Requirements “before

admission to the bar”

or for continuous
“practice of law”,
etc.
Problem Areas in Legal Ethics
Arellano University School of Law – Arellano Law Foundation
2016-2017

1
 What is practice of law?
• The Court ruled that the term “practice of law” implies
customarily or habitually holding oneself out to the
public as a lawyer for compensation as a source of
livelihood or in consideration of his services. The Court
further ruled that holding one’s self out as a lawyer
may be shown by acts indicative of that purpose, such as
identifying oneself as attorney, appearing in court in
representation of a client, or associating oneself as a
partner of a law office for the general practice of law.
- Atty. Noe-Lacsaman v. Atty. Busmente, A.C. No. 7269
[2011]

2
 What is practice of law?

• Any activity, in and out of court, that requires the

application of law, legal procedure, knowledge, training
and experience. Moreover, we ruled that to engage in the
practice of law is to perform those acts which are
characteristics of the profession; to practice law is to
give notice or render any kind of service, which device
or service requires the use in any degree of legal
knowledge or skill. - Query of Atty. Silverio-Buffe, A.M.
No. 08-6-352-RTC [2009]

3
 What is practice of law?
• The practice of law is not limited to the conduct of
cases or litigation in court; it embraces the preparation
of pleadings and other papers incident to actions and
special proceedings, the management of such actions and
proceedings on behalf of clients before judges and
courts, and in addition, conveyancing.
• In general, all advice to clients, and all action taken
for them in matters connected with the law xxx. - Aguirre
v. Rana, B. M. No. 1036. June 10, 2003

4
 Who may practice law?

• Section 1, Rule 138 of the Rules of Court provides:

Who may practice law. – Any person heretofore duly
admitted as a member of the bar, or thereafter admitted
as such in accordance with the provisions of this Rule,
and who is in good and regular standing, is entitled to
practice law.

5
 Passing the bar exam is not enough
• A bar candidate does not acquire the right to practice law
simply by passing the bar examinations. The practice of law
is a privilege that can be withheld even from one who has
passed the bar examinations, if the person seeking admission
had practiced law without a license.
• True, respondent here passed the 2000 Bar Examinations and
took the lawyer’s 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. Passing the bar is not the only
qualification to become an attorney-at-law. Respondent
should know that two essential requisites for becoming a
lawyer still had to be performed, namely: his lawyer’s oath
to be administered by this Court and his signature in the
Roll of Attorneys. – Aguirre v. Rana, B. M. No. 1036. June
10, 2003
6
 Signing of the Lawyer’s Oath is not
equivalent to “taking the oath”
• Respondent Abad should know that the circumstances which
he has narrated do not constitute his admission to the
Philippine Bar and the right to practice law thereafter.
He should know that two essential requisites for becoming
a lawyer still had to be performed, namely: his lawyer's
oath to be administered by this Court and his signature
in the Roll of Attorneys. (Rule 138, Secs. 17 and 19,
Rules of Court.) - Re: Elmo Abad, A. M. No. 139 [1983]

7
 Whether or not a lawyer is entitled to
exemption from payment of his IBP dues during
the time that he was inactive in the
practice of law
• Thus, payment of dues is a necessary consequence of
membership in the IBP, of which no one is exempt. This
means that the compulsory nature of payment of dues subsists
for as long as one’s membership in the IBP remains
regardless of the lack of practice of, or the type of
practice, the member is engaged in.
• There is nothing in the law or rules which allows exemption
from payment of membership dues. At most, as correctly
observed by the IBP, he could have informed the Secretary of
the Integrated Bar of his intention to stay abroad before he
left. In such case, his membership in the IBP could have
been terminated and his obligation to pay dues could have
been discontinued. - Letter of Atty. Cecilio Y. Arevalo Jr.
8
B.M. 1370 May 9, 2005
 Is IBP membership fee
a form of tax?

• For the court to prescribe dues to be paid by the members

does not mean that the Court is attempting to levy a tax.

• A membership fee in the Bar association is an exaction

for regulation, while tax purpose of a tax is a revenue.
If the judiciary has inherent power to regulate the Bar,
it follows that as an incident to regulation, it may
impose a membership fee for that purpose. It would not be
possible to put on an integrated Bar program without
means to defray the expenses. The doctrine of implied
powers necessarily carries with it the power to impose
such exaction. - Letter of Atty. Cecilio Y. Arevalo Jr.
B.M. 1370 May 9, 2005
9
There is no provision under the CPR which
prohibits the unauthorized practice of law

• CANON 9 - A lawyer shall not, directly or indirectly,

assist in the unauthorized practice of law.

