MAURICIO C. ULEP, Petitioner, vs. THE LEGAL CLINIC, INC., Respondent.

R E SO L U T I O N

REGALADO, J.:

Petitioner prays this Court "to order the respondent to cease and desist from issuing
advertisements similar to or of the same tenor as that of annexes "A" and "B" (of said
petition) and to perpetually prohibit persons or entities from making advertisements
pertaining to the exercise of the law profession other than those allowed by
law."chanrobles virtual law library

The advertisements complained of by herein petitioner are as follows:

Annex A

SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.chanrobles virtual law library

THE Please call: 521-0767 LEGAL 5217232, 5222041 CLINIC, INC. 8:30 am- 6:00 pm
7-Flr. Victoria Bldg., UN Ave., Mla.

Annex B

GUAM DIVORCE.

DON PARKINSONchanrobles virtual law library

an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through The Legal
Clinic beginning Monday to Friday during office
hours.chanroblesvirtualawlibrarychanrobles virtual law library

Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext. Quota/Non-

quota Res. & Special Retiree's Visa. Declaration of Absence. Remarriage to Filipina
Fiancees. Adoption. Investment in the Phil. US/Foreign Visa for Filipina
Spouse/Children. Call Marivic.chanrobles virtual law library

THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US Embassy CLINIC,
INC. 1 Tel. 521-7232; 521-7251; 522-2041; 521-0767

It is the submission of petitioner that the advertisements above reproduced are

champterous, unethical, demeaning of the law profession, and destructive of the
confidence of the community in the integrity of the members of the bar and that, as a
member of the legal profession, he is ashamed and offended by the said
advertisements, hence the reliefs sought in his petition as hereinbefore
quoted.chanroblesvirtualawlibrarychanrobles virtual law library

In its answer to the petition, respondent admits the fact of publication of said
advertisement at its instance, but claims that it is not engaged in the practice of law but
in the rendering of "legal support services" through paralegals with the use of modern
computers and electronic machines. Respondent further argues that assuming that the
services advertised are legal services, the act of advertising these services should be
allowed supposedly
in the light of the case of John R. Bates and Van O'Steen vs. State Bar of
Arizona, 2reportedly decided by the United States Supreme Court on June 7,
1977.chanroblesvirtualawlibrarychanrobles virtual law library

Considering the critical implications on the legal profession of the issues raised herein,
we required the (1) Integrated Bar of the Philippines (IBP), (2) Philippine Bar
Association (PBA), (3) Philippine Lawyers' Association (PLA), (4) U.P. Womens
Lawyers' Circle (WILOCI), (5) Women Lawyers Association of the Philippines (WLAP),
and (6) Federacion International de Abogadas (FIDA) to submit their respective position
papers on the controversy and, thereafter, their memoranda. 3The said bar associations
readily responded and extended their valuable services and cooperation of which this
Court takes note with appreciation and gratitude.chanroblesvirtualawlibrarychanrobles
virtual law library

The main issues posed for resolution before the Court are whether or not the services
offered by respondent, The Legal Clinic, Inc., as advertised by it constitutes practice of
law and, in either case, whether the same can properly be the subject of the
advertisements herein complained of.chanroblesvirtualawlibrarychanrobles virtual law
library

Before proceeding with an in-depth analysis of the merits of this case, we deem it
proper and enlightening to present hereunder excerpts from the respective position
papers adopted by the aforementioned bar associations and the memoranda submitted
by them on the issues involved in this bar matter.

1. Integrated Bar of the Philippines:

xxx xxx xxxchanrobles virtual law library

Notwithstanding the subtle manner by which respondent endeavored to distinguish the

two terms, i.e., "legal support services" vis-a-vis "legal services", common sense would
readily dictate that the same are essentially without substantial distinction. For who
could deny that document search, evidence gathering, assistance to layman in need of
basic institutional services from government or non-government agencies like birth,
marriage, property, or business registration, obtaining documents like clearance,
passports, local or foreign visas, constitutes practice of law?
 xxx xxx xxxchanrobles virtual law library

The Integrated Bar of the Philippines (IBP) does not wish to make issue with
respondent's foreign citations. Suffice it to state that the IBP has made its position
manifest, to wit, that it strongly opposes the view espoused by respondent (to the effect
that today it is alright to advertise one's legal
services).chanroblesvirtualawlibrarychanrobles virtual law library

The IBP accordingly declares in no uncertain terms its opposition to respondent's act of
establishing a "legal clinic" and of concomitantly advertising the same through
newspaper publications.chanroblesvirtualawlibrarychanrobles virtual law library

The IBP would therefore invoke the administrative supervision of this Honorable Court
to perpetually restrain respondent from undertaking highly unethical activities in the field
of law practice as aforedescribed. 4

xxx xxx xxxchanrobles virtual law library

A. The use of the name "The Legal Clinic, Inc." gives the impression that respondent
corporation is being operated by lawyers and that it renders legal
services.chanroblesvirtualawlibrarychanrobles virtual law library

While the respondent repeatedly denies that it offers legal services to the public, the
advertisements in question give the impression that respondent is offering legal
services. The Petition in fact simply assumes this to be so, as earlier mentioned,
apparently because this (is) the effect that the advertisements have on the reading
public.chanroblesvirtualawlibrarychanrobles virtual law library

The impression created by the advertisements in question can be traced, first of all, to
the very name being used by respondent - "The Legal Clinic, Inc." Such a name, it is
respectfully submitted connotes the rendering of legal services for legal problems, just
like a medical clinic connotes medical services for medical problems. More importantly,
the term "Legal Clinic" connotes lawyers, as the term medical clinic connotes
doctors.chanroblesvirtualawlibrarychanrobles virtual law library

Furthermore, the respondent's name, as published in the advertisements subject of the

present case, appears with (the) scale(s) of justice, which all the more reinforces the
impression that it is being operated by members of the bar and that it offers legal
services. In addition, the advertisements in question appear with a picture and name of
a person being represented as a lawyer from Guam, and this practically removes
whatever doubt may still remain as to the nature of the service or services being
offered.chanroblesvirtualawlibrarychanrobles virtual law library

It thus becomes irrelevant whether respondent is merely offering "legal support

services" as claimed by it, or whether it offers legal services as any lawyer actively
engaged in law practice does. And it becomes unnecessary to make a distinction
between "legal services" and "legal support services," as the respondent would have it.
The advertisements in question leave no room for doubt in the minds of the reading
public that legal services are being offered by lawyers, whether true or
not.chanroblesvirtualawlibrarychanrobles virtual law library

B. The advertisements in question are meant to induce the performance of acts contrary
to law, morals, public order and public policy.chanroblesvirtualawlibrarychanrobles
virtual law library

It may be conceded that, as the respondent claims, the advertisements in question are
only meant to inform the general public of the services being offered by it. Said
advertisements, however, emphasize to Guam divorce, and any law student ought to
know that under the Family Code, there is only one instance when a foreign divorce is
recognized, and that is:

Article 26. . . .chanroblesvirtualawlibrarychanrobles virtual law library

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have capacity to remarry under Philippine Law.

It must not be forgotten, too, that the Family Code (defines) a marriage as follows:

Article 1. Marriage is special contract of permanent union between a man and woman
entered into accordance with law for the establishment of conjugal and family life. It is
the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except
that marriage settlements may fix the property relation during the marriage within the
limits provided by this Code.

By simply reading the questioned advertisements, it is obvious that the message being
conveyed is that Filipinos can avoid the legal consequences of a marriage celebrated in
accordance with our law, by simply going to Guam for a divorce. This is not only
misleading, but encourages, or serves to induce, violation of Philippine law. At the very
least, this can be considered "the dark side" of legal practice, where certain defects in
Philippine laws are exploited for the sake of profit. At worst, this is outright malpractice.

Rule 1.02. - A lawyer shall not counsel or abet activities aimed at defiance of the law or
at lessening confidence in the legal system.

In addition, it may also be relevant to point out that advertisements such as that shown
in Annex "A" of the Petition, which contains a cartoon of a motor vehicle with the words
"Just Married" on its bumper and seems to address those planning a "secret marriage,"
if not suggesting a "secret marriage," makes light of the "special contract of permanent
union," the inviolable social institution," which is how the Family Code describes
marriage, obviously to emphasize its sanctity and inviolability. Worse, this particular
advertisement appears to encourage marriages celebrated in secrecy, which is
suggestive of immoral publication of applications for a marriage
license.chanroblesvirtualawlibrarychanrobles virtual law library

If the article "Rx for Legal Problems" is to be reviewed, it can readily be concluded that
the above impressions one may gather from the advertisements in question are
accurate. The Sharon Cuneta-Gabby Concepcion example alone confirms what the
advertisements suggest. Here it can be seen that criminal acts are being encouraged or
committed
(a bigamous marriage in Hong Kong or Las Vegas) with impunity simply because the
jurisdiction of Philippine courts does not extend to the place where the crime is
committed.chanroblesvirtualawlibrarychanrobles virtual law library

Even if it be assumed, arguendo, (that) the "legal support services" respondent offers
do not constitute legal services as commonly understood, the advertisements in
question give the impression that respondent corporation is being operated by lawyers
and that it offers legal services, as earlier discussed. Thus, the only logical
consequence is that, in the eyes of an ordinary newspaper reader, members of the bar
themselves are encouraging or inducing the performance of acts which are contrary to
law, morals, good customs and the public good, thereby destroying and demeaning the
integrity of the Bar.

xxx xxx xxxchanrobles virtual law library

It is respectfully submitted that respondent should be enjoined from causing the

publication of the advertisements in question, or any other advertisements similar
thereto. It is also submitted that respondent should be prohibited from further performing
or offering some of the services it presently offers, or, at the very least, from offering
such services to the public in general.chanroblesvirtualawlibrarychanrobles virtual law
library

The IBP is aware of the fact that providing computerized legal research, electronic data
gathering, storage and retrieval, standardized legal forms, investigators for gathering of
evidence, and like services will greatly benefit the legal profession and should not be
stifled but instead encouraged. However, when the conduct of such business by non-
members of the Bar encroaches upon the practice of law, there can be no choice but to
prohibit such business.chanroblesvirtualawlibrarychanrobles virtual law library

Admittedly, many of the services involved in the case at bar can be better performed by
specialists in other fields, such as computer experts, who by reason of their having
devoted time and effort exclusively to such field cannot fulfill the exacting requirements
for admission to the Bar. To prohibit them from "encroaching" upon the legal profession
will deny the profession of the great benefits and advantages of modern technology.
Indeed, a lawyer using a computer will be doing better than a lawyer using a typewriter,
even if both are (equal) in skill.chanroblesvirtualawlibrarychanrobles virtual law library
Both the Bench and the Bar, however, should be careful not to allow or tolerate the
illegal practice of law in any form, not only for the protection of members of the Bar but
also, and more importantly, for the protection of the public. Technological development
in the profession may be encouraged without tolerating, but instead ensuring prevention
of illegal practice.chanroblesvirtualawlibrarychanrobles virtual law library

There might be nothing objectionable if respondent is allowed to perform all of its

services, but only if such services are made available exclusively to members of the
Bench and Bar. Respondent would then be offering technical assistance, not legal
services. Alternatively, the more difficult task of carefully distinguishing between which
service may be offered to the public in general and which should be made available
exclusively to members of the Bar may be undertaken. This, however, may require
further proceedings because of the factual considerations
involved.chanroblesvirtualawlibrarychanrobles virtual law library

It must be emphasized, however, that some of respondent's services ought to be

prohibited outright, such as acts which tend to suggest or induce celebration abroad of
marriages which are bigamous or otherwise illegal and void under Philippine law. While
respondent may not be prohibited from simply disseminating information regarding such
matters, it must be required to include, in the information given, a disclaimer that it is not
authorized to practice law, that certain course of action may be illegal under Philippine
law, that it is not authorized or capable of rendering a legal opinion, that a lawyer should
be consulted before deciding on which course of action to take, and that it cannot
recommend any particular lawyer without subjecting itself to possible sanctions for
illegal practice of law.chanroblesvirtualawlibrarychanrobles virtual law library

If respondent is allowed to advertise, advertising should be directed exclusively at

members of the Bar, with a clear and unmistakable disclaimer that it is not authorized to
practice law or perform legal services.chanroblesvirtualawlibrarychanrobles virtual law
library

The benefits of being assisted by paralegals cannot be ignored. But nobody should be
allowed to represent himself as a "paralegal" for profit, without such term being clearly
defined by rule or regulation, and without any adequate and effective means of
regulating his activities. Also, law practice in a corporate form may prove to be
advantageous to the legal profession, but before allowance of such practice may be
considered, the corporation's Article of Incorporation and By-laws must conform to each
and every provision of the Code of Professional Responsibility and the Rules of Court. 5

