PROBLEM AREAS IN LEGAL ETHICS PROSEC.

MACABABBAD

PROBLEM AREA NO.1: Practice of Law

WHAT IS PRACTICE OF LAW?

The Court ruled that the term practice of law implies customarily or habitually holding oneself
to the public as a lawyer for compensation as a source of livelihood or in consideration of his
services. The Court further ruled that holding ones self out as a lawyer may be shown by acts
indicative of that purpose, such as identifying oneself as attorney, appearing in court in
representation of a client, or associating oneself as a partner of a law office for the general
practice of law.
Any activity, in and out of court, that requires the application of law, legal procedure, knowledge,
training and experience. Moreover, we ruled that to engage in the practice of law is to perform
those acts which are characteristics of the profession; to practice law is to give notice or render
any kind of service, which device or service requires the use in any degree of legal knowledge or
skill.
It is not limited to the conduct of cases or litigation in court; it embraces the preparation of
pleadings and other papers incident to actions and special proceedings, the management of such
actions and proceedings on behalf of clients before judges ad courts, and in addition,
conveyancing.
In general, all advice to clients, and all action taken for them in matters connected with the law.

WHO MAY PRACTICE LAW

Section 1, Rule 138 of the Rules of Court provides:

Any person heretofore duly admitted as a member of the bar, or thereafter admitted as such in
accordance with the provisions of this Rule, and who is in good and regular standing, is entitled
to practice law.

PASSING THE BAR EXAM IS NOT ENOUGH

A bar candidate does not acquire the right to practice law simply by passing the bar
examinations. The practice of law is a privilege that can be withheld even from one who
has passed the bar examination, if the person seeking admission had practiced law
without a license.
True, respondent here passed the 2000 Bar Examinations and took the lawyers oath.
However, it is the signing in the Roll of Attorneys that finally makes one a full-fledged
lawyer. The fact that respondent passed the bar examinations is immaterial. Passing the
bar is not the only qualification to become an attorney-at-law. Respondent should know
that two essential requisites for becoming a lawyer still had to be performed, namely: his
lawyers oath to be administered by this Court and his signature in the Roll of Attorneys.
(Aguirre vs. Rana)

SIGNING OF THE LAWYERS OATH IS NOT EQUIVALENT TO TAKING THE OATH

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Respondent Abad shoul know that the circumstances which he has narrated do not constitute his
admission to the Philippine Bar and the right to practice law thereafter. He should know the two essential
requisites for becoming a lawyer still had to be performed, namely: his lawyers oath to be administered
by this Court and his signature in the Roll of Attorneys. (Rule 138, Sec. 17, 19, Rules of Court) (Re: Elmo
Abad)

WHETHER OR NOT A LAWYER IS ENTITLED TO EXEMPTION FROM PAYMENT OF HIS IBP DUES DURING
THE TIME THAT HE WAS INACTIVE IN THE PRACTICE OF LAW

Thus, payment of dues is a necessary consequence of membership in the IBP, of which no one is
exempt. This means that the compulsory nature of payment of dues subsists for as long as ones
membership in the IBP remains regardless of the lack of practice of, or the type of practice, the
member is engaged in.
There is nothing in the law or rules which allow exemption from payment of membership dues.
At most, as correctly observed by the IBP, he could have informed the Secretary of the Integrated
Bar of his intention to stay abroad before he left. In such case, his membership in the IBP could
have been terminated and his obligation to pay dues could have been discontinued. (Letter of
Atty. Cecilio Y. Arevalo Jr.)

IS IBP MEMBERSHIP FEE A FORM OF TAX?

For the court to prescribe dues to be paid by the members does not mean that the court is attempting to
levy a tax.

A membership fee in the Bar association is an exaction for regulation, while tax purpose of a tax
is a revenue. If the judiciary has inherent power to regulate the Bar, it follows that as an incident
to regulation, it may impose a membership fee for that purpose. It would not be possible to put
on an integrated Bar program without means to defray the expenses. The doctrine of implied
powers necessarily carries with it the power to impose such exaction. . (Letter of Atty. Cecilio Y.
Arevalo Jr.)

