In

By
,

EDGARDO M. VILLAREAL II
BS Psych ology , Far Eaetern U nive rsity
Bache/or ofLaws, Pa ma ntasan ng Lungsod nil' Mayn tla
Lcuu Professor, J ose Rizal Uni versity
Lectu rer, City College of Ma nila
Member, IBP - Manila IV

FIRST EDITION

2002
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Philippine Copyright, 2002

/,.I~~j/ noM. VI LLAIl F.AL "

ISBN 978-971-23-3430-6
DEDICATION
No portion of this book may be copied or
reproduced in books , pamphlets, outlines or
notes, whether printed, mimeographed, type written, copied in different electronic devices or
in any oth er fonn, for distribution or sa le, with out the written permission of th e author except
brief pa ssa ges in books, a rticles, reviews, legal
papers, a nd j ud icial or other official proceedings
with proper citation.

To Papa and Mama, to my Ate who h ad

joined our Creator prior to my being a lawyer, to Kit and Boldt, to my nephew, Dong
and nieces Bea, Mara, Bianca and Nica and

of course, to my very own Lyn and to our

soon to be born child. this book is humbly
dedicated.

Any copy of thi s book without the corresponding number and the signature of th e
author on this page either proceeds from an
illegitimate sou rce or is in possessionof one who
has no authority to dispos e of th e lame.

ALL RIGHTS RESERVED

BY THE AUTH OR

"iY

597 4

REPRINTED: APRIL 2012

Prln'edby

REX P'''NRIlG coopANy. tic.

'woqo"""'& """'" '"~
IH P . F_tlno 51.. Ouelon CIly

T.I N.... 712-4 1-08 1 12 -41.(11

iii

ACKNOWLEDGMENT
The author ac knowledges the invaluable su pport a nd
guida nce give n by hi s tw o di stingui sh ed profes sors Dean
Ed uard o J .F.Abella and Judge Noli C. Diaa in the preparati on
of th is book.
Likewise to Atty. Car los M. Car los a nd Atty. Ma. Adela
Lucido, my research staff.
May everyone find wisdom in reading thi s book.
God bless us all.

I
I

TABLE OF CONTENTS
Cha pter I
INTRODUCTION
1.
2.
3.
4.

In troduction to Legal Profession

NatureofanAttomey ............................................
Legal Profession as 8 Subject
Bri ef history of the Legal Educa tion
in the Ph ilippines

1
4
6
6

Ch a p t e r II

THE STUDY OF LAW

1.
2.

3.

Reasons a nd im plicati ons in the study of law ......

Basi c skills a nd Qualit ies req uired
in th e study oflaw
Study oflaw, a serio us matter
,..........

11
14

Ch ap te r III
NATURE OF TIlE LEGAL PROFESSION
1.
2.
3.
4.

Practice of la w is a Profession
Three idea s inv olved in a profe ssion
Legal Profession; a privilege a nd 8 right
Standa rds of the legal profession

15
16
16
17

Ch a p te r IV
PRACTICE OF LAW
1.

2.

Defin ition of la w practice.... ...................................

What is not considered practice of la w .................
vi i

21
30

3.

Im portance of knowing what pra cti ce

of lnw it> ........................................................ 0.

4.

THE INTEG HATED BAIt OF

THE PHILIPPINES

ADMI SSION TO P HACTICE

Power to admit a pplica nts to t he Practice

of IIl W ..... . . .. . .. . . . . .. ... .. . . ............ ............. . . . . .. . . . . ..

2.
3.
4.
5.
6.

1.

2.
3.
4.
5.
6.

Integrat ion of th e Bar ................ ............... .............

Persons enti tled to p ractice la w ............... .............
Where non-la wye rs ma y pra ct ice la w ...................
Publ ic Officials prohibited from engaging
in private practice oflaw ..............................
Importance of knowin g who may be
allowed to pra ctice la w ..... ................ ........... ..

1.

32
35
39
51

2.
3.
4.

52

5.
6.
7.

53

Chapter X

liAR EXAMINATIONS

D1SCIPLINAHY PHOCEEDINGS
54

2.
3.

GETTING STARTED
I.

64
64

1.

2.
3.

The Code of Professionallh.spon8ibility ...............

Four-fold Duti es of a Lawyer .................................
Pri vileges of nn Attorney .......................... .............

viii

119
122

AItTICLES ON THE LEGAL

PROFESSION
1.

2.
3.

66

77

84

Qualities a young la wye r needs ........... ............ .....

Preventive Lawyering ....................................... .....

Chapter XIII

C ha p ter VIII

D UTIE S AND PRIVILEGES

OFALAWYEH

108

Chap ter XII

2.
62

104
107
107

CHOI CES OF A NEW LAWYER

lAW STUDENI"S PRACTI CE

Conditions ................................................ ............. ..
Privileged com mu nication .....................................
Standard of cond uct and su pervis ion ..........:.........

101
101
103

C hap tcr XI

55
56
56
58
60

Ch a plcr VII

1.

Concept ...................................................................
Purpose of In te gra tion ...........................................
Powe r to Inte gra te the Bar ... .................................
Constit utionality oflhe move to
integrate the bar ..... ................................. ......
Mem bership in the IBP ..... .................... ................
Organization ..................... ............... ..... ................ ..
Administrative Su pervision of the Supreme
Court over the Pres ident of the IBP .............

Ch a p lcr VI

Nature lind exten t of bar examin ations ...... ..........

The Bar Exami nation Committee .............. ...........
Duties a nd functions of the com mittee .................
Conduct of the examinati ons .................................
Coverage of th e Bar Examinations .......................
Oath and Cert ifica te ......... ........................... ..........

85

Chapter IX

Ch a p ter V

1.

Some decided cases on Legal Ethic s .....................

31

II

Focus on the Lega l Profession

By Justice Vlc ente V. M endoz a ........... ....
Great Leaders were Lawyers
By Atty. Leo n L. Asa ........ ...........................
Young Lawye rs Move On .. .
Share in the Unfolding of the Divine Plan
By Han. Josue N. Bellosillo ......................
i.

125
131

150

4.
5.

6.

7.
8.

E-Values for La wyers

B y Jus tic e ArtcDlio V. panganiba n
.
Lawyering @Century 21: Globali zati on, ICT
nnd the Lega l Profession
By AU y. Jos e Victor V. C han-Gonza ga ...

155

164

The Lega l Profe ssion in t he 21st Century:

Survival or Extinction?
By Senior Associa te J ustice J os u e N.
Bellosillo

176

Ready for the Bio-Age

B y Hon. Artemio V. Panganiban .-

182

..

187

Chapter I

1.

Legal Egos on t he Loose

B y Atty. Mike P apanto n io

Chap ter XIV

CONTINUING LEGAL EDUCATION
FOR LAWYERS
Bar Matter No. 850 (MCLE)
Mandatory Continuing Legal Education
Need for MCLE
Signifi canc e of the MCLE

.
.
.
........

190
203
205
207

APPENDICES

A layma n sc hooled or not is bound to know the law, as

ign orance of law eXCUHeS no one from compl ia nce therewith
(A rt . 3, new Civil Code). The popular m a xim called "ignoran-

This sound principle is premised on t he fact that if the case

is otherwise, every man may j ustifia bly escape from abiding
the law by mere excuse of want of knowled ge of the law. This
may result to chaos or an ab se nc e of th e rule of law in the
soc iety. It ha s been said that II comm unity cannot long endure
without order and that ord er cannot be attained without laws
to govern the cond uct of individuals . For this reason, t he lega l
profession is a very vital element in nation building since
there is no progress in a country without a ru le of la w.
The lega l professi on is a branch of the administration of
justi ce whose ma in purpose is to aid in the doing of justice
a ccording to law between slate and the individu a l and between man and man. This is the reason why legal profession
is affected with public in terest.

Chapter XVI
SOME BASIC LEGAL PRINCIPLES
AND MAXIMS

Lawyer 's Oath

RULE 138

RULE 138-A
RULE 139
RULE 139A
RU LE 139B
REPUBLlC ACT NO. 7662
BAR MATTER 730

Introduction to Legal Profes sion

tia legis non excu eot. " is on e of t he ba sic principles in law.

Chapter XV
PRACTICAL TIPS FOR LAW STUDENTS

APPENDIX "'N APPENDIX "B" APPENDlX "C" APPENDlX "D" AP PENDlX "E" APPENDIX "F" APPENDIX "G" AP PENDl X "II " -

INTRODUCTION

..

.
.
..
.
.
..

22 1
22 2
23::\

234
237
245
252
259

Legal profession has been regarded 0 8 one of the noblest,

if not the nobles t professi on in the world. In the Philippines,
legal profession is imp ressed wit h public inte rest with the end
view to wa rd s the administration of justice . Unlike in business
concerned with profits, la w profes sion's paramount concern is
to obtain justice in the most efficient and effective manner.
Law is a very popul ar career particula rly in the Philip.
pines . One major rea son for its populari ty is that the law

U :GAL rROt'F.3SION

profession offers wide range of opportunities in public service,

pri va te practice a nd business . Inciden tally, Art. 152 of the
Revised Penal Code provides that la wyers , in the act ual perfonnancc of their profess ional duties or on the occasion of
s uch pufonnance, sh all be deemed persons in authority.'

The necessities of civilized men, their human rights a nd

their property rights, all the compli cated relations of life, render
t he legal profession honor able and essential. In a society where
everybody de serves impartial t reatment before t he law, a law yer's serv ices are unques tion ably indi s pensable . The complexity of his fun ct ion s pla ces him in pecu liar situation of influence in his continuous contact with a great vari ety of people
and interests. Life, libe rty and jJroperty are th us entrusted
into his hands. Courts a nd j udges place great reli ance on hi s
words and actions .
In present ti mes, lawyer s a re st ill being looked up to by
the comm unity with high esteem. They are regarded as lea ders of the comm unity, or someo ne whom t hey can ask for help
or support. Since every layman is ought to kno w the law,
lawyers are indispen sable part of the community. His advice
and his as!listance are sought by the wealthy and the poor;
the strong a nd the weak; hon est a nd dishonest; in othe r words,
me n an d women from a ll walks of life. A teacher cha rged wi th
ma ltreatment or abuse of students, a doctor in a case of medical
mal practice , a policeman who was charged for arbitrary detention, or a busi nessman facing tax problem need the services of a law yer. Even a n ordinary pe rso n wh o would like to
correct an entry in his birth certificate or one needing to prepare an affidav it or contract would ordinarily ask for the a ssistance of a lawyer. A politic ia n also needs a lawyer not only
d uring elections but a lso when he assumes his elective post to
gui de or advice hi m as regards his prope r legislative agenda.

The prestige of the law profession makes every fa mily

deeiroua of having a la wyer in the clan. There a re even some
who a lready have one or few la wyers in the family, bu t still
would want a nothe r member follow their footste ps . Thi s, pe r-

IFoT pUrpool(!lI of Am. 148 lind 15 1 of the Rt-vi!\ed Penal Code .

INTH(lUUCTION

hap s , is d ue to the fact that a la wye r has a diversity of oppcrtunitiea aw aiting him. As a ma tter of fact. most of ou r national and local leade rs come from the lega l profession. In the
govern me nt, la wye rs enj oy first grade civi l se rvice eligibility
under R.A. No. 1080 where knowledge of law is a pre-requisite. For t hat matte r. a lawyer need not take a ny other civil
se rvice exam ination. Military and police personnel take up
law for career adva ncement. Incidentally, u nder the PN P
Reform Act, one uf the requiremen ts for pro motion is educationa l ad vancement, which includes study of la w. Lawyers can
also be fou nd in bu sinesses occupying top exec utive positions.
Even one who is not rea lly bout on indu lging in law practice
as a career, stil l would want to have a ba ckground on it since
mere kn owled ge of law if! certai nly a n a dvantage.
Althou gh la wyers are be ing looked up to by the community, they a rc not necessarily liked by many. Somc individuals
do not trust lawyers beca use they e ither categorize them as
big-mout hed crocod iles wa iting for a prey or a "J udas" willin g
to sell his mas ter for some silver coins. Ad mittedly, th e re a re
some mem bers who are disgrace to the profes sion but they do
not constit ute t he whole nor t he greater majo rity. The se a re
para sites that do not possess ethical standa rds required of
every me mber of t he bar. But what kin d of profession may
claim 0 h und red percent puri ty? Definitely the answer to this
question is none. Evcn the rel igious profession sometimes is
ta inted with Ir regularities. J ust like in a ny ot her profession
where there a re misfits , the legal profess ion is not exe mpted.
Another mi sconception about t he legal profession is that
there are too many la wyers in the Ph ilip pines an d that since
those ru n ni ng the affai rs of the gove rnment are mostly lawyers or h a ve la wyers 8 S consultants , ou r nation is facing a
bla nk wa ll towards prowess. Th ey were cla iming that if lawycrs can not agree on a certa in provision of la w in view of their
different opinion s or interpretations, how could they agree on
th e a ppro priate program to be used for t he country's de velopmen t? For sure the re are misguid ed cit izens of our country,
yet whatever they say no matter ho w erroneous it may be,
lawyers will always respec t their ri gh t to say it. This is how
8 la wyer is trained for TCSPl"C t to everyone's freedom of
expression .

LEGAL PROFESSIO N

At present , there are only abo ut fifty thousand (50,000 )

members i n t he roll of attorneys and th is includes members
wh o have d ied already. Out of this popu lation of la wye rs. a ppro ximately te n nO) to fifte en (15) percent are actually engaged in priva te practice . Most of t hose who hurdled t he bar
enter ei ther the government se rvice; engage in husinessea or
join the corpo rate world, or purel y devot in g their time in the
academe. Of those engaged in priva te p ra ctice, bulk thereof
are based in Met ro Manila and other firf;t class cities or
municipal ities . Only few or eve n none CAn be found in remote
places.
Society's di ver sified concept about the legal profess ion
notwithstanding, th e fact remain s th at th e legal profession
has a vital role to play in nation buildin g a nd is therefore an
indispensable element of our socie ty. In the Phili ppi nes, law
professicn is a m taeion. A mission to a dmi niste r jus tice not
only to those who have the ca paci ty to obtai n the services of
a lawyer but more importantly, to t hose deserving of justice
hut have less in life.
2.

Nature of an Attorney

An atto rney, who is sometimes called a n advocate or cou nsel, is one wh o aids in the a dministration of justice . The te nn
"attorney" is genera lly understood as having refer en ce to a
class of pe rsons who are by license constituted officers of courts
of justice, a nd who are empowere d to appear a nd prosecute
and/or defend so meone a nd on whom peculiar d uties, responsibili ties and liabilities are devolved by law in consequencc . It
has also been said th at a person acting professionally in legal
fonnalities, negotiations or proceedings, by warrant or authori ty of hi s client. is an attorney at la w within the usual
meaning of the te rm. An atto rney may in short be defined as
a pe rson se t apart by the laws of the land relating to the h igh
interest of pro perty, li berty and life. An attorney at law is
thus considered as a qu a si-officer of the court su bject to regulation. He is a n inh erent element in our jud icia l syste m.
Although , an attorney may ,,11m be defined as som eon e
who is employed by a party in a ca use to manage the sa me for
him, it ha s been held in a long li ne of ease s that a lawyer is

INT RODUCTION

above all an officer of t he cou rt . Th become a n officer of the

court is not an ea sy task. As a n advocate of justice, he should
be th e defender of the oppressed . His talents i.n law cons titute
act ive forces aimed at the administration of justice regardless
of politica l, socia l, economic, or religiou s stations in life of
party-litigants. A lawye r, although employed by a pa rty in a
ca us e to manage the sa me for him , is not a part of t he cause.
He should d issociate himself from t he facts of the case and
keep himself beyond the influences of the lit iga nts sim ply
because his primary pu rpose is to stand by the troth .
Ma nagin g the cause of a party li tigant d oes not im ply
resort to foul tactics or outright fal sehood s to mislead the
court a nd the public. H is business is to carry on the practical
a nd form al parts of the su it , to the best of his a bility, to help
clarify ma tters, a nd proc lai m what is righ t.
But first of a ll, there sho uld be an a uthori ty. Th e au thority of a n attorney commences with his r etainer, Afte r he has
been retained in a case, he ha s certain im plied po wers t herein.
As a matter of fact, the presu mption is that a n attorney has
au thority to ap pear; if the person he appears for does not
disclaim his a utho rity, he is deemed bou nd by the a t to rney's
actions or inactions .
As me ntione d earlie r, the first and foremost duty of a
lawyer is the ad mi nistration of justice, a nd h is duty to his
clien t is subordinate to that. So that. as for a s his relations
wit h hi s clie nt are concerned, he is duty boun d to be true to
the court and to his clien t; to man age the b usiness of his
client with care, skill a nd integrity; to kee p his clie nt informed
as to t he state of his b usin ess; to keep his secrets con fided to
him as such. It is however important to note that an attorney
is not a n insurer of the result in a case in which he is employed.
Membe rs hi p in t he ba r is an exacting responsibility. As
quo ted by one j u rist, "it if! a privilege burdened with conditions ," It imposes , a t thc very least, the obligation of attend ing
with due zea l and dil igence to a clien t's cause . Pe rhaps, it is
worthy to note that an attorney is not expected to k now a ll the
la ws; he may not be dis barred for an hon est mistake or error.

LEGAL PRu FESSION

lNTRODUGrION

Based on the foregoin g, it can be safely conclu ded that 8

lawyer must do hi s best in the a dministra tion of justice. Dea r
in mind that the legal profession is a bra nch of the admini..tration of justi ce and not mere moneymaking trade .

3.

Le gal Profess ion

88

a Subject

In view of the criticism the lega l profession ha s been

facing DOW, prospective la wyers should be indoct rinated as to
the real essence , s p iri t a nd purpose of t he lega l professi on
even before they a re a dm itted to this noble profession. Hen ce.
law students are bei ng in trodu ced to the rea l conce pt of lega l
profession in the ir very first se mester in the la w school.

From the tim e lega l education began in the Philippines,

the importance of tea ching the real nature, purpose and mission of the legal profession ha s not bee n gi ven mueh atte ntion. TIle training la w schools give their students has been
said to be pr eponderantly bar-oriented. The rea l goal of law
schools to prepare students for the practice of la w, to be a
respon sib le lea der of the comm unity a nd a n effecti ve administrator of justice assu mes only seconda ry im portance.
Seriou sly conside ri ng the issu e, a new law curri culum
wa s approve d by then Department of Edu cation Culture a nd
Sports in 1989. Additional sign ificant courses were added in
order to stres s the moral responsibility expected of every la wyer. The se a re Legal Profession , Legal Cou nseling and Problem Area s in Legal Ethics. These three subjec ts introduce to
a law studen t the et hical and moral obligations of a lawyer to
the court, to his clie nt. to his colleagues in the bar and to the
society. The mom ent a law stude nt en ters hi s first semester in
the law school, the su bject on legal profes sion is genera lly
give n to him .

4.

Brief History of the Legal Ed ucation in the Philippines

The sources of Philippine lega l education are Spain, which

ga ve the Roman Civil law a nd the Ca non la w a nd th e United
State s, wh ich is the forerunner of English com mon law in the
Philippines. Worthy to menti on also is the Indo-Ma layan in -

flu ence which shared th e Islamic Ja w in th e Ph ilippines. Not

to be excluded is the fact that even p rior to the Spanish reo
gtme in the cou ntry, we a lready have our own codified law,
an d t hst is the Code of Kal antiao.

Lega l Education in the Philippines formally began with

the establishment of Faculty of Civil Law at the University of
810. Tomas in 1733. From 1734 to 1800, out of 3,360 students,
only 40 studen ts graduated in its variou s la w programs _ 29
in Bachelors of Civil Ja w - 8 in Licent iate in Civi l La w a nd
3 in Docto , of Civil Law - s howi ng t he rigid t raining in t hese
cou rs es. In 1898, the Un iversidad Literia Fi lipi na s was established in 1\1aJol08, Bula ea n a nd offered courses in la w and
notary public. It moved la ter to Tarl a c. In 1899 , Don Felipe
Ca lde ron , au thor of th e 1899 Maloloa Constitution, foun ded
t he Escuela de Derec ho de Manila , which in 1924 was renam ed Manila Law School.
In 1910, the College of Law of the University of the
Philippines opene d with 50 Filipino a nd Ameri ca n stude nts.
The first dea n was Justice Shennan Morel and of the Philippi ne Suprem e Court. lie was la te r r epl aced by George A.
Mal colm, who also later on became a justice of t he Philippine
Suprem e Cou rt.
Otper law schools followe d : Philippin e Law School, 19 15;
University of Manila College of Law, 1918 ; Far Ea stern Unive rsity Inst it u te of Law, 1934 ; Southe rn College of Law, 1935;
Ar ell ano Law College , 1938 ; a nd Franci sco La w School, 1940.2
In 1911, the only educational r equirements for a la w
p rofession were a high school degre e as a pre-law and a th ree year Jaw course. Later, t he pre-law requisi te was incre a sed to
two yea rs of college studies in a dditio n to a hi gh school de.
gree. In 1960 , Sec . 6 of Rule 138 of t he Ru les of Court was
a mended by t he Su pre me Co urt increa sing the pre-law requ isite to a four-yea r bac helor' s degree i n a rts and science a nd
the la w course to four years of legal studies (bache lor of laws).

"lCoquia, Legal Pro{eniall. 19!J3 .

LEGAL PROFKC;SrON

The four-year la w cou rse put emphasis on the bar subj ects listed under Sec. 6, Ru le 138 of the Rules of Court: civil
la w, crimina l la w, remed ia l la w, legal ethics and practical
exercises, commercia l law, political la w, ta xati on, la bor la ws,
la w on publi c corpora t ion a nd pub lic officers, public a nd private inte rnational Jaw. The curric ulum al so contains non-bar
s ubjects like legal hi story, legal bibliography, stat utory construction, legal research, lega l medicine and court practice
among oth ers. In 1989, th e Department of Education Culture
n nd Sports a dopted a revised model curriculu m for the fouryear Bachelor of Laws degree composed of 5 1 subjects (approximately 124 units) which took effect i.i 1990. It olTered
more su bjects on the lega l profession . legal couns eling, legal
r esea rch and legal writing.

In 1964 , R.A. No . 3870 created the University of the

Philippines Law Center to cond uct contin uing leg al education
programs , legal research a nd publi cations. R.A. No . 7662 or
the Lega l Education Act WA S enacted in 1993 to empha size on
the areas of ad vocacy, counseling, problem solving, decision
making, ethics and nob ility of the legal profession , ben ch-bar
partnership, socia l commitment, selection of law students,
qua lity of law schools, t he ta w faculty ee well a s the la w
curri culum.j The Legal Education Board wa s likewise cre ated .
The la test u pda te on legal education is the Ma ndatory
Contin uing Lega l Education (MCLE ) program for members of
the Integrated Dar of the Phtlipplnee.' This Supreme Court
Resolution requires members of the bar to pursue further
stud ies in law a nd update themselves with the cu rrent laws
a nd jurispruden ce to e ns ure t hat throughout thei r career, they
keep abreast with law a nd jurisprudence, maintain the ethics
of the profession a nd e n hance th e standards of the practice of
law.

Chapter II
THE STUDY OF LAW

1.

Reaso ns and i m p lications in the s t udy o r la w

Many professi onals take up courses in law for varied

re asons. Most stude nts enter la w sc hools beca use of their
dre am to become a lawyer. Others e nroll in the college for
professional or career advancement. For instan ce, under t he
PNP Reform Act, one of the requirements for promotion is
further stud ies in various fields , a mon g them is the study of
la w. There are those who pursue t he course not becau se they
want to study law but only to follow the wishes of the ir pa ren ts or other in fluential memb ers of their fam ily. This unfortuna te class of stude nts a re either the probab le failures in the
bar e xa minations if in case they pas s the course, or are very
unlikely to succeed in their ca reers upon passing t he bar
examinations . For the secret of la w study is to love it. Th ere
are even stude nts who do not intend to take the bar exa mination s because their primordial conce rn is only to have a
ba sic k nowledge of law.
Wh a te ver the reason behind a st ude nt's enrollme nt in
the college of law is a lready be side the poin t once he/she is
already in t he battle. The hard truth is t hat studying la w is
not like eati ng a piece of cake . A first year stu dent entering
his first se mester in la w school will be surp rised if not shocked
to find out that the method of instructi on s therein is far mo re
different a s compa red to other fields of st udy. Unl ike in some
courses of d iscipline, once a la w st ude nt ente rs the cla ssroom,
he is expecte d to be prepared in the lesson or ha s a lready a n
ad equate knowledge of th e su bject matter. A law professor
wou ld just usually tes t his k now ledge of t he lesson/subject
im mediately without teaching him first the fundam en tal s of

''&-e. 7. R.A. No. 7662.

'Rar Mat te r No.

R.')(),

Till'.: STUDY Of LAW

10

LEGAL PROF ESSION

the to pic. Cla ssroo m discussion in t he law school is de signed

to test the st udent's k nowled ge of th e subject ma tt e r. Th is is
to trai n students not to rely on the lect ures of the professors
but de pend on t heir own researc h . a nalysis a n d study on a
p articu la r topic. Onl y a fter a scertai ning th e stu dent's ca pabil ity to comprehend a s well a s his knowledge of the subject
m et ter will the profe sso r s u pp ly t h e deficiency.

It is very important for a stude nt to understand that he

enters th e la w school not to k now the law. Although , ign oran ce of the la w excuses no on e a nd that laws of t he Philippines a re matters of judi cial n oti ce , mos t judges or even j u s t ices do not possess a dequate famil ia rity wit h a ll t he la ws of
the Philippines. Even th e most erudite la wyer or just ice would
not have kn owledge of a ll t he law s of the lan d. For one, the
U nited States of Ameri ca ha s d iffere nt laws than the Philippines. In the Philippin es, no one can safely claim tha t he
knows a ll the laws of the country. A student enters the la w
school to learn how to st udy the la w, a nd not solely to learn
the laws. If he inte nds to st udy a ll the laws while in the law
school , it will most proba bly take his entire lifetime. Rem em ber that our Congress pass legisla tions from ti me to time not
on ly since it is what they a re being paid for but most im portantly in order to confonn with the complexities of modern
life.

In Philippine se tting, the Congress of the Philippine s,

having plen a ry powers to enact, am end, revise or repe al la ws
gives the lawyer much of a headache. Upon the enac tme nt of
a pa rti cular statute, a lawye r is bound to study the la w in
ord er to keep himself abrea st wit h the current legisl atio n . He
is a lso duty-bou nd to u pdate himsel f with the current jurispruden ce rendered by the Supreme Court 8S the same, though
not considered a law, is regarded 8S part of t he lega l system
of the Philippines .' Since no agency of the government forced
him to ta ke up law, a lawyer sho uld face the responsibility of
his decision in joining t~e ba r.
In view of the comple xity of law studies, la w is sometim es referred to as a j ealous mistress that de mands muc h of
INew Civil Code, Art. 8.

11

you r atte ntion. No wonder, many wives or husba nds would

com pla in abo ut their la wyer spouse. They wou ld ofte n grumble th at eve n in bed or before going to s le ep, t heir lawyer
spouse woul d usually rea d some provisions of law or study
their cases. Concededly, la w may he rega rd ed us a jeal ous and
very de mandi ng mistress that if you ta ke it for grante d it
would defi nite ly leave you.
2.

Ba ste skills a n d qualiti es required in the study of

la w

As the la w profession is regarded as one of the most

gla moro us professions , ma ny individ u als want to become a
la wyer. Nonethe less, to be a lawyer ba sically involve s passing
the ba r e xa minations. Passing t he bar exa minat ions however
de pend on the proper skills learned in th e st udy of law.
It is bet ter to start. with the proper a tti tude a law student should ha ve as this wi ll ha ve a grea t bea ri ng in his
prepa ra tion .
a)

Dreams / Ambition

A st ude nt should drea m to become a la wyer. Thi s

will se rve a s his ene rgy in taking his day-to-day tasks .
Althou gh, ma ny of those who become la wyer s initially
d id no t drea m of becoming one, yet when they have experienced the ha rdsh ip in t he la w school a nd u pon recollection of the possible opportu nitie s t he law profession
offers, t hey ha ve as pired to be part of the lega l profession. ]f you decide to be a lawye r, you mu st decid e wholeheartedly. There is no pla ce for half-heartedness in the
law school.
b)

P erseverance

A la w student must be de termi ned to h urd le the

bar even if it will take a great degree of sa cri fice for his
pa rt. Wh ile studying law, one m ust be prepa red to mak e
so me a djustme nts to his sched u le. Th ose less important
ac t ivities should be ta ken at t he sideline. Th e family will
de finitely be affected but if t he st udent has the ability to
ma na ge his time effect ively, th at will help a lot .

'>

LF.G AL PRO}o'f':SSION

TIl E STUDY OF LAW

13

I
I

c)

Patience

St u dyi ng law require s a great degree of patience .

Reading a nd a na lyzing each provision of law as well a s
t he cases given fro m time to t ime may prove qu ite ex haustin g. Also , the long yea rs of study required to finish
t he course may di scoura ge a law st ude n t to conti nue
st udying law. But if he is patient a n d t aking his every day act ivities in school at 8 time with full concentration ,
it will definitely bring him to the ladd er of success.

In every profession al endeavo r, dreams, perseverance a nd

pa tie nce a re required to become successful. Your passion for
s tudyi ng law will keep you strong in dealing with your everyd ay tasks despite the h ardships, pains and failures you encounte r in law school. Just like in bodybuilding, your muscles
will not develop unless you perform correct phy sical activitie s .
But before your muscle s develop, you have to undergo 8 tediou s proce ss of experi en cing mu scle pains. Thi s holds true in
the st udy of law, you ha ve to let go of your other activities in
ord er to accommodate the study of law . You have to experience
the pains of rigorous s tudy, in order to gain ample skills in
legal studies . As they say, "no pain .. . no gain."
Dean Fortunato Gupit, in his article "How to be a Lawyer,"2 maintains that the ba sic tools on e must have to study
law a nd to pa ss the bar examina tions a re the so-called three
L's, namely Langunge, Logic a nd Law .
a)

La nguage

Languag e is the tool of the law. It is the instrument

by whi ch you unders tand, a nalyze and express the law.
If you have no working ma stery of it, it stands as a big
barrier betwee n you and your liste ner or read er, who
may be your professor or worst, he may even be the bar
exa miner himself. Faulty comma nd of.the language is a
huge roadblock to both comprehe ns ion a nd express ion.
At present, the lan gua ge of the law in the Philippin es is still English, a lan guage that is not uncommon
2Gupit , Jlnw to b<t' a liQ wyu , cited in Coq uia, l...gal Prcfeaaion.

to us . In fact, we have been taught of the English langu age since our primary school d ay s, Thus, it is ofte n
sa id th a t the study of la w must h a ve to start from ou r
early school da ys .
La nguage is a matter ofhabit.1b learn to U Re it is to
develop communication skills . Sin ce lan guage is no longer
in cluded in the la w school curri cu lum, you h a ve to exe rt
extra effort if you feel you still hav e to improve your communicetion ski lls. You ca n im prove you r langu a ge skills
by wid e reading a nd listening, keen perception and constant spea ki ng a nd writing. All these three compo ne nts of
the formula must Le sim ultaneous ly pursued. On e ma y be
r ead ing the langu a ge constantly but if he does no t have
keen perceptions of correct constructi ons and usages, his
le arning process may not be effecti ve. And even if he has
ke en perceptions , since language is ba sically skill , if he
does not cons tantly use it by writing it or speaking it, the
same ineffectiveness is the result.f
b)

Logic or Critical A nalysis

Cri tical a nalys is is very important in t he st udy of

law, Critical thinking does not mean, however, that one
has to be brilliant or intelligent. In fa ct any person with
a fair amount of intelligence can be a successful counselor.
As lon g as you ca n accurate ly evalua te a certain state of
fa cts using your logical a na lys is , you are trekking the
ri ght path. If you know langu age , more or less you know
logic. You do not know logic if you do not know language.
You mu st have a working knowledge of the principles of
logi c. Just like language, law curricu lum does not include logi c as a se parate su bject. Every stude nt of law is
expected to posses both knowledge of logic a nd language
before he enroll in the col1ege of la w.
c)

Law

This is the only tool in the law s tud y that one will
learn in the la w school. 1b know the law, on c mu st re ad

3Gupit, Id.

14

IS-GAL

PROFE.~SION

a nd continue read ing to keep hi msel f abreast with the

current laws and juri sprudence of the cou nt ry. Since a
lot of rea d ing is required in the law school, it is im pe ra tive for a student to t ra in himself in speed-rea ding a nd
to famil ia ri ze himself wit h legal terms a nd phrases towards easy com pre he nsion.
3.

Chapter III
NATURE OF TH E LEGAL PROFESSION

Study of la w, a ser-ious matter

From the d iscussions stated above it can be glea ned by

now that studyi ng la w is not a n easy task but is r ather a se rious and d ifficult matter. It entails a great deal of sac rifice,
efforts a nd expense to belong to the glamorous profession of
Jaw.

Ali state d earlie r, in the Philippines, 8S a matter of rul e,

one can not be a lawyer without pa ssing the ba r examina tions .
To pa ss the bar exam inations a nd to e nsure success in the profession , a student has to be thorough a nd cons cientious , He
must be read y to spend sleepless nigh ts wit h his lesson ", to
understand the particul ar provision s of th e law and th e philosophy beh ind them, a nd a lso to memorize im portant provisions of la w.' The law stude nt al so has to read the numerous
cases in the copi ous of the Philippine Reports, the Officia l Gazette, the Supreme Court Reports Annotated (Se RA), and othe r
materia ls fer recent decision s, digesting material facts a nd
a nalyzing th e doctrines in eac h cese.!

So if you really want to become a la wyer, be prepared to

exert every effort to pa ss the bar. If you are half-hearted a bout
the st udy of la w, might as well forget taking the bar examinations or better yet , do not enter the la w school. It will only
be a fru strating experien ce for you. But if you ha ve the qualities a nd tools needed for th e profession , and willing to suffer
the pa in , the n go on and climb the lad der towa rd s th e exalted
profession oflaw advocacy. By the way, a lways remembe r that
lawyers a re made, not born ,

t pas lliflll t h l' Bar and 1M New La~N, Au y. I.eon Asa. Publish ed in

the La wyer 's Revie w, April 30 , 2000.

6Id.

1.

Practice o f la w is a P rofe ss ion

Thc te nn "profession" refers to a group of men pursuing

a learned art as a common calling in the s pirit of pu blic service. A profession differs from a trade or busi ness because the
prima ry purpose of the lat te r is econom ic ga in or profit. Whi le
in a pro fession, gai ning profits is merely incidental.
The practi ce of law is a profession, a fonn of publi c t ru st,
the performa nce of wh ich is entr usted only to those who are
qu alified a nd who possess good moral character} If the respect of the people in the honor a nd integrity of the legal
profession is to be retained , both law yers a nd layme n mu st
rec ogni ze and realize tha t th e legal pro fession is a profession
not a trad e, a nd tha t. the basi c ideal of the profession is to
render pu blic servi ce a nd sec ure justice to those who seek its
a id.2 Si nce it is not a bu si ness, adequate compe nsation for
every se rvices re nde red should not be the primordial concern
of every la wyer, but ra ther it should be the spir it of pub lic
service a nd the administration of j ustice. Remembe r t hat law
profession is a branch of the a dminist ra ti on of just ice a nd not
a mere moneymaking tr ad e .j
2.

T h ree ideas in volv e d in a profession

1.

Organization - Lawye rs organize as a professi on

thru the bar associa tions, defined as a n associa tion

lLt>de" ma VR. Climacu, 5 7 SCRA 473.

ZC iu.'d in Agpalo, !.A'gll l 1':thiclI, 1992 1':11" p . 12.
'Ca no n 12, Canon s of Profellsional Eth iCfl.

15

LEGAL PROFESSI ON

16

of persons practicing the profession of la w formed

and maintained to promote and uphold the purposes a nd spirit of that profession.
2.

3.

3.

Learn ing - Professions are learned not only from

the nature of the a rt professed but historicall y ha ve
a cultural, and ideal side which fu rt hers the exercise of that a rt . Problems of hum an relations in
socie ty. of di sease , etc. are to be deal t with by th e
resources of cul tivated in tellig ence. To carry on their
tasks most effectively, they mu st be more th an resou rce ful craftsmen. They mu st be learned men.

Spirit of Public Serv ice - Every profess ion aims at

the exercise of powers beneficial to mankind. The
spiri t of public se rvice in which the profes sion of
law is a prerequisite of a sound adm in istra t ion of
justice.

Legal Profession; a privilege a nd a right

Membership in the lega l profe ssion is a privile ge granted

by the state only to those deserving indi vidu al s. It is in the
nature of a fr anchi se conferred only for merit whi ch must be
earned by hard st udy, learning and good conduct .' Not a ll
persons wh o want to join the legal profession may be BCCeIJted
a nd corolla ry to this, not all can practice law in the Philippin es. For on e to be admitted in the practice of law a nd for a
cont inu ed enjoym ent thereof, he mu st possess all the required
qualification s needed in th e profession among whi ch is the
conti nue d pos se ssion of good moral characte r. The pra ctice of
law is a pri vil ege accorded only to those who measure up to
the exacting stand a rds of mental and moral fitn ess . Thus, i n
one case, a lawyer was disbarred for having exhibite d debased
morali ty. In that case, the Court emp ha sized, that the ancient
an d learned profession of law exact" from its members the
highest standa rd of morali ty'' Good moral cha racter is a conditi on wh ich precedes adm iss ion to th e Bar a nd is not dis-

NATURE OF Til E LEG,\L PROFESS ION

pensed with upon a d m ission th ereto. It is a continuing

qu a lification which a ll la wye rs mu st possess.' The m embers
are in fa ct , enjoined to a id in guardi ng the Bur against the
ad mission of cand idates unfit , u nqualified or deficient in e ither mo ral character or education ."
The la w as a pr ofession preced es from the basic premise
th at membersh ip in the Ba r is a privilege burdened w ith conditions a nd carri es with it the re spo nsibility to live up to its
exa ct ing standards and honored traditionef
Although the la w p rofession is to a great exte nt a privi lege , whi ch may be wit h held or exte nded i n the exercise of
so un d judicial di scretion , ye t it is a lso a righ t in a lim ite d
se ns e. A lawyer cannot be prevented from practicing law exce pt upon valid cause a nd only after a ffording him due p rocess, He cannot be pre vented from appe ari ng before any judicial , quasi-judicial, or a d minist rative tribunal a s long as he is
a member of the bar in good and regu lar standing.

AJ!J a n officer of the cou rt, he enj oys the p resumption of

regularity in the performance of his duties. lie ha s the ri ght.
to protest in a respe ctful manner a nything whi ch he thinks is
prejudicial to the orderly and exped itious administ ration of
justice. He ha s the right to stand up for his righ t or the ri ght.
of hi s client even in the face of a hostile cou rt. These rights
and/or privileges enjoyed by a lawyer are nece ssary not only
for the protection of h is client but more imp ortantly towa rds
the speedy, inexpensive and orderly administration of justice .
4.

S tandards of the le g al profession

Justice Vicen te Mendoza in his speech" ma intained. that

lik e medicine and the min istry, law is a service professi on ,
a nd therefore, it mu st be me asured by the standards of t hose
professions: its ind ependence, its accessibility and its lea rn-

6People VII. Tuanda , 18 1 SCRA 682.

TY Puno, 19 SC RA 439 .
81..ede,"na VII. Clirnaco, I Up ru.
!lJ>ubliRIwd in the t .a wy t'r 'll Revil"w. April 30. 2001, p. 1.

' In
4Jn re Syci p, 92 SC RA 1.

&Ba rT1t'n to8 VII. Da a rol , 2 18 SCRA 30.

17

re

LEGAL PROFESS ION

NATIJRE Of TIlE LEGAL PRQt,,.::SSIO N

19

ing. <citing Pa u l A. Freund , The Legal Profession , Dae da lu s

35, 39 [1965]). He wen t on wi th the followin g d iscussions:

1. Independence. A lawyer's re lation to h is client en tails ethi ca l problems. Lawyers a rc not hired guns ou t to do
their client's biddi ng. They are professiona ls, wh o mu st accordingly conduct th emselves in a professional way. 1b be su re,
a la wyer owes en ti re devotion and loyal ty to hi s client. But it
is devotion a n d loya lty with in the bounds of honor. As the
Code of Professional Responsib ility puts it, 8 lawyer (must)
rep re sen t h is cli en t with zeal wit h in the bou nds of t he la w"
J ustice Bra nd ei'e ad vice to young lawyers was that th ey should
hav e clien ts rat h er t h a n be somcbody's lawyer.
K

Indeed, the involvement of lawyers in th eir client's ca u ses

should not make them oblivious to the cross cu rrents of cornpeting cla im s. Wh at they should do is to ge t immersed in
t heir clients, case s but not to drown them selves into the ir
clients' ca use s - t hey must get in volved in t h e cases , lest
they become detach ed a nd coldly di spassiona te, but they must
like wise learn to get out of the ex perience so to speak lest
th ey become bemused a nd se ntimental.
J ustice Mendoza continued , "I recentl y ca me across an
accou nt of a young Harvard Law School graduate, who is one
of th e prosecuto rs in the International Cri mi nal Tri bunal for
th e former Yugoslavia. P eggy Ku o, the you ng la wyer, was
success ful in persu a ding t he j udges to consider rape com m itte d by Bos nia n Ser bs a gai nst Mu slim women during the
Bosnian wa r a s a war cri me. In a n interview wit h Time
Magazinc recentl y, she was as ked wh ether sh e does not get
persona lly a ffec ted by t he pligh t of the women victims. Her
reply wa s: So met imes when you 're talking to them you j u st
have to cry, a nd it's O .K. it's part of t he work, and t hen you
move on." (Ti me Maga zine, Ma rch 26, 200 1, p. 53) Th at is
what I mean by gettin g immersed in the case of one's client
a nd the n wit h dra wing from t he emotional experie nce a s a
necessi ty for m aintainin g one's inde pen de nce, is not on e's
ba lance.

2. Accessibility . How read ily availab le are its se rv ices

ava ila ble to our peo p le'! By t h is, I do not on ly mean t he
ma intena nce of leg al a id clinics for indigent pe rsons, im por-

tant a s this a spect of t he work of t he orga ni zed bnr is. J ust as

deserving ofJ egal aid a re those persons w ho are either fin ancia lly capable of payin g in full for t he se rvi ces of a la wyer or
ore u n able to pay in full but nonetheless can not be considered
indigen t persons.
You may think it paradoxica l that people who are fina ncia lly a ble woul d nee d help. The truth is t hat t hey often do
not know who m to enga ge as coun sel; wh at t hey thus n eed is
a reli abl e sys te m of refe rral which a b a r organization sho u ld
be able to p rovide. Very ofte n, rnen y a balikbayan needs re ferral service eit her because he ha s lost contact with local peo ple
from h aving lived abroad so long, or because his prob lem in volve s com plex ques tions, s uch 8S estate planning an d taxati on.
In these instances , t he bar sho u ld be abl e to a id t he
publ ic in the selection of a com petent la wy er a s part of its
duty to m ake its se rvi ces available. Lega l se rvices a re needed
not only by indigent pers ons, but eve n by those wh o a r c a ble
to pa y t heir way but do not kn ow who m to engage as counsel.
Not on ly must legal se rvices be avail a ble to all. Lega l
services must be made ava ilab le a t the ea rliest possible time ,
and n ot when a case wa s a lready in cou rt. F or j ust as t here
is a need for pre ventive medi cin e , t here is also a n eed for
pr eventive legal coun se ling so that partie s will be saved fro m
t he troubl e, t h e expe nse a nd the anxiety of liti gation . Such
services can range from t he dra fting of con t racts to the m a king of will s.
Finally, in discussing t he availabili ty of th e bar, let us
not forget a not he r cha llenge - the readiness of its members
to engage in public service. One p rou d t r ad iti on of th e bar in
th is country is th at it h as bee n t he sou rce of lea dership in our
gove rn ment. Des pite t he fin a ncia l opportunities offered by
private practic e, many la wyers h a ve cho sen government se rv ice, thus vindica ti ng the legal pro fession as one "charged wit h
public d uties a nd responsibilities ." La wyers must be a ble to
shu t tl e between priva te practice a n d government se rvice,
enjoyi ng not only t he fin a ncia l privil eges of th e former b ut
also t he civic rewa rds brough t a bou t by th e la t te r. Public
se rvice, t hough ad mittedly short on monetary ga ins , poses a

1,
I'
20

LEGA L PIH.WESSI ON

unique challe nge to a la wyer 's integrity 8 S well as his com petence and ability a nd offers psychi c benefits that go beyond
pesos and centavos.
3.
Learn ing . The Code of Profession al Responsibili ty
states that " a la wyer (m ust) Herve his client with compete nce
and dili gen ce." But a bar to be a ble to discharge its public
d uties a nd responsibilities mu st be a learned organization.
The proliferation of legal ma te rial s an d the emergen ce of ne w
specialti es in la w, brought a bout by the growing complexi ty of
our society, are a cha lle nge to ou r commitme nt to excellence
_ whether as members of th e pra cticing ba r of the acade mic
branch of the pro fession.

The foregoing cri teria or standa rds of the lega l profession given and discu ssed by Mr. Justice Mendoza , may be too
short of a discussion . Yet, it is a great challenge not only to
those who M e a spiring to be come members of the learned
profession but also to those who are already part of it . As fina l
word s, he stressed that: "Th e bar must be able to commu nicate to the pub lic its aims a nd purposes. It mu st be able to
expl ain to lay people the la ws a nd regu lation s in clear, sim ple
and understandab le language 8 0 th at pub lic re spect for the
la w will be fostered. This is a n endeavor through wh ich the
learn ing of the bar must be channeled."

Chapter IV
PRACTICE OF LAW

I.

D efin ition of law practice

The te rm "prac tice of la w" is incapable of exact definition . Whether a pa rt icula r a ctivity com es with in the meaning
of the term will depend upon the facts or attenda nt circumstances of the case ta king into se rious cons ide ra tion the gen eral principles and doctrines laid down by the court regarding
th e su bject mat ter. It usually involves t he carrying on of the
calling of an attorney, usu ally for com pe nsation, acting in a
re presen tative capacity a nd rendering service to another.'
Bla ck's Law Dictionary defines practice of law a s the
rendition of se rvices req uiri ng the k nowl ed ge and the a pplication of lega l principles and techniqu e to se rve the inte rest of
a not her with h is consent. It is not limited to a ppea ri ng in
court or advising or assisti ng in the conduct of litigation. bu t
embraces the preparation of pleadings , and other papers incident to actions and special proceedings, conveya ncing, th e
preparation of legal instrumen ts of a ll kinds , and the ~>ivin g
of lega l ad vice to clien ts . It embraces a ll ad vice to clients a nd
a ll actio ns taken for t hem in matters con nected with the law.
An a t to rney engages in the "pr acti ce of law " by maintaining
an office where he is held out to he a n a ttorney, using a letterhead describing himself as an attorney, counseli ng clie nts
in lega l matters , negoti a ting with opposing counsel a bout
pen d ing litiga tion, a nd fixing a nd collecting feee for services
rendered by his associato.t Therefore, based on the foregoing,
lPeoplc va . Villanueva , 14 SCRA 109 ,
2Blac k1I JAW Diction ary, 5t.h Ed ition .
21

PRACTICf': OF l.AW

22

P ract ice is more th a n an isola ted appea ran ce ,

for it cons ists in frequent or customa ry action, a
s uccesaion of a cts of the same kind. In othe r word s ,
it is a habitua l exercise . (People vs. Villanueva , 14SCRA 109 , cit ing State vs . Cotner, 127 p. I, 87 Kan.
864).

engaging in the practice of la w pre s upposes the existe n ce of

a n atto rney-client relation ship.

In a line of cases decided by the Supreme Court, it held

t h at practice of law is m ore t h an a n isolated t ransaction or
a ppea ra nce, for it consists of frequ ent or custo ma ry actions, a
success ion of acta of the same kind. One is sa id to be in the

2.

Occa sional dra fting of si m ple deeds a nd other legal instru ments however, when not conducte d 8S an occupa tion h as
been held not to cons titute the pra ctice of law. Neither if the
prepara tion of such work invol ves on ly the clerical labor of
fillin g in the bla nks on a read y mad e fonn or a mere mechanical act of copying from a file or finished document which involved no legal thing."
Justice P adilla, in h is d issenting opinion in the case of
Cayetano vs. Monsod, C .R. No. 100113, Septe mber 3, 1991
(201 SCRA 2 10), gives the following crite ria for t he practice of
law :
Habituality, The "term prac tice of la w" implies cus1.
toma rily or habitually holding onese lf out to the
pub lic as a law yer (People vs. Villanueva , 14 SCRA
109, citi ng S tate vs. Boyen, -4 S.E. 522, 98 N.C. 644)
such as when one sends a circu la r a nnouncing t he
establish ment of a la w office for the general practice of la w (U .S. vs . Ney Bosq ue , 8 Phil. 146 ), or
whe n on e takes a n oath of office as a lawyer before
a notary pu blic, a nd files a manifestation with the
Su pre me Court informing it of his intention to pr actice law in a ll cou rts of th e country. (Pe ople vs . De
Lun a, 102 Ph il. 96 8 ).

3P l-"<l pll' VII. Villaneuva , id .

'Cilt'd in IRgal CoumwliTlll , Berte, 97 Ed., p. 7.

Compensation, Pr act ice oflaw implies that one mu st

have presen ted hi mself to be in the acti ve practi ce
a nd tha t his professi onal services a re a va ilable to
t he pub lic for compe nsation, as a sou rce of his livelihood or in considera tion of h is se rvices. (Pe ople V B .
Villa nu eva , sup ra) . Hence, charging for services such
a s prepa ra tion of documents invo lving the use of
legal k nowled ge a nd skill is withi n the te rm "prac tice of la w" (Erna ni Pafio, Ba r Review er in Legal
and J udicial Ethics , 1988 Ed., p . 8, citing People
vs . People's S tockya rd State Ba nk, 176 N.B. 901)
and, one who render s an opini on 8 S to the prope r
interpreta tion of th e statute, a nd receives pay for
it , if! to that e xtent pract icin g la w. (Ma rtin, supra,
p. 806 , citi ng Men del eun v. G ilbert a nd Barket Mfg.
Co., 290 N.Y.S. 462). If compensation is expecte d
"all a dvi ce to clients a nd a ll ac ti on take n for the m
i n ma tte rs connected with the la w a re pra cti cing
law. (Elwood Fitch ette , et al. VB . Arth ur C. Taylor,
94A-L.R. 356-359).

practice of la w if he is cus tomari ly or habitua lly holdin g hi mself out to th e publ ic 8S 8 la wyer. and demanding payment for
such services. The appe arance of coun sel on one occasion is
not conclusively determ in ative of e ngageme nt in the practi ce
of law. Prepa ring documents an d renderi ng legal services a re
within the term pra ctice of law.3

'"

23

LEGAL PROFESSI ON

3.

Applica tion of law, legal pri nci ple, pra ctice , or proced ure which calls for legal k nowled ge , tra ining a nd
expe rience is within the term "pract ice of la w."
(Ma rti n, supra).

4.

Attorney -client relationship. Enga ging in the pra ctice of la w pr esu pposes the existence of la wyer-client rela tionship. He nce, wh ere a la wyer undertake s
a n activity which req uires k now ledge of law bu t
in volve" no attorney-clien t re lationsh ip, s uch a s
teachi ng la w or wri ting la w books or articles, he
ca nnot be said to be engaged in the practice of his
profession a s a la wyer. (Agpu lo, l.igal Eth ics , 1989
Ed ., p. 30)."

Ic

U :GAL PROF ESS ION

24

From t h e foregoing crite ri a , pra ctice of law implies cus-

toma rily or habitually holding oneself out to the public,

8S 8

lawyer, for compensation as a source of livelihood or in conside ration of his s e rvi ce.f Moreover, it is more than bll isola ted
a ppeara nce for it consi sts of frequent or customa ry actions , a

succession of acts of the sa me kind . The appe arance of counsel

in one occasion is not conclusive as dete rminative of engagement in the practice of Jaw. ThUR, it has been held in People
us. Villanueva 6 that the a ppeara nce a s private prosecutor in
one case of a city at to r ney does not const itu te pri va te practice
within t he prohibition.

However, un der t he "modem concept" of pra ctice of law,

it is defined as "any activity in or out of court, which requires
the application of law, legal procedure, knowledge, training
and experience. Th engage in th e practice of law is to perform
tho se acts whi ch are chara cte ristics of the profess ion ," Justice
Paras , in the sa id case of Cayetano vs. Mons0cJ8 emphasized :
"The teat that defines law practice by looking to traditional
a reas of la w practice is esse nt ially tautologous , unh elpful
defining the pr actice of law as that which th e lawyers do. Th e
practice of la w is defined as "performance of a ny acts ... in
or out of court, commonly understood to be the pra ctice of law.
Because lawyers perform almost every function known in th e
commercial and governme ntal realm , such definitinn would
obviously be too global to be worka ble." (emphasis supplied)
Practice of law is th e "rendition of services requiring the
knowledge a nd a pplicatio n of legal principles techniques to
serve th e inter est of another with his consent , It is not limited
to appeari ng in court, or a dvising a nd as sisti ng in th e conduct
of lit igation , but embraces th e prepara tion of pleadings, and
other papers in cident to a cti ons and special proceed ings, conveyancing, the prep ara tion of legal instruments of all kinds ,
a nd giving legal advice to clients.r"

~I'e()pl e VB . Villan uev a, supra.

BI4 SCRA 109.
'CaYl"lano vs . Mon!!Od , 20 1 SCRA 2 10.

PRACTICE OF LAW

ThUR, th e givi ng of legal a dvice for compensation rega rding th e legal status a nd rights of another a nd one's conduct
with res pect th ereto constit ute s pra ctice of la w. One who
renders an opinion as to th e prope r interpret ation of a statute , a nd receives pay for it, is to th at exte nt practicing law.
Providing infonna tion about foreign la ws on marriage, divorce
a nd adoption which e ntails explaining to th e client the intricacies of the law a nd advi sing him or her on the proper course
of action falls squa re ly with in the juri sp, uden ti al definiti on of
th e practice of law. to

CAYETANO VB . MONSO
201 SCRA 210
Facts:
Petitioner ques tioned the a ppointment of here in responde nt a s Cha innan of th e Commission on Elections
(COMELEC ) for lack of the necessary qu alifi ca tion of
having been engaged in the practice of law for at least
ten (10) years, It was establis hed that a fte r graduating
from th e College of Law and having hurdled th e bar,
respondent worked in the law office of hi s father for a
short while , th en worked as a n operati ons officer in the
World Bank Group for a bout two years , which involved
getting acquainted with the laws of member-countries ,
negotiating loans and coordinati ng legal , economic and
project work of the Bank. Upon returning to th e Philippin es , he worked with the Meralco G rou p, served as chief
execut ive officer of an investment bank a nd has subseque nt ly worked either as chief executive officer or con sultant of various compa nies . He was a lso nam ed a s
Sec reta ry-Ge ne ral a nd la te r Nati onal Chai r man of
NAM FREL, whi ch made him knowledgeable in election
la ws. He a ppeared for NAMFREL in its accre ditation
heari ngs before t he Commission. He a lso claimed to ha ve
work ed with th e unde rprivileged sector s, a nd was also a
member of the Daoide Commission as well as the Const itutional Commission.

ft/d .

9/d .

25

'OUle p ' B. The Le ga l Clinic, Inc., 42 SCAD 387, 22.1 SC RA 378.

Lt;GAL PR(\!"ESSJO N

26

Issue:
whether or not re sp ondent POSse!:!!1 the requirement
of 10 year practice of law'!

Held:
Interpreted in the light of the various definitions of
the term practice of law particularly the mod ern concept
of la w practice, a nd taking in to consideration th e liberal
construction in te nded by th e framers of t he Const itu tion,
Atty. Mon sod's pa st work experiences a s a la wye r-economi st, 8 la wyer-m a nage r, 8 lawyer-ent re p ren eu r of industry, 8 la wyer-negoti a to r of contracts, a nd a la wyer-legisla to r of both the rich a nd the poor, verily more th an
satisfy the constitutional requirement that one must be
engaged in the practice of law for a t lea st ten ( 10) years.

This decision of the Su preme Court wa s high ly criticized by many, among t hem a re some members of the
Court who wrote their d issenting opinions:
Justice Padilla stressed that "pra ct ice" - refers to
the actual performance or application of knowledge as
distingu ished from mere possession of knowledge; it connotes a n act ive, habitual, repeated cus toma ry action .II Th
"practice" la w, or any profe ssion for that matter, means
to exercise or pursue an employment or p rofession actively, habitually, repeatedly or customarily.
The refore, a doctor of medicine who is e mployed
a nd is habitually perfonning the tasks of a nursing aide,
cannot be said to be in the "practi ce of medicine: A certified public a ccountant who wor ks ae a clerk, cannot be
sa id to practice his profession as an acco u ntant, In t he
same way, a lawyer who is em ployed as a bu siness executive or a corporate manager, other than as head or
attorney of a lega l depa rtment of a corpora tion or a governme n tal agency, cannot be said in the practi ce of la w.

lIWe1.lllw r 'lI New In ternati onal Dictiona l')'.

PHACTI C~:

OF LAW

27

Justice Cruz, on the ot he r h and, sta ted: " I have the

unc omfortabl e feeling that one d oes not even have to be
a law yer to he engaged in the practice of law a s long a s
his activities in volve the a pplication of some la w, howeve r, pe ri pherally. Th e stock broker a nd the in surance
adj uster a nd the realtor could com e u nder the definit ion
as they deal wit h or give advice on ma t ters that are
lik ely "to become in volved in litigat ion."
He con ti n ued , "The effect of the d efin ition given in
the ponencia is to consider virtually every lawyer to be
en gaged in th e practice of law oveu if he does not earn
his living, or at lea st part of it , a s a la wyer. It is enough
tha t hi s activities are incid entally (even if only remote ly)
connec ted wit h so me la w, ordina nce or regul ation . The
possible exception is the la wyer whose incom e is derived
from teaching ba llroom dan cing or escorting wrinkled
ladies with pub escent pretens ions.
Justice Gu tierez, for his part criticized the decision
in this wise: "A person ma y have passed the bar examinations, bu t if he ha s not d ed icated h is life to th e law, if
he ha s not engaged in an activity where m embership ill
the ba r is a requ irement, I fail to see how he ca n claim
to have bee n e ngaged in the practice of la w."
He adde d, "Enga gi ng in the practice of la w is a
qu alifi cation not only for COME LEC Chai rman but al so
for a ppointment to t he S upreme Cou rt and all lowe r
courts. Wha t kind of Judges or Justices will we ha ve if
their mai n occupation is se llin g real estate, m anaging a
bu siness corporation, servi ng a fact -finding committee,
working in med ia , or operating a farm with no active
inv olvemen t in t he la w, whether in govern ment or in
p rivate practice, except that in one joyful moment in the
d istant past , th ey happened to pa aa the bar exami nati ons?"

Despite co mplex opinion on the mat ter, a nd regardless of which view a la wyer may favor, sett led is t he rule
that under the doctrine of sta re decisis, every one must
a dhe re to the controlling decision of t he Su preme Court.

28

LEGAL PROFESSI ON

(Au thor's note : Th e fore going dissen t by the J u stices was presented only for aca demic purposes without
any ill intent ion whatsoever, a lthough, th e dissent of th oec
J ustices a re conceded ly very sou nd opinions which ca ll
for serious con side ra tion.)

ULEP

VB.

LEGAL CLINIC , Inc .

J'RACTI CE OF LAW

Filipina Fian cees . Adopti on . Inve stment in t he Phi l. US!

Foreign Visa for Filipina Spouse/Children. Ca ll Marivic.
T ilE

7F Victoria Bldg. 429 UN Ave.,

LEGAL

Ennitn , Ma nila n r , US EmbnAAY

CLINIC, INC.

Tel. 521.7232; 52 1725 1

522204 1; 521 '()767

42 SCAD 387, 223 SCRA 378

Facts:
Petit ioner asked the Court to direct respo ndent to
cease a nd desist from issuing a dvertise me nts simila r to
or of th e same te nor 88 th at wh at respondent did an d
further a sked the Court. to perpetually prohibit persons
or enti ties from ma kin g adv ertisements pertaini ng to the
exercise of the la w profession othe r than those all owed
by law.
Th e a dvertisements com plai ned of by the petitio ner
a re a s follows :

29

It is the submission of the petitioner t ha t the abo ve

advertisements are champertous, unethical , demea ning
of the law profession a nd des tructi ve of the confidence of
the community in the integrity of the members of th e
ba r.
In its an swer, re spo ndent a verred tha t it is not
engaged in the practice of la w but in re ndering of "lega l
s u p port servi ces" through pa ralegals with th e use of
modern computers and electronic mach ines .

