Professional Documents
Culture Documents
Supreme Court: Duran & Lim For Respondent. Attorney-General Jaranilla and Provincial Fiscal Jose For The Government. 1928
Supreme Court: Duran & Lim For Respondent. Attorney-General Jaranilla and Provincial Fiscal Jose For The Government. 1928
Engaging in the practice of law is a qualification not 1.15.1. Respondent Monsod's 8. 1989-1991: The Fact-Finding
only for COMELEC chairman but also for activities since his passing the Bar Commission on the December 1989
appointment to the Supreme Court and all lower examinations in 1961 consist of the Coup Attempt Member
courts. What kind of Judges or Justices will we have following:
if there main occupation is selling real estate, 9. Presently: Chairman of the
managing a business corporation, serving in fact- 1. 1961-1963: M.A. in Economics Board and Chief Executive Officer
finding committee, working in media, or operating a (Ph. D. candidate), University of of the following companies:
farm with no active involvement in the law, whether Pennsylvania
in Government or private practice, except that in one a. ACE Container Philippines, Inc.
joyful moment in the distant past, they happened to 2. 1963-1970: World Bank Group
pass the bar examinations? Economist, Industry b. Dataprep, Philippines
Department; Operations, Latin
The Constitution uses the phrase "engaged in the American Department; Division c. Philippine SUNsystems
practice of law for at least ten years." The deliberate Chief, South Asia and Middle East, Products, Inc.
choice of words shows that the practice envisioned is International Finance Corporation
active and regular, not isolated, occasional, d. Semirara Coal Corporation
accidental, intermittent, incidental, seasonal, or 3. 1970-1973: Meralco Group
extemporaneous. To be "engaged" in an activity for Executive of various companies, e. CBL Timber Corporation
ten years requires committed participation in i.e., Meralco Securities
something which is the result of one's decisive Corporation, Philippine Petroleum Member of the Board of the
choice. It means that one is occupied and involved in Corporation, Philippine Electric Following:
the enterprise; one is obliged or pledged to carry it Corporation
out with intent and attention during the ten-year
a. Engineering Construction
period.
Corporation of the Philippines
b. First Philippine Energy The deliberations before the Commission on be carefully determined. People ex
Corporation Appointments show an effort to equate "engaged in rel. Chicago Bar Ass'n v. Tinkoff,
the practice of law" with the use of legal knowledge 399 Ill. 282, 77 N.E.2d 693; People
c. First Philippine Holdings in various fields of endeavor such as commerce, ex rel. Illinois State Bar Ass'n v.
Corporation industry, civic work, blue ribbon investigations, People's Stock Yards State Bank,
agrarian reform, etc. where such knowledge would be 344 Ill. 462,176 N.E. 901, and
d. First Philippine Industrial helpful. cases cited.
Corporation
I regret that I cannot join in playing fast and loose It would be difficult, if not
e. Graphic Atelier with a term, which even an ordinary layman accepts impossible to lay down a formula
as having a familiar and customary well-defined or definition of what constitutes the
f. Manila Electric Company meaning. Every resident of this country who has practice of law. "Practicing law"
reached the age of discernment has to know, follow, has been defined as "Practicing as
g. Philippine Commercial Capital, or apply the law at various times in his life. Legal an attorney or counselor at law
Inc. knowledge is useful if not necessary for the business according to the laws and customs
executive, legislator, mayor, barangay captain, of our courts, is the giving of
h. Philippine Electric Corporation teacher, policeman, farmer, fisherman, market advice or rendition of any sort of
vendor, and student to name only a few. And yet, can service by any person, firm or
i. Tarlac Reforestation and these people honestly assert that as such, they are corporation when the giving of
Environment Enterprises engaged in the practice of law? such advice or rendition of such
service requires the use of any
The Constitution requires having been "engaged in degree of legal knowledge or skill."
j. Tolong Aquaculture Corporation
the practice of law for at least ten years." It is not Without adopting that definition,
satisfied with having been "a member of the we referred to it as being
k. Visayan Aquaculture
Philippine bar for at least ten years." substantially correct in People ex
Corporation
rel. Illinois State Bar Ass'n v.