EXAMPLES OF UNAUTHORIZED PRACTICE OF LAW

In the cases where we found a party liable for the unauthorized practice of law, the party was guilty of
some overt act like:

1. Signing court pleadings on behalf of his client;

2. Appearing before court hearings as an attorney;
3. Manifesting before the court that he will practice law despite being previously denied admission
to the bar; or
4. Deliberately attempting to practice law and
5. Holding out himself as an attorney through circulars with full knowledge that he is not licensed to
do so.

PRE-LAW REQUIREMENTS

Rule 138 Sec. 6. Pre-Law No applicant for admission to the bar examination shall be admitted unless he
presents a certificate that he has satisfied the Secretary of Education that before he began the study of

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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.

VIOLATION OF RULE 138 SECTION 6

By utilizing the school records of his cousin and name-sake, Juan Publico when, in actual fact, petitioner
had not completed Grade VI of his elementary schooling, much less, First and Second Year HS.

For all the foregoing, we find and so hold that respondent falsified his school records, by making
it appear that he had finished or completed Grade 6 elementary and 1st and 2nd Year high school,
when in truth and in fact he had not, thereby violating the provisions of Sec. 5 and 6, Rule 127 of
the Rules of Court, which require completion by a bar examinee or candidate of the prescribed
courses in elementary, high, pre-law and law school, prior to his admission to the practice of law.
(In re: Juan Publico, Petition for Reinstatement in the Roll of Attorneys)

IS BREACH OF PROMISE TO MARRY GROSS IMMORALITY?

Respondent was prevented from taking the lawyers oath in 1971 because of the charges of gross
immorality made by the complainant. To recapitulate, respondent bore an illegitimate child with his
sweetheart, Patricia Figueroa, who also claims that he did not fulfill his promise to marry here after he
passes the bar examinations.

We find that these facts do not constitute gross immorality warranting the permanent exclusion
of respondent from the legal profession. His engaging in premarital sexual relations with
complainant and promises to marry suggests a doubtful moral character on his part but the same
does not constitute grossly immoral conduct. The Court has held that to justify suspension or
disbarment the act complained of must not only be immoral, but grossly immoral. (Figueroa vs.
Barranco, Jr.)

GROSSLY IMMORAL ACT is one that is so corrupt and false as to constitute a criminal act or so
unprincipled or disgraceful as to be reprehensible to a high degree. It is a willful, flagrant or shameless act
which shows a moral indifference to the opinion of respectable members of the community.

GOOD MORAL CHARACTER VS. REHABILITATION

When an applicant for admission to the bar has committed first-degree murder, a crime that
demonstrates an extreme lack of good moral character, he must make an extraordinary showing
of present good moral character to establish that he or she is qualified to be admitted to the
practice of law.
To show rehabilitation, one must show that he has accepted responsibility for his criminal
conduct.
Rehabilitation is a necessary, but not sufficient, ingredient of good moral character of bar
applicant who had been convicted of a serious felony; applicant must establish his current good
moral character, independent of and in addition to, evidence of rehabilitation. (In re: James
Joseph Hamm)

REHABILITATION IS NOT ENOUGH

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Even assuming that one has established rehabilitation, showing rehabilitation from criminal
conduct does not, in itself, establish good moral character.
Rehabilitation is a necessary, but not sufficient, ingredient of good moral character. An application
must establish his current good moral character, independent of and in addition to, evidence of
rehabilitation.
Even assuming that he has established rehabilitation, showing rehabilitation from criminal
conduct does not, in itself, establish good moral character. (In re: James Joseph Hamm)

WHAT IS AN UPRIGHT CHARACTER?

