Requirements “before admission to

the bar or for continuous “practice

of law”, etc.
Problem Areas in Legal Ethics
Arellano University School of Law – Arellano Law Foundation
2017-2018
 What is practice of law?
• The Court ruled that the term “practice of law” implies
customarily or habitually holding oneself out to the public as a
lawyer for compensation as a source of livelihood or in
consideration of his services. The Court further ruled that holding
one’s self out as a lawyer may be shown by acts indicative of that
purpose, such as identifying oneself as attorney, appearing in
court in representation of a client, or associating oneself as a
partner of a law office for the general practice of law. - Atty. Noe-
Lacsaman v. Atty. Busmente, A.C. No. 7269 [2011]

2
 What is practice of law?
• Any activity, in and out of court, that requires the application of law,
legal procedure, knowledge, training and experience. Moreover, we
ruled that to engage in the practice of law is to perform those acts
which are characteristics of the profession; to practice law is to give
notice or render any kind of service, which device or service
requires the use in any degree of legal knowledge or skill. - Query of
Atty. Silverio-Buffe, A.M. No. 08-6-352-RTC [2009]

3
 What is practice of law?
• The practice of law is not limited to the conduct of cases or litigation in court;
it embraces the preparation of pleadings and other papers
incident to actions and special proceedings, the management of
such actions and proceedings on behalf of clients before judges and
courts, and in addition, conveyancing.
• In general, all advice to clients, and all action taken for them in
matters connected with the law xxx. - Aguirre v. Rana, B. M. No. 1036. June 10,
2003

4
 Who may practice law?
• Section 1, Rule 138 of the Rules of Court provides:
Who may practice law. – Any person heretofore duly admitted as a
member of the bar, or thereafter admitted as such in accordance with
the provisions of this Rule, and who is in good and regular standing,
is entitled to practice law.

5
 Passing the bar exam is not enough
• A bar candidate does not acquire the right to practice law simply
by passing the bar examinations. The practice of law is a privilege
that can be withheld even from one who has passed the bar
examinations, if the person seeking admission had practiced law
without a license.
• True, respondent here passed the 2000 Bar Examinations and took
the lawyer’s oath. However, it is the signing in the Roll of
Attorneys that finally makes one a full-fledged lawyer. The fact
that respondent passed the bar examinations is immaterial. Passing
the bar is not the only qualification to become an attorney-at-law.
Respondent should know that two essential requisites for becoming
a lawyer still had to be performed, namely: his lawyer’s oath to be
administered by this Court and his signature in the Roll of Attorneys.
– Aguirre v. Rana, B. M. No. 1036. June 10, 2003

6
Signing of the Lawyer’s Oath is not equivalent
to “taking the oath”

• Respondent Abad should know that the circumstances which he has

narrated do not constitute his admission to the Philippine Bar and the
right to practice law thereafter. He should know that two essential
requisites for becoming a lawyer still had to be performed, namely:
his lawyer's oath to be administered by this Court and his signature in
the Roll of Attorneys. (Rule 138, Secs. 17 and 19, Rules of Court.) - Re:
Elmo Abad, A. M. No. 139 [1983]

7
 Whether or not a lawyer is entitled to
exemption from payment of his IBP dues
during the time that he was inactive in
the practice of law
• Thus, payment of dues is a necessary consequence of
membership in the IBP, of which no one is exempt. This means
that the compulsory nature of payment of dues subsists for as long
as one’s membership in the IBP remains regardless of the lack of
practice of, or the type of practice, the member is engaged in.
• There is nothing in the law or rules which allows exemption from
payment of membership dues. At most, as correctly observed by
the IBP, he could have informed the Secretary of the Integrated Bar
of his intention to stay abroad before he left. In such case, his
membership in the IBP could have been terminated and his
obligation to pay dues could have been discontinued. - Letter of Atty.
Cecilio Y. Arevalo Jr. B.M. 1370 May 9, 20058
 Is IBP membership fee
a form of tax?
• For the court to prescribe dues to be paid by the members does not
mean that the Court is attempting to levy a tax.

• A membership fee in the Bar association is an exaction for regulation,

while tax purpose of a tax is a revenue. If the judiciary has inherent
power to regulate the Bar, it follows that as an incident to regulation, it
may impose a membership fee for that purpose. It would not be
possible to put on an integrated Bar program without means to defray
the expenses. The doctrine of implied powers necessarily carries with it
the power to impose such exaction. - Letter of Atty. Cecilio Y. Arevalo Jr. B.M. 1370
May 9, 2005

9
 There is no provision under the CPR which
prohibits the unauthorized practice of law

• CANON 9 - A lawyer shall not, directly or indirectly, assist in the

unauthorized practice of law.

