The unprofessional acts which come within
fomenting of litigation with resulting burdens on
the prohibition under Rule 1.03 of the Code of
Professionally Responsibility
A lawyer’s:
a. volunteering advice to bring lawsuit, except in
rare cases where ties of blood, relationship or
trust make it his duty to do so;
b. hunting up defects in titles or other causes of
action and informing thereof in order to be
employed to bring suit or collect judgment, or to
breed litigation by seeking out those claims for
personal injuries or those having any other
grounds of action in order to secure them as
clients;
c. employing agents or runners for like purposes;
d. paying reward, directly or indirectly, to those
who bring or influence the bringing of such cases
to his office;
e. remunerating policemen, court or prison
officials, physicians, hospital attaches or others
who may succeed, under the guise of giving
disinterested friendly advice, in influencing the
criminal, the sick and the injured, the ignorant or
others, to seek professional services;
f. searching for unknown heirs and soliciting their
employment of him;
g. initiating a meeting of the members of the club
and inducing them to organize and contest
legislation under his guidance;
h. purchasing notes to collect them by a litigation
profit;
i. furnishing credit reports in expectation of
possible employment; and
j. agreeing with a purchaser of future interests to
invest therein in consideration of his services.
Ambulance chasing has spawned recognized
evils such as:
a.
the courts and the public;
b. subordination of perjury;
c. mulcting of innocent persons by judgments,
upon manufactured causes of action but ignorant
of legal rights and court procedure by means of
contracts which retain exorbitant percentages of
recovery and illegal charges for court costs and
expenses and by settlement made for quick
returns of fees and against the just rights of the
injured persons.
CANON 6 supplements the norms of conduct
required of public officials to:
a. uphold the public interest over and above
personal interest;
b. discharge their duties with the highest degree
of excellence, professionalism, intelligence and
skill;
c. act with justness and sincerity;
d. provide service without discrimination;
e. extend prompt, courteous and adequate
service to the public;
f. be loyal to the Republic;
g. commit themselves to democratic way of life
and values;
h. lead modest lives.
CANON 6, Rule 6.01
A public prosecutor is the representative not of an
ordinary party to a controversy, but of a
sovereignty whose obligation to govern
impartially is as compelling as its obligation to
govern at all; and whose interest, therefore, in a
criminal prosecution is not that it shall win a case
but that justice shall be done.
The suppression of facts or the concealment of
witnesses capable of establishing the innocence
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of the accused is highly reprehensible and is
cause for disciplinary action.
A public prosecutor should not hesitate to
recommend to the court the accused’s acquittal if
the evidence in his possession shows that the
accused is innocent.
If on appeal by the accused from a conviction by
the trial court he finds no legal basis to sustain
the conviction, he should not also hesitate to
recommend that the accused be acquitted.
SUAREZ v PLATON
Public prosecutors must never forget that
they are the representatives not of an ordinary
party to a controversy, but of a sovereignty
whose obligation to govern impartially is as
compelling as its obligation to govern at all; and
whose interest, therefore, in a criminal
prosecution is not that it shall win every case but
that justice be done. As such, they are in a
peculiar and every definite sense the servants of
the law, whose two-fold aim is that guilt shall not
escape or innocence suffer.
Prosecutors are charged with the defense
of the community aggrieved by a crime, and are
expected to prosecute the public action with such
zeal and vigor as if they were the ones personally
aggrieved, but at all times cautious that they
refrain from improper methods designed to
secure a wrongful conviction.
Restrictions on the functions of public
prosecutor
a. should not allow, and should avoid, giving the
impression that their noble office is being used or
prostituted, wittingly or unwittingly, for political
ends or other purposes alien to, or subversive
of, the basic and fundamental objective of
serving the interests of justice evenhandedly,
without fear or favor to any and all litigants alike,
whether rich or poor, weak or strong, powerless
or mighty;
b. He is not at liberty to strike foul ones. It is as
much his duty to refrain from improper methods
calculated to produce a wrongful conviction as it
is to use every legitimate means to bring about a
just one;
c. He should not offer as proof of the accused’s
guilt illegally seized or acquired evidence, nor
suppress facts or conceal witnesses capable of
establishing the innocence of the accused;
d. Neither should he consent to any undue delay
in the prosecution of the action because it is also
his duty to see to it that a person on trial is not
deprived of his statutory or legal rights;
e. He may not assert his personal knowledge of a
crime unless he withdraws as prosecutor and
takes the witness stand, to give the defense
counsel opportunity to cross-examine him;
f. It is improper for a public prosecutor to assist in
the escape of a prisoner, institute a criminal
action to force a settlement of a case, agree to
refrain from prosecuting a person in consideration
of some reward, receive money for dismissing a
complaint, induce an accused plead guilty,
willfully fail to prosecute violations of the law or
lose the records thereof, or have a secret law
partner with whom he divides the attorney’s fees.
In appeals, the SOLICITOR GENERAL has
control
a. As the official in control of criminal cases
before the appellate courts, the SG may abandon
or discontinue the prosecution of the case in the
exercise of his sound discretion;
b. May recommend the acquittal of an accused
when he believes that the evidence does not
warrant his conviction;
c. The rule that the SG is the lawyer of the
People in appellate courts admits of an
exception, namely, that which is provided for in
RA 8249, which states in part that “In all cases
elevated to the Sandiganbayan and from the
Sandiganbayan to the SC, the Office of the
Ombudsman, through its special prosecutor, shall
represent the People of the Philippines, except in
cases filed pursuant to Executive Order Nos. 1, 2,
14 and 14-A, issued in 1986.
