AA 1. Requirements Before Admission to the Bar or Practice of Law (1)

8/17/2019 AA 1. Requirements Before Admission to the Bar or Practice of Law (1)

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equirements “beforeequirements “before

admission to the bar”

dmission to the bar”

or for continuous

r for continuous

“practice of law”, etc.

practice of law”, etc.

Problem Areas in Legal EthicsProblem Areas in Legal Ethics

Arellano Uniersit! "chool of Law # Arellano Law $oundation Arellano Uniersit! "chool of Law # Arellano Law $oundation

%&'()%&'*%&'()%&'*

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+hat is practice of law

hat is practice of law

-he ourt ruled that the term “practice of law” implies customaril!-he ourt ruled that the term “practice of law” implies customaril!

or habituall! holding oneself out to the public as a law!er foror habituall! holding oneself out to the public as a law!er for

compensation as a source of lielihood or in consideration of hiscompensation as a source of lielihood or in consideration of his

serices. -he ourt further ruled that holding one/s self out as aserices. -he ourt further ruled that holding one/s self out as a

law!er ma! be shown b! acts indicatie of that purpose,law!er ma! be shown b! acts indicatie of that purpose, such asuch as

identif!ing oneself as attorne!

dentif!ing oneself as attorne! ,, appearing in court inppearing in court in

representation of a client

epresentation of a client , or, or associating oneself as a partnerssociating oneself as a partner

of a law office

f a law office for the general practice of law. )for the general practice of law. ) Att!. 0oe) Att!. 0oe)

Lacsaman . Att!. 1usmente, A.. 0o. 2%34 5%&''6 Lacsaman . Att!. 1usmente, A.. 0o. 2%34 5%&''6

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An! actiit!, in and out of court, that requires the application of An! actiit!, in and out of court, that requires the application of

law, legal procedure, 7nowledge, training and e8perience.law, legal procedure, 7nowledge, training and e8perience.

9oreoer, we ruled that to engage in the practice of law is9oreoer, we ruled that to engage in the practice of law is too

perform those acts which are characteristics of the

erform those acts which are characteristics of the

profession

rofession : to practice law is to: to practice law is to gie notice or render an! 7indie notice or render an! 7ind

of serice, which deice or serice requires the use in an!

f serice, which deice or serice requires the use in an!

degree of legal 7nowledge

egree of legal 7nowledge or s7ill. )or s7ill. ) ;uer! of Att!. "ilerio)1uffe,;uer! of Att!. "ilerio)1uffe,

A.9. 0o. &


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-he practice of law-he practice of law is not limited to the conduct of cases ors not limited to the conduct of cases or

litigation in court

itigation in court : it embraces the: it embraces the preparation of pleadingsreparation of pleadings

andand other papers incident to actions and special proceedingsther papers incident to actions and special proceedings ,,

the management of such actions and proceedings on behalf ofthe management of such actions and proceedings on behalf of

clients before >udges and courts, and in addition, cone!ancing.clients before >udges and courts, and in addition, cone!ancing.

?n general, all adice to clients, and all action ta7en for them in?n general, all adice to clients, and all action ta7en for them in

matters connected with the law 888. )matters connected with the law 888. ) Aguirre . Rana, 1. 9. 0o. Aguirre . Rana, 1. 9. 0o.

'&=3. @une '&, %&&= '&=3. @une '&, %&&=

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+ho ma! practice law

ho ma! practice law

"ection ', Rule '=< of the Rules of ourt proides"ection ', Rule '=< of the Rules of ourt proides

+ho ma! practice law. # An! person heretofore +ho ma! practice law. # An! person heretofore dul! admitted as aul! admitted as a

member of the bar

ember of the bar , or thereafter admitted as such in accordance, or thereafter admitted as such in accordance

with the proisions of this Rule, and with the proisions of this Rule, and who is in good and regularho is in good and regular

standingtanding , is entitled to practice law., is entitled to practice law.

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Passing the bar e8am is not enough

assing the bar e8am is not enough

A bar candidate does not acquire the right to practice law A bar candidate does not acquire the right to practice law simpl!impl!

b! passing the bar e8aminations

! passing the bar e8aminations . -he practice of law is a. -he practice of law is a

priilege that can be withheldpriilege that can be withheld een from one who has passeden from one who has passed

the bar e8aminations

he bar e8aminations , if the person see7ing admission had, if the person see7ing admission had

practiced law without a license.practiced law without a license.

-rue, respondent here passed the %&&& 1ar E8aminations and too7-rue, respondent here passed the %&&& 1ar E8aminations and too7

the law!er/s oath. Doweer,the law!er/s oath. Doweer, it is the signing in the oll oft is the signing in the oll of

Attorne!s that finall! ma7es one a full)fledged law!er.

ttorne!s that finall! ma7es one a full)fledged law!er. -he-he

fact that respondent passed the bar e8aminations is immaterial.fact that respondent passed the bar e8aminations is immaterial.

Passing the bar is not the onl! qualification to become an attorne!)Passing the bar is not the onl! qualification to become an attorne!)

at)law. Respondent should 7now that two essential requisites forat)law. Respondent should 7now that two essential requisites for

becoming a law!er still had to be performed, namel! his law!er/sbecoming a law!er still had to be performed, namel! his law!er/s

oath to be administered b! this ourt and his signature in the Rolloath to be administered b! this ourt and his signature in the Roll

of Attorne!s. #of Attorne!s. # Aguirre . Rana, Aguirre . Rana, 1. 9. 0o. '&=3. @une '&, %&&= 1. 9. 0o. '&=3. @une '&, %&&=

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"igning of the Law!er/s ath is not equialent

igning of the Law!er/s ath is not equialent

to “ta7ing the oath”

o “ta7ing the oath”

Respondent Abad should 7now that the circumstances which heRespondent Abad should 7now that the circumstances which he

has narratedhas narrated do not constitute his admissiono not constitute his admission to the Philippineto the Philippine

1ar and the1ar and the right to practice lawight to practice law thereafter. De should 7now thatthereafter. De should 7now that

two essential requisites for becoming a law!er still had to betwo essential requisites for becoming a law!er still had to be

performed, namel! his law!erFs oath to be administered b! thisperformed, namel! his law!erFs oath to be administered b! this

ourt and his signature in the Roll of Attorne!s. GRule '=


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+hether or not a law!er is entitled to

hether or not a law!er is entitled to

e8emption from pa!ment of his ?1P

8emption from pa!ment of his ?1P

dues during the time that he wasues during the time that he was

inactie in the practice of law

nactie in the practice of law

-hus,-hus, pa!ment of dues is a necessar! consequence ofa!ment of dues is a necessar! consequence of

membership in the ?1P

embership in the ?1P , of which no one is e8empt. -his means, of which no one is e8empt. -his means

that the compulsor! nature of pa!ment of dues subsiststhat the compulsor! nature of pa!ment of dues subsists for asor as

long as one/s membership in the ?1P remains regardless of

ong as one/s membership in the ?1P remains regardless of

the lac7 of practice of, or the t!pe of practice, the member is

he lac7 of practice of, or the t!pe of practice, the member is

engaged in.

ngaged in.

