Requirements before

admission to the bar

or for continuous
practice of law, etc.
Problem Areas in Legal Ethics
Arellano University School of Law Arellano Law Foundation
2015-2016
1

What is practice of law?

The Court ruled that the term practice of law implies
customarily or habitually holding oneself out to the public as a
lawyer for compensation as a source of livelihood or in
consideration of his services. The Court further ruled that
holding ones self out as a lawyer may be shown by acts
indicative of that purpose, such as identifying oneself as
attorney, appearing in court in representation of a client,
or associating oneself as a partner of a law office for the
general practice of law. - Atty. Noe-Lacsaman v. Atty.
Busmente, A.C. No. 7269 [2011]
2

What is practice of law?

Any activity, in and out of court, that requires the application
of law, legal procedure, knowledge, training and experience.
Moreover, we ruled that to engage in the practice of law is to
perform those acts which are characteristics of the
profession; 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. - Query of Atty.
Silverio-Buffe, A.M. No. 08-6-352-RTC [2009]
3

What is practice of law?

The practice of law is not limited to the conduct of cases or
litigation in court; it embraces the preparation of pleadings
and other papers incident to actions and special
proceedings, the management of such actions and
proceedings on behalf of clients before judges and courts, and
in addition, conveyancing.
In general, all advice to clients, and all action taken for them in
matters connected with the law xxx. - Aguirre v. Rana, B. M.
No. 1036. June 10, 2003
4

Who may practice law?

Section 1, Rule 138 of the Rules of Court provides:
Who may practice law. Any person heretofore duly admitted as
a member of the bar, or thereafter admitted as such in
accordance with the provisions of this Rule, and who is in
good and regular standing, is entitled to practice law.
5

Passing the bar exam is not enough

A bar candidate does not acquire the right to practice law simply
by passing the bar examinations. The practice of law is a
privilege that can be withheld even from one who has passed
the bar examinations, if the person seeking admission had
practiced law without a license.
True, respondent here passed the 2000 Bar Examinations and took
the lawyers oath. However, it is the signing in the Roll of
Attorneys that finally makes one a full-fledged lawyer. The
fact that respondent passed the bar examinations is immaterial.
Passing the bar is not the only qualification to become an attorneyat-law. Respo
ndent should know that two essential requisites for
becoming a lawyer still had to be performed, namely: his lawyers
oath to be administered by this Court and his signature in the Roll
of Attorneys. Aguirre v. Rana, B. M. No. 1036. June 10, 2003
6

Signing of the Lawyers Oath is not

equivalent to taking the oath
Respondent Abad should know that the circumstances which
he has narrated do not constitute his admission to the
Philippine Bar and the right to practice law thereafter. He
should know that two essential requisites for becoming a
lawyer still had to be performed, namely: his lawyer s oath to
be administered by this Court and his signature in the Roll of
Attorneys. (Rule 138, Secs. 17 and 19, Rules of Court.) - Re:
Elmo Abad, A. M. No. 139 [1983]
7

Whether or not a lawyer is entitled to

exemption from payment of his IBP dues
during the time that he was inactive in the
practice of law
Thus, payment of dues is a necessary consequence of
membership in the IBP, of which no one is exempt. This means
that the compulsory nature of payment of dues subsists for as
long as ones membership in the IBP remains regardless of
the lack of practice of, or the type of practice, the member is
engaged in.
There is nothing in the law or rules which allows exemption
from payment of membership dues. At most, as correctly
observed by the IBP, he could have informed the Secretary of the
Integrated Bar of his intention to stay abroad before he left. In
such case, his membership in the IBP could have been terminated
and his obligation to pay dues could have been discontinued. Letter of Atty. Cec
ilio Y. Arevalo Jr. B.M. 1370 May 9, 2005
8

Is IBP membership fee

a form of tax?
For the court to prescribe dues to be paid by the members
does not mean that the Court is attempting to levy a tax.
A membership fee in the Bar association is an exaction for
regulation, while tax purpose of a tax is a revenue. If the
judiciary has inherent power to regulate the Bar, it follows that
as an incident to regulation, it may impose a membership fee
for that purpose. It would not be possible to put on an
integrated Bar program without means to defray the expenses.
The doctrine of implied powers necessarily carries with it the
power to impose such exaction. - Letter of Atty. Cecilio Y.
Arevalo Jr. B.M. 1370 May 9, 2005
9