Some American courts have defined the practice of People's Stock Yards State Bank,
l. Guimaras Aquaculture
law, as follows: 344 Ill. 462,176 N.E. 901. (People
Corporation (Rollo, pp. 21-22)
v. Schafer, 87 N.E. 2d 773, 776)
The practice of law involves not
There is nothing in the above bio-data which even
only appearance in court in For one's actions to come within the purview
remotely indicates that respondent Monsod has
connection with litigation but also of practice of law they should not only be activities
given the lawenough attention or a certain degree of
services rendered out of court, and peculiar to the work of a lawyer, they should also be
commitment and participation as would support in all
it includes the giving of advice or performed, habitually, frequently or customarily, to
sincerity and candor the claim of having engaged in
the rendering of any services wit:
its practice for at least ten years. Instead of working
requiring the use of legal skill or
as a lawyer, he has lawyers working for him. Instead
knowledge, such as preparing a xxx xxx xxx
of giving receiving that legal advice of legal services,
will, contract or other instrument,
he was the oneadvice and those services as an
the legal effect of which, under the Respondent's answers to questions
executive but not as a lawyer.
facts and conditions involved, must propounded to him were rather
evasive. He was asked whether or work in connection with real-estate business; (4) to keep his secrets
not he ever prepared contracts for transactions, especially in drawing confided to him as such. ... His
the parties in real-estate of real-estate contracts, deeds, rights are to be justly compensated
transactions where he was not the mortgages, notes and the like. for his services." Bouv. Law Dict.
procuring agent. He answered: There is no doubt but that he has tit. "Attorney." The transitive verb
"Very seldom." In answer to the engaged in these practices over the "practice," as defined by Webster,
question as to how many times he years and has charged for his means 'to do or perform frequently,
had prepared contracts for the services in that connection. ... customarily, or habitually; to
parties during the twenty-one years (People v. Schafer, 87 N.E. 2d 773) perform by a succession of acts, as,
of his business, he said: "I have no to practice gaming, ... to carry on
Idea." When asked if it would be xxx xxx xxx in practice, or repeated action; to
more than half a dozen times his apply, as a theory, to real life; to
answer was I suppose. Asked if he ... An attorney, in the most general exercise, as a profession, trade, art.
did not recall making the statement sense, is a person designated or etc.; as, to practice law or
to several parties that he had employed by another to act in his medicine,' etc...." (State v. Bryan,
prepared contracts in a large stead; an agent; more especially, S.E. 522, 523; Emphasis supplied)
number of instances, he answered: one of a class of persons authorized
"I don't recall exactly what was to appear and act for suitors or In this jurisdiction, we have ruled that the practice of
said." When asked if he did not defendants in legal proceedings. law denotes frequency or a succession of acts. Thus,
remember saying that he had made Strictly, these professional persons we stated in the case of People v. Villanueva (14
a practice of preparing deeds, are attorneys at law, and non- SCRA 109 [1965]):
mortgages and contracts and professional agents are properly
charging a fee to the parties styled "attorney's in fact;" but the xxx xxx xxx
therefor in instances where he was single word is much used as
not the broker in the deal, he meaning an attorney at law. A ... Practice is more than an isolated appearance, for it
answered: "Well, I don't believe so, person may be an attorney in facto consists in frequent or customary actions, a
that is not a practice." Pressed for another, without being an succession of acts of the same kind. In other words, it
further for an answer as to his attorney at law. Abb. Law Dict. is frequent habitual exercise (State v. Cotner, 127, p.