-here is nothing in the law or rules-here is nothing in the law or rules which allows e8emptionhich allows e8emption

from pa!ment of membership dues.

rom pa!ment of membership dues. At most, as correctl! At most, as correctl!

obsered b! the ?1P, he could hae informed the "ecretar! of theobsered b! the ?1P, he could hae informed the "ecretar! of the

?ntegrated 1ar of his intention to sta! abroad before he left. ?n?ntegrated 1ar of his intention to sta! abroad before he left. ?n

such case, his membership in the ?1P could hae been terminatedsuch case, his membership in the ?1P could hae been terminated

and his obligation to pa! dues could hae been discontinued. )and his obligation to pa! dues could hae been discontinued. )

Letter of Att!. ecilio I. Arealo @r. 1.9. '=2& 9a! 4, %&&* Letter of Att!. ecilio I. Arealo @r. 1.9. '=2& 9a! 4, %&&*

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?s ?1P membership fee

s ?1P membership fee

a form of ta8

form of ta8

$or the court to prescribe dues to be paid b! the members does not$or the court to prescribe dues to be paid b! the members does not

mean that the ourt is attempting to le! a ta8.mean that the ourt is attempting to le! a ta8.

A membership fee in the 1ar association A membership fee in the 1ar association is an e8action fors an e8action for

regulationegulation ,, while ta8 purpose of a ta8 is a reenuehile ta8 purpose of a ta8 is a reenue . ?f the. ?f the >udiciar! has inherent power to regulate the 1ar, it follows that as >udiciar! has inherent power to regulate the 1ar, it follows that as

an incident to regulation, it ma! impose a membership fee for thatan incident to regulation, it ma! impose a membership fee for that

purpose. ?t would not be possible to put on an integrated 1arpurpose. ?t would not be possible to put on an integrated 1ar

program without means to defra! the e8penses. -he doctrine ofprogram without means to defra! the e8penses. -he doctrine of

implied powers necessaril! carries with it the power to imposeimplied powers necessaril! carries with it the power to imposesuch e8action. )such e8action. ) Letter of Att!. ecilio I. Arealo @r. 1.9. '=2& 9a!Letter of Att!. ecilio I. Arealo @r. 1.9. '=2& 9a!

4, %&&* 4, %&&*

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-here is no proision under the P which

here is no proision under the P which

prohibits the unauthoriJed practice of law

rohibits the unauthoriJed practice of law

A00 4 ) A law!er shall not, directl! or indirectl!, assist in theA00 4 ) A law!er shall not, directl! or indirectl!, assist in the

unauthoriJed practice of law.unauthoriJed practice of law.

+hile a reading of anon 4 appears to merel! +hile a reading of anon 4 appears to merel! prohibit law!ersrohibit law!ers

from assistingrom assisting in the unauthoriJed practice of law, thein the unauthoriJed practice of law, theunauthoriJed practice of law b! the law!er himself is

nauthoriJed practice of law b! the law!er himself is

subsumed under this proision

ubsumed under this proision , because at the heart of anon 4, because at the heart of anon 4

is the law!erFs dut! to preent the unauthoriJed practice of law. )is the law!erFs dut! to preent the unauthoriJed practice of law. )

Petition to sign in the Roll of Attorne!s, 9edado, 1.9. 0o. %*(&Petition to sign in the Roll of Attorne!s, 9edado, 1.9. 0o. %*(&

5%&'=6 5%&'=6

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E8amples of unauthoriJed

8amples of unauthoriJed

practice of law

ractice of law

?n the cases where we found a part! liable for the unauthoriJed?n the cases where we found a part! liable for the unauthoriJed

practice of law, the part! was guilt! of some oert act li7epractice of law, the part! was guilt! of some oert act li7e

'. signing court pleadings on behalf of his client:'. signing court pleadings on behalf of his client:

%. appearing before court hearings as an attorne!:%. appearing before court hearings as an attorne!:

=. manifesting before the court that he will practice law despite being=. manifesting before the court that he will practice law despite beingpreiousl! denied admission to the bar: orpreiousl! denied admission to the bar: or

(. deliberatel! attempting to practice law and(. deliberatel! attempting to practice law and

*. holding out himself as an attorne! through circulars with full*. holding out himself as an attorne! through circulars with full

7nowledge that he is not licensed to do so7nowledge that he is not licensed to do so.. ) 0ormatan K Paga!o7an . 1ala>adia, .R. 0o. '34*'2 %&&3 ) 0ormatan K Paga!o7an . 1ala>adia, .R. 0o. '34*'2 %&&3

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Pre)law requirements

re)law requirements

Rule '=< "ec. 3. Pre)Law. ) 0o applicant for admission to the barRule '=< "ec. 3. Pre)Law. ) 0o applicant for admission to the bar

e8amination shall be admitted unless he presents a certificate thate8amination shall be admitted unless he presents a certificate that

he has satisfied the "ecretar! of Education that,he has satisfied the "ecretar! of Education that, before he beganefore he began

the stud! of law

he stud! of law , he had pursued and, he had pursued and satisfactoril! completedatisfactoril! completed

in an authoriJed and recogniJed uniersit! or college

n an authoriJed and recogniJed uniersit! or college ,,

requiring for admission thereto therequiring for admission thereto the completion of a four)!earompletion of a four)!ear

high school course

igh school course , the course of stud! prescribed therein for a, the course of stud! prescribed therein for a

bachelorFs degree in arts or sciences with an! of the followingbachelorFs degree in arts or sciences with an! of the following

sub>ects as ma>or or field of concentration political science, logic,sub>ects as ma>or or field of concentration political science, logic,

english, spanish, histor! and economics.english, spanish, histor! and economics.

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Miolation of ule '=< section 3

iolation of ule '=< section 3

““5b6! utiliJing the school records of his cousin and name)sa7e,5b6! utiliJing the school records of his cousin and name)sa7e,

@uan 9. Publico when, in actual fact, petitioner had not completed@uan 9. Publico when, in actual fact, petitioner had not completed

rade M? of his elementar! schooling, much less, $irst and "econdrade M? of his elementar! schooling, much less, $irst and "econd

Iear Digh "chool.” Iear Digh "chool.”

$or all the foregoing, we find and so hold that respondent falsified$or all the foregoing, we find and so hold that respondent falsifiedhis school records, b!his school records, b! ma7ing it appear that he had finished ora7ing it appear that he had finished or

completed rade M? elementar! and $irst and "econd Iear

ompleted rade M? elementar! and $irst and "econd Iear

high school

igh school , when in truth and in fact he had not, thereb!, when in truth and in fact he had not, thereb!

iolating the proisions of "ections * and 3, Rule '%2 of the Rules ofiolating the proisions of "ections * and 3, Rule '%2 of the Rules of

ourt, which require completion b! a bar e8aminee or candidateourt, which require completion b! a bar e8aminee or candidate

of the prescribed courses in elementar!, high, pre)law and lawof the prescribed courses in elementar!, high, pre)law and law

school, prior to his admission to the practice of law. )school, prior to his admission to the practice of law. ) ?n re @uan?n re @uanPublico,Petition for Reinstatement in the Roll of Attorne!s $ebruar! %&,Publico,Petition for Reinstatement in the Roll of Attorne!s $ebruar! %&,

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?s breach of promise to marr!

s breach of promise to marr!

gross immoralit!

ross immoralit!

