Legal Profession(Coquia)

- In the Philippines there are three legal systems from which the laws are based : Roman civil law and
Canon Law, English Common Law, and Islamic law.
- The pre-colonial Philippines had its own custom law which the colonial governments ignored when they
imposed their legal institutions.
- First law school of the Philippines is the University of Santo Tomas 1734
- Philippine law schools largely follow the American Law school model
- Law is an all pervasive element of a people's culture.It touches every aspect of their lives, reaching out to
the unborn child and beyond the grave.
- The law teacher is the first model the law students see of what a member of the legal profession ought to
be.
- A profession involves the pursuit of a learned art of mastery of which requires training and superior
intellectual ability.
- Public responsibilities of a member of a learned profession should be considered with his relationship
with : (1) to his client (2) to his profession and (3) to the public
- The Canons of Professional Ethics undertake to codify in convenient form the traditions and practice that
have been recognized over the centuries as part of the common law with respect to lawyer's obligations to
the courts and the administration of justice, to the public and his client, and to his profession and his fellow
practitioners.
- Justice Holmes : The life of law has not been logic; it has been experience.
- The bar examinations are tests of student's knowledge of the law in almost all areas, divided into subjects
-civil law, political law, international law, criminal law, commercial law, remedial law, taxation, labor law and
legal ethics.
- Legal education must strive to train law students not only as pure legal technicians but also as responsible
citizens cognizant of the social, economic, and political malaise gripping society at large.
- Law taught as a social science involves not only a continuing process of advancing societal goals but also
a noble affirmation of the lawyer's role as society's guardian of public interest.

Supervision and Control of the Legal Profession

Article VIII Sec 5.5 of the Constitution
- Empowered the Supreme Court to promulgate rules concerning:

1. Constitutional rights
2. Pleadings
3. Admission to the Practice of Law
4. Procedure in Courts
5. Integrated Bar
6. Legal Assistance to the underprivileged

The Supreme Court has the exclusive and constitutional power with respect to admission to the
practice of law in the Philippines and any member of the Philippine Bar in good standing may
practice law anywhere and before any entity, whether judicial or quasi judicial or administrative, in
the Philippines.

The legislature in the exercise of its police power may, however enact laws regarding the
practice of law to protect the public and promote the public welfare. But the legislature may
not pass a law that will control the Supreme Court in the performance of its function to
decide who may enjoy the privilege of practicing law, and any law of that kind is
unconstitutional as an invalid exercise of a legislative power. (In re Cunanan)
 The Supreme Court has the inherent power to integrate the Philippine Bar in the exercise of
its power to promulgate rules concerning pleading, practice and procedure in all courts and
the admission to the practice of law.

a. Integration is not violative of freedom of association because it does not compel a

lawyer to become a member of any group. Lawyers are not compelled to attend
meetings or participate in activities, the only compulsion is the payment of annual
dues.
b. Not violative of freedom of speech just because of the dues paid by a lawyer may
be used in other programs ' the lawyer is free to voice out his opposition.
c. Dues exacted is not in the nature of a levy but is purely for purposes of regulation.
( in Re IBP)

- RA 6397 Integration of the Philippine Bar - the official unification of the entire lawyer population of
the Philippines.

The purposes of the Integration of Bar:

1. Assist in the administration of justice

2. Foster and Maintain the high ideals of professionalism, public service and conduct of members
3. Safeguard professional interests of the members
4. Cultivate brotherhood
5. Provide forum for discussion of law
6. Encourage and foster legal education
7. Promote legal research
8. Enable the bar to discharge its public responsibility effectively

Practice of Law

Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. To engage in the practice of law is to perform
those acts which are characteristics of the profession. Generally, 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. (Cayetano v Monsod )

Persons entitled to the Practice of Law

Before being admitted to the bar, an applicant must satisfy the requirements consisting of the
following:
1. Must be a Filipino citizen
2. At least 21yrs
3. Of good moral character
4. A resident of the Philippines
5. Must produce before the supreme Court evidence of good moral character and no charges
against him involving moral turpitude have been filed or are pending in any court of the
Philippines.

On the matters of morality

 The court upheld the principle of maintaining the good morals of all Bar members, keeping
in mind that such is of greater importance so far as the general public and the proper
administration of justice are concerned, than the possession of legal learning. Hence he was
asked by the court to produce evidenced that would certify that he has reformed and have become
a responsible member of the community through sworn statements of individuals who have a good
reputation for truth and who have actually known Mr. Argosino for a significant period of time to
certify he is morally fit to the admission of the law profession. (In re Argosino)

Necessary additional requirements:

1. Educational qualification - Sec 5 Rule 138
2. Moral and Personal qualification
3. Bar passer
4. Lawyer's oath
5. Sign in the Roll of attorneys
6. Receive the license from Clerk of SC

After admission:
1. Good and regular standing
2. MCLE

-Sec 3, Rule 138 ROC-

Citizens of the United States of America who before July 4, 1946, were duly licensed members of
the Philippine Bar, in active practice in the courts of the Philippines and in good and regular
standing as such, may upon satisfactory proof of these facts before the Supreme Court, be allowed
to continue such practices after taking the oath of office.

Non Lawyers who may practice law:

1. A party may conduct his litigation personally or with the aid of a friend or agent appointed by
him for that purpose. In case of the latter, such is allowed only if the representation is made
before the inferior courts (MTCs). But the agent or friend may not hold himself out as habitually
engaged in representing a party for that will constitute unauthorized practice of law. Moreover,
in criminal cases, if a party cannot afford the services of a counsel de party, he shall be
provided a counsel de officio.
2. In localities where a duly licensed member of the bar is not available, the municipal trial court
hearing a criminal case may, in its discretion admit or assign a person( who is not a member of
the bar),resident of the province and of good refute for probity and ability, to aid the defendant
in his defense.
3. Under the Labor Code, a union representative may appear for his organization or any of its
members before the NLRC, Labor Arbiter or Arbitrator.
4. A person representing a land claimant in cadastral court
5. Law Student ( Rule 138-A)
6. In case of those authorized to represent the government.

