1. What constitutes the practice of law.

In Cayetano v. Monsod, 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.

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 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.

Practicing law doesn't only mean lawyering in the traditional sense. Writing about law as
well as teaching it also comes under the definition of "practice of law."

Essential Criteria

The following indicators must be present to prove that a lawyer is practicing law:

1.) Habituality

Customarily holding oneself out to the public as a lawyer. This doesn't mean that lawyers who
work in a corporation's legal department aren't practicing law; they are. The corporation, as
a juridical person, engages the services these lawyers.

2.) Compensation

The lawyer must be in active practice and his professional services are available to the public
with the corresponding fees. This includes the lawyer's salary if he works in a government office
or the legal department of a private entity.

3.) Application

The lawyer must apply his knowledge, training and skills in the practice of his profession.

4.) Attorney-Client Relationship

There is a professional relationship between the lawyer and his client. That includes his
employment status.
2. What is civil action and criminal action.

Rule 1 Section 3 of the 1997 Rules of Civil Procedure defined civil action and criminal
action.

A civil action is one by which a party sues another for the enforcement or protection of
a right, or the prevention or redress of a wrong.

A civil action may either be ordinary or special. Both are governed by the rules for
ordinary civil actions, subject to the specific rules prescribed for a special civil action.

On the other hand, A criminal action is one by which the State prosecutes a person for
an act or omission punishable by law.

Causes of Criminal and Civil Cases Criminal cases stem from violations of penal statutes
or laws that impose penalties for their violation. The principal penal statute in the Philippines is
the Revised Penal Code, which defines various conducts or activities as crimes and provides
penalties for their commission. Examples of crimes are murder, theft, robbery, swindling, arson,
rebellion, slander, rape, etc. There are also laws being passed by Congress from time to time,
violations of which can result in criminal cases, such as laws against possessing unlicensed
firearms or issuing worthless checks. These are called special criminal laws.

Civil cases, on the other hand, are caused not by conduct prohibited by law, but personal
dealings which give rise to certain obligations, such as entering into a contract or performing
acts which result in damages (injuries or financial loss) to another. Examples are non-payment
of indebtedness or rents, failure to deliver ordered goods or delivering defective ones,
rendering defective service, negligently causing injuries to another or his property, etc.

3. How do you commence criminal action and civil action; and how does it end.

Section 5 of the 1997 Rules of Civil Procedure provides that a civil action is commenced
by the filing of the original complaint in court. If an additional defendant is impleaded in a later
pleading, the action is commenced with regard to him on the date of the filing of such later
pleading, irrespective of whether the motion for its admission, if necessary, is denied by the
court.

While under Section 1, Rule 10 of the Revised Rules of Criminal Procedure, a criminal
action will commence through its institution as follows: (a) For offenses where a preliminary
investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the
proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all
other offenses, by filing the complaint or information directly with the Municipal Trial Courts
and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila
and other chartered cities, the complaint shall be filed with the office of the prosecutor unless
otherwise provided in their charters. The institution of the criminal action shall interrupt the
running of the period of prescription of the offense charged unless otherwise provided in
special laws.

A civil action will end upon judgment of the court. A judgment or final order determining
the merits of the case shall be in writing personally and directly prepared by the judge, stating
clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the
clerk of the court (sec 1, Rule 36).

A criminal action will end upon judgment of the court, whether founding the accused
guilty beyond reasonable doubt or by acquitting him. Judgment is the adjudication by the court
that the accused is guilty or not guilty of the offense charged and the imposition on him of the
proper penalty and civil liability, if any. It must be written in the official language, personally
and directly prepared by the judge and signed by him and shall contain clearly and distinctly a
statement of the facts and the law upon which it is based (Section 1, Rule 120). 

4. What is Trial?

A trial is the formal examination of evidence before a judge, and typically before a jury,
in order to decide guilt in a case of criminal or civil proceedings.

Trial may refer to the reception of evidence and other processes. It embraces the
period for the introduction of evidence by both parties.

5. What is the order of trial in criminal case and civil case.

CRIMINAL CASE
Section 11, Rule 119, Revised Rules of Criminal Procedure

WHAT IS THE ORDER OF TRIAL?