Issue:
SECRET MARRIAGE?

P560 .00 for a va lid marriage,

Info on nrvoncs. ABSENCE ,
ANNULM ENT, VI SA.
TilE LEGAL CLIN IC, INC.
Please call : 5210767, 8 :30 a m - 6 pm
And:
GUAM DIVORCE.
DON PARKI NSON

a n a ttorney in G uam , is givi ng FREE BOOKS on Gu am

Divorce through the Lega l Clinic begi n ning Monday to
Friday d uring office hours .
Guam Di vorce. An n ulment of Marria ge. Immigra tion
Problem s, Visa Ext . QuotalNon-quota Res . & S pecia l
Reti ree's Visa . Declara tion of Absence. Remarriage to

Whether or not thi s is pract ice of la w a nd

If it is, wh ether or not it is prohi bited a dvertising.

Held:
Yes , it is cons idered
a dvertisi ng is prohibited.

8S

pract ice of la w, a nd s uch

Th e prac tice of la w is not limited to t he cond uct of

cases in court. It includes legal a d vice a nd counsel, a nd
t he prepa ra tion of lega l instruments a nd contracts by
which legal rights are secured, a lt houg h such matte r may
or may not be pending in R court.
Givin g adv ice for com pe nsation regarding t he lega l
s tat us a nd rig hts of a nother a nd the conduct with respect thereto cons tit utes a practice of la w. One wh o
r end ers an opin ion as to the proper interpretation of a
statute, and receives pay for it, is to that exte nt, pract icing
la w.

30

LEG."J . PROn;SSION

In providing infonnation about foreign laws on marri age, divorce a nd ad opt ion , th e corporation , with its
at torneys and para legals will necessarily h ave to explai n
to th e clien t the intrica cies of th e law a nd advise him/her
on the p ro pt~r course of a ction to take 8S may be provided
by sa id law. The act ivity fa lls squarely with in th e jurispruden t ial defin iti on of "practice of law,"

The standa rds of the legal profession condemn th e

lawyer 's adve rtiseme nt of his talents. A la wyer can not,
without viola ting th e ethics of th e profession, a dvertise
his talen ts or skill s in a manner similar to a merchant
advertising his goods . Th e Code of Professional Responsibility provides that a lawyer in mak ing known his services to ot he rs s h a ll u sc on ly t rue, h onest, fair, dign ified
a nd objective information or state ments of fact ,
Of course, not nil types of advertising or solicitation
are proh ibited . Th e ca nons of t he profession enume rate
exception s to the r ule against advertising and define th e
exte nt to which they may be undertaken (e.g" publication in a reputable law list; use of ordina ry simple pro fessional ca rd which may include specia l branch of law
practiced ; simple announcement of openin g of law firm;
listing in te lephone directory but not under a designation of special branch of law), Taking into considera tion
th e nature a nd con tents of respondent's advertiseme nts
which even includes a qu ota t ion of th e fees cha rged (plu s
a dvertise me nt of free dist ribution of books on Guam
Divorce), th e Court held that the same defini tely do not
fall under a ny of th e a foreetated exceptions .
2.

Pl tACTICE OF I.AW

the lega l effects of facts and condit ions , or when ever such acts
involve t he use of skill and inte llect by a lega l mind tra ined
a nd schooled in a legal schoo l of learning likewise doe s not
cons ti t ute pra ct ice or law. Hence, if s u ch work involves only
the cle rical la bor of filling in the bla nks on ster eot yped fonn
or a mere mechan ical act of copying from a file copy or finished document which involves no lega l thing, is not cons idered leg ul practico.P
3.

I m p o rtan ce of k nowlog wh at pra c ti ce o f law is

It iH important to know if a n a ct con stitutes practice of

la w to determi ne wheth er by the se rvices render by one, a
la wye r-client relationship has been es tablished so as to e ntitle
a la wye r to th e payment of his fees . It may also be the basis
of filing for a n act ion for usurpation of official functions ag a inst
one wh o, not being a member of the ba r duly licen sed to practice la w by the Supreme Court, represents h imself a s a la wyer
to th e public a nd perform s acts pertaining to a lawyer by
means of deception to th e prejud ice of t he ba r, the public a s
well 8 S the admin istration of justice. I::!
Moreover, the re are lega l rem edies av aila ble for unau thorized practice of la w to include injunction, declarato ry relief, contempt of court, or disqualifica tion a nd compla ints for
disbarment. A cri mina l complaint for eat afa may a lso he filed
agai nst a person who falsely represented to be an attorney to
th e dama ge uf a party. Any of these proceedings maybe initiated by a n aggrieved or interested party or by the bar association. H

What is n ot consid ered p r a ctice of law

Gratuitou s furni shing of legal ai d to the poor a nd unfort una tes who a re in pursuit of a ny civil remedy, as a matter of
charity, does not constitute practice of la w, The mere records
of realty to ascertain what they may disclose wit hout giving
a ny opinion or advice a s to t he legal effects of wha t they may
be found, does not con stitute th e practice of la w. Also a n ordina ry preparation a nd drafting of lega l instru me nts which
does not involve th e de terminat ion by a trai ned lega l mind of

31

CoulI~/inll. p . 7.
l bi,i .
"CiU'd in AKVSlo, ugal fo.'/Aic&. 9'.! Ed ., p . 47.

12Cil l"d in Hart.., u gal

l~

ADMISSION TO PRACTI Cf<:

Chapter V
ADMISSION TO PRACTICE

I.

welfare. But the legisla t ure may not pa ss a la w that will

control the Supreme Court in the performa nce of its function
to decide who may enjoy the privilege of pract icing law, and
any law of t hat kind is un constitutiona l as an inval id exerci se
of legislative power.3 S uch exercise is violative of the doctrine
of se pa ration of powers .

.'

Congress passed Rep. Act No. 97 2, or wha t is known

as the Bar Pl unkers Act , in 1952. The t itle of the law
wa s , "An Act to Fix the Pa ssing Marks for Ba r Examinat ions from 1946 u p to and includin g 1955 ."
Section 1 provided the following pa ssing marks :
1946-1951
1952

..

70%
71%

1953

72%

1954

73 %

1955

74%

simplified a nd inexpensi ve procedures for spee dy

disposition of cases;

Provided however, tha t the examinee s hall ha ve no

grade lower t han 50%.

b)

unifonn for a ll courts of the flame grad e ;

c)

sha ll not dimi nis h, increase or modify su bstantive

ri ghts .

Section 2 of t he Act provided t hat ..A ba r candidate

who obtained a grade of 75% in a ny su bj ect shall be
dee med to have already passed tha t s u bject and the grade!
grade s sha ll be included in the com putation of th e gen eral average in su bsequent ba r examinations."
Issue :
Whether or not, R.A. No. 972 is constitutio nal.

l i n ~ C une na n, 94 Phil. 53 4.

21d.
32

Fac ts :

a)

The legisla ture (Congress of the Philippines ), in the exercise of its police power may, however, enact laws regulating
the practice ofla w to protect the pu blic a nd promote th e public

In Ite Cuna nan

94 Phil. 534

P o we r t o a d m it a p p lican ts t o the Pract ice of law

Th e power to ad mit a pplicants to the practice of law is

j udicial in nature a nd in volves the exercise of jud icial discreti on.! The authority to decide who may be admi tted to the bar
naturally and logically belongs to the judiciary represented by
the Su preme Court in view of the na ture of its judicial fu nct ion and in the role play ed by a ttorneys in the ad mi nistration
of j ustice.2 Par. 5, Sec. 5, Art. VJII of the 1987 Constitution
provi des tha t the Supreme Court ha s the rowe r, a mong others, to prom ulgate ru le s concerning t he protection and enforceme nt of constitution a l ri gh ts , plead ing, practi ce, and procedure in a ll courts, the admiss ion to the practice of law
(e mphas is supplied ), the Inte grated Bar, a nd legal assistance
to the underprivileged . Said con stitut ional provision shall
however be subj ect to the following limitations:

33

31n ~ Cumman ,lIupm.

ti

L EGAL PROFE.';;S ION

34

ADMISSION TO PRAcnCE

tione r. The sa me may also ra tionally fait within the pow er

of Congress to alter, supple ment or modify rules of ad mission to the practice of la w,

Hel d :

Section 2 wa s declared uncon stit utional du e to the

fa tal defect of not bein g embraced in the title of the Act.
AB per its title , the Ad should a ffect only the ba r Ounk ers
of 1946 to 1955 Bar exa minations. Section 2 esta blishes
u perman ent sys te m for an indefinite time. It wa s also
struck down for a llowing partial pa ssing, thus failin g to
ta ke account of the fact that la w" and j urispru dence are
not stat ion ary.
As to Section I, the portion for 19 46-1951 was declared unconstitutional , whil e that for 1953 to 1955 was
declared in force and effect. Th e portion that was stricken
down wa s based under the followin g reasons:

2.

3.

4.

Th e law itself admits that the candidates for

admissi on who flunked the bar from 1946 to
1 ~5 2 had inadequa te preparation du e to the
fact th at thi s was very close to the end of World
War 11;
The law is, in effect , a judgment revokin g the
resolution of the court on the petitions of the
said ca nd ida tes ;
The la w is an encroa chment on the Court's
primary prerogative to determine who may be
a dmitte d to practi ce of law a nd, therefore , in
excess of legislative power to repeal, alte r and
su pplement the Ru les of Court. The ru les la id
down by Congress under this power a re only
minimum norma, not designed to substitute
th e judgmen t of the court on who can pra ctice
law ; a nd
The pre tended classifi ca tion is arbitrary and
a mounts to class legislation.

As to th e portion decla red in force and effect, the

Court could not muster enough votes to decla re it void.
Moreover, the law wa s pa ssed in 1952, to ta ke effect in
1953. Hen ce, it will not revoke existing Suprem e Court
resolu tions den ying admiss ion to the bar of a ny peti-

35

2.

Integration of th e Bar

The Su preme Court h as th e inh erent power to integrate

the Philippine Bar in the exercise of it.s power to promulga te
ru les concer-ni ng pleading, pra ctice e n d procedur e in a ll courts
a nd the a dmission to the pra ctice of law.4
The purposes of the in te gration of the Ba rS in gene r al
are :
1.

Ass ist in the administrati on of justice;

2.

Foster a nd maintain on the part of ita members

high idea ls of integrity, learning, professional competence, public se rvice lind cond uct;

3.

Safeguard the professional in terests of its members;

4.

Cultivate am ong its members a spiri t of cordiality

and brotherhood ;

5.

Provide a forum for the discussi on of la w, j uri sprudence, law re form. pleading, practice and procedure,
a nd the re la ti on!'! of the Bar to the Bench a nd to the
public, a nd publish informa tion relating thereto;

6.

Encou rage a nd foster legal education;

7.

Promote a continu ing program of legal re sea rch in

substantive a nd adj ective la w, a nd make reports
e nd rec omme ndati ons thereo n; and

8.

Enable t he Bar to discharge its public responaibility effectively.

Integration of the Bar will, a mong other thing s , mak e it

possible for the lega l professi on to:
1.

Ren der more effecti ve ass is tance in main taining the

rule of la w;

' In re Inte grat ion of the Phil. Ba r, 49 SCRA 22.

~ld.

t,
ee

ADMISSION TO PRACTICE

I.F..GAL PROfES.<\lON

2.

Protect la wyers and lit igants against t he ab uses of

tyrannical judges a nd prosecut ing officers ;

3.

Discharge fully a nd prope rly, its responsibility in

the d isciplining and/o r rem oval of incom pe tent a nd

14.

37

Ge nerate and maintai n pervasive a nd meani ngful

country-wide involvement of t he lawyer popu la tion
in the solution of the multifariou s problem s that
a mid the na tion .

unworthy judges a nd prosecuting officers;

4.

Shield the judiciary, which tradit ionally can not defend itself except wit hin its own forum, from the
assaults that politics and self-interest may level at
it, and assist it to main tai n its in te grity, im partial ity a nd independen ce;

5.

Have a n e ffective voice in the selection of judges

and prosecuting officers;

6.

Prev en t the unauthorized practice of la w, and break

up a ny monop oly of local practice m a in t a ined
through influen ce or position;

7.

Establish wel fare fun ds for families oi disabled an d

decea sed la wyers ;

8.

Provide placem ent se rvices, a nd establis h legal aid

offices a nd se t u p la wyer reference services th roughout the country so tha t the poor not lack competent
legal se rvice;

9.
10.

Distribute ed ucational a nd inform ationa l mate rials

th at are difficult to obtain in many of our provinces;
Devise a nd maintain a program of conti n uing legal
educa ti on for practicing attorneys in order to elevate the standa rds of the profession throughout
the country;

11.

Enforce rigi d ethical standards , and promul ga te

minim um fees schedu les:

12.

Create la w centers a nd establish law lib ra ries for

legal re search;

13.

Conduct ca mpa igns to ed ucate the peop le on the ir

legal ri gh ts a nd obliga tio ns, on t he importance of
preventive lega l advice, a nd on the funct ions a nd
duti es of th e Filipino la wyer; a nd

In the Matter of the Integration of the

Integrated Bar of t he Philippines
49 SCRA 22

Facts.
Repu blic Act No. 6397 enti tle d "An Act Providi ng
for the Integra tion of the Philippine Bar and Appropriating Funds Therefore" was passed in Se pte mber 1971,
ordaining "Within t wo yea rs from the a pproval of thi s
Act , the Supreme Court may a dopt rules of court to e ffeet the integration of the Philippine Bar: The Su preme
Court formed a Comm ission on Bar Integration a nd in
Decem ber 19 72, the Commission ea rnestly recomme n de d
the in tegration of the bar. The Court accepted all comments on the proposed in tegr ation.
Issues:
1.

Docs the Court have the power to in tegrate

the Philippine ha r?

2.

Would the integration of the bar he constitutiona)"!

3.

Shou ld the Court ord a in the integration of the

ba r a t this ti me?

Held:
In ru ling on the issues raised. the Court firs t ad opted
the definiti on given by th e Commission to "Inte gra ti on"
in this wise: "Inte grat ion of the Philip pine Ba r mea ns
the officia l uni fication of the entire lawyer populat io n of
the Phili ppin es . This req uir es mem bership a nd fina ncia l
support. (in reasonable a mount) of every attorney 8S con di tions sine qua non to the practi ce of la w and the re tention of his na me in the Roll of At torneys of the Su pre me

38

LEGA L PROFE~SION

ADMISSION 1'0 PRACTICE

Court." The term "Bar" refers to th e collectivity of a ll

persons whose names a ppear in t he Roll of Atto rn eys. An
Integr ated Ila r (or unified Bar) perforce mus t inclu de all
lawyers .

tegratcd bar, the cou rt held that "such comp u lsion is

jus t ified as an exercise of the p olice power of the state,"

2. Integr ati on is also not violative of the freedom

of s peec h jus t because dues paid by t he lawyer may be
used for projects or pr ograms, which the la wyer opposes,
To rule otherwi se woul d make every govern ment exact ion a "free s pe-ech iss u e ," Furthermore, the la wye r is
fre e to voice ou t hi s obj ections to positions taken by the
integrated bar.

Complete u nifica ti on is not possible unless it is

dec ree d by an ent ity wi t h powe r to do so: t he State. Dar
integration th erefore, signifies the setting u p by gove rn me nt authority of a n ation al organization of t he legal
profession based on the recogni tion of the la wyer as a n

office r of the court.

3. The d ues exacted from la wyers is n ot in t he

n atu re of a levy bu t is purel y for pu r poses of regul ation.

Designed to improve th e positions of th e Bar as an

inst rumenta lity of'juatice and the rule of law, integration
fosters cohe sion among lawyers, and e nsu res, t h roug h
th ei r own organized ac t ion a nd participation , the promotion of th e object ives of th e legal profes sion , pursuan t to
the principl e of m aximum Bar autonomy wi th minim u m
s upervision a n d regulation by the Su preme Cou rt.

On the first issue, the Court held that it may integrate the Bar in the exercise of its powe r "to pro mulgate
rules concerning ple ading, practice, and procedure in all
courts, and the admissi on to the pr actice ofla w." Indeed ,
the power to integrate is an inherent p urt of the Court's
constit u tional a utho ri ty over the Bar.
The seco n d issu e h inges on th e follo wing cc ns t itu tion al rights: freedom of associa tion and of s peech, as
well as t he n ature of the dues exacted from the law yer,
i.e., whether or not the Court t hus levies a tax. Th e
Cou rt held :
1.
In te gration is not viola tive of fr eedom of e seociation because it doc s not compel a la wyer to become a
member of a ny grou p oi which he ill n ot a lready a m em be r. All t hat it doc", is "to provide a n officia l nati ona l
organizati on for the well-defined but unor ganized and
in cohesive grou p of which every la wye r is a lready a
member!' The la wye r too is not com pe lled to a ttend
meetings , particip ate in activities, etc . The on ly cornp ul si on is the payment of annua l du es. As s um ing , however,
that it does com pe l n la wyer to be a member of the in -

39

As to the thi rd issue, the Cou rt beli eves in th e ti meliness of the in te gration . Survey sh owed an overwhelmin g majori ty of lawyers wh o fa vor ed integration.
3.

Persons entitled to practice Law

Un de r Section I , Rul e 138 of the Rules of Co urt, any

person who has been duly licensed as a m ember of the bar
a nd who is in good a nd regular s tan ding is entitled to practice
law.
Before being admitted to the bar, an applicant must
sat isfy the requiremen ts consis ting of the followin g :
1.

He/she mus t be a citizen of the Philippines ;

2.

At leas t twenty-one years of age;

3.

Of good moral character;

4,

A resident of t h e Philippines : and

5.

M ust prod uce before the Supreme Court sat isfactory evidence of h is good moral ch a racter and no
charges against hi m , involvin g moral turpitude , hav e
been filed or are pending i n any court of the Ph il IppmeR.
o

"Seenon 2, Rule 138 of t he Hulee or Court .

..

U :GAL PROFES.'110 :-1

ADM ltO:SION TO I'RAt,:TICE

Aside fro m sat isfyi ng the foregoin g enu mera t ion to prove
that the a pplica nt ha s the required educational, moral a nd

Altho ug h the te rm "good moral ch aracter a dmits of broad

8S "incl ud ing a t least commo n
hon esty." AB held in one case , no mora l qu alifica tion for bar
mem bership is more important t han truthfulness and candor.
Th UR, a n applica nt who wa s earl ier found to be gu ilty of
unl a wful pract ice of law, as we ll as one who, as em ployee of
the Bure a u of Lands, procured a bogu s certificate of free pat ent over a pa rcel of land belonging to the public domai n and
used it a s s ecuri ty for a mortgage , wa s deemed unworthy to
join the ha r. 9

40

personal Qualification, he must al so pass the bar e xa mi na -

tions, take the lawyer's oath hefore the Su preme Court en

ban e, sign in t he roll of a ttorneys a nd receive a certificate
from th e Clerk of th e S upre me Court of his license to pra ct ice.
After his admis sion to the bar, a lawyer is required to be
in a good a nd regu lar s tan d ing. This simply means that h e
must remai n a member of th e Integrated Bar of th e Philippines, conscientious ly observe the et hical standards of the
profession an d to rel igiously pay his membership dues or other
ass ess ments or d uti es like hia privilege tax.
Unde r the Mandatory Co nt in uing Lega l Education
(MCLE). non -compl iance of mem bers to continously keep
abreast with law a nd j urispru de nce , main tain the ethics of
the profession and en ha nce the standards of lite profession a s
required by t he sa id S u preme Court resolution sha ll be considered as deli nqu ent members a nd hence, ca nnot be con sidere d in good a nd regular standing.
Good moral character is a requirement not only upon one's
application for a dmission but it is rather a contin uing requirement even after admission for the enj oyment of the pri vilege to
practi ce. Good moral character is incap able of exact definition.
It has been sa id ho wever that good moral character is wh at a
person really is as disti ngui sh ed from his mere re putation. Good
moral characte r includes a t lea st common hcneety?

Time a nd again, it was held that th e pra ctice of law is

not a natural , a bsolute rig ht but a high pe rsonal privilege
lim ited only to th ose possessing good moral cha racter. It has
been stressed that the requirement of good moral cha racter is,
in fact, of greater im portance as fa r 8S the ge ne ral public a nd
the prope r admi nist ration of j ustice are concerned than the
possessio n of legal le arning. Hen ce, all aspects of moral characte r a nd beha vior may be inquired in to in respect to t hose
seeking admiss ion to the bar.II

dimension s, it has been defined

Well -settled is the rul e tha t good moral cha racter is not
only a cond ition precedent for a dmission to the legal profession, but it must al so remain intact in order to maintain on e's
good sta nding in th e exclusive and honored fra te rn ity. There
is perhaps no profession a fte r that of t he sacred ministry in
wh ich a high -toned morality is more imperative than that of
law. A lawyer is e xpected a t all times to uphold t he inte gri ty
and di gnity of the legal profession by fai thfully performi ng his
duties to society, to th e bar, to the courts of j ustice a nd to his
clients . Exa cted from him, as a member of the profession
charged wit h the responsibility to sta nd as a shield in the
defense of what is right, a re such positi ve qu alities of dece ncy;
truthfulness and responsibility tha t hav e been compen diou sly
described as "moral cha racter." 1b a ch ieve such en d, every
lawyer needs to strive a t all times to honor a nd maintain the
dignity of his professi on , a nd thus improve not on ly the public
regard to the Bar but a lso t he a dm inistra tion of justice. IO
Thus, attorneys m ust contin ue to a dhe re to the sta nda rds of men tal and mora) fitnes s se t up for the pra ctice of
la w. 11
Only natural persons are a llowed to practi ce la w in view
of the req uire men ts imposed by t he ru les. A corporat ion ca nnet be orga nized for, or engage in , t he pract ice of law in th is
country.12 The underlying roaann why a juridical person ca n~n

7Royon,;: V B. Oble na, 7 SC RA 8S9.

re Al ArgOlli no, Ba r Me uer No. 712 , Jul y 13, 199 5. 62 SC AD 530 .

8/ 11

VB . Se bandel, Ba r Ma tiN No. 44, Jo' pb . 24, 1992.

IllTapuca r V 8 . Ta pucar, Adm. CaMe 414 8, 30 J uly 1998, 96 SCAI> 743 .
Il l n re GuUiere z, 5 SCRA 661.
12Ule p V 8 . Lega l Clinic, Inc., s upra ,

ea

U ;GAI. PltQFESS ION

All MISS ION TO P RACT ICE

not practice law lief! on the n ature of the privilege and on the
con fide nt ial a nd trus t rel a ti on be t ween a Uorney a nd client, a s

sa tis facto ri ly s how that they ha ve regula rly studied law for
four years, an d success fu lly complete d a ll prescribed courace
in law school or university officially a pproved a nd recognized
by the Secretary of Educa tion. The a ffidavit of the candidate ,
a ccom pa nied by a certificate from the uni versity or school of
law, shall be filed 8 S evidence of such facts, a nd furt her evidence may be required by th e court.

42

well a s the condi tion required for membershi p in the bar, such
as possession of good moral character, taking of a n oath. a nd
be ing su bject to court's d is cipline. Hut a cor porati on rna)' hi re
a lawyer a s its in -hou se or retai ner cou nse l.
Further, the pra ct ice of la w is reserved onl y to Filipino
citi zen s wh o have success fully hurdled the bar. The present
Cons titution provid es tha t "The practi ce of a ll profession s in
th e Philippines shall be limited to Fili pino citize ns, sa ve in
cases provided by law."13 It is ba sed on public policy since an
alie n cannot ma in tain a llegiance to t he Ph ilippi ne Government which is one of the duties of a lawye r.
By way of exce ption to the rul e that only Filipino citizens may practi ce la w, Sections 3 of Rule 138 pro vide s that:
"Citi zen s of the United S tates of Ame rica who, before
July 4, 1946, were duly licensed mem bers of the Philippine
Bar, in a ctive practice in the cou rts of the Philippines a nd in
good a nd regul ar standing as such, may upon satisfacto ry
proof of these facts before the Suprem e Court, be allowed to
continue such practi ce a fte r taking the oath of office. U
Furthe r, educational requirement is esse ntia l to the due
performance of the duties of a la wyer. It mu st be borne in
mind that the lawyer is entr us ted the delicate t a sk to protect
the life , liberty, property or honor of another. Giving such task
to on e who is not com pete nt may create chao s in th c society.
It is therefore the dem ands of public policy that those see king
admissi on to the pract ice of la w must not onl y possess the
required edu cational qu ali fica tions but must a lso show s uch
degree of lea rn ing and proficie ncy in law for t he proper perforrnance of his tasks ."
Under Section 5 of Rule 138 , "All a pplica nts for ad miss ion shall before bein g ad mit te d to the (ba r ) exa mination,

l ~Sec . 14, Art. 12, 198 7 Co nstitut ion.

ltThis l'x","ption halO 11 v(Ory ni l (if not impllllRihle ) ap plication now for
obvious rea son .

No a p plicant shall be a dmitted to the bar examination

unless he has sa ti sfactorily completed the following courses in
a la w school or uni versity dul y recognized by the govern ment :
civil law, comm ercia l la w, pub lic and priva te international law,
political la w, labor a nd socia l legislation , med ical jurisprudence, taxation and lega l et hics ."
Section 6 of the sa me rule provide s tha t "No applicant
for ad miss ion to the bar exa mination shall be admi tted unless
he presen ts a certificate th at he h a s sa t isfied t he Secretary of
Education that, before he began the st udy of law, he had
pursued and sat isfa ctorily completed in a n authorized and
recogn ized uni versity or college, requiring for admission thereto
the complet ion of a four yea r high school cou rse, the course of
study prescribed therein for a bachel ors degree in arts or
sciences with a ny of the following subjects a s major or field of
concentrat ion : Political Science, Lor.ric, English, Sp anish, History and Economi cs."
Ba sed on the foregoing two sect ions of the Rule (Sees, 5
and 6, Ru le 138), a n a pplicant desiring to take the bar exa mina ti ons , a side from studying in a local school must present
proof or certification thereof. Since graduates of fo reign la w
schools can no t s ubmit said certificat ions, t hey s ha ll not be
all owed to take the bar exam inaticns .U'
By way of exceptions, Section 4 of Rule 138 provides
th at:
"Ap plica nts for a dmiss ion who, being Filipino citizens
are enrolled attorneys in good a nd regular standing in the
Su preme Court of the United StaWKor in a ny circuit court of

I&Re Application of A.M. If" m a ndez, July 27 . 199a.

"

AUMI&<;ION TO PRACTln :

L EGAL PROfo' ESSJON

45

I
f

appea ls or district court therein, or in the highest court of any

slate or te rri to ry of the United States, and who can show by
satisfactory cert ificates that they hav e practiced at least five
yea rs in a ny of sa id courts, that such pra ctice bega n before
J u ly 4, 1946, and th at they ha ve ne ver been suspended or
d isbarred, may in the discret ion of the Court, be admitted
with out exa mi naticn .t"

ance with C.A. No. 625 prior to taking his oath us a

mem ber of the Philippine Bar.
On 27 J uly 1999, Vicente filed a Man ifestatio n, attaching therewith his Affida vit of Election of Philippine
Citi zensh ip a nd his Oath of Allegian ce, both dated J uly
15, 1999.

Issue:
Re: Application (or Admission to t h e P h ili p pine
Bar, Vice nte D. Ching
Bar Matter No. 914, Oct. I , 19P9
113 SCAD 488

Facts:
Vicen te D. Ching, a legi tima te 80 n of a Ch inese
father a nd a Filipino mothe r wa s bom in La Un ion on
April 11, 1964 a nd ha s resided in the Philippines since
birth.
He took a nd passed the CPA Board Examination,
has shown tha t he ha s been a registered vote r of 'Iubeo,
La Union a nd ha s se rved in the said municipality 8 8 8
mem ber of the Sa nggu nia ng Bayan from 1992 up to 1995.
As a la w graduate, he applied to tak e the 1998 Bar
Examinations, a nd wa s a llowed to take the exa mina tion
s ubj ect to proof of his Philippine citizen ship.
On April 5, 1999 , the results of the Ba r examinat ions showed th at Vicen te wa s a mong the successful
examinees. The Office of t he Solicitor General now poin ts
out tha t Vicente ha s not formall y elected Philippine citi ze nsh ip a nd, if ever he does, it woul d a lready be beyond
the "reasonable ti me" a llowed by present juri sprudence.
Howeve r, du e to th e peculiar circumstances , the osa
recomm ended th e relaxation of the sta nding rule on the
const ruction of the phra se "reaso na ble period " a nd allowonce of Vicente to elect Philippine citizens hip in accord -

'<!The applicability or thi8 Section is now too impoasible.

Whether or not Vicente may be allowe d to take his

oath a s a membe r of the bar.
Held:
Vicen te cannot be allowed to ta ke his oa t h as a
mem ber of the bar. He is not a Filipino citi zen not having electe d Philippi ne Cit izens hip "wit hin rea sonab le
time ." Whil e C.A. No. 625 does not provide a specific
period for the election of Philippine citi zenship, j uri sprudence has evolved a pe riod of three yea rs after a ttaining
the age of majori ty.
The Court held that 14 year s from the time Vicente
attained t he age of majority is by an y ya rd stick not a
rea son abl e peri od. Hi Rconti nuous a nd uninterrupted stay
in the Philippines, his bei ng a CPA, a registered vote r
and a forme r elected publi c officia l cannot vest in him
Philippine citizen ship as the law, C.A. No. 625, specifica lly lay s down the procedure for election. He ha s not
com plied with the procedure a s elect ion m ust be made
"in a stateme nt to be sign ed and sworn to by the party
conce rn ed be fore any officer a u tho rized to ad ministe r
oaths , a nd shall be filed with the nearest civil registry.
The said party shall accompany the a foresaid state ment
with the oa th of a llegia nce to the Consti tution a nd th e
Government of the Phili ppines."
The Court went further to elucidate that the case of
In Re Florencio Hallare (59 SCRA 45) , dooe not find
a pplication because Hall are wa s born before the effectivity
of the 19 35 Cons titution , a nd t he ru ling that there is no
need for H all are to elect Philippine citizens hip is merely
a n obiter.

LEGAL PROFESSION

46

In He: Pct tt ton or Ramon Quisumh ing

for Ad mi ss ion t o the Bar

Ba r M atte r No. 4 19 (Nov. 1988)
Facts:
Ra m on Quisumbing, a cit ize n and re sident of the
Philippin e s wh o ob t ained his degree i n Ja w from
Georgetown University Law Center, Washington, D.C.
who took and passed the bar examinations of t he Distri ct of Columbia and the State of Virginia and has been
admitted to th e practice of law in various j u risdictions in
th e United State s includi ng the Federal Supreme Cou rt,
applies for admis sion to the practice of la w without need
of taking the bar examinations. The petition made on his
beha lf relied on the following grounds:
1.

Sect ion 4, Rul e 138, of the Rul es of Court;

2.

Comity or reciprocity, with the S tale of New

York; and

3.

The case of In He Shoop, H Phil. 213.

Is sue:
Whether or not , from the foregoing averments, petitioner may be admitted to the Ph ilippi ne bar without
having to take the Bar examina tions.
Held:
The requirements under S ection 4 , Rul e 138, a re
not met .
The pro vision read s:

"Sec. 4 . Requirement s for applicants from other

j urisdictions. - Appli cants for a dm iss ion who, bein g Filipino citizens, are e nroll ed attorneys in good
stand ing in the Supreme Court of the United States
or in a ny Circuit Court of Appe als or District Cou rt
t he re in, or in the high est cou rt of a ny State or territory of the United States , and who ca n show by

AJ}l'otls.."'l!0N TO PRAL-nCE

47

satisfacto ry cert ificate s that they ha ve practiced a t

h'llst five yea rs in a ny of sa id courts , a nd that such
pract ice began before Ju ly 4, 1946, an d tha t they
ha ve never heun suspende d or disbarred, ma y, in
th e discret ion of the Court, be ad m itted withou t
exa mination."

In his petition, the applica nt a dmits that he docs

not entiefy the requiremen t that practice in the foreign
jurisd ict ion mu st have commen ced pri or to July 4, 1946.
However , he in si sts that giv en his qualifi cations a nd
expe rie nce, he should neverthel ess, "in the di scretion of
the Cou rt , be admitted without examination ."
The correct a pplica tion of t he a forcc itc d Rul e is thut
di scretion to admit on e to the bar ma y be exe rcised on ly
after it is shown that the applica nt ha s complied with a ll
th e requirements th ereunder.
Moreover, there is at present no Philippine rul e a uthorizi ng the admi ssion to the Philippine bar on the basis
of reciproc ity or com ity.
Rcciprocity orcomi ty does not operate in the a bstract.
A loca l law governs and regulates the exten t by which reciprocity may be in voked a s t he so urce of a right or privilege. The Rule s of Cou rt promulgated by ih e Supreme Court.
whi ch und er t he 1987 Con stitution ha s the sole power to
promulgate rules concerning a d miss ion to t he practice of
la w in the Philip pin es , m akes no provision for a dm is sion
to the bar on the ba sis of reciprocity. The Court note s th at
Ru le 520.9 of the Rules of the N ew York Cou rt of Appe al s
does not impose reciprocity as a condi tion for ad mission of
fore ign tra ined la wyers who ma y be ad mitted to the New
York bar withou t examination.
The li mited application of comity as a grou nd for a dm ission to the Philippine ba r is embodied in Ru le 138 ,
Sec. 4. Since t he conditions therei n were not met by t he
a pplicant , then he ca n not clai m th e bcnef lta under the
rule.
Applicant himse lf admits tha t In Re Shoop "ma y no
longer be a binding precedent." Said case was decided

LE(;AL PHOFESSI ON

48

u nder the old rul es for the examination of candidates for

ad mission to the practice of law, which became effective
on July I , 1920 , but wh ich had been long supers eded by
the 1964 Rules of Court.

Th e Cou rt a ct ing on earlier simila r a ppli cations for

admiss ion to la w practice by Filipi no citize ns who obtai ned t heir law degree abroad den ied them and required
thei r taking of the ba r ex aminations for admission to the
Philippine bar.

In view of the above considerations, the Court denied th e pe tition of the applicant to the pra ct ice of law
without taking a n d passing the ba r ex amination.
Re: Application of Adriano M. Hernandez
to take t he 1993 Bar Examination
225 SeltA _ _
Facts:

Adriano Hern and ez filed a petition with the Supreme Cou rt to take the 1993 Bar Examinations a lleging
the followin g qualifications:
1.

Tha t he is a Filipi no citiz en, of good moral

character, a nd a resident of the Philip pines
against whom no charges in volving moral turpitude or otherwise have been filed in court;

2.

That he holds a degree of Juris Doctor from

Columbia Law School , New York and a Ba che lor of Arts Degree in Economi cs from Duk e
University, North Ca rolina ;

3.

That he had pa ssed the bar exami nations of

New York a nd had practiced law in tha t State
since 199 0;

4.

That he has t aken th e fou rth year rev iew

courses a nd other ba r s ubjects in Ateneo Law
School and is currently ta king the five-month
Bar Re view Courses in the same school.

;\-DMISSION TO PRACTI CE

49

Issu e :

Whether or not the Su preme Court would allow him

to take the bar examinations .
Held:

Mr. Hernandez was a llowe d to lake the 199 3 Ba r

Examinations because of the fa ct tha t "in seve ral in stances in t he pa st, the Cou rt had exempted Filipi no
citizens who ha ve studied in forei gn law schools from th e
strict requirements of Sections 5 and 6 of Rule 138 and
a llowed th em to take the bar exami nat ions ."
The Court however ruled that "beginning next year,
an applicant who desires to take the bar examinati ons
m ust not only have stud ied law in a local school bu t ha s
to presen t the certi ficatio ns required under Sections 5
and 6 of Rule 138 in order to take the ba r examinations .
Since graduates of foreign law sc hools cannot submit said
certifications, they sha ll he nceforth not be allowed to
ta ke the bar exa minations."

Ta n VB . Sabandal
liar Matter No. 44, Feb. 24, 1992
Facts:
Respondent passed the 1978 Bar Examinations bu t
was denied to take his oath in view of th e finding of the
Cou rt that he was gu ilty of u nautho rized pra ctice of law.
Since th en , respondent had filed n umero us pet ition s for
him to be allowed to ta ke his la wyer's oath.
Acting to his late st peti t ion in 1989, the Court directed the executive judge of the provi nce where the
res pondent is domiciled to su b mi t a comment on respond ent's moral fitness to be a member of the bar. In compli a nce th erewi th , the execu tive ju dge filed his com me n t
stat ing that al though, he is not aware of a ny acts committed by him as would di squa lify h im fr om a dmission to
the Bar. Said j udge, howe ve r, in formed the cou rt that

LEGAL PkOFESSION

50

ADM ISSION TC' PRACTICE

res pondent h as a pending civ il ca se before hi s court for

ca ncellation/reversi on proceedings, in which re spondent,
th en wor kin g' 8S Leo d Investigator of the Bureau of
Lands, as per complaint filed by th e Office of th e So lici to r General , is a lleged to h av e secured a free p atent a nd
la ter a certificate of title to 8 parcel oflan d which , u pon
in vestigation , turned ou t to be a swampla nd and not
susceptible of acqu isit ion und er fI. free pate nt, a nd wh ich
he later mortgaged to th e ba nk . Th e mortgage wa s late r
forecl osed a nd th e land sold a t public auction and res ponden t has not redeemed the la nd since then .

Said case was however been settled whe n th e parties

entered in to an a m icable settlement, The sa id a micable
settle ment cance lled the Ori ginal Certificate of Title under Free Pa ten t in the nam e of th e respondent and the
latter's mortgage in the bank; provided for the s u rrender
of the certificate of title to t.he Register of Deeds for proper
annotation; reverted to the m ass of publi c domain t he la nd
covered by the aforesaid certifica te of ti tl e with respondent re frain ing from ex erci sin g ac ts of possession or ownersh ip over the Raid land. Respondent also paid the bank a
certain su m for the loan a nd interest.
Issue:
May re spondent be n ow admitted to the practice of
la w considering that he al rea dy submit te d three (3 ) test imonials re garding hi s good mor al character, a n d hi s
pending civil case has been terminated?

fac ilitated his procurement of t he free pa tent tit le over

t he property whi ch h e cou ld not but h ave known was a
pu bli c land. This was mani pulati ve on hi s part a nd docs
no t speak well of h is moral character. It is a manifesta tion of gross dishonesty while in t he public service, whi ch
cannot be erased by t he termination of the case and where
no determination of guilt or inn ocence was made because
t he suit has been compro m ise d . This is a sad r eflecti on
of his sense of h onor a nd fa ir deal ings.
Mor eover, hi s fail ure to reveal to t he Co urt the
pendency of t he civi l case for Reversion filed against him
during the period that he was submitting several petitions a nd motions for reconsid erations reveal hi s lack of
can dor and truthfuln ess .
Although , t he te rm "good m or al charac ter" admi ts
of bro ad dimensions, it h a s bee n defined 8S "includ ing at
least oommon honesty." It h as al so been held t hat no
moral qu alifica ti on for bar membership is more im portant than truthfulne ss or candor.

4.

Whe r e non-lawyers may p ractice la w

The followi ng a re a llowed limited re presentation on behalf of a no t he r:

1.

A party may cond uct hi s litigation personally or

wi th t he a id of a friend or agent a ppointed by him
for th at purpose . In ca se of the lat te r, s uch is a).
lowed only if the representati on is ma de befo re the
in ferior courts (MTC's). But t he agent or fri end may
not hold h im self out as h abitually engaged in rep resenting a pa rty for that will constitute una uth orize d pr actice of la w. Moreo ve r, in cri minal cases, if
a party cannot afford t he se rvices of a cou nsel de
pa rte. he shall be provid ed a counsel de officio;

2.

In locali ti es where a d uly lice nsed me mbe r of th e

bar is not ava ilable, the municipal tri al court hearing a cri minal case m ay, in its discreti on adm it or
assign a person (who is not a mem ber of th e bar ),

lI el d :
His petiti on must be denied.
Time a nd again, it ha s bee n held tha t t he practice
of law is n ot a m atter of right. It is a privilege bestowed
u pon individual s who are not on ly learned in the la w but
wh o are al so known to possess good moral character.
It should be recalled that res pondent worked as Land
In vestigat or at the Bu re au of Lands, Said em ployment

51

ADMISSI ON TC PHAt.'TICE

I.F:GAL P ROFESS ION

"

8.

resident of the province a nd of good refute for probity a nd abili ty, to a id the defend ant in his defense ;

3.

Under t he Labo r Code, a union representative may

a ppear for h is organization or any of its members
before the N ationa l Labor Relatio ns Comm issi on ,
labor a rbiter or a rb it rator ;

4.

A person representing a land cla ima nt in ca daet ra l

court:

5.

In ca se of law st ude nt pr act ice

rule s ;17

6.

In ca se of th os e a uthorized to represent the government.

8 11

permitted by the

Any person appointed or design a te d in accordance with

la w to appea r for the P hilippine government or any of its
official s sh all ha ve all the righ ts of a dul y authori zed mem be r
of the bar to a ppea r in a ny case in whi ch the government ha s
an inte rest, or in which such officia l is charged in his officia l
capacity.
5.

Public o ffi cials prohibited from en ga gi n g in p rivate p ract ice o f la w

1.

Judges and ot h er officials or employees of t h e court;

2.

Officials and em ployees of the Office of the Soli cito r

General;

3.

Government prosecutors;

4.

President, Vice-P resident, members of the ca b inet,

th eir deputies a nd assistants;

5.

Members of t h e Constit utional Com missions;

6.

Ombudsm an a nd hi s deputies;

7.

All governors, cit y a n d municipal mayors :

f.A ' nO 9 7 /(,0

17Rule 138-A, Rev. Rul".11 of Court.

6.

~1

T hose who hy s peci al law a re pro h ibited from engag ing in t he practi ce of th eir profession

I mporlanc e o f kno w in g w ho may b e a llowed to

p r a c tic e l a w

The p u rpose of all regulation s for admission to pra ctice

law is to a ssure the public tha t only t hose who have t he ability, learning a n d sou nd character will h a nd le the ve ry delica te
task of la w a dvocacy, a n d forbidding in competent an d dishonest pra ctition ers to embark in t he pract ice of law. As t he practice of law is invested with public interest, it is therefore t he
right a nd dut y of the s tale to regu late and control it so t ha t
public welfa re will be Nerved a nd promoted . Un der the presen t
Constitution , the power to regulate th e pra cti ce oflaw is vested
with the judicial dep artment, more s p ecifica lly with t he Su preme Co u rt.
A lawyer, how ever, sh ould not be look ed upon as a n
unmistak able being. H e docs not and should not impliedly
warrant the sound nes s of hi s opinions or ot herwise guara ntee
the ac cura cy of a ll he does . It su ffices t h at he possesses such
reason abl e knowledge of well -settled rules of la w as will enable him to perform the duti es he undertake s and exe rcise
re asonable "k ill and dili gence in attending to busin ess entrusted to hi 8 care. In other wor ds , when a ttorneys undertake
to conduct lega l controversies a nd t ran sactions, they profess
themse lves to he reasonably well-acquai nted wi t h the law and
the rules of procedures, an d they a re bou n d to exercise in
such proceedings a rea sonable degr ee of ca re, prudence, dil igence a n d sk il l. Attorneys do not profess to k now a ll t he law,
or to be incapable of error or mi stake in a p plyi ng it to the
facts of eve ry case, as even t.he most erudite a n d sk ill fu l j ustice of t h e cou rt woul d hardly be a ble to come up to that
standard .

BAR EXAMINAT IO NS

Chapter VI
BAR EXAMINATIONS

1.

Nature and extent of bar e xa m ina t io ns

Bar examination s is required in orde r to test one's learning and proficiency in la w, since t hese a re a mong th e requiremen ts designed to avoid social dan ger, This is dict ated by the
demands of public policy. Said examinatio ns are designed to
exclude a ny person whose intell igence , learn ing, a nd men tal
capacity are inadequate to enable hi m to a ssu me a nd d ischarge the duties of a n attorney.

55

Applicants who have sufficient qualifica tions are required

to take wr itten exa mina t ions held in four day s designated by
the Chainnan, Committee on Bar Exa minations . Said examinations t ake place a nn ua lly in t he City of Manil a. Th e subjects a re di st ributed as follows: first da y , political and internationa l law (morning) , a nd la bor a nd socia l legislation (ef'ternoon); second day , civil la w (morning), an d taxation (afternoon); third day, commercial/merca nt ile law (morn ing) and
cri mina l law (a fte rn oon); a nd fourth day , remedial law (morn ing) and legal et hics a nd pra ctical exercise (afternoo n ).
Th e examinee ha s to obtain a n a verage gra de of a t least
75% in a ll su bj ects, without howeve r failing below 50% in a ny
subj ect in order for him to pass the bar examineti one.t Unlike
in other profe ssion al exa mina ticns, partia l passin g of t he
examina t ions is not all owed in view of the constant development in la ws a nd jurisprudence.

1.

Political Law

2.

Labo r Law

3.

Civil Law

4.
5.

Taxation
Commc rciallMercantile Law

6.

Cri minal Law

An ex aminee (ca ndidate) who fa ils in the bar examinations for three times is disqualified from taking anot her examination, unless he has shown to t he sat isfaction of the
Supreme Court that he has enrolled a nd pas sed regul ar fourth
year review cla sses a s well as at tended a pre-bar review ecurse
in a recognized la w school. He must also su bmit not only a
certificat ion u nde r oath by the professors of the ind ivid ual
review s u bjects attended by him that he h as regu larly atte nded cla sses and pa ssed the subjects under the sa me conditions as a n ordinary student, bu t als o the r ating obtained by
him in the particular subject. 3

7.
8.

Rem edi al Law

Lega l Ethics & Pract ical Exe rcises

2.

The a pplica nt for bar examina tions will have to undergo

writ ten exam ina tions in the following subjects:

The h ea viest percentage a mong these bar su bjects is

rem edial or procedural law wh ich carries 20%, political la w,
civil la w as well a s commercia l/me rca ntile la w each carries
15%, while labor la w, taxatio n an d criminal ha s 10% ea ch .
Legal Ethics & Practi ca l Exerci ses has 5%.1
1S< ! .

The B a r Exam ination Com mittee

By virtue of its judicial fun cti on to admit candidates for

admission to the ba r, the Supreme Court acts throug h a Ba r
Exa minat ion Com mittee. Such committee is compose d of a
Su preme Court Justice as its chairman, who is designated by
the Chie f Justice , a nd eurht. members of the bar who Herve REl
examiners in t he eight subjects with one s ubject ass igned to

14. Ru le 138 , It,v. Ru le1l or Cou rt .

54

Zld.
' Se e. 16. Rule 138, fU,.... Uules or Cou rt.

LEG AL PROJo'ESSIQN

BA R EXAM l NA110 NS

each member. The Ba r Exa mination Committee sha ll serve

for one yea r.! Actin g as a liaison between the Supreme Court
and th e Chairm an and the individual members of th e committee is the bar confida nt whose functi on is purely min isterial.

wea pons, camera s, tape recorders , other radio or ste reo eq uip ment. communicatio n ga dge ts or a ny oth er elect ron ic device.
Ea ting a nd smoking in sid e the exam ination a rea is likewise
prohibited .

56

3.

Duties and function s of the committee

Every member of the committee is required to exercise

the greates t care a nd diligen ce in th e performance of his duties.
E very act of th e committee in connection with the exe rcise of
discre tion in th e admission of a pplica nts for membership in
the bar must always be in accordance with the established
rules a nd su bject to the fin al a pproval of the Court.
The Committee on Bar Examination prepares the questi ons which a re th e same for a ll e xaminees. It is likewise
vested in th e office of th e committee th e correc tion of the
exa mination papers, give t he gr ades obtained by th e examinees a nd submit the corrected papers to th e bar confida nt .
Th e bar confida nt on the other hand tallies th e individual
grad es of th e exa minee in a ll subj ects, computes th e gener al
a verage a nd prepares a compara ti ve date showing th e percentage of passin g and failing after which he/she sha ll submit
th e same to t he Bar Examination Committee a nd to the Court
en bane.s Further, the committee is enjoined to take necessa ry
precautions to prevent subs titu tion of papers or the commission of fra uds.

4.

Conduct of the e xa m in a t ion s

In th e conduct of the bar examinations, th e ex aminee

mu st know that his failure to take an y subject will bar him
from taking th e rest of th e exa minations.
An examinee who has bee n a llowed to take th e bar examination is given a Notice of Admission which shall se rve as
his pass to th e exa mina tion compo und/room. In entering th e
exa mination compound, he is not allowed to bring deadly

-sec. 12. Rule

138. Re v. Ru lctl of Cou rt.

&I n re Le ncevc, 66 SCRA 245.

57

Brin ging of pa pers, hooks or notes in to th e exam ination

room ia a lso proh ibited. Kee ping the exam inee's iden ti ty secret and thus avoid a ny influence to bea r u pon the e xaminer
in th e evalua tion of his a ns wers is of pa ramoun t cons ide ration . A name ca rd will he given to him by t he proctor or headwa tche r which the exa minee should accom plish st rict ly followin g rules , by printing' his na me, affixing his custo mary
signa ture, indicating t he school where he came from , a nd affixing his right th umb mark on the space provided therein.
Thereafte r, the examinee sha ll insert the said nam e ca rd into
a n e nvelop which is a ttached at t he back of the exa mi nati on
notebook .
Th e examinee shall a ns wer the ques tio ns in his own han dwri ti ng without hel p from a nyonef Only fountain pen s a nd sign
pens in permanent blue, blu e-black, or black ink shou ld be used
during th e examinations. Vari ations in the color of ink a nd t.he
style of one's handwriting should be a voided. Wh ile a nsweri ng
the exa mina tio n, e xaminee s are not allowed to com municate
with ea ch othe r. Upon a verified ap plicati on made by th e exa minee himself stati ng t hat his penmanshi p if! so poor a nd t hat
it is very difficult to rea d h is answe rs without much loss of
time , the Su prem e Court may allow said exa minee to use a
noiseless typewriter in answeri ng the questi ons .'
In correcti ng a mistake, th e exa minee is directed to s imply dra w a line ac ross the word or words h e wa nts to cha nge.
Any ot her form of erasures or teari ng 01T of a ny page of th e
exa mination book let as well as writi ng the name of th e exa minee or ma king unnecessa ry markin g or im pression may be
cons t rued as a means of identifying his booklet . Th is may be
a ground for disqualifica tion.
Th e exami nee s hall not influe nce a ny member of the
Committee on Ba r Exam ina tions. Th furth e r protect t he integ'See . 10. Rule 138. Re v. Ru les of Court.
Ti d.

BAR EXAMINATIONS

"

rity of th e examinat ions a nd to av oid u nd ue in fluen ce or pressure, the ide ntity of the examiners a re usu a lly not being divulge pending t he rel ea se of U'lP. exa mination results.
Any candid ate who viola tes a ny of the rules conce rni ng
the conduct of th e examinati ons will be ba rred from taking
the examina ti on a nd t he sa me shall be counted 8 S a failure
aga inst him. Th e Court may also, in its d iscretion, impose a
more severe pen alty like perma nent disqua lification from ta king the ba r exam ination depending u pon the circum stances of
the case.

5.

D.

E.

d)

Conflict of Laws (Private Inte rn a tiona l Law)

TAXATION
a)

Ge nera l Princi ple s of Taxation

b)

Nationa l Inte rn al Revenue Code

c)

Ta riff and Cu eto rne Code

d)

Rep ublic Act No. U 25, Cre ating the Court of Tax
Appeal s

e)

Provisions of the Local Gov't Code on Taxation

MERCANTI LE LAW
b)

Some provision s on Code of Com merce

Bulk Sales Law

POL ITICAL AND PUBL IC INTERNATIONAL LAW

c)

Wareh ou se Receipts Law

a)

Constitutional Law

d)

P.o. No.

b)

Poli tica l La w

e)

Negot iable Instruments La w

c)

Ad ministr ative Law (usually excluding: the im plementing rules a nd regu la tions)

In sura nce Code

g)

Tra nsporta tion La ws

d)

Law on Public Officers

h)

Corporation Law

e)

Public Corporations including the Local Gov't , Code

i)

Chattel Mortga ge Law

La ws on S uffr age or El ection Laws

Public Intern ational Law

j)

Real Estate Mortgage Law

k)

La w on Inte llectual Property

I)

Insolvency La w

m)

Truth in Len ding Act

g)

C.

Property Registra ti on Decree

a)

B.

c)

Cove rage o f the Bar Ex a m in a t ions

The following a re th e us ua l cove rage of the Bar Examinations:

A.

5.

LEGAL PROFESS ION

LABOR AND SOCIAL LEGISLATION

a)

Labor Standa rds

b)

Labor Relations

c)

Socia l Legislati on s

CIVIL LAW
a)
b)

Civil Code of th e Philippines

The Fa mily Code of the Philippines

F.

115 on Trust Recei pts

CRIM ii,AL LAW

a)

The Re vised Penal Code (Books I and II )

b)

Indete rmi na te Sentence Law

c)

Probation La w

d)

Anti -Graft a nd Corrupt Pract ices Act

so

G.

H.

6.

DAR EXAMINATIONS

LEGAl Rl WESSION

c)

Anti-Fencing Law

Bou ncing Checks La w

g)

Dangero us Drugs Act

h)

Heinous Crime" <R.A. No. 7659)

mA. No. 6425,

G1

before he ca n legally pract ice his profe ssi on and/or a ppear in

court.
a s amended )

REMEDIAL LAW

a)

The Rules of Court

b)

The 1991 Revised Rul es on Summary Procedure

c)

Local Government Code on Conciliation Procedures

d)

The Judicia ry Reorganization Act, a s a mended

In one case, it was held that the t itle of "attorney" iR

reserved to those who, having obtained the necess ary degree
in t he st udy of law and su ccessfu lly taken the bar exa m inations , h ave been adm itted to the Integra te d Bar of the Philippines and remain members the reof in good stand ing, a nd it
is they alone who are a uthorized to pra ctice law in th e Philippines."

LEGAL ETHICS AND PRACTI CAL EXERCISES

a)

Lega l Eth ics

b)

Judicial Eth ics

c)

Code of Professiona l Responsibil ity

d)

Grieva nce P rocedure (Rule 139-B, Rul es of Cou rt)

e)

Legal Fonns

Oath and Ce rtifica te

After the examinee successfully h urdl ed the ba r exa mination, he will have to take an oath before th e Supreme Court
en bane. This is the first t ime and possibly his last time to
appear before such body since not all lawye rs may have the
cha nce to a ppear again and/or a rgue before the S u preme Court
en bane for obvious roason tha t not a ll lawyers engage themselves in active la w practice and if they are, not all cases
reac h tile Supreme Court. Usually, the Court, through the
Office of the Bar Confidan t design a te s a particular date and
place in which to ad ministe r a mass oath ta king . If a successful examinee fail s to attend the mass oath taking, his remedy
is to file a petition to take his oath.
Thereafter, he will ha ve to sign in the roll of attorneys
before he ca n address himself as an attorney. lie also has to
pay his IBP membership dues and to pay his professiona l tax

sAla wi va. Alauya , 79 SCAD 853, 268 SCRA 628.

LAW STU IlEN'iS PRACTICt:

1.

2.

H e m u..t he en rolled in the clinical legal ed ucati on

program as approved by th e Su prem e Court in a
recognized school;

Chapter VII

3.

H is appearance mu st be pro bono or c ue without

compe nsation;

LAW STUDENT'S PRACTICE

4.

H is clie nts should be indigent s who have been nccepted by the lega l cli nic of the la w school;

5.

Hi s appearance mu st a t all tim es be accompanied

a nd supervised by a s upe rvising atto rney who is
accredite d by the law school concerned .

Conditions

Under Rule I 3SA, a la w st udent who ha s successfully

compl eted hi s 3n:l. yea r of the regula r four-yea r pre scribed la w
curriculum a nd is e n rolled in a recogn ized law sc hool's clinical
legal educa tio n program approved by the Sup reme Court, may
a ppear w ithout com pe nsa t ion in any civil, cri mi nal, or admi nistrative ca se before a ny trial cou rt, tribunal, boar d or officer,
to represen t indigent clients acce pted by the legal clini c ofthc
law school.
Further, th e a ppe a r a nce of the law student under the
rule sha ll be und er the direct control and su pervision of a
membe r of the Inte grated Bar of the Ph ilippines duly accredited by the law school. Any a nd a ll pleadings, motions, briefs,
memoranda or othe r pa pers to be filed, must be sign ed by the
s upervis ing a t to rney for and in behal f of the lega l clinic.

It h a s bee n held tha t a la w stude nt a ppearing u nder

Ru le 138-A before th e Regional Tri a l Cou rt should at all ti mes
be accom pani ed by a supervising lawyer.
The phrase "direct supe rvis ion a nd co nt rol" requi res no
less than t he physical presence of t he su pervising le wyer du ri ng
the hea r ing. This is in con son ance with the th reefold ration al e
behind the La w Student Practice Hule , to wit :
1.

1b ensure that the re will be no mi sca rri age of j us tice a s a resu lt of incompetence or in experien ce of
la w stude nts, who , not having 8S yet passed the
"lest of professional competence, a re p resumably u ot
fully eq uipped to act a s cou nsels on their own;

2.

1b pro vide a mechanism by whi ch the accredi ted

la w school clinic may be able to protect itself from
a ny pote nti al vicn ri oua liability a ris ing from some
cul pable actio n by the ir la w st ude nts; a nd

3.

1b ensu re consi stency with the fundamenta l pri nciple th a t no person is a llowed to practice a pa rticula r profession withou t poescs ein g the qu a lification s,
pa rti cularly a license, a s requi red by law.

Ba sed on the foregoing, for a law student to avail of the

rules in ord er to practice law, he mu st first satisfy all the
requirements , as follows :
1.

63

He ma st ha ve successfully complete d hi s 3rd year

of the re gula r four-year curriculum. That is , he must
be at lea st a n incoming fourth yea r of the regular
four-yea r cu rricul um. So much 80 that if he is enrolled in a n executive cla ss wherethe com pletion of
the entire cu rriculum takes a period offiv e (5 ) ye ars,
he is not qualified afte r completing h is t hird year
residency;
62

Th e Rule clea rly st a les that the appearance of a la w

stude nt s ha ll be under the direct control and supervision of a
member of the Integrated Bar of the Philippines du ly a CC11'd
ited by the law school. Th e rule must be strict ly construed
because public policy demands t hat lega l work shou ld be entrusted only to those who p08 s e 8 S tested qua lifications , are

64

LEGAL P ROFl'; SSION

sworn to observe the rules a nd eth ics of ti lt' legal profession ,

and s ubject to disci plin a ry con t rol.
T he ru le, however, is different if t he law sludent appears
before a n inferior co u rt, where the iss ues lin d procedure are
relatively sim ple. In inferior courts, a law student m ay appear
in h is personal ca pa city without the s upe rvising la wyer. Se ct ion 34, Ru le 138 provides tha t: "In the court of a justice of t he
peace , a pa rty may conduct hi s litiga t ion in person , with the
a id of an agent or fri end appointed by hi m for t hat purpose,
or with th e aid of a n attorney. I n any other court , a party may
conduct his litigati on person a lly or by a id of a n at to rney, an d
h is a ppeara nce m ust be either personal or by a du ly autho rized member of t he bar. Th us, a la w st udent may a ppea r
before a n inferior court a s a n agent or friend of a party with out t he s upe rv ision of a me mber of the bar."
2.

Privileged co m m u n ic a tio n

The rules safeguarding pri vileged commu nication bet ween

attorney a nd clien t shall apply to similar comm unica tions m ade
to or rece ived by t he la w st ud en ts, acting for the legal cli n ic.
3.

Standard or con d uct and su pervis io n

The la w stude nt is required to comply with t h e sta n da rds of profess iona l con duct gove rning members of t he bar.
F ailure of a n attorney to provide a dequate s u pervision of student pra ctice m ay be grou nd for di sciplinary action. (Circular
N o. 19, December 19, 1986).

