PAFLU VS BINALBAGAN ISABELA SUGAR COMPANY
72-ULP-Iloilo show that the charge was
FACTS:
May a non-lawyer recover attorney's fees for legal services
rendered?
o This is the issue presented in this petition for review
granting respondent Quintin Muning a non-lawyer,
attorney's fees for professional services in the said case
The above-named petitioners were complainants in "PAFLU et al.
vs. Binalbagan Isabela Sugar Co., et al."
After trial, the Court of Industrial Relations rendered a decision
o Ordering the reinstatement with backwages of
complainants Enrique Entila and Victorino Tenazas.
o Decision became final
October 1963: Cipriano Cid & Associates, counsel of record for the
winning complainants, filed a notice of attorney's lien equivalent
to 30% of the total backwages
November 1963: Atty. Atanacio Pacis also filed a similar notice for
a reasonable amount
December 1963: Complainants Entila and Tenazas, filed a
manifestation indicating their non-objection to an award of
attorney's fees for 25% of their backwages,
On the same day, Quentin Muning filed a "Petition for the
Award of Services Rendered" equivalent to 20% of the
backwages.
o Opposed by Cipriano Cid & Associates on the ground
that he is not a lawyer.
The records of Case No.
filed by Cipriano Cid & Associates through Atty. Atanacio Pacis
o All the hearings were held in Bacolod City and
appearances made in behalf of the complainants were at
first by Attorney Pacis
o And subsequently by respondent Quintin Muning
May 1964: CIR awarded 25% of the backwages as compensation
for professional services rendered
Attys. Cipriano Cid & Associates 10%
Quintin Muning 10%
Atty. Atanacio Pacis 5%
Award of 10% to Quintin Muning who is not a lawyer according
to the order SOUGHT TO BE VOIDED
Muning: Motion to Dismiss on the ground of late filing
OVERRULED
MR: Court admitted and considered the MR for all purposes as
respondent's answer to the petitioner for review
ISSUE: W/N a non-lawyer may recover attorneys fees
HELD:
Amalgamated Laborers' Association, et al. vs. CI: an agreement
providing for the division of attorney's fees, whereby a non-lawyer
union president is allowed to share in said fees with lawyers, is
condemned by Canon 34 of Legal Ethics and is immoral
and cannot be justified
 o An award by a court of attorney's fees is no less
immoral in the absence of a contract, as in the
present case.
The provision in Section 5(b) of Republic Act No. 875 that
o In the proceeding before the Court or Hearing Examiner
thereof, the parties shall not be required to be represented
by legal counsel
Is no justification for a ruling, that the person representing
the party-litigant in the Court of Industrial Relations, even
if he is not a lawyer, is entitled to attorney's fees
The same section adds that
o it shall be the duty and obligation of the Court or
Hearing Officer to examine and cross examine
witnesses on behalf of the parties and to assist in
the orderly presentation of evidence.
Thus making it clear that the representation should be exclusively
entrusted to duly qualified members of the bar
The permission for a non-member of the bar to represent in the
said court on behalf of a party-litigant does not by itself entitle the
representative to compensation for such representation.
For Section 24, Rule 138, of the Rules of Court, providing
o Sec. 24. Compensation of attorney's agreement as
to fees. An attorney shall be entitled to have and
recover from his client no more than a reasonable
compensation for his services, ...
Imports the existence of an attorney-client relationship as a
condition to the recovery of attorney's fees.
Such a relationship cannot exist unless the client's representative
in court be a lawyer
Since respondent Muning is not one, he cannot establish
an attorney-client relationship with Enrique Entila and
Victorino Tenezas or with PAFLU,
o He cannot, therefore, recover attorney's fees
Public policy demands that legal work in representation of
parties litigant should be entrusted only to those
possessing tested qualifications and who are sworn, to
observe the rules and the ethics of the profession, as well
as being subject to judicial disciplinary control for the
protection of courts, clients and the public
On the present issue, the rule in American jurisdictions is
persuasive. There, it is stated:
o But in practically all jurisdictions statutes have now been
enacted prohibiting persons not licensed or admitted to
the bar from practising law, and under statutes of this
kind, the great weight of authority is to the effect that
compensation for legal services cannot be recovered by
one who has not been admitted to practice before the
court or in the jurisdiction the services were rendered. 5
o No one is entitled to recover compensation for services as
an attorney at law unless he has been duly admitted to
practice ... and is an attorney in good standing at the
time. 6
The reasons are that:
o The ethics of the legal profession should not be
violated
o That acting as an attorney with authority
constitutes contempt of court, which is punishable
by fine or imprisonment or both
 o The law will not assist a person to reap the fruits or But since this matter was not brought in issue before the court a
benefit of an act or an act done in violation of law quo, it may not be taken up in the present case

o That if were to be allowed to non-lawyers, it would Petitioners, however, may file proper action against the persons
leave the public in hopeless confusion as to whom alleged to be illegally engaged in the practice of law.
to consult in case of necessity and also leave the
bar in a chaotic condition, aside from the fact that
non-lawyers are not amenable to disciplinary
measures

