Chapter II: Admission to Practice
Executive power in relation to practice
A. Judicial Control
2.1. Admission to practice a judicial function
 The power to admit applicants to the practice of
law is judicial in nature and involves the exercise
of judicial discretion
 Exercised by the SC (Art. VIII, Sec. 5(5))
 Any legislative or executive judgment
substituting that of the SC in matters concerning
the admission to the practice of law or the
suspension, disbarment or reinstatement of an
attorney infringes upon and constitutes an
invalid exercise of the legislative or executive
power
2.2. Legislative power to repeal, alter or supplement
 In the 1987 Constitution, the SC retains the
primary responsibility for the admission to the
practice of law but it also vests in the high
tribunal the jurisdiction to promulgate, alter or
repeal rules of procedure, including those
enacted by the legislature.
 The legislature may enact a law prescribing
additional qualifications for candidates for
admission to practice or filling up deficiencies in
the requirements for admission to the bar.
o But such law should not be retroactive
o It should not preclude the SC from
fixing other qualifications or
requirements for the practice of law
 The legislature may REGULATE the practice of
law, in the exercise of its police power
 The legislature may enact a law punishing the
unauthorized practice of law.
 It can also require further examination for any
attorney desiring to practice law before any
quasi-judicial or administrative agency, provided
that such additional requirement must have a
rational connection with the attorney’s fitness or
capacity to practice law before such agency.
 The law passed by the legislature may not
restrict the power of the SC to decide who may
practice law
2.3.
 Three professional activities that lawyers engage
 The Chief Executive admit a person to the
practice of law by executive order or treaty with
another country modifying the rules concerning
the admission to the bar.
 The Treaty on the Validity of Academic Degrees
and the Exercise of Profession between the
Philippines and Spain may not allow a degree
holder in Spain to practice law in the Philippines
without complying with the requirements.
 The Chief Executive in creating military tribunals
has not required that counsel appearing before
the commission to be duly licensed. The
appearance of two American lawyer is lawful,
because the commission is a special tribunal
governed by a special law.
2.6. Characteristics of term “practice of law”
2.4. Prescribing standards for law schools
 The CHED acts as an agency or in aid of the SC in
the exercise by the latter of its primary authority
to determine who may be admitted to practice
since that primary authority, by constitutional
mandate, rests and remains exclusively with the
high tribunal.
 Incidental powers of the SC:
o The fixing of minimum standards of
instruction for all law schools to
observe
o The setting up of the necessary
administrative machinery to determine
compliance therewith
o By way of sanction, the refusal to
admit to the bar examination law
graduates from any law school failing
to meet those standards.
B. What Constitutes Practice of Law
2.5. Practice of law, generally
2.7. Representation before the court
Practice of law embraces any activity, in or out of court,
which requires the application of law, legal principle,
practice or procedure and calls for legal knowledge,
training and experience.
in:
o Legal advice and instructions to clients
to inform them of their rights and
obligations
o Preparation for clients of documents
requiring knowledge of legal principles
not possessed by ordinary laymen
o Appearance for clients before public
tribunals
 Engaging in the practice of law presupposes the
existence of an attorney-client relationship.
 Where a lawyer undertakes an activity which
requires knowledge of law but involves no
attorney-client relationship, he cannot be said to
be engaged in the practice of law.
 “Practice of law” implies customarily or
habitually holding oneself out of the public, as a
lawyer, for compensation as a source of
livelihood or in consideration of his service.
 Private practice is more than an isolated
appearance for it consists of frequent or
customary actions, a succession of acts of the
same kind.
 OCA v. Ladaga. A judge prohibited to the private
practice may appear as counsel for his cousin pro
bono in a criminal case, as his appearance was
isolated.
 People v. Villanueva. The appearance as private
prosecutor in one case of a city attorney who is
prohibited from practicing law does not
constitute private practice within the prohibition,
his appearance being isolated.
 A member of a legislature cannot “appear as
counsel before any court of justice or Electoral
Tribunals, or quasi-judicial and other
administrative bodies” even in a single instance.
 Practice of law is the rendering of services to a
person, natural or juridical, in a court of justice
on any matter pending therein through its
various stages and in accordance with
established rules of procedure.
2.8. Representation before other agencies
 Includes appearance in the Philippine Patent
Office in representation of an applicant for
registration of trademark
 Rendering of professional services in claims
before the NLRC, BOC, BIR and the
representation before a legislative body
regarding a proposed legislation or ordinance.