• While a reading of Canon 9 appears to merely prohibit

lawyers from assisting in the unauthorized practice of
law, the unauthorized practice of law by the lawyer
himself is subsumed under this provision, because at the
heart of Canon 9 is the lawyer's duty to prevent the
unauthorized practice of law. - Petition to sign in the
Roll of Attorneys, Medado, B.M. No. 2540 [2013]

10
 Examples of unauthorized
practice of law

• In the cases where we found a party liable for the

unauthorized practice of law, the party was guilty of
some overt act like:
1. signing court pleadings on behalf of his client;
2. appearing before court hearings as an attorney;
3. manifesting before the court that he will practice law
despite being previously denied admission to the bar;
or
4. deliberately attempting to practice law and
5. holding out himself as an attorney through circulars
with full knowledge that he is not licensed to do so.
- Normatan & Pagayokan v. Balajadia, G.R. No. 169517
11
2006
 Pre-law requirements

• Rule 138 Sec. 6. Pre-Law. - No applicant for admission to

the bar examination shall be admitted unless he presents
a certificate that he has satisfied the Secretary of
Education that, before he began the study of law, he had
pursued and satisfactorily completed in an authorized and
recognized university or college, requiring for admission
thereto the completion of a four-year high school course,
the course of study prescribed therein for a bachelor's
degree in arts or sciences with any of the following
subjects as major or field of concentration: political
science, logic, english, spanish, history and economics.

12
 Violation of Rule 138 section 6
• “[b]y utilizing the school records of his cousin and
name-sake, Juan M. Publico when, in actual fact,
petitioner had not completed Grade VI of his elementary
schooling, much less, First and Second Year High
School.”
• For all the foregoing, we find and so hold that
respondent falsified his school records, by making it
appear that he had finished or completed Grade VI
elementary and First and Second Year high school, when in
truth and in fact he had not, thereby violating the
provisions of Sections 5 and 6, Rule 127 of the Rules of
Court, which require completion by a bar examinee or
candidate of the prescribed courses in elementary, high,
pre-law and law school, prior to his admission to the
practice of law. - In re: Juan Publico,Petition for
Reinstatement in the Roll of Attorneys
13 February 20, 1981
 Applicant should be ready to
present evidence of good moral
character
• When applicants seek admission to the bar, they
have placed their character at issue.
Therefore, the applicant bears the burden of
producing information proving good moral
character. - Mitchell Simon , Nick Smith and
Nicole Negowetti

14
 Grossly immoral act

• A grossly immoral act is one that is so corrupt and false

as to constitute a criminal act or so unprincipled or
disgraceful as to be reprehensible to a high degree. It
is a willful, flagrant, or shameless act which shows a
moral indifference to the opinion of respectable members
of the community. - Figueroa v. Barranco, Jr. SBC Case
No. 519 1997

15
 Is breach of promise to marry
gross immorality?
 Respondent was prevented from taking the lawyer’s oath in
1971 because of the charges of gross immorality made by
complainant. To recapitulate, respondent bore an
illegitimate child with his sweetheart, Patricia Figueroa,
who also claims that he did not fulfill his promise to marry
her after he passes the bar examinations.

 We find that these facts do not constitute gross immorality

warranting the permanent exclusion of respondent from the
legal profession. His engaging in premarital sexual
relations with complainant and promises to marry suggests a
doubtful moral character on his part but the same does not
constitute grossly immoral conduct. The Court has held that
to justify suspension or disbarment the act complained of
must not only be immoral, but grossly immoral. - Figueroa
v. Barranco, Jr. SBC Case No.16 519 1997
 Good moral character v.
Rehabilitation
• When an applicant for admission to the bar has committed
first-degree murder, a crime that demonstrates an extreme
lack of good moral character, he must make an extraordinary
showing of present good moral character to establish that he
or she is qualified to be admitted to the practice of law
xxx.
• To show rehabilitation, [one] must show that he has accepted
responsibility for his criminal conduct.
• Rehabilitation is a necessary, but not sufficient,
ingredient of good moral character of bar applicant who had
been convicted of a serious felony; applicant must establish
his current good moral character, independent of and in
addition to, evidence of rehabilitation. - In re: James
Joseph Hamm 123 P.3d 652 [2005]
17
 Rehabilitation is not enough

 Even assuming that [one] has established rehabilitation,

showing rehabilitation from criminal conduct does not, in
itself, establish good moral character.