2. Philippine Bar Association:

xxx xxx xxx.chanroblesvirtualawlibrarychanrobles virtual law library

Respondent asserts that it "is not engaged in the practice of law but engaged in giving
legal support services to lawyers and laymen, through experienced paralegals, with the
use of modern computers and electronic machines" (pars. 2 and 3, Comment). This is
absurd. Unquestionably, respondent's acts of holding out itself to the public under the
trade name "The Legal Clinic, Inc.," and soliciting employment for its enumerated
services fall within the realm of a practice which thus yields itself to the regulatory
powers of the Supreme Court. For respondent to say that it is merely engaged in
paralegal work is to stretch credulity. Respondent's own commercial advertisement
which announces a certain Atty. Don Parkinson to be handling the fields of law belies its
pretense. From all indications, respondent "The Legal Clinic, Inc." is offering and
rendering legal services through its reserve of lawyers. It has been held that the practice
of law is not limited to the conduct of cases in court, but includes drawing of deeds,
incorporation, rendering opinions, and advising clients as to their legal right and then
take them to an attorney and ask the latter to look after their case in court See Martin,
Legal and Judicial Ethics, 1984 ed., p. 39).chanroblesvirtualawlibrarychanrobles virtual
law library

It is apt to recall that only natural persons can engage in the practice of law, and such
limitation cannot be evaded by a corporation employing competent lawyers to practice
for it. Obviously, this is the scheme or device by which respondent "The Legal Clinic,
Inc." holds out itself to the public and solicits employment of its legal services. It is
an odious vehicle for deception, especially so when the public cannot ventilate any
grievance for malpractice against the business conduit. Precisely, the limitation of
practice of law to persons who have been duly admitted as members of the Bar (Sec. 1,
Rule 138, Revised Rules of Court) is to subject the members to the discipline of the
Supreme Court. Although respondent uses its business name, the persons and the
lawyers who act for it are subject to court discipline. The practice of law is not a
profession open to all who wish to engage in it nor can it be assigned to another (See 5
Am. Jur. 270). It is a personal right limited to persons who have qualified themselves
under the law. It follows that not only respondent but also all the persons who are acting
for respondent are the persons engaged in unethical law practice. 6

3. Philippine Lawyers' Association:chanrobles virtual law library

The Philippine Lawyers' Association's position, in answer to the issues stated herein,
are wit:

1. The Legal Clinic is engaged in the practice of law;

2. Such practice is unauthorized;

3. The advertisements complained of are not only unethical, but also misleading and
patently immoral; and

4. The Honorable Supreme Court has the power to supress and punish the Legal Clinic
and its corporate officers for its unauthorized practice of law and for its unethical,
misleading and immoral advertising.

xxx xxx xxxchanrobles virtual law library

Respondent posits that is it not engaged in the practice of law. It claims that it merely
renders "legal support services" to answers, litigants and the general public as
enunciated in the Primary Purpose Clause of its Article(s) of Incorporation. (See pages
2 to 5 of Respondent's Comment). But its advertised services, as enumerated above,
clearly and convincingly show that it is indeed engaged in law practice, albeit outside of
court.chanroblesvirtualawlibrarychanrobles virtual law library

As advertised, it offers the general public its advisory services on Persons and Family
Relations Law, particularly regarding foreign divorces, annulment of marriages, secret
marriages, absence and adoption; Immigration Laws, particularly on visa related
problems, immigration problems; the Investments Law of the Philippines and such other
related laws.chanroblesvirtualawlibrarychanrobles virtual law library

Its advertised services unmistakably require the application of the aforesaid law, the
legal principles and procedures related thereto, the legal advices based thereon and
which activities call for legal training, knowledge and
experience.chanroblesvirtualawlibrarychanrobles virtual law library

Applying the test laid down by the Court in the aforecited Agrava Case, the activities of
respondent fall squarely and are embraced in what lawyers and laymen equally term as
"the practice of law." 7

4. U.P. Women Lawyers' Circle:chanrobles virtual law library

In resolving, the issues before this Honorable Court, paramount consideration should be
given to the protection of the general public from the danger of being exploited by
unqualified persons or entities who may be engaged in the practice of
law.chanroblesvirtualawlibrarychanrobles virtual law library

At present, becoming a lawyer requires one to take a rigorous four-year course of study
on top of a four-year bachelor of arts or sciences course and then to take and pass the
bar examinations. Only then, is a lawyer qualified to practice
law.chanroblesvirtualawlibrarychanrobles virtual law library

While the use of a paralegal is sanctioned in many jurisdiction as an aid to the

administration of justice, there are in those jurisdictions, courses of study and/or
standards which would qualify these paralegals to deal with the general public as such.
While it may now be the opportune time to establish these courses of study and/or
standards, the fact remains that at present, these do not exist in the Philippines. In the
meantime, this Honorable Court may decide to make measures to protect the general
public from being exploited by those who may be dealing with the general public in the
guise of being "paralegals" without being qualified to do
so.chanroblesvirtualawlibrarychanrobles virtual law library

In the same manner, the general public should also be protected from the dangers
which may be brought about by advertising of legal services. While it appears that
lawyers are prohibited under the present Code of Professional Responsibility from
advertising, it appears in the instant case that legal services are being advertised not by
lawyers but by an entity staffed by "paralegals." Clearly, measures should be taken to
protect the general public from falling prey to those who advertise legal services without
being qualified to offer such services. 8

A perusal of the questioned advertisements of Respondent, however, seems to give the

impression that information regarding validity of marriages, divorce, annulment of
marriage, immigration, visa extensions, declaration of absence, adoption and foreign
investment, which are in essence, legal matters , will be given to them if they avail of its
services. The Respondent's name - The Legal Clinic, Inc. - does not help matters. It
gives the impression again that Respondent will or can cure the legal problems brought
to them. Assuming that Respondent is, as claimed, staffed purely by paralegals, it also
gives the misleading impression that there are lawyers involved in The Legal Clinic, Inc.,
as there are doctors in any medical clinic, when only "paralegals" are involved in The
Legal Clinic, Inc.chanroblesvirtualawlibrarychanrobles virtual law library

Respondent's allegations are further belied by the very admissions of its President and
majority stockholder, Atty. Nogales, who gave an insight on the structure and main
purpose of Respondent corporation in the aforementioned "Starweek" article." 9

5. Women Lawyer's Association of the Philippines:chanrobles virtual law library

Annexes "A" and "B" of the petition are clearly advertisements to solicit cases for the
purpose of gain which, as provided for under the above cited law, (are) illegal and
against the Code of Professional Responsibility of lawyers in this
country.chanroblesvirtualawlibrarychanrobles virtual law library

Annex "A" of the petition is not only illegal in that it is an advertisement to solicit cases,
but it is illegal in that in bold letters it announces that the Legal Clinic, Inc., could work
out/cause the celebration of a secret marriage which is not only illegal but immoral in
this country. While it is advertised that one has to go to said agency and pay P560 for a
valid marriage it is certainly fooling the public for valid marriages in the Philippines are
solemnized only by officers authorized to do so under the law. And to employ an agency
for said purpose of contracting marriage is not
necessary.chanroblesvirtualawlibrarychanrobles virtual law library

No amount of reasoning that in the USA, Canada and other countries the trend is
towards allowing lawyers to advertise their special skills to enable people to obtain from
qualified practitioners legal services for their particular needs can justify the use of
advertisements such as are the subject matter of the petition, for one (cannot) justify an
illegal act even by whatever merit the illegal act may serve. The law has yet to be
amended so that such act could become
justifiable.chanroblesvirtualawlibrarychanrobles virtual law library
We submit further that these advertisements that seem to project that secret marriages
and divorce are possible in this country for a fee, when in fact it is not so, are highly
reprehensible.chanroblesvirtualawlibrarychanrobles virtual law library

It would encourage people to consult this clinic about how they could go about having a
secret marriage here, when it cannot nor should ever be attempted, and seek advice on
divorce, where in this country there is none, except under the Code of Muslim Personal
Laws in the Philippines. It is also against good morals and is deceitful because it falsely
represents to the public to be able to do that which by our laws cannot be done (and) by
our Code of Morals should not be done.chanroblesvirtualawlibrarychanrobles virtual law
library

In the case (of) In re Taguda, 53 Phil. 37, the Supreme Court held that solicitation for
clients by an attorney by circulars of advertisements, is unprofessional, and offenses of
this character justify permanent elimination from the Bar. 10

6. Federacion Internacional de Abogados:

xxx xxx xxxchanrobles virtual law library

1.7 That entities admittedly not engaged in the practice of law, such as management
consultancy firms or travel agencies, whether run by lawyers or not, perform the
services rendered by Respondent does not necessarily lead to the conclusion that
Respondent is not unlawfully practicing law. In the same vein, however, the fact that the
business of respondent (assuming it can be engaged in independently of the practice of
law) involves knowledge of the law does not necessarily make respondent guilty of
unlawful practice of law.

. . . . Of necessity, no one . . . . acting as a consultant can render effective service

unless he is familiar with such statutes and regulations. He must be careful not to
suggest a course of conduct which the law forbids. It seems . . . .clear that (the
consultant's) knowledge of the law, and his use of that knowledge as a factor in
determining what measures he shall recommend, do not constitute the practice of law . .
. . It is not only presumed that all men know the law, but it is a fact that most men have
considerable acquaintance with broad features of the law . . . . Our knowledge of the
law - accurate or inaccurate - moulds our conduct not only when we are acting for
ourselves, but when we are serving others. Bankers, liquor dealers and laymen
generally possess rather precise knowledge of the laws touching their particular
business or profession. A good example is the architect, who must be familiar with
zoning, building and fire prevention codes, factory and tenement house statutes, and
who draws plans and specification in harmony with the law. This is not practicing
law.chanroblesvirtualawlibrarychanrobles virtual law library

But suppose the architect, asked by his client to omit a fire tower, replies that it is
required by the statute. Or the industrial relations expert cites, in support of some
measure that he recommends, a decision of the National Labor Relations Board. Are
they practicing law? In my opinion, they are not, provided no separate fee is charged for
the legal advice or information, and the legal question is subordinate and incidental to a
major non-legal problem.chanroblesvirtualawlibrarychanrobles virtual law library

It is largely a matter of degree and of custom.chanroblesvirtualawlibrarychanrobles

virtual law library

If it were usual for one intending to erect a building on his land to engage a lawyer to
advise him and the architect in respect to the building code and the like, then an
architect who performed this function would probably be considered to be trespassing
on territory reserved for licensed attorneys. Likewise, if the industrial relations field had
been pre-empted by lawyers, or custom placed a lawyer always at the elbow of the lay
personnel man. But this is not the case. The most important body of the industrial
relations experts are the officers and business agents of the labor unions and few of
them are lawyers. Among the larger corporate employers, it has been the practice for
some years to delegate special responsibility in employee matters to a management
group chosen for their practical knowledge and skill in such matter, and without regard
to legal thinking or lack of it. More recently, consultants like the defendants have the
same service that the larger employers get from their own specialized
staff.chanroblesvirtualawlibrarychanrobles virtual law library

The handling of industrial relations is growing into a recognized profession for which
appropriate courses are offered by our leading universities. The court should be very
cautious about declaring [that] a widespread, well-established method of conducting
business is unlawful, or that the considerable class of men who customarily perform a
certain function have no right to do so, or that the technical education given by our
schools cannot be used by the graduates in their business.

In determining whether a man is practicing law, we should consider his work for any
particular client or customer, as a whole. I can imagine defendant being engaged
primarily to advise as to the law defining his client's obligations to his employees, to
guide his client's obligations to his employees, to guide his client along the path charted
by law. This, of course, would be the practice of the law. But such is not the fact in the
case before me. Defendant's primarily efforts are along economic and psychological
lines. The law only provides the frame within which he must work, just as the zoning
code limits the kind of building the limits the kind of building the architect may plan. The
incidental legal advice or information defendant may give, does not transform his
activities into the practice of law. Let me add that if, even as a minor feature of his work,
he performed services which are customarily reserved to members of the bar, he would
be practicing law. For instance, if as part of a welfare program, he drew employees'
wills.chanroblesvirtualawlibrarychanrobles virtual law library

Another branch of defendant's work is the representations of the employer in the

adjustment of grievances and in collective bargaining, with or without a mediator. This is
not per se the practice of law. Anyone may use an agent for negotiations and may
select an agent particularly skilled in the subject under discussion, and the person
appointed is free to accept the employment whether or not he is a member of the bar.
Here, however, there may be an exception where the business turns on a question of
law. Most real estate sales are negotiated by brokers who are not lawyers. But if the
value of the land depends on a disputed right-of-way and the principal role of the
negotiator is to assess the probable outcome of the dispute and persuade the opposite
party to the same opinion, then it may be that only a lawyer can accept the assignment.
Or if a controversy between an employer and his men grows from differing
interpretations of a contract, or of a statute, it is quite likely that defendant should not
handle it. But I need not reach a definite conclusion here, since the situation is not
presented by the proofs.chanroblesvirtualawlibrarychanrobles virtual law library

Defendant also appears to represent the employer before administrative agencies of the
federal government, especially before trial examiners of the National Labor Relations
Board. An agency of the federal government, acting by virtue of an authority granted by
the Congress, may regulate the representation of parties before such agency. The State
of New Jersey is without power to interfere with such determination or to forbid
representation before the agency by one whom the agency admits. The rules of the
National Labor Relations Board give to a party the right to appear in person, or by
counsel, or by other representative. Rules and Regulations, September 11th, 1946, S.
203.31. 'Counsel' here means a licensed attorney, and ther representative' one not a
lawyer. In this phase of his work, defendant may lawfully do whatever the Labor Board
allows, even arguing questions purely legal. (Auerbacher v. Wood, 53 A. 2d 800, cited
in Statsky, Introduction to Paralegalism [1974], at pp. 154-156.).

