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Sec. 31, Rule 127 of the Rules of Court provides that in the court of a justice
G.R. No. L-19450 May 27, 1965
of the peace a party may conduct his litigation in person, with the aid of an
agent or friend appointed by him for that purpose, or with the aid of an
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, attorney. Assistant City Attorney Fule appeared in the Justice of the Peace
vs. Court as an agent or friend of the offended party. It does not appear that he
SIMPLICIO VILLANUEVA, defendant-appellant. was being paid for his services or that his appearance was in a professional
capacity. As Assistant City Attorney of San Pablo he had no control or
intervention whatsoever in the prosecution of crimes committed in the
Office of the Solicitor General for plaintiff-appellee. municipality of Alaminos, Laguna, because the prosecution of criminal
Magno T. Buese for defendant-appellant. cases coming from Alaminos are handled by the Office of the Provincial
Fiscal and not by the City Attornev of San Pablo. There could be no
PAREDES, J.: possible conflict in the duties of Assistant City Attorney Fule as Assistant
City Attorney of San Pablo and as private prosecutor in this criminal case.
On the other hand, as already pointed out, the offended party in this criminal
On September 4, 1959, the Chief of Police of Alaminos, Laguna, charged Simplicio case had a right to be represented by an agent or a friend to protect her
Villanueva with the Crime of Malicious Mischief before the Justice of the Peace Court rights in the civil action which was impliedly instituted together with the
of said municipality. Said accused was represented by counsel de officio but later on criminal action.
replaced by counsel de parte. The complainant in the same case was represented by
City Attorney Ariston Fule of San Pablo City, having entered his appearance as private
prosecutor, after securing the permission of the Secretary of Justice. The condition of In view of the foregoing, this Court holds that Asst. City Attorney Ariston D.
his appearance as such, was that every time he would appear at the trial of the case, Fule may appear before the Justice of the Peace Court of Alaminos, Laguna
he would be considered on official leave of absence, and that he would not receive as private prosecutor in this criminal case as an agent or a friend of the
any payment for his services. The appearance of City Attorney Fule as private offended party.
prosecutor was questioned by the counsel for the accused, invoking the case
of Aquino, et al. vs. Blanco, et al., WHEREFORE, the appeal from the order of the Justice of the Peace Court
L-1532, Nov. 28, 1947, wherein it was ruled that "when an attorney had been of Alaminos, Laguna, allowing the apprearance of Ariston D. Fule as private
appointed to the position of Assistant Provincial Fiscal or City Fiscal and therein prosecutor is dismissed, without costs.
qualified, by operation of law, he ceased to engage in private law practice." Counsel
then argued that the JP Court in entertaining the appearance of City Attorney Fule in
the case is a violation of the above ruling. On December 17, 1960 the JP issued an The above decision is the subject of the instant proceeding.
order sustaining the legality of the appearance of City Attorney Fule.
The appeal should be dismissed, for patently being without merits.1äwphï1.ñët
Under date of January 4, 1961, counsel for the accused presented a "Motion to Inhibit
Fiscal Fule from Acting as Private Prosecutor in this Case," this time invoking Section
Aside from the considerations advanced by the learned trial judge, heretofore
32, Rule 27, now Sec. 35, Rule 138, Revised Rules of Court, which bars certain
reproduced, and which we consider plausible, the fallacy of the theory of defense
attorneys from practicing. Counsel claims that City Attorney Fule falls under this
counsel lies in his confused interpretation of Section 32 of Rule 127 (now Sec. 35,
limitation. The JP Court ruled on the motion by upholding the right of Fule to appear
Rule 138, Revised Rules), which provides that "no judge or other official or employee
and further stating that he (Fule) was not actually enagaged in private law practice.
of the superior courts or of the office of the Solicitor General, shall engage in private
This Order was appealed to the CFI of Laguna, presided by the Hon. Hilarion U.
practice as a member of the bar or give professional advice to clients." He claims that
Jarencio, which rendered judgment on December 20, 1961, the pertinent portions of
City Attorney Fule, in appearing as private prosecutor in the case was engaging in
which read:
private practice. We believe that the isolated appearance of City Attorney Fule did not
constitute private practice within the meaning and contemplation of the Rules. Practice
is more than an isolated appearance, for it consists in frequent or customary actions, a
succession of acts of the same kind. In other words, it is frequent habitual exercise Republic of the Philippines
(State vs. Cotner, 127, p. 1, 87 Kan. 864, 42 LRA, M.S. 768). Practice of law to fall SUPREME COURT
within the prohibition of statute has been interpreted as customarily or habitually Manila
holding one's self out to the public, as customarily and demanding payment for such
services (State vs. Bryan, 4 S.E. 522, 98 N.C. 644, 647). The appearance as counsel
EN BANC
on one occasion is not conclusive as determinative of engagement in the private
practice of law. The following observation of the Solicitor General is noteworthy:
G.R. No. L-12426 February 16, 1959
Essentially, the word private practice of law implies that one must have
presented himself to be in the active and continued practice of the legal PHILIPPINE LAWYER'S ASSOCIATION, petitioner,
profession and that his professional services are available to the public for a vs.
compensation, as a source of his livelihood or in consideration of his said CELEDONIO AGRAVA, in his capacity as Director of the Philippines Patent
services. Office, respondent.
For one thing, it has never been refuted that City Attorney Fule had been given Arturo A. Alafriz for petitioner.
permission by his immediate superior, the Secretary of Justice, to represent the Office of the Solicitor General Ambrosio Padilla and Solicitor Pacifico P. de Castro for
complainant in the case at bar, who is a relative. respondent.
CONFORMABLY WITH ALL THE FOREGOING, the decision appealed from should MONTEMAYOR, J.:
be, as it is hereby affirmed, in all respects, with costs against appellant..
This is the petition filed by the Philippine Lawyer's Association for prohibition and
Bengzon, C.J., Concepcion, Reyes, J.B.L., Barrera, Dizon, Regala, Makalintal, injunction against Celedonio Agrava, in his capacity as Director of the Philippines
Bengzon, J.P., and Zaldivar, JJ., concur. Patent Office.
Bautista Angelo, J., took no part.
On may 27, 1957, respondent Director issued a circular announcing that he had
scheduled for June 27, 1957 an examination for the purpose of determining who are
qualified to practice as patent attorneys before the Philippines Patent Office, the said
examination to cover patent law and jurisprudence and the rules of practice before
said office. According to the circular, members of the Philippine Bar, engineers and
other persons with sufficient scientific and technical training are qualified to take the
said examination. It would appear that heretofore, respondent Director has been
holding similar examinations.
It is the contention of the petitioner Philippine Lawyer's Association that one who has
passed the bar examinations and is licensed by the Supreme Court to practice law in
the Philippines and who is in good standing, is duly qualified to practice before the
Philippines Patent Office, and that consequently, the cat of the respondent Director
requiring members of the Philippine Bar in good standing to take and pass an
examination given by the Patent Office as a condition precedent to their being allowed
to practice before said office, such as representing applicants in the preparation and
prosecution of applications for patent, is in excess of his jurisdiction and is in violation
of the law.
In his answer, respondent Director, through the Solicitor General, maintains that the
prosecution of patent cases "does not involve entirely or purely the practice of law but
includes the application of scientific and technical knowledge and training, so much so
that, as a matter of actual practice, the prosecution of patent cases may be handled
not only by lawyers, but also engineers and other persons with sufficient scientific and Practice of law under modern conditions consists in no small part of work
technical training who pass the prescribed examinations as given by the Patent Office; performed outside of any court and having no immediate relation to
. . . that the Rules of Court do not prohibit the Patent Office, or any other quasi-judicial proceedings in court. It embraces conveyancing, the giving of legal advice
body from requiring further condition or qualification from those who would wish to on a large variety of subjects, and the preparation and execution of legal
handle cases before the Patent Office which, as stated in the preceding paragraph, instruments covering an extensive field of business and trust relations and
requires more of an application of scientific and technical knowledge than the mere other affairs. Although these transactions may have no direct connection
application of provisions of law; . . . that the action taken by the respondent is in with court proceedings, they are always subject to become involved in
accordance with Republic Act No. 165, otherwise known as the Patent Law of the litigation. They require in many aspects a high degree of legal skill, a wide
Philippines, which similar to the United States Patent Law, in accordance with which experience with men and affairs, and great capacity for adaptation to difficult
the United States Patent Office has also prescribed a similar examination as that and complex situations. These customary functions of an attorney or
prescribed by respondent. . . . counselor at law bear an intimate relation to the administration of justice by
the courts. No valid distinction, so far as concerns the question set forth in
the order, can be drawn between that part which involves advice and
Respondent further contends that just as the Patent law of the United States of
drafting of instruments in his office. It is of importance to the welfare of the
America authorizes the Commissioner of Patents to prescribe examinations to
public that these manifold customary functions be performed by persons
determine as to who practice before the United States Patent Office, the respondent,
possessed of adequate learning and skill, of sound moral character, and
is similarly authorized to do so by our Patent Law, Republic Act No. 165.
acting at all times under the heavy trust obligations to clients which rests
upon all attorneys. (Moran, Comments on the Rules of Court, Vol. 3 (1953
Although as already stated, the Director of Patents, in the past, would appear to have ed.), p. 665-666, citing In re Opinion of the Justices (Mass.), 194 N.E. 313,
been holding tests or examinations the passing of which was imposed as a required quoted in Rhode Is. Bar Assoc. vs. Automobile Service Assoc. (R. I. ) 179 A.
qualification to practice before the Patent Office, to our knowledge, this is the first time 139, 144). (Emphasis ours).
that the right of the Director of Patents to do so, specially as regards members of the
bar, has been questioned formally, or otherwise put in issue. And we have given it
In our opinion, the practice of law includes such appearance before the Patent Office,
careful thought and consideration.
