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Requirements for admission to the bar and Bar Examinee Haron S.

Meling in the 2002 Bar


continuous practice of law Examinations, B.M. No. 1154, June 8, 2004
Problem Areas in Legal Ethics
Arellano University School of Law – Arellano Law  What is an “upright character”?
Foundation
2018-2019 “Upright character” is something more than an
absence of bad character. It means that he [an applicant
 Evaluating a person’s moral character is never for admission] must have conducted himself as a man
easy of upright character ordinarily would, should, or
does. Such character expresses itself not in negatives nor
A license to practice law is a privilege, and the decision to in following the line of least resistance, but quite often
grant such a license is not made as a matter of right or as in the will to do the unpleasant thing if it is right, and
a matter of grace. It is a challenging decision that requires the resolve not to do the pleasant thing if it is wrong.
a searching review by bar counsel, the Board, and this - In re: James Joseph Hamm 123 P.3d 652 [2005]
court wherever an applicant's prior conduct raises
concerns about his or her current character and fitness.  Honesty
The inquiry involved in evaluating a person's moral
character is easier said than done. -In the Matter of the “[H]onesty is considered to be a centerpiece of good moral
Bar Application of Tarra Denelle Simmons, No. 201,671-5, character.” – Drayton Beecher Smith II v. Board of
Supreme Court of the State of Washington, April 05, 2018 Professional Responsibility, No. W2017-00247-SC-R3-BP,
Supreme Court of Tennessee, November 8, 2017
 Applicant should be ready to present evidence
of good moral character  What is immoral conduct

When applicants seek admission to the bar, they have "Immoral conduct" has been defined as that conduct
placed their character at issue. Therefore, the which is so willful, flagrant, or shameless as to show
applicant bears the burden of producing information indifference to the opinion of good and respectable
proving good moral character. - Mitchell Simon , Nick members of the community. The same must be "grossly
Smith and Nicole Negowetti immoral, that is, it must be so corrupt and false as to
constitute a criminal act or so unprincipled as to be
 Good moral character and fitness to practice reprehensible to a high degree.“
law "There is perhaps no profession after that of the sacred
ministry in which a high-toned morality is more
Indeed, the requirement that those aspiring to become imperative than that of the law.“
lawyers must be of good moral character is universally - Oliver Fabugais v. Atty. Berardo C.
accepted. Although good moral character is an "unusually Faunclo, Jr., A.C. no. 10145, June 11, 2018
ambiguous" term which "can be defined in an almost
unlimited number of ways," good moral character has  Grossly immoral act
been the "historic unquestioned prerequisite of
fitness.“ - In the matter of the application of Donald G. A grossly immoral act is one that is so corrupt and false as
Matthews for admission to the bar of New Jersey, 462 A.2d to constitute a criminal act or so unprincipled or
165 (1983) disgraceful as to be reprehensible to a high degree. It is a
willful, flagrant, or shameless act which shows a moral
 Good moral character is more important than indifference to the opinion of respectable members of the
possession of legal learning community. - Figueroa v. Barranco, Jr. SBC Case No. 519
1997
The requirement of good moral character is of much
greater import, as far as the general public is concerned,  What is a crime involving moral turpitude
than the possession of legal learning. - Olga M.
Samson v. Judge Virgilio G. Caballero, A.M. No. RTJ-08- To consider a crime as one involving moral turpitude, the
2138 , August 5, 2009 act constituting the same must have been "done contrary
to justice, honesty, modesty, or good morals. [it must
 Good moral character versus Good reputation involve] an act of baseness, vileness, or depravity in the
private duties which a man owes his fellowmen, or to
Good moral character is what a person really is, as society in general, contrary to the accepted and
distinguished from good reputation or from the opinion customary rule of right and duty between man and
generally entertained of him, the estimate in which he is woman, or conduct contrary to justice, honesty,
held by the public in the place where he is known. Moral modesty, or good morals.- Re: Decision dated March 17,
character is not a subjective term but one which 2011 in criminal case no. SB-28361 entitled “People of the
corresponds to objective reality. The standard of personal Philippines v. Joselito C. Barrozo, A.C. No. 10207, July 21,
and professional integrity is not satisfied by such conduct 2015
as it merely enables a person to escape the penalty of
criminal law. Good moral character includes at least  Effect of prior criminal conviction
common honesty. - In the Matter of the Disqualification of

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“Although a prior conviction is not conclusive of a lack
of present good moral character, ... it adds to his When an applicant for admission to the bar has
burden of establishing present good character by committed first-degree murder, a crime that
requiring convincing proof of his full and complete demonstrates an extreme lack of good moral
rehabilitation.”- In re: James Joseph Hamm 123 P.3d 652 character, he must make an extraordinary showing of
[2005] present good moral character to establish that he or she is
qualified to be admitted to the practice of law xxx.
 An applicant convicted of a serious crime To show rehabilitation, [one] must show that he has
accepted responsibility for his criminal conduct.
In summary, when an applicant convicted of a serious Rehabilitation is a necessary, but not sufficient, ingredient
crime applies to practice law [] we conduct a conditional, of good moral character of bar applicant who had been
two-part inquiry. We first consider whether the convicted of a serious felony; applicant must establish his
applicant has satisfied the burden of proving complete current good moral character, independent of and in
rehabilitation from the character deficits that led to the addition to, evidence of rehabilitation. - In re: James
commission of the crime. If not, our inquiry ends and we Joseph Hamm 123 P.3d 652 [2005]
will deny the application. If the applicant proves
complete rehabilitation, we then decide whether the  Passage of time without incident is
applicant has otherwise demonstrated present good insufficient standing alone in re-application
moral character. - In the Matter of the Application of Lee
Keller KING, Applicant. Supreme Court of Arizona, En The mere passage of time without incident is insufficient
Banc. June 28, 2006. 136 P.3d 878 (2006) standing alone to evidence King's triumph over the
weakness that caused his misconduct. ("Merely showing
 Moral character and evidence of reform and that [an individual] is now living and doing those
rehabilitation things he . . . should have done throughout life, although
necessary to prove rehabilitation, is not sufficient to meet
A fundamental rule in bar admission cases is that the applicant's burden.") . - In the Matter of the
evidence of reform and rehabilitation is relevant to the Application of Lee Keller KING, Applicant. Supreme Court
assessment of an applicant's moral character. - In the of Arizona, En Banc. June 28, 2006. 136 P.3d 878 (2006)
matter of the application of Donald G. Matthews for
admission to the bar of New Jersey, 462 A.2d 165 (1983)  Past and Present moral character