Respondent was preented from ta7ing the law!er/s oath in '42'because of the charges of gross immoralit! made b!complainant. -o recapitulate, respondent bore an illegitimate child

with his sweetheart, Patricia $igueroa, who also claims that he didnot fulfill his promise to marr! her after he passes the bare8aminations.

+e find that these facts do not constitute gross immoralit! warranting the permanent e8clusion of respondent from the legalprofession. Dis engaging in premarital se8ual relations with

complainant and promises to marr! suggests a doubtful moral

character on his part but the same does not constitute grossl!

immoral conduct. -he ourt has held that to >ustif! suspension ordisbarment the act complained of must not onl! be immoral, butgrossl! immoral. ) $igueroa . 1arranco, @r. "1 ase 0o. *'4 '442

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rossl! immoral act

rossl! immoral act

A grossl! immoral act is one that is so corrupt and false as toconstitute a criminal act or so unprincipled or disgraceful as to bereprehensible to a high degree. ?t is a willful, flagrant, or shamelessact which shows a moral indifference to the opinion of respectablemembers of the communit!. ) $igueroa . 1arranco, @r. "1 ase0o. *'4 '442

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ood moral character . ehabilitation

ood moral character . ehabilitation

+hen an applicant for admission to the bar has committed first) +hen an applicant for admission to the bar has committed first)

degree murder,degree murder, a crime that demonstrates an e8treme lac7 ofcrime that demonstrates an e8treme lac7 of

good moral character

ood moral character , he must ma7e an e8traordinar! showing, he must ma7e an e8traordinar! showing

of present good moral character to establish that he or she isof present good moral character to establish that he or she is

qualified to be admitted to the practice of law 888.qualified to be admitted to the practice of law 888.

-o show rehabilitation, 5one6 must show that he has accepted-o show rehabilitation, 5one6 must show that he has accepted

responsibilit! for his criminal conduct.responsibilit! for his criminal conduct.

Rehabilitation is a necessar!, but not sufficient, ingredient of goodRehabilitation is a necessar!, but not sufficient, ingredient of good

moral character of bar applicant who had been conicted of amoral character of bar applicant who had been conicted of aserious felon!: applicant must establish hisserious felon!: applicant must establish his current good moralurrent good moral

character

haracter ,, independent of and in addition to, eidence ofndependent of and in addition to, eidence of

rehabilitation

ehabilitation . ). ) ?n re @ames @oseph Damm '%= P.=d 3*% 5%&&*6 ?n re @ames @oseph Damm '%= P.=d 3*% 5%&&*6

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ehabilitation is not enough

ehabilitation is not enough

Een assuming that 5one6 has established rehabilitation, showingEen assuming that 5one6 has established rehabilitation, showing

rehabilitation from criminal conduct does not, in itself, establishrehabilitation from criminal conduct does not, in itself, establish

good moral character.good moral character.

Rehabilitation is a necessar!, but not sufficient, ingredient of goodRehabilitation is a necessar!, but not sufficient, ingredient of goodmoral character. An applicant must establish his current goodmoral character. An applicant must establish his current good

moral character, independent of and in addition to, eidence ofmoral character, independent of and in addition to, eidence of

rehabilitation.rehabilitation.

Een assuming that he has established rehabilitation, showingEen assuming that he has established rehabilitation, showingrehabilitation from criminal conduct does not

ehabilitation from criminal conduct does not , in itself,, in itself,

establish good moral character. )establish good moral character. ) ?n re @ames @oseph Damm '%=?n re @ames @oseph Damm '%=

P.=d 3*% 5%&&*6 P.=d 3*% 5%&&*6

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+hat is an“upright character”

hat is an“upright character”

FUpright characterF is something more than an absence of badFUpright characterF is something more than an absence of bad

character. ?t means that he 5an applicant for admission6 must haecharacter. ?t means that he 5an applicant for admission6 must hae

conducted himself as a man of upright character ordinaril! would,conducted himself as a man of upright character ordinaril! would,

should, or does. "uch character e8presses itself not in negatiesshould, or does. "uch character e8presses itself not in negaties

nor in following the line of least resistance, but quite often in thenor in following the line of least resistance, but quite often in the

will to do the unpleasant thing if it is right, and the resole not to will to do the unpleasant thing if it is right, and the resole not to

do the pleasant thing if it is wrong. )do the pleasant thing if it is wrong. ) ?n re @ames @oseph Damm '%=?n re @ames @oseph Damm '%=

P.=d 3*% 5%&&*6 P.=d 3*% 5%&&*6

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Past and Present moral character

ast and Present moral character

+e also agree with Damm that, under the Rule applicable to +e also agree with Damm that, under the Rule applicable to

DammFs application,DammFs application, our concern must be with the applicantFsur concern must be with the applicantFs

present moral character.

resent moral character. ?n reenberg, we e8plained that Nit is?n reenberg, we e8plained that Nit is

5the applicantFs6 moral character as of now with which we are5the applicantFs6 moral character as of now with which we areconcerned.N 888concerned.N 888 Past misconduct, howeer, is not irreleant.ast misconduct, howeer, is not irreleant. Rather, this ourt must determine what past bad acts reeal aboutRather, this ourt must determine what past bad acts reeal about

an applicantFs current character. )an applicantFs current character. ) ?n re @ames @oseph Damm '%=?n re @ames @oseph Damm '%=

P.=d 3*% 5%&&*6 P.=d 3*% 5%&&*6

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Effect of prior criminal coniction

ffect of prior criminal coniction

““ Although a Although a prior coniction is not conclusie of a lac7 ofrior coniction is not conclusie of a lac7 of

present good moral character

resent good moral character , ..., ... it adds to his burden oft adds to his burden of

establishing present good character

stablishing present good character b! requiring conincingb! requiring conincing

proof of his full and complete rehabilitation.”)proof of his full and complete rehabilitation.”) ?n re @ames @oseph?n re @ames @oseph

Damm '%= P.=d 3*% 5%&&*6 Damm '%= P.=d 3*% 5%&&*6

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?s poert! of litigant a >ustification to

s poert! of litigant a >ustification to

engage in illegal practice of lawngage in illegal practice of law

-he defense of respondent that Nhis participation GsicH for-he defense of respondent that Nhis participation GsicH fordefendantsF causedefendantsF cause was gratuitous as the! could not engage theserices of counsel b! reason of poert! and the absence of

one in the localit! N cannot, een if true, carr! the da! for him, )N cannot, een if true, carr! the da! for him, )

Beta . 9alinao, A.9. 0o. P)%%&, Cecember %&, '42


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an a law!er)detainee

an a law!er)detainee

practice law

ractice law

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

arrested, he is deemed placed under the custod! of the law. De isarrested, he is deemed placed under the custod! of the law. De is

placed in actual restraint of libert! in >ail so that he ma! be boundplaced in actual restraint of libert! in >ail so that he ma! be bound

to answer for the commission of the offense. De must be detainedto answer for the commission of the offense. De must be detained

in >ail during the pendenc! of the case against him, unless he isin >ail during the pendenc! of the case against him, unless he isauthoriJed b! the court to be released on bail or on recogniJance.authoriJed b! the court to be released on bail or on recogniJance.