the representation of applicants, oppositors, and other persons, and the prosecution of
their applications for patent, their oppositions thereto, or the enforcement of their rights
The Supreme Court has the exclusive and constitutional power with respect to in patent cases. In the first place, although the transaction of business in the Patent
admission to the practice of law in the Philippines 1 and to any member of the Office involves the use and application of technical and scientific knowledge and
Philippine Bar in good standing may practice law anywhere and before any entity, training, still, all such business has to be rendered in accordance with the Patent Law,
whether judicial or quasi-judicial or administrative, in the Philippines. Naturally, the as well as other laws, including the Rules and Regulations promulgated by the Patent
question arises as to whether or not appearance before the patent Office and the Office in accordance with law. Not only this, but practice before the Patent Office
preparation and the prosecution of patent applications, etc., constitutes or is included involves the interpretation and application of other laws and legal principles, as well as
in the practice of law. the existence of facts to be established in accordance with the law of evidence and
procedure. For instance: Section 8 of our Patent Law provides that an invention shall
not be patentable if it is contrary to public order or morals, or to public health or
The practice of law is not limited to the conduct of cases or litigation in court; welfare. Section 9 says that an invention shall not be considered new or patentable if it
it embraces the preparation of pleadings and other papers incident to was known or used by others in the Philippines before the invention thereof by the
actions and social proceedings, the management of such actions and
inventor named in any printed publication in the Philippines or any foreign country
proceedings on behalf of clients before judges and courts, and in addition, more than one year before the application for a patent therefor, or if it had been in
conveying. In general, all advice to clients, and all action taken for them in public use or on sale in the Philippines for more than one year before the application
matters connected with the law corporation services, assessment and
for the patent therefor. Section 10 provides that the right to patent belongs to the true
condemnation services contemplating an appearance before a judicial body, and actual inventor, his heirs, legal representatives or assigns. Section 25 and 26
the foreclosure of a mortgage, enforcement of a creditor's claim in refer to connection of any mistake in a patent. Section 28 enumerates the grounds for
bankruptcy and insolvency proceedings, and conducting proceedings in
cancellation of a patent; that although any person may apply for such cancellation,
attachment, and in matters of estate and guardianship have been held to under Section 29, the Solicitor General is authorized to petition for the cancellation of
constitute law practice as do the preparation and drafting of legal a patent. Section 30 mentions the requirements of a petition for cancellation. Section
instruments, where the work done involves the determination by the trained
31 and 32 provide for a notice of hearing of the petition for cancellation of the patent
legal mind of the legal effect of facts and conditions. (5 Am. Jur. p. 262, by the Director of Patents in case the said cancellation is warranted. Under Section
263). (Emphasis supplied). 34, at any time after the expiration of three years from the day the patent was granted,
any person patent on several grounds, such as, if the patented invention is not being
worked in the Philippines on a commercial scale, or if the demand for the patented
article in the Philippines on a commercial scale, or if the demand for the patented training, should be allowed to practice before the Patent Office, without further
article in the Philippines is not being met to an adequate extent and reasonable terms, examination or other qualification. Of course, the Director of Patents, if he deems it
or if by reason of the patentee's refusal to grant a license on reasonable terms or by advisable or necessary, may require that members of the bar practising before him
reason of the condition attached by him to the license, purchase or use of the enlist the assistance of technical men and scientist in the preparation of papers and
patented article or working of the patented process or machine of production, the documents, such as, the drawing or technical description of an invention or machine
establishment of a new trade or industry in the Philippines is prevented; or if the patent sought to be patented, in the same way that a lawyer filing an application for the
or invention relates to food or medicine or is necessary to public health or public registration of a parcel of land on behalf of his clients, is required to submit a plan and
safety. All these things involve the applications of laws, legal principles, practice and technical description of said land, prepared by a licensed surveyor.
procedure. They call for legal knowledge, training and experience for which a member
of the bar has been prepared.
But respondent Director claims that he is expressly authorized by the law to require
persons desiring to practice or to do business before him to submit an examination,
In support of the proposition that much of the business and many of the act, orders even if they are already members of the bar. He contends that our Patent Law,
and decisions of the Patent Director involve questions of law or a reasonable and Republic Act No. 165, is patterned after the United States Patent Law; and of the
correct evaluation of facts, the very Patent Law, Republic Act No. 165, Section 61, United States Patent Office in Patent Cases prescribes an examination similar to that
provides that: which he (respondent) has prescribed and scheduled. He invites our attention to the
following provisions of said Rules of Practice:
. . . . The applicant for a patent or for the registration of a design, any party
to a proceeding to cancel a patent or to obtain a compulsory license, and Registration of attorneys and agents. — A register of an attorneys and a
any party to any other proceeding in the Office may appeal to the Supreme register agents are kept in the Patent Office on which are entered the
Court from any final order or decision of the director. names of all persons recognized as entitled to represent applicants before
the Patent Office in the preparation and prosecution of applicants for patent.
Registration in the Patent Office under the provisions of these rules shall
In other words, the appeal is taken to this Tribunal. If the transaction of business in the
only entitle the person registered to practice before the Patent Office.
Patent Office and the acts, orders and decisions of the Patent Director involved
exclusively or mostly technical and scientific knowledge and training, then logically,
the appeal should be taken not to a court or judicial body, but rather to a board of (a) Attorney at law. — Any attorney at law in good standing admitted to
scientists, engineers or technical men, which is not the case. practice before any United States Court or the highest court of any State or
Territory of the United States who fulfills the requirements and complied with
the provisions of these rules may be admitted to practice before the Patent
Another aspect of the question involves the consideration of the nature of the
Office and have his name entered on the register of attorneys.
functions and acts of the Head of the Patent Office.
PARAS, J.:
The practice of law is not limited to the conduct of cases in court. (Land Title Abstract
and Trust Co. v. Dworken, 129 Ohio St. 23, 193 N.E. 650) A person is also considered
We are faced here with a controversy of far-reaching proportions. While ostensibly to be in the practice of law when he:
only legal issues are involved, the Court's decision in this case would indubitably have
a profound effect on the political aspect of our national existence. ... for valuable consideration engages in the business of advising person,
firms, associations or corporations as to their rights under the law, or
The 1987 Constitution provides in Section 1 (1), Article IX-C: appears in a representative capacity as an advocate in proceedings pending
or prospective, before any court, commissioner, referee, board, body,
committee, or commission constituted by law or authorized to settle
There shall be a Commission on Elections composed of a Chairman and six controversies and there, in such representative capacity performs any act or
Commissioners who shall be natural-born citizens of the Philippines and, at acts for the purpose of obtaining or defending the rights of their clients
the time of their appointment, at least thirty-five years of age, holders of a under the law. Otherwise stated, one who, in a representative capacity,
college degree, and must not have been candidates for any elective position engages in the business of advising clients as to their rights under the law,
in the immediately preceding -elections. However, a majority thereof, or while so engaged performs any act or acts either in court or outside of
including the Chairman, shall be members of the Philippine Bar who have court for that purpose, is engaged in the practice of law. (State ex. rel.
been engaged in the practice of law for at least ten years. (Emphasis Mckittrick v..C.S. Dudley and Co., 102 S.W. 2d 895, 340 Mo. 852)
supplied)
This Court in the case of Philippine Lawyers Association v.Agrava, (105 Phil. 173,176-
The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 177) stated:
Constitution which similarly provides:
The practice of law is not limited to the conduct of cases or litigation in court;
There shall be an independent Commission on Elections composed of a Chairman it embraces the preparation of pleadings and other papers incident to
and eight Commissioners who shall be natural-born citizens of the Philippines and, at actions and special proceedings, the management of such actions and
the time of their appointment, at least thirty-five years of age and holders of a college proceedings on behalf of clients before judges and courts, and in addition,
conveying. In general, all advice to clients, and all action taken for them in to practice law is to give notice or render any kind of service, which device or service
matters connected with the law incorporation services, assessment and requires the use in any degree of legal knowledge or skill." (111 ALR 23)
condemnation services contemplating an appearance before a judicial body,
the foreclosure of a mortgage, enforcement of a creditor's claim in
The following records of the 1986 Constitutional Commission show that it has adopted
bankruptcy and insolvency proceedings, and conducting proceedings in
a liberal interpretation of the term "practice of law."
attachment, and in matters of estate and guardianship have been held to
constitute law practice, as do the preparation and drafting of legal
instruments, where the work done involves the determination by the trained MR. FOZ. Before we suspend the session, may I make a manifestation
legal mind of the legal effect of facts and conditions. (5 Am. Jr. p. 262, 263). which I forgot to do during our review of the provisions on the Commission
(Emphasis supplied) on Audit. May I be allowed to make a very brief statement?
Practice of law under modem conditions consists in no small part of work THE PRESIDING OFFICER (Mr. Jamir).
performed outside of any court and having no immediate relation to
proceedings in court. It embraces conveyancing, the giving of legal advice
on a large variety of subjects, and the preparation and execution of legal The Commissioner will please proceed.
instruments covering an extensive field of business and trust relations and
other affairs. Although these transactions may have no direct connection MR. FOZ. This has to do with the qualifications of the members of the
with court proceedings, they are always subject to become involved in Commission on Audit. Among others, the qualifications provided for by
litigation. They require in many aspects a high degree of legal skill, a wide Section I is that "They must be Members of the Philippine Bar" — I am
experience with men and affairs, and great capacity for adaptation to difficult quoting from the provision — "who have been engaged in the practice of
and complex situations. These customary functions of an attorney or law for at least ten years".
counselor at law bear an intimate relation to the administration of justice by
the courts. No valid distinction, so far as concerns the question set forth in
the order, can be drawn between that part of the work of the lawyer which To avoid any misunderstanding which would result in excluding members of the Bar
involves appearance in court and that part which involves advice and who are now employed in the COA or Commission on Audit, we would like to make
drafting of instruments in his office. It is of importance to the welfare of the the clarification that this provision on qualifications regarding members of the Bar does
public that these manifold customary functions be performed by persons not necessarily refer or involve actual practice of law outside the COA We have to
possessed of adequate learning and skill, of sound moral character, and interpret this to mean that as long as the lawyers who are employed in the COA are
acting at all times under the heavy trust obligations to clients which rests using their legal knowledge or legal talent in their respective work within COA, then
upon all attorneys. (Moran, Comments on the Rules of Court, Vol. 3 [1953 they are qualified to be considered for appointment as members or commissioners,
ed.] , p. 665-666, citing In re Opinion of the Justices [Mass.], 194 N.E. 313, even chairman, of the Commission on Audit.
quoted in Rhode Is. Bar Assoc. v. Automobile Service Assoc. [R.I.] 179 A.
139,144). (Emphasis ours) This has been discussed by the Committee on Constitutional Commissions and
Agencies and we deem it important to take it up on the floor so that this interpretation
The University of the Philippines Law Center in conducting orientation briefing for new may be made available whenever this provision on the qualifications as regards
lawyers (1974-1975) listed the dimensions of the practice of law in even broader terms members of the Philippine Bar engaging in the practice of law for at least ten years is
as advocacy, counselling and public service. taken up.
