Legal Profession (Reviewer with cases)

New Era University College of Law

Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
PRACTICE OF LAW AS A PROFESSION
FOUR FOLD DUTIES OF A LAWYER  the practice of law is a profession, a form of public trust, the
performance of which is entrusted only to those who are qualified
1. Duty to Society to possess good moral character
- Should not violate his responsibility to society, exemplar for
 the legal profession is not a trade
righteousness, ready to render legal aid, foster social reforms,
 to render public service and secure justice to those who seek its aid
guardian of due process, aware of special role in the solution
 it is not a business, using bargain counter methods to reap large
of special problems and be always ready to lend assistance in
profits
the study and solution of social problems
 the gaining of livelihood is not a profession, but a secondary
consideration
2. Duties to the Legal Profession  Profession – a calling requiring specialized knowledge and often
- Candor, fairness, courtesy and truthfulness, avoid
requiring long academic preparation
encroachment in the business of other lawyers, uphold the
 In fixing fees, remember that the profession is a branch of the
honor of the profession
administration of justice and not a mere money-making trade
 Client is protected against exaction by his counsel of excessive
3. Duties to the Court fees
- Respect or defend against criticisms, uphold authority and
dignity, obey order and processes, assist in the administration
of justice  Primary Characteristics distinguishing the Legal Profession from
Business:
4. Duties to the Client
- Entire devotion to client’s interest 1. A duty of public service, emolument is by-product
2. A relation as officer of the court to the administration of
Counsel de parte – an attorney retained by a party litigant, usually for a
justice involving thorough sincerity, integrity and reliability
fee, to prosecute or defend his cause in court
3. Relation to the client in the highest degree fiduciary
Counsel de officio – attorney appointed by the court to defend an indigent 4. Relation to colleagues at the bar characterized by candor,
defendant in criminal action fairness, and unwillingness to resort to current business
methods of advertising and encroachment on their practice, or
Attorneys-at-law – that class of persons who are licensed officers of the dealing with their clients
courts empowered to appear, prosecute and defend, and upon whom
peculiar duties, responsibilities and liabilities are developed by law as a
consequence

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 Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
Case Title/Facts Issue/s Doctrine/s, Discussion/s
The Director of Whether or not Yes but he was only
Religious Affairs v. Respondent is reprimanded considering
Estanislao Bayot guilty of his plea for leniency and
malpractice for his promise not to repeat
- Respondent advertised having the misconduct.
his services regarding advertised his
marriage licenses and profession? In this case, the court held
annulment in a that:
newspaper Sunday
Tribune - Law is a profession and
not a trade.
- In view of this, a
complaint for malpractice - it is highly unethical for
was charged against him an attorney to advertise his
talents or skill as a
merchant advertises his
wares
- that it is undeniable that
Respondent’s act was a
flagrant violation by the
respondent of the ethics of
his profession, it being a
brazen solicitation of
business from the public
- Section 25 of Rule 127
expressly provides among
other things that “the
practice of soliciting cases
at law for the purpose of
gain constitutes
malpractice”
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*Atty.’s notes:
 In legal profession, the primary consideration is PUBLIC
SERVICE while in a business, the primary consideration is
RETURN OF INVESTMENT
Case Title/Facts Issue/s Doctrine/s, Discussion/s
Jesus Cui v Antonio Whether or not NO.
Cui/Romulo Cui Petitioner has
“titulo de The Court held that the
- Case as to who is the abogado” for term “titulo de abogado” is
next to be the finishing Law defined as not mere
administrator of Hospicio and is qualified possession of academic
de San Jose as administrator? law degree but a
membership in the Bar
- The deed requires that after due admission
the administrator has a qualifying one for the
title like Attorney, practice of law
Doctor, Engineer,
Pharmacist Citing Rule 138 for the
qualifications for
- Jesus graduated admission in the legal
Bachelor’s of Law of did profession
not pass the Bar
- Respondent Antonio is
a member of the Bar but
was disbarred. However,
he was later on reinstated
 Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
Case Title/Facts Issue/s Doctrine/s, Discussion/s Case Title/Facts Issue/s Doctrine/s, Discussion/s
Sophia Alawi v. Ashary Whether or not NO. In the Matter of IBP - Whether or not YES.
Alauya Respondent is 1989 the integration of
entitled to used The Court held that the the Bar is Integration of the
- A case with regard to a the term person who passed the - The case involves a constitutional? Philippine Bar – means
complaint against “attorney”? Shari’a Bar are not full- petition, Admin. 5262, the official unification of
Respondent for having pledged members of the which formally prays for the entire lawyer
misrepresenting himself Bar, hence, may only the integration of the PH population of the
as an “attorney’ using practice law before Shari’a Bar Philippines
such term in his Courts
transactions - Arguments in favour “Bar” – the collectivity of
- While one who has been and against said petition all persons whose names
- Technically, admitted to the Sharia Bar was heard and thereafter, appear in the Rolls of
Respondent is called a and on to the Philippine the Court created a Attorney
“counsellor-at-law” a Bar be both called Commission on Bar
title to which Shari’a “counsellors”, only the Integration for Bar integration – signifies
lawyers have a rightful latter is an “attorney”. The ascertaining the the setting up by the
claim title “attorney” is reserved advisability of unifying Government authority of
to those who passed the the Bar. national organization of the
- Respondent asserts that Bar and admitted to the legal profession based on
he prefers the title IBP with good standing. the recognition of lawyers
“attorney” because - Eventually, RA 6397 as an officer of the court
“counsellor-at-law” is was enacted for said
often mistaken as integration; this present The Court is of the view
“councillor” of the case resolved the that it may integrate the PH
barangay, but avers that arguments on the Act’s Bar in the exercise of its
he never consider himself constitutionality power under Art. 18,
as a lawyer section 13 “to promulgate
rules concerning pleading,
practice, and procedure in
all courts and the
admission to the practice of
law”.