1.8 From the foregoing, it can be said that a person engaged in a lawful calling (which
may involve knowledge of the law) is not engaged in the practice of law provided
that:chanrobles virtual law library

(a) The legal question is subordinate and incidental to a major non-legal

problem;.chanroblesvirtualawlibrarychanrobles virtual law library

(b) The services performed are not customarily reserved to members of the bar;
.chanroblesvirtualawlibrarychanrobles virtual law library

(c) No separate fee is charged for the legal advice or

information.chanroblesvirtualawlibrarychanrobles virtual law library

All these must be considered in relation to the work for any particular client as a
whole.chanroblesvirtualawlibrarychanrobles virtual law library

1.9. If the person involved is both lawyer and non-lawyer, the Code of Professional
Responsibility succintly states the rule of conduct:chanrobles virtual law library

Rule 15.08 - A lawyer who is engaged in another profession or occupation concurrently

with the practice of law shall make clear to his client whether he is acting as a lawyer or
in another capacity.chanroblesvirtualawlibrarychanrobles virtual law library
1.10. In the present case. the Legal Clinic appears to render wedding services (See
Annex "A" Petition). Services on routine, straightforward marriages, like securing a
marriage license, and making arrangements with a priest or a judge, may not constitute
practice of law. However, if the problem is as complicated as that described in "Rx for
Legal Problems" on the Sharon Cuneta-Gabby Concepcion-Richard Gomez case, then
what may be involved is actually the practice of law. If a non-lawyer, such as the Legal
Clinic, renders such services then it is engaged in the unauthorized practice of
law.chanroblesvirtualawlibrarychanrobles virtual law library

1.11. The Legal Clinic also appears to give information on divorce, absence, annulment
of marriage and visas (See Annexes "A" and "B" Petition). Purely giving informational
materials may not constitute of law. The business is similar to that of a bookstore where
the customer buys materials on the subject and determines on the subject and
determines by himself what courses of action to
take.chanroblesvirtualawlibrarychanrobles virtual law library

It is not entirely improbable, however, that aside from purely giving information, the
Legal Clinic's paralegals may apply the law to the particular problem of the client, and
give legal advice. Such would constitute unauthorized practice of law.

It cannot be claimed that the publication of a legal text which publication of a legal text
which purports to say what the law is amount to legal practice. And the mere fact that
the principles or rules stated in the text may be accepted by a particular reader as a
solution to his problem does not affect this. . . . . Apparently it is urged that the
conjoining of these two, that is, the text and the forms, with advice as to how the forms
should be filled out, constitutes the unlawful practice of law. But that is the situation with
many approved and accepted texts. Dacey's book is sold to the public at large. There is
no personal contact or relationship with a particular individual. Nor does there exist that
relation of confidence and trust so necessary to the status of attorney and client. THIS
IS THE ESSENTIAL OF LEGAL PRACTICE - THE REPRESENTATION AND
ADVISING OF A PARTICULAR PERSON IN A PARTICULAR SITUATION. At most the
book assumes to offer general advice on common problems, and does not purport to
give personal advice on a specific problem peculiar to a designated or readily identified
person. Similarly the defendant's publication does not purport to give personal advice on
a specific problem peculiar to a designated or readily identified person in a particular
situation - in their publication and sale of the kits, such publication and sale did not
constitutes the unlawful practice of law . . . . There being no legal impediment under the
statute to the sale of the kit, there was no proper basis for the injunction against
defendant maintaining an office for the purpose of selling to persons seeking a divorce,
separation, annulment or separation agreement any printed material or writings relating
to matrimonial law or the prohibition in the memorandum of modification of the judgment
against defendant having an interest in any publishing house publishing his manuscript
on divorce and against his having any personal contact with any prospective purchaser.
The record does fully support, however, the finding that for the change of $75 or $100
for the kit, the defendant gave legal advice in the course of personal contacts
concerning particular problems which might arise in the preparation and presentation of
the purchaser's asserted matrimonial cause of action or pursuit of other legal remedies
and assistance in the preparation of necessary documents (The injunction therefore
sought to) enjoin conduct constituting the practice of law, particularly with reference to
the giving of advice and counsel by the defendant relating to specific problems of
particular individuals in connection with a divorce, separation, annulment of separation
agreement sought and should be affirmed. (State v. Winder, 348, NYS 2D 270 [1973],
cited in Statsky, supra at p. 101.).

1.12. Respondent, of course, states that its services are "strictly non-diagnostic, non-
advisory. "It is not controverted, however, that if the services "involve giving legal advice
or counselling," such would constitute practice of law (Comment, par. 6.2). It is in this
light that FIDA submits that a factual inquiry may be necessary for the judicious
disposition of this case.

xxx xxx xxxchanrobles virtual law library

2.10. Annex "A" may be ethically objectionable in that it can give the impression (or
perpetuate the wrong notion) that there is a secret marriage. With all the solemnities,
formalities and other requisites of marriages (See Articles 2, et seq., Family Code), no
Philippine marriage can be secret.chanroblesvirtualawlibrarychanrobles virtual law
library

2.11. Annex "B" may likewise be ethically objectionable. The second paragraph thereof
(which is not necessarily related to the first paragraph) fails to state the limitation that
only "paralegal services?" or "legal support services", and not legal services, are
available." 11chanrobles virtual law library

A prefatory discussion on the meaning of the phrase "practice of law" becomes exigent
for the proper determination of the issues raised by the petition at bar. On this score, we
note that the clause "practice of law" has long been the subject of judicial construction
and interpretation. The courts have laid down general principles and doctrines
explaining the meaning and scope of the term, some of which we now take into
account.chanroblesvirtualawlibrarychanrobles virtual law library

Practice of law means any activity, in or out of court, which requires the application of
law, legal procedures, knowledge, training and experience. To engage in the practice of
law is to perform those acts which are characteristic of the profession. Generally, to
practice law is to give advice or render any kind of service that involves legal knowledge
or skill. 12chanrobles virtual law library

The practice of law is not limited to the conduct of cases in court. It includes legal advice
and counsel, and the preparation of legal instruments and contract by which legal rights
are secured, although such matter may or may not be pending in a court. 13chanrobles
virtual law library
In the practice of his profession, a licensed attorney at law generally engages in three
principal types of professional activity: legal advice and instructions to clients to inform
them of their rights and obligations, preparation for clients of documents requiring
knowledge of legal principles not possessed by ordinary layman, and appearance for
clients before public tribunals which possess power and authority to determine rights of
life, liberty, and property according to law, in order to assist in proper interpretation and
enforcement of law. 14chanrobles virtual law library

When a person participates in the a trial and advertises himself as a lawyer, he is in the
practice of law. 15One who confers with clients, advises them as to their legal rights and
then takes the business to an attorney and asks the latter to look after the case in court,
is also practicing law. 16Giving advice for compensation regarding the legal status and
rights of another and the conduct with respect thereto constitutes a practice of
law. 17One who renders an opinion as to the proper interpretation of a statute, and
receives pay for it, is, to that extent, practicing law. 18chanrobles virtual law library

In the recent case of Cayetano vs. Monsod, 19after citing the doctrines in several cases,
we laid down the test to determine whether certain acts constitute "practice of law,"
thus:

Black defines "practice of law" as:chanrobles virtual law library

The rendition of services requiring the knowledge and the application of legal principles
and technique to serve the interest of another with his consent. It is not limited to
appearing in court, or advising and assisting in the conduct of litigation, but embraces
the preparation of pleadings, and other papers incident to actions and special
proceedings, conveyancing, the preparation of legal instruments of all kinds, and the
giving of all legal advice to clients. It embraces all advice to clients and all actions taken
for them in matters connected with the law.

The practice of law is not limited to the conduct of cases on court.(Land Title Abstract
and Trust Co. v. Dworken , 129 Ohio St. 23, 193N. E. 650). A person is also considered
to be in the practice of law when he:

. . . . for valuable consideration engages in the business of advising person, firms,

associations or corporations as to their right under the law, or appears in a
representative capacity as an advocate in proceedings, pending or prospective, before
any court, commissioner, referee, board, body, committee, or commission constituted
by law or authorized to settle controversies and there, in such representative capacity,
performs any act or acts for the purpose of obtaining or defending the rights of their
clients under the law. Otherwise stated, one who, in a representative capacity, engages
in the business of advising clients as to their rights under the law, or while so engaged
performs any act or acts either in court or outside of court for that purpose, is engaged
in the practice of law. (State ex. rel. Mckittrick v. C.S. Dudley and Co., 102 S. W. 2d
895, 340 Mo. 852).
This Court, in the case of Philippines Lawyers Association v. Agrava (105 Phil. 173,
176-177),stated:

The practice of law 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 and courts, and in addition, conveying. In general, all advice to clients,
and all action taken for them in matters connected with the law incorporation services,
assessment and condemnation services contemplating an appearance before a judicial
body, the foreclosure of a mortgage, enforcement of a creditor's claim in bankruptcy and
insolvency proceedings, and conducting proceedings in attachment, and in matters or
estate and guardianship have been held to constitute law practice, as do the
preparation and drafting of legal instruments, where the work done involves the
determination by the trained legal mind of the legal effect of facts and conditions. (5 Am.
Jr. p. 262, 263).chanroblesvirtualawlibrarychanrobles virtual law library

Practice of law under modern conditions consists in no small part of work performed
outside of any court and having no immediate relation to proceedings in court. It
embraces conveyancing, the giving of legal advice on a large variety of subjects and the
preparation and execution of legal instruments covering an extensive field of business
and trust relations and other affairs. Although these transactions may have no direct
connection with court proceedings, they are always subject to become involved in
litigation. They require in many aspects a high degree of legal skill, a wide experience
with men and affairs, and great capacity for adaptation to difficult and complex
situations. These customary functions of an attorney or counselor at law bear an
intimate relation to the administration of justice by the courts. No valid distinction, so far
as concerns the question set forth in the order, can be drawn between that part of the
work of the lawyer which involves appearance in court and that part which involves
advice and drafting of instruments in his office. It is of importance to the welfare of the
public that these manifold customary functions be performed by persons possessed of
adequate learning and skill, of sound moral character, and acting at all times under the
heavy trust obligations to clients which rests upon all attorneys. (Moran, Comments on
the Rules o Court, Vol. 3 [1973 ed.], pp. 665-666, citing In Re Opinion of the Justices
[Mass], 194 N. E. 313, quoted in Rhode Is. Bar Assoc. v. Automobile Service Assoc.
[R.I.] 197 A. 139, 144).

The practice of law, therefore, covers a wide range of activities in and out of court.
Applying the aforementioned criteria to the case at bar, we agree with the perceptive
findings and observations of the aforestated bar associations that the activities of
respondent, as advertised, constitute "practice of law."chanrobles virtual law library

The contention of respondent that it merely offers legal support services can neither be
seriously considered nor sustained. Said proposition is belied by respondent's own
description of the services it has been offering, to wit:
Legal support services basically consists of giving ready information by trained
paralegals to laymen and lawyers, which are strictly non-diagnostic, non-advisory,
through the extensive use of computers and modern information technology in the
gathering, processing, storage, transmission and reproduction of information and
communication, such as computerized legal research; encoding and reproduction of
documents and pleadings prepared by laymen or lawyers; document search; evidence
gathering; locating parties or witnesses to a case; fact finding investigations; and
assistance to laymen in need of basic institutional services from government or non-
government agencies, like birth, marriage, property, or business registrations;
educational or employment records or certifications, obtaining documentation like
clearances, passports, local or foreign visas; giving information about laws of other
countries that they may find useful, like foreign divorce, marriage or adoption laws that
they can avail of preparatory to emigration to the foreign country, and other matters that
do not involve representation of clients in court; designing and installing computer
systems, programs, or software for the efficient management of law offices, corporate
legal departments, courts and other entities engaged in dispensing or administering
legal services. 20chanrobles virtual law library

While some of the services being offered by respondent corporation merely involve
mechanical and technical knowhow, such as the installation of computer systems and
programs for the efficient management of law offices, or the computerization of research
aids and materials, these will not suffice to justify an exception to the general
rule.chanroblesvirtualawlibrarychanrobles virtual law library

What is palpably clear is that respondent corporation gives out legal information to
laymen and lawyers. Its contention that such function is non-advisory and non-
diagnostic is more apparent than real. In providing information, for example, about
foreign laws on marriage, divorce and adoption, it strains the credulity of this Court that
all the respondent corporation will simply do is look for the law, furnish a copy thereof to
the client, and stop there as if it were merely a bookstore. With its attorneys and so
called paralegals, it will necessarily have to explain to the client the intricacies of the law
and advise him or her on the proper course of action to be taken as may be provided for
by said law. That is what its advertisements represent and for the which services it will
consequently charge and be paid. That activity falls squarely within the jurisprudential
definition of "practice of law." Such a conclusion will not be altered by the fact that
respondent corporation does not represent clients in court since law practice, as the
weight of authority holds, is not limited merely giving legal advice, contract drafting and
so forth.chanroblesvirtualawlibrarychanrobles virtual law library

The aforesaid conclusion is further strengthened by an article published in the January

