1.

Concept

The practice of law is any activity,

- in or out of court,
- which requires the application of
o law,
o legal procedure,
o knowledge,
o training and
o 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 [Cayetano v. Monsod, G.R. No. 100113 (1991)].

According to Justice Padilla, in his dissent in Cayetano v. Monsod, the following factors are
considered in determining whether there is practice of law: (HACA)
1. Habituality – implies customarily or habitually holding one's self out to the public as a
lawyer.
2. Application of law, legal principles, practice or procedure – calls for legal knowledge,
training and experience.
3. Compensation – implies that one must have presented himself to be in the active and
continued practice of the legal profession and that his professional services are
available to the public for compensation, as a service for his livelihood or in
consideration of his said services.
4. Attorney-client relationship

The test is the activity, NOT who/what he or she is.

When lawyers teach law, they are considered engaged in the practice of law. Their actions
as law professors must be measured against the same canons of professional responsibility
as the fact of their being law professors is inextricably entwined with the fact that they are
lawyers. [Re: Letter of the UP Law Faculty: “Restoring Integrity: A statement by the Faculty
of the UP College of Law on the allegations of plagiarism and misrepresentation in the SC”,
A.M. No. 10-10-4-SC (2011)].

a. Privilege, not right

The right to practice law is not a natural or constitutional right but is a privilege.

- It is limited to persons of good moral character with special qualifications duly

ascertained and certified.
- The exercise of this privilege presupposes possession of integrity, legal knowledge,
educational attainment, and even public trust since a lawyer is an officer of the court.
- A bar candidate who is morally unfit cannot practice law even if he passes the bar
examinations No. 1036(2003)].
- Since it is a privilege, the requirements in application will be strictly construed against
the applicant
- It is a personal privilege. It does with you
 b. Profession, not business

- Lawyering is not a business; it is a profession in which duty to public service, not

money, is the primary consideration.

- The practice of law is a noble calling in which emolument is a byproduct, and the highest
eminence may be attained without making much money [Burbe v. Magulta, A. C. No. 99-634
(2002)

2. Qualifications

Section 1, Rule 138, Rules of Court. Who may practice law. –

- Any person (natural; juridical cannot) heretofore

- 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.

Sec. 2, Rule 138. Requirements for all applicants for admission to the bar. –
Requisites for admission to the bar:
a. Citizenship;
- at the time of taking the bar
-must be possessed at the time of filing of the application
-why? Because the lawyer’s oath is a law of allegiance

b. Residence:
- his/her duties to his client and to the court will require that he/she be readily accessible
and available;
- And the practice of profession in the PH is limited to PH Philippines

c. Age (at least 21 years old):

- maturity and discretion are required in the practice of law;
-attain age of majority
-compliance with the academic requirements required to take the bar

d. Good moral character and no charges involving moral turpitude;

- The purposes for this requirement are:
1. To protect the public;
2. To protect the public image of lawyers;
3. To protect prospective clients; and
4. To protect errant lawyers from themselves [Dantes v. Dantes, A.C. No. 6486 (2004)].
- because lawyers are priests of justice in the high temples of the law

*note: the requirements are continuing for membership to the bar

Q: how do you lose good moral character?
A:

e. Legal education (consisting of pre-law and law proper);

f. Pass the bar examinations;
g. Take the lawyer’s oath;
h. Sign the roll of attorneys.

3. Continuing requirements for membership in the bar

a. Good moral character

Absence of a proven conduct or act which has been historically and traditionally considered
as a manifestation of moral turpitude. The act or conduct need not amount to a crime; and
even if it does constitute an offense, a conviction upon a criminal charge is not necessary to
demonstrate bad moral character although it may show moral depravity [“Legal and Judicial
Ethics” by Agpalo (2004)].