UPRIGHT CHARACTER is something more than an absence of bad character. It means that he (an
applicant for admission) must have conducted himself as a man of upright character ordinarily would,
should, or does. Such character expresses itself not in negatives nor in following the line of least
resistance, but quite often in the will to do the unpleasant thing if it is right, and the resolve not to do the
pleasant thing if it is wrong. (In re: James Joseph Hamm)

PAST AND PRESENT MORAL CHARACTER

We also agreed with Hamm that, under the Rule applicable to Hamms application, our concern must be
with the applicants present moral character. In Greenberg, we explained that it is moral character as of
now with which we are concerned. Past misconduct, however, is not irrelevant. Rather, this Court must
determine what past bad acts reveal about an applicants current character. (In re: James Joseph Hamm)

EFFECT OF PRIOR CRIMINAL CONVICTION

Although a prior conviction is not conclusive of a lack of present good moral character, it adds to his
burden of establishing present good character by requiring convincing proof of his full and complete
rehabilitation.

IS POVERTY OF LITIGANT A JUSTIFICATION TO ENGAGE IN ILLEGAL PRACTICE OF LAW?

The defense of respondent that his participation 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 cannot, even
if true, carry the day for him. (Zeta vs. Malinao)

EFFECT OF CRIMINAL CONVICTION

Although a prior conviction is not conclusive of a lack of present good moral character, it adds to his
burden of establishing present good character by requiring convincing proof of his full and complete
rehabilitation. (In re: James Joseph Hamm)

WHAT IS THE EFFECT OF NON-PAYMENT OF IBP DUES?

Rule 139-A, Section 10 which provides that default in the payment of annual dues for six months shall
warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall
be a ground for the removal of the name of the delinquent member from the Roll of Attorneys. (Santos,
Jr. V. Atty. Llamas)

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MISREPRESENTING TO THE PUBLIC AND THE COURTS THAT HE HAD PAID HIS IBP DUES

By indicating IBP Rizal 259060 in his pleadings and thereby misrepresenting to the public and
the courts that he had paid his IBP dues to the Rizal Chapter, respondent is guilty of violating the
Code of Professional Responsibility which provides:
o RULE 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
o CANON 7 A lawyer shall at all times uphold the integrity and dignity of the legal
profession, and support the activities of the Integrated Bar.
o CANON 10 A lawyer owes candor, fairness and good faith to the court.
o RULE 10.01 A lawyer shall not do any falsehood, nor consent to the doing of any court;
nor shall he mislead or allow the court to be misled by any artifice. (Santos, Jr. V. Atty.
Llamas)

IS A SENIOR CITIZEN LAWYER EXEMPTED FROM PAYMENT OF ITR ALSO EXEMPTED FROM PAYMENT
OF IBP DUES?

While it is true that RA 7432 grants senior citizens exemption from the payment of individual income
taxes: provided, that their annual taxable income does not exceed the poverty level as determined by
NEDA for that year, the exemption does not include payment of membership or association dues.
(Santos, Jr. V. Atty. Llamas)

INTENT IS NECESSARY TO BE GUILTY OF UNAUTHORIZED PRACTICE OF LAW

In several cases, we have ruled that the unauthorized practice of law by assuming to be an attorney and
acting as such without authority constitutes indirect contempt which is punishable by fine or
imprisonment or both. The liability for the unauthorized practice of law under Section 3(e), Rule 71 of the
Rules of Court is in the nature of criminal contempt and the acts are punished because they are an affront
to the dignity and authority of the court, and obstruct the orderly administration of justice. In determining
liability for criminal contempt, well-settled is the rule that intent is a necessary element, and no one can
be punished unless the evidence makes it clear that he intended to commit it. (Normatan & Pagayokan
vs. Balajadia)

DOES GIVING UP PHILIPPINE CITIZENSHIP AUTOMATICALLY RESULT INTO LOST OF MEMBERSHIP IN THE
PHILIPPINE BAR?

