-wide
involvement of the lawyer population in the solution of multifarious
problems that afflict the nation
The power to integrate is an inherent part of the Courts constitutional
authority over the Bar
RA 6397 is a mere legislative declaration

LEGAL PROFESSION
Judge Jose Lorenzo Dela Rosa

Constitutionality of Bar Integration


Courts have inherent power to supervise and regulate practice of law
Practice of law is not a right, but a privilege
o Must be regulated to assure compliance with lawyers public
responsibilities
can be best discharged through collective action but not will
exist without an organized body, which cannot operate without
incurring expenses, then it is fair to require all to contribute
Freedom of Association
o To compel a lawyer to be a member of the IBP is not violative of his
constitutional freedom to associate
o Integration does not make a lawyer a member of any group of
which he is not already a member; passing the Bar=membership
o Membership in the Unified Bar imposes only the duty to pay dues in
reasonable amount
o If it does compel, such compulsion is justified as an exercise of the
police power of the state
Regulatory Fee
o Membership fee is an exaction for regulation
o Purpose of tax is revenue
o Doctrine of implied powers necessarily includes the power to
impose such exaction
o Only limitation upon States power to regulate Bar is the regulation
does not impose an unconstitutional burden. Public interest
promoted far outweighs inconsequential inconvenience to member
that might result from his required payment of annual dues
Freedom of Speech
o Lawyer is free to voice his views on a subject in any manner he
wishes even though such views be opposed to positions taken in
the Unified Bar
o For the Bar to use members due to promote measures to which
said member is opposed, would not nullify or adversely affect his
freedom of speech

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Points to Remember
IBP, Javellana, Garrido, Edillon,Cayetano, Ulep
III. Javellana v. DILG
Certiorari on the right of a public official to engage in the practice of his
profession while employed in the government
DLG Memorandum Circular No. 80-38
In all cases, the practice of any profession should be favorably
recommended by the Sanggunian concerned as a body and by the
provincial governors, city or municipal mayors, as the case may be.
Section 90 of the Local Government Code which prohibits lawyers who are
members of a local legislative body to practice law
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
Sanggunian members may practice their profession, engage in any
occupation, or teach in schools except during session hours; provided
that those who are also members of the Bar SHALL NOT:
o Appear as counsel
In a civil case where an LGU or any
office/agency/instrumentality of government is the adverse
party
In a criminal case wherein an officer or employee of national or
local government is accused of an offense committed in
relation to his office
o Collect any fee for appearance in administrative proceeding
involving the LGU of which he is an official
o Use property or personnel of the government except when
Sanggunian member concerned is defending the interest of the
government

LEGAL PROFESSION
Judge Jose Lorenzo Dela Rosa
IV. Garrido v. Garrido
Administrative case for disbarment of Atty. Garrido and Atty. Valencia for
gross immorality, both disbarred
Laws dealing with double jeopardy or with procedure (e.g. verification of
pleadings and prejudicial questions, prescription of offenses or filing of
affidavits of desistance by complainant) do not apply in the determination of
a lawyers qualifications and fitness for membership in the Bar
Admission to practice law is a component of administration of justice and
is a matter of public interest because it involves service to the public
Lack of qualifications/violations of standards to practice law, like criminal
cases, is a matter of public concern that the State may inquire into
through the Court
In Zagguirre v. Castillo: good moral character is both a condition precedent
and a continuing requirement to be admitted into the Bar and to retain
membership
Immoral conduct involves acts that are willful, flagrant, or shameless, and
that show moral indifference to the opinion of the upright and respectable
members of the community
Gross, when it is so corrupt as to constitute a criminal act, or so
unprincipled as to be reprehensible to a high degree, or when
committed under such scandalous or revolting circumstances as to
shock the communitys sense of decency
o Supreme penalty of disbarment
Lawyers are bound to maintain not only a high standard of legal proficiency,
but also of morality
Requirement of moral character has four general purposes
1. To protect the public
2. To protect the public image of lawyers
3. To protect prospective clients
4. To protect errant lawyers from themselves

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Points to Remember
IBP, Javellana, Garrido, Edillon,Cayetano, Ulep
V.