 The fact that the service is rendered before a
quasi-judicial or administrative agency and not
before the court is immaterial. The question is
whether the service constitutes practice of law
because the character of service, and not the
place where it is performed, is the decisive factor
determinative of that question.
2.9. Activity outside of court
 Cayetano v. Monsod. A person’s past work
experience as a lawyer-economist, etc. more
than satisfy the constitutional requirements for
appointment as Chairman of the COMELEC that
he has been engaged in the practice of law for at
least 10 years and that the practice of law need
not be habitual services rendered in litigation in
court.
 Justice Padilla, dissent. Criteria for the practice
of law
1. Habituality – habitually holding oneself out to
the public as a lawyer. Practice of law consists in
frequent or customary action, a succession of
acts of the same kind. It is a habitual exercise.
2. Compensation – A lawyer’s professional services
are available to the public for compensation, as a
source of his livelihood or in consideration of his
said services.
3. Application of law, legal principle, practice or
procedure
4. Attorney-client relationship
C. Who may Practice of Law
2.10. Persons entitled to practice of law, generally
 Two basic requirements for a person to practice
law:
1. He must be admitted to the bar. It involves:
a. Furnishing satisfactory proof of
educational, moral and other
qualification
b. Passing the bar
c. Taking the lawyer’s oath before the SC
d. Signing the roll of attorneys and
receiving from the clerk of court of the
SC a certificate of the license to
practice law.
2. He must remain in good and regular standing, a
continuing requirement which includes:
a. Remain a member of the IBP
b. Remain to pay all IBP membership
dues and other law assessments as
well as the annual privilege tax
c. Faithfully observe the rules of ethics of
the legal profession
d. Be continually subject to judicial
disciplinary control
Purpose of the requirements: To protect the public, the
court, the client and the bar from incompetence and
dishonesty of those who are unfit to become members of
the legal profession
2.11. Right and privilege to practice
 The practice of law, to a great extent is a
privilege and to some degree a right
 The practice of law is not a natural, property or
constitutional right but a mere privilege. It is not
a right granted to anyone who demands it but a
privilege to be extended or withheld in the
exercise of a sound judicial discretion.
 But while the practice of law is a privilege, a
lawyer cannot be prevented from practicing law
except for valid reasons, the practice of law not
being a matter of state’s grace or favor.
2.12. Practice w/o examination
GR: Practice of law is reserved to Filipino citizens who have
passed the required bar examinations
XPN: Rules of Court
(1) Citizens of the US who, before July 4, 1946, were
duly licensed members of the Philippine Bar, in
active practice in the courts of the Philippines
and in good and regular standing as such may,
upon satisfactory proof of these facts before the
SC, be allowed to continue such practice after
taking the oath of office.
(2) Applicants for admission who, being Filipino
citizens, are enrolled attorneys in good standing
in the SC of the US or in any circuit court of
appeals or district court therein, or in the highest
court of ant State or Territory of the US, and who
can show by satisfactory certificates that they
have practiced before July 4, 1946, and that they
have never been suspended or disbarred, may, in
the discretion of the Court, be admitted without
examination.
2.13. Practice without admission
1. In municipal trial court/metropolitan trial court,
a party may conduct his litigation with the aid of
an agent or friend appointed by him for that
purpose (no attorney-client privilege extend to
this relation)
2. In criminal proceedings before a municipal trial
court in a locality where no member of the bar is
available.
3. A union representative may appear for his
organization before the NLRC, LA or arbitrator
4. An individual to act on behalf of a land claimant
before a cadastral court
2.14. Right of party to represent himself
 An individual litigant in a civil case has the right
to conduct his litigation personally.
 He will be bound by the same rules of procedure
and evidence as those applicable to a party
appearing through counsel.
 While an individual is permitted to appear for
himself, but his representation on his behalf is
not considered to be practice of law.
GR: A juridical person must always appear in court by a
duly licensed member of the bar
XPN: In the MTC, where it may be represented by its agent
or officer who need not be a lawyer.

2.15. Practice by corporation
GR: A corporation cannot engage in the practice of law
XPN: It may hire an attorney to attend to and conduct its
own legal business or affairs. But it cannot practice law
directly or indirectly by employing a lawyer to practice for
it or to appear for others for its benefit.