One may be a practicing attorney in following any line of employment in the MR. OPLE. Will Commissioner Foz yield to just one question.
profession. If what he does exacts knowledge of the law and is of a kind
usual for attorneys engaging in the active practice of their profession, and MR. FOZ. Yes, Mr. Presiding Officer.
he follows some one or more lines of employment such as this he is a
practicing attorney at law within the meaning of the statute. (Barr v. Cardell,
155 NW 312) MR. OPLE. Is he, in effect, saying that service in the COA by a lawyer is
equivalent to the requirement of a law practice that is set forth in the Article
on the Commission on Audit?
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, MR. FOZ. We must consider the fact that the work of COA, although it is
auditing, will necessarily involve legal work; it will involve legal work. And,
therefore, lawyers who are employed in COA now would have the The appearance of a lawyer in litigation in behalf of a client is at once the most
necessary qualifications in accordance with the Provision on qualifications publicly familiar role for lawyers as well as an uncommon role for the average lawyer.
under our provisions on the Commission on Audit. And, therefore, the Most lawyers spend little time in courtrooms, and a large percentage spend their entire
answer is yes. practice without litigating a case. (Ibid., p. 593). Nonetheless, many lawyers do
continue to litigate and the litigating lawyer's role colors much of both the public image
and the self perception of the legal profession. (Ibid.).
MR. OPLE. Yes. So that the construction given to this is that this is
equivalent to the practice of law.
In this regard thus, the dominance of litigation in the public mind reflects history, not
reality. (Ibid.). Why is this so? Recall that the late Alexander SyCip, a corporate
MR. FOZ. Yes, Mr. Presiding Officer.
lawyer, once articulated on the importance of a lawyer as a business counselor in this
wise: "Even today, there are still uninformed laymen whose concept of an attorney is
MR. OPLE. Thank you. one who principally tries cases before the courts. The members of the bench and bar
and the informed laymen such as businessmen, know that in most developed
societies today, substantially more legal work is transacted in law offices than in the
... ( Emphasis supplied) courtrooms. General practitioners of law who do both litigation and non-litigation work
also know that in most cases they find themselves spending more time doing what [is]
Section 1(1), Article IX-D of the 1987 Constitution, provides, among others, that the loosely desccribe[d] as business counseling than in trying cases. The business lawyer
Chairman and two Commissioners of the Commission on Audit (COA) should either has been described as the planner, the diagnostician and the trial lawyer, the surgeon.
be certified public accountants with not less than ten years of auditing practice, or I[t] need not [be] stress[ed] that in law, as in medicine, surgery should be avoided
members of the Philippine Bar who have been engaged in the practice of law for at where internal medicine can be effective." (Business Star, "Corporate Finance Law,"
least ten years. (emphasis supplied) Jan. 11, 1989, p. 4).
Corollary to this is the term "private practitioner" and which is in many ways In the course of a working day the average general practitioner wig engage in a
synonymous with the word "lawyer." Today, although many lawyers do not engage in number of legal tasks, each involving different legal doctrines, legal skills, legal
private practice, it is still a fact that the majority of lawyers are private practitioners. processes, legal institutions, clients, and other interested parties. Even the increasing
(Gary Munneke, Opportunities in Law Careers [VGM Career Horizons: Illinois], [1986], numbers of lawyers in specialized practice wig usually perform at least some legal
p. 15). services outside their specialty. And even within a narrow specialty such as tax
practice, a lawyer will shift from one legal task or role such as advice-giving to an
importantly different one such as representing a client before an administrative
At this point, it might be helpful to define private practice. The term, as commonly agency. (Wolfram, supra, p. 687).
understood, means "an individual or organization engaged in the business of
delivering legal services." (Ibid.). Lawyers who practice alone are often called "sole
practitioners." Groups of lawyers are called "firms." The firm is usually a partnership By no means will most of this work involve litigation, unless the lawyer is one of the
and members of the firm are the partners. Some firms may be organized as relatively rare types — a litigator who specializes in this work to the exclusion of much
professional corporations and the members called shareholders. In either case, the else. Instead, the work will require the lawyer to have mastered the full range of
members of the firm are the experienced attorneys. In most firms, there are younger traditional lawyer skills of client counselling, advice-giving, document drafting, and
or more inexperienced salaried attorneyscalled "associates." (Ibid.). negotiation. And increasingly lawyers find that the new skills of evaluation and
mediation are both effective for many clients and a source of employment. (Ibid.).
The test that defines law practice by looking to traditional areas of law practice is
essentially tautologous, unhelpful defining the practice of law as that which lawyers Most lawyers will engage in non-litigation legal work or in litigation work that is
do. (Charles W. Wolfram, Modern Legal Ethics [West Publishing Co.: Minnesota, constrained in very important ways, at least theoretically, so as to remove from it some
1986], p. 593). The practice of law is defined as the performance of any acts . . . in or of the salient features of adversarial litigation. Of these special roles, the most
out of court, commonly understood to be the practice of law. (State Bar Ass'n v. prominent is that of prosecutor. In some lawyers' work the constraints are imposed
Connecticut Bank & Trust Co., 145 Conn. 222, 140 A.2d 863, 870 [1958] both by the nature of the client and by the way in which the lawyer is organized into a
[quoting Grievance Comm. v. Payne, 128 Conn. 325, 22 A.2d 623, 626 [1941]). social unit to perform that work. The most common of these roles are those of
Because lawyers perform almost every function known in the commercial and corporate practice and government legal service. (Ibid.).
governmental realm, such a definition would obviously be too global to be
workable.(Wolfram, op. cit.).
In several issues of the Business Star, a business daily, herein below quoted are implications that arise from each and every necessary step in securing and
emerging trends in corporate law practice, a departure from the traditional concept of maintaining the business issue raised. (Business Star, "Corporate Finance
practice of law. Law," Jan. 11, 1989, p. 4).
We are experiencing today what truly may be called a revolutionary In our litigation-prone country, a corporate lawyer is assiduously referred to
transformation in corporate law practice. Lawyers and other professional as the "abogado de campanilla." He is the "big-time" lawyer, earning big
groups, in particular those members participating in various legal-policy money and with a clientele composed of the tycoons and magnates of
decisional contexts, are finding that understanding the major emerging business and industry.
trends in corporation law is indispensable to intelligent decision-making.
Despite the growing number of corporate lawyers, many people could not
Constructive adjustment to major corporate problems of today requires an explain what it is that a corporate lawyer does. For one, the number of
accurate understanding of the nature and implications of the corporate law attorneys employed by a single corporation will vary with the size and type
research function accompanied by an accelerating rate of information of the corporation. Many smaller and some large corporations farm out all
accumulation. The recognition of the need for such improved corporate legal their legal problems to private law firms. Many others have in-house counsel
policy formulation, particularly "model-making" and "contingency planning," only for certain matters. Other corporation have a staff large enough to
has impressed upon us the inadequacy of traditional procedures in many handle most legal problems in-house.
decisional contexts.
A corporate lawyer, for all intents and purposes, is a lawyer who handles the
In a complex legal problem the mass of information to be processed, the legal affairs of a corporation. His areas of concern or jurisdiction may
sorting and weighing of significant conditional factors, the appraisal of major include, inter alia: corporate legal research, tax laws research, acting out as
trends, the necessity of estimating the consequences of given courses of corporate secretary (in board meetings), appearances in both courts and
action, and the need for fast decision and response in situations of acute other adjudicatory agencies (including the Securities and Exchange
danger have prompted the use of sophisticated concepts of information flow Commission), and in other capacities which require an ability to deal with
theory, operational analysis, automatic data processing, and electronic the law.
computing equipment. Understandably, an improved decisional structure
must stress the predictive component of the policy-making process, wherein
At any rate, a corporate lawyer may assume responsibilities other than the
a "model", of the decisional context or a segment thereof is developed to
legal affairs of the business of the corporation he is representing. These
test projected alternative courses of action in terms of futuristic effects
include such matters as determining policy and becoming involved in
flowing therefrom.
management. ( Emphasis supplied.)
Today, the study of corporate law practice direly needs a "shot in the arm," Following the concept of boundary spanning, the office of the Corporate
so to speak. No longer are we talking of the traditional law teaching method Counsel comprises a distinct group within the managerial structure of all
of confining the subject study to the Corporation Code and the Securities kinds of organizations. Effectiveness of both long-term and temporary
Code but an incursion as well into the intertwining modern management groups within organizations has been found to be related to indentifiable
issues. factors in the group-context interaction such as the groups actively revising
their knowledge of the environment coordinating work with outsiders,
promoting team achievements within the organization. In general, such
Such corporate legal management issues deal primarily with three (3) types
external activities are better predictors of team performance than internal
of learning: (1) acquisition of insights into current advances which are of
group processes.
particular significance to the corporate counsel; (2) an introduction to usable
disciplinary skins applicable to a corporate counsel's management
responsibilities; and (3) a devotion to the organization and management of In a crisis situation, the legal managerial capabilities of the corporate lawyer
the legal function itself. vis-a-vis the managerial mettle of corporations are challenged. Current
research is seeking ways both to anticipate effective managerial procedures
and to understand relationships of financial liability and insurance
These three subject areas may be thought of as intersecting circles, with a
considerations. (Emphasis supplied)
shared area linking them. Otherwise known as "intersecting managerial
jurisprudence," it forms a unifying theme for the corporate counsel's total
learning. Regarding the skills to apply by the corporate counsel, three factors
are apropos:
Some current advances in behavior and policy sciences affect the counsel's
role. For that matter, the corporate lawyer reviews the globalization process, First System Dynamics. The field of systems dynamics has been found an
including the resulting strategic repositioning that the firms he provides effective tool for new managerial thinking regarding both planning and
counsel for are required to make, and the need to think about a pressing immediate problems. An understanding of the role of feedback
corporation's; strategy at multiple levels. The salience of the nation-state is loops, inventory levels, and rates of flow, enable users to simulate all sorts
being reduced as firms deal both with global multinational entities and of systematic problems — physical, economic, managerial, social, and
simultaneously with sub-national governmental units. Firms increasingly psychological. New programming techniques now make the system
collaborate not only with public entities but with each other — often with dynamics principles more accessible to managers — including corporate
those who are competitors in other arenas. counsels. (Emphasis supplied)
Also, the nature of the lawyer's participation in decision-making within the Second Decision Analysis. This enables users to make better decisions
corporation is rapidly changing. The modem corporate lawyer has gained a involving complexity and uncertainty. In the context of a law department, it
new role as a stakeholder — in some cases participating in the organization can be used to appraise the settlement value of litigation, aid in negotiation
and operations of governance through participation on boards and other settlement, and minimize the cost and risk involved in managing a portfolio
decision-making roles. Often these new patterns develop alongside existing of cases. (Emphasis supplied)
legal institutions and laws are perceived as barriers. These trends are
complicated as corporations organize for global operations. ( Emphasis
Third Modeling for Negotiation Management. Computer-based models can
supplied)
be used directly by parties and mediators in all lands of negotiations. All
integrated set of such tools provide coherent and effective negotiation
The practising lawyer of today is familiar as well with governmental policies support, including hands-on on instruction in these techniques. A simulation
toward the promotion and management of technology. New collaborative case of an international joint venture may be used to illustrate the point.
arrangements for promoting specific technologies or competitiveness more
[Be this as it may,] the organization and management of the legal function, because allegedly Monsod does not possess the required qualification of having been
concern three pointed areas of consideration, thus: engaged in the practice of law for at least ten years.