This requirement is not only a condition precedent to admission to the practice of law,
its continued possession is also
essential for remaining in the practice of law. Good moral character is what a person
really is, as distinguished from good reputation, the estimate in which he is held by the
public in the place where he is known [In the Matter of the Disqualification of Bar Examinee
Haron S. Meling In The 2002 Bar Examinations and For Disciplinary Action As Member of
The Philippine Shari’a Bar, B.M. No. 1154 (2004)].

As officers of the court, lawyers must not only in fact be of good moral character but must
also be seen to be of good moral character and leading lives in accordance with the
highest moral standards of the community. As keepers of public faith, lawyers are
burdened with a high degree of social responsibility and, hence, must handle their personal
affairs with All aspects of moral character and behavior may be inquired into in respect of
those seeking admission to the Bar. The scope of such inquiry is, indeed, said to be
properly broader than inquiry into the moral proceedings for disbarment. The requirement
of good moral character to be satisfied by those who would seek admission to the
bar must of necessity be more stringent than the norm of conduct expected from
members of the general public. The Supreme Court may deny lawyer’s oath-taking based
on a conviction for reckless imprudence resulting in homicide (hazing case). But after the
expiry of the original period of probation granted by the trial court, he may be allowed to
submit, for the Court’s examination and consideration, relevant evidence to show that he is
a different person now, that he has become morally fit for admission to the ancient and
learned profession of the law [In re: Argosino, A.M. No. 712 (1997)].

Question of moral turpitude is for the Supreme Court to decide, which is why applicants are
required to disclose any crime which they have been charged. Concealment or withholding
from the Court information about charges and indictments is a ground for disqualification of
applicant or for revocation of license [Agpalo 2004].

By concealing pending criminal cases, the applicant (in a petition to take the Bar
Examinations) then flunks the test of fitness even if the cases are ultimately proven to be
 unwarranted or insufficient to impugn or affect the good moral character of the applicant [In
the Matter of the Disqualification of Bar Examinee Haron S. Meling In The 2002 Bar
Examinations and For Disciplinary Action)

b. Citizenship; reacquisition of the privilege to practice law in the Philippines

The practice of all professions in the Philippines shall be limited to Filipino citizens save in
cases prescribed by law [Sec. 14, Art. XII, 1987 Constitution].

Ratio: Citizenship ensures allegiance to the Republic and its laws.

Filipino citizenship is a requirement for admission to the bar and is, in fact, a
continuing requirement for the practice of law.

- The loss thereof means termination of the petitioner’s membership in the bar; ipso
jure the privilege to engage in the practice of law…

Thus, 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.

However, the right to resume the practice of law is not automatic.

- R.A. No. 9225 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

Submit the original or certified true copies of the following documents in relation to his
petition:

1. Petition for Re-Acquisition of Philippine Citizenship;

2. Order (for Re-Acquisition of Philippine citizenship);
3. Oath of Allegiance to the Republic of the Philippines;
4. Identification Certificate issued by the Bureau of Immigration;
5. Certificate of Good Standing issued by the IBP;
6. Certification from the IBP indicating updated payments of annual membership dues;
7. Proof of payment of professional tax; and
8. Certificate of compliance issued by the MCLE office.

Submit to the OBC and will be reviewed by the Court en banc for resolution.

Before a lawyer who reacquires Filipino citizenship pursuant to R.A. No. 9225 can resume
his law practice, he must first secure from this Court the authority to do so, conditioned on:
1. the updating and payment in full of the annual membership dues in the IBP;
2. the payment of professional tax;
3. 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
4. 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.
 Compliance with these conditions will restore his good standing as a member of the
Philippine bar [Petition for Leave to Resume Practice of Law of Dacanay, B.M. No. 1678
(2007)].

4. Appearance of non-lawyers

General rule: Only members of the bar can appear and handle cases in court

Exceptions: The following are also allowed in exceptional circumstances:

a. Law students;
b. By an agent/friend;
c. By the litigant himself.