The Constitution provides that the practice of all professions in the Philippines shall be limited to Filipino
citizens save in cases prescribed by law. Since Filipino citizenship is a requirement for admission to the
bar, loss thereof terminates membership in the Philippine Bar and, consequently, the privilege to engage
in the practice of law. In other words, the loss of Filipino citizenship ipso jure terminates the privilege to
practice law in the Philippines. The practice of law is a privilege denied to foreigners. (Petition for leave to
resume practice of law, Dacanay)

EFFECT OF REACQUISITION OF FILIPINO CITIZENSHIP

A Filipino lawyer who becomes a citizen of another country and later re-acquires his Philippine citizenship
under RA 9225, remains to be a member of the Philippine Bar. (Petition to reacquire the privilege to
practice law in the Philippines, Muneses, B.M. 2112)

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REQUIREMENT BEFORE ONE CAN RESUME PRACTICE OF LAW AFTER REACQUIRING FILIPINO
CITIZENSHIP

Before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can resume his law practice, he
must first secure from this Court the authority to do so, conditioned on:

a. The updating and payment in full of the annual membership dues in the IBP;
b. The payment of professional tax;
c. The completion of at least 36 credit hours of mandatory continuing legal education; this is
especially significant to refresh the applicant/petitioners knowledge of Philippine laws and
update him of legal developments and
d. The retaking of the lawyers oath which will not only remind him of his duties and responsibilities
as a lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the
Republic of the Philippines.

WHAT IS THE PURPOSE FOR REQUIRING THE RETAKING OF LAWYERS OATH?

The retaking of the lawyers oath which will not only remind him of his duties and responsibilities as a
lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the Republic of
the Philippines.

CITIZENSHIP REQUIREMENT IN ORDER TO PRACTICE LAW IN THE PHILIPPINES

Constitution Article 12, Section 14: The practice of all professions in the Philippines shall be limited to
Filipino Citizens, save in cases prescribed by law.

REQUIREMENT FOR ALL APPLICANTS FOR ADMISSION TO THE BAR

Section 2, Rule 138 (Attorneys and Admission to Bar) of the Rules of Court:

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 21 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.

CONTINUING REQUIREMENTS TO PRACTICE LAW

The second requisite for the practice of law membership in good standing is a continuing requirement.
This means continued membership dues in the IBP; payment of the annual professional tax; compliance
with the mandatory continuing legal education requirement; faithful observance of the rules and ethics
of the legal profession and being continually subject to judicial disciplinary control. (Petition for leave to
resume practice of law, Dacanay)

PHASES OF ADMISSION TO THE BAR

Moreover, admission to the bar involves various phases such as furnishing satisfactory proof of
educational, moral and other qualifications; passing the bar examinations; taking the lawyers oath and
signing the roll of attorneys and receiving from the clerk of court of this Court a certificate of the license
to practice.

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CAN A SUCCESSFUL EXAMINEE TAKE HIS OATH BEFORE ANY PERSON ALLOWED BY LAW TO ADMINISTER
AN OATH?

RULE 138 SEC.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.
Inasmuch as the oath as lawyer is a prerequisite to the practice of law and may be taken only,
before the Supreme Court, by those authorized by the latter to engage in such practice. (PP v. De
Luna, et. al.)

DUTIES OF ATTORNEYS

Rule 138, Section 20. Duties of attorneys. It is the duty of an attorney:

(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey
the laws of the Philippines.
(b) To observe and maintain the respect due to the courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable under the law.
(d) To employ, for the purpose of maintaining the causes confided to him, such means only as are
consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an
artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his
client, and to accept no compensation in connection with his client's business except from him or
with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;
(g) Not to encourage either the commencement or the continuance of an action or proceeding, or
delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to present every defense that the law permits, to
the end that no person may be deprived of life or liberty, but by due process of law.

WHAT IS A LAWYERS PROOF OF AUTHORITY TO PRACTICE LAW?

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.