1. The prosecution shall present evidence to prove the charge and, in the proper case, the civil
liability.

2. The accused may present evidence to prove his defense and damages, if any, arising,
from the issuance of a provisional remedy in the case.

3. The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of justice, permits them to present additional
evidence bearing
upon the main issue.

4. Upon admission of evidence of the parties, the case shall be deemed submitted for
decision unless the court directs them to argue orally or to submit written memoranda.
5. When the accused admits the act or omission charged in the complaint or
information but interposes a lawful defense, the order of trial may be modified.

Sec. 11. Order of trial. – The trial shall proceed in the following order:

(a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil
liability.

(b) The accused may present evidence to prove his defense and damages, if any, arising,
from the issuance of a provisional remedy in the case.

(c) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of justice, permits them to present additional
evidence bearing
upon the main issue.

(d) Upon admission of evidence of the parties, the case shall be deemed submitted for
decision unless the court directs them to argue orally or to submit written memoranda.

(e) When the accused admits the act or omission charged in the complaint or information
but interposes a lawful defense, the order of trial may be modified.

(Addition lang wala sa codal)

WHY DOES THE TRIAL BEGIN WITH THE PROSECUTION?

Prosecution begins because it has the burden of proving the guilt of the accused relying
on the strength of its own evidence and not on the weakness of the defense

WHAT IF THERE IS NOT ENOUGH EVIDENCE TO PROVE GUILT BEYOND REASONABLE

DOUBT?

If there is not enough evidence to prove the accused’s guilt beyond reasonable
doubt, then the defense should file a demurrer to evidence. The accused need not present
evidence on his
behalf.

Unless there is a reverse trial, there is no need to prove the commission of the
offense because the crime is admitted

CIVIL CASE
Rule 30, Section 5. Rules on Civil Procedure
 Order of trial. – Subject to the provisions of Section 2 of Rule 31, and unless the court
for special reasons otherwise directs, the trial shall be limited to the issues stated in the pre-
trial order and shall proceed as follows:

(a) The plaintiff shall adduce evidence in support of his or her complaint;

(b) The defendant shall then adduce evidence in support of his or her defense, counterclaim,
cross-claim and third-party complaint;

(c) The third-party defendant, if any, shall adduce evidence of his or her defense,
counterclaim, cross-claim and fourth-party complaint;

(d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by
them;

(e) The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce
evidence in support of their defense, in the order to be prescribed by the court;

(f) The parties may then respectively adduce rebutting evidence only, unless the court, for
good reasons and in the furtherance of justice, permits them to adduce evidence upon their
original case; and

(g) Upon admission of the evidence, the case shall be deemed submitted for decision, unless
the court directs the parties to argue or to submit their respective memoranda or any further
pleadings.

If several defendants or third-party defendants, and so forth, having separate defenses

appear by different counsel, the court shall determine the relative order of presentation of
their evidence.

6. What is the order in the examination of an individual witness?

Revised Rules on Evidence.

Rule 132, Section 4. 
Order in the examination of an individual witness. — The order in which the individual witness
may be examined is as follows;
(a) Direct examination by the proponent;
(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent;
(d) Re-cross-examination by the opponent.

7. What are the direct examination, cross-examination, re-direct examination and re-cross
examination.
Rule 132, Revised Rules on Evidence

Section 5. Direct examination. — Direct examination is the examination-in-chief of a witness by

the party presenting him or her on the facts relevant to the issue.

Section 6. Cross-examination; its purpose and extent. — Upon the termination of the direct
examination, the witness may be cross-examined by the adverse party on any relevant matter,
with sufficient fullness and freedom to test his or her accuracy and truthfulness and freedom
from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue.

Section 7. Re-direct examination; its purpose and extent. — After the cross-examination of the
witness has been concluded, he or she may be re-examined by the party calling him or her, to
explain or supplement his answers given during the cross-examination. On re-direct-
examination, questions on matters not dealt with during the cross-examination, may be
allowed by the court in its discretion.

Section 8. Re-cross-examination. — Upon the conclusion of the re-direct examination, the

adverse party may re-cross-examine the witness on matters stated in his or her re-direct
examination, and also on such other matters as may be allowed by the court in its discretion.