R eq u irem en ts “ b efo re

ad m issio n to th e b ar”
o r fo r co n tin u o u s
“ p ractice o f law ” , etc.

Problem Areas in Legal Ethics

Arellano University School of Law – Arellano Law Foundation
2016-2017

1
 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 pr act i ce l aw?

• Secti on 1, Rul e 138 of t he Rul es of Court pr ovi des:

Who may practi ce l aw. – Any person her et of or e dul y
ad mi tted as a me mber of t he bar, or t her eaft er admi tt ed as
such i n accordance wi t h the pr ovi si ons of t hi s Rul e, and who
is i n good and r egul ar standi ng, i s entitl ed t o pr acti ce l aw.

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.
8
B.M. 1370 May 9, 2005
 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.

• W hile 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
 Exampl es of unaut hor i zed
pr act i ce of l aw

• I n t he cases wher e we f ound a party liabl e f or t he

unaut hori zed pr acti ce of la w, t he party was guilty of some
overt act li ke:
1. si gni ng court pl eadi ngs on behal f of hi s cli ent;
2. appeari ng bef or e court heari ngs as an att or ney;
3. mani f esting bef or e t he court t hat he will pr actice l aw des pi te
bei ng pr evi ousl y deni ed ad mi ssi on t o the bar; or
4. deli ber atel y att e mpti ng t o pr acti ce l aw and
5. hol di ng out hi msel f as an att or ney t hr ough ci rcul ars wi t h f ull
knowl edge that he is not licensed to do so.
- Nor matan & Pagayokan v. Bal ajadi a, G. R. No. 169517 2006
11
 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.

12
 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
13 February 20, 1981
 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

14
 Gr ossl y i mmor al act

• A gr ossl y i mmor al act i s one t hat i s so corr upt and f al se as t o

constit ut e a cri mi nal act or so unpri nci pl ed or di sgracef ul as
t o be r epr ehensi bl e t o a hi gh degr ee. It i s a willf ul, fl agr ant,
or sha mel ess act whi ch shows a mor al i ndi ff er ence to t he
opi ni on of respect abl e member s of t he communi ty. -
Fi guer oa v. Barr anco, Jr. SBC Case No. 519 1997

15
 I s br each of pr omi se t o mar r y
gr oss i mmor al i t y?
 Res pondent was pr event ed fr om t aki ng t he l awyer’ s oat h i n 1971
because of the char ges of gr oss i mmor ality made by
co mpl ai nant. To r ecapi t ul at e, respondent bor e an ill egi ti mat e
chil d wi t h hi s s weet heart, Patri ci a Fi guer oa, who al so cl ai ms t hat
he di d not ful fill hi s pr omi se t o mar ry her aft er he passes t he
bar exa mi nati ons.

 We fi nd t hat t hese f acts do not constitut e gr oss i mmor ality

warr anti ng t he per manent excl usi on of respondent fr om t he l egal
pr of essi on. Hi s engagi ng i n pr e mari tal sexual relati ons wi t h
co mpl ai nant and pr o mi ses t o marry suggests a doubtf ul mor al
char act er on hi s part but t he sa me does not constitut e gr ossly
i mmor al conduct. The Court has hel d t hat t o j ustify suspensi on
or di sbar ment t he act compl ai ned of must not onl y be i mmor al ,
but gr ossl y immor al. - Figuer oa v. Barranco, Jr. SBC Case No. 519
1997 16
 Good moral character v.
Rehabilitation
• W hen 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]
17
 Rehabi l i t at i on i s not enough

 Even assu mi ng t hat [ one] has est abli shed r ehabilitati on,
showi ng r ehabilitati on fr om cri mi nal conduct does not, i n
itself, est abli sh good mor al char act er.

 Rehabilitati on i s a necessar y, but not suffi ci ent, i ngredi ent of

good mor al char act er. An appli cant must est abli sh hi s
curr ent good mor al char act er, i ndependent of and i n addi ti on
t o, evi dence of rehabilitation.

