Attorneys

and
Admission
to
the Bar
 Power to Regulate and Admit
Practice of Law: Sec. 5 (5), Art. VIII, 1987 Constitution

• 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. XXXXXXXXX
 In re: Cunanan
• Republic Act No. 972, the “Bar Flunkers’ Act of
1953.”
• “An Act to Fix the Passing Marks for Bar
Examinations from 1946 up to and including
1955”
• In the judicial system from which ours has been
evolved, the admission, suspension, disbarment
and reinstatement of attorneys at law in the
practice of the profession and their supervision
have been indisputably a judicial function and
responsibility.
 Privileges and General Duties of
Attorney
• Code of Professional Responsibility
– 4 Chapters
• Chapter 1: The Lawyer and the Society
– Canons 1-6
• Chapter 2: The Lawyer and the Legal Profession
– Canons 7-9
• Chapter 3: The Lawyer and the Courts
– Canons 10-13
• Chapter 4: The Lawyer and the Client
– Canons 14-22
• Sec. 20, Rule 138 or the Rules of Court
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.
 Privileges of a Lawyer
To practice law during good behavior before any
judicial, quasi judicial or administrative
tribunal;
Enjoys presumption of regularity in the
discharge of his functions.
Enjoys immunity from liability to third persons
in the performance of his obligations to his
client;
His statements are privileged if relevant,
pertinent or material to the subject of a
judicial inquiry;
 Privileges of a Lawyer
Has the right to protest, in a respectful
manner, any unwarranted treatment of a
witness or any unjustified delay in the
administration of justice; and
Passing the bar is equivalent to a first grade
civil service eligibility for any position in the
classified service in the government the
duties of which require knowledge of law,
and a second grade civil service eligibility
for any government position.
Lawyer-economist
Lawyer-manager
Lawyer-entrepreneur
Lawyer-negotiator of contracts
Lawyer-legislator

Cayetano v. Monsod
 What Constitutes Practice of Law?
• General Concept of Practice of Law.
– 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 legal profession.
Generally, to practice law is to give notice or
render any kind of service, which devise or
service requires the use, in any degree, of
legal knowledge or skill.
 What Constitutes Practice of Law?
• What constitutes private practice?
• People v. Villanueva ----Lim-Santiago v.
Sagucio
• Lawyers in the Academe – In Re Letter of
UP Law Faculty Entitled “Restoring
Integrity…”
• Paralegal Services – ULEP v. Legal Clinic,
Inc.
• Annex A
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Annex B
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DON PARKINSON
an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through The Legal
Clinic beginning Monday to Friday during office hours.
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 Practice of Law: Privilege or Right?
• Profession, Not Business
• It is a settled principle that the compensation of
a lawyer should be but a mere incident of the
practice of law, the primary purpose of which is
to render public service. The practice of law is a
profession and not a money-making trade.
• Appropriation of Money Belonging to a Third
Person as Attorney’s Fees: Malecdan vs. Pekas,
A.C. No. 5830, January 26, 2004; Claim for
Additional Legal Fees: Pineda vs. De Jesus, G.R.
No. 155224, August 23, 2006.
 Who may Practice Law?

• Section 1, Rule 138. 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.
 When May Non-Lawyers Practice Law?

1. Section 34, Rule 138 of the Rules of Court: in

the court of a justice of the peace a party
may conduct his litigation in person, with the
aid of an agent or friend appointed by him
for the purpose.

2. Before any other court, a party may conduct

his litigation personally or by an attorney.
Bound by the same rules.
 When May Non-Lawyers Practice Law?
3. Sec. 7, Rule 116, Rules of Court: In a criminal
case before the MTC in a locality where
there is no member of the bar, the judge
may appoint a resident of the province , of
good repute for probity and ability to aid
the accused in his defense.
4. Bar Matter No. 730, Circular No. 19, in
conjunction with Rule 138-A of the Rules of
Court governing law student practice.
 A.M. No. 19-03-24-SC
June 25, 2019

• Amendment to Rule 138-A, ROC

• A law student now needs to be certified to be
able to engage in the limited practice of law.
• To take effect start of AY 2020-2021
• Level 1 or 2 Certification
• Qualifications as basis
When May Non-Lawyers Practice Law?

5. Art. 222, Labor Code: Non-lawyers may

appear before the NLRC or any Labor Arbiter
provided: a.) They represent themselves or
b.) If they represent their organization or
members, they must have the written
authorization or c.) They are members of a
duly accredited legal aid office by the DOJ or
the IBP and the case was referred to them.
When May Non-Lawyers Practice Law?
6. Sec. 9, Act No. 2259, The Cadastral Act: A
non-lawyer may represent a claimant before
the Cadastral Court.