Let it be stressed that all prisoners whether under preentie

et it be stressed that all prisoners whether under preentie

detention or sering final sentence can not practice their

etention or sering final sentence can not practice their

profession nor engage in an! business or occupation, or hold

rofession nor engage in an! business or occupation, or hold

office, electie or appointie, while in detentionffice, electie or appointie, while in detention . -his is a-his is a

necessar! consequence of arrest and detention. #

ecessar! consequence of arrest and detention. # PP . Don.PP . Don.

9aceda and @aellana .R. 0o.


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+hat is the effect of non)pa!ment of

hat is the effect of non)pa!ment of

?1P dues

1P dues

Rule '=4)A, "ection '& which proides that Ndefault in the pa!mentRule '=4)A, "ection '& which proides that Ndefault in the pa!ment

of annual duesof annual dues for si8 monthsor si8 months shall warrantshall warrant suspension ofuspension of

membership

embership in the ?ntegrated 1ar, and default in such pa!mentin the ?ntegrated 1ar, and default in such pa!ment

for one !ear

or one !ear shall be a ground for theshall be a ground for the remoal of the name ofemoal of the name of

the delinquent member from the oll of Attorne!s

he delinquent member from the oll of Attorne!s .“ ).“ ) "antos,"antos,

@r. M. Att!. Llamas A. 0o. (2(4 5%&&&6 @r. M. Att!. Llamas A. 0o. (2(4 5%&&&6

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Law!er must indicate his proper ?1P

aw!er must indicate his proper ?1P

chapter K receipt number

hapter K receipt number

1! indicating N?1P)RiJal %*4&3&N in his pleadings and thereb!1! indicating N?1P)RiJal %*4&3&N in his pleadings and thereb!misrepresenting to the public and the courts that he had paid hismisrepresenting to the public and the courts that he had paid his

?1P dues to the RiJal hapter, respondent is guilt! of iolating the?1P dues to the RiJal hapter, respondent is guilt! of iolating the

ode of Professional Responsibilit! which proidesode of Professional Responsibilit! which proides

Rule '.&' ) A law!er shall not engage in unlawful, dishonest, immoral orRule '.&' ) A law!er shall not engage in unlawful, dishonest, immoral or

deceitful conduct.deceitful conduct. A00 2 ) A LA+IER "DALL A- ALL -?9E" UPDLC -DE ?0-ER?-IA00 2 ) A LA+IER "DALL A- ALL -?9E" UPDLC -DE ?0-ER?-I

A0C C?0?-I $ -DE LEAL PR$E""?0, A0C "UPPR- -DE A0C C?0?-I $ -DE LEAL PR$E""?0, A0C "UPPR- -DE

A-?M?-?E" $ -DE ?0-ERA-EC 1AR. A-?M?-?E" $ -DE ?0-ERA-EC 1AR.

A00 '& ) A LA+IER +E" A0CR, $A?R0E"" A0C C $A?-DA00 '& ) A LA+IER +E" A0CR, $A?R0E"" A0C C $A?-D

- -DE UR-.- -DE UR-.

Rule '&.&' ) A law!er shall not do an! falsehood, nor consent to theRule '&.&' ) A law!er shall not do an! falsehood, nor consent to the

doing of an! court: nor shall he mislead or allow the court to be misled b!doing of an! court: nor shall he mislead or allow the court to be misled b!

an! artifice. )an! artifice. ) "antos, @r. M. Att!. Llamas A. 0o. (2(4 5%&&&6 "antos, @r. M. Att!. Llamas A. 0o. (2(4 5%&&&6

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?s a “senior citiJen” law!er e8empted

s a “senior citiJen” law!er e8empted

from pa!ment of ?- also e8empted

rom pa!ment of ?- also e8empted

from pa!ment of ?1P duesrom pa!ment of ?1P dues

+hile it is true that R.A. 0o. 2(=%, O( grants senior citiJens +hile it is true that R.A. 0o. 2(=%, O( grants senior citiJens

Ne8emption from the pa!ment of indiidual income ta8esNe8emption from the pa!ment of indiidual income ta8esproided, that their annual ta8able income does not e8ceed theproided, that their annual ta8able income does not e8ceed the

poert! leel as determined b! the 0ational Economic andpoert! leel as determined b! the 0ational Economic and

Ceelopment Authorit! G0ECAH for that !ear,NCeelopment Authorit! G0ECAH for that !ear,N the e8emptionhe e8emption

does not include pa!ment of membership or association

oes not include pa!ment of membership or association

duesues . ). ) "antos, @r. M. Att!. Llamas A. 0o. (2(4 5%&&&6 "antos, @r. M. Att!. Llamas A. 0o. (2(4 5%&&&6

26


27/58

?ntent is necessar! to be guilt! of

ntent is necessar! to be guilt! of

unauthoriJed practice of law

nauthoriJed practice of law

?n seeral cases, we hae ruled that the unauthoriJed practice of?n seeral cases, we hae ruled that the unauthoriJed practice of

lawlaw b! assuming to be an attorne!! assuming to be an attorne! andand acting as such withoutcting as such without

authorit!

uthorit! constitutes indirect contempt which is punishable b!constitutes indirect contempt which is punishable b!

fine or imprisonment or both. -he liabilit! for the unauthoriJedfine or imprisonment or both. -he liabilit! for the unauthoriJed

practice of law under "ection =GeH, Rule 2' of the Rules of ourtpractice of law under "ection =GeH, Rule 2' of the Rules of ourt issin the nature of criminal contempt

n the nature of criminal contempt and the acts are punishedand the acts are punished

because the! are an affront to the dignit! and authorit! of thebecause the! are an affront to the dignit! and authorit! of the

court, and obstruct the orderl! administration of >ustice. ?ncourt, and obstruct the orderl! administration of >ustice. ?n

determining liabilit! for criminal contempt, well)settled is the ruledetermining liabilit! for criminal contempt, well)settled is the rule

thatthat intent is a necessar! elementntent is a necessar! element , and, and no one can beo one can bepunished unless the eidence ma7es it clear that he intended

unished unless the eidence ma7es it clear that he intended

to commit it

o commit it . ). ) 0ormatan K Paga!o7an . 1ala>adia, .R. 0o.0ormatan K Paga!o7an . 1ala>adia, .R. 0o.

