INTRODUCTION TO LEGAL PROFESSION

Supervision & Control of the Legal Profession

1. Const. Art. VIII, sec. 5(5): The Supreme Court shall have the following powers: xxx (5)
Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice and procedure in all courts, the admission to the practice of law, the integrated bar,
and legal assistance to the under-privileged.
2. In Re Cunanan 1954, Congress has no power to regulate the bar or admission to practice. But in
the exercise of police power it may enact laws regulating the practice of law to protect the
public.

THE PRACTICE OF LAW

Definition of the practice of law (2005, 1995)

a. Case about the definition of the practice of law
Q: Atty. Yabang was suspended as a member of the Bar for period of one (1) year. During the
period of suspension, he was permitted by his law firm to continue working in their office,
drafting and preparing pleadings and other legal documents, but was not allowed to come into
direct contact with the firms’ clients. Atty. Yabang was subsequently sued for illegal practice of
law. Would the case prosper? Explain. (2005 Bar)

A: Yes. The Supreme Court has defined the practice of law as 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 (Cayetano vs. Monsod, 201 SCRA 210 [1991]). Based on this
definition, the acts of Atty. Yabang of preparing pleadings and other legal documents would
constitute practice of law. More so, if his activities are for the benefit of his law firm, because
the employment of a law firm is the employment of all the members thereof. The case against
him will prosper.

In the case of Cayetano v. Monsod, the Supreme Court provides that the practice of law is any activity,
in or out of court, which requires the application of law, legal procedure, knowledge, training and
experience. It 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.

b. Case about a corporation cannot engage in the practice of law

A corporation cannot engage in the practice of law even by hiring lawyers to perform legal work.
It has been held that only a natural person can engage in the practice of law. A lawyer is
burdened with peculiar duties and responsibilities. A corporation cannot take an oath of office,
be an officer of the court or subjected to court discipline: it cannot engage in law practice
directly, it cannot evade the requirements by employing competent lawyers to practice for it.
 (Matter of Cooperative Law Co., N.Y. 579). Hence, LEGALCARE cannot be legally incorporated
because the principal purpose involves the practice of law.

Practice of law is a privilege, not a right

Q: Is the practice of law a right or a privilege? Discuss fully. (1995 Bar)
A: The practice of law is basically a privilege because it is limited to persons of good moral
character with special qualifications duly ascertained and certified. (5 Am. Jur. 270) Thus, only
those persons are allowed to practice law, who by reason of attainments previously acquired
through education and study, have been recognized by the courts as possessing profound
knowledge of legal science. Attorneys are the court’s constituency - to aid it in the administration
of justice. (Dodge v. State, 38 NE 745)

Law as a profession, not a business or trade (2015, 2013, 2006, 1997)

Q: Why is law a profession and not a trade? (2006 Bar)
A: Law is a profession and not a trade because its basic ideal is to render public service and
secure justice for those who seek its aid. The gaining of a livelihood is only a secondary
consideration.

Lawyering is not a business; it is a profession in which duty to public service, not money, is the
primary consideration. [Burbe vs Magulta, (2002)]

a. CASE ABOUT A LAWYER GETTING PART OF THE BUSINESS

Q: You are the managing partner of a law firm. A new foreign airline company, recently
granted rights by the Civil Aeronautics Board at the NAIA, is scouting for a law firm which
could handle its cases in the Philippines and provide legal services to the company and its
personnel. After discussing with you the extent of the legal services your law firm is prepared
to render, the general manager gives you a letter-proposal from another law firm in which its
time-billing rates and professional fees for various legal services are indicated. You are asked
to submit a similar letter proposal stating your firm's proposed fees. The airline company's
general manager also tells you that, if your proposed fees would at least be 25 per cent lower
than those proposed by the other firm, you will get the company's legal business. How would
you react to the suggestion? (1997 Bar)

A: I will emphasize to the General Manager that the practice of law is a profession and not a
trade. Consequently, I will not propose a lower fee just for the sake of competing with another
firm. Because such practice smacks of commercialism. Moreover, Rule 2. 04 of the Code of
Professional Responsibility provides that a lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant. I will charge fees that will be
reasonable under the circumstances.

b. A LAWYER COMBINED ALL HIS BUSINESSES IN ONE ENTITY

 Q: As a new lawyer, Attorney Novato started with a practice limited to small claims cases,
legal counseling, and notarization of documents. He put up a solo practice law office and
was assisted by his wife who served as his secretary/helper. He used a makeshift hut in a
vacant lot near the local courts and a local transport regulatory agency. With this strategic
location, he enjoyed heavy patronage assisting walk-in clients in the preparation and filing
of pleadings and in the preparation and notarization of contracts and documents, and
charges a reasonable fee for the service. He draws electric power from an extension wire
connected to an adjoining small restaurant. He put up a shingle that reads: “Atty. Novato,
Specialist in Small Claims, Fastest in Notarization; the Be stand Cheapest in Copier
Services.” Is Atty. Novato’s manner of carrying out his professional practice –i.e., mixing
business with the practice of law, announcing his activities via a shingle and locating his
office as above-described – in keeping with appropriate ethical and professional practice?
(2013 Bar)

A: No. Atty. Novato’s manner of carrying out his professional practice is not in keeping with
appropriate ethical and professional practice. He has degraded the law profession, which may
result to loss of respect to lawyers as a whole. The use of a makeshift hut standing alone would
create the impression that the lawyer does not have a permanent address which is required to
be stated in all pleadings he signs as well as required to be shown in documents he notarizes. His
shingle shows that he has considered the law profession as a business. He should have a
separate shingle for his copier services business. When he included in his shingle the phrases
“Specialist in Small Claims” and “Fastest in Notarization,” he has transgressed the rule that a
lawyer in making known his legal services shall use only dignified information or statement of
facts (Code of Professional Responsibility, Canon 3). So also the norm that a lawyer shall not use
or permit the use of any misleading, undignified, selflaudatory or unfair statement or claim
regarding his qualifications or legal services (Ibid., Canon 3, Rule 3.01). The use of the phrases
“Specialist in Small Claims” and “Fastest in Notarization” is misleading advertisement because
they are likely to create an unjustified expectation about the results the lawyer can achieve or
implies that the lawyer can achieve results by improper means (ABA Model Rule 7.1.b).

C. Q: Cite some of the characteristics of the legal profession which distinguish it from business.
(2015 Bar)

A: The primary characteristics which distinguish the legal profession from a business are:

1. a duty of public service of which emolument is a byproduct and in which one may attain the
highest eminence without making much money;

2. a relation as officer of the court to the administration of justice involving thorough sincerity,
integrity and reliability;

3. a relation to client in the highest degree fiduciary;

4. a relation to colleagues characterized by candor, fairness and unwillingness to resort to
current

4. ADMISSION TO PRACTICE OF LAW

A. QUALIFICATIONS
Rules of Court, Rule 138, Sec. 1. Any person duly admitted as a member of the bar or
hereafter admitted as such in accordance with the provisions of this rule and who is in
good and regular standing is entitled to practice law.

General Rule: Members of the Bar

Exceptions:
(1) Law students
(2) By an agent/friend
(3) By the litigant himself

REQUIREMENTS FOR ADMISSION TO PRACTICE [CRAGEBO]

Section 2. Requirements for all applicants for admission to the bar. — Every applicant for admission as a
member of the bar must be a (1) citizen of the Philippines, (2) at least twenty-one years of age, (3) of good
moral character, and (4) resident of the Philippines; and must produce before the Supreme Court
satisfactory evidence of good moral character, and that (5) no charges against him, involving moral
turpitude, have been filed or are pending in any court in the Philippines.

