WHO MAY PRACTICE LAW?

Comity clause- (In re Shoop, 41 Phil 213)

Any person who: Applicants for admission who have been
admitted to practice in the Supreme
- Has been duly licensed as a MEMBER OF THE BAR Court of the United States or in any
with statutory requirements and who is in good circuit court of Appeals or district court
and regular standing.
therein, or in the highest court of any
1. He must be admitted to the bar.
state or territory of the United States,
a. Satisfactory proof of educational, moral and
other qualification. which state or territory by comity
b. Passing the bar examinations confers the same privileges on attorneys
c. Taking the lawyer’s oath before the SC admitted to practice in the Philippine
d. Signing the roll of attorneys and receiving Islands, and who can show by
from the clerk of court of the SC a certificate satisfactory affidavit that they have
of the license to practice. practiced at least 5 years in any of said
2. He must remain in good and regular standing courts, may , in the discretion of the
a. He must remain a member of the IBP Court, be admitted without
b. Regularly pay all IBP membership dues and
examination.
other lawful assessments and annual privilege
tax.
c. Faithfully observe the rules and ethics of legal 2. Applicants for admission who, being Filipino
profession citizens, are enrolled attorneys in good standing in
d. Be continually subject to judicial disciplinary the SC of the United States or in any circuit court
control. of appeals or district court therein, or in the
highest court of any State or Territory of the
NOTE: Only those who are COMPETENT, HONORABLE and United States, and who can show by satisfactory
RELIABLE may practice law and every lawyer must pursue certificates that they have practiced before July 4,
only the highest standards in the practice of his calling. 1946, and that they have never been suspended or
disbarred.
Right and privilege to practice law

- The practice of law is a privilege and to some Practice without admission.