There is no provision under the CPR which

prohibits the unauthorized practice of law
CANON 9 - A lawyer shall not, directly or indirectly, assist in
the unauthorized practice of law.
While a reading of Canon 9 appears to merely prohibit
lawyers from assisting in the unauthorized practice of law,
the unauthorized practice of law by the lawyer himself is
subsumed under this provision, because at the heart of
Canon 9 is the lawyer s duty to prevent the unauthorized
practice of law. - Petition to sign in the Roll of Attorneys,
Medado, B.M. No. 2540 [2013]
10

Examples of unauthorized
practice of law
In the cases where we found a party liable for the unauthorized
practice of law, the party was guilty of some overt act like:
1. signing court pleadings on behalf of his client;
2. appearing before court hearings as an attorney;
3. manifesting before the court that he will practice law despite
being previously denied admission to the bar; or
4. deliberately attempting to practice law and
5. holding out himself as an attorney through circulars with full
knowledge that he is not licensed to do so
.
- Normatan & Pagayokan v. Balajadia, G.R. No. 169517 2006
11

Pre-law requirements
Rule 138 Sec. 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.
12

Violation of Rule 138 section 6

[b]y utilizing the school records of his cousin and name-sake,
Juan M. Publico when, in actual fact, petitioner had not
completed Grade VI of his elementary schooling, much less,
First and Second Year High School.
For all the foregoing, we find and so hold that respondent
falsified his school records, by making it appear that he had
finished or completed Grade VI elementary and First and
Second Year high school, when in truth and in fact he had
not, thereby violating the provisions of Sections 5 and 6,
Rule 127 of the Rules of Court, which require completion by a
bar examinee or candidate of the prescribed courses in
elementary, high, pre-law and law school, prior to his
admission to the practice of law. - In re: Juan Publico,Petition for
Reinstatement in the Roll of Attorneys February 20, 1981
13

Applicant should be ready to

present evidence of good moral
character
When applicants seek admission to the bar, they
have placed their character at issue. Therefore, the
applicant bears the burden of producing
information proving good moral character. Mitchell Simon , Nick Smith and Nicole
Negowetti
14

Grossly immoral act

A grossly immoral act is one that is so corrupt and false as to
constitute a criminal act or so unprincipled or disgraceful as to
be reprehensible to a high degree.It is a willful, flagrant, or
shameless act which shows a moral indifference to the opinion
of respectable members of the community. - Figueroa v.
Barranco, Jr. SBC Case No. 519 1997
15

Is breach of promise to marry

gross immorality?
Respondent was prevented from taking the lawyers oath in 1971
because of the charges of gross immorality made by
complainant.To recapitulate, respondent bore an illegitimate child
with his sweetheart, Patricia Figueroa, who also claims that he did
not fulfill his promise to marry her after he passes the bar
examinations.
We find that these facts do not constitute gross immorality
warranting the permanent exclusion of respondent from the legal
profession.His engaging in premarital sexual relations with
complainant and promises to marry suggests a doubtful moral
character on his part but the same does not constitute grossly
immoral conduct. The Court has held that to justify suspension or
disbarment the act complained of must not only be immoral, but
grossly immoral.- Figueroa v. Barranco, Jr. SBC Case No. 519 1997
16

Good moral character v.

Rehabilitation
When an applicant for admission to the bar has committed firstdegree murder, a c
rime that demonstrates an extreme lack of
good moral character, he must make an extraordinary showing
of present good moral character to establish that he or she is
qualified to be admitted to the practice of law xxx.
To show rehabilitation, [one] must show that he has accepted
responsibility for his criminal conduct.
Rehabilitation is a necessary, but not sufficient, ingredient of good
moral character of bar applicant who had been convicted of a
serious felony; applicant must establish his current good moral
character, independent of and in addition to, evidence of
rehabilitation. - In re: James Joseph Hamm 123 P.3d 652 [2005]
17

Rehabilitation is not enough

Even assuming that [one] has established rehabilitation, showing
rehabilitation from criminal conduct does not, in itself, establish
good moral character.
Rehabilitation is a necessary, but not sufficient, ingredient of good
moral character. An applicant must establish his current good
moral character, independent of and in addition to, evidence of
rehabilitation.
Even assuming that he has established rehabilitation, showing
rehabilitation from criminal conduct does not, in itself, establish
good moral character. - In re: James Joseph Hamm 123 P.3d 652
[2005]
18

What is anupright character?