 Rehabilitation is a necessary, but not sufficient,

ingredient of good moral character. An applicant must
establish his current good moral character, independent
of and in addition to, evidence of rehabilitation.

 Even assuming that he has established rehabilitation,

showing rehabilitation from criminal conduct does not, in
itself, establish good moral character. - In re: James
Joseph Hamm 123 P.3d 652 [2005]
18
 What is an“upright character”?

• 'Upright character' is something more than an absence of

bad character. It means that he [an applicant for
admission] must have conducted himself as a man of
upright character ordinarily would, should, or does.
Such character expresses itself not in negatives nor in
following the line of least resistance, but quite often
in the will to do the unpleasant thing if it is right,
and the resolve not to do the pleasant thing if it is
wrong. - In re: James Joseph Hamm 123 P.3d 652 [2005]

19
 Past and Present moral character

• We also agree with Hamm that, under the Rule applicable to

Hamm's application, our concern must be with the applicant's
present moral character. In Greenberg, we explained that "it
is [the applicant's] moral character as of now with which we
are concerned." xxx Past misconduct, however, is not
irrelevant. Rather, this Court must determine what past
bad acts reveal about an applicant's current character. - In
re: James Joseph Hamm 123 P.3d 652 [2005]

20
 Effect of prior criminal conviction

• “Although a prior conviction is not conclusive of a lack

of present good moral character, ... it adds to his
burden of establishing present good character by
requiring convincing proof of his full and complete
rehabilitation.”- In re: James Joseph Hamm 123 P.3d 652
[2005]

21
 Is poverty of litigant a justification
to engage in illegal practice of law?

• The defense of respondent that "his participation (sic) for

defendants' cause was gratuitous as they could not engage
the services of counsel by reason of poverty and the absence
of one in the locality" cannot, even if true, carry the day
for him, - Zeta v. Malinao, A.M. No. P-220, December 20,
1978

22
 Can a lawyer-detainee
practice law?

• As a matter of law, when a person indicted for an offense is

arrested, he is deemed placed under the custody of the law.
He is placed in actual restraint of liberty in jail so that
he may be bound to answer for the commission of the offense.
He must be detained in jail during the pendency of the case
against him, unless he is authorized by the court to be
released on bail or on recognizance. Let it be stressed that
all prisoners whether under preventive detention or serving
final sentence can not practice their profession nor engage
in any business or occupation, or hold office, elective or
appointive, while in detention. This is a necessary
consequence of arrest and detention. – PP v. Hon. Maceda and
Javellana G.R. No. 89591-96 January 24, 2000
23
 What is the effect of non-payment of
IBP dues?
• Rule 139-A, Section 10 which provides that "default in
the payment of annual dues for six months shall warrant
suspension of membership in the Integrated Bar, and
default in such payment for one year shall be a ground
for the removal of the name of the delinquent member from
the Roll of Attorneys.“ - Santos, Jr. V. Atty. Llamas
A.C No. 4749 [2000]

24
 Misrepresenting to the public and the
courts that he had paid his IBP dues
 By indicating "IBP-Rizal 259060" in his pleadings and
thereby misrepresenting to the public and the courts that he
had paid his IBP dues to the Rizal Chapter, respondent is
guilty of violating the Code of Professional Responsibility
which provides:
 Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
 CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND
DIGNITY OF THE LEGAL PROFESSION, AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.
 CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE
COURT.
 Rule 10.01 - A lawyer shall not do any falsehood, nor
consent to the doing of any court; nor shall he mislead or allow
the court to be misled by any artifice. - Santos, Jr. V. Atty.
Llamas A.C No. 4749 [2000]
25
Is a “senior citizen” lawyer exempted
from payment of ITR also exempted from
payment of IBP dues?