13, 1991 issue of the Starweek/The Sunday Magazine of the Philippines Star, entitled
"Rx for Legal Problems," where an insight into the structure, main purpose and
operations of respondent corporation was given by its own "proprietor," Atty. Rogelio P.
Nogales:
This is the kind of business that is transacted everyday at The Legal Clinic, with offices
on the seventh floor of the Victoria Building along U. N. Avenue in Manila. No matter
what the client's problem, and even if it is as complicated as the Cuneta-Concepcion
domestic situation, Atty. Nogales and his staff of lawyers, who, like doctors are
"specialists" in various fields can take care of it. The Legal Clinic, Inc. has specialists in
taxation and criminal law, medico-legal problems, labor, litigation, and family law. These
specialist are backed up by a battery of paralegals, counsellors and
attorneys.chanroblesvirtualawlibrarychanrobles virtual law library

Atty. Nogales set up The Legal Clinic in 1984. Inspired by the trend in the medical field
toward specialization, it caters to clients who cannot afford the services of the big law
firms.chanroblesvirtualawlibrarychanrobles virtual law library

The Legal Clinic has regular and walk-in clients. "when they come, we start by analyzing
the problem. That's what doctors do also. They ask you how you contracted what's
bothering you, they take your temperature, they observe you for the symptoms and so
on. That's how we operate, too. And once the problem has been categorized, then it's
referred to one of our specialists.chanroblesvirtualawlibrary chanrobles virtual law
library

There are cases which do not, in medical terms, require surgery or follow-up treatment.
These The Legal Clinic disposes of in a matter of minutes. "Things like preparing a
simple deed of sale or an affidavit of loss can be taken care of by our staff or, if this
were a hospital the residents or the interns. We can take care of these matters on a
while you wait basis. Again, kung baga sa hospital, out-patient, hindi kailangang ma-
confine. It's just like a common cold or diarrhea," explains Atty.
Nogales.chanroblesvirtualawlibrarychanrobles virtual law library

Those cases which requires more extensive "treatment" are dealt with accordingly. "If
you had a rich relative who died and named you her sole heir, and you stand to inherit
millions of pesos of property, we would refer you to a specialist in taxation. There would
be real estate taxes and arrears which would need to be put in order, and your relative
is even taxed by the state for the right to transfer her property, and only a specialist in
taxation would be properly trained to deal with the problem. Now, if there were other
heirs contesting your rich relatives will, then you would need a litigator, who knows how
to arrange the problem for presentation in court, and gather evidence to support the
case. 21chanrobles virtual law library

That fact that the corporation employs paralegals to carry out its services is not
controlling. What is important is that it is engaged in the practice of law by virtue of the
nature of the services it renders which thereby brings it within the ambit of the statutory
prohibitions against the advertisements which it has caused to be published and are
now assailed in this proceeding.chanroblesvirtualawlibrarychanrobles virtual law library

Further, as correctly and appropriately pointed out by the U.P. WILOCI, said reported
facts sufficiently establish that the main purpose of respondent is to serve as a one-
stop-shop of sorts for various legal problems wherein a client may avail of legal services
from simple documentation to complex litigation and corporate undertakings. Most of
these services are undoubtedly beyond the domain of paralegals, but rather, are
exclusive functions of lawyers engaged in the practice of law. 22chanrobles virtual law
library

It should be noted that in our jurisdiction the services being offered by private
respondent which constitute practice of law cannot be performed by paralegals. Only a
person duly admitted as a member of the bar, or hereafter admitted as such in
accordance with the provisions of the Rules of Court, and who is in good and regular
standing, is entitled to practice law. 23chanrobles virtual law library

Public policy requires that the practice of law be limited to those individuals found duly
qualified in education and character. The permissive right conferred on the lawyers is an
individual and limited privilege subject to withdrawal if he fails to maintain proper
standards of moral and professional conduct. The purpose is to protect the public, the
court, the client and the bar from the incompetence or dishonesty of those unlicensed to
practice law and not subject to the disciplinary control of the court. 24chanrobles virtual
law library

The same rule is observed in the american jurisdiction wherefrom respondent would
wish to draw support for his thesis. The doctrines there also stress that the practice of
law is limited to those who meet the requirements for, and have been admitted to, the
bar, and various statutes or rules specifically so provide. 25The practice of law is not a
lawful business except for members of the bar who have complied with all the
conditions required by statute and the rules of court. Only those persons are allowed to
practice law who, by reason of attainments previously acquired through education and
study, have been recognized by the courts as possessing profound knowledge of legal
science entitling them to advise, counsel with, protect, or defend the rights claims, or
liabilities of their clients, with respect to the construction, interpretation, operation and
effect of law. 26The justification for excluding from the practice of law those not admitted
to the bar is found, not in the protection of the bar from competition, but in the protection
of the public from being advised and represented in legal matters by incompetent and
unreliable persons over whom the judicial department can exercise little
control. 27chanrobles virtual law library

We have to necessarily and definitely reject respondent's position that the concept in
the United States of paralegals as an occupation separate from the law profession be
adopted in this jurisdiction. Whatever may be its merits, respondent cannot but be
aware that this should first be a matter for judicial rules or legislative action, and not of
unilateral adoption as it has done.chanroblesvirtualawlibrarychanrobles virtual law
library

Paralegals in the United States are trained professionals. As admitted by respondent,

there are schools and universities there which offer studies and degrees in paralegal
education, while there are none in the Philippines. 28As the concept of the "paralegals"
or "legal assistant" evolved in the United States, standards and guidelines also evolved
to protect the general public. One of the major standards or guidelines was developed
by the American Bar Association which set up Guidelines for the Approval of Legal
Assistant Education Programs (1973). Legislation has even been proposed to certify
legal assistants. There are also associations of paralegals in the United States with their
own code of professional ethics, such as the National Association of Legal Assistants,
Inc. and the American Paralegal Association. 29chanrobles virtual law library

In the Philippines, we still have a restricted concept and limited acceptance of what may
be considered as paralegal service. As pointed out by FIDA, some persons not duly
licensed to practice law are or have been allowed limited representation in behalf of
another or to render legal services, but such allowable services are limited in scope and
extent by the law, rules or regulations granting permission therefor. 30chanrobles virtual
law library

Accordingly, we have adopted the American judicial policy that, in the absence of
constitutional or statutory authority, a person who has not been admitted as an attorney
cannot practice law for the proper administration of justice cannot be hindered by the
unwarranted intrusion of an unauthorized and unskilled person into the practice of
law. 31That policy should continue to be one of encouraging persons who are unsure of
their legal rights and remedies to seek legal assistance only from persons licensed to
practice law in the state. 32chanrobles virtual law library

Anent the issue on the validity of the questioned advertisements, the Code of
Professional Responsibility provides that a lawyer in making known his legal services
shall use only true, honest, fair, dignified and objective information or statement of
facts. 33He is not supposed to 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. 34Nor shall he pay or give something of value to
representatives of the mass media in anticipation of, or in return for, publicity to attract
legal business. 35Prior to the adoption of the code of Professional Responsibility, the
Canons of Professional Ethics had also warned that lawyers should not resort to indirect
advertisements for professional employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection with causes in
which the lawyer has been or is engaged or concerning the manner of their conduct, the
magnitude of the interest involved, the importance of the lawyer's position, and all other
like self-laudation. 36chanrobles virtual law library

The standards of the legal profession condemn the lawyer's advertisement of his
talents. A lawyer cannot, without violating the ethics of his profession. advertise his
talents or skill as in a manner similar to a merchant advertising his goods. 37The
prescription against advertising of legal services or solicitation of legal business rests on
the fundamental postulate that the that the practice of law is a profession. Thus, in the
case of The Director of Religious Affairs. vs. Estanislao R. Bayot 38 an advertisement,
similar to those of respondent which are involved in the present proceeding, 39was held
to constitute improper advertising or solicitation.chanroblesvirtualawlibrarychanrobles
virtual law library

The pertinent part of the decision therein reads:

It is undeniable that the advertisement in question was a flagrant violation by the

respondent of the ethics of his profession, it being a brazen solicitation of business from
the public. Section 25 of Rule 127 expressly provides among other things that "the
practice of soliciting cases at law for the purpose of gain, either personally or thru paid
agents or brokers, constitutes malpractice." It is highly unethical for an attorney to
advertise his talents or skill as a merchant advertises his wares. Law is a profession and
not a trade. The lawyer degrades himself and his profession who stoops to and adopts
the practices of mercantilism by advertising his services or offering them to the public.
As a member of the bar, he defiles the temple of justice with mercenary activities as the
money-changers of old defiled the temple of Jehovah. "The most worthy and effective
advertisement possible, even for a young lawyer, . . . . is the establishment of a well-
merited reputation for professional capacity and fidelity to trust. This cannot be forced
but must be the outcome of character and conduct." (Canon 27, Code of Ethics.).

We repeat, the canon of the profession tell us that the best advertising possible for a
lawyer is a well-merited reputation for professional capacity and fidelity to trust, which
must be earned as the outcome of character and conduct. Good and efficient service to
a client as well as to the community has a way of publicizing itself and catching public
attention. That publicity is a normal by-product of effective service which is right and
proper. A good and reputable lawyer needs no artificial stimulus to generate it and to
magnify his success. He easily sees the difference between a normal by-product of able
service and the unwholesome result of propaganda. 40chanrobles virtual law library

Of course, not all types of advertising or solicitation are prohibited. The canons of the
profession enumerate exceptions to the rule against advertising or solicitation and
define the extent to which they may be undertaken. The exceptions are of two broad
categories, namely, those which are expressly allowed and those which are necessarily
implied from the restrictions. 41chanrobles virtual law library

The first of such exceptions is the publication in reputable law lists, in a manner
consistent with the standards of conduct imposed by the canons, of brief biographical
and informative data. "Such data must not be misleading and may include only a
statement of the lawyer's name and the names of his professional associates;
addresses, telephone numbers, cable addresses; branches of law practiced; date and
place of birth and admission to the bar; schools attended with dates of graduation,
degrees and other educational distinction; public or quasi-public offices; posts of honor;
legal authorships; legal teaching positions; membership and offices in bar associations
and committees thereof, in legal and scientific societies and legal fraternities; the fact of
listings in other reputable law lists; the names and addresses of references; and, with
their written consent, the names of clients regularly represented." 42chanrobles virtual
law library
The law list must be a reputable law list published primarily for that purpose; it cannot
be a mere supplemental feature of a paper, magazine, trade journal or periodical which
is published principally for other purposes. For that reason, a lawyer may not properly
publish his brief biographical and informative data in a daily paper, magazine, trade
journal or society program. Nor may a lawyer permit his name to be published in a law
list the conduct, management or contents of which are calculated or likely to deceive or
injure the public or the bar, or to lower the dignity or standing of the
profession. 43chanrobles virtual law library

The use of an ordinary simple professional card is also permitted. The card may contain
only a statement of his name, the name of the law firm which he is connected with,
address, telephone number and special branch of law practiced. The publication of a
simple announcement of the opening of a law firm or of changes in the partnership,
associates, firm name or office address, being for the convenience of the profession, is
not objectionable. He may likewise have his name listed in a telephone directory but not
under a designation of special branch of law. 44chanrobles virtual law library

Verily, taking into consideration the nature and contents of the advertisements for which
respondent is being taken to task, which even includes a quotation of the fees charged
by said respondent corporation for services rendered, we find and so hold that the same
definitely do not and conclusively cannot fall under any of the above-mentioned
exceptions.chanroblesvirtualawlibrarychanrobles virtual law library

The ruling in the case of Bates, et al. vs. State Bar of Arizona, 45 which is repeatedly
invoked and constitutes the justification relied upon by respondent, is obviously not
applicable to the case at bar. Foremost is the fact that the disciplinary rule involved in
said case explicitly allows a lawyer, as an exception to the prohibition against
advertisements by lawyers, to publish a statement of legal fees for an initial consultation
or the availability upon request of a written schedule of fees or an estimate of the fee to
be charged for the specific services. No such exception is provided for, expressly or
impliedly, whether in our former Canons of Professional Ethics or the present Code of
Professional Responsibility. Besides, even the disciplinary rule in the Bates case
contains a proviso that the exceptions stated therein are "not applicable in any state
unless and until it is implemented by such authority in that state." 46This goes to show
that an exception to the general rule, such as that being invoked by herein respondent,
can be made only if and when the canons expressly provide for such an exception.
Otherwise, the prohibition stands, as in the case at
bar.chanroblesvirtualawlibrarychanrobles virtual law library

It bears mention that in a survey conducted by the American Bar Association after the
decision in Bates, on the attitude of the public about lawyers after viewing television
commercials, it was found that public opinion dropped significantly 47 with respect to
these characteristics of lawyers:

Trustworthy from 71% to 14%

Professional from 71% to 14%
Honest from 65% to 14%
Dignified from 45% to 14%

Secondly, it is our firm belief that with the present situation of our legal and judicial
systems, to allow the publication of advertisements of the kind used by respondent
would only serve to aggravate what is already a deteriorating public opinion of the legal
profession whose integrity has consistently been under attack lately by media and the
community in general. At this point in time, it is of utmost importance in the face of such
negative, even if unfair, criticisms at times, to adopt and maintain that level of
professional conduct which is beyond reproach, and to exert all efforts to regain the high
esteem formerly accorded to the legal profession.chanroblesvirtualawlibrarychanrobles
virtual law library