• While a reading of Canon 9 appears to merely prohibit lawyers from

assisting in the unauthorized practice of law, the unauthorized
practice of law by the lawyer himself is subsumed under this
provision, because at the heart of Canon 9 is the lawyer's duty to
prevent the unauthorized practice of law. - Petition to sign in the Roll of
Attorneys, Medado, B.M. No. 2540 [2013]

10
 Intent is necessary to be guilty of
unauthorized practice of law
• In several cases, we have ruled that the unauthorized practice of law
by assuming to be an attorney and acting as such without
authority constitutes indirect contempt which is punishable by fine
or imprisonment or both. The liability for the unauthorized practice
of law under Section 3(e), Rule 71 of the Rules of Court is in the
nature of criminal contempt and the acts are punished because
they are an affront to the dignity and authority of the court, and
obstruct the orderly administration of justice. In determining
liability for criminal contempt, well-settled is the rule that intent is
a necessary element, and no one can be punished unless the
evidence makes it clear that he intended to commit it. - Normatan &
Pagayokan v. Balajadia, G.R. No. 169517 2006

11
 Examples of unauthorized
practice of law
• In the cases where we found a party liable for the unauthorized
practice of law, the party was guilty of some overt act like:
1. signing court pleadings on behalf of his client;
2. appearing before court hearings as an attorney;
3. manifesting before the court that he will practice law despite being
previously denied admission to the bar; or
4. deliberately attempting to practice law and
5. holding out himself as an attorney through circulars with full
knowledge that he is not licensed to do so.
- Normatan & Pagayokan v. Balajadia, G.R. No. 169517 2006

12
 Pre-law requirements
• Rule 138 Sec. 6. Pre-Law. - No applicant for admission to the bar
examination shall be admitted unless he presents a certificate that he
has satisfied the Secretary of Education that, before he began the
study of law, he had pursued and satisfactorily completed in an
authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course,
the course of study prescribed therein for a bachelor's degree in arts or
sciences with any of the following subjects as major or field of
concentration: political science, logic, english, spanish, history and
economics.

13
 Violation of Rule 138 section 6
• “[b]y utilizing the school records of his cousin and name-sake, Juan
M. Publico when, in actual fact, petitioner had not completed Grade
VI of his elementary schooling, much less, First and Second Year High
School.”
• For all the foregoing, we find and so hold that respondent falsified
his school records, by making it appear that he had finished or
completed Grade VI elementary and First and Second Year high
school, when in truth and in fact he had not, thereby violating the
provisions of Sections 5 and 6, Rule 127 of the Rules of Court,
which require completion by a bar examinee or candidate of the
prescribed courses in elementary, high, pre-law and law school, prior
to his admission to the practice of law. - In re: Juan Publico, Petition for
Reinstatement in the Roll of Attorneys February 20, 1981

14
Took the Bar examination without any college
degree

• Complainant and respondent are siblings born to Porferio R. Caronan,

Jr. and Norma A. Caronan. Respondent is the older of the two, having
been born on February 7, 1975, while complainant was born on August
5, 1976. Both of them completed their secondary education at the
Makati High School where complainant graduated in 1993 and
respondent in 1991. Upon his graduation, complainant enrolled at the
University of Makati where he obtained a degree in Business
Administration in 1997.

15
 ……

• He started working thereafter as a Sales Associate for Philippine Seven

Corporation (PSC), the operator of 7-11 Convenience Stores. In 2001, he
married Myrna G. Tagpis with whom he has two (2) daughters. Through
the years, complainant rose from the ranks until, in 2009, he was
promoted as a Store Manager of the 7-11 Store in Muntinlupa.

16
 ……

• Meanwhile, upon graduating from high school, respondent enrolled at

the Pamantasan ng Lungsod ng Maynila (PLM), where he stayed for
one (1) year before transferring to the Philippine Military Academy
(PMA) in 1992. In 1993, he was discharged from the PMA and focused
on helping their father in the family's car rental business. In 1997, he
moved to Nueva Vizcaya with his wife, Rosana, and their three (3)
children. Since then, respondent never went back to school to earn a
college degree.

17
 ……

• In 1999, during a visit to his family in Metro Manila, respondent told

complainant that the former had enrolled in a law school in Nueva
Vizcaya.
• Subsequently, in 2004, their mother informed complainant that
respondent passed the Bar Examinations and that he used
complainant's name and college records from the University of Makati
to enroll at St. Mary's University's College of Law in Bayombong, Nueva
Vizcaya and take the Bar Examinations. Complainant brushed these
aside as he did not anticipate any adverse consequences to him.

18
 ……

• In 2006, complainant was able to confirm respondent's use of his name

and identity when he saw the name "Patrick A. Caronan" on the
Certificate of Admission to the Bar displayed at the latter's office in
Taguig City. Nevertheless, complainant did not confront respondent
about it since he was pre-occupied with his job and had a family to
support.
• Sometime in May 2009, however, after his promotion as Store Manager,
complainant was ordered to report to the head office of PSC in
Mandaluyong City where, upon arrival, he was informed that the
National Bureau of Investigation (NBI) was requesting his presence at
its office in Taft Avenue, Manila, in relation to an investigation
involving respondent who, at that point, was using the name "Atty.
Patrick A. Caronan.“

19
 ……

• O n the other hand,a fellow church-m em ber had also told him that
respondent w ho,using the nam e "Atty.Patrick A.Caronan," alm ost
victim ized his (church-m em ber's) relatives.Com plainant also received a
phone callfrom a certain M rs.Loyda L.Reyes (Reyes),w ho narrated
how respondent tricked her into believing that he w as authorized to
sella parcelof land in Taguig City w hen in fact,he w as not.Further,he
learned that respondent w as arrested for gun-running activities,illegal
possession of explosives,and violation ofBatas Pa mbansa Bilang (BP)
22.