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ROLE of private prosecutor
RULE 110
Prosecution of Offenses
Section 16. Intervention of the offended party
in criminal action. — Where the civil action for
recovery of civil liability is instituted in the criminal
action pursuant to Rule 111, the offended party
may intervene by counsel in the prosecution of
the offense.
This rule is subject to the provision of
Section 5 hereof, which gives to the public
prosecutor the direction and control of the
prosecution, he may intervene by counsel in the
prosecution of the offense.
The general rule is that an offended party has
the right to intervene in the prosecution of a
crime, EXCEPT in the following instances:
a. where from the nature of the crime and the law
defining and punishing it no civil liability arises in
favor of a private offended party; and
b. in cases where from the nature of the offense
the offended party is entitled to civil indemnity
arising therefrom but he has waived the same or
has expressly reserved his right to institute a civil
action or he has already instituted said action.
ADMISSION TO PRACTICE
Judicial Control
A judicial function, committed to the judiciary
under the Constitution, involves the determination
of rights and obligations with reference to
transactions that are past or to conditions that
exist at the time of the exercise of judicial power.
ARTICLE VIII
JUDICIAL DEPARTMENT
Section 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 the practice of law, the
integrated bar, and legal assistance to the
underprivileged. Such rules shall provide a
simplified and inexpensive procedure 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 procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court.
The admission to the practice of law requires:
a. previously established rules and principles – by
constitutional mandate, is the primary
responsibility of the Supreme Court;
b. concrete facts, whether past or present,
affecting determinate individuals – is brought
about by the applicant for admission to the bar;
c. a decision as to whether the facts are
governed by rules and principles – involves
judicial adjudication which is essentially a
function of the court.
To enable the court to properly discharge its
responsibility for the efficient and impartial
administration of justice requires that it must
have the primary authority to decide:
a. who may be admitted to the bar as one of its
officers;
b. what are the causes for disciplinary action
against him; and
c. whether he should be disciplined, suspended,
disbarred or reinstated.
Only by exercising that primary authority
will the high tribunal be able to elevate and
maintain the standard of the legal profession,
properly administer justice and help keep the
people’s faith and confidence in the court and in
the bar.
Any legislative or executive judgment
substituting that of the Supreme Court in matters
concerning the admission to the practice of law or
the suspension, disbarment or reinstatement of
an attorney infringes upon and constitutes an
invalid exercise of the legislative or executive
power.
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LEGISLATIVE POWER TO REPEAL, ALTER or
SUPPLEMENT
a. the legislature may pass a law prescribing
additional qualifications for candidates for
admission to practice or filing up deficiencies in
the requirements for admission of the bar;
b. the law passed may not be given retroactive
effect so as to entitle a person, not otherwise
qualified, to be admitted to the bar;
c. the law is also preclude the Supreme Court
from fixing other qualifications or requirements for
the practice of law;
d. in the exercise of its police power, the
legislature may regulate the practice of law:
i. May enact a law declaring illegal and
punishable the unauthorized practice
of law;
ii. May also by law require further
examination for any attorney desiring
to practice law before any quasi-
judicial or administrative agency
provided that such additional
requirement must have a rational
connection with the attorney’s fitness
or capacity to practice law before
such agency.
But the promotion of the general welfare,
which is the objective sought to be attained
by the legislature in the exercise of its police
power, furnishes NO SUFFICIENT
JUSTIFICATION TO RESTRICT THE POWER
OF THE SUPREME COURT TO DECIDE WHO
MAY PRACTICE LAW.
EXECUTIVE POWER IN RELATION TO
PRACTICE
The Treaty on the Validity of Academic
Degrees and the Exercise of Professions
between the Philippines and Spain, which grants
to the nationals of both countries, who obtain
degrees or diplomas to practice the liberal
professions in the territory of the other, subject to
the laws and regulations of the latter, CANNOT
BE SO INTERPRETED AS TO ENTITLE A
HOLDER OF A LAW DEGREE OBTAINED IN
SPAIN TO PRACTICE LAW IN THIS COUNTRY
WITHOUT COMPLYING WITH THE
REQUIREMENTS OF EXISTING LAW.
A Filipino citizen who obtained a degree
of Bachelor of Laws in Spain and who was
admitted to practice in that country is not entitled
to be admitted to the Philippine Bar without
examination, successfully passing the bar
examination being a prerequisite to the admission
to practice in this country.
WHO MAY PRACTICE IN THE PHILIPPINES
EVEN WITHOUT THE NECESSARY
REQUIREMENTS
a. The Chief Executive, in creating a military
commission to try war criminals, HAS NOT
REQUIRED THAT COUNSEL APPEARING
BEFORE THE COMMISSION BE DULY
LICENSED MEMBERS OF THE BAR, the
appearance of TWO AMERICAN LAWYERS
NOT AUTHORIZED by the Supreme Court to
practice law in this country as prosecutors before
the commission TO VINDICATE CRIMES
AGAINST THE UNITED STATES, WAS
LAWFUL BECAUSE THE COMMISSION IS A
SPECIAL TRIBUNAL GOVERNED BY A
SPECIAL LAW. – THE DECISION OF THE
SUPREME COURT may only be reconciled with
such rule by considering the limited appearance
of the two American lawyers as not constituting
practice of law. (Kuroda v Jalandoni, 83 Phil. 171,
1949)
PRESCRIBING STANDARDS FOR LAW
SCHOOLS
The exercise by the Supreme Court of its
primary authority to decide who may be one of its
officers includes the discharge of incidental
powers which may be necessary to make that
exercise effective and meaningful.