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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
RA 6937 neither confers
power nor restrict the
Court’s inherent power –
only a mere legislative
declaration that the
integration will promote
public interest and will
raise the standards of the
legal profession
* The integration is
constitutional. Bases –
- Inherent power of the
Court to supervise and
regulate the practice of law
- practice of law is not a
vested right but a privilege.
Since it is a privilege
imbued with public
interest, its exercise must
be regulated to ensure
compliance with its
members’ public
responsibility
- public responsibility can
be best discharged thru
collective action but there
can be no collective action
without an organized body
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Case Title/Facts Issue/s Doctrine/s, Discussion/s
People of the Whether or not NO.
Philippines v. Simplicio Atty. Fule is
Villanueva engaged in a The Court held that:
private practice
- In this case, Atty. of Law? The appearance is only an
Ariston Fule, a City “isolated appearance”.
Attorney, was
complained of for That practice is more than
engaging in a private an isolated appearance, for
practice of law, when he it consists frequency or
appeared as private customary actions, a
prosecutor for the succession of acts of the
complainant same kind.
- it was made clear that Practice of law, to fall
as condition for his within the prohibition,
appearance, every time must a “customarily or
he would appear, he habitually holding one’s
would be considered on self out to the public, as
official leave of absence customarily and
and that he would not demanding payment for
receive any payment for such services”.
his services
PRIVATE PRACTICE OF
- the CFI upheld his LAW
appearance and stated
that he appeared as an * Frequent habitual
agent or friend of the exercise
offended party and it * succession of acts
does not appear that his * habitually holding one’s
appearance was in a self to the public for fee
professional capacity and
that he was being paid
Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
 Isolated Appearance:
ESSENTIAL CRITERIA DETERMINATIVE OF ENGAGING IN 1. A judge who is prohibited from engaging in private practice of
THE PRACTICE OF LAW (HACA) law has not violated this prohibition when he appeared as
1. Habituality – implies customarily or habituality holding oneself counsel for his cousin pro bono in a criminal case
out to the public as a lawyer 2. Appearance as counsel in one occasion is not conclusive as
2. Compensation – implies that one must have presented himself to determinative of engagement in the practice of law
be in the active practice and that his professional services are 3. Appearance of city attorney as private prosecutor not within
available to the public for compensation, as a source of his the prohibition
livelihood or in consideration of his said services
3. Application of law, legal principle, practice, or procedure
 when a person participates in a trial and “advertises” himself as a
which calls for legal knowledge, training and experiences
lawyer, he is in the practice of law
4. Attorney-client relationship
 giving advice for compensation regarding the legal status and
rights of another constitutes practice of law
 When appearance by counsel not obligatory
 engaging in the practice of law presupposes the existence of a
lawyer-client relationship
1. In the Municipal Trial Court, a party may conduct his
litigation in person or with the aid of an agent or friend
appointed by him or with an aid of an attorney Case Title/Facts Issue/s Doctrine/s, Discussion/s
2. In Regional Trial Court and Appellate Courts, a party to a Cayetano v. Monsod Whether or not YES.
civil suit may either conduct his litigation personally or by Respondent is
attorney unless the party is a juridical person Monsod was appointed engaged in the What is practice of law?
3. In Administrative Proceedings, right to counsel is not as a commissioner of the practice of law
indispensable to due process. If a respondent had chosen to Commission on Elections which makes Any activity, in and out of
represent himself without counsel cannot later claim denial of him qualify in court, which requires the
due process His appointment was his appointive application of law, legal
4. Nothing in the Constitution that says that a party in a non- being questioned by position? procedure, knowledge,
petitioners for not having training and experience
criminal proceeding is entitled to be represented by counsel
complied with the legal
5. The rule applies only in Civil and Administrative cases
qualification on “practice Not limited to:
of law” experience
Appearing in court
The law provides that the Advising or assisting in the
members of the conduct of litigation