Reason: The nature of the privilege and on the confidential
and trust relation between attorney and client.
2.16. Persons authorized to represent the government
 Any official or other person appointed or
designated in accordance in law to appear for
the Government of the RP
7. Under the LGC, all governors, city and municipal  If the unauthorized practice on the part of a
mayors are prohibited from practicing their person who assumes to be an attorney causes
profession. damage to a party, the former may likewise be
 A member of the Legislature is not absolutely liable for estafa.
prohibited from personally engaging in the
practice of his profession. He is only prohibited 2.19. Remedies against unauthorized practice
from appearing as counsel before any court of
justice or before the Electoral Tribunals, or quasi-  Petitions for:
judicial and other administrative bodies. o Injunction
 A Senator or Congressman cannot file pleadings. o Declaratory relief
 Quando aliquid prohibitur ex directo, prohibitur o Contempt of court
et per obliquum – what is directly prohibited is o Petition for disqualification
prohibited indirectly o Complaints for disbarment
o Administrative complaint against the
GR: Members of the sanggunian may engage in the erring lawyer
practice of law o Criminal complaint for estafa.
XPN: D. Qualification For Admission

1. Solicitor General (1) They shall not appear as counsel before any 2.20. Generally
2. ASG court in any civil case wherein a local gov’t unit
3. Solicitors and trial lawyers or any office, agency or instrumentality of the  Every applicant for admission to the practice of
4. State prosecutors gov’t is the adverse party. law must be:
5. Special counsel in the DOJ (2) In criminal cases wherein an officer of employee
6. Provincial and city prosecutors and their of the national or local gov’t is accused of an 1. A citizen of the Philippines
assistants offense committed in relation to his office 2. A resident thereof
7. Other attorneys in other legal offices of the (3) They shall not collect any fee for their 3. At least 21 years of age
government appearance in administrative proceedings 4. A person of good moral character
involving the LGU of which he is an official 5. He must also show that no charges against him
2.17. Disability of public officials to practice (4) They shall not use the property and personnel of involving moral turpitude are filed or pending in
the Government except when the sanggunian court
 The (1) appointment or (2) election of an member concerned is defending the interest of 6. Possess the required educational qualifications
attorney to a gov’t office disqualifies him from the gov’t 7. Pass the bar examinations
engaging in the private practice of law.
 Reason: Public office is a public trust  A civil service employee must secure a written 2.21. Citizenship and residence
permit from the head of the department before
Absolute prohibition he could practice law privately.  Denied to foreigners
 Related laws:  Based on public policy
1. Judges and other officials and employees of the o GR: Sec. 7(b)(2) of R.A. 6713  An alien cannot well maintain allegiance to the
courts o XPN:Sec. 90 of LGC RP, which is required in the oath of a lawyer
2. OSG and other gov’t prosecutors
3. President, VP 2.18. Liability for unauthorized practice 2.22. Good moral character
4. Members of the cabinet and their deputies and
assistants  Rule 71. A disbarred or suspended lawyer who  Continued possession of good moral character
5. Members of constitutional commissions continues to practice of law is liable for contempt after admission is a requirement for enjoyment
6. Civil service officers or employees whose duties of court, punishable by fine or imprisonment or of the privilege to practice
and responsibilities require that their entire time both at the discretion of the court.  Examples of not good moral character
be at the disposal of the gov’t
 1. Forging certificate of good moral character o Criminal – 10% courts of the Philippines and in good and regular standing
2. Impersonated another for his school records o Remedial – 20% as such may, upon satisfactory proof of those facts before
3. Charged or convicted of a crime involving moral o Legal ethics and practice exercises – 5% the Supreme Court, be allowed to continue such practice
turpitude after taking the following oath of office:
4. Lived an adulterous life E. Procedure for Admission
5. Contracted a second marriage during the I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to
existence of the first 2.25. Bar Exam Committee continue in the practice of law in the Philippines, do
6. Involvement in a bar examination anomaly solemnly swear that I recognize the supreme authority of
 SC acts through a bar exam committee which is the Republic of the Philippines; I will support its
2.23. Educational qualifications composed of: Constitution and obey the laws as well as the legal orders
o Member of SC as chair of the duly constituted authorities therein; I will do no
 An applicant must have pursued and o 8 members of the bar who serve as falsehood, nor consent to the doing of any in court; I will
satisfactorily completed in an authorized and examiners in the 8 subjects not wittingly or willingly promote or sue any groundless,
recognized university, college or school o Bar confidant – liaison officer between false or unlawful suit, nor give aid nor consent to the
o A 4-year high school course chairman and members. Deputy clerk same; I will delay no man for money or malice, and will
o A course of study prescribed for a of court at the same time. His function conduct myself as a lawyer according to the best of may
bachelor’s degree is purely ministerial. knowledge and discretion with all good fidelity as well as
o A 4-year degree in law with completed to the courts as to my clients; and I impose upon myself
courses in in: 2.26. Application and supporting documents this voluntary obligation without any mental reservation or
 Civil law purpose of evasion. So help me God.
