LEGAL PROFESSION – branch of the administration of justice whose main Persons entitled to practice law under Section 1, Rule
ction 1, Rule 138 of the Rules of
purpose is to aid in the doing of justice according to the law between state and
the individual and between man and man.
Unlike in business concerned with profits, law profession’s paramount
concern is to obtain justice in the most efficient and effective manner.
Member in the legal profession is a privilege granted by the state to deserving
individuals. It is a privilege accorded only to those who measure up to mental
and moral standards. It is also a right in a limited sense.
 Right to practice unless valid cause is provided;
 Right to appear before any tribunal unless valid cause is provided;
 Right to stand up for his right or his client’s;
 Right to protest anything he thinks is prejudicial to the orderly
administration of justice
Law is popular because:
 It offers a wide range of opportunities in public service, private
practice and business.
 Lawyers are deemed persons in authority.
 A lawyer’s service is indispensable, and his functions place him in
peculiar situation of influence.
 Lawyers are regarded as leaders of the community.
 It entails prestige.
Basic Tools to study law and pass the Bar:
 Language – the tool of law
 Logic – critical analysis/critical thinking
 Law
PRACTICE OF LAW – any activity in or out of court which requires the
application of law, legal procedure, knowledge, training and experience
Legal Remedies available for unauthorized practice of law:
 Injunction;
 Declaratory relief;
 Contempt of court;
 Disqualification
 Complaints for Disbarment
 Estafa
ADMISSION TO PRACTICE
The authority to decide who may be admitted to the bar naturally and logically
belongs to the judiciary represented by the Supreme Court as dictated by the
Constitution. Congress cannot pass a law that will control the Supreme Court’s
performance of its function for such exercise is violative of the doctrine of
separation of powers.
The Supreme Court has the inherent power to integrate the Philippine Bar in
the exercise of its power to promulgate rules concerning pleading, practice
and procedure in all courts.
Integration > the official unification of the entire lawyer population of the
Philippines.
Bar > the collectivity of all persons whose names appear in the Roll of
Attorneys
Court:
 A Filipino citizen;
 At least 21 years old;
 Of good moral character;
 A resident of the Philippines;
 Evidence of good moral character and no charges against him,
involving moral turpitude, have been filed or are pending in any
court of the Philippines
 Pass the bar examinations
 Take the lawyer’s oath
 Sign in roll of attorneys and receive license to practice
Only natural persons are allowed to practice law. A corporation cannot
engage in the practice of law. This is limited to Filipino citizens only.
Requirements for the admission to the Bar Examination:
 Applicant should have studied law for 4 years;
 Successfully completed all prescribed courses in the law school;
 Affidavit of the candidate with certificate from the school
Good moral character is a continuing requirement even after admission for
the enjoyment of the privileges to practice.
Duties of a Lawyer:
A.) Duty to the courts of justice
B.) Duty to the bar
C.) Duty to the society
D.) Duty to his clients
Where Non-lawyers may Practice Law
1.) A party may conduct his litigation personally or with the aid of a
friend or agent appointed by him for that purpose. In criminal
cases, if a party cannot afford the services of a counsel de parte,
he shall be provided a counsel de officio;
2.) In localities where a duly licensed member of the bar is not
available, the MTC can admit or assign a person resident of the
province and of good refute to aid the defendant.
3.) A person representing a land claimant in cadastral court;
4.) In case of law student practice as permitted by the rules;
5.) In case of those authorized to represent the government.
Public Officials prohibited from engaging in Practice of Law:
 Judges and other officials or employees of the court;
 Officials and employees of the Office of the Solicitor General;
 Government prosecutors;
 President, Vice-President, members of the cabinet and their
deputies and assistants
 Members of the Constitutional Commissions;
 Ombudsman and his deputies;
 All governors, city and municipal mayors
 Those who by special law are prohibited from engaging in the
practice of their profession
Importance of knowing who may be allowed to practice law:
 Assure the public that only those who have the ability, learning
and sound character will handle the very delicate task of law
advocacy;
 So public welfare will be served and promoted;
 Prevent miscarriage of justice
Law Student’s Practice | Requirement:

1.) Successfully complete his 3rd year of the regular 4-year

curriculum/incoming 4th year of the regular 4-year curriculum;
2.) Enrolled in the clinical legal education program as approved by
the SC in a recognized school;
3.) His appearance must be pro bono;
4.) His clients should be indigents who have been accepted by the
legal clinic of the law school;
5.) His appearance must at all times be accompanied and supervised
by a supervising attorney who is accredited by the law school
concerned

- Requires presence of the supervising lawyer during the hearing

except when the student appears in an inferior court where issues
are relatively simple.

Petitioner questioned the appointment of herein

respondent as Chairman on COMELEC for lack of necessary
qualification of at least 10 years of law practice. The
respondent worked in his father's law office, worked as an
CAYETANO VS operations officer in World Bank Group, worked with
MONSOD Meralco Group, was named as Sec-General and Chairman
of NAMFREL.
Does he meet the 10-year requirement?
Yes. 'Performance of any acts in and out of court" is
understood as practice of law

Congress passed the Bar Flunkers Act in 1952. The act

specified passing marks and provided that “A bar
candidate who obtained a grade of 75% in any subject
In Re shall be deemed to have passed that subject."
Cunanan
WON the act is constitutional
No. Congress may not pass a law that will control the
SC in the performance of its function.

Vicente Ching, a legitimate son of a Chinese father and

Application a Filipino mother, is a law graduate and a bar passer.
for Admission The Office of the Solicitor General points that Vicente
to the has not formally elected Philippine citizenship and if he
Philippine does, it would be beyond the reasonable time.
Bar, VICENTE
CHING Can he be allowed to take his oath?
No. He is not a Filipino citizen not having elected
Philippine citizenship within reasonable time.

Ramon Quisumbing, a citizen and resident of the

Philippines, obtained his degree in law from
Washington, DC. He took and passed the bar exam of
In Re: Petition the DC and State of Virginia.
of Ramon Can he be admitted to the bar without having to take
Quisumbing the Bar exams?
for Admission
to the Bar No. The requirements under Section 4, Rule 138, are
not met (requirements for applicants from other
jurisdictions) : 1.) practice in the foreign jurisdiction
must have commenced prior to July 4, 1946