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 Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
COMELEC must be, Case Title/Facts Issue/s Doctrine/s, Discussion/s
among other, engaged in It also embraces: Philippine Lawyers’ Whether or not YES.
the practice of law for at Association v. appearance
least ten (10) years. 1. Preparation of pleadings Celedonio Agrava before the Patent The practice of law is not
and other papers incident Office and the limited to the conduct of
Petitioners assert that to actions and special Respondent is the preparation and cases or litigation in court;
Monsod is not engage in proceedings; Director of the Philippine the prosecution it embraces preparation of
the practice of law for the Patent Office of patent pleadings and other papers
prescribed period as his 2. Conveyancing applications incident to action and
past work experience is He issued a circular constitutes or is social proceedings, the
not the court practice 3. Preparation of legal announcing for the included in management of such
which the petitioners instruments of all kinds scheduled for an exam practice of law? actions and xxx where the
assert. for those qualified to work done involves the
4. Giving legal advice to practice as patent determination by the
clients attorneys. The circular trained legal mind of the
states that members of legal effect of facts and
 Practice of law need not be habitual services in litigations in court. the PH Bar, engineers conditions
Monsod being a lawyer-economist, lawyer-manager, lawyer- and other person with
entrepreneur, lawyer-negotiator of contracts, lawyer-legislator – sufficient scietific and That in the first place,
verily more than satisfy the constitutional requirement – that he has technical training are although the transaction of
been engaged in the practice of law for at least ten years qualified to take the business in the Patent
exam. Office involves the use and
application of technical
It is the petitioner’s and scientific knowledge
contention that one who and training, still, such
has passed the Bar is business has to be rendered
duly qualified to practice in accordance with the
before the Patents Office, Patent Law which is within
without having taking the purview of lawyer’s
another examination. skills

Respondent on the other

hand argues that the
appearance in patent

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 Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
office is not just a mere QUALIFICATIONS FOR ADMISSION
practice of law but also
needs technical and Requirements for admission to the Bar:
scientific skills 1. Citizen of the Philippines
2. Resident of the Philippines
3. At least 21 years old
4. Successfully completed all prescribed courses
5. Passed the bar exams
6. Production before the SC satisfactory evidence of:
a. Good moral character
b. No charges against him, involving moral turpitude, have been
WHO MAY PRACTICE LAW? filed or are pending in any court in the Philippines

Persons entitled to practice law, generally

Right and privilege to practice
 Any person who has been duly licensed as a member of the bar in
accordance with the statutory requirements and who is in good and  The practice of law is not a natural, property or constitutional right
regular standing is entitled to practice law but a mere privilege
 Two basic statutory requirements:  It is not a right granted to anyone who demands it but a privilege
o Must have been admitted to the bar to be extended or withheld in the exercise of sound judicial
o After admission, must remain in good and regular discretion
standing (a continuing requirement)  It is a privilege accorded only to those who measure up to certain
 Must have been admitted to the bar. A lawyer is one who: rigid standards of mental and moral fitness
o Passed the bar exams
o Taken the lawyer’s oath before the Supreme Court en
Educational Requirement
banc Case Title/Facts Issue/s Doctrine/s, Discussion/s
o Signed in the Roll of Attorneys In re: Telesforo Diao v Whether or not NO.
o Received a certificate of license to practice law from the Severino Martinez Diao has the
SC educational -------
o Furnished satisfactory proof of educational, moral and Diao was admitted to the qualification to
other qualifications Bar but two years later, be admitted to
respondent charged him the bar?

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 Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
of falsely representing He was not qualified to He was involved in a and efficient administration
himself of being take the bar exams due to death of a neophyte of justice
qualified, for having a his false representations. during fraternity
completed the required initiation rites It is the sworn duty of the
academic qualifications. The fact that he hurdled the Court not only to “weed
bar exams is immaterial. He was later on granted out” lawyers who have
It appears that he had not Passing such exams is not probation and hence filed become a disgrace to the
completed, before taking the only qualification to the petition to be allowed noble profession of the law
up law subjects, the become an attorney-at-law; to take the lawyer’s oath but also of equal
required pre-legal taking the prescribed importance, to prevent
education, specifically in courses of legal study in “misfits” from taking the
the following particulars: the regular manner is lawyer’s oath, thereby
equally essential tarnishing the public image
a. Did not complete his of lawyers
high school training; and,
The Court allowed
b. Diao never attended Argosino in recognition
Quisumbing College and that he is not inherently of
never obtained A.A bad moral fiber
diploma therefrom