Section 5. Additional requirements for other applicants. — All applicants for admission other than those
referred to in the two preceding section 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.

(1) Citizenship
(2) Residence
(3) Age (above 21 y/o)
(4) Good Moral Character and no charges involving moral
turpitude
(5) Legal Education (pre-law, law proper)
(6) Bar Examinations
(7) Lawyer’s Oath

PROCEDURES FOR THE FILING OF THE APPLICATION TO TAKE THE BAR EXAMINATIONS:

Section 7. Time for filing proof of qualifications. — All applicants for admission shall file with the clerk of the
Supreme Court the evidence required by section 2 of this rule at least fifteen (15) days before the beginning
of the examination. If not embraced within section 3 and 4 of this rule they shall also file within the same
period the affidavit and certificate required by section 5, and if embraced within sections 3 and 4 they shall
exhibit a license evidencing the fact of their admission to practice, satisfactory evidence that the same has
not been revoked, and certificates as to their professional standing. Applicants shall also file at the same
time their own affidavits as to their age, residence, and citizenship.
Section 8. Notice of Applications. — Notice of applications for admission shall be published by the clerk of
the Supreme Court in newspapers published in Pilipino, English and Spanish, for at least ten (10) days before
the beginning of the examination.

Note: Details are promulgated by the SC yearly.

Section 9. Examination; subjects.(bar subjects) —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).

1. Citizenship
Statutory Basis
1987 Const. Art. XII, Sec. 14. The practice of all professions in the Phils. shall be
limited to Filipino citizens save in cases prescribed by law.

Rules of Court, Rule 138, Sec. 2. Every applicant for admission as a member of the
bar must be a citizen of the Phils.
Rationale: Citizenship ensures allegiance to the Republic and its laws.

A. The loss of Filipino citizenship ipso jure terminates the privilege to practice law
in the Philippines except when citizenship is lost by reason of naturalization and
reacquired through RA 9225. [Petition to Resume Practice of Law of Benjamin
Dacanay, (2007)]

A Filipino lawyer who has lost and reacquired his citizenship under R.A. No. 9225 is
deemed not to have lost his Philippine citizenship. However, he still needs to apply
with the Supreme Court for a license or permit to engage in such practice after
compliance with the following:
(1) Updating and payment of annual membership dues in the IBP
(2) Payment of professional tax
(3) Completion of 36 hours of mandatory continuing legal education
(4) Retaking of the lawyer’s oath [Sec. 5(4), R.A. No. 9225].

2. Residence
ROC, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must
be… a resident of the Philippines.
Rationale: His/her duties to his client and to the court will require that he be readily
accessible and available.

3. Age
ROC, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must
be … at least 21 years of age…
 Rationale: Maturity and discretion are required in the practice of law.

4. Good Moral Character

ROC, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must
be … of good moral character… and must produce before the SC 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.

Good moral character is a continuing qualification required of every member of the

Bar, it is not only a qualification precedent to the practice of law. [Narag v. Narag,
(1998)]

5. Law Proper
Rules of Court, Rule 138, Sec. 5 and 6.
All applicants for admission… 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 applicant must have completed the following courses:

(1) Civil Law
(2) Commercial Law
(3) Remedial Law
(4) Public International Law
(5) Private International Law
(6) Political Law
(7) Labor and Social Legislation
(8) Medical Jurisprudence
(9) Taxation
(10) Legal Ethics
 Graduates of foreign law schools are allowed to take the bar examinations provided
they show the ff: (1) Completion of all courses leading to the degree of Bachelor of
Laws or its equivalent degree (2) Recognition or accreditation of the law school by
the proper authority (3) Completion of all the fourth year subjects in a law school
duly recognized by the Philippine Government [SC Bar Matter 1153: Re: Letter of
Atty. Estelito Mendoza (2010)]

B. Bar Examinations
1. When to file for permit
Rules of Court, Rule 138, Sec. 7 –
At least 15 days before the beginning of the examination. Applicants must submit
affidavits of age, residence, citizenship, legal education.

2. Notice
Rules of Court, Rule 138, Sec. 8 – Notice of applications for admission shall be
published by the clerk of the SC in newspapers published in Filipino English and
Spanish for at least 10 days before the beginning of the examination.

3. Conduct of Examinations
Rules of Court, Rule 138, Sec. 10 – Questions will be in English or Spanish, to be
answered in writing by examines. No oral examinations. If penmanship is poor, SC
may allow upon verified application the use of a noiseless typewriter. Committee
will take all precautions to prevent the substitution of papers or commission of
other frauds.

4. Who makes the Exam

Rules of Court, Rule 138, Sec. 12 - One member of the SC acts as Chairman, plus
eight members of the bar who act as examiners who hold office for one year.

Beginning in 2009, there will be two examiners per subject. The Bar Confidant acts
as a sort of liaison officer between the court and the Bar Chairman on the other
hand, and the individual members of the committee on the other. He is at the same
time a deputy clerk of court. The names of the members of this committee shall be
published in each volume of the official reports.

5. Results
Rules of Court, Rule 138, Sec. 15 – Committee must file its report on the results not
later than February 15th after the examination or as soon thereafter as may be
practicable.

6. Flunkers Rule 138, Sec. 16 – Retakers must apply again. Candidates who have failed
the bar examinations for three times shall be disqualified from taking another
 examination unless they show proof of reenrollment and successful completion of
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 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.

7. Discipline

Rule 138, Sec. 13 - No candidate shall endeavor to influence any member of the
committee. During examination the candidates shall not communicate with each
other and shall not give or receive any assistance.

Violators will be punished by disqualification, counted as a failure. Further

disciplinary action, including permanent disqualification, may be taken in the
discretion of the court. The requirements for ‘good and regular standing’ are:
(1) Membership in the IBP
(2) Payment of IBP dues
(3) Payment of professional tax
(4) Compliance with the MCLE
(5) Good moral character

8. Passing the bar exam as civil service eligibility. – First grade civil service eligibility
for any position Second grade civil service eligibility for position which does not
prescribe proficiency in law

CASE: Qualifications for admission to the Bar (2004, 2013, 1997, 2005) GOOD MORAL CHARACTER

Q: Upon learning from newspaper reports that bar candidate Vic Pugote passed the bar examinations.
Miss Adorable immediately lodged a complaint with the Supreme Court, praying that Vic Pugote be
disallowed from taking the oath as a member of the Philippine Bar because he was maintaining illicit
sexual relations with several women other than his lawfully wedded spouse. However, from
unexplained reasons, he succeeded to take his oath as a lawyer. Later, when confronted with Miss
Adorable’s complaint formally, Pugote moved for its dismissal on the ground that it is already moot and
academic. Should Miss Adorable’s complaint be dismissed or not? Explain briefly. (2004 Bar)

A: It should not be dismissed. Her charge involves a matter of good moral character which is not only a
requisite for admission to the Bar, but also a continuing condition for remaining a member of the Bar. As
such, the admission of Vic Pugote to the Bar does not render the question moot and academic.
ROC, Rule 138, Sec. 2. Every applicant for admission as a member of the bar must be … of good moral
character… and must produce before the SC 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.