Such incidental powers which the high
tribunal can exercise may include:
4|P a g e

a. the fixing of minimum standards of instruction
for all law schools to observe;
b. the setting up of necessary administrative
machinery to determine compliance therewith;
and
c. by way of sanction, the refusal to admit to the
bar examination law graduates from any law
school failing to meet those standards.
This may partly be implemented through
the process of accreditation.
Substandard law schools will then die a
natural death for no student will patronize them,
knowing that the education training such school
offers will be insufficient to qualify him to take the
bar examination.
WHAT CONSTITUTES PRACTICE OF LAW
Practice of law, general
a. practice of law involves the carrying on of the
calling of an attorney, usually for gain, acting in a
representative capacity and rendering service to
another;
b. practice of law is not limited to the conduct of
cases in court;
c. practice of law includes legal advice and
counselling, and the preparation of legal
instruments and contracts by which legal rights
are secured, which may or may not be pending in
court.
3 PRINCIPAL TYPES OF PROFESSIONAL
ACTIVITIES OF A LICENSED ATTORNEY-AT-
LAW
a. legal advice and instructions to clients to
inform them of their rights and obligations;
b. preparations for clients of documents requiring
knowledge of legal principles not possessed by
ordinary layman;
c. 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 the proper interpretation and
enforcement of law.
Examples:
1. participates in a trial and advertises himself as
a lawyer;
2. confers with clients and advises them of their
legal rights;
3. giving advice for compensation regarding the
legal status and rights of another;
4. renders an opinion as to the proper
interpretation of a statute, and receives pay for it.
What constitutes practice of law?
As commonly understood, "practice"
refers to the actual performance or application of
knowledge as distinguished from mere
possession of knowledge; it connotes an active,
habitual, repeated or customary action.
To "practice" law, or any profession for that
matter, means, to exercise or pursue an
employment or profession actively, habitually,
repeatedly or customarily.
(J. Padilla dissenting opinion, Cayetano v
Monsod, G.R. No. 100113 September 3,
1991)
CHARACTERISTICS OF THE PRACTICE OF
LAW
1. Habituality. The term "practice of law"
implies customarily or habitually holding one's
self out to the public as a lawyer (People vs.
Villanueva, 14 SCRA 109 citing State v. Boyen, 4
S.E. 522, 98 N.C. 644) such as when one sends
a circular announcing the establishment of a law
office for the general practice of law (U.S. v. Ney
Bosque, 8 Phil. 146), or when one takes the oath
of office as a lawyer before a notary public, and
files a manifestation with the Supreme Court
informing it of his intention to practice law in all
5|P a g e
courts in the country (People v. De Luna, 102
Phil. 968).
Practice is more than an isolated appearance for
it consists in frequent or customary action, a
succession of acts of the same kind. In other
words, it is a habitual exercise (People v.
Villanueva, 14 SCRA 109 citing State v. Cotner,
127, p. 1, 87 Kan, 864).
2. Compensation. Practice of law implies
that one must have presented himself to be in the
active and continued practice of the legal
profession and that his professional services are
available to the public for compensation, as a
service of his livelihood or in consideration of his
said services. (People v. Villanueva, supra).
Hence, charging for services such as preparation
of documents involving the use of legal
knowledge and skill is within the term "practice of
law" (Ernani Paño, Bar Reviewer in Legal and
Judicial Ethics, 1988 ed., p. 8 citing People v.
People's Stockyards State Bank, 176 N.B. 901)
and, one who renders an opinion as to the proper
interpretation of a statute, and receives pay for it,
is to that extent, practicing law (Martin, supra, p.
806 citing Mendelaun v. Gilbert and Barket Mfg.
Co., 290 N.Y.S. 462) If compensation is
expected, all advice to clients and all action taken
for them in matters connected with the law; are
practicing law. (Elwood Fitchette et al., v. Arthur
C. Taylor, 94A-L.R. 356-359)
3. Application of law legal principle
practice or procedure which calls for legal
knowledge, training and experience is within the
term "practice of law". (Martin supra)
4. Attorney-client relationship. Engaging
in the practice of law presupposes the existence
of lawyer-client relationship. Hence, where a
lawyer undertakes an activity which requires
knowledge of law but involves no attorney-client
relationship, such as teaching law or writing law
books or articles, he cannot be said to be
engaged in the practice of his profession or a
lawyer (Agpalo, Legal Ethics, 1989 ed., p. 30).
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 the clients before judges and courts,
and in addition, conveying. (Philippine Lawyers
Association v Agrava, 105 Phil. 173)
The areas of concern of a corporate lawyer:
a. corporate legal research;
b. tax laws research, acting out as corporate
secretary (in board meetings);
c. appearances in both courts and other
adjudicatory agencies (including the Securities
and Exchange Commission); and
d. in other capacities which require an ability to
deal with the law.
A corporate lawyer may assume responsibilities
other than the legal affairs of the business of the
corporation he is representing. These include
such matters as determining policy and becoming
involved in management.
A corporate lawyer is sometimes offered this
fortune to be more closely involved in the running
of the business.
CHARACTERISTICS OF TERM “PRACTICE OF
LAW”
a. A judge who is prohibited from engaging in the
private practice of law has not violated this
prohibition when he appeared as counsel for his
cousin pro bono in a criminal case, as his
appearance was isolated.
The appearance as counsel in one occasion is
not conclusive as determinative of
engagement in the practice of law.
b. The appearance as private prosecutor in one
case of a city attorney who is prohibited from
practicing law does not constitute private practice
within the prohibition, his appearance being
isolated.
c. A lawyer who is a member of the Legislature
cannot “appear as counsel before any court of
justice or Electoral Tribunals, or quasi-judicial and
other administration bodies even in a single
instance.