Chapter VIII
DUTIES AND PRIVILEGES OF A LAWYER

Un de r Sec . 20 of Rule 138, the following are th e duties

of a lawye r:
1.
Th m aintain a llegia nce to the Rep u blic of t he Phil.
ippi nes a nd to s upport the Constit u tio n a nd obey t he la ws of
the Philippines ;

2.
Th observe and maintain t he respect d ue to the
courts of justice and judicial officers ;
3.
Tb cou n sel a n d mai ntain s uch actio ns or p roceed .
in gs only as a p pear to h im to be j us t, a n d s uch defen ses on ly
as he believes to be hon estly deb atable u nder t he la w;

Th em ploy, for t he purpose of ma intain ing t h e ca uses

4.
con fide d to hi m , s uch means only as are consistent with truth
and honor, a nd ne ver seck to mislead t h e j ud ge or a ny jud icia l
office r by a n a rtifice or false statemen t of fact or law;
1b m a in tai n inviolate the oonfi de nce, and at every
5.
effort to h imsel f, to preserve t he secrets of hi s cli ent, and to
accept no compensation in connec tion with h is client's busi ness except fro m him or with his knowl edge and approva l;
6.
Th a bstai n fro m all offensi ve personality a nd to
advance no fa ct prej ud icia l to t he ho nor or repu tation of a
party or wit ness, unless required by justice of t h e cause wit h
wh ich h e is ch a rged ;
7.
Not to encourage either the co mmenceme nt or th e
continuance of a n action or proceed ing. or dela y uny man's
ca use , from any corru p t motive or in teres t ;
65

LEGAL PROF ESSION

66

DlITlES AND PR IVILEGES OF A LAWn :R

8. N ever to reject , for any consideration perso nal to

hi mself, the ca use of the defen sel ess or oppresse d;
9.
In the defense of a person accused of a crime , by all
fa ir and rea sonable means, regardless of his personal opinion
a s to the guilt of the accused , to present every defen se that
the law permits, to th e end that no person ma y be deprived
of life or libe rty. but by due process of law
1.

The C o d e of Professional Responsibility

Chapter I

THE LAWYER AND THE SOCIETY

CANON I _ A LAWYER SHALL UPHOLD TilE CONSTITUTION , OBEY THE LAWS OF THE LAND AND PROMOTE RESP ECT FOR LAW AND LEGAL PROCESSES.
Rule 1.01 _ A la wyer shall not enga ge in un lawful, dishonest , immora l or deceitful cond uct.

..

"

person concerned if on ly to the extent necessary to sa feguard

the la tter's rights.
Rule 2.03 - A lawyer sha ll not d o or permit to be done
a ny act des igned p rim arily to solicit legal b usiness .
Rules 2.04 - A la wyer sha ll not ch arge rates lower than
those customari ly prescribed unles s t he cir cumstances so
warrant.

CANON 3 - A LAWYER, IN MAKING KNOWN HIS

LEGAL SERVICES SHALL USE ON LY TRUE, HONEST,
FAIR, DIGN IFIED AND OBJECTIVE INFORMATION OR
STATEMENT OF FACTS.
Rule 3.01 - A la wyer shall not use or permit the use of
any fal se, fraudulent, misleading, deceptive, undign ified, selflaudato ry or u nfair statement or claim r ega rding hi s qu a lifications or legal se rvices.
Rule 3.0 2 - In the choice of a finn name , no false, mislea din g or a ssumed name sha ll be u sed . The continued use of
the na me of a d eceased partner is permissible provided tha t
the finn in d icates in a ll its commu nication that said partner
is deceased.
.

Rule 1.02 - A lawyer shall not counselor abet activities

aimed at de fiance of the law or a t lessening coniidence in the
legal system.
Rule 1.03 - A lawyer shall not , for any corrupt moti ve
or inte rest, encourage any s uit or prceeedi ng or delay any
man's ca use.
Rule 1.04 - A la wyer shell encourage his clients to avoid,
end or se t tle the cont roversy if it will a dmit ofa fair settl emen t.

RUle 3.03 - Where a partner a ccepts public office, he

shall withd raw fro m t he finn and his name shall be dropped
from the firm na me u nless the law a llows h im to practice law
concu rrently.

CANON 2 _ A LAWYER SHALL MAKE HIS LEGAL

SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNE R COMPATIBLE WITI\TH E INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
.
Rule 2.01 _ A la wyer shall not reject, except for va lid
reasons, the cause of the defenseless or the oppressed .

CANON 4 - A LAWYER SHALL PARTICIPAT E IN TilE

DEVELOPMENT OF THE LEGAL SYSTE M BY INITIATING
OR SUPPORTING EFFORTS IN LAW REFORM AND IN TIl E
IMPROVEMENT OF THE ADMINISTRATION OF J USTICE.

Rule 2.02 _ In suc h a ca se, even if a lawyer docs not

accept a case, he shall not refuse to render legal ad vice to the

Rule 3.04 - A la wyer shall not payor gi ve a ny thing of

value to rep resentatives of the ma ss media in antici pa tion of,
or in return for, p ub licity to attract le ga l business .

CANON 5 - A LAWY~R SHALL KEEP ABREAST OF

LEGAL DEVELOPMENTS, PARTIC IPATE IN CONTINUING
LEGAL EDUCATION P ROGRAMS , SUPPORT EF FORTS TO
ACHIEVE HIG H STANDARDS IN LAWSC HOOLS AS WELL
AS IN TH E PRACTICAL TRAINING OF LAW ST UDENTS

sa

I.EI1 AL P(WFE.c;.<;ION

AND ASSIST IN DI SSEMINATING INFORMATIONS REGARDING Tim LAW AND .JURISPRUDENCE.

CANON 6 - THESE CAN ON S S HAL L APPLY TO
LAWYERS IN GO VERNMENT SERVICE I N TilE DISCHARGE OF THEIR OFFICIAL TASKS .

Rule 6.01 - The primary duty of the la wyer e ngaged in

public prosecu tion is not to convict but to see that jus tice is
done . The su ppression of faets or the concea lme nt of witn esses
capa ble of establishing th e innocence of the accused is highly
reprehensib le a nd is cause for d isciplina ry action.
Rul e 6 .0 2 - A la wyer in th e go vernment service shall
not use hi s p ub lic position to promote or adva n ce h is pri vate
inte rests , nor allow the latter to interfere with his pub lic duties.

Rule 6.03 - A la wyer shall not . after lea vi ng governmen! service, accept engageme n t or employment in connection with a ny matter in whi ch he h ad interven ed while in th e
said service.

C h a p ter II
THE LAWYER AND THE LEGAL PROFESSION
CANON 7 - A LAWYER SHALL AT ALL TIME S UP HOLD THE INT EGRITY AND DIGNITY OF THE LEGAL
PROFESSION AN D SUPPORT THE ACTIVITIES OF T HE
INT EGRAT ED BAR .
Rule 7.01 - A la wyer sha ll be a ns werable for kn owing ly
making fal se stateme nt or su ppressing a materi al fact, in connection with his a pplication for a dmiesio u to th e bar.

Rule 7.02 - A la wye r shall no t support the ap plication

for a dmiss ion to the bar of a ny person known by him to be
u nqualified in respect to cha racter, education , or other re levan t attri bute.
Rule 7.03 - A lawyer sha ll not engage in a ny conduct
that adversely refl ects on his fitn ess to practice law, nor sha ll
he, whether in pu blic or private life , behave in sca ndalo us
manner to the di scredi t of the legal profess ion.

DlITlJ'::S AND I'RIVJl EGr:S 01-' A LA\\'YER

69

CANON B - A LAWYER SHALL CON IJUCT H IMS ELF

WITH COURTESY. FAIRNESS AN D CAN DO R TOWARD H! S
P ROF ESSI ONAL COL!.~;AGUES, AN D SHA LL AVO ID HARASSING TACTICS AGAIN ST OP POS ING CO UNS E L_

Rule 8 .01 - A la wyer s ha ll not , in his profession al dea l.

in gs, use la nguage wh ich is abusive, offenH ive or othe rw ise
improper.
Rule 8.02 - A la wyer shall not, di rectly or ind ire ctly,
encro a ch upon the profession a l employme nt of another la wyf' r
however, it if! the rig h t of any lawyer, witho ut fea r or favor, tc
giv e proper advice a nd a ssistance to th ose seeki ng relief against
unfaithful or neglectful cou nse l.
CAN ON 9 - A l.AWYER S HALL NO T DIRECTLY OR
INDIRECTLY. ASSI ST IN TH E UNAUTHORIZE D PRACTICE
OF LAW.

Ru le 9.0 1 - A la wye r sh al l not delega te to a ny u nq uali fied person the perfonnan ce of any task which by law may
only be pe rforme d by a me mber of the Ba r in good stand ing .
Rule 9.02 - A la wyer s ha ll not divide or stipulate to
divi de a fee for lega l se rvices with a person not licensed to
practice la w, except:
a)

Where the re is a pre-existing agreement with a part.

ner or associ ate that, upo n the la t te r 's dea th, money
s ball be paid over a reasonab le period of t ime to his
estate or to the person s specified in the a greement ;
or

b)

Where a la wye r u ndertakes to com plete unfini shed

legal bu siness of a dece ased la wyer ; or

c)

Where a la wyer or la w firm includes non -lawy er- employees in a retirement plan , even if th e plan is based
in whole or in pa rt, on a profit-sharing arra ngement.
C hap ter III

Tin; LAWYEU ANI> TilE COUIlTS

CANON 10 - A LAWYER OWES CAN DOR. FAIRN ESS
AND GOon FAITH TO T ilE COURT.

,I

70

Rule 10.01 - A la wyer sha ll not do any fal sehood, nor

conse nt to th e do ing of a ny in court; nor sha ll he misl ead, or
allow th e Court to be misled by an a rtifice.
Rule 10.02 - A la wyer s hall not knowin gly misqu ote or
misrepresent the con tents of a paper, the la ngua ge or t he
argu ment of oppos in g couns el, or the tex t of a decision or
au t hority, or knowingly cite 8 S la w a provisi on already rende red inop erative by repeal or ame ndme nt, or assert as a fact
th at which ha s not be en pro ved.

Rule 10.03 - A lawyer shall observe the rules of procedure a nd sha ll not misuse the m to defea t t he ends of justice.
CANON 11 - A LAWYER S HALL OBS ERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS AND TO
JUDICIALOFFICERS AND SHOULD NOT INSIST ON SIMI
LAR CONDUCT BY OTHEllS.
Rule 11.01 attired.

DUTIES AND PIHVI LEGES OF A l.A',\'YER

U :O AL I'ROFES.<;ION

A la wyer s ha ll a ppea r in cou rt properly

Rule 11.02 - A lawyer sha ll punctuall y ap pea r at court

hearings.
Rule 11.03 - A lawyer sha ll abstain from scand alous,
offensive or menacing language or behavior before th e Courts.
Rule 11.04 - A la wyer shall not attri bu te to a judge
motives not supported by the record or have no materiality to
the case .
Rule 11.05 - A la wyer shall s ubmit grievances against
a judge to the proper au thorities only.

CANON 12 - A LAWYER SHALL EXERT EVERY EF

FORT AND CONSIDER IT illS DUTY TO ASSIST IN THE
SPEEDYANn f;FF IClE NT ADMINISTRATION OF J USTICE.
Rule 12.01 - A la wyer sha ll not appear for tr-i al un less
he has adequately prepared hi mse lf with the law e nd th e
facts of his ca se, the evidence he will adduce a nd the order of
its prefer en ce . He should a lso he read y with th e ori gin al documents for comparison with the copies.

71

Rul e 12.02 - A lawyer shall not file multiple act ions

a ris ing from the sa me cau se.
Rul e 12.03 - A lawyer sha ll not, after obta inin g extension s of time to file pleadings , memoranda or briefs, let the
peri od lap se without su bmi tti ng the sa me or offeri ng an explanation for his failure to do so.
Ru le 12.04 - A lawyer shall not u nduly delay a ca se ,
impe de the execution of aj udgment or mi suse Court proc esses .
Rul e 12.05 - A lawyer shall refrain from ta lki ng to his
witness du ring brea k or recess in the trial , whil e the wit ness
is st ill under exa mination.
Ru le 12.06 - A lawyer shall not knowingly assist a
witnes s to misrepresent himself or to imperson ate another.
Rule 12.07 - A lawyer sha ll no t a b use , browbeat or
harass a witness nor needl essly inconvenience him.
Ru le 12.08 - A law yer shall avoid te stifying in behalf of
his client, except:
a)
b)

on formal ma tters, such as the mailing, au t he nt.ica tion or cus tody of a n instrument, and the like ; or
on substantial matters, in cases where his testimony is ess ential to the ends of justic e, in wh ich
event he mu st, during hi s testimony, entrust the
trial of the case to an other cou ns el.

CANON 13 - A LAWYER SHALL RELY UPON THE

MERITS OF HIS CAUSE AND REFRAIN FROM ANY 1M.
PROPRIETY WIIICH TENDS TO INHUENCE, OR GIVES
THE APPEARANCE OF INFLUENCING THE COURT.
Rule 13.01 - A lawyer shall not exte nd extraordi na ry
at te ntion or hospitali ty to , nor se ck op portunity for, cultivatin g familiarity with Judges.
Rul e 13.02 - A lawyer s ha ll not make public s tatemen ts
in the medi a regardin g a pending ca se le nd ing to a rouse public
opi nion for or against a party.
Ru le 13.03 - A la wyer sha ll not brook or invite in te rfer ence by another bran ch or agency of the govern ment in t he
normal cou rse of judicial proceedings .

-a

LEGA L PRQFESS I0 1'O

Chapter IV

TilE LAWYER AND TilE CI.IENT

Il tIT lE.<;; AND P k lV1U Xi E.<;

or

A 1..I\WYER

73

interests exce pt by written consent of a ll conce rned give n afte r

a full di sclosu re of the facts .

CANON 14 - A LAWYER SHALL NOT RE FUSE lllS

SE RVICES TO TilE NEEDY.

Rul es 15.04 - A law yer may, wit h the writte n consen t of

all concerned, act 8 11 media to r; conci lia tor or arbitrator in
settli ng di sp u te s.

Rule 14.01 - A la wyer shall not decline to re present 8

person solely on accou nt of the lat te r's race, se x, cre ed or
stat us of life, or because of hi s own opinion regarding the guil t
of said person .

Rule 15.05 - A la wyer, when ad vis ing his clie nt, shall
give R ca ndid a nd honest opinion on t he merits a nd probable
res u lts of the clien t's case, neit her oversta ting nor understating the prospects of t he case.

Rule 14.02 - A lawyer shall not decline, except for serious a nd sullicient ca us e , a n a ppointment 8 S counsel de officio
or 8 S a mi cus curiae , or a request from the In tegrated Bar of
th e Philippin es or a ny of its chapters for the rendition of free
legal a id.

Rule 15.06 - A la wyer shall 1I0t state or im ply tha t he

is able to infl uence a ny publi c official , tribunal or legislati ve
body.

Rule 14.03 - A la wyer may

se ntation of a client if:

0 (\1

refuse to acce pt repre-

a)

he is not in a position to carry out the work effecti vely or com peten tl y;

b)

he labors under conflict of inte re st between him

a nd the prospect ive client or betwee n a present elien t a nd the pros pective client ,

Rule 14.04 - A lawye r who accepts the ca use of a pe rson

unabl e to pay his professional fees shall observe the same standa rd of conduct gover ning his re lations with paying clients.
CANON 15 - A LAWYER S HALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALI NGS AND
TRANSACTIO NS WITII illS CLIENTS.
Rule 15 .01 - A la wyer in conferri ng with a prospecti ve
client , shall ascert ai n a s soon as practicable wh ether the ma tter
would in volve a conflict with a nother client or his own interes t , a nd if s o, shall forthwith inform the prospective clien t.
Rule 15.02 - A la wyer shall be boun d by the rule on
privilege comm unication in respect of matters di sclosed to him
by a prospecti ve client.
Rule 15 .03 -

A la wyer sha ll not represent conflicting

Rul e 15.07 - A la wyer sha ll i mp re ss upo n his client

com pliance with the law s a nd t he pri n ciples of fairness.
Rul e 15.08 - A lawyer who is e ngaged in another profession or occupa tion concu rrently wi t h the practi ce of la w
shall mak e clear to hie client whether h e is acting as a la wyer
or in a nothe r capacity.

CANON 16 - A LAWYER S II ALL HOLlJ IN TR UST

ALL MON EYS ANI> PROP ERTI E S OF lllS CLIE NT TH AT
MAY COME INTO Ill S POSS ESSI ON .
Rul e 16.01 - A la wyer sha ll a ccou nt for all money or
property collected or received for or from the clien t.
Rul e 16.02 - A la wye r sha ll kee p the funds of each
clie nt se pa rate a nd apa rt from his own a nd those of oth ers
ke pt by him.
Rule 16.03 - A law yer shall deli ver th e fu nds and property of his client when du e or upo n demand . However, he sha ll
have a lien over th e fu nd s a nd may a p ply so m uch thereof as
may he necessary to satisfy hi s la wful fees a nd diabu rserncn ts,
giv i ng not ice promptly the reafter to h is cl ient. He shall also
ha ve H lien to the sa me extent Oil 1111j udgme nts a nd executions
he ha s sec ured for his clie nt a s p rovided for in the R u l(~ !l of
Co u rt.
Ru le 16.04 - A la wyer sha ll not borrow money from his
clie n t unless the clie nt's in terests u re fu lly pro tected by the

~,
I

'i

"

LEGAL PROFESSION

() UT IES AJ"O D PRIVI Lt;GES 01-' A LAV.'YER

na ture of t he case or by independe nt advice. Neit her sha ll a

lawyer le nd money to a clie nt exce pt, when in the interest of
j ustice, he has to ad vance necessary expenses in a legal ma tter he is ha ndling for the client.

CANON 20 - A LAWY ER SHALL CII ARG E ONLY FAIR

AND REASO NABU; ;'EES.

"

CANON 17 - A LAWYER OWES FIDE LITY TO T HE

CAUS E OF HIS CLIENT AND HE S HALL BE MINDFUL O F
TH E TRU ST AND CONFIDENCE REPO SED IN 111 M.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
WITII COMPETENCE AND DILIGENCE.
Ru le I R.Ol - A la wyer sha ll not undertake a legal se rvice whi ch he kn ows or should kn ow that he is net q ua lifie d to
render. However, he may render such se rvice if, with the con sent of his client, he can obtai n a s collabora ting counsel n
lawyer who is competen t on th e m atter.

Ru le 20.01 - A la wyer ~ h311 he guide d by the following

factors in de termining his fees :
a)

The t ime spent and the ext ent of the services rendered or requi red;

h)

The novelty an d d ifficulty ofthe q uestions involved;

c)

Th e importance of the subject matte r ;

d)

The skill dema nded ;

e)

The proba bility of losin g other employment a s a

resul t of acceptance of th e pre fe rred case;

The cu stoma ry charges for sim ilar se rv ices a nd th e

sched ule of fees of the IBP Chapter t o which he
be lon gs ;

g)

The a mount inv olved in the co nlroversy and the

benefi ts resulti ng to the client from the serv ice;

h)

The contingency or certainty of com pe nsation;

i)

The character of the employment , whether occasiona l

or established; and

j)

The professional standing of the la wyer.

Rule 18.02 - A la wyer sha ll no t hand le a ny lega l ma t ter

without adequate preparation .

Ru le 18.03 - A la wyer sha ll not neglect a legal matter

entrusted to him , a nd his negligen ce in connection therewith
sha ll render him liabl e.
Rule 18.04 - A la wyer sha ll keep the client inform ed of
t he status of his ca se a nd shall res pond withi n a reasonable
period of time to t he clie nt's request for infonnation.
CANON 19 - A LAWYER S HALL REPRESENT illS
CLIENT WITH ZEAL WITHIN TH E BOUNDS OF THE LAW.
Rule 19.0 1 - A la wyer sha ll employ only fair a nd ho ne st
mea ns to attain the lawful objectives of his clie nt an d sha ll
not presen t , participa te in presenting or threaten to present
unfounded cri mina l cha rges to obtain an improper ad vantage
in a ny case or proceeding.
Rule 19.02 - A la wyer who ha s received infonnation
that his client ha s, in the course of th e represen ta tion , perpetrated a fraud upon a person or tr ibunal , sha ll pro mptly ca ll
u pon the clien t to re ct ify the same, a nd faili ng which he ha s
to termi nate the re lations hip wi th such client in accordance
with the Rules of Cour t.
Rule 19.03 - A law yer shall not allow his client to dictate the procedure in hand ling the case.

Rul e 20.02 - A lawye r shall. in cases of referral with the

conse nt of the client , be enticled to a division of fees in proportion to the work performed a nd res po nsibility a ssumed.
Rul e 20.03 - A lawyer shall not , withou t t he full knowledge a nd con sent of the client , acce pt a ny fee , reward, cost s,
commission, inte res t, reba te , or forwarding a llowa nce or oth er
com pe nsat ion wh a tsoever related to his professiona l e mployment from anyone othe r than the clie nt.
Rul e 20.0 4 - A la wyer sha ll avo id controversies with
clients conce rni ng his compen sa tion and shall resort to judicial act ion only to prevent im posit ion of inj us tice or fraud .
CANON 2 1 - A LAWYER SHA LL PRE SERVE TilE
CON F IDENCES AND SEC RETS OF il lS CLIENT EVEN

DUTIES AND I'kIYlLEGF-S OF A LAVlYER

U ;GAl, f'ROfo"E3S ION

"

AFTER T ilE ATTOR N EY-CLI ENT HELATION IS TEHM JNATED .

Rule 2 1.CI - A la wyer sha ll not revea l the confidences

or secreta of his client except:
a)

when authorized by the client afte r acqu aint ing him

of the consequences of the disclosure;

b)

when required by la w;

c)

when necessary to collect his fees or to defend him se lf, his e mployees or associates or by j udicia l acti on.

Rule 2 1.02 - A lawyer sha ll not, to the disadva nta ge of

his client , use information acquired in the course of employment, nor shall he use th e Marne to his own a dva ntage or that
of a third person , unle ss the client. with full k nowledge of the
circumstances consents thereto.
Rule 2 1.03 - A la wyer shall not , witho ut the written consent of hi s client, give inform a tion from his files to a n outside
age ncy seeking such inform a tion for a uditi ng', statistical, bookkeepi ng, acco unting, d ata processing, or any simila r purpose .
Rule 2 1.04 - A la wyer may disclose the affairs of a client of the firm to pa rtners or associates thereof unless proh ibite d by the clien t .
Rules 21.05 - A lawyer shall adopt such meas ures as
may be required to prevent those whose services are utili zed
by him, from disclosing or usi ng confidences or secrets of t he
client.
Rule 2 1.06 - A lawye r sha ll avoid ind iscreet conversetion about a clie nt's affairs even with mem bers of his family.

Rule 22 .0 1 - A lawyer may withdraw his se rvice in a ny

of the follow ing cases :

e)

When the client purs ues an illegal or immoral course

of condu ct in connection with the matter h e is handling;

b)

Whe n the client insists that t he lawyer pu rs ue conduct violative of t hese canons and rules;

c)

When hi s in ability to work wit h co-counsel will not

promote the best interest of the clie nt;

d)

When t he mental or phys ica l cond it ion of the la wye r rende rs it difficult for him to carry out t he
employment e ffectively;

e)

When t he client deliberately fails to pay the fees for

the services or fa ils to comply with the retaine r
agreement;

Wh en the la wyer is ejected or a ppointed to a public

office; a nd

h)

Ot he r s imilar cases.

Rule 22.0 2 - A la wyer who wit hdraws or is discharged

shall, subject to a retaining lien, im medi ately t um over a ll
pa pe rs a nd property to which th e client is enti tled, a nd shall
cooperate with h is successor in the orderly t ra nsfe r of t he
ma tter, incl uding a U information necess a ry for the proper
handling of t he matter.

2.

Pour-fold Duti e s oC a Lawyer

The duties of a lawyer may be classified into four (4)

categories, namely :

Rule 2 1.07 - A la wye r sha ll not reveal that he has been

consulted about a pa rti cul a r case except to avoid possi ble
.
conflict of interest,
CANON 22 - A LAWYER MAY WIT H DRAW HIS SgHVIC ES ONLY FOH GOOD CAUSE AND U PON NOT ICE APPR OPIllATE IN TH E CIRCU MSTANCES.

77

a)

His duties towards the courts;

b)

His duti es towa rds the society ;

c)

H is d uties towards his colleagues in the profession;

d)

H is du t ies to his client.

an d
Mem be rship in the bar entai ls various obliga tions. The
la wyer's role in the ad ministration of j us tice deman ds obligat ions whic h a re not usu ally expected from a n ord inary lay-

78

LEGAl.. PROFE SSION

IlUTIER AN D PRlVII.EGES OF A I.AW'fE R

:1

ma n. He has s t ro ng influen ce in the community ; m a ny people

consider hi m worthy of im ita tion a nd as such he s hould not
only pre ach t he la w b ut mu st lik ewise se t t h e exa mp le by
observing and upholding the sa me .

bu t to the ad ministration of justice. Hence, his client's success

is wholl y subordinate. Fo r this reason, in case of a conflict
between his du ties to the courts a nd tha t to his client. j l, e
con flict s hall be resolved in fav or of t he form e r.

Once 8 p<lrson is gi ve n th e pri vilege or Irnnchi sc to pract ice la w, he ip so {acto becomes a n adminis trato r of justice ,
oath boun d serv a nt of society whose firs t d uty is not to his
client but towards the ad min istr ation of jus tice.

As R la wyer 's duty of prime importance is to observe a nd

mai n tai n the respec t d ue to the cou rts of j ust ice and judicial
officer s, his conduct be fore the cou rt should be cha racterize
with ca ndor, tru thfu ln ess a nd fai rness. He shou ld come to
cou rt properly attired, a nd should a void insulti ng and di sre spectful words in hi s dea lings wit h t he court. Neit he r sha ll
he mi sq uote a decision of the cou rt under pain of conte m pt. It
is a ls o his solemn duty to defen d the court from unj ust cri ticis m. He ha s the righ t however to cri t icize the wron g actions
of t he court, but in doing this, he must see to it that his word s
though forceful a re digni fied . He should a lso observe the pro per
p rocedu re a nd/or remedy in expressing his com pla in t against
the court.

He h a s the duty to h is brothers a nd s is ters to utilize

peacefu l a nd lega l mea ns in seeki ng j us tice a n d refrain fro m
doing inte ntiona l wrong to th ei r opponents. lie sh ou ld s t ri ve
to maintain public confi de n ce in the ad mini st ration of j us t ice
and in the in tegrity of t he j udiciary. He should di scourage
indi vidual s, pa rticula rly t ho se in public office from di sr egard ing the su premacy of the law a nd respect for the righ ts of
citizens.

The fir~ t a nd foremost duty of a lawyer is to a dvocate for

tbe prop er administration of justice as the society ha s del egated to the legal professi on the ad ministra tio n of law a nd
the dispensing of justice. Hence, lawyers are expecte d to be ut
the forefront in the observan ce and ma inten a nce {Ifthe rule of
law a nd the pr eservation of its de mocra tic in stitution a nd
liberti es. For this rea son , Ilia du ty in cludes perpetual al legiance to the Republic of th e Philippin es , uphold its cons t it ution a nd obey the la ws of the land.
While the duty to uphold the constitutio n a nd obey the
laws of t he la nd is a n obliga tion imposed upon every citizen,
a lawyer a ssu mes far more re spon sibilities than that of a n
ordina ry citizen . As a schola r of the law, he should se t a n
exam ple for the com mon good. lie should not e ng age in u nlawful, d ishon est, im moral or dec eitful conduct otherwise, he
makes hi mself unfit to re mai n a member of the bar.
It is t he du ty of the la wyer to ma intai n toward s t he
courts a res pectful a ttitude, not for the sake of the tem porary
incumbent of the judicial office, but for the ma in tenan ce of its
su pre me importa nce . As an officer of the court, his duty to the
latte r is more pa ra mount than his d uties to his client. As
pre viously pointed out, his primary duty is not to his clien t

79

In one case, ' it wa s held that a p ublication that tend s to

im ped e , ernba rraae or obstruct the cou rt a nd constit u te s a
clear and presen t danger to t he a dministrat ion of justice is
not prote cte d by the gu a ra ntee of press freed om a nd is punishable by conte mpt, it is not neces sa ry to show that the
pu bli cation actually obst ructs t he a dministra tion of j ustice, it
is e noug h that it le nds to do so. In People us. A la rron ,2 it wa s
held that newspa per publications te nding to impede, obstruct,
e mba rra ss or influence the courts in ad ministe ring jus tice in
a pendin g suit or proceed ing cons ti t u te s criminal contem pt
wh ich is sum ma rily pu nisha ble by the courts.
In In re Thlfo,3 Tulfo's "S a ngk a tutak na Bobo" colu mn
(on the SC decision in Va lmon te VB. De Villa ) was held cont umaciou s. Freedom of the press is su bord inate to the au thority,
integrity a nd independence of the j ud iciary a nd the proper
a d m inistration of ju stice. While the re is no law to rest rain or
pu ni sh the freest exp ression of di sa pprobation or what is done

' In re Jurado. 12 J u ly WHO.

Phil. 26..e.
a17 Apri l 1990 .
~9

LEGAL I'IWFESS IQN

DUTIES AND PIUV TLEGt :S OF A LAWYER

in or by the courts, free e xpres sion mus t. not be UB('d as a

ve hicle to s a t is fy ono'e i r ra t ion al obsession to demea n , ridi-

duct that should be with all good fideli ty to the courts, T he

duty of an a ttorney to the courts can on ly be maintained by
re ndering no se rvice involving a ny dis respect to the ju dicial
office whi ch he is bound to u ph old."

80

cule, degrade and even de stroy the courts and thei r me mbers.
In In re La ureto." a la wye r was held in contempt and
s us pende d from the practice of la w for wri ting ind ividual le t ters to t he members of t he SC division who decided a cas e

a gains t his client a r roga nlly questioning their decision and

threatening nn expose if the sa me was not reconsi dered in his
favor. In Zaldivar us. Sandiganbayan ,!' a member of t he Ba r
who impu ted cha rges of im proper influence, corru ption and
other misdeeds to members of the Supreme Court, was su spended from the pra ctice of law, a s "neither the ri ght of fre e
speech nor th e right to engage in political activities ca n be 80
construed or exte nded as to permit a ny such liberties to a
me mber of the Bar."
Judges, not be ing wh olly free to defend themselves, are
peculia rly entitled to recei ve the su pport of the Bar agains t
unjust criticism and clamor. Whenever there is proper ground
for se rious compla in t of a jud icial officer, it is the ri ght and
duty of the la wyer to submit his grievance to the proper a ut horities.

As an officer of the cou rt, the lawyer ha s the duty to

up hold its dign ity and a uthority, Respect to the courts gu arantees the st ability of our dem ocr atic institution s whi ch without such respect would be resting on a very sha ky foun da tion.6 In this case , a se nator was punished for contempt for
having attacked a decision of the S upreme Cou rt which he
called incompetent and narrow-mi nded , and announcing tha t
he would file a bill for its reorganization.
The lawyer should maintain toward the courts a respect ful attitude." The sa me ca non makes it peculiarly incumbent
upon lawyers to s u pport the courts against unj ust criticisms
and clam or. The a ttorney's oath solemnly binds him to a con-

4148 SCllA 382 .

&170 SCRA 1.
6111 n' Sette, 82 Phi l. 9.'; 9.
' Rul", 138, Sec. 20. Ruh'>! of wurt.

8'

The general rule is t ha t e very citi zen, a nd so every

mem ber of the Bar, has the righ t to com ment upon the rul ings
of a j ud icia l officer in a n action which has been fina lly determined. Wh en a case is finished , judges a re s ubject to criticism
aa othe r people. In cri ticizing the court, howeve r, the lawyer
must us e respectfullanguage. A lawyer may not attack a court's
decision in word s ca lculated to j ct isso n t he time-honored a pho-rism that courts a re temples of right . Lawyers must come
up with various meth ods, perhaps more effective, in ca lling
the court's attention to the issues involved . The language
vehi cle docs not ru n short of expression, empha tic bu t respectful, convi ncing but not de roga tory, illumina ti ng but not
offensiv e ."
No twit hstanding his right to crit ici ze the courts, a lawyer
is s till bound, as a n officer of the Court to give due respect to
judges in or out of court. An attorney is under special obl igati on to be considerate an d respectful in h is conduct and com munica tion to e judge. He is an officer of t he Court, a nd it is therefore his duty to u phold its honor a nd dignity. Certain pri vileges
attach to him by reason of s uch officia l positi on, lie may in the
trial of cases use langu age concerning wi tnesses, and parties,
a nd a ll ma t te rs and things in is sue which elsewh ere a nd under
the circ u mstances would be libe lous .
Lik e membe rship in a ny other organization, it is im pe rative for every lawyer to stri ve at all times to uphold the honor
and ma intai n the dignity of t he legal profession , He sha ll
pa rticip a te in the development of th e legal system by initiating or supporting the improvement of t he administra t ion of
justice, Me mbership in th e bar vests a la wyer certain obligations towa rd s hi" brethren in the profession as well 8S to the
organiza tion to which he belo ngs (IBP ). It in cludes observance

8Su ri g RO VII. Cloribe l, 3 1 SC RA 1.

Il fU w t"1n V8 . Ferre r, 20 SC RA 44 1.

l.EGAL I'ROFE.3S ION

DUTI ES AND PRIVI LEGES OF;.. IA y,rYER

of ho norable, candid and courteous deal ings with fellow la wyers as well as the establishe d customs and practices of the
profession an d perfo rmance of the d uties to the in tegrated
bar. The Code of Profession al Respo nsibility provides a mong
others that a lawyer shall not , direc tly or indirectly encroach
upon the professional employment of another lawyer. A la wyer should not steal t he othe r lawyer's client nor induce the
latter to retain him by a prom ise of better se rvice, good. result
or reduced fees for hi s services. However, as se rvant of the
law, he has the du ty to giv e proper advice a nd assistance to
those seeking relief aga inst un fa it hful and neglectful counsel.
This is not to say, howeve r, that a lawyer may not substitute
a not he r la wyer in h andling t he ca se of a client, bu t h e may
only do so u pon proper notice to the counsel concern ed a nd
only after the latter h ad tendered his withd rawal to the case,
as a role.

prote cted . In this regard, the client will be encou raged to

entrust hi s legal problem s to an attorney, which is necess a ry
in the p. oper administra tion of justice. Moreover, t he persona l
cha racter of th e rel ation prohibits its delegation in favor of
a nother lawyer withou t the consent of the clie nt. Wort hy of
note is the fact that the in terest of the legal p rofeeeion as well
as the sa fety of the client demands a strict recognition and
enforcement of the rules protective of the re la tion of attorney
and client. The trust an d confide nce whic h a clie nt must necessari ly repose in a n a tto rney can only be attaine d by the
attorney's fa it hful a dherence to them.

82

83

;1

It is the right of the lawyer to undertake the defen se of a

person accused of a crime, regardless of h is pe rso na l opinio n as
to the guil t of the acc used; otherwise, innocent persons, victims
on ly of suspicious ci rcu mstances, might be den ied proper
defense. Having undertaken suc h defen se, the lawyer is bou nd
by all fa ir and hon orable means, to present every defense that
the law of the land pe rmits , to the end tha t no person may be
deprived of life or li berty, but by due process of law.

Just like oth er public officers , the lawyer assumes office

with the attenda nt du ti es a nd privileges, a nd on e such duty
is the re nderi ng of free services to poor lit iga nts, upo n sho wing tha t th e pa rty is destitute a nd unable to employ an attorney.
The duty of a la wyer towards his client is in vested with
public interest in view of the nature of the relat ions hip wh ich
is strictly personal and highl y confidential. It in volves mutual
trust a nd confide nce of the high est degroe.t? The interest of
the publ ic requires that the personal , confiden tial a nd fiduciary relation between a ttorney and client be prese rve d a nd

'OClaudio va. Subido, 40 SCRA 4tH.

Th e relat ionship be tween an attorney and client is consider ed as pe rson al , fidu cia ry a nd con fide ntial. By virt ue
the reof, a lawyer owes fidelity to the CU U8C of his client and
he sha ll be mindful of the trust a nd confide nce reposed in
him .
A la wyer in the disch arge of his professi onal d uties is , in
a res tricted sense , an agent of his client. He is ex pected to be
vi gilan t in the prosecution or defen se of his client's ri ghts. As
the relation ship is characterized as h ighl y fiduciary, it ha s
been held in a lon g line of cases that an a ttorney owes loyalty
to his client not only in the case in wh ich he has represente d
him bu t a lso a fte r the term ination of the at to rney-clien t rel a tionship between them a nd it is not a good practice to perm it
him afterw ards to defend in another case other persons against
his form er clie nt under the prete xt that the case is distinct
from , a nd inde pe ndent of the fanner ca se. An a ttorney owes
to his clien t a n undivided a llegiance a nd after he has bee n
retained by a nd received the confide nce of his clie nt, he cannot . without the free and in tell igent consent of his client, give n
after full k nowledge of a ll the facts a nd circumstances, act
both for hi s client a nd for one wh ose interest is a dve rse to or
conflicting with tha t of his client in the flame genera l ma tter.
The rul e is designed not only to prevent the d isho nes t practiti oner from fraudulent conduct but a lso to preclude the hon est pra ctitioner from pu tting himself in a position where he
may be required to choose between conflicting du ties. Jt is
likewise a duty of a n a ttorney to d isclose to the clien t all the

.
!

LEGAL PROFF.5.SIO N

n u rrss ANn PIUVILF.GJo:S OF A I.AWYEIt

circu ms tances of h is rel ations to the p a rties . a n d any i nte res t

in or con nect ions with the controversy, which might influen ce
the client in the select ion of counsel. 11

5.
li e h a s the ri~ht to protes t, in a respect ful manner,
any unwarranted treatme nt of a wit ness or a ny unjusti fied
delay in th e administration of justice : a nd

The exacti ng responsibilities of an at torney to his client

sho uld , howeve r, be reconciled wi t h h is duti es to the court of
which he is an officer, to the ba r of wh ich he is a membe r and
to the public of which he is a lso a part. Thus, it has been held
m81lY times that where his duties to his clients conflict with
those whi ch he owes to the court or to the pu blic 8 S a whole ,
the form er mu st yield to th e latter.

6.
P a ssi ng t he ba r is equiva le nt to a first grade civil
se rvice ellgt biltty for a ny position in t he cla ss ified service i n
the governme nt t he du ti es of which require knowledge of law,
or 8 second grade civil serv ice eligibility for a ny other government positi on .

A la wyer therefore has a more dyn amic a nd positive role

in the community tha n me rely com plying with th e minimal
technicalities of the statute. As 8 man of Jaw, h e is necessa rily
8 leader of the community, looked up to a s 8 model citize n .
His cond uct must pe rforce be par excellence es pecially 1'10 when
he volunteers hi s professional servi ces.V
3.

P rivilege s or a n attorney
In ge neral, an a ttorney e njo ys t he following privileges:

1.
He h as hoth t h e right a nd privi lege to pr actice law
du ri ng good behavior before eny judicial, quasi-judicial or
adminis trative tribunal ;
2.
He enj oys the presumption of regularity in the d ischarge of hi s fun ctions;
3.
He e njoys immunity fro m liabilit y to t h ird (3rd)
pe rson, in the pe rfonnance of hi s obligati on to hill clie nt, insofar 88 he does not mate riall y depa rt from hi s ch a ra cter a s
a qua si -judicial officer;
4.
Hi s statements, if relevant, pertinent or material to
the s u bject of judicial inquiry are absolutel y privileged :

IlCod e of Profl' iUIiollal RelIpon"ihility.

12Blanza VlI. Arca ngel , 21 Se RA 2.

H5

Some Decided Cases on Legal E th ics

SE UASTlAN Vii. CALIS
A.C. No. 5 118. 9 Sep tem ber 1999
112 SCAD 1. 31 4 SCRA 1
F a c ts:
Atty. Dorotheo Calis promised Marilou Sebast ia n
t h a t, for a fee of PI 50 ,OOO.OO he shall secu re for her a ll
necessa ry documents req uired for her t r ip to the U.S.A.
Atty. C alis then gave Marilou copies of S u pplemental to
U. S. Non-Immigrant Visa application and a set of qu ostions to be as ked duri ng the interview. S he was like wise
made by AU/Calis to assume th e name of Liszette Ferre r.
Wh en Marilou re alized that s he would be using s pu rio u s
trave l documents, s he dem anded the r..turn of h er mo ne y
but Atty. Celis assured her t h at he was in that lin e o f
business and nothin g would go wro ng. Anyway, he told
her, s he s hall be refunded in full if something goes wrong .
Thus , assu red Marilou with t wo others left for the
U.S .A. Wh en they a rrived at Singapore, they were a ll
a rrested for carryi ng s puri ous tra ve l docu men ts , detained
at a pri son an d eventually de ported to t he Philippin es .
Upon her return to t h e Phili ppines, respondent Atty. Ca lis
took Mari lou's passport a nd prom ised to H<'CUre new travel
docu men ts. Ma ri lou, however, opted not to p urs ue the
trave l a nd demanded t he return of the PI 50,OOO.00.
Respondent ma de h im self sca rce an d s ubsequen tly t r-ansferred resi de nce to a n unknown address .

86

LEHAL PHOFt: &<::'I ON

DtITlES AND PRM U': GES OF A l.A\\''YER

Iss ue s

87

FENTICOSTES V S. lUA.1\'EZ
Adm. Case CnD No. 167, 9 March 1999
104 S CAD 236, 304 S CRA 281

Whether or not responden t's act is violative of the

canons of the profession warranting his disbarment.
H eM:

Facts:

Res pondent W8S rem oved from the H.oll ofAttorn eys
for unethical , unscrupulous a nd unconscionable conduct
toward the complainant for the following rea sons:

Sometime in 1989, Enca rnacion Pascual wa s sued

for non -remittance of SSS premiu ms which complai nt
was a ssigned to Prosecutor Iba nez for preli mina ry in vestigation. In the course of the investigation, Enca rnacion
gave the amou nt of Pl,804 .00 to responde nt 8 S payment
of her SSS contribution in a rrears. Respon de nt d id not
pay t he SSS, hence on Nov. 10, 1990. a complaint wa s
filed aga inst the responde nt for professiona l misconduct
in allegedly misappropriating the amount. On 23 November 1990 , the respondent paid SSS the amo unt of
Pl ,804 .00 on beha lf of Encarnacion

1.
He is guilty of violating Ru le 1.0 1 of Ca non 1
of the Code of Professiona l Responsi bility because he deceived the com pla inant for material ga in.
Deception and ot her fraudulent acts by a law yer
are d isgraceful end d ishonor abl e. They reveal moral flaws
in a lawyer. They a re un accep ta ble.

The relati on ship of a la wyer shou ld be characterized by the highest degree of good faith. fa irness and
candor. This is the esse nce of th e lawyer 's oath. The
la wyer 's oath is no t a mere fictile of word s, drift and
hall ow, bu t a sac red b ust tha t lawyers must uph old a nd
keep invio labl e. The nature of the offi ce of a n a ttorney
requires tha t he must be a person of good moral cha racter. Th e requisite is not. onl y a condit ion preced ent to the
ad mission to the pra ctice of la w, its conti n ue d possession
is also essential for rema ining in the practi ce of law.

Issue:
Whether or not responde nt is gu ilty of misconduct
a nd have violated Canon 16 of t he Code of Professiona l
Responsibility.
Held:

A lawyer has the privilege to practice la w only during

good behavior. H e can be dep rived of his IiOOJ.se for misconduct ascertained and declared by judgment of the court
afte r giving him the opport unity to be heard .

It is glaringly clear that re spondent's non -rem ittance for over o ne year of the fu nds coming from
En carnacion is gross viola tion of Rule 1.01 of the Code of
Profess ional Respons ibility. The belated payment does
not excuse his miscond uct. Neither would his defense
th at the acts complained of were not done by him in his
capacity as a pra cti cing la wyer but on account of his
office as a prosecu tor exculpate h im from res ponsibility.
While Encarnacion may not strictly be consi dered a elient of responden t, the rul es relating to a lawye r's handling of funds of a client is applicable.

The Court note d the ada ma nt refusa l of the respondent. to comply with the orders of the lUP and his total
dis rega rd of t he s ummo ns issued by the lOP a s constitutive of contemptuous acts reflect ive of unprofessional conduct.

Responde nt 's fa ilu re to immed ia tel y remit the

a mount gives rise to the pres umption of misappropriation . That is in gross violation of gene ral moral ity as
well a s professional et hics , it impai rs publi c con fide nce
in the lega l profession a nd dese rves punishment.

2.
Th e practice of la w is not a right but II pri vilege
bestowed by the State on th ose who show that they possess a nd contin ue to possess the qu alifica ti ons requ ired
by la w for the conferme nt of such pri vilege . Membership
in the Bar is a privilege burdened with conditions.

DUTiES AND PRIVILJo:GES OF A I.A\~R

LEG Al.. PRm"ESSION

AA

88

Th e Supreme Court has repea tedly a d monished

lawyers th at II high sense of morality, honesty and fair
dealing is expected and required of every member of th e
Ba r.

has violated his duty under th e Rules of Court, to coun sel a nd maintain such actions or proc eedings only as
a ppea r to him to be just a nd such defenses only 8S he
believes to be honestly deba table unde r th e law.

Want of moral integrity is to be more severely condemned in II lawyer who holds a responsible public of-

Furthermore , his having stated false a llega tions in

his mot ion for postpon ement t hat he had to a tte nd the
hearing of a special proceedings on th e same day eet for
pre-trial 8 S well 8 S is purpose ly a llowing the court to
believe th at he wa s still connec ted with th e CLAO are
employment of means which arc not consistent with t ruth
and honor a nd in fact se-eka to m isl ead the j udge.

fice.
The respondent wa s reprimanded with stem warnin g.
AFURONG V8. AQUINO
A.C. No. 1571, 23 September 1999
112 SCAD 838, 315 SCRA 77

Facts:
Afuron g filed II complaint for ejectmen t against
Victorino Flores whi ch was decided in her favor, and the
corresponding writ of execution was served on Victorino.
Victorino sought the a ssistance of th e Cit izens Legal ABsistance Office (C LAO) a n d th e ca se was assign ed to Atty.
Aquino, who was then connected with th e sa id office.

Aquino filed a Petition for ReJief from .Judgment

which was dismissed. He likewise filed 8 Petition for
Certiorari and Prohibition . He filed an Urgent Motion
for Postponement rel ative to th e pre-trail conference of
the a bove petition sign ing hi s name as counsel for
Victorino and indicating th e address of th e CLAO as his
busi ness address, a ltho ugh he was no longer connec ted
with th e sa id office. He premised the motion on his alleged ap pearance in a special proceedings case. It t urned
out that the special proceedings case has already been
te rm inated before th e pre-trial date for whi ch th e postponement was so ught .

n eld:
Respond ent should not ha ve filed the petition for
certiorari cons ide ri ng that it has no a ppa re nt purpose
othe r th an to del ay th e execu tion of a valid judgment. He

Respondent has viola ted his duty to employ, for the

purpose of maintaining the ca uses confided to him, such
means only as a re consistent with truth and honor. and
never seek to mislead th e judge OT a ny judicial officer by
an artifice or fal se statement of fact or law.
A lawye r has an oath to do no false hood and owes
ca ndor, fairn ess, and good faith to the court. For his
failure to observe such ethical s tanda rds, respond ent was
found guilty of malpractice and s uspended from the prac
tice of law for six months .

TOLEDO ve. ABALOS

A.C. No. 51H. 29 September 1999
113 SCAD 195, 315 SCRA 419

Facts:

Atty. Abalos obtained a loan from Thledo in th e

amount of P20,OOO.OO plus interest a t 5% per month .
Afte r failure of AUy. Abalos to pay despite re peated demands, Toledo sought th e as s istance of the InP which
refe rred th e ma tter to th e Com mission on Ba r Discipline
(C BD ).

The CRO issued a n ord er directing Atty. Abalos to

a nswe r but she did not do so. The investi ga t ing commissinner issued a n order set ti ng the case for hea ring but
despite notice, the respond ent fail ed to appea r. She likewise received an ord er considering th e case submitted

m rn zs ANn PRM U ;GES o r A LAWYER

LEG" L I'KOHSSIO N

90

for res olu t ion bu t again despite receip t of t he order, reo

spondent ag ai n did not do a nything about it.

Is sue :
Should respondent be s ubjected to disci pline despi te
the fact that obtaining her loan was her conduct in a

non-professional ca pacity?

dish on esty in his profession, but 81:-:;0 for gross misconduct not connected with his professi onal duties, wh ich
s hows him to be unfit for the office a nd u nworthy of the
privi lege whi ch h is license and the law confe r upon him.
Worthy to note, however, is that fa il ure to pay one 's debt
may not involve such a grievous now on morals as in the
case at bar.
VI LL.AF LOR

H eld :

Respond ent may not be disciplined eithe r by th e

JDP or the court for failing to pay her obligation. Th e
general rul e is t hat a la wyer may not he sus pended or
di sbarred , and the court m ay not ordinarily a ssume jurisd iction to d iscipline him , for misconduct in his nonprofessional or priva te capacity.
Th e respond ent with her legal knowledge a nd expertise, may hav e known a ll a long that th e enn has no
jurisdiction over a compl aint for collection of a su m of
money which she borrowed in her priva te capacity. As
the complaint lodged against the respo nde nt did not
pertain to an act that she committed in the exercise of
her profession, the IBP need not assume jurisdiction to
discipline respondent.
Be that as it may, by virtue of a la wyer's membership in the !BP, a la wye r thus submits himself to the
d isciplinary a ut hori ty of the organizati on. Even if the
IBP had no jurisdiction it was st ill necessary for the
respondent to ac knowledge the ord er of th e cnn in defere nce to its a uthority over her as a member of the IBP.
Her wanton d isregard of its lawful orders subjects t he
respond ent to disciplina ry action.
Respond en t wa s suspended for the pra cti ce of law
for one (1) year.
A ut hor 's Note :
However, it was held in a long line of cases that a n
attorney may be removed not only for ma lpractice a nd

91

V B.

S ARITA

A.C.-C HC No. 471, 10 Jun e 1999

107 SCAD 288. 308 SC IlA 129

Fac ts.
Re spondent lawyer was able to obtain a favorable
judgm ent in the MTC which wa s later affirmed by the
RTC. The defendant in th at cas e a ppe aled to the CA a nd
was a ble to obtain a Temporary Res t raining Order (TRO)
a dd ressed to a nd served upon the presiding j udge of the
RTC, the she ri ff and counsel for bo t h parties, enjoining
the e viction and demolition of defendant's family home.
Respondent then filed an ex parte motion with the
MTC for the im pleme ntation a nd/or enforcement of the
writ of dem olition pre viously issued without a dvis ing the
tria l court of the TRO issued by the CA.
Issue :

Wa s th e respondent guilty of unethica l cond uct?

Hel d :
Res ponde nt is guilty of unethical cond uct.
His d isregard of the TRO is a n immea surab le dis service to the judicial syste m. By s uch act, he deliberAt-el y disregarded or ignored his sole mn oat h to conduct
himse lf as a lawyer according to the bes t of his knc wledge a nd discretion , with all good fidelity to the courts.
He ne g lected his duties to observe a nd maintain the
res pect du e to the courts of j us tice and judicial officers,

D UTl F~"

LEGAL PROJo'ESSION

92

a nd to net with ca n dor, fairness a nd good faith to the

courts.

The fa ct th nt t he THO was a mb iguous is no reason

for the respo ndent to have resorted to the na rro wly techn ica l inte r pretation and implementat ion 88 court or der!'!
must be respected not because of the respect an d consideration that should be extended to the judicial branch of
the governme nt. The re spect for ju d icial orde rs is essen tial if ou r government is to be a government of laws a n d
not of men .

Respon dent likewise mislead the trial court judge

into issuing the order to implement the writ of demolition , in effect violating Rul e 10.01 of the Code of Professional Responsibility which states"A lawyer sha ll not do
a ny falsehood nor consent to the doing of a ny in court."
A la wyer's res pons ibility to protect a nd advance the
interest of his client does not warrant a cours e of a ction
propelled by ill motives a nd ma licious inte ntions a gai nst
the othe r pa rty.
For violating the a bove duties , respond ent wa s suspended for two (2) years from the practice of law.
CUIUMATMAT ' 8. GOJAR
A.C. No. 4411, 10 June 1999
107 SCAD ~K3, 308 SCRA. 340

Facts:
Atty. Gojar, the cou nsel of t.he former e mployees of
Uniwide Sales, In c., wa s char ged with lack of fidelity to
his clients' cause on the a llega tion that: The employees
filed a petition for review on certiorari before the Saprem e Court a nd Atty. Gojar (he rein respo ndent) moved
for the d ism issa l of the petition witho ut. the ir consent;
Atty. Gojar appeal ed from the d ismissal of a n unfair la bor
pra ctice beyond the In-day period to do so; He promised
to file a peti tion before the S u preme Court after a n a ppe a l in t he NLRC for money cla ims waR dismissed , bu t

AND PRIVILEGES OF A l AWYER

sa

he did not prepa re t he petition on the ground of pressure

of work; And he deliberately hid from h is clients the fact
that a decision had a lready been rendered in t he NLRC
case .
In his comment, the respo nden t a ttempted to re fute
the aJlegat ions against him a nd explained his side of the
controversy. However, othe r th an his self-servi ng claims,
he d id not add uce a ny evidence. Worse, he chos e to ignore the hea ri ngs before the IBP where he cou ld hav e
shed more ligh t on the controversy.
Issue:

Whether or not respondent viola ted the canons of

the profession .
Held:

Responde nt ha s violated Canon 18 of the Code of

Professional Responsibility which provides t hat "0 lawyer sha ll serv e hi s clie nt with competence and diligen ce."
A la wyer owes fidel ity to the ca use of hi s cl ient a nd must
be mindful of the trust a nd confidence rep osed on hi m.
Respondent's shortcomings however, did no t warrant suepenelon from the practice ofla w conside ri ng that
this was his first offense.
The Supreme Court ad ded "Litiga nts are reminded
that la wyers are not demi-gods or magicians who ca n
always win t heir cases for th eir clie nts no matter t he
utter lack of merit of the sa me or how pa ssi ona te the
litigants may feel ab out their cause."

' 8.

llILDAWA
SALONGA
A.C . No. 5 105, 12 August 1999
llO SCAD 663, 3 12 SC RA 279

Facts:
The Preside nt of SfAVA charged Atty. lI ilda wa of
ha ving withdrawn a deposit in favo r of SfAVA in the

.,

LEGAL PROfF..8..<;ION

am ou nt of PI04 .543 .80 without a ut horit y a nd of refusi ng

to t u rn ove r th e wi t hdrawn s u m of STAVA. He was likewise charged wit h a ppearing as cou nsel for KBMB PM ,
an oppon e nt of STAVA.
Iss u e :

Whe t h er or n ot res pond ent is engaging in con flicting inter est.

H el d :

Respon dent is exonerate d from h a ving violated hi s

obligation to hold in tl"'.181 t h e funds of hi s client, as it
t u rned out th at the followi ng day he t urned over the
amount he received to STAVA's Treasurer as the Presi-

IlUTIES ANn PRIVIL EGE S OF A LAWYF.IC

.,

(a nothe r complainant) who , a fte r lea rning that the sa me

h as been s ubmitted for re sol ution, told the resp ondent ,
"You are too busy to attend to ou r case, it would be better
if some body else would ta ke over," to which accor ding to
the re spo ndent he re pli ed, "It is a lright with m e, it is
your pri vilege." Th at h e considered hi mse lf di sch ar ged
as cou nsel in t he t wo ca dastral cases and relieved of th e
obligation of moving for a reconsi dera tion , file a n ot ice of
ap peal, or to notify t h e complain ants cft he decision . F urthermorc, th e delay in the s ubs t it ution of Tibu rci o wit h
hi s heirs (the ot her compla inan ts), wa s becau se neither
the heirs nor th e ad min is t rato r o f t he i ntestate estate of
Ti burcio inform ed hi m of t h e la t ter's death despite the
heir's knowled ge th at he wa s the coun se l in the two
ca dastral cases.

dent was then on leave.

Respondent wa s however reprim anded for havin g
pla ced at ri sk hi s obligation of preserving t he confiden tiality r el a tion with a previous client. This obligation

Issu e:
Wa s t he wit hdrawal of cou nsel in confonnity wit h
t he rul es?

continu es even after th e attorney-client relati on ceases.

He shou ld not have a ppea re d as counsel for a party hi s
clie nt has p rev iously con te n ded with in a ca se sim ila rly
in volvin g the said parties . Respondent violated Can on 2 1
whi ch states, "A la wyer shall preserve the con fidences
a n d secre ts of hi s client eve n after the at torney-client
re lation is term in ated."
A UOMIN, ET AL. V 8 . BONCAVI L
A.C. N o . 5135, 22 Sep tem ber 1999
112 SC AD 760, 3 15 SC IlA 1

Facts:
Atty. Boncavil wa s charge by herein comp lai nants
with violation of the Code of P rofession al Responsibility
relative to two cadast ral ca ses h e filed for one of the
com pla in a nts, Tiburcio. Th e complaina nts a nd the res ponde n t live in close pro xim it y with each ot he r.
Respondent allege d that the day before t he ca daet ral court rendered its decision, he me t by chance, Julian ,

H eld:

A lawyer sh nll serve h is client with competence a n d

d iligen ce . Th e lawyer ow es en ti re de votion to the interes t of th e client, sa ved by the rules of law legally applied .
This sim ply means tha t hi s client is entitled to the benefit of any and ev ery remed y or defense . If much is de m ended from a n a t torney, it is because t he en t rusted
privilege to pra cti ce la w ca rries with it th e correla tive
duti es not only to t he clien t but a lso to the cou rt, to t h e
b ar a n d to t he public . A la wyer who performs h is duty
with diligen ce a nd ca n do r not only protects t he in teres t
of hi s client ; he a lso serv es th e e n ds of'juetiee, does h onor
to the bar, helps mai ntain the re spect of the com mu ni t y
to t he legal professio n .
-I uhan who a llegedly made t he remark s is not the
onl y heir and wa s not s h own t hat he wa s speaking for
t he hei rs . If res ponde nt really be lieved that he wa s di scha rged as counse l, he sh ould have informed the court
a nd asked th a t he be d ischarged. Until h is dismi ssa l or

LEGAl.

oc nra

PRor~ ION

withdrawal is made of record , Rny judicial notice se nt tc

h im was bin ding upon hi s clients even though 8 8 00tween them the professiona l re lationship may have been
terminate d.

Four years after t he dea th of the complainants'

fat her Tiburci o is sim ply too long a peri od for h im not to
have kno wn of hi s clie n t's death, especia lly a s it appears
that he a nd compla inants live in dose proxi m ity with
eac h othe r.
Respo nd ent WRS suspended from the practice for six
(6) months with warning.

IIARRIENTOS V8 . DAAROL
Ad m. Case 151 2, January 29, 1993

AND P RIVJLEGES OF A L!\WYEIt

97

deliver the child in Manila a n d t ha t responden t would

ma rry he r. In Manila , respond ent confessed to th e com plainant that he could no t marry her because he is a lread y ma rried to someone else. However, he assured her
that he would support her fin ancially a nd that he would
work for h is annulmen t, as he has be en estranged to his
wife for 16 years. Few weeks after givi ng bi rth to the ir
chi ld, comp lai na nt exerted much effort to contact him
but to no avail. Hen ce, this a d mi nistrative complaint.

Issue:
Whether the respondent resorted to a cts of decei t
and immoral te ndencies to sa t isfy hi s se xual desires a nd
whethe r this would warrant h is di sbarment.

Held :
Fa cts:
Compl ainant Victoria Ba rri entos filed a com plai n t
for di sbarment against Atty. Daarol on grounds of deceit
a nd grossly immora l cond uct .
Barrientos is single a nd wa s twe nty years old when

she had the relationship with the respondent who was

then forty-one years old . Respondent wall known by the
Barrientos fa mily for Quite some time. Respondent would
felch her a t the family's residence in the morning and
would take her horne a fte r eac h day's activities. After a
week of courtship, com pla inant accepted res ponde nt's love.
One eveni ng, they a ttended a AOCiaI functio n with her
pa rent's consent. La ter, t hey len the place but in stead of
going home, they we nt to th e a irport at Dipolog City and
pa rked the jeep a t the beach where there were no houses
aro und. After convinci ng the compla inan t that he would
ma rry her in a m on th's t ime, and compla inan t , believing
in good faith tha t he was still single and is true to his
promises, succu mb to the sex ua l advances of responde n t
a nd consu m mated the carnal lu st. Their sex u a l tryst re
peated twice or thrice u week u n til complainant got pre gna nt. Respondent s uggoe te d a n abort ion but compla inant would not agree. Th avoid scandal, t hey agreed to

Good moral character is a condi ti on wh ich precedes

a dm ission to the bar and is not d is pe nsed with upon t he
ad m issio n th ereto . It is a cont in uing qu alification which
a ll lawyers mu st possess, ot herwise , 8 la wyer may either
be s us pended. or di sbarred.
The Court believed tha t re spondent resorted to d eceit in the sa tisfaction of hi s sexual de sires a t the expe nse
of the oom pla inant. It finds responden t's moral sense a s
"seeing nothing wron g in their rel ationshi p desp ite marriage a nd having suggested a bortion," 8S se rious ly impaired.
Respondent's acts of dec ei t a nd im moral tendenci es
ha s de monstrated hi s moral d elinquency. Hence, his remova l for conduct unbecoming n member of the bar on
gro u nds of deceit a nd grossly i mmoral conduct is in order.