Can practice law Cannot practice law Limited or conditional

(exempted from practice of law
MCLE also)
President, Congressman,
Secretaries, Senator, SB, SP
Undersecretaries
Absolute 1. No senator or
prohibition on member of the
public officials House of
who cannot Representatives
practice law may personally
1. Judges and appear as
other officials or counsel before
employees of any court of
superior courts as justice or before
[Sec. 35, Rule the Electoral
148, RoC]; Tribunals, or
2. Officials and quasi judicial and
employees of the other
Office of the administrative
Solicitor General bodies [Sec. 14,
[Sec. 35, Rule Art. VI, 1987
148, RoC]; 3. Constitution]
Government - The word
prosecutors [Lim- “appearance”
Santiago v. includes not
Sagucio, A.C. No. only arguing a
6705 (2006)]; case before
4. President, any such
vice-president, body, but also
cabinet members, filing a
their deputies and pleading on
assistants [Sec. behalf of a
15, Art. VII, 1987 client [Ramos
Constitution]; v. Manalac,
5. Chairmen and G.R. No. L-
members of 2610 (1951)].
constitutional - Neither can he
commissions allow his name to
[Sec. 2, Art. IX-A, appear in the
1987 pleading as part
Constitution]; of a firm name,
6. Members of because the
the Judicial and office of an
Bar Council [Sec. attorney being
2, Art. IX-A, 1987 originally of
Constitution]; 7. agency, amounts
Ombudsman and to the signing of a
his deputies [par. non qualified
2, Sec. 8 (2), Art. senator or
X, 1987 congressman [In
Constitution]; Re: David, AM
8. All governors, No. 98 (1953)].
city and municipal
mayors [Sec. 2. Sanggunian
90(a), R.A. No. members may
7160]; practice law
9. Civil service except during
officers or session hours
employees and provided they
whose duties shall not:
require them to a. Appear as
devote their counsel before
entire time at the any court in any
disposal of the civil case wherein
government [Catu a local
v. Rellosa, A.C. government unit
No. 5738 (2008)]; or any office,
10. Those who, agency, or
by special law, instrumentality of
are prohibited the government is
from engaging in the adverse
the practice of party;
their legal b. Appear as
profession. 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;
c. Collect any fee
for their
appearance in
administrative
proceedings
involving the local
government unit
of which he is an
official; and
d. Use property
and personnel of
the government
except when the
sanggunian
member
concerned is
defending the
interest of the
government [Sec.
90(b), R.A. No.
7160].

3. Under Sec. 1,
R.A. No. 910, the
pension of
justices therein is
provided with a
condition
that no retiring
justice, during the
time that he is
receiving said
pension shall:
a. Appear as
counsel before
any court in
any civil case
wherein the
Government or
any subdivision
or instrumentality
thereof is the
adverse party;
b. In any criminal
case wherein and
officer or
employee of the
government is
accused of an
offense
committed in
relation to his
office; or
 c. Collect any fee
for his
appearance in
any
administrative
proceedings to
maintain an
interest adverse
to the
Government,
insular, provincial
or municipal, or to
any of its legally
constituted
officers.

4. There are civil

employees
whose duty do
not require that
their entire time
be at the disposal
of the
government.
Absent any
express
prohibition in law,
they can practice
law, provided
they secure a
written permit
from their
department head
[Zeta v. Malinao,
AM. No P-
220(1978)].

Lawyers without
authority Note: the office must
be used or tied for
Persons not the commission of
lawyers the crime
GR: Bawal
EXC: 1. Student
practitioner
2. in person by
himself in MTC
3. counsel de parte

General Rule:
The appointment
or election of an
attorney to a
government office
disqualifies him
from engaging in
the private
practice of law.