Good moral character is a continuing qualification required of every member of the Bar, it is not only a
qualification precedent to the practice of law. [Narag v. Narag, (1998)]

CASE: Qualifications for admission to the Bar (2004, 2013, 1997, 2005) GOOD MORAL CHARACTER

Q: Miguel Jactar, a fourth year law student, drove his vehicle recklessly and hit the rear bumper of
Simplicio Medroso’s vehicle. Instead of stopping, Jactar accelerated and sped away. Medroso pursued
Jactar and caught up with him at an intersection. In their confrontation, Jactar dared Medroso to sue,
bragged about his connections with the courts, and even uttered veiled threats against Medroso.
During the police investigation that followed, Medroso learned that Jactar was reviewing for the Bar
examinations. Under these facts, list and justify the potential objections that can be made against
Jactar’s admission to the practice of law. (2013 Bar)

A: The potential objection that can be made against Jactar’s admission to the practice of law is the
absence of good moral character (Rules of Court, Rule 138, Sec. 2).

Jactar’s bragging about his connection with the courts and uttering veiled threats against Medroso are
indications of his lack of good moral character. His acts are contrary to justice, honesty, modesty or good
morals (In re Basa, 41 Phil. 276). He has acted in a manner that has violated the private and social duties
which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary
rule of right and duty between man and man (Tak Ng v. Republic, G.R. No. L-13017, 106 Phil. 730,
December 23, 1959). NOTE: Any answer which explains the nature of absence of good moral character
should be given full credit. The following additional objection should not result to a deduction nor should
an absence of the additional objection also result to a deduction. a. If light threats would be filed against
him, then another potential objection would be the pendency of charges against him, involving moral
turpitude (Rules of Court, Rule 138, Sec. 2)

CASE: Qualifications for admission to the Bar (2004, 2013, 1997, 2005) concealment of an attorney in
his application to take the bar examinations of the fact that he had been charged with, or indicted for,
an alleged crime

Q: Prior to his admission to the freshman year in a reputable law school, bar examinee A was charged
before the Municipal Trial Court with damage to property through reckless imprudence for
accidentally sideswiping a parked jeepney. The case was amicably settled with A agreeing to pay the
claim of the jeepney owner for P1,000.00. In his application to take the 1997 Bar Examinations, A did
not disclose the above incident. Is he qualified to take the Bar Examinations? (1997, 2005 Bar)
A: Rule 7.01 of the Code of Professional Responsibility provides that “a lawyer shall be answerable for
knowingly making a false statement or suppressing a material fact in connection with his application for
admission to the bar”.

In the case of In re: Ramon Galang, 66 SCRA 245, the respondent repeatedly omitted to make mention of
the fact that there was a pending criminal case for slight physical injuries against him in all four (4)
applications for admission to take the bar examinations. He was found to have fraudulently concealed
and withheld such fact from the Supreme Court and committed perjury.

The Supreme Court cited the rule that “the concealment of an attorney in his application to take the bar
examinations of the fact that he had been charged with, or indicted for, an alleged crime, is a ground for
revocation of his license to practice law.”

A’s failure to disclose that he had been charged with damage to property through reckless imprudence in
his application for admission to the bar examinations disqualifies him. It does not matter that the offense
charged does not involve moral turpitude or has been amicably settled. When the applicant concealed a
charge of a crime against him but which crime does not involve moral turpitude, this concealment
nevertheless will be taken against him. It is the fact of concealment and not the commission of the crime
itself that makes him morally unfit to become a lawyer (In re: Ramon Galang, A.C. No. 1163, August 29,
1975).

Q: Does the legislature have the power to regulate admission to the bar and the practice of law?
Discuss fully. (1995 Bar)

A: Congress under the 1987 Constitution has no power to regulate admission to the Bar and the practice
of law.

Unlike the 1935 and 1973 Constitutions, the 1987 Constitution no longer provides for the power of the
legislature to repeal, alter and supplement the rules promulgated by the Supreme Court. Under the
1935 Constitution, the legislature had the power to repeal, alter the rules promulgated by the Supreme
Court although the power and the responsibility to admit members of the bar resides in the Supreme
Court. (See In Re: Cunanan, 50 OG 1602)

Under the 1987 Constitution however, the Supreme Court has the exclusive power to promulgate rules
concerning the enforcement of rights, pleadings and practice and procedures of all courts and the
admission to the practice of law. (See Art. 8. Section 5, subpar. 3-5).).

APPEARANCE OF NON-LAWYERS
1. LAW STUDENT PRACTICE
Rules of Court, Rule 138-A
Section 1. Conditions for student practice. — A law student who has successfully completed his
3rd year of the regular four-year prescribed law curriculum and is enrolled in a recognized law
school's clinical legal education program approved by the Supreme Court, may appear without
compensation in any civil, criminal or administrative case before any trial court, tribunal, board
or officer, to represent indigent clients accepted by the legal clinic of the law school.
Section 2. Appearance. — The appearance of the law student authorized by this rule, shall be
under the direct supervision and control of a member of the Integrated Bar of the Philippines
duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other
papers to be filed, must be signed by the supervising attorney for and in behalf of the legal
clinic.

Rules of Court, Rule 138-A, Section 3. Privileged communications. —

The Rules safeguarding privileged communications between attorney and client shall apply to
similar communications made to or received by the law student, acting for the legal clinic.

Rules of Court, Rule 138-A, Section 4. Standards of conduct and supervision. — The law
student shall comply with the standards of professional conduct governing members of the Bar.
Failure of an attorney to provide adequate supervision of student practice may be a ground for
disciplinary action. [Circular No. 19, dated December 19, 1986].

Rules of Court, Rule 138, Section. 34. A law student may appear in his personal capacity
without the supervision of a lawyer in inferior courts. A law student may appear before an
inferior court as an agent or friend of a party without the supervision of a member of the bar.
[Cruz v. Mina (2007)]

CASE: Law student practice rule (Rule 18-A) (2009, 2006)

Q1: Enumerate the instances when a law student may appear in court as counsel for a litigant.
(2006 Bar)

A:
a. Under the Student Practice Rule, a law student who has successfully completed his third year
of the regular four-year prescribed law curriculum and is enrolled in a recognized law school’s
clinical legal education program approved by the Supreme court, may appear without
compensation in any civil, criminal or administrative case before any trial court, tribunal, board
or officer, to represent indigent clients accepted by the legal clinic of the law school, under the
direct supervision and control of a member of the Integrated Bar of the Philippines if he appears
in a Regional Trial Court, and without such supervision if he appears in an inferior court (Bar
Matter 730, June 10, 1997);

b. When he appears as an agent or friend of a litigant in an inferior court (Sec. 34, Rule 138,
Revised Rules of Court);

c. When he is authorized by law to appear for the Government of the Philippines (Sec. 33, Rule
138, Revised Rules of Court);
d. In remote municipalities where members of the bar are not available, the judge of an inferior
court may appoint a non-lawyer who is a resident the province and of good repute for probity
and ability, to aid the defendant in his defense (Sec. 4, Rule 116, Revised Rules of Court);

e. A law student may appear before the National Labor Relations Commission or any Labor
Arbiter if
(a) he represents himself, as a party to the case,
(b) he represents an organization or its members with written authorization from them, or
(c) he is a duly-accredited member of any legal aid office duly recognized by the Department of
Justice or the Integrated Bar of the Philippines in cases referred to by the latter (Art. 222, Labor
Code; Kanlaon Construction Enterprises Co., Inc. v. NLRC, 279 SCRA 337 [1997]); f. Under the
Cadastral Act, a non-lawyer may represent a claimant before the Cadastral Court (Sec. 8, Act No.
2250).

