LEGAL PROFESSION

Atty. Bruneson I. Alabastro, CPA

First Semester, A. Y. 2017-2018
Jose Maria College College of Law
Inspired from the Notes and Lectures of Atty. January Faye Risonar-Bello

INSTRUCTIONS:
Read the Chapters of the Book for your reference, discussions in class will focus
on the Topics and Cases as arranged and presented in this Syllabus
To the Class President:
o Assign your classmates their respective cases as indicated in the syllabus.
Recitations of the cases will be assigned, so report the facts, issues and
ruling of the Supreme Court in relation to the topics that they are
assigned in this syllabus.
o Please furnish me a copy of the class seat-plan on July 1, 2017, our first
meeting.
To the Class: Please read all provisions, cases and laws in the syllabus; formal
discussions will begin on our 1st meeting.

REFERENCE:
1. Legal Profession by Edgardo M. Villareal II
a. Check the relevant Appendices for the Codal Provisions always
b. For Rules in the Rules of Court, or codal provisions under certain laws not
in the book, always secure a copy for class discussion

PRACTICE OF LAW and THE LEGAL PROFESSION

Read: Chapters I VII, IX and XIV of the book

Practice of Law, defined

Rule 138, Sec. 1

G.R. No. 100113 September 3, RENATO CAYETANO, petitioner, vs.

1991 CHRISTIAN MONSOD, HON. JOVITO R.
SALONGA, COMMISSION ON
APPOINTMENT, and HON. GUILLERMO
CARAGUE, in his capacity as Secretary of
Budget and Management, respondents.
G.R. No. L-19450 May 27, 1965 THE PEOPLE OF THE PHILIPPINES, plaintiff-
appellee, vs. SIMPLICIO VILLANUEVA,
defendant-appellant.
Bar Matter No. 553 June 17, 1993 MAURICIO C. ULEP, petitioner, vs. THE
LEGAL CLINIC, INC., respondent.

Criteria in determining whether a person is engaged in the practice of law

See Justice Padillas dissent in Cayetano v. Monsod
 LEGAL PROFESSION
ATTY. BRUNESON I. ALABASTRO, CPA

Practice of Law, concepts

Impressed with public interest (1987 Constitution, Art. VIII, Sec. 5, Par. 5)

A.C. No. 6593 February 4, 2010 MAELOTISEA S. GARRIDO, Complainant, vs.

ATTYS. ANGEL E. GARRIDO and ROMANA
P. VALENCIA, Respondents.

Not a money-making venture

A.C. No. 5830 January 26, 2004 MARY D. MALECDAN, complainant, vs.
ATTY. PERCIVAL L. PEKAS and ATTY.
MATTHEW P. KOLLIN, respondents.

Privilege burdened with conditions, to some degree a right

A.C. No. 7902 September 30, TORBEN B. OVERGAARD, Complainant, vs.

2008 ATTY. GODWIN R. VALDEZ, Respondent.
A.C. No. 10134 November 26, PHILIPPINE ASSOCIATION OF COURT
2014 EMPLOYEES (PACE), represented by its
President, ATTY. VIRGINIA C. RAFAEL,
Complainant, vs. ATTY. EDNA M.
ALIBUTDAN-DIAZ, Respondent.
A.M. No. 2266 October 27, 1983 HERMINIO R. NORIEGA, complainant, vs.
ATTY. EMMANUEL R. SISON, respondent.
G.R. No. L-28899 May 30, 1974 ALFREDO C. TAJAN, petitioner, vs. HON.
VICENTE N. CUSI, JR., Judge, Court of First
Instance of Davao, respondent.

Profession, not trade or business

A.C. No. L-1117 March 20, 1944 THE DIRECTOR OF RELIGIOUS AFFAIRS,
complainant, vs. ESTANISLAO R. BAYOT,
respondent
July 30, 1979 PETITION FOR AUTHORITY TO CONTINUE
USE OF THE FIRM NAME "SYCIP, SALAZAR,
FELICIANO, HERNANDEZ & CASTILLO."
A.C. No. 6672 September 4, PEDRO L. LINSANGAN, Complainant, vs.
2009 ATTY. NICOMEDES TOLENTINO,
Respondent.
A.C. No. 6792 January 25, 2006 ROBERTO SORIANO, Complainant, vs. Atty.
MANUEL DIZON, Respondent.

Qualifications:
Initial requirements
o Rules of Court: Rule 138, Secs. 2, 5, 6, 14, 17, 18, 19
o c.f. citizenship requirement R.A. 9225 and 1987 Constitution, Art. XII,
Sec. 14

G.R. No. 666 January 14, 1902 IN THE MATTER OF THE PETITION OF J.
GARCIA BOSQUE FOR ADMISSION TO THE
PRACTICE OF LAW IN THE PHILIPPINE
ISLANDS.

