Admission to Practice

A.

Judicial Control

a.

Admission to practice a judicial function

The power to admit applicants to the practice of law is judicial in nature and
involves exercise of judicial discretion.

The authority to decide who may be admitted to the bar naturally or logically
belongs to to the judiciary represented by the Supreme Court

Any legislative or executive judgment substituting that of the Supreme Court

in matters concerning the admission to the practice of law or the suspension,
disbarment or reinstatement of an attorney infringes upon and constitutes an
invalid exercise of the legislative power.
b.

Legislative Power to repeal, alter or supplement

The legislature may enact laws with respect to first requisite for the
admission to the bar, that there be previously established rules and principles that
applicants should observe.

The legislature may pass a law prescribing additional qualifications for

candidates of admission to practice or filling up deficiencies in the requirements for
admission to the bar.

The legislature has no power to grant a layman the privilege to to practice

law nor to control supreme court to decide who should be admitted to practice

The legislature may enact a law declaring illegal and punishable

unauthorized practice of law.
c.

Executive Power in relation to practice

The chief executive cannot admit a person to the practice of law nor can he
modify the rules concerning admission to the bar.
d.

Prescribing standards for law school

The CHED exercises regulatory power over practice of law schools.

B.

What constitutes practice of law

a.

Practice of law, generally

It embraces any activity, in or out of the court, which requires the application
of law, legal principle, practice or procedure and calls for legal knowledge, training
and experience.

It involves carrying on the calling of the attorney, usually for gain, acting in a
representative capacity and rendering service to another.

It includes legal advice and counseling and preparation of legal instruments

and contracts by which legal rights are secured

Licensed atty-at-law:

o Legal advice and instructions to clients to inform them of their rights and
obligations
o Preparation for clients of documents requiring knowledge of legal principles not
possessed by ordinary layman
o Appearance for clients before public tribunals which possess power and
authority to determine rights of life, liberty and property according to law, in order
to assist in the proper interpretation and enforcement of law

Participates in a trial and advertises himself as a lawyer

Confers with clients and advises them of their legal rights

for it

Renders opinion as to the proper interpretation of a statute and receives pay

Presupposes that there is an attorney-client relationship.

b.

Characteristics of term practice of law

The phase practice of law implies customarily or habitually holding oneself

out to the public for compensation as a source of livelihood or in consideration of his
service.

Private practice is more than an isolated appearance for it consists of

frequent or customary actions, a succession of acts of the same kind.
c.

Representation before the court

The practice of law is the rendering of services to a person, natural or

juridicial, in court of justice on any matter pending therein through its various
stages and in accordance with establishoed rule of procedure. Includes:
o

Appearance before the court

Preparation and filing of a pleading, motion, memorandum

o Conduct of litigation i.e. determination of the procedural steps to be taken, the

examination of witnesses, presentation of evidences or exhibits, management and
control of the proceedings in court
d.

Representative before other agencies

Generally, the appearance before any quasi-judicial, administrative or

legislative agency, which calls for the interpretation and application of laws and
presentation of evidence to establish certain facts, contributes practice of law

The fact that service is quasi-judicial or administrative agency and not before
the court is immaterial to the question as to whether the service constitutes
practice of law because the character of the service and not the place where it is
performed, is the decisive factor determinative of that question.
e.

Activity outside the court

It embraces the giving of legal advice on a large variety of subjects,

conveyancing and the preparation and execution of legal instruments covering an
extensive field of business and trust relations and any other affairs,

Criteria enumerated by the Commission on Appointments as determinative

of engaging in the practice of law:
o

Habituality

More than an isolated appearance, for it consists in frequent or customary action,

a succession of acts of the same kind.
o

Compensation

If compensation is expected, all advice to clients and all action taken for them in
matters connected with the law are practicing law.
o

Application of law, legal principle, practice or procedure

Which calls for legal knowledge, training and experience is within the term
practice of law
o

Attorney-Client Relationship

Where a lawyer undertakes an activity which requires knowledge of law but

involves no attorney-client relationship (teaching, writing books) he cannot be said
to be engaged in the practice of his profession.
C.

Who May Practice Law

a.

Persons entitled to practice law, generally.

Must be admitted to the bar

Furnishing satisfactory proof of educational, moral and other qualification

Passing the bar examinations

Taking the lawyers oath before the supreme court itself

Signing the roll of attorneys and receiving from the clerk of court of the Supreme
court a certificate of the license to practice

Must remain in good and regular standing, continuing requirement for the
practice of law.
1.

Remain a member of the IBP

2.
Regularly pay all IBP membership dues and other lawful assessments, as well
as the annual privilege tax
3.

Faithfully observe the rules and ethics of the legal profession

4.

Continually subject to judicial disciplinary control

b.

Right and privilege to practice

The practice of law is not a natural, property or constitutional right but a mere
privilege.
It is in the nature of a franchise conferred only to merit which must me be
earned by hard study, learning and good conduct. It is a privilege accorded only to
those who measure up to certain rigid standards of mental and moral fitness.
No court can deny an attorney of the right to appear it for a party litigant, in the
absence of valid statutory limitation of ground disqualifying him to practice.
The practice of law is in the nature of a right which cannot be lightly or
capriciously restricted or taken away from him.
c.

Practice without examination

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


Those who are comprehended in and take advantage of the provision which
states that applicants for admission who, being a Filipino citizen, are enrolled
attorneys is good standing in the supreme court in the united states, who can show
satisfactory certificates that they had practice before july 4, 1946 and that they
have never been suspended or disbarred, may in the discretion of the Court, be
admitted without examination.
d.

Practice without admission

In the municipal trial court, a party may conduct his litigation with the aid of
an agent of friend appointed by him for that purpose.
o A layman should confine his work to non-adversary contentions. Should not
undertake purely legal work such as cross examination
o

The service should not be habitually rendered

Should not collect attorneys fee

e.

Right of the party to represent himself

Individual litigant in a civil case has the right to conduct his own litigation
personally. However, he may not be heard to complain later that he has been
deprived of the right to assistance of counsel.
f.

Practice by corporation

Corporations can hire attorney to attend to and conduct its own legal
business and affairs.