practice in preparing contracts and "Attorney." A public attorney, or 1, 87 Kan. 864, 42 LRA, M.S. 768). Practice of law
deeds for parties where he was not attorney at law, says Webster, is an to fall within the prohibition of statute has been
the broker, he finally answered: "I officer of a court of law, legally interpreted as customarily or habitually holding one's
have done about everything that is qualified to prosecute and defend self out to the public, as a lawyer and demanding
on the books as far as real estate is actions in such court on payment for such services. ... . (at p. 112)
concerned." the retainerof clients. "The
principal duties of an attorney are It is to be noted that the Commission on Appointment
xxx xxx xxx (1) to be true to the court and to his itself recognizes habituality as a required component
client; (2) to manage the business of the meaning of practice of law in a Memorandum
Respondent takes the position that of his client with care, skill, and prepared and issued by it, to wit:
because he is a real-estate broker he integrity; (3) to keep his client
has a lawful right to do any legal informed as to the state of his
l. Habituality. The term 'practice of Monsod while a member may be likened to isolated
law' implies customarilyor transactions of foreign corporations in the Philippines
habitually holding one's self out to which do not categorize the foreign corporations as
the public as a lawyer (People v. doing business in the Philippines. As in the practice
Villanueva, 14 SCRA 109 citing of law, doing business also should be active and
State v. Bryan, 4 S.E. 522, 98 N.C. continuous. Isolated business transactions or
644) such as when one sends a occasional, incidental and casual transactions are not
circular announcing the within the context of doing business. This was our
establishment of a law office for ruling in the case of Antam Consolidated, Inc. v.
the general practice of law (U.S. v. Court of appeals, 143 SCRA 288 [1986]).
Noy Bosque, 8 Phil. 146), or when
one takes the oath of office as a Respondent Monsod, corporate executive, civic
lawyer before a notary public, and leader, and member of the Constitutional
files a manifestation with the Commission may possess the background,
Supreme Court informing it of his competence, integrity, and dedication, to qualify for
intention to practice law in all such high offices as President, Vice-President,
courts in the country (People v. De Senator, Congressman or Governor but the
Luna, 102 Phil. 968). Constitution in prescribing the specific qualification
of having engaged in the practice of law for at least
Practice is more than an isolated ten (10) years for the position of COMELEC
appearance, for it consists in Chairman has ordered that he may not be confirmed
frequent or customary action, a for that office. The Constitution charges the public
succession of acts of the same kind. respondents no less than this Court to obey its
In other words, it is a habitual mandate.
exercise (People v. Villanueva, 14
SCRA 1 09 citing State v. Cotner, 1 I, therefore, believe that the Commission on
27, p. 1, 87 Kan, 864)." (Rollo, p. Appointments committed grave abuse of discretion in
115) confirming the nomination of respondent Monsod as
Chairman of the COMELEC.
xxx xxx xxx
I vote to GRANT the petition.
While the career as a businessman of respondent
Monsod may have profited from his legal knowledge, Bidin, J., dissent
the use of such legal knowledge is incidental and
consists of isolated activities which do not fall under
the denomination of practice of law. Admission to the
practice of law was not required for membership in
the Constitutional Commission or in the Fact-Finding
Commission on the 1989 Coup Attempt. Any specific
legal activities which may have been assigned to Mr.
Republic of the Philippines THE Please call: 521-0767 LEGAL offended by the said advertisements, hence the reliefs
SUPREME COURT 5217232, 5222041 CLINIC, INC. sought in his petition as hereinbefore quoted.
Manila 8:30 am 6:00 pm 7-Flr. Victoria
Bldg., UN Ave., Mla. In its answer to the petition, respondent admits the
EN BANC fact of publication of said advertisement at its
Annex B instance, but claims that it is not engaged in the
practice of law but in the rendering of "legal support
GUAM DIVORCE. services" through paralegals with the use of modern
Bar Matter No. 553 June 17, 1993 computers and electronic machines. Respondent
DON PARKINSON further argues that assuming that the services
MAURICIO C. ULEP, petitioner, advertised are legal services, the act of advertising
vs. an Attorney in Guam, is giving these services should be allowed supposedly
THE LEGAL CLINIC, INC., respondent. FREE BOOKS on Guam Divorce in the light of the case of John R. Bates and Van
through The Legal Clinic beginning O'Steen vs. State Bar of Arizona, 2 reportedly decided
R E SO L U T I O N Monday to Friday during office by the United States Supreme Court on June 7, 1977.
hours.