IIALAOING V9 . CALDE HON

A.M . No . IlTJ-90- 5 8 0, 2 7 Ap ril 1993

Facts:
Prior to th e ad minis tra tive case filed against responden t -Iudgc Ca lderon, com plai na nt Atty. Bela oing was se-

.8

u:GAI. PROFESSION

:llITIES AND PRIVILEGES

or A LAI'tYE R

'"

verely censured in a Resolution of t he Cou rt en banc, for

ha vin g instituted a patently u nfounded and frivolous administ rati ve acti on against th e different j udges of'Oloogapo
City and Zam bales . An d t hat h is commission of the sa me
or sim ila r misconduct will be dealt more severely.

s hown complainant's un fit ness to ho ld the license to

practice la w. Balaoing has u t terly fa iled to li ve up to the
duties and responsibilities of a member of t h e legal pro fess ion . Ilis d isba rm ent is in order.

Notwithstandin g t he cen s ure an d s uspe nsion , A tty.

Balaoing fil ed a serie s of administrative com plai n ts

F ERNANDEZ vs, GRECIA

Adm. Case No. 3694, 17 Jun e 1993

agai ns t a number of judges in Olongapo City and

Zamba les, charging t hem with grave misconduct for thei r
alleged fail u re a nd refusal to issu e correspon ding wri t of
execution prayed for by t he complainant, grave a buse of
authority and ma licious de lay in t he a dmi nist ra tion of
justice, wh ich were all dismissed for lack of merit.

Issue :
Whether Atty. Balaoing violated Cano n II afthe Code
of Professional Responsibili ty t hat a lawyer shall observe
and maintain the respect due to t he court an d to t he judicia l officer a nd sho uld in sist on similar cond uct by ot hers.
Held:
The Court fin ds t hat t he complainant Balaoing ha s
a pench a nt for filing admin is t ra tive charges agai nst
judges in wh ose sala h e has pending cases , whenever the
lat ter rende r decis ion or issue orders a dverse to him or
to h is clients. While it is true that la wyers owe enti re
de votio n to the interest of the client , warm zeal in t he
mainte n ance and de fen se of h is rights a nd the exertion
of h is utmost learning and a bility. No fear of judicial
disfavor or pu blic unpop ula ri t y should restra in h im from
the full disch arge of hi s du ty.
Ba laoin g's wanton disregard of t he stem warning
not to again lite ba seless a nd frivo lous complai nts wh ich
only clog t he a lrea dy full dockets of the Cou rt in stead of
serve t he ends of justice, a nd his adamant re fusa l to
a bide t he Code of Professional Responsi bility wh ich se rves
to regulate a la wyer 's cond uct in thi s jurisdiction, h a ve

Fuets:
Co m p lainan ts Drs . Albert o F ernandez , Isab el o
C ngt.engco and Achilles Bartolome and the St. Luk e's
Medi cal Center, filed a dis barment procee d ing 81ainst
responde n t Atty. Grecia for d ishonesty and grave mi scon d uct in connection with t he th eft of some pages from
a medical chart wh ich was m a te rial evidence in a dam.
age s ui t filed by hi s clien ts agai n st the com plainants.
Disb arment is noth in g new to the respondent. He
was al ready d isbarred for h is im mo ral comp licit y or
u n ho ly alliance with a judge in Que zon City to ri p oIT
banks a n d Ch inese bus iness finns which had t he misfort u ne to be s ued in t h e latter 's cou rt. T hree years later,
the cou rt, heeding hi s pleas for com passion and his promise to mend h is ways , rein s tated h im in the profession .
Eight mo n ths late r, he was back before t he court facin g
a nother charge of dishonest y and unethica l practice .
Re s pondent acts a s counsel for Ally. Damaeo Aves,
et al. case vs. St. Luke's Med ical Center 's Drs. Fernandez ,
Ongtengco a nd Bartolome , blaming the latte r for th e
demise of Atty. Aves' wife , who was d iagnosed, treated
a n d died in t he said hospital. In the court proceedings
against St. Luke's Medical Center, the me d ica l records of
t he wife were submitted by St. Luke's . It is from thes e
records t h at t he res pon den t t ried to cove r some medical
facts by tearing two impo rtant pa ges from th e wife's
medica l chart.
Is s u e :
Did responden t's action consti tute a violation of th e
ca n ons of t he profession?

U ':GAL J'Rm '.:SSION

100

Held :
The court is convi nced t ha t in stealing pag es and passing it on to his driver, responde n t ha s viola ted Rule 1.01,
Canon 1 of'the Rules of'Profeesional Reeponsibll ity 8 8 well
as Ca non 7, which provides that "A lawyer she ll at all
times uphold th e in tegrity a nd di gnity of lega l profession
and su pport the activitie s of the Inte gr a te d Bar."

By descend in g to the le vel of a common thief, responde nt Grecia has dem ean ed an d disgraced th e lega l
profession. He ha s demon strated his moral un fitness to
continue a s a member of the honorable fraternity of lawyers. He ha s forfeited hi s me m bersh ip in the BaT.
The court fin ds Atty. Benjam in Grecia guilty of grave
miscond uct . dish onesty, a nd grossly unethical behavior
as a lawyer. Conside ri ng t hat this is a lready his second
offense a gainst the canons of the profession, th e court
impo se the supre me pena lty of disbar men t.

Chapter IX
THE INTEGRATED BAR OF THE PHILIPPINES

1.

Co n c e p t

Inte gration of the bar mean s the offici al unifi cation of a ll

the la wyer s in the Philippines. This requires membership and
financi a l s upport (in reasona ble amount) of e very a ttorney a s
conditions si ne qua non to the practice of law a nd to the retention of his n ame in the Roll of Attorneys of th e Supreme
Court. The te nn "Bar- refers to the collectivi ty of a ll persons
whose names app(!ur in the Roll of Attorneys . An Inte gra te d
Bar (or Uni fied Bar) perforce must incl ude a ll la wyers. Com plete unifica tion is not possible un less it is de cree d by an
e ntity with powe r to do so - The State. Ba r in tegration ,
there fore , s ign ifies the setting up by gove rnmen t a uthority of
a nationa l org a nization of the lega l profession ba sed on the
recognition of the la wyer a s a n officer of the court. Designed
to improve the position of the bar a s a n instrumen tali ty of
justice a nd the rule of law, inte gration fos ters coh esion among
la wyers a nd ensu res, th rough their own organized act ion and
participation, the promotion of the objectives of the legal profession pursuant to the principle of ma ximum ba r a utonomy
with minimum supervision a nd regulation by the S upreme
Cou rt;'
2.

Purpo se of In te gra tion

The purposes of the Integr a ted Ba r, in general are:

1)

Assist in the admini stration of justi ce;

IJn re 111t.eg ra ti oll of t he Bar, 49 SCRA 25 ,

\01

THE INTEGRATED BAR OF THE PIIILlPl'lNES

LEGAl. PROn:SS JON

102

2)

Foste r a nd maintain on the part of its members

h igh ideals of in te grity, learning, p rofessional competence, public se rvice and cond uct;

3)

Safeguard t he professional interes ts of its members;

4)

Cu ltivate among its mem ber s a spirit of cordiality

a nd brotherhood;

5)

Provide a foru m fer the d iscussion of Jaw, jurisprudence, law reform , plead ing, pract ice a nd procedure ,
and the relations of the Dar to the Bench and to the
public, a nd publish information rela tin g thereto;

6)

Enco urage and foste r legal educa tion;

7)

Promote a con ti nuing program of legal research in

substantive and a dj ective la w, a nd ma ke reports
a nd recommenda tions thereon; a nd

8)

Enable the Bar to disch arge its pub lic res ponsibility effectively.

7)

Establish welfare funds for families of di sabled a nd

deceased la wye rs :

8)

Provide placement services, a nd establish legal ai d

offices and set up la wyer r eference services throughout the country so that the poor will not lack competent legal service;

9)

Dist ribute ed uca tional an d in fonna tion al material s

that are difficul t to obtain in ma ny of o ur provinces ;

10)

Devi se a nd mai ntain a program of contin uing legal

ed uca tion for practicing attorneys in order to elevate the sta ndards of t he profe ssion throughout
the country;

11 )

Enforce ri gid ethical standards, a nd promulgate

minimum fees schedu les;

12)

Create law centers and es tablis h la w libraries for

legal research ;

13)

Cond uct ca mpa igns to educate the people on t he ir

legal rights a nd obliga tions, on the importance of
preventive lega l advice, and on the functi ons and
duties of the Filipino lawyer; a nd

14 )

Gene rate and ma intain perva si ve a n d mea ningful

count ry-wide involvement of th e law ye r population
in the solution of the multifarious probl ems that
afflict the na tion.

Integration of the Ba r will, among other things, makes it

possible for the legal profession to :
1)

Rend er more effective assistance in main taining the

Rule of Law;

2)

Protect la wyers a nd lit iga nts against the abuses of

tyrannica l judges a nd prosecuting officer s ;

3)

Discharge, fully a nd properly, its responsibility in

the disciplining a nd/o r removal of incompetent and
unworthy judges a nd prosecuti ng officers;

4)

S hield the judiciary, which trad it ionally can not defend itse lf exce pt within its own foru m, from the
assaults that politics and self-interest may level at
it, a nd assist it to maintain its integrity, impa rtiality and indepen den ce;
,

5)

Ha ve a n effective voice in the selectio n of j udg es

a nd prosecuting officers;

6)

Pr even t. the un a uthori zed practi ce of law, a nd break

u p any mon opoly of loca l practi ce maintai ned
t hrough influence or position;

3.

103

Power to Integrate the Bar

The Constitution vests upon the Su preme Court the power

to in te grate th e Philippi ne bar , Art, VIII , Sec. 5(5), gives the

Supreme Court the power to "prom ulga te rules concern ing
. . . pJeadings ,2 pra ctice a nd proced ure in a ll courts, the admission to the pract ice of la w, the in tegra ted bar , . ," S uch
power is a n in herent part of the court's constitutional authority over the ba r. In providin g t hat "the S upreme Court may
adopt rul es of cou rt to effect the integrati on of the Philippine
bar," Republic Act No, 6397 neither confers a ne w power nor
'lIn re In te gra t io n

or the

Bar, p. 27.

."

10'

LEGAL PROFESSION

THE INTECRATfm HAl< or THE I'HILIPPII\'ES

rest ricts the Cou rt's inh erent power, but is a mere legislative
decla ration tha t the integration of the bar will promote public
interest or, more s pecifically, will r aise th e standard s of the
legal profes sion, im prove th e adminis tra tion of j ust ice. and
ena ble th e Bar to discha rge its public respons ibility more effe cti vely.

Integr ation does not make a lawyer a membe r of a ny

group of wh ich he is not already 8 member. He became a
member of the bar when he passed the Bar examinations. All
that integration actua lly does is to provide a n official n ational
or ganization for the we ll- defi ned b ut unorganized and
incohesive group of which every la wyer is a lready a member.

4.

Constitutionality of the move to integrate the bar

M to the issu e whet her th e unifi cation of th e bar would

be constit utiona l vis a-vis the lawyer 's oonsti tutional right to

associa tion , fre edom of speech , and on the nature of th e dues

exacted from him , th e Su preme Court held the following:
Courts ha ve inh erent power to supe rvise an d regulate
the practice or law.
The practice of la w is not a vested right but 8 privilege;
a privilege, moreover, cloth ed with public interest, because a
lawyer owes d uties not only to his client, but also to his brethren in t he profession, to th e courts a nd to th e nation and
ta kes part in one of the most important functions of th e Sta te,
th e ad minis t ra tion of justice, as an officer of th e cou rt,
Because the practice of law is a privilege clothed with
public inte re st, it is fair and just that th e exercise of that
privil ege be regulated to assure compliance with the lawyer's
public responsibilities.
These public responsib iliti es can beet be discharged
through collective action; but th ere can be no collective actio n
without a n organ ized body; no organized body can opera te
effectively without incurring expenses; therefore , it is fair and
just tha t all attorneys be required to contri bute to th e support
of such organized body; a nd given existing bar conditions, th e
most efficient means of doing 80 is by inte grating th e bar
th rough a rule of court tha t requires all lawyers to pay ann ual
dues to t he In tegrated Bar.
a.

Freedom of Association

Th compe l a la wyer to be a member of an Integrated Bar

is not viola t ive of his consti tutiona l freedom to associate (or
corollary ri gh t not to associate).

Bar integration does not compe l the la wyer to associate

with a nyone. He is free to a ttend or not to attend the meetings of his Integr ated Bar Chapter or vote or refuse to vote i n
its elections as he chooses . Th e very compu lsion to which he
is su bjected is the paym ent of a nn ua l dues.
Otherwise stated, membership in the Unified Bar imposes only the duty to pay du es in reasonable a mou nt. The
issue, th erefore, is a qu estion of compe lled fin ancial su pport of
group activities , not involuntary membership in a ny other
as pect.
The greater part of th e Un ified Bar activities serves the
fun ction of elevat ing th e educationa l a nd et hical standards of
th e bar to th e end of improving th e qu ality of the legal service
avail able to the people. Th e Supreme Court, in orde r to furth er th e Sta te's legitimate inte rest in evaluating t he qu ality
of professional services, may require that the cost of improving th e profession in thi s fash ion he sha red by the subjects
and beneficiaries of the regula tory program - the lawyers.
Assuming that ba r integration does compel a lawyer to
be a member of the In te gr ated Bar, such compulsion is j ustltied aa an exercise of the police power of the Stale. The legal
profession has long bee n regarded as a prope r su bject of leg.
tslative regulation a nd control. Moreover, the inhe re nt power
of t he Sup reme Court to regulate th e Bar includes the aut ho rity to integra te the Bar.
b.

Regulatory Fee

For th e Court to prescribe du es to be paid by the mem bers does not mean th a t t he Court levies a tax.
A membership fee in the Integrated Bar is an exaction
for regulation, while t he pu rpose of a tax is reve nu e. If t he

LEGAL

106

PRO FF~<;.gl aN

Court has inherent po we r to regula te th e Bar, it follows th at

a s an incident to regulation, it may impose 8 me mbers hip fee
for that pUrpORC . It would not be possible to pu sh through an
Inte gra te d Bar program without me ans to defray the concomitant e xpenses. The d octrine of implied powers necessarily
includes the power to impose such a n exaction .

The onl y limitation upon the State's power to regulate

the Bar is that the regulation does not impose an un constitutional burden. The public interest promoted by the integration of th e Ba r far outweighs the inconsequential in convenience to a member th at mi ght result from his required payment of an nual dues.

c.

Freedom o f S peech

A la wyer is free, 8S he ha s always been, to voice his

views on a ny su bject in any manner he wishes, even though
such views be opposed to positions taken by the Unified Bar.
For the In te gra ted Bar to use a member's d ues to promote measu res to whi ch said member is opposed would not
nu llify or adversely a ffect his freedom of speech.
Si nce a State may constitutiona lly condition t he right to
practice la w upon membership in t he Integra ted Bar, it is
difficult to u nders tand why it should become unconstitutional
for the Ba r to use the member's du es to fulfill the very pu rposes for which it was established .
Th e objection would make every governme ntal exa ction
the materia l of "free s peech" issu e. Even the income tax would
be sus pect. The objection would carry us to le ngths tha t have
never been dreamed of. The conscie ntious objector, if his liberties were to he thus extended, mig ht refuse to contribute
taxes in furth erance of war or of a ny other end condemned by
his conscience a s irreligi ous or immoral. The right of pri vate
judgment has never yet been exalted above the powers and
the compu lsion of the agencie s of the government.
d.

Fair to All Lawyer-s

Bar integration is not unfair to lawyers already practicing

because a lthou gh the requirement to pay a n n ua l d ues is a

TIlE INTEGRATEIl BAR 010' THE PH IUPPINES

107

new regula tion, it will give the members of the Bnr a new
syste m which they hitherto have not had and through wh ich,
by p roper work , they will receive benefit s Ih...y have not heretofo re e njoyed, and discha rge t he ir public responsibiliti es in a
m ore e ffect ive manner than they hav e been ab le to do i n the
pa st . Beca use the requirement to pay du e s is a va lid exercise
or a regulatory power by the Court, because it will ap ply equally
to a ll la wyers, young a nd old , at the time Ba r integratio n
take s effect, and becau se it is a new regulation in exchange
for new benefits , it is not retroactive , it is not unequal, it is
not unfair.

5.

M embe rship in the IUP

All la wyers whose names were in t he Roll of Attorneys of

the Supreme Court on 16 J anua ry, 1973 and a ll those whose
n am e s were included or a re entered the rein a fte r sa id date,
are automatically and without exception members of t he In tegrated Bar. Every member who ha s paid all membership
d ues a nd a ll au thori zed s pecia l a sse ssments , plus surcharges
owi ng the reon a nd who is not under suspension from the
practice of law or from membership privileges, is a member in
good standing.

6.

Organization

The officers of the Integrated Bar arc compose d of both

national a nd local officia ls . The national officers are composed
of a President, Executive VicePresident and nine Governors
and who shall comprise the Board of Governors , a Secretary
and a Treasurer.
The President of the In tegrated Bar is the Chief Executive of the Organi zation . lie sha ll hold office for a term of two
years and until his successor shall ha ve been du ly cho sen and
qu alified. Next to him iR the Executive Vice-President who
as sumes his office in his ab sence or ina bil ity. He sha ll like wise pe rform tasks as ma y be assig ned to hi m by the Presi de nt.
The Boa rd of Gove rnors is com posed of nin e Governors
from the nin e region s, on the repre sentation basis of one gov-

I,

108

LEG.U PROFESSIOK

e mu r for each region . The Board of Govern ors takes charge of

the affairs an d activities of the Integrated Bar.
There ~8 also the so-called House Delegates which is the
deliber ative body of the In te gr a ted Bar. It is composed of not
more tha n one h undred and t wen ty members apportioned
among a ll the chapters by t he Board of Governors according
to the number of th eir respective members, but each chapter
s hall ha ve at least one delega te.
There shall also be a Chapter Government comprising of
a ll members registered in its membership rolls. The Cha pter
Governm ent is vested in a Boa rd of Officers composed of a
President, a Vice-Presi den t, a Secretary, a Treasurer a nd five
Directors , who shall be elected at the biennial meeti ng a nd
s hall hold office for a te rm of two years until their successors
s hall have been duly chosen and qualifi ed.
7.

Administrative Supervision of the Supreme Court

ov er the President of the Integrated Bar of the
Philippines

It must be noted that the Supreme Court has the administrative supervision over the In tegrated Bar of the Philippines including its officers from the Pre sident, the Boa rd of
Governo rs, etc.3
'"

Chapter X
DISCIPLINARY PROCEEDINGS

Th e Supreme Court is expressly vested with the power

to suspend and/or disbar a lawyer.1 Even in the absence of
such constitutional grant of power, it is quite clear and logical
th a t it is possessed with such power because it has th e au thority to admit persons to the pr actice of law. Other lower
courts, like t he Court of Appeals and the Re gional Tria l Courts
may suspend but not disbar la wyers from practicing their
pro fession a nd any suspension decreed by these courts may be
revoked, extended or modified by the Supreme Court.
Disbarmen t is th e act of the court in wit hdrawing from
a n a ttorney the right to practice la w,2 It is a n administrative
proceedings instituted to re voked the license of the lawyer to
practice his profession by reason of misconduct, Suspension
on th e other h and, is th e act of the court pro hibiting an a ttorney from pra cticing law for a certain period , Further, it is
intended to protect the court and t he public from th e misconduct of officers of the court and to protect the administration
of j us tice by requiring th a t those who exercise this imp ortant
function shall be competent, hono rable and re liable men
in who m courts and clients may repose cenfidence.s It is
sometimes re ferre d to as qualified disbarme nt because th e
la wyer is temporarily deprived of his right to practice his profession.

IArt. VIII, Bee. 5, Constitu tion.

JBllIe"'. Law Dictionary, p. 371 .
' Pa ra s VI . V. ilocel, 1 SeRA 954 .

'Vi llaruel, ~t 01. f t . Atty. J oae G ra pilon and the IBP Board or Governors, AC No. 4826, 27 Jan. 1999 .

109

m SCIPI ,INARY P!WCEED INGS

T.EGAL PROFERSION

110

T he t wo primary objects of di sb arment a nd suspension

a re:
1)

Th compe l the a t torney to deal fairly a nd honestly

wi t h his clients;

2)

Th rem ove from the profession a person wh ose mi sconduct has proved him unfit to be entruste d with
the duties and re sponsibilities belongin g to the office of nn at to rn ey.

The following are th e comm on grounds for suspension or

disbarment :
1.

Deceit;

2.

m alpractice or other gross mi sconduct in office;

3.

grossly immoral conduct;

4.

conviction of a crim e involvin g moral turpitude;

5.

violation of oath of office;

6.

willful disobedience of any lawful order of a ny superior court; or

7.

corrupt or willfu l appearance as an attorney for a

party to a case without authority to do 8 0 .

In a recent case , it wa s held that acquittal in a crimina l

case is not a bar to disciplinary proceedings aga inst a member
of the bar.4 Likewise, pa rdon by the offended party will not
a utoma t ically resu lt in the dismissa l of the d isbarment case
aga ins t the respo nden t.s
AB a rul e, respondent in disbarment or sus pension proceedings e njoys the lega l presumption that tie is innocent of the
cha rges until the cont rary is proved, and as a n officer of the
court, he has performed his dutie s in accordance with his oath.
Thus. in every ca se, the burde n of proof lies with the compla inant to show that the re spondent is guilty of th e acts cha rgedf
4Ga tc ha lia n Promoti o ns va. Atty. Naldcee, AC 4017, 29 Se pt. 19 99, 113
SCAD 184.
6Cord OV B VB. Cordova , AC 32 49, 29 Nov. 1989.
6Atie n~ ve. Evangeli sta, 80 SC RA 338 .

HI

Following the prin ciples of fair play, a ny r es pondent-lawyer is gi ven a fair chance to defen d hi mself from accusatio ns.
Not all accusations are true. So it is likewise mandated that,
no atto rn ey shall be re moved or sus pe nded from the practi ce
of his profession , unt il he has ha d full opport uni ty upon r easonable notice to a nswe r the cha rges a gains t him, to prod uce
witnes ses in his own beh al f, a nd to be hea rd by h imself or
counsel. But if upon re a sonabl e notice he fai ls to appea r and
a nswer the a ccusation , t he court may proceed to determine
the ma tter ex pa rte,7
The notice to a n a ttorn ey to appea r a nd sho w cause why
he should not be punis he d for contem pt, can not be con sidered
a s a notice to show cause why he sh ould not be suspend ed
from practice. A lawye r has the right, after d ue notice, to be
heard. a nd defend himself in suspensi on proc eedings .tl

In disbarment proceedings , defendant should be allowed

a reasona ble tim e to m ake his defense. In ordinary t rials, th e
inability to procu re witnesses lifte r th e exercis e of du e dili gen ce, is ground for postponem ent, a nd s uch cases a re of no
gre ater im portance th a n adisba rment proceeding to a n attorney.
A citi zen ha s sufficient interest to institute a proceedi ng
and bring the unprofe ssional cond uct of an a ttorney to th e
a ttention of the proper a uthori ties. Carelessne ss and neglect
of professi onal du ty, and fraud and misconduct towards his
clients , a re grounds for sus pension of a member of the bar,
However, d isciplinary proceedings again st m embers of
the bar must be grou nded on violation of their oath or the
ca nons of the profession a nd not for merely losing a case . It
would place an in tolerabl e burden on a member of the bar if,
just because a client fa ile d to obtain wh at is sou ght by her
after d ue exertion of the requi red effort on his pa rt, he would
be held accoun table. S uccess in litigation is ce rtainly not the
test of whether or not a lawy er had lived. up to h is duties to
a clien t.

"Rule 138, See. 30. Rul es of Court.

IT Cce ncc , 4 1 P hil. 32 .

"In

112

LEGAL PROFESSION

Time and again, it has been finely held that, a member

of the bar cannot be su bjected to the peril of disbarment simply because of decision a dverse to his client. The serio us conseq uence of disbarment or sus pens ion should follow only where
the re is a clear preponderance of evidence showing th e basis
thereof. It would be to place a n in tolerabl e burden on a mem ber of the ba r if j ust because a client fail ed to obtai n wha t is
BOught by her afte r due exertion of the required effort on his
pa rt, he would be held accountable. Success in litigation is
certainly not the lest of whet her or not a lawye r had Jived up
to his duties to a client. It is enou gh that with the thorough
pre paration of the case ha ndled by him he had taken all the
steps to prosecute his s uit.
Discip linary proceed ings against lawyers shall be private and confidential in nature except th at the fina l order of
the court shall be made public as in ot her cases coming before
t he court.
The disbarment of an attorney is not necessarily a pe rman ent disability. He m ay afterwards be reinstated on proper
a pplication or on petition for that purpose, addressed to the
Court, us ually by a motion or petitio n showing that he has
reformed himself. Wh ether or not the a pplicant shall be reinstated rests to a great exte nt on the sound discretion of the
Court .
The Su preme Court may rei nstate a n attorney at law
who ha s been d isba rred for rea son s a nd upon assurances
satisfactory to the court. To reinstate a disbarred attorney
means to reinvest him wit h t he right to pra ct ice law. It is
however, not a surrender of the court's power to disci pline
such attorney on becoming false to his duties. It is not a
revocation of the order of disbarment, nor does it relate back
in point of time to the disba rm ent.
A pe rson wh o ha s been reinsta ted to t he practice of law
has the sa me ri ghts a n d privileges, and is subj ect to the same
obligatio ns a nd liabilities as a person duly admitted to the ba r.

Chapter XI
CHOICES OF A NEW LAWYER

A new lawye r fres h fro m h urdling th e ba r examination

has varied choices in em ba rking in the pract ice of la w, among
which are the followin g:
a)

Solo priva te practice;

b)

J oining a la w fi nn as an associate/assistant;

c)

Fonning a Law Pa rtnershi p;

d)

J oining the corporate law department; or

e)

Govern ment emp loyment.

An a ttorney, who decid ed to engage in the t ria l pra cti ce

or a dvocacy is imme diately confro nted with a probl em of
wh ether to pract ice a lone or with others or jus t pursue a
govern me nt em ployment. The decision is to a great extent
ve ry persona l to the la wyer concerned and would depend on
his real goa l, skills a nd character, a lthoug h his decision m ight
some how be infl uen ced by a lot of professional , social and
economic factors. Before a young la wyer should make a decision, he should serious ly sc rutinize the advantages and d isadvantages of his proba ble cho ices .

a)

Solo private pra ctice

Unless he has an adequate exposure in the field of t ri al

practice either as a legal assistant in a la w finn or a court
emp loyee, a new lawyer often faces d ifficulty in going into solo
practice. With a very limi te d clientele a nd unstable incom e to
rely on during the initial yea rs of h is practice, a solo practi tione r who pract ica lly starts with nothing will be unable to
113

11'

CHOICF-S or A Nt: "" LAWYER

LE GAL PROFKSSIQN

me et the high cost of necessary expe nses like re ntals, su pplies, eq uipments, a nd other overhead expe nses.

look down u pon young lawye rs before t heir sal a .

Ord inarily, a perso n will refra in from entrusting hi s
case, specially if the s ame involves his own life and
liberty or th a t of his fa mily or of his wealth to a
new lawyer. He will most definitel y look for the
expe rienced a nd teste d . Th is m ay also some ti mes
holds t ru e with the j udge. H e will be likely he persuaded by a la wyer who ha d been in the profess ion
for quite someti me s ince the latter ha s more experi en ce.

Adva n ta ges 1)

2)

3)

Ind epend ence of acti on - A n ew lawyer ca n a ct in depen dently a s he e njoys the privilege of being his
own boss a nd is not accountable to a nyone except
himself a nd hi s client. There is no one t o restrain
him from adopting a certain course of action, which
he believes is appropriate under the circum stances .

R ushed to experience - By force of circumstances,

he is most likely to become a seasone d pra ct itioner
in a short spa n of time. Having no one to r ely on for
guidance or assista nce, he has to exhaust much effort
to insure the correctness and completeness of hi s
assign ments.
Projecting own im age - A 8010 pra ctitioner build!'
his own name all to himself without reference to or
connecti on with a ny oth er more senior la wyers.

b)

~)

3)

Lack of exper ience - Inexperience may cost a new

lawyer costl y mi stakes . Wh en a new law yer is
practi cin g a lone, he is more often not equipped with
the expe rience that makes one a sharp, quick-witted
a nd confident la wyer. Being new in the profession,
he will a lways be nagged by doubts in hi s actions.
The principl es a nd th eori es he learned in the a cademe may pe rhaps give him the idea and courage
but definitel y not the confide nce.
Lack of facilities - Un less a new la wyer or his
family is well-off, he cannot afford all the tools of
the tra de like ha ving a notable office s pace, with
adequa te eq ui pme nts , su pplies and personnel. This
usuall y frust rates him from a ttrac ti ng good paying
clien ts .
Lack of Confidence - Clients usuall y lack confiden ce with a new lawyer while Borne judges may

Joining as a n associete/asa ietant in a law firm

The a dv antages/disa dvantages a young lawyer will get

in j oining a la w finn wi ll depe nd on the size of the law finn
he is joining.
Advantages 1)

Gen erally, compared to solo practice, an a ssistant

or a ssociate rece ives proper advice a nd counsel from
more senior la wyers . All h is contemplated actions
a re seriously scruti nized by mo re senior la wye rs,
which save the young la wyer from emba rrassme nt.

2)

In view of the numerou s a nd often t imes identical

cases the law office is handling, a young lawyer
pre paring a pleadi.ng can pick u p the plead ings in
an old case and pattern his own pleadin g after the
said ca se, th us saving him t ime a nd effort .

3)

Fin ally, as he never runs ou t of cases, he is constantly exposed to actua l court practice, opportu ni ties of facing reputable la wyers and learning from
th e m, so much so that within a short lime he a cqu ires the t raits of a seasone d la wyer. Thi s is particul arly tru e in small to medium size d law firms .

Disadv antages 1)

U5

Disad vantages I)

An associate is red uced to t he s ta tu s of mere e mployee susceptible of bei ng exploited by more se nior
lawyers .

LEGAL PRm'F SSION'

"'
2)

In bigger law offices, young lawyers a re t ied up to

a single or particular task like docume ntation or
preparation of pleadings, research a nd arc not u s u a lly assigned to litigation . Som etimes , they ma y be

gtven assign me nts to attend court hea ri ngs only for

purposes of arraignment, postponem ent and other
unimportant appearances ,
3)

An as sociate/assi stant u sually does not possess in-

dependent j udgment or freedom of action because

he must, by na t ure of his relatio nship with the finn ,
always consult a nd seek the approval of th e partners.
4)

Young la wye rs coul d hardly establish names for

themse lves as they sign pleadings for a senior la wyer where one is associated.

5)

Losing cases or losing incide nts in t he litigation arc

usually assigned to young lawyers who are almost
sure to suffer defea t .

c)

Putting up a law p artnership

It is not advisab le for a young lawyer to put a law partnership although this may offer better opportunities. This is
usually done by classmates or by friends- lawyers who are welloff or financially ca pable to mai ntain a law office.

d)

Joining a corpora te law department

Joining a corporate la w department offers more pecuniary benefit than other options. Aside from an offer of a highe r
salary, corporations like wise give generous benefits or other
compensation packages not usually given by private low firms.
Th is may sometimes create a dilemma for a la wyer to lea ve a
corporate job and go into a private Ia..... practice for fear of
losing higher-paying jobs .
There are oth er companies .....ho allow their la wyers to
engage in priv ate practice during off-hours whil e others do
not. The de mands of their jobs and lack of clientele, howev er,
may discourage th em to e ngage in private practice eve n if
permitted.

CHOICES OF A NEW LAWVER

e)

111

Government e mploymen t

J oining the government for a new la wye r, like a ll other

choices ha ve its own ad vanta ges a nd disa d vantages. Ai'> stated
in the pre vious chapter, lawye rs in the government enjoy the
first grade civil service eligibility. It is a lso a step for career
advancement, especially those who were already in the service before taking the bar. In fact, maj ori ty of those who were
al ready in the serv ice before taking law, have decided to take
up th e course in order to be e nt itled to higher positio ns a nd
salaries .
One d isa dva ntage of being in the government service is
th e relat ively low compensation package it offers compared to
sa laries a nd perks given by big companies.

GETI'ING

STAHT}O~O

119

pri ce before. They a re the products of va st exp eri e nce, sac rifice, ha rd work. persevera nce, pati en ce a nd de dication.

Chapter XII
GETTING STARTED

Fresh from hi s great moments when he pa ssed th e bar

a nd probably still sa voring the splendor of hurdli ng the rough est examination s in t h e la n d , a you n g lawyer will event ually
be confronted with t h e sa d re aliti es of getting started.
With the exception of those who h ave la wyer parents ,
u ncles, a un ts, or other close relatives who have an established
pract icing ca reer, a yo ung la wye r will 800n rea lize th at starting a la w career as a practit ioner is never easy. He may either
practi ce solo, or join a la w firm , but whatever way he shall
start, his new world will seem to be host ile to him. As a solo
pract itioner, he may ha ve his own la w office but may not have
the clients, to a ss ure of a deq uate incom e to sus tain his need s .
A good payi ng client would expectantly not entrust the handUng of a com plicated ca se to a n attorney wa nting in exist ence.

Upon the ot her ha nd , if the new la wye r teams up with

a partnership fi rm, he may be given a bulk of cases wit h a
mea sly income not sufficient even for his nee ds . Law finn s
would usuall y jus ti fy thi s by a rguing that t he meager compensatio n package t hey give to their young a ssociate is a n
offsetting fa ctor as rega rds the mistakes the la tte r is expected
to commit which may be detri men tal to the reputation of the
lew finn .
Truly, the initial years of la w pra ct ice may prove to be a n
un reliable ca reer in te rm s of compensation . But this shou ld
not I~ the rea son for loosing the morale of a new lawye r. He
must alway s remember that lawyers are ma de and not born .
This mean s that good a nd successful la wyers have paid t heir
11K

While investing his time and efforts to build u p hi '! own

name and rep utat ion in the legal profession. 0 you ng lawyer
may engage himself in some viabl e side line s which mayor
may not be related to his la w career like leachi ng in the
academe or writing a rticles deali ng with la w. A lawyer may
also enga ge in more lucra tive sideli nes lik e being a n insuran ce agent/broker, real estate agent/broker, e tc. In this rega rd, while ga ining enough experience and e xposure in the
area of practice, a young lawyer will be a ble to augment his
finan cial needs . Moreover, these sidelines may, in one way <>r
a nothe r, help hi m in his la wyering career, like when he is
teaching la w or writing legal a rticles, he will s ure ly keep himsel f upd ated with the current la ws a nd/or j u ri sprudence re lated t herewith. Teachi ng a nd legal writi ng a lso improves one's
command of the English la nguage and fa cili ty of expression.
Lastly, it wi ll a lso give him a n opportunity to a ttract clients
in need of legal se rvices.
Although , he ha s to exte nd his working ti me in attending to his si deline or part-time job, a nd in e ffect putting aside
some of his ti me for socia l, recreation , fa mily, a young la wyer
sho uld rea lize the beneficia l effects it can give, both tangible
an d intangible, present .end future .
It must be em phasized however that t he Code of Profeseional Res ponsibility mand ates that when engaging in some
activity conc urrently of his profession, the lawyer must see to
it that his client if! aware of what ca pacity he is dea ling wit-h.I
1.

Qualiti es a you ng la wyer n eeds

1)

1ble ran c e for Pressure/Stress Man a g ement

Since la wye ring is a very stressful career, as the former

is bei ng paid to s houlder the bu rden of a nother, stress is
co ncededly inhe re nt in la wyeri ng.

IRule 15 .08, Ced e of Profe""ionlll lW"pon "ibility.

leo

i!~

I.EGAL PROFESSION

120

The day-to-day activities of a practicing lawyer con si st of

court a ppeara nces, preparation of pleadings, meetings with
clients, drafting of contracts, demand lette rs , opinion s, etc.
which a re more often than not covered by deadlines. Som eti mes, travel activities, socia l commitme nts and fami ly pressures or problems add up to the burden of a lawyer.

Since stre ss is a fact inh erent in the life of a lawyer, one

must be a ble to dea l with it manageably. The followin g are
some helpful tips on how to manage stress :
a)

Time Management

By pla nning ahead a nd managing his time, a la wyer ca n avoid stress. Avoid meeting deadlines a nd s chedul e your activities one a t 8 time by knowing your priori ties a nd alternative courses of action.
b)

Always be ca lm and pa tient

A lawyer must a t a ll times try keep his cool even at

the most unlikely situation. Remember that a little degree of patience could a void unnecessary stress.
c)

1Ty to consult others op inions

It is always advi sable for a lawye r to seek other

lawyer 's opinion on a certain issue which faces him. Even
senior and respectable la wyers, from time to time, do
see k the opini on of their la wyer-partne rs or somet imes
even their new associa tes.
d)

Stay Healthy

A la wyer needs to be physicaUy fit in orde r to cope

up with his vcry demanding work. For this reason, it is
impera tive for a lawyer, both young a nd old to exercise
regularly, eat he a lthy foods, ha ve a regu la r check-u p with
his doctor, a nd hav e enough re st and sleep. It needs no
e mphasis the value of being a hea lth con scious in order
to ha ve a sound mind a nd body.
e)

A lways sm ile I laugh

It ha s bee n proven that laughter is the best medicine . Therefore, ha ving a good se nse of humor, an d tak-

GETT ING STARTED

12 1

in g life lightly despi te th e odds fa cin g him, one ca n surely

enj oy life a s God wanted him to be.

Im prove

one:~

comm union w ith God

No one will find the tru e meaning and va lue of

wisdom , success a nd j oy unless he has a rea l communion
with God. J Uflt like anyhody, a la wyer ca n never find
pence of mi nd unless he is spiri t ua lly healthy.
g)

Knowing you r limita tion

On e of the most common ca uses of stress is doing'

too m uch beyon d your lim its . Remember tha t you a re
just a human bei ng with 80 many limitations , do not try
to rea ch the im possibl e for you w ill only be fru st rate d in
the e nd.
2)

Sel f-Con fidence

A you ng la wyer needs to develop self-confidence in order

to withstand the pressures ofl a wyeri ng especially wh en a rguing with u sea soned la wyer. He should be witty and quick in
making sound judgm ent wh en having B court battle with B
seasoned practi tioner but careful enough to avoid making prejud icial mistakes. Us ually, sea soned lawyers thrive on the mis takes committed by the ir young adve rsaries .
3)

A bility to bu ild c lien tele

A young lawyer should start employing marketing tools

to develop a pool of hi s own clien te le , which is a n indispensa ble a ttribute of law practi ce. O f cour se, the best too l for clie nt
developm ent is the satisfact ion of exi sting clients. These cl ients will se rve a s yo ur networking tools , who will in t he future will either hire you ag ain, refer you to other better-paying client" or provid e you with opportunit ies for professional
imp rovem e nt .
A lawyer may a lso j oin one or more organi zati ons, rel igiou s , civic or othe rwise. In this rega rd , he wi ll ha ve opportunities tel meet people who in the future might seck his se rv-

122

I.EGAI, PROn;SSION

GETTING f'TARTED

ices. Aside from this, it will also provide him a n outlet to stay
awa y momentarily from his legal work and to engage in other
worthwhil e activities.

a nd this is particularly t rue with regards to negotiation. This

is for t he protec tion of both the lawyer a nd t he cl ient . In ou r
j uris dict ion , a compro..... isc agreement en tere d into without a
s pecia l a uthority from the client ren ders th e judgment based
on a com promise agreement, null and void unless ratified by
th e client him self.

2.

Preventive Lawyeri ng

Afte r very long yea rs of wa il ing, a young lawyer will

finall y enter the field of legal profession . For a young lawyer
who from hi s childhood had dream ed of be coming one, his
immedi ate goa l is usually to ente r the field of trial practice.
This is somew hat expected since th e pop ular conception for a
lawyer is one who a ppe ars in court and argue h is case. Al
thou gh , this is the maj or task of a la wyer, this is not however
his only task. The duties of a la wyer include among others:
legal a dvice or counse ling, drafting of legal ins trume nts, litigation, financing, pro perty mana gement, a nd ne got iation or
conciliation. The concern of this topic is negotiation a nd conciliation, for lawyers, t his is a lso called preoentioe la wyering .
Ne gotia tion is defin ed as the process of s ubmission and
conside ration of offers until acce pta ble offer is made and accepted. It is the de liberation, discussion, or conference upon
th e te rms of a proposed agreeme nt. It is the act of settling or
arranging the terms and cond itions of a bargain, sale, or other
business tranee cti on.t
Concilia t ion refers to the adjustment a nd se ttlement of a
dispute in a friend ly, un antagonistic manner. In some jurisdiction s, used in courts before tria l with a view tow ards a voiding trial and in labor disputes before arbitration.s
Th ere a re usuall y two sides in volved in a negotiation
which, more ofte n than not , a re being handl ed by two persons,
usuall y both la wyers . It gene rally occurs in a fa ce-to-face conference or by te lepho ne conversat ion or corresponde nce. It is
important to rem ember th at a lawyer must have a s pecial
power of attorney before he acts for a nd in behalf of his client,

~ Bl ack'B

Law I)id ionary, lith Edition .

123

The ess ential eleme nts in nego tiation are:

a)

proposa ls to t he ot her side o r party;

b)

cou nter-proposa ls;

c)

reconsiderations ;

d)

compromise;

e)

a dvice to clien ts :

clien ts Instruction to coun sel.

Us ually, cases or disputes may be settled s peed ily without resorting to court litigation resulting to a ' w in-wi n" situation for the conten ding parties . By enc ouragi ng a settlem ent
of a dispute withou t reso rt ing to litigation , a la wyer is performing his duty as an officer of the court in facilitat ing t he
s peedy a dministra tion of j us tice by unclogging the dockets of
the cou rts. Negotiation/conciliation als o help s the parties to
avoid the tro u ble, expe nse a nd anxiety of a public trial.
In man y insta nces , it is not only beneficial for a cl ient to
set tl e hi s cause or claim s rather tha n litigate, it is a lso
favorable to a lawyer wh o wants to sa ve time and effort, a s it
may happen that the total claim bein g mad e is less tha n what
it would cost to defend. Incidentally for a new lawyer who
lacks a deq uate experience in court liti gation, se t tleme nt is a n
effect ive mean s to settle cont rove rsies. By successfully resorting in to this tool, he will not lose h is fees an d his cl ien ts.
Settlement, is a major part of a la wyer 's e normous task
in the proper ad minist ration of j ust ice and this should be
e ncouraged by every lawyer before resorting to lit igation which
is time -consuming and e xpensi ve. Litigat ion may even deprive
a la wye r more pro fitabl e office pract ices.

12.

'II

Lf';GAL !'!toFESSION

Fin a lly, it is not s ufficient that legal services mu st be

ava ila ble to all, but r a ther it mu st be ma de a va ila ble at the
earliest possible time, not when the cage is already in court.
For just as ther e is a need for preventive medicin e, there is
also a need for preventive legal counseling 80 tha t parties will
be saved th e trouble, expense an d a nxiety of litiga tion.

Chapter XIII
AR TICLES ON THE LEGAL PROFESSION

[The following articles nre presented fur aca demic di scussion only. Full cre dit shoul d be gi ven to the respective
authors of the e rticles.l
Focus o n the Legal Profession "

By
Justice Vicen te V. Mendoza "

The recent Senate impeachment trial of President Estrada

focused public attention on the rol e of the legal profession in
our national life. Thanks to the media coverage of the historic
eve nt , the public was afforded an insight into the workings of
a profession that theretofore had be en regarded as an esoteric
calling. Its language ("gobbledygook ," a s one se nator ca lled it),
ita methods of proof ("Objection, your hon or, the question is
irrele va nt, immateria l and im pe rtine n t!"), its tradition s, and
its culture caught the popular imagination, and soon the courtroom d ra ma became a TV a nd radio drama , even displ acing in
popul a ri ty se veral day-time soap ope r as a nd variety shows. In
between courtroom scenes were commentaries provided by legal
academ ics. All in a ll, it was the legal pro fession's greatest
sho w! Why, eve n my grandda ughter, aged 6, ca ug ht the litiga -

Sp..-eeh de livered befo re t h e In t egr a ted Bar of t he Ph ilip pines ,

Po nj;llsina n Chapte r, at t he Star Plaza Hotel in Dagupan City on Apri l 6,
200 1. Pu blished in the La wyere Revi ew, Vol. XV, 30 April 2001.
..AsROCiate J UlItice , S upre me Co urt of t h e Philippines,
12 5

"6

127

LF.GAL PROFES.<;ION

ARTICLES ON TIl E U XiAL f'ROFESS IC:-.J

tion fever. Once when she W A S hein g made to drink her mil k,
she remonstrated: "Objection, you r honor, but I have a lrea dy
done so!" And so when the trial wa s abruptly sto pped, many
missed the coverage a nd often re minisced severa l mem orabl e

Inte rn a t ional Crim ina l Tribunal for the former Yugoslavia .

Peggy Ku o, the young la wyer, wa s s uccessful in persuadi ng
the judges to consider ra pe committed by Bosnia n Serbs again st
Muslim wom en during the Bosnian wa r a s a war crime. In all
inte rview wi th Time Maga zine recentl y, s he was asked whethe r
she due s not get personally a ffected by th e pligh t of the women
victi ms . H er reply was: "Sometimes when you're talking to
th em you just ha ve to cry, an d it's O.K. It's part of the work ,
an d then you move on." (TIme Magazine , March 26, 2001. p.
53). Tha t is wha t I mean by getting im mersed in the case of
one's clie nt a nd then wit hdrawing fro m t he emotiona l expcrience a s a necessity for maintaining on e 's in ciepcnden ce, if n ot
one's bal ance .

scenes.

But the impeach men t t rial br ought to public view not

only the legal profession's triumphs but. also its sho rtco ming s.
I a m certain th at the se will be t he s ubject of debate for a long
time to come. Functi oning in a la y society that is no lon ger
intimidated by the jargon of la wyers , the legal profession is no
longer likely to e..ca pe-pu blic scru t iny for its performance .

By wha t sta nda rds should its performance be judged?

Like medi cine a nd the ministry, law is a service profe ssion ,
and, therefore , it has been suggested it must be measured by
the standa rd s of those professions : its independence, its a ccessibility, a nd its learning. (Paul A. Freund, The Legal Profession, Daeda lus 35, 39 [1965]), Time does not allow for a full
explora tion of each. Let me just discuss each one briefl y.
The firs t is independence. A lawyer 's rela tion to his clie nt
entails ethical problems. Lawyers a re not hired guns out to do
their clie nts' bidding. They a re professional s, who must accordingly conduct them selves in a professional way. Th be su re ,
a lawyer owes entire devotion a nd loyalty to his client. But it
is devotion a nd loyalty within the bounds of honor. AP, the
Code of Professional Responsibility puts it, "'A lawyer [must]
represent his client with zeal wrthin the bounds of the law."
Justice Brandeis's ad vice to young lawyers was that they should
have clien ts rath er than be somebody's lawyer.
Indeed, the in volvement of la wyers in their clients' causes
should not make them oblivious to the cross currents of cernpeting claim s. What they should do is to get immersed in
their clients' cases but not to drown them selves into their
clients ' causes - they must get in volved in the ca ses, lest
they become deta ched a nd cold ly di spassionate, but they must
likewise learn to get out of the e xperience so to speak lest
t hey become bemused a nd se nti me ntal .
I recently ca me across a n account of a young H arvard
Law School gradu ate, who is one of the prosecutors in the

A rel a ted aspect of the ind ependen ce of th e bar concer ns

its a ut hori ty over the discipline of its me mbers. At present ,
the inves tigation of er r ing mem bers is undertaken by th e
In te grated Bar of the Philippines a nd its cha pters. This enables la wye rs to police thei r own ranks . It is of course true th at
the ult im ate responsibility for the d iscipline of lawyers res ts
in the S u preme Court, but the scree ning fun ction of the bar,
wh en taken se riously, allows for j udgment by one 's peer t ha t
in the proce ss promo tes the independence of th e bar.
The second sta ndar d of the lega l profession ill its ncccnsibility , How readily ava ila ble are its service s to our people?
By this I do not only mean the ma intenance of legal a id clinics
for indigent perso ns, im portant 8S this a spect of the work of
the organized bar is. Just as deserving of legal a id a rc those
persons who a re ei ther financiall y ca pa b le of paying in full for
the servi ces of a la wyer or are unable to pa y in full but non ethele ss ca n not be conside red ind ige nt persons.
You may think it parad oxical that pe ople wh o a re Financia lly a ble would need help. The truth is that they often do
not know whom to enga ge a s counsel; wha t they thu s O(!Cd is
a r eli able system of referra l which a bar orga nization should
be ab le to provide. Very ofte n. many a ba lik bayan needs referral se rvice eithe r becau se he has lost co ntact with local peop le
from ha ving lived abroa d so long, or because his problem involves complex questions, such as estate planning an d laxation .

LEGAL PROFFSS ION

ARTICI.F.8 ON TIl E LEGAL PHOFESS IOS

In these instances, the bur sh ould he able to aid the

public in the sel ection of a competent la wyer 8S part of its
duty to mak e its se rvices availab le. Le ga l services are needed
no t on ly by indigent persons , but even by those who a re able
to pa y t heir way bu t do not know whom to engage as counsel.

ad opte d the Manda tory Continui ng Lega l Edu cation for members of the IBP. Un der the program , IBP mem bers a re reo
qu tred to und ergo every three (3 ) years a t lea st t!-:.irty-six (36)
hours of legal ed ucation as follows: six (6) ho urs in legal et h ics, fou r (4) ho urs in t rial a nd pre-trial s kills, five (5 ) hou rs in
alternative di spute resolution, nine (9) hour s ill recent dcvelopm enta in s u bstantive and procedural la ws, four (4) in legal
writing a nd oral advocacy, n n d t wo (2 ) hours in inte rn ational
la w and inte rna tional conve nt ions. The bala nce of s ix (6) hours
will be devoted to such subjects as may be p re scribed by the
MCLE Comm ittee.

128

Not on ly must lega l services be availa ble wall. Lega l services must be ma de availa ble at the ea rliest possible time, a nd
not when a case is a lready in court. Fo r j ust as the re is a need
for preven tive medi cine, t he re is also a ne ed for prevent ive le ga l cou nseling so that parties will be saved th e tro uble, the expense, and th e anxiety of litiga ti on. S uc h services can ra nge
from the draft ing of cont racts to the making ofwi Us.

Finall y, in discussing the availability of the ba r, let u s

no t forget a nother cha lle nge - the read iness of its members
to e nga ge in public service . One proud trad ition of the bar in
thi s country is that it ha s been t he source of leadership in our
government. Despite the financial opportunities offered by
priva te pract ice , ma ny la wyers ha ve cho sen government service , thus vindicating the legal profession as one "charged with
public duties a nd respo nsibility." Lawyers mus t be a ble to
s h u ttle between private pract ice a nd g-overnme nt se rvi ce ,
enj oying not only t he fin an cial privileges of the form er but
a lso t he civic rewe-ds brought about by the latter. Publi c
serv ice, t hough a dmitted ly short on mon etary ga ins, poses a
unique cha llenge to a la wyer's integrity as well as his competence a nd ability and offers psych ic be nefits that go beyond
pesos a nd centavos.
This leads me to the th ird sta nda rd of a professi on,
na mely, its warning. The Code of Professional Responsibility
states that a "lawyer [must ] serve his clien t wit h competence
a nd dili gence." But a bar to be able to discharge its public
duties a nd re spon sibilities must be a learned organi zation.
Th e prol iferation of lega l ma teria ls and the emerge nce of new
specialti es in la w, brough t about by t he growing com plexity of
ou r society, a rc a cha lle nge to ou r com mitment to excelle nce
- whe t her 11M members of the pract icin g ba r or the aca demic
branch of th e profession.
It is in response to the t rem endou s de velopm ents in la w
in the la st t wo deca de s t hat the S u preme Court recently

129

Th e MCLE progra m is administe red by a comm ittee composed of a ret ired j ust ice of the Su pre me Court, as cha irperson,
and four (4) members, one nomin ated by the lBP, a second member no min ated by the Philippine J udicial Aca demy, a t hi rd one
nom ina ted by a law cente r, a nd the fourth nom ina ted by an
a ssociation of law schools and/or law professors.
Lega l education acti vit ies will be held either by providers a pproved or certified by the MCLE or by t hose required by
la w to give contin uing lega l ed ucation.
Those who fail to comply with the MCL E withou t sa ti sfactory expla nat ion will be required to pay a "non-com plia nce
fcc" a nd cons ide red deli nqu ent membe rs of t he ba r, wh o will
be su bject to d isci plina ry action by t he board of governors of
the IBP and by th e Su preme Court.
Exemption from the requirement to lake the MCLE is
provi ded for certain ind ivid ua ls, such as the Preside nt and
Vice-Presid ent of the Ph ilippines, members of Congre ss end
mem be rs of the j ud iciary by re ason of th eir positions in the
govern ment a nd qu a si-public institutions. After they ceas e to
hold office by virt ue of whi ch they were exe mpted from th e
MCLE , these members will, like any ot her member of the JBP,
be required to comply with the MCLE.
On the othe r han d, exemption from t he requ iremen t to
lake the MCLE may be obta ine d by certa in individu al s, s uch
as those who are not in la w pra ctice or those who hav e retired
from law pra ct ice. In a ddi ti on, pa rti al credits m ay be ea rned
for certai n a ct ivities s uch as a ttendn nce in se minars , confe-

tH

l:,LEGAL PROFESSION

ARTICU;S ON THE LEGAL PROFESSION

rences and t he like , acting 8 S lect ure r, resource person, cornmunicator, etc. , or wri ting books, a nd teac hi ng.

Grea t Leaden were Lawyers"

We should not , however, delude ourselves into thinking

th at conti nuin g legal edu ca tion a lone can make the legal profession a lea rn ed profession . We must know much more than
the specia lized skill s a nd technical ru les of our craft. The bar
must be ab le to com municate to the public its aims a nd its purposes. It must be able to expla in to lay people the laws and
regulations in clear, simple , a nd understanda ble language 80
that public respect for the law will be fostered . This is an
e ndeavor th roug h which the lea rning of t he bar must be
cha nneled.
I began by ind icating what in my opinion are the implica t ions of the recent impeachment t ri al on our profession. For
beyond its politica l importance to the nation, it has lessons,
too, for the bar. 1. close by expressing th e hope that th ese
lessons be not lost on us RS la wyers , proud as we are of our
heri tage, a nd prou der still of our achieve ments that for so
long have made our profession 8 dominant force in our country. Where the im pea chment trial has shown us strengths, let
us resolve to preserve th ose strengths . Where it has shown us
failures. Jet us re solve to do right next time. Correc tio n should
come from wit hin, more than from without, our profession.

Atty. Leo n L. Asa"

130

13 1

By
"You may chain my hands, you may sha ckle my
feet, you may eve n throw me into a da rk prison; but
you sha ll not enslave my th inking because it is free."

Kahlil Gibran

It is a glowing tribute to th e legal profession t hat a

nu mber of th e world's greatest leaders were lawyers,

Lawyers, as a class , embody th e noblest ideals of courage , j ustice, a nd public service. They are always at th e fore front in time s of nationa l crisis . By rea son of th eir profession ,
which is a ll-embracing t he affa irs of men , the people look up
to them especially in times of great political a nd constitutional crises , Fear lessly, t hese noble men would sacrifice their
lives and fortunes for t he ca use of freedom a nd publi c duty.
Ma ny a country's constitu tion was fr a med by its national
lea ders, most of them la wye rs . The figh t for independence in
severa l instances has a lways been re lentlessly pur sued by
la wyer-leaders .
The 1935 Phi lippine Constitution wa s framed by our country's best legal minds; t he Declara tion of Independence of t he
United States of Ame rica was written by 8 great lawyer who
became one of its greatest P residents ; and India's long fight for
independe nce thro ugh non-violence was incessantly, tenaciously
and successfu lly pursued by its greatest leader who beca me
martyr in the cause offreedom a nd publi c service.
Mahatma Gandhi, President Abra ha m Lincoln, President
Thomas Jefferson, and our own Presid en t Manuel L. Quezon
"Pu blis hed in lhe Lawy er ', Review, Vol. IX, 30 Nov. 1995.
"Pa rt ne r; La ure l Law Offire ,,; LL.B.'56. Fra ncisco Law School (CIW18
Valedictorian and MrJj(na Cum Laudt ); Asst. Atto m ",y "ra ncisco Law a ffire"
11957- 19651,

'(

LEGAL PROfES SION

A1IT1 CI.ES O N TH l'~ LJ.:G.\L PROf Jo::s.'iI ON

and P residen t Jfl!,\C P. Laurel were all famed lawye rs who

beca me gr ea t. nationallcaders a nd legiti ma te pride of the legal
profession .

It was in 19J 5 tha t Gandhi returned to Ind ia a nd within

five (5 ) yea rs , he beca me t he lea de r of t he Indian N ation ali st
Movemen t , Durin g: World Wa r 11 , Gand hi contin ued his st ruggle for Ind ia 's freedom t hrough non -violent disobedience to
Bri ti sh rule .

132

M ahutma Gan d h i

It is parad oxical tha t Ma hatma Gandhi , the greatest

leader of Indi a a nd un denia bly one of the top worl d lea ders ,
nev er occu pied any public office. But he was a dedi cated lawyer who devoted hi s lifetim e fighting for th e independe nce of
his country a nd people under British rule.

Gandhi st udied in th e University of London and received

his early training in law in the In ns of Court. It wa s u pon the
advi ce of a family friend that he went to England to s tudy la w.
He pawned hi s wife's marria ge jewels for money a nd with his
brother's hel p, left for En gland telling hi s friends , "I hope th at
som e of you will follow in my footsteps , a nd tha t afte r you return from England , you will work for big reforms in Indi a."
After finishing his la w st ud ies, he returned to India in
189 1 to pra ctice la w. Though he refused cases which he regarded a s u njust , he soon built up a lu crative clie ntele, ave raging a n income of $25,000 a year. But Ga ndhi ga ve up a ll
thi s for a ca us e, a new case to t ry - the case of the oppressed
against the inju stice of the oppressors .
In 1893 , Gandhi went to Sou th Africa which was at that
ti me und er British control. He wa s a buse d because he was a n
Indian claimi ng his righ ts as a British subject . Seeing other
India ns suffering the sa me abuse, injustice a nd di scrim inati on, he aba ndoned his law practi ce a nd devoted 21 years of
his life in Sou th Africa to work for In dia n righ ts.
Gandhi led many ca mpa igns for Indian righ ts in South
Africa a nd edited a weekly newsp ap er, India n Opinion . He
began to experimen t with his new method of non-violent actio n called "salyagra ha ," prom oted man y civi l di sobedien ce
ca mpaign s , a nd orga nized a strike am ong Ind ia n mi ner s. Il l'
was a rreste d man y ti mes by th e British bu t his efforts brought
about important reforms.

1 ~1

In March 1922, Ga ndh i was cha rged before t he Distri ct

a nd S ession s Judge by the Advoca te Ge neral of bringing or
a ttem pti ng to bri ng ha tr ed or conte m pt, or exciting, or attempting to excite, disaffection to wa rd his Maj esty's government , established by la w in Briti sh India , a nd tha t Ga ndhi
wa s guilty of these things because of three a rti cles he had
written a nd publish ed in hi s weekly maga zine.
Gandhi broke in : "I plead guilty to a ll the cha rges."
And the Judge said: "Mr. Ga ndhi, do you wish to make
a statement on t he question of se n tence?"
Ga nd hi replied : "I do not ask for mercy," he said to J ud ge
Broomsfield, who presided a t the t ria l. "I do not plead any
exten ua ti ng act. I a m here , t herefore, to invi te and cheerfully
su b m it to the highest pena lty that can be inf li cted upon me
for wh at in law is a delibera te cri me and what appea rs to me
to be the hi ghest duty of a citi zen. The only course open to
yo u, sir, is either to resign you r post or to infli ct on me t he
severest pe nalty."
J udge Broomsfield, not to be outdone in chiva l ry, replied :
"It would be impossibl e to ign ore the fact tha t in t he eyes of
m illion s of you r cou ntrym en you are great patriot a nd a great
leader. Even those who differ from you in politics look upo n
you as a man of high ideals a nd of noble , a nd eve n sai ntly,
life."
The judge , ha ving prai sed Gandhi for the j us tice of his
ca use se n tenced hi m for the illegality of his cond uct.
Gandhi wa s se n te nced to two years si mple imprisonm en t
on ea ch count of the cha rge or s ix yea rs in a ll.
The fr iends of Gandhi cro wed aroun d him , a s the judge
left the cou rt, a nd fell at hi s feet . Bot h me n and women were
sobbing but Ga nd hi was sm iling a nd cool, gi ving e ncou rage-

134

IS-GAL

f'kOfoE...
~ION

men! to everybody who came to him . After h is friend s had

tak en leave of h im , Gan dhi was taken out of court to t he
Sabarmati jail.