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d. A layman may represent a person outside of
court without necessarily engaging in the practice
of law, he cannot appear as counsel, except to
the extent permitted by law, for any person before
the court even in a single occasion.
His representation as defense counsel for
an accused in a criminal case is invalid and the
conviction of the accused may be set aside, as
violative of due process.
REPRESENTATION BEFORE THE COURT
Practice of law includes:
a. appearance before the court;
b. the preparation and filing of a pleading, motion,
memorandum or brief incident to an action or
proceeding in court;
c. the conduct of the litigation, such as the
determination of the procedural steps to be taken;
d. the examination of witnesses; or
e. the presentation of evidence or exhibits; and
f. the management and control of the
proceedings in court.
REPRESENTATION BEFORE OTHER
AGENCIES
Includes the appearance before the:
a. Philippines Patent Office in representation of
an applicant for registration of trademark, trade
name or service mark, of an inventor for the
issuance of letters patent or of an oppositor for
the enforcement of his rights involved therein;
b. the rendering of professional services in
advocating or resisting claims before
administrative agencies, such as National Labor
Relations Commissions, Bureau of Customs and
Bureau of Internal Revenue; and
c. the representation before a legislative body
regarding a proposed legislation or ordinance.
ACTIVITY OUTSIDE OF COURT
Embraces the giving of legal advice on a
large variety of subjects, conveyancing and the
preparation and execution of legal instruments
covering an extensive field of business and trust
relations and other affairs.
These 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.
The work of office lawyer has profound
effect on the whole essence of the administration
of justice.
WHO MAY PRACTICE LAW
First requirement before being admitted to the
bar:
a. Furnishing satisfactory proof of
educational, moral and other qualification;
b. Passing the bar examinations;
c. Taking the lawyer’s oath before the
Supreme Court itself; and
d. Signing the roll of attorneys and receiving
from the clerk of court of the Supreme
Court a certificate of the license to
practice.
Second requirement after the admission to
the bar, he must:
a. Remain a member of the Integrated Bar
of the Philippines;
b. Regularly pay all IBP membership dues
and other lawful assessments as well as
the annual privilege tax;
c. Faithfully observe the rules and ethics of
the legal profession; and
d. Be continually subject to judicial
disciplinary control.
The purpose of these requirements is to
protect the public, the court, the client and the
bar from incompetence and dishonesty of
those who are unfit to become members of
the legal profession.
7|P a g e
 PROCEDURE FOR ADMISSION
Restrictions to insure integrity in
examination
a. Prohibited from bringing papers, books or
notes into the examination room;
b. Not to communicate with the other
examinees during the examination, nor is
he to influence any member of the
committee on bar examinations;
c. To keep the examinee’s identity secret
and thus avoid any influence to bear upon
the examiner in the valuation of his
answers, the examination papers
provided for the purpose are identified by
numbers and the name of the examinee
is written in a piece of paper, which is
then sealed in an envelope;
d. To take precautions necessary to prevent
substitution of papers or the commission
of other frauds.
ULEP v LEGAL CLINIC
ISSUE: Whether or not The Legal Clinic is
engaged in the practice of law; whether such is
allowed; whether or not its advertisement may be
allowed.
HELD: Yes, The Legal Clinic is engaged in the
practice of law however, such practice is not
allowed. The Legal Clinic is composed mainly of
paralegals. The services it offered include 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. Under Philippine jurisdiction however, the
services being offered by Legal Clinic which
constitute practice of law cannot be performed by
paralegals. Only a person duly admitted as a
member of the bar and who is in good and
regular standing, is entitled to practice law.
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. 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 skills as in a manner similar to a merchant
advertising his goods. Further, the
advertisements of Legal Clinic seem to promote
divorce, secret marriage, bigamous marriage,
and other circumventions of law which their
experts can facilitate. Such is highly
reprehensible.
The Supreme Court also noted which forms of
advertisement are allowed. 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. The Supreme Court also
enumerated the following as allowed forms of
advertisement:
Advertisement in a reputable law list
Use of ordinary simple professional card
Listing in a phone directory but without
designation as to his specialization
“A lawyer, making known his legal services shall
only use true, honest, fair, dignified and objective
information or statement of facts.”—Canon 3,
Code of Professional Responsibility
“A lawyer shall not use or permit the use of any
false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or
claim regarding his qualifications for legal
services.”—Rule 3.01, Code of Professional
Responsibility
SUAREZ v PLATON
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ISSUE: Whether or not the case should be
reinstated.
HELD: No. The fiscals are well within their rights
not to push through with the case if they find the
evidence to be insufficient. The prosecuting
officer is the representative not of an ordinary
party to a controversy, but of a sovereignty
whose obligation to govern impartially is as
compelling as its obligation to govern at all; and
whose interest, therefore, in a criminal
prosecution is not that it shall win a case, but that
justice shall be done. As such, he is in a peculiar
and very definite sense the servant of the law, the
twofold aim of which is that guilt shall not escape
or innocence shall suffer.
IN RE FELIPE DEL ROSARIO
ISSUE: Whether or not the recommendation by
the fiscal is correct.
HELD: Yes. The mere fact that Villaflor was
convicted proves that Del Rosario is unworthy of
the certificate of attorney. The crime which
Villaflor is proven guilty of has benefited only Del
Rosario and it is impossible that the latter has no
knowledge of this illegal machination.
But shouldn’t the Supreme Court just allow Del
Rosario to take the bar exams again?
