UNIVERSITY

OF SAN CARLOS
SCHOOL OF LAW AND GOVERNANCE
College of Law

RELEVANT LAWS AND JURISPRUDENCE
(Problem Areas in Legal Ethics)

Module 3

Practice of Law (Part 2)

Ø When non-lawyers may practice law: Revised Law Student Practice Rule (A.M.
No. 19-03-24-SC; effective 2 August 2019 per OCA Circular No. 129-19); Article
228 of Labor Code of the Phils., as amended, in relation to Sec. 6, Rule III of the
2011 Rules of Procedure of the NLRC and NLRC Memorandum Circular No. 2-
01-04 (Strict Application of the Requirements for Appearances of Lawyers or
Non-Lawyers); Recovery of attorney’s fees by non-lawyers (PAFLU v.
Binalbangan Isabela Sugar Co., G.R. No. L-23959, Nov. 29, 1971; Five J Taxi v.
NLRC, G.R. No. 111474, Aug. 22, 1994); NCIP Admin. Circular No. 1-03; Revised
Implementing Rules and Regulations of RA No. 10606, Sec. 113 (Legal
Representation)

Ø Public officials prohibited from practice of law: Rule 138, Sec. 35; RA 7160, Sec.
90; 1987 Constitution, Articles VIII, IX-A, Section 8; RA 6713; People v.
Villanueva, 14 SCRA 109, Aquino v. Blanco, 79 Phil. 647; RA 910; RA 6713;
Unauthorized private practice/filing petitions for commission as a notary
public while employed as a court attorney (Atty. Muring, Jr. v. Atty. Gatcho,
Court Attorney V, et al., A.M. No. CA-05-19-P, August 31, 2006); A.M. No. 08-6-
352-RTC, August 19, 2009 (Query of Atty. Karen M. Silverio-Buffe, former
Clerk of Court – Branch 81, Romblon – on the Prohibition from Engaging in the
Private Practice of Law); A.M. No. 10-5-7-SC, December 7, 2010 (Olazo v.
Justice Dante O. Tinga [Ret.] on private practice of law after separation from
public office); Lingan v. Calubaquib, A.C. No. 5377, June 30, 2014; Fajardo v.
Alvarez, A.C. No. 9018, April 20, 2016; Sedano v. Atty. Bendita, A.C. No. 10611,
Oct. 5, 2020 – Vice Mayor and Mayor of an LGU

Ø Private practice of law without authority: Revised Civil Service Rules, Section
12; Yumol, Jr. v. Ferrer, Sr., A.C. No. 6585, 21 April 2005; Busilac Builders, Inc.,
et al. v. Judge Charles Aguilar, A.M. No. RTJ-03-1809, October 17, 2006;
Cabalida v. Lobrido, Jr., A.C. No. 7972, Oct. 3, 2018

Ø Right to resume practice of law: B.M. No. 2112, July 24, 2012; B.M. No. 1678,
December 17, 2007

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