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 LEGAL PROFESSION
ATTY. BRUNESON I. ALABASTRO, CPA

B.M. No. 1678 December 17, PETITION FOR LEAVE TO RESUME

2007 PRACTICE OF LAW, BENJAMIN M.
DACANAY, petitioner.
A.M. No. L-363 July 31, 1962 IN RE: DISBARMENT PROCEEDINGS
AGAINST ATTY. DIOSDADO Q. GUTIERREZ,
respondent.
B.M. No. 712 March 19, 1997 RE: PETITION OF AL ARGOSINO TO TAKE
THE LAWYERS OATH
A.C. No. 439 April 12, 1961 LEDESMA DE JESUS-PARAS, petitioner, vs.
QUINCIANO VAILOCES, respondent.

o Lawyers Oath (Form 28 of the Judicial Standard Forms)

A.C. No. 5118 (A.C. September 9, 1999 MARILOU SEBASTIAN, complainant, vs.
CBD No. 97-485) ATTY. DOROTHEO CALIS, respondent.

Continuing Requirements
o Membership in the Integrated Bar of the Philippines

January 9, 1973 IN THE MATTER OF THE INTEGRATION OF

THE BAR OF THE PHILIPPINES.
A.M. No. 1928 August 3, 1978 In the Matter of the IBP Membership Dues
Delinquency of Atty. MARCIAL A. EDILION
(IBP Administrative Case No. MDD-1)

o Payment of IBP dues and PTR

Rules of Court: Rule 139-A, Sec. 9, 10
Local Government Code of 1991: Book II, Sec. 139

Adm. Case No. January 20, 2000 SOLIMAN M. SANTOS, JR., complainant, vs.
4749 ATTY. FRANCISCO R. LLAMAS, respondent.

o Good and regular standing

o Requirement of good moral character

June 29, 1998 JULIETA B. NARAG, complainant, vs. ATTY.

A.C. No. 3405 DOMINADOR M. NARAG, respondent.
March 18, 2014 JULIETA B. NARAG, Complainant, vs. ATTY.
DOMINADOR M. NARAG, Respondent.
B. M. No. 1154 June 8, 2004 IN THE MATTER OF THE
DISQUALIFICATION OF BAR EXAMINEE
HARON S. MELING IN THE 2002 BAR
EXAMINATIONS AND FOR DISCIPLINARY
ACTION AS MEMBER OF THE PHILIPPINE
SHARIA BAR, ATTY. FROILAN R.
MELENDREZ, petitioner.
A.C. No. 10179 March 4, 2014 BENJAMIN Q. ONG, Complainant, vs. ATTY.
(Formerly CBD 11- WILLIAM F. DELOS SANTOS, Respondent.
2985)

o Mandatory Continuing Legal Education (MCLE)

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 LEGAL PROFESSION
ATTY. BRUNESON I. ALABASTRO, CPA

Bar Matter No. 850 October 2, 2001 Mandatory Continuing Legal Education;
ADOPTING THE REVISED RULES ON THE
CONTINUING LEGAL EDUCATION FOR
MEMBERS OF THE INTEGRATED BAR OF
THE PHILIPPINES

Appearance of Non-Lawyers
General Rule: Only those who are licensed to practice law can appear and handle
cases in court, and other tribunals
Exceptions:
o Student Practice Rule (Rule 138-A; Bar Matter No. 730, June 13, 1997)

G.R. No. 154207 April 27, 2007 FERDINAND A. CRUZ, Petitioner, vs.
ALBERTO MINA, HON. ELEUTERIO F.
GUERRERO and HON. ZENAIDA LAGUILLES,
Respondents.

o Self-representation (Rules of Court, Rule 115, Sec. 1 (c))

o Non-lawyers in Courts
Before the MTCs (Rule 138, Sec. 34)
Before any other court (Rule 138, Sec. 34)
In a criminal case before the MTC (Rules of Court, Rule 116, Sec.
7)
Before Cadastral Courts/MTCs [Delegated Jurisdiction in Cadastral
and Land Registration Cases] (Act. No. 2259, Sec. 9)

o Non-Lawyers in other tribunals:

Before the NLRC (Art. 228 of the Labor Code)
By appointment and designation in accordance with law (Rule 138,
Sec. 33)
Mediation and Conciliation Proceedings
(R.A. 9285, Sec. 14)
(Department Order No. 107-10, Sec. 12)
International Commercial Arbitration (R.A. 9285, Sec. 22)

o Where lawyers are prohibited:

In all Katarungang Pambarangay proceedings (R.A. 7160, Sec. 415)
Before Small Claims Courts (A.M. No. 08-8-7-SC, Sec. 17)
Certain Public Officers, with respect to private practice

Sanctions for Practice or Appearance without Authority:

Contempt of Court (Rules of Court Rule 71, Sec. 3(e))

G.R. No. L-23959 November 29, PHILIPPINE ASSOCIATION OF FREE LABOR

1971 UNIONS (PAFLU), ENRIQUE ENTILA &
VICTORIANO TENAZAS petitioners, vs.
BINALBAGAN ISABELA SUGAR COMPANY,
COURT OF INDUSTRIAL RELATIONS, &
QUINTIN MUNING respondents.
A.M. OCA IPI No. June 20, 2012 JUVY P. CIOCON-REER, ANGELINA P.
09-3210-RTJ CIOCON, MARIVIT P. CIOCON-

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 LEGAL PROFESSION
ATTY. BRUNESON I. ALABASTRO, CPA

HERNANDEZ, and REMBERTO C. KARAAN,

SR., Complainants, vs. JUDGE ANTONIO C.
LUBAO, Regional Trial Court, Branch 22,
General Santos City, Respondent.