In re Atty. Marcial A. Edillon


Resolution, re membership dues delinquency, objection to pay, disbarred
Court Rules (Rule of Court 139-A)
Sec. 10. Effect of non-payment of dues default in non-payment for six
months shall warrant suspension of membership in the Bar, and for one
year shall be a ground for the removal of the name from the Roll of
Attorneys
o Authority of Court to issue the order
Sec. 1. Organization official national body: Integrated Bar of the
Philippines, composed of those with names included or may appear in
the Roll of Attorneys of the Supreme Court
o All-inclusive scope of membership
Sec. 9. Membership dues every member shall pay annual dues as the
Board of Governors shall determine with approval of the Supreme Court
o Obligation to pay membership dues
In Administrative Case No. 526, In the Matter of the Petition for the
Integration of the Bar of the Philippines, Roman Ozaeta, et al.
Integration is perfectly constitutional and legally unobjectionable
Integrated Bar: State-organized Bar, every lawyer must belong
Lawyers are subject to all rules prescribed, payment of annual fee,
adherence to a code of professional ethics or professional responsibility
(breach = reason for investigation by the Bar, and if there is a proper
cause, a recommendation for discipline or disbarment)
Integration of the Bar: process by which every member is given opportunity
to do share of carrying out objectives of the Bar as well as to bear his
portion of its responsibilities
US Suprem Court through Justice Roberts: the expression affected with
public interest is equivalent to subject to the exercise of police power
RA 6397
To raise standards of legal profession
Improve administration of justice
Enable Bar to discharge its public responsibility more effectively
Salus populi est supreme lex
The public welfare is the supreme law
Most compelling argument sustaining constitutionality and validity of Bar
integration is the grant of precise power to SC by Sec. 5 of Art. 10 of 1973
Constitution

LEGAL PROFESSION
Judge Jose Lorenzo Dela Rosa

Points to Remember
IBP, Javellana, Garrido, Edillon,Cayetano, Ulep

II.

And also Sec. 1 of RA 6397: within 2 years from approval of this Act, SC
may adopt rules of Court to effect integration of the Philippine Bar
SC has plenary power in all cases re admission to and supervision of the
practice of law
To compel a lawyer to be a member of the IBP is not violative of his
constitutional freedom to associate
Integration does not make a lawyer a member of any group of which he is not
already a member
Only compulsion to which a lawyer is subjected is the payment of annual dues
Imposed as regulatory measure, to raise funds for carrying the
objectives and purposes of integration

Cayetano v. Monsod
Qualifications of Comelec chairman, definition of practice of law
1987 Constitution: there shall be a Commission on Elections, composed of a
Chairman and 6 commisioners and a majority, including the chairman,
shall be members of the Bar engaged in the practice of law for at least ten
(10) years
practice of law
Blacks Law Dictionary: not limited to appearing in court, or advising or
assisting in the conduct of litigation, but embraces the preparation of
pleadings, ad other papers, the preparation of legal instruments, giving
legal advices
Person in the practice of law: one who, in a representative capacity,
engages in the business of advising clients as to their rights under law,
or while so engaged performs any act or acts either in court or outside
of court for that purpose
Philippine Lawyers Association v. Agrava: see in Black (above), [added]
where the work done involves the determination by the trained legal
mind of the legal effects of facts and conditions
Any activity, in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience

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To engage in the practice of law is to perform those acts which are


characteristic of the profession; generally, to practice law is to give
notice or render any kind of servie, which requires the use in any
degree of legal knowledge and skill
Personal right limited to persons who have qualified themselves under
the law
Private practice: an individual or private organization engaged in the
business of delivering legal services
Sole practitioners: lawyers who practice alone; firms: groups of lawyers
Corporate lawyer: lawyer who handles the legal affairs of a corporation
Bruce Wassertein: A bad lawyer is one who fails to spot problems, a good
lawyer is one who perceives the difficulties, and the excellent lawyer is one
who surmounts them.
Skills to apply by corporate counsel
System Dynamics
Decision Analysis
Modeling for Negotiation Management
Organization and Management of legal function, 3 areas of consideration
Preventive lawyering
Managerial jurisprudence
Organization and functioning of the corporate counsels office
o

SC shall have the power to promulgate rules concerning pleading,


practice, procedure in all courts, and admission to practice of law and
the integration of the Bar

III. Bar Matter No. 553: Ulep v. The Legal Clinic


petition to order respondent to stop issuing ads re unlawful practice of law;
giving legal information; legal services
Advertisements: The Legal Clinic; secret marriage, Php 560 for valid
marriage, info on divorce, absence, annulment; Guam Divorce, Don
Parkinson, Guam attorney, free ebooks
Positions:
Integrated Bar of the Philippines
o Declares opposition to respondents establishment of legal clinic
and advertising its services
o Even if respondent denies that it offers legal services, ads give the
impression that respondent is offering legal services
o Rule 1.02 a lawyer shall not counsel or abet activities aimed at
defiance of law or lessening confidence in the legal system

LEGAL PROFESSION
Judge Jose Lorenzo Dela Rosa

Points to Remember
IBP, Javellana, Garrido, Edillon,Cayetano, Ulep

Bench and Bar should not allow illegal practice of law for their
protection and also of the public.
Philippine Bar Association
o Respondents acts of holding out itself to public under trade name
The Legal Clinic, Inc. and soliciting employment for its
enumerated services fall within the realm of practice which thus
yields itself to regulatory powers of SC
o Atty Don Parkinson
o To say that it handles paralegal work is such credulity
o practice of law
not limited to conduct of cases in court, but also drawing of
deeds, incorporation, rendering opinions, and advising clients
as to their legal right and then take them to an attorney and
ask the latter to look after their case in court
Personal right limited to persons who have qualified
themselves under the law
Philippine Lawyers Association
o The Legal Clinic is engaged in practice of law
o Such practice is unauthorized
o Ads are not only unethical but also misleading and immoral
o SC has power to suppress and punish The Legal Clinic and its
officers for unauthorized practice of law and for its unethical,
misleading and immoral advertising
o