 How to establish rehabilitation We also agree with Hamm that, under the Rule applicable
to Hamm's application, our concern must be with the
To establish rehabilitation, [an applicant] must show "that applicant's present moral character. In Greenberg, we
he has both: explained that "it is [the applicant's] moral character as of
(1) accepted responsibility for his past criminal now with which we are concerned."
conduct," and xxx Past misconduct, however, is not irrelevant.
"(2) identified and overcome the weakness that led to Rather, this Court must determine what past bad acts
the unlawful conduct.“ - In the Matter of the reveal about an applicant's current character. - In re:
Application of Alejandro LAZCANO, Applicant. James Joseph Hamm 123 P.3d 652 [2005]
Supreme Court of Arizona, En Banc. January 8, 2010.
 Rehabilitation must come after probation
 Types of evidence found to be probative of
reform and rehabilitation These courts reason that because probationers
typically behave well while on probation, admissions
-the applicant must display complete candor in all filings authorities cannot adequately evaluate rehabilitation
and proceedings required by the Committee on Character. until the applicant has successfully completed
-Courts will weigh heavily the applicant's attitude as probation; application before completion of a
expressed in hearings before the Board of Bar Examiners probationary term is deemed premature.
and any reviewing courts, and Most also require significant time to elapse following
will look for a renunciation of the past misconduct. the end of probation so that the applicant can
-The absence of any misconduct over a period of demonstrate sustained rehabilitation. ("It is not
intervening years will, of course, be noted, and enough that petitioner kept out of trouble while being
a particularly productive use of one's time subsequent watched on probation; he must affirmatively
to the misconduct will be credited. demonstrate over a prolonged period his sincere
-Affirmative recommendations from people aware of regret and rehabilitation.");
the applicant's misconduct who specifically consider the These requirements comport with Arizona's requirement
individual's fitness in light of that behavior may also be that an applicant with a felony conviction must show by
found probative of present good character. - In the matter clear and convincing evidence that he has been
of the application of Donald G. Matthews for admission to rehabilitated. - In the Matter of the Application of
the bar of New Jersey, 462 A.2d 165 (1983) Alejandro LAZCANO, Applicant. Supreme Court of
Arizona, En Banc. January 8, 2010.
 Rehabilitation not enough to establish good
moral character

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Today, though, we hold that an applicant currently on a for theft, possession of stolen property, and second
felony deferred adjudication who remains under court degree assault.
supervision may not be admitted to practice law until Simmons struggled with addiction for years, and her
the period of supervision has ended. Only after adult history includes a 2001 conviction for second
successfully fulfilling the conditions of a felony degree assault and five 2011 convictions for organized
deferred adjudication may an applicant make the retail theft, unlawful possession of a firearm, and
necessary showing of complete rehabilitation necessary possession of controlled substances. As a result of her
for admission to the State Bar. - In the Matter of the criminal convictions, Simmons' nursing license was
Application of Alejandro LAZCANO, Applicant. Supreme placed on probationary status, she served a total of
Court of Arizona, En Banc. January 8, 2010. over three years in jail and prison, and she underwent
two bankruptcies and a foreclosure on her home.
As we explained in Hamm, although an applicant's ………
conviction for a serious crime does not constitute a However, when Simmons was sent to prison in late 2011,
per se disqualification to practice law, it adds weight she began engaging in meaningful treatment for her
to the applicant's burden of proving present good trauma and addiction for the first time. Since then,
moral character. Specifically, because past serious she has changed her life to a degree that can only be
misconduct may indicate flaws in an applicant's present deemed remarkable, both in terms of the efforts she has
moral character, the applicant must initially put forth and the positive results she has achieved.
demonstrate complete rehabilitation before we Simmons has maintained her sobriety and conducted
consider other evidence of present good moral herself with complete openness and integrity over the past
character. - In the Matter of the Application of Lee Keller six years. She has been candid about her past,
KING, Applicant. Supreme Court of Arizona, En Banc. June demonstrating sincere remorse and working diligently
28, 2006. 136 P.3d 878 (2006) to make amends to her community as an outspoken
……… advocate for civil legal aid with a focus on assisting
formerly incarcerated individuals facing barriers to
In summary, when an applicant convicted of a serious reentry.
crime applies to practice law in Arizona, we conduct a ……
conditional, two-part inquiry. We first consider Simmons attended the Seattle University School of Law
whether the applicant has satisfied the burden of and became the first student in her school's history to be
proving complete rehabilitation from the character awarded a two-year public interest fellowship from the
deficits that led to the commission of the crime. If not, our Skadden Foundation. She graduated magna cum laude
inquiry ends and we will deny the application. If the as a dean's medal recipient in May 2017, and letters
applicant proves complete rehabilitation, we then from faculty and classmates further make it clear that
decide whether the applicant has otherwise Simmons was a substantial asset to the entire law school
demonstrated present good moral character. - In the community.
Matter of the Application of Lee Keller KING, Applicant.
Supreme Court of Arizona, En Banc. June 28, 2006. 136 P.3d Letters from her supervisors and colleagues also
878 (2006) unequivocally state that Simmons excelled and
…….. exhibited consistently ethical behavior in the five
legal internships she completed during law school, in
To prove complete rehabilitation, [applicant] must also addition to the volunteer and advocacy work that she
identify the weakness that caused him to engage in undertook for no course credit.
criminal misconduct and then demonstrate that he has ……..
overcome that weakness. Despite Simmons' about-face life choices, her extensive
criminal history and recent substance abuse
The mere passage of time without incident is insufficient nevertheless gave bar counsel reasonable grounds to refer
standing alone to evidence King's triumph over the the matter for further consideration.
weakness that caused his misconduct. ("Merely showing
that [an individual] is now living and doing those things
he . . . should have done throughout life, although ISSUE
necessary to prove rehabilitation, is not sufficient to meet
the applicant's burden.") . - In the Matter of the Has Simmons shown by clear and convincing evidence
Application of Lee Keller KING, Applicant. Supreme Court that she is currently of good moral character and
of Arizona, En Banc. June 28, 2006. 136 P.3d 878 (2006) possesses the requisite fitness to practice law
notwithstanding her previous criminal convictions?
 The Case of Tarra Denelle Simmons
The parties have debated the merits of a bright-line rule
Simmons was born to parents with substance abuse for determining sufficient rehabilitation or recovery (for
problems, and she grew up in poverty, surrounded by example, creating a rebuttable presumption after a certain
crime. She was the victim of many acts of sexual violence number of years without relapsing or engaging in any
during her childhood and adolescence, and endured misconduct). Although we seek to provide guidance in
sporadic periods of homelessness beginning when she ran this opinion, we decline to adopt a specific time period
away at age 13. As a juvenile, Simmons was adjudicated as evidence of complete rehabilitation for all
applicants because of the individualized inquiry of