• While it is true that R.A. No. 7432, §4 grants senior

citizens "exemption from the payment of individual income
taxes: provided, that their annual taxable income does not
exceed the poverty level as determined by the National
Economic and Development Authority (NEDA) for that year,"
the exemption does not include payment of membership or
association dues. - Santos, Jr. V. Atty. Llamas A.C No. 4749
[2000]

26
 Intent is necessary to be guilty of
unauthorized practice of law

• In several cases, we have ruled that the unauthorized

practice of law by assuming to be an attorney and acting as
such without authority constitutes indirect contempt which
is punishable by fine or imprisonment or both. The
liability for the unauthorized practice of law under Section
3(e), Rule 71 of the Rules of Court is in the nature of
criminal contempt and the acts are punished because they are
an affront to the dignity and authority of the court, and
obstruct the orderly administration of justice. In
determining liability for criminal contempt, well-settled is
the rule that intent is a necessary element, and no one can
be punished unless the evidence makes it clear that he
intended to commit it. - Normatan & Pagayokan v. Balajadia,
G.R. No. 169517 2006
27
 Does giving up Philippine citizenship
automatically result into lost of
membership in the Philippine bar?

• The Constitution provides that the practice of all

professions in the Philippines shall be limited to Filipino
citizens save in cases prescribed by law. Since Filipino
citizenship is a requirement for admission to the bar, loss
thereof terminates membership in the Philippine bar and,
consequently, the privilege to engage in the practice of
law. In other words, the loss of Filipino citizenship ipso
jure terminates the privilege to practice law in the
Philippines. The practice of law is a privilege denied to
foreigners. - Petition for leave to resume practice of
law,Dacanay B.M. No. 1678 December 17, 2007

28
 May a lawyer who has lost his Filipino
citizenship still practice law in the
Philippines?

• The Constitution provides that the practice of all

professions in the Philippines shall be limited to Filipino
citizens save in cases prescribed by law. Since Filipino
citizenship is a requirement for admission to the bar, loss
thereof terminates membership in the Philippine bar and,
consequently, the privilege to engage in the practice of
law. In other words, the loss of Filipino citizenship ipso
jure terminates the privilege to practice law in the
Philippines. The practice of law is a privilege denied to
foreigners. - Petition for leave to resume practice of
law,Dacanay B.M. No. 1678 December 17, 2007

29
 Effect of reacquisition of
Filipino citizenship
• A Filipino lawyer who becomes a citizen of another country
and later re-acquires his Philippine citizenship under R.A.
No. 9225, remains to be a member of the Philippine Bar. –
Petition to reacquire the privilege to practice law in the
Philippines, Muneses, B.M. 2112 [2012]

30
 Requirements before one can resume
practice of law after reacquiring Filipino
citizenship
• Before a lawyer who reacquires Filipino citizenship pursuant
to RA 9225 can resume his law practice, he must first secure
from this Court the authority to do so, conditioned on:
(a) the updating and payment in full of the annual membership
dues in the IBP;
(b) the payment of professional tax;
(c) the completion of at least 36 credit hours of mandatory
continuing legal education; this is specially significant to
refresh the applicant/petitioner’s knowledge of Philippine
laws and update him of legal developments and
(d) the retaking of the lawyer’s oath which will not only
remind him of his duties and responsibilities as a lawyer
and as an officer of the Court, but also renew his pledge to
maintain allegiance to the Republic of the Philippines. –
Petition for leave to resume practice of 31
law, Dacanay B.M. No. 1678 December 17, 2007
What is the purpose for requiring the
retaking of Lawyer’s Oath?
• The retaking of the lawyer’s oath which will not only
remind him of his duties and responsibilities as a lawyer
and as an officer of the Court, but also renew his pledge
to maintain allegiance to the Republic of the
Philippines.

32
 Citizenship requirement in order to
practice law in the Philippines

• Constitution Art. 12 Section 14. xxx. The practice of all

professions in the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law.

33
 Requirements for all applicants for
admission to the bar

• Section 2, Rule 138 (Attorneys and Admission to Bar) of

the Rules of Court:

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 a 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.