Preventive Lawyering. Planning by lawyers requires special skills that On June 5, 1991, the Commission on Appointments confirmed the nomination of
comprise a major part of the general counsel's responsibilities. They differ Monsod as Chairman of the COMELEC. On June 18, 1991, he took his oath of office.
from those of remedial law. Preventive lawyering is concerned with On the same day, he assumed office as Chairman of the COMELEC.
minimizing the risks of legal trouble and maximizing legal rights for such
legal entities at that time when transactional or similar facts are being
Challenging the validity of the confirmation by the Commission on Appointments of
considered and made.
Monsod's nomination, petitioner as a citizen and taxpayer, filed the instant petition for
certiorari and Prohibition praying that said confirmation and the consequent
Managerial Jurisprudence. This is the framework within which are appointment of Monsod as Chairman of the Commission on Elections be declared null
undertaken those activities of the firm to which legal consequences attach. It and void.
needs to be directly supportive of this nation's evolving economic and
organizational fabric as firms change to stay competitive in a global,
Atty. Christian Monsod is a member of the Philippine Bar, having passed the bar
interdependent environment. The practice and theory of "law" is not
examinations of 1960 with a grade of 86-55%. He has been a dues paying member of
adequate today to facilitate the relationships needed in trying to make a
the Integrated Bar of the Philippines since its inception in 1972-73. He has also been
global economy work.
paying his professional license fees as lawyer for more than ten years. (p. 124, Rollo)
Justice Cruz goes on to say in substance that since the law covers almost all Take this hypothetical case of Samson and Delilah. Once, the procurator of Judea
situations, most individuals, in making use of the law, or in advising others on what the asked Delilah (who was Samson's beloved) for help in capturing Samson. Delilah
law means, are actually practicing law. In that sense, perhaps, but we should not lose agreed on condition that —
sight of the fact that Mr. Monsod is a lawyer, a member of the Philippine Bar, who has
been practising law for over ten years. This is different from the acts of persons No blade shall touch his skin;
practising law, without first becoming lawyers.
No blood shall flow from his veins.
Justice Cruz also says that the Supreme Court can even disqualify an elected
President of the Philippines, say, on the ground that he lacks one or more
qualifications. This matter, I greatly doubt. For one thing, how can an action or petition When Samson (his long hair cut by Delilah) was captured, the procurator placed an
be brought against the President? And even assuming that he is indeed disqualified, iron rod burning white-hot two or three inches away from in front of Samson's eyes.
how can the action be entertained since he is the incumbent President? This blinded the man. Upon hearing of what had happened to her beloved, Delilah
was beside herself with anger, and fuming with righteous fury, accused the procurator
of reneging on his word. The procurator calmly replied: "Did any blade touch his skin?
We now proceed: Did any blood flow from his veins?" The procurator was clearly relying on the letter,
not the spirit of the agreement.
The Commission on the basis of evidence submitted doling the public hearings on
Monsod's confirmation, implicitly determined that he possessed the necessary In view of the foregoing, this petition is hereby DISMISSED.
SO ORDERED. The procedural barriers interposed by respondents deserve scant consideration
because, ultimately, the core issue to be resolved in this petition is the proper
construal of the constitutional provision requiring a majority of the membership of
Fernan, C.J., Griño-Aquino and Medialdea, JJ., concur.
COMELEC, including the Chairman thereof to "have been engaged in the practice of
Feliciano, J., I certify that he voted to dismiss the petition. (Fernan, C.J.)
law for at least ten (10) years." (Art. IX(C), Section 1(1), 1987 Constitution). Questions
involving the construction of constitutional provisions are best left to judicial resolution.
Sarmiento, J., is on leave. As declared in Angara v. Electoral Commission, (63 Phil. 139) "upon the judicial
department is thrown the solemn and inescapable obligation of interpreting the
Constitution and defining constitutional boundaries."
Regalado, and Davide, Jr., J., took no part.
The Constitution has imposed clear and specific standards for a COMELEC
Separate Opinions
Chairman. Among these are that he must have been "engaged in the practice of law
for at least ten (10) years." It is the bounden duty of this Court to ensure that such
standard is met and complied with.
NARVASA, J., concurring: What constitutes practice of law? As commonly understood, "practice" refers to
the actual performance or application of knowledge as distinguished from mere
possession of knowledge; it connotes an active, habitual, repeated or customary
I concur with the decision of the majority written by Mr. Justice Paras, albeit only in the action.1 To "practice" law, or any profession for that matter, means, to exercise or
result; it does not appear to me that there has been an adequate showing that the pursue an employment or profession actively, habitually, repeatedly or customarily.
challenged determination by the Commission on Appointments-that the appointment
of respondent Monsod as Chairman of the Commission on Elections should, on the
basis of his stated qualifications and after due assessment thereof, be confirmed-was Therefore, a doctor of medicine who is employed and is habitually performing the
attended by error so gross as to amount to grave abuse of discretion and tasks of a nursing aide, cannot be said to be in the "practice of medicine." A certified
consequently merits nullification by this Court in accordance with the second public accountant who works as a clerk, cannot be said to practice his profession as
paragraph of Section 1, Article VIII of the Constitution. I therefore vote to DENY the an accountant. In the same way, a lawyer who is employed as a business executive or
petition. a corporate manager, other than as head or attorney of a Legal Department of a
corporation or a governmental agency, cannot be said to be in the practice of law.
Practice is more than an isolated appearance for it consists in frequent or Given the employment or job history of respondent Monsod as appears from the
customary action, a succession of acts of the same kind. In other words, it is records, I am persuaded that if ever he did perform any of the tasks which constitute
a habitual exercise (People v. Villanueva, 14 SCRA 109 citing State v. the practice of law, he did not do so HABITUALLY for at least ten (10) years prior to
Cotner, 127, p. 1, 87 Kan, 864). his appointment as COMELEC Chairman.
2. Compensation. Practice of law implies that one must have presented While it may be granted that he performed tasks and activities which could be
himself to be in the active and continued practice of the legal profession and latitudinarianly considered activities peculiar to the practice of law, like the drafting of
that his professional services are available to the public for compensation, legal documents and the rendering of legal opinion or advice, such were isolated
as a service of his livelihood or in consideration of his said services. (People transactions or activities which do not qualify his past endeavors as "practice of law."
v. Villanueva, supra). Hence, charging for services such as preparation of To become engaged in the practice of law, there must be a continuity, or a succession
documents involving the use of legal knowledge and skill is within the term of acts. As observed by the Solicitor General in People vs. Villanueva:4
"practice of law" (Ernani Paño, Bar Reviewer in Legal and Judicial Ethics,
1988 ed., p. 8 citing People v. People's Stockyards State Bank, 176 N.B.
Essentially, the word private practice of law implies that one must have
901) and, one who renders an opinion as to the proper interpretation of a
presented himself to be in the activeand continued practice of the legal
statute, and receives pay for it, is to that extent, practicing law
profession and that his professional services are available to the public for a
(Martin, supra, p. 806 citing Mendelaun v. Gilbert and Barket Mfg. Co., 290
compensation, as a source of his livelihood or in consideration of his said
N.Y.S. 462) If compensation is expected, all advice to clients and all action
services.
taken for them in matters connected with the law; are practicing law.
(Elwood Fitchette et al., v. Arthur C. Taylor, 94A-L.R. 356-359)
ACCORDINGLY, my vote is to GRANT the petition and to declare respondent Monsod
as not qualified for the position of COMELEC Chairman for not having engaged in the
3. Application of law legal principle practice or procedure which calls for
practice of law for at least ten (10) years prior to his appointment to such position.
legal knowledge, training and experience is within the term "practice of law".
(Martin supra)
CRUZ, J., dissenting:
4. Attorney-client relationship. Engaging in the practice of law presupposes
the existence of lawyer-client relationship. Hence, where a lawyer I am sincerely impressed by the ponencia of my brother Paras but find I must dissent
undertakes an activity which requires knowledge of law but involves no just the same. There are certain points on which I must differ with him while of course
attorney-client relationship, such as teaching law or writing law books or respecting hisviewpoint.
articles, he cannot be said to be engaged in the practice of his profession or
a lawyer (Agpalo, Legal Ethics, 1989 ed., p. 30).3
To begin with, I do not think we are inhibited from examining the qualifications of the
respondent simply because his nomination has been confirmed by the Commission on
The above-enumerated factors would, I believe, be useful aids in determining whether Appointments. In my view, this is not a political question that we are barred from
or not respondent Monsod meets the constitutional qualification of practice of law for resolving. Determination of the appointee's credentials is made on the basis of the
at least ten (10) years at the time of his appointment as COMELEC Chairman. established facts, not the discretion of that body. Even if it were, the exercise of that
discretion would still be subject to our review.
The following relevant questions may be asked:
In Luego, which is cited in the ponencia, what was involved was the discretion of the
appointing authority to choosebetween two claimants to the same office who both
1. Did respondent Monsod perform any of the tasks which are peculiar to the practice
possessed the required qualifications. It was that kind of discretion that we said could
of law?
not be reviewed.