Public officials prohibited from engaging in private practice of law:

1. judges and other officials or employees of court

2. Officials and employees of the Office of the Solicitor General
3. Government prosecutors
4. President, Vice President, members of the cabinet, their deputies and assistants
5. Members of the Constitutional commission
6. Ombudsman and his deputies
7. All governors, city and municipal mayors
8. Those who by special law are prohibited from engaging in the practice of their profession

Rules of Court ( Rule 138 Sec 1- 19 )

Section 1. Who may practice law. Any person 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.

Section 2. 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 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.

Section 3. Requirements for lawyers who are citizens of the United States of America.
Citizens of the United States of America who, before July 4, 1946, were duly licensed members of
the Philippine Bar, in active practice in the courts of the Philippines and in good and regular
standing as such may, upon satisfactory proof of those facts before the Supreme Court, be allowed
to continue such practice after taking the following oath of office:

I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice of law in the

Philippines, do solemnly swear that I recognize the supreme authority of 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 may knowledge and discretion with all good fidelity as well as to the courts
as to my clients; and I impose upon myself this voluntary obligation without any mental reservation
or purpose of evasion. So help me God.

Section 4. Requirements for applicants from other jurisdictions. Applicants for admission
who, being Filipino citizens, are enrolled attorneys in good standing in the Supreme Court of the
United States or in any circuit court of appeals or district court therein, or in the highest court of any
State or Territory of the United States, and who can show by satisfactory certificates that they have
practiced at least five years in any of said courts, that such practice began before July 4, 1946, and
that they have never been suspended or disbarred, may, in the discretion of the Court, be admitted
without examination.

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.

No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the
following courses in a law school or university duly recognized by the government: civil law,
commercial law, remedial law, criminal law, public and private international law, political law, labor
and social legislation, medical jurisprudence, taxation and legal ethics.
Section 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.

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.

Section 9. Examination; subjects. Applicants, not otherwise provided for in sections 3 and 4
of this rule, shall be subjected to 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).

Section 10. Bar examination, by questions and answers, and in writing. Persons taking the
examination shall not bring papers, books or notes into the examination rooms. The questions shall
be the same for all examinees and a copy thereof, in English or Spanish, shall be given to each
examinee. Examinees shall answer the questions personally without help from anyone.

Upon verified application made by an examinee stating that his penmanship is so poor that it will
be difficult to read his answers without much loss of time., the Supreme Court may allow such
examinee to use a typewriter in answering the questions. Only noiseless typewriters shall be
allowed to be used.

The committee of bar examiner shall take such precautions as are necessary to prevent the
substitution of papers or commission of other frauds. Examinees shall not place their names on the
examination papers. No oral examination shall be given.

Section 11. Annual examination. Examinations for admission to the bar of the Philippines
shall take place annually in the City of Manila. They shall be held in four days to be disignated by
the chairman of the committee on bar examiners. The subjects shall be distributed as follows: First
day: Political and International Law (morning) and Labor and Social Legislation (afternoon);
Second day: Civil Law (morning) and Taxation (afternoon); Third day: Mercantile Law (morning)
and Criminal Law (afternoon); Fourth day: Remedial Law (morning) and legal Ethics and Practical
Exercises (afternoon).

Section 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.
Section 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 provisions, 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.

Section 14. Passing average. In order that a candidate may be deemed to have passed his
examinations successfully, he must have obtained a general average of 75 per cent in all subjects,
without falling below 50 per cent in any subjects. In determining the average, the subjects in the
examination shall be given the following relative weights: Civil Law, 15 per cent; Labor and Social
Legislation, 10 per cent; Mercantile Law, 15 per cent; Criminal Law; 10 per cent: Political and
International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent; Legal Ethics and
Practical Exercises, 5 per cent.

Section 15. Report of the committee; filing of examination papers. 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. The examination papers and notes of the committee shall
be filed with the clerk and may there be examined by the parties in interest, after the court has
approved the report.

Section 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 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.

Section 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.

Section 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.

Section 19. Attorney's roll. The clerk of the Supreme Court shall kept a roll of all attorneys
admitted to practice, which roll shall be signed by the person admitted when he receives his
certificate.

Criteria for the Practice of Law ( Dissenting Opinion. Padilla,J. Cayetano v Monsod):

1. Habituality - customarily holding of oneself out to the public as a lawyer

2. Compensation - one must have presented himself to be in the active practice and that his
professional services are available to the public for compensation, as a source of his livelihood.
3. Application of law, legal principle, practice or procedure which calls for legal knowledge,
training and experience.
4. Attorney - Client Relationship
Lawyer's Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support
the 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, or 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 courts as to my clients; and I impose
upon myself these voluntary obligations without any mental reservation or purpose of evasion. So
help me God.

Law Student's Practice Rule

- 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.
- Appearance of the law student shall be under the direct control and supervision of an IBP member duly
accredited by the law school.
- Rules safeguarding privileged communication between attorney and client shall apply.
- Law students are required to comply with the standards of professional conduct.

Requirements:
1. Must be an incoming fourth year student of the regular 4 year course ( if enrolled in a 5
year program - not allowed)
2. Enrolled in the clinical legal education program
3. Appearance must be pro bono
4. Clients should be indigents
5. Accompanied always by a supervising attorney (physical appearance)