'34*'2 %&&3 '34*'2 %&&3

27


28/58

Coes giing up Philippine citiJenship

oes giing up Philippine citiJenship

automaticall! result into lost of

utomaticall! result into lost of

membership in the Philippine barembership in the Philippine bar

-he onstitution proides that the practice of all professions in the-he onstitution proides that the practice of all professions in the

Philippines shall be limited to $ilipino citiJens sae in casesPhilippines shall be limited to $ilipino citiJens sae in cases

prescribed b! law. "ince $ilipino citiJenship is a requirement forprescribed b! law. "ince $ilipino citiJenship is a requirement foradmission to the bar,admission to the bar, loss thereof terminates membership inoss thereof terminates membership in

the Philippine bar

he Philippine bar and, consequentl!, the priilege to engage inand, consequentl!, the priilege to engage in

the practice of law. ?n other words, thethe practice of law. ?n other words, the loss of $ilipinooss of $ilipino

citiJenship

itiJenship ipso >ureipso >ure terminates the priilege to practice lawerminates the priilege to practice law

in the Philippines. -he practice of law is a priilege denied toin the Philippines. -he practice of law is a priilege denied to

foreigners. )foreigners. ) Petition for leae to resume practice of law,Cacana!Petition for leae to resume practice of law,Cacana!1.9. 0o. '32< Cecember '2, %&&2 1.9. 0o. '32< Cecember '2, %&&2

28


29/58

9a! a law!er who has lost his $ilipino

a! a law!er who has lost his $ilipino

citiJenship still practice law in the

itiJenship still practice law in the

Philippineshilippines

-he onstitution proides that the practice of all professions in the-he onstitution proides that the practice of all professions in the

Philippines shall be limited to $ilipino citiJens sae in casesPhilippines shall be limited to $ilipino citiJens sae in cases

prescribed b! law. "ince $ilipino citiJenship is a requirement forprescribed b! law. "ince $ilipino citiJenship is a requirement foradmission to the bar, loss thereof terminates membership in theadmission to the bar, loss thereof terminates membership in the

Philippine bar and, consequentl!, the priilege to engage in thePhilippine bar and, consequentl!, the priilege to engage in the

practice of law. ?n other words, the loss of $ilipino citiJenshippractice of law. ?n other words, the loss of $ilipino citiJenship ipsoipso

>ure >ure terminates the priilege to practice law in the Philippines. -heterminates the priilege to practice law in the Philippines. -he

practice of law is a priilege denied to foreigners. )practice of law is a priilege denied to foreigners. ) Petition forPetition forleae to resume practice of law,Cacana! 1.9. 0o. '32< Cecemberleae to resume practice of law,Cacana! 1.9. 0o. '32< Cecember

'2, %&&2 '2, %&&2

29


30/58

Effect of reacquisition of

ffect of reacquisition of

$ilipino citiJenship

ilipino citiJenship

A $ilipino law!er who becomes a citiJen of another countr! and A $ilipino law!er who becomes a citiJen of another countr! and

later re)acquires his Philippine citiJenship under R.A. 0o. 4%%*,later re)acquires his Philippine citiJenship under R.A. 0o. 4%%*,

remains to be a member of the Philippine 1ar. #remains to be a member of the Philippine 1ar. # Petition toPetition to

reacquire the priilege to practice law in the Philippines, 9uneses,reacquire the priilege to practice law in the Philippines, 9uneses,1.9. %''% 5%&'%6 1.9. %''% 5%&'%6

30


31/58

equirements before one can resume

equirements before one can resume

practice of law after reacquiring $ilipino

ractice of law after reacquiring $ilipino

citiJenship

itiJenship

1efore a law!er who reacquires $ilipino citiJenship pursuant to RA1efore a law!er who reacquires $ilipino citiJenship pursuant to RA

4%%* can resume his law practice, he must first secure from this4%%* can resume his law practice, he must first secure from this

ourt the authorit! to do so, conditioned onourt the authorit! to do so, conditioned on

GaH theGaH the updating and pa!ment in fullpdating and pa!ment in full of the annual membershipof the annual membership

dues in the ?1P:dues in the ?1P:

GbH the pa!ment of professional ta8:GbH the pa!ment of professional ta8:

GcH the completion of at leastGcH the completion of at least =3 credit hours of mandator!3 credit hours of mandator!

continuing legal education

ontinuing legal education : this is speciall! significant to refresh: this is speciall! significant to refresh

the applicantpetitioner/s 7nowledge of Philippine laws andthe applicantpetitioner/s 7nowledge of Philippine laws and

update him of legal deelopments andupdate him of legal deelopments andGdH theGdH the reta7ing of the law!er/s oatheta7ing of the law!er/s oath which will not onl! remind which will not onl! remind

him of his duties and responsibilities as a law!er and as an officerhim of his duties and responsibilities as a law!er and as an officer

of the ourt, but also renew his pledge to maintain allegiance toof the ourt, but also renew his pledge to maintain allegiance to

the Republic of the Philippines. #the Republic of the Philippines. # Petition for leae to resume practice of law,Petition for leae to resume practice of law,Cacana! 1.9. 0o. '32< Cecember '2, %&&2 Cacana! 1.9. 0o. '32< Cecember '2, %&&2

31


32/58

+hat is the purpose for requiring the

hat is the purpose for requiring the

reta7ing of Law!er/s ath

eta7ing of Law!er/s ath

-he-he reta7ing of the law!er/s oatheta7ing of the law!er/s oath which will not onl! remind which will not onl! remind

him of his duties and responsibilities as a law!er and as an officerhim of his duties and responsibilities as a law!er and as an officer

of the ourt, but also renew his pledge to maintain allegiance toof the ourt, but also renew his pledge to maintain allegiance to

the Republic of the Philippines.the Republic of the Philippines.

32


33/58

itiJenship requirement in order to

itiJenship requirement in order to

practice law in the Philippines

ractice law in the Philippines

Constitution Art. 12Constitution Art. 12 "ection '(. 888. -he practice of all professions"ection '(. 888. -he practice of all professions

in the Philippines shall be limited to $ilipino citiJens,in the Philippines shall be limited to $ilipino citiJens, sae in casesae in casesprescribed b! law

rescribed b! law ..

33


34/58

e)acquisition of Philippine citiJenship upon

e)acquisition of Philippine citiJenship upon

ta7ing the oath of allegiance to the epublic

a7ing the oath of allegiance to the epublic

"ection =. Retention of Philippine itiJenship ) An! proision of law to the"ection =. Retention of Philippine itiJenship ) An! proision of law to the

contrar! notwithstanding, natural born citiJens of the Philippines b!contrar! notwithstanding, natural born citiJens of the Philippines b!

reason of their naturaliJation as citiJens of a foreign countr! are hereb!reason of their naturaliJation as citiJens of a foreign countr! are hereb!

deemed to hae re)acquired Philippine citiJenship

eemed to hae re)acquired Philippine citiJenship upon ta7ing theupon ta7ing the

following oath of allegiance to the Republicfollowing oath of allegiance to the Republic

““? QQQQQQQQQQQQ, solemnl! swear Gor affirmH that ? will support and defend the? QQQQQQQQQQQQ, solemnl! swear Gor affirmH that ? will support and defend theonstitution of the Republic of the Philippines and obe! the laws and legalonstitution of the Republic of the Philippines and obe! the laws and legal

orders promulgated b! the dul! constituted authorities of the Philippinesorders promulgated b! the dul! constituted authorities of the Philippines

and ? hereb! declare that ? recogniJe and accept the supreme authorit! ofand ? hereb! declare that ? recogniJe and accept the supreme authorit! of

the Philippines and will maintain true faith and allegiance thereto: andthe Philippines and will maintain true faith and allegiance thereto: and

that ? imposed this obligation upon m!self oluntaril! without mentalthat ? imposed this obligation upon m!self oluntaril! without mental

reseration or purpose of easion.”reseration or purpose of easion.”0atural)born citiJens of the Philippines who, after the effectiit! of this Act,0atural)born citiJens of the Philippines who, after the effectiit! of this Act,

become citiJens of a foreign countr! shall retain their Philippinebecome citiJens of a foreign countr! shall retain their Philippine

citiJenship upon ta7ing the aforesaid oath.citiJenship upon ta7ing the aforesaid oath.