Administrative Liability

A.M. No. P-220 December 20, JULIO ZETA, complainant, vs. FELICISIMO
1978 MALINAO, respondent.
A.M. No. 2266 October 27, 1983 HERMINIO R. NORIEGA, complainant, vs.
ATTY. EMMANUEL R. SISON, respondent.

Suspension, disbarment, and other forms of discipline (Rule 138, Sec. 27)

A. M. No. 139 March 28, 1983 RE: ELMO S. ABAD, 1978 Successful Bar
Examinee. ATTY. PROCOPIO S. BELTRAN,
JR., President of the Philippine Trial
Lawyers Association, Inc., complainant, vs.
ELMO S. ABAD, respondent.
A.C. No. 9401 October 22, 2013 De Leon v. Pedrea
A.C. No. 8261 & March 11, 2015 Campugan v. Tolentino, Jr.
8725

Criminal Liability (Usurpation of Civil Status, Art. 348 of the Revised Penal Code)
o Sections 7 (b) (2) and 11 of Republic Act No. 6713

G.R. No. L-12510 August 27, 1917 THE UNITED STATES, plaintiff-appellee, vs.
CESAREO DURBAN, defendant-appellant.

Public Officials and the Practice of Law:

A.M. No. 202 July 22, 1975 RENE P. RAMOS, complainant, vs. MOISES
R. RADA, respondent.
G.R. No. L-38974 March 25, 1975 OMICO MINING AND INDUSTRIAL
CORPORATION and FREDERICK G.
WEBBER, petitioners, vs. JUDGE AMADOR
T. VALLEJOS, in his capacity as Judge of
the Court of First Instance of Cavite,
ALFREDO CATOLICO, and LEONARDO
ALCID, in his capacity as City Sheriff of
Manila

Absolute Prohibitions or Disqualifications:

1. Judges and other officials and employees of the superior courts or of the
Office of the Solicitor General (Rule 138, Sec. 35)
2. Official and employees of other government prosecution offices (People v.
Villanueva, supra.)
3. President, Vice-President and members of the cabinet and their deputies
and assistants (1987 Constitution, Art. VII, Sec. 13)
4. Members of Constitutional Commissions (1987 Constitution, Art. IX-A, Sec.
2)
5. Ombudsman and his deputies (1987 Constitution, Art. IX, Sec. 8)

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 LEGAL PROFESSION
ATTY. BRUNESON I. ALABASTRO, CPA

6. Civil Service Officers or employees whose duties and responsibilities

require that their entire time be at the disposal of the government (Ramos
v. Rada, supra.)
7. Governors, City or Municipal Mayors (R.A. 7160, Sec. 90 (a))
8. Those who by special law are prohibited from engaging in the practice of
their legal profession (R.A. 6713, Sec. 7 (b) (2))

Partial (Relative) Prohibition or Disqualification:

1. Lawyer-Member of the Legislative (1987 Constitution, Art VI, Sec. 14)

G.R. No. L-51122 March 25, 1982 EUGENIO J. PUYAT, et. al. vs. HON.
SIXTO T. J. DE GUZMAN, JR., as Associate
Commissioner of the Securities &
Exchange Commission, et. al.

2. Sanggunian Members (R.A. 7160, Sec. 90 (b))

3. Punong barangay

A.C. No. 5738 February 19, 2008 WILFREDO M. CATU, complainant, vs.
ATTY. VICENTE G. RELLOSA, respondent.

4. Lawyers in the Executive Department (MEMORANDUM CIRCULAR NO. 17

(September 4, 1986); Sec. 12, Rule XVIII of the Revised Civil Service
Rules)

A.M. No. P-88-269 December 29, OSCAR ABETO, complainant, vs. MANUEL
1995 GARCESA, Stenographic Reporter,
Regional Trial Court, Branch 45, Bacolod
City, respondent.
A.M. No. RTJ-03- October 17, 2006 BUSILAC BUILDERS, INC. and ROMEO M.
1809 CAMARILLO, complainants, vs. JUDGE
[Formerly A.M. CHARLES A. AGUILAR, REGIONAL TRIAL
OCA IPI No. 03- COURT, LAOAG CITY, BRANCH 12,
1643-RTJ] respondent.

A.C. No. 5688 June 4, 2009 FELIPE E. ABELLA, Complainant, vs. ATTY.
ASTERIA E. CRUZABRA, Respondent.

Special Restrictions (R.A. 910, Sec. 1)

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