Q: What is the student practice rule? (2009 Bar)

A: The Student Practice Rule (Rule 138-A) is the Rule authorizing a law student who has
successfully completed his 3rd year of the regular four-year prescribed law curriculum and is
enrolled in a recognized law school’s clinical legal education program approved by the Supreme
Court, to appear without compensation in any civil, criminal or administrative case before any
trial court, tribunal or board or officer, to represent indigent clients accepted by the legal clinic
of the law school, under the direct supervision and control of a member of the IBP accredited by
the law school.

Q: Generally, only those who are members of the bar can appear in court. Are there
exceptions to this rule? Explain (1996 Bar)

Answer:
The exceptions to the rule that only those who are members of the bar can appear in court are
the following:
a. In the municipal trial court, a party may conduct his litigation in person or with the aid of an
agent or friend (Sec. 34. Rule 138).

b. In any other court, a party may conduct his litigation personally (id.)

c. In criminal proceedings before a municipal trial court in a locality where a duly licensed
member of the bar is not available, the court may in its discretion admit or assign a person,
resident of the province and of good repute for probity and ability, to aid the defendant in his
defense, although the person so assigned is not a duly authorized member of the bar (Sec. 4.
Rule 116).

d. Any official or other person appointed or designated in accordance with law to appear for the
Government of the Philippines shall have all the rights of a duly authorized member of the bar to
appear in any case in which said government has an interest direct or indirect (Sec. 33. Rule
138).

e. A senior law student who is enrolled in a recognized law school’s clinical education program
approved by the Supreme Court may appear before any court without compensation to
represent indigent clients accepted by the Legal Clinic of the law school (Rule 138- A).

f. Non-lawyers may appear before the NLRC or any Labor Arbiter if they represent themselves or
their labor organization or members thereof (Art. 222, Labor Code).

g. Under the Cadastral Act, a non-lawyer can rep-resent a claimant before the Cadastral Court
(Sec. 9. Act. 2259).

Q: A, a mere high school graduate, with the aid of a friend who is a college undergraduate,
filed a complaint for recovery of a sum of money in the amount of Four Thousand (P4, 000.00)
Pesos in the Metropolitan Trial Court of his town. The Clerk of Court told A that his complaint
might be dismissed for insufficiency as to form because neither he nor his friend who is
assisting him is a lawyer. Is the Clerk of Court correct? (1999 Bar)

A: The Clerk of Court is not correct. In the Justice of the Peace courts (now known as Municipal
Trial Court or Municipal Circuit Trial Courts or Metropolitan Trial Court), 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 attorney. (Sec. 34, Rule 138, Rules of Court)

Q: A, a law graduate but has not passed the bar examination, filed a Complaint in the Regional
Trial Court for recovery of Fifty Thousand (P50, 000.00) Pesos owed him by B. At the hearing of
the case after Answer was filed, A appeared by himself alone and without counsel to
prosecute his case. The defendant pointed out to the Court that A was not a member of the
bar and suggested that for his own protection, A should engage the services of a counsel duly
accredited as a member of the Bar. The Judge intimated his willingness to reset the hearing of
the case to another day to enable plaintiff to engage the services of counsel. Plaintiff replied
he could manage to prosecute his own case, it being but a simple case for collection of sum of
money. If you were the Judge, will you allow A to continue prosecuting his case by himself
alone? (1999 Bar)

A: Yes. Section 34, Rule 138 of the Rules of Court provides that in a Regional Trial Court, a party
may conduct his litigation personally or by aid of an attorney, and his appearance must be either
personal or by a duly authorized member of the bar. Hence, if I were the Judge, I will allow A to
continue prosecuting his case alone, but I will warn him about the risks involved in his doing so
because of his lack of knowledge of law and legal procedure.

Non-lawyers in administrative tribunals

 Q: Raul Catapang, a law graduate and vice-president for labor relations of XYZ Labor Union,
entered his appearance as representative of a member of the union before the Labor Arbiter
in a case for illegal dismissal, unpaid wages and overtime pay. Counsel for the Company
objected to Raul’s appearance and moved for his disqualification on the ground that he is not
a lawyer. If you were the Labor Arbiter, how would you resolve the motion? Why? (2002 Bar)

A: I will deny the motion to disqualify Raul. Article 222 of the Labor Code authorizes non-lawyers
to appear before the National Labor Relations Commission or any Labor Arbiter in
representation of their organization or members thereof.

2. NON-LAWYERS IN COURTS
A. Agent or Friend Rules of Court,
Rule 138, Sec. 34. In such cases, no attorney client relationship exists; not habitual.

An agent is usually appointed or a friend chosen in a locality where a licensed member of the
bar is not available.

Civil case - a party in a civil suit may conduct his litigation either personally or with the aid of an
attorney unless the party is a juridical person. Allowed in MTC, RTC, appellate court.

Criminal case - in a locality where a lawyer is unavailable, a judge may appoint a non-lawyer
who is a resident of the province, and of good repute for probity and ability to defend the
accused. Allowed up to MTC-level only.

Appearance as law student v. appearance as agent/friend. –

Appearance of a non-lawyer is allowed in inferior courts, irrespective of whether or not he is a
law student.

As succinctly clarified in Bar Matter No. 730, by virtue of Section 34, Rule 138, a law student
may appear, as an agent or a friend of a party litigant, without the supervision of a lawyer
before inferior courts. [Cruz v. Mina, (2007)]

B. Self-representation
Rules of Court, Rule 138, Sec. 34. By whom litigation conducted.

In the court of a municipality 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 attorney. In any
other court, a party may conduct his litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly authorized member of the bar.
 Rules of Court, Rule 115, Sec. 1 (c) provides that an accused may waive his right to counsel
but if he cannot protect his rights without the assistance of a counsel, the Court should
advise him to secure a counsel de parte or appoint a counsel de officio to represent him.

Right To Counsel: Absolute and immutable, however, the trial court (TC) may restrict his
option to retain a counsel de parte if:
(1) the accused insists on an attorney he cannot afford
(2) chosen counsel is not a lawyer or
(3) the attorney declines to represent the accused for a valid reason, in which case the TC
will appoint his counsel de officio to represent him.

Counsel de officio - A counsel, appointed or assigned by the court, from among members of
the Bar in good standing who, by reason of their experience and ability, may adequately
defend the accused

Counsel de parte - A counsel employed or retained by the party, or the accused.

3. NON-LAWYERS IN ADMINISTRATIVE TRIBUNALS

Appearance of non-lawyers in administrative tribunals (e.g. NLRC, cadastral court) is allowed but
only if they represent themselves, their organization or its members.

Limitations
(1) Non-adversarial contentions
(2) Not habitually rendered
(3) Not charge for payment.

PROCEEDINGS WHERE LAWYERS ARE PROHIBITED FROM APPEARING

Small Claims Cases
Rules of Procedure for Small Claims Cases, AM No.08-8-7, Sec. 17.
Appearance of Attorneys Not Allowed. — No attorney shall appear in behalf of or represent a
party at the hearing, unless the attorney is the plaintiff or defendant.

Katarungang Pambarangay RA 7160, Sec. 415. In all katarungang pambarangay proceedings the
parties must appear in person without the assistance of counsel or representative except for
minors and incompetents who may be assisted by their next of kin who are not lawyers.