Good Moral Character

Good Moral Character Case Title/Facts Issue/s Doctrine/s, Discussion/s
Case Title/Facts Issue/s Doctrine/s, Discussion/s Aguirre v Rana The right to practice law is
In Re: Argosino Whether or not YES not a natural or
Argosino has the A case wherein constitutional right but is a
In this case, Al Caparros requirement of The practice of law is a Respondent represented privilege. It is limited to
Argosino passed the bar good moral privilege granted only to himself as a counsel for a persons of good moral
but his oath-taking was character to be those who present the strict public office candidate character with special
deferred due to his qualified for intellectual and moral even before taking his qualification duly
previous conviction for admission to the qualifications required of oath and signing the roll ascertained and certified
Reckless Imprudence bar? lawyers who are of attorneys
resulting in Homicide instruments in the effective A bar candidate does not
acquire the right to practice

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 Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
Petitioner filed a
complaint against him for
unauthorized practice of
law, grave misconduct,
violation of law and
grave misrepresentation
PRACTICE WITHOUT ADMISSION
General Rule: Only those who are licensed to practice law can appear and
handle cases in court
Exceptions:
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law by simply passing the
bar exams
In this case, while it is true
that respondent passed the
Bar exams and took the
lawyers oath, however, it is
the signing in the roll of
attorneys that finally
makes one a full-pledged
lawyer
Two essential requisites for
becoming a lawyer still had
to be performed:
1. Taking the lawyer’s oath
2. Signing the Roll of
Attorneys
Having not completed the
foregoing requisites,
Respondent had no
authority to practice law
1. Before the MTC – a party may conduct his case or litigation in
person with the aid of an agent or friend appointed by him (sec.
34, rule 138)
2. Before any court – a party may conduct his litigation personally.
He is bound by the same rules in conducting the trial of his case.
He cannot, after judgment, claim that he was not properly
represented
3. In a 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 a resident of that province, of good repute for
probity and ability to represent the accused in his defense (sec. 7,
rule 116)
4. Student Practice Rule
a. A law student who has successfully completed his 3rd year
of the regular 4th year prescribed law curriculum
b. Enrolled in a recognized law school’s clinical legal
education program approved by the SC
c. May appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal, board
or officer to represent indigent clients
d. The student shall be under the direct supervision and
control of a member of the IBP duly accredited by the law
school (sections 1, 2 of Rule 138-A)
Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
WHO MAY NOT PRACTICE LAW? o Assure the people of impartiality in the performance of
public functions, thereby promote the public welfare
 Relative Prohibition o When any of the public officials are prohibited, they
o Senators and members of the House of Representatives
cease, as a general rule, to engage in private practice of
o Members of Sanggunian
law and the right to practice is suspended during tenure of
office
 Absolute Prohibition
o All members of the Judiciary
 Lawyer member of the legislature not absolutely prohibited. They
o Judges and other officials as employees of the SC
are only prohibited from appearing as counsel in:
o Government prosecutors
o Any court of justice
o President, VP and cabinet members
o Electoral tribunals
o Constitutional Commission members
o Quasi-judicial or administrative bodies
o Ombudsman and his deputies
o Solicitor General and Asst. Sol Gen
 What is prohibited is to “personally appear”
o All governors, city and municipal mayors
 The word “appearance” includes:
o Those prohibited by special laws – retired members of the
o Arguing a case before any such body
judiciary
o Filing a pleading on behalf of a client as “by simply filing
a motion, plea or answer”
 A Civil Service Officer may only practice law if:  Neither can he allow his name to appear in such pleading by itself
o The officer’s responsibilities do not require his time to be
or as part of a firm name under the signature of another qualified
fully at the disposal of the government
lawyer – “he cannot do indirectly what the Constitution prohibits
o With written permission from the department concerned
directly”

DISABILITY OF PUBLIC OFFICIAL TO PRACTICE RESTRICTIONS IN THE PRACTICE OF LAW OF THE

MEMBERS OF THE SANGGUNIAN
 Appointment or Election to a government office disqualifies one
to practice law They shall not:
o Public office is a public trust. Obliged to perform duties
1. Appear as counsel before any court in civil case wherein a LGU or
with exclusive fidelity
any office, agency or instrumentality of the government is an
o Avoid conflict of interests
adverse party

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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
2. Appear as counsel in any criminal case wherein an officer or
employee of the national or local govt is accused of an offense in
relation to his office
3. Collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official
4. Use property and personnel of the govt

 However, Sanggunian members may practice their professions,

engage in any occupation, teach in schools except during session
hours

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