 Commercial law Rule 138, Sec. 7. All applicants for admission shall file with
 Remedial law the clerk of the Supreme Court the evidence required by Sec. 4. Requirements for applicants from other
 Criminal law Sec. 2 of this rule at least fifteen (15) days before the jurisdictions— Applicants for admission who, being Filipino
 Public and private beginning of the examination. If not embraced within Sec. citizens, are enrolled attorneys in good standing in the
international law 3 and 4 of this rule they shall also file within the same Supreme Court of the United States or in any circuit court
 Political law period the affidavit and certificate required by Sec. 5, and of appeals or district court therein, or in the highest court
 Labor and social legislation if embraced within Sec.s 3 and 4 they shall exhibit a license of any State or Territory of the United States, and who can
 Medical jurisprudence evidencing the fact of their admission to practice, show by satisfactory certificates that they have practiced at
 Taxation satisfactory evidence that the same has not been revoked, least five years in any of said courts, that such practice
 Legal ethics and certificates as to their professional standing. began before July 4, 1946, and that they have never been
Applicants shall also file at the same time their own suspended or disbarred, may, in the discretion of the
2.24. Bar Exam affidavits as to their age, residence, and citizenship. Court, be admitted without examination.

Purpose: The bar exam is designed to eliminate any one
whose general intelligence, learning and mental capacity
are inadequate to enable him to assume and discharge the
duties of an attorney.
 General average of 75%, without failing below
50% in any subject is the passing grade. The SC
may reduce the passing rate
 Weights:
o Poli and international law – 15%
o Labor – 10%
o Civil – 15%
o Commercial – 15%
o Tax – 10%
Rule 138, Sec. 5. All applicants for admission other than
those referred to in the two preceding Sec. shall, before
being admitted to the examination, satisfactorily show that
they have regularly studied law for four years, and
successfully completed all prescribed courses, in a law
school or university, officially approved and recognized by
the Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school
of law, shall be filed as evidence of such facts, and further
evidence may be required by the court.
Sec. 3. Requirements for lawyers who are citizens of the
United States of America — Citizens of the United States
of America who, before July 4, 1946, were duly licensed
members of the Philippine Bar, in active practice in the
Sec. 2. Requirements for all applicants for admission to
the bar — Every applicant for admission as a member of
the bar must be a citizen of the Philippines, at least
twenty-one years of age, of good moral character, and
resident of the Philippines; and must produce before the
Supreme Court satisfactory evidence of good moral
character, and that no charges against him, involving moral
turpitude, have been filed or are pending in any court in
the Philippines.
2.27. Disclosure of involvement in any criminal case
 Concealment or withholding from the court of
the fact that an applicant has been charged with
or indicted for an alleged crime is a ground for
 (1) disqualification of the applicant to take the
bar exam, or (2) revocation of license to practice
 If what the applicant concealed is a crime which
does not involve moral turpitude, it is the fact of
concealment not the commission of the crime
itself that makes him morally unfit to become a
lawyer.
2.28. Burden of Proof to show qualifications
 After having presented prima facie evidence of
his qualifications, such as three testimonials of
his good moral character from members of the
bar as far as that qualification is concerned, it is
incumbent upon the objecting party to show
contrary evidence to overcome the prima facie
presumption.
 The lawyer’s name may not be stricken off from
the roll of attorneys by reason of alienage, non-
completion of the prescribed course of study or
bad moral character in the absence of clearly
preponderant evidence that he did not, in fact,
possess the necessary qualifications at the time
of his admission.
2.29. Written Examinations
 Held in Manila for 4 days designated by the
chairman of the committee on bar exams.