U.P. Women Lawyers Circle


o Paramount consideration should be given to the protection of the
general public from the danger of being exploited by unqualified
persons or entities who may be engaged in the practice of law
o Paralegals do not exist in the Philippines (in US, they are trained
professionals
o Lawyers are prohibited under the Code of Professional
Responsibility from advertising
In the instant case, it appears that legal services are being
advertised not by lawyers but by an entity staffed by
paralegals

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Women Lawyers Association of the Philippines


o Annexes are clearly advertisements to solicit cases for the purpose
of gain which are illegal and against the Code of Professional
Conduct
o Ads are against good morals and is deceitful because it falsely
represents to public to be able to do that which by our laws cannot
be done and by our Code of Morals should not be done
Federacion Internacional de Abogadas
o The fact that business of respondent involves knowledge of the law
does not make him guilty of unlawful practice of the law
o In determining whether a man is practicing law, we should consider
his work for any particular client as a whole
o Incidental legal advice/information defendant may give, does not
transform his activities into practice of law
o Person engaged in a lawful calling (which may involve knowledge of
law) is NOT ENGAGED IN PRACTICE OF LAW PROVIDED THAT
Legal question is subordinate and incidental to a major nonlegal problem
Services performed are not customarily reserved to members
of the bar
No separate fee is charged for the legal advice or information
o Rule 15.08 a lawyer who is engaged in another profession or
occupation concurrently with the practice of law shall make clear to
his client whether he is acting as a lawyer or in another capacity
o Legal Clinics paralegals may apply law to particular problem of
client and give legal advice which gives rise to unauthorized
practice of law
Practice of law
Legal support services: giving ready information by trained paralegals to
laymen and lawyers which are strictly non-diagnostic, non-advisory, through
the extensive use of computers and modern information technology, such as
computerized legal research, encoding and reproduction of documents and
pleadings , document search, evidence gathering, locating parties of a case,
fact-finding, etc.
Establishment employs paralegals who perform services that are
exclusive functions of lawyers engaged in the practice of law

LEGAL PROFESSION
Judge Jose Lorenzo Dela Rosa

Points to Remember
IBP, Javellana, Garrido, Edillon,Cayetano, Ulep
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 bachelors 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.

Law is a profession, not a trade


Best advertising for a lawyer is a well-merited reputation for professional
capacity and fidelity to trust, earned as outcome of character and
conduct
o Not all types of advertising or solicitation are prohibited
Allowed: publication in a reputable law list, in a manner
consistent with standards of conduct imposed by canons, of
brief biographical and informative data; use of an ordinary
simple professional card
To allow publication of such ads like that of the respondents would only
aggravate the already deteriorating public opinion of the legal
profession
IN SUM: It is a misbehavior on the part of the lawyer, subject to disciplinary
action, to advertise his services except in allowable circumstances or to aid a
layman in the unauthorized practice of law
Respondent is reprimanded, with warning that repetition will be dealt with
more severely
Restrained and enjoined from issuing such advertisements and from
conducting activity/operation/transaction prohibited by law

IV. Rules of Court

Rule 138: Attorneys and Admission to the Bar


Section 1. 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.
Section 2. Requirements for all applicants for admission to the bar. Every applicant for admission as a member of the bar must be a citizen
of the Philippines, at least twenty-one years of age, of good moral
character, and a resident of the Philippines; and 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.
Section 6. Pre-Law. - No applicant for admission to the bar
examination shall be admitted unless he presents a certificate that he
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Section 17. Admission and oath of successful applicants. - An


applicant who has passed the required examination, or has been
otherwise found to be entitled to admission to the bar, shall take and
subscribe before the Supreme Court the corresponding oath of office.
Section 18. Certificate. - The Supreme Court shall thereupon admit
the applicant as a member of the bar for all the courts of the
Philippines, and shall direct an order to be entered to that effect upon
its records, and that a certificate of such record be given to him by the
clerk of court, which certificate shall be his authority to practice.
Section 19. Attorneys roll. The clerk of the Supreme Court shall
keep a roll of all attorneys admitted to practice, which roll shall be
signed by the person admitted when he receives his certificate.
V.

Lawyers Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support its Constitution and obey laws as well as the legal
orders of the duly constituted authorities therein;
I will do no falsehood, nor consent to the doing of any in court,
I will not wittingly nor willingly promote or sue any groundless, false, or
unlawful suit, or give aid or consent to the same;
I will delay no man for money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion with all good fidelity as
well to the courts as to my clients;
And I impose upon myself these voluntary obligations without any mental
reservation or purpose of evasion. So help me God.