In sum, it is undoubtedly a misbehavior on the part of the lawyer, subject to disciplinary

action, to advertise his services except in allowable instances 48or to aid a layman in the
unauthorized practice of law. 49Considering that Atty. Rogelio P. Nogales, who is the
prime incorporator, major stockholder and proprietor of The Legal Clinic, Inc. is a
member of the Philippine Bar, he is hereby reprimanded, with a warning that a repetition
of the same or similar acts which are involved in this proceeding will be dealt with more
severely.chanroblesvirtualawlibrarychanrobles virtual law library

While we deem it necessary that the question as to the legality or illegality of the
purpose/s for which the Legal Clinic, Inc. was created should be passed upon and
determined, we are constrained to refrain from lapsing into an obiter on that aspect
since it is clearly not within the adjudicative parameters of the present proceeding which
is merely administrative in nature. It is, of course, imperative that this matter be promptly
determined, albeit in a different proceeding and forum, since, under the present state of
our law and jurisprudence, a corporation cannot be organized for or engage in the
practice of law in this country. This interdiction, just like the rule against unethical
advertising, cannot be subverted by employing some so-called paralegals supposedly
rendering the alleged support services.chanroblesvirtualawlibrarychanrobles virtual law
library

The remedy for the apparent breach of this prohibition by respondent is the concern and
province of the Solicitor General who can institute the corresponding quo
warranto action, 50 after due ascertainment of the factual background and basis for the
grant of respondent's corporate charter, in light of the putative misuse thereof. That
spin-off from the instant bar matter is referred to the Solicitor General for such action as
may be necessary under the circumstances.chanroblesvirtualawlibrarychanrobles virtual
law library

ACCORDINGLY, the Court Resolved to RESTRAIN and ENJOIN herein respondent,

The Legal Clinic, Inc., from issuing or causing the publication or dissemination of any
advertisement in any form which is of the same or similar tenor and purpose as
Annexes "A" and "B" of this petition, and from conducting, directly or indirectly, any
activity, operation or transaction proscribed by law or the Code of Professional Ethics as
indicated herein. Let copies of this resolution be furnished the Integrated Bar of the
Philippines, the Office of the Bar Confidant and the Office of the Solicitor General for
appropriate action in accordance herewith.
 PATRICK A. CARONAN, Complainant, v. RICHARD A. CARONAN A.K.A. "ATTY.
PATRICK A. CARONAN," Respondent.

DECISION

PER CURIAM:

For the Court's resolution is the Complaint-Affidavit1 filed by complainant Patrick A.

Caronan (complainant), before the Commission on Bar Discipline (CBD) of the
Integrated Bar of the Philippines (IBP), against respondent "Atty. Patrick A. Caronan,"
whose real name is allegedly Richard A. Caronan (respondent), for purportedly
assuming complainant's identity and falsely representing that the former has the
required educational qualifications to take the Bar Examinations and be admitted to the
practice of law.

The Facts

Complainant and respondent are siblings born to Porferio2 R. Caronan, Jr. and Norma
A. Caronan. Respondent is the older of the two, having been born on February 7, 1975,
while complainant was born on August 5, 1976. 3 Both of them completed their
secondary education at the Makati High School where complainant graduated in
19934 and respondent in 1991.5 Upon his graduation, complainant enrolled at the
University of Makati where he obtained a degree in Business Administration in
1997.6 He started working thereafter as a Sales Associate for Philippine Seven
Corporation (PSC), the operator of 7-11 Convenience Stores.7 In 2001, he married
Myrna G. Tagpis with whom he has two (2) daughters. 8 Through the years, complainant
rose from the ranks until, in 2009, he was promoted as a Store Manager of the 7-11
Store in Muntinlupa.9chanrobleslaw

Meanwhile, upon graduating from high school, respondent enrolled at the Pamantasan
ng Lungsod ng Maynila (PLM), where he stayed for one (1) year before transferring to
the Philippine Military Academy (PMA) in 1992.10 In 1993, he was discharged from the
PMA and focused on helping their father in the family's car rental business. In 1997, he
moved to Nueva Vizcaya with his wife, Rosana, and their three (3) children. 11 Since
then, respondent never went back to school to earn a college degree.12chanrobleslaw

In 1999, during a visit to his family in Metro Manila, respondent told complainant that the
former had enrolled in a law school in Nueva Vizcaya. 13 Subsequently, in 2004, their
mother informed complainant that respondent passed the Bar Examinations and that he
used complainant's name and college records from the University of Makati to enroll at
St. Mary's University's College of Law in Bayombong, Nueva Vizcaya and take the Bar
Examinations.14 Complainant brushed these aside as he did not anticipate any adverse
consequences to him.15chanrobleslaw

In 2006, complainant was able to confirm respondent's use of his name and identity
when he saw the name "Patrick A. Caronan" on the Certificate of Admission to the Bar
displayed at the latter's office in Taguig City. 16 Nevertheless, complainant did not
confront respondent about it since he was pre-occupied with his job and had a family to
support.17chanrobleslaw

Sometime in May 2009, however, after his promotion as Store Manager, complainant
was ordered to report to the head office of PSC in Mandaluyong City where, upon
arrival, he was informed that the National Bureau of Investigation (NBI) was requesting
his presence at its office in Taft Avenue, Manila, in relation to an investigation involving
respondent who, at that point, was using the najne "Atty. Patrick A.
Caronan."18 Accordingly, on May 18, 2009, complainant appeared before the Anti-Fraud
and Computer Crimes Division of the NBI where he was interviewed and asked to
identify documents including: (1) his and respondent's high school records; (2) his
transcript of records from the University of Makati; (3) Land Transportation Office's
records showing his and respondent's driver's licenses; (4) records from St. Mary's
University showing that complainant's transcript of records from the University of Makati
and his Birth Certificate were submitted to St. Mary's University's College of Law; and
(5) Alumni Book of St. Mary's University showing respondent's photograph under the
name "Patrick A. Caronan."19 Complainant later learned that the reason why he was
invited by the NBI was because of respondent's involvement in a case for qualified theft
and estafa filed by Mr. Joseph G. Agtarap (Agtarap), who was one of the principal
sponsors at respondent's wedding.20chanrobleslaw

Realizing that respondent had been using his name to perpetrate crimes and commit
unlawful activities, complainant took it upon himself to inform other people that he is the
real "Patrick A. Caronan" and that respondent's real name is Richard A.
Caronan.21 However, problems relating to respondent's use of the name "Atty. Patrick
A. Caronan" continued to hound him. In July 2013, PSC received a letter from Quasha
Ancheta Pena & Nolasco Law Offices requesting that they be furnished with
complainant's contact details or, in the alternative, schedule a meeting with him to
discuss certain matters concerning respondent.22 On the other hand, a fellow church-
member had also told him that respondent who, using the name "Atty. Patrick A.
Caronan," almost victimized his (church-member's) relatives.23 Complainant also
received a phone call from a certain Mrs. Loyda L. Reyes (Reyes), who narrated how
respondent tricked her into believing that he was authorized to sell a parcel of land in
Taguig City when in fact, he was not.24 Further, he learned that respondent was
arrested for gun-running activities, illegal possession of explosives, and violation
of Batas Pambansa Bilang (BP) 22.25cralawredchanrobleslaw

Due to the controversies involving respondent's use of the name "Patrick A. Caronan,"
complainant developed a fear for his own safety and security. 26 He also became the
subject of conversations among his colleagues, which eventually forced him to resign
from his job at PSC.27 Hence, complainant filed the present Complaint-Affidavit to stop
respondent's alleged use of the former's name and identity, and illegal practice of
law.28chanrobleslaw
In his Answer,29 respondent denied all the allegations against him arid invoked res
judicata as a defense. He maintained that his identity can no longer be raised as an
issue as it had already been resolved in CBD Case No. 09-2362 where the IBP Board of
Governors dismissed30 the administrative case31 filed by Agtarap against him, and
which case had already been declared closed and terminated by this Court in A.C. No.
10074.32 Moreover, according to him, complainant is being used by Reyes and her
spouse, Brigadier General Joselito M. Reyes, to humiliate, disgrace, malign, discredit,
and harass him because he filed several administrative and criminal complaints against
them before the Ombudsman.33chanrobleslaw

On March 9, 2015, the IBP-CBD conducted the scheduled mandatory conference where
both parties failed to appear.34 Instead, respondent moved to reset the same on April
20, 2015.35 On such date, however, both parties again failed to appear, thereby
prompting the IBP-CBD to issue an Order36 directing them to file their respective
position papers. However, neither of the parties submitted any. 37chanrobleslaw

The IBP's Report and Recommendation

On June 15, 2015, IBP Investigating Commissioner Jose Villanueva Cabrera

(Investigating Commissioner) issued his Report and Recommendation,38 finding
respondent guilty of illegally and falsely assuming complainant's name, identity, and
academic records.39 He observed that respondent failed to controvert all the allegations
against him and did not present any proof to prove his identity.40 On the other hand,
complainant presented clear and overwhelming evidence that he is the real "Patrick A.
Caronan."41chanrobleslaw

Further, he noted that respondent admitted that he and complainant are siblings when
he disclosed upon his arrest on August 31, 2012 that: (a) his parents are Porferio
Ramos Caronan and Norma Atillo; and (b) he is married to Rosana Halili-
Caronan.42 However, based on the Marriage Certificate issued by the National Statistics
Office (NSO), "Patrick A. Caronan" is married to a certain "Myrna G. Tagpis," not to
Rosana Halili-Caronan.43chanrobleslaw

The Investigating Commissioner also drew attention to the fact that .the photograph
taken of respondent when he was arrested as "Richard A. Caronan" on August 16, 2012
shows the same person as the one in the photograph in the IBP records of "Atty. Patrick
A. Caronan."44 These, according to the Investigating Commissioner, show that
respondent indeed assumed complainant's identity to study law and take the Bar
Examinations.45 Since respondent falsely assumed the name, identity, and academic
records of complainant and the real "Patrick A. Caronan" neither obtained the bachelor
of laws degree nor took the Bar Exams, the Investigating Commissioner recommended
that the name "Patrick A. Caronan" with Roll of Attorneys No. 49069 be dropped and
stricken off the Roll of Attorneys.46 He also recommended that respondent and the
name "Richard A. Caronan" be barred from being admitted as a member of the Bar; and
finally, for making a mockery of the judicial institution, the IBP was directed to institute
appropriate actions against respondent.47chanrobleslaw

On June 30, 2015, the IBP Board of Governors issued Resolution No. XXI-2015-
607,48 adopting the Investigating Commissioner's recommendation.

The Issues Before the Court

The issues in this case are whether or not the IBP erred in ordering that: (a) the name
"Patrick A. Caronan" be stricken off the Roll of Attorneys; and (b) the name "Richard A.
Caronan" be barred from being admitted to the Bar.

The Court's Ruling

After a thorough evaluation of the records, the Court finds no cogent reason to disturb
the findings and recommendations of the IBP.

As correctly observed by the IBP, complainant has established by clear and

overwhelming evidence that he is the real "Patrick A. Caronan" and that respondent,
whose real name is Richard A. Caronan, merely assumed the latter's name, identity,
and academic records to enroll at the St. Mary's University's College of Law, obtain a
law degree, and take the Bar Examinations.

As pointed out by the IBP, respondent admitted that he and complainant are siblings
when he disclosed upon his arrest on August 31, 2012 that his parents are Porferio
Ramos Caronan and Norma Atillo.49 Respondent himself also stated that he is married
to Rosana Halili-Caronan.50 This diverges from the official NSO records showing that
"Patrick A. Caronan" is married to Myrna G. Tagpis, not to Rosana Halili-
Caronan.51 Moreover, the photograph taken of respondent when he was arrested as
"Richard A. Caronan" on August 16, 2012 shows the same person as the one in the
photograph in the IBP records of "Atty. Patrick A. Caronan."52 Meanwhile, complainant
submitted numerous documents showing that he is the real "Patrick A. Caronan,"
among which are: (a) his transcript of records from the University of Makati bearing his
photograph;53 (b) a copy of his high school yearbook with his photograph and the name
"Patrick A. Caronan" under it;54 and (c) NBI clearances obtained in 2010 and
2013.55chanrobleslaw

To the Court's mind, the foregoing indubitably confirm that respondent falsely used
complainant's name, identity, and school records to gain admission to the Bar. Since
complainant - the real "Patrick A. Caronan" - never took the Bar Examinations, the IBP
correctly recommended that the name "Patrick A. Caronan" be stricken off the Roll of
Attorneys.

The IBP was also correct in ordering that respondent, whose real name is "Richard A.
Caronan," be barred from admission to the Bar. Under Section 6, Rule 138 of the Rules
of Court, no applicant for admission to the Bar Examination shall be admitted unless he
had pursued and satisfactorily completed a pre-law course, viz.:

chanRoblesvirtualLawlibrary
Section 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 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 bachelor's degree in arts or sciences with any of the
following subject as major or field of concentration: political science, logic, english,
Spanish, history, and economics. (Emphases supplied)

In the case at hand, respondent never completed his college degree. While he enrolled
at the PLM in 1991, he left a year later and entered the PMA where he was discharged
in 1993 without graduating.56 Clearly, respondent has not completed the requisite pre-
law degree.