34


35/58


36/58

ontinuing requirements to practice

ontinuing requirements to practice

law

aw

-he second requisite for the practice of law membership in-he second requisite for the practice of law membership in

good standing isgood standing is a continuing requirement continuing requirement. -his means. -his means

continued membership and, concomitantl!, pa!ment of annualcontinued membership and, concomitantl!, pa!ment of annual

membership dues in the ?1P: pa!ment of the annual professionalmembership dues in the ?1P: pa!ment of the annual professional

ta8: compliance with the mandator! continuing legal educationta8: compliance with the mandator! continuing legal education

requirement: faithful obserance of the rules and ethics of the legalrequirement: faithful obserance of the rules and ethics of the legalprofession and being continuall! sub>ect to >udicial disciplinar!profession and being continuall! sub>ect to >udicial disciplinar!

control. )control. )Petition for leae to resume practice of law,Cacana! 1.9.Petition for leae to resume practice of law,Cacana! 1.9.

0o. '32< Cecember '2, %&&2 0o. '32< Cecember '2, %&&2

36


37/58

Phases of admission to the bar

hases of admission to the bar

9oreoer, admission to the bar inoles9oreoer, admission to the bar inoles arious phasesarious phases such assuch as

furnishing satisfactor! proof of educational, moral and otherfurnishing satisfactor! proof of educational, moral and other

qualifications: passing the bar e8aminations: ta7ing the law!er/squalifications: passing the bar e8aminations: ta7ing the law!er/s

oath and signing the roll of attorne!s and receiing from the cler7oath and signing the roll of attorne!s and receiing from the cler7

of court of this ourt a certificate of the license to practice. )of court of this ourt a certificate of the license to practice. )

Petition for leae to resume practice of law,Cacana! 1.9. 0o. '32


38/58

an a successful e8aminee ta7e his oath

an a successful e8aminee ta7e his oath

before an! person allowed b! law to

efore an! person allowed b! law to

administer an oathdminister an oath

Rule '=< "ec. '2. Admission and oath of successful applicants. ) AnRule '=< "ec. '2. Admission and oath of successful applicants. ) An

applicant who has passed the required e8amination, or has beenapplicant who has passed the required e8amination, or has been

otherwise found to be entitled to admission to the bar, shall ta7eotherwise found to be entitled to admission to the bar, shall ta7e

and subscribeand subscribe before the "upreme ourtefore the "upreme ourt the corresponding oaththe corresponding oathof office.of office.

38


39/58

Cuties of Attorne!s

uties of Attorne!s

Rule '=< section %& ) ?t is the dut! of an attorne!Rule '=< section %& ) ?t is the dut! of an attorne!

GaH -o maintain allegiance to the Republic of the Philippines and to support the onstitution andGaH -o maintain allegiance to the Republic of the Philippines and to support the onstitution and

obe! the laws of the Philippines:obe! the laws of the Philippines:

GbH -o obsere and maintain the respect due to the courts of >ustice and >udicial officers:GbH -o obsere and maintain the respect due to the courts of >ustice and >udicial officers:

GcH -o counsel or maintain such actions or proceedings onl! as appear to him to be >ust, and suchGcH -o counsel or maintain such actions or proceedings onl! as appear to him to be >ust, and such

defenses onl! as he beliees to be honestl! debatable under the law:defenses onl! as he beliees to be honestl! debatable under the law:

GdH -o emplo!, for the purpose of maintaining the causes confided to him, such means onl! as areGdH -o emplo!, for the purpose of maintaining the causes confided to him, such means onl! as are

consistent with truth and honor, and neer see7 to mislead the >udge or an! >udicial officer b!consistent with truth and honor, and neer see7 to mislead the >udge or an! >udicial officer b!

an artifice or false statement of fact or law:an artifice or false statement of fact or law:

GeH -o maintain iniolate the confidence, and at eer! peril to himself, to presere the secrets of hisGeH -o maintain iniolate the confidence, and at eer! peril to himself, to presere the secrets of hisclient, and to accept no compensation in connection with his clientFs business e8cept from himclient, and to accept no compensation in connection with his clientFs business e8cept from him

or with his 7nowledge and approal:or with his 7nowledge and approal:

GfH -o abstain from all offensie personalit! and to adance no fact pre>udicial to the honor orGfH -o abstain from all offensie personalit! and to adance no fact pre>udicial to the honor or

reputation of a part! or witness, unless required b! the >ustice of the cause with which he isreputation of a part! or witness, unless required b! the >ustice of the cause with which he is

charged:charged:

GgH 0ot to encourage either the commencement or the continuance of an action or proceeding, orGgH 0ot to encourage either the commencement or the continuance of an action or proceeding, or

dela! an! manFs cause, from an! corrupt motie or interest:dela! an! manFs cause, from an! corrupt motie or interest:GhH 0eer to re>ect, for an! consideration personal to himself, the cause of the defenseless orGhH 0eer to re>ect, for an! consideration personal to himself, the cause of the defenseless or

oppressed:oppressed:

GiH ?n the defense of a person accused of crime, b! all fair and honorable means, regardless of hisGiH ?n the defense of a person accused of crime, b! all fair and honorable means, regardless of his

personal opinion as to the guilt of the accused, to present eer! defense that the law permits, topersonal opinion as to the guilt of the accused, to present eer! defense that the law permits, to

the end that no person ma! be depried of life or libert!, but b! due process of law.the end that no person ma! be depried of life or libert!, but b! due process of law.

39


40/58

+hat is a law!er/s proof of authorit! to

hat is a law!er/s proof of authorit! to

practice of law

ractice of law

Rule '=< "ec. '


41/58

$ailure to sign in the

ailure to sign in the

oll of Attorne!s

oll of Attorne!s

Petitioner did not sign in the Roll of Attorne!s for =% !ears. +hat hePetitioner did not sign in the Roll of Attorne!s for =% !ears. +hat he

had signed at the entrance of the P? was probabl! >ust anhad signed at the entrance of the P? was probabl! >ust an

attendance record.attendance record.