Upright character is something more than an absence of bad
character. It means that he [an applicant for admission] must
have conducted himself as a man of upright character
ordinarily would, should, or does. Such character expresses
itself not in negatives nor in following the line of least
resistance, but quite often in the will to do the unpleasant
thing if it is right, and the resolve not to do the pleasant thing if
it is wrong. - In re: James Joseph Hamm 123 P.3d 652 [2005]
19

Past and Present moral character

We also agree with Hamm that, under the Rule applicable to
Hamm s application, our concern must be with the applicant s
present moral character. In Greenberg, we explained that "it is
[the applicant s] moral character as of now with which we are
concerned." xxx Past misconduct, however, is not irrelevant.
Rather, this Court must determine what past bad acts reveal about
an applicant s current character. - In re: James Joseph Hamm 123
P.3d 652 [2005]
20

Effect of prior criminal conviction

Although a prior conviction is not conclusive of a lack of
present good moral character, ... it adds to his burden of
establishing present good character by requiring
convincing proof of his full and complete rehabilitation.- In
re: James Joseph Hamm 123 P.3d 652 [2005]
21

Is poverty of litigant a justification to

engage in illegal practice of law?
The defense of respondent that "his participation (sic) for
defendants cause was gratuitous as they could not engage the
services of counsel by reason of poverty and the absence of
one in the locality" cannot, even if true, carry the day for him, Zeta v. Malina
o, A.M. No. P-220, December 20, 1978
22

Can a lawyer-detainee
practice law?
As a matter of law, when a person indicted for an offense is
arrested, he is deemed placed under the custody of the law. He is
placed in actual restraint of liberty in jail so that he may be bound
to answer for the commission of the offense. He must be detained
in jail during the pendency of the case against him, unless he is
authorized by the court to be released on bail or on recognizance.
Let it be stressed that all prisoners whether under preventive
detention or serving final sentence can not practice their
profession nor engage in any business or occupation, or hold
office, elective or appointive, while in detention. This is a
necessary consequence of arrest and detention. PP v. Hon.
Maceda and Javellana G.R. No. 89591-96
January 24, 2000
23

What is the effect of non-payment of

IBP dues?
Rule 139-A, Section 10 which provides that "default in the
payment of annual dues for six months shall warrant
suspension of membership in the Integrated Bar, and
default in such payment for one year shall be a ground for the
removal of the name of the delinquent member from the
Roll of Attorneys. - Santos, Jr. V. Atty. Llamas A.C No. 4749
[2000]
24

Misrepresenting to the public and the

courts that he had paid his IBP dues
By indicating "IBP-Rizal 259060" in his pleadings and thereby
misrepresenting to the public and the courts that he had paid
his IBP dues to the Rizal Chapter, respondent is guilty of violating
the Code of Professional Responsibility which provides:

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or

deceitful conduct.
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY
AND DIGNITY OF THE LEGAL PROFESSION, AND SUPPORT THE
ACTIVITIES OF THE INTEGRATED BAR.
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH
TO THE COURT.
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the
doing of any court; nor shall he mislead or allow the court to be misled by
any artifice. - Santos, Jr. V. Atty. Llamas A.C No. 4749 [2000]
25

Is a senior citizen lawyer exempted

from payment of ITR also exempted
from payment of IBP dues?
While it is true that R.A. No. 7432, 4 grants senior citizens
"exemption from the payment of individual income taxes:
provided, that their annual taxable income does not exceed the
poverty level as determined by the National Economic and
Development Authority (NEDA) for that year," the exemption
does not include payment of membership or association
dues. - Santos, Jr. V. Atty. Llamas A.C No. 4749 [2000]
26

Intent is necessary to be guilty of

unauthorized practice of law
In several cases, we have ruled that the unauthorized practice of
law by assuming to be an attorney and acting as such without
authority constitutes indirect contempt which is punishable by
fine or imprisonment or both. The liability for the unauthorized
practice of law under Section 3(e), Rule 71 of the Rules of Court is
in the nature of criminal contempt and the acts are punished
because they are an affront to the dignity and authority of the
court, and obstruct the orderly administration of justice. In
determining liability for criminal contempt, well-settled is the rule
that intent is a necessary element, and no one can be
punished unless the evidence makes it clear that he intended
to commit it. - Normatan & Pagayokan v. Balajadia, G.R. No.
169517 2006
27

Does giving up Philippine citizenship

automatically result into lost of
membership in the Philippine bar?
The Constitution provides that the practice of all professions in the
Philippines shall be limited to Filipino citizens save in cases
prescribed by law. Since Filipino citizenship is a requirement for
admission to the bar, loss thereof terminates membership in
the Philippine bar and, consequently, the privilege to engage in
the practice of law. In other words, the loss of Filipino
citizenship ipso jure terminates the privilege to practice law
in the Philippines. The practice of law is a privilege denied to
foreigners. - Petition for leave to resume practice of law,Dacanay
B.M. No. 1678 December 17, 2007
28

