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Practice of law means any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training and experience1. To engage in the
practice of law is to perform acts which are usually performed by members of the legal
profession2 and rendering any kind of service which requires the use of legal knowledge
or skills. Generally a non lawyer cannot represent or appear himself as lawyer in court for
his client.
In view of this, what is the consequence if non lawyers misrepresented himself in
the court and secure a favorable decision to his client?
A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.3
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.4 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. In the case of Lacsamana vs.
Busmente, The lawyers duty to prevent, or at the very least not to assist in, the
unauthorized practice of law is founded on public interest and policy. Public policy
requires that the practice of law be limited to those individuals found duly qualified in
education and character. The permissive right conferred on the lawyer is an individual
and limited privilege subject to withdrawal if he fails to maintain proper standards of
moral and professional conduct. The purpose is to protect the public, the court, the
client, and the bar from the incompetence or dishonesty of those unlicensed to practice
law and not subject to the disciplinary control of the Court. It devolves upon a lawyer to
see that this purpose is attained. Thus, the canons and ethics of the profession enjoin him
not to permit his professional services or his name to be used in aid of, or to make
possible the unauthorized practice of law by, any agency, personal or corporate. And, the
law makes it a misbehavior on his part, subject to disciplinary action, to aid a layman in
the unauthorized practice of law. In this case, it has been established that Dela Rosa, who
is not a member of the Bar, misrepresented herself as Busmentes collaborating counsel
thus the findings of the IBP-CBD that there was sufficient evidence to prove
that Busmente was guilty of violation of Canon 9 of the Code of Professional
Responsibility.
Under Section 3(e), Rule 71 of the 1997 Rules of Civil Procedure, a person
“[a]assuming to be an attorney or an officer of a court, and acting as such without
authority,” is liable for indirect contempt of court.
In the case of CIOCON-REER vs LUBAO, here, the Office of the Court
Administrator was able to establish the pattern in Karaans unauthorized practice of law.
He would require the parties to execute a special power of attorney in his favor to allow

1 Cayetano v. Monsod
2 CIOCON-REER vs LUBAO A.M. OCA IPI No. 09-3210-RTJ
3 Canon 9 of Code of Professional Responsibility
4
Cambaliza v. Atty. Cristal-Tenorio, 478 Phil. 378 (2004)
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him to join them as one of the plaintiffs as their attorney-in-fact. Then, he would file the
necessary complaint and other pleadings acting for and in his own behalf and as attorney-
in-fact, agent or representative of the parties. The fact that Karaan did not indicate in the
pleadings that he was a member of the Bar, or any PTR, Attorneys Roll, or MCLE
Compliance Number does not detract from the fact that, by his actions, he was actually
engaged in the practice of law. under Section 7 of the same rules, a respondent adjudged
guilty of indirect contempt committed against a Regional Trial Court or a court of
equivalent or higher rank “may be punished by a fine not exceeding thirty thousand pesos
or imprisonment not exceeding six (6) months, or both.” If a respondent is adjudged
guilty of contempt committed against a lower court, he “may be punished by a fine not
exceeding five thousand pesos or imprisonment not exceeding one (1) month, or both.”
Exceptions: Non-lawyers who may be authorized to appear in court:
1. Cases before the MTC: Party to the litigation, in person OR through an agent or
friend or appointed by him for that purpose5
2. Before any other court: Party to the litigation, in person6
3. Criminal case before the MTC in a locality where a duly licensed member of the Bar
is not available: the judge may appoint a non-lawyer who is:7
a. resident of the province
b. of good repute for probity and ability to aid the accused in his defense
4. Legal Aid Program – A senior law student, who is enrolled in a recognized law
school’s clinical education program approved by the supreme Court may appear
before any court without compensation, to represent indigent clients, accepted by
the Legal Clinic of the law school. The student shall be under the direct supervision
and control of an IBP member duly accredited by the law school.8
5. Under the Labor code, non-lawyers may appear before the NLRC or any Labor
Arbiter, if
a. they represent themselves, or if
b. they represent their organization or members thereof9
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the
Cadastral Court.10

Consequence as to favorable decision: Based on the foregoing except the

person falls under the given exception, a person who is not a lawyer who represented his
client in court and obtained favorable decision, such decision shall not be binding and
has no force and effect. An impostor lawyer likewise would be subject to criminal, civil
and administrative sanctions.