In 1930, Gandhi was a gain a rrested togethe r wi th 25,000

followers.
Gandhi was thrown into jail several t imes bu t hi s fighting spirit wa s never effected. On the contrary, h is fervor an d
devotion to t h e cause of freed om he wa s fighting for became
even more intense.

For the la st time, Gandhi wa s j ailed in 1942 . Alt ogether,

he spent a total of seven years in pri son for his political beliefs and activities. He firmly believ ed that it i!'l honorable to
go to jail for a good cause.
It was on August 15 , 1947 when Gandhi was alrea dy 77

years old that IND EPE ND ENCE FOR INDIA came , soone r
than he expected a lthough he had sai d that he wou ld achieve
it in his lifetime. The fr ee dom of h is cou ntry a nd people for
wh om he had fought so long and so well was crowning glory
of his life.
On J anuary 13 , 19 48 , Gandhi , at the age of 78, began a
fast for the purpose of ending bloodshed among Hi nd u, Moslem and other groups . Five days later, the facti ous leaders
pledge to cease fighting. Ten days alte r on his way to a prayer
service open to followe rs of any re ligion, Mahatma Gandhi
wa s gunned down by a high-ranking Indian Brahman who
feared Gandhi's tolera nt teach ing and programs .
Thus ended the life of Ma hatma Gandhi, frail and slight
in built but poeeeseod of limitless ph ysical st re ngth a nd th e
greatest moral courage and conviction.
Mahatma Gandhi's e a rthly possessions consi sted of a pai r
of eyeglasses , loin cloth, a pa ir of sa ndals and ne edle a nd
t hread. His simple a nd hon est life puts to shame other leaders, who ca llous ly a mass we a lth in publ ic office , plu nd er their
nations' wea lth and impoverish thei r own peo ple without the
slightest tw inge of cons cience, unabashe d by the condem nation of their own people a nd by the verdict of history.

ARTICLfo~

ox TIlE

LEGAL PROFESSION

'36

To the Indians, Ga ndhi was the "Mahatma" which mea ns

"Great Soul"; to the world , he was the wor ld's great lea der
who won in d epe ndence through non-violence, and a IIltuiyr to
the cause of freed om .

In the twilight of his life , Mah atma Ga ndh i wrote a most

in spi ring essay entitled "Measure of a M an" which sums up
his philosophy of life - th e life t ha t h e li ved.
"l\leasurc o f a Man"

It is not the critic who counts, nor the mtlll who

points out how the strong man st um bles, or wh ere
the doer of deeds could have done better.
Th e credit belongs to the man wh o is actually
in the arena; who.'ie face is marred by dust and sweat;
who strives valiantly. who errs and may {ail again.
because there is no effort without error or shortcoming, but who does actually strive to do the deeds:
who does kn ow the great en thusiasm; the great devotion; who spends him self in a worthy ca use; who
at best, krwws in the end the triumph of high achieoemenlo and who at the worst, if he fail s, at least fails
while daring greal/y, so that his place shall Mver be
with those cold and timid souls who k now neither
vic tory nor defeat:"

P resident Abraham Lincoln

In the survey conducted among the pr ofessors of history
in t he different universities and colleges in the Un ited States,
the choice was unanimous that Preside nt Abraham Lincoln is
the greatest and the humblest American President.
In 1834, Lin coln was convi nced by John T, Stuart, a n
attorney in Springfield and a member of the legisl a tu re, to
s tu dy la w. He borrowed la w books from Stuart an d studied
"It Wil li former- Amhllll8ador J ORC S. Laurel III who gave to the author
the printed oupy or the _y_

1:16

LEGAL PI(OFESSI ON

them. Lincoln received h is licen se to practice law on September 9 , 1836 a nd his nam e wa s entered on the roll of attorneys
on March I , 1837. l'.t that time. there were few law schools
a nd most lawyers si mply "read la w" in the office of a n a ttorney.
Lincoln's method of study is rev eal ed in the followin g
classic a dvice he gave to a la w student :

-If you are resolut ely determined to ma ke a

lawyer of yourself, the thing is more than. half done
already. It is but a small matte r whether yo u read
I.ci1h. anybody or not . I d id not read with anyone.
Get the books. and read and study them until you
understand them in their principal features: and
that is the main thing. It is of no consequence to be
in large town while y ou are reading. I read at New
Salem, which never had three hundred people liv ing
in it. The ~ and your capacity for understanding the m, are just the sa me in all places . . . Always
bear in mind that your own resolution to succeed is
more important than any other one thing."
AP, a lawyer, Lincoln is well known for his honesty. Membe rs of the noble profession of la w would do well to remember
hi s following admonition :

"Resolve to be honest a t a ll events ; a nd if in

your judgment you ca nnot be an honest lawyer,
resolve to be honest without being a lawyer."
Winning a case once , Lincoln received from his happy
clien t as attorney's fees $50,000, a most substantial a mount
at that time. Upon rece ipt of t he sum, he wrote back thanking
hi s client for his gene rosity but returning' $25,000, saying, "I
a m not a n expens ive man."
Lincoln pra ctice la w a nd ha ndled very important cases
in Springfield. He represented big corporations a nd big busi nesses frequ ently in law suits, a nd soon prospered . His reputation grew stea dily a nd in 1850 , he wa s known as one of the
lea ding lawyers of Illinois .

A HTI C LE~

ON Ti ll': I.EG AL I' HCl-'ES xIO N

1:17

Presiden t Abraha m Lin coln took his oa t h of office as the

16th President . of t.h e Uni te d States on M a rch 4 , 1861. He
took over the Presiden cy at a most cru cia l period of America n
histo ry. The Civil Wa r wh ich sta rted on Ap ril 12. 186 1 la sted
four yea rs a nd left a heritage of grief a n d bitt ern ess. It divided the people of th e Uni ted States a nd in ma ny fami lie s
brother fought ag ainst brother. He Faced agunizi ng problems
and ma de decisions of life a nd death day a fte r day. Pr esident
Lincoln suffered so mu ch a gony duri ng the years of the Civil
Wa r that his fa ce became more ema ciate d . Bu t he W 8R uble to
preserve th e Union.
Presiden t Lincoln 's intense religio us fa it h gave him spiritua l and moral strength d uri ng the four ago nizing yea rs of
th e Civil Wnr. He ca me to have a qu iet confidence in his own
judgme nt as he met the trials of t he wa r, b ringing out in him
the gentlest a nd noblest qu al ities of the hu man heart - hu mility, sympa thy, understa nding, compa ss ion a nd forgiven ess .
He wa s sym pathetic a nd compassionate and wrote numerou s
lette rs of condolen ce to grieving pa rents . H e wrote to the
moth er of five sons killed in battle, "I pray that our Hea venly
Fath er may assuage the a nguish of your be rea ve men t , a nd
lea ve you only the che rishe d memory of th e loved and the lost,
a nd t he solem n pride that must be yours to ha ve laid so costly
a sacri fice upon the a ltar of freedom."
President Linco ln ha d the ability to express his idea s
and convict ions 8 0 cle arly and forceful ly that mill ion of his
countrymen ha ve made hi s words their own. Ofte n quoted a re
expressions from his first and second ina ugura l a ddresses, his
a nn ua l me ssages to Congress, his Gettysb urg Address a nd his
numerou s lette rs, many of which were done in hi s own handwriting. His clea r a nd direct sty le of writin g wa s gre a tly inIluen ced by the H oly Bible which he cons ta ntly rea d even
when he wa s n young man . AF. President, he kept a Bible on
his desk a nd ofte n opened it for comfort a nd guida nce. Bibhca l re fere nces a nd q uotations en riched hi s writings a nd
speeches.
His immortal Gettysburg Addrt~ 8s la sti ng: hut thr ee minutes , is a cla ss ic in Amercian lite ra ture - "t hat this nation,
under God s ha ll have a new birth of freedom - a nd that

138

ARTIC LES ON T HF. LEGAL I>RO F'Jo:s..<>IO N

139

LFX;AL PROF ESS ION

government of the people, by t he peopl e, for th e peop le, sha ll

not peris h from the ea rt h."
President Lincoln took the oa th of office a second tim e on
March 4, 1865. In his second in augural addres s, which showed
great com pa ssion , in stead of dema nding vengeance on the
south, he ask for "ma lice towa rd non e" a nd "cha rity for all,"
He implored the people to "bind up t he na tion's wounds; to
care for him who sha ll have borne the ba ttle, and for his
widow, a nd his orphan - to do a ll wh ich may achieve And
cheri sh a just and lasting peace . .."
In so me of his policies a nd a ctions , he was someti mes
criticized but he mainta ined his u nderstanding a nd tole rance
for one's opposing views. In on e occa s ion , he sa id, "I do the
very best I know how - the very be st I can; and I mean to
keep on doing 80 u ntil the end. If t he en d bri ngs me out a ll
right , what is said agai ns t me won't a mount to a nything. If
the end b rings me out wron g, te n angel s swea ring I wa s righ t
would ma ke me no d ifference."
Pres ident Lincoln's second term in office was cu t short
by his a aea asination by John Wilke s Booth on the even ing of
April 4, 1865 at Ford's Theatre in Wa shingto n.
Perhaps it is provid entia l that great men are destined to
d ie du ring the ir service to their country a nd people . President
Lincoln a nd Mahatma Gandhi s ha red the same destiny.
Th e great American poet Walt Whitm an paid tribute to
President Lincoln in the following admiring langua ge:
"He leaves for America 's hi/.to ry a nd biogrephy the greatest, best, mos t cha racteristic , artistic
and moral pers ona lity."
Pre s ident Thomas .Iefferson
"I ha ve sworn upon the a lta r of God, etern a l hostil it y
a gain st a ny form of tyranny over the mind of man ." Thus ,
wrote Th om as J efferson , pre-eminent spokes man for human
liberty a nd ind ividua l righ ta, It was th is theme that governed
his lifelon g battle in the ca use of human freed om.

Pres ident Thoma s Jefferson is best remembered as a great

President a nd as author of th e Declarat ion of Indepe ndence
which is con sid ered his 1)(Illt known work . It is a d ocument
a lmost en tirely writte n fro m his pen when he w a s thirtythree, the most lite rary, <Ill it is the best kno wn, st ate document in America .
It sets forth with movin g eloquence , buttressed by lucid
legal argu ments t he position of the American Revolutio naries
which a ff irmed belief in tt repre sentative form of gove rn me n t
un der a Cons t itu ti on. .Iefferson was a hi ghl y educated a nd bri llia nt man. Ill' spoke six la ngu ages and could read Homer a nd
Virgil in the origi nal. Asid e from la w, he d eveloped a fascina t ion with philosophy, religion, education, and a rchitecture.
J efferso n wa s a dmitted to the ba r in 1767. He practiced
la w with great s uccess u ntil pub lic service bega n taking a ll
his time.
As a la wma ker, J effe rs on a lso worked to rev ise Virginia's
legal sys te m and pu shed throu gh many reforms particul arly
inland la w a nd crimina l law.

J efferson was sent to France i n May 1784 to join J oh n

Ada ms and Be njamin Fra nkl in in negotiating European treeti es of Commerce. With the resignation of Franklin a s ministel' to France, J efferson s ucceeded him i n Pa ri s. At t hat ti me ,
revolution was a pproaching in France and since h e was reo
ga rded by the French reformers a s a ch ampion of liberty beca use of h is political writings and hi s legal reforms in Vir
ginia, they soug ht his ad vice. It was al so during .Ieffcrson's
stay in France that American staternen assembled in a convention in 1787 and drcw up a constitution. J ames Mad ison ,
a friend of J effe rson, sen t. the la tte r a draft of the constitution
but J efferson obj ected stnm gly to the lack of a bill of rights,
and wrote letters urging one. Consequently, Madison int rodu ced the 10 a me ndme nts that became the Bill of Righ ts which
outli nes the fundam en tal liberties of the people .
It was ulsc when Jefferson was in France that the Virginia house of delega te s passed J effer so n's Stat u te of Religious Freedom which guaranteed religious free dom in Virgima.

140

U;GAI. I'RQFF.ssION

J efferson is also h('Ht remembered for h a vi ng wor ked for

t he establis hme nt of t he Universi ty of Virginia whose cam puses lind buil d ings a t Cha rlott esville he designe d him self
Th e Uni ve rsity of virginia wa s founded "based on the illimi t a ble freedom of the h uman mind to ex plore a nd to expose
e ve ry s ubject s usce pt ible of its contemplation."
Du ri ng P res ide n t J efferson's term, one of t he most important Su preme Co u rt decisi ons in Ame ri can h istory was t he
ce lebrated case of Marbury v. Madison in 1803 . Pre siden t

Ada ms had a ppointed William Ma rb ury 85 one of the 42 just ices of t he pe ace a p pointed to five-year t erms in the District
of Co lu mbia . Ma r bu ry a pplied to t he S up reme Court for a
writ of ma nda m us, orderi ng Secre tary of Sta te J am es Madis on to deli ve r h is commiss ion. The S upreme Court refused to

force Madi son to deliver Marbu ry's commission. decla rin g tha t
the Judicia ry Act of 171:1 9 wa s unconstit ution al.
It wa s also du ri ng the two te rms of President J efferson
that the Uni ted States dou bled in area with t he purch ase of
the vast Lousi sla ne 'Terri tory from Napo leon for $16 mill ion
- a real estate bargain a t 3 cents a n acre . The Louis iana
Purch ase ranks 8 S one of .Jeffers on's greatest ach ievem ents .
In the twilight of his life. Thom a s J efferson design a ted
the marker for his own grave a nd wrote the followin g epitaph:
Th e following inscr iption a nd not a word more:
'Here wa s bu ried Th oma s J efferson , Author of the
Decla ration of Inde pen den ce, of the Statute of Virginia for reli gious freedom , and the Father of the
Univers ity ofVi n.rinia. Because by t hese. a s te stimonial s that I have lived, I wish most to be remembered ."
J efferson ex pla ined t ha t t hese t hree were things he had
given to the people, wh ile a ll the ot hers , from mem bership of
the Virgi ni n H ou s e of Il ur gesses to the presidency. were thi ngs
the people had ",r iwn h im .1b quote t he political thought of th..
greates t Lebanese poet -write r-phi losopher Kahlil Gibra n which
was paraphras ed by Pre sid ent .lo bn F. Kenedy in his In au gu r al Add ress , "Ask not wha t yuu r country can do for you but
wha t you ca n d o for yuur country"

ARTICLES ON 'IrlE LEGAL PROFESS ION

I<I

On J uly 4. 1826. 50 year s after th e a dopt ion of the Decla ra t ion of Independen ce. J effers on died .
Presi de nt Thom as Jefferson is regarded as one of the
five greatest American Pre sidents. His greatest monume nt in
Am eri can hi story is hi s Decla rat ion of Ind ependen ce which
ha s contin uously ins pired nati ons the worl d over in their glori ous qu est for freed om, justice. liberty a nd democra cy.
President Manuel L. Quezon
President Man uel L . Quezon , the champion of Philippin e
In depe nde nce a nd the first President of the Philippine Commonw ealth, is one of the greatest Filipinos who steadfastly
fought for his country's freedom. He had complete fa it h in the
cap acity of the Filipino people to govern them selves .
After groduating Summa Cum Laude with th e Degree of
Bachelor of Arts from San Juan de Letra n in 1895, Que zon
studied law a t Sto. Tomas from 1896-1899 , a nd in 1903 wa s
admitted to the bar.

AB a la w'yer; Quezon had the highes t respect for truth

a nd deeply committed to the proper ad ministration of justice.
Although he could earn more in the pra ct ice of la w. he accepted the position of Provincial Fiscal of Mindoro where his
fighting s pirit was manifested.

It. is notew orthy that the case of U.S. us. Berry wh ich he
prosecuted when he was Provincial Fiscal of Tayabas was the
firs t cri mina l case during the early pe riod of the Ame rican
regime when a Filipino Fiscal dared to file a cri mina l complaint agai nst an American. wh o was al so a lawyer, a nd the
firs t ti me that a Filipino secured the con viction of an Ameri can in a court presided over by an America n j udge.
Qu ezon beca me interested in politics , a nd in 1905 w e e
elected Governor of Tayabaa (now Quezon) a nd t hen to the
First Phili ppine Asse mbly in 1907. He wa s chosen Delegate to
the In terna tional Congress of Navigation in S1. Petersbu rg,
Rus si a in 1908 and from 1909-1916 , was Re sident Commissioner to the United S ta tes. He beca me the President of Ole
Se na te from 1916 to 1934.

l.F.G AL PROFESSI ON

ARTICI.E." O N THE U:GAL I'HOf ESS10 N

His dre am wa s fu lfilled on Novem ber 15, 1935 when he

wa s inaugu rated F irst President of the Ph ilippine Com mo n.
wealth . It was also in 19 35 that he organized the Phil ippine
Army with t he hel p of Ge neral Dougla s Mac-Arthur.

a ne w one. S hortly afterward , t he Tydi ngs-Mc Duffie Bill was

pa ssed by the America n Congress a nd accepted by the Filipino s in 1933. Upon the acce pta nce of t his bill , pla ns for the
Ph ilippi ne Commnn woa lth com me nced .

As Presiden t. he con tinued to ha ve the greatest concern

for t he prope r a dm ini stratio n of justice. It is hi s since rest
convictio n t ha t in order to ad minis ter un im pea chable j ustice
a nd to maintain the peo ple's fa ith and confidence in the courts,
j udges shou ld be men of learning a nd unqu estioned mora l
characte r.

On the histo ric date Nove mber 15, 1935 , Quezon assumed
t he Presid ency of the Phili ppi ne Com monwealth lending to
inde pendent nationhood wh ile Sergio Osm ena assu me d the
Vice-P re sid ency, unt il 1944.

142

In In re J udge Geronimo Paredes for remova l as J udge

of the Court of First Instance, Presiden t Quezon, in disregard

of the recommenda tion of the Supreme Cou rt, ordered t he
ju dge's re signation . In h is own inimitable language, h e declared:
"Iu meri t the respect a nd confidence of the
people, j udg es mu st be men of high est integrity a nd
unquestioned mora l cha racte r, men who would a t
a ll tim es be cou rteous, ki nd a nd cons iderate of other
people's rights a nd feelings, even of the unfortu na te
who have to a ppe a r before them to be tried of the
most seri ous charge s; in fine, men of un impea cha ble ch a r a cte r a n d of t h e b road est hu ma n
sym phat ies; fea rless and impartia l administr ation
of justi ce is not only compatible but must also go
hand in hand with k nowledge and gentlemanly treatment of an who a ppear before cou rts of j usti ce."

As a lead er of the nation, P resident Quezon fu lly recognized the separa tion of ch u rch an d state 8S ens h ri ne d in the
19 35 Constitu tion a nd , t he re fore, "no a utho rity of a ny chu rch
has a ny rig ht to interfere with the affairs of the Governm ent."
President Quezon 's obsession was to secu re Phili ppi ne
Independence. After the Ha re-Hawes Cu tti ng Act was rejecte d
by an overwhelming maj ority in the Philippin e Legislature,
Quezon W8 S se nt by the Philippine Legislature to Washingto n
to expla in to the Am erican Congress and to Presiden t Franklin
Roosevelt the re a son for reject ing the said law a nd to work for

143

On Augu st I , 1944 , Pres ide nt Quezon died at Sara na c

Lak e , New York a nd was bu ri ed in Ar li ngton Ce metery, the
Ame rican Nationa l S hrine at Wa shin gtnn. Afte r the war, hi s
rem a ins were sent back to t he Philippines - the la nd he
loved so dearly a nd so well.
Like Ma hat ma Ga ndhi , Presiden t Quezon's figh t for the
i nde pende nce of his coun t ry is the crowning glory of his life.
President Jose P. Laurel
President J ose P. Lau rel's greatest se rvi ce to ou.r coun try
a nd peo ple came duri ng th e J a pa nese Occupa tion whe n on hi s
day by day decisions depended the s u rvi va l of the Filipino
People. It was a most cr ucia l per iod - t he d a rkest in Philippi ne Hi story - which te sted h is mettl e a s a leader a nd pro ved
him an extraord inary ma n . Vividly d emo nstrated a nd best
exem plified d uri ng t hose agoniz ing years were his patriotism ,
heroism, love of country and people, ra re coura ge a nd determination, bri lliant mind a nd strength of hea rt.
Dr. Lau rel's legal background as a n em i ne nt la wyer a nd
juris t is hi g hly im p ress iv e a nd u n iq ue . H e g rad uated
sa lu tatori a n of his class in 191 5 i n the U .P. College of Law
a nd his graduation t hes is, "A Com pa rison of the Louisiana French Civil Common Law wit h the Phili ppine Spanish Civi l
Com mo n Law" wag adjudged t he he st. In the bar examine ti ona that he took the sa me year, he was one of the topnotchers .
In 19 18 , he obta in ed the deb'Tee of Ma ster of Laws from
t he Es cuela de Derech o: a s a peneionado to Ya le University.
he obtai ned hi s Docto r of Civil La ws degree in 1920. In recogni-

'"

Lf:GAl.

PRO"E SSIO~

lio n of his high degree of sc hola rshi p at Yale, he was made

member of the ed ito ria l bo a rd of the Yale Law Review.

ARTICLES ON THE LEGAl. PROFESSION

After obta ining hi s doctorate at Yale, he proceeded to the

famous Sorborne Un ivers ity in Paris and later to Oxford
Uni versity in Paris in Engla nd to a tte nd specia l lectures in
la w, philosophy, litera ture and j u ris pru dence.

He took up h um an itie s in the Uni versity of 510. Thoma s

where he received the degree of Docto r of Philosophy in 1936 .
In 1938, the Tokyo Im peri a l University conferred u pon him
the degree of Doctor of Laws, honoris cau sa .
In the Cor.etit ut lone l Conv en tion of 1934, he was on e of
the "Seven WiflC Men" that drutted the Constitution, and wa s
the Chairm an of the Com m ittee on the Bill of Rights.

As Suprem e Cou rt As sociate Justi ce from February 29 ,

1936 until his prom oti on 8S Chief Justi ce in December 1941 ,
his landmark opinion s, particul arly in the field of constitutional law, have left their inde lib le im pri nt on Philippine
Jurisprudence. A pee r less cons titu tio nalis t and libertarian, his
profound knowl ed ge of the law was broadened and deepened
by his knowledge of phil osophy, literature, history a nd humanities which are vital in the application oflaws. President
Manuel L. Qu ezon, paying tribute to Justice Laurel, aptly
said , "J ustice Lau rel wields the most powerful pen in the
Supreme Cou rt today."
At th e age of 31, Dr. Laurel wa s appo inted by GovemorGeneral Wood to the premier post of Secretary of the Interior
in 1923. He also se rved in the Philippine Senate from 1925 to
1931, occu pying th e posit ion of President Pro-Tempore. Hi s
brillia nt record, ex.ce ptional training and political experience
were p rovidential for he wa s to se rve during the darkest years
of Philippine history.
Pre sident J ose I~ La u rel W aM mandated by Manuel L.
Quezon with th e im prima t u r of Ge ne ra l Douglas Mac Arthur,
to stay behi nd, meet the J ap a nese a rm y of occu pation and
hel p the people t hrough t he rigors of impending mil itary occupa tion by the e nemy. He was given the to ughest assign me n t
no oth er Filipino leader ha s ever received - to dea l with the

1.45

J ap a nese conqueri ng anny who se reputation fur a t roci ties a nd

brutalities had long preceded the fall of Manil a on December
1941.
He wa s made t he Presid ent of the d a pan cse - s pon sorcd
Phi lippine Republic on October 14. 1943. Presiden t Laurel's
rare courage a nd determination we re tes te d to the limit. coun t less li mes , each ti me displaying the t ru e metal in him. H is
se n, La ure l III who wa s hi.. secretary a nd later on as aidede-camp a ll th ro ughout the wa r years , includ ing the time of
Pres iden t La u r el's impri sonment in S uga mo and Mun tinl upa .
vivid ly recalls seeing Father plead fearlessly wit h the J apanese High Com mand for the re lea se of Filipino prisoners of
wa r in Ca pas a s well as of coun tless civilians includi ng even
guerr illa sus pects; he remembers hi s Fathe r ban gin g the executive desk in Malacafiang with hi s ba re fist flatly re fusi ng
the d emand of the chief of the J a panese military police for
him to turn over his good friend a nd compodre, Ge neral Manuel
A. Roxas, who was im plicated in th e und erground movement ,
saying , "All ri ght, if you kill Roxa s, kill m e too ."; a nd the time
hi s Fa ther ordered the gates of Mal acana ng closed to pre vent
the a rres t of one of his aides-de-camp, Major J e sus Vargas ,
who wa s a lso suspected of gu erilla inv ol ve ment.
Although his life was at stake eve ry moment. President
Laurel brav ed the da ngers of dealing with the cru el conquero rs
for the sake of a lleviating the in crea sing sufferi ngs of the pl.'Opie a nd to protect them from the brutalities of the inv aders.
Presid ent Lau re l in his position during the J apanese
Occupation was misunderstood eve n by some guerillas. On
-Iu ne 5. 1943 , he was shot with 8 .45 - ca liber gu n at the
Wa ck-Wack Golf Club a nd t hree bull ets hit him. The a ss ass in ,
a member of the gu erillas , was caught by the J a panese a nd
hrought boforo him . Although President Lau rel kn ew he wa s
th e a ssassin, he told the J apan ese he was not the man ,
Doy rocn ll ed t ha t "P apa look ed at him (Little J oe
Ma rtin ez) for a long, long time a nd said, no he was not the

' J l_

S. Laurel III became Amrn lSllador to J ap an .

.,
146

l.F.GAL FROFF.8S ION

ARTI CI.F.5 ON TI lE LEGAL I'HOfo"F..ssJON

man . The J ap an ese sa id the man had confessed but Papa

insisted he was not the one. Aske d later why he did this , Pap a
sa id , 'Pup ugutan lang iyan ng Ho pon ' (The J apa nese will just
behead him) a nd he was only following orde rs. ~

"After the war, Little Joe was t he first visitor of Papa

who told him, ' Deep in my hea rt, I ha ve forgiven you long ago.'
Little J oe crie d and told Pa pa , 'I wa nt to make it up to you.
Let me serve you all my life.' An d he se rved 8S a bodyguard
of Pa pa until Pa pa died. And Little J oe is still alive today,"
Day continued his recollections.
Like President Lincoln , President Laurel had compa ssion in full mea su re.

147

tha n a yea r together with speaker Benigno Aquino, Minister

Ca mi lio Oeias , Laurel III and Amba ss ador Jorge B. Vargas.
It wa s in S ugamo P rison that President Lau rel wrote his
Wa r Memoirs on the blank spaces of a book" which his son ,
Day had given him .
On July 23, 1946, Preside nt Lau rel was flown back to
Manila a nd confined at Muntinlupa to fa ce trial before the
People's Court where he waged his biggest legal battle to obtain
provisiona l liberty to enab le him to properly prepare his defense
and to clea r hi mself from the charge of collaboration with the
J apanese.

Preside nt Laurel's sleepless nights and agony reac hed

its peak whe n the J a panese H igh Command pre ssed him to
conscript Filipino soldiers to fight side by side with the J ap anese a rmy. He wa s aware that a wrong decision mig ht start
the wholesale ma ssa cre of the helpless civilian popul ation.
U ndergoing immea surable sufferi ng a nd agony which only a
man of Spartan disciplin e and a Stoic Philosophe r could bear
wi th eq ua nimity a nd serenity, in the middle of the night before he had to ma ke hi s decision, he was found by h ia Ron,
Laurel Ill, in th e Ma laca nang chapel in deep prayer a nd
meditation.

In his impassioned plea in the PL'OpJe's Court facin g his

accusers, President La urel , in a voice ringi ng wit h emotion ,
explai ned :

Wh en he arose the following morning, strengthened and

blessed with Divine gui dance, President Laurel got on the
radio and publicly annou nced that the Philippi nes had declared war on the Ll.S. a dding howeve r, "I will see to it that
no Filipino will be cons cri pted to fight in this war." Afte r the
bro adcast , the enraged top Japanese mi litary officers came to
him screaming, "Wha t is war without conscription?" President
La urel's bri lliant lega l mi nd had out witte d the Japa nese military officers!

If 1 am a traitor, then I d eserve the death of a

traitor. I h a ve no regrets, J am ready to {ace God
and th e people, consci ous of what I have done was
for th e good of my country and my compatriots and
what J sincerely believed to be right in serving as I
did th e Philippines at a time when national survival was the main concern.

After Japan surrendered on August 15, 194 5, Presiden t

La urel was a rrested on September 14, 1945 by agents of the
Allie d Forces, placing himself a t General Dougla s MacArth ur's
disposal. He wa s confined at Yoko hama Prison House, later at
Sugamo Prison outside Tokyo, in solitary confinem ent for more

"T he policy ofsu rvival in order to tide the Fili pinos to better times was the sole Purpose of my
government during the Japanese occupation .

I am no t expecting a decoration. I do not expe ct

to be promoted. I do not claim to be a hero, bu t J
ha oe the right to recognition of my people of th e
moral valu e of my efforts.

A lth ough human j ustice may err, wh a t matters

is that I sta nd i nnocen t before my conscience and
my God, and when I face my C1'f>(Jtor, J shall face

-rs, b oo k wa s "The World in 2030 A.n . writl(>n by Uw Brit.ish II(OOll1 rscient ist Lord Birke nhead.
Salvad or II. Laurel beca me Se na to r and Vice Presid ent,

HR

LEGAL J'ROfo'Jo;SSION

ARTICLF.8 ON THE LEGAL PROf''K''SION

14 ~1

him in the full confide nce tha t I ha d dedicated my

power, my ta lents and my energy to th e service of my
cou ntry at a ti me when she needed m e most.

ticing President in Phil ippin e h istory, If Ame ri ca had its

Abra ha m Lincoln a nd Ind ia its Mahatma Gan dhi , th e Philippin es had its J ose P. Lau rel.

I sta nd ready to account (or all my actio ns, for

all that I h ad done, J did with th e sole purp ose of
serv ing th e interest and welfare of th e Filipino peo ple d uring their most crucial a nd d arkest hour. "

The lega l Profession takes legit ima te pride in the fa ct

th at indeed some of the wor ld's gn at leaders we re grea t law .
yers .

The foregoi ng are bu t excer pts from his defense. All of

President Laurel's remarks before the People's Court fill hu nd red s of pages .
President LAurel knew that his political collabo ration
with the J a panese was non-trea sonable a nd he wa nted to
continue with the trial to pro ve his in nocence and to vindicate
his name. But President Manuel A. Roxa s , in his Amn es ty
Proc lamation on J a nuary 28, 194B. declared tha t "the question of collaboration is esse ntial ly politica l in nature a nd should
be settled in accordance with the conscience of t he majori ty of
the people." President Roxas' Amnesty P roclama tion was in
fa ct concurred in by the Senate a nd the House of Represen tatives of the Congress in February 1948 . With t he proclam ation gran ti ng a m ne sty to a ll politi cal a nd econom ic colla borators, Dr. Laure l, Cla ro M. Recto. Cami lio Osiaa, .Jorge Va rg-as,
and se veral others accused were se t fr ee .
In t he 1951 se natorial elections , President La urel's clea r
vindi cation 88 a patriot a nd defend er of the Filipi no people
beca me manifest for th e electo rate gave him t he hi ghest
nu mber of votes ever received by a candidate - "the conscience of the majority of the people."
Like Presiden t Lincoln , President Laurel was the lead er
of his cou ntry a nd people during the most crucial period of
na tiona l su rviva l. Like Mah a tma Ga nd hi, he waa also imp risoned for servi ng his cou n try a nd people . Perhaps that is the
fa te of t hose brave and noble sou ls who gi ve their very best to
se rve their Motherland.
In Presiden t J ose P. Laurel's death on Nove mber 6, 1959,
we lost the most heroic, courageous, b rilliant, a nd sclf-eecri-

The fam ous Ame ri can poet, Henry Wad sworth Longfellow,
had beautifu lly wri tten :
Lives of great m en a ll remi nd us
We can m ak e our li ves su blime,
A nd, depa rting , leave behind us
Footpri nts on t he sands of time. ..

''''

LEG.\L PROfo'lo:SSIGN

ARTICI..ES ON THE LEGAL PROFESS IO:'i

Youn t: Lawyers Move On . . S h ar e in

the Unfolding of the Uivine P la n"

like them, vested with singul a r task of furthering the goa ls of

the profession a nd carryi ng on its best traditions. But, unlike
thorn , you also bear as new lawyers of t his millennium the
responsibility of linking and reconcilin g these time-honored
beliefs, values a nd practi ces with th e insuperable demands of a
modern world in the th roes of t ransition a nd cha nge.

By
H o n . Josue N. BclJosillo
Th e Honorabl e Chief J us tice and Associa te Justices of t he Court,
Mem bers of th e 1999 Commi ttee on Bar Exami nat ion s,
Law Deans a nd Law Professo rs,
Th e Successfu l Exa min ees , thei r Paren ts , Rela t ives an d Fri ends.
Distinguished Gu ests, Ladies a nd Gt'n tlemen.

MAY IT PLEASE THE COUltT:

Five (5) yea rs ago, R S Chairman of the 1995 Committe e

on Bar Exam ination s, I wa s pri vileged to address the newest
mem bers of the Philippin e Bar. Thday I am Cha innan again,
by specia l manda te, a nd the occa sion repea ts its elf this a fte rnoon as I appe a r before this elite ba tch of young men a nd
women preordained by so me cosm ic design to bec ome t he first
Filipino la wyers of the thi rd millennium .

Let me then welcome our new brethren to the fraternity

of the law - this preeminen t, exa ct ing a nd excit ing profession wher e many aspire to belong but to wh ich only a chose n
few a rc admitte d, It is a profession tha t has behind it a history of nobility a nd greatness , respon sible for providing rhyme,
order and reason to this restl ess world. Its imma nen t involvement in matters of the mind and s pirit , its obses sion for truth
a nd j ustice, a nd its que s t for a better life for a ll, are its core
philosophies that de a l with th e essentia lity of man himself.
May I especially address therefore ou r New Mem bers: You
a rc a re now welded to the se sublime ideals, as a ll oth er advocates and min isters of the la w in the past had been. You a re,
' Add reN" cl,,!iv('n>d by Semor M s . Ju"t ice Jo"ue N. Hell08illo, Ch airm an , 1999 Com m it ...... on lia r Jo:xam inationll, on th e OlXa sion of t he O athTh kin j( of the S uCt"ellllful 199 9 Hilt Ca ndidawa he ld on 3 May 2000 at 3 o'clock
in the afternoon I<t th e Pic e Plenary Hall , lto xa s Hlvd., MIa. (Pu hliNlwd in
The l.awyt.>t'S IWvif!W Vol. XIV, 30 J une 20001.

I t'l

These are troubled a nd troubling ti mes. Barely ha s the

dust of the new millennium settled when ma nkind a lrea dy
appears to be hurtling towards Borne u nknown destination ,
irresistibly propelled by forces revo lutioni zing human thought
a nd behavior in ways unforeseen a nd in com prehensible , a nd
th e instit ution of the la w has not been s pared of the effe cts of
this extraordinary phenomenon. Th e manifold discoveries a nd
a d va nces in science and technology that a ffect the practice
and administration of the law have already caused pe rmutations in juridical principles whi ch in the pas t only belon ged to
the realm of the improbab le and unimagi nabl e.
How then have lawyers been cond ucti ng t hemsel ves to
res pond to the impo sitions of these crit ical times? The evolution of the practice of law as a fonn al institution ha s indeed
been remarkable for the past eight (8) centuries. Since t he
time law practitioners in 13th century England were granted
the right a nd privilege of appea ri ng befor e th e courts to the
exclusion of all other ad vocates, the profession has e ndeavored
to a dhere faithfully 1.0 its duty of up holding the law a nd living
greatly in it .
The lawyers th en, by dint of their sacred tru st. were
cons ider ed a political aristocra cy, a class by themselves, a
su pe ri or breed of learned and dedicated individua ls . They
helped shape and formulate norma of behavior which by con stant ap plicat ion gradually deve loped into a n effective mecha ni sm for social regu la tion , in teraction a nd d iscipline , Lawyers
were the n held with mu ch res pec t and reverence so that into
their hands was commit ted humanity's fin a l deli verance from
inequi ty and oppress ion.
Over the years however, man's prima l admira tion if not
reverence for the legal profession gradually waned. A tectonic
shift in the public perception of lawyers ha s developed , a n d it

152

I. EGAL PROFESSION

is not a coveted image to beh old! Time was when la w, medicine and th eology formed the classic triad of learned disciplines, each ministering to a ba sic concern of man - jus tice,
life and death. But one wonders now if law ia stil l part of that
triumvira te of a ncie nt professions. For its seems to he th e
fashion these days not onl y to a scribed to the law profession,
righ tly or wro ngly, the grievous si ns of falsehood, greed and
inju sti ce, bu t even to assail a nd undermine its worth.
Deside ri us Erasmus once said that lawyers were "the
most learned species of profoundly ign orant men! " An d an
epitaph on which wa s written, "He re lies a la wyer a nd a n
hon est man," elicited the wry obse rvation tha t times mu st
indeed he hard for t wo (2) person s to be buried in t he flame
grave! The implica tion of these , sad ly enough, is that the re
has been a virtua l abandonmen t by lawyers of the noble tenets of their profe ssion that endowed them, in the first place,
with mora l a scendan cy and suasion over their fellowmen .

.My friends, we ha ve to commit oursel ves to pursue our

calli ng in the great trad ition of those who came before us wit h
utmost rationa lity, honesty, integrity and dedication . In this
light, I urge you to he lp s et the ton e from hereon for the new
practice of law and be a cti ve participants in th e lofty endeavor.
Red irect its course and raise it up to the pedes tal it once
occupied, a nd recapture the glam ou r, the elega nce, the enchant ment of the lega l profession.
I have trepidations when I talk about enchantme nt in
the disenchanted society. But, given your yout h, you r vitality,
the "fire in your be lly" in the word s of Holmes, a nd your fresh ,
untrammeled and uncorrupted vis ion of th e future, yo u can
transform this inert knowled ge, as it is in your power to do,
into a kinetic, living Jaw a nd help re invent the la w profession
into a potent defender of truth and authen tic purv eyor of
justice.
Bu t , you m u st fir st recon st ru ct yo u rselves b y
deco nstructing you r li ves . Reject a nd discard wha t is wro ng,
wicked a nd false. Cente r in stead on what is cent ra l a nd es se ntia l to man. For the overall effect of a life well lived , accord ing to Tho mas Moore, is a transform ation in culture, a

ART I C;I.F ~

ON TilE

l.l~r.AL

P" OFl-;S."'ION

1!53

deep reorie ntation away from the im peria l he roics of prowess

and fut urism towards an a ppreciation of a rich past an d the
renaissance of a n old wisdom.
It is therefore imperative for the profession to di stance
itsel f from the sed ucing in fluence of pSRRing wealt h, fa me and
glory, a nd ret urn ttl the imm ortal virtue s of Truth , .Iustice,
In tegrity a nd Love. For these a rc ma tte rs of mind a nd spirit
with wh ich the practice of law is essenti a lly in te rt wined .
There fore , re solve not to be pa rt of the transg ression s inflicted
by me n u pon men; resolve not to ca use the afflictio ns lh at
in fest socie ty a nd the law profession ; d eve lop among you rselves II u nifo rm sense of ou trage for what is false a nd wha t
is unjust, a se nse of u nity a nd cohe rence in the practice of law
by focusin g not only on your own se lf bu t a ls o on socie ty, on
ma n a nd hi s fu nda mental ri gh ts .
If you center you r goal a nd happiness on ly on obtaining
a bachelor 's degree in Law, a nd even pa ssing the most difficult Bar Exa mina tions, you r life may s im ply end ther e, for
you de rive your identity a nd the meanin g of your existence
only from a la w dipl oma a nd a certificate that you pm.s the
Bar. Pa thetic and tragic ind eed that this early you should
cea se to exist! You must refu se to di e; you must refuse to give
in ; you must refuse to give u p. You mus t ra ge and rebel against
narrow a nd se lf-seeking concerns. Widen you r vision in stead
and expand you r goals outward - from self to family to cornmunity to coun try a nd ul tim a tel y to all me n - like co ncent ric
circles from t he ripples of a sto ne cast into a lake.
Young law yers, mak e a good a nd me nningful start, the n
move on a nd sha re in the un folding of t he Divine Plan for the
wh ole mankind . For it is only in shari ng with others you r
spi rit . you r hea rt, you mind, you r soul - by giving strength
to the weak, voice to those who ha ve non e , and hope to the
hopel es s - that you will fin d genuine mea ning an d su bsta nce
in the la w profession . Then you will k now - tru ly know wh a t it take s to he a n authe ntic lawyer. And when you do, you
will become The impossib le possible Philoso pher's ma n,
The man who has the ti me t o t hink en ough ,

ARTICLES ON TIl E lGAL PROF ESSI ON

154

IS!)

LEGAL PRmT.S.<:;ION

EVal ues for L awyers-

The central man, the human globe, responsive

8 S a mi rror of a voice, t he man of glass
who in a million diamonds s ums us up .
Congratulations and may God be with us -

a lways!

Uy

Justic e Artemio V; P a nganiban

May I begin by congratulating your new president, Atty.

Emilio C. Ca pulcng J r., and the other officers of the Calamb a

City La wyers League on their induction tonight.
It is sa id that Supreme Cou rt justices are better read
th an h ea rd . For thi s reason , I try to limit my publ ic appearances. But I cannot t um down t his invita tion of Componere
Capulong , because J want to encourage h im in h is crusade to
usc hi s legal knowledge, not for person al honor or p rofit , but
for t he benefit of th e undcrprivilege and th e oppressed. A
leading light of Bantay Kat a ru nga n and K ilosbayan , Atty.
Capu long eq uates hi s being a la wyer to h is being a se rvant of
t he Lo rd. Hi s dual loyalt y to the la w of hum an beings and to
t he command ments of t he Lord is, in fact, the in spiration for
my address tonight .

Trul y, it h as bee n said t hat t he legal professio n m ay be

lik ened to a religious vocation . I believe t hat t he adage "Ma ny
are called but few are chosen" has relevance to lawyers a nd
clergy a like. Indeed, the road to t hat elusive title of "Atty." is
no easy pa t h to t ra verse. Fe!' it dem ands pa t ie nce, persevera nce and prayer, much lik e the virtues r eq uired of the men
and women of the Church. Th e st ri ngent trainin g in law school,
t he extensi ve preparati ons for t h e bar exams, a nd the agonizin g wait for the bar resul ts a ll form pa rt of that one great
experie nce every la wyer must inevitably go t hro ugh. Similarly pri est , pa stors, ministers, rabbis , imams and other religious ecclesiastics must pa ss t hro ugh rigorou s stages of education, t raining, sac ri fice a nd soul-se arching to become worthy leade rs of their faiths .

' Add rt' lIll delivered bydustice Panganibun. as b'UCllt of h oner, during
the ind uction of office rs or th e Cala mba Cily La wye rs League he ld on Au/{tUI t
24 , 200 1, at t he Monte Vista Soc ia l Hall , Punsol, C a la m ba, Laguna , cPu,,"
lished in UII! La w yere Rev iew, Vol. XV, Se pte mbe r 30 , 200 1),

u ;r. AL f'HOFFSS ION

ARTICLES ON TIl E U ;GAL PROFESSION

Allow me to pun;uc t he paralleli sm even further by saying that la wyers, j ust like th eir reli giou s counterparts, should
be looked upon wit h res pect, ve nerat ion and esteem . Or are
they? Can we possibly eq uate the stat u s of lawyers with that
of the holy men ? Does the a p parent symmetry between the
leg al a nd the rel igious profession s crumble aga inst the realization t hat la wyers a re not ex actly a n admi red, a dored or
a d ulated lot?

or other fields of en deavor, the image of a la wye r is certainly

far from exem plifying the quintessential ma n or woman of th e
Church. And so you a sk, why th e compa rison?

156

In his book, Happiness 1,'0 A S erious Problem,l Den nis

P rager says: "[Mlany people who graduate from law sch ool
a re wor se human bei ngs than they were prior to enrolling .
Why? BL'C8use la w school te ac hes students to stop thinking in
mo ral te rms a nd to sta rt thinkin g in legal term s to ask ' Is it
legal?' Rather than 'Is it right',"
Closer to home, former Senate Pre sident Mr. J ovito R.
Sa longa , a legal giant a nd highly este em ed s ta tesma n, buttresses this observation. In a speech- before the In tegra te d
Ba r of the Philippines, Rizal Cha pte r, he observed : "LT]he rc is
wi des pread cynism about la wye rs in gene ral and the prevail in g beli efs is that there are too man y la wyers for the public
good." B e ru es that whereas "before ma rti al la w, most presidents {in ou r country] were la wyers , no lawyer has been chose n presiden t since Ferdina nd Ma rcos" - a ba rometer of how
low public esteem for our brethren ha s sunk.
Admittedly, th e depreciative percep tion of la wye rs has
al ways bee n a cause for conce rn. Yet it seems to be a pe re nn ial problem with no foreseeable solution. Indeed, many lawye rs are look ed upon with cynicism, consternation and even
conte m pt, es pecia lly when they are depi cted 8 S scheming, insidious an d unscrupulous pro fessiona ls whose primary concern is winn ing battles , me rely for the sake of posaeesion a,
power or prestige. Worse, they a ppea r to thrive on t his pre..
concei ved notion and actua lly live the derogatory ste reo type
to the hilt. Be it in the a re na of politi cs , business, law pra ct ice

Ill a rpl' r Collin". 1!:I98 ed.: see -Here '8 a n Idee : IA't '1I lle an 1I11 1..awy.-ra,"
7hd o.l' , AU f{UIlt 19, 20(H . p. 7.
2KI/"sooyu n M n!o:a l;' U', A U/{Ullt 2 00 1 i llIlUf', p. 57.

157

This see mingly "irre vere nt and irrecon cilable" ana logy,
although initia lly hard to compre hend, will be rele vant to those
who, like Atty. Capulong, consi der the legal profession as a
vocation or a calling in itself. In an y case , we ma y a s well
treat our work with a s much convict ion a nd pa ssion as reli gious cleri cs cheri sh theirs. More important, I a m sure t hat
there a re many of us who wish to venture into the journey of
life not on ly in the ways of the law, but in th e way s of the
Lord a s well.
Certainly, it would be unfa ir, if not imposs i ble , to im pose
the priestly vows of obedience, poverty and ch a stity on lawyers. I ca n e n umerate a nd expound on some of the reasons
why, but I am sure you already have a mill ion and one an swers to why we j us t can not embrace such vows. Let me instead share with you t hree (3) fundam ental princi ples whi ch
have come to be the cornerstones of my profess ion al a nd pereonal life. These rudimen ts ha ve consistently u nderscored my
speeches, because I be lieve that. they are timeless a nd ind ispensable in this brave new world of technological a dvancement, mod ernization a nd globa lization. Allow me then to discuss the important values whic h I refer to a a the three E's;
namely, excellence, ethics and eternity.
Excellence

Excellence in the conte xt of th e legal pro fession m eans

more t ha n j ust knowl edge of t he law, mastery of legal procedure, and tale nt in maneuvering courtroo m batt les . It connotes not merely professi onal competence or the a bility to
develop legal skills to a n opti mum level. More than these, it
involves taki ng responsibility for the consequences of ou r actions, bei ng s incere in our intentions and ma king a differe nce
in the liyes of ot hers.
In our line of work , we arc faced with di fficult qu estions
an d controversia l issues, which requi re not only the a pplication of the law, but t he discernment of wha t is right , so that

LEGAL PROFESSION

AlnICLES ON THE LEGAL PP.OF'F~"""l0~

j ust ice in its truest se nse may be rea lized. In ou r qu est to

de fend or prosecute, we find ourselves in an introspective
examination of our beliefs, prin ciples a nd moral s vis-a-(,i,." the
goa l we seek to attai n. Ul ti ma te ly, our motivation should be
directed to the end that our conscie nce can rest ea sy in knowing that genuine justice had been rendered.

stance, lawyers s hould not en ga ge in unl a wful , dishonest,

imm ora l or deceitful conduct." Nei ther should they be pa rt of
a ny activit)' a imed at defi a nce of t he la w or at les se ning confide nce in the legal system ." Moreover, they must a lways try
to en courage a fai r settle ment of controversi es as wou ld admit
of a proper d ispens ation of justice for all parties." In deed, th e
practice of law is a privilege gra nte d only to t hose who possess the strict intellectu al and moral qu alifications r equired
of la wyers as inst ru ment s in the e ffective a nd efficient admin istration of'juatice.? Thi s privilege is bestowed by the State on
those who sho w that they possess . and continue to POS SCflS ,
the qualifications required by law for the confer me nt of s uch
p rivi lege.f

158

1b many, this a ttit ude may seem like a virtual surrender

of the "astutely asse rtive attitude" commonly possessed by the
typical success-driven lawyers. On the ot he r han d, let me just
say that we can never truly achieve th e success we as pire for
unless our minds , our hearts a nd ou r souls arc a t peace. For
wh en the days are done an d all is gone, we will come to
realize that short-lived gains in this earthly existence cannot
compare with the rewa rd s tha t awaits us yonder.
Another attribute of exce llence ill devotion to work. Lawye rin g has a lways been viewed as a dignified, prestigious and
lucrative vocation. As a matter of fact , man}' lawyers will
readily admit that honor, prestige a nd mon ey were the most
influential factors that le ad the m to pu rsue a career in law.
Sad to say, very few are in it for the a ltruistic feeling of being
able to help in the ad ministration of justice, which should be
the foremost respon sibility of every la wyer. Such distorted
perceptio n of t he legal profession has led many of our professiona l brethre n astray and, consequently, paved the way for
the proliferat ion of t he so-ca lled "rotten feW' amo ng our ranks.
Indeed , t here is no substitute for hard work a nd determi nation, which charac terized all successful me n a nd women,
of ages past and present, in the Philippine s an d around the
world , But these efforts should be infused , not with a desire
for power or weal t h or acclaim. Ra ther, la wyers shoul d find
inspiration in t he very nature of their profession and adopt a
sincere outlook towards settling disputes, providing legal services and upholding the rule of lew,
Geared towards this end, some pertinent guidelines a re
provided by the Code of Professional Responsibility- For in-

% ill Code waa prlHnu!gat.ed by the Supreme Court on June 21, 1988.
It wall initi a lly drafted by t he lntegnt.ed Ba r of th e Phihp pinee ' Committee
on Responsibility, Disciplin e and Disbarment composed of Dean Irene COrte8

159

No less than ded ica tion, fervor a nd pa ssion should characterize our attitude tow ards the profeseic n . More t han the
egoti stic motivation of personal achievement, the dignity of
the lega l profession should be the primord ial consi deratio n in
a ll ou r undertakings. Indeed , the Code of Pro fessiona l Re s pons ibility mandates t ha t a la wyer shall a t all ti mes uphold
t he integrity and d igni ty of the legal profe ssion ."
As lawyers, we arc give n so much opportu nity to make
a difference in our comm unity, in our country an d in the world.
Indeed, there is so much t hat ca n be done a nd the re is 80
much we can do. Unfortunately, our idea lism and exuberance
a s young lawye rs to "ma ke a difference in society" soon dwin die into not hingness. This ha ppens wh en our concerns suddenl y shift to climb ing the corporate lad der, maki n g "big bucks"
and get ting head in ou r chose n career, These as pirations , al-

as Chirrnan; and JU8tiC(' Cllrolillll-Grifio-Aquino,AUya. Gcnaalc W. Gon ulfOS,

Ma.ulo B. Fernan , Camilo D. Qu illllOn . JOlie F. ElipiOO88 a nd Carmelo V.
Sison lla membe r a; wit h fomwr Ch ief Just ice Hob..rto Concepc ion and form er
.Ius tjce J Olie D.L. Reyes 8 S consultants; and I' rof, Myrn a S. Felician o and
Atty. Cono-pefon LiIl1..J arddl ~ 1I a s fClIOUrTI' per'llllllM.
4f',ode of Pmfeseional ,'"~nsi bility, Canon 1; RlIlt' 1.01.
nu, Rule 1.02.
nu, Ru le 1.l}4.
11" R~: AI Argollino, 2H2 SCRA 24H. Novembe r- 28, 199 7,
!Arri l'ta v. Lloea, 282 SeRA 248, Novembe r 28, 199 7.
nu. Ca non 7.

l Jo:GAL PROFf;SSION

ARTICU;S ON TIl E I.EGAL PROn:SS)o =--

th ough well-m eaning a n d justified, should not, however, be a

con venie nt s u bterfuge lo renege on our duty to hel p th e un de rprivileged , champion the cau se of the oppressed, a nd ensu r e proper observance a nd resp ect for th e law by all-ri ch or
poor, nobility or commoner, renowned or na mele ss.

always be faithful to the ca use of their clients a nd bo mindful

of the trust a nd confidence re posed in them.l- Also, they should
observe candor, fairness and loyalty in a ll their dealings and
transa ctions. IS Com petence nnd diligence should cha racte riz e
t he kind of work they do for their c1ients,16 whom t hey re prese n t with utmost zeal within the hounds of the la w.t? Comin g
in even a further third a re the pe rsonal interests of the lawye rs. which at a ll ti mes mu st bow to the deman ds of fiducia ry
rel ations with the clien ts , and, more impo rtant, to the exacting standa rds of j ustice as a d minis te red by the courts.

160

Accordingly, la wyers s hou ld make their legal servi ces available in an efficie nt a n d con ven ient ma n ner compatible with the
independence , the in tegrity a nd th e effectiveness of'the pr ofes sio n. IO E xcept for valid rea son s th ey must not rej ect t he ca use
of the defen sel ess and the oppressed!' or withh old their se rvices from the nee dy.12 The blessin gs we share with others and
our good deed s that mak e a better world will live in the memory
of those we have helped , lon g after our personal ga ins and triumphs sha ll a lready be en lost a nd forgot ten.

Ethics
A discussion of the va lue of ethics would a ppear to be out
of place in this speec h, consi deri ng that we are a ll a ware of
the Code of Professional Responsibility. After having taken
legal ethics in law school a nd in the bar exams, we a re , in fact
presumed to know the conte nts of the Code (a t lea st its esse nce) by he art. A perusal of its important provisions will
provide guid elines on how to conduct ourselves a A lawye rs or
jurists. Be that as it may, let me just em phasize the hi er a rchy
of respon sibiliti es , whi ch should always be observed by all
lawyers in the performance of their duties.
It must always be remembered, fir st a nd foremost, that
lawyers are officers of the court with th e prima ry duty to see
to it that justice is served . 1b be sure, th ey sho uld exert effort
and cons ider it their duty to aseiat in the speedy a nd efficient
ad minis tratio n of j us tice .13 Thus, the interest of thei r clients
comes in a far second, ever subservient to the ca use of j ustice.
In thi s con necti on, it is impo rtant to note th at lawyers should
IOIbid.;
IIIbid.;
12Ibid .,
IaIbid .;

CarlUlI 2.
Rul t' 2.0l.
Ca lion 14.
Canon 12.

16 1

Frankly spea king, I se ri ously dou bt whethe r this threefold responsibility of lawyers is still bein g observe d by eve ry
one of us. I have come acro ss se ve ral cases involvi ng lawyers
who seem to have understood the hi erarchy of res pons ibilit ies
the other way a round. AB a matter of fact , some of the m have
com e to believe that their inte rest comes firs t , next is the
interest of their clie nts; a nd la stly, if a t nil, the inte res t of
justice .
For the guida nce of the bench a nd the bar, let me j ust
clarify that the Supreme Cou rt has not issued any ci rcular or
memorandum revers ing the lawyer's hierarchy of r-esponsib il'itie s . I hope thi s se rves as a reminder to all , lest you be deluded by th e actuations of some of our mis guided colleagu es.
Suffice it to say th at the Code a nd the Canons hav e be en
formulated and promulgated for the good of the legal profession and its mem bers . They a re there for the convenience, the
protection and the service of a ll lawyers. Accordingly, we owe
compliance, therewith, not only to ourselves a nd our peers ,
but to the profess ion a nd the cou ntry as well.
The va lue of ethics, which proce ed s frum personal integrity, moti va tes us to act in a ccordance with wha t ill true a nd
hon e st reg-ardless of personal conseque nces. Th act with in tegrity is to act with moral coura ge. In t hese times of material -

l'Ibid .; Canon
I ~Ibi(I. ; Ca non
15Ibid.; Canon
17Ibid .; Ca non

17.
16.
18.
19.

If>2

LEGAL PROFESSION
ARTICLt:S ON TilE LEGAL PROFESSIO:\

ism and self-aggra nd izemen t, it would he encouragi ng to know

that there are still so me who hav e suc h integrity to ri se a bove
th e perverted norm s and di storted structures that ha ve degraded our noble pro fess ion . Undoubtedly, this transforma tion
requires not only a change of philosophy but, more important,
a change of heart. For onl y one who is pure of heart and clear
of mind can act with in te g rity.
Still, t.here is no better ya rds tick to gauge prope r a d herence to ethica l standards t han one's se nse of right a nd wrong.
AI:. bei ng brought into this world by the grace of Gild, we are
inhere ntly possessed of a ge ne ral discernment of wh at is good
a nd wha t is bad . Althoug h va riable influe nces like education,
expe rience and exposure m ay ha ve affected this d iscernment
through the course of OUT lives , we re main essentia lly good, Godfea ri ng a nd just. And if we rem a in true to the reality that we
a re mere creatures of a God who is infinite ly good, maintaining
ethics in our professi onal undertakings would en tail n o effort
a t a ll.
Eternity

Fin ally, let me share with you the third E of the 3E

va lu es formula , which is eternity . No matter how the world
t urns or how civiliz ations progress or how events affec t our
very existence, neve r for m oment think th at our lives on earth
a re the only ones we ha ve . Rather, believe that there is life
after death, t hat the re is etern ity where OUT fina l desti ny lies.
I dare sa y that t he since re acce ptance of this reality will
dramati call y transform ou r e nt ire value system, a lter our
behavioral pa tterns a nd bri ng us to a ren ewed enlightenment
of wh o we rea lly a re.
Just as there a re h u ma n a nd physical la ws, there a re
a lso spiri tual la ws . And just as there are conseque nce s for
violations of hum an a nd physical laws, there are pen a lti es for
the tran sgre ssion of God 's comma nds . Regard les s of color or
creed, we are all bound by a common faith in a Supreme
Be ing who watches over us, silently liste ns to eve rything we
say, and quietl y witnesses everyt hing we do. Our recogni tion
of a tra nscenden tal omniscience will kee p us eve r so vigila nt,

163

cautio us e nd mindful of the fundamen tal teachings of \\iS 4

dom , ri ghteo usness a nd j ustice whi ch a re essen tially common
to a ll fa it hs . Th us, it is only when we place God a t the cente r
of our lives that we ca n t r-uly achieve a com plete understand ing of wh a t is true a nd just. In eve rything we My, everything
we do , end everything we are, He must always be there.

Let me assure you , Ind ies a nd ge nt leme n, tha t God is

present with us today, he re and now in this very place . He is
amongst us to embrace u s, above us to ins pire us, before u s
to lea d us , be side us to gu ide us , beh ind us to protect us and
within us - in our he a rts a nd our spirits - to bring us to His
Everlasti ng Kingdom .
EPilogue
On the whole, the va lues I ha ve dis cussed may se rve a s
mere guideposts in your search for success a n d fulfillm ent in
your respecti ve careers. I do not claim to have nil t he a ns wers
to the perp lexing questio ns a nd mind-boggling iss ues inherentl y involved in your wor k as la wyers . The methods of your
pra ct ice a nd the manner in wh ich you conduct your bu siness
may be as effective a nd reliab le as you think . But then, you
ca n neve r tell if a little change ca n make a big differe~.
AB for my initial proposition of compa ring the vocation of
la wyers with that of faith Ieeders , I stand firm in my belief
tha t the legal profession can be on a level with a ny othe r
pontifi cate insofar as EXCE LLE NCE, ETH ICS and ETERNITY a re concerned. J ust as there a re great a nd noble men
e nd wom en of the faith, so a re there great and noble men a nd
women of the law. As long as we uphold t he digni ty of the
profess ion , pu rsue the cause of just ice and promote res pect for
the rule of la w, wit h God at the cen te r of it a ll, we can be holy
in a "not eo-holy" profession. H ence , if there is t ru th to the
aphorism that "sa ints are sinners who keep trying: Then I
say un to you a ll: let us begi n our j ou rn ey to sainthood! With
Gild's g race and wit h our habitual pra cti ce of excelle nce , et hics and eternity, we may just ma ke it a fter a ll.
Thank you and good day !

..

"'ON

U :GAI. PRQt' Jo;,S..