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character and fitness, and the complexity of That court recognized alcoholism as a disease and
recovery. acknowledged its impact on the practice of law. It
concluded that the matter should be remanded to the
We hold that Simmons has shown by clear and State Board of Law Examiners for a decision on whether
convincing evidence that she is currently of good the applicant had rehabilitated himself. In doing so, the
moral character and she is fit to practice law, court commented on alcoholism:
Simmons has spent enough time in recovery, and she
accepts full responsibility for her prior conduct. She has ….….
consistently demonstrated remorse, self-awareness, It is not a mere pattern of voluntary conduct; neither is
fortitude, and an unwavering dedication to earning it an offense which necessarily involves moral
and maintaining the respect of the profession. turpitude or reflects on the individual's honesty, fairness,
or respect for the rights of others or for the law. It cannot
Her success during law school, both academically and in be denied, however, and the Board well knows, that the
supervised internships, amply demonstrates she is worthy disease of alcoholism is frequently a contributing
to sit for the bar. Indeed, given the substantial factor to acts of attorney misconduct. - In re
obstacles that she has overcome, her success is an Application for Admission to the Bar of Arkansas of Mark
even stronger indicator of her abilities than it would Ashley CROSSLEY. 839 S.W.2d 1 (1992) Supreme Court of
be for the average law student. Arkansas.

As noted by Dean Annette E. Clark of the Seattle ……


University School of Law, unlike Simmons, "[m]any of [W]e hold that since alcohol dependency can impact on
our law students have lived lives of privilege, and so an applicant's fitness to practice law, it is an appropriate
when we attest to their character and fitness to practice factor to be considered by the Board of Law Examiners
law, it is under circumstances where they have not been in ascertaining whether an applicant has proven good
tested in any meaningful sense by circumstances moral character sufficient to demonstrate his fitness and
such as poverty, substance abuse, and domestic capacity to practice law in this State. - In re Application for
violence.“ Admission to the Bar of Arkansas of Mark Ashley
……… CROSSLEY. 839 S.W.2d 1 (1992) Supreme Court of
Simmons, meanwhile, has overcome all of those Arkansas.
circumstances and more. Her remarkable achievements
would simply not be possible without her extraordinary  What is practice of law?
abilities and relentless hard work. We grant Simmons'
application to sit for the bar exam. The Court ruled that the term “practice of law” implies
customarily or habitually holding oneself out to the
CONCLUSION public as a lawyer for compensation as a source of
A license to practice law is a privilege, and the decision to livelihood or in consideration of his services. The Court
grant such a license is not made as a matter of right or as further ruled that holding one’s self out as a lawyer may
a matter of grace. It is a challenging decision that requires be shown by acts indicative of that purpose, such as
a searching review by bar counsel, the Board, and this identifying oneself as attorney, appearing in court in
court wherever an applicant's prior conduct raises representation of a client, or associating oneself as a
concerns about his or her current character and fitness. partner of a law office for the general practice of law. -
The inquiry involved in evaluating a person's moral Atty. Noe-Lacsaman v. Atty. Busmente, A.C. No. 7269
character is easier said than done. [2011]
…….
Simmons has proved by clear and convincing evidence  What is practice of law?
that she is currently of good moral character and fit to
practice law. We affirm this court's long history of Any activity, in and out of court, that requires the
recognizing that one's past does not dictate one's application of law, legal procedure, knowledge, training
future. We therefore unanimously grant her application and experience. Moreover, we ruled that to engage in the
to sit for the bar exam. - In the Matter of the Bar practice of law is to perform those acts which are
Application of Tarra Denelle Simmons, No. 201,671-5, characteristics of the profession; to practice law is to
Supreme Court of the State of Washington, April 05, 2018 give notice or render any kind of service, which
device or service requires the use in any degree of
 Chemical dependency/Alcoholism legal knowledge or skill. - Query of Atty. Silverio-Buffe,
A.M. No. 08-6-352-RTC [2009]
There is no doubt, however, that chemical dependency
is a factor to be weighed in assessing fitness to  What is practice of law?
practice law. The Supreme Court of Minnesota has
specifically addressed the question of "whether chemical The practice of law is not limited to the conduct of
dependency on alcohol is rationally related to fitness for cases or litigation in court; it embraces the
the practice of law such that it can form the basis for preparation of pleadings and other papers incident to
preventing an otherwise qualified applicant from gaining actions and special proceedings, the management of
admission to the bar.“ such actions and proceedings on behalf of clients before
judges and courts, and in addition, conveyancing.

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In general, all advice to clients, and all action taken for namely: his lawyer's oath to be administered by this
them in matters connected with the law xxx. - Aguirre v. Court and his signature in the Roll of Attorneys. (Rule
Rana, B. M. No. 1036. June 10, 2003 138, Secs. 17 and 19, Rules of Court.) - Re: Elmo Abad, A. M.
No. 139 [1983]
Within the context of legal ethics is homicide a crime
 Practice of law is a privilege involving moral turpitude?
This is not to say that all convictions of the crime of
The practice of law is neither a natural nor a homicide do not involve moral turpitude. Homicide
constitutional right but a privilege bestowed by the may or may not involve moral turpitude depending on
State only upon the deserving and worthy for conferment the degree of the crime. Moral turpitude is not involved
of such privilege. - Natanauan v. Atty. Tolentino, A.C. No. in every criminal act and is not shown by every known and
4269, October 11, 2016 intentional violation of statute, but whether any
particular conviction involves moral turpitude may be a
 Who may practice law? question of fact and frequently depends on all the
surrounding circumstances.
Section 1, Rule 138 of the Rules of Court provides: ……
Who may practice law. – Any person heretofore duly While . . . generally but not always, crimes mala in se
admitted as a member of the bar, or thereafter involve moral turpitude, while crimes mala prohibita do
admitted as such in accordance with the provisions of not, it, cannot always be ascertained whether moral
this Rule, and who is in good and regular standing, turpitude does or does not exist by classifying a
is entitled to practice law. crime as malum in se or as malum prohibitum, since
there are crimes which are mala in se and yet but rarely
 Pre-law requirements involve moral turpitude and there are crimes which
involve moral turpitude and are mala prohibita only. It
Rule 138 Sec. 6. Pre-Law. - No applicant for admission to follows therefore, that moral turpitude is somewhat a
the bar examination shall be admitted unless he presents vague and indefinite term, the meaning of which
a certificate that he has satisfied the Secretary of must be left to the process of judicial inclusion or
Education that, before he began the study of law, he exclusion as the cases are reached.
had pursued and satisfactorily completed in an As to what crime involves moral turpitude, is for the
authorized and recognized university or college, Supreme Court to determine. – IRRI v. NLRC, G.R. No.
requiring for admission thereto the completion of a 97239 May 12, 1993
four-year high school course, the course of study
prescribed therein for a bachelor's degree in arts or  Whether or not a lawyer is entitled to
sciences with any of the following subjects as major or exemption from payment of his IBP dues
field of concentration: political science, logic, english, during the time that he was inactive in the
spanish, history and economics. practice of law