The Court does not discount the possibility that respondent may later on complete his
college education and earn a law degree under his real name. However, his false
assumption of his brother's name, identity, and educational records renders him unfit for
admission to the Bar. The practice of law, after all, is not a natural, absolute or
constitutional right to be granted to everyone who demands it. 57 Rather, it is a privilege
limited to citizens of good moral character.58 In In the Matter of the Disqualification of
Bar Examinee Haron S. Meling in the 2002 Bar Examinations and for Disciplinary Action
as Member of the Philippine Shari'a Bar, Atty. Froilan R. Melendrez,59 the Court
explained the essence of good moral character:

chanRoblesvirtualLawlibrary
Good moral character is what a person really is, as distinguished from good reputation
or from the opinion generally entertained of him, the estimate in which . he is held by the
public in the place where he is known. Moral character is not a subjective term but one
which corresponds to objective reality. The standard of personal and professional
integrity is not satisfied by such conduct as it merely enables a person to escape the
penalty of criminal law. Good moral character includes at least common
honesty.[60] (Emphasis supplied)

Here, respondent exhibited his dishonesty and utter lack of moral fitness to be a
member of the Bar when he assumed the name, identity, and school records of his own
brother and dragged the latter into controversies which eventually caused him to fear for
his safety and to resign from PSC where he had been working for years. Good moral
character is essential in those who would be lawyers. 61 This is imperative in the nature
of the office of a lawyer, the trust relation which exists between him and his client, as
well as between him and the court.62chanrobleslaw

Finally, respondent made a mockery of the legal profession by pretending to have the
necessary qualifications to be a lawyer. He also tarnished the image of lawyers with his
alleged unscrupulous activities, which resulted in the filing of several criminal cases
against him. Certainly, respondent and his acts do not have a place in the legal
profession where one of the primary duties of its members is to uphold its integrity and
dignity.63chanrobleslaw

WHEREFORE, respondent Richard A. Caronan a.k.a. "Atty. Patrick A. Caronan"

(respondent) is found GUILTY of falsely assuming the name, identity, and academic
records of complainant Patrick A. Caronan (complainant) to obtain a law degree and
take the Bar Examinations. Accordingly, without prejudice to the filing of appropriate civil
and/or criminal cases, the Court hereby resolves that:

chanRoblesvirtualLawlibrary
(1) the name "Patrick A. Caronan" with Roll of Attorneys No. 49069 is
ordered DROPPED and STRICKEN OFF the Roll of Attorneys;

(2) respondent is PROHIBITED from engaging in the practice of law or making any
representations as a lawyer;

(3) respondent is BARRED from being admitted as a member of the Philippine Bar in
the future;

(4) the Identification Cards issued by the Integrated Bar of the Philippines to respondent
under the name "Atty. Patrick A. Caronan" and the Mandatory Continuing Legal
Education Certificates issued in such name are CANCELLED and/or REVOKED;
and cralawlawlibrary

(5) the Office of the Court Administrator is ordered to CIRCULATE notices and POST in
the bulletin boards of all courts of the country a photograph of respondent with his real
name, " Richard A. Caronan," with a warning that he is not a member of the Philippine
Bar and a statement of his false assumption of the name and identity of "Patrick A.
Caronan."

Let a copy of this Decision be furnished the Office of the Bar Confidant, the Integrated
Bar of the Philippines, and the Office of the Court Administrator.

SO ORDERED.chanRoblesvirtualLawlibrary
 IN THE MATTER OF THE ADMISSION TO THE BAR AND OATH-TAKING OF
SUCCESSFUL BAR APPLICANT AL C. ARGOSINO, Petitioner.

Benedicto Malcontento for Petitioner.

SYLLABUS

1. LEGAL ETHICS; PRACTICE OF LAW; A HIGH PERSONAL PRIVILEGE LIMITED

TO CITIZENS OF GOOD MORAL CHARACTER. — The practice of law is not a natural,
absolute or constitutional right to be granted to everyone who demands it. Rather, it is a
high personal privilege limited to citizens of good moral character, with special
educational qualifications, duly ascertained and certified. The essentiality of good moral
character in those who would be lawyers is stressed in the following excerpts which we
quote with approval and which we regard as having persuasive effect.

2. ID.; ID.; ID.; INQUIRY AS TO THE MORAL CHARACTER IS BROADER IN SCOPE

THAN IN A DISBARMENT PROCEEDING. — It has also been stressed that the
requirement of good moral character is, in fact, of greater importance so far as the
general public and the proper administration of justice are concerned, than the
possession of legal learning. All aspects of moral character and behavior may be
inquired into in respect of those seeking admission to the Bar. The scope of such inquiry
is, indeed, said to be properly broader than inquiry into the moral character of a lawyer
in proceedings for disbarment.

3. ID.; ID.; ID.; RATIONALE. — The requirement of good moral character to be satisfied
by those who would seek admission to the bar must of necessity be more stringent than
the norm of conduct expected from members of the general public. There is a very real
need to prevent a general perception that entry into the legal profession is open to
individuals with inadequate moral qualifications. The growth of such a perception would
signal the progressive destruction of our people’s confidence in their courts of law and
in our legal system as we know it.

RESOLUTION

FELICIANO, J.:

A criminal information was filed on 4 February 1992 with the Regional Trial Court of
Quezon City, Branch 101, charging Mr. A.C. Argosino along with thirteen (13) other
individuals, with the crime of homicide in connection with the death of one Raul
Camaligan on 8 September 1991. The death of Raul Camaligan stemmed from the
infliction of severe physical injuries upon him in the course of "hazing" conducted as
part of university fraternity initiation rites. Mr. Argosino and his co-accused then entered
into plea bargaining with the prosecution and as a result of such bargaining, pleaded
guilty to the lesser offense of homicide through reckless imprudence. This plea was
accepted by the trial court. In a judgment dated 11 February 1993, each of the fourteen
(14) accused individuals was sentenced to suffer imprisonment for a period ranging
from two (2) years, four (4) months and one (1) day to four (4) years.

Eleven (11) days later, Mr. Argosino and his colleagues filed an application for probation
with the lower court. The application for probation was granted in an Order dated 18
June 1993 issued by Regional Trial Court Judge Pedro T. Santiago. The period of
probation was set at two (2) years, counted from the probationer’s initial report to the
probation officer assigned to supervise him.

Less than a month later, on 13 July 1993, Mr. Argosino filed a Petition for Admission to
Take the 1993 Bar Examinations. In this Petition, he disclosed the fact of his criminal
conviction and his then probation status. He was allowed to take the;1993 Bar
Examinations in this Court’s En Banc Resolution dated 14 August 1993. 1 He passed
the Bar Examination. He was not, however, allowed to take the lawyer’s oath of office.

On 15 April 1994, Mr. Argosino filed a Petition with this Court to allow him to take the
attorney’s oath of office and to admit him to the practice of law, averring that Judge
Pedro T. Santiago had terminated his probation period by virtue of an Order dated 11
April 1994. We note that his probation period did not last for more than ten.(10) months
from the time of the Order of Judge Santiago granting him probation dated 18 June
1993. Since then, Mr. Argosino has filed three (3) Motions for Early Resolution of his
Petition for Admission to the Bar.

The practice of law is not a natural, absolute or constitutional right to be granted to

everyone who demands it. Rather, it is a high personal privilege limited to citizens of
good moral character, with special educational qualifications, duly ascertained and
certified. 2 The essentiality of good moral character in those who would be lawyers is
stressed in the following excerpts which we quote with approval and which we regard as
having persuasive effect:chanrob1es virtual 1aw library

In Re Farmer: 3

"x x x

This ‘upright character’ prescribed by the statute, as a condition precedent to the

applicant’s right to receive a license to practice law in North Carolina, and of which he
must, in addition to other requisites, satisfy the court, includes all the elements
necessary to make up such a character. It is something more than an absence of bad
character. It is the good name which the applicant has acquired, or should have
acquired, through association with his fellows. It means that he must have conducted
himself as a man of upright character ordinarily would, or 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. . . .

x x x

And we may pause to say that this requirement of the statute is eminently proper.
Consider for a moment the duties of a lawyer. He is sought as counsellor, and his
advice comes home, in its ultimate effect, to every man’s fireside. Vast interests are
committed to his care; he is the recipient of unbounded trust and confidence; he deals
with his client’s property, reputation, his life, his all. An attorney at law is a sworn officer
of the Court, whose chief concern, as such, is to aid the administration of justice. . . .

x x x" 4

In Re Application of Kaufman, 5 citing Re Law Examination of 1926 (1926) 191 Wis

359, 210 NW 710:jgc:chanrobles.com.ph

"It can also be truthfully said that there exists nowhere greater temptations to deviate
from the straight and narrow path than in the multiplicity of circumstances that arise in
the practice of profession. For these reasons the wisdom of requiring an applicant for
admission to the bar to possess a high moral standard therefore becomes clearly
apparent, and the board of bar examiners, as an arm of the court, is required to cause a
minute examination to be made of the moral standard of each candidate for admission
to practice. . . . It needs no further argument, therefore, to arrive at the conclusion that
the highest degree of scrutiny must be exercised as to the moral character of a
candidate who presents himself for admission to the bar. The evil must, if possible, be
successfully met at its very source, and prevented, for, after a lawyer has once been
admitted, and has pursued his profession, and has established himself therein, a far
more difficult situation is presented to the court when proceedings are instituted for
disbarment and for the recalling and annulment of his license."cralaw virtua1aw library

In Re Keenan: 6

"The right to practice law is not one of the inherent rights of every citizen, as in the right
to carry on an ordinary trade or business. It is a peculiar privilege granted and continued
only to those who demonstrate special fitness in intellectual attainment and in moral
character. All may aspire to it on an absolutely equal basis, but not all will attain it.
Elaborate machinery has been set up to test applicants by standards fair to all and to
separate the fit from the unfit. Only those who pass the test are allowed to enter the
profession, and only those who maintain the standards are allowed to remain in
it."cralaw virtua1aw library

Re Rouss: 7

"Membership in the bar is a privilege burdened with conditions, and a fair private and
professional character is one of them; to refuse admission to an unworthy applicant is
not to punish him for past offense: an examination into character, like the examination
into learning, is merely a test of fitness."cralaw virtua1aw library

Cobb v. Judge of Superior Court: 8

"Attorney’s are licensed because of their learning and ability, so that they may not only
protect the rights and interests of their clients, but be able to assist court in the trial of
the cause. Yet what protection to clients or assistance to courts could such agents give?
They are required to be of good moral character, so that the agents and officers of the
court, which they are, may not bring discredit upon the due administration of the law,
and it is of the highest possible consequence that both those who have not such
qualifications in the first instance, or who, having had them, have fallen therefrom, shall
not be permitted to appear in courts to aid in the administration of justice."cralaw
virtua1aw library

It has also been stressed that the requirement of good moral character is, in fact, of
greater importance so far as the general public and the proper administration of justice
are concerned, than the possession of legal learning:jgc:chanrobles.com.ph

". . . (In re Applicants for License, 55 S.E. 635, 143 N.C. 1, 10 L.R.A. [N.S.] 288, 10
Ann./Cas. 187):chanrob1es virtual 1aw library

‘The-public policy of our state has always been to admit no person to the practice of the
law unless he covered an upright moral character. The possession of this by the
attorney is more important, if anything, to the public and to the proper administration of
justice than legal learning. Legal learning may be acquired in after years, but if the
applicant passes the threshold of the bar with a bad moral character the chances are
that his character will remain bad, and that he will become a disgrace instead of an
ornament to his great calling — a curse instead of a benefit to his community — a Quirk,
a Gammon or a Snap, instead of a Davis, a Smith or a Ruffin.’ 9

All aspects of moral character and behavior may be inquired into in respect of those
seeking admission to the Bar, The scope of such inquiry is, indeed, said to be properly
broader than inquiry into the moral character of a lawyer in proceedings for
disbarment:chanrob1es virtual 1aw library

Re Stepsay: 10

"The inquiry as to the moral character of an attorney in a proceeding for his admission
to practice is broader in scope than in a disbarment proceeding."cralaw virtua1aw library

Re Wells: 11

". . . that an applicant’s contention that upon application for admission to the California
Bar the court cannot reject him for want of good moral character unless it appears that
he has been guilty of acts which would be cause for his disbarment or suspension,
could not be sustained; that the inquiry is broader in its scope than that in a disbarment
proceeding, and the court may receive any evidence which tends to show the
applicant’s character as respects honesty, integrity, and general morality, and may no
doubt refuse admission upon proofs that might not establish his guilt of any of the acts
declared to be causes for disbarment."cralaw virtua1aw library

The requirement of good moral character to be satisfied by those who would seek
admission to the bar must of necessity be more stringent than the norm of conduct
expected from members of the general public. There is a very real need to prevent a
general perception that entry into the legal profession is open to individuals with
inadequate moral qualifications. The growth of such a perception would signal the
progressive destruction of our people’s confidence in their courts of law and in our legal
system as we know it. 12

Mr. Argosino’s participation in the deplorable "hazing" activities certainly fell far short of
the required standard of good moral character. The deliberate (rather than merely
accidental or inadvertent) infliction of severe physical injuries which proximately led to
the death of the unfortunate Raul Camaligan, certainly indicated serious character flaws
on the part of those who inflicted such injuries. Mr. Argosino and his co-accused had
failed to discharge their moral duty to protect the life and well-being of a "neophyte" who
had, by seeking admission to the fraternity involved, reposed trust and confidence in all
of them that, at the very least, he would not be beaten and kicked to death like a
useless stray dog. Thus, participation in the prolonged and mindless physical beatings
inflicted upon Raul Camaligan constituted evident rejection of that moral duty and was
totally irresponsible behavior, which makes impossible a finding that the participant was
then possessed of good moral character.