SANCTIONS FOR PRACTICE OR APPEARANCE WITHOUT AUTHORITY

(1) Lawyers without authority
(2) Persons not lawyers
 Shari’a Bar passers are not full-fledged Philippine Bar members so they may only practice
before Shari’a courts. Both are counselors, but only the latter is an “attorney.” [Alawi v. Alauya,
(1997)]

REMEDIES AGAINST UNAUTHORIZED PRACTICE

(1) Petition for Injunction
(2) Declaratory Relief

4. PUBLIC OFFICIALS AND PRACTICE OF LAW

PROHIBITION OR DISQUALIFICATION OF FORMER GOVERNMENT ATTORNEYS

Section 7 of R.A. No. 6713 generally provides for the prohibited acts and transactions of public
officials and employees.
Subsection (b)(2) prohibits them from engaging in the private practice of their profession during
their incumbency. As an exception, a public official or employee can engage in the practice of his
or her profession under the following conditions: first, the private practice is authorized by the
Constitution or by the law; and second, the practice will not conflict or tend to conflict with his
or her official functions.

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW OR WITH RESTRICTIONS

Absolute Prohibition
(1) Judges and other officials as SC employees [Rule 148, Sec. 35]
(2) OSG officials and employees
(3) Gov’t. prosecutors [People v. Villanueva]
(4) Pres., VP, cabinet members, their deputies and assistants, [Const., Art. VIII Sec. 15] (5)
Constitutional Commissions Chairmen and Members [Const. Art. IX-A, Sec. 2]
(6) Ombudsman and his deputies [Const., Art. IX, Sec. 8, par. 2]
(7) All governors, city and municipal mayors [R.A. No. 7160, Sec. 90]
(8) Those who, by special law, are prohibited from engaging in the practice of their legal
profession

Relative Prohibition
(1) Senators and House of Representatives members (prohibition to appear) [Const. Art VI, Sec.
14]
(2) Sanggunian Members [RA No. 7160, Sec. 91]

Special Restrictions
Retired judges [RA 910, Sec. 1, as amended] A retired justice or judge receiving a pension from
the Government cannot act as counsel in any civil case in which the Government or any of its
subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee
of the Gov’t. is accused of an offense in relation to his office. [R.A. No. 910]
CASE: Prohibition or disqualification of former government attorneys

Q: Atty. Herminio de Pano is a former Prosecutor of the City of Manila who established his own law
office after taking advantage of the Early Retirement Law. He was approached by Estrella Cabigao to
act as private prosecutor in an estafa case in which she is the complainant. It appears that said estafa
case was investigated by Atty. de Pano when he was still a Prosecutor. Should Atty. de Pano accept
employment as private prosecutor in said estafa case? Explain. (1992 Bar)

A: Atty. de Pano should not accept the employment as private prosecutor as he will be violating Canon
6, Rule 6.03 of the Code of Professional Responsibility which provides that a lawyer shall not, after
leaving government service, accept employment in connection with any matter in which he had
intervened while in said service.

Q: Lawyer U, a retired Tanodbayan prosecutor, now in the private practice of law entered his
appearance for and in behalf of an accused in a case before the Sandiganbayan. The prosecution
moved for his disqualification on the ground that he had earlier appeared for the prosecution in the
case and is knowledgeable about the prosecution's evidence, both documentary and testimonial. U
contended that he merely appeared at the arraignment on behalf of the prosecutor assigned to the
case who was absent at the time. Decide. (Bar)

A: Lawyer U should be disqualified from entering his appearance in this case even only for arraignment
of the accused. His appearance is deemed to be appearing for conflicting interest.

ALTERNATIVE ANSWER: Canon 36 provides that a lawyer, having once held public office or having been
in public employ, should not, after his retirement, accept employment in connection with any matter he
has investigated or passed upon while in such office or employ. The contention of U that he merely
appeared at the arraignment on behalf of the absent prosecutor, is not enough. As a former Tanodbayan
prosecutor, he certainly had occasion to obtain knowledge about the prosecution’s evidence. Public
officials who cannot practice law or can practice law with restrictions (1990, 2000)

Q: A town mayor was indicted for homicide through reckless imprudence arising from a vehicular
accident. May his father-in-law who is a lawyer and a Sangguniang Panlalawigan member represent
him in court? Reason. (2000 Bar)

A: Yes, his father-in-law may represent him in court. Under the Local Government Code (R.A. 7160),
members of the Sanggunian may engage in the practice of law, except in the following:

(1) they shall not appear as counsel before any court in any civil case wherein a local government unit or
any office, agency or instrumentality of the government is the adverse party;

(2) they shall not appear as counsel in any criminal case wherein an officer or employee of the national
or local government is accused of an offense committed in relation to his office;

(3) they shall not collect any fee for their appearance in administrative proceedings including the local
government unit of which he is an official; and
 (4) they shall not use property and personnel of the Government except when the Sanggunian member
concerned is defending the interests of the government. In this case, the town mayor was indicted for
homicide through reckless imprudence, an offense that is not related to his office.

Q: In a civil case before the Regional Trial Court between Mercy Sanchez and Cora Delano, Sanchez
engaged the services of the Reyes Cruz & Santos Law Offices. Delano moved for the disqualification of
the Reyes Cruz & Santos Law Offices on the ground that Atty. Cruz is an incumbent senator. Rule on
the motion with reasons. (1990 Bar)

A: As a judge, I will require that the name of Atty. Cruz, an incumbent Senator, be dropped from any
pleading filed in court or from any oral appearance for the law firm by any other member of the law
firm, and should the law firm refuse, I will disqualify the law firm.

My reasons are as follows:

Article VI, Sec. 14ofthe 1987 Constitution provides that “no Senator or Member of the House of
Representatives may personally appear as counsel before any court of Justice or before the Electoral
Tribunals, or quasi-judicial and other administrative bodies."

What is prohibited is personal appearance of the Senator Atty. Cruz, and for as long as the Senator does
not personally appear in court for Mercy Sanchez, the prohibition does not apply. Personal appearance
includes not only arguing or attending a hearing of a case in court but also the signing of a pleading and
filing it in court. Hence, the Senator should not allow his name to appear in pleadings filed in court by
itself or as part of a law firm name, such as Reyes Cruz and Santos Law Offices, under the signature of
another lawyer in the law firm, nor should he allow the firm name with his name therein to appear as
counsel through another lawyer, without indirectly violating the constitutional restriction, because the
signature of an agent amounts to a signing by the Senator through another lawyer is in effect his
appearance, the office of attorney being originally one of agency, and because the Senator cannot do
indirectly what the Constitution prohibits directly.

The lawyer actually appearing for Mercy Sanchez should drop the name of Atty. Cruz from any pleading
or from any oral appearance in court, otherwise the law firm could be disqualified. Moreover, Rule 6.02
of the Code of Professional Responsibility prohibits a lawyer in government from using his public
position to promote or advance his private interests, and the Senator’s name appearing in pleadings or
in appearances by other lawyers in the law firm may be misconstrued as indirectly influencing the judge
to decide the case in favor of the law firm’s client, which can only be avoided by dropping the name of
the Senator from the firm name whenever it appears in court.

Lawyers who are authorized to represent government (2001, 2006)

Q: From the viewpoint of legal ethics, why should it be mandatory that the public prosecutor be
present at the trial of a criminal case despite the presence of a private prosecutor? (2001 Bar)

A: The public prosecutor must be present at the trial of the criminal case despite the presence of a
private prosecutor in order to see to it that the interest of the State is wellguarded and protected,
should the private prosecutor be found lacking in competence in prosecuting the case. Moreover, the
primary duty of a public prosecutor is not to convict but to see to it that justice is done (Rule 6.01, Code
of Professional Responsibility). A private prosecutor would be naturally interested only in the conviction
of the accused.