20
 ……

• Due to the controversies involving respondent's use of the name

"Patrick A. Caronan," complainant developed a fear for his own safety
and security. He also became the subject of conversations among his
colleagues, which eventually forced him to resign from his job at
PSC. Hence, complainant filed the present Complaint-Affidavit to
stop respondent's alleged use of the former's name and identity,
and illegal practice of law.
 ……

• Here, respondent exhibited his dishonesty and utter lack of moral

fitness to be a member of the Bar when he assumed the name,
identity, and school records of his own brother and dragged the latter
into controversies which eventually caused him to fear for his safety
and to resign from PSC where he had been working for years. Good
moral character is essential in those who would be lawyers. This is
imperative in the nature of the office of a lawyer, the trust relation
which exists between him and his client, as well as between him and
the court.
• Finally, respondent made a mockery of the legal profession by
pretending to have the necessary qualifications to be a lawyer. He
also tarnished the image of lawyers with his alleged unscrupulous
activities, which resulted in the filing of several criminal cases against
him. Certainly, respondent and his acts do not have a place in the legal
profession where one of the primary duties of its members is to uphold
its integrity and dignity. - Patrick A. Caronan v. Richard A. Caronan a.k.a. “Atty. Patrick A.
Caronan”, July 12, 2016, A.C. No. 11316
 Grossly immoral act
• A grossly immoral act is one that is so corrupt and false as to
constitute a criminal act or so unprincipled or disgraceful as to be
reprehensible to a high degree. It is a willful, flagrant, or shameless act
which shows a moral indifference to the opinion of respectable
members of the community. - Figueroa v. Barranco, Jr. SBC Case No. 519 1997

23
Good moral character versus Good reputation

• Good moral character is what a person really is, as distinguished from

good reputation or from the opinion generally entertained of him, the
estimate in which he is held by the public in the place where he is
known. Moral character is not a subjective term but one which
corresponds to objective reality. The standard of personal and
professional integrity is not satisfied by such conduct as it merely
enables a person to escape the penalty of criminal law. Good moral
character includes at least common honesty.- In the Matter of the
Disqualification of Bar Examinee Haron S. Meling in the 2002 Bar Examinations, B.M. No. 1154,
June 8, 2004
 Applicant should be ready to present
evidence of good moral character

• When applicants seek admission to the bar, they have placed their
character at issue. Therefore, the applicant bears the burden of
producing information proving good moral character. - Mitchell Simon ,
Nick Smith and Nicole Negowetti

25
 Is breach of promise to marry
gross immorality?
 Respondent was prevented from taking the lawyer’s oath in 1971
because of the charges of gross immorality made by
complainant. To recapitulate, respondent bore an illegitimate child
with his sweetheart, Patricia Figueroa, who also claims that he did
not fulfill his promise to marry her after he passes the bar
examinations.
 We find that these facts do not constitute gross immorality
warranting the permanent exclusion of respondent from the legal
profession. His engaging in premarital sexual relations with
complainant and promises to marry suggests a doubtful moral
character on his part but the same does not constitute grossly
immoral conduct. The Court has held that to justify suspension or
disbarment the act complained of must not only be immoral, but
grossly immoral. - Figueroa v. Barranco, Jr. SBC Case No. 519 1997

26
 Good moral character v. Rehabilitation

• When an applicant for admission to the bar has committed first-

degree murder, a crime that demonstrates an extreme lack of
good moral character, he must make an extraordinary showing of
present good moral character to establish that he or she is qualified
to be admitted to the practice of law xxx.
• To show rehabilitation, [one] must show that he has accepted
responsibility for his criminal conduct.
• Rehabilitation is a necessary, but not sufficient, ingredient of good
moral character of bar applicant who had been convicted of a
serious felony; applicant must establish his current good moral
character, independent of and in addition to, evidence of
rehabilitation. - In re: James Joseph Hamm 123 P.3d 652 [2005]

27
 Rehabilitation is not enough
 Even assuming that [one] has established rehabilitation, showing
rehabilitation from criminal conduct does not, in itself, establish good
moral character.

 Rehabilitation is a necessary, but not sufficient, ingredient of good

moral character. An applicant must establish his current good moral
character, independent of and in addition to, evidence of rehabilitation.