 Passing the bar exam is not enough Thus, payment of dues is a necessary consequence of
membership in the IBP, of which no one is exempt. This
A bar candidate does not acquire the right to practice law means that the compulsory nature of payment of dues
simply by passing the bar examinations. The practice subsists for as long as one’s membership in the IBP
of law is a privilege that can be withheld even from one remains regardless of the lack of practice of, or the
who has passed the bar examinations, if the person type of practice, the member is engaged in.
seeking admission had practiced law without a license. There is nothing in the law or rules which allows
True, respondent here passed the 2000 Bar Examinations exemption from payment of membership dues. At
and took the lawyer’s oath. However, it is the signing in most, as correctly observed by the IBP, he could have
the Roll of Attorneys that finally makes one a full- informed the Secretary of the Integrated Bar of his
fledged lawyer. The fact that respondent passed the bar intention to stay abroad before he left. In such case, his
examinations is immaterial. Passing the bar is not the only membership in the IBP could have been terminated and
qualification to become an attorney-at-law. Respondent his obligation to pay dues could have been discontinued.
should know that two essential requisites for becoming a - Letter of Atty. Cecilio Y. Arevalo Jr. B.M. 1370 May 9, 2005
lawyer still had to be performed, namely: his lawyer’s oath
to be administered by this Court and his signature in the  Is IBP membership fee a form of tax?
Roll of Attorneys. – Aguirre v. Rana, B. M. No. 1036. June
10, 2003 For the court to prescribe dues to be paid by the members
does not mean that the Court is attempting to levy a tax.
 Signing of the Lawyer’s Oath is not equivalent
to “taking the oath” A membership fee in the Bar association is an exaction
for regulation, while tax purpose of a tax is a revenue.
Respondent Abad should know that the circumstances If the judiciary has inherent power to regulate the Bar, it
which he has narrated do not constitute his admission follows that as an incident to regulation, it may impose a
to the Philippine Bar and the right to practice law membership fee for that purpose. It would not be possible
thereafter. He should know that two essential requisites to put on an integrated Bar program without means to
for becoming a lawyer still had to be performed, defray the expenses. The doctrine of implied powers

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necessarily carries with it the power to impose such in fact he had not, thereby violating the provisions of
exaction. - Letter of Atty. Cecilio Y. Arevalo Jr. B.M. 1370 Sections 5 and 6, Rule 127 of the Rules of Court, which
May 9, 2005 require completion by a bar examinee or candidate of the
prescribed courses in elementary, high, pre-law and law
 There is no provision under the CPR which school, prior to his admission to the practice of law. - In
prohibits the re: Juan Publico, Petition for Reinstatement in the Roll of
unauthorized practice of law Attorneys February 20, 1981

CANON 9 - A lawyer shall not, directly or indirectly, assist  Took the Bar examination without any college
in the unauthorized practice of law. degree

While a reading of Canon 9 appears to merely prohibit Complainant and respondent are siblings born to
lawyers from assisting in the unauthorized practice of Porferio R. Caronan, Jr. and Norma A. Caronan.
law, the unauthorized practice of law by the lawyer Respondent is the older of the two, having been born on
himself is subsumed under this provision, because at February 7, 1975, while complainant was born on August
the heart of Canon 9 is the lawyer's duty to prevent the 5, 1976. Both of them completed their secondary
unauthorized practice of law. - Petition to sign in the Roll education at the Makati High School where
of Attorneys, Medado, B.M. No. 2540 [2013] complainant graduated in 1993 and respondent in 1991.
Upon his graduation, complainant enrolled at the
Intent is necessary to be guilty of unauthorized University of Makati where he obtained a degree in
practice of law Business Administration in 1997.
In several cases, we have ruled that the unauthorized ……
practice of law by assuming to be an attorney and He started working thereafter as a Sales Associate for
acting as such without authority constitutes indirect Philippine Seven Corporation (PSC), the operator of 7-11
contempt which is punishable by fine or imprisonment or Convenience Stores. In 2001, he married Myrna G. Tagpis
both. The liability for the unauthorized practice of law with whom he has two (2) daughters. Through the years,
under Section 3(e), Rule 71 of the Rules of Court is in the complainant rose from the ranks until, in 2009, he was
nature of criminal contempt and the acts are punished promoted as a Store Manager of the 7-11 Store in
because they are an affront to the dignity and authority of Muntinlupa.
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 Meanwhile, upon graduating from high school,
element, and no one can be punished unless the respondent enrolled at the Pamantasan ng Lungsod ng
evidence makes it clear that he intended to commit Maynila (PLM), where he stayed for one (1) year before
it. - Normatan & Pagayokan v. Balajadia, G.R. No. 169517 transferring to the Philippine Military Academy (PMA) in
2006 1992. In 1993, he was discharged from the PMA and
focused on helping their father in the family's car rental
 Examples of unauthorized practice of law business. In 1997, he moved to Nueva Vizcaya with his
wife, Rosana, and their three (3) children. Since then,
In the cases where we found a party liable for the respondent never went back to school to earn a
unauthorized practice of law, the party was guilty of some college degree.
overt act like:
1. signing court pleadings on behalf of his client; ……
2. appearing before court hearings as an attorney; In 1999, during a visit to his family in Metro Manila,
3. manifesting before the court that he will practice law respondent told complainant that the former had enrolled
despite being previously denied admission to the in a law school in Nueva Vizcaya.
bar; or Subsequently, in 2004, their mother informed
4. deliberately attempting to practice law and complainant that respondent passed the Bar
5. holding out himself as an attorney through circulars Examinations and that he used complainant's name
with full knowledge that he is not licensed to do and college records from the University of Makati to
so. enroll at St. Mary's University's College of Law in
- Normatan & Bayombong, Nueva Vizcaya and take the Bar
Pagayokan v. Balajadia, G.R. No. 169517 2006 Examinations. Complainant brushed these aside as he did
not anticipate any adverse consequences to him.
 Violation of Rule 138 section 6
……
“[b]y utilizing the school records of his cousin and name- In 2006, complainant was able to confirm respondent's
sake, Juan M. Publico when, in actual fact, petitioner had use of his name and identity when he saw the name
not completed Grade VI of his elementary schooling, "Patrick A. Caronan" on the Certificate of Admission
much less, First and Second Year High School.” to the Bar displayed at the latter's office in Taguig
For all the foregoing, we find and so hold that respondent City. Nevertheless, complainant did not confront
falsified his school records, by making it appear that he respondent about it since he was pre-occupied with his
had finished or completed Grade VI elementary and job and had a family to support.
First and Second Year high school, when in truth and