Lawyering @ Century 21:

Globalization, ICT a nd t h e Legal P rcte s aion"

By:
Atty. J ose Vietor V. C han -G onzaga"

INTROD UCTIO N
In 1999. when Olivetti s udde n ly took over Telecom Italia ,
not only were the fina ncial peopl e commuting to and from
Turin an d Rome; ra th er, t hey we re joined by lawyers from
British an d American law firms lik e Sulliva n & Cromwe ll a nd
Herbert Sm ith. Han d in hand with the Ita lian la wyers of
Eredee Aesocia ti, these foreign la wyers collaborated on such
issues as a ntit ru st a nd regula tory matters.

Just the yea r before, in 1998 , when Daimler-Benz was

negotia ting its merger wi th Chrysle r, t h ey were a dvise d not by
Germa n firm s, bu t by th e local office of S h earman & Sterli ng, a
law finn based in New York City. and who advised them on
German la w.3 Globa l com pa nies , She a rman managing partne r
Stephen R. Volk was qu oted a s saying, wa nt global la w firm s.'
Investment banki ng. Insu ran ce, Accounting. Advertisin g.
These are only some of the majo r a reas which ha ve now been
dominated by a few transnational giants - mostly Bri tish
a nd American . Now it a ppears, it is the turn of t he legal
profession , or is it legal trad e?

IMPLICATIO NS
Natu re of Practice of Law
Developmen ts a rou nd the world today can be rea sonab ly
expected to change the way we pe rceive the nature of la wyering, or even in defi ning the pract ice of law.

'Published in th e LawyE"f'lI Re view, 3 1 J an . 200 1

Prof. Cha n-GonUKa teache s Law on SUoee;llIlon. I ~Kal Writi ng a nd
Lega l Profellllion, at th e AU-nell Law School.
:!William Underhill, Lorlil Arm of I ht' L..aUlJi'rtI. !'it'wllwf>ek 36 (7 J u n..
1999).
ild.

ART IC Ll-:S O N TilE I.EGM... P ROn :SSION

165

We take our bearin gs aga in from Cc vet ono v. M on.,<;od.5

You will reca ll that in that case, the S u pre me Court wa s a sked
to constru e or defin e the clau se "pract ice of law," in regard to
the cons ti t utiona l requirement that t he Chairm a n of the Commission on Electi ons mu st have been in the practi ce of law for
te n yea rs pr ior to his appointmen t.
As a backgrounder, it may be wise to recall some of th e
establis hed j urispruden ce prior to the 1987 Con stitution. In
In re Del Ro..;;a rio,f" it wa s simply equated with membe rship in
the Philippine Ha r. In the celebrated ca se of PLA 11. Agrava ,7
whe re it wa s an issue as to whether a ppe ara nce before the
Patent Offi ce , a nd preparing an d prosecu t ing pa te nt applica tion s thereat were practice of law, th e S u pre me Court, speaking through Mr. Justice Montem ayor sa id :

"In ou r opinion, the practice of la w includes

suc h a ppearances before the Pa tent Office, the r epresentation of applica nts , opposito rs a nd other persons , and t he prosecu tion of t heir a pplica tions for
pa tent, their oppositions the reto, or the enforcement
of thei r righ ts in pa te nt ca ses."
Six yea rs la ter, in 1965, the Co urt sa id in People e.
Villanu eva 0 21 Phil. 894 ), th at "pra ctice is more than isola ted a ppeara nce , for it consists in freq uent or cus tomary
actio n, a succession of act s of the sa me k ind." Thus, in absolving a prosecu tor wh o a ppea red ua priva te prosecutor in 8 crim ina] cas e a nd wa s charged of pract icing- law without the J ustice Secretary's permission , the Cou rt e m phasized that "practice of la w . . . h a s been interpreted a s customa ri ly or habituall y ho lding one's self to the public 8 S a la wyer a nd demanding payment for s uch se rvices."
Cayeta no 11. Monsod , however, ha s broa de ned nnd libera lized ou r unde rstand ing of the meaning of "practice of law,"

&20 1 SC RA 2 10 (1991).
' 52 Phil. 399.
7105 Phil. 173.

166

U :GAL

PHG F~SSI ON

by introducing a n a lleg-ed "mode rn COOl"Cpt." The court li.b:cr:.

a lly defined practice of law as "any activity, in or out of court,
which requires the application of law, legal knowledge, trai ning and e xpe rie n ce. n8 Generally, th e refore, to "pract ice la w is
to give advice or render a ny kind of s e rvice involving lega l
knowledge or s k ill.'? It includes the me re p re pa ra t ion of legal
instruments a nd contracts with which legal rights are secu red,
which mayor may not he pending in co urt.P
It is evident from t he foregoing, t h erefore , t hat even if a
foreign lawyer(s ) does not a ppea r in Phi li ppine courts or agencies, for as long as his relation ship w it h a f ili pino, whethe r
an individual or a corporation, entai ls t h e application of la w,
legal knowledge . or legal train in g, then he would be considered a s being in the pra ct ice of la w in the Philip pines. And it
seems that in respect to how practice of law is curren tly defin ed by j urisprudence, eve n advisory services on internati onal
law, conflict of laws a nd perhap s even foreign la w, would be
considered pract ice of law, if done within the territorial bou ndaries of th e cou ntry.

Ma tters a rc more com plicated in the inte r-connected world

of tod ay, where it becomes relevan t to bear in mind the lack
of defini te clarity with respect to the tran sactional situs in
case a la wyer in Boston, for exa m ple, a dvises a Filip ino corporation entering into a merger with B Washington corporat ion, but only through the inte rn et.
A com plication, therefore, a rises i n view of the Phili ppine Constitution's rule that only those ad mitted to the Philip pin e Bar a nd are members of good standing thereof, may
practice la w in the Phi lippines . While it may be a rgued that
the foreign lawyer is not pract icing lu w in the Philippine s
si nce he is not physically pre sent or is giving advice on ly on

!Note, how.. ver, that lila early all 1959 in Phil. lA w)'f'r1' A, s. v. Agrova
(l05 Phil. 1731, t ..... Court a lread y de fined "practice of la w~ in the conte xt of
interp retin g'and applyi ng la wlI a nd lega l prtnciples, an d 1I1,p lyinj{le!l"al know l
edge and train in j{.
vRu lX"n AlWa lo, Lega l l<:thics 28 .
IOUlep v. 1" '1':111 Clin k , Inc., 223 SC RA 378 ll993l.

AHTICLES ON THE LEGAL

r~OFESSION

167

inte rna t .icna l Iega l issu es, suc h argument may be inco nsisten t
with the ra t ional e for requ iri ng prior a dm is sion to the bar
before being a ble to pra ctice. Th e rigid r equir ements and conditions are not in tended to create a monopoly in the lega l
profession .t ! Rathe r, it is to p rotect the public, the court. the
client and the bar from th e incompetence a nd dishonesty of
those who are unfit to become members of the legal profes sion.12 And incompetence and d ishonesty a re lik ewise rele va nt
evils that the State will have eve ry right to guard agains t maybe espe cially so - in cases whe re t he advising counsel is
a foreign er who is abroad.
It cannot be denied a lso that in view of the in ternati onalization of a number of legal conce pts a nd issues. local clie nts
have to d raw more a nd more on the expertise and experience
of foreign law firm s, particula rly with respect to issues on
internation al Bale, t rans-continental, multi-modal trane portetion , a n ti-trust an d regulatory ma tte rs, multi-jurisd iction al
taxation , and eve n simple choice-of-law consi deratio ns .
This wri ter is not necessarily arguing, however, that the
said 'p ractice' be mad e illegal or irregular. It is merely p roposed that it is a phen omenon 'P t ha t s hould be recognized as
extant a s soon as possible, if only to provide for the proper
framework in wh ich "the public, the cou rt, the clier.t a nd the
bar" remains adequately protected,
Wh ether, therefore, it is a case of a foreign lawyer
'pr acticing la w' in the Philippin es hy eithe r coming here or
sending a dv ice through the internet, it is su bmitte d that globalization a nd tec h nology shall one day force th e Court to reexa mi ne simple tra ditional issues like "pr a ct ice of law" in a
milieu that shall make Cayetano u. Monsod see m lik e a k inderga rten lesson.

IIAgpa lo , , lj Pro note 9, at 35 .

121n rt' C u na na n . 94 Phil. 534 (1954 ) lind

PAFLY v. Binalbaga n Iea bela ,

42 Se RA 302 097I).
l3The departure or the inte rna tio naliza ti on of la w rro m the trad itional
ecncept of practice of law discussed in a Bu sines8 S tar article on e mergiOI':
t~nd 8 in corporate la w pracnee ( 11 J an. 1989) wh ich t he Court lIubB ta ntiaUy
re produces in the Caytano v. MOflm ponencia.

166

LEGAL PROFE SSION

Profession or Track ?
It could also become necessary to determine whether in
t he worl d created by the digital revolution, the practice of law
shall rem ain a "hallowed profession ," or mere ly a "tradeable
service."
At th e ou tset, it should be empha sized that this section
is relevant only to a situ a tion wh ere no commerc ial presence
is yet al lowed in the loca lity.14

Jurisprudence has clearly established that th e law is

neithe r a trade nor a craft. bu t a profession.P The fulfillme nt
of the 'professional obligation' requires tha t professional standa rds be constantly imb ibed by la wye rs a nd that the ru les and
ethics of the profession be embodied by a body of ethical principles . AJJ such, a n attorney possesses specia l powers of fidu cia ry t rust reposed in h im by hi s clients. Thus, in 8 limited
sense, he is an officer of t he courts, whose inti mate relations
with the latter is described in S alcedo u. Hernandez ,16 as being
that of a priest of justice.
The practi ce of law is a profession, a form of public trust,
the performance of which is e ntrusted only to those who a re
q ualified and wh o possesses good moral chara cter.J" Th e profe ssion al spi ri t, the refore, - the spiri t of public servi ce constantly curbs the urge of the profit instinct. Thus , as lawyering is constantly described, it is a matter vested wit h public
interest. Dean Roscoe Pound e mphasizes that it does not cease
to be a profession just because it a lso hap pen s to be a means
of livelihood.
On the othe r han d, the provision of legal services would
come under the purview of the Gene ral Agreement on Trad e
in Services, since the term <servi ces> is defined by the GATS

14 11 may be presumed that if there is commercia l pre sence already,

then the Govern ment may req uire that the fo~ign lll wye~ pl"1leticing Ioeally
should come under th e su pervision of the appropriate authorities.
15Director v. Bayot, 74 Phil . 749 ; In I? Tagordll , 53 Phil. 37; lind People
v, Debe n, GR 31429, 21 Jan uary 1972.
1'61 Phil. 74 (1935).
I1Agpa lo, su.p ra note 9. at 12 .

ARTICLES ON THE LEGAl. PROPESSION

16'J

as any se rvice in any sector exce pt those su pplied in the exerci se of governmental authority. IS Unde r t he classifica tion
devised by the WTO Secretaria t, legal se rvices would fall under
the Bueinese Services, which inclu des p rofessional servi ces. HI
The GATS covers a ll four possible mode s of su pplying
services inte m ationally'" These are as follows:

Cross-border supply. This is a mode in which nei ther the producer nor the consumer moves physi cally, but in tera ct instead through a communication
or a telecommunications networ k. One can just
imagin e the potenti a l of the in te rnet for this Perticu lar mod e of supply. This mode of su pply is spc cially relevant to la wyers, who can now give legal
opinions or ad vis e to anyone anywhere in the world,
from anywhe re in t he world.

Consumption A broad . This ia where a con su mer

moves te mporarily to a supplie r's country of restdeuce. It ha s very little relevance to the focu s of
this paper.

Commercial presence. Th is is where a commercia l

organization moves to th e consumer's count ry of
residen ce. This is a no ther mode that may be significa ntly relev a nt to la wyering, particul arly if the
Ph ilippines decid es to Include legal se rvices in its
sche dule of commitments under the GATS.

Presence of natural persons. This is where t he individual se rvi ce s u pplie r movcs temporarily to the
consumer 's count ry of residen ce. Bu t this doe s not
include a case where a foreign lawyer comes to the
Philippines to see k em ployment in our law firm s;
rather, that si tuat ion would rema in covered by our
immigration a nd la bor laws .

I~Art. H 3)(bJ, GATS 1994.

l'No. 86 1 in th e Ce ntr a l Products CllI.8sifiClltion.
~ Art. 1(2) of the (}(o ne ra l Agrnement on Trade in Sroni,1'l (1994)

170

LEGAL PROFESS ION

Th e ge nera l obligatio ns und er the GATS a re set out in

part II of th e Agreement . These obligations apply to all servo
ice industries of member nations , whether or not th ey are
included in th e schedule of specific commitments. Of t he fourteen obligations , the most impo rtant obligations is t he requirement for Most Favo red nation treatment , which is really
non-discrimination am ongst foreign sources of su pply. Any prefe ren tial arrange men ts between members are to be exte nded
mu ltilaterally unless exemptions to MFN are taken out und er
the Annex on Article II exempuons ."
More importantly, Part III of the Agre ement introduce s th e important concepts of m arket access through
011 ( our mode s Qf supply iden tified under the GATS,
and n a tional treatment. These o b ligations, however, are
n ot general . The y a p p ly on ly to the service industry
segments that th e member nation ha a included in its
individual sc hed ule of com m it men ts. a n d s o far, a s
m entioned earlier the Philippines h as made comm itm ents only in four sectors. 22

The foregoing tens ion would th ereby raise two important

issues with respect to the practice of la w.
Supervision of legal services. It becomes necessary to
resolve th e question of whether th e provision of legal services
could ever be removed , even in a limited sense per haps, from
the ambit of Supreme Court regul ation, in tha t lawyeri ng
becomes 8 mere commodity that is traded everyday in the
world market . If th at were th e case, the relations between
attorney a nd client would cease to be a fiduciary re lations hip
and would virtua lly be a mer e contract ual relationsh ip. AB
euch , th e Code of Professional Respon sibility may cease to
have any pra cti cal applica tion, a nd th e Civil Code provision
on contracts would prevail. Th e tran saction wou ld als o be

1lCh riawphe r Fi ndlay and 'Icny Warre n, TM GfoM rcd A.R-...mel'lt 01'1
7huie il'l &",ko-. (JIlt! Developi ng Erorwmj,. in the ESCAP Region , in IMPU CATIONS OF GENE RAL AGREEMENT ON TRADE IN SE RVICES FOR
ASIA-PACIF IC ECONOMIES 21 (2000).
D11le Ph ilipp ines mad e specific oommit menta on the teleeemm un ica ti ona Rector, finan cia l IIt'rviees. tra nspnrt Il<.~lor and tocrtem sector.

ARTICLES ON THE U:GAL PROt"l':SS IOS

171

reduced to mere surfing on th e interne t for an a ppropri a te

law finn , sending a n e-ma il of in quiry, giving your credit card
details fO I" bill ing purpo ses , and receiving advice or opin ion
th roug h e-mail.
Th e issue of profe eeional responsi bility. While confident iali ty issues , choice of la w matters and negligence a ccou ntability may prope rly be ad dres sed by contractual la w, it
seems that the broader issue of pr ofessional and et hical responsibility will be inadequatel y treated by th e la w on cont ra cts . It rai ses a serious qu estion on whether the legal pr ofessio n - in the sto ne age or in t he internet world - shou ld
ever cease from being invested wit h public interes t.

I t would see m th at being intimately related to one of the

basi c purpo ses of the Sta te . i.e., the administration of justice,
la wyering mu st never cease to be a duty of pub lic service, and
the attorn ey-client rel a tion ship must al wa ys be of t he highest
fiducia ry degree. This is a sit ua tio n perh a ps tha t the intern et
pioneers wer e referring to in Th ail and; that in re s pect to t he
internet, it shou ld not be used to subvert age-old t radi tio ns
such as th e basic dea l that th e legal profession must render
public service a nd secure justice for a ll who seek its aid.
Lib eralizing t he Legal Profession
Th e Philippines should a lso be prepa red to confront the
possibility of foreign la wye rs being allowed to practice in th e
Philippines , subject to local rules a nd reciprocity, as a conse que nce of the wro/GATS negotiat ions.
Th e main barriers today to t ra de in professional services
are cit izens hip requirem en ts a nd th e lack of recogniti on of
professional qua lificatio ns . Th e first. is easily remed ied by
a me nding t he ru les . On t he other hand, pro fessio nal qualifica t ions prob lem s can 800n be cla ri fied by mu tu al recognition
agreements which may result from bilateral or mul tilatera l
negoti ations.
Fu rther, it mu st be born e in mind that uniform internationa l standard s are now being discussed in va rious forums of
the intern ationa l community; 8R a matter of a fact, on 29 May
1997, the WTO Council for Trade in Services a lready adopted

172

U<~GAL

PROFESSl0 N

the guide line"! for mut u al recognition agreemen ts in the ac -

cou ntancy "ector. While non-bind ing, these gu idelines a re

a n ticipated to make it easie r for governments to n egotia te
mutual recognition agreeme nts in profess ional q ualificarions.P
When th e world, the refore, includ ing the Philippines ,
becomes th e mar ket place of legal se rvices, Filipino la wyers
h a d bette r be prepared to compete in ternation ally. For globali zation is integration , and integration inevitably leads to
com peti tion. And it is fervently hoped that this will not end
up - as with th e globa l battle of the bank s - as a competil ion between the Bri ti s h a nd the Americ ans.

"What we a re seeing is a n absolute scramble for internat ionalization," Alan Peck of F reshfield a, a London la w firm ,
told Newswee k in 1999 .2 Philippine legal educa tion, th erefor e, must res pond to tha t particular developmen t in th e profeasion, a nd pr epare Filipino lawyers in th e compe titio n th at
is soon to come. Lawye ri ng does not require capital not techno logy; it merely requ ire s t raining, hard-work, experience, and
pure gu ts and sa vvy. This is a n area of international trade
where th e playi ng field may virtually be level. Philippine la w
schools , th erefore, shou ld ensure that their s tudents are
equipped with the requisi te exposure to interna tional legal
iss ues, and more importan tly, imbued with the proper global
pe rspective.
And if the Ph ilippin es were to really look farther into the
futu re, local firms should think about expanding its operations, by affilia tion a t the very least , into other southeast Asia
and east Asian nations. For regardless of the 1997 financi al
crisis, these two region s from t he backbone of the promise of
t he 21st century, in te rms of trade, investmen ts a nd ca pital.
The geographical proximity, th e sha red history, and th e similar cultu res would se rve the Ph ilippines in good stead, in terms
of getting II foothold on some of th e more important capitals
like Singapore, J aka rta, Kuala Lumpur, Bangkok, Seoul, Toky o, a nd Beijing.
iJpa rcn llwl icully, it wa ll not too lonll ago !.hat quali fied Filip ino la wyen could a Ulumatica lly be admitted to certain America n Sta te Bara
"'Und,'r hi1l, sup m nnw 3, at 36.

ARTICLES ON TIiE LEGAL PROFE S""ION

173

The strategic choices for such position ing would ran ge

from open ing one's own offices in 110 Chi Minh City, to a fullblown merger of law firms, and to buying up local brain power,
as th e Americans are doing in London .
It must further be noted th at Singapore recently a warded
seven licen se s to foreign law finns for joint ventu res with
local finns , givi ng U.S. and U.K. lawye rs in creased access to
th e Singapor e market.u While th e agreem ent does not include mergers, it allows a group of selecte d law firms to combine certain practices, such as banking and corporate finance,
in joint ventu re structures. The internat ional firm s are Clifford
Chance, Linkla tere, Freebfields, Lovella a nd Allen & Overy of
London; and White & Chase and Orrick, He rrington & Su tcliffe
of the Unite d States. This move should not. only strengthen
the ti es of Singapore a nd foreign lawyers , but this will enhance th e expertise and capa bility of Singapore la wyers in
inte rnational law, as well 88 boost its s igni ficance as a j-e.
giona l hub for international la w.
IMPACT O N TIlE JUDICIARY
The treatment of th e topic of this paper will not be complete if nothing is sa id, even bri efly, abo ut the most fund amen tal impact of informati on and communications techno logy
on the work of the judiciary.
Indeed , Mr. Justice Artemio Panganiban, duri ng th e
Manila Overse as Press Club Judiciary Night on 10 March
2000, has cle arl y acknowledged that Mount Olympus (r eferring to the Court) "has been invaded by mi crochips, modems
a nd media, and the lives of the gods have irre versibly been
alte red ."'26 But what would perha ps pose t he most serious
challenge to the judicial function in t he near fut ure would be
the in evitable inte rp lay between tech nology a nd legal issues.
Th ere will be ce rtain zones of differences or conflict, where

2I; Kons u n ti n Rich ter, Si"l/fllJO'"t Allow' Law Firm li>nll.l" !" The Alian
Wall Street J ournal 2 (11-13 August 2(00).
31Microchip.. Modem.. and Medi a lnvade Mou nt OlympWI , XlV Tiu
Lo~n

Revk w No. 3, 68 (31

M~h

2001).

Li':GAL PROFJ-;SSION

ARTICLES ON THE LEGAL PROFE SSION

the legal issue's determination will hinge on a fund am en tal

unders tanding of some technology today.

lional noti ons of evidence, cont racts , lax a tion a nd even, constl t c tional la w. Our la wyers must necessarily be equipped with
the skill and information necessary to contin ue being relevant
in a legal world that will no longer be content with a knowledge of our a ncient and ana chronistic legal codes.

'"

t
i

It is no surprise, therefore , tha t one of the qu es ti on s

ra ised by Microsoft in its a ppeal of the order to split the
compa ny in two, is the inability of the tri al judge to comprehen d the facts, after s uc h a technical a nd esoteri c tri al. Note
a lso that the complexity issue is under discussio n by a legisla tive task force in Ma ryl and , which is studying th e possibility of havin g a special court for hi gh-technology c8ses.27

Th is concept developed from the commercia l divi sion of

the Supre me Court of N ew York County, which hears com p lex
comme rcial and business disputes in volving sum s of more than
$ 125,000, which already had 5,884 cases in 1999 alone. Other
States with specific judges or special divi sions to handle business cases are Illinois , Ma ssachusetts, North Carolina, Pennsylvania , and Wiscons in , Delaware has its 208-year old Court
of Chan cery, which is s pecia lly equipped to handle lega l case s
involving the many businesses that in corporate in the state .
While the Philippine judiciary has not ye t been faced
with such complicated cas es, the d ismi ssal of the criminal
complaints against the 'love bug' cre ator should give us some
idea on how prepared t he legal sy stem is for the ma ny new
things and concepts that will emerge out of globalization.
Con clu sio n

WTO Director General Mike Moore, in his seminar book

A Brief Ilistory of the Fu ture - quotes the argument of Peter
Drucker that "the wor ld economy is not changi ng; it ha s alre ady cha nged in its foundation and in its structure, a nd the
chan ge is irreversible."
Filipino lawyers , in t his century, will be faced with mo re
complicated que stions that will arise from the rapid advance
uf science and technology. Glob alization and informa ti on technology will nurture issues that will radically a lter all tradl-

" Michae l Brick. 'lkh rwlogy Case s Ra i~ Ju un

findl a w.oomlnew8 (11 Septe m be r 2000).

of Competence, http:!

175

A world lead er as ked j ust before midnight on New Year's

Eve in 1999: wh at. will the story of the 2 1st century be? We
hav e the single opportunity at. the beginning of this new age
to answer t hat question, and to cha rt our cou rse in the a ppropriate direction. Indeed, we find ourselves at the cross roads.
Before us is a n uncharted pa th , a road of no parallel, and ye t
a lso a route we are only starting to understand .

176

LF.GAL PROFESSION

ARTICLES ON TilE LEGAl. r ROn:SSIO:-l

TIlE LEGAL PROFESSION IN THE 21st

CENTURY, S URVIVAL OR EXTINCTION?'

Bar, a nd spent the best years of my la w pract ice serving in that

capaci ty. Since then I hav e fa ithfully ma inta ined my membership in this Chapter despite my a ppointmen t to the Judicia ry.

By,
Senior Associate Justice Josu e N. Bellosillo
'Ib be in the good compa ny of Capiz Lawyers, a s I am
this evening, is a lways a great source of joy an d inspiration
for me, a nd I a m confide n t the feeling is mu tual! For, so mu ch
is gaine d in t he genuine cam a ra derie tha t an a ssembly of
la wyers pr ovides. It gene rates a comforting assurance th at
.the law profession is well an d very much ali ve, a nd th at the
la w contin ues to play 8 vital role in the regulation of the
a ffairs of men a nd society. That, I a m sure, is the main concern of the President of the Integrated Ba r of the Philippines!
An d thut is why he is with us this evening.
J wa s with Atty. Arthur D. Lim 186t Wednesday at the
Awards Night of the Su preme Court Searc h for Centennial
Judges a nd Court Employees a t the Westin Philippine Plaza,
wh ere we were both in the Board of Judges, and it wa s there
whe re I learned that he was coming to Ro:I88 City for this
Affair. Of course, I was happy that he would make his officia l
visit to our Chapter a nd a t the same time induct its officers.
I would say that it is indeed a great honor for our officers to
be installed by the Presiden t of the IBP.

On a personal note, this a ffa ir doubly assumes a special

a nd signi fica nt d imension beca use, once again, I am a fford ed
the opportunity to be a mo ng my colleagu es in the Ca piz Cha pter of th e IBP - to be with my fellow la wyers with wh om I hav e
su bstantially shared my profession al life in tangible or vicari ou s ways. I was Presiden t of this Cha pter for more tha n ten
(1 0) consecutive years, tha t wa s be fore the integrat ion of the

S~h de livered by Senior AB80ciate J ustice JOIIue N. BeIlOllillo as

G uest S pea ke r on th e occasi on of the Induct ion of t he New Office ra of th e
Cepe Cha pter, Integrated ILtr of the Philippines, held at Marc's Beach Resort, Bay bay, RollI'S City, o n Satu rday, 9 J une 2001 st 7:00 o'd ock in the
ev ening. (Published in t he La wyers Re view, Vol. XV, 31 J uly 2001).

111

I cannot help recalling my stint as Pr esident of the Capiz

Bar. That wa s fr om 196 1 to 1972 when I fin a lly gav e up the
position as I wa s a lrea dy a member of the J udici a ry. I enjoyed
my presidency because I had the full su pport a nd cooper ation of
th e entire membership. Unlike in othe r cha pters , politics never
en tered into the management of the a ffairs of the Ce piz Ba r. I
would say tha t there wa s perfect harmony a mong the members.

I had barely s tarted with my law practice he re when I

was elected Presid ent, an d ou r se nior mem be rs, whom we
resp ected so m uch , cooperated fully with me and my officers.
In fa ct , to night, I would like to pay tribute to a prominent
mem ber of the Capiz Bar who to me was t he symbol of unity
and mutu al respect in t he association. I a m referring to the
late lamented Jud ge Ibarra Bisnar. (May I ask each one to
rise and sa y a minute of silent praye r for his e te rn a l repose,
a nd for all the dep a rted members of our Chapter!).
My fri ends, in augura l affa irs s uch as this are special
occa sions for congenia lity a nd fraternization a mo ng lawyers.
They a lso offer e xcellent means for lively a nd provocative
exchange s of insig hts as well as concerns a bout the current
drift and d irection of la w practice a nd the la w profession. In
this respect, it is well nigh that the Ca piz C ha pter should
take a long hard look at its elf a nd its performa nce record over
th e yea rs a n d a s k if it h a s t rul y d one i t s s ha r e in
mainstreaming its members in the p ractice of la w in the contex t of the new world in which it now finds itself.
We ha ve already crossed the threshold of a new millennium and a re con stantly discovering from t he vantage point of
the Bar tha t it is t he wor ld of revolutionary change and fermen t out there, a world so inti ma te ly interconnected by information tec h nology that people are virtua lly six-te nth (6110) of
a second a wa y fro m each other, or t ha t in six-te nth (6110) of
a second on e ca n rea ch a colleague at the farthes t end of the
earth , a world that is increasing t he demand s from the law

II'.
'u

17'

LtGAL PROFE SSI ON

ARTICLE:S ON Til E Lfo:GAL l ' litl'n :SSION

profession a constan t qualitative u pdat ing, reinventing a nd

restructuring of philosophies an d practices . For it appears that
it is the on ly via ble alte rnative to a futu re professional life of
unqualified irrelevan ce a nd obsolescence .

Truly, the se arc cha llenges we ca n ill-afford to igno re.

determinative as the se arc, of our futu re an d our very exist ence .

Indee d, so m uch concern has been a ired about the future

of the profession of law a nd how members of the Dar can
e ffecti vely become the la wyers of the 2 1st century. This is a n
a rea where our Cha pter can perhaps st udy a nd explore. We
m ust begin to ask how we wa nt our profession to be shaped
in the ne xt twenty (20 ) to thirty (30) yea rs, and seek the
correct a nswe rs th erefore by cons ideri ng the global perspect ive of contem porary socio-economic, politica l, technological
and regul atory forces. More importantly, we must examin e
h ow these an swers ca n be transformed into concrete courses
of action that will im pa ct on us a s private ind ivid ua ls and as
law practitioners .
Th e third mill ennium opened with the lega l profession
being particula rly confronted with a host of challenges. among
wh ich, the advent of infonnation tec hnology a nd its impact on
law a nd the courts , the public disen chan tment over the del ivery of justice and the contin ued attacks on j udicia l independence, the ri sin g costs of litigation and ina dequate delivery of
affordable legal se rvices to the poor an d the middle class. (It
has been said , perha ps in jest, that la wyers nowadays ca n no
longer afford the services of la wyeral).
Qu ite threateningly are the dilu tion s of the practice of
law by the conjoining of la w pract ice with othe r profession s,
a nd the emergent tole rated practice of law by non-lawyer
professionals who prin cipally engage a nd compete with bono
(ide lawyers in taxa tion proceedings, domesti c relations, documentation and con veyancing, and lega l research. to name a
few.
These shou ld sou nd an a la rming call to a ll of us , as
verily, they a lftd grea tly the continued existe nce of the lega l
profes sion. Thi s should t herefore underscore the imperati ve
that we should wake up. gear up an d sha pe up . if we hope to
stay on a s legal d isciples a nd practitioners of the la w in the
21st century!

I7! 1

It behooves the legul profession t he refore to reinvent its elf.

It is not too la te to open our doors to techn ology which is now
la id right a t our door step. "Compute r techno logy," a ccordin g
to the wen -known futuri st Jennifer J ames, has dramatically
changed our work habits : we can retri eve da ta at un precede nted rates; we can consult our colleagu es without lea ving
our hom es or offices; we can represe nt clie nts via tel eph one or
even cell pho ne , and employ the computer as our receptionist
an d secretary handling phone calls, messages , work process ing, sched uling, researc h assignments and ma ny more.
Inte ract ive video conferencing through sa tellite transmi ssion can facili tate th e delivery of testimo niee and sa ve consid e rable tri al tim e a nd t r avel ex pense s . Tran sc ri pts of
ste nogra phic no tes of trial proceedin gs will be availa ble by
modern trans mission right after t rial. Traditional paper flow
will M pre-emoted by s peed-of-light t ransmissio n. Indeed , the
possibilities of la w practice wit h t he hel p of tec hnology are
mind-bogglin g and far -reaching!
An d now, with rega rd to t he relationsh ip of Ber...-h a nd
Ba r, it is ti me that la wyers take a concerted stand in helping'
red uce the attacks on j udges and the j ud icia ry by standing u p
and spea king out in defense of jud icial ind ependence. More
than a ny other institution of society, the Bar possesses the
obligation to espous e actively the need of the judiciary to be
truly left a lone and to ensu re that j udges lind courts are frec
from intervention in th e duti ful pe rform a nce of their adjudi cativc function s!
Where legal services a re concerned. la wyers and lega l
proce sses are becoming more and mo re irrele vant, t herefore
detached , and a lien , and therefore distant , because no one ca n
afford them anymore. Thi s cannot be truer in our society in
these time s of peril and anxiety wh en poverty indic ators contin ue to pa int a blea k scena rio of th e inaccess ibility of justi ce
to a great number of our countrymen . A sit uati on where acC( ' S S to ju sti ce is possi ble only on the basis of fin ancia l

180

LF.GAL I'HOf ESS ION

e ffor dubiltty pr ovid es fertile seedbed for extra-legal resolution

of disputes .
I mu st s t ress that these cha lle n ges cannot be m et unl ess
we recognize th at we ha ve to grow a s a pro fession al org aniza tion. I spe a k not of growt h s imply for the sa ke of growth . I
s pea k of growth as a proce ss of ch a n ge and tra nsformation. a

turning back from the detritu s of old practices a nd met hodologil'S th at no longer work in a ra pid ly cha nging envi ron ment.
India n t ri bal wi sd om say as t hat when yo u di s cover t hat

you a TC rid in g- a dea d ho rse, th e bes t strategy is to d is mount .

This is a lesson we lawyers must lea rn . Charles F. Robinson
lamen ts that we la wyers always seem to be a fraid to d ismount eve n if the h orse is obviously a nd unm istaka bly dead !
T hus, in our obstinate refusa l to di smount, we ign ore the fact
t h at t he h orse is dead, a nd use other strate gi es with this
"dead horse," lik e b uying a new whi p, or a rgu ing tha t "this ill
t he way we h ave a lway s ridden t hi s horse," or a ppointi ng 8
committee to s t u dy th e horse , or arranging vis its to other la w
firms to see if they have new ways to rid e a dead horse, or
declaring tha t t he horse is "bet te r, faster and ch ea per" de ad
or, even harnessi ng seve ra l dead ho rses for more s t rength a n d
in creased s peed ! If we keep on pra ctici ng 19t h a nd 20th century law in a 21st cen t ury set ting. then we are, for all intents
and purposes, riding a dead horse .
How, therefore, do we dis mount? "Be vision a ries ," says
Robinson . We need to form all y en visi on ou r future wit hout
re lyi ng 100 much on th e past. We lawyers , profes siona lly born ,
raised a nd educated in stare decis is a nd case precedents, a re
often accused of too much conse rvatis m, oflooking at t he futu re
through a rea rv ie w mirror, a fraid to confront the futu re a nd
h angin g on to the past for dea r life . We mu st turn a rou nd this
perception by ca u tiousl y weaving ou rselves from t h e past a nd
mo vin g a h ead to flou ri sh a nd t h rive, a nd no t m erely m u dd ling t hro ugh to s urv ive.
We must lea rn t he s kills required of us. We m u s t dete rmine our pe rsona l a nd professi onal core va lues , wh ich m ay
i nclude con tinu ing lifelon g legal educa tion and learn in g, cornpotence, in te grity and indus t ry, a nd a tt u nemcnt wi th current

ARTICLES ON 'fII E LIm,\).

PROFr:~ION

social dev elopments. We m us t determin e our core compete cit's, wh ich may cove r commu n ication s kills, logic and reasonin g a n d information gat heri ng and data a nalysis. WI' mu st he
able to id entify ou r core se rvi ces - serv ices th a t h a ve real
va lue to ou r clients a nd to ou rselves, se rvi ces tha t a re pe rfonn ed n ot only for materia l profi t bu t for thei r in tri nsi c va lue
to t he in d ividual a nd the comm u nity. F ina lly, we m ust stu dy
trends, both globa l a nd profession al - th e info-globalization
of the la w, t he commerc ia liza tion of the la w, t he eocio-cultu re
aspect of law, and th e polit iciza tion of law.
My fri ends, we ca n no t in sist ri din g t he prove rb ia l de ad
hors e while all other professions a rc mount ing spi rited charges
ga llo ping at full s peed toward s new p ossibiliti es a n d a new
a ge . We ca nno t afford to be left behind. en sconced in ou r ow n
private comfort zones a nd say th a t we will on ly cross t he
bri dge when we reach t h ere. We do n ot a lways go where t he
path le ads; we also go wh ere there is no path , and blaze a
trail!
We need to blaze a t ra il. We nee d to re invent ou rselves
and "step out of the frame !" We need II n ew vision of intellige nce
a nd the i ntelligence of vi sion t h at will lead us to qu es tion our
us ual a ssumptio ns, to rein in our judgmen ts and to take a fresh
look at the law profession in rela tion to t he wor ld a ro u nd u s,
exam ine what we really k now about it and determine wh at we
wa nt from it. We mu st do this to chart t h e des tiny of the profess ion we all love, a nd save ours elves a nd t he profes sion from th e
terrible fate of irrelev ance and m argina li za ti on, a n d u ltimately,
from possi ble extinction . Thi s is my challenge to you, now, m ore
than eve r, ladies a nd gen tl emen of'the Capiz Chapter, In tegrated
Ba r of the Philippines !

182

:"Jo:GAL I'ROFES.<;ION

AJiTICU :'C: ON T in: LEGAL I'H OF fo::SSION

HEADY FOH TilE BIO.AGE'

mote a nd more challenging conce pts of health, longevity, huma n wellncs s, ethnics, morality a nd the very ca use and CIIsence ofl ife itself. In tum , the se new scie nces will cause - as
in fa ct they are now causing - me ga -sh ins in the ways of
discove ri n g and precessing t ruth, matters tha t will profou ndly
a nd r ad ically a ffect judicia l dispensati on.

Hy

lion. Artemio V. Panguntban"

Justice Claire L' Heu rea u x-Dube (of the Ca na d ia n Supreme Court) spoke e loq uen t ly of jud icial and constitutional
globalizat ion . Indeed , this phen omen on is brought a bout by
many new pa ra digms wh ich face the judiciaries of t he world
as the new century beckons .
Various Challenges To Courts
For a start, in economics a nd tra de. the new poli cies of
d eregu lation. liberali zation a nd priva tizati on a re breakin g
down traditional sove reign bord ers and are shrinking the world
in to a borde rlees global vill age . The world 's jud iciaries have
h ad to adj us t their a tti t ude towards the old modes of protectioni sm like tariffs, import qu ota s, currency cont rol, tax ha vens an d tax ince ntives, which a re giving way to free trad e as
espoused by the World Tr ad e Organiza tion.

So too , the new infonnation high way - the third wave

of microchips a nd mod ems, the inte rnet and the broadban d
fiber optics - have a ltered a nd continue to a lter t raditiona l
concepts of acc umula ting vast wealth . New pa ra digms of commercial and political preem in ence have eme rged: from the
manufacture a nd sa le of products to the rend ering of se rvices,
and from the exploitation of na tural resources to the ex plorat ion a nd use of knowledge .
But pe rha ps t he most daunti ng of these 2 1st century
cha llenges is t he on e brou gh t abo ut by the new sciences of
genomics, genetic engi nee ri ng an d biotechnology, wh ich will
a ffect not j ust our material concern s but also t he more inti-

'Remarks delivered by J U9tiCt.' I'anga n iha n a s a pa ne l member during

the "Working Co nversation" betwee n juris tll a nd lICi ent illle on bieeciencee and
biotechnology. h..ld in Ko na , Haw aii on Jun.. 30 to J uly 4. 200 1 s po nsore d by
the Einstein Inst it ute for Sc ie nws, lI ..alt h and lh .. Court.ll m IN SHAC).
"Associate Juslice , S u pre me Court of t he Phihppinee .

1113

The critical question the refore is this: a re the judiciaries

of t he world ready to tac kle these new, interesting phenom ena?
J ustice Dube a rt icula te d the Ca nad ian res ponse, and in
the process gave two concrete case samples : the Harv ard mouse
and Mons a nto's ca nola.
The Philippine response To the Challenges
o f Biosclences

Initi all y, I hope to respo nd this question by giving a survey of the poss ible ans wers of the variou s judicial a ut horities in
my part of the world - As ia. However, limitation s of ti me do
not a llow s uch extended discu ssion . It is, on the other hand,
more than a consola tion th a t a nothe r member of our pa ne l,
Judge Clifford Wall ace - a member of the US Court ofAppeals
a nd a con sultant of more tha n 40 judicial authorities worldwid e - would probably take this up when he speaks a fter me.
Le t m e then answer the qu ery from the point of view of
the Philippine judiciary. I will begin by relating that three
weeks a go, on J une 11, 2001 , the Philippin e Su preme Court
celebrated its cente nary A hundred years ago, the Secon d
Philippine Commission in our country establishe d this Court
8S well aa the lower courts: the Courts of F irs t Instance and
t he Justi ce of the Peace courts. This Commission had been
tas ke d by the US government with t he mission of setti ng up
a civil govern ment to repl ace 8 military group that took cont rol after th e Ph ilippine Islands were ceded by Spain to t he
US th rough the 1898 Treaty of Pari s whi ch ended the Spanish -American War.
Eve n before 190 1, however, ther e had been courts existing in ou r country like the one t hat we re esta blishe d by the
US mil ita ry an d the Spa nis h conqu istadores, an d th at lasted

".

LF.GAL PROFF,sSION

for al most 400 ye a rs . But we reckon the founding of ou r Su p reme Court on ly in 1901 , because it wa s only in tha t year
th a t a tribun al which e njoye d judicial independence, 88 we
know it today, wa s set up. Since then, th e Cou rt h a s fu nct ioned ind ependently of the other branch es of governme nt like
t he execu tive and t he legi sla tive . I mu st add, though , that its
decision were a ppealab le to the US Suprem e Cou rt, until in
1946 wh en th e US withdrew its sovereign cla ims ove r our
co u n t ry.

By independent I mea n :
1)

Our Courts exercises powers and makes decis ions

th at are not reviewable by any other entity or agency
of gove rn me n t.

2)

It ha s fiscal independence guaran teed byour Constitution. AB a conseq uence, Congress cannot decrease
judicia l a ppropria tions given the previous year.

3)

Members of the jud iciary enjoy security of tenure

(up to age 70) a nd security of compensation, both of
which ca nno t be reduced by Congr ess or by the
President. Mem bers of the Supreme Court may be
rem oved from office on ly by impeachment.

P owe rs of the S u p reme Cou rt

Our Constitution has granted our Supreme Court and
our judiciary not just independence but also vast powers and
hea vy responsibili ties , which I classify into five:
1)

Review of ordinary appeal s from judgment of lower

courts.

2)

Extraordinary re view - by writ of certiorari - of

the act of a ny agency of government, including the
Presidency a nd Con gre ss, on ground of grav e a buse
of discretio n which may cons ist of;

ARTICIJo;'<; ON T ilE Lfo:nAL PHO I "fo: S."W l :-"

~ra v ity

l l;.'i

as to de p rive the los in g' part:lo of du ('

process.
3)

Ad mi nistra tive supe rvision uf a ll lowe r courts . wit h

t he sole powe l' to di scip line and dism iss j udges .

4)

Con trol of admi s sion to the p r ncticc of law a nd discipli ne of er-ri ng la wye rs .

5)

Preparation a nd prom ulgation of r-ul es of proc edu re

e n d e vidence in a ll courts . (Co ng ress ca nnot increa se
the jurisdict ion of the He witho ut its conscn t .)

Readiness of the Phili ppine ,Jud icinry

On the ba si s of these powe n. a nd res ponsibi hues, let me
now discuss t he exten t of pro puredness of t h u P hilippin e judiciary, es pecia lly the Supre me Court, in meeting the cha llen ges of biosci e nces a nd biote chnology.

First, by its certiorari a nd ord ina ry re vi ew powers, t he

judiciary is able, in a ppropriate cases, to pa s s upon th e actions of a ll government agencies in volved in science, heal th
and tech nology like the Depa rtment of Health , Depa rtmen t of
Agriculture, Bureau of Pa tents , a nd the Food a nd Drug Ad mini stration. It cnn, on constit utiona l grou n d s, void laws a nd
executi ve o rd ers like those dealing wit h a bo rti on, clonin g,
gene tic, tl' sting, privacy and confid e n tiali ty concern s. a nd
conseq uences of biotechnology.
Second, by its ru le-making power, the Supreme Court
ca n prom ulgate rules on DNA finger printing, the use of genes
as evide nce , a nd the a dmission of bio technol ogy and ge netics
as evidence. Already, our Court is dra fl in g rules on electronic
evidence . S oon, it will also prepa re rules of procedu re in ge neti cs a nd biote chnol ogy cas es .

a)

Viola tion of the Constitution, the la ws or judicia l doctrines ;

Third, by its admi nistrat ion of bn r e xe minatione, it influen ces d irectl y the cu rri cula of la w schools. It also directly
provides , through its ed ucation arm , t he Philippin e Judicia l
Academy, con ti nuing lega l ed ucation for j udges and qua si-ju d icia l office rs .

b)

Whim si cal or a rbitr a ry action a rising from

manifest bia s or person al animosity, of such

Fourth , th rough its power to d iscipline lower court magistra te s , the Supreme Court assures uniform applicat ion of

I.EGAL PROFES..:;ION

186

AkTICLES ON THE LEGAL r ROF F <;SION

ge netic an d bioscienti fic pri nciples to ethics. as well a s to

legal a nd social doctrines.

Legal Ego,. on the Loose"

Fifth, because it enjoys j udicia l independence, it can ente r

into bilateral and internat ional agreements with the judicial
a uthorities of other cou n tries, as Justi ce Dube is proposing,
without need of ap proval of a ny other age ncy of govern me nt.

Atty. Mike Papantonio'"

Epilogue: New Ways

or Discovering Truth

Let my conclude by saying tha t Time magazin e, in its

Novem ber 13, 2000 issue, re ported tha t in the United States,
80 convicts by final judgmen ts ha ve la ter on bee n exonerated
because subseque nt DNA eviden ce had shown that they were
com plete ly innocent of the crimes attributed to them .
If this ha s hap pened in the US, the most technologically
a nd economically a dva nced na tion in the world, then it has
probably happened in the Philippines and other countrie s. I
shudder to think that during th e la st five (5) years, our trial
courts ha ve impo sed on more than 1,500 persons the pen alty
of dea th _ a pen alty which, incidentally, I personally oppose
on constitutional and philosophical grounds.

Th e availa bility of new bre akthroughs in science and

technology and the positive re sponse of the judicature sho uld
make us more confide nt that in the future, mistakes in the
discovery of truth can be minimized, if not totally avoide d.

1 thank you ,

187

By

In my research for a new book about the unhealthy effects of a mbition and ego in the lega l profes sion, 1 sent 8
questionnaire to more tha n 500 lawyers throughou t America.
Wh at 1 found is that lawyers, on the whole are dissatisfied
with wh a t they ha ve and a re striving for m ore.

More than 70 pe rcent sa id they did no t feel financi ally

secure today, a nd they weren't sure they e ve r woul d. Yet a bout
40 percent of that gro up had incomes of $150 ,000 to $300,000.
Perhaps recognizing tha t the quest for money h a s a downside,
more than 90 percent of a ll respondents a greed th a t "a mbition
within our profession clearly has the pote ntia l to take on an
addictive nature."
A handwritten note in one envelope e labo ra ti ng on this
cau ght my a ttention. Here is what it said, in a shortened form :

"I sa w a nothe r one of those articles where a handful of

lawyers were bragging about the multimillions they made. They
were posed in front of their pal ati al estates, bragging about
wh at they owned and wh at they were going to buy . ..
- I can honestly say 1 felt absolutely no envy as I looked
a t those pictures and read that article. H owever, as I read on,
I did pa use to wonder wh eth er I had some de fect in my makeup
or character as a lawyer. 1 wondered wh ether I wa s mi ssin g
some vital h elix in an important DNA st rand tha t should be
pu shing me to wa nt more prestige, more power, more wealt h,"
More, More, More Mania

Wha t thi s la wyer may ha ve see n in that a rti cle has been
cha ra cterized by Ken Keyes and other modern thinkers as
"Published in the Lawyer '. Review, Vol. XIII , 31 October 1999 .
"Head of ma llll Iort de pt. at Levin, Middlebroolui, Thoma Mitchi'll,
Gree n, Echsner, Proctor & Papanlonio, Peneeeole, Fl cri d e , USA.

L.EGAL 1'}{(lJo'ESSION

168

a ddictive a mbition . Accordi on to Keyes , addictive ambition

flows from a desire to obtain more security a nd power than we
really n eed . We are not satisfied with acquiring eno ug h mon ... y
for ou r retirement years. Instead , we program ourselves to
be lieve tha t h a ving enough h appe ns on ly when we h a ve more
tha n t he other guy.
In my view, most of us never get to that pl ace where our
pursu it of security or power is quieted a nd we accept the place
in th e world we actua lly occupy. Instead, we are us ually dri ven
by vision s of t h e pla ce we wa nt to occ u py someday.
Th e pos itive s pin on that , of cou rse, is to say that we a rc
hi ghly mot iva ted , th at we are Type A ove rachievers. Perhaps
we fee l a se nse of pride well up in sid e wh en we a re referred
to as movers and shake rs or rain make rs, m aybe even masters
of t he game.
Bu t t hat spin ignores less flattering trai ts that ofte n
s u rface when lawyers seek more powe r a nd more ac quisitio ns :

Most of the time , t hey a re willing to defer enjoym ent of the possessions they now have whil e they
work to obtain more or bigger possessions.

T hey ca n not feel content until th eir family, fri ends

a nd peers acknowledge t heir ac hieveme nts .

Once they exce l, th ey mentally ra ise their expectation s of what they h ave to ach ieve or accomplish
next .

Often they arc wor king to wa rd a point in their lives

when th ey believe th ey won't h a ve to answer to a ny
hi ghe r a uthority, perhaps a ti me when they are
sec ure or powerful enough to snub or igno re the
rest of t he wo rld.

T hey often l OMe sig ht of t he intri nsic value of the

aspects of life t hat do no pay a fin ancia l divid end,
s uc h as friendships a nd fa mily.

As t hey com pete for a higger share of secu ri ty or

power, t hey ta ke on rne-vs.-them atti t u de.

ARTICLES ON THE LEGAL PROFESSION

169

Wisdom of the Weasel

Another, less positive s pin on the Type A la wyer co uld
probably be found some where between t he lines of one of
Aesop's lesser-known fables, The Rat and th e Weasel.
"One day, a very hungry rat came upon a wooden crate
tilled with corn. H is on ly way to th e com wa s to sq uee ze hi s
body throu gh a tiny hole in the wood. He a te com until h e coul d
eat no more, but he wa s a fraid that someone may com e along
a nd haul a way t his crate of com , so he ate even more. He ate so
much of t he com tha t h is once t iny body became so big that h e
could not tit through the same ope ning t h at h e h a d entered.
Th e plump rat cou ld onl y fit h is h ead t h ro ugh t h e hole in the
crate, so h e sat there t rap ped, crying ou t for help.
"A wea sel noticed the commotion a t t he corn crate a n d
came by to speak to the fat little rat. The rat expected help
and sympa t hy, but in stead, the wea sel s tated the obvious:
'You hav e eate n much more corn than you really needed ,
haven't you ?' The weasel then we nt hi s way a nd left the fat
rat in hi s dangerous predicament."

CONTINU ING LEGAL EDUCATION FOR l AWYEHS

Philippine s (IB?) to ens ure th at through out their career, they

ke ep abreast with law and jurisprudence. maintain the ethics
of the profession and enhance the standards of the practice of
law .

Chapter XIV

19 1

CONTINUING LEGAL EDUCATION

FOR LAWYERS

Itu!e 2. MANDATORY CONTINUING

LEGAL . ; DU CATION

EN BANC
BAIl MAITEIl NO. 85Q
MANDATOIlY CONTINUING LE GAL EDUCATIO N
(MC LE )

SECTION 1. Commencement of the MCLE Comm ittee. Within two (2) month s from the approval of these Ru les by
the Supreme Court En Bane. t he MCLE Co mm ittee shall
be con st itu ted and sha ll comme nce the im plementation of
the Mand ato ry Continuing Lega l Education (MCLE) program
in accor da nce with th ese Ru les.

IlESOLlITION
ADOPTING THE IlULES ON MANDATOIlY
CO NTINUlNG LEGAL EDUCATION FOil
MEMBEIlS OF THE INTEGRATED BAIl OF TIlE
PHILIPPINES
(As amended , Oct. 2, 200 1)

SEC. 2. Requirements of completion of MCLE. - Me mbe rs of t he IB P not exempt under Rule 7 shall complete every
three (3) years at least thi rty-six (36) hours of contin uing
legal education acti vities approved by the MCLE Commit te e.
Of the 36 hours:
(a) At lea st six (6) hou rs shall be devoted to legal ethics equivalent to six (6) credit units.
(b) At least four (4) hours shall be devote d to trial and
pre-trial skills equivalent to four (4) credit units.
(e) At least five (5) ho urs shall be devoted to alter nati ve dispute resolution equivalent to fi ve (5) credi t unit s.

Cons idering the rules on Man da to ry Cont in uing Lega l

Educa tion (MeLE) for members of the Integrated Bar of th e
Philippines (IBP). reco mmended by the IBP. en dorsed by the
Philippine J udicial Academy, a nd reviewed and passed upon
by the Supreme Court Committee on Legal Education, the
Court hereby reso lves to approve, 8 S it here by adopts, the
following Ru les for proper implementation.

(d) At lea st nine (9) hours sha ll be devoted to updates

on substant ive and procedural laws , nndjurispru dence equiua lent to nine (9) credit units.

Rule I. PURPOSE

(0
At lea st two (2) hou rs sha ll be de vote d to Inte rne ti on a ll aw and internationa l conventions equi valent to two (2)
credit units.

SECTION 1. Purpose of the MCLE. - Continuing legal

education is requ ired of me mbe rs of the Integra ted Bar of the
190

(e ) At least four (4) hours sha ll be devoted to legal

writing a nd oral advocacy equivalent to four (4) credit units.

(g) The remaining six (6) ho urs sha ll be devoted to such

subjects a s may be prescribed by the MCLE Committee equivalent to six (6) credit units.

192

LEGAL PROFESS ION

CONTINUING LEGAL EOUCA'nON FOR l.AWYEP.s

Ru le 3. COMPLIANCE PERIOD

her shall be required to complete a n umber of hours of approved

continui ng lega l ed uca tion act ivities equal to the numbe r of
mo nt hs rem aini ng in the compliance pe riod in whic h the mem be r is admitted or readmitt ed . S uc h member shall be required
to com plete a number of hours of education in legal et hics in
proportion W the n umber of month!'! remaini ng in the complia nce pe r iod. Fra ctions of hour s shall be rounded u p to lhe next
whole n umber.

SECTION 1. Initial com pliance period . - The com pliance

period shall begin not late r tha n t hree (3) months from th e
adoption of these Rules . Except for the initial com plia nce period for members ad mitted or rea dmitted a fter th e establishment of the program, a ll compliance periods shall be for thirtysix ( 36) month s and shall begin the day after the end of the
prev ious complia nce period.
SEC. 2. Comp liance Groups. - Membe rs of the IBP not
exempt from the MCLE req uirem ent shall be divided into th ree
(3) compliance gro u ps, n amely:
(8) Compliance Group 1. - Members in the National
Capital Region (NCR) or Met ro Ma nila a re ass igned to Compliance Group 1.
(b) Compliance Group 2. - Membe rs in Luzo n ou tside
NCR a re assigned to Complia nce Gro up 2.

193

RULE 4. COMPUTATION OF CREDIT UNITS (C U)

SECT ION 1. Guideline s. - - C RE DIT UNITS ARE

EQUIVALENT TO CREDIT HO URS. C R EDIT UNITS
m e a s u res compliance with the MCLE r equirement u nder t h e R ules, based o n the category o r th e lawyer's
participation in th e MCLE a ctivity. T h e fotlow lng are
the gui d e lines for computing credit units and th e su pporting d ocum en ts required t h e reafter:

(c) Compliance Gro up 3. - Members in vlsayas a nd

Mindanao a re assigned to Complia nce Grou p 3.

Neierthelese, members may participate in any legal ed ucati on activity wherever it may be avail able to earn credit unit
toward complia nce with the MCLE Requiremen t.
SEC. 3. Compliance pe riod of membe rs adm itted or readmitted after establishme nt of the p rogram . - Me mbers a dmitted or readmitted afte r the establishment of the program shall
be pe nnanen tly assign ed to the a ppropriate Compliance Grou p
based on their Chapte r membe rship on the date of ad mission or
readm ission.
The initial compliance peri od a fte r admi ssion or readmission a nd shall begin on the first day of t he month of a dmission
or read mission a nd shall end on the same day as that of a ll
other members in the same Com pliance Group.
(a) Where four (4) months or less rema in of the init ia l
complia nce period after admission or rea dmission, the membe r
is not required to com ply with the progra m requirement for the
ini tial compliance.
(b) Where more th an four (4) mon ths rem ai n of the initi al compliance pe riod afte r a dmissio n or readmission, the mem-

PROGRAMSI
ACTIVITY

CRE DIT
UNITS

SUPPORTING
DOCUMENTS

1. S EMINARS, CONVENTI ONS, CONFEltENCt;s, SYMPOSIA,

IN-IIO USE ED UCATION PROGRAMS, WORKSHOPS, DIALOGUES,
ROUND TABI.E DISCUSSiONS BY AI~PROVED PROVIDERS
UNDER HULE 1 AND OTJIEa ItELATEU HULES

1.1 PART ICIPANTI

ATI1<:NDEE

1 CU PE R HOURS OF CE RTIFICATE OF ATTEN DANCE

WITH
A'ITE NDANCE
NUMBER OF HOURS

1.2 LECTIJRER FULL CU son TIlE P H OT O CO PY

OF
SOURCE SPEAKER SUUJE(.,'"T PER COM- PLA QU E OR S I'ON
SOR'S CE RTIF ICATION
PLIANCY. P ERIOD
1.3 P AN I<: LI STIIl EAC- IJ2 or CU 1<'OR TI lE CEHTIFICATION FROM
TOR CO MMENTA SUHJfo:G'I' PER COM- SPONSORING ORGAN[
TORIMODERATO lV Pl.IANC1<: PERIO D
ZATION
COO R DIN ATO RI
FACII,ITATOU

L!':GAL PROFESSION

19.

2.

COllo'TIN Ulr-,' G LEGAL EDUCATION FOR LAwYERS

AUTIIORSII IP, EDmNGANU REVIEW

2.1 LAWBOOK OF NOT FULL C U FOR THE PUBUSHED BOOK

LESS TH A N ' 00 SUBJECT PER COMPAGES
PLIANCE PERI OD
2.2 BOOK EDITOR

1/2 OF THE CU OF PUBLl SHI-.:D

BOOK
AUTIlOItSHIP CAT- WITH PROOf' AS EDI

EGORY

TOR

2.3 RESEARCII PAPER 112 OF CU FOR THE DULY CERTIFl EDlPUB

INNOVATlVE PRO - SUBJ ECT PER COM- LISHED T ECH N ICAL
G RAM/ CREAT IVE PLlAN CE PERI O!)
REPORTIPAPER
PROJEC7

(c) Teachin g in
view class.

PUBLISHED NEWS
LEnER/JOURNAL

2.6. PR OFF. SSORIAL FULL CU FOR THE CE RTIFIC AT IO N O F

CHAIR/BAR RE SUBJECT PER COM LAW DEAN OR BAR
VIEW LECTURE PLlANCE PERIOD
REVIEW DIRECTOR
LAW TEACHINGI

RULE 5. CATEGORIES ot' CIU: DIT UNITS

law school or lecturing in a ba r re-

SE C. 3 Claim for non-participatory credit units. _ Nonparticipatory cred it uni ts may be claimcd per complian ce period for:
(a ) Preparing, as an author or co-aut hor, written mate .
rials published or accepted for publication , e.g., in the fonn of
an article, chapter, book, or book revie w wh ich contribute to
the legal education of th e author member, which were not
prepared in th e ord ina ry course of th e member's practice or
empl oyme nt.

2.4 L EGA L ARTICLE 112 OF CU FOR THE PUBLISHED ARTICLE

OF AT LEAST TE N SUBJE CT PER COM(10) PAGES
PLIAN CE PERIOD
2.5 LEGAL NEWS LET 1 CU PER ISSUE
TER/LAW JOUR
NAL EDITOR

fl

195

(b)

Editing a la w book, la w journal or legal newsletter.

Rule 6. COMP UTATIO N OF C R E DIT /lOURS (C/I)

SECTION 1. Computation of credit hours. - Credit hours
are computed based on actual ti me spent in a n education
activi ty in hours to the nearest one-quarter hou r reported. in
decimal s.
Rule 7. EXEMPTIONS
SECTION 1. Parties exempted from the MCLE. _ The
following members of th e Ba r a re exempt from t he MCLE
requirement:

SECTION 1. Classes of credit unit . - The credit un it s

are either participatory or non -participatory

(a) The President and the Vice P resident of the Philippines, and the Secretaries and Undersecretaries of Executive
Departmenta;

SEC. 2. Cla im for participatory credit units. - Participatory credi t units may be claimed for:

tive s;

(a) Attending approved edu cation activities like semina rs , conferences, conventions, sym posia, in-house education
programs, work shops, dialogues or round table discu ssion.
(b) Speaking or lect uri ng, or acting as assign ed pan elist,
reactor, commentator, reso urce speaker, moderator, coordinator or facilitator in approved education activities.

