13.Q: What branch of the government has the power to admit persons in the practice of law?(1995 Bar Q estion!

A: The Constitution vests the power of control and regulation in the Supreme Court. The constitutional power to admit candidates to the legal profession is a judicial function and involves the exercise of discretion. Petition to that end is filed with the Supreme Court as are other proceedings invoking judicial function. ( n !e: Almacen" #.!. $o. %&'()*+" ,e-. ./" .0(12 1".Q: #an the legislat re enact laws to reg late the practice of the law? A: $o. t is noteworth3 that unlike the .04* and .0(4 Constitution" the .0/( Constitution no longer provides for the power of the legislature to repeal" alter and supplement the !ules promulgated -3 the Supreme Court. 5owever" the legislature" in the exercise of police power ma3 enact laws regulating the practice of law to protect the pu-lic and promote pu-lic welfare. 15.$he initial re% irements for admission to the bar. 6nder Sections '" * and ) of !ule .4/" the applicant must -e: (#&1'()*+,-.! .. Citi7en of the Philippines8 '. At least '. 3ears of age8 4. 9f #ood moral character8 +. !esident of the Philippines8 *. :ust produce -efore the SC satisfactor3 ;vidence of good moral character8 ). $o charges against him" involving moral turpitude" have -een filed or are pending in an3 court in the Philippines (Sec. '" !ule .4/" !!C28 (. :ust have complied with the Academic re<uirements8 /. :ust Pass the -ar examinations 0. Take the law3er=s 9ath8 and .1. Sign the !oll of Attorne3s. 1/.,hilippine .hari0a Bar >: Att3. :elendre7 filed a petition to dis<ualif3 :eling from taking the -ar exams and to impose disciplinar3 penalt3 as a mem-er of the Philippine Shari?a @ar. 5e alleges that :eling" in his application to take the -ar" failed to disclose the fact that he has 4 pending criminal cases. Also" :eling has -een using the title AAttorne3B in his communications as secretar3 to the :a3or. Should :eling -e dis<ualified from admission to the -arC A: :eling?s deli-erate silence and non&revelation of his pending criminal cases constitute concealment. The disclosure re<uirement is imposed to determine whether there is satisfactor3 evidence of good moral character of the applicant. @3 concealing the existence of such cases" the applicant flunks the test of fitness even if the cases are ultimatel3 proven unwarranted or insufficient to impugn or affect the good moral character of the applicant. >: :a3 sanctions -e imposed on :eling as mem-er of the Philippine Shari?a @arC A: t was highl3 improper for :eling" as mem-er of the Shari?a @ar" to use the title BAttorne3B. 9nl3 mem-ers of the Philippine -ar" who have o-tained the necessar3 degree in the stud3 of law and successfull3 passed the -ar exams" -een admitted to the @P and remain mem-ers in good standing are authori7ed to practice law and thus use the title. :eling was suspended from mem-ership in the Philippine Shari?a @ar. ( n the :atter of the Dis<ualification of @ar ;xaminee 5aron S. :eling" @.:. $o. ..*+" Eune /" '11+