As 9edado is not !et a full)fledged law!er, we cannot suspend him As 9edado is not !et a full)fledged law!er, we cannot suspend himfrom the practice of law. Doweer, we see it fit to impose upon himfrom the practice of law. Doweer, we see it fit to impose upon him

aa penalt! a7in to suspensionenalt! a7in to suspension b! allowing him to sign in the Rollb! allowing him to sign in the Roll

of Attorne!s one G 'H !ear after receipt of this Resolution. $or hisof Attorne!s one G 'H !ear after receipt of this Resolution. $or his

transgression of the prohibition against the unauthoriJed practicetransgression of the prohibition against the unauthoriJed practice

of law, we li7ewise see it fit to fine him in the amount of P=%,&&&. #of law, we li7ewise see it fit to fine him in the amount of P=%,&&&. #

Petition to sign in the Roll of Attorne!s, 9edado, 1.9. 0o. %*(&Petition to sign in the Roll of Attorne!s, 9edado, 1.9. 0o. %*(&

5%&'=6 5%&'=6

41


42/58

ertificate of 9embership K ertificate of

ertificate of 9embership K ertificate of

9embership in ood "tanding in ?1P

embership in ood "tanding in ?1P

ertificate of 9embership in the ?ntegrated 1ar

ertificate of 9embership in the ?ntegrated 1ar of theof the

Philippines as well as aPhilippines as well as a ertificate of 9embership in oodertificate of 9embership in ood

"tanding

tanding with the ;ueJon it! hapter of the ?ntegrated 1ar of with the ;ueJon it! hapter of the ?ntegrated 1ar of

the Philippinesthe Philippines do not constitute his admission to theo not constitute his admission to thePhilippine 1ar and the right to practice law thereafter

hilippine 1ar and the right to practice law thereafter . ). ) ReRe

Elmo Abad, A. 9. 0o. '=4 5'4


43/58

equirements after flun7ing


the bar = times

he bar = times

"ec. '3. $ailing candidates to ta7e reiew course. ) andidates who"ec. '3. $ailing candidates to ta7e reiew course. ) andidates who

hae failed the bar e8aminations forhae failed the bar e8aminations for three timeshree times shall beshall be

disqualified from ta7ing another e8amination unless the! show todisqualified from ta7ing another e8amination unless the! show to

the satisfaction of the court that the! haethe satisfaction of the court that the! hae enrolled in andnrolled in and

passed regular fourth !ear reiew classes

assed regular fourth !ear reiew classes as well asas well as attended attended a

pre)bar reiew course in a recogniJed law school.re)bar reiew course in a recogniJed law school.

-he professors of the indiidual reiew sub>ects attended b! the-he professors of the indiidual reiew sub>ects attended b! the

candidates under this rule shallcandidates under this rule shall certif! under oathertif! under oath that thethat the

candidates hae regularl! attended classes and passed the sub>ectscandidates hae regularl! attended classes and passed the sub>ects

under the same conditions as ordinar! students and the ratingsunder the same conditions as ordinar! students and the ratings

obtained b! them in the particular sub>ect.obtained b! them in the particular sub>ect.

43


44/58

Authorit! to appear in behalf

uthorit! to appear in behalf

of a client

f a client

"ec. %'. Authorit! of attorne! to appear. ) An attorne! is"ec. %'. Authorit! of attorne! to appear. ) An attorne! is presumedresumed

to be properl! authoriJed to represent

o be properl! authoriJed to represent an! cause in which hean! cause in which he

appears, andappears, and no written “power of attorne!” is required too written “power of attorne!” is required to

authoriJe him to appear in court for his client,

uthoriJe him to appear in court for his client, but thebut the

presiding >udgepresiding >udge ma!a! , on motion of either part! and on reasonable, on motion of either part! and on reasonable

grounds therefor being shown,grounds therefor being shown, require an! attorne! whoequire an! attorne! whoassumes the right to appear in a case to produce or proe the

ssumes the right to appear in a case to produce or proe the

authorit! under which he appears

uthorit! under which he appears , and, and to discloseo disclose , wheneer, wheneer

pertinent to an! issue,pertinent to an! issue, the name of the person who emplo!edhe name of the person who emplo!ed

him

im , and ma! thereupon ma7e such order as >ustice requires. An, and ma! thereupon ma7e such order as >ustice requires. An

attorne! wilfull! appearing in court for a personattorne! wilfull! appearing in court for a person without beingithout beingemplo!ed

mplo!ed , unless b! leae of the court,, unless b! leae of the court, ma! be punished fora! be punished for

contempt

ontempt as an officer of the court who has misbehaed in hisas an officer of the court who has misbehaed in his

official transactions.official transactions.

44


45/58

A “ounselor” is not an “Attorne!”

“ounselor” is not an “Attorne!”

-he title of Nattorne!N is resered to those who, haing obtained-he title of Nattorne!N is resered to those who, haing obtained

the necessar! degree in the stud! of law and successfull! ta7en thethe necessar! degree in the stud! of law and successfull! ta7en the

1ar E8aminations, hae been admitted to the ?ntegrated 1ar of the1ar E8aminations, hae been admitted to the ?ntegrated 1ar of the

Philippines and remain members thereof in good standing: and itPhilippines and remain members thereof in good standing: and itis the! onl! who are authoriJed to practice law in this >urisdiction.is the! onl! who are authoriJed to practice law in this >urisdiction.

Dis disinclination to use the title of NcounselorN does not warrantDis disinclination to use the title of NcounselorN does not warrant

his use of the title of attorne!. )his use of the title of attorne!. ) Alawi . Alau!a, A.9. "C)42)%)P. Alawi . Alau!a, A.9. "C)42)%)P.

$ebruar! %(, '442 $ebruar! %(, '442

45


46/58

Prohibited acts of an e8aminee

rohibited acts of an e8aminee

Rule '=< "ec. '%. ommittee of e8aminers. ) E8aminations shall beRule '=< "ec. '%. ommittee of e8aminers. ) E8aminations shall be

conducted b! a committee of bar e8aminers to be appointed b! theconducted b! a committee of bar e8aminers to be appointed b! the

"upreme ourt. -his committee shall be composed of a @ustice of the"upreme ourt. -his committee shall be composed of a @ustice of the

"upreme ourt, who shall act as chairman, and who shall be designated b!"upreme ourt, who shall act as chairman, and who shall be designated b!

the court to sere for one !ear, and eight members of the bar of thethe court to sere for one !ear, and eight members of the bar of the

Philippines, who shall hold office for a period of one !ear. -he names ofPhilippines, who shall hold office for a period of one !ear. -he names of

the members of this committee shall be published in each olume of thethe members of this committee shall be published in each olume of the

official reports.official reports.

Rule '=< "ec. '=. Cisciplinar! measures. ) 0o candidate shallRule '=< "ec. '=. Cisciplinar! measures. ) 0o candidate shall endeaor tondeaor to

influence an! member of the committee

nfluence an! member of the committee , and, and during e8amination theuring e8amination the

candidates shall not communicate with each other

andidates shall not communicate with each other nornor shall the! giehall the! gie

or receie an! assistance.r receie an! assistance. -he candidate who iolates this proision, or-he candidate who iolates this proision, oran! other proision of this rule, shall be barred from the e8amination, andan! other proision of this rule, shall be barred from the e8amination, and

the same to count as a failure against him, and further disciplinar! action,the same to count as a failure against him, and further disciplinar! action,

including permanent disqualification, ma! be ta7en in the discretion of theincluding permanent disqualification, ma! be ta7en in the discretion of the

court.court.