ISSUE: W/N a union may appeal an award of attorney's fees which are
deductible from the backpay of some of its members - YES

We hold that a union or legitimate labor organization may appeal

an award of attorney's fees which are deductible from the backpay
of its members because such union or labor organization is
permitted to institute an action in the industrial court, on behalf of
its members; and the union was organized "for the promotion of
the emloyees' moral, social and economic well-being";

If an award is disadvantageous to its members, the union may

prosecute an appeal as an aggrieved party, under Section 6,
Republic Act 875, which provides:

Sec. 6. Unfair Labor Practice cases Appeals.

Any person aggrieved by any order of the Court
may appeal to the Supreme Court of the
Philippines ...,

Petitioners allege that respondent Muning is engaged in the

habitual practice of law before the Court of Industrial Relations,
and many of them like him who are not licensed to practice,
registering their appearances as "representatives" and appearing
daily before the said court.

If true, this is a serious situation demanding corrective action that

respondent court should actively pursue and enforce by positive
action to that purpose.
ZETA VS. MALINAO
FACTS:
Administrative complaint against Felicisimo Malinao court
interpreter of the CFI of Catbalogan, Samar charging as follows:
l ILLEGALLY APPEARING IN COURT.
o MR. Malinao has been appearing in the municipal court of
this town for parties like attorney when he is not an
attorney
o Reliable information also says he has been appearing in
the municipal courts of Daram, Zumarraga, Talalora and
even Sta. Rits.
o He makes it his means of livelihood as he collects fees
from his clients
o He competes with attorneys but does not pay anything
2 GRAVE MISCONDUCT IN OFFICE.
o Being employed in the Court of First Instance he would
instigate persons, especially in his barrio to grab land rob
or coerce
o In fact he has cases in the municipal court in this town
involving himself and his men
o He incite them telling them not to be afraid as he is a
court employee and has influence over the judges
3 CRIME OF FALSIFICATION.
o Information has it that he is unfaithfully filing his time
record in the CFI.
o Even if he has been out practicing in the municipal courts
sometimes he would fill his time record as present
o He receives salary for those absent days.
4 VIOLATION OF EXECUTIVE ORDER AND CIVIL SERVICE
LAW.-
o It is prohibited for a civil service employee to engage in
private practice any profession or business without
permission from the Department Head
o Mr. Malinao we are sure has not secured that permission
because he should not be allowed to practice as he is not
an attorney
o again the evidence shows that respondent had
been appearing as counsel in the municipal courts
of Sta. Rita, Daram and Zumarraga in violation of
the rules of the Civil Service Law." (Pp. 28-31,
Record.).
o Court finds the conclusions of fact of the Investigator to be amply
supported by the evidence, particularly the documents consisting
of public records and the declarations of the judges before whom
respondent had appeared
o Respondent, apart from appearing as counsel in various municipal
courts without prior permission of his superiors in violation of civil
service rules and regulations, falsified his time record of
service by making it appear therein that he was present in
his office on occasions when in fact he was in the
municipal courts appearing as counsel, without being a
member of the bar, which, furthermore, constitutes illegal
practice of law.
o The defense of respondent that "his participation (sic) for
defendants' cause was gratuitous as they could not
engage the services of counsel by reason of poverty and
the absence of one in the locality"
o In appearing as counsel in court, he did so without permission
from his superiors and, worse, he falsified his time record of
service to conceal his absence from his office on the dates in
question
o In the number of times that respondent acted as counsel under
the above circumstances would indicate that he was doing it as a
regular practice obviously for considerations other than pure love
of justice.
o In the premises, it is quite obvious that the offense committed by
respondent is grave,
o Warrants a more drastic sanction than that of reprimand
recommended by Judge Zosa.
No alternative than to separate him from the service, with the
admonition that he desist from appearing in any court or
investigative body wherein only members of the bar are allowed
to practice
MALINAO DISMISSED
o
CARONAN VS. CARONAN a law school in Nueva Vizcaya.

