Part I PRACTICE OF LAW

What is the Practice of law?

The practice of law is a sacred and noble profession. It is limited to persons of good moral character
with special qualifications duly ascertained and certified. The right does not only presuppose in its
possessor integrity, legal standing and attainment, but also the exercise of a special privilege, highly
personal and partaking of the nature of a public trust.(Prieto vs. Atty. Corpuz et al. 2006)
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 those
acts which are characteristics of the profession. Generally, to practice law is to give notice or render
any kind of service, which device or service requires the use in any degree of legal knowledge or
skill." (Cayetano vs. Monsod, 1991)
The practice of law is a privilege, not a right.
The practice of law is a privilege bestowed upon by the state. The Supreme Court, as according to
the constitution, has the power to promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of
law, the Integrated Bar, and legal assistance to the underprivileged.
The practice of law is a privilege given to those who possess and continue to possess the legal
qualifications for the profession.44 Good moral character is not only required for admission to the
Bar, but must also be retained in order to maintain one's good standing in this exclusive and
honored fraternity.45 (Escraela vs. Pangalangan, 2015)
Duties of an Attorney according to the Rules of court
Section 20. Duties of attorneys. — It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and
obey the laws of the Philippines.
(b) To observe and maintain the respect due to the courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable under the law.
(d) To employ, for the purpose of maintaining the causes confided to him, such means only as are
consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an
artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his
client, and to accept no compensation in connection with his client's business except from him or
with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is charged;
(g) Not to encourage either the commencement or the continuance of an action or proceeding, or
delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to present every defense that the law permits, to the
end that no person may be deprived of life or liberty, but by due process of law.
The practice of law is not a Money making business
The practice of law is intimately and peculiarly related to the administration of justice and should
not be considered like an ordinary "money-making trade” (IN THE MATTER OF THE PETITION FOR
AUTHORITY TO CONTINUE USE OF THE FIRM NAME "OZAETA, ROMULO, DE LEON, MABANTA & REYES."
RICARDO J. ROMULO, BENJAMIN M. DE LEON, ROMAN MABANTA, JR., JOSE MA, REYES, JESUS S. J.
SAYOC, EDUARDO DE LOS ANGELES, and JOSE F. BUENAVENTURA, 1979)
The practice of law is a profession and not a business; lawyers should not advertise their talents as
merchants advertise their wares.13 To allow a lawyer to advertise his talent or skill is to
commercialize the practice of law, degrade the profession in the public’s estimation and impair its
ability to efficiently render that high character of service to which every member of the bar is
called.1(LIinsangan, vs.Atty. Tolentino, 2009)
Part II ADIMISSION TO THE PRACTICE OF LAW
Admission to the Practice of Law:
The Supreme Court has the power to control and regulate the practice of law. As such, the
Constitution under Article VIII Sec. 5 provides:
Sec. 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of Constitutional rights, pleading,
Practice and Procedure in all courts, the admission to practice of law, the integrated bar, and legal
assistance to the under privileged.
This is further given life under Rule 138 Sec. 1 and Sec. 2 of the Rules of Court:
Section 1. Who may practice law. — Any person heretofore duly admitted as a member of the bar, or
hereafter admitted as such in accordance with the provisions of this rule, and who is in good and
regular standing, is entitled to practice law.
As aptly stated in the case of (Re: Petition of Al Argosino to Take the Lawyers Oath b.M. No. 712
March 19, 1997)
“The Practice of Law is a privilege granted only to those who possess the strict intellectual and moral
qualifications required of Lawyers who are instruments in the effective and efficient administration of
Justice. It is the sworn duty of this Court not only to “weed out” Lawyers who have become a
disgrace to the noble profession of the law but, also of the equal importance, to prevent “misfits”
from taking the Lawyer’s oath, thereby further tarnishing the public image of lawyers.”
Section 2 of Rule 138 Further enunciates:
Section 2. Requirements for all applicants for admission to the bar. — Every applicant for admission
as a member of the bar must be a citizen of the Philippines, at least twenty-one years of age, of
good moral character, and resident of the Philippines; and must produce before the Supreme Court
satisfactory evidence of good moral character, and that no charges against him, involving moral
turpitude, have been filed or are pending in any court in the Philippines.
To ensure the highest standard of legal service, the Supreme Court acts through a Bar examination
committee in the exercise of his judicial function to admit candidates within the legal profession. As
provided in Rule 138 Section 12
Section 12. Committee of examiners. — Examinations shall be conducted by a committee of bar
examiners to be appointed by the Supreme Court. This committee shall be composed of a Justice of
the Supreme Court, who shall act as chairman, and who shall be designated by the court to serve for
one year, and eight members of the bar of the Philippines, who shall hold office for a period of one
year. The names of the members of this committee shall be published in each volume of the official
reports.
Requirements for the admission to the Bar:
1. Citizen of the Philippines