 Even assuming that he has established rehabilitation, showing

rehabilitation from criminal conduct does not, in itself, establish
good moral character. - In re: James Joseph Hamm 123 P.3d 652 [2005]

28
 What is an“upright character”?
• “Upright character” is something more than an absence of bad
character. It means that he [an applicant for admission] must have
conducted himself as a man of upright character ordinarily would,
should, or does. Such character expresses itself not in negatives nor in
following the line of least resistance, but quite often in the will to do
the unpleasant thing if it is right, and the resolve not to do the
pleasant thing if it is wrong. - In re: James Joseph Hamm 123 P.3d 652 [2005]

29
 Past and Present moral character

• We also agree with Hamm that, under the Rule applicable to

Hamm's application, our concern must be with the applicant's
present moral character. In Greenberg, we explained that "it is [the
applicant's] moral character as of now with which we are
concerned." xxx Past misconduct, however, is not irrelevant.
Rather, this Court must determine what past bad acts reveal about
an applicant's current character. - In re: James Joseph Hamm 123 P.3d 652
[2005]

30
 Effect of prior criminal conviction
• “Although a prior conviction is not conclusive of a lack of present
good moral character, ... it adds to his burden of establishing
present good character by requiring convincing proof of his full and
complete rehabilitation.”- In re: James Joseph Hamm 123 P.3d 652 [2005]

31
 Within the context of legal ethics is homicide
a crime involving moral turpitude?

• This is not to say that all convictions of the crime of homicide do

not involve moral turpitude. Homicide may or may not involve
moral turpitude depending on the degree of the crime. Moral
turpitude is not involved in every criminal act and is not shown by
every known and intentional violation of statute, but whether any
particular conviction involves moral turpitude may be a question of
fact and frequently depends on all the surrounding circumstances.
 ……

• While . . . generally but not always, crimes mala in se involve moral

turpitude, while crimes mala prohibita do not, it, cannot always be
ascertained whether moral turpitude does or does not exist by
classifying a crime as malum in se or as malum prohibitum, since
there are crimes which are mala in se and yet but rarely involve moral
turpitude and there are crimes which involve moral turpitude and are
mala prohibita only. It follows therefore, that moral turpitude is
somewhat a vague and indefinite term, the meaning of which must
be left to the process of judicial inclusion or exclusion as the cases
are reached.
• As to what crime involves moral turpitude, is for the Supreme Court
to determine. – IRRI v. NLRC, G.R. No. 97239 May 12, 1993
 Is poverty of litigant a justification to
engage in illegal practice of law?

• The defense of respondent that "his participation (sic) for

defendants' cause was gratuitous as they could not engage
the services of counsel by reason of poverty and the
absence of one in the locality" cannot, even if true, carry
the day for him, - Zeta v. Malinao, A.M. No. P-220, December 20, 1978

34
 Can a lawyer-detainee practice law?

• As a matter of law, when a person indicted for an offense is

arrested, he is deemed placed under the custody of the law. He is
placed in actual restraint of liberty in jail so that he may be bound
to answer for the commission of the offense. He must be detained
in jail during the pendency of the case against him, unless he is
authorized by the court to be released on bail or on recognizance.
Let it be stressed that all prisoners whether under preventive
detention or serving final sentence can not practice their
profession nor engage in any business or occupation, or hold
office, elective or appointive, while in detention. This is a
necessary consequence of arrest and detention. – PP v. Hon. Maceda
and Javellana G.R. No. 89591-96 January 24, 2000

35
 What is the effect of non-payment of
IBP dues?

• Rule 139-A, Section 10 which provides that "default in the payment of

annual dues for six months shall warrant suspension of membership
in the Integrated Bar, and default in such payment for one year shall
be a ground for the removal of the name of the delinquent member
from the Roll of Attorneys.“ - Santos, Jr. V. Atty. Llamas A.C No. 4749 [2000]

36
 Misrepresenting to the public and the
courts that he had paid his IBP dues
 By indicating "IBP-Rizal 259060" in his pleadings and thereby
misrepresenting to the public and the courts that he had paid his
IBP dues to the Rizal Chapter, respondent is guilty of violating the Code
of Professional Responsibility which provides:
 Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.
 CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY
AND DIGNITY OF THE LEGAL PROFESSION, AND SUPPORT THE
ACTIVITIES OF THE INTEGRATED BAR.
 CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH
TO THE COURT.
 Rule 10.01 - A lawyer shall not do any falsehood, nor consent to
the doing of any court; nor shall he mislead or allow the court to be
misled by any artifice. - Santos, Jr. V. Atty. Llamas A.C No. 4749 [2000]
37
 Is a “senior citizen” lawyer exempted from
payment of ITR also exempted from
payment of IBP dues?

