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The document discusses the qualifications and procedures for admission to the practice of law in the Philippines. It outlines the educational, moral, and testing requirements candidates must meet. These include obtaining a bachelor's degree in specific subjects, passing the bar exam with an average of 75%, and taking an oath. The purpose is to ensure only those mentally and morally fit can represent clients. Failure to pass the exam three times results in additional requirements, and failure five times means permanent disqualification. The practice of law is considered a privilege rather than a right due to its rigid standards for mental and moral fitness.
The document discusses the qualifications and procedures for admission to the practice of law in the Philippines. It outlines the educational, moral, and testing requirements candidates must meet. These include obtaining a bachelor's degree in specific subjects, passing the bar exam with an average of 75%, and taking an oath. The purpose is to ensure only those mentally and morally fit can represent clients. Failure to pass the exam three times results in additional requirements, and failure five times means permanent disqualification. The practice of law is considered a privilege rather than a right due to its rigid standards for mental and moral fitness.
The document discusses the qualifications and procedures for admission to the practice of law in the Philippines. It outlines the educational, moral, and testing requirements candidates must meet. These include obtaining a bachelor's degree in specific subjects, passing the bar exam with an average of 75%, and taking an oath. The purpose is to ensure only those mentally and morally fit can represent clients. Failure to pass the exam three times results in additional requirements, and failure five times means permanent disqualification. The practice of law is considered a privilege rather than a right due to its rigid standards for mental and moral fitness.
Qualifications And Procedure For Admission To The Practice of Law WHAT ARE THE QUALIFICATIONS FOR ADMISSION TO THE PRACTICE OF LAW? First Requirement (Before Admission the to Bar): a. Citizenship b. Age c. Residence d. Educational Qualification d.1 Completed a four-year high school course, a prerequisite to a bachelor’s degree in arts or science; d.2 Completed a bachelor’s degree with any of the following subjects as major or field of concentration: Political Science, Logic, English, Spanish, History, Economics d. 3 Completed a Bachelor of Laws degree in a law school or university approved and recognized by the Secretary of Education. WHAT ARE THE QUALIFICATIONS FOR ADMISSION TO THE PRACTICE OF LAW? First Requirement (Before Admission the to Bar): e. Moral and other Qualifications f. Bar Examination f.1 general average of 75% in any subject; f.2 in determining the average, the subjects in the examination shall be given the following weights: Civil Law (15%), Labor and Social Legislation (10%), Political and International Law (15%), Taxation (10%), Remedial Law (20%), Legal Ethics and Practical Exercises (5%) g. Oath (Sec. 17, Rule 138, ROC) h. Attorney’s Roll (Sec. 18 and 19, Rule 138, ROC) WHAT ARE THE QUALIFICATIONS FOR ADMISSION TO THE PRACTICE OF LAW? Second Requirement (After Admission the to Bar): The lawyer must remain in GOOD and REGULAR STANDING. This requires the following: (a) He must be a member of the IBP (b) He must regularly pay all the IBP membership dues and other lawful assessment; (c) He must observe faithfully the rules and ethics of the profession; and (d) He should be subject to judicial disciplinary control WHAT IS THE PURPOSE OF IMPOSING THE REQUIREMENTS?
To see to it that those who are admitted to the
practice of law are MENTALLY and MORALLY fit to discharge their duties to their CLIENTS, to the COURTS, and to the PUBLIC in general. WHAT ARE THE PROCEDURES FOR ADMISSION TO THE PRACTICE OF LAW? Pass the Bar Examination conducted by a committee of bar examiners appointed by the SC Examination shall take place annually in the City of Manila which shall be held in four (4) days to be designated by the Chairman of the committees on bar examiners. Subjects distributed as follows (Sec. 8 & 11, Rule 38, ROC): First Day: Political and International Law (am) and Labor and Social Legislation (pm); Second Day: Civil Law (am) and Taxation (pm); Third Day: Mercantile Law (am) and Criminal Law (pm); Fourth Day: Remedial Law (am) and Legal Ethics and practical exercises (pm). WHAT ARE THE PROCEDURES FOR ADMISSION TO THE PRACTICE OF LAW? The Committee of bar examiners shall be composed of a Justice of the Supreme Court, who shall act as chairman, and eight members of the IBP. Not later than February 15th after the examination, or as soon thereafter as may be practicable, the committee shall file its report on the result of such examination. In order that a candidate may be deemed to have passed his examinations successfully, he must have obtained a general average of 75% in all subjects, without falling below 50% in any subject. WHAT IS THE CONSEQUENCE OF FAILURE TO PASS THE EXAMINATION? Candidates who have failed the Bar Examination for three (3) 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 classes as well as attended a pre-bar review course in a recognized law school.
Candidates who have failed the Bar Examination
for five (5) times shall be PERPETUALLY disqualified from taking the Bar Examination. WHY IS PRACTICE OF LAW MORE OF A PRIVILEGE THAN A RIGHT?
The practice of law is not a matter of right. It is a
privilege accorded only to those who measure up to certain RIGID STANDARDS of MENTAL and MORAL fitness.
Anyone who is granted the said privilege is
expected to maintain the said rigid standards. WHY IS PRACTICE OF LAW MORE OF A PRIVILEGE THAN A RIGHT?
Tan vs. Sabandal, B.M. No. 44
Boquia vs. Sabandal, SBC 66, Feb. 24, 1992 Melencio-Herrera, J.
“The Practice of Law is not a matter of right. It is
a privilege bestowed upon individuals who are not learned in the law but who are also known to possess good moral character.” WHY IS PRACTICE OF LAW MORE OF A PRIVILEGE THAN A RIGHT? Legarda vs. Court of Appeals G.R. No. 94457, June 10, 1992 En Banc, Per Curiam “Lawyers are indispensable part of the whole system of administering justice in this jurisdiction. At a time when strong and disturbing criticisms are being hurled at the legal profession, strict compliance with one’s oath of office and the Canons of Professional Ethics is imperative.”
“Lawyers should be fair, honest, responsible, above suspicion
and beyond reproach in dealing with their clients. The profession is not synonymous with an ordinary business profession. It is a matter of public interest.” WHY IS PRACTICE OF LAW A PROFESSION AND NOT A BUSINESS?
Law advocacy is not a capital that yields profits.
The returns it gives birth to are simple rewards for job done or service rendered. It is a calling that, unlike mercantile pursuits which enjoy a greater deal of freedom from government interference, is impressed with public interest, for which it is subject to State regulation (MBTC vs. CA, G.R. Nos. 86100-03, Jan. 23. 1990, Second Division, Regalado, J.) WHY IS PRACTICE OF LAW A PROFESSION AND NOT A BUSINESS?
Membership in the legal profession is achieved
only after a long and laborious study. By years of patience, zeal and ability, the attorney acquires fixed means of support for himself and his family. This is not to say, however, that the emphasis is on the pecuniary value of this profession bur rather on the social prestige and intellectual standing necessarily arising from and attached to the same person of the fact that everyone is deemed an officer of the court. (Conrad vs. Navarro, Adm. Case No. 2033; Ortigas vs. Navarro, Adm. Case No. 2148, May 9, 1990, En Banc, Per Curiam)