Considering the critical implications on the legal
Guam divorce. Annulment of profession of the issues raised herein, we required the
REGALADO, J.: Marriage. Immigration Problems, (1) Integrated Bar of the Philippines (IBP), (2)
Visa Ext. Quota/Non-quota Res. & Philippine Bar Association (PBA), (3) Philippine
Petitioner prays this Court "to order the respondent to Special Retiree's Visa. Declaration Lawyers' Association (PLA), (4) U.P. Womens
cease and desist from issuing advertisements similar of Absence. Remarriage to Filipina Lawyers' Circle (WILOCI), (5) Women Lawyers
to or of the same tenor as that of annexes "A" and Fiancees. Adoption. Investment in Association of the Philippines (WLAP), and (6)
"B" (of said petition) and to perpetually prohibit the Phil. US/Foreign Visa for Federacion International de Abogadas (FIDA) to
persons or entities from making advertisements Filipina Spouse/Children. Call submit their respective position papers on the
pertaining to the exercise of the law profession other Marivic. controversy and, thereafter, their memoranda. 3 The
than those allowed by law." said bar associations readily responded and extended
THE 7F Victoria Bldg. 429 UN their valuable services and cooperation of which this
Ave., LEGAL Ermita, Manila nr. Court takes note with appreciation and gratitude.
The advertisements complained of by herein
petitioner are as follows: US Embassy CLINIC, INC. 1 Tel.
521-7232; 521-7251; 522-2041; The main issues posed for resolution before the Court
521-0767 are whether or not the services offered by respondent,
Annex A
The Legal Clinic, Inc., as advertised by it constitutes
It is the submission of petitioner that the practice of law and, in either case, whether the same
SECRET MARRIAGE?
advertisements above reproduced are champterous, can properly be the subject of the advertisements
P560.00 for a valid marriage.
unethical, demeaning of the law profession, and herein complained of.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA. destructive of the confidence of the community in the
integrity of the members of the bar and that, as a Before proceeding with an in-depth analysis of the
member of the legal profession, he is ashamed and merits of this case, we deem it proper and
enlightening to present hereunder excerpts from the it is alright to advertise one's legal traced, first of all, to the very name
respective position papers adopted by the services). being used by respondent "The
aforementioned bar associations and the memoranda Legal Clinic, Inc." Such a name, it
submitted by them on the issues involved in this bar The IBP accordingly declares in no is respectfully submitted connotes
matter. uncertain terms its opposition to the rendering of legal services for
respondent's act of establishing a legal problems, just like a medical
1. Integrated Bar of the "legal clinic" and of concomitantly clinic connotes medical services for
Philippines: advertising the same through medical problems. More
newspaper publications. importantly, the term "Legal
xxx xxx xxx Clinic" connotes lawyers, as the
The IBP would therefore invoke the term medical clinic connotes
Notwithstanding the subtle manner administrative supervision of this doctors.
by which respondent endeavored to Honorable Court to perpetually
distinguish the two terms, i.e., restrain respondent from Furthermore, the respondent's
"legal support services" vis-a- undertaking highly unethical name, as published in the
vis "legal services", common sense activities in the field of law practice advertisements subject of the
would readily dictate that the same as aforedescribed. 4 present case, appears with (the)
are essentially without substantial scale(s) of justice, which all the
distinction. For who could deny xxx xxx xxx more reinforces the impression that
that document search, evidence it is being operated by members of
gathering, assistance to layman in A. The use of the name "The Legal the bar and that it offers legal
need of basic institutional services Clinic, Inc." gives the impression services. In addition, the
from government or non- that respondent corporation is being advertisements in question appear
government agencies like birth, operated by lawyers and that it with a picture and name of a person
marriage, property, or business renders legal services. being represented as a lawyer from
registration, obtaining documents Guam, and this practically removes
like clearance, passports, local or While the respondent repeatedly whatever doubt may still remain as
foreign visas, constitutes practice denies that it offers legal services to to the nature of the service or
of law? the public, the advertisements in services being offered.