• While it is true that R.A. No. 7432, §4 grants senior citizens

"exemption from the payment of individual income taxes: provided,
that their annual taxable income does not exceed the poverty level
as determined by the National Economic and Development
Authority (NEDA) for that year," the exemption does not include
payment of membership or association dues. - Santos, Jr. V. Atty. Llamas
A.C No. 4749 [2000]

38
 Does giving up Philippine citizenship
automatically result into lost of membership in
the Philippine bar?
• The Constitution provides that the practice of all professions in
the Philippines shall be limited to Filipino citizens save in cases
prescribed by law. Since Filipino citizenship is a requirement for
admission to the bar, loss thereof terminates membership in
the Philippine bar and, consequently, the privilege to engage in
the practice of law. In other words, the loss of Filipino
citizenship i pso jure terminates the privilege to practice law in
the Philippines. The practice of law is a privilege denied to
foreigners. - Petition for leave to resume practice of law,Dacanay B.M. No. 1678
December 17, 2007

39
 May a lawyer who has lost his Filipino
citizenship still practice law in the
Philippines?
• The Constitution provides that the practice of all professions in the
Philippines shall be limited to Filipino citizens save in cases
prescribed by law. Since Filipino citizenship is a requirement for
admission to the bar, loss thereof terminates membership in the
Philippine bar and, consequently, the privilege to engage in the
practice of law. In other words, the loss of Filipino citizenship i pso
jure terminates the privilege to practice law in the Philippines. The
practice of law is a privilege denied to foreigners. - Petition for leave to
resume practice of law,Dacanay B.M. No. 1678 December 17, 2007

40
 Effect of reacquisition of
Filipino citizenship

• A Filipino lawyer who becomes a citizen of another country and later

re-acquires his Philippine citizenship under R.A. No. 9225, remains to
be a member of the Philippine Bar. – Petition to reacquire the privilege to
practice law in the Philippines, Muneses, B.M. 2112 [2012]

41
Requirements before one can resume practice
of law after reacquiring Filipino citizenship

• Before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can

resume his law practice, he must first secure from this Court the authority to do
so, conditioned on:
(a) the updating and payment in full of the annual membership dues in the IBP;
(b) the payment of professional tax;
(c) the completion of at least 36 credit hours of mandatory continuing legal
education; this is specially significant to refresh the applicant/petitioner’s
knowledge of Philippine laws and update him of legal developments and
(d) the retaking of the lawyer’s oath which will not only remind him of his duties
and responsibilities as a lawyer and as an officer of the Court, but also renew his
pledge to maintain allegiance to the Republic of the Philippines. – Petition for leave to
resume practice of law, Dacanay B.M. No. 1678 December 17, 2007

42
What is the purpose for requiring the retaking
of Lawyer’s Oath?

• The retaking of the lawyer’s oath which will not only remind him of
his duties and responsibilities as a lawyer and as an officer of the
Court, but also renew his pledge to maintain allegiance to the Republic
of the Philippines.

43
Citizenship requirement in order to practice
law in the Philippines

• Constitution Art. 12 Section 14. xxx. The practice of all professions in

the Philippines shall be limited to Filipino citizens, save in cases
prescribed by law.

44
 Requirements for all applicants for
• Section 2, Rule 138 admission to the tobar
(Attorneys and Admission Bar) of the Rules of
Court:
Requirements for all applicants for admission to the bar. – Every
applicant for admission as a member of the bar must be a citizen of
the Philippines, at least twenty-one years of age, of good moral
character, and a resident of the Philippines; and must produce before
the Supreme Court satisfactory evidence of good moral character,
and that no charges against him, involving moral turpitude, have been
filed or are pending in any court in the Philippines.

45
 Continuing requirements to practice law

• The second requisite for the practice of law ― membership in good

standing ― is a continuing requirement. This means continued
membership and, concomitantly, payment of annual membership dues
in the IBP; payment of the annual professional tax; compliance with the
mandatory continuing legal education requirement; faithful observance
of the rules and ethics of the legal profession and being continually
subject to judicial disciplinary control. -Petition for leave to resume practice of
law,Dacanay B.M. No. 1678 December 17, 2007

46
 Phases of admission to the bar
• Moreover, admission to the bar involves various phases such as
furnishing satisfactory proof of educational, moral and other
qualifications; passing the bar examinations; taking the lawyer’s oath
and signing the roll of attorneys and receiving from the clerk of court
of this Court a certificate of the license to practice. - Petition for leave to
resume practice of law,Dacanay B.M. No. 1678 December 17, 2007

47
 Can a successful examinee take his oath
before any person allowed by law to
administer an oath?
• Rule 138 Sec. 17. Admission and oath of successful applicants. - An
applicant who has passed the required examination, or has been
otherwise found to be entitled to admission to the bar, shall take
and subscribe before the Supreme Court the corresponding oath of
office.

• Inasmuch as the oath as lawyer is a prerequisite to the practice of

law and may be taken only, before the Supreme Court, by those
authorized by the latter to engage in such practice xxx. – PP v. De Luna,
et. al. G.R. Nos. L-10236-48. January 31, 1958

48
Section 2. Section 41 of the Administrative
Code of 1987 is hereby amended to read as
follows
Sec. 41. Officers Authorized to Administer Oath. - The following officers
have general authority to administer oaths:
• President;
• Vice-President;
• Members and Secretaries of both Houses of the Congress;
• Members of the Judiciary;
• Secretaries of Departments;
• provincial governors and lieutenant-governors;
• city mayors;
• municipal mayors;
• bureau directors;
49
…authorized to administer oath

• regional directors;
• clerks of courts;
• registrars of deeds;
• other civilian officers in the public service of the government of the
Philippines whose appointments are vested in the President and are
subject to confirmation by the Commission on Appointments;
• all other constitutional officers;
• and notaries public."