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Sometime in May 2009, however, after his promotion as We find that these facts do not constitute gross
Store Manager, complainant was ordered to report to the immorality warranting the permanent exclusion of
head office of PSC in Mandaluyong City where, upon respondent from the legal profession. His engaging in
arrival, he was informed that the National Bureau of premarital sexual relations with complainant and
Investigation (NBI) was requesting his presence at its promises to marry suggests a doubtful moral
office in Taft Avenue, Manila, in relation to an character on his part but the same does not
investigation involving respondent who, at that point, constitute grossly immoral conduct. The Court has
was using the name "Atty. Patrick A. Caronan.“ held that to justify suspension or disbarment the act
complained of must not only be immoral, but grossly
…… immoral. - Figueroa v. Barranco, Jr. SBC Case No. 519 1997
On the other hand, a fellow church-member had also told
him that respondent who, using the name "Atty. Patrick  Not grossly immoral
A. Caronan," almost victimized his (church-member's)
relatives. Complainant also received a phone call from a Respondent lawyer who made avowals to being a
certain Mrs. Loyda L. Reyes (Reyes), who narrated how respectable father to three children, and also to being a
respondent tricked her into believing that he was respected leader of his community apparently had no
authorized to sell a parcel of land in Taguig City when in qualms or scruples about being seen sleeping in his
fact, he was not. Further, he learned that respondent was own bed with another man’s wife, his arms entwined
arrested for gun-running activities, illegal possession of in tender embrace with the latter.
explosives, and violation of Batas Pambansa Bilang (BP)
22. The acts complained or in this case might not be grossly
…… or starkly immoral in its rawness or coarseness, but they
Due to the controversies involving respondent's use of the were without doubt condemnable.
name "Patrick A. Caronan," complainant developed a fear - Oliver Fabugais v. Atty. Berardo C.
for his own safety and security. He also became the Faunclo, Jr., A.C. no. 10145, June 11, 2018
subject of conversations among his colleagues, which
eventually forced him to resign from his job at  Is poverty of litigant a justification to engage
PSC. Hence, complainant filed the present in illegal practice of law?
Complaint-Affidavit to stop respondent's alleged use
of the former's name and identity, and illegal The defense of respondent that "his participation (sic) for
practice of law. 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
Here, respondent exhibited his dishonesty and utter true, carry the day for him, - Zeta v. Malinao, A.M. No. P-
lack of moral fitness to be a member of the Bar when he 220, December 20, 1978
assumed the name, identity, and school records of his own
brother and dragged the latter into controversies which  Can a lawyer-detainee practice law?
eventually caused him to fear for his safety and to resign
from PSC where he had been working for years. Good As a matter of law, when a person indicted for an offense
moral character is essential in those who would be is arrested, he is deemed placed under the custody of the
lawyers. This is imperative in the nature of the office of a law. He is placed in actual restraint of liberty in jail so that
lawyer, the trust relation which exists between him and he may be bound to answer for the commission of the
his client, as well as between him and the court. offense. He must be detained in jail during the pendency
Finally, respondent made a mockery of the legal of the case against him, unless he is authorized by the
profession by pretending to have the necessary court to be released on bail or on recognizance. Let it be
qualifications to be a lawyer. He also tarnished the stressed that all prisoners whether under preventive
image of lawyers with his alleged unscrupulous activities, detention or serving final sentence can not practice
which resulted in the filing of several criminal cases their profession nor engage in any business or
against him. Certainly, respondent and his acts do not occupation, or hold office, elective or appointive,
have a place in the legal profession where one of the while in detention. This is a necessary consequence
primary duties of its members is to uphold its integrity of arrest and detention. – PP v. Hon. Maceda and
and dignity. - Patrick A. Caronan v. Richard A. Caronan Javellana G.R. No. 89591-96 January 24, 2000
a.k.a. “Atty. Patrick A. Caronan”, July 12, 2016, A.C. No. 11316

 Is breach of promise to marry  What is the effect of non-payment of IBP


gross immorality? dues?

Respondent was prevented from taking the lawyer’s oath Rule 139-A, Section 10 which provides that "default in the
in 1971 because of the charges of gross immorality made payment of annual dues for six months shall warrant
by complainant. To recapitulate, respondent bore an suspension of membership in the Integrated Bar, and
illegitimate child with his sweetheart, Patricia Figueroa, default in such payment for one year shall be a ground
who also claims that he did not fulfill his promise to for the removal of the name of the delinquent
marry her after he passes the bar examinations. member from the Roll of Attorneys.“ - Santos, Jr. V.
Atty. Llamas A.C No. 4749 [2000]

7
 Misrepresenting to the public and the courts Before a lawyer who reacquires Filipino citizenship
that he had paid his IBP dues pursuant to RA 9225 can resume his law practice, he must
first secure from this Court the authority to do so,
By indicating "IBP-Rizal 259060" in his pleadings and conditioned on:
thereby misrepresenting to the public and the courts (a) the updating and payment in full of the annual
that he had paid his IBP dues to the Rizal Chapter, membership dues in the IBP;
respondent is guilty of violating the Code of Professional (b) the payment of professional tax;
Responsibility which provides: (c) the completion of at least 36 credit hours of
mandatory continuing legal education; this is
Rule 1.01 - A lawyer shall not engage in unlawful, specially significant to refresh the
dishonest, immoral or deceitful conduct. applicant/petitioner’s knowledge of Philippine laws
and update him of legal developments and
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD (d) the retaking of the lawyer’s oath which will not only
THE INTEGRITY AND DIGNITY OF THE LEGAL remind him of his duties and responsibilities as a
PROFESSION, AND SUPPORT THE ACTIVITIES OF THE lawyer and as an officer of the Court, but also renew
INTEGRATED BAR. his pledge to maintain allegiance to the Republic of
the Philippines. – Petition for leave to resume practice
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS of law, Dacanay B.M. No. 1678 December 17, 2007
AND GOOD FAITH TO THE COURT.
Rule 10.01 - A lawyer shall not do any falsehood, nor  What is the purpose for requiring the retaking
consent to the doing of any court; nor shall he mislead or of Lawyer’s Oath?
allow the court to be misled by any artifice. - Santos, Jr. V.
Atty. Llamas A.C No. 4749 [2000] The retaking of the lawyer’s oath which will not only
remind him of his duties and responsibilities as a lawyer
 Is a “senior citizen” lawyer exempted from and as an officer of the Court, but also renew his pledge to
payment of ITR also exempted from payment maintain allegiance to the Republic of the Philippines.
of IBP dues?
 Citizenship requirement in order to practice
While it is true that R.A. No. 7432, §4 grants senior law in the Philippines
citizens "exemption from the payment of individual
income taxes: provided, that their annual taxable income Constitution Art. 12 Section 14. xxx. The practice of all
does not exceed the poverty level as determined by the professions in the Philippines shall be limited to Filipino
National Economic and Development Authority (NEDA) citizens, save in cases prescribed by law.
for that year," the exemption does not include
payment of membership or association dues. - Santos,  Requirements for all applicants for admission
Jr. V. Atty. Llamas A.C No. 4749 [2000] to the bar