question give the impression that
xxx xxx xxx respondent is offering legal It thus becomes irrelevant whether
services. The Petition in fact simply respondent is merely offering "legal
The Integrated Bar of the assumes this to be so, as earlier support services" as claimed by it,
Philippines (IBP) does not wish to mentioned, apparently because this or whether it offers legal services
make issue with respondent's (is) the effect that the as any lawyer actively engaged in
foreign citations. Suffice it to state advertisements have on the reading law practice does. And it becomes
that the IBP has made its position public. unnecessary to make a distinction
manifest, to wit, that it strongly between "legal services" and "legal
opposes the view espoused by The impression created by the support services," as the respondent
respondent (to the effect that today advertisements in question can be would have it. The advertisements
in question leave no room for doubt capacity to By simply reading the questioned
in the minds of the reading public remarry under advertisements, it is obvious that
that legal services are being offered Philippine Law. the message being conveyed is that
by lawyers, whether true or not. Filipinos can avoid the legal
It must not be forgotten, too, that consequences of a marriage
B. The advertisements in question the Family Code (defines) a celebrated in accordance with our
are meant to induce the marriage as follows: law, by simply going to Guam for a
performance of acts contrary to divorce. This is not only
law, morals, public order and Article 1. misleading, but encourages, or
public policy. Marriage serves to induce, violation of
is special Philippine law. At the very least,
It may be conceded that, as the contract of this can be considered "the dark
respondent claims, the permanent side" of legal practice, where
advertisements in question are only union between a certain defects in Philippine laws
meant to inform the general public man and woman are exploited for the sake of profit.
of the services being offered by it. entered into At worst, this is outright
Said advertisements, however, accordance with malpractice.
emphasize to Guam divorce, and law for the
any law student ought to know that establishment of Rule 1.02. A
under the Family Code, there is conjugal and lawyer shall not
only one instance when a foreign family life. It is counsel or abet
divorce is recognized, and that is: the foundation of activities aimed
the family and an at defiance of the
Article 26. . . . inviolable social law or at
institution whose lessening
Where a marriage nature, confidence in the
between a consequences, legal system.
Filipino citizen and incidents are
and a foreigner is governed by law In addition, it may also be relevant
validly celebrated and not subject to to point out that advertisements
and a divorce is stipulation, such as that shown in Annex "A" of
thereafter validly except that the Petition, which contains a
obtained abroad marriage cartoon of a motor vehicle with the
by the alien settlements may words "Just Married" on its bumper
spouse fix the property and seems to address those
capacitating him relation during planning a "secret marriage," if not
or her to the marriage suggesting a "secret marriage,"
remarry, the within the limits makes light of the "special contract
Filipino spouse provided by this of permanent union," the inviolable
shall have Code. social institution," which is how the
Family Code describes marriage, encouraging or inducing the other fields, such as computer
obviously to emphasize its sanctity performance of acts which are experts, who by reason of their
and inviolability. Worse, this contrary to law, morals, good having devoted time and effort
particular advertisement appears to customs and the public good, exclusively to such field cannot
encourage marriages celebrated in thereby destroying and demeaning fulfill the exacting requirements for
secrecy, which is suggestive of the integrity of the Bar. admission to the Bar. To prohibit
immoral publication of applications them from "encroaching" upon the
for a marriage license. xxx xxx xxx legal profession will deny the
profession of the great benefits and
If the article "Rx for Legal It is respectfully submitted that advantages of modern technology.
Problems" is to be reviewed, it can respondent should be enjoined from Indeed, a lawyer using a computer
readily be concluded that the above causing the publication of the will be doing better than a lawyer
impressions one may gather from advertisements in question, or any using a typewriter, even if both are
the advertisements in question are other advertisements similar (equal) in skill.
accurate. The Sharon Cuneta- thereto. It is also submitted that
Gabby Concepcion example alone respondent should be prohibited Both the Bench and the Bar,
confirms what the advertisements from further performing or offering however, should be careful not to
suggest. Here it can be seen that some of the services it presently allow or tolerate the illegal practice
criminal acts are being encouraged offers, or, at the very least, from of law in any form, not only for the
or committed offering such services to the public protection of members of the Bar
(a bigamous marriage in Hong in general. but also, and more importantly, for
Kong or Las Vegas) with impunity the protection of the public.
simply because the jurisdiction of The IBP is aware of the fact that Technological development in the
Philippine courts does not extend to providing computerized legal profession may be encouraged
the place where the crime is research, electronic data gathering, without tolerating, but instead
committed. storage and retrieval, standardized ensuring prevention of illegal
legal forms, investigators for practice.