50
 Duties of Attorneys
• Rule 138 section 20 - It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to
support the Constitution and obey the laws of the Philippines;
(b) To observe and maintain the respect due to the courts of justice
and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear
to him to be just, and such defenses only as he believes to be
honestly debatable under the law;
(d) To employ, for the purpose of maintaining the causes confided to
him, such means only as are consistent with truth and honor, and
never seek to mislead the judge or any judicial officer by an
artifice or false statement of fact or law;

51
 ……

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the
secrets of his client, and to accept no compensation in connection with his client's
business except from him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the
honor or reputation of a party or witness, unless required by the justice of the cause
with which he is charged;
(g) Not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person may be deprived of life or
liberty, but by due process of law.
 What is a lawyer’s proof of
authority to practice of law?

• Rule 138 Sec. 18. Certificate. - The Supreme Court shall thereupon
admit the applicant as a member of the bar for all the courts of the
Philippines, and shall direct an order to be entered to that effect
upon its records, and that a certificate of such record be given to
him by the clerk of court, which certificate shall be his authority to
practice.

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 Authority to appear in behalf
of a client
• Sec. 21. Authority of attorney to appear. - An attorney is presumed
to be properly authorized to represent any cause in which he
appears, and no written “power of attorney” is required to
authorize him to appear in court for his client, but the presiding
judge may, on motion of either party and on reasonable grounds
therefor being shown, require any attorney who assumes the right
to appear in a case to produce or prove the authority under
which he appears, and to disclose, whenever pertinent to any issue,
the name of the person who employed him, and may thereupon
make such order as justice requires. An attorney wilfully appearing in
court for a person without being employed, unless by leave of the
court, may be punished for contempt as an officer of the court
who has misbehaved in his official transactions.

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 Presumption in favor of the counsel’s
authority to appear

• The presumption in favor of the counsels authority to appear in behalf

of a client is a strong one. A lawyer is not even required to present a
written authorization from the client. In fact, the absence of a formal
notice of entry of appearance will not invalidate the acts performed by
the counsel in his clients name. However, the court, on its own initiative
or on motion of the other party require a lawyer to adduce
authorization from the client. – LBP v. Pamintuan Development, G.R. no. 16788,
October 25, 2005

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 Failure to sign in the
Roll of Attorneys
• Petitioner did not sign in the Roll of Attorneys for 32 years. What he
had signed at the entrance of the PICC was probably just an
attendance record.

• As Medado is not yet a full-fledged lawyer, we cannot suspend him

from the practice of law. However, we see it fit to impose upon him a
penalty akin to suspension by allowing him to sign in the Roll of
Attorneys one ( 1) year after receipt of this Resolution. For his
transgression of the prohibition against the unauthorized practice of
law, we likewise see it fit to fine him in the amount of P32,000. – Petition
to sign in the Roll of Attorneys, Medado, B.M. No. 2540 [2013]

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Certificate of Membership & Certificate of
Membership in Good Standing in IBP

• Certificate of Membership in the Integrated Bar of the

Philippines as well as a Certificate of Membership in Good
Standing with the Quezon City Chapter of the Integrated Bar of
the Philippines do not constitute his admission to the
Philippine Bar and the right to practice law thereafter. - Re: Elmo
Abad, A. M. No. 139 [1983]

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 Requirements after flunking
the bar 3 times

• Sec. 16. Failing candidates to take review course. - Candidates who

have failed the bar examinations for three times shall be disqualified
from taking another examination unless they show to the satisfaction of
the court that they have enrolled in and passed regular fourth year
review classes as well as attended a pre-bar review course in a
recognized law school.

The professors of the individual review subjects attended by the

candidates under this rule shall certify under oath that the candidates
have regularly attended classes and passed the subjects under the
same conditions as ordinary students and the ratings obtained by
them in the particular subject.

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 Requirements after flunking
the bar 3 times

• Enrollment and completion of pre-bar review course is an additional

requirement under Rule 138 of the Rules of Court for those who failed
the bar examinations for three (3) or more times. - In re: Purisima, B.M. Nos.
979 and 986 [2002]

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 A “Counselor” is not an “Attorney”

• The title of "attorney" is reserved to those who, having obtained the

necessary degree in the study of law and successfully taken the Bar
Examinations, have been admitted to the Integrated Bar of the
Philippines and remain members thereof in good standing; and it is
they only who are authorized to practice law in this jurisdiction.