 May a lawyer who has lost his Filipino Section 2, Rule 138 (Attorneys and Admission to Bar) of
citizenship still practice law in the the Rules of Court:
Philippines? Requirements for all applicants for admission to the bar.
– Every applicant for admission as a member of the bar
The Constitution provides that the practice of all must be a citizen of the Philippines, at least
professions in the Philippines shall be limited to Filipino twenty-one years of age, of good moral character,
citizens save in cases prescribed by law. Since Filipino and a resident of the Philippines; and must produce
citizenship is a requirement for admission to the bar, loss before the Supreme Court satisfactory evidence of
thereof terminates membership in the Philippine bar and, good moral character, and that no charges against
consequently, the privilege to engage in the practice of him, involving moral turpitude, have been filed or
law. In other words, the loss of Filipino citizenship ipso are pending in any court in the Philippines.
jure terminates the privilege to practice law in the
Philippines. The practice of law is a privilege denied to  Continuing requirements to practice law
foreigners. - Petition for leave to resume practice of
law,Dacanay B.M. No. 1678 December 17, 2007 The second requisite for the practice of law ―
 Effect of reacquisition of Filipino citizenship membership in good standing ― is a continuing
requirement. This means continued membership and,
A Filipino lawyer who becomes a citizen of another concomitantly, payment of annual membership dues in
country and later re-acquires his Philippine citizenship the IBP; payment of the annual professional tax;
under R.A. No. 9225, remains to be a member of the compliance with the mandatory continuing legal
Philippine Bar. – Petition to reacquire the privilege to education requirement; faithful observance of the rules
practice law in the Philippines, Muneses, B.M. 2112 [2012] and ethics of the legal profession and being continually
subject to judicial disciplinary control. -Petition for leave
to resume practice of law, Dacanay B.M. No. 1678
 Requirements before one can resume practice December 17, 2007
of law after reacquiring Filipino citizenship

8
 Phases of admission to the bar (b) To observe and maintain the respect due to the courts
of justice and judicial officers;
Moreover, admission to the bar involves various phases (c) To counsel or maintain such actions or proceedings
such as furnishing satisfactory proof of educational, only as appear to him to be just, and such defenses
moral and other qualifications; passing the bar only as he believes to be honestly debatable under
examinations; taking the lawyer’s oath and signing the law;
the roll of attorneys and receiving from the clerk of (d) To employ, for the purpose of maintaining the causes
court of this Court a certificate of the license to confided to him, such means only as are consistent
practice. - Petition for leave to resume practice of with truth and honor, and never seek to mislead
law,Dacanay B.M. No. 1678 December 17, 2007 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
 Can a successful examinee take his oath peril to himself, to preserve the secrets of his client,
before any person allowed by law to and to accept no compensation in connection with
administer an oath? his client's business except from him or with his
knowledge and approval;
Rule 138 Sec. 17. Admission and oath of successful (f) To abstain from all offensive personality and to
applicants. - An applicant who has passed the required advance no fact prejudicial to the honor or
examination, or has been otherwise found to be entitled reputation of a party or witness, unless required by
to admission to the bar, shall take and subscribe before the justice of the cause with which he is charged;
the Supreme Court the corresponding oath of office. (g) Not to encourage either the commencement or the
continuance of an action or proceeding, or delay any
Inasmuch as the oath as lawyer is a prerequisite to the man's cause, from any corrupt motive or interest;
practice of law and may be taken only, before the (h) Never to reject, for any consideration personal to
Supreme Court, by those authorized by the latter to himself, the cause of the defenseless or oppressed;
engage in such practice xxx. – PP v. De Luna, et. al. G.R. (i) In the defense of a person accused of crime, by all fair
Nos. L-10236-48. January 31, 1958 and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present
 Section 2. Section 41 of the Administrative every defense that the law permits, to the end that
Code of 1987 is hereby amended to read as no person may be deprived of life or liberty, but by
follows due process of law.

Sec. 41. Officers Authorized to Administer Oath. - The  What is a lawyer’s proof of authority to
following officers have general authority to administer practice of law?
oaths:
President; Rule 138 Sec. 18. Certificate. - The Supreme Court shall
Vice-President; thereupon admit the applicant as a member of the bar for
Members and Secretaries of both Houses of the Congress; all the courts of the Philippines, and shall direct an order
Members of the Judiciary; to be entered to that effect upon its records, and that a
Secretaries of Departments; certificate of such record be given to him by the clerk of
provincial governors and lieutenant-governors; court, which certificate shall be his authority to
city mayors; practice.
municipal mayors;
bureau directors;  Authority to appear in behalf of a client

…authorized to administer oath Sec. 21. Authority of attorney to appear. - An attorney is


presumed to be properly authorized to represent any
regional directors; cause in which he appears, and no written “power of
clerks of courts; attorney” is required to authorize him to appear in
registrars of deeds; court for his client, but the presiding judge may, on
other civilian officers in the public service of the motion of either party and on reasonable grounds therefor
government of the Philippines whose appointments are being shown, require any attorney who assumes the
vested in the President and are subject to confirmation by right to appear in a case to produce or prove the
the Commission on Appointments; authority under which he appears, and to disclose,
all other constitutional officers; whenever pertinent to any issue, the name of the person
and notaries public." who employed him, and may thereupon make such
order as justice requires. An attorney wilfully appearing in
 Duties of Attorneys court for a person without being employed, unless by
leave of the court, may be punished for contempt as an
Rule 138 section 20 - It is the duty of an attorney: officer of the court who has misbehaved in his official
(a) To maintain allegiance to the Republic of the transactions.
Philippines and to support the Constitution and
obey the laws of the Philippines;  Presumption in favor of the counsel’s
authority to appear