34
 Continuing requirements to practice
law
• The second requisite for the practice of law ―
membership in good standing ― is a continuing
requirement. This means continued membership and,
concomitantly, payment of annual membership dues in the
IBP; payment of the annual professional tax; compliance
with the mandatory continuing legal education
requirement; faithful observance of the rules and ethics
of the legal profession and being continually subject to
judicial disciplinary control. -Petition for leave to
resume practice of law,Dacanay B.M. No. 1678 December 17,
2007

35
 Phases of admission to the bar

• Moreover, admission to the bar involves various phases

such as furnishing satisfactory proof of educational,
moral and other qualifications; passing the bar
examinations; taking the lawyer’s oath and signing the
roll of attorneys and receiving from the clerk of court
of this Court a certificate of the license to practice. -
Petition for leave to resume practice of law,Dacanay B.M.
No. 1678 December 17, 2007

36
Can a successful examinee take his oath
before any person allowed by law to
administer an oath?
• Rule 138 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.

• Inasmuch as the oath as lawyer is a prerequisite to the

practice of law and may be taken only, before the Supreme
Court, by those authorized by the latter to engage in such
practice xxx. – PP v. De Luna, et. al. G.R. Nos. L-10236-48.
January 31, 1958

37
 Section 2. Section 41 of the
Administrative Code of 1987 is hereby
amended to read as follows
Sec. 41. Officers Authorized to Administer Oath. - The
following officers have general authority to administer oaths:
• President;
• Vice-President;
• Members and Secretaries of both Houses of the Congress;
• Members of the Judiciary;
• Secretaries of Departments;
• provincial governors and lieutenant-governors;
• city mayors;
• municipal mayors;
• bureau directors;

38
…authorized to administer oath

• regional directors;
• clerks of courts;
• registrars of deeds;
• other civilian officers in the public service of the
government of the Philippines whose appointments are
vested in the President and are subject to confirmation
by the Commission on Appointments;
• all other constitutional officers;
• and notaries public."

39
 Duties of Attorneys
• Rule 138 section 20 - It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines;
(b) To observe and maintain the respect due to the courts of justice and judicial
officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be just,
and such defenses only as he believes to be honestly debatable under the law;
(d) To employ, for the purpose of maintaining the causes confided to him, such means only
as are consistent with truth and honor, and never seek to mislead the judge or any
judicial officer by an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the
secrets of his client, and to accept no compensation in connection with his client's
business except from him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the
honor or reputation of a party or witness, unless required by the justice of the cause
with which he is charged;
(g) Not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person may be deprived of life or
liberty, but by due process of law. 40
 What is a lawyer’s proof of authority
to practice of law?

• Rule 138 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.

41
• The presumption in favor of the counsels authority to appear in
behalf of a client is a strong one. A lawyer is not even required
to present a written authorization from the client. In fact, the
absence of a formal notice of entry of appearance will not
invalidate the acts performed by the counsel in his clients name.
However, the court, on its own initiative or on motion of the other
party require a lawyer to adduce authorization from the client.
• LAND BANK OF THE PHILIPPINES, G.R. No. 167886
• Petitioner,
• PAMINTUAN DEVELOPMENT
• CO., represented by MARIANO Promulgated:
• PAMINTUAN, JR., Respondent.
• October 25, 2005 42
 Failure to sign in the
Roll of Attorneys

• Petitioner did not sign in the Roll of Attorneys for 32

years. What he had signed at the entrance of the PICC was
probably just an attendance record.

• As Medado is not yet a full-fledged lawyer, we cannot

suspend him from the practice of law. However, we see it
fit to impose upon him a penalty akin to suspension by
allowing him to sign in the Roll of Attorneys one ( 1)
year after receipt of this Resolution. For his
transgression of the prohibition against the unauthorized
practice of law, we likewise see it fit to fine him in
the amount of P32,000. – Petition to sign in the Roll of
Attorneys, Medado, B.M. No. 2540 [2013]
43
 Certificate of Membership & Certificate of
Membership in Good Standing in IBP

• Certificate of Membership in the Integrated Bar of the

Philippines as well as a Certificate of Membership in Good
Standing with the Quezon City Chapter of the Integrated Bar
of the Philippines do not constitute his admission to the
Philippine Bar and the right to practice law thereafter. -
Re: Elmo Abad, A. M. No. 139 [1983]

44
 Requirements after flunking
the bar 3 times
• Sec. 16. Failing candidates to take review course. -
Candidates who have failed the bar examinations for three
times shall be disqualified from taking another
examination unless they show to the satisfaction of the
court that they have enrolled in and passed regular
fourth year review classes as well as attended a pre-bar
review course in a recognized law school.