LAWYER’S OATH
Rules of Court, Sec. 17.

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 SC an oath of office.

Form 28 of the Judicial Standard Forms prescribes the following oath to be taken by the applicant:

I, _____, do solemnly swear that I will maintain allegiance to the Republic of the Philippines. I will
support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities
therein; I will do no falsehood nor consent to the doing of any in court; I will not wittingly or willingly
promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same; I will delay no
man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge
and discretion with all good fidelity as well to the court as to my clients; and I impose upon myself this
voluntary obligation, without any mental reservation or purpose of evasion. So help me God.

Q: What is the significance of lawyer's oath? (1996, 2003 Bar)

A: “The significance of the oath is that it not only impresses upon the attorney his responsibilities but it
also stamps him as an officer of the court with rights, powers and duties as important as those of the
judge themselves. The oath of a lawyer is a condensed code of legal ethics. It is a source of his obligation
and its violation is a ground for his suspension, disbarment or other disciplinary action". (Agpalo, Legal
Ethics, 5th ed., p.59)

Duties & Responsibilities of Lawyers

Q: Section 20, Rule 138 of the Rules of Court enumerates nine (9) duties of attorneys. Give at least
three (3) of them. (2000, 2007 Bar)

A: Under Section 20, Rule 138, it is the duty of an attorney:

1. To maintain allegiance to the Republic of the Philippines;

2. To maintain the respect due to the courts of justice and judicial officers;

3. 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;
 4. 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;

5. To maintain inviolate the confidence, and at every peril to himself, to preserve the secret of his client,
and to accept no compensation in connection with his client’s business except from him with his
knowledge and approval;

6. 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;

7. 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;

8. Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;

9. 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.

Q: State the duties of a lawyer imposed by the Lawyer’s oath (2016 Bar)

A: The following are the duties of a lawyer imposed by the lawyer’s oath:

1. To maintain allegiance to the Republic of the Philippines;

2. To support its Constitution;

3. To obey the laws as well as the legal orders of the duly constituted authorities;

4. To do no falsehood nor consent to the doing of the same in any court;

5. Not to wittingly or willingly promote or sue any groundless, false or unlawful suit nor to give nor to
consent to the doing of the same;

6. To delay no man for money or malice;

7. To conduct himself as a lawyer according to the best of his knowledge and discretion, with all good
fidelity to the courts as to his clients;

8. To impose upon himself that voluntary obligation without any mental reservation or purpose of
evasion.

THE FOUR-FOLD DUTIES OF A LAWYER (PER THE CODE OF PROFESSIONAL

RESPONSIBILITY)
LAWYER’S DUTIES TO SOCIETY

Canon 1: Promote and Respect the Law and Legal Process

Canon 2: Provide Efficient And Convenient Legal Services

Canon 3: Information On Legal Services That Is True, Honest, Fair And Dignified

Canon 4: Support For Legal Reforms And Administration Of Justice

Canon 5: Participate In Legal Education

Canon 6: Canons Apply to Lawyers in Government

Service

LAWYER’S DUTIES TO THE LEGAL PROFESSION

Canon 7: Uphold Dignity And Integrity In The Profession

Canon 8: Courtesy, Fairness, Candor Towards

Professional Colleagues

Canon 9: Unauthorized Practice Of Law

LAWYER’S DUTIES TO THE COURTS

Canon 10: Observe Candor, Fairness And Good Faith

Canon 11: Respect Courts And Judicial Officers

Canon 12: Assist In Speedy And Efficient Administration of

Justice

Canon 13: Refrain From Act Giving Appearance of

Influence

LAWYER’S DUTIES TO THE CLIENT

Canon 14: Service To The Needy

Canon 15: Observe Candor, Fairness, Loyalty

Canon 16: Hold In Trust Client’s Moneys And Properties

Canon 17: Trust And Confidence

Canon 18: Competence And Diligence

Canon 19: Representation With Zeal

Canon 20: Attorney’s Fees

Canon 21: Preserve Client’s Confidence

Canon 22: Withdrawal Of Services For Good Cause

Suspension, Disbarment & Discipline of Lawyers

GROUNDS
Rules of Court, Rule 138, Section 27. Attorneys removed or suspended by Supreme Court on what
grounds. — A member of the bar may be removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral
conduct, or by reason of his conviction of a crime involving moral turpitude or for any violation of the
oath which he is required to take before the admission to practice or for a willful disobedience of any
lawful order of a superior court or for corruptly or willful appearing as an attorney for a party to a case
without authority so to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.

Grounds for Disbarment

Rule 138, Sec. 27, Revised Rules of Court

(1) Deceit - fraudulent and deceptive misrepresentation, artifice, or device used by one or more persons
to deceive and trick another. There must be false representation as a matter of fact.

(2) Malpractice, or other gross misconduct in office

(3) Grossly immoral conduct (See Chapter 1)

(4) Conviction of a crime involving moral turpitude

(5) Violation of lawyer’s oath

(6) Willful disobedience of any lawful order of a superior court

(7) Corruptly or willfully appearing as an attorney for a party to case without an authority to do so

Legal Malpractice - consists of failure of an attorney to use such skill, prudence, and diligence as
lawyers of ordinary skill and capacity commonly possess and exercise in the performance of tasks which
they undertake, and when such failure proximately causes damage, it gives rise to an action in tort [Tan
Tek Beng v. David, AC No. 1261]

Gross Misconduct - any inexcusable, shameful, or flagrant unlawful conduct on the part of the person
concerned in the administration of justice which is prejudicial to the rights of the parties or to the right
determination of a cause, a conduct that is generally motivated by a predetermined, obstinate, or
intentional purpose [Yumol v. Ferrer Sr.(2005)]

READMISSION TO THE BAR

It is the restoration in disbarment proceedings to a disbarred lawyer the privilege to practice law. The
sole object of the court is to determine whether or not the applicant has satisfied and convinced the
court by positive evidence that the effort he has made toward the rehabilitation of his character has
been successful.

STATUTORY BASIS

1987 Constitution, Art. VIII, Sec. 5(5).

The Supreme Court shall have the following powers: …

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice and procedure in all courts, the admission to the practice of law, the integrated bar and legal
assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases shall be uniform for all courts of the same grade and shall not diminish,
increase, or modify substantive rights.

Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.

In order that there is reinstatement, the following must be taken into consideration:

(1) The applicant’s character and standing prior to disbarment;

(2) The nature or character of the misconduct for which he is disbarred;

(3) His conduct subsequent to disbarment [Cui v. Cui, 1964]

(4) His efficient government service [In Re: Adriatico,(1910)]

(5) The time that has elapsed between disbarment and the application for reinstatement and the
circumstances that he has been sufficiently punished and disciplined [Prudential Bank v. Benjamin
Grecia, (1986)]

(6) Applicant’s appreciation of significance of his dereliction and his assurance that he now possesses
the requisite probity and integrity;
(7) Favorable endorsement of the IBP and local government officials and citizens of his community, pleas
of his loved ones [Yap Tan v. Sabandal, 1989]

LAWYERS WHO HAVE BEEN SUSPENDED

GUIDELINES FOR LIFTING THE ORDER OF SUSPENSION

R.A. No. 9225- Guidelines for lifting of suspension and disbarment.

