11.

Practice of Law, a profession not a Business

Primary Characteristics distinguishing the Legal Profession from Business:
1. A duty of public service, emolument is a by-product.
2. A relation as officer of the court to the administration of justice involving thorough sincerity,
integrity, and reliability.
3. Relation to the client in the highest degree fiduciary.
4. 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.
12. Private practice consists of frequent and customary actions, more than an isolated appearance.
13. The power to admit applicants to the practice of law is judicial in nature and
involves the exercise of judicial discretion.
a.Traditionally exercised by the Supreme Court as an inherent part of its judicial power.
the bar (Previously established Rules and Principles) that applicants should
b.Rationale
comes from the nature of a judicial function and the role played by attorneys in the administration of
justice.
c.The admission to the practice of law requires:
1. Previously established Rules and Principles. (By Constitutional mandate, a primary responsibility of
the Supreme Court)
2. Concrete Facts, past or present,affecting determinate individuals.(Brought about by the applicant
for admission to the bar)
3. A Decision as to whether the facts are governed by rules and principles. (Involves judicial adjudication
which essentially a function of the court)
14. Legislative Power to enact laws to regulate practice of law.
The legislature may, however, enact laws with respect to the first requisite for the admission to
A. The legislature may pass a law for additional qualifications for candidates for admission to the
practice or filling up deficiencies in the requirements for admission to the bar.
B. Such law may not, however, be given retroactive effect so as to entitle a person, not otherwise
qualified, to be admitted.
C. Such law will not preclude the Supreme Court from fixing other qualifications and requirements.

Reason: Legislature has no power to grant a layman the privilege to practice law nor control the
Supreme Court in its responsibility to decide who may be admitted.

The Legislature, in the exercise of its POLICE POWER may, however, enact laws regulating the
practice of law to protect the public and promote the public welfare.
1. A law declaring illegal and punishable the unauthorized practice of law.
2. Require further examination for any attorney desiring to practice before any quasi-judicial or
administrative agency. Whatever law may be passes is merely in aid of the judicial power to regulate.
But the legislature MAY NOT pass a law that will control the Supreme Court in the performance of its
function to decide who may enjoy the privilege of practicing law and any law of that kind is
unconstitutional as an invalid exercise of legislative power.
RA 972 (the Bar Flunkers Act) aims to admit to the Bar, those candidates who
suffered from insufficiency of reading materials and inadequate preparation. By its declared objective,
the law is contrary to public interest because it qualifies 1,094 law graduates who confessedly had
inadequate preparation for the practice of the profession, as was exactly found by this Tribunal in the
aforesaid examinations. An adequate legal preparation is one of the vital requisites for the practice of
law
15. Requirement for Admission to the Bar (p.19)
1. Citizen of the Philippines.
2. Resident of the Philippines
3. At least 21 years old
4. Successfully completed all prescribed courses.
5. Passed the bar exams.
6. Production before the Supreme Court satisfactory evidence of
a. Good moral character
b. No charges against him, involving moral turpitude, have been filed or are pending in
any court in the Philippines.
7. Take the Lawyers Oath
8. Sign the Roll of Attorneys
9. Issuance of Certificate
10. Payment of IBP Funds
16. Must have been admitted to the bar. A lawyer is one who:
1. Passed the bar exams.

2. Taken the lawyers oath before the Supreme Court en banc.

3. Signed in the roll of attorneys.
4. Received a certificate of license to practice law from the Clerk of
Court of the Supreme Court.
5. Furnished satisfactory proof or educational, moral, and other
qualifications.

1. Remain an IBP member in good standing by regularly paying IBP dues and other lawful
assessments.
2. Pay annual privilege tax.
3. Faithfully observe the rules and ethics of the legal profession.
4. Be continually subjected to judicial disciplinary control.
17. A non lawyer may appear in court NO, exceptions:
1.Before the MTC - a party mayconduct his case or litigation inperson with the aid of an agent or
friend appointed by him. [Sec. 34, Rule 138]
2. Before any other court a party may conduct his litigation personally. [Sec. 34, Rule 138]. He
is bound by the same rules in conducting the trial of his case. He cannot, after judgment, claim that
he was not properly represented.
3. In a 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 that province, of good repute
for probity and ability to represent the accused in his defense. [Sec. 7, Rule 116]
4. Student Practice Rule - A law student who has successfully completed his 3rd year of the
regular 4-year prescribed law curriculum and is enrolled in a recognized law schools clinical legal
education program approved by the SC may appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal, board or officer, to represent indigent clients
accepted by the Legal Clinic of the school. [Sec. 1, Rule 138-A] The student shall be under the direct
supervision and control of a member of the IBP duly accredited by the law school. [Sec. 2]
5. Under the Labor Code non-lawyers may appear before the NLRC or any Labor Arbiter if they
(a) represent themselves;
(b) represent their organization or members thereof [Art. 222, PD 442]
6. A non-lawyer or layman may represent a claimant before the Cadastral Court [Sec. 9, Act. No.
2259]

7. Any official or other person appointed to appear for the Government of the Philippines in
accordance with law shall have all the rights of a duly authorized member of the bar in any case in
which said government has an interest [Sec. 33, Rule 138]
18. A party may represent himself
In Civil Cases, individual litigant has the right to conduct his litigation personally.
He will still be bound by the same rules of procedure and evidence as those applicable to a party
appearing through counsel.
He may not be heard to complain later that he has been deprived of the right to the assistance
of counsel.
appear by counsel. He cannot conduct his own defense, as his right to counsel may not be waived
without violating his right to due process of law.

ed by its agent or officer who need not be a lawyer.

19. Three Instances when a lawyer cannot practice:
1. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the parties must
appear in person without the assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not lawyers. (SEC. 415. Local
Government Code)
2. Appearance through a representative must be for a valid cause. the representative of an individualparty must not be a lawyer, and must be related to or next-of-skin of the individual-party. juridical
entities shall not be represented by a lawyer in any capacity. (A. M. No. 08-8-7-SC, RULE OF
PROCEDURE FOR SMALL CLAIMS CASES)
3. A lawyer shall not, after leaving government service, accept engagement or employment in
connection with any matter in which he had intervened while in said service. (Rule 6.03, CANON 6)
20. Remedies against unauthorized practice
1. Injunction.
2. Declaratory Relief.
3. Contempt of Court.
4. Petition for Disqualification.
5. Complaint for Disbarment.
6. Administrative complaint for public officer.

7. Criminal complaint for Estafa

19.Three Limitations in the appearance of a layman on behalf of another:

1. Layman should confine his work to non-adversary contentions. Should not undertake purely legal
work such as examination of witnesses or presentation of evidence.
2. Services should not be habitually rendered.
3. Should not charge or collect attorneys fees.
18. May a party represent himself YES