Even if it be assumed, arguendo, gathering of evidence, and like
(that) the "legal support services" services will greatly benefit the There might be nothing
respondent offers do not constitute legal profession and should not be objectionable if respondent is
legal services as commonly stifled but instead encouraged. allowed to perform all of its
understood, the advertisements in However, when the conduct of such services, but only if such services
question give the impression that business by non-members of the are made available exclusively to
respondent corporation is being Bar encroaches upon the practice of members of the Bench and Bar.
operated by lawyers and that it law, there can be no choice but to Respondent would then be offering
offers legal services, as earlier prohibit such business. technical assistance, not legal
discussed. Thus, the only logical services. Alternatively, the more
consequence is that, in the eyes of Admittedly, many of the services difficult task of carefully
an ordinary newspaper reader, involved in the case at bar can be distinguishing between which
members of the bar themselves are better performed by specialists in service may be offered to the public
in general and which should be The benefits of being assisted by Supreme Court. For respondent to
made available exclusively to paralegals cannot be ignored. But say that it is merely engaged in
members of the Bar may be nobody should be allowed to paralegal work is to stretch
undertaken. This, however, may represent himself as a "paralegal" credulity. Respondent's own
require further proceedings because for profit, without such term being commercial advertisement which
of the factual considerations clearly defined by rule or announces a certain Atty. Don
involved. regulation, and without any Parkinson to be handling the fields
adequate and effective means of of law belies its pretense. From all
It must be emphasized, however, regulating his activities. Also, law indications, respondent "The Legal
that some of respondent's services practice in a corporate form may Clinic, Inc." is offering and
ought to be prohibited outright, prove to be advantageous to the rendering legal services through its
such as acts which tend to suggest legal profession, but before reserve of lawyers. It has been held
or induce celebration abroad of allowance of such practice may be that the practice of law is not
marriages which are bigamous or considered, the corporation's limited to the conduct of cases in
otherwise illegal and void under Article of Incorporation and By- court, but includes drawing of
Philippine law. While respondent laws must conform to each and deeds, incorporation, rendering
may not be prohibited from simply every provision of the Code of opinions, and advising clients as to
disseminating information Professional Responsibility and the their legal right and then take them
regarding such matters, it must be Rules of Court. 5 to an attorney and ask the latter to
required to include, in the look after their case in court See
information given, a disclaimer that 2. Philippine Bar Association: Martin, Legal and Judicial Ethics,
it is not authorized to practice law, 1984 ed., p. 39).
that certain course of action may be xxx xxx xxx.
illegal under Philippine law, that it It is apt to recall that only natural
is not authorized or capable of Respondent asserts that it "is not persons can engage in the practice
rendering a legal opinion, that a engaged in the practice of law but of law, and such limitation cannot
lawyer should be consulted before engaged in giving legal support be evaded by
deciding on which course of action services to lawyers and laymen, a corporation employing
to take, and that it cannot through experienced paralegals, competent lawyers to practice for
recommend any particular lawyer with the use of modern computers it. Obviously, this is the scheme or
without subjecting itself to possible and electronic machines" (pars. 2 device by which respondent "The
sanctions for illegal practice of law. and 3, Comment). This is absurd. Legal Clinic, Inc." holds out itself
Unquestionably, respondent's acts to the public and solicits
If respondent is allowed to of holding out itself to the public employment of its legal services. It
advertise, advertising should be under the trade name "The Legal is an odious vehicle for deception,
directed exclusively at members of Clinic, Inc.," and soliciting especially so when the public
the Bar, with a clear and employment for its enumerated cannot ventilate any grievance
unmistakable disclaimer that it is services fall within the realm of a for malpractice against the business
not authorized to practice law or practice which thus yields itself to conduit. Precisely, the limitation of
perform legal services. the regulatory powers of the practice of law to persons who have
been duly admitted as members of officers for its unauthorized call for legal training, knowledge
the Bar (Sec. 1, Rule 138, Revised practice of law and for its and experience.