FACTS: 2004: respondent passed the Bar Examinations and used

complainant's name and college records from the University of
Complainant and respondent are siblings born to Porferio R.
Makati to enroll at St. Mary's University's College of Law in
Caronan, Jr. and Norma A. Caronan
Bayombong, Nueva Vizcaya and take the Bar Examinations.
o Respondent is the older of the two
2006: complainant was able to confirm respondent's use of his
o Both of them completed their secondary education at the name and identity when he saw the name "Patrick A. Caronan" on
the Certificate of Admission to the Bar displayed at the latter's
Makati High School
office in Taguig City
o Upon his graduation, complainant enrolled at the
o Complainant did not confront respondent about it since he
University of Makati where he obtained a degree in
was pre-occupied with his job and had a family to support
Business Administration in 1997

May 2009: Complainant was ordered to report to the head office of

o He started working thereafter as a Sales Associate for
PSC in Mandaluyong City where, upon arrival, he was informed
Philippine Seven Corporation (PSC), the operator of 7-11
that the (NBI) was requesting his presence at its office in Taft
Convenience Stores.
Avenue, Manila, in relation to an investigation involving
o In 2001, he married Myrna G. Tagpis with whom he has respondent who, at that point, was using the name "Atty. Patrick
A. Caronan.
two (2) daughters

o Complainant appeared before the Anti-Fraud and

o Through the years, complainant rose from the ranks until,
Computer Crimes Division of the NBI where he was
in 2009, he was promoted as a Store Manager of the 7-11
interviewed and asked to identify documents including:
Store in Muntinlupa

(1) his and respondent's high school records;

Meanwhile, upon graduating from high school, respondent
enrolled at the Pamantasan ng Lungsod ng Maynila (PLM), where
(2) his transcript of records from the University of
he stayed for one (1) year before transferring to the Philippine
Makati;
Military Academy (PMA) in 1992.