No. The practice of the law is not an absolute
right to be granted everyone who demands it, but
is a privilege to be extended or withheld in the
exercise of a sound discretion. The standards of
the legal profession are not satisfied by conduct
which merely enables one to escape the
penalties of the criminal law. It would be a
disgrace to the Judiciary to receive one whose
integrity is questionable as an officer of the court,
to clothe him with all the prestige of its
confidence, and then to permit him to hold
himself out as a duly authorized member of the
bar.
IN RE DIOSDADO GUTIERREZ
ISSUE: Whether or not Gutierrez may be
disbarred considering the fact that he was
granted pardon.
HELD: Yes. The pardon granted to Gutierrez is
not absolute but conditional. It merely remitted his
sentence. It does not reach the offense itself.
Gutierrez must be judged upon the fact of his
conviction for murder without regard to the
pardon (which he invoked in defense). The crime
was actually qualified by treachery and
aggravated by its having been committed in
hand, by taking advantage of his official position
(Gutierrez being municipal mayor at the time) and
with the use of motor vehicle. The degree of
moral turpitude involved is such as to justify his
being purged from the profession.
IN RE CUNANAN
ISSUE: Whether of not, R.A. No. 972 is
constitutional.
RULING: Section 2 was declared unconstitutional
due to the fatal defect of not being embraced in
the title of the Act. As per its title, the Act should
affect only the bar flunkers of 1946 to 1955 Bar
examinations. Section2 establishes a permanent
system for an indefinite time. It was also struck
down for allowing partial passing, thus failing to
take account of the fact that laws and
jurisprudence are not stationary.
As to Section1, the portion for 1946-1951 was
declared unconstitutional, while that for 1953 to
1955 was declared in force and effect. The
portion that was stricken down was based under
the following reasons:
The law itself admits that the candidates for
admission who flunked the bar from 1946 to 1952
had inadequate preparation due to the fact that
this was very close to the end of World War II;
The law is, in effect, a judgment revoking the
resolution of the court on the petitions of the said
candidates;
The law is an encroachment on the Court’s
primary prerogative to determine who may be
admitted to practice of law and, therefore, in
excess of legislative power to repeal, alter and
supplement the Rules of Court. The rules laid
9|P a g e
down by Congress under this power are only
minimum norms, not designed to substitute the
judgment of the court on who can practice law;
and
The pretended classification is arbitrary and
amounts to class legislation.
As to the portion declared in force and effect, the
Court could not muster enough votes to declare it
void. Moreover, the law was passed in 1952, to
take effect in 1953. Hence, it will not revoke
existing Supreme Court resolutions denying
admission to the bar of an petitioner. The same
may also rationally fall within the power to
Congress to alter, supplement or modify rules of
admission to the practice of law.
IN RE: PETITION TO SIGN IN THE ROLL OF
ATTORNEYS MICHAEL A. MEDADO,
PETITIONER.
B.M. No. 2540 September 24, 2013
TOPIC: Admission to the Bar, Unauthorized
Practice of Law, Canon 9, Signing of the Roll of
Attorneys
ISSUE: Whether or not petitioner may be allowed
to sign the Roll of Attorneys.
RULING: Yes, the Supreme Court granted the
petition subject to the payment of a fine and the
imposition of a penalty equivalent to suspension
from the practice of law.
Not allowing Medado to sign in the Roll of
Attorneys would be akin to imposing upon him
the ultimate penalty of disbarment, a penalty
reserved for the most serious ethical
transgressions. In this case, said action is not
warranted.
The Court considered Medado’s demonstration of
good faith in filing the petition himself, albeit after
the passage of more than 30 years; that he has
shown that he possesses the character required
to be a member of the Philippine Bar; and that he
appears to have been a competent and able legal
practitioner, having held various positions at
different firms and companies.
However, Medado is not free from all liability for
his years of inaction.
A mistake of law cannot be utilized as a lawful
justification, because everyone is presumed to
know the law and its consequences.
Medado may have at first operated under an
honest mistake of fact when he thought that what
he had signed at the PICC entrance before the
oath-taking was already the Roll of Attorneys.
However, the moment he realized that what he
had signed was just an attendance record, he
could no longer claim an honest mistake of fact
as a valid justification. At that point, he should
have known that he was not a full-fledged
member of the Philippine Bar, as it was the act of
signing therein that would have made him so.
When, in spite of this knowledge, he chose to
continue practicing law, he willfully engaged in
the unauthorized practice of law.
Knowingly engaging in unauthorized practice of
law likewise transgresses Canon 9 of the Code of
Professional Responsibility. At the heart of Canon
9 is the lawyer’s duty to prevent the unauthorized
practice of law. This duty likewise applies to law
students and Bar candidates. As aspiring
members of the Bar, they are bound to conduct
themselves in accordance with the ethical
standards of the legal profession.
Medado cannot be suspended as he is not yet a
full-fledged lawyer. However, the Court imposed
upon him a penalty akin to suspension by
allowing him to sign in the Roll of Attorneys one
(1) year after receipt of the Resolution. He was
also made to pay a fine of P32,000. Also, during
the one-year period, petitioner was not allowed to
engage in the practice of law.
Attorney in fact – an agent whose authority is
strictly limited by the instrument appointing him,
though he may do things not mentioned in his
appointment necessary to the performance of the
duties specifically required of him by the power of
attorney appointing him, such authority being
necessarily implied. He is not necessarily a
lawyer.
Practice of Law – any activity, in or out of court
which requires the application of law, legal
10 | P a g e
procedure, knowledge, training and experience.