FAILURE TO SIGN IN THE ROLL OF ATTORNEYS

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Petitioner did not sigh in the Roll of Attorneys for 32 years. What he had signed at the entrance
of the PICC was probably just an attendance record.
As Medado is not yet a full-fledged lawyer, we cannot suspend him from the practice of law.
However, we see it fit to impose upon him a penalty akin to suspension by allowing him to sign in
the Roll of Attorneys one (1) year after receipt of this Resolution. For his transgression of the
prohibition against the unauthorized practice of law, we likewise see it fit to fine him in the
amount of P 32,000. (Petition to sign in the Roll of Attorneys, Medado, B.M. No. 2540)

CERTIFICATE OF MEMBERSHIP AND CERTIFICATE OF MEMBERSHIP IN GOOD STANDING IN IBP

Certificate of Membership in the Integrated Bar of the Philippines as well as a Certificate of Membership
in Good Standing with QC Chapter of the IBP do not constitute his admission to the Philippine Bar and the
right to practice law thereafter. (Re: Elmo Abad)

REQUIREMENTS AFTER FLUNKING THE BAR 3 TIMES

Sec. 16. Failing candidates to take review course. Candidates who have failed the bar
examinations for three times shall be disqualified from taking another examination unless they
show to the satisfaction of the court that they have enrolled in and passed regular fourth year
review classes as well as attended a pre-bar review course in a recognized law school.
The professors of the individual review subjects attended by the candidates under this rule shall
certify under oath that the candidates have regularly attended classes and passed the subjects
under the same conditions as ordinary students.

AUTHORITY TO APPEAR IN BEHALF OF A CLIENT

Section 21. Authority of attorney to appear. an attorney is presumed to be properly authorized

to represent any cause in which he appears, and no written power of attorney is required to
authorize him to appear in court for his client, but the presiding judge may, on motion of either
party and on reasonable grounds therefor being shown, require any attorney who assumes the
right to appear in a case to produce or prove the authority under which he appears, and to
disclose, whenever pertinent to any issue, the name of the person who employed him, and may
thereupon make such order as justice requires. An attorneys wilfully appear in court for a person
without being employed, unless by leave of the court, may be punished for contempt as an officer
of the court who has misbehaved in his official transactions.

A COUNSELOR IS NOT AN ATTORNEY

The title of attorney is reserved to those who, having obtained the necessary degree in the
study of law and successfully taken the Bar Examinations, have been admitted to the IBP and
remain members thereof in good standing, and it is they only who are authorized to practice law
in this jurisdiction.
His disinclination to use the title of counselor does not warrant his use of the title of attorney.
(Alawi vs. Alauya)

PROHIBITED ACTS OF AN EXAMINEE

RULE 138, SEC. 12 - Committee of examiners. Examinations shall be conducted by a committee

of bar examiners to be appointed by the Supreme Court. This committee shall be composed of a

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Justice of the Supreme Court, who shall act as chairman, and who shall be designated by the court
to serve for one year, and eight members of the bar of the Philippines, who shall hold office for a
period of one year. The names of the members of this committee shall be published in each
volume of the official reports.
RULE 138, SEC. 13 - Disciplinary measures. No candidate shall endeavor to influence any
member of the committee, and during examination the candidates shall not communicate with
each other nor shall they give or receive any assistance. The candidate who violates this
provisions, or any other provision of this rule, shall be barred from the examination, and the same
to count as a failure against him, and further disciplinary action, including permanent
disqualification, may be taken in the discretion of the court.

REQUIREMENTS AFTER FLUNKING THE BAR 3 TIMES

ENROLLMENT AND COMPLETION OF PRE-BAR REVIEW COURSE is an additional requirement

under Rule 138 of the Rules of Court for those who failed the bar examinations for 3 or more
times (In re: Purisima)

CAN AN INDEFINITE SUSPENSION FROM THE PRACTICE OF LAW PROHIBIT HIM FROM FILING A CITIZEN
OR TAXPAYER SUIT?

