CHAPTER 6 – LEGAL PROFESSION AND LEGAL RESEARCH Oct.

1, 2019
Constitutional and Statutory Basis of Legal Practice be promoted and that the public shall be properly
 The 1987 Constitution provided that practice of all protected against unprofessional, improper,
professions in the Philippines shall be limited to unauthorized and unqualified practice of the legal
Filipino citizen, save in cases prescribed by law. profession and from unprofessional conduct by
 This included the practice of legal profession in the persons licensed to practice law.
Philippines.
Requirements for Admission to the Bar
Section 14 of Article XII of 1987 Constitution:  A citizen of the Philippines
“The sustained development of a reservoir of  At least 21 years of age
national talents consisting of Filipino scientists,  Of good moral character
entrepreneurs, professionals, managers, high-level  A resident of the Philippines
technical manpower and skilled workers and  Must produce before the Supreme Court
craftsmen in all fields shall be promoted by the satisfactory evidence of good moral character
State. The State shall encourage appropriate  No charges against him involving moral turpitude
technology and regulate its transfer for the have been filed or are pending in any court in the
national benefit. The practice of all professions in Philippines.
the Philippines shall be limited to Filipino citizens,
save in cases prescribed by law.” In addition to these requirements, Section 9, Rule 138 of
the Rules of Court states that applicants shall be subjected
 The admission to the bar is indisputable a judicial to an examination in the following subjects:
function by responsibility. The court should have  Political Law (Constitutional Law, Public
the exclusive privilege of admitting persons to the Corporations, and Public Officers)
legal profession because lawyers are officers of  International Law (Private and Public)
the court and because it is demanded by the  Labor and Social Legislation
Doctrine of Separation of Powers.  Civil Law
 The Constitution has given the Supreme Court the  Taxation
authority to promulgate rules concerning the  Mercantile Law
admission to the practice of law in the Philippines  Criminal Law
under Section 5, Article VIII.  Remedial Law (Civil Procedure, Criminal
Procedure, and Evidence)
Section 5, Article VIII of 1987 Constitution:  Legal Ethics and Practical Exercises
“Promulgate rules concerning the protection and
enforcement of Constitutional rights, pleading, Admission and Oath of Successful Applicants
practice, and procedure in all courts, the  An applicant who has passed the required
admission to the practice of law, the integrated examination, or has been otherwise found to be
bar, and legal assistance to the underprivileged…” entitled to admission to the bar, shall take and
subscribe before the Supreme Court the
Pursuant to such authority, the Supreme Court laid corresponding oath of office.
down the rules regarding the qualifications for a  The applicant shall thereupon be admitted as a
person to be admitted to the practice of law in the member of the bar by the Supreme Court. The
Philippines. These rules are contained in the Rules Supreme Court shall direct an order to be entered
of Court. to that effect upon its records, and a certificate of
such record be given to him by the Clerk of Court,
Section 1, Rule 138 of the Rules of Court: which certificate shall be his authority to practice.
“Who may practice law. – Any person heretofore  The person admitted shall sign the roll of all
duly licensed as a member of the bar, or hereafter attorneys when he receives his certificate. The
admitted as such in accordance with the provisions Clerk of Court of the Supreme Court keeps the roll
of this rule, and who is in good and regular of all attorneys admitted to the practice of law in
standing, is entitled to practice law.” the Philippines (IBP, 2002).

Practice of Legal Profession is a Privilege and not a Definition of Practice of Legal Profession
Natural Right Practice of Law
 Recognizing that the practice of legal profession is  The rendition of services requiring the
a privilege and not a natural right of individuals, it knowledge and the application of legal principles
is necessary as a matter of policy and in the and technique to serve the interest of another
interests of public safety and welfare to provide with his consent. (Black’s Law Dictionary)
laws and provisions covering the granting of that  The practice of law is not limited to the conduct of
privilege and its subsequent use and control, and to cases in court. A person is also considered to be in
provide regulations to the end that the public shall the practice of law when he engages in the
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CHAPTER 6 – LEGAL PROFESSION AND LEGAL RESEARCH Oct. 1, 2019
business of advising person, firms, etc., or found and reach a conclusion or formulate an
appears in a representative capacity as an argument based on it is just as essential.