2. At least 21 years of age

3. Of good Moral Character

4. Resident of the Philippines

5. Presentation of Evidence before the Supreme Court of:

a) Good Moral Character

b) No Charges against him, Involving Moral Turpitude, have been filed or are pending in any court in
the Philippines

Requirement of Good Moral Character:

As reiterated and emphasized in the case of Remedios Tapucar vs Atty. Lauro Tapucar A.C. NO.
4148 July 30, 1998
“Well settled is the rule that good moral character is not only a condition precedent for admission to
the legal profession, but it must also remain intact in order to maintain one's good standing in that
exclusive and honored fraternity. There is perhaps no profession after that of the sacred ministry in
which a high-toned morality is more imperative than that of law.”
The Academic Requirements for Admission:
Academic Requirements for Candidates:
1. Bachelor’s Degree in Arts and Sciences

2. A completed Course in the Following:

a) Civil Law

b) Commercial Law

c) Remedial Law

d) Public International Law

e) Private International Law

f) Political Law

g) Labor and Social Legislation

h) Medical Jurisprudence

i) Taxation

j) Legal Ethics

k) Clinical Legal Education Program (A.M. No. 19-03-24-SC Amendment of Rule 138 Section 5)

It is emphasized in Rule 138 Section 5 and 6 the different Academic Requirements to be admitted
into the Bar
Section 5. Additional requirements for other applicants. — All applicants for admission other than
those referred to in the two preceding section shall, before being admitted to the examination,
satisfactorily show that they have regularly studied law for four years, and successfully completed all
prescribed courses, in a law school or university, officially approved and recognized by the Secretary
of Education. The affidavit of the candidate, accompanied by a certificate from the university or
school of law, shall be filed as evidence of such facts, and further evidence may be required by the
court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the
following courses in a law school or university duly recognized by the government: civil law,
commercial law, remedial law, criminal law, public and private international law, political law, labor
and social legislation, medical jurisprudence, taxation, legal ethics and clinical legal education
program. (Emphasis added on 2023 effective amendment, A.M. no. 19-03-24)
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 subjects as major or field of concentration: political science, logic, English, Spanish, history
and economics.
The Bar Examinations:
The Philippine Bar Examination is the professional licensure examination for lawyers in the
Philippines. The exam is exclusively administered by the Supreme Court of the Philippines through
the Supreme Court Bar Examination Committee.
Highly regarded as one of the most difficult board exams in the Philippines, the Philippine Bar
Examination is frequently one of the most highly-covered exams in the country. It attracts more than
8,000 aspiring lawyers to date – a number that continues to escalate after each passing year.
Section 9 of Rule 138 discusses the different subjects questioned in the Bar Exam.
Section 9. Examination; subjects. — Applicants, not otherwise provided for in sections 3 and 4 of this
rule, shall be subjected to examinations in the following subjects: Civil Law; Labor and Social
Legislation; Mercantile Law; Criminal Law; Political Law (Constitutional Law, Public Corporations,
and Public Officers); International Law (Private and Public); Taxation; Remedial Law (Civil
Procedure, Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises (in Pleadings
and Conveyancing).