• His disinclination to use the title of "counselor" does not warrant his
use of the title of attorney. - Alawi v. Alauya, A.M. SDC-97-2-P. February 24, 1997

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 Prohibited acts of an examinee
• Rule 138 Sec. 12. Committee of examiners. - Examinations shall be
conducted by a committee of bar examiners to be appointed by the
Supreme Court. This committee shall be composed of a Justice of the
Supreme Court, who shall act as chairman, and who shall be designated
by the court to serve for one year, and eight members of the bar of the
Philippines, who shall hold office for a period of one year. The names of
the members of this committee shall be published in each volume of
the official reports.
• Rule 138 Sec. 13. Disciplinary measures. - No candidate shall endeavor
to influence any member of the committee, and during examination
the candidates shall not communicate with each other nor shall they
give or receive any assistance. The candidate who violates this
provision, or any other provision of this rule, shall be barred from the
examination, and the same to count as a failure against him, and
further disciplinary action, including permanent disqualification, may be
taken in the discretion of the court.
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 Can an “indefinite suspension” from the
practice of law prohibit a lawyer from filing a
citizen or taxpayer suit?

• Petitioner Alan F. Paguia (petitioner), as citizen and taxpayer, filed

this original action for the writ of certiorari to invalidate President
Gloria Macapagal-Arroyo’s nomination of respondent former Chief
Justice Hilario G. Davide, Jr. (respondent Davide) as Permanent
Representative to the United Nations (UN) for violation of Section 23
of Republic Act No. 7157 (RA 7157), the Philippine Foreign Service
Act of 1991.
• In their separate Comments, respondent Davide, the Office of the
President, and the Secretary of Foreign Affairs (respondents) raise
threshold issues against the petition. First, they question
petitioner’s standing to bring this suit because of his indefinite
suspension from the practice of law.
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 ……

• An incapacity to bring legal actions peculiar to petitioner also obtains.

Petitioner’s suspension from the practice of law bars him from
performing “any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training and
experience.” Certainly, preparing a petition raising carefully crafted
arguments on equal protection grounds and employing highly
legalistic rules of statutory construction to parse Section 23 of RA
7157 falls within the proscribed conduct. - Paguia v. Office of the President,
G.R. No. 176278 [2010]
 RULE 7
EXEMPTIONS
Section 1. Parties exempted from the MCLE
B.M. No. 850 August 22, 2000
• The following members of the Bar are exempt from the MCLE
requirement:
(a) The President and the Vice President of the Philippines, and the
Secretaries and Undersecretaries of Executives Departments;
(b) Senators and Members of the House of Representatives;
(c) The Chief Justice and Associate Justices of the Supreme Court,
incumbent and retired members of the judiciary, incumbent
members of the Judicial and Bar Council and incumbent court
lawyers covered by the Philippine Judicial Academy program of
continuing judicial education;
 ……

(d) The Chief State Counsel, Chief State Prosecutor and Assistant
Secretaries of the Department of Justice;
(e) The Solicitor General and the Assistant Solicitor General;
(f) The Government Corporate Counsel, Deputy and Assistant
Government Corporate Counsel;
(g) The Chairmen and Members of the Constitutional Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy
Ombudsmen and the Special Prosecutor of the Office of the
Ombudsman;
(i) Heads of government agencies exercising quasi-judicial functions;
 ……

( j) Incumbent deans, bar reviews and professors of law who

have teaching experience for at least 10 years accredited
law schools;
(k) The Chancellor, Vice-Chancellor and members of the Corps
of Professors and Professorial Lectures of the Philippine
Judicial Academy; and
(l) Governors and Mayors.
 ……
• Section 2. Other parties exempted from the MCLE
The following Members of the Bar are likewise exempt:
(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the approval of the
IBP Board of Governors.
• Section 3. Good cause for exemption from or modification of
requirement
A member may file a verified request setting forth good cause for
exemption (such as physical disability, illness, post graduate study
abroad, proven expertise in law, etc.) from compliance with or
modification of any of the requirements, including an extension of time
for compliance, in accordance with a procedure to be established by the
MCLE Committee.
 ……

• Section 4. Change of status

The compliance period shall begin on the first day of the month in which
a member ceases to be exempt under Sections 1, 2, or 3 of this Rule and
shall end on the same day as that of all other members in the same
Compliance Group.
• Section 5. Proof of exemption
Applications for exemption from or modification of the MCLE
requirement shall be under oath and supported by documents.
 Good cause for exemption from
(MCLE) or modification of
requirement B.M. 850
• Rule 7 Section 3. Good cause for exemption from or modification
of requirement
• A member may file a verified request setting forth good cause
for exemption (such as physical disability, illness, post graduate
study abroad, proven expertise in law, etc.) from compliance with
or modification of any of the requirements, including an
extension of time for compliance, in accordance with a procedure
to be established by the MCLE Committee.

