NOTES:

Article 8, Sec 5, Par 5:

To promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice and procedures in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedures for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase or modify
substantive rights. Rules of procedures of the special courts and quasi-judicial bodies
shall remain effective unless disapproved by the supreme court.

Under Sec 1, Rule 138 of the rules of court, any person who has been duly licensed as a
member of the bar and who is in good and regular standing is entitled to practice law.
Admission to the bar:
1. He/she must be a citizen of the Philippines
2. Atleast 21 years of age
3. Of good moral character
4. Resident of the Philippines
5. And must produce to the supreme court satisfactory evidence of his good moral
character and no charges against him, invoving moral turpitude, have been filed or
are pending in any court of the Philippines
Aside from the foregoing requirements,
1. He must also pass the bar examinations
2. Take the lwayers oath before the Supreme Court en banc
3. Sign in the Roll of Attorneys
4. Receive certificate from the clerk of supreme court of his license to practice
Good and Regular standing:
1. Must remain a member of the Integrated Bar of the Philippines
2. Conscientiously observed and abide ethical standards of the profession
3. Pay his membership dues and other duties like privilege tax
4. Compliance of the Mandatory Continuing Legal Education

A. CITIZENSHIP REQUIREMENT
Exemption to the rule that Filipinos are only allowed to practice law in the country:
Sec 3 Rule 138- citizens of the United States of America who before July 4, 1946, were
duly licensed members of the Philippine Bar, in active practice in the courts of the
Philippines and in good and regular standing as such may upon satisfactory proof of these
facts before the Supreme Court be allowed to continue such practice after taking the oath
of office
B. GOOD MORAL CHARACTER
Requirement of good moral character has four purposes
1. To protect the public
2. To protect the image of lawyers
3. To protect prospective clients
4. To protect errant lawyers from themselves

C. CRIMES/ OFFENSES INVOLVING MORAL TURPITUDE

Black’s Law Dictionary
Moral Turpitude: “an act of baseness, vileness, or depravity in the private duties which a
man owes his fellowmen , or to society in general, contrary to the accepted and customary
rule of right and duty between man and wman or conduct contrary to justice, honesty,
modesty, or good morals.

Bouvier’s Law Dictionary

Moral Turpitude: “includes everything which is done contrary to justice, honesty, modesty,
or good morals”
Approaches of Moral turpitude
1. The court best expressed the first approach in Zari s. Flores Where the court saw
the involvement of moral turpitude where an act is intrinsically immoral, regardless
of whether it is punishable by law or not.
2. The second approach is to look at the act committed through its elements as a
crime
3. The third approach, the subjective approach, essentially takes the offender and his
acts into account in light of the attendant circumstances of the crime: was he
motivated by ill will indicating depravity.

D. EDUCATIONAL REQUIREMENT

Under Sec 5, Rule 138, as amended by Bar Matter 1153, all applicants for
admission… shall before being admitted to the examination, satisfactory show that
they have successfully completed all the prescribed courses for the degree of
Bachelor of Law or equivalent by the Philippine Government or by the proper
authority in the foreign jurisdiction where the degree has been granted.
 A Filipino citizen who graduated from aforeign law school shall be admitted to the
bar examination only upon submission to the Supreme Court of certifications
showing:
a. Completion of all courses leading to the degree of Bachelor of Laws or its
equivalent degree
b. Recognition or accreditation of the law school by the proper authority
c. Completion of all the fourth year subjects in the bachelor of laws academic
program in a law school duly recognized by the Philippine Government.
Sec 6 – Pre-law

Section 3: Requirements for lawyers who are citizens of the United States of America –
Citizens of the United States of America who, before July 4, 1946, were duly licensed
members of the Philippine Bar, in active practice in the courts of the Philippines and in
good and regular standing as such may, upon satisfactory proof of those facts before
the Supreme Court, be allowed to continue such practice after taking the necessary
oath of office.
Section 4: applicants for admission who, being Filipino citizens are enrolledb attorneys
in good and regular standing in the Supreme Court of the United States or in any circuit
court of appeals or district court therein, or in the highestv court of any state or territory
of the United States, and who can show by satisfactory certificates that they have
practiced atleast five years in any of said courts, that such practice began before July 4,
1946, and that they have never been suspended or disbarred, may in the discretion of
the Court, be admitted without examination.

Where non-lawyers may practice law

1. A party may include his litigation personally or with the aid of a friend or agent
appointed by him for that purpose.
-allowed only on inferior courts (MTC)
-in criminal cases, if the party cannot afford the service of a counsel de parte he
shall be provided by a counsel de officio.
2. in localities where a duly licensed member of the bar is not available, the municipal
trial court hearing a criminal case may, in its discretion admit or assign a person (who is
not a member of the bar), resident of the province and of good refute for probity and
ability to aid the defendant in his defense.
3. under the labor code, a union representative may appear for his organization or any
of its memebers before the National Labor Relations Commision, labor arbiter or
arbitrator.
4. a person representing a land claimant in cadastral court
5. In case of law student practice as permitted by the rule
6. in case of those authorized to represent the government.

IMPORTANCE OF KNOWING WHO MAY PRACTICE LAW

It is to assure the public that only those who have the ability learning and sound
character will handle the very delicate task of law advocacy , and forbidding
incompetent and dishonest practitioners to embark in the practice of law.

Lawyer’s Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines, I will support the Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not wittingly or willingly promote or sue
any groundless false or unlawful suit, or give aid nor consent to the same; I will
delay no man for money or malice, and will conduct myself as a lawyer according
to the best of my knowledge and discretion, with all good fidelity as well to the
courts as to my clients; and I impose upon myself these voluntary obligations
without any mental reservation or purpose of evasion. So help me God.