9
students and the ratings obtained by them in the
The presumption in favor of the counsels authority to particular subject.
appear in behalf of a client is a strong one. A lawyer is not  Requirements after flunking the bar 3 times
even required to present a written authorization from the
client. In fact, the absence of a formal notice of entry Enrollment and completion of pre-bar review course
of appearance will not invalidate the acts performed is an additional requirement under Rule 138 of the Rules
by the counsel in his clients name. However, the court, of Court for those who failed the bar examinations for
on its own initiative or on motion of the other party three (3) or more times. - In re: Purisima, B.M. Nos. 979
require a lawyer to adduce authorization from the client. and 986 [2002]
– LBP v. Pamintuan Development, G.R. no. 16788, October
25, 2005  A “Counselor” is not an “Attorney”

 Failure to sign in the Roll of Attorneys The title of "attorney" is reserved to those who, having
obtained the necessary degree in the study of law and
Petitioner did not sign in the Roll of Attorneys for 32 years. successfully taken the Bar Examinations, have been
What he had signed at the entrance of the PICC was admitted to the Integrated Bar of the Philippines and
probably just an attendance record. remain members thereof in good standing; and it is
they only who are authorized to practice law in this
As Medado is not yet a full-fledged lawyer, we cannot jurisdiction.
suspend him from the practice of law. However, we see it
fit to impose upon him a penalty akin to suspension by Alauya says he does not wish to use the title, "counsellor"
allowing him to sign in the Roll of Attorneys one ( 1) year or "counsellor-at-law," because in his region, there are
after receipt of this Resolution. For his transgression of the pejorative connotations to the term, or it is confusingly
prohibition against the unauthorized practice of law, we similar to that given to local legislators. The ratiocination,
likewise see it fit to fine him in the amount of P32,000. – valid or not, is of no moment. His disinclination to use the
Petition to sign in the Roll of Attorneys, Medado, B.M. No. title of "counsellor" does not warrant his use of the title of
2540 [2013] attorney.
His disinclination to use the title of "counselor" does not
 Name in the Roll of Attorneys must be used in warrant his use of the title of attorney. - Alawi v. Alauya,
pleadings A.M. SDC-97-2-P. February 24, 1997
This Court has already severely reprimanded respondent
from using a name other than authorized name in the  Can an “indefinite suspension” from the
"Roll of Attorneys" and was warned that a repetition of practice of law prohibit a lawyer from filing a
the same overt act may warrant his suspension of citizen or taxpayer suit?
disbarment from office in the future. 
- Pangan v. Atty. Dionision Petitioner Alan F. Paguia (petitioner), as citizen and
Ramos,A.M. No. 1053 August 31, 1981 taxpayer, filed this original action for the writ of
certiorari to invalidate President Gloria Macapagal-
 Certificate of Membership & Certificate of Arroyo’s nomination of respondent former Chief Justice
Membership in Good Standing in IBP does not Hilario G. Davide, Jr. (respondent Davide) as Permanent
confer membership in the bar Representative to the United Nations (UN) for violation
of Section 23 of Republic Act No. 7157 (RA 7157), the
Certificate of Membership in the Integrated Bar of the Philippine Foreign Service Act of 1991.
Philippines as well as a Certificate of Membership in In their separate Comments, respondent Davide, the
Good Standing with the Quezon City Chapter of the Office of the President, and the Secretary of Foreign
Integrated Bar of the Philippines do not constitute his Affairs (respondents) raise threshold issues against the
admission to the Philippine Bar and the right to petition. First, they question petitioner’s standing to
practice law thereafter. - Re: Elmo Abad, A. M. No. 139 bring this suit because of his indefinite suspension
[1983] from the practice of law.
……
 Requirements after flunking the bar 3 times An incapacity to bring legal actions peculiar to petitioner
also obtains. Petitioner’s suspension from the practice of
Sec. 16. Failing candidates to take review course. - law bars him from performing “any activity, in or out of
Candidates who have failed the bar examinations for court, which requires the application of law, legal
three times shall be disqualified from taking another procedure, knowledge, training and experience.”
examination unless they show to the satisfaction of the Certainly, preparing a petition raising carefully
court that they have enrolled in and passed regular crafted arguments on equal protection grounds and
fourth year review classes as well as attended a pre- employing highly legalistic rules of statutory
bar review course in a recognized law school. construction to parse Section 23 of RA 7157 falls
within the proscribed conduct. - Paguia v. Office of the
The professors of the individual review subjects attended President, G.R. No. 176278 [2010]
by the candidates under this rule shall certify under oath
that the candidates have regularly attended classes and  RULE 7
passed the subjects under the same conditions as ordinary EXEMPTIONS

10
Section 1. Parties exempted from the MCLE Applications for exemption from or modification of the
B.M. No. 850 August 22, 2000 MCLE requirement shall be under oath and supported by
documents.
The following members of the Bar are exempt from the
MCLE requirement:  Good cause for exemption from (MCLE) or
(a) The President and the Vice President of the modification of requirement B.M. 850
Philippines, and the Secretaries and
Undersecretaries of Executives Departments; Rule 7 Section 3. Good cause for exemption from or
(b) Senators and Members of the House of modification of requirement
Representatives; A member may file a verified request setting forth good
(c) The Chief Justice and Associate Justices of the Supreme cause for exemption (such as physical disability, illness,
Court, incumbent and retired members of the post graduate study abroad, proven expertise in law, etc.)
judiciary, incumbent members of the Judicial and from compliance with or modification of any of the
Bar Council and incumbent court lawyers covered requirements, including an extension of time for
by the Philippine Judicial Academy program of compliance, in accordance with a procedure to be
continuing judicial education; established by the MCLE Committee.