Maniago vs. Atty. Lourdes De Dios guidelines for lifting suspension:

xxx (3) Upon expiration of the period of suspension, respondent shall file a Sworn Statement with the
Court, through the Office of the Bar Confidant, stating therein that he or she has desisted from the
practice of law and has not appeared in any court during the period of his or her suspension;

(4) Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the
Executive Judge of the courts where the respondent has pending cases handled by him or her, and/or
where he or she has appeared as counsel;

(5) The Sworn Statement shall be considered as proof of respondent’s compliance with the order of
suspension.

LAWYERS WHO HAVE BEEN DISBARRED

Guidelines in resolving requests for judicial clemency of disbarred lawyers

A.M. No. 07-7-17-SC - guidelines in resolving requests for judicial clemency:

(1) There must be proof of remorse and reformation. These include testimonials of credible institutions
and personalities.

(2) Sufficient time must have lapsed from the imposition of the penalty to ensure a period of
reformation.

(3) The age of the person asking for clemency must show that he still has productive years ahead of him
that can be put to good use by giving him a chance to redeem himself.

(4) There must be a showing of promise (intellectual aptitude, contribution to legal scholarship, etc), and
potential for public service.

(5) Other relevant factors to justify clemency. [Re: Letter of Judge Diaz (2007)]

A previously disbarred lawyer who is given absolute pardon by the President is not automatically
reinstated, he must still file a petition for reinstatement with the SC

LAWYERS WHO HAVE BEEN REPATRIATED

Lawyers who reacquire their Philippine citizenship should apply to the SC for license or permit to
practice their profession. [Sec. 5(4), RA 9225]

EFFECTS OF REINSTATEMENT
(1) Recognition of moral rehabilitation and mental fitness to practice law;

(2) Lawyer shall be subject to same law, rules and regulations as those applicable to any other lawyer;

(3) Lawyer must comply with the conditions imposed on his readmission.

Note: Good moral character is not only a condition precedent to admission to the practice of law but is
a continuing requirement.

MANDATORY CONTINUING LEGAL EDUCATION

Bar Matter 850-to implement Canon 5

Rule 1. PURPOSE

SECTION 1. Purpose of the MCLE. - Continuing legal education is required of members of the Integrated Bar of the Philippines
(IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the
profession and enhance the standards of the practice of law.

Rule 2. MANDATORY CONTINUING LEGAL EDUCATION

SECTION 1. Commencement of the MCLE. - Within two (2) months from the approval of these Rules by the Supreme Court En
Banc, the MCLE Committee shall be constituted and shall commence the implementation of the Mandatory Continuing Legal
Education (MCLE) program in accordance with these Rules.

SEC. 2. Requirements of completion of MCLE. - Members of the IBP not exempt under Rule 7 shall complete every three (3)
years at least thirty-six (36) hours of continuing legal education activities approved by the MCLE Committee. Of the 36 hours:

(a)            At least six (6) hours shall be devoted to legal ethics equivalent to six (6) credit units.

(b)            At least four (4) hours shall be devoted to trial and pretrial skills equivalent to four (4) credit units.

(c)            At least five (5) hours shall be devoted to alternative dispute resolution equivalent to five (5) credit units.

(d)            At least nine (9) hours shall be devoted to updates on substantive and procedural laws, and jurisprudence equivalent
to nine (9) credit units.

(e)            At least four (4) hours shall be devoted to legal writing and oral advocacy equivalent to four (4) credit units.

(f) At least two (2) hours shall be devoted to international law and international conventions equivalent to two (2) credit units.

(g)            The remaining six (6) hours shall be devoted to such subjects as may be prescribed by the MCLE Committee equivalent
to six (6) credit units.

Rule 3. COMPLIANCE PERIOD

SECTION 1. Initial compliance period. -- The initial compliance period shall begin not later than three (3) months from the
adoption of these Rules. Except for the initial compliance period for members admitted or readmitted after the establishment
of the program, all compliance periods shall be for thirty-six (36) months and shall begin the day after the end of the previous
compliance period.

SEC. 2. Compliance Groups. -- Members of the IBP not exempt from the MCLE requirement shall be divided into three (3)
compliance groups, namely:

(a)            Compliance group 1. -- Members in the National Capital Region (NCR) or Metro Manila are assigned to Compliance
Group 1.

(b)            Compliance group 2. -- Members in Luzon outside NCR are assigned to Compliance Group 2.

(c)            Compliance group 3. -- Members in Visayas and Mindanao are assigned to Compliance Group 3.

Nevertheless, members may participate in any legal education activity wherever it may be available to earn credit unit toward
compliance with the MCLE requirement.

SEC. 3. Compliance period of members admitted or readmitted after establishment of the program. - Members admitted or
readmitted to the Bar after the establishment of the program shall be assigned to the appropriate Compliance Group based on
their Chapter membership on the date of admission or readmission.

The initial compliance period after admission or readmission shall begin on the first day of the month of admission or
readmission and shall end on the same day as that of all other members in the same Compliance Group.

(a)            Where four (4) months or less remain of the initial compliance period after admission or readmission, the member is
not required to comply with the program requirement for the initial compliance.

(b)            Where more than four (4) months remain of the initial compliance period after admission or readmission, the member
shall be required to complete a number of hours of approved continuing legal education activities equal to the number of
months remaining in the compliance period in which the member is admitted or readmitted. Such member shall be required to
complete a number of hours of education in legal ethics in proportion to the number of months remaining in the compliance
period. Fractions of hours shall be rounded up to the next whole number.

BAR MATTER NO. 1922, JUNE 3, 2008- requires “practicing members of the bar to indicate in all pleadings filed before the
courts or quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or Certificate of
Exemption, as may be applicable.”

-In case a party is represented by counsel de parte, additional requirements that go into the form of pleading should be
incorporated:

1. The Roll of Attorney’s Number;

2. The Current Professional Tax Receipt number;

3. The IBP Official Receipt No. or IBP Lifetime Membership Number;

4. MCLE Compliance or Exemption Certificate Number and Date of Issue (effective January 1, 2009)

BAR MATTER NO. 1922; AS AMENDED EN BANC RESOLUTION 2014- “failure to disclose the required information would subject
to the counsel appropriate penalty and disciplinary action.

Rule 7. EXEMPTIONS

SECTION 1. Parties exempted from the MCLE. -- The following members of the Bar are exempt from the MCLE requirement:
(a)            The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executive
Departments;

(b)            Senators and Members of the House of Representatives;

(c)            The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary,
incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the Philippine Judicial Academy
program of continuing judicial education;

(d)            The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;

(e)            The Solicitor General and the Assistant Solicitors General;

(f)  The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;

(g)            The Chairmen and Members of the Constitutional Commissions;

(h)            The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special Prosecutor of the Office
of the Ombudsman;

(i)  Heads of government agencies exercising quasi-judicial functions;

(j)  Incumbent deans, bar reviewers and professors of law who have teaching experience for at least ten (10) years in
accredited law schools;

(k)            The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lecturers of the Philippine
Judicial Academy; and

(l)  Governors and Mayors.

SEC. 2. Other parties exempted from the MCLE. - The following Members of the Bar are likewise exempt:

(a)            Those who are not in law practice, private or public.

(b)            Those who have retired from law practice with the approval of the IBP Board of Governors.

Note: Resolution No. 01-2007= exemption of lawyers aged 75 years and above who are not engaged in active law practice,
private or public, after complying with prescribed requirements and conditions,

SEC. 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.

SEC. 4. Change of status. - The compliance period shall begin on the first day of the month in which a member ceases to be
exempt under Sections 1, 2, or 3 of this Rule and shall end on the same day as that of all other members in the same
Compliance Group.