There are two key factors that make our task difficult. First is our reviewing the work of
The ponencia quotes an American decision defining the practice of law as the
a constitutional Commission on Appointments whose duty is precisely to look into the
"performance of any acts ... in or out of court, commonly understood to be the practice
qualifications of persons appointed to high office. Even if the Commission errs, we
of law," which tells us absolutely nothing. The decision goes on to say that "because
have no power to set aside error. We can look only into grave abuse of discretion or
lawyers perform almost every function known in the commercial and governmental
whimsically and arbitrariness. Second is our belief that Mr. Monsod possesses
realm, such a definition would obviously be too global to be workable."
superior qualifications in terms of executive ability, proficiency in management,
educational background, experience in international banking and finance, and instant
The effect of the definition given in the ponencia is to consider virtually every lawyer to recognition by the public. His integrity and competence are not questioned by the
be engaged in the practice of law even if he does not earn his living, or at least part of petitioner. What is before us is compliance with a specific requirement written into the
it, as a lawyer. It is enough that his activities are incidentally (even if only remotely) Constitution.
connected with some law, ordinance, or regulation. The possible exception is the
lawyer whose income is derived from teaching ballroom dancing or escorting wrinkled
Inspite of my high regard for Mr. Monsod, I cannot shirk my constitutional duty. He has
ladies with pubescent pretensions.
never engaged in the practice of law for even one year. He is a member of the bar but
to say that he has practiced law is stretching the term beyond rational limits.
A person may have passed the bar examinations. But if he has not dedicated his life 4. 1973-1976: Yujuico Group — President, Fil-Capital Development
to the law, if he has not engaged in an activity where membership in the bar is a Corporation and affiliated companies
requirement I fail to see how he can claim to have been engaged in the practice of
law.
5. 1976-1978: Finaciera Manila — Chief Executive Officer
Engaging in the practice of law is a qualification not only for COMELEC chairman but
6. 1978-1986: Guevent Group of Companies — Chief Executive Officer
also for appointment to the Supreme Court and all lower courts. What kind of Judges
or Justices will we have if there main occupation is selling real estate, managing a
business corporation, serving in fact-finding committee, working in media, or operating 7. 1986-1987: Philippine Constitutional Commission — Member
a farm with no active involvement in the law, whether in Government or private
practice, except that in one joyful moment in the distant past, they happened to pass
the bar examinations? 8. 1989-1991: The Fact-Finding Commission on the December 1989 Coup
Attempt — Member
The Constitution uses the phrase "engaged in the practice of law for at least ten
years." The deliberate choice of words shows that the practice envisioned is active 9. Presently: Chairman of the Board and Chief Executive Officer of the
and regular, not isolated, occasional, accidental, intermittent, incidental, seasonal, or following companies:
extemporaneous. To be "engaged" in an activity for ten years requires committed
participation in something which is the result of one's decisive choice. It means that a. ACE Container Philippines, Inc.
one is occupied and involved in the enterprise; one is obliged or pledged to carry it out
with intent and attention during the ten-year period.
b. Dataprep, Philippines
I agree with the petitioner that based on the bio-data submitted by respondent Monsod
to the Commission on Appointments, the latter has not been engaged in the practice c. Philippine SUNsystems Products, Inc.
of law for at least ten years. In fact, if appears that Mr. Monsod has never practiced
law except for an alleged one year period after passing the bar examinations when he d. Semirara Coal Corporation
worked in his father's law firm. Even then his law practice must have been extremely
limited because he was also working for M.A. and Ph. D. degrees in Economics at the
University of Pennsylvania during that period. How could he practice law in the United e. CBL Timber Corporation
States while not a member of the Bar there?
Member of the Board of the Following:
The professional life of the respondent follows:
a. Engineering Construction Corporation of the Philippines
1.15.1. Respondent Monsod's activities since his passing the Bar
examinations in 1961 consist of the following: b. First Philippine Energy Corporation
1. 1961-1963: M.A. in Economics (Ph. D. candidate), University of c. First Philippine Holdings Corporation
Pennsylvania
d. First Philippine Industrial Corporation
2. 1963-1970: World Bank Group — Economist, Industry Department;
Operations, Latin American Department; Division Chief, South Asia and
Middle East, International Finance Corporation e. Graphic Atelier
3. 1970-1973: Meralco Group — Executive of various companies, i.e., f. Manila Electric Company
Meralco Securities Corporation, Philippine Petroleum Corporation,
Philippine Electric Corporation g. Philippine Commercial Capital, Inc.
h. Philippine Electric Corporation It would be difficult, if not impossible to lay down a formula or definition of
what constitutes the practice of law. "Practicing law" has been defined as
"Practicing as an attorney or counselor at law according to the laws and
i. Tarlac Reforestation and Environment Enterprises
customs of our courts, is the giving of advice or rendition of any sort of
service by any person, firm or corporation when the giving of such advice or
j. Tolong Aquaculture Corporation rendition of such service requires the use of any degree of legal knowledge
or skill." Without adopting that definition, we referred to it as being
substantially correct in People ex rel. Illinois State Bar Ass'n v. People's
k. Visayan Aquaculture Corporation Stock Yards State Bank, 344 Ill. 462,176 N.E. 901. (People v. Schafer, 87
N.E. 2d 773, 776)
l. Guimaras Aquaculture Corporation (Rollo, pp. 21-22)
For one's actions to come within the purview of practice of law they should not only be
There is nothing in the above bio-data which even remotely indicates that respondent activities peculiar to the work of a lawyer, they should also be performed, habitually,
Monsod has given the lawenough attention or a certain degree of commitment and frequently or customarily, to wit:
participation as would support in all sincerity and candor the claim of having engaged
in its practice for at least ten years. Instead of working as a lawyer, he has lawyers xxx xxx xxx
working for him. Instead of giving receiving that legal advice of legal services, he was
the oneadvice and those services as an executive but not as a lawyer.
Respondent's answers to questions propounded to him were rather evasive.
He was asked whether or not he ever prepared contracts for the parties in
The deliberations before the Commission on Appointments show an effort to equate
real-estate transactions where he was not the procuring agent. He
"engaged in the practice of law" with the use of legal knowledge in various fields of answered: "Very seldom." In answer to the question as to how many times
endeavor such as commerce, industry, civic work, blue ribbon investigations, agrarian he had prepared contracts for the parties during the twenty-one years of his
reform, etc. where such knowledge would be helpful.
business, he said: "I have no Idea." When asked if it would be more than
half a dozen times his answer was I suppose. Asked if he did not recall
I regret that I cannot join in playing fast and loose with a term, which even an ordinary making the statement to several parties that he had prepared contracts in a
layman accepts as having a familiar and customary well-defined meaning. Every large number of instances, he answered: "I don't recall exactly what was
resident of this country who has reached the age of discernment has to know, follow, said." When asked if he did not remember saying that he had made a
or apply the law at various times in his life. Legal knowledge is useful if not necessary practice of preparing deeds, mortgages and contracts and charging a fee to
for the business executive, legislator, mayor, barangay captain, teacher, policeman, the parties therefor in instances where he was not the broker in the deal, he
farmer, fisherman, market vendor, and student to name only a few. And yet, can these answered: "Well, I don't believe so, that is not a practice." Pressed further
people honestly assert that as such, they are engaged in the practice of law? for an answer as to his practice in preparing contracts and deeds for parties
where he was not the broker, he finally answered: "I have done about
everything that is on the books as far as real estate is concerned."
The Constitution requires having been "engaged in the practice of law for at least ten
years." It is not satisfied with having been "a member of the Philippine bar for at least
ten years." xxx xxx xxx
Some American courts have defined the practice of law, as follows: Respondent takes the position that because he is a real-estate broker he
has a lawful right to do any legal work in connection with real-estate
transactions, especially in drawing of real-estate contracts, deeds,
The practice of law involves not only appearance in court in connection with mortgages, notes and the like. There is no doubt but that he has engaged in
litigation but also services rendered out of court, and it includes the giving of these practices over the years and has charged for his services in that
advice or the rendering of any services requiring the use of legal skill or connection. ... (People v. Schafer, 87 N.E. 2d 773)
knowledge, such as preparing a will, contract or other instrument, the legal
effect of which, under the facts and conditions involved, must be carefully
determined. People ex rel. Chicago Bar Ass'n v. Tinkoff, 399 Ill. 282, 77 xxx xxx xxx
N.E.2d 693; People ex rel. Illinois State Bar Ass'n v. People's Stock Yards
State Bank, 344 Ill. 462,176 N.E. 901, and cases cited.
... An attorney, in the most general sense, is a person designated or
employed by another to act in his stead; an agent; more especially, one of a
class of persons authorized to appear and act for suitors or defendants in a habitual exercise (People v. Villanueva, 14 SCRA 1 09 citing State v.
legal proceedings. Strictly, these professional persons are attorneys at law, Cotner, 1 27, p. 1, 87 Kan, 864)." (Rollo, p. 115)
and non-professional agents are properly styled "attorney's in fact;" but the
single word is much used as meaning an attorney at law. A person may be
xxx xxx xxx
an attorney in facto for another, without being an attorney at law. Abb. Law
Dict. "Attorney." A public attorney, or attorney at law, says Webster, is an
officer of a court of law, legally qualified to prosecute and defend actions in While the career as a businessman of respondent Monsod may have profited from his
such court on the retainer of clients. "The principal duties of an attorney are legal knowledge, the use of such legal knowledge is incidental and consists of isolated
(1) to be true to the court and to his client; (2) to manage the business of his activities which do not fall under the denomination of practice of law. Admission to the
client with care, skill, and integrity; (3) to keep his client informed as to the practice of law was not required for membership in the Constitutional Commission or
state of his business; (4) to keep his secrets confided to him as such. ... His in the Fact-Finding Commission on the 1989 Coup Attempt. Any specific legal
rights are to be justly compensated for his services." Bouv. Law Dict. tit. activities which may have been assigned to Mr. Monsod while a member may be
"Attorney." The transitive verb "practice," as defined by Webster, means 'to likened to isolated transactions of foreign corporations in the Philippines which do not
do or perform frequently, customarily, or habitually; to perform by a categorize the foreign corporations as doing business in the Philippines. As in the
succession of acts, as, to practice gaming, ... to carry on in practice, or practice of law, doing business also should be active and continuous. Isolated
repeated action; to apply, as a theory, to real life; to exercise, as a business transactions or occasional, incidental and casual transactions are not within
profession, trade, art. etc.; as, to practice law or medicine,' etc...." (State v. the context of doing business. This was our ruling in the case of Antam Consolidated,
Bryan, S.E. 522, 523; Emphasis supplied) Inc. v. Court of appeals, 143 SCRA 288 [1986]).