 Even assu mi ng t hat he has est abli shed r ehabilitation, showi ng

rehabilitati on fr om cri minal conduct does not, i n itself,
est abli sh good mor al charact er. - I n re: Ja mes J oseph Ha mm
123 P. 3d 652 [ 2005]
18
 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]

19
 Past and Pr esent mor al char act er

• We al so agr ee wi t h Ha mm t hat, under t he Rul e appli cabl e t o

Ha mm' s appl i cati on, our concer n must be wi t h t he appli cant 's
pr esent mor al char act er. I n Gr eenber g, we expl ai ned t hat "i t i s
[t he appli cant' s] mor al char act er as of now wi t h whi ch we ar e
concer ned. " xxx Past misconduct, however, i s not irrel evant.
Rat her, t hi s Court must deter mi ne what past bad acts r eveal
about an appli cant' s current char act er. - I n re: Ja mes J oseph
Ha mm 123 P. 3d 652 [ 2005]

20
 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]

21
 I s pover t y of l i t i gant a j ust i f i cat i on
t o engage i n i l l egal pr act i ce of l aw?

• The def ense of r espondent t hat "hi s parti ci pati on (sic) f or

def endants' cause was gr at ui t ous as t hey coul d not engage t he
servi ces of counsel by reason of poverty and t he absence of
one i n t he l ocality" cannot, even if tr ue, carry t he day f or hi m, -
Zet a v. Mali nao, A. M. No. P-220, December 20, 1978

22
 Can a l awyer -det ai nee
pr act i ce l aw?

• As a matt er of l aw, when a person i ndi ct ed f or an off ense i s

arr est ed, he is dee med pl aced under the cust ody of t he l aw. He i s
pl aced i n actual restrai nt of li berty i n jail so t hat he may be
bound t o answer f or t he co mmi ssi on of t he off ense. He must be
det ai ned i n jail duri ng t he pendency of t he case agai nst hi m,
unl ess he i s aut hori zed by t he court to be r el eased on bail or on
recogni zance. Let it be stressed t hat all pri soners whet her
under pr eventi ve det ention or servi ng fi nal sent ence can not
pr acti ce t hei r pr of essi on nor engage in any busi ness or
occupati on, or hol d offi ce, el ecti ve or appoi nti ve, whi l e i n
det enti on. Thi s i s a necessary consequence of arrest and
det enti on. – PP v. Hon. Maceda and J avell ana G. R. No. 89591-96
Januar y 24, 2000
23
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]

24
 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]
25
Is a “senior citizen” lawyer exempted
from payment of ITR also exempted from
payment of IBP dues?

• W hile 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]

26
 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. Bala jadia,
G.R. No. 169517 2006
27
 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 ipso
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,D acanay B.M. No. 1678 D ecember 17, 2007

28
 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 ipso
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,D acanay B.M. No. 1678 D ecember 17, 2007

29
 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]

30
 Requi r ement s bef or e one can r esume
pr act i ce of l aw af t er r eacqui r i ng Fi l i pi no
ci t i zenshi p
• Bef or e a l awyer who r eacqui r es Fili pi no ci ti zenshi p pur suant t o RA
9225 can r esu me hi s l aw pr acti ce, he must first secur e fr om t hi s
Court t he authori ty t o do so, condi ti oned on:
( a) t he updati ng and payme nt i n f ull of t he annual me mber shi p
dues i n t he IBP;
( b) t he pay ment of pr of essi onal tax;
(c) t he co mpl eti on of at l east 36 credi t hours of mandat or y
conti nui ng legal education; t hi s i s speci all y si gni ficant t o r efr esh
t he appli cant/petiti oner’ s knowl edge of Phili ppi ne la ws and
updat e hi m of l egal devel opment s and
( d) t he retaki ng of t he l awyer’ s oat h whi ch will not onl y r e mi nd
hi m of hi s duti es and r esponsi biliti es as a l awyer and as an offi cer
of t he Court, but al so r ene w hi s pl edge t o mai nt ai n all egi ance to
t he Republi c of t he Phili ppi nes. – Petition for leave to resume practice of law,
Dacanay B.M. No. 1678 December 17, 2007 31
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.

32
 Ci t i zenshi p r equi r ement i n or der t o
pr act i ce l aw i n t he Phi l i ppi nes

• Constit uti on Art. 12 Secti on 14. xxx. The pr acti ce of all pr of essi ons
i n t he Phili ppi nes shall be li mit ed t o Filipi no ci ti zens, save i n
cases pr escribed by l aw.

33
 Requi r ement s f or al l appl i cant s f or
admi ssi on t o t he bar

• Secti on 2, Rul e 138 ( Att orneys and Admi ssi on t o Bar) of t he

Rul es of Court:

Requi rement s for all applicant s for admi ssi on to the bar. –
Ever y appli cant f or admi ssi on as a member of t he bar must be
a ci ti zen of the Phili ppi nes, at l east twent y- one years of
age, of good mor al char act er, and a resi dent of t he
Phili ppi nes; and must produce bef or e t he Supr e me Court
sati sf act or y evi dence of good mor al char act er, and t hat no
char ges agai nst hi m, i nvol vi ng mor al t ur pi t ude, have been
fil ed or are pendi ng i n any court i n the Phili ppi nes.