(3) Land Transportation Office's records showing

o In 1993, he was discharged from the PMA and focused on
his and respondent's driver's licenses;
helping their father in the family's car rental business. In
1997
(4) records from St. Mary's University showing that
o He moved to Nueva Vizcaya with his wife, Rosana, and complainant's transcript of records from the
University of Makati and his Birth Certificate were
their three (3) children
submitted to St. Mary's University's College of
o Since then, respondent never went back to school to earn Law;
a college degree
(5) Alumni Book of St. Mary's University showing
respondent's photograph under the name "Patrick
1999: respondent told complainant that the former had enrolled in
 A. Caronan."
The reason why complainant was invited by the NBI was because
of respondent's involvement in a case for qualified theft
and estafa filed by Mr. Joseph G. Agtarap, who was one of the
principal sponsors at respondent's wedding
July 2013: PSC received a letter from Quasha Ancheta Pea &
Nolasco Law Offices requesting that they be furnished with
complainant's contact details or, in the alternative, schedule a
meeting with him to discuss certain matters concerning
respondent
A fellow church-member had also told him that respondent who,
using the name "Atty. Patrick A. Caronan," almost victimized his
(church-member's) relatives.
Complainant also received a phone call from a certain Mrs. Loyda
L. Reyes (who narrated how respondent tricked her into believing
that he was authorized to sell a parcel of land in Taguig City when
in fact, he was not.
Complainant also learned that respondent was arrested for gun-
running activities, illegal possession of explosives, and violation of
BP 22
Complainant became the subject of conversations among his
colleagues, which eventually forced him to resign from his job at
PSC
Complainant filed the present Complaint-Affidavit to stop
respondent's alleged use of the former's name and identity, and
illegal practice of law
Respondent denied all the allegations against him and invoked res
judicata as a defense
o He maintained that his identity can no longer be raised as
an issue as it had already been resolved in CBD Case No.
09-2362 where the IBP Board of Governors dismissed the
administrative case filed by Agtarap against him
o Complainant is being used by Reyes and her spouse,
Brigadier General Joselito M. Reyes, to humiliate, disgrace,
malign, discredit, and harass him because he filed several
administrative and criminal complaints against them
before the Ombudsman
IBP-CBD conducted the scheduled mandatory conference where
both parties failed to appear
o Respondent moved to reset the same
o Both parties again failed to appear
o IBP ordered them to submit position papers
o Neither of the parties submitted any
The IBP's Report and Recommendation
o Respondent guilty of illegally and falsely assuming
complainant's name, identity, and academic records.
o Observed that respondent failed to controvert all the
allegations against him and did not present any proof to
prove his identity.
o Complainant presented clear and overwhelming evidence
that he is the real "Patrick A. Caronan.
o Noted that respondent admitted that he and complainant
are siblings when he disclosed upon his arrest on August
31, 2012 that: (a) his parents are Porferio Ramos Caronan
and Norma Atillo; and (b) he is married to Rosana Halili-
Caronan
o However, based on the Marriage Certificate issued by the
National Statistics Office (NSO), "Patrick A. Caronan" is
married to a certain "Myrna G. Tagpis," not to Rosana
Halili-Caronan
Since respondent falsely assumed the name, identity, and
academic records of complainant and the real "Patrick A. Caronan"
 neither obtained the bachelor of laws degree nor took the Bar
Exams
o Investigating Commissioner recommended that the
name "Patrick A. Caronan" with Roll of Attorneys
No. 49069 be dropped and stricken off the Roll of
Attorneys.
o Also recommended that respondent and the name
"Richard A. Caronan" be barred from being admitted
as a member of the Bar; and finally, for making a
mockery of the judicial institution, the IBP was
directed to institute appropriate actions against
respondent.
ISSUE: W/N the IBP erred in its ruling that Patrick Caronan be stricken off
the Roll of Attorneys and the name Richard Caronan be barred from being
admitted to the bar
HELD:
Court: findings of the IBP indubitably confirm that
respondent falsely used complainant's name, identity, and
school records to gain admission to the Bar. IBP correctly
recommended that the name "Patrick A.Caronan" be
stricken off the Roll of Attorneys.
o IBP also correct in ordering that respondent, whose real
name is "Richard A. Caronan," be barred from admission
to the Bar
o Under Section 6, Rule 138 of the Rules of Court, no
applicant for admission to the Bar Examination shall be
admitted unless he had pursued and satisfactorily
completed a pre-law course
o Respondent never completed his college degree
not completed pre law requisite
In In the Matter of the Disqualification of Bar Examinee Haron S.
Meling in the 2002 Bar Examinations and for Disciplinary Action as
Member of the Philippine Shari'a Bar, Atty. Froilan R. Melendrez,
Court explained the essence of good moral character:
o Good 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
o Moral character is not a subjective term but one which
corresponds to objective reality
o The standard of personal and professional integrity is not
satisfied by such conduct as it merely enables a person to
escape the penalty of criminal law.
o Good moral character includes at least common
honesty.
Respondent exhibited his dishonesty and utter lack of moral
fitness to be a member of the Bar when he assumed the name,
identity, and school records of his own brother and dragged the
latter into controversies which eventually caused him to fear for
his safety and to resign from PSC where he had been working for
years
Good moral character is essential in those who would be
lawyers
o This is imperative in the nature of the office of a lawyer,
the trust relation which exists between him and his client,
as well as between him and the court
Finally, respondent made a mockery of the legal profession by
pretending to have the necessary qualifications to be a lawyer
He also tarnished the image of lawyers with his alleged
unscrupulous activities, which resulted in the filing of several
criminal cases against him.
Certainly, respondent and his acts do not have a place in the legal
profession where one of the primary duties of its members is to
uphold its integrity and dignity
 IBP Recommendation affirmed
SPS. BRUNET V. GUAREN
FACTS:
Complainant spouses Stephan and Virginia Brunet (complainants)
filed a complaint against respondent Atty. Ronald L. Guaren (Atty.
Guaren) before the Commission on Bar Discipline (CED), IBP
o Alleged that they engaged the services of Atty. Guaren for
the titling of a residential lot they acquired in Bonbon,
Nueva Caseres;
o Atty. Guaren asked for a fee of 10K including expenses
relative to its proceeding
o It was agreed that full payment of the fee shall be made
after the delivery of the title
o That Atty. Guaren asked for an advance fee of 1K, which
they gave;
o Atty. Guaren took all the pertinent documents relative to
the titling of their lot
o That Atty. Guaren asked for additional payment of 6K
which they gave;
o That from 1997 to 2001, they always reminded Atty.
Guaren about the case and each time he would say that
the titling was in progress;
o That they became bothered by the slow progress of the
case so they demanded the return of the money they paid