In this jurisdiction, we have ruled that the practice of law denotes frequency or a Respondent Monsod, corporate executive, civic leader, and member of the
succession of acts. Thus, we stated in the case of People v. Villanueva (14 SCRA 109 Constitutional Commission may possess the background, competence, integrity, and
[1965]): dedication, to qualify for such high offices as President, Vice-President, Senator,
Congressman or Governor but the Constitution in prescribing the specific qualification
of having engaged in the practice of law for at least ten (10) years for the position of
xxx xxx xxx
COMELEC Chairman has ordered that he may not be confirmed for that office. The
Constitution charges the public respondents no less than this Court to obey its
... Practice is more than an isolated appearance, for it consists in frequent or mandate.
customary actions, a succession of acts of the same kind. In other words, it is frequent
habitual exercise (State v. Cotner, 127, p. 1, 87 Kan. 864, 42 LRA, M.S. 768). Practice
I, therefore, believe that the Commission on Appointments committed grave abuse of
of law to fall within the prohibition of statute has been interpreted as customarily or
discretion in confirming the nomination of respondent Monsod as Chairman of the
habitually holding one's self out to the public, as a lawyer and demanding payment for
COMELEC.
such services. ... . (at p. 112)
3. Application of law legal principle practice or procedure which calls for ACCORDINGLY, my vote is to GRANT the petition and to declare respondent Monsod
legal knowledge, training and experience is within the term "practice of law". as not qualified for the position of COMELEC Chairman for not having engaged in the
(Martin supra) practice of law for at least ten (10) years prior to his appointment to such position.
4. Attorney-client relationship. Engaging in the practice of law presupposes CRUZ, J., dissenting:
the existence of lawyer-client relationship. Hence, where a lawyer
undertakes an activity which requires knowledge of law but involves no
I am sincerely impressed by the ponencia of my brother Paras but find I must dissent
attorney-client relationship, such as teaching law or writing law books or
just the same. There are certain points on which I must differ with him while of course
articles, he cannot be said to be engaged in the practice of his profession or
respecting hisviewpoint.
a lawyer (Agpalo, Legal Ethics, 1989 ed., p. 30).3
To begin with, I do not think we are inhibited from examining the qualifications of the
The above-enumerated factors would, I believe, be useful aids in determining whether
respondent simply because his nomination has been confirmed by the Commission on
or not respondent Monsod meets the constitutional qualification of practice of law for
Appointments. In my view, this is not a political question that we are barred from
at least ten (10) years at the time of his appointment as COMELEC Chairman.
resolving. Determination of the appointee's credentials is made on the basis of the
established facts, not the discretion of that body. Even if it were, the exercise of that
The following relevant questions may be asked: discretion would still be subject to our review.
1. Did respondent Monsod perform any of the tasks which are peculiar to the practice In Luego, which is cited in the ponencia, what was involved was the discretion of the
of law? appointing authority to choosebetween two claimants to the same office who both
possessed the required qualifications. It was that kind of discretion that we said could
not be reviewed.
2. Did respondent perform such tasks customarily or habitually?
If a person elected by no less than the sovereign people may be ousted by this Court
3. Assuming that he performed any of such tasks habitually, did he do so
for lack of the required qualifications, I see no reason why we cannot disqualified an
HABITUALLY FOR AT LEAST TEN (10) YEARS prior to his appointment as
appointee simply because he has passed the Commission on Appointments.
COMELEC Chairman?
Even the President of the Philippines may be declared ineligible by this Court in an
Given the employment or job history of respondent Monsod as appears from the
appropriate proceeding notwithstanding that he has been found acceptable by no less
records, I am persuaded that if ever he did perform any of the tasks which constitute
than the enfranchised citizenry. The reason is that what we would be examining is not
the practice of law, he did not do so HABITUALLY for at least ten (10) years prior to
the wisdom of his election but whether or not he was qualified to be elected in the first
his appointment as COMELEC Chairman.
place.
While it may be granted that he performed tasks and activities which could be
Coming now to the qualifications of the private respondent, I fear that
latitudinarianly considered activities peculiar to the practice of law, like the drafting of
the ponencia may have been too sweeping in its definition of the phrase "practice of
legal documents and the rendering of legal opinion or advice, such were isolated
law" as to render the qualification practically toothless. From the numerous activities
transactions or activities which do not qualify his past endeavors as "practice of law."
accepted as embraced in the term, I have the uncomfortable feeling that one does not
To become engaged in the practice of law, there must be a continuity, or a succession
even have to be a lawyer to be engaged in the practice of law as long as his activities
of acts. As observed by the Solicitor General in People vs. Villanueva:4
involve the application of some law, however peripherally. The stock broker and the
insurance adjuster and the realtor could come under the definition as they deal with or
Essentially, the word private practice of law implies that one must have give advice on matters that are likely "to become involved in litigation."
presented himself to be in the activeand continued practice of the legal
profession and that his professional services are available to the public for a
The lawyer is considered engaged in the practice of law even if his main occupation is
another business and he interprets and applies some law only as an incident of such
business. That covers every company organized under the Corporation Code and When this petition was filed, there was hope that engaging in the practice of law as a
regulated by the SEC under P.D. 902-A. Considering the ramifications of the modern qualification for public office would be settled one way or another in fairly definitive
society, there is hardly any activity that is not affected by some law or government terms. Unfortunately, this was not the result.
regulation the businessman must know about and observe. In fact, again going by the
definition, a lawyer does not even have to be part of a business concern to be
Of the fourteen (14) member Court, 5 are of the view that Mr. Christian Monsod
considered a practitioner. He can be so deemed when, on his own, he rents a house
engaged in the practice of law (with one of these 5 leaving his vote behind while on
or buys a car or consults a doctor as these acts involve his knowledge and application
official leave but not expressing his clear stand on the matter); 4 categorically stating
of the laws regulating such transactions. If he operates a public utility vehicle as his
that he did not practice law; 2 voting in the result because there was no error so gross
main source of livelihood, he would still be deemed engaged in the practice of law
as to amount to grave abuse of discretion; one of official leave with no instructions left
because he must obey the Public Service Act and the rules and regulations of the
behind on how he viewed the issue; and 2 not taking part in the deliberations and the
Energy Regulatory Board.
decision.
The ponencia quotes an American decision defining the practice of law as the
There are two key factors that make our task difficult. First is our reviewing the work of
"performance of any acts . . . in or out of court, commonly understood to be the
a constitutional Commission on Appointments whose duty is precisely to look into the
practice of law," which tells us absolutely nothing. The decision goes on to say that
qualifications of persons appointed to high office. Even if the Commission errs, we
"because lawyers perform almost every function known in the commercial and
have no power to set aside error. We can look only into grave abuse of discretion or
governmental realm, such a definition would obviously be too global to be workable."
whimsically and arbitrariness. Second is our belief that Mr. Monsod possesses
superior qualifications in terms of executive ability, proficiency in management,
The effect of the definition given in the ponencia is to consider virtually every lawyer to educational background, experience in international banking and finance, and instant
be engaged in the practice of law even if he does not earn his living, or at least part of recognition by the public. His integrity and competence are not questioned by the
it, as a lawyer. It is enough that his activities are incidentally (even if only remotely) petitioner. What is before us is compliance with a specific requirement written into the
connected with some law, ordinance, or regulation. The possible exception is the Constitution.
lawyer whose income is derived from teaching ballroom dancing or escorting wrinkled
ladies with pubescent pretensions.
Inspite of my high regard for Mr. Monsod, I cannot shirk my constitutional duty. He has
never engaged in the practice of law for even one year. He is a member of the bar but
The respondent's credentials are impressive, to be sure, but they do not persuade me to say that he has practiced law is stretching the term beyond rational limits.
that he has been engaged in the practice of law for ten years as required by the
Constitution. It is conceded that he has been engaged in business and finance, in
A person may have passed the bar examinations. But if he has not dedicated his life
which areas he has distinguished himself, but as an executive and economist and not
to the law, if he has not engaged in an activity where membership in the bar is a
as a practicing lawyer. The plain fact is that he has occupied the various positions
requirement I fail to see how he can claim to have been engaged in the practice of
listed in his resume by virtue of his experience and prestige as a businessman and not
law.
as an attorney-at-law whose principal attention is focused on the law. Even if it be
argued that he was acting as a lawyer when he lobbied in Congress for agrarian and
urban reform, served in the NAMFREL and the Constitutional Commission (together Engaging in the practice of law is a qualification not only for COMELEC chairman but
with non-lawyers like farmers and priests) and was a member of the Davide also for appointment to the Supreme Court and all lower courts. What kind of Judges
Commission, he has not proved that his activities in these capacities extended over or Justices will we have if there main occupation is selling real estate, managing a
the prescribed 10-year period of actual practice of the law. He is doubtless eminently business corporation, serving in fact-finding committee, working in media, or operating
qualified for many other positions worthy of his abundant talents but not as Chairman a farm with no active involvement in the law, whether in Government or private
of the Commission on Elections. practice, except that in one joyful moment in the distant past, they happened to pass
the bar examinations?
I have much admiration for respondent Monsod, no less than for Mr. Justice Paras,
but I must regretfully vote to grant the petition. The Constitution uses the phrase "engaged in the practice of law for at least ten
years." The deliberate choice of words shows that the practice envisioned is active
and regular, not isolated, occasional, accidental, intermittent, incidental, seasonal, or
GUTIERREZ, JR., J., dissenting:
extemporaneous. To be "engaged" in an activity for ten years requires committed
participation in something which is the result of one's decisive choice. It means that
one is occupied and involved in the enterprise; one is obliged or pledged to carry it out
with intent and attention during the ten-year period.
I agree with the petitioner that based on the bio-data submitted by respondent Monsod c. Philippine SUNsystems Products, Inc.
to the Commission on Appointments, the latter has not been engaged in the practice
of law for at least ten years. In fact, if appears that Mr. Monsod has never practiced
d. Semirara Coal Corporation
law except for an alleged one year period after passing the bar examinations when he
worked in his father's law firm. Even then his law practice must have been extremely
limited because he was also working for M.A. and Ph. D. degrees in Economics at the e. CBL Timber Corporation
University of Pennsylvania during that period. How could he practice law in the United
States while not a member of the Bar there?