To engage in the practice of law is to give notice
or render any kind of service, which or devise or
service requires the use in any degree of legal
knowledge or skill (Cayetano v. Monsod, 201
SCRA 210)
Attorney-at-law/Counsel-at-
law/Attorney/Counsel/ Abogado/Boceros: that
class of persons who are licensed officers of the
courts, empowered to appear prosecute and
defend and upon whom peculiar duties,
responsibilities, and liabilities are developed by
law as a consequence (Cui v. Cui, 120 Phil. 729)
Attorney ad hoc – a person named and
appointed by the court to defend an absentee
defendant in the suit in which the appointment is
made (Bienvenu v. Factor’s of Traders Insurance
Cp., 33 La.Ann.209)
Barrister (England) – a person entitled to
practice law as an advocate or counsel in
superior court
Admission to the Practice of Law
The Supreme Court has the power to control and
regulate the practice of law. Thus, the
Constitution, under Article VIII, Sec. 5 (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 the practice of law, the Integrated
Bar, and legal assistance to the under privileged.
The Supreme Court acts through a Bar
Examination Committee in the Exercise of his
judicial function to admit candidates to the legal
profession.
The Bar Examination Committee:
1. Composed of (1) member of the Supreme
Court who acts as Chairman and eight (8)
members of the bar.
2. The 8 members act as examiners for the
8 bar subjects with one subject assigned
to each.
3. The Bar Confidant acts as a sort of liason
officer between the court and the Bar
Chairman on the other hand, and the
individual members of the committee on
the other. He is at the same time a
deputy clerk of court.
4. Admission of examinees is always subject
to the final approval of the court.
Practice of Law
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. (In Re:
Argosino, 1997).
Requirements for admission to the Bar:
a. citizen of the Philippines
b. at least 21 years old
c. of good moral character
d. Philippine resident
e. Production before the supreme court
satisfactory evidence of:
 good moral character
 no charges against him, involving moral
turpitude, have been filed or are pending
in any court in the Philippines.
Requirement of Good Moral Character: a
continuing requirement; 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. (Tapucar vs.
Tapucar, 1998)
Academic Requirements for Candidates:
a. a bachelor’s degree in arts and sciences
(pre-law course)
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 b. a completed course in:
 civil law
 commercial law
 remedial law
 public international law
 private international law
 political law
 labor and social legislation
 medial jurisprudence
 taxation
 legal ethics
Non-lawyers who may be authorized to
appear in court:
1. Cases before the MTC: Party to the litigation,
in person OR through an agent or friend or
appointed by him for that purpose (Sec. 34, Rule
138, RRC)
2. Before any other court: Party to the litigation, in
person (Ibid.)
3. Criminal case before the MTC in a locality
where a duly licensed member of the Bar is not
available: the judge may appoint a non-lawyer
who is:
a. resident of the province
b. of good repute for probity and ability to
aid the accused in his defense (Rule 116,
Sec. 7, RRC).
4. Legal Aid Program – A senior law student, who
is enrolled in a recognized law school’s clinical
education program approved by the supreme
Court may appear before any court without
compensation, to represent indigent clients,
accepted by the Legal Clinic of the law school.
The student shall be under the direct supervision
and control of an IBP member duly accredited by
the law school.
5. Under the Labor code, non-lawyers may
appear before the NLRC or any Labor Arbiter, if
a. they represent themselves, or if
b. they represent their organization or
members thereof (Art 222, PO 442, as
amended).
6. Under the Cadastral Act, a non-lawyer can
represent a claimant before the Cadastral Court
(Act no. 2259, Sec. 9).
Public Officials who cannot engage in the
private practice of Law in the Philippines:
a. Judges and other officials as employees
of the Supreme Court (Rule 148, Sec. 35,
RRC).
b. Officials and employees of the OSG
(Ibid.)
c. Government prosecutors (People v.
Villanueva, 14 SCRA 109).
d. President, Vice-President, members of
the cabinet, their deputies and assistants
(Art. VIII Sec. 15, 1987 Constitution).
e. Members of the Constitutional
Commission (Art IX-A, Sec. 2, 1987
Constitution)
f. Ombudsman and his deputies (Art. IX,
Sec. 8 (2nd par), 1987 Constitution)
g. All governors, city and municipal mayors
(R.A. No. 7160, Sec. 90).
h. Those prohibited by special law
Public Officials with Restrictions in the
Practice of Law:
1. No Senator as member of the House of
Representative may personally appear as
counsel before any court of justice as before the
Electoral Tribunals, as quasi-judicial and other
administration bodies (Art. VI, Sec. 14, 1987
Constitution).
2. Under the Local Government Code (RA 7160,
Sec. 91)Sanggunian members may practice their
professions provided that if they are members of
the Bar, they shall not:
a. appear as counsel before any court in any
civil case wherein a local government unit
or any office, agency, or instrumentality of
the government is the adverse party;
b. appear as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused
12 | P a g e
 of an offense committed in relation to his
office;
c. collect any fee for their appearance in
administrative proceedings involving the
local government unit of which he is an
official;
d. use property and personnel of the
government except when the Sanggunian
member concerned is defending the
interest of the government.
3. Under RA 910, Sec. 1, as amended, a retired
justice or judge receiving pension from the
government, cannot act as counsel in any civil
case in which the Government, or any of its
subdivision or agencies is the adverse party or in
a criminal case wherein an officer or employee of
the Government is accused of an offense in
relation to his office.
Code of Professional Responsibility
Chapter 1: Lawyer and Society
CANON 1 – A lawyer shall uphold the
constitution, obey the laws of the land and
promote respect for law and for legal processes
Duties of Attorneys:
1. to maintain allegiance to the Republic of
the Philippines and to support the
Constitution and obey the laws of the
Philippines;
2. to observe and maintain the respect due
to the courts of justice and judicial
officers;
3. to counsel or maintain such actions or
proceedings only as appear to him as
just, and such defenses only as he
believes to be honestly debatable under
the laws;
4. 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;
5. 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;
6. 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;
7. not to encourage either the
commencement or the continuance of an
action or proceeding, or delay any man’s
cause for any corrupt motive or interest;
8. never to reject, for any consideration
personal to himself, the cause of the
defenseless or oppressed;
9. in the defense of a person accused of a
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.