……  Whether respondent is administratively


(d) The Chief State Counsel, Chief State Prosecutor and liable for his failure to comply with the MCLE
Assistant Secretaries of the Department of Justice; requirements.
(e) The Solicitor General and the Assistant Solicitor
General; Section 12(5) of the MCLE Implementing Regulations
(f) The Government Corporate Counsel, Deputy and provides:
Assistant Government Corporate Counsel; xxxx
(g) The Chairmen and Members of the Constitutional (5) Any other act or omission analogous to any of the
Commissions; foregoing or intended to circumvent or evade
(h) The Ombudsman, the Overall Deputy Ombudsman, compliance with the MCLE requirements. A member
the Deputy Ombudsmen and the Special failing to comply with the continuing legal
Prosecutor of the Office of the Ombudsman; education requirement will receive a Non-
(i) Heads of government agencies exercising quasi-judicial Compliance Notice stating his specific deficiency
functions; and will be given sixty (60) days from the receipt of
(j) Incumbent deans, bar reviews and professors of law the notification to explain the deficiency or
who have teaching experience for at least 10 years otherwise show compliance with the
accredited law schools; requirements. Such notice shall be written in capital
(k) The Chancellor, Vice-Chancellor and members of the letters as follows:
Corps of Professors and Professorial Lectures of the YOUR FAILURE TO PROVIDE ADEQUATE
Philippine Judicial Academy; and JUSTIFICATION FOR NON-COMPLIANCE OR PROOF
(l) Governors and Mayors. OF COMPLIANCE WITH THE MCLE REQUIREMENT
WITHIN 60 DAYS FROM RECEIPT OF THIS NOTICE
…… SHALL BE A CAUSE FOR LISTING YOU AS A
Section 2. Other parties exempted from the MCLE DELINQUENT MEMBER AND SHALL NOT BE
The following Members of the Bar are likewise exempt: PERMITTED TO PRACTICE LAW UNTIL SUCH TIME
(a) Those who are not in law practice, private or AS ADEQUATE PROOF OF COMPLIANCE IS RECEIVED
public. BY THE MCLE COMMITTEE.
(b) Those who have retired from law practice with the ……
approval of the IBP Board of Governors. The Member may use the 60-day period to complete his
Section 3. Good cause for exemption from or compliance with the MCLE requirement. Credit units
modification of requirement earned during this period may only be counted toward
A member may file a verified request setting forth good compliance with the prior period requirement unless
cause for exemption (such as physical disability, illness, units in excess of the requirement are earned in which
post graduate study abroad, proven expertise in law, etc.) case the excess may be counted toward meeting the
from compliance with or modification of any of the current compliance period requirement.
requirements, including an extension of time for A member who is in non-compliance at the end of the
compliance, in accordance with a procedure to be compliance period shall pay a non-compliance fee of
established by the MCLE Committee. P1,000.00 and shall be listed as a delinquent member
of the IBP by the IBP Board of Governors upon the
…… recommendation of the MCLE Committee, in which
Section 4. Change of status case Rule 139-A of the Rules of Court shall apply.
The compliance period shall begin on the first day of the ……
month in which a member ceases to be exempt under Rule 139-A
Sections 1, 2, or 3 of this Rule and shall end on the same Section 10. Effect of non-payment of dues. — Subject to
day as that of all other members in the same Compliance the provisions of Section 12 of this Rule, default in the
Group. payment of annual dues for six months shall warrant
Section 5. Proof of exemption suspension of membership in the Integrated Bar, and

11
default in such payment for one year shall be a ground Administrator on this matter which is contrary to the
for the removal of the name of the delinquent foregoing is hereby superseded.
member from the Roll of Attorneys. For your information, guidance and strict compliance. 26
…… May 2014
In addition, his listing as a delinquent member of the
IBP is also akin to suspension because he shall not be  Written entry of appearance and MCLE
permitted to practice law until such time as he submits compliance SC Resolution February 17, 2015
proof of full compliance to the IBP Board of Governors, 
and the IBP Board of Governors has notified the MCLE "B.M. No. 850 (Re: Rules on Mandatory Continuing Legal
Committee of his reinstatement, under Section 14 of the Education for Active Members of the Integrated Bar of the
MCLE Implementing Regulations. Hence, we deem it Philippines). Acting on the Letter dated January 13, 2015 of
proper to declare respondent as a delinquent member Hon. Bernardo P. Pardo, Chairperson, MCLE Governing
of the IBP and to suspend him from the practice of law Board, submitting for the Court's approval the MCLE
for six months or until he has fully complied with the Governing Board Resolution No. 007-2014, the Court
requirements of the MCLE for the First, Second, Third, Resolved to REQUIRE all members of the Integrated Bar
and Fourth Compliance Periods, whichever is later, and of the Philippines to file a written entry of appearance
he has fully paid the required non-compliance and indicating their MCLE exemption or compliance
reinstatement fees. - Atty. Samuel B. Amado v. Atty. number for the current or immediately preceding
Homobono A. Adaza, A.C. No. 9834, August 26, 2015 compliance period and date of issuance thereof before
…… appearing as counsel or engaging in oral argument in
With regard to Orlando’s alleged violation of BM No. 1922, open court or before a quasi-judicial body.
the Court agrees with the IBP that his failure to disclose ……
the required information for MCLE compliance in the However, counsels who affixed their signatures in - their
complaint for damages he had filed against his brother pleadings and indicated their MCLE exemption or
Marcelo is not a ground for disbarment. At most, his compliance number in their pleadings need not file a
violation shall only be cause for the dismissal of the separate entry of appearance. Henceforth, all counsels,
complaint as well as the expunction thereof from the including partners of law firms whose names appear in the
records. – Maximo Doble III v. Atty. Orlando 0. Ailes, A.C. said pleadings, shall also indicate their MCLE exemption
No. 10628, July 01, 2015 or compliance number.
This resolution shall take effect on March 1, 2015 following
 Failure to disclose MCLE information in its publication in a newspaper of general circulation."
pleadings
OCA Circular no. 79-2014 Thank you for your attention!!

In the Resolution of the Court En Banc dated January 14,


2014 in the above-cited administrative matter, the Court
RESOLVED, upon the recommendation of the MCLE
Governing Board, to: (a) AMEND the June 3, 2008
resolution by repealing the phrase “Failure to disclose the
required information would cause the dismissal of the
case and the expunction of the pleadings from the
records” and replacing it with “Failure to disclose the
required information would subject the counsel to
appropriate penalty and disciplinary action”; and
……
(b) PRESCRIBE the following rules for non-disclosure of
current MCLE compliance/exemption number in the
pleadings:
(i) The lawyer shall be imposed a fine of P2,000.00 for the
first offense, P3,000.00 for the second offense
and P4,000.00 for the third offense;
(ii) In addition to the fine, counsel may be listed as a
delinquent member of the Bar pursuant to
Section 2, Rule 13 of Bar Matter No. 850 and its
implementing rules and regulations; and
(iii) The non-compliant lawyer shall be discharged from
the case and the client/s shall be allowed to
secure the services of a new counsel with the
concomitant right to demand the return of
fees already paid to the non-compliant
lawyer.
This revokes OCA Circular No. 66-2008 dated July 22,
2008, and any prior circular from the Office of the Court

12