Rules of Court) is to subject the unethical, misleading and immoral
members to the discipline of the advertising. Applying the test laid down by the
Supreme Court. Although Court in the aforecited Agrava
respondent uses its business name, xxx xxx xxx Case, the activities of respondent
the persons and the lawyers who fall squarely and are embraced in
act for it are subject to court Respondent posits that is it not what lawyers and laymen equally
discipline. The practice of law is engaged in the practice of law. It term as "the practice of law." 7
not a profession open to all who claims that it merely renders "legal
wish to engage in it nor can it be support services" to answers, 4. U.P. Women Lawyers' Circle:
assigned to another (See 5 Am. Jur. litigants and the general public as
270). It is a personal right limited enunciated in the Primary Purpose In resolving, the issues before this
to persons who have qualified Clause of its Article(s) of Honorable Court, paramount
themselves under the law. It Incorporation. (See pages 2 to 5 of consideration should be given to
follows that not only respondent Respondent's Comment). But its the protection of the general public
but also all the persons who are advertised services, as enumerated from the danger of being exploited
acting for respondent are the above, clearly and convincingly by unqualified persons or entities
persons engaged in unethical law show that it is indeed engaged in who may be engaged in the practice
practice. 6 law practice, albeit outside of court. of law.
3. Philippine Lawyers' Association: As advertised, it offers the general At present, becoming a lawyer
public its advisory services on requires one to take a rigorous four-
The Philippine Lawyers' Persons and Family Relations Law, year course of study on top of a
Association's position, in answer to particularly regarding foreign four-year bachelor of arts or
the issues stated herein, are wit: divorces, annulment of marriages, sciences course and then to take
secret marriages, absence and and pass the bar examinations.
1. The Legal Clinic is engaged in adoption; Immigration Laws, Only then, is a lawyer qualified to
the practice of law; particularly on visa related practice law.
problems, immigration problems;
2. Such practice is unauthorized; the Investments Law of the While the use of a paralegal is
Philippines and such other related sanctioned in many jurisdiction as
3. The advertisements complained laws. an aid to the administration of
of are not only unethical, but also justice, there are in those
misleading and patently immoral; Its advertised services jurisdictions, courses of study
and unmistakably require the and/or standards which would
application of the aforesaid law, the qualify these paralegals to deal
4. The Honorable Supreme Court legal principles and procedures with the general public as such.
has the power to supress and punish related thereto, the legal advices While it may now be the opportune
the Legal Clinic and its corporate based thereon and which activities time to establish these courses of
study and/or standards, the fact services. The Respondent's name announces that the Legal Clinic,
remains that at present, these do not The Legal Clinic, Inc. does Inc., could work out/cause the
exist in the Philippines. In the not help matters. It gives the celebration of a secret marriage
meantime, this Honorable Court impression again that Respondent which is not only illegal but
may decide to make measures to will or can cure the legal problems immoral in this country. While it is
protect the general public from brought to them. Assuming that advertised that one has to go to said
being exploited by those who may Respondent is, as claimed, staffed agency and pay P560 for a valid
be dealing with the general public purely by paralegals, it also gives marriage it is certainly fooling the
in the guise of being "paralegals" the misleading impression that public for valid marriages in the
without being qualified to do so. there are lawyers involved in The Philippines are solemnized only by
Legal Clinic, Inc., as there are officers authorized to do so under
In the same manner, the general doctors in any medical clinic, when the law. And to employ an agency
public should also be protected only "paralegals" are involved in for said purpose of contracting
from the dangers which may be The Legal Clinic, Inc. marriage is not necessary.