Under Sec. 7(b),

R.A. No. 6713
(Code of Conduct
and Ethical
Standards for
Public Officials
and Employees),
public officials
and employees
during their
incumbency shall
not:
2. Engage in the
private practice of
their profession
unless authorized
by the
Constitution or
law, provided that
such practice will
not conflict or
tend to conflict
with their official
functions;

These
prohibitions shall
continue to apply
for a period of 1
year after
resignation,
retirement or
separation from
public office,
except in case of
the second.

The 1-year
prohibition also
applies to
practice of
profession in
connection with
 any matter before
the office he used
to be with.

a. Law student practice [Revised Law Student Practice Rule (Rule 138-A)]

The limited practice of law covers:

1. appearances,
2. drafting and
3. submission of pleadings and documents before trial and appellate courts and quasi-
judicial and administrative bodies,
4. assistance in mediation and other alternative modes of dispute resolution,
5. legal counselling and advice, and
6. such other activities that may be covered by the Clinical Legal Education Program of the
law school. [Sec. 1, Rule 138-A, RoC].

Law Student Practitioner is a law student certified under Section 3 of this Rule [Sec. 2(d), Rule
138-A, RoC].

Law students are required to apply for and secure the following certifications to engage in
activities under the Clinical Legal Education Program (duly recognized)
a. Level 1 certification, for law students who have successfully completed their first-year law
courses; and/ or
b. Level 2 certification, for law students currently enrolled for the second semester of their
third-year law courses: Provided however, where a student fails to complete all their
third-year law courses, the Level 2 certification shall be deemed automatically revoked.

The certification issued shall be valid until the student has completed the required number of
courses in the clinical legal education program to complete the law degree, unless sooner
revoked for grounds stated herein [Sec. 3, Rule 138-A, RoC].

Effects:
 can appear in any civil or criminal case
 without compensation
 treated as a lawyer (privileged communication applies
 supervising lawyer is directly liable
 rules applying to lawyers apply to student practitioners

A law student practitioner may sign briefs, pleadings, letters, and other similar documents
which the student has produced under the direction of the supervising lawyer, indicating the
law student practitioner's certificate number [Sec. 7, Rule 138-A, RoC].

Unauthorized practice of law shall be a ground for:

1. revocation of the law student practitioner's certification and/or
 2. disqualification for a law student from taking the bar examination for a period to be
determined by the Supreme Court
3. supervising lawyer is directly liable

Supervising Lawyer refers to a

- member of the Philippine Bar in good standing
- who is authorized by the law school to supervise the law student practitioner under this
Rule [Sec. 2(e), Rule 138-A, RoC].

The duties of a supervising lawyer are:

1. Supervise such number of certified law student practitioners as far practicable;

2. Personally appear with the law student practitioner in all cases pending before the second-
courts and in all other cases the lawyer determines that his or her presence is required;

3. Assume personal professional responsibility for any work performed by the certified law
student practitioner while under his or her supervision;

4. Assist and advise the certified law student practitioner in the activities authorized by these
rules and review such activities with the certified law student practitioner, all to the extent
required for the proper practical

5. Read, approve, and personally sign any pleadings, briefs or other similar documents
prepared by the certified law student practitioner prior to the filing thereof, and read and approve
any documents which shall be prepared by the certified law student practitioner for execution by
the eligible party

Sec. 34, Rule 138, RoC is clear that appearance before the inferior courts by a non lawyer
is allowed, irrespective of whether or not he is a law student. Thus, a law student may
appear under the circumstances of Sec. 38, as an agent or a friend of a party litigant,
without complying with the requirements of Rule 138- A, e.g., supervision of a lawyer

b. Non-lawyers in courts

Pursuant to Sec. 34, Rule 138, RoC, in any court, a party may conduct his litigation in person.

1. Before the MTC – A party may conduct his case or litigation:

a. in person with the aid of an agent or
b. friend appointed by him. (counsel de parte)
o The agent or friend is not engaged in the practice of law, since there is no
habituality in the activity and no attorney-client relationship exists.
o When a person conducts his litigation in person, he is not engaged in the practice
of law

c. In any other court – A party may conduct his litigation personally.