(b)

Senators and Members of the House of Rep resenta-

{c) The Chief Justice and Associate Justices of the

Su preme Court, incumbent and retired members of the judiciary, incumbent members of t he Judicial and Bar Council
and incumbent court lawyers covered by the Philippine J udicia l Academy program of continuing judicial education;
(d ) The Chief State Counsel, ChiefState Prosecutor and
Assis tant Secretaries of th e Depa rtme nt of Justice;

~.

CONTINUI:m LEGAL ED1ICATI ON ros I.Awyr:HS

LF.G AL PROFF_'l..<:;ION

196

(e) T he Solic itor Ge ner al a nd t h e Assistant Solicitors

General;
(0 The Governmen t Corpo rate Counsel, Deputy an d
Assistant Government Corpora te Counsel;

The Chairmen and Members of the Constitutiona l

Commissions;
(h) Th e Ombudsm an, the overall Deputy Ombudsman,
the Deputy Ombudsman and the Special Prosecutor of the
Office of the Ombud sman;
(i)
Head s of government a gencies exercising q uesi-iu-

197

en d on the sa me dey as that of all other members in the same

Complia nce Group.
SEC. 5. Proof of exem ption. -

App lication s for exemp-

t ion a from modifi cation of th e MCLg requirement s ha ll be

under oath a nd su pported by docume nts.

(g )

d icial functions:
(j)
Incumbent deans. ba r reviewe rs a nd profe ssors of
la w who ha ve teaching experience for at lea st ten (0) years
in accredited law schools ;

(k} The Chancellor, Vice-Ch ancellor an d members of th e

Corps of Professors a nd Professorial Lecturers of the Philippine J udicia l Academ y; a nd
(l)

Governors a nd Mayors.

SEC. 2. Other parties exempted from ttu M CLE. following Members of the Bar a re likewise exempt:
(a)

The

Those who a re not in la w practice, private or public.

(b) Those who hav e retired from law practice with the
approval of the IBP Board of Governors.

SEC. 3 . Good cause for exem p tion from or modifica tion of

requirenlnt. _ A member may file a verifi ed request setting
forth good ca use for exem ption (such as physical disabili ty,
ill ness, post graduate study abroad, proven expertise in law,
etc.I from compliance with or modifi cation of a ny of the require ments , including a n exte nsion of time for compliance, in
accord ance with a procedure to be established by the MCLE
Committee.
SEC. 4. Cha nge of status. - The compliance period sha ll
begin on the first day of the mon th in wh ich a member ceases
to be exempt und er Sections 1, 2, or 3 of this Rule a nd shall

Rule 8. STANDARDS FOR AllP R OVAL

m' EDUCATION AC TI VITIES

SECTION 1. Approva l of MCLE prngm m . - S ubject to

the implementing regulations that ma y be a dopted by th e
MCLE Committee, continuing lega l ed ucati on program may
be granted approval in either of two (2) wa ys : ( 1) the provider
of the activity is a n accredited provider a nd certifies that the
activity meets the criteria of Section 2 of this Rule; and (2 ) the
provider is specifically mandated by la w to provide contin uing
lega l education.
SEC. 2. S tandards (or all education activities . - All
continuing legal education activities must meet the following
standards:
(a) The activity sha ll have sign ifica nt current intellectual or practical content.
(b) The activity shall constit ute an organized program
of lea rn ing r ela ted to lega l subjects and the legal profess ion,
includ ing cross profession activities (e.g ., accounting-tax or
medical-legal) that enhance legal skills or the ab ility to practice law, as well a s subj ects in legal writing a nd oral a dvocacy.
(c) The ac tivity shall be conducted by a provider with
adequate professional expe rience.
Cd) Wh ere the activity is more than one 0 ) hou r in
length, su bs tant ive written materia ls must be distributed to
a ll participants . Such materials must be distributed at or before
the lime the activity is offered.
(e) In-house ed ucation act ivities must be scheduled a t
a time and location so a s to be fre e from interruption like
telephone calls a nd other distractions .

1"

LEGAl, PROFESS ION

CONTINUING I.EGAL EDUCt.nON FOR LA\\'YERS

Rule 9. ACCltEDiTATION OF PHOVIDERS

participants identifying the tim e, date, location, s ubject matter a nd length of th e activity.

SECTION 1. A ccredit ... .ion of p rooidere. - Accreditation

of providers shall be done by th e MCLE Committee.
SEC. 2. Req uirement s (or acc redita tion of p rooide re, Any person or group may be accredited a s a provider for a
tenn of two (2) yea rs , which may be renewed, upon written
application. All provid ers of continuing legal educa tion activiti cs , incl ud ing in -house providers, are eli gi ble to be accred it ed
providers. Application for accreditation s h a ll :
(a )

Be s ubmitted on a form provided by th e MCLE

Com mittee;
(b)

Contain a ll infonnation requested in the Conn;

(e)

Be accompanied by th e appropria te a pprova l fee .

SEC. 3. Requirements of all p roviders. - All approved

acc redited providers shall agree to th e following:
An official record verifying the attendanc e at the
activity shall be ma intained by the provider for at lea st four
(4) years afte r the complet ion da te . The provider shall include
the member on th e officia l record of a ttendance only if the
member's signature was obtained a t the time of attendance at
the activi ty. Th e official record of a t te ndance shall contain the
member's name and number in the Roll ofAttorn eys a nd shall
identify the time, da te, location, subject matter, and length of
the education activity. A copy of such re cord shall be furnished
th e MCLE Committee.
(8 )

(b)

Th e pr ovider shall certify that:

This activity ha s been a pproved BY THE

MCLE COMMIITEE in th e amount of _ _ hours of
which
hours will apply in (legal ethics , etc.), as
appropriate to th e content of th e a ctivity;
(1)

(2) The acti vity conforms to the s tanda rds for

a pproved educatio n activities prescribed by th ese Ru les
a nd such regulations a s may be prescri bed by th e MCLE
COMMITT E E.
(c)

Th e provider sha ll issue a record or certi ficate to all

199

(d) The provider sh a ll a llow in-person observativl1 of

all a pproved continuing legal ed uca tion activity by THE MCLE
COMMITTEE, mem bers of th e lBP Board of Governors, or
design ees of the Committee and lBP staff Board for purposes
of monitoring complia nce with these Rul es .
(e) Th e provider sha ll indi cate in promotional materia ls, the nature of th e acti vity, th e time devoted to ea ch topi c
and identity of the instructor s. The provider sha ll make av ail able to ea ch participa nt :1 copy of THE MCLE COMMITTEE
-approved Education Activity Evalu ati on Form.
(f)
The provider shall maintain the completed Ed uca t ion Activi ty Evaluation Fonns for a period of not les s than
one (1) year after t he act ivity, copy furni shed. the MeLE Committee.

(g) Any person or group who conducts a n unauthorized

activity under thi s program or issues a spurious certifica te in
violation of these Rul es sha ll be subject to appropriate sanctions .
SEC. 4. R enewal of provider accreditation . _ The accreditation of a provider may be re newed every two (2) years.
It may be denied if the provider fails to comply with any of
th e requirements of these Rul es or fails to provide satis factory
edu cation activities for t he preceding pe riod.
SEC. 5. Revocation of provide r accreditation . _ The accreditation of a ny pro vider referred to in Rul e 9 may be revoked by a maj ority vote of the MCLE Committee, after notice
Hod hearing a nd for good cause.

III
il
iII

Rule 10. FEE FOR APPROVAL OF ACTIVITY

AND ACCHEDITAT ION OF PROVIDER
SECTION 1. Pay ment o((ees. - Application for a pproval
of a n ed uca t ion a cti vity or accred itation a s a provider requires
payment of th e appropriate fee as provided in th e Schedule of
M eLE Fees.

COr-.'TINUING LEGAL F.nlICATION t'(I R lA WYERS

LEGAl. r ROF ESS ION

200

R ule

u,

201

<0 AtlY other act or omission ana logou s to a ny of the

foregoing or intended to circum vent or evade com plia nce wit h
the MCL E req ui rements.

G ENERAL COMPLIANCE
PROC. :nURES

SECTION 1. Com pliance curd. - Each member shall

secure from th e MCLE Committee a Comp liance Card before
the end of his complia nce period. He shall complete the card
by attesting under oath that he has complied with the edu cetion requi rement or that he is exem pt , specifying the nature
of the exempt ion. Such Compliance Card must be returned to
th e Commi ttee not later th an th e day after th e end of th e
me mber's com plia nce period.

SE C. 2. No n -com pl ia nce notice a nd 60-day period to attai n compliance. - Members failing to com ply will receive II
Non-Complia nce Notice sla ting the specific defi cien cy and will
be give n sixty (60 ) days from the dale of notifica tion to file a
response clari fyi ng the deficiency or oth erwise showing com pliance with t he requirements. S uch noti ce shall contain th e
following la ngu age ne ar the begi n ning of the notice in ca pita l
letters :

SEC. 2 . Member record keeping req ui rement. - Each

member shall maintain sufficient record of compliance or exem ption, copy furnished the MCLE Committee. The record
req uired to be p rovided to the me mbers by the provider pursua nt to Sect ion 3(c) of Rule 9 should be suffici ent record of
a ttenda nce a t a participatory activity, A record of non-participatory activity shall also be maintained by the member, as
re ferred to in Sec tion 3 of Rul e 5.

IF YOU FAIL TO PROVIDE ADEQUATE PROOF

OF COMPLIANCE WITH MCLE REQ UIREMENTS
BY (IN SERT DATE 60 nAYS FROM n ATE OF
NOTICE ), YOU SHALL BE LISTEn AS A DELINQUENT MEMBER ANn SHALL NOT BE PERMITTEn TO PRACTIC E LAW UNTIL SUCH TIME AS
ADEQUATE PROOF OF COMP LIANC E IS RE CEIVED BY TH E MCU; COMMITTER

Rule 12. NON-COMPLIANCE PROCEnURES

SECTION 1. What constitu tes non-compl iance. followin g shall cons titute non -compliance :

The

(a ) Failure to complete the educa tion requi reme n t

within the com pliance period ;
(b) Failure to pro vide a ttestat ion of compliance or exem ption;
(c) Fai lure to provide satisfa cto ry evidence of compliance (including evide nce of exempt sta tus ) within the prescribed period ;
(d) Failure to sa t isfy the education requirement a nd
furn ish evide nce of such com pliance within sixty (60) days
from receipt of non-com pliance noti ce;
(e) Failure to provide non-complia ncc fee within the
prescribed pe riod;

Members gi ven sixty (60) days to res pon d to a Non-Complia nce No tice may use thi s pe riod to a ttai n the ad equa te
number of credit units for com plia nce . Credit units earned
during thi s period may only be cou nted tow a rd compliance
with the prior complia nce per iod req uirement unl ess u nits in
excess of the requirement a re earned , in which case the e xcess
may be counted toward meeting th e cu r rent complia nce period requirement.

!lule 13 . CONSEQUENCES OF NONCOMPLIANCE

SECTION 1. Non -complian ce [ee, - A m ember who, for
wh atever reason, is in non-compl iance at the end of the compliance period sha ll pa y a non-comp liance fee.
S EC . 2. Listing a s delinquent member, - A member who
fail s to com ply with the requ irem en ts a fte r the sixty (60 ) day
period for complian ce has expired, shall be listed a s a delinqu e nt member of the IHP upon the rec om men da tion of th e

202

LEGAL

l'ROFESSJO~

MCLE Committee. The investigation of a membe r for n oncompli a nce shall be conducted by th e IB P's Com mission on
Bar Discipline as a fa ct-find ing ann of th e M~ LE Committee.
SEC . 3. A ccrual of membership fee. - Mem bersh ip fees
shall conti nue to accrue a t th e active rate aga inst a member
during th e perio d he/she is listed 8 S a delinquent membe r.

CONTlli"UING LEGAL f<:n UCATION ro n LAl,I,"YERS

203

for a term of three (3) years an d sha ll receive such compensat ion as may be determined by t he Court.
SEC. 2. Duty ofthe Committee. - The MCLE Committee
sha lt a dministe r and adopt such imp lementing ru les as may
be nece ssary subject to the a pprova l by the Supre me Court. It
sha ll, in consultation with the IBP Boa rd of Governors, pr escribe a sched ule of MCLE fees with the approva l of the Su preme Court.

R u le 14. REINSTATEMENT
SECTION 1. Process. - The involu nta ry listing as a
delinquent member shall be determi ned when th e me mber
pro vides proof of complia nce with the MCLE requirement,
including paym ent of non-complian ce fee. A member may attain the necessary cred it unite to meet the requirement for
the peri od or non-compliance during the period the member is
on ina ctive status. These credit uni ts m ay n ot be counted
toward meetin g the current complia nce period requirement.
Credit units earned d u ring th e period of non-complian ce in
excess of th e number needed to sa tisfy th e prio r compliance
period requirem ent may be counted towa rd meeting th e current compliance period requirement .
SE C. 2. Termination (If deli nquent li sti ng is a n administrative process. - The termina tion of listing a s a delinquent
member is administrative in na ture AND it shall be made by
the MCLE Committee.
Rule 15. CO MMI'ITEE ON MANDATORY
CONTINUING LEGAL EDUCATION

SEC . 3. Staff of th e M CLE Com m ittee . - Subject to the

approval by th e S up rem e Court, t he MCLE Committee shall
employ such statT as m ay be necessa ry to perform the record keeping, au diti ng, reporting, approval a nd othe r necessa ry
functions.
SEC. 4. Submission of a nnual bu dget . - The MCLE
Com mittee shall subm it to th e Supreme Court for approval,
a n a nn ual budget for a [subsidy) to establis h, operate a nd
maintain th e MCLE Program .
Thi s resolution shall take effect on the fifteenth of Septe mber 2000, following its publication in t wo (2) newspa pers
of ge ne ra l circula tion in the Philippines .
Adopted this 22nd day of August, 2000, a s amended on
02 October 200 1.
Daoide, Jr., C.J ., Belloedlo; Melo, Puna, Vitug, Kapuna n
(On Offu:ial Leave), Mendoza, Pangan ibwl. Quisumbing, Pardo,
B uena , Gon z ag a -Rey es , Yn o r es -Sontiag o, De Leon, Jr. .
Sandoval-Gutierez, JJ.

SECTION 1. Composition . - The MCLE Committee shall

be composed of five (5) members, nam ely, a re ti red J ust ice of

Mandatory Continuing Legal Ed ucatio n

th e Supreme Court as Cha ir, and four (4) members respect ively nominated by the 18P, th e Philippine Judicia l Academy,
a law cente r de sign a ted by the Supreme Court and associa ti ons of law schools a nd/or la w professors.

On 22 August 200 1, t he Supreme Court adopted Ba r

Ma tter No. 850 which pertains to the rul es governi ng the
Manda tory Continu ing Le gal Educa tion (MCLE)l. Though the
MCLE has been in th e work s for some tim e, it still came as

Th e members of the committee sha ll be of proven probity

a nd integrity. They shall be a ppointed by the S upreme Court

LTht" Ru le. was rev ised by the Supreme Cou rt on 2 Oct.ober 2001.

204

LEGAl. PROFESS ION

a s u rprise to som e when it was finali zed. "'"h ile ot he r professions s upervised by t he Professional Regulations Com mission
have been required for so me time now to comply with the socalled "con ti n uin g pro fessional education ," it was onl y v ery
recently that th e legal professio n adopte d its very own sim ila r
progra m .

The purpose of the MCLE , 8 S worded in Secti on 1 of the

Ru les on Man datory Con ti nuing Legal Education is :

"Se ction 1. Pu rpose of the MCLE. - Cont inu ing lega l ed ucation is requ ired of members of th e
Integrated Ba r of th e Ph ilippi nes (lBP) t o ensu re
that thro ughout their career, th ey keep abreas t with
law and jurisprudence, maintain the ethics of th e
profession and enha nce the sta nda rds of the practice of la w."
In essence , the MCLE calls for the participation of lawyers in legal ed ucation activit ies a nd completion of at least
thirty-six (36 ) hours of sa id activities a pproved by the MCLE
Committee, aM a condition sine qua non for them to be considered as having in good and regular standing lind not a deli nq uent member . The Supreme Court has laid down the subje cts to wh ich these activities mu st involve, and the nu m ber
of hours to he d evote d to each . Hence, at least six (6) hours
must be dedicated to lega l eth ics, four (4) hou rs to trial and
pre-trial ski lls, five (5) huurs to alte rnative d isp ute resolu ti ons, nin e (9) hours to updates on substantive e nd procedural
laws, a nd juriaprudence, four (4) hou rs to legal writing a nd
o ral advocacy, two (2) hours to international la w and in te rnation a l convent ions , a nd six (6) hours to such su bjects as may
be pres cribed by the MCLE Committee.e
The a bove requirement must be complied with within a
three...year period . The MCLE does not cover all la wyers though .
Some a rc admittedly exe mpte d, lI S provi ded for in Sect ion 7 of
the Rules on MCLE. g HHentially, all la wyers who are act ively

2&-c. 2. Rule 12. Bur Mntter Nil, HM).

3Sec. 2, Ru le 2, ill .

CONTJ"'1JING

U~GAL

EDUCATION FO R LAWYERS

205

engaged in the practice of law a re obligated to undergo the

MCLE.

Need Cor l\1CLE

Funda me ntal is th e lawye r 's duty to "x x x kee p abrea st
of legal developments , pa rticipa te in contin uing lega l ed ucati on programs, su pport t he efforts to ach ieve high standards
in law schools as well a s in the practi cal train ing of la w students a n d assist in disseminating information regardin g the
la w a nd j u ri sprudenco.! Evidently, cont inuing legal ed ucation
ha s a lway s be en en couraged and recognized, as part of a lawyer 's responsibili ties. This obligat ion em a nates from the duties one takes on , as he becom es a member of the Bar. Thus,
lawyers need to be cu rrent in and expand their knowledge of
la w. This he owes not only to hi mse lf, but a lso to his professio n a nd to the publi c. Regrettably, only a handful ha s taken
this r esponsibility seriously. Thou gh progr a ms for continuin g
lega l ed ucati on have a lways be en a vaila ble, only a number of
la wyer s ha ve taken a dva n tage of t hem. They ha ve a lways
been contented with wh at they have le a rned in la w schools
and in t heir p ractice .
Lawyers have a lways been accor de d with res pect. They
hcve long be en regarded in high esteem . They are viewed as
knowledgeable, educa ted, a nd even influential. It is beli eved
that the hi ghly difficult learning pro cess one ha s to go through
in la w school, plus the ul tima te test of h u rd ling the extremely
difficult ba r e xa min atio ns serve a s sufficient training ground
for la wye rs. Regrettably, i n rec ent times, s uch a characteri zetion of lawyers has sign ifican tl y changed . Ma ny now a re of
the con vic tion t hat a number of lawyers are inco mpetent.
Cons equen tly, complaints have bee n m ade against them for
gross ignorance of the la w, and unethica l practice s. Some are
also conside red as in the profession on ly for pecun ia r-y gain
who could no t care less a bou t t he interests of t heir vocation.
The MCLE a dd resses this problem. One of the primordial goals
of the MCLE is inculcate u pon members of the Bar legal

4Canon ri . Code of I' r.. rl"lIllion al Reaponaibrlity .

206

LEGAL PROFES..'HOK

CONTINUING LEGAL EDUCAT ION FOR LAW"'~kS

knowledge that have come up in re cent memory. Lawyers need

to be constantly conscious of t he developments in their field of
learning. They need to be on th eir toes all the time, a nd ca nnot afford to slacken in their practice. Lawyer s aeod to main -

of laws that we h ave is multiplyin g a t a fast pace. And th e

Su preme Court has varied in t he inte rp retation of the laws.
Moreover, dev ol....p-nents and moderni za tion in society bri ng
out a nd hi ghli ght more and more areas of legal concerns . It
th us becomes im pera tive for lawyers to keep upd a ted with t he
developm ents not only in la ws a nd jurispru dence, but also in
othe r fields of interests that have legal implica tions. It is not
enough t hat lawyers read about th em , but st udy the m as well.
Thi s is exactly the inten tion of the MCLE.

tain the highest level of integrity in thei r professi on and by

going back to basic lea rni ng , th ey a re reminded of t he real

na ture of th eir advocacy.
It is true that la wyers learn a grea t deal in th e practice
of their profession, more so if they a re in volved in litigation.
But it cannot be denied that at times it ta kes some hits a nd
m isses. The practi ce of law thus be com es some sort of an

expe riment, which naturally involves failures. This may be

alright if no rights or int erests are compromised. Simply put,
what one acquires in the cours e of learning the ropes of the
trade, 80 to speak, is not enough . Conti nuing legal educa tion,
to a certain exte nt, reinforces a nd even validates what lawyers lea rn in th e practice of their profession. It serves as a
reminder of legal facts a nd information that lawyers may have
over looked or even forgotten in tim e.
Evcn lawyers who a re not involved in litigati on per se,
need to be upd ated . It is a well-accepted principle that almost
all facets of hum an life have some legal leaning s. Every now
and th en, lawyers involved in jobs other than lit igation, are
thus confronted with questions the a nswers to which need to
have some legal anchor. They are also at times confronted
with the duty of dispen sing advicea which necessitate some
legal support. If they would depend only on their fund amental
knowledge, or on what they have learned in school, chances
a re, th ey would be shellin g ou t incomple te, if not inaccurate
re sponses.

207

Significance or the MCLE

The MCLE, in essence is a tool that a llows la wyers to

become compe ten t in th eir profession. It a fford s them the
opportunity for self-improvement. It instills in them the a ware ness of the stri nge nt standards of th eir profession which they
mu st always maintain. It is a mean s of putting in to work th e
principles laid down in the Code of Profess ional Resp onsibility, which contains th e most basic responsibihttea of lawyers.
It mu st be noted that th e requisite s ubjects under th e
MCLE is not entirely confined to purely technica l legal concerns. AP. ca n be gleaned from Section 2, Ru le 8 of the Rules
on MCLE , activities which consti tute contin uing legal edu cat ion must conform to th e following stan dar ds:

"x x x
(a) The activity sha ll have the sign ificant
curre nt in tellectual or practical content .

Certainly, a lawyer's life necessarily involves cont inuous

learning. They can never afford to rely on the knowledge th ey
have acquired so far, and expect th at it would carry them over
to the future. The strict dem ands of their profession require
them to be a ware of th e la te st a nd th e developing trends in
t he area of law.

(b) The activity sha ll consti tute an orga nized

program of learning rel ated to legal s ubjects and
th e legal profession, includ ing cross- p rofessi on activiti es ie.g., account ing-tax or medical-legal) tha t
enhance legal skills or the ability to practice law, as
well as s ubjects in legal writing a nd ora l advocacy.
x x x..

There is no doubt th at our laws a re dynamic. They evolve,

grow and cha nge, to meet the dem ands of times. Laws are
being passed a nd enacte d every 8 0 often . In fine, th e number

The a bove rule clear ly is in recogniti on of the fad th a t

the legal profession relates to other disciplines as well. Un doub tedl y, th ese di sciplines ha ve some bearing in th e law, and

I
I'

III

LEGAL rROf'ESS ION

CONTINUl!'l'G U :GAL ED UCATION t'OR I.AWn ::R.c>

ultimately. they draw out issues that hav e lega l significa nce.
Lawyers cannot brush a side these concerns , on t he assum ption that they are not purely legal matters . No matter how
diminutive the legal implications of these concern s are, it
cannot be denied tha t they carry some influence in the law,
and are in themselves influen ced by the law. It therefore
becomes essential for lawyers, in the discharge of their duties
to society a nd the public, to be a wa re of these concerns, and
the MeLE equips them with such awareness, wh ich in the
end brings about proficiency.

settle controversy if it will adm it of a fair settlement ."" In

bringing a bo ut liti gation , they hav e u nwittingly clogged ou r
courts wit h ca ses that could have been resolved amicably.
Moreover; once these c...ses are pending in courts, the)' may
remai n pending for quite a long time on acco unt of the dilatory machin ation s em ployed by some counsel s, con t rary to his
task containe d in Ca non 12 of the Code of Profession al Responsibility, which states :

208

The MCLE works of the assumption that being upd ated

on the leteet trends in the field of la w tran slate s into competence. There is no gainsaying that our laws and j urispru dence
evolve at a very fast clip . What may be prev ailing now may
become a different matter tomorrow. 1b keep up with the
requirements of their work, it is material for lawyers to continue to be in the know. Otherwise, they shall become stagnant and would be reduced to being obs olete, and thus betr ay
their sworn duty of doing honor to the profession.
It must be stressed here that the MCLE allots the most
number of hours to updates on substantive and procedural
laws and jurisprudence. This is only practical consideri ng that
as already mentioned, changes in the law come up every so
often, and at a very fast pace a t that. Tim e and again, eetebliehed doctrines are modified or even ab andoned by the Supreme Court. It has in fact become increasingly hard for lawyera, especially those swamped with a heavy workload to keep
track of these changes . Often, they find themselves working
on certain premises which no longer h ave a ny su pport in the
law. Often too, they anchor their beli efs on rules which have
already been discarded, whi ch in the process is sacrificing the
intereete of their clients.
it is a common belief that our justi ce sys tem works slowly.
And this can be a ttributed to the voluminous caseloed of ou r
courts. It is und eni abl e that there a re lawyers who, in their
haste to become successful, whi ch they often equate with
monetary gain, handle ca ses, which could hav e bee n eas ily
worked out without bringing them to courts, thus infringing
the primary duty of encou ragi ng their "client s to avoid, end or

2\) 9

"CANO N 12 - A lawyer shall exert every effort and con sider it his duty to assi st in the spee dy
and efficie n t administrat ion of j us tice .
x x x

Rul e 12.04 - A la wyer shall no t unduly del ay

a case, im ped e the execution of a judgmen t or misuse court processes .

x x x"
As the MCLE devote s five (5) hours to a lterna tive dispule resolution, it is hop ed , nay expecte d, tha t there would be
a major reduction in th e filing of unmerito rious cases, or at
the very lea st, there would be an increa se in the early termin ation of the same.

In the ir practi ce of la w, lawyers, sad to a dmi t, someti mes

accide ntally trample u pon the et hical stan da r ds established
for the vocation. Though their numbers may be far and few
between, nonetheless, lawyers in general suffer from a swee ping acc usation of viola ti ng the moral code of thei r profess ion.
The public ha s come to conside r some lawyers to be abus ive,
offensive and conseque ntly unfit to practice law. AB mentioned
earlier, com pla ints a gai nst the m have in fa ct been instituted.
Ind eed , la wye rs are presu med to be acting within the scope of
what is et hica l. Regret tably though , la wyers cannot escape
the fact tha t there are some of them who di sp en se wit h ethical norms . It ca n be a rgued tha t law ye r s need not he remind ed of the mora l principles they are s worn to uphold, as

f>(:llno rJ I , Rule l. UI , Codt! of Prefessicnnl Hl"pollliLility.

I. ~~GA.L

210

PHOFESSION

t hese are fund am ental roles th ey are constantly exposed to.

But with th e number of complaints a ga inst them multiplying
at a n ala rmi ng ra te , it has now become a very preestng need
to in stit utionali ze t he moral educatio n of la wyers . In t h is
regard. the rule on t he MCLE ha s m andated six (6) hou rs of
continuing lega l ed uca tion to t he study of legal ethics. Of
course, lea rning is one thing nnd a pplyi ng wha t ha s been
learn ed is ano th er. But wha t 8 S la wyers from now on need to
deal with iss ue s on legal et hics, they would freque ntly be
remi nisce nt of their moral obligation, wh ich is anticipate d to
wield it s in fluence on them a ll the ti me .

Those opposing the MCLE may invoke the conte nt ion

th at only lawyers who are in liti gation would benefit from it.
This may have som e sembla nce of truth, but it should not be
forgotten th at liti ga tion is only one of t he many facets of the
practice of la w. It is an established rule that the term "practice of law" means "any activity, in or out of court, which
requ ires th e a pplica tion of law, legal principle, practice or
procedure a nd ca lls for legal knowl edge, t rain ing or experience.t" Practi ce is more than a n isola ted appearance, for it
cons ists in frequent or cus toma ry action, a succession of acts
of th e same kind. In other word s, it is a habitual exercise."
Hence, it can be safely said th at virtually all la wyers are in
the pra ctice of la w. Conti nuing legal education then extends
to a ll lawyers, as it provides a mechanics for renewing the
skills, knowl edge a nd training th ey need in the pr actice of
their profession . It can also be said that those who a re in
litiga tion would stand to gain more th an th ose who a re connected with oth er a rea s of the professi on. Whatever their
engagemen t ma y be, th e bottom line is , th e MCLE would
benefit lawyers who are in the practice of la w. Inciden tall y,
th e nile reco gnizes th is fact by making lawyers who are not
in the pr actice oflaw or have retired from it alrea dy exempted
from the MCLE .8

CON'nN llING LEGAL EDU CATION FOk LAWYE RS

Ultimate ly, th e MCLE would provide liti gat ion la wyers

the ideal a ptitude for the trial of t heir cases, thus maintaining a nd even enhancing t he professional competence re quired
of them . Un der the pro gr am, lawyers would be incessa ntly
tutored in th e intricacies of pre-t ria l and trial result ing in th e
rein forcement an d expa nsion of their sk ills in ha ndling court
cases . Needless to state, non-litigat ion lawyers would also
e ndure the same benefit. Alth ough it may a ppear that there
is really no need for t hem to develop their s ki lls in liti gati on,
still, it is undeniable th a t th e MCLE would build in them th a t
sense of rea diness a nd pre paredness to ta ke on the challenge
of litigati on, when th ey need to . Th ere would then be n o point
to be fearful when they need to handle cou rt cases, tor th ey
woul d know exactly what needs to be done. And even if they
continue functioning in th e non-litigation aspect of th e practice, acquiri ng skills corollary to litiga tion work is certainly
ben eficial. It must be r emem bered th at the pr actice of law
"consists in no smal l part of work performed outside of court.
It e mbraces giving legal advice 0 11 a la rge variety of subjects,
conveyancing a nd th e preparation and execut ion of legal inst ru ments covering a n extensiv e field of bu siness an d trus t
rela t ions a nd oth er affairs. Th ey require in many aspects a
high degree of legal ski ll, a wide experien ce wit h men a nd
affa irs a nd grea t capacity for ada ptation to difficult. a nd complex situatio ns. These customa ry functions of an attorney bea r
a n inti ma te relat ion to the administra t ion of justi ce by the
cou rt.t

In lit iga tion , t he re exists the idea that cases are won, to
some extent, by th e ple adings submitted a nd filed in courts.
How well a docume nt is written is th erefore impo rtant as it
could tra nslate to victo ry or defea t . It can neve r be emphasiz ed enough th at lawyers a rc a lways ta ught of th e valu e of
a clear, concise pleading. This holds true eve n for non-litigation papers . Lega l docum e nts, whether to be used in court or
not , need to comply with bas ic require ments la id down by t he
la w. Lawyers may neve r forget th ese elementary rules . But as
laws develop , so do such r-ules. In the sa me breath , la wye rs

61'hiJ. Lawyers AstIn. VlI. Agrava, 105 Phil. 173, al80 in Cayplaoo V8.

Mon...sd.
' People va. Villa nue va, 14 SC RA 109 .

"&>c. 2, Rultl 7.

211

~lhil.

La wyera Assn. V8. Agravll , Ibid .

I.EOAL PROfov ..c;SION

OOJ"jT !NUING ' ..;GAL EDUCATION FOR !..AWYERS

are a lways required to contain th eir oral argu ments wit hin
th e bounds of the la w. They should not pu t up s uch argumen ts j ust for the sa ke of it. Their beliefs are ofte ntimes affected by wh at they know. The MeLlo: is not pre tentious as to
in still certain st y les or writing or s pea king, for styles a re
developed by lawyers them selves. Legal education tries to ta p
into and work on the talen ts of la wyers, a nd not cont rol them.
It merely upgra des them with the lates t ad vancem ent in th ese
a re as, in the hope that they would be applied eventua lly in
the pr actice of la w.

he n sion is more imagin ed than re al. Nonet heless , to be a n

effecti ve tool for im provement, continuing legal ed ucat ion must
start from with in . La wj era must have a genuine desire to
learn and acqui re new skills , otherwise, whatever k nowledge
they would obtain from the MCL E would be meaningless , a s
it would remain unused .

212

Certainly, a s society moves in the threshold of moderniza ti on or globalization, d ealin gs with other socie t ies become
inevitable. AB t hese societi es are governed by t heir own la ws,
which may be d ifferent from ours , conflicts a rise. Lawyers,
who are a lways looked. up to in cases of problems, need then
to focus some a ttent ion on theses issues . Th ey however can not
mainl y rely on the knowledge they hav e acquired through th e
years in dealing with suc h issu es . As a lready d iscussed, laws
a re a lways in a state of evolution. Th ey are regula rly a ltered
a nd modi fied to comply with th e changi ng needs of time. Thi s
is even tru er in the ca se of international la ws , which more
often than not, a re generally ign ored by lawyers, for appare ntly having little sign ificance in our lives. In t he end however, such changes wou ld affect our ve ry own society, 8 S it
moves towards modern times. With the influ x of progressive
way s of life, it is now important for la wyers to keep abrea st
with the highly unpredictable lega l cha nges in the in ternationa l community. By doing so, they become globa lly competitive a nd thus a t par with their internationa l counterparts,
thus enhancing thei r status as professionals .
Despite t he fa ct that continuing legal ed uca tion ha s been
around for qui te some tim e now, its being .mandato ry is a
rela tively new concept. How it wou ld work to ac hie ve its goals
rem ai ns to be seen. It ha s bee n obse rved tha t man y lawyers
have ru shed into pa rticipating in MCl.g - accred ited act ivities, not because of thei r as pira tion to lea rn. The y ha ve heen
motivated in to joining such activi ties only for purposes of
complia nce with the req uir emen ts . It if! hope t hat thi s a ppre-

2 13

PRACT ICAL TIPS FUR LAW STUDENTS

215

vocabulary. Yet, th e sad truth is th at there a rc st ill ma ny la w

st ude nts a nd even la wyers fer that ma tter, who could not
expressed. th eir ideas clearly. Worse. th ere a re even some who
finds difficulty in making good grammatica l construction.

Chapter XV
PRACTICAL TIPS FOR LAW STUDENTS

Studying law is not a n ea sy task. The method of instructi on in the la w school is far different from those em ployed in
other fields of study. Upon hili entrance in the classroom , a
law student ia expected t o know a lrea dy the lesson fOT a parti cular d aRB. Th e so-called "Spoon Feeding" method of teaching is seldom used if not di scoura ged in the law school. La w
students a rc trained to be self-depe ndent not to rely on th e
inputs to be given by the professor. Th e only role of the professor is to guide the stude nt in the proper course of a nalysis,
stu dy habits a nd in proper cases, me morization . It is only
after determining t he capa city of the students to comprehe nd ,
a nalyze and absorb th e is sue or subject matte r of the topic
shall th e professor supply the deficien cy.
Becauae of the kind of tra ining most law school s give
th e ir students, it is important for a stude nt to muster the
techniques in th e study of law.
a)

Improve language skills and use dictiona ry

Studying law also dea ls also with th e study of la ngua ge.

In th is j uri sdiction , the m edi um used in almost all if not a ll,
legal instru ments is st ill the English la nguage. Admittedly,
not all students who enter the law school hav e a wide range
of vocabulary. Consideri ng that having good vocabulary skills
is an adva ntage if not a must , it is indispensable for a law
student to improve his flki1ls on it . Unfortunate ly, no law school
offers as pa rt of its cu rric ulum subjects on vocabulary skills.
Law schools presume that students ente ring th e institut ion
are alrea dY equ ipped with sufficient ability in t he field of

A stude nt who is poor in th e area and who is a lready in

th e la w school needs extra efforts to improve his ba sic vocabula ry skills. And if he is really determined, th ere is no doubt
tha t he will succeed. For this rea son. th e use of a n En glish
dict ionary plays a n important role.
It is highly suggested th at whe neve r a Inw stude nts st udies his lesson, he should see to it th at there is an Eng lish
dictionary bes ide him 80 th a t when eve r he encounte rs words
unfamiliar to him, he could easily look for its meani ng in th e
dicti onary. It is also advis able if he used a n unab rid ged dietiona ry instead of a pocket size one s ince the la tter usu ally
docs not provide uncommon words a nd is ve ry limited in scope.

Using a lega l dictiona ry will a lso prove an a dva ntage,

since la w books a nd articles use lega l terminologies, which
may not be und erstood by a la w st ude nt especially a Ireshman.
Fi na lly, try to read a va riety of materials not only those
which ha ve some thing to do to la w. Magazines , old books,
newspa pers are a mong a few th at would he lp st ude nts improve thei r language skills. Remem be r a ls o th at constant
pra ct ice will count a lot. So practice wri ting a nd speaking in
English regularly.
On e professor sha red his experie nce in th e college oflaw.
While he wa s st ill a law st udent, their clas s ca me up with an
agree ment to a lways speak in English while conversing with
each other. At fir st, every one wa s participating, but after a
few week s or 80, he reali zed th at he wa s on ly the one abiding
with th e agreement . He wa g never bothered a t a ll, instead he
conti n ued honing: his la ngua ge skills. Soon enough, t hey were
a ble to graduate e nd take th e bar exams. Wh en th e result of
th e ba r wa s relea sed , he was the only one in class who ma de
it.
say,

214

The mora l of t he story is : "No matter wha t others may

long as you a re a ware of your deficiency a nd is rea dy

80

l.F..GAL I'P.OFJo';.SSION

216

a nd willing to imp rove on it , go on and you will definite ly rea p

wh at you ha ve sown."
b)

Learn ta lave reading

Studying law entails a lot of reading. So if you a re not

fond of reading a nd yet wa nting to become a lawyer, this is
the ti me to mak e reading a part of you r everyday life . If you
rea lly cannot love reading, forget to be a lawyer.
c)

Imp rove study habits

Study habits will either bring the students in the ladder

of success or in the brink of trouble. If one is reall y determined to be a lawyer, he mu st be r ead y to set aside some of
his val ued activities to 1,tive t ime for his studies. It ha s been
st ressed many times that t he stu dy oflaw carries wit h it a lot
of sac rifice, e.g., family, rela tionships, fri ends, etc. Self-denial
is an inescapabl e fa ct in the la w school and it needs no further elaboration. On e sh ould come to class a dequ a tely prepared. AB ha s been sai d earlie r, a la w s tudent is pres umed to
be pre pared in his lesson upon his entrance in the classroom.
Incidentally, even if the student is not prepared with his lesson for a particular day, it is st rongly advised that. he should
st ill come to class because he could still learn from the class
discuss ion especially the pointers to be gtven or stressed out
by the professor.
Memorizin g important provisions of law may a lso work
a n advantage though it is not a lwa ys a must. However, don 't
j ust memori ze for the sa ke of memori zin g, in order to pass the
day's reci tation or exa minat ion . Memorize with understanding.
d)

S tart bu ilding up pe rsona l library

For a la w student fresh in the law school, it is always

a dvisable to start inves ting in books since he will defini tel y
utilize this when he takes hi s regula r and pre-bar review.
Avoid buying books only while reviewing fo r the ba r as this
will most probably lead to cramm ing .
Moreover, he will sur ely need these books when he is
a lready a lawye r.

PRACTICAL TIPS FOR L.AW STUDENTS

e)

217

I mp rove penmanship

A la w stude nt should a lso im prove his pen manship, not

necessarily nice but should be eas ily re ad able. Try to remem ber that the ba r examina ti ons is in writing a nd tha t no one
in ou r country will become a la wyer u nless he pass t he bar
exam inations.

Incidentally for this purpose , it is better to start practicing

you r self to use sign pens, foun tain pens or ot he r similar ink

pens as these are th e only types of pens th a t are a llowed to

be used in the bar examina tions. Hence, by constantly using
the se pens, one will get familiar with it withou t prej udicing
his s trokes a nd the neatness of his writings.

Observe com mo n sense

Almos t al ways, law deala with the a pplicatio n of cornmon sense. In studying la w, always switch on you r faculty of
reasoning and logic.

S(l ~f E

Chapter XVI
SOME BASIC LEGAL PRINCIPLES
AND MAXIMS

BAS IC U :GAL P1UNCIPU;;S AND MAXIM S

219

13.

Delegare Non Poteet Delegare - Wh at has bee n delegated ca nnot he fu rther delegated.

14 .

Deluo -

15.

Dolo -

16.

Ejusdem Generis - An enumerat ion of a clas s of things

includes a ll ot he rs of the sam e class.

17.

Exp ressio Uniu e Est Exci usio Alterius - The express

mention of things excluded, excludes only t hose that
are excluded.

18.

Falsu s In Uno. Fol eus I n Omnibus fa lse in a ll.

Felony.
Deceit (Fra ud).

1.

A beratio Ictus - Mistake in the blow, that is, when the

offende r intending to do a n inj ury to one person act ually inflicts it on another.

19.

Ignora ntia Facti Excueat -

2.

Ab senti Nema Ne N ecui sse Veli! - Let no on e be willing

to spe ak ill of the a bse nt.

20 .

Ignora ntia Legis Neminem Excusat - Ign ora nce of the

law excuses no one from complia nce therewith .

3.

Actu s Me Invito Factus No n E st Meus Actu s - An a ct

done by me a gai ns t my will is not my act.

21.

I n Pari Deli cto -

4.

Actus Non Facit Reum, Nisi Mens Sit Rea - The act
does not make a person criminal unless his mind be

22 .

Ind usia Uni us Es t Exdusio A lterius - Th e express

mention of the things included excl udes those not included .

23.

Inter Alia - Am on g ot her things.

24 .

Inter Vivos -

25.

Jus Disponendi -

26 .

J U3 Fru endi -

27 .

Jus Utendi -

28.

Ju s Ven d ican di -

crimina l.

5.

Anim us Ma nendi -

6.

Animu s Revertendi -

7.

Caso Fortuito -

8.

Ca usa Proxima N on Remota Spectatur - Th e law considers th e proxima te ca use and not the remote one.

9.

Caveat E mptor -

Let t he bu yer beware.

10 .

Corpus Delicti -

The bod y of the crime.

ll.

Culpa -

12.

Da m nu m Absque I nju ria - Damage without legal inj ury. Th ere ca n be dam a ge without legal inj ury in those
in stances in wh ich the loss was n ot the res ult of a violation of a leg al injury.

Intention to remain .

Intention to return.

Fortuitous eve nt.

Fault.

2 18

29 .

Fal se in one,

Ign ora nce of fact excuses.

In equ al fault.

During the lifetime.

Right to dispose , trans fer or destroy.

Right to the frui ts.

Right to use.
Right to recove r or vindica te.

Melts Sa na In Corpore Sano - A sou nd mind in a sound

body.

30.

Mora A ccipiendi - Delay of th e obli ge e or cre d ito r to

acce pt t he delivery of th e thing whi ch is the object of
the obligati on.

3 1.

Mora S olvend i - The delay of the obligor or debtor to

perform his obli gation.

32.

Morti s Causa -

By reason of death.

LEGAL PROFESS ION

220

33.

N oscitur A S ociis - The mean ing should be derived

from accompanying word s.

34.

Nullum Crimen, N ulla Poena Sine Lege crime if there is no law punishing it.

There is no

APPENDIX " A"

35.

Pacta S unt S erva nda - Stipulation s of the parties must

be com plie d with reli giously a nd in good faith.

LAWYER'S OATH

36.

Par In Parem Imperium Non Habet - An equal h as n o

power over a n equal.

37.

Res Ipsa Loq uitor -

38 .

Res Judicata - A thing or matter settled by judgment,

hence, cannot be retried or reopene d, as a matter of
role.

39.

Res Nulliu s -

40.

& 8 Periii Domino - The t hi ng pe rishes with its owner.

It means that the owner of a thing must be t he one to
suffer its 10 8 8 or damage and not so meone else .

41.

Salus Populi Est Suprema Lex - The welfa re of the

The thing speaks for itself.

Property without an owne r.

people is the supreme law.

42.

S ic utere tuo at alienum non laedas - U se your own

property in such a manner 8S not to injure the ri gh ts of
an other.

13.

Stare Decisis - It is a policy of courts to stand by

precedent and not to disturb settled poin ts, It is a
Doctrine that, when a court ha s on ce laid down a principle of la w as applicable to a certain state of facts, it
will a dhere to that principle, a nd a pply it to all future
cases, where facts are subs tantially the same .

44.

Ubi lex non dis tinguit, nee nos d istinguere debe mus When the law does not distingu ish, we must not di stingui sh,

45 .

Void Ab Initio -

I, (state the name), do solem nly swea r that I will m a in tain a llegiance to the Rep ublic of the Philippines; ] will sur port its Constitution and obe y t he la ws 8 S well as the lega l
orders of the duly cons tituted a uthori tie s therein ; ] will do no
fa lsehood , nor consent to the doin g of a ny in court; I will not
wittingly or willingly promote or sue a ny groundless, fal se or
unlawful sui t, nor gi ve ai d nor conse n t to t he same; I will
delay no man for money or malice, and will cond uct myse lf as
a lawyer according to the be st of my knowledge and d iscreti on, with all good fid eli ty as well to the courts as to my
clients; and I im pose upon my se lf this volu ntary oblig ation
without a ny mental reservation or purposes of evasion . So
he lp me God,

Void from the beginning.

221

I
APP ENDIX "B"
Rule 138
ATTORNEYS AND ADMISSION TO BAR

SE CTION 1. Who may practice law. - Any person heretofore duly admitted as a member of th e bar, or th ereafter
admi tte d 8S su ch in accordance with th e provisions of thi s
role, and who is in good and regular standing, is entitled to
pra ctice law.
SEC. 2. R equ irements (or all applicants for admiss ion to
the bar. - Every a pplicant for admiss ion as a member of th e
bar mu st be a citizen of th e Philippines, at least twenty-one
years of age, of good mor al cha racter, and a residen t of th e
Philippines; a nd mu st produce before the Su prem e Court sa tisfactory evidence of good moral character, and th at no charges
agains t him , invol ving moral turpitude, have been filed or are
pending in any court of th e Philippines .
SEC. 3. Requirements for la wyers who are citizens of th e
United S tates of America . - Citi zens of the Un ited St ates of
America who, before July 4, 1946 , were du ly licensed members of th e Philippine Bar, in active practice in the courts of
th e Philippines a nd in good a nd regular sta nding 8 S such
may, upon sa tis factory proof of these facts before th e Supreme
Court, be a llowed to continue such pr actice afte r taking the
following oath of office.
"I, <State the Name), ha ving been permi tted to
continue in the pr actice of law in th e Philippines ,
do solemnly swea r th at I recognize the su pre me
a uthori ty of the Republic of th e Philippines; I will
support its Cons titution and obey th e laws as well
222

APi -i": NDlX R

:123

as th e legal orders of t he duly cons tituted au thori ties therein; I will do no fal sehood, nor consent to
the doing of any in court; J will not wittingly or
willi ngly promote or S UI! a ny woundless, false or
unla wful suit, nor give a id nor consent to the same;
I will delay 110 man for money or malice, and will
conduct my self as a la wyer according to the bes t of
my knowled ge a nd discret ion with a ll good fidelity
8 S well to the courts as to my clien ts; a nd I impose
upon myself thi s voluntary obligation wit hout any
men tal reservati on or pu rpo se of evasion. So hel p
me God."
SE C. 4. Requirements (or applicants from other jurisdictions. - Applica nts for admission who, being Filipino citizens,
a re enro lled attorneys in good standing in th e Su preme Cou rt
of t he Uni ted Sta tes or in a ny other circuit Cou rt of Appeal s
or dis trict court therein, or in the highest court of any Slate
or Terri tory of th e United Sta tes, a nd who ca n show by satisfac tory certifica tes that th ey ha ve practiced at leas t five
yea rs in a ny of sa id courts, th at s uch practice began before
July 4, 1946 , a nd that they have never been suspended or
di sbarred, may, in th e discretion of th e Court, be admit te d
without examina tion.
SE C. 5. Addition al requirements (or other applica nts . All applicants for admiss ion other th an those referred to in
the two pre ceding sections shall, before being admit ted to the
examinati on, sat isfactori ly show that th ey have regu larly stud ied la w for four years , a nd succe ssfully completed a ll prescri bed cou rses, in a law school or university, officially a pproved and recogni zed by the Secretary of Education. The
affidavit of the ca ndida te, accompa nied by a certificate from
the university or school of law, shall be filed as evide nce of
such facta, a nd further eviden ce may be requ ired by the court.
No a pplica nt shall be admitted to the bar exam ination
unless he h as satisfactori ly completed the following cou rses in
a law school or un iversity dul y recognized by th e govern ment :
civil la w, commercia l law, re medial la w, crimi nal law, publi c
a nd pri va te in ternational law, politi cal law, labor and social
legisla tio n, medi cal jurisprude nce, taxation a nd legal ethics.

d
I

I
I

22'

LEGAL PROn :SS ION

SEC. 6. Pre-La w . - No a pp l icant for admission to the bar

examina tion shall be ad mitted unless he presents II certificate
that he has satisfied th e Secretary of Educa tion that, before he
began t he study oflaw, he h a d pursued an d satisfactori ly complete d in an authorized and rec ogni zed university or college,
requiring for admiss ion t hereto the completion of a fou r-yea r
hi gh school course, the cou rse of study prescribed t herein for a
ba chelor 's degree in arts or sciences wit h a ny of the following
s ubjects 8S major or field of concentration: political science,
logic, English, Spanish , history, a nd economics.

SEC . 7. Time for fi ling p roof of q ualifICation s. - All

applicants for a dmissio n shall file with the cler k of the Supreme Court the evidence required by sect ion 2 of this rule at
leas t fifteen (15) days before the beginni ng of the examinetion. If not emb raced within sec tions 3 a nd 4 rithis role, they
shal l a lso file within the same period the a ffidavit a nd certificete req uired by section 5, a nd if embraced wi thin sections 3
and 4 they shall exhi bit a license eviden cing the fact of their
admission to practice, satisfactory evidence tha t the same ha s
not been revoked, a nd certificates as to their professional standing. Applican ts sha ll a lso file at the sa me time t heir own
a ffidavits as to th eir age, residen ce a nd citizenshi p.

APPt~NDIX

- B"

225

bring pa pe rs, books or notes in to the exami na tion rooms . The

q ue stions shall be the sa me for all examinees a nd a ropy
t hereof, in English or Spanish, sha ll be given to each exeminee. Exa minees sha ll answer t he questions personally without he lp from a nyone.
Upon verified a pplica tion mad e by a n examine..ee stating
that his penman sh ip is so poor that it w ill be difficult to read
his a nswers wit hout much los s of time, t he Su preme Court
may a llow such examinee to u se a typewriter in an swering
the question s. Only noisele ss type wri t ers s ha ll be allowed to
be used.
The committee of bar exa m ine rs sha ll take s uch preca utions as are neces sa ry to prevent the su bstit ut ion of papers or
com missi on of other frauds . Exami nees shall not place the ir
na mes on the exa mination pa pers. No oral examination shall
be gi ven .

SEC. 8. Notice u{ applications. - Notice of a ppli cati ons

for admission shall be published by the clerk of the Supreme
Court in newspa pers pu blished in Filipino, English and Spanish, for a t lea st te n (0) days before the begin ning of t he
examination.

SEC. 1I. A nnu al examination . - Examina ti ons for adm ission to t he ba r of the Philippines shall take pla ce an n ua lly
in the City of Manila. They shall be held in four days to be
designated by the chairman of the comm ittee on ba r examine rs . The s ubject shall be d istribu ted as follows: First day:
Political and Inte rnationa l La w (morning ) a nd Labor a nd Social
Legi sla tion (afternoon); Secon d day: Civi l La w (morni ng) and
Taxation (afternoon); Third day : Me rca ntile Law (moming)
and Cri m inal Law (afternoon ); Fourth day: Remedia l La w
(morn ing) a nd Legal Et hics a nd P ractical Exerc ises (afternoon ).

S EC. 9. Examination; subjects. - Applicant.s, not otherwise provided for in sections 3 a nd 4 of this rule, shall be
subjected to examinations in the followin g subjects: Civil La w;
Labor a nd Social Legislation; Mercantile Law; Cri minal Law;
Political Law (Const itutional Law, Pub lic Corporations, and
Public Officers); International La w (Private and Publ ic); Taxation ; Remedial La w (Civi l Procedure, Criminal Procedure, a nd
Evidence); Legal Ethics a nd Practica l Exer cises (in Pleading
a nd Conveyancing).

S EC . 12. Committee of examiners. - Exami nations shall

be cond ucted by a committee of bar exami ners to be appointed
by the S u preme Court. Th is committee shall be composed of
a Justice of the Supreme Court, who sha ll act 8 S chairman,
a nd who shall be design ate d by the court to se rve for one year,
a nd eight members of the bar of t he Philip pines, who sh all
hold office for a period of one year. The na me s of the members
of t his committee shal l he publ ished in each volume or the
official reports .

SEC . 10. Bar exam ination . by qu estion and ansuiers,

Pe rso ns taking the examination sha ll not

SEC. 13. Disciplina ry measures. - No ca nd idate shall

endeavor to influence any member ufthe committee, and du ring

and in wri ting. -

,.."

LEGAL "UOfESSIO N

ex a mi n ation th e candid a tes s hall not com m unicate with each

oth er nor sha ll they give or re ceive any ass istance. The can dldate wh o viola tes this pro vision , or a ny other pr ovision of this
ru le, s hall be barred from t h e exami nation, and th e same to
count as a fail ure against him, a nd further disciplinary nction, including perm anent di squalification , may be taken in
t he d iscretion of the court.
SEC. 14. Passing a verage. - I n order th at a candidate
may be deemed to ha ve passed his exam inations successfully,
he must h ave obtained a ge neral a ve rage of 75 per ce nt in a ll
su bjects , with out fa ili ng be lo w 50 per cent in any s u bject, ( 0
determining the average, the subjects in the examination shall
be give n the following relative weights: Civil La....., 15 per ce nt;
Labor and Social Le gislation , 10 per cent; Mercantile Law, 15
pe r cent; Cri minal Law, 10 per cent ; Pol itical find In tern eti onal La w, 15 per ce nt ; Tax ation, 10 per ce nt; Remedial Law,
20 per cent; Legal Ethics a n d Practical Exercises, 5 per cent.
SE C. 15. Report of th e Com m ittee; filing of exa mina tion
Not la te r than F ebrua ry 15t h after th e ex amination, or as 800n a s t hereafter ne m ay be practicable , the comm ittee shall file its report on the result of such exam inati on.
Th e exa mi na tion papers a n d notes of t he committee sh a ll be
filed with the clerk a nd may there be exam ined by t he parties
in interest, afte r t h e court h a s a pp roved t he report.

papers. -

SE C. 16. Failing candidates to take review course. Cand idates who hav e failed t h e bar exam inations for three
t imes shall be di squalified from taking' a n ot her exam ination
u n less they show to the satisfac t ion of the court that t hey
ha ve enrolled in and passed regular fourth year review classes
as well as attende d a pre- b a r review cou rse in a recogni zed
la w school.
The professors of t he indi vidu a l review subjects attended
by t h e ca ndidates u nder this rule s hall certify unde r oa t h that
t h e ca ndidates ha ve regularly a t ten ded classes and pa ssed
the s ubjects under t he sa me cond it ions as ordinary stu dents
a n d the rat ings obtained by t h em in the particul a r subj ect.
SEC . 17. A d mission and oath of successful applicanie. >
An appli ca nt wh o h UB pa s sed the required exa mi nation. or

APl'gNDIX

-n-

227

ha s been otherwi se found to be enri t lod to ad missi on to t he

bar, shal l take a nd s ubs cribe before th e Supreme Court th e
correspon ding oath of office.
SEC. 18 . Certificate. - The Su preme Cou rt shall t he re.
upon admit the a p plicant 8 8 a member of the bar for all the
courts of the Philippines, and s hall d irect a n order to be en.
te red to t hat effect upon it s record s, a nd t hat a certificate of
su ch record be given to him by the cle rk of co urt, whi ch certifi cate s hall be h is au t hority to practice.
S EC . 19 . A t/orney's roll . - The cle rk of the Supreme
Cou rt shall keep R roll of a ll ::;t torne ys admitted to practice,
wh ich roll s h a ll be sign ed by t he person admitted when h e
recei ves his ce rtificate .
SEC. 20 . Duties of attorneys . torney:

I t is t he duty of 811 a t.

a)
To maintain allegiance to the Repub lic of the Phil .
ippinea and s u p po rt the Constitution a n d obey th e Jaws of th e
Philippines.
b) To observe a nd ma intain the respect due to t he
cou rts of justice An d jud icia l officers;
c)
To couns elor mai ntai n such actions or proceedings
only as a ppea r to him to be j us t, and s uc h d efenses only as he
be liev es to be h on es tly debatable u nder the law;

d ) To employ, for t he purpose of maintaining the ca uses

confided to hi m , s uc h means only as are consistent with truth
a nd honor, a n d never seek to mislead t h e jud ge or any j udicial
officer by an a rtifice or false statemen t of fact or law;
e)
To m ai n tain inviola te the co nfidence, a nd at every
peri l to h imsel f, to preserv e t he secrets of h is clien t , and to
accept no compensation in con nection wi t h h is clie nt's bustness ex cept from him or wit h h is kn owle d ge a nd ap proval;

To a bsta in fro m all offensive personality a nd to

a d va nce no fa ct p rejudicia l to t he ho no r or reputation of a
party or wit ness, unless requi red by the j ust ice of t he cause
of whi ch he is charged;

I,

III

2:.!R

L EGAL I'HOf<' F.sSION

g) Not to encourage either t he com mencement or the

contin ua nce of a n act ion or proceeding, or delay any man's
cause, from a ny corrupt mot ive or interest;
h) Neve r to reject , for any consi deration perso nal to
himself, the cause of the defenseless or oppressed;
i)
In the de fense of a perso n accused ofa crime, by a ll
fa ir an d hon orabl e mea ns, regard less of h is persona l opinion
as to the guil t of t he eccnsed, to present every defen se that
the law permits, to the end tha t no pe rs on may be deprived
of life or liberty, bu t by d ue process of la w.

SEC. 21. Authority of attorney to appear. - An attorney

is presumed to be properly a uthorize d to r epresen t a ny ca use
in wh ich he appea rs , a nd no written power of a ttorney is
required to a utho rize him to a ppear in court for hi" client, but
the presid ing jud ge may, on mot ion of eithe r party and on
reasona ble grounds therefore being s how n, require a ny attorney who assumes the right to a ppear in a case to produce or
prove the a utho ri ty under which he a p pears, and to disclose,
whe never pertinent to a ny issue, the na me of the person who
employed him , a nd may thereupon make such order as justice
requires. An a ttorney willfully a ppeari ng in court for a persons without bei ng employed, un less by leave of the court,
may be punished for conte mpt 8S an officer of th e court wh o
ha s misbeha ved in his officia l transa ct ions .
SEC. 22. Attorney who appears in lower court presumed
to represe nt cl ient on appeal. - An attor ney who a ppears de
p a rte in a case before a lower court s hall be presumed to
con tin ue re presenting his client on a ppeal, unless he files a
fonnal petition withdrawing his appearance in the ap pella te
court.
SEC. 23. A uth ority of attorneys to bind clients. - Atto rneys ha ve authority to bi nd their clients in any case by a ny
agreeme nt in relation the reto ma de in writing , a nd in lak ing
appea ls, a nd in a ll matte rs of ord inary judicial procedure. But
they ca nnot, without special autho rity, compromise thei r clie nt's litigation, or recei ve a nyt hing in discharge of a client's
cla im bu t the full a mount in cas h.

API'I<:NDIX

-u-

229

SEC, 24 . Compensation ofattorneys; agreement as to fees.

- An a ttorney shall be en titled to ha ve and recover from his
clients no more tha n a reasonable compen sation for his services, with a view to the importa nce of the s ubject matter of
the controversy, the extent of the services re ndered, and the
professional standi ng of the attorney No court sha ll be bound
by the opinion of attorneys as expe rt witneSS(ls as to the proper
com pensation, bu t may d isr egard such tes timo ny a nd base its
conclus ion on its own professional knowledge. A written contract fOT se rvices s h al l control the a mount 00 be pai d therefore
unless found by the court to he unconscionab le or u n reason,
able.
SEC. 25. Unlawful reten tion of clients funds; contempt,
- When an attorney unjustly retai ns in his ha nd s mon ey of
his client after it ha s bee n dem a nd ed, h e may be punished for
contempt as a n officer of the Court who has misbeha ved in h is
official transaction s ; but proceed ings under this sec t ion shall
not be a bar to a cri mina l prosecution .
SEC . 26. Change of attorneys . - An attorney may reti re
at a ny time from a ny action or special proceeding , by the
written consent of hi s client filed in cou rt . H e may a lso retire
at any time from a n act ion or special proceedi ng, without t he
consent of his client, should the court, on noti ce to the client
and a tto rney, a nd on hearing, determin e that he ou ght to be
allowed to retire. In case of substi tut ion, th e name of the
attorney newly em ployed sha ll be entered on the docket of t he
court in place of the form er one , an d written notice of the
cha nge shall be give n to th e a dverse party.
A client may at any time dismi ss his attorney or eubstitute a nother in hi s pla ce, but if the contract between clien t
an d a ttorney ha s been redu ced to writing a nd the d ismissa l of
the a ttorney was without jus tifiable cause, he s ha ll be en titled to recover from the client the fu ll compensation stipu la ted in the contract. However, the a ttorney may, in the dis.
cretion of the cou rt, inte rvene in the case to protect h is rightA.
For the payment of such compensation, the attorney sha ll
ha ve a lien upon al l Judgmen ts fO T th e payment of money, a nd
executions issued in pursuance of such Judgm ent, re ndered in
the case wherein hi s services had been retained by the client.