7. Sec. 33, Rule 138, Rules of Court: Any person

appointed to appear for the Government of
the Philippines in accordance with law.

8. Before the Department of Agrarian Reform

Adjudication Board (DA-RAB).
 Public Officials Prohibited to
Practice Law
1. Judges and other officials or employees of
the superior court (Sec. 35, Rule 138, Rules of
Court);
2. Officials and employees of the Office of the
Solicitor General;
3. Government Prosecutors;
4. President, Vice President, members of the
Cabinet, their deputies and assistants;
 Public Officials Prohibited to
Practice Law
5. Members of the Constitutional Commissions (Sec. 2,
Art. IX-A, 1987 Constitution);
6. Members of the Judicial Bar Council;
7. Ombudsman and his deputies (Sec. 8, Art. IX, 1987
Constitution);
8. All governors, city and municipal mayors (Sec. 90,
R.A. No. 7160); and
9. Those who by special law are prohibited from
engaging in the practice of their legal profession.
(Sec. 7, R.A. 6713)
Public Officials with Restrictions to Practice Law
1. Senators or members of the House of
Representatives are prohibited by the Constitution
to personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies.
2. Under Sec. 1, R.A. 910, as amended, retired justice
or judge receiving pension from the Government
cannot acts as counsel in any civil case where the
Government, any subdivision or agency is a party or
in a criminal case where an officer or employee of
the Government any subdivision or agency is
accused of an offense related to his office.
Public Officials with Restrictions to Practice Law
3. Under Sec. 90, R.A. 7160, Sangguniang members may practice
provided that the appearance is not:
a. Before a court wherein a local government unit or any
office, agency or instrumentality of the government is the
adverse party;
b. In a criminal case where an officer or employee of the
national or local government is accused of a crime
committed in relation to his office;
c. Collect any fee for their appearance in administrative
proceedings involving the local government where he is an
official; and
d. Use property and personnel of the Government except
when the sangguniang members concerned is defending the
interest of the Government.
 Prohibition or Disqualification of
Former Government Attorneys
• Not accept engagement or employment in connection
with any matter in which he had intervened while in
said service. (Rule 6.03, Code of Professional
Responsibility)
• The “revolving door” theory is the process by which
lawyers temporarily enter government service from
private life then leave it for large fees in private
practice, where they can exploit information, contacts,
and influence garnered in government service. (PCGG
vs. SB, et al., citing Wolfman, Modern Legal Ethics,
[1986], p. 456).
 Qualifications/Requirements for
Admission: Sec. 2, Rule 138, Rules of Court
• 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.
 Qualifications/Requirements for Admission:
Sec. 2, Rule 138, Rules of Court
• Citizenship: Filipino- In Re: Application for
Admission to the Philippine Bar, Ching;
Reacquisition of Citizenship- Petition to Resume
Practice of Law, Benjamin M. Dacanay,
• Exceptions: Secs. 3, Rule 138, Rules of Court.
• Age: At least 21 years of age
• Proof of Possession of Good Moral Character- Tan
vs. Sabandal, In Re: Petition to Take the Lawyer’s
Oath, Villanueva, Aguirre v, Rana, Villa v. Ama, et
al.
• Resident of the Philippines
 Requirements for applicants from
other jurisdictions
• Applicants for admission who, being Filipino citizens, are
enrolled attorneys in good standing in the Supreme Court
of the United States or in any circuit court of appeals or
district court therein, or in the highest court of any State
or Territory of the United States, and who can show by
satisfactory certificates that they have practiced at least
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.
• In Re: Petition of Quisumbing for Admission to the Bar
 Qualifications/Requirements for
Admission: Sec. 5, Rule 138, Rules of Court
• 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.
• In Re: Application of Hernandez to the Take the 1993 Bar
Examination
 Qualifications/Requirements for
Admission: Sec. 6, Rule 138, Rules of Court
• 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.
 Shari’a Bar
• Shari’a Law
• PRESIDENTIAL DECREE NO. 1083
• A DECREE TO ORDAIN AND PROMULGATE A CODE
RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM
LAWS, CODIFYING MUSLIM PERSONAL LAWS,
AND PROVIDING FOR ITS ADMINISTRATION AND
FOR OTHER PURPOSES.
• Alawi vs. Alauya