o That respondent agreed to return the same provided that
the amount of Five Thousand Pesos (P5,000.00) be
deducted to answer for his professional fees.
o That despite the existence of an attorney-client
relationship between them, Atty. Guaren made a special
appearance against them in a case pending before the
MCTC Oslob, Cebu
Atty. Guaren admitted that he indeed charged complainants 10K
acceptance fee
o Denied that the amount was inclusive of expenses for the
titling of the lot
o He claimed that he received the payment of P1,000.00
and P6,000.00
o That their agreement was that the case would be filed in
court after the complainants fully paid his acceptance fee
o That he did not take the documents relative to the titling
of the lot except for the photocopy of the tax declaration
o That he did not commit betrayal of trust and confidence
when he participated in a case filed against the
complainants in MCTC explaining that his appearance was
for and in behalf of Atty. Ervin Estandante, the counsel on
record, who failed to appear in the said hearing.
Report and Recommendation of the Investigating Commissioner
o Found Atty. Guaren to have violated the Canon of
Professional Responsibility when he accepted the titling of
complainants lot and despite the acceptance of P7,000.00
o He failed to perform his obligation and allowed 5 long
years to elapse without any progress in the titling of the
lot
o Atty. Guaren should also be disciplined for appearing in a
case against complainants without a written consent from
the latter. The CBD recommended that he be suspended
for six (6) months.
IBP Board of Governors, adopted and approved with modification
the Report and Recommendation of the CBD, suspending Atty.
Guaren from the practice of law for 3 months
ISSUE: W/N Atty. Guaren should be suspended from the practice of law
The Court adopts the findings of the IBP Board of Governors on the
unethical conduct of Atty. Guaren, except as to the penalty.
The practice of law is not a business
It is a profession in which duty to public service, not money, is the
primary consideration. Lawyering is not primarily meant to be a
money-making venture, and law advocacy is not a capital that
necessarily yields profits. The gaining of a livelihood should be a
secondary consideration. The duty to public service and to the
administration of justice should be the primary consideration of
lawyers, who must subordinate their personal interests or what
they owe to themselves
Canons 17 and 18 of the Code of Professional
Responsibility provides that:CANON 17 - A lawyer owes
fidelity to the cause of his client and he shall be mindful of
the trust and confidence reposed in him. CANON 18 - A
lawyer shall serve his client with competence and
diligence.
Atty. Guaren admitted that he accepted the amount of P7,000.00
as partial payment of his acceptance fee
o He, however, failed to perform his obligation to file the
case for the titling of complainants' lot despite the lapse of
5 years. Atty. Guaren breached his duty to serve his client
with competence and diligence when he neglected a legal
matter entrusted to him
ATTY. GUAREN GUILTY SUSPENDED 6 MONTHS
AGUIRRE VS. RANA
FACTS:
Respondent Edwin L. Rana was among those who passed the 2000
Bar Examinations.
1 day before the scheduled mass oath-taking of successful bar
examinees complainant Donna Marie filed against respondent
a Petition for Denial of Admission to the Bar
o Complainant charged respondent with unauthorized
practice of law, grave misconduct, violation of law,
and grave misrepresentation.
The Court allowed respondent to take his oath as a member of the
Bar
o However, the Court ruled that respondent could not sign
the Roll of Attorneys pending the resolution of the charge
against him
Complainant charges respondent for unauthorized practice of law
and grave misconduct.
o Alleges that respondent, while not yet a lawyer,
appeared as counsel for a candidate in the May
2001 elections before the Municipal Board of
Election Canvassers of Mandaon, Masbate.
Complainant further alleges that respondent filed with the
MBEC a pleading dated 19 May 2001 entitled Formal
Objection to the Inclusion in the Canvassing of Votes in
Some Precincts for the Office of Vice-Mayor. In this
pleading, respondent represented himself as
"counsel for and in behalf of Vice Mayoralty
Candidate, George Bunan," and signed the pleading
as counsel for George Bunan
Complainant claims that respondent is a municipal government
employee
o Being a secretary of the Sangguniang Bayan of Mandaon,
Masbate
o Respondent is not allowed by law to act as counsel for a
client in any court or administrative body.
On the charge of grave misconduct and misrepresentation
 o Complainant accuses respondent of acting as counsel for
vice mayoralty candidate George Bunan ("Bunan") without
the latter engaging respondent's services
o Complainant claims that respondent filed the pleading as
a ploy to prevent the proclamation of the winning vice
mayoralty candidate.
In his Comment, respondent claims that:
o Bunan sought his "specific assistance" to represent him
before the MBEC
OBC's Report and Recommendation
o That "he decided to assist and advice Bunan, not as a
lawyer but as a person who knows the law
o Admits signing the 19 May 2001 pleading that objected to
the inclusion of certain votes in the canvassing
o He explains, however, that he did not sign the pleading as
a lawyer or represented himself as an "attorney" in the
pleading
On his employment as secretary of the Sangguniang Bayan
o Respondent claims that he submitted his resignation on
11 May 2001 which was allegedly accepted on the same
date
o That the complaint is politically motivated considering that
complainant is the daughter of Silvestre Aguirre, the losing
candidate for mayor of Mandaon, Masbate.
On 22 June 2001, complainant filed her Reply
o Alleged that on 19 May 2001 Emily Estipona-Hao filed a
petition for proclamation as the winning candidate for
mayor
ISSUE: W/N Rana should be denied admission to the bar --YES
o Respondent signed as counsel for Estipona-Hao in this
petition
o When respondent appeared as counsel before the MBEC,
complainant questioned his appearance on two grounds:
(1) respondent had not taken his oath as a lawyer; and (2)
he was an employee of the government.
Respondent filed a Reply reiterating his claim that the instant
administrative case is "motivated mainly by political
vendetta."
On 17 July 2001, the Court referred the case to the Office of the
Bar Confidant ("OBC") for evaluation, report and recommendation.
The OBC found that respondent indeed appeared before the MBEC
as counsel for Bunan in the May 2001 elections
That respondent appeared in the MBEC proceedings even before
he took the lawyer's oath on 22 May 2001
The OBC believes that respondent's misconduct casts a serious
doubt on his moral fitness to be a member of the Bar.
The OBC also believes that respondent's unauthorized practice of
law is a ground to deny his admission to the practice of law.
The OBC therefore recommends that respondent be denied
admission to the Philippine Bar
On the other charges, OBC stated that complainant failed to
cite a law which respondent allegedly violated when he
appeared as counsel for Bunan while he was a government
employee.
o Respondent resigned as secretary and his resignation was
accepted. Likewise, respondent was authorized by Bunan
to represent him before the MBEC.
HELD: o The practice of law is a privilege that can be withheld
even from one who has passed the bar examinations, if
Respondent engaged in the practice of law without being a the person seeking admission had practiced law without a
member of the Philippine Bar. license