69
 Whether respondent is administratively liable
for his failure to comply with the MCLE
requirements.

• Section 12(5) of the MCLE Implementing Regulations provides:

• xxxx
(5) Any other act or omission analogous to any of the foregoing or intended to
circumvent or evade compliance with the MCLE requirements. A member
failing to comply with the continuing legal education requirement will
receive a Non-Compliance Notice stating his specific deficiency and will be
given sixty (60) days from the receipt of the notification to explain the
deficiency or otherwise show compliance with the requirements. Such notice
shall be written in capital letters as follows:
YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE
OR PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT WITHIN 60 DAYS
FROM RECEIPT OF THIS NOTICE SHALL BE A CAUSE FOR LISTING YOU AS A
DELINQUENT MEMBER AND SHALL NOT BE PERMITTED TO PRACTICE LAW
UNTIL SUCH TIME AS ADEQUATE PROOF OF COMPLIANCE IS RECEIVED BY THE
MCLE COMMITTEE.
 ……

• The Member may use the 60-day period to complete his compliance
with the MCLE requirement. Credit units earned during this period may
only be counted toward compliance with the prior period requirement
unless units in excess of the requirement are earned in which case the
excess may be counted toward meeting the current compliance period
requirement.
• A member who is in non-compliance at the end of the compliance
period shall pay a non-compliance fee of P1,000.00 and shall be
listed as a delinquent member of the IBP by the IBP Board of
Governors upon the recommendation of the MCLE Committee, in
which case Rule 139-A of the Rules of Court shall apply.
 ……

• Rule 139-A
• Section 10. Effect of non-payment of dues. — Subject to the provisions
of Section 12 of this Rule, default in the payment of annual dues for
six months shall warrant suspension of membership in the Integrated
Bar, and default in such payment for one year shall be a ground for the
removal of the name of the delinquent member from the Roll of
Attorneys.
 ……

• In addition, his listing as a delinquent member of the IBP is also akin

to suspension because he shall not be permitted to practice law until
such time as he submits proof of full compliance to the IBP Board of
Governors, and the IBP Board of Governors has notified the MCLE
Committee of his reinstatement, under Section 14 of the MCLE
Implementing Regulations. Hence, we deem it proper to declare
respondent as a delinquent member of the IBP and to suspend him
from the practice of law for six months or until he has fully complied
with the requirements of the MCLE for the First, Second, Third, and
Fourth Compliance Periods, whichever is later, and he has fully paid the
required non-compliance and reinstatement fees. - Atty. Samuel B. Amado v.
Atty. Homobono A. Adaza, A.C. No. 9834, August 26, 2015
 ……

• With regard to Orlando’s alleged violation of BM No. 1922, the Court

agrees with the IBP that his failure to disclose the required
information for MCLE compliance in the complaint for damages he
had filed against his brother Marcelo is not a ground for disbarment.
At most, his violation shall only be cause for the dismissal of the
complaint as well as the expunction thereof from the records. – Maximo
Doble III v. Atty. Orlando 0. Ailes, A.C. No. 10628, July 01, 2015
 Failure to disclose MCLE information in pleadings
OCA Circular no. 79-2014

• In the Resolution of the Court En Banc dated January 14, 2014 in the
above-cited administrative matter, the Court RESOLVED, upon the
recommendation of the MCLE Governing Board, to: (a) AMEND the
June 3, 2008 resolution by repealing the phrase “Failure to disclose the
required information would cause the dismissal of the case and the
expunction of the pleadings from the records” and replacing it with
“Failure to disclose the required information would subject the
counsel to appropriate penalty and disciplinary action”; and
 ……

• (b) PRESCRIBE the following rules for non-disclosure of current MCLE

compliance/exemption number in the pleadings:
(i) The lawyer shall be imposed a fine of P2,000.00 for the first offense,
P3,000.00 for the second offense and P4,000.00 for the third
offense;
(ii) In addition to the fine, counsel may be listed as a delinquent
member of the Bar pursuant to Section 2, Rule 13 of Bar Matter
No. 850 and its implementing rules and regulations; and
(iii) The non-compliant lawyer shall be discharged from the case and
the client/s shall be allowed to secure the services of a new counsel
with the concomitant right to demand the return of fees already
paid to the non-compliant lawyer.
• This revokes OCA Circular No. 66-2008 dated July 22, 2008, and any
prior circular from the Office of the Court Administrator on this matter
which is contrary to the foregoing is hereby superseded.
• For your information, guidance and strict compliance. 26 May 2014
 Written entry of appearance and MCLE compliance
SC Resolution February 17, 2015

• "B.M. No. 850 (Re: Rules on Mandatory Continuing Legal Education for
Active Members of the Integrated Bar of the Philippines).Acting on the
Letter dated January 13, 2015 of Hon. Bernardo P. Pardo, Chairperson,
MCLE Governing Board, submitting for the Court's approval the MCLE
Governing Board Resolution No. 007-2014, the Court Resolved to
REQUIRE all members of the Integrated Bar of the Philippines to file a
written entry of appearance indicating their MCLE exemption or
compliance number for the current or immediately preceding
compliance period and date of issuance thereof before appearing as
counsel or engaging in oral argument in open court or before a
quasi-judicial body.
 ……

• However, counsels who affixed their signatures in - their pleadings and

indicated their MCLE exemption or compliance number in their
pleadings need not file a separate entry of appearance. Henceforth,
all counsels, including partners of law firms whose names appear in the
said pleadings, shall also indicate their MCLE exemption or compliance
number.
• This resolution shall take effect on March 1, 2015 following its
publication in a newspaper of general circulation."
Thank you for your
attention!!

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