Petitioner Alan F. Paguia, as citizen and taxpayer, filed this original action for the writ of certiorari
to invalidate President Gloria Macapagal-Arroyos nomination of respondent former Chief of
Justice Hilario G. Davide, Jr. as Permanent Representative to the UN for violation of Section 23 of
RA No. 7157, the Philippine Foreign Service Act of 1991
In their separate Comments, respondent Davide, the Office of the President, and the Secretary of
Foreign Affairs raise threshold issues against the petition. First, they question petitioners
standing to bring the suit because of his indefinite suspension from practice of law.
An incapacity to bring legal actions peculiar to petitioner also obtains. Petitioners suspension
from the practice of law bars him from performing any activity, in or out of court, which requires
the application of law, legal procedure, knowledge, training and experience. Certainly, preparing
a petition raising carefully crafted arguments on equal protection grounds and employing highly
legalistic rules of statutory construction to parse Section 23 of RA 7157 falls within the prescribed
conduct. (Paguia vs. Office of the President)

PROBLEM AREA NO.2: Law Student Practice Rule

RULE 138-A

LAW STUDENT PRACTICE RULE

Section 1: Conditions for Student Practice - A law student who has successfully completed 3rd year of the
regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court, may appear without compensation in any civil,
criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law school.

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Section 2: Appearance. - The appearance of the law student authorized by this rule, shall be under the
direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the
law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed
by the supervising attorney for and in behalf of the legal clinic.

The phrase direct supervision and control requires no less than the physical presence of the
supervising attorney.

Section 3: Privileged communications. - The Rules safeguarding privileged communications between

attorney and client shall apply to similar communications made to or received by the law student, acting
for the legal clinic.

Section 4: Standards of conduct and supervision. - The law student shall comply with the standards of
professional conduct governing members of the Bar. Failure of an attorney to provide adequate
supervision of student practice may be a ground for disciplinary action.

Rule 138 (RRC) Section 34 - By whom litigation conducted. In the court of a justice of the peace a party
may conduct his litigation in person, with the aid of an agent or friend appointed by him for the purpose,
or with the aid an attorney.

In any other court, a party may conduct his litigation personally or by aid of an attorney and his
appearance must be either personal or by a duly authorized member of the bar.

RECONCILING THE 2 RULES

There is really no problem as to the application of Section 34 of Rule 138 and Rule 138-A. In the former,
the appearance of a non-lawyer, as an agent or a friend of a party litigant, is expressly allowed, while the
latter rule provides for conditions when a law student, not as an agent or a friend of a party litigant, may
appear before the courts. (Cruz vs. Mina)

THE PHRASE IN THE COURT OF A JUSTICE OF THE PEACE MEANS:

The phrase in Bar Matter No. 730 is subsequently changed to In the court of a municipality as it now
appears in Section 34 of Rule 138, thus:

By whom litigation conducted. In the court of a justice of the peace a party may conduct his
litigation in person, with the aid of an agent or friend appointed by him for the purpose, or with
the aid an attorney. In any other court, a party may conduct his litigation personally or by aid of
an attorney, and his appearance must be either personal or by a duly authorized member of the
bar.

BAR MATTER NO. 730

JUNE 13, 1997

For the guidance of the bench at bar, we hold that a law student appearing before the RTC under
Rule 138-A should at all times be accompanied by a supervising lawyer.

LAW STUDENT CAN APPEAR WITHOUT SUPERVISION OF A LAWYER

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The rule, however, is different if the law student appears before an inferior court, where the issues
and procedure are relatively simple. In inferior courts, a law student may appear in his personal
capacity without the supervision of a lawyer.
Thus, a law student may appear before an inferior court as an agent or friend of a party without
the supervision of a member of the bar.

CAUTION WHEN ONE ACT AS HIS OWN ATTORNEY

This provision means that in a litigation, parties may personally do everything during its progress
from its commencement to its termination. When they, however, act as their own attorneys, they
are restricted to the same rules of evidence and procedure as those qualified to practice law;
otherwise, ignorance would be unjustifiably rewarded. Individuals have long been permitted to
manage, prosecute and defend their own actions; and when they do so, they are not considered
to be in the practice of law. One does not practice law by acting for himself any more than he
practices medicine by rendering first aid to himself. (Maderada vs. Judge Mediodea)

UNAUTHORIZED PRACTICE OF LAW

CANON 9 A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

Rule 9.01 A lawyer shall not delegate to any unqualified person the performance of any task which by
law may only be performed by a member of the bar in good standing.