Now that the original period of probation granted by the trial court has expired, the Court
is prepared to consider de novo the question of whether applicant A.C. Argosino has
purged himself of the obvious deficiency in moral character referred to above. We stress
that good moral character is a requirement possession of which must be demonstrated
not only at the time of application for permission to take the bar examinations but also,
and more importantly, at-the time of application for admission to the bar and to take the
attorney’s oath of office.

Mr. Argosino must, therefore, submit to this Court, for its examination and consideration,
evidence that he may be now regarded as complying with the requirement of good
moral character imposed upon those seeking admission to the bar. His evidence may
consist, inter alia, of sworn certifications from responsible members of the community
who have a good reputation for truth and who have actually known Mr. Argosino for a
significant period of time, particularly since the judgment of conviction was rendered by
Judge Santiago. He should show to the Court how he has tried to make up for the
senseless killing of a helpless student to the family of the deceased student and to the
community at large. Mr. Argosino must, in other words, submit relevant evidence to
show that he is a different person now, that he has become morally fit for admission to
the ancient and learned profession of the law.
Finally, Mr. Argosino is hereby DIRECTED to inform this Court, by appropriate written
manifestation, of the names and addresses of the father and mother (in default thereof,
brothers and sisters, if any, of Raul Camaligan), within ten.(10) days from notice hereof.
Let a copy of this Resolution be furnished to the parents or brothers and sisters, if any,
of Raul Camaligan.
 DONNA MARIE S. AGUIRRE, complainant, vs. EDWIN L. RANA, respondent.

DECISION

CARPIO, J.:

The Case

Before one is admitted to the Philippine Bar, he must possess the requisite moral
integrity for membership in the legal profession. Possession of moral integrity is of
greater importance than possession of legal learning. The practice of law is a privilege
bestowed only on the morally fit. A bar candidate who is morally unfit cannot practice
law even if he passes the bar examinations.

The Facts

Respondent Edwin L. Rana (respondent) was among those who passed the 2000 Bar
Examinations.

On 21 May 2001, one day before the scheduled mass oath-taking of successful bar
examinees as members of the Philippine Bar, complainant Donna Marie Aguirre
(complainant) filed against respondent a Petition for Denial of Admission to the
Bar. Complainant charged respondent with unauthorized practice of law, grave
misconduct, violation of law, and grave misrepresentation.

The Court allowed respondent to take his oath as a member of the Bar during the
scheduled oath-taking on 22 May 2001 at the Philippine International Convention
Center. However, the Court ruled that respondent could not sign the Roll of Attorneys
pending the resolution of the charge against him. Thus, respondent took the lawyers
oath on the scheduled date but has not signed the Roll of Attorneys up to now.

Complainant charges respondent for unauthorized practice of law and grave

misconduct. Complainant alleges that respondent, while not yet a lawyer, appeared as
counsel for a candidate in the May 2001 elections before the Municipal Board of
Election Canvassers (MBEC) of Mandaon, Masbate. Complainant further alleges that
respondent filed with the MBEC a pleading dated 19 May 2001 entitled Formal
Objection to the Inclusion in the Canvassing of Votes in Some Precincts for the Office of
Vice-Mayor. In this pleading, respondent represented himself as counsel for and in
behalf of Vice Mayoralty Candidate, George Bunan, and signed the pleading as counsel
for George Bunan (Bunan).

On the charge of violation of law, complainant claims that respondent is a municipal

government employee, being a secretary of the Sangguniang Bayan of Mandaon,
Masbate. As such, respondent is not allowed by law to act as counsel for a client in any
court or administrative body.
On the charge of grave misconduct and misrepresentation, complainant accuses
respondent of acting as counsel for vice mayoralty candidate George Bunan (Bunan)
without the latter engaging respondents services. Complainant claims that respondent
filed the pleading as a ploy to prevent the proclamation of the winning vice mayoralty
candidate.

On 22 May 2001, the Court issued a resolution allowing respondent to take the lawyers
oath but disallowed him from signing the Roll of Attorneys until he is cleared of the
charges against him. In the same resolution, the Court required respondent to comment
on the complaint against him.

In his Comment, respondent admits that Bunan sought his specific assistance to
represent him before the MBEC. Respondent claims that he decided to assist and
advice Bunan, not as a lawyer but as a person who knows the law. Respondent admits
signing the 19 May 2001 pleading that objected to the inclusion of certain votes in the
canvassing. He explains, however, that he did not sign the pleading as a lawyer or
represented himself as an attorney in the pleading.

On his employment as secretary of the Sangguniang Bayan, respondent claims that he

submitted his resignation on 11 May 2001 which was allegedly accepted on the same
date. He submitted a copy of the Certification of Receipt of Revocable Resignation
dated 28 May 2001 signed by Vice-Mayor Napoleon Relox. Respondent further claims
that the complaint is politically motivated considering that complainant is the daughter of
Silvestre Aguirre, the losing candidate for mayor of Mandaon, Masbate. Respondent
prays that the complaint be dismissed for lack of merit and that he be allowed to sign
the Roll of Attorneys.

On 22 June 2001, complainant filed her Reply to respondents Comment and refuted the
claim of respondent that his appearance before the MBEC was only to extend specific
assistance to Bunan. Complainant alleges that on 19 May 2001 Emily Estipona-Hao
(Estipona-Hao) filed a petition for proclamation as the winning candidate for mayor.
Respondent signed as counsel for Estipona-Hao in this petition. When respondent
appeared as counsel before the MBEC, complainant questioned his appearance on two
grounds: (1) respondent had not taken his oath as a lawyer; and (2) he was an
employee of the government.

Respondent filed a Reply (Re: Reply to Respondents Comment) reiterating his claim
that the instant administrative case is motivated mainly by political vendetta.

On 17 July 2001, the Court referred the case to the Office of the Bar Confidant (OBC)
for evaluation, report and recommendation.

OBCs Report and Recommendation

The OBC found that respondent indeed appeared before the MBEC as counsel for
Bunan in the May 2001 elections. The minutes of the MBEC proceedings show that
respondent actively participated in the proceedings. The OBC likewise found that
respondent appeared in the MBEC proceedings even before he took the lawyers oath
on 22 May 2001. The OBC believes that respondents misconduct casts a serious doubt
on his moral fitness to be a member of the Bar. The OBC also believes that
respondents unauthorized practice of law is a ground to deny his admission to the
practice of law. The OBC therefore recommends that respondent be denied admission
to the Philippine Bar.

On the other charges, OBC stated that complainant failed to cite a law which
respondent allegedly violated when he appeared as counsel for Bunan while he was a
government employee. Respondent resigned as secretary and his resignation was
accepted. Likewise, respondent was authorized by Bunan to represent him before the
MBEC.

The Courts Ruling

We agree with the findings and conclusions of the OBC that respondent engaged in the
unauthorized practice of law and thus does not deserve admission to the Philippine Bar.

Respondent took his oath as lawyer on 22 May 2001. However, the records show that
respondent appeared as counsel for Bunan prior to 22 May 2001, before respondent
took the lawyers oath. In the pleading entitled Formal Objection to the Inclusion in the
Canvassing of Votes in Some Precincts for the Office of Vice-Mayor dated 19 May
2001, respondent signed as counsel for George Bunan. In the first paragraph of the
same pleading respondent stated that he was the (U)ndersigned Counsel for, and in
behalf of Vice Mayoralty Candidate, GEORGE T. BUNAN. Bunan himself wrote the
MBEC on 14 May 2001 that he had authorized Atty. Edwin L. Rana as his counsel to
represent him before the MBEC and similar bodies.

On 14 May 2001, mayoralty candidate Emily Estipona-Hao also retained respondent as

her counsel. On the same date, 14 May 2001, Erly D. Hao informed the MBEC that Atty.
Edwin L. Rana has been authorized by REFORMA LM-PPC as the legal counsel of the
party and the candidate of the said party. Respondent himself wrote the MBEC on 14
May 2001 that he was entering his appearance as counsel for Mayoralty Candidate
Emily Estipona-Hao and for the REFORMA LM-PPC. On 19 May 2001, respondent
signed as counsel for Estipona-Hao in the petition filed before the MBEC praying for the
proclamation of Estipona-Hao as the winning candidate for mayor of Mandaon,
Masbate.

All these happened even before respondent took the lawyers oath. Clearly, respondent
engaged in the practice of law without being a member of the Philippine Bar.

In Philippine Lawyers Association v. Agrava,1 the Court elucidated that:

The practice of law 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 and courts, and in addition, conveyancing. In general, all advice to clients,
and all action taken for them in matters connected with the law, incorporation services,
assessment and condemnation services contemplating an appearance before a judicial
body, the foreclosure of a mortgage, enforcement of a creditor's claim in bankruptcy and
insolvency proceedings, and conducting proceedings in attachment, and in matters of
estate and guardianship have been held to constitute law practice, as do the
preparation and drafting of legal instruments, where the work done involves the
determination by the trained legal mind of the legal effect of facts and conditions. (5 Am.
Jur. p. 262, 263). (Italics supplied) x x x

In Cayetano v. Monsod,2 the Court held that practice of law means any activity, in or
out of court, which requires the application of law, legal procedure, knowledge, training
and experience. To engage in the practice of law is to perform acts which are usually
performed by members of the legal profession. Generally, to practice law is to render
any kind of service which requires the use of legal knowledge or skill.

Verily, respondent was engaged in the practice of law when he appeared in the
proceedings before the MBEC and filed various pleadings, without license to do so.
Evidence clearly supports the charge of unauthorized practice of law. Respondent
called himself counsel knowing fully well that he was not a member of the Bar. Having
held himself out as counsel knowing that he had no authority to practice law,
respondent has shown moral unfitness to be a member of the Philippine
Bar.3cräläwvirtualibräry

The right to practice law is not a natural or constitutional right but is a privilege. It is
limited to persons of good moral character with special qualifications duly ascertained
and certified. The exercise of this privilege presupposes possession of integrity, legal
knowledge, educational attainment, and even public trust 4 since a lawyer is an officer of
the court. 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 examinations, if the person seeking admission had
practiced law without a license.5cräläwvirtualibräry

The regulation of the practice of law is unquestionably strict. In Beltran, Jr. v. Abad,6 a
candidate passed the bar examinations but had not taken his oath and signed the Roll
of Attorneys. He was held in contempt of court for practicing law even before his
admission to the Bar. Under Section 3 (e) of Rule 71 of the Rules of Court, a person
who engages in the unauthorized practice of law is liable for indirect contempt of
court.7cräläwvirtualibräry

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.8 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.9cräläwvirtualibräry

On the charge of violation of law, complainant contends that the law does not allow
respondent to act as counsel for a private client in any court or administrative body
since respondent is the secretary of the Sangguniang Bayan.

Respondent tendered his resignation as secretary of the Sangguniang Bayan prior to

the acts complained of as constituting unauthorized practice of law. In his letter dated
11 May 2001 addressed to Napoleon Relox, vice- mayor and presiding officer of the
Sangguniang Bayan, respondent stated that he was resigning effective upon your
acceptance.10 Vice-Mayor Relox accepted respondents resignation effective 11 May
2001.11 Thus, the evidence does not support the charge that respondent acted as
counsel for a client while serving as secretary of the Sangguniang Bayan.

On the charge of grave misconduct and misrepresentation, evidence shows that Bunan
indeed authorized respondent to represent him as his counsel before the MBEC and
similar bodies. While there was no misrepresentation, respondent nonetheless had no
authority to practice law.

WHEREFORE, respondent Edwin L. Rana is DENIED admission to the Philippine Bar.

SO ORDERED.
SOPHIA ALAWI, Complainant, vs. ASHARY M. ALAUYA, Clerk of Court VI, Shari'a
District Court, Marawi City, Respondent.

DECISION

NARVASA, C.J.:

Sophia Alawi was (and presumably still is) a sales representative (or coordinator) of E.
B. Villarosa & Partners Co., Ltd. of Davao City, a real estate and housing company.
Ashari M. Alauya is the incumbent executive clerk of court of the 4th Judicial Shari'a
District in Marawi City. They were classmates, and used to be friends.

It appears that through Alawi's agency, a contract was executed for the purchase on
installments by Alauya of one of the housing units belonging to the above mentioned
firm (hereafter, simply Villarosa & Co.); and in connection therewith, a housing loan was
also granted to Alauya by the National Home Mortgage Finance Corporation (NHMFC).

