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IV.

THE LEGAL PROFESSION AND THE QUALIFICATIONS AND


PROCEDURE FOR ADMISSION TO THE PRACTICE OF LAW
A. Qualifications for Admission to the Practice of Law

1. Citizenship
2. Age
3. Residence
4. Educational Qualification
5. Moral and Other Qualifications
6. Bar Examination
7. Lawyer’s Oath
8. Attorney’s Roll
(Section 2 in relation to Sec 5, 6, 14 Sections 17, 18, 19, Rule 138 of the Rules
of Court)

B. Good and Regular Standing


C. Purpose for the Requirements

Case:
- Soliman M. Santos, Jr. v Atty. Francisco R. Llamas, Jan. 20, 2000

D. Procedure for Admission to the Practice of Law


E. Consequence of Failure to Pass the Bar; Five Strike Rule and 2013 Lifting
F. Refresher Review Class Curriculum
G. Practice of Law is a Privilege, not a Right

Case:
- Legarda v CA, GR No. 94457, June 10, 1992

H. Practice of Law

Case:
- Cayetano v. Monsod, GR No. 100133, Sept. 1991

I. Practice of Law is a Profession and not a Business

Cases:
- Metropolitan Bank and Trust Co. v. CA, GR No. 86100-03, Jan. 23, 1990
- Ortigas v. Navarro, Adm. Case No. 2148, May 9, 1990

J. Duties of a Lawyer
K. Lawyer’s Compensation
L. Disciplinary Power over Attorney’s
M. Integrated Bar of the Philippines
1. Definition of IBP
2. Legal Basis, Sec. 5 (5), Art 8, 1987 Constitution
3. Arguments for Constitutionality

Cases:
- In re: Edillion, AM No. 1928, Aug. 3, 1978
- In re: Benjamin M. Dacanay, 540 SCRA 424 (2007)

N. Appearances, Handling of Cases in Courts


1. General Rule
2. Exceptions
3. Limitations
4. Appearances before the NLRC
a. Sec. 6(6) 2011 NLRC Rules of Procedure
5. Research and Read: Rule in Appearances of Non-Lawyers (2019)

Cases:
- Cruz v. Mona, 552 SCRA 387, April 27, 2007
- Cruz v. Cabrera, 441 SCRA 211, Oct. 25, 2004

O. Who are Prohibited from Engaging in the Practice of Law


P. Sanctions for Practice or Appearance Without Authority
1. Lawyers without authority
a. Sec. 21, Rule 138, Rules of Court

Cases:
- Beltran v. Abad, AM No. 139, March 28, 1983
- In re: David, 93 Phil, 461 (1954)
- People v. De Luna 102 Phil 968, Jan. 31, 1958

2. Persons not Lawyers


a. Sec. 3, Rule 71, Rules of Court

Case:
- US v. Durban, 36 Phil 797, Aug. 27, 1987
V. CODE OF PROFESSIONAL RESPONSIBILITY
A. Memorize the LAWYER’S OATH
B. Background
C. 22 Canons of the Code of Professional Responsibility is Binding upon all lawyers
D. Good Moral Character is the Cornerstone of the Code of Professional
Responsibility
1. Sec. 2, Rule 138, Rules of Court
2. Rule 1.01, Canon 1, Code of Professional Responsibility
3. Sec. 27, Rule 138, Rules of Court

Cases:
- Grande v. De Silva, AC No. 4838, July 29, 2003
- In the Matter of the Disqualification of the Bar Examinee Helton S. Meling, BM
No. 1154, June 8, 2004

4. Ostensible Purposes
Case:
- Dantes v. Dantes, AC 6486, Sept. 22, 2004

5. Good Moral Character; Concept

Cases:
- Royong v. Oblema, 7 SCRA 859
- Cordon v. Balicanta, AC No. 2797, Oct 4, 2002

6. Procedure for Disbarment Proceedings


a. Sec. 1, Rule 139-B, Rules of Court

7. Disciplinary Action v. Lawyers


Cases:
- Credito v. Sabio AC No. 4920, Oct. 19, 2005
- Guevarra v. Atty. Eala, AC 7136, Aug. 1, 2007
- Royong v. Oblema, supra
- De Leon v. Atty. Pedrema AC No. 9401, Oct 22, 2013
- RE: ANONYMOUS COMPLAINT AGAINST ATTY. CRESENCIO P. CO
UNTIAN, JR. A.C. No. 5900, April 10, 2019-09-17
- DR. ELMAR O. PEREZ v. ATTY. TRISTAN A. CATINDIG AND ATTY.
KAREN E. BAYDO A.C. No. 5816, March 10, 2015
- OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ELIZA B. YU,
METROPOLITAN TRIAL COURT, BRANCH47, PASAY CITY, A.M. No.
MTJ-12-1813 (Formerly A.M. No. (12-5-42-METC), November 22, 2016
- OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ELIZA B. YU,
METROPOLITAN TRIAL COURT, BRANCH 47, PASAY CITY A.M. No.
MTJ-12-1813, March 14, 2017