Member of the Board of the Following:
1. 1961-1963: M.A. in Economics (Ph. D. candidate), University of c. First Philippine Holdings Corporation
Pennsylvania
d. First Philippine Industrial Corporation
2. 1963-1970: World Bank Group — Economist, Industry Department;
Operations, Latin American Department; Division Chief, South Asia and e. Graphic Atelier
Middle East, International Finance Corporation
f. Manila Electric Company
3. 1970-1973: Meralco Group — Executive of various companies, i.e.,
Meralco Securities Corporation, Philippine Petroleum Corporation,
Philippine Electric Corporation g. Philippine Commercial Capital, Inc.
While the career as a businessman of respondent Monsod may have profited from his
legal knowledge, the use of such legal knowledge is incidental and consists of isolated
activities which do not fall under the denomination of practice of law. Admission to the
practice of law was not required for membership in the Constitutional Commission or
in the Fact-Finding Commission on the 1989 Coup Attempt. Any specific legal
activities which may have been assigned to Mr. Monsod while a member may be
likened to isolated transactions of foreign corporations in the Philippines which do not
categorize the foreign corporations as doing business in the Philippines. As in the
practice of law, doing business also should be active and continuous. Isolated
business transactions or occasional, incidental and casual transactions are not within
the context of doing business. This was our ruling in the case of Antam Consolidated,
Inc. v. Court of appeals, 143 SCRA 288 [1986]).
We have serious doubts, about the validity of this claim, what with respondent's failure
to exhibit any certification to that effect (the equivalence) by the proper school officials.
However, it is unnecessary to dwell on this, since the second charge is clearly
Republic of the Philippines meritorious. Diao never obtained his A.A. from Quisumbing College; and yet his
SUPREME COURT application for examination represented him as an A.A. graduate (1940-1941) of such
Manila college. Now, asserting he had obtained his A.A. title from the Arellano University in
April, 1949, he says he was erroneously certified, due to confusion, as a graduate of
EN BANC Quisumbing College, in his school records.
A.C. No. 244 March 29, 1963 Wherefore, the parties respectfully pray that the foregoing stipulation of facts be
admitted and approved by this Honorable Court, without prejudice to the parties
adducing other evidence to prove their case not covered by this stipulation of
IN THE MATTER OF THE PETITION FOR DISBARMENT OF TELESFORO A. facts. 1äwphï1.ñët
DIAO,
vs.
SEVERINO G. MARTINEZ, petitioner. This explanation is not acceptable, for the reason that the "error" or "confusion" was
obviously of his own making. Had his application disclosed his having obtained A.A.
from Arellano University, it would also have disclosed that he got it in April, 1949,
BENGZON, C.J.: thereby showing that he began his law studies (2nd semester of 1948-1949) six
months before obtaining his Associate in Arts degree. And then he would not have
After successfully passing the corresponding examinations held in 1953, Telesforo A. been permitted to take the bar tests, because our Rules provide, and the applicant for
Diao was admitted to the Bar. the Bar examination must affirm under oath, "That previous to the study of law, he had
successfully and satisfactorily completed the required pre-legal education(A.A.) as
prescribed by the Department of Private Education," (emphasis on "previous").
About two years later, Severino Martinez charged him with having falsely represented
in his application for such Bar examination, that he had the requisite academic
qualifications. The matter was in due course referred to the Solicitor General who Plainly, therefore, Telesforo A. Diao was not qualified to take the bar examinations;
caused the charge to be investigated; and later he submitted a report recommending but due to his false representations, he was allowed to take it, luckily passed it, and
that Diao's name be erased from the roll of attorneys, because contrary to the was thereafter admitted to the Bar. Such admission having been obtained under false
allegations in his petition for examination in this Court, he (Diao) had not completed, pretenses must be, and is hereby revoked. The fact that he hurdled the Bar
before taking up law subjects, the required pre-legal education prescribed by the examinations is immaterial. Passing such examinations is not the only qualification to
Department of Private Education, specially, in the following particulars: become an attorney-at-law; taking the prescribed courses of legal study in the regular
manner is equally essential..
(a) Diao did not complete his high school training; and
The Clerk is, therefore, ordered to strike from the roll of attorneys, the name of
Telesforo A. Diao. And the latter is required to return his lawyer's diploma within thirty
(b) Diao never attended Quisumbing College, and never obtained his A.A. days. So ordered.
diploma therefrom — which contradicts the credentials he had submitted in
support of his application for examination, and of his allegation therein of
successful completion of the "required pre-legal education". Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes,
Dizon, Regala and Makalintal, JJ., concur.
Answering this official report and complaint, Telesforo A. Diao, practically admits the
first charge: but he claims that although he had left high school in his third year, he
entered the service of the U.S. Army, passed the General Classification Test given
therein, which (according to him) is equivalent to a high school diploma, and upon his
return to civilian life, the educational authorities considered his army service as the
equivalent of 3rd and 4th year high school.
Republic of the Philippines Pedro T. Santiago had terminated his probation period by virtue of an Order dated 11
SUPREME COURT April 1994. We note that his probation period did not last for more than ten (10)
Manila months from the time of the Order of Judge Santiago granting him probation dated 18
June 1993. Since then, Mr. Argosino has filed three (3) Motions for Early Resolution of
his Petition for Admission to the Bar.
EN BANC
Eleven (11) days later, Mr. Argosino and his colleagues filed an application for And we may pause to say that this requirement of the statute is
probation with the lower court. The application for probation was granted in an Order eminently proper. Consider for a moment the duties of a lawyer.
dated 18 June 1993 issued by Regional Trial Court Judge Pedro T. Santiago. The He is sought as counsellor, and his advice comes home, in its
period of probation was set at two (2) years, counted from the probationer's initial ultimate effect, to every man's fireside. Vast interests are
report to the probation officer assigned to supervise him. committed to his care; he is the recipient of unbounded trust and
confidence; he deals with is client's property, reputation, his
Less than a month later, on 13 July 1993, Mr. Argosino filed a Petition for Admission life, his all. An attorney at law is a sworn officer of the Court,
to Take the 1993 Bar Examinations. In this Petition, he disclosed the fact of his whose chief concern, as such, is to aid the administration of
criminal conviction and his then probation status. He was allowed to take the 1993 Bar justice. . . .
Examinations in this Court's En Banc Resolution dated 14 August 1993.1 He passed
the Bar Examination. He was not, however, allowed to take the lawyer's oath of office. xxx xxx xxx4
On 15 April 1994, Mr. Argosino filed a Petition with this Court to allow him to take the
attorney's oath of office and to admit him to the practice of law, averring that Judge
In Re Application of Kaufman,5 citing Re Law Examination of clients, but be able to assist court in the trial of the cause. Yet
1926 (1926) 191 Wis 359, 210 NW 710: what protection to clients or assistance to courts could such
agents give? They are required to be of good moral character, so
that the agents and officers of the court, which they are, may not
It can also be truthfully said that there exists nowhere greater
bring discredit upon the due administration of the law, and it is of
temptations to deviate from the straight and narrow path than in
the highest possible consequence that both those who have not
the multiplicity of circumstances that arise in the practice of
such qualifications in the first instance, or who, having had them,
profession. For these reasons the wisdom of requiring an
have fallen therefrom, shall not be permitted to appear in courts to
applicant for admission to the bar to possess a high moral
aid in the administration of justice.
standard therefore becomes clearly apparent, and the board of
bar examiners as an arm of the court, is required to cause a
minute examination to be made of the moral standard of each It has also been stressed that the requirement of good moral character is, in fact, of
candidate for admission to practice. . . . It needs no further greater importance so far as the general public and the proper administration of justice
argument, therefore, to arrive at the conclusion that the highest are concerned, than the possession of legal learning:
degree of scrutiny must be exercised as to the moral character of
a candidate who presents himself for admission to the bar. The
. . . (In re Applicants for License, 55 S.E. 635, 143 N.C. 1, 10
evil must, if possible, be successfully met at its very source, and
L.R.A. [N.S.] 288, 10 Ann./Cas. 187):
prevented, for, after a lawyer has once been admitted, and has
pursued his profession, and has established himself therein, a far
more difficult situation is presented to the court when proceedings The public policy of our state has always
are instituted for disbarment and for the recalling and annulment been to admit no person to the practice of the
of his license. law unless he covered an upright moral
character. The possession of this by the
attorney is more important, if anything, to the
In Re Keenan:6
public and to the proper administration of
justice than legal learning. Legal learning
The right to practice law is not one of the inherent rights of every may be acquired in after years, but if the
citizen, as in the right to carry on an ordinary trade or business. It applicant passes the threshold of the bar with
is a peculiar privilege granted and continued only to those who a bad moral character the chances are that
demonstrate special fitness in intellectual attainment and in moral his character will remain bad, and that he will
character. All may aspire to it on an absolutely equal basis, but become a disgrace instead of an ornament to
not all will attain it. Elaborate machinery has been set up to test his great calling — a curse instead of a
applicants by standards fair to all and to separate the fit from the benefit to his community — a Quirk, a
unfit. Only those who pass the test are allowed to enter the Gammon or a Snap, instead of a Davis, a
profession, and only those who maintain the standards are Smith or a Ruffin.9
allowed to remain in it.
All aspects of moral character and behavior may be inquired into in respect of those
Re Rouss:7 seeking admission to the Bar. The scope of such inquiry is, indeed, said to be properly
broader than inquiry into the moral proceedings for disbarment:
Membership in the bar is a privilege burdened with conditions,
and a fair private and professional character is one of them; to Re Stepsay: 10
refuse admission to an unworthy applicant is not to punish him for
past offense: an examination into character, like the examination
The inquiry as to the moral character of an attorney in a
into learning, is merely a test of fitness.
proceeding for his admission to practice is broader in scope than
in a disbarment proceeding.
Cobb vs. Judge of Superior Court:8
Re Wells: 11
Attorney's are licensed because of their learning and ability, so
that they may not only protect the rights and interests of their
. . . that an applicant's contention that upon application for how he has tried to make up for the senseless killing of a helpless student to the
admission to the California Bar the court cannot reject him for family of the deceased student and to the community at large. Mr. Argosino must, in
want of good moral character unless it appears that he has been other words, submit relevant evidence to show that he is a different person now, that
guilty of acts which would be cause for his disbarment or he has become morally fit for admission to the ancient and learned profession of the
suspension, could not be sustained; that the inquiry is broader in law.
its scope than that in a disbarment proceeding, and the court may
receive any evidence which tends to show the applicant's
Finally, Mr. Argosino is hereby DIRECTED to inform this Court, by appropriate written
character as respects honesty, integrity, and general
manifestation, of the names and addresses of the father and mother (in default
morality, and may no doubt refuse admission upon proofs that
thereof, brothers and sisters, if any, of Raul Camaligan), within ten (10) day from
might not establish his guilt of any of the acts declared to be
notice hereof. Let a copy of this Resolution be furnished to the parents or brothers and
causes for disbarment.
sisters, if any, of Raul Camaligan.