In Philippine Lawyers Association v. Agrava: The fact that respondent passed the bar examinations is
immaterial. Passing the bar is not the only qualification to become
o The practice of law is not limited to the conduct of cases an attorney-at-law
or litigation in court; it embraces the preparation of pleadings
and other papers incident to actions and special proceedings, the o Respondent should know that two essential requisites for
management of such actions and proceedings on behalf of
clients before judges and courts, and in addition, conveyancing. becoming a lawyer still had to be performed
In general, all advice to clients, and all action taken for them in
matters connected with the law, incorporation services, His lawyer's oath to be administered by this Court
assessment and condemnation services contemplating an and his signature in the Roll of Attorneys
appearance before a judicial body, the foreclosure of a
mortgage, enforcement of a creditor's claim in bankruptcy and
insolvency proceedings, and conducting proceedings in
On the charge of violation of law
attachment, and in matters of estate and guardianship have
been held to constitute law practice, as do the preparation and o Respondent tendered his resignation as secretary of the
drafting of legal instruments, where the work done involves the Sangguniang Bayan prior to the acts complained of as
determination by the trained legal mind of the legal effect of
constituting unauthorized practice of law
facts and conditions
o Vice-Mayor Relox accepted respondent's resignation
In Cayetano v. Monsod: "practice of law" means any activity,
effective 11 May 2001.
in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience. Thus, the evidence does not support the charge that respondent
o To engage in the practice of law is to perform acts which acted as counsel for a client while serving as secretary of the
are usually performed by members of the legal profession Sangguniang Bayan.

o Generally, to practice law is to render any kind of service
which requires the use of legal knowledge or skill.
Evidence clearly supports the charge of unauthorized practice of
law. Respondent called himself "counsel" knowing fully well that
he was not a member of the Bar.
On the charge of grave misconduct and misrepresentation,
evidence shows that Bunan indeed authorized respondent to
represent him as his counsel before the MBEC and similar bodies.
While there was no misrepresentation, respondent nonetheless
had no authority to practice law.

Having held himself out as "counsel" knowing that he had ||| (

no authority to practice law, respondent has shown moral
unfitness to be a member of the Philippine Bar.

The right to practice law is not a natural or constitutional right but

is a privilege

o It is limited to persons of good moral character with

special qualifications duly ascertained and certified.

o A bar candidate does not acquire the right to

practice law simply by passing the bar
examinations.