Hinanay, Grace Anne Nicole R.

11687835
Legal Profession

1. Define 'Legal Profession'.

In Cayetano v. Monsod, et al. (G.R No. 100113 September 3, 1991), the 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 profession. Generally, to practice law
is to give notice or render any kind of service, which device or service requires the use in
any degree of legal knowledge or skill. According to Agpalo (2004), the practice of law is
a profession. It is a form of public trust and the performance of which is entrusted only to
those who are qualified and who possess good moral character. It is a profession and not
a trade. The basic idea is to render public service and secure justice for those who seek
its aid. It is also not a business that uses bargain counter methods to reap large profits but
rather, it is expressive of three ideals: organization, learning and public service. Livelihood
is not a professional but a secondary consideration. (P.3)

2. History of the Legal Profession in the Philippines

The evolution of the legal system in the Philippines varies through the periods of
political development our country had experienced. During Pre-Spanish period, there is
the system of Barangays. The laws were mostly unwritten and handed down by word of
mouth from generation to generation that evolved to native customs and traditions.
According to Santos (2013), during the Spanish Period, they exercised executive,
legislative and judicial powers. Through the American Period, the evolution of lawmaking
under a constitutional government. Powers were distributed in 1. the Military government,
the military governor exercised al the powers of government including legislative power.
2. We also have the Civil government. The Civil governor exercised the executive power
and was active in lawmaking. 3. Lastly, we have the Commonwealth Government where
in the Philippines adapted a presidential form of government which was adopted with
unicameral legislature, which became a bicameral Congress. When the Japanese came
to the Philippines, it restored the Supreme Court, the Court of Appeals, the Court of First
Instance and the municipal and justice of the peace courts. After the Philippines was
granted independence, the basic powers were also distributed among the executive,
legislative and the judiciary. In 1970, the Court created the Commission on Bar Integration
for the purpose of ascertaining the advisability of unifying the Philippine Bar. This was
done after receiving preliminary surveys of a strong nationwide sentiment in favor of Bar
Integration. During September 1971, Congress passed House Bill No. 3277 entitled An
Act Providing of the Philippine Bar and appropriating funds therefor signed by President
Marcos. (Republic Act No. 6397, 1971).

3. What is the current situation of the Legal Profession in the Philippines.

 At present, there is the Philippine Bar, the whole body of attorneys and counselors,
collectively, the members of the legal profession under the Supreme Court, which has the
constitutional mandate to admit, discipline and exclude from the practice of law those who
have proven themselves unworthy of continued membership in the Bar. The Court also
promulgated Rule 138 of the Rules of Court which concerns attorneys and admission to
the Bar. The Department of Justice also promulgated Administrative Order No. 162,
embodying the Canons of Judicial Ethics. The Bar is classified based into its members
various legal activities which are Prosecutory Officers, Government lawyers, Private
practitioners, legal aid lawyers, law professors and legal writers. On the other hand,
another group of notable members of the Bar are Notary Publics. They are the ones who
have been issued Commission by an Executive Judge after submitting a petition fit in
accordance with the Rules of Court. Finally, we also have the Shari a lawyers who has
passed the examinations and is a special member of the Philippine Bar and not a full-
fledged member thereof even if he is a Bachelor of Laws degree holder, he is only
authorized to practice in the Sharia courts. Only a person who is duly admitted as
members of the Philippine Bar in accordance with the Rules of Court are entitled to
practice law before the regular courts. For those aspiring to enter the field of legal
profession, the Legal Education Board created by RA No. 7622 exercises supervision on
Philippine law schools. It consists of the Chairman and regular members from the
Integrated Bar of the Philippines, Philippine Association of Law Schools, a representative
from the ranks of active law practitioners and a representative from the law students
sector. Law students also occupy a special position in our countrys legal regime because
they are given a special right to practice law by virtue of the Law Student Practice Rule
enshrined in Rule 138-A. (Santos, 2013)

Sources:

Agpalo, R. (2004). Comments on The Code of Professional Responsibility and The Code of
Judicial Conduct. Quezon City, Philippines: Rex Printing Company.

G.R No. 100113 Cayetano v. Monsod (September 3, 1991). (The LawPhil Project, Dist. File).

Santos, A. (2013). A Guide to Philippine Legal Information: An Introduction to Legal

Bibliography, Legal History, Legal System, Legal Philosophy, Legal Research, Legal Profession.
Quezon City, Philippines: University of the Philippines, College of Law.

Philippines. (1971). Republic Act No. 6397. An Act of Providing for the Integration of the
Philippine Bar, and Appropriating Funds Therefor.