May a lawyer who has lost his Filipino

citizenship still practice law in the
Philippines?
The Constitution provides that the practice of all professions in the
Philippines shall be limited to Filipino citizens save in cases
prescribed by law. Since Filipino citizenship is a requirement for
admission to the bar, loss thereof terminates membership in the
Philippine bar and, consequently, the privilege to engage in the
practice of law. In other words, the loss of Filipino citizenship ipso
jure terminates the privilege to practice law in the Philippines. The
practice of law is a privilege denied to foreigners. - Petition for
leave to resume practice of law,Dacanay B.M. No. 1678 December
17, 2007
29

Effect of reacquisition of
Filipino citizenship
A Filipino lawyer who becomes a citizen of another country and
later re-acquires his Philippine citizenship under R.A. No. 9225,
remains to be a member of the Philippine Bar. Petition to
reacquire the privilege to practice law in the Philippines, Muneses,
B.M. 2112 [2012]
30

Requirements before one can resume

practice of law after reacquiring Filipino
citizenship
Before a lawyer who reacquires Filipino citizenship pursuant to RA
9225 can resume his law practice, he must first secure from this
Court the authority to do so, conditioned on:
(a) the updating and payment in full of the annual membership
dues in the IBP;
(b) the payment of professional tax;
(c) the completion of at least 36 credit hours of mandatory
continuing legal education; this is specially significant to refresh
the applicant/petitioners knowledge of Philippine laws and
update him of legal developments and
(d) the retaking of the lawyers oath which will not only remind
him of his duties and responsibilities as a lawyer and as an officer
of the Court, but also renew his pledge to maintain allegiance to
the Republic of the Philippines. Petition for leave to resume practice of law,
Dacanay B.M. No. 1678 December 17, 2007 31

What is the purpose for requiring the

retaking of Lawyers Oath?
The retaking of the lawyers oath which will not only remind
him of his duties and responsibilities as a lawyer and as an
officer of the Court, but also renew his pledge to maintain
allegiance to the Republic of the Philippines.
32

Citizenship requirement in order to

practice law in the Philippines
Constitution Art. 12 Section 14. xxx. The practice of all professions
in the Philippines shall be limited to Filipino citizens, save in cases
prescribed by law.
33

Requirements for all applicants for

admission to the bar
Section 2, Rule 138 (Attorneys and Admission to Bar) of the
Rules of Court:
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 a 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.
34

Continuing requirements to practice

law
The second requisite for the practice of law membership in
good standing is a continuing requirement. This means
continued membership and, concomitantly, payment of
annual membership dues in the IBP; payment of the annual
professional tax; compliance with the mandatory continuing
legal education requirement; faithful observance of the rules
and ethics of the legal profession and being continually subject
to judicial disciplinary control. -Petition for leave to resume
practice of law,Dacanay B.M. No. 1678 December 17, 2007
35

Phases of admission to the bar

Moreover, admission to the bar involves various phases such
as furnishing satisfactory proof of educational, moral and
other qualifications; passing the bar examinations; taking the
lawyers oath and signing the roll of attorneys and receiving
from the clerk of court of this Court a certificate of the license
to practice. - Petition for leave to resume practice of
law,Dacanay B.M. No. 1678 December 17, 2007
36

Can a successful examinee take his oath

before any person allowed by law to
administer an oath?
Rule 138 Sec. 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.
Inasmuch as the oath as lawyer is a prerequisite to the practice of
law and may be taken only, before the Supreme Court, by
those authorized by the latter to engage in such practice xxx. PP
v. De Luna, et. al. G.R. Nos. L-10236-48. January 31, 1958
37

Section 2. Section 41 of the

Administrative Code of 1987 is hereby
amended to read as follows
Sec. 41. Officers Authorized to Administer Oath. - The following
officers have general authority to administer oaths:
President;
Vice-President;
Members and Secretaries of both Houses of the Congress;
Members of the Judiciary;
Secretaries of Departments;
provincial governors and lieutenant-governors;
city mayors;
municipal mayors;
bureau directors;
38

authorized to administer oath

regional directors;
clerks of courts;
registrars of deeds;
other civilian officers in the public service of the government
of the Philippines whose appointments are vested in the
President and are subject to confirmation by the Commission
on Appointments;
all other constitutional officers;
and notaries public."
39

Duties of Attorneys

Rule 138 section 20 - It is the duty of an attorney:

