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
2014-2015

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 ones 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. NoeLacsaman v. Atty. Busmente, A.C. No. 7269 [2011]

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]

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

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.

Who can appear in court or

investigative body?

We find no alternative than to separate him from the service, with

the admonition that he desist from appearing in any court or
investigative body wherein only members of the bar are
allowed to practice. - Zeta v. Malinao, A.M. No. P-220, December
20, 1978

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 lawyers 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 attorneyat-law. Respondent should know that two essential requisites for
becoming a lawyer still had to be performed, namely: his lawyers
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
7

Signing of the Lawyers 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]

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 ones 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. B.M. 1370 May 9, 2005
9

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

10

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]

11

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 2006

12

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.

13

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 February 20,
1981

14

Is breach of promise to marry

gross immorality?
Respondent was prevented from taking the lawyers 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. 519 1997
15

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

16

Good moral character v. Rehabilitation

When an applicant for admission to the bar has committed firstdegree 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 anupright 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

Lawyer must indicate his proper IBP

chapter & receipt number
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/petitioners knowledge of Philippine laws and
update him of legal developments and
(d) the retaking of the lawyers 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 law,

Dacanay B.M. No. 1678 December 17, 2007

31

What is the purpose for requiring the

retaking of Lawyers Oath?

The retaking of the lawyers 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

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 .
Constitution

33

Re-acquisition of Philippine citizenship upon

taking the oath of allegiance to the Republic
Section 3. Retention of Philippine Citizenship - Any provision of law to the
contrary notwithstanding, natural born citizens of the Philippines by
reason of their naturalization as citizens of a foreign country are hereby
deemed to have re-acquired Philippine citizenship upon taking the
following oath of allegiance to the Republic:
I ____________, solemnly swear (or affirm) that I will support and defend the
Constitution of the Republic of the Philippines and obey the laws and legal
orders promulgated by the duly constituted authorities of the Philippines
and I hereby declare that I recognize and accept the supreme authority of
the Philippines and will maintain true faith and allegiance thereto; and
that I imposed this obligation upon myself voluntarily without mental
reservation or purpose of evasion.
Natural-born citizens of the Philippines who, after the effectivity of this Act,
become citizens of a foreign country shall retain their Philippine
citizenship upon taking the aforesaid oath.

34

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.

35

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

36

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 lawyers
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

37

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.

38

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.

39

What is a lawyers 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 .

40

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]

41

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]

42

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.

43

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.
44

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

45

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 the
court.
46

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]

47

Can an indefinite suspension from the

practice of law prohibit him 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-Arroyos 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
petitioners standing to bring this suit because of his
indefinite suspension from the practice of law.

48

An incapacity to bring legal actions peculiar to petitioner also

obtains. Petitioners 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]

49

The basic question is whether a law student, may

appear before an inferior court as an agent or friend
of a party litigant.

Interpretation, clarification and implementation of Section 34,

Rule 138 of the Rules of Court, Bar Matter No. 730, Circular No. 19
governing law student practice and Rule 138-A of the Rules of
Court xxx. - Cruz v. Mina, G.R. No. 154207 [2007]

50

Rule 138

SEC. 34.
By whom litigation is 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.

51

RULE 138-A
LAW STUDENT PRACTICE RULE
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.
Sec. 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.

52

Interpretation

There is really no problem as to the application of Section 34 of

Rule 138 and Rule 138-A. In the former, the appearance of a nonlawyer, as an agent or friend of a party litigant, is expressly allowed,
while the latter rule provides for conditions when a law student,
not as an agent or a friend of a party litigant, may appear before
the courts.
Section 34, Rule 138 is clear that appearance before the inferior
courts by a non-lawyer is allowed, 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, G.R. No. 154207
[2007]

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Bar Matter No. 730, [IN RE: NEED THAT LAW STUDENT
PRACTICING UNDER RULE 138-A BE ACTUALLY SUPERVISED
DURING TRIAL] the Court En Banc clarified:
we hold that a law student appearing before the Regional Trial
Court under the authority of Rule 138-A must be under the direct
control and supervision of a member of the Integrated Bar of the
Philippines duly accredited by the law school and that said law
student must be accompanied by a supervising lawyer in all his
appearance.[B.M. No. 730]
The rule, however, is different if the law student appears before an
inferior court, where the issues and procedure are relatively simple.
In inferior courts, a law student may appear in his personal capacity
without the supervision of a lawyer.
Thus, 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, G.R. No. 154207 [2007]

54

What are Municipal Trial Courts?

The term "Municipal Trial Courts" as used in these Rules shall

include Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Circuit Trial Courts. Cruz
v. Mina, G.R. No. 154207 [2007]

55

The complaint is irregular as it was

signed not by the plaintiff but by one
who was not a member of the bar and
who designated himself merely as
"Friend counsel for the Plaintiff."

Rule 7 Section 3. Signature and address. Every pleading must be

signed by the party or counsel representing him, stating in either
case his address which should not be a post office box.
An unsigned pleading produces no legal effect. xxx.
Under the facts of this case, however, the applicable provision is
Section 34, Rule 138 of the Rules of Court. - Bulacan v. Torcino,
G.R. No. L-44388 January 30, 1985

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Pro se [in one's own behalf] litigant

The Rules are clear. In municipal courts, the litigant may be assisted
by a friend, agent, or an attorney. However, in cases before the
regional trial court, the litigant must be aided by a duly authorized
member of the bar. The rule invoked by the Torcinos applies only to
cases filed with the regional trial court and not to cases before a
municipal court. - Bulacan v. Torcino, G.R. No. L-44388 January 30,
1985

Applies only in civil cases.

But for the protection of the parties and in the interest of justice, the
requirement for appearances in regional trial courts and
higher courts is more stringent. Bulacan v. Torcino, G.R. No. L44388 January 30, 1985
57

Thank you for your

attention!!

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