5 Sec. 34, Rule 138, RRC

6 Ibid.
7 Rule 116, Sec. 7, RRC
8 Rule 138-A
9 Art 222, PO 442, as amended
10 Act no. 2259, Sec. 9
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The judiciary (also known as the judicial system or court system) is the system
of courts that interprets and applies the law in the name of the state. The judiciary also
known as the mechanism for the resolution of disputes. Under the doctrine of
the separation of powers, the judiciary generally does not make statutory law (which is
the responsibility of the legislature) or enforce law (which is the responsibility of the
executive), but rather interprets law and applies it to the facts of each case. However, the
judiciary does make common law, setting precedent for other courts to follow. This
branch of the state is often tasked with ensuring equal justice under law.
United States
United States Supreme Court justices are appointed by the President of the United
States and approved by the United States Senate. The Supreme Court justices serve for a
life term or until retirement. The Supreme Court is located in Washington,
D.C. The United States federal court system consists of 94 federal judicial districts. The 94
districts are then divided into twelve regional circuits. The United States has five different
types of courts that are considered subordinate to the Supreme Court: United States
bankruptcy courts, United States Court of Appeals for the Federal Circuit, United States
Court of International Trade, United States courts of appeals, and United States district
courts. Immigration courts are not part of the judicial branch; immigration judges are
employees of the Executive Office for Immigration Review, part of the United States
Department of Justice in the executive branch.
Philippines
The justice system in the Philippines is mixed legal system of civil, common, Islamic, and
customary law. The formal system of trials, appeals, and prisons is similar to that of the
United States. Civil code procedures on family and property and the absence of jury trial
were attributable to Spanish influences, but most important statutes governing trade and
commerce, labor relations, taxation, banking and currency, and governmental operations
were of United States derivation, introduced at the beginning of the twentieth century.
Most of the laws, official notices and court decisions, including those by the Supreme
Court, are in English. Even the Constitution is published more often in English than
Tagalog. The bar exams are in English. Judicial power is vested in a Supreme Court and in
such lower courts as may be established by law. The highest court: Supreme Court
(consists of a chief justice and 14 associate justices). Judge selection and term of office:
justices are appointed by the president on the recommendation of the Judicial and Bar
Council, a constitutionally-created, 6-member body that recommends Supreme Court
nominees; justices serve until age 70. The Philippines has an independent judiciary, with
the Supreme Court as the highest court of appeal. The Supreme Court also is empowered
to review the constitutionality of presidential decrees. The Supreme Court also regulates
the practice of law in the Philippines, promulgates rules on admission to the bar, and
disciplines lawyers. To be admitted to the Integrated Bar of the Philippines, candidates
must pass an examination that is administered once annually. Professional standards are
similar to those of the United States; the Integrated Bar Association's code borrows
heavily from the American Bar Association's rules. Some 30,000 attorneys practiced law in
the Philippines in the mid 1980s , more than one-third of them in Manila. Counsel for the
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indigent, while not always available, is provided by government legal aid offices and
various private organizations. Many of the private groups are active in representing
"social justice" causes and are staffed by volunteers.

Jury System in the US

The most outstanding feature in the United States is that verdicts in criminal cases
must almost always be unanimous. There are three types of juries in the United States:
criminal grand juries, criminal petit juries, and civil juries. Juries are not available in
courts of American Samoa established pursuant to the Constitution of American Samoa.
A grand jury decides whether or not there is enough evidence ("probable cause") that a
person has committed a crime in order to put him or her on trial. If a grand jury decides
there is enough evidence, the person is indicted. A grand jury has 16-23 members, and its
proceedings are not open to the public. Unlike a petit jury, defendants and their attorneys
do not have the right to appear before the grand jury. A petit jury, also known as a trial
jury, is the standard type of jury used in criminal cases in the United States. Petit juries
are responsible for deciding whether or not a defendant is guilty of violating the law in a
specific case. They consist of 6-12 people and their deliberations are private. Their
decision is known as a verdict and decides whether a person is guilty or not guilty. The
right to trial by jury in a civil case is addressed by the 7th Amendment, which provides:
"In Suits at common law, where the value in controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-
examined in any Court of the United States, than according to the rules of the common
law."
Philippines
Jury System was not adopted in the sense that it goes down to these realities:
1. Constraints in financing, administrative logistics and education
2. Corruption, money, power, social status
3. Emotional capacity, personal biases, social prejudices
4. Philippine ‘culture’

To administer (and administrate) a jury system, it needs a rather highly coordinated

and well-financed framework to select and operate the jurors to serve their duties. So
when there is a case that requires 10 or 12 jurors, the system has to provide room and
board (and possibly allowances) for those jurors. Philippines haven’t enough mechanism
to sustain the whole needs of the jury, more so, jury in this country will be likewise
disadvantageous to

What is due process in the Philippines?

Section 1, Article III of the 1987 Philippine Constitution provides that “No person
shall be deprived of life, liberty or property without due process of law, nor shall any
person be denied the equal protection of the law.
It has two Branches of Due Process
a. Substantive due process refers to the intrinsic validity of the law
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b. Procedural due process, which is based on the principle that a
renders judgment only after trial and based on the evidence presented
therein.
What is due process of law in USA?
The universal guarantee of due process is in the Fifth Amendment to the U.S.
Constitution, which provides "No person shall be deprived of life, liberty, or property,
without due process of law," and is applied to all states by the 14th Amendment.

Based on the above foregoing, I will stand to choose our own Judicial System
because it is based on what the Constitution mandates. The government should be
governed by law and not of men. The introduction of jury system for me is not quite
practicable. Our Judges and Justices based their decisions on the law and not by mere
personal attributions and experiences unlike jurist they may or may not have knowledge
in the law but it would not be always enough and that’s why it would require a lot of
money for their trainings and education for them to handle and decide the case. Lastly,
the introduction of jury system would delay the adjudication process. Hence,
constitutional right to speedy trial may likewise impaired.
Therefore, for me, Philippine judicial system are better than the US.