Rule 1.01 – A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
Conviction for crimes involving moral turpitude –
a number of lawyers have been suspended or
disbarred for conviction of crimes involving moral
turpitude such as:
estafa
bribery
murder
seduction
abduction
smuggling
falsification of public documents
Morality as understood in law – This is a
human standard based on natural moral law
13 | P a g e
which is embodied in man’s conscience and
which guides him to do good and avoid evil.
Moral Turpitude: any thing that is done contrary
to justice, honesty, modesty or good morals.
Immoral Conduct: that conduct which is willful,
flagrant, or shameless and which shows a moral
indifference to the opinion of the good and
respectable members of the community (Arciga
vs. Maniwag, 106 SCRA 591).
Grossly Immoral Conduct: One that is so
corrupt and false as to constitute a criminal act or
so unprincipled or disgraceful as to be
reprehensible to a high degree; it is a WILLFUL,
FLAGRANT or SHAMELESS ACT which shows a
MORAL INDIFFERENCE to the opinion of
respectable members of the community. (Narag
vs. Narag, 1998)
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.
Rule 1.03 – A lawyer shall not, for any corrupt
motive or interest, encourage any suit or
proceeding or delay any man’s cause.
Rule 1.04 – A lawyer shall encourage his
clients to avoid, end or settle the controversy
if it will admit of a fair settlement.
 If a lawyer finds that his client’s cause is
defenseless, it is his burden/duty to
advise the latter to acquiesce and submit,
rather than traverse the incontrovertible.
 It is unprofessional for a lawyer to
volunteer advice to bring a lawsuit, except
in rare cases where the blood,
relationship or trust makes it his duty to
do so.
 Temper client’s propensity to litigate.
 Should not be an instigator of controversy
but a mediator for concord and conciliator
for compromise.
 The law violated need not be a penal law.
“Moral Turpitude” – everything which is done
contrary to justice, honesty, modesty or good
morals.
 Give advice tending to impress upon the
client and his undertaking exact
compliance with the strictest principles of
moral law.
 Until a statute shall have been construed
and interpreted by competent
adjudication, he is free and is entitled to
advise as to its validity and as to what he
conscientiously believes to be its just
meaning and extent.
 A lawyer has the obligation not to
encourage suits. This is so as to prevent
barratry and ambulance chasing.
Barratry – offense of frequently exciting and
stirring up quarrels and suits, either at law or
otherwise; Lawyer’s act of fomenting suits among
individuals and offering his legal services to one
of them.
Ambulance Chasing – Act of chasing victims of
accidents for the purpose of talking to the said
victims (or relatives) and offering his legal
services for the filing of a case against the
person(s) who caused the accident(s).
CANON 2 – A lawyer shall make his legal
services available in an efficient and
convenient manner compatible with the
independence, integrity and effectiveness of
the profession.
Rule 2.01 – A lawyer shall not reject, except
for valid reasons, the cause of the
defenseless or oppressed.
Rule 2.02 – In such a case, even if a lawyer
does not accept a case, he shall not refuse to
render legal advise to the person concerned if
only to the extent necessary to safeguard
latter’s rights.
Rule 2.03 – a lawyer shall not do or permit to
be done any act designed primarily to solicit
legal business.
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Primary characteristics which distinguish the
legal profession from business;
1. duty of service, of which the emolument is
a by product, and in which one may attain
the highest eminence without making
such money;
2. a relation as an ‘officer of court’ to the
administration of justice involving
thorough sincerity, integrity and reliability;
3. a relation to clients in the highest degree
of fiduciary;
4. a relation to colleagues at the bar
characterized by candor, fairness and
unwillingness to resort to current business
methods of advertising and encroachment
on their practice or dealing with their
clients.
Defenseless – not in the position to defend
themselves due to poverty, weakness, ignorance
or other similar reasons.
Oppressed – victims of acts of cruelty, unlawful
exaction, domination or excessive use of
authority.
Rule on Advertisements
General Rule: No advertisements allowed. The
most worthy and effective advertisement possible
is the establishment of a well-merited reputation
for professional capacity and fidelity to trust.
Lawyers may not advertise their services or
expertise nor 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 engaged or concerning the
manner of their conduct, the magnitude of the
interest involved, the importance of the lawyer’s
position, and all other self-laudation.
Exceptions/ Permissible advertisements:
1. Reputable law lists, in a manner
consistent with the standards of conduct
imposed by the canons, of brief
biographical and informative data, are
allowed.
2. Ordinary simple professional Card. It may
contain only a statement of his name, the
name of the law firm which he is
connected with, address, telephone
number and the special branch of law
practiced.
3. 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.
4. Advertisements or simple announcement
of the existence of a lawyer or his law firm
posted anywhere it is proper such as his
place of business or residence except
courtrooms and government buildings.
5. Advertisements or announcement in any
legal publication, including books,
journals, and legal magazines.
Rule 2.04 – A lawyer shall not charge rates
lower than those customarily or prescribed,
unless circumstances so warrant.
 A lawyer cannot delay the approval of a
compromise agreement entered into
between parties, just because his
attorney’s fees were not provided for in
the agreement.