The professors of the individual review subjects

attended by the candidates under this rule shall certify
under oath that the candidates have regularly attended
classes and passed the subjects under the same conditions
as ordinary students and the ratings obtained by them in
the particular subject. 45
 Authority to appear in behalf
of a client
• Sec. 21. Authority of attorney to appear. - An attorney
is presumed to be properly authorized to represent any
cause in which he appears, and no written “power of
attorney” is required to authorize him to appear in
court for his client, but the presiding judge may, on
motion of either party and on reasonable grounds therefor
being shown, require any attorney who assumes the right
to appear in a case to produce or prove the authority
under which he appears, and to disclose, whenever
pertinent to any issue, the name of the person who
employed him, and may thereupon make such order as
justice requires. An attorney wilfully appearing in court
for a person without being employed, unless by leave of
the court, may be punished for contempt as an officer of
the court who has misbehaved in his official
transactions. 46
 A “Counselor” is not an “Attorney”

• The title of "attorney" is reserved to those who, having

obtained the necessary degree in the study of law and
successfully taken the Bar Examinations, have been admitted
to the Integrated Bar of the Philippines and remain members
thereof in good standing; and it is they only who are
authorized to practice law in this jurisdiction.

• His disinclination to use the title of "counselor" does not

warrant his use of the title of attorney. - Alawi v. Alauya,
A.M. SDC-97-2-P. February 24, 1997

47
 Prohibited acts of an examinee
• Rule 138 Sec. 12. Committee of examiners. - Examinations shall
be conducted by a committee of bar examiners to be appointed by
the Supreme Court. This committee shall be composed of a
Justice of the Supreme Court, who shall act as chairman, and
who shall be designated by the court to serve for one year, and
eight members of the bar of the Philippines, who shall hold
office for a period of one year. The names of the members of
this committee shall be published in each volume of the
official reports.
• Rule 138 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 provision, 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 48
the court.
 Requirements after flunking
the bar 3 times
• Enrollment and completion of pre-bar review course is an
additional requirement under Rule 138 of the Rules of
Court for those who failed the bar examinations for three
(3) or more times. - In re: Purisima, B.M. Nos. 979 and
986 [2002]

49
 Can an “indefinite suspension” from the
practice of law prohibit a lawyer from
filing a citizen or taxpayer suit?
• Petitioner Alan F. Paguia (petitioner), as citizen and
taxpayer, filed this original action for the writ of
certiorari to invalidate President Gloria Macapagal-
Arroyo’s nomination of respondent former Chief Justice
Hilario G. Davide, Jr. (respondent Davide) as Permanent
Representative to the United Nations (UN) for violation
of Section 23 of Republic Act No. 7157 (RA 7157), the
Philippine Foreign Service Act of 1991.
• In their separate Comments, respondent Davide, the Office
of the President, and the Secretary of Foreign Affairs
(respondents) raise threshold issues against the
petition. First, they question petitioner’s standing to
bring this suit because of his indefinite suspension from
the practice of law. 50
• An incapacity to bring legal actions peculiar to
petitioner also obtains. Petitioner’s suspension from
the practice of law bars him from performing “any
activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training
and experience.” Certainly, preparing a petition raising
carefully crafted arguments on equal protection grounds
and employing highly legalistic rules of statutory
construction to parse Section 23 of RA 7157 falls within
the proscribed conduct. - Paguia v. Office of the
President, G.R. No. 176278 [2010]

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Thank you for your
attention!!

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 Good cause for exemption from
(MCLE) or modification of
requirement B.M. 850
• Rule 7 Section 3. Good cause for exemption from or
modification of requirement
• A member may file a verified request setting forth
good cause for exemption (such as physical
disability, illness, post graduate study abroad, proven
expertise in law, etc.) from compliance with or
modification of any of the requirements, including an
extension of time for compliance, in accordance with
a procedure to be established by the MCLE
Committee.
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 Failure to comply with the requirements of
the Mandatory Continuing Legal Education
(MCLE) under Bar Matter No. 850.
• In a letter, dated 15 March 2013, Atty. Samuel B.
Amado (complainant) called the attention of this
Court to the practice of respondent of indicating
"MCLE application for exemption under process" in
his pleadings filed in 2009, 2010, 2011, and 2012,
and "MCLE Application for Exemption for
Reconsideration" in a pleading filed in 2012.

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