(a) To maintain allegiance to the Republic of the Philippines and to support the
Constitution and
obey the laws of the Philippines;
(b) To observe and maintain the respect due to the courts of justice and judicia
l officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to
be just, and such
defenses only as he believes to be honestly debatable under the law;
(d) To employ, for the purpose of maintaining the causes confided to him, such m
eans only as are
consistent with truth and honor, and never seek to mislead the judge or any judi
cial officer by
an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to pres
erve the secrets of his
client, and to accept no compensation in connection with his client s business e
xcept from him
or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial
to the honor or
reputation of a party or witness, unless required by the justice of the cause wi
th which he is
charged;
(g) Not to encourage either the commencement or the continuance of an action or
proceeding, or
delay any man s cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or
oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means
, regardless of his
personal opinion as to the guilt of the accused, to present every defense that t
he law permits, to
the end that no person may be deprived of life or liberty, but by due process of
law.
40

What is a lawyers proof of authority to

practice of law?
Rule 138 Sec. 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.
41

Failure to sign in the

Roll of Attorneys
Petitioner did not sign in the Roll of Attorneys for 32 years.
What he had signed at the entrance of the PICC was probably
just an attendance record.
As Medado is not yet a full-fledged lawyer, we cannot suspend
him from the practice of law. However, we see it fit to impose
upon him a penalty akin to suspension by allowing him to
sign in the Roll of Attorneys one ( 1) year after receipt of this
Resolution. For his transgression of the prohibition against the
unauthorized practice of law, we likewise see it fit to fine him
in the amount of P32,000. Petition to sign in the Roll of
Attorneys, Medado, B.M. No. 2540 [2013]
42

Certificate of Membership & Certificate of

Membership in Good Standing in IBP
Certificate of Membership in the Integrated Bar of the
Philippines as well as a Certificate of Membership in Good
Standing with the Quezon City Chapter of the Integrated Bar of
the Philippines do not constitute his admission to the
Philippine Bar and the right to practice law thereafter . - Re:
Elmo Abad, A. M. No. 139 [1983]
43

Requirements after flunking

the bar 3 times
Sec. 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
to 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.
44

Authority to appear in behalf

of a client
Sec. 21. Authority of attorney to appear. - An attorney is
presumed to be properly authorized to represent any cause
in which he appears, and no written power of attorney is
required to authorize him to appear in court for his client,
but the presiding judge may, on motion of either party and on
reasonable grounds therefor being shown, require any
attorney who assumes the right to appear in a case to
produce or prove the authority under which he appears,
and to disclose, whenever pertinent to any issue, the name of
the person who employed him, and may thereupon make
such order as justice requires. An attorney wilfully appearing in
court for a person without being employed, unless by leave of
the court, may be punished for contempt as an officer of the
court who has misbehaved in his official transactions.
45

A Counselor is not an Attorney

The title of "attorney" is reserved to those who, having obtained
the necessary degree in the study of law and successfully taken the
Bar Examinations, have been admitted to the Integrated Bar of the
Philippines and remain members thereof in good standing; and it
is they only who are authorized to practice law in this jurisdiction.
His disinclination to use the title of "counselor" does not warrant
his use of the title of attorney. - Alawi v. Alauya, A.M. SDC-97-2-P.
February 24, 1997
46

Prohibited acts of an examinee

Rule 138 Sec. 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.
Rule 138 Sec. 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 provision, 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.
47

Requirements after flunking

the bar 3 times
Enrollment and completion of pre-bar review course is an
additional requirement under Rule 138 of the Rules of Court
for those who failed the bar examinations for three (3) or more
times. - In re: Purisima, B.M. Nos. 979 and 986 [2002]
48

Can an indefinite suspension from the

practice of law prohibit a lawyer from filing
a citizen or taxpayer suit?

Petitioner Alan F. Paguia (petitioner), as citizen and taxpayer,

filed this original action for the writ of certiorari to invalidate
President Gloria Macapagal-Arroyos nomination of respondent
former Chief Justice Hilario G. Davide, Jr. (respondent Davide)
as Permanent Representative to the United Nations (UN) for
violation of Section 23 of Republic Act No. 7157 (RA 7157), the
Philippine Foreign Service Act of 1991.
In their separate Comments, respondent Davide, the Office of
the President, and the Secretary of Foreign Affairs (respondents)
raise threshold issues against the petition. First, they question
petitioners standing to bring this suit because of his
indefinite suspension from the practice of law.
49

 An incapacity to bring legal actions peculiar to petitioner also

obtains. Petitioners suspension from the practice of law bars
him from performing any activity, in or out of court, which
requires the application of law, legal procedure, knowledge,
training and experience. Certainly, preparing a petition
raising carefully crafted arguments on equal protection
grounds and employing highly legalistic rules of statutory
construction to parse Section 23 of RA 7157 falls within the
proscribed conduct. - Paguia v. Office of the President, G.R.
No. 176278 [2010]
50

Thank you for your

attention!!
51