The requirement of good moral character to be satisfied by those who would seek
Narvasa, C.J., Padilla, Regalado, Davide, Jr., Romero and Melo, JJ., concur.
admission to the bar must of necessity be more stringent than the norm of conduct
expected from members of the general public. There is a very real need to prevent a
general perception that entry into the legal profession is open to individuals with Bellosillo, J. is on leave.
inadequate moral qualifications. The growth of such a perception would signal the
progressive destruction of our people's confidence in their courts of law and in our
legal system as we know it.12
Mr. Argosino's participation in the deplorable "hazing" activities certainly fell far short
of the required standard of good moral character. The deliberate (rather than merely
accidental or inadvertent) infliction of severe physical injuries which proximately led to
the death of the unfortunate Raul Camaligan, certainly indicated serious character
flaws on the part of those who inflicted such injuries. Mr. Argosino and his co-accused
had failed to discharge their moral duty to protect the life and well-being of a
"neophyte" who had, by seeking admission to the fraternity involved, reposed trust and
confidence in all of them that, at the very least, he would not be beaten and kicked to
death like a useless stray dog. Thus, participation in the prolonged and mindless
physical beatings inflicted upon Raul Camaligan constituted evident rejection of that
moral duty and was totally irresponsible behavior, which makes impossible a finding
that the participant was then possessed of good moral character.
Now that the original period of probation granted by the trial court has expired, the
Court is prepared to consider de novo the question of whether applicant A.C. Argosino
has purged himself of the obvious deficiency in moral character referred to above. We
stress that good moral character is a requirement possession of which must be
demonstrated not only at the time of application for permission to take the bar
examinations but also, and more importantly, at the time of application for admission
to the bar and to take the attorney's oath of office.
Mr. Argosino must, therefore, submit to this Court, for its examination and EN BANC
consideration, evidence that he may be now regarded as complying with the
requirement of good moral character imposed upon those seeking admission to the
bar. His evidence may consist, inter alia, of sworn certifications from responsible
members of the community who have a good reputation for truth and who
have actually known Mr. Argosino for a significant period of time, particularly since the [B. M. No. 1036. June 10, 2003]
judgment of conviction was rendered by Judge Santiago. He should show to the Court
DONNA MARIE S. AGUIRRE, complainant, vs. EDWIN L. RANA, respondent. Mandaon, Masbate. As such, respondent is not allowed by law to act as counsel for a
client in any court or administrative body.
DECISION On the charge of grave misconduct and misrepresentation, complainant
accuses respondent of acting as counsel for vice mayoralty candidate George Bunan
CARPIO, J.:
(Bunan) without the latter engaging respondents services. Complainant claims that
respondent filed the pleading as a ploy to prevent the proclamation of the winning vice
mayoralty candidate.
The Case On 22 May 2001, the Court issued a resolution allowing respondent to take the
lawyers oath but disallowed him from signing the Roll of Attorneys until he is cleared
of the charges against him. In the same resolution, the Court required respondent to
Before one is admitted to the Philippine Bar, he must possess the requisite comment on the complaint against him.
moral integrity for membership in the legal profession. Possession of moral integrity is
In his Comment, respondent admits that Bunan sought his specific assistance to
of greater importance than possession of legal learning. The practice of law is a
represent him before the MBEC. Respondent claims that he decided to assist and
privilege bestowed only on the morally fit. A bar candidate who is morally unfit cannot
advice Bunan, not as a lawyer but as a person who knows the law. Respondent
practice law even if he passes the bar examinations.
admits signing the 19 May 2001 pleading that objected to the inclusion of certain votes
in the canvassing. He explains, however, that he did not sign the pleading as a lawyer
or represented himself as an attorney in the pleading.
The Facts On his employment as secretary of the Sangguniang Bayan, respondent claims
that he submitted his resignation on 11 May 2001 which was allegedly accepted on
the same date. He submitted a copy of the Certification of Receipt of Revocable
Respondent Edwin L. Rana (respondent) was among those who passed the Resignation dated 28 May 2001 signed by Vice-Mayor Napoleon Relox. Respondent
2000 Bar Examinations. further claims that the complaint is politically motivated considering that complainant is
the daughter of Silvestre Aguirre, the losing candidate for mayor of Mandaon,
On 21 May 2001, one day before the scheduled mass oath-taking of successful Masbate. Respondent prays that the complaint be dismissed for lack of merit and that
bar examinees as members of the Philippine Bar, complainant Donna Marie Aguirre he be allowed to sign the Roll of Attorneys.
(complainant) filed against respondent a Petition for Denial of Admission to the
Bar. Complainant charged respondent with unauthorized practice of law, grave On 22 June 2001, complainant filed her Reply to respondents Comment and
misconduct, violation of law, and grave misrepresentation. refuted the claim of respondent that his appearance before the MBEC was only to
extend specific assistance to Bunan. Complainant alleges that on 19 May 2001 Emily
The Court allowed respondent to take his oath as a member of the Bar during Estipona-Hao (Estipona-Hao) filed a petition for proclamation as the winning candidate
the scheduled oath-taking on 22 May 2001 at the Philippine International Convention for mayor. Respondent signed as counsel for Estipona-Hao in this petition. When
Center. However, the Court ruled that respondent could not sign the Roll of Attorneys respondent appeared as counsel before the MBEC, complainant questioned his
pending the resolution of the charge against him. Thus, respondent took the lawyers appearance on two grounds: (1) respondent had not taken his oath as a lawyer; and
oath on the scheduled date but has not signed the Roll of Attorneys up to now. (2) he was an employee of the government.
Complainant charges respondent for unauthorized practice of law and grave Respondent filed a Reply (Re: Reply to Respondents Comment) reiterating his
misconduct. Complainant alleges that respondent, while not yet a lawyer, appeared as claim that the instant administrative case is motivated mainly by political vendetta.
counsel for a candidate in the May 2001 elections before the Municipal Board of
Election Canvassers (MBEC) of Mandaon, Masbate. Complainant further alleges that On 17 July 2001, the Court referred the case to the Office of the Bar Confidant
respondent filed with the MBEC a pleading dated 19 May 2001 entitled Formal (OBC) for evaluation, report and recommendation.
Objection to the Inclusion in the Canvassing of Votes in Some Precincts for the Office
of Vice-Mayor. In this pleading, respondent represented himself as counsel for and in
behalf of Vice Mayoralty Candidate, George Bunan, and signed the pleading as
counsel for George Bunan (Bunan). OBCs Report and Recommendation
Verily, respondent was engaged in the practice of law when he appeared in the
We agree with the findings and conclusions of the OBC that respondent proceedings before the MBEC and filed various pleadings, without license to do so.
engaged in the unauthorized practice of law and thus does not deserve admission to Evidence clearly supports the charge of unauthorized practice of law. Respondent
the Philippine Bar. called himself counsel knowing fully well that he was not a member of the Bar. Having
held himself out as counsel knowing that he had no authority to practice law,
Respondent took his oath as lawyer on 22 May 2001. However, the records respondent has shown moral unfitness to be a member of the Philippine Bar.[3]
show that respondent appeared as counsel for Bunan prior to 22 May 2001, before
respondent took the lawyers oath. In the pleading entitled Formal Objection to the The right to practice law is not a natural or constitutional right but is a
Inclusion in the Canvassing of Votes in Some Precincts for the Office of Vice- privilege. It is limited to persons of good moral character with special qualifications
Mayor dated 19 May 2001, respondent signed as counsel for George Bunan. In the duly ascertained and certified.The exercise of this privilege presupposes possession
first paragraph of the same pleading respondent stated that he was of integrity, legal knowledge, educational attainment, and even public trust[4] since a
the (U)ndersigned Counsel for, and in behalf of Vice Mayoralty Candidate, lawyer is an officer of the court. A bar candidate does not acquire the right to practice
GEORGE T. BUNAN. Bunan himself wrote the MBEC on 14 May 2001 that he had law simply by passing the bar examinations. The practice of law is a privilege that can
authorized Atty. Edwin L. Rana as his counsel to represent him before the MBEC and be withheld even from one who has passed the bar examinations, if the person
similar bodies. seeking admission had practiced law without a license. [5]
On 14 May 2001, mayoralty candidate Emily Estipona-Hao also retained The regulation of the practice of law is unquestionably strict. In Beltran, Jr. v.
respondent as her counsel. On the same date, 14 May 2001, Erly D. Hao informed the Abad,[6] a candidate passed the bar examinations but had not taken his oath and
MBEC that Atty. Edwin L. Rana has been authorized by REFORMA LM-PPC as the signed the Roll of Attorneys. He was held in contempt of court for practicing law even
legal counsel of the party and the candidate of the said party. Respondent himself before his admission to the Bar. Under Section 3 (e) of Rule 71 of the Rules of Court,
wrote the MBEC on 14 May 2001 that he was entering his appearance as counsel a person who engages in the unauthorized practice of law is liable for indirect
for Mayoralty Candidate Emily Estipona-Hao and for the REFORMA LM-PPC. On contempt of court.[7]
19 May 2001, respondent signed as counsel for Estipona-Hao in the petition filed
before the MBEC praying for the proclamation of Estipona-Hao as the winning True, respondent here passed the 2000 Bar Examinations and took the lawyers
candidate for mayor of Mandaon, Masbate. oath. However, it is the signing in the Roll of Attorneys that finally makes one a full-
fledged lawyer. The fact that respondent passed the bar examinations is immaterial.
All these happened even before respondent took the lawyers oath. Clearly, Passing the bar is not the only qualification to become an attorney-at-
respondent engaged in the practice of law without being a member of the Philippine law.[8] Respondent should know that two essential requisites for becoming a lawyer
Bar. still had to be performed, namely: his lawyers oath to be administered by this Court
and his signature in the Roll of Attorneys.[9]
In Philippine Lawyers Association v. Agrava,[1] the Court elucidated that:
On the charge of violation of law, complainant contends that the law does not
allow respondent to act as counsel for a private client in any court or administrative
body since respondent is the secretary of the Sangguniang Bayan.
SO ORDERED.