Not long afterwards, or more precisely on December 15, 1995, Alauya addressed a
letter to the President of Villarosa & Co. advising of the termination of his contract with
the company. He wrote:

" ** I am formally and officially withdrawing from and notifying you of my intent to
terminate the Contract/Agreement entered into between me and your company, as
represented by your Sales Agent/Coordinator, SOPHIA ALAWI, of your company's
branch office here in Cagayan de Oro City, on the grounds that my consent was vitiated
by gross misrepresentation, deceit, fraud, dishonesty and abuse of confidence by the
aforesaid sales agent which made said contract void ab initio. Said sales agent acting in
bad faith perpetrated such illegal and unauthorized acts which made said contract an
Onerous Contract prejudicial to my rights and interests."

He then proceeded to expound in considerable detail and quite acerbic language on the
"grounds which could evidence the bad faith, deceit, fraud, misrepresentation,
dishonesty and abuse of confidence by the unscrupulous sales agent ** ;" and closed
with the plea that Villarosa & Co. "agree for the mutual rescission of our contract, even
as I inform you that I categorically state on record that I am terminating the contract **. I
hope I do not have to resort to any legal action before said onerous and manipulated
contract against my interest be annulled. I was actually fooled by your sales agent,
hence the need to annul the controversial contract."

Alauya sent a copy of the letter to the Vice-President of Villarosa & Co. at San Pedro,
Gusa, Cagayan de Oro City. The envelope containing it, and which actually went
through the post, bore no stamps. Instead at the right hand corner above the description
of the addressee, the words, "Free Postage PD 26," had been typed.

On the same date, December 15, 1995, Alauya also wrote to Mr. Fermin T. Arzaga,
Vice-President, Credit & Collection Group of the National Home Mortgage Finance
Corporation (NHMFC) at Salcedo Village, Makati City, repudiating as fraudulent and
void his contract with Villarosa & Co.; and asking for cancellation of his housing loan in
connection therewith, which was payable from salary deductions at the rate
of P4,338.00 a month. Among other things, he said:

" ** (T)hrough this written notice, I am terminating, as I hereby annul, cancel, rescind
and voided, the 'manipulated contract' entered into between me and the E.B. Villarosa &
Partner Co., Ltd., as represented by its sales agent/coordinator, SOPHIA ALAWI, who
maliciously and fraudulently manipulated said contract and unlawfully secured and
pursued the housing loan without my authority and against my will. Thus, the contract
itself is deemed to be void ab initio in view of the attending circumstances, that my
consent was vitiated by misrepresentation, fraud, deceit, dishonesty, and abuse of
confidence; and that there was no meeting of the minds between me and the swindling
sales agent who concealed the real facts from me."

And, as in his letter to Villarosa & Co., he narrated in some detail what he took to be the
anomalous actuations of Sophia Alawi.

Alauya wrote three other letters to Mr. Arzaga of the NHMFC, dated February 21, 1996,
April 15, 1996, and May 3, 1996, in all of which, for the same reasons already cited, he
insisted on the cancellation of his housing loan and discontinuance of deductions from
his salary on account thereof.a He also wrote on January 18, 1996 to Ms. Corazon M.
Ordoez, Head of the Fiscal Management & Budget Office, and to the Chief, Finance
Division, both of this Court, to stop deductions from his salary in relation to the loan in
question, again asserting the anomalous manner by which he was allegedly duped into
entering into the contracts by "the scheming sales agent."b

The upshot was that in May, 1996, the NHMFC wrote to the Supreme Court requesting
it to stop deductions on Alauya's UHLP loan "effective May 1996," and began
negotiating with Villarosa & Co. "for the buy-back of ** (Alauya's) mortgage, and ** the
refund of ** (his) payments."c

On learning of Alauya's letter to Villarosa & Co. of December 15, 1995, Sophia Alawi
filed with this Court a verified complaint dated January 25, 1996 -- to which she
appended a copy of the letter, and of the above mentioned envelope bearing the
typewritten words, "Free Postage PD 26."1 In that complaint, she accused Alauya of:

1. "Imputation of malicious and libelous charges with no solid grounds through manifest
ignorance and evident bad faith;"

2. "Causing undue injury to, and blemishing her honor and established reputation;"

3. "Unauthorized enjoyment of the privilege of free postage **;" and

4. Usurpation of the title of "attorney," which only regular members of the Philippine Bar
may properly use.
She deplored Alauya's references to her as "unscrupulous, swindler, forger,
manipulator, etc." without "even a bit of evidence to cloth (sic) his allegations with the
essence of truth," denouncing his imputations as irresponsible, "all concoctions, lies,
baseless and coupled with manifest ignorance and evident bad faith," and asserting that
all her dealings with Alauya had been regular and completely transparent. She closed
with the plea that Alauya "be dismissed from the service, or be appropriately disciplined
(sic) ** "

The Court resolved to order Alauya to comment on the complaint. Conformably with
established usage that notices of resolutions emanate from the corresponding Office of
the Clerk of Court, the notice of resolution in this case was signed by Atty. Alfredo P.
Marasigan, Assistant Division Clerk of Court.2chanroblesvirtuallawlibrary

Alauya first submitted a "Preliminary Comment"3 in which he questioned the authority of

Atty. Marasigan to require an explanation of him, this power pertaining, according to
him, not to "a mere Asst. Div. Clerk of Court investigating an Executive Clerk of Court."
but only to the District Judge, the Court Administrator or the Chief Justice, and voiced
the suspicion that the Resolution was the result of a "strong link" between Ms. Alawi and
Atty. Marasigan's office. He also averred that the complaint had no factual basis; Alawi
was envious of him for being not only "the Executive Clerk of court and ex-officio
Provincial Sheriff and District Registrar," but also "a scion of a Royal Family **." 4

In a subsequent letter to Atty. Marasigan, but this time in much less aggressive, even
obsequious tones,5 Alauya requested the former to give him a copy of the complaint in
order that he might comment thereon.6 He stated that his acts as clerk of court were
done in good faith and within the confines of the law; and that Sophia Alawi as sales
agent of Villarosa & Co. had, by falsifying his signature, fraudulently bound him to a
housing loan contract entailing monthly deductions of P4,333.10 from his salary.

And in his comment thereafter submitted under date of June 5, 1996, Alauya contended
that it was he who had suffered "undue injury, mental anguish, sleepless nights,
wounded feelings and untold financial suffering," considering that in six months, a total
of P26,028.60 had been deducted from his salary.7 He declared that there was no basis
for the complaint; in communicating with Villarosa & Co. he had merely acted in defense
of his rights. He denied any abuse of the franking privilege, saying that he gave P20.00
plus transportation fare to a subordinate whom he entrusted with the mailing of certain
letters; that the words: "Free Postage PD 26," were typewritten on the envelope by
some other person, an averment corroborated by the affidavit of Absamen C. Domocao,
Clerk IV (subscribed and sworn to before respondent himself, and attached to the
comment as Annex J);8 and as far as he knew, his subordinate mailed the letters with
the use of the money he had given for postage, and if those letters were indeed mixed
with the official mail of the court, this had occurred inadvertently and because of an
honest mistake.9chanroblesvirtuallawlibrary

Alauya justified his use of the title, "attorney," by the assertion that it is "lexically
synonymous" with "Counsellors-at-law," a title to which Shari'a lawyers have a rightful
claim, adding that he prefers the title of "attorney" because "counsellor" is often
mistaken for "councilor," "konsehal or the Maranao term "consial," connoting a local
legislator beholden to the mayor. Withal, he does not consider himself a lawyer.

He pleads for the Court's compassion, alleging that what he did "is expected of any man
unduly prejudiced and injured."10 He claims he was manipulated into reposing his trust
in Alawi, a classmate and friend.11 He was induced to sign a blank contract on Alawi's
assurance that she would show the completed document to him later for correction, but
she had since avoided him; despite "numerous letters and follow-ups" he still does not
know where the property -- subject of his supposed agreement with Alawi's principal,
Villarosa & Co. -- is situated;12 He says Alawi somehow got his GSIS policy from his
wife, and although she promised to return it the next day, she did not do so until after
several months. He also claims that in connection with his contract with Villarosa & Co.,
Alawi forged his signature on such pertinent documents as those regarding the down
payment, clearance, lay-out, receipt of the key of the house, salary deduction, none of
which he ever saw.13chanroblesvirtuallawlibrary

Averring in fine that his acts in question were done without malice, Alauya prays for the
dismissal of the complaint for lack of merit, it consisting of "fallacious, malicious and
baseless allegations," and complainant Alawi having come to the Court with unclean
hands, her complicity in the fraudulent housing loan being apparent and demonstrable.

It may be mentioned that in contrast to his two (2) letters to Assistant Clerk of Court
Marasigan (dated April 19, 1996 and April 22, 1996), and his two (2) earlier letters both
dated December 15, 1996 -- all of which he signed as "Atty. Ashary M. Alauya" -- in his
Comment of June 5, 1996, he does not use the title but refers to himself as "DATU
ASHARY M. ALAUYA."

The Court referred the case to the Office of the Court Administrator for evaluation,
report and recommendation.14chanroblesvirtuallawlibrary

The first accusation against Alauya is that in his aforesaid letters, he made "malicious
and libelous charges (against Alawi) with no solid grounds through manifest ignorance
and evident bad faith," resulting in "undue injury to (her) and blemishing her honor and
established reputation." In those letters, Alauya had written inter alia that:

1) Alawi obtained his consent to the contracts in question "by gross misrepresentation,
deceit, fraud, dishonesty and abuse of confidence;"

2) Alawi acted in bad faith and perpetrated ** illegal and unauthorized acts ** **
prejudicial to ** (his) rights and interests;"

3) Alawi was an "unscrupulous (and "swindling") sales agent" who had fooled him by
"deceit, fraud, misrepresentation, dishonesty and abuse of confidence;" and
4) Alawi had maliciously and fraudulently manipulated the contract with Villarosa & Co.,
and unlawfully secured and pursued the housing loan without ** (his) authority and
against ** (his) will," and "concealed the real facts **."

Alauya's defense essentially is that in making these statements, he was merely acting in
defense of his rights, and doing only what "is expected of any man unduly prejudiced
and injured," who had suffered "mental anguish, sleepless nights, wounded feelings and
untold financial suffering," considering that in six months, a total of P26,028.60 had
been deducted from his salary.15chanroblesvirtuallawlibrary

The Code of Conduct and Ethical Standards for Public Officials and Employees (RA
6713) inter alia enunciates the State policy of promoting a high standard of ethics and
utmost responsibility in the public service.16 Section 4 of the Code commands that
"(p)ublic officials and employees ** at all times respect the rights of others, and ** refrain
from doing acts contrary to law, good morals, good customs, public policy, public order,
public safety and public interest."17 More than once has this Court emphasized that "the
conduct and behavior of every official and employee of an agency involved in the
administration of justice, from the presiding judge to the most junior clerk, should be
circumscribed with the heavy burden of responsibility. Their conduct must at all times be
characterized by, among others, strict propriety and decorum so as to earn and keep
the respect of the public for the judiciary."18

Now, it does not appear to the Court consistent with good morals, good customs or
public policy, or respect for the rights of others, to couch denunciations of acts believed
-- however sincerely -- to be deceitful, fraudulent or malicious, in excessively
intemperate. insulting or virulent language. Alauya is evidently convinced that he has a
right of action against Sophia Alawi. The law requires that he exercise that right with
propriety, without malice or vindictiveness, or undue harm to anyone; in a manner
consistent with good morals, good customs, public policy, public order, supra; or
otherwise stated, that he "act with justice, give everyone his due, and observe honesty
and good faith."19 Righteous indignation, or vindication of right cannot justify resort to
vituperative language, or downright name-calling. As a member of the Shari'a Bar and
an officer of a Court, Alawi is subject to a standard of conduct more stringent than for
most other government workers. As a man of the law, he may not use language which
is abusive, offensive, scandalous, menacing, or otherwise improper. 20 As a judicial
employee, it is expected that he accord respect for the person and the rights of others at
all times, and that his every act and word should be characterized by prudence,
restraint, courtesy, dignity. His radical deviation from these salutary norms might
perhaps be mitigated, but cannot be excused, by his strongly held conviction that he
had been grievously wronged.

As regards Alauya's use of the title of "Attorney," this Court has already had occasion to
declare that persons who pass the Shari'a Bar are not full-fledged members of the
Philippine Bar, hence may only practice law before Shari'a courts. 21 While one who has
been admitted to the Shari'a Bar, and one who has been admitted to the Philippine Bar,
may both be considered "counsellors," in the sense that they give counsel or advice in a
professional capacity, only the latter is 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 Integrated Bar of the Philippines
and remain members thereof in good standing; and it is they only who are authorized to
practice law in this jurisdiction.

Alauya says he does not wish to use the title, "counsellor" or "counsellor-at-law,"
because in his region, there are pejorative connotations to the term, or it is confusingly
similar to that given to local legislators. The ratiocination, valid or not, is of no moment.
His disinclination to use the title of "counsellor" does not warrant his use of the title of
attorney.

Finally, respecting Alauya's alleged unauthorized use of the franking privilege, the
record contains no evidence adequately establishing the accusation.

WHEREFORE, respondent Ashari M. Alauya is hereby REPRIMANDED for the use of

excessively intemperate, insulting or virulent language, i.e., language unbecoming a
judicial officer, and for usurping the title of attorney; and he is warned that any similar or
other impropriety or misconduct in the future will be dealt with more severely.

SO ORDERED.