degree, a right. - In Municipal Trial Court, a party may conduct his
litigation with the aid of an agent or friend
Practice without examination. appointed by him for that purpose.
- The privilege to practice law is reserved to Filipino A municipal trial court may in its discretion admit
citizens who have passed the required bar or assign a person, resident in the province and of
examinations. The Rules of Court provides two good repute for probity and ability, to defend the
exceptions. accused in his defense, although the person so
1. Citizens of the United States who, before July assigned be not a duly authorized member of the
4,1946, were duly licensed members of the bar.
Philippine Bar, in active practice in the courts of A layman is permitted by the SC to appear for
the Philippines and in good and regular standing. another only in the municipal or metropolitan trial
EXPLANATION: During the American regime, some court.
American lawyers were admitted to practice
without examination pursuant to the COMITY THREE LIMITATIONS should be observed in order
CLAUSE of the then RULES OF EXAMINATION OF that the appearance of a layman on behalf of
CANDIDATES FOR ADMISSION TO THE PRACTICE another as authorized by law may be reconciled
OF LAW or in accordance with the then existing with the rules of practice of law.
law. 1. A layman should confine his work to non-
adversary contentions.
- He should NOT undertake purely legal work
(presentation of evidences, cross-examination of
witnesses)
2. The services should NOT be habitually
rendered
3. A layman should NOT charge or collect
attorneys’ fees.
 Right of party to represent himself appearing as “counsel before any court of
- An individual litigant in a CIVIL CASE has the right justice or before the Electoral Tribunals, or
to conduct his litigation personally. quasi-judicial and other administrative bodies.
NOTE: He is still bound by the same rules of
procedure and evidence as those applicable to a - What is prohibited is to “PERSONALLY APEAR” in
party appearing through counsel. court and other bodies.
- In criminal cases involving grace and less grave IT INCLUDES:
offenses, an accused who is a layman MUST always - Arguing a case
appear by counsel; HE CANNOT CONDUCT HIS - Filing a pleading on behalf of a client
OWN DEFENSE, as his right to counsel may NOT be - Simply filing a formal motion, plea or answer
waived without violating his right to due process of
law. “quando aliquid prohibitur ex directo, prohibitur et
per obliquum” – What is prohibited directly is
Practice by corporation prohibited indirectly.
GR: A corporation CANNOT engage in the practice
of law. B) Members of SANGGUNIAN may engage in the
REMEDY: Hire an attorney to attend to and practice of law, EXCEPT:
conduct its own legal business or affairs. 1. They shall not appear as counsel before any
court in any civil case wherein a LGU or any
Person authorized to represent the government. office, agency or instrumentality of the
- ANY official or other person appointed or government is the adverse party
designated in accordance with law to appear for 2. They shall not appear as counsel in any
the Government of the Philippines or any of its criminal case wherein an officer or employee
officials shall HAVE ALL THE RIGHTS OF A DULY of the national or local government is accused
AUTHORIZED MEMBER OF THE BAR to appear in of an offense committed in relation to his
any case in which the government has an interest, office
direct or indirect, or in which such official is 3. They shall not collect any fee for their
charged in his official capacity. appearance in administrative proceedings
involving the local government unit of which
Disability of public officials to practice. he is an official
GR: The appointment or election of an attorney to 4. They shall not use property and personnel of
a government office DISQUIALIFIES him from the Government EXCEPT when the sanggunian
engaging in the private practice of law. member concerned is defending the interest
of the government.
REASON: A public office is a public trust. They are C) A civil service officer or employee whose duty
not obliged only to perform his duties with the or responsibility does not require his entire
highest degree of responsibility, integrity, loyalty time to be at the disposal of the Government
and efficiency BUT ALSO WITH EXCLUSIVE may NOT engage in the private practice of law
FIDELITY. WITHOUT the written permit from the head of
the dept. concerned. Thus, he may, with such
INTENTION: written permit, may exercise his profession as
- To preserve the public trust in a public office a lawyer.
- avoid conflict of interests D) Members of the sangguniang panlalawigan,
- Assure people of impartiality. sangguiniang panlungsod or sangguiniang
bayan may practice their professions, engage
FOLLOWING MAY BE DISQUALIFIED TO PRACTICE in any occupation, or teach in schools except
LAW: during session hours.
- Members of the bar E) Governors, mayors, provincial board members
- Judges and other officials or employees of the and councilors.
courts - Since they are excluded from any prohibition, the
- Members of the Solicitor General presumption is that they are allowed to practice
- Members of the cabinet their profession because they are not mandated to
serve full time.
Who are the public officials who may practice law? F) Punong barangay, however, he should have
procured prior permission or authorization
A) Member of the Legislature is NOT ASOLUTELY from the head of his Dept. as required by civil
prohibited from engaging in the practice of his service regulations.
profession. He is only PROHIBITED from
 NOTE: A lawyer in Government Service who is not
prohibited to practice law must secure prior
authority from the head of his department.

FAILURE to comply with Sec. 12, Rule XVIII of the

Revised Civil Service Rules constitutes a violation
of his oath as a lawyer” to obey the laws.

Liability for unauthorized practice.

- Any other person, including a disbarred attorney
until his re-admission or a suspended lawyer
during his suspension, is PROHIBITED from
engaging in the practice of law.
- A person who assumes to be an attorney is liable
for contempt of court. A person who falsely
represented himself to be a duly licensed member
of the bar and rendered service in court on behalf
of a litigant for a fee defrauds that litigants and is
liable for ESTAFA.
- A person who obtained title deeds from another
upon the false representation that he was
qualified to represent him in court and who
refused to return such title deeds upon demand is
guilty of ESTAFA.

PUNISBALE by fine or imprisonment or both in the

discretion of the court.

- A government official forbidden to practice law

may be held CRIMINALLY liable for doing so.
- An officer or employee of the civil service, who, as
a lawyer, engages in the private practice of law
WITHOUR a written permit from the dept. head
concerned may be held ADMINISTRATIVELY
LIABLE.
- A lawyer who violates such rule or makes possible
the illegal practice of law by a layman may, in
addition to being held liable for contempt. Be
DISCIPLINED, SUSPENDED or DISCBARRED for
misconduct as an officer of the court.
- A judge is prohibited from engaging in private
practice of law. A judge who violates this
restriction may be administratively held liable in an
administrative chare filed against him for such
misconduct.

Remedies against unauthorized practice.

- Petition for injunction
- Declaratory relief
- Contempt of court
- Petition for disqualification
- Complaints for disbarment
- Administrative complaint against the erring lawyer
or government official.