Sec. 9. Examination; subjects — Applicants, not otherwise
provided for in sections 3 and 4 of this rule, shall be
subjected to examinations in the following subjects: Civil
Law; Labor and Social Legislation; Mercantile Law; Criminal
Law; Political Law (Constitutional Law, Public Corporations,
and Public Officers); International Law (Private and Public);
Taxation; Remedial Law (Civil Procedure, Criminal
Procedure, and Evidence); Legal Ethics and Practical
Exercises (in Pleadings and Conveyancing).
 Upon verified application made by an examinee
stating that his penmanship is so poor that it will
be difficult to read his answers without much
loss of time, the court may allow such examinee
to use a noiseless typewriter
2.30. Restrictions to insure integrity in examination
Sec. 10. Bar examination, by questions and answers, and
in writing — Persons taking the examination shall not
bring papers, books or notes into the examination rooms.
The questions shall be the same for all examinees and a
copy thereof, in English or Spanish, shall be given to each
examinee. Examinees shall answer the questions
personally without help from anyone.
Upon verified application made by an examinee stating
that his penmanship is so poor that it will be difficult to
read his answers without much loss of time., the Supreme
Court may allow such examinee to use a typewriter in
answering the questions. Only noiseless typewriters shall
be allowed to be used.
The committee of bar examiner shall take such precautions
as are necessary to prevent the substitution of papers or
commission of other frauds. Examinees shall not place
their names on the examination papers. No oral
examination shall be given.
Sec. 13. Disciplinary measures — No candidate shall
endeavor to influence any member of the committee, and
during examination the candidates shall not communicate
with each other nor shall they give or receive any
assistance. The candidate who violates this provisions, or
any other provision of this rule, shall be barred from the
examination, and the same to count as a failure against
him, and further disciplinary action, including permanent
disqualification, may be taken in the discretion of the
court.
2.31. Correction and re-evaluation of grades
Sec. 15. Report of the committee; filing of examination
papers — Not later than February 15th after the
examination, or as soon thereafter as may be practicable,
the committee shall file its report on the result of such
examination. The examination papers and notes of the
committee shall be filed with the clerk and may there be
examined by the parties in interest, after the court has
approved the report.
 Any request for reevaluation of the answers and
the grades given should be made by the
examinee and the same should be addressed to
the court, which alone can validly act thereon.
2.32. Administration of oath
Sec. 17. Admission and oath of successful applicants —
An applicant who has passed the required examination, or
has been otherwise found to be entitled to admission to
the bar, shall take and subscribe before the Supreme Court
the corresponding oath of office.
 The oath is a prerequisite to the admission to
practice law and may only be taken before the SC
by a person authorized by the high tribunal to
engage in the practice of law.
 Tan v. Sabandal. The court may dent the
applicant’s petition to take the lawyer’s oath for
grave misconduct.
 Barba v. Pedro. Taking of oath may be deferred if
there is a pending complaint against him.
2.33. Issuance of certificates
Sec. 18. Certificate — The Supreme Court shall thereupon
admit the applicant as a member of the bar for all the
courts of the Philippines, and shall direct an order to be
entered to that effect upon its records, and that a
certificate of such record be given to him by the clerk of
court, which certificate shall be his authority to practice.
Sec. 19. Attorney's roll — The clerk of the Supreme Court
shall kept a roll of all attorneys admitted to practice, which
roll shall be signed by the person admitted when he
receives his certificate.
The roll is the official record containing the names and
signatures of those who are authorized to practice law.
 A lawyer is not authorized to use a name other
than the one inscribed in the roll.
2.34. Payment of IBP dues and privilege tax
 Compulsory with the obligation to support it
financially
Sec. 9. Membership dues — Every member of the
Integrated Bar shall pay such annual dues as the Board of
Governors shall determine with the approval of the
Supreme Court. A fixed sum equivalent to ten percent
(10%) of the collection from each Chapter shall be set
aside as a Welfare Fund for disabled members of the
Chapter and the compulsory heirs of deceased members
thereof.

Sec. 12. Grievance procedures — The Board of Governors

shall provide in the By-Laws for grievance procedures for
the enforcement and maintenance of discipline among all
the members of the Integrated Bar, but no action involving
the suspension or disbarment of a member or the removal
of his name from the Roll of Attorneys shall be effective
without the final approval of the Supreme Court.