- A non-lawyer conducting his own litigation is bound by the same rules in conducting the
trial of his case. He cannot, after judgment, claim that he was not properly represented
[Agpalo (2004)].
  An attorney who is otherwise disqualified to practice law, or has been disbarred or
suspended from practice, can validly prosecute or defend his own litigation, he having as
much right as that of a layman [Danforth v. Egan, 119 N.W. 1021 (1909)].

 Sec. 34, Rule 138, RoC does not distinguish between civil and criminal cases. However,
in criminal cases, the rule is qualified:

- 1. Under Sec. 1(c), Rule 115, RoC, the accused may defend himself in person “when it
sufficiently appears to the court that he can properly protect his rights without the
assistance of counsel.”
- 2. Under Sec. 7, Rule 116, RoC, in determining whether a counsel de officio should be
appointed, or, for that matter, whether a counsel de parte should be required
(conversely, whether the accused should be allowed to defend himself in person), the
gravity of the offense and the difficulty of the questions that may arise should be
considered.

While the right to be represented by counsel is immutable, the option to secure the
services of counsel de parte is not absolute. The court may restrict the accused’s option
to retain a counsel de parte if:
1. He insists on an attorney he cannot afford;
2. He chooses a person not a member of the bar;
3. The attorney declines for a valid reason (e.g., conflict of interest)

In criminal cases, in localities where members of the bar are not available, the court may
appoint any person (i.e., non-lawyer), who is a resident of the province and of good repute for
probity and ability to defend the accused, in lieu of a counsel de officio [Sec. 7, Rule 116, RoC].
- only allowed in the municipal trial court

GR: A juridical person must always appear in court through a duly licensed member of the
bar,

EXC: in the MTC where it may be represented by a non-lawyer agent (authorized)

Non-lawyers in administrative tribunals and labor tribunals

1. before the NLRC or any Labor Arbiter if

a. they represent themselves, or
b. they represent their organizations members

2. Cadastral Act),
a. a claimant may appear by himself, or
b. by some person on his behalf,
= before a cadastral court.

3. Comprehensive Agrarian Reform Law

responsible farmer leaders shall be allowed to represent themselves, their fellow
farmers, or their organizations in any proceedings before the DAR
Proceedings where lawyers are prohibited from appearing
1. In small claims cases
- no attorney shall appear on behalf of or represent a party at the hearing,
- unless:
1. the attorney is the plaintiff or defendant
2. If the court determines that a party cannot properly present his/her claim or defense
and needs assistance, the court may, in its discretion, allow another individual who is not
an attorney to assist that party upon the latter's consent

2. In all katarungang pambarangay proceedings

- the parties must appear in person without the assistance of the counsel or
representative, except for minors and incompetents who may be assisted by their next of
kin who are not lawyers

Prohibited practice of non-lawyer and appearance without authority

For BOTH persons who are not lawyers AND lawyers who appear without authority, the
following may be availed of:

1. Petition for injunction

2. Declaratory relief
3. Contempt of court [Sec. 3 (e), Rule 71, RoC]
4. Administrative complaint against the erring lawyer or government official
5. Criminal complaint for estafa against the person who falsely represented himself as a
lawyer to the damage of another
6. Public officials and practice of law
a. Prohibition or disqualification of former government attorneys

Note: Revolving Door Prohibition

Ex. I am in the BoC. I stayed for 1 year. After 1 year, I will handle customs cases exploiting
my connections my knowledge during my BoC days
Extent of a lawyer’s authority to appear
- til death or disbarment til you part

Lawyers authorized to represent the government

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, RoC].

Lawyer’s oath
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 [Sec. 17, Rule 138, RoC].

The lawyer's oath is not a mere ceremony or formality for practicing law. Every lawyer
should at all times weigh his actions according to the sworn promises he makes when taking
the lawyer's oath [In re: Argosino, supra].