 Rule: A lawyer cannot compromise the
case without client’s consent (special
authority). Exception: Lawyer has
exclusive management of the procedural
aspect of the litigation (e.g. Submission
for decision on the evidence so far
presented. But in case where lawyer is
confronted with an emergency and
prompt/urgent action is necessary to
protect clients interest and there’s no
opportunity for consultation, the lawyer
may compromise.
15 | P a g e
  Rule: Refrain from charging rates lower
than the customary rates.
Valid Justification: relatives, co-lawyers, too
poor
CANON 3 – A lawyer in making known is legal
services shall use only true, honest, fair
dignified and objective information or
statement of facts.
Rule 3.01 – A lawyer shall not use or permit
the use of any false, fraudulent, misleading,
deceptive, undignified, self-auditory or unfair
statement or claim regarding his
qualifications or legal services.
Violation of Rule 3.01 is unethical, whether done
by him personally or through another with his
permission.
Rule 3.02 – In the choice of a firm name, no
false, misleading, or assumed name shall be
used. The continued use of the name of a
deceased partner is permissible provided that
the firm indicates in all its communication
that said partner is deceased.
Rule 3.03 – Where a partner accepts public
office, he shall withdraw from the firm and his
name shall be dropped from the firm name
unless the law allows him to practice law
concurrently.
Rule 3.04 – A lawyer shall not pay or give
anything of value to representatives of the
mass media in anticipation of, or in return for,
publicity to attract legal business.
 It is unethical to use the name of a foreign
firm.
 Death of a partner does not extinguish
attorney-client relationship with the law
firm.
 Negligence of a member in the law firm is
negligence of the firm.
CANON 4 – A lawyer shall participate in the
improvement of the legal system by initiating
or supporting efforts in law reform and in the
administration of justice.
Examples: Presenting position papers or
resolutions for the introduction of pertinent bills in
congress; Petitions with the Supreme Court for
the amendment of the Rules of Court.
CANON 5 – A lawyer shall keep abreast of
legal developments, participate in continuing
legal education programs, support efforts to
achieve high standards in law schools as well
as in the practical training of students and
assist in disseminating information regarding
the law and jurisprudence.
Objectives of integration of the Bar
 To elevate the standards of the legal
profession
 To improve the administration of justice
 To enable the Bar to discharge its
responsibility more effectively.
The three-fold obligation of a lawyer
First, he owes it to himself to continue improving
his knowledge of the laws;
Second, he owes it to his profession to take an
active interest in the maintenance of high
standards of legal education;
Third, he owes it to the lay public to make the
law a part of their social consciousness.
CANON 6 – These canons shall apply to
lawyers in government service in the
discharge of their official tasks.
Public Officials – include elective and appointive
officials and employees, permanent or temporary,
whether in the career or non-career service,
including military and police personnel, whether
or not they receive compensation, regardless of
amount. (Sec. 3 (b), RA 6713).
The law requires the observance of the following
norms of conduct by every public official in the
discharge and execution of their official duties:
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 commitment to public interest
 professionalism
 justness and sincerity
 political neutrality
 responsiveness to the public
 nationalism and patriotism
 commitment to democracy
 simple living (Sec. 4, RA 6713)
Rule 6.01 – The primary duty of a lawyer
engaged in public prosecution is not to
convict but to see that justice is done. The
suppression of facts or the concealment of
witnesses capable of establishing the
innocence of the accused is highly
reprehensible and is cause of disciplinary
action.
Rule 6.02 – A lawyer in the government
service shall not use his public position to
promote or advance his private interest, nor
allow the latter to interfere with his public
duties.
Rule 6.03 – A lawyer shall not, after leaving
government service, accept engagements or
employment in connection with any matter in
which he had intervened while in said service.
Various ways a government lawyer leaves
government service:
 retirement
 resignation
 expiration of the term of office
 dismissal
 abandonment
Q: What are the pertinent statutory provisions
regarding this Rule?
A: Sec. 3 (d) RA 3019 as amended and Sec. 7
(b), RA 6713
Sec 3. Corrupt practice of Public Officers. In
addition to acts or omission of public officers
already penalized by existing law, the following
shall constitute corrupt practice of any public
officer and are hereby declared to be unlawful:
(d) accepting or having any member of his family
accept employment in a private enterprise which
has pending official business with him during the
pendency thereof or within one year after
termination.
Section 7 (b) of RA 6713 prohibits officials from
doing any of the following acts:
own, control, manage or accept employment as
officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by
their office unless expressly allowed by law.
These prohibitions shall continue to apply for a
period of one (1) year after resignation,
retirement, or separation from public office,
except in the case of subparagraph (b) (2) above,
but the professional concerned cannot practice
his profession in connection with any matter
before the office he used to be with, in which
case the one-year prohibition shall likewise apply.
1. Lawyers in the government service are
prohibited to engage in the private
practice of their profession unless
authorized by the constitution or law,
provided that such practice will not
conflict or tend to conflict with their official
functions.
2. Misconduct in office as a public official
may be a ground for disciplinary action (if
of such character as to affect his
qualification as lawyer or to show moral
delinquency).
3. Should recommend the acquittal of the
accused whose conviction is on appeal,
IF he finds no legal basis to sustain the
conviction.
4. Includes restriction is representing
conflicting interest (e.g. Accepting
engagements vs. former employer, PNB)
5. The OSG is not authorized to represent a
public official at any state of a criminal
case.
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Attorney’s Oath:

“I, __________________, do solemnly

swear that I will maintain allegiance to the
Republic of the Philippines; I will support its
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 willingly nor
wittingly 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 court as to my clients; and I
impose upon myself this voluntary obligations
without any mental reservation or purpose of
evasion. So help me God.”

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