THREEFOLD RATIONALE BEHIND THE LAW STUDENT PRACTICE RULE

1. To ensure that there will be no miscarriage of justice as result of incompetence or inexperience

of law students, who, not having as yet passed the test of professional competence, are
presumably not fully equipped to act a counsels on their own;
2. To provide a mechanism by which the accredited law school clinic may be able to protect itself
from any potential vicarious liability arising from some culpable action by their law students; and
3. To ensure consistency with the fundamental principle that no person is allowed to practice a
particular profession without possessing the qualifications, particularly a license as required by
law.

PRESIDING JUDGE HAS NO DISCRETION

The matter of allowing a law student to appear before the court accompanied by a supervising lawyer
cannot be left to the discretion of the presiding judge. The rule clearly states that the appearance of the
law student shall be under the direct control and supervision of a member of the IBP duly accredited by
law schools. The rule must be strictly construed because public policy demands that legal work should be
entrusted only to those who possess tested qualifications, are sworn to observe the rules and ethics of
the legal profession and subject to judicial disciplinary control. (Bar Matter No. 730)

APPEARANCE OF A LAW STUENT IN INFERIOR COURTS DOES NOT REQUIRE SUPERVISION OF LAWYER

For relatively simple litigation before municipal courts, the Rules still allow a more educated or
capable person in behalf of a litigant who cannot get a lawyer. (Bulacan vs. Torcino)

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The rule, however, is different if the law student appears before an inferior court, where the issues
and procedure are relatively simply. In inferior courts, a law student may appear in his personal
capacity without the supervision of a lawyer.
A law student may appear before an inferior court as an agent or friend of a party without the
supervision of a member of the bar.
Under the facts of this case, however, the applicable provision is Section 34, Rule 138 of the Rules
of Court which states:

By whom litigation conducted. In the court of a justice of the peace a party may conduct
his litigation in person, with the aid of an agent or friend appointed by him for the
purpose, or with the aid an attorney. In any other court, a party may conduct his litigation
personally or by aid of an attorney, and his appearance must be either personal or by a
duly authorized member of the bar.

SUPERVISING LAWYER SHOULD BE THE ONE TO SIGN THE PLEADINGS

Rule 7 (RRC) Section 3. Signature and address Every pleading must be signed by the party or
counsel representing him, stating in either case his address which should not be a post office box.

SIGNING AMOUNTS TO CERTIFICATION OF LAWYER

Rule 7 (RRC) Section 3. The signature of counsel constitutes a certificate by him that he has read the
pleading; that ti the best of his knowledge, information, and belief there is good ground to support it; and
that it is not interposed for delay.

EFFECT OF UNSIGNED PLEADING

Produces no legal effect.

Counsel who deliberately files an unsigned pleading shall be subject to appropriate disciplinary
action.

CAN A THIRD YEAR LAW STUDENT APPEAR AS PRIVATE PROSECUTOR IN A CRIMINAL CASE AND WITHIN
THE JURISDICTION OF THE INFERIOR COURT?

The petitioner, describing himself as a third year law student, justifies his appearance as private
prosecutor on the bases of Section 34 of RULE 138 of the Rules of Court
The petitioner furthermore avers that his appearance was with the prior conformity of the public
prosecutor and a written authority of Mariano Cruz appointing him to be his agent in the
prosecution of the said criminal case.
The MeTC denied permission for petitioner to appear as private prosecutor on the ground that
Circular No. 19 (1997) governing limited law student practice in conjunction with Rule 138-A of
the Rules of Court (Law Practice Rule) should take precedence over the ruling of the Court laid
down in Cantimbuhan (1983).