46


47/58



the bar = times

he bar = times

Enrollment and completion of pre)bar reiew course

nrollment and completion of pre)bar reiew course is anis an

additional requirement under Rule '=< of the Rules of ourt foradditional requirement under Rule '=< of the Rules of ourt for

those who failed the bar e8aminations for three G=H or more times. )those who failed the bar e8aminations for three G=H or more times. )

?n re Purisima, 1.9. 0os. 424 and 4


48/58

an an “indefinite suspension” from the

an an “indefinite suspension” from the

practice of law prohibit him from filing a

ractice of law prohibit him from filing a

citiJen or ta8pa!er suit

itiJen or ta8pa!er suit

Petitioner Alan $. Paguia GpetitionerH,Petitioner Alan $. Paguia GpetitionerH, as citiJen and ta8pa!ers citiJen and ta8pa!er ,,filed this original action for the writ of certiorari to inalidatefiled this original action for the writ of certiorari to inalidate

President loria 9acapagal)Arro!o/s nomination of respondentPresident loria 9acapagal)Arro!o/s nomination of respondent

former hief @ustice Dilario . Caide, @r. Grespondent CaideH asformer hief @ustice Dilario . Caide, @r. Grespondent CaideH as

Permanent Representatie to the United 0ations GU0H for iolationPermanent Representatie to the United 0ations GU0H for iolationof "ection %= of Republic Act 0o. 2'*2 GRA 2'*2H, the Philippineof "ection %= of Republic Act 0o. 2'*2 GRA 2'*2H, the Philippine

$oreign "erice Act of '44'.$oreign "erice Act of '44'.

?n their separate omments, respondent Caide, the ffice of the?n their separate omments, respondent Caide, the ffice of the

President, and the "ecretar! of $oreign Affairs GrespondentsH raisePresident, and the "ecretar! of $oreign Affairs GrespondentsH raise

threshold issues against the petition. $irst,threshold issues against the petition. $irst, the! questionhe! questionpetitioner/s standing to bring this suit because of his

etitioner/s standing to bring this suit because of his

indefinite suspension from the practice of law.

ndefinite suspension from the practice of law.

48


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An incapacit! to bring legal actions peculiar to petitioner also An incapacit! to bring legal actions peculiar to petitioner also

obtains. Petitioner/s suspension from the practice of lawobtains. Petitioner/s suspension from the practice of law bars himars him

from performing

rom performing

“an! actiit!, in or out of court, which requires“an! actiit!, in or out of court, which requires

the application of law, legal procedure, 7nowledge, training andthe application of law, legal procedure, 7nowledge, training and

e8perience.” ertainl!, preparing a petition raisinge8perience.” ertainl!, preparing a petition raising carefull!arefull!

crafted arguments on equal protection grounds andrafted arguments on equal protection grounds and

emplo!ing highl! legalistic rules of statutor! construction

mplo!ing highl! legalistic rules of statutor! construction toto

parse "ection %= of RA 2'*2 falls within the proscribed conduct. )parse "ection %= of RA 2'*2 falls within the proscribed conduct. )

Paguia . ffice of the President, .R. 0o. '23%2< 5%&'&6 Paguia . ffice of the President, .R. 0o. '23%2< 5%&'&6

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-he basic question is whether a law student, ma!

he basic question is whether a law student, ma!

appear before an inferior court as an agent or friend

ppear before an inferior court as an agent or friend

of a part! litigant.

f a part! litigant.

?nterpretation, clarification and implementation of "ection =(,?nterpretation, clarification and implementation of "ection =(,

Rule '=< of the Rules of ourt, 1ar 9atter 0o. 2=&, ircular 0o. '4Rule '=< of the Rules of ourt, 1ar 9atter 0o. 2=&, ircular 0o. '4

goerning law student practice and Rule '=


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ule '=<

ule '=<

"E. =(."E. =(. 1! whom litigation is conducted. S ?n the ourt of a1! whom litigation is conducted. S ?n the ourt of a

municipalit! a part! ma! conduct his litigation in person, with themunicipalit! a part! ma! conduct his litigation in person, with the

aid of an agent or friend appointed b! him for that purpose, oraid of an agent or friend appointed b! him for that purpose, or

with the aid of an attorne!. ?n an! other court, a part! ma! conduct with the aid of an attorne!. ?n an! other court, a part! ma! conduct

his litigation personall! or b! aid of an attorne! and hishis litigation personall! or b! aid of an attorne! and his

appearance must be either personal or b! a dul! authoriJedappearance must be either personal or b! a dul! authoriJedmember of the bar.member of the bar.

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ULE '=


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?nterpretation

nterpretation

-here is reall! no problem as to the application of "ection =( of-here is reall! no problem as to the application of "ection =( of

Rule '=< and Rule '=


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+hat are 9unicipal -rial ourts

hat are 9unicipal -rial ourts

-he term N9unicipal -rial ourtsN as used in these Rules shall-he term N9unicipal -rial ourtsN as used in these Rules shall

include 9etropolitan -rial ourts, 9unicipal -rial ourts in ities,include 9etropolitan -rial ourts, 9unicipal -rial ourts in ities,

9unicipal -rial ourts, and 9unicipal ircuit -rial ourts. #9unicipal -rial ourts, and 9unicipal ircuit -rial ourts. # ruJruJ

. 9ina, .R. 0o. '*(%&2 5%&&26 . 9ina, .R. 0o. '*(%&2 5%&&26

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-he complaint is irregular as it was

he complaint is irregular as it was

signed not b! the plaintiff but b! one

igned not b! the plaintiff but b! one

who was not a member of the bar andho was not a member of the bar and

who designated himself merel! as

ho designated himself merel! as

N$riend counsel for the Plaintiff.N

$riend counsel for the Plaintiff.N

Rule 2 "ection =. "ignature and address. S Eer! pleading must beRule 2 "ection =. "ignature and address. S Eer! pleading must besigned b! the part! or counsel representing him, stating in eithersigned b! the part! or counsel representing him, stating in either

case his address which should not be a post office bo8.case his address which should not be a post office bo8.

An unsigned pleading produces no legal effect. 888. An unsigned pleading produces no legal effect. 888.

Under the facts of this case, howeer, the applicable proision isUnder the facts of this case, howeer, the applicable proision is"ection =(, Rule '=< of the Rules of ourt. )"ection =(, Rule '=< of the Rules of ourt. ) 1ulacan . -orcino,1ulacan . -orcino,

.R. 0o. L)((=


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Pro se 5“in oneFs own behalf”6 litigant

ro se 5“in oneFs own behalf”6 litigant

-he Rules are clear. ?n municipal courts, the litigant ma! be assisted-he Rules are clear. ?n municipal courts, the litigant ma! be assistedb! a friend, agent, or an attorne!. Doweer, in cases before theb! a friend, agent, or an attorne!. Doweer, in cases before the

regional trial court, the litigant must be aided b! a dul! authoriJedregional trial court, the litigant must be aided b! a dul! authoriJed

member of the bar. -he rule ino7ed b! the -orcinos applies onl! tomember of the bar. -he rule ino7ed b! the -orcinos applies onl! to

cases filed with the regional trial court and not to cases before acases filed with the regional trial court and not to cases before a

municipal court. )municipal court. ) 1ulacan . -orcino, .R. 0o. L)((=


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-han7 !ou for !our

han7 !ou for !our

attentionTTttentionTT

AA 1. Requirements Before Admission to the Bar or Practice of Law (1)

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Transcript of AA 1. Requirements Before Admission to the Bar or Practice of Law (1)