34
 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 D ecember 17,
2007

35
 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,D acanay B.M.
No. 1678 D ecember 17, 2007

36
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. D e Luna, et. al. G .R. Nos. L-10236-48.
January 31, 1958

37
 Sect i on 2. Sect i on 41 of t he
Admi ni st r at i ve Code of 1987 i s her eby
amended t o r ead as f ol l ows
Sec. 41. Offi cers Aut hori zed t o Ad mi ni ster Oat h. - The f oll owi ng
offi cers have gener al aut hori ty t o ad mi ni st er oat hs:
• Pr esi dent;
• Vi ce-Pr esi dent;
• Me mber s and Secr et ari es of bot h Houses of t he Congr ess;
• Me mber s of t he J udi ci ary;
• Secr et ari es of Depart ment s;
• pr ovi nci al gover nors and l i eut enant-gover nors;
• ci ty mayors;
• muni ci pal mayors;
• bur eau di r ector s;

38
…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."

39
 Dut i es of At t or neys
• 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;
(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.

40
 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.

41
• 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.
• LAND BANK OF THE PHILIPPINES, G.R. No. 167886
• Petitioner,
• PAMINTUAN DEVELOPMENT
• CO., represented by MARIANO Promulgated:
• PAMINTUAN, JR., Respondent.
• October 25, 2005 42
 Fai l ur e t o si gn i n t he
Rol l of At t or neys

• Peti ti oner di d not si gn i n t he Roll of Att or neys f or 32 years.

What he had si gned at t he entr ance of t he PI CC was pr obabl y
j ust an att endance r ecor d.

• As Medado i s not yet a full -fl edged l awyer, we cannot

suspend hi m fr om t he practi ce of l aw. However, we see it fit
t o i mpose upon hi m a penal ty aki n t o suspensi on by
all owi ng hi m t o si gn i n t he Roll of Attor neys one ( 1) year
aft er recei pt of t hi s Resol uti on. For hi s transgr essi on of t he
pr ohi bi ti on agai nst t he unaut hori zed practi ce of l aw, we
li kewi se see it fit t o fi ne hi m i n t he a mount of P32, 000. –
Petiti on t o sign i n t he Rol l of Att or neys, Medado, B. M. No.
2540 [ 2013]
43
 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]

44
 Requi r ement s af t er f l unki ng
t he bar 3 t i mes
• Sec. 16. Faili ng candi dat es t o t ake r evi ew course. - Candi dat es
who have f ailed t he bar exa mi nati ons for t hr ee ti mes shall be
di squalifi ed fr om t aki ng anot her exa mi nati on unl ess t hey
show t o t he sati sf acti on of t he court t hat t hey have enr oll ed
i n and passed r egul ar f ourt h year revi ew cl asses as well as
attended a pre-bar revi ew course i n a recogni zed l aw
school.

The pr of essors of t he i ndi vi dual revi ew subj ects attended by

t he candi dates under t hi s r ul e shall certify under oat h t hat
t he candi dates have r egul arl y att ended cl asses and passed
t he subj ects under t he same condi ti ons as or di nar y st udents
and t he rati ngs obt ai ned by t he mi n the parti cul ar subj ect.
45
 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. 46
 A “ Counsel or ” i s not an “ At t or ney”

• The titl e of "att or ney" i s reser ved t o t hose who, havi ng obt ai ned
t he necessary degr ee i n the st udy of la w and successf ull y taken
t he Bar Exa mi nati ons, have been ad mitted t o t he I ntegr at ed Bar
of t he Phili ppi nes and r emai n me mbers t her eof i n good st andi ng;
and i t i s t hey onl y who are aut hori zed t o pr acti ce l aw i n t hi s
j uri sdi cti on.

• Hi s di si ncli nati on t o use the titl e of "counsel or " does not warr ant
hi s use of t he titl e of att or ney. - Al awi v. Al auya, A. M. SDC-97-2-
P. Febr uar y 24, 1997

47
 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 48
the court.
 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]

49
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. 50
• 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]

51
Thank you for your
attention!!

52
 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.
53
 Failure to comply with the requirements of
the Mandatory Continuing Legal Education
(MCLE) under Bar Matter No. 850.
• In a letter, dated 15 March 2013, Atty. Samuel B.
Amado (complainant) called the attention of this
Court to the practice of respondent of indicating
"MCLE application for exemption under process" in
his pleadings filed in 2009, 2010, 2011, and 2012,
and "MCLE Application for Exemption for
Reconsideration" in a pleading filed in 2012.

54
55