FISCALS ROLE WHEN THERE IS A PRIVATE PROSECUTOR

The permission of the fiscal is not necessary for one to enter his appearance as private prosecutor.
In the first place, the law does not impose this condition. What the fiscal can do if he wants to
handle the case personally is to disallow the private prosecutors participation, whether he be a

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lawyer or not, in the trial of the case. On the other hand, if the fiscal desires the active
participation of the private prosecutor, with its approval, will conduct the prosecution of the case
under his supervision and control. (Cantimbuhan vs. Hon. Cruz, Jr.)

CODE OF PROFESSIONAL RESPONSIBILITY

CANON 2: A lawyer shall make his legal services available in an efficient and convenient manner
compatible with the independence, integrity and effectiveness of the profession.

Rule 2.01 A lawyer shall not reject, except for valid reason, the cause of the defenseless or the
oppressed.
Rule 2.02 In such cases, even if the lawyer does not accept a case, he shall not refuse to render
legal advice to the person concerned if only to the extent necessary to safeguard the latters
rights.
Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily to solicit legal
business.

CANON 3: A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR,
DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.

Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal
services.
Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The
continued use of the name of a deceased partner is permissible provided that the firm indicates
in all its communications that said partner is deceased.
Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name
shall be dropped from the firm name unless the law allows him to practice law currently.
Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media
in anticipation of, or in return for, publicity to attract legal business.

RULE 138

Section 27. Attorneys removed or suspended by Supreme Court on what grounds. A member
of the bar may be removed or suspended from his office as attorney by the Supreme Court for
any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which
he is required to take before the admission to practice, or for a wilfull disobedience of any lawful
order of a superior court, or for corruptly or willful appearing as an attorney for a party to a case
without authority so to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.

RULE 2.03 SHOULD BE READ IN CONNECTION WITH RULE 1.03 OF THE CPR

Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal
business.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding
or delay any man's cause.

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This rule proscribes ambulance chasing (the solicitation of almost any kind of legal business by
an attorney, personally or through an agent in order to gain employment) as a measure to protect
the community from barratry and champerty. (Linsangan vs. Atty. Tolentino)

DO NOT PIRATE A CLIENT

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR
TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional
employment of another lawyer, however, it is the right of any lawyer, without fear or
favor, to give proper advice and assistance to those seeking relief against unfaithful or
neglectful counsel.

THE FOLLOWING ELEMENTS DISTINGUISH THE LEGAL PROFESSION FROM A BUSINESS:

1. A duty of public service, of which the emolument is a byproduct, and in which one may attain the
highest eminence without making much money;
2. A relation as an office of the court to the administration of justice involving through sincerity,
integrity and reliability.
3. A relation to clients in the highest degree of fiduciary;
4. A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort
to current business methods of advertising and encroachment on their practice, or dealing directly
with their clients.

GENERAL RULE: Lawyers are prohibited from soliciting cases for the purpose of gain, either personally or
through paid agents and brokers. Such actuation constitutes malpractice, a ground for disbarment.

SOLICITATION OR AMBULANCE CHASING

We need not labor the point that solicitation or ambulance chasing, so called, either
directly or indirectly through the services of runners or others, is conduct which is
reprehensible and inimicable to the traditions and best interest of the legal profession.
To permit such conduct to continue undeterred could only result in unsavory
competitions and consequences materially detrimental to the dignity and honor of the
legal profession as a whole.

AMBULANCE CHASING The solicitation of almost any kind of legal business by an attorney, personally or
through an agent in order to gain employment as a measure to protect the community from barratry and
champerty.

CHAMPERTOUS CONTRACT Champerty is an agreement between the party suing in a lawsuit and
another person, usually an attorney, who agrees to finance and carry the lawsuit in return for percentage
of the recovery.

In common law this was illegal on the theory that it encouraged lawsuits.

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CONTINGENT FEE IS VALID

Contingent fee contracts are permitted in this jurisdiction because they redound to the
benefit of the poor client and the lawyer especially cases where the client has meritorious
cause of action, but no means with which to pay for legal services unless he can, with the
sanction of law, make a contract for a contingent fee to be paid out of the proceeds of
litigation. Oftentimes, the contingent fee arrangement is the only means by which the poor
clients can have their rights vindicated and upheld.

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