advocate in proceedings pending or prospective,
in such representative capacity performs any Standard of Legal Research Required
act or acts for the purpose of obtaining or  A lawyer shall keep abreast of legal
defending the rights of their clients under the developments, participate in MCLE programs,
law. (Land Title Abstract v. Dworken) support efforts to achieve high standards in law
 The practice of law is not limited to the conduct of schools as well as in the practical training of law
cases or litigation in court; it embraces the students and assist in disseminating information
preparation of pleadings and other papers incident regarding the law and jurisprudence. (Canon 5
to actions and special proceedings on behalf of of Code of Professional Responsibility)
clients before judges and courts, and in addition,  In line with these objectives of the IBP, lawyers
conveyancing. (Phil. Lawyers Assoc. v. Agrava) must keep themselves abreast of legal
 Practice of law means any activity, in or out of developments. To do this, the lawyer must walk
court, which requires the application of law, legal with the dynamic movements of the law and
procedure, knowledge, training and experience. jurisprudence. He must acquaint himself at least
 “To engage in the practice of law is to perform with the newly-promulgated laws, the recent
those acts which are characteristics of the decisions of the SC and of the significant
profession. Generally, to practice law is to give decisions of the CA. There are other Eos, ACs,
notice or render any kind of service, which device regulations and other rules promulgated by other
or service requires the use in a decree of legal competent authorities engaged in the
knowledge or skill.” (Ulep v. The Legal Clinic administration of justice. The lawyer’s life is one
Inc., citing Cayetano v. Monsod) of continuous and laborious study, otherwise, his
 The practice of law is not limited to the conduct of skill and knowledge of the law and related
cases in court. It includes legal advice and disciplines will lag behind and become obscure
counsel, and the preparation of legal due to obsoleteness. (Canon 5 of Code of
instruments and contracts by which legal rights Professional Responsibility)
are secured, although such matter may or may not
be pending in court. Legal Research Suspended for Sloppy Job
 In the practice of his profession, a licensed In Domingo Regala v. Sultan (A.M. No. P-05-1940), the
attorney at law engages in three principal types Supreme Court through Justice Chico-Nazario decided the
of professional activity: case as follows:
1. Legal advice and instructions to clients  Judge Leah Domingo Regala, RTC Branch 226,
to inform them of their rights and QC, has charged Ms. Sultan, Legal Research of the
obligations; same court, with Inefficiency, Habitual
2. Preparation for clients of documents Absenteeism, Tardiness, Falsification of Daily
requiring knowledge of legal principles; Time Record, Dishonesty, and Conduct
3. Appearance for clients before public Prejudicial to the Service.
tribunals in order to assist in proper  Ruling of the Court: With respect to the charge of
interpretation and enforcement of law. incompetence, complainant claims that Ms. Sultan
cannot carry out proper legal research, that is, she
Legal Research is an Essential Lawyering Skill cannot find cases in point; neither can she can
 The ability to conduct legal research is essential come up with the latest jurisprudence on the
for lawyers, regardless of area or type of practice. subject matter assigned to her and instead copies
The most basic step in legal research is to find the verbatim from textbooks.
leading case governing the issues in question.  Judge Regala finds respondent not suited for the
 As most legal researchers know, this is far more job. Judge Regala maintains that Ms. Sultan is
difficult than it sounds because of the ff. reasons: slow to learn, requires frequent instructions,
1. Often the issues are not correctly and finds difficulty in adjusting herself to new
identified, or some issues are missed tasks, methods and details of work.
altogether,  Apropos her alleged incompetence, respondent
2. The law is constantly changing. Recent claims that as a law graduate, she at least has the
decisions of the Supreme Court of the basic knowledge of law and legal research.
Philippines clearly show the fluidity of Respondent stresses that in any task assigned to
legal doctrine. her, she tries to fulfill it to the best of her abilities.
3. In many areas there are conflicting  Respondent admits that at times she commits
decisions, or no binding authority. errors; she discloses that she was looking forward
 Finding the law is an important part of legal to the guidance and tutelage of Judge Regala in
research, but the ability to analyze what you have order to enhance her work.
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