SEC. 5. Proof of exemption. - Applications for exemption from or modification of the MCLE requirement shall be under oath and
supported by documents.

Rule 11. GENERAL COMPLIANCE PROCEDURES

SECTION 1. Compliance card. -- Each member shall secure from the MCLE Committee a Compliance Card before the end of his
compliance period. He shall complete the card by attesting under oath that he has complied with the education requirement or
that he is exempt, specifying the nature of the exemption. Such Compliance Card must be returned to the Committee not later
than the day after the end of the member's compliance period.

SEC. 2. Member record keeping requirement. -- Each member shall maintain sufficient record of compliance or exemption, copy
furnished the MCLE Committee. The record required to be provided to the members by the provider pursuant to Section 3(c) of
Rule 9 should be a sufficient record of attendance at a participatory activity. A record of non-participatory activity shall also be
maintained by the member, as referred to in Section 3 of Rule 5.

Rule 12. NON-COMPLIANCE PROCEDURES

SECTION 1. What constitutes non-compliance.  - The following shall constitute non-compliance:

(a)            Failure to complete the education requirement within the compliance period;

(b)            Failure to provide attestation of compliance or exemption;

(c)            Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed
period;

(d)            Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from
receipt of non-compliance notice;

(e)            Failure to pay non-compliance fee within the prescribed period;

(f) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE
requirements.

SEC. 2. Non-compliance notice and 60-day period to attain compliance.  -Members failing to comply will receive a Non-
Compliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to file a response
clarifying the deficiency or otherwise showing compliance with the requirements. Such notice shall contain the following
language near the beginning of the notice in capital letters:

IF YOU FAIL TO PROVIDE ADEQUATE PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM
DATE OF NOTICE), YOU SHALL BE LISTED AS A DELINQUENT MEMBER AND SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL
SUCH TIME AS ADEQUATE PROOF OF COMPLIANCE IS RECEIVED BY THE MCLE COMMITTEE.

Members given sixty (60) days to respond to a Non-Compliance Notice may use this period to attain the adequate number of
credit units for compliance. Credit units earned during this period may only be counted toward compliance with the prior
compliance period requirement unless units in excess of the requirement are earned, in which case the excess may be counted
toward meeting the current compliance period requirement.

Note: BAR MATTER No. 1922- provides that “failure to disclose the required information would cause dismissal of the case and
the expunction of the pleadings from the records.” Amended in 2014 “Failure to disclose the required information would
subject the counsel to appropriate penalty and disciplinary action.”

Note: BAR MATTER 2012 Proposed Rule on Mandatory Legal Aid Service- render a minimum of 60 hours of free legal aid
services to indigent litigants a year. 60 hrs. shall be spread within the period of 12 months, with a minimum of 5 hrs. in 1
months.

-failure to comply of this proposed rule would declare the errant lawyer as a member not in good standing. (Bar Matter No.
2012, Sec. 7)

Rule 13. CONSEQUENCES OF NON-COMPLIANCE

SECTION 1. Non-compliance fee. -- A member who, for whatever reason, is in non-compliance at the end of the compliance
period shall pay a non-compliance fee.

SEC. 2. Listing as delinquent member. -- A member who fails to comply with the requirements after the sixty (60) day period for
compliance has expired, shall be listed as a delinquent member of the IBP upon the recommendation of the MCLE Committee.
The investigation of a member for non-compliance shall be conducted by the IBP’s Commission on Bar Discipline as a fact-
finding arm of the MCLE Committee.

SEC. 3. Accrual of membership fee. -- Membership fees shall continue to accrue at the active rate against a member during the
period he/she is listed as a delinquent member.

Rule 14. REINSTATEMENT

SECTION 1. Process. -- The involuntary listing as a delinquent member shall be terminated when the member provides proof of
compliance with the MCLE requirement, including payment of non-compliance fee. A member may attain the necessary credit
units to meet the requirement for the period of non-compliance during the period the member is on inactive status. These
credit units may not be counted toward meeting the current compliance period requirement. Credit units earned during the
period of non-compliance in excess of the number needed to satisfy the prior compliance period requirement may be counted
toward meeting the current compliance period requirement.

SEC. 2. Termination of delinquent listing is an administrative process. - The termination of listing as a delinquent member is
administrative in nature AND it shall be made by the MCLE Committee.

Rule. 15. COMMITTEE ON MANDATORY CONTINUING

LEGAL EDUCATION

SECTION 1. Composition.  - The MCLE Committee shall be composed of five (5) members, namely, a retired Justice of the
Supreme Court as Chair, and four (4) members respectively nominated by the IBP, the Philippine Judicial Academy, a law center
designated by the Supreme Court and associations of law schools and/or law professors.

The members of the Committee shall be of proven probity and integrity. They shall be appointed by the Supreme Court for a
term of three (3) years and shall receive such compensation as may be determined by the Court.

SEC. 2. Duty of committee.  - The MCLE Committee shall administer and adopt such implementing rules as may be necessary
subject to the approval of the Supreme Court. It shall, in consultation with the IBP Board of Governors, prescribe a schedule of
MCLE fees with the approval of the Supreme Court.

SEC. 3. Staff of the MCLE Committee. - Subject to approval by the Supreme Court, the MCLE Committee shall employ such staff
as may be necessary to perform the record-keeping, auditing, reporting, approval and other necessary functions.

SEC. 4. Submission of annual budget.  - The MCLE Committee shall submit to the Supreme Court for approval, an annual budget
[for a subsidy] to establish, operate and maintain the MCLE Program.

This resolution shall take effect on the fifteenth of September 2000, following its publication in two (2) newspapers of general
circulation in the Philippines.

Adopted this 22nd day of August, 2000, as amended on 02 October 2001.

Requirements after re-acquisition of Philippine Citizenship: (Petition for Leave to Resume Practice of Law, Benjamin M.
Decanay, BM. No. 1678, 2007)

1. R.A. No. 9225 Section 5(4)- provides that a person who intends to practice his profession in the Philippines must apply
with the proper authority for a LICENSE or PERMIT to ENGAGE IN SUCH PRACTICE.
2. Secure the authority to practice law from the Supreme Court:
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 especially 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.

Note: All of the above will restore the lawyer’s good standing as member of the Philippine Bar.

Career Choice
Public Service vs. Private Practice

A. Public Service- involves working in the government as a public servant

a. Clerk of Court=chief administrative officers of their respective courts.
b. Public Attorney=to provide legal assistance to the indigents or those who cannot afford legal representation.
c. Solicitor General=represents the Government of the Philippines.
B. Private Practice-working in the private sector.
a. Solo practice=practicing your profession all by your lonesome.
Pros:
1. Allows you the freedom to direct the tempo and nature of cases that you would take on.
Cons:
1. Does not have the same resources as those found in a law firm, specially the big law firms today.
2. You have no assistance by your partner or associates that law firms have.
3. Does not provide you with the much needed logistics and network that you would like to have.
b. Law Firm
Pros:
1. Has resources especially the big law firms.
2. Can be assisted by partner or associates.
3. Have extensive networks and established logistical support systems.
c. Law Office-is a partnership of two or more lawyers who contribute money, property, or industry for the
furtherance of their legal profession, registered with the Securities and Exchange Commission.
Pros:
1. Can take on more cases and clients than solo practice.
d. Corporate Law Practice-becoming part of a corporate structure providing their legal knowledge and services in
a variety of capacities.
QUIZ