230

U';GAL PROFE SS ION

APP~":DlX B~

SEC. 27. Disba rment or suspension uf attorneys by S uo

preme Court , grounds therefor. - A me mbe r of the bar may he
d isbarred or sus pended from his office as atto rn ey by th e
S u pre me Court for any deceit, ma lpractice, or other gros s
misconduct in such office, grossly immoral conduct, or by reason of his conviction of a cri me involvi ng moral turpitude , or
for a ny violat ion of the oath whic h he is required to take
before ad mission to practice, or for a willful disobedie nce of
a ny lawful orde r of a su perio r court, or for corruptly or willfull y
a ppearing as a n attorney for a party to a case witho ut a uthority so to de. The practi ce of soliciting cases a t law for the
purpose of gain, eithe r personally or th rough pa id agents or
brok ers , constitutes ma lpractice.
SEC. 28. S uspens ion of attorney by the Court of Appeals
or a Reg ional '[rial Court . - The Court of Appeal s or a Regional Tri al Court may suspend an atto rney from practi ce for
a ny of the causes nam ed in th e la st precedin g sect ion, and
a fte r such sus pe nsion, suc h a ttorney sha ll not practice his
profession until further action of the Su preme Court in the
premises .
SEC . 29 . Upon su spension by Court of Appeals or Reg ional Trial Court, further p roceedings in Supreme Cou rt. Upon such sus pens ion, rhe Court of Appea ls or the Regional
Tri al Court shall forth with transmit to the Su pre me Court a
certified copy of the orde r of sus pe ns ion a nd a full statement
of the facts upon wh ich the same wa s ba sed . Upon rece ipt of
such certified copy a nd statement, the Supreme Court sha ll
m ak e full inv estigation of the facts involved and mak e such
order revokin g or extendi ng the suspension, or rem oving th e
a ttorney from his office as such , as the facts warrant.
SE C. 30. Attorney to be hea rd before removal or suspe nsio n. - No a ttorney sha ll be re moved or s uspended from th e
practi ce of his profession , until he has had full opportunity
upon reason abl e noti ce to a nswer the cha rges a gainst him, to
produce witnesses in his own be half a nd be heard by himsel f
or coun sel. But if upo n re asonable notice he fa ils to a ppear
a nd a nswer the accusation, the court may proceed to determi ne the matte r ex parte.

211

S EC. 31. Attorneys for destitute lit igant.". _ A court ma y

assign an attorney to render professional aid free of charge to
a ny party in Jl case, if upon investigation it a ppears that the
party is destitute a nd unable to employ an attorney, and that
the services of counsel are necessa ry to secure the ends of
justice an d to protect the rig hts of the party. It s hall be the
duty of the a ttorney so assigned to render the req uired service, unless he is excused therefrom by the court for sufficient
ca use shown.
S EC. 32. Comp ensation for attorneys de oficio. _ S u bj ect
to ava ila bility of fund s as may be provided by law the court

may, in its discretion , order a n a ttorney employed a s counsel

de oficio to be compe nsated in such sum as the court may fix
in accordance with section 24 of this rul e. Wherever such
compe nsa tion is allowed, it sha ll not be less than thirty pesos
(P3D) in any case, nor more than the following amoun ts: 0 )
Fifty pesos (P5D) in light felonies; (2 ) One hundred pe sos (PlOD)
in less grave felonies ; (3 ) Two hundred pesos (PlOD) in grav e
felonies othe r than capital offenses; (4) Five hu ndred pesos
(P500 ) in capital offen ses .
SEC. 33 . Standing in court of persons au th orized to ap pear for Govern ment. - Any official or other person a ppointe d
or designated in accordance with law to a ppear for the Gov.
e m ment of the Philippines sha ll have all t he rights of a dul y
authorized member of the bar to a ppear in any ca se in whi ch
sa id government has a n in terest direct or ind irect.

SEC. 34. By wh om lit igation conducted. _ In the court

of a m unicipality a party may conduct his liti gation in pe rson,
with the ai d of an a gen t or fri end appointed by him for that
purpose, or with the a id of an attorney. In any other court, a
pa rty may conduct his litigati on persona lly or by ai d of an
attorney, and his a ppearance m ust be either persona l or by a
duly a ut horized member of the bar.
SEC. 35. Certa in attorneys not to p ractice. - No judge or
other official or employee of the supe rior courts or of the Office
of the Solicito r Gene ral, s ha ll engage in pri vate pract ice a s a
mem ber of the ba r or gi ve professional advice to clients.

LEGAL PROFESSI ON

SEC . 36. Amicus curiae. - Experienced and impartial

attorneys may be in vited by the Court to appea r as amicus
curiae to help in the d is position of issued submitted to it. (As
amended by Resolution of the Supreme Court, dated May 20,
1968.)
SEC. 37. Attorneys' liens. - An attorney shall have a
lien upon the funds , documents a nd papers of hie client which
ha ve lawfully come into his possession and may reta in the
sa me until his lawful fees a nd disbllrsements have been paid,
and may apply su ch funds to the satisfaction thereof. He shall
a lso have 8 lien to the same extent upon all j udgmen ts for the
payment of mo n ey, a nd execu tions issu ed in pursuance of s uch
judgments, which he ha s secu red in a liti gation of hi s client,
from and after the time when he shall have ca used a statement of his claim of such lien to be en te red upon the record s
of the court rendering such j udgment, or issuing such execut ion, a nd shall have caused wri tte n notice thereof to be delivered to his clie nt and to the a dverse party; and he shall have
the same rig ht a nd power over such j ud gments and executions as his client would have to enforce his lie n and secure
the payment of his j ust fees and disbursements.

APPENDIX

"e"

RULE 138-A
LAW STUDENT PRACTICE RULE

S ECTION 1. Conditions (or Student Practice. - A law

studen t wh o has s uccessfully com pleted hi s 3 rd year of the
regular four-year prescribed la w curriculum and if e nrolled in
a recognized law school's cli nical legal education program a pproved by the Supreme Court, may a ppea r without compensa tion in any civil, criminal or a dminist rative case be fore a ny
trial court, tribuna l, board or officer, to represent indigent
clients accepted by the lega l clinic of the law school.
SEC. 2. Appea rance. - The appearance of the law student a u thori zed by this rule, sha ll be under the di rect su pervisi on and control of a me mber of the In tegrate d Bar of the
Philippines duly accredited by the la w school. Any and all
pleadings, mot ions, bri efs , memoranda or other papers to be
filed , must be sign ed by the su perveni ng attorney for and in
be half of the lega l cli nic.
SEC. 3. Privileged commu nications, - The rules safeguarding privileged communications between atto rney a nd
clie nt shall app ly to simi lar com m u nicat ions made to or received by the law st ude n t, acting for the lega l clinic.

SEC. 4. Sta ndards of conduct a nd euperuieion , - Th e

law studen t sha ll comply with the standards of professiona l
cond uct governing members of the Bar. Failure of an at to rney
to provid e adequate supervision of stu de nt practice may be a
ground for discipli na ry ac tion. (BC Circular N o. 19, prom .
D(,c. 19, 1986.)

233

I
APPENDIX " 0"
RULE 139
DISBAR MENT OR SUSPENSION
OF ATTORNEYS
SECT ION 1. Motion or complain t. - P roceedi ngs for t he
removal or sus pe ns ion of at torn eys may be take n by the Suprem e Court on its own motion or upon the compla in t under
oat h of anoth er in writing. The complaint shall set out distinct.ly, clearly, a nd concisely the facts complai ned of, su pported by affidavi ts, if a ny. of persons h aving person al knowl ed ge of the facts therein a lleged an d sh all be accom pa nied
with copies of such documen ts 8 S may subs tantia te sai d facts .

SEC. 2. S ervice or dismissal . - If the compla int appears

to merit action, 8 copy thereof shall be se rved upon the respond ent, requiring him to a ns wer the same within ten (10)
da ys from th e dale of servi ce. If t he com plai nt does not merit
a ction, or if the a nswer shows to th e sa tisfaction of the Supreme Court tha t the co m pla int is not meri toriou s, the same
shall be dism issed .
SEC. 3. Investigation by Solicitor General. - Upon th e
issues rai sed by the com pla int and ans wer, or u pon failure of
t he respondent to answer, the ca se sha ll be referred to t he
So licitor General for in vestigation to dete rmine of t here is
sufficient gro und to proceed with the prosecut ion of t he respon dent. In the inve stigation conducte d by the Solicitor General, the respond ent shall be given full opport unity to defend
himself, to prod uce witnesses on his own behalf, a nd to be
he ard by himself a nd couns el. However, if upon rea son abl e
noti ce, the respondent fail s to appear, the investigation sha ll
proceed ex pa rte.
234

AI-'PENDI X

~ D"

235

SEC. 4 . Report of the S olicitor Gene ra l. - Based u pon

the evidence a dd uced at the hea ring, if the Solicitor Genera l
finds no sufficie nt ground to proceed against t he respondent,
he shall submit a re port to the Supreme Cou rt contai ning his
findings of fact and conclusion, whe re upon t he respond ent
sha ll be ex one rated unless the cour t orde rs d ifferentl y.
S EC . 5. Complaint of the Solicitor General. A nswer of
responden t. - If the Solicitor Genera l fin ds s ufficient ground
to proceed agains t the responden t , he sha ll file the corresponding com pla int , accom pa nied with a ll the evi de nce introduced
in his in vest igat ion , with the Supreme Cou rt, and the re sponde nt shall be se rved by the clerk of the S upreme Court
with a copy of the complaint with d irection to answer the
same within fiftee n (5) days .
S EC. 6. Evidence p roduced before Solicitor General ava ilable. - The e vide nce prod uced before the Solicito r General in
his investi ga ti on may be consi dered by the Su pre me Court in
the final inve st igation of the case , if the r es pondent had an
opportunity to object and cross-exam ine . lf in the respond ent's
a nswe r no statement is made as to any inte ntion of introducing a d diti ona l evide nce, the case shall be se t down for hearing, upon the filing of such a ns wer or upon the expira tion of
the time to file the same.
S EC . 7. Com m issioner to investig ate and recom mend.
R ules of evidence. - Upon receipt of the respon dent's a nswer,
wherein a s tate ment is made a s to h is desire to in troduce
addit ional ev ide nce, the cas e sha ll be r efe rred to a commissione r who , in the discretion of the court, may be the clerk of
the Su preme Court, a judge of the Region a l Tri al Court, or an
attorney-at- la w for investigation , r eport a nd recommendation.
The Soli citor General or his re presentative s ha ll appear before the commissioner to conduct the prosecution. The re spondent shall be give n full upportunity to defe nd himself, to produce ad ditio nal evidence in his own behal f, a n d to be hea rd by
himse lf a nd counsel. However, if upon rea sonab le notice the
respondent fails to appear, the in ve stigation sha ll proce ed ex
pa rte. The ru les of evidence shall be a pplicable to proceed ings
of this na t ure .

236

LEC.\L PROFESSION

SEC. 8. Report of com m issione r and hearing , - Upon

receipt of the report of the commissi on er, copies of which sha ll
be furnish ed th e Solicitor Gen eral a nd th e respondent , the
case shall he set down for hea ri ng before the court, followin g
wh ich th e case sha ll be considered submitted to the court for
its fin al determinati on.

APPENDIX "E"
RULE 139A

SEC. 9. Procedu re in Court of Appeals or Reg ional Trial

Court. - ;'1; far as may be app licable, th e procedure a bove
outlined shall likewise govern the filing and investigation of
com plaints again st attorneys in the Court of Appea ls or in
Regional Tri al C OUit. In ca se of suspension of the respondent,
the judge of Regional Tri al Court or J ustice of th e Court
Appeals sha ll forthwith t ra nsmit to th e Supreme Court a
certified copy of the orde r of suspens ion and a full statement
of the facts upon which same is based.

SECTION 1. Organ ization. - There is hereby organized

an official national body to be known as th e "Integrated Bar
of th e Philippines," composed of all persons whose names now
appear or may hereafter be included in the Roll of Attorneys
of th e Supreme Court.

SEC. 10. Confidential. - Proceedings against attorneys

shall he private and confidential, except th at the final order
of t he court shall be made public as in other cases coming
before the court,

SEC. 2. Purposes. - The fundamental purposes of the

In tegrated Ba r sha ll be to elevate the s ta nda rds of the legal
profession, improve the administra tion of justice, a nd enab le
th e Bar to dis charge its publi c re sponsibility more effecti vely.

INTEGRATED BAR OF THE PHILIPPINES

SEC. 3. Regions. - The Philippines is hereby divide d

into nine Region s of th e In tegrate d Ba r, to wit:
(a) Northern Luzon, consisting of the provinces of Abra,
Batanes , Benguet, Cagayan, Ifugao, Ilocos Norte, Ilocoe Sur,
Isabela, Kalinga-Apayao, La. Union, Mountain Province, Nueva
Vizcaya, and Quirino;
(b) Cen tral Luzon, consis ting of the province of Batee n,
Bulacan, Nueva Ecija, Pamp anga, Pangasinan, Thrlac, a nd
Zamb ales;
(c) Greater Man ila , consis tin g of the City of Manila ,
and Quezon City;
(d) S outhern Luzon , consisting of th e provin ces of
Batangas , Ce vite, Lagun a, Marinduque, Occidental Mindoro,
Orie ntal Mindoro, Quezon, and Rizal;
' Inserted by Republic Act No. 6397, it took f'fTect on J an uary 16, 1973.

237

APPENDIX "EO

I.EGAI. PROFESSION

23>3

(c) Bicolandia , cons isting of the provinces of Albay,

Cama rin cs Norte, Ca marince Sur, Catandu ancs, Masbate, and
Sorsogon;

m Eastern Visayas , consisting of th e provinces of Bohol,

Cebu , Ea stern Sama r, Leyte, Northern S a ma r, Sama r, an d
Sou thern Le yte:
(g) Western Visay QR. cons is ti ng of the provinces ofAklen,
Antiqu e, Ca piz, Iloilo, Negros Occidental , Negroe Oriental,
Palawan , Rombl on, a nd Si quijor;

(h) Eastern Minda nao, consist ing of the provinces of

Agusan del Norte, Agusan del S ur, Bukidnon , Cami gui n, Dav ao
del Norte, Davao del Su r, Dava o Ori ental, Misamis Ori ental,
Surigao del Norte, a nd Surigao del Sur; a nd
(j)
Western Minda nao, consisti ng ofthc cities of Basilan
a nd Zamboanga , and the provinces of Cotahato, La nao del
Norte, Lanao del SUf, Misamis Occid en tal, South Cotabato,
Sulu, Zam boanga del Norte, a nd Zamboanga del Sur.

In the event of the creation of a ny new province, the

Board of Governors shall, with the approva l or the Supreme
Court, determine the Region to which the said province sha ll
be long.
SEC. 4. Chap ters. - A Cha pter of the Inte grated Bar
shall be organized in every province. Except as hereinbelow
pro vided , eve ry city shall be conside re d part of the province
within which it is geographically situa ted .
A se pa rated Chapter s ha ll be orga ni zed in each of'fol lowing polit ica l subdi visions or areas:
(a)

Th e sub-province of Aurora ;

(b)

Each congression al distri ct of the City of Manila ;

(c)

Qu ezon City ;

(d)

Ce loocen City, Mal abon a nd Navota s;

(e) Pa say City, Mak ati, Mandalu yong and San Juan
d el Monte ;

<0

Cebu City; and

(g)

239

Zamb oan ga City an d Ba sila n City.

Unless he oth erwise regi ste rs his prefe rence for n pa rt icular Chap ter, a la wyer sha ll be consi dered a m embers of
the Cha pter of the Provin ce, city, polit ical su bdi visio n or area
where hi s office or, in the abse nce th e r-eof h is residence is
loca te d. In no case s hall an)' la wyer be a member of more than
one Chap te r.
Ea ch Cha pter shall have its own local government as
provided for by uniform rules to be prescri bed by t he Boa rd of
Governors and a pp roved by the Supreme Court, t he provisions of S ect ion 19 of th is Rule not with standi ng.
Chapters belongin g to the sa me Regio n shall hold r egi ona l con ventions on matters a nd problem s of common concern.
SE C. 5. House of Delegates . - The Integra ted Ba r shall
ha ve a House of Delegates of not more than one hu ndred
twenty members who sha ll be a pportione d among all the
Cha pters as nearly as may be according to t he nu mber of
their re spective members, but each Cha p ter shall hav e at lea st
one Delega te . On or before Decembe r 3 1, 1974 , a n d e very four
yea rs thereafter, the Boa rd of Governors sha ll make a n a pportionment of Delega te s .
The term of the office or Delegates sh a ll begi n on the
d ate of the opening of t he an n ua l convention of th e House a nd
sha ll end on the day immediate ly pre ceding the date of the
opening of the next succeeding annua l conv ention. No person
may be a Delega te for more tha n two terms.
The House shall hold an annu al conve ntion at t he call or
the Board of Governors a t any time du ring the month of April
of eac h year for the e lection of Governors, t he rea din g a nd
d iscussion of reports incl u ding the a nn ual re port of the Board
of Governors, the transaction of such other busin ess as may
be referred to it by the Board a nd the cons ide rat ion of such
a dditiona l ma tters 8S may be requested in w riting by a t least
twenty Delegates , Speci a l conventions of the House ma y be
ca lled by the Board of Governors to consider onl y s uch matte rs as t he Boa rd sha ll i nd icate. A maj ori ty of t he Delega tes

240

LEGAL P"OFE.." SIO N

who ha ve registered for a conve ntion, whether an nual or special , shall constitute a quorum to do hu ainese.

SEC . 6. Board of Governors - The Inte grate d Ba r sha ll

8 Boa rd of Governors . Nine Governors sha ll be
elected by the Hou se of Delega tes from t he nine Regions on
the representation ba sis of one Governor from eac h Region.
Each Governor shall be chosen from 8 list of nominees submitte d by the Delegates from the Region , provided that no
more than one nominee shall come from any Chapter. The
President and the Exe cutive Vice Pres ident , if chosen by the
Governors from ou tside of themsel ves 8 S provided in Sect ion
7 of this Rule, s ha ll ipso fact i) become me mbers of the Board.
be governed by

The me mbe rs of th e Boa rd shall hold office for 8 tenn of

one yea r from t he d a te of their election and until their successors shal l ha ve been du ly elected and q uali fied. No person
may be a Governor for more than two terms.
The Boa rd shall meet regul arly once every th ree months ,
on such date a nd at suc h time and pla ce as it sha ll designate .
A majority of a ll the members of the Boa rd sha ll constitute a
quo rum to do business . Specia l meetings may be called by th e
President or by five members of the Board.
Subject to the a pproval of the S upreme Court, the Board
shall adopt By-Laws an d promulgate Canons of Professional
Responsibility for a ll members of the In tegrated Bar. The ByLa ws and the Canon s may be amended b) the Supreme Court
motu proprio or u pon the recomm endation of the Board of
Gove rn ors .

I
I

APPENDIX _I:,...

241

The President a nd the Executive Vice President sha ll

hold office for a te rm of one yea r from the date of their e lection a nd u ntil their success ors shall have d uly qualified. The
Executive Vice President shall automa tica lly become the Preaiden t for t he next succeed ing full term. The Presidency sha ll
rotate from year to year among a ll the ni ne Regions in such
orde r of rotation as the Board of Governors shall pres cribe. No
person shall be President or Executive Vice President of the
Integrated Bar for more tha n one tern.
The In te gra ted Bar- shall ha ve a Secretary, a Treasurer,
and such ot her officer and employees 8 S may be required by
the Boa rd of Governors, to be a ppointed by the P residen t with
the consent of the Board, and to hold office at the pleasure of
the Board 'or for such term a s it may fix. Said officers a nd
emp loyees need not be mem ber s of the Inte gra ted Bar.
SEC. 8. Vacancies . - In t he event the President is absent or unable to act, his dutie s shall be performed by the
Executive Vice Preside nt; and in the eve nt of the death , resignation, or remov al of the President, the Executive Vice Presiden t sha ll serve 8S Acting P resi dent d uring the remainder of
the term of the office thus vacated. In the event of the death,
resignation, removal, or disa bility of both the Pres iden t an d
the Execu tive Vice Pr esident, t he Board of Governors shall
elect an Act ing President to hold office unti l the next succeeding election or during t he period of di sa bility.

The Board shall prescribe suc h ot he r rules and regulation s as may be nec essary a nd proper to carry out th e purposes of the Inte gra te d Ba r 8S well as the provisions of this
Rul e.

The filling of vacanc ies in the H OU flC of Delegates , Board

of Governors, and all ot he r positions of Officers of t he Integrated Ba r shall be as provided in the By-La ws . When ever the
term of an office or position is for a fixed period, the person
chosen to fill a vacancy therein sha ll serv e only for the unexpired te rm .

SEC . 7. O/licers . - The Integr ated Bar shall have a

President and an Executive Vice President who shall be chose n by the Governors immediately after the la t te r's election ;
eithe r from a mong themsel ves or fro m other members of the
Integrated Ba r by the vote of at lea st five Governors. Each of
the regional mem bers of the Board sha ll be ex officio Vi ce
Presiden t for the Region which he represents.

SEC. 9. Membership dues . - Every member of t he Integrated sh all pay such a nn ua l dues as the Board of Governors
sha ll determ ine with the a pproval of the Supreme Court. A
fixed s um equivalent to ten percent (10% ) of the collections
from each Cha pte r sha ll be se t aside a s a Wel fare Fu nd for
disabled me mbers of t he Chapter and the compulsory heirs of
dece ased members th ereof.

242

l.E GAL P ROFESSION

SEC. 10. E ffect of non -payment of dues. - Su bject to the

provisions of Section 12 of this Rule, defau lt in the payment
of a n nual d ues for six mo nths sha ll warrant sus pension of
mem bers in the Integrated Bar, a nd default in such payment
for one year s hall be a grou n d for th e removal of the na me of
the delinq uen t member from the Roll of Attorneys .
SE C. 11. Voluntary term ination of membership ; rei nstatement . _ A member may terminate his membership by filing
a wri tte n notice to that effect wit h the Secretary of the Inte grated Bar, who sha ll im mediately bri ng the matter to the
attention of the S upreme Court. Forthwith he shall cease to
be a mem ber an d his name shall be st ricken by the COLIrt
from the Roll of Atto rn eys . Reinstatemen t may be mad e by
the Court in accorda nce wit h rules a nd regula tions presc ribed
by the Board of Govern ors a nd approve d by the Court.
SEC. 12 . Grieva nce procedures. - The Board of Governors shall provide in the By-Laws for gri evance proced ures for
the enforcem en t and maintenance of discipl ine a mong all t he
membe rs of the Integrated Bar, but no action in volvin g the
sus pension or disbarment of a member or the rem oval of his
name from the Roll ofAttorneys sha ll be effective without the
final approval of the S u preme Court.
SEC. 13. Non -Political Bar. - The In tegrated Bar sha ll
he strictly non-politi cal , a nd eve ry a ctivity ten ding to impa ir
this basic fea ture is strictly prohibited and sha ll be pe na lized
accord ingly. No lawyer holding a n electi ve, j udicia l, qu a si-judicial, or prosecutory office in the Government or any poli tical
su bdivision or in strumentality th ereof sha ll be eligible for
election or a ppointment to any position in the Inte gra ted Ba r
or a ny Cha pter thereof. A Delegate , Governor, office r or employee of the Inte gra ted Bar, or a n officer or employee of any
Chapte r thereof shall be cons idered ipso facto resigned from
his position cs of the mo ments he files his certificate of can d idacy for a ny elective public office or accep ts appointment to
an y j udicial , quasi-judicia l, or prosccutory office in t he Gove rnment or any political su bdivision or instrumentality thet"L"Uf.
SEC . 14. Positions honorary. - Except as ma y be specifically a uthorized or a llowed by the Supreme Court, no Del-

AI'PEN DIX

~ I-.: .

243

cgutc s or Gover nor and no nation al or local officer or committee member shall receive a ny com pe nsation, a llowa nce or
e molument from t he fund s of t he Inte gr a te d Bar for any service rendered the rein or be e ntitl ed to reim bursement for a ny
expense incurred in the disch a rge of his functions.
SEC . 15. Fiscal matters . - The Hoard of Governors shall
admi nister the fu nds of the Integra te d Bar and sha ll have the
power to ma ke ap propriatio ns a nd disbursemen ts t herefrom.
It shall cause proper Books of Accoun ts to be kept an d Fina ncia l Statements to be rendered and shal l see to it tha t the
proper a udit is ma de of all accou nts of the Integrated Bar a nd
a ll rhe Chapters t he reof
SEC. 16. J ournal . - The Board of Gove rnors sha ll cause
to be publish ed a quarterly .Journal of the Integrated Bar, free
copies of which sha ll be distributed to every member of the
Inte grated Bar.
SEC. 17. Volunta ry B a r association s . - All voluntary
Bar associa tions now existing or wh ich may herea fter be formed
may co-exist with the Inte gra ted Bar but sha ll not operate at
cros s-purposes therewith .
SEC. 18. A mendments . - This Rul e may be am end ed by
the Supreme Court motu proprio or upon the recom mendation
of th e Board of Governors or any Chapter of the Integra ted
Bar.
REC, 19. Organizational period . - The Commiss ion on
Dar Inte gration sha ll organize the local Chapters a nd toward
thi s end sha ll sec ure the assistance of the Department of Justice an d of all Judges throughout the Philippi ne s. All Cha pter
o rganizationa l meetings sh all be held on Saturday, February
17, 1973. In every case, the Comm ission shall cause proper
notice of the date, time and place of the meeting to be served
upon all the lawyers concerned at the ir a dd ress es a ppearing in
the record s of the Commission. Th e la wyers present at the
meeting called to orga nize u Chapter shall constitute a qu orum
for t he purpose, including the election ofa President, Vice P resident, a Secretary, a Treasurer, a nd five Directors.
The Commission shall initia lly fix the number of Delogute s and a pportion th o same among a ll till' Chapters Ill'

244

LEGAL PROFESS ION

nea rly as may be in proportion to the number of their re specti ve members, but ea ch cha pte r ahall ha ve at least one Delegate. The President of eac h Chapte r shall corv-urrently be its
Delegate to th e H OU R(! of Delegate s. The Vice Pre side nt shall
be his alte rna te , except where th e Chapte r is enti tled to have
more than one Delegate , in which case t he Vice President
shall also be 8 Delega te . The Board of Di rectors of the Chapter shall in proper cases elect additional as well as al te rna te
Delegates.
The House of Delegates sha ll convene in the City of
Manila on Saturd ay, March 17, 1973 for t he purpose of electing a Board of Governors . The Governors shall immed iately
ass ume office a nd forthwith meet to elect th e Officers of the
Integrated Bar. The Officers so chosen shall immediately ass ume th eir respective positions.
SEC. 20. Effecti vity . J anuary 16, 1973.

This Rule sha ll take effect on

I
APP ENDIX " F"
RULE 139B
DISBARMENT AND DISCIPLIN E
OF ATTORNEYS
SECTION 1. How l nstituted . - Proceedings for the di sbarment, suspensi on, or disciplin e of attorneys may be taken
by th e Supreme Court motu p roprio, or by the In tegrated Ba r
of the Ph ilippines (lBP) upon the verified complaint of a ny
person . The complaint sha ll sta te clea rly a nd concisely th e
facts compl ain ed of and sha ll be s upported by affidavits of
pers ons havin g personal kn owledge of the facts th erein alleged a nd/or by such documents as may substant iate said facta.
The IBP Board of Governo rs may, m otu proprio or upon
referral by th e Supreme Cou rt or by a Ch a pter Board of Officers, or at th e instance of any person, initiate a nd prosecute
pro per cha rges against e, ring at to r neys including th ose in the
govern ment service; Prouide d; however, That all charges against
Justices of th e Court of Appeals a nd th e S a ndiga nbayan. and
Judges of the Court of Tax Appeals a nd lower courts, even if
la wyers are jointly charged with t he m, sh a ll be filed with the
Su preme Court; Provided, fu rther, That ch arges filed aga inst
Jus tices a nd Judges before the IBP, including th ose filed pri or
to their appointm ent in the Judicia ry, shall immediately be
forwarded to th e Supreme Court for disposition a nd adjudication.
Six (6) copies of th e verified comp lain t shall be filed with
the Secretary of the IBP or the Secretary of any ofits cha pte rs
who shall forthwith t ra nsmit the sa me to th e IBP Board of
Governors for assignment to a n inv estigato r. (As amended.
Bar Matter No . 1960. M ay 2. 2000.)
245

APPENDIX "1':l46

247

Lfo;GAL PKOFfo;SSION

A. PROC EEDINGS IN THE INTEGRATED

nAIt OF THE PIIIUPl)lNES

SEC. 2. National Grieva nce Investigators. - The Board
of Govern ors sha ll appoi nt from a mong IBP member s a n Investigator or, when special circumstances 80 warrant, a pan el
of three (3) investigators to inve stigate th e complaint. All Investigators shall take an oath of office in the form pre scribed
by t he Board of Governors. A copy of the Investigator's appointment and oath shall be transmitted to the Supre me Court.
An Investiga tor ma y be di squalified by rea son of relations hip withi n the fourth degree of consanguinity or affinity
to any of the parties or their coun sel, pecuniary interest,
perso nal bias, or his ha ving acted as counsel for eit her pa rty,
unless the parties sign and enter upon th e record their wri tten consent to his acting as such Investigator. Where th e
In vestigator does not disq ualify himself, a party may appeal
to the IBP Board of Governo rs, which by majority vote of the
members present, there being a quorum, may order his disqu alification.
Any investigator may also be removed for ca use, afte r
the hea ring, by the vote of at least six (6) members of th e lUP
Board of Governors. The decision of the Boa rd of Governo rs in
all cases of disqualification or remova l shall be fin al.
SEC. 3. Duties of the National Grievance Investigator. The Nationa l Grie vance Inves tiga tors shall inves tigate all
comp laints aga inst members of the In tegr ated Bar refer red to
th em by the IBP Board of Governors.
SEC. 4. Chapter as sis tance to complainant . - Th e proper
IBP Cha pter may assist the complainanua) in the preparati on
a nd filing of his compla int(s ).
SEC. 5. Service or di smissal. - If t he complaint a ppears
to be meritorious, the Invest iga tor sha ll direct t hat a copy
t hereof be served upon the re s pondent , requir ing him to a nswer the same with in fifte en ( 15) days from the date of service. If the complaint does not merit action, or if th e a nswer
shows to the sa tisfaction of t he Investigator t ha t the complaint is not meritorious , the sa me may be dismissed by th e

Board of Governors upon his recommendation . A copy of t he

resol ution of dismissal shall be furnished t he complaina nt and
the Supre me Court which may revi ew the ca se m otu proprio
or upo n ti me ly a ppeal of the complaina nt filed with in 15 days
from notice of the dismissal of the complai nt.
No in vestigation shall be interrupted or te rminated by
rea son of the desistance, settlement , compro mise, resti tu tion.
withdrawal of th e charge s, or failu re of the complai nant to
prosecute th e sa me.
SEC . 6. Verification and service of ans wer. - The a nswer
sha ll be ve rified. The original a nd five ( 5) legib le copies of th e
answer shall be filed with th e Investigator, with proof of service of a copy thereof on the compla inant or his counsel.
SEC . 7. Adm in istrative couns el. - The IBP Board of
Govern ors shall a ppoint a suitable mem ber of the Integrated
Ba r as counsel to assist the complaina nt or the respondent
du ring the in vesti gation in case of need for such assista nce.
SEC. 8. In vestigation . - Upon joinder of issues or upon
failure of t he respondent to answer, t he I nvesti ga tor shall, wit h
deli berate spe ed, proceed with the in ves tigation of't he case. He
shall have the power to issue s ubpoe nas a nd ad ministe r oat hs.
The res pondent sha ll be given full oppo rtu nity to defend him self, to present witnesses on his behalf, a nd be heard by himself
a nd counsel. However, if upon re asonable notice, the respondent fails to appear, the investigation shall proceed ex porte .
The in vestiga tor shall te rminate t he investigation within
three (3) months from the date of its com me ncement , unles s
extended for good cause by the Board of Governors upon prior
a pplication.
Willful failure or refusal to obey a subpoena or a ny ot her
la wful orde r issued by the In vestigator shall be dealt wit h as
for indirect conte mpt of court. The corresponding cha rge sha ll
he filed by the Investigator before th e IBP Board of Govern ors
which shall require the alleged contemnor to s how cause within
te n (0) da ys from not ice. The IBP Board of Governors ma y
the reafter conduct heari ngs, if necessary, in accordance with
the procedure set forth in this Ru le for he arings before th e

248

LEG Al. PROFEs..')I0N

In vesti gato r. Such bea ri ng s sha ll a s fa r as practicable be terminated wit hin fifte en (15) d a ys fro m its commencement . Th erea fte r, the IBP Board of Governors sha ll wit hi n a like period of

fifteen (15) day s issu e a resolution setting forth its findings

and recommenda tions, wh ich shall forth wit h be transmitte d
to t he Supreme Court (or final action and if wa rranted, the
imposition of pena lty.

SEC. 9. Dep ositions, - Depositions may be taken in acco r da nce with th e Rul es of Co urt wit h le a ve of t he
Investi ga torta).
Wit hi n t he P hilippines, depositions may be take n befo re
a ny me mber of the Board of Governors, the President of any
Chapter, or a ny officer a u t horized by law to administe r oaths .

Depositions may be taken outside the Philippines before

di plomatic or consula r r epresentativ e of the Philippine Government or before any pe rson agreed u pon by the parties or
de signated by the Board of Governors .
8

Any suitable mem ber of the In te grate d Bar in the place

where a deposition sha ll be take n may be design ate d by the
In vest iga tor to a ss ist the com pla inant or the respon dent in
taking a deposition.
SEC. 10. Report of Investigator. - Not la ter than t hirty
(30) days from the te rm ination of the 'investigation , t he In veetigator sha ll submit a r eport containi ng his findings of fact
a nd recommenda tio n to the IBP Boa rd of Governors, toge ther
with t he ste nograph ic note s a nd the t ra nscript thereo f, a nd
a ll the evidence p resented during the in vestigati on. The eu bm ission of the report need not await the transcription of the
stenographic notes , it being sufficie nt that the report reproduce eu betanti ally from t he Investigato r's persona l note" any
relevant a nd pertinent testimonies.
SEC. 11. Defects. - No defect in a complaint, notice ,
a ns wer, or in the proceeding or the In vestigator 's Report sha ll
be considered as substan tia l unless the Board of Governors,
upon cons ideri ng the who le record, find s th at such defect ha s
resulted or may result in miscarriage ofjusti oo, in which eve nt
the Board sha ll take such remedi al actions a the ci rcu mstances
may wa rrant, incl uding inv alidation of the entire proceedi ngs .

AI'PEN Drx -f'"

249

SEC. 12. R evi ew and de cision hy th e B oa rd of Govan

or.'1. Every C81'le heard hy a n investigator sha ll be rea)
viewed by t he IBP Board of Gove more upon t he record a nd
evidence trans mitted to it by the In vestiga tor with this report. Th e deci sion of the Board u pon s uch r eview sh ull be in
writing a nd shall clea rly a nd di stinctly sta te the fa cta and the
reasons on whi ch it is based . It shall be p romulgated wit hin
a period not exceed ing thirty (30) daya from t he ne xt meeting
of the Boa rd following th e s ubmit tal of the Inv estiga tor's report.
b) If the Boa rd , by th e vote of a m ajority of its total
rnemberehi p, d etermines that the res ponde n t should be suspended fro m the practice of law or di sbarred, it shall iss ue a
re solu tion setting forth its fin di ngs a nd recommenda tions
which, together with the whole record of the case, sh all fort hwith be tr ansmitted to the Su preme Co urt for fina l action.
c)
If the respondent is exone ra te d by the Boa rd or th e
di sciplinary sanct ion imposed by it is less t ha n sus pension or
dis barment (such as admonitio n , rep rima nd, or fine ) it shall
issue a deci sion exonera ting res pond ent or imposing such
sanction . The case shall he deemed terminated unless upon
petition of the compla inant or other interested pa rty filed with
the Su preme Court within fiftee n (15) days fro m not ice of th e
Boa rd's resolution, the Supreme Cou rt orders otherwise.
d)
Notice of the resolution or decisi on of t he Boa rd
sh a ll be given to all parties through their cou nsel. A copy of
the same shall he transmitted to th e Sup reme Court.

n, PROC EEllINGS IN THE S UPREME CO URT

SEC . 13 . Investigation by S oli ci tor General. - In proceedings initiated motu proprio by t he S u p reme Court or in
ot her p roceedings when the interest of j us tice 8 0 requi res, the
S upreme Co u rt may refer the case for i n vest igation to the
So licitor Ge neral or to a ny officer of the Supreme Court or
j ud ge of a lowe r court, in which case the investigation sha ll
proceed in t he flame manner pro vided in sections 6 to 11 hereo f,

n :GAL PROJo'ESSI ON

250

save that the review of the re port of investi gat ion shall be
cond ucte d di rectly by the S upreme Court.
SE C. 14. Report of t he Solicit or General or other Court
designa ted In vest igat or. - Based upon the evidence add uced
a t the investiga tio n, the Solicito r Ge ne ra l or other Investigator design ated by the Supreme Court sha ll submit to the
Su preme Cou rt a report containing his findings of fact and
recommendations togethe r with th e record and a ll the evidences presen ted in th e in vesti gation for th e final acti on of
the Supreme Court.
C. COMMON P RO VISIONS
SE C. 15. Suspension of a ttorney by S upreme Court. Afte r receipt of respond ent's a nswe r or la pse of the peri od
therefore , the S upreme Court, m otu proprio, or at the instance
of t he IBP Board of Govern ors upon the recommendation of
the Investigators , may sus pend a n a ttorney from the pract ice
of his profession for a ny of the ca uses specified in Rule 138,
Section 27, during the pende ncy of the investigation until such
sus pens ion is lifted by the Supreme Court.

API' ENDIX

~I--

251

SEC . 18. Confidentiality . - P roceed ings agains t attorney s shall be private and confidential. However, the fina l order
of the Supreme Court s ha ll be pu blished like its decision s in
ot he r cases.
SEC. 19. Expenses . - All reasonable and nec es aa ry expen ses incurrod in relation to disciplinary a nd di sbarment
procee dings a re la wful charges for whic h the parties may be
taxed as costs .
SE C. 20. Effectiv ity and Tra nsitory Provision. - Thi s
Rule sha ll take effect on J une 1, 1988 and sha ll s u persed e the
present Ru le 139 enti tled "DISBARMENT OR SUSPENSION
OF ATI'ORNEYS: All cases pen ding investigation by the Office
of the Solicitor Genera l sha ll be tr ansferred to the Inte gra ted
Ba r of the Philippines Board of Gove rn ors for investigation
and d ispositi on as provided in this Ru le except those cases
where the inve stigation ha s been su bstantially com pleted. (Bar
Matter N o. 35 6, Resolution A pril 13, 1988)

S EC. 16. S uspension of attorn ey by the Court of Appeals

or a Hegionol Trial Court . l - The Court of Appeals or Regional Tri a l Court may sus pend a n attorney from practice for
a ny of the causes nam ed in Rule 138 . Secti on 27, until furth er
act ion of the Supreme Court in the case.
SEC. 17. Upon suspension by the Court of Appeals or
Regional Trial Cou rt, fu rther proceed ings in Supreme Court.
- Upon such s us pension, the Court of Ap peals or a Regional
Trial Court shall forthwith transmit to the Supreme Court a
certified copy of the orde r of sus pension a nd a full statement
of the fa cts upon which the same was ba sed . Upon rece ipt of
suc h certified copy and stateme nt, the Su preme Court shall
ma ke a full investigation of the ca se a nd may revoke , shorten
or extend the suspensio n, or di sbar th e attorney as the facts
may warrant .
ITh ill lIOClio n and t he nex t following Section 17 supersede Seetjcn 9 of

Rule 139 .

APPENDIX

'G~

2a:~

2) to increase aware ness among members of the

legal profe ssion of the needs of the poor, de prived and
opp ressed sectors of society;

APPENDIX "G"
REPUBLIC ACT NO. 7662
AN ACT PROVIDING FOR R EF O RMS IN LEGAL EDU
CAT ION, C REATING FOR THE PURPOSE ALE
GAL ED UCATION BOARD, AND FOn OTHER PUIlPOSES

3)

to train perso ns for lea ders hi p;

4) to contribute towards the promo tion and ad.

vancement of j us t ice an d the Imp rovement of its ad minis trat ion, the lega l syste m a nd legal institu tion s in the
light of the hi storica l and conte mpo rary dev elopment of
law in the Philippines a nd oth er countries.

b) Legal educat ion sha ll ai m to accumpl is h the following specific objectives :

Be it enacted by the Senate and Hou se of Repreeentatioee of

the Philippines ill Congress assem bled:

1)
to impa rt a mong law stude nts a broad knowled ge of law an d its various fields , a nd of legal insti tution s ;

S ECT ION 1. Title. - This Act sha ll be known as the

"Legal Educa tion Reform Act of 1993."

to enha nce thei r legal re search a bilit ies to

ena ble them to ana lyze, a rticula te a nd a pply t he law
effecti vely, a s well as to a llow them to ha ve a holisti c
a pproach to lega l proble ms a nd issues;

S EC. 2. Declaration of Policies . - It is hereby declared

the policy of t he Stale to up lift the standa rds of legal education in order to pre pare la w stude nts for adv ocacy, counseling ,
probl em -solvin g, and decillion-mak ing; to infuse in the m the
et hics of the legal profession; to impress u pon them th e im portance, nobil ity a nd dign ity of the legal profession as a n equal
a nd indispens ab le partner of the Bench in the adm inis tration
of juatice: a nd to devel op socia lly-com mitte d la wyers with
in te grity a nd com pete nce .
Towa rd s t his end, the Sena te sha ll undertake appropriate reform s in th e lega l education system. require proper
se lect ion of la w atude nta , mai ntain qua lity among Jaw schools,
a nd require legal ap prenticeship a nd continuing legal education.
SEC _3. General ami Specific Objectives of T..Rgal Rduea -

tio n. - a) Legal Education in t he Phil ipp ines is gea red to

a ttain the follow ing gene ral objecti ves :
1)

10 prepare students for the practice of law;

252

2)

3) to prep are la w students (or ad vocacy, counseling, problem -solvin g a nd decision -mak ing. a nd develop
their a bility to deal with recognized legal problems of th e
present a nd the fut ure;
4) to develop competence in a ny fiel d of law as is
necessa ry for ga inful employment or sufficie nt 8S a founda tion for future tra ining beyond the ba sic professional
degree , and to develop in th em the desire a nd ca pacity
for continuing study a nd sell-im provement ;
5 ) to inculcate in t hem the ethics and r ospo nsibili ties of the legal profession; a nd
6 ) to prod uce la wyers who conscienti ously pursue the lofty goals of their profession and fait hfully adhere 10 its et hical norm a.
S J<: C. 4. IA!gu l Educatio Board; Creation. and C() mp osition. - 10 ca rry out the pu rposes of thi8 Act, there is here by
created th e Lega l Edu cation Boa rd, herei nafter referred to as

U :GAL PROFl':SSION

APrl:.NlllX C

the Board , attache d solely for budgeta ry pur poses a nd ndministrati ve support to the De partment of Education , C u lture and
S po rts.

T h at their sa la ries s hall not be dimi nished d u ri ng th eir t erm

of office .

254

The Board s ha ll be composed of a Chairmen, who s ha ll

preferab ly be a former j ustice of the Supreme Cou rt or Court
of Appe al s; and t h e following as regular me mbers; a repre-

sentative of the Integr a ted Bar of the Philippines (JBP); a

representative of the Philippine Association of La w Schools
<PALS); a re presentative of the Philippi ne Association uf Law

Professors (I'ALP); a representa tive from the ranks of active

la w pr acti tioner ; and, a re presentative from the la w s tudents'

sector. The Secretary of t he Department of Education, Culture

a n d Sports, or hi s repres e ntative, shall be a n ex offi cio member of th e Boa rd.
With the exception of the re pre sentative of t he la w students' sector, the Chairma n and regul ar members of t he board
must be na tural bo rn cit ize ns of the Philippi nes an d mem bers
of t he Philippine Ba r, who h av e been e ngaged for a t least ten
(1 0) years in t he practi ce of la w, as well a s in the teach ing of
law in a duly a ut horiz ed or recogni zed la w sch ool.
SEC . 5. 1erm ofOfficc; Compensation . - The Chairmen
a n d regular members of t he Board shall be a ppo inte d by t he
President for a te rm of five (5 ) years without reappointme nt
fro m a list of at lea st three (3 ) nom inee s pr epared, with prior
authorization from t he Supreme Cou rt, by the Judicial and
Bar Cou nci l, for every position or vacancy, a n d n o s uch a ppointment s hall need con firmation by the Co mmission on
Ap pointments. Of those first a ppoin ted , t he C hairman a nd
t he rep resentative of t he IBP s hall hold office for five (5 ) years;
t he representative of t he PALS a nd PALP for t hree years; and
the re presentative fro m t he ranks of active la w practi tion ers
a nd t he re presentative of the law st u dents' secto r for one (1)
year, withou t reappo in tment. Appoint men ts to any vacancy
s hall be only for th e unexpired portion of t he term of the
predecessor.
The Cha irman a nd regular members of t he Boa rd sha ll
h a ve t he sa me sa la ry a nd ran k a s t he Cha irman a nd membe rs, respecti vely, of the Constit utiona l Comm ission s: Pmvided ,

25:.

SEC. 6. Offi ce an d Staff Support. - The Dep.. rtmen t of

Education, Culture a nd Sports sha ll provide t h e necessa ry
office a nd staff s u pport to the Boa rd, wit h u principa l office to
be located in Metropolita n Ma n ila .

The Board may appoint such ot her officers and em ploy.

ces it may deem necessary in the perfo rmance of its powe rs
and functions.
SEC. 7. Powers and Fu nct ion s . - Fo r t he purpose of
achieving th e objectives of this Act , t he Boa rd s hall have t he
following powers a nd fun ction s:
a)
to ad minis ter t he legal ed ucation sy stem in t he
coun try in a ma nner consiste nt with th e provisions of t h is Act ;
b) to su pe rvi se the law school s in t he cou ntry con sistent with its powers a nd fu nctions a s here in enumerated;
c)
to set t he s tandards of a ccred it ation for la w school s
taking into account, among others, th e s ize of enrollme nt, th e
qualification s of the members of the facu lt y, the library a nd
ot her facilities, wit hout encroaching upon the academic freedam of in sti tutions of high e r learni ng;
d ) to accre dit law schoo ls that meet the stand ards of
accre ditation;
e)
to prescribe minimum standards for la w admi ssion
a n d mi ni mum quulifica tion s and compen sat ion of faculty
members ;

n to pre scri be the basic curricula for the course of

study a ligned to t he req uirements for adm ission to th e Bar,
law practice a nd social consciousness a nd s uch ot her courses
of study as may be p rescribed by t he la w sch ools a nd colleges
under t he different levels of a ccre ditati on statu s ;
g)
to estab lish a law practice in ternsh ip a s a require .
ment for taking th e Ba r which a law s t ud ent s hall underg o
wit h any d uly acc redited p rivate or pu blic law office or firm
or legal assistance grou p a nytime duri ng t he la w course for u
s pecific period t hat t he Boa rd may decid e , but not to exceed

I
U;GAI. I'RfW f<:S ."lION

API'I::-mrx ~G ~

u total of twelve (12) months. For t hi s purpose, t he Board

s hall pre scribe t he necess a ry guidelines for such acc re ditation
a nd the spec ifica tions of s uch internsh ip which shall incl ude
t he actual work of a new member of t he bar;

19 94 , a nd from s uc h don ations , lega cies, gr un ts-in-a id a nd

other forms of contributions recei ved by t he Boa rd for the
pu rposes of this Act .

256

h) to a dopt a sys tem of continu ing legal educa tion. For

this pur pose , the Boa rd ma y provide ftlr the mandatory atte ndance of p ra cticin g: lawyers in s uch courses and for such
d uration as t he Board m ay deem necessa ry; a nd
i)
to pe rform such other function s and prescri be such
rules and regulation s n ecessa ry for the at ta in men t of th e
policies a nd objectives of this Act.

SEC. 8. Accredi tation of Law S chools. - Ed uca tiona l

in stitutions m ay not ope rate a la w school unless accre dite d by
the Board. Accreditation of la w sc hools may be grant ed onl y
to educational institution s recogn ized by the Govern ment.
SE C. 9 . Withdrawal or Doumgraduu; ofAccreditat ion . The Board m ay withdraw or downgra de the acc red itation sta tus of a law sc hool if it rail s to maintain the standards se t for
its accreditation stat us .
SEC. 10. Effecti vity of Withdra wal or Dou mgrading of
A ccreditation . - T he with drawa l or down grading of accreditation stat us s hall be effecti ve after the lap se of the se mester
or trimes ter following the receipt by th e school of the notice
of withdrawal or downgrading unless, in the meantime, t he
school m eets a n d/or upgrades the standa rds or corrects t he
deficien cies upon which the wi thdra wal or downgrading of t he
accred itation s tatus is ba aed.

11:

SEC.
Legal Education Fund . - Th ere is hereby crea ted a special en do wment fund , to be known as the Legal
Ed ucati on Fund, wh ich s hall be under t he control of t he Board,
and administered as a se pa ra te fund by the Soci al Security
System (SSS) wh ich s hall in vest th e sa me with d ue and pruden t regard to its so lvency, s afety a nd liquid ity.
The Le gal Ed ucat io n Fund s h a ll he establ is he d out of,
an d maintained from , the amou nts a pp ropria ted pu rsu ant to
paragra ph 2, Section 13 hereof, lind from s ixty percent (60%)
of t he privi lege tax pa id by every lawyer effecti ve Fiscal Year

2m

Being special en down mc nt fun d, on ly t he interes ts earned

on th e Legal Education Fund s h a ll be used exclusi vely for t h e
purposes of t hi s Act , in clu ding s u pport for faculty deve lopment grants, professoria l chairs, libra ry improvements and
s im ilar programs for th e a d va ncement of 1,.'01.' teaching and
education in accredited la w schools.
T he Fu nd s hall al so be u sed for t he opera tion of the
Hoard. For t his purpose, a n d a mount not ex cee ding t en per.
cent 00%) of t he interest on the Fund s ha ll be u tilized.
Th e Boa rd , in consu ltation with t he SSS, s hall ieeue t he
necessary r ules a nd regul ati on s for t he collection, administrat io n and utilization of t he Fund .
SEC. 12. Coverage . - The provisions of t his Ad s hall
a pply to a ll schools a nd colleges of la w wh ich are presently
under th e supervision of t he Dep ar t ment of Education, C u lture a nd Sports. Hereafter, s a id s u pervision shall be t rans.
ferred to the Board . Law schools an d colleges which s hall be
established following the a pprova l of t his Act s hall lik ewise b e
covered.
SEC. 13. Appropriation . - The amount of One million
pes os (P l ,OOO,OOO.OO) is h ere by a u t horized to be charged
aga ins t t he cu rrent yea r's a p propriati on of t he Co n ti ngen t
Fund for t he initia l expenses of t he Board .
To for m pa rt of the Legal Educati on F u nd, th e re s hall b e
a p prop ria ted a nnually, u nd e r t he bu dget of the De pa r tme nt of
Education , Cult ure and Sports, t he amount of Ten Millio n
Pe sos (P IO,OOO,OOO.OO) for a pe ri od of ten (10) yea rs effecti ve
Jo'isca l year 1994 .

SEC. 14. Separability Clau se. - If a n)' provisi on of this

Act is declared u nconstitu t ional or t he u ppliceticn ther eo f to
a ny person , circumstance or t ra n s a ct ion is h eld in va lid , t he
validity of t he rem aining provisi ons of t h is Act and t he a pp li ca bility of s uch pro vis ions to ot he r pe rso ns, circumsta nce s a n d
t rans action s s ha ll not be e ffected t here by,

U :GAL

~"

I'ROFESSIO~

SEC. 15. Repealing Clause. - All laws, decrees , execu tive orders, r-ules a nd regulation s, issuances or parts thereof
inconsis te nt with th is Act are hereby repea led or amended
accordingly.
SE C. 16. Effectivity . - Th is Act shall ta ke effect after
fifteen (1 5 ) days following the com ple tion of its publication in
t he Official Gazzelte or in any two (2) news papers of ge neral

APPENDIX "H"
SUPREME COURT RESOLUTION

circulation.
JU D i;

App rov ed ,
(Sgd.) EDGARDO J . AN GARA
Preside nt

{If II/('

Selwtf'

(Sgd.) JOSE DE VENEC IA, J R.

Speaker of the House of
Representat ives

This Act , wh ich is a conclusion of House Bill No. 4698

and Senate Bill No. 100 , was fin ally pa ssed by the H ouse of
Represen tat ives a n d the Senate on Decembe r 15 , 1993 and
December 14, 1993, respectively.
(Sgd.) DEMAREJo: J .B. RAVAL
A cting Secretary of the Se nate

(Sgd.) CAM ILO L. SABIO

Secretary General
l louee of Representa ti ves

Approved: December 23 . 1993 .

ISgd.) FIDEI. V. llAMOS

President of th e Philippines

13, 1997

Gentl eme n:
Quot ed hereunder, for your infonnation, is a resolution
of the Cou rt En Bane dated Jun e 10 . 1997 .

IN RE: NEED THAT LAW STUDENT PIlACTICING UNDER

Rule 138A BE ACTUALLY SUPERVISE D DURING TRIAL
(BAR MATTER NO. 730).
The issue in this Consul ta is whether a Jaw stude nt who
a ppea rs before th e court under a Law S tudent P ractice Rul e
(Rule 13B-A ) should be accompanied by B mem ber of t he bar
duri ng t he trial. This issue wa s raised by re ti red S upre me
Cou rt J ustice Antonio P. Bar-red o, cou nsel for t he defendant in
Civil Case No. BCV-921l entitled Irene A. Caliwara us. Roger
T. Ca tbagan filed before the Regiona l Tri a l Court of Bacoo r,
Cavite.
T he record s show that the plaint iff in Civil Ca se No.
nCV-92-11 wa s repre se nted by Mr. Cornelio Carmona, Jr., an
in tern at th e Office of Leg al Aid, U P -College of Law (U POLA). Mr. Ca rmona con ducted h ea ri ngs and completed t he
p resentat ion of the pla in ti ff' s evidence-in-chief wit hout the
presence of a su pervising lawye r. Ju s ti ce Barreda question ed
t he ap peara nce of Mr. Carmona during t he hearing because
t he la tter was not accompanied by a duly acc redi ted lawy er.
On Dece mber 15, 1994, Presiding Judge Ed elwina Pastoral
iss ued I:I.n Order req u iring Mr. Carmona to be accompanied by
259

260

I.!:GAL I'I\O Ff';S.<; lON

A I'I'E:~ OIX

a s upervising lawyer on the next hearing . In comp lia nce wit h

Le gay ad e of the Public Attorney's Office to supervise Mr.

Carmona du ri ng t he subsequent hea ri ngs.
81'1SertR

tha t

11

The matte r IIf a llowing a law st udent to a ppear before

the court ulHtccOlnpanicd by a s u pe rvi s tng lawyer can not be
left to the d iscretion of the presiding j udge . The rule clea rly
states that the a ppearance of t hu la w student s ha ll be under
the d irect co ntrol and supervision of a member of th e l ntegrated Ba r o( the Philipp ines d uly accredited by the law $chools.
The rule must be strict ly construed because pu blic policy
dem a nd s that lega l wor k should he ent rusted only to those
who possess tested qua lifications, are sworn to obse rve the
rul es a nd et hics of th e legal profession a nd subject to judicia l
d iscip linary control. We sa id in B ulacan us. 1bn:ino:

la w s tudent a p peari ng

before the tri a l court unde r Ru le J3BA should Ill' acco mpeni ed by a supervising lawye r. On the otherhand , UP-OI .A.,
th rough its Director, Atty. Alfredo F. Tadinr, s ubmit s t hat "t he
matter of all owing a la w intern to uppear un accompan ied by
a duly accredited s u pe rv is ing la wye r s hould be . . . left to the

sound d iscretion of th e cou rt after h uvine made lit lea st one

s u pe rvised a ppear a nce."

For the guidan ce of the bench an d th e bar, we hold that

law student appeari ng before the Regiona l Tria l Court under Rule 138-Ashould a t a ll ti mes be accompanied by a su pervis ing la wyer. Secti on 2 of Rul e 138-A provid es:
11

"Sec. 2. A ppea ra nce . - Th e a ppearance of the law

student authori zed by th is rul e, sha ll be under the direct
su pervis ion a nd control of a member of the Integrated
Bar of the Philippines duly accredi ted by the law school.
Any and a ll pleadings , motions, briefs, mem ora nda or
oth er pape rs to be filed , m ust be signed by th e su pervising attorney for a nd in be half of the legal clinic."
The phrase "d irec t su pe rvisi on and control" requires no
less than the physical presence of the supervising la wyer du ring
the hearing. This is in acco rda nce with the three -fold rationa le beh ind th e Law Student Practi ce Rule, to wit:
1. to ensure t hat there will he no miscarriage of justice as a result of incom petence or inex perience of la w students, who not ha ving as yet passed the tes t of professional
competence, are presu ma bly not fully eq uipped to act as ccuneels on their own;

2. to provi de a mechan ism by which the acc redited

la w school clinic may be a ble to protect itself from a ny pote ntial vicarious liab ility a rising from some culpable action by
their law st udent..,; and

'61

3.
to ensure cons iste ncy with the fund a menta l pri nciple that no per-sen is allow ed to pra ct .i co a particul ar professian withou t posses sing th e qualifications, particu larly a license, as required by law.

sa id Ord er, UP-OLA a nd the Secreta ry of .Iustico executed a

Memorandum of Agreement di recti ng Att ~ ,. Cat ubac a nd Alty.

Jus t ice Barredo

-tr-

I
I

"Court procedures a re often technical and ma y prove

like s na res to th e ignora nt or t he unwary. In the pas t,
our la w has a llowed non-la wye rs t o a ppea r for party litiga nts in places whe re duly aut horized members of the
ba r a re not availa ble. (U.S . vs. Ba cansas , 6 Phil. 539).
For rel ati vely simple litigation before munici pa l courts,
the Ru le still a llow a more e d uca ted or ca pa ble person in
be half of a liti gan t who ca nnot get a lawyer. Bu t (or the
pro te cti on of the pa rti es a nd in t he in terest of j ustice,
t he requirement for a ppea rances in regional trial courts,
and hi gher courts is more stringent ."
Th e U IW Student Practice Rule is only a n exceptio n to
th e ru le. Hen ce, the presidin g jud ge s ho uld see to it that the
law student a ppearing be fore the court is prope rly gu ided an d
s upervised by a mem ber of th e bar.
Th e rule, however, is d iffere n t if the law student appea rs
before a n in ferior court, where t he is sues a nd procedures are
rela tivel y s imple. In inf{'rior cour ts, a law st udent may appear
in his pers on al capacity withou t the s upervision of a lawyer.
Sect io n 3 4, Rule ] 38 pro vides :
"Sec. 34 . By whom litiaation is cond ucted . _ In the

court of

11 justice

of the peace, a party may cond uct his

2. 2

LE<;AL PROn :SSION

litigation in person, with the aid of an agent or fri end

a ppointed by him for that purpose, or wit h the aid of a n
attorney. In any other cou rt, a party may conduct hi s
liti gation person all y or by aid of an attorney. and his
appea rance mu st be eit he r person al or by a duly a ut horized member of the bar."
Thus, a law studen t m ay a ppear before an infer ior court
as a n agent or fri end of a party wi t h ou t the s upervision of a
member of the bar.

IN VIEW WHEREOF, we hold that a la w stude nt a ppearing before the Regional Trial Court under the a uthori ty of
Rul e 138-A mu st be made under the d irect control a nd su pervis ion of a member of the Integrated Bar of the Philippines
duly accre d ite d by the law sch ool a n d that said la w student
must be accompanied by a supe rvising lawyer in all his appearances.
Padilla an d Francisco, JJ., on leave.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court