brought about by advertising of
legal services. While it appears that Respondent's allegations are further No amount of reasoning that in the
lawyers are prohibited under the belied by the very admissions of its USA, Canada and other countries
present Code of Professional President and majority stockholder, the trend is towards allowing
Responsibility from advertising, it Atty. Nogales, who gave an insight lawyers to advertise their special
appears in the instant case that legal on the structure and main purpose skills to enable people to obtain
services are being advertised not by of Respondent corporation in the from qualified practitioners legal
lawyers but by an entity staffed by aforementioned "Starweek" services for their particular needs
"paralegals." Clearly, measures article." 9 can justify the use of
should be taken to protect the advertisements such as are the
general public from falling prey to 5. Women Lawyer's Association of subject matter of the petition, for
those who advertise legal services the Philippines: one (cannot) justify an illegal act
without being qualified to offer even by whatever merit the illegal
such services. 8 Annexes "A" and "B" of the act may serve. The law has yet to
petition are clearly advertisements be amended so that such act could
A perusal of the questioned to solicit cases for the purpose of become justifiable.
advertisements of Respondent, gain which, as provided for under
however, seems to give the the above cited law, (are) illegal We submit further that these
impression that information and against the Code of advertisements that seem to project
regarding validity of marriages, Professional Responsibility of that secret marriages and divorce
divorce, annulment of marriage, lawyers in this country. are possible in this country for a
immigration, visa extensions, fee, when in fact it is not so, are
declaration of absence, adoption Annex "A" of the petition is not highly reprehensible.
and foreign investment, which are only illegal in that it is an
in essence, legal matters , will be advertisement to solicit cases, but it It would encourage people to
given to them if they avail of its is illegal in that in bold letters it consult this clinic about how they
could go about having a secret practice of law) involves profession. A good
marriage here, when it cannot nor knowledge of the law does not example is the architect,
should ever be attempted, and seek necessarily make respondent guilty who must be familiar with
advice on divorce, where in this of unlawful practice of law. zoning, building and fire
country there is none, except under prevention codes, factory
the Code of Muslim Personal Laws . . . . Of necessity, no one . and tenement house
in the Philippines. It is also against . . . acting as a consultant statutes, and who draws
good morals and is deceitful can render effective plans and specification in
because it falsely represents to the service unless he is harmony with the law.
public to be able to do that which familiar with such statutes This is not practicing law.
by our laws cannot be done (and) and regulations. He must
by our Code of Morals should not be careful not to suggest a But suppose the architect,
be done. course of conduct which asked by his client to omit
the law forbids. It a fire tower, replies that it
In the case (of) In re Taguda, 53 seems . . . .clear that (the is required by the statute.
Phil. 37, the Supreme Court held consultant's) knowledge of Or the industrial relations
that solicitation for clients by an the law, and his use of that expert cites, in support of
attorney by circulars of knowledge as a factor in some measure that he
advertisements, is unprofessional, determining what recommends, a decision of
and offenses of this character measures he shall the National Labor
justify permanent elimination from recommend, do not Relations Board. Are they
the Bar. 10 constitute the practice of practicing law? In my
law . . . . It is not only opinion, they are not,
6. Federacion Internacional de presumed that all men provided no separate fee is
Abogados: know the law, but it is a charged for the legal
fact that most men have advice or information, and
xxx xxx xxx considerable acquaintance the legal question is
with broad features of the subordinate and incidental
1.7 That entities admittedly not law . . . . Our knowledge to a major non-legal
engaged in the practice of law, such of the law accurate or problem.
as management consultancy firms inaccurate moulds our
or travel agencies, whether run by conduct not only when we It is largely a matter of
lawyers or not, perform the services are acting for ourselves, degree and of custom.
rendered by Respondent does not but when we are serving
necessarily lead to the conclusion others. Bankers, liquor If it were usual for one
that Respondent is not unlawfully dealers and laymen intending to erect a
practicing law. In the same vein, generally possess rather building on his land to
however, the fact that the business precise knowledge of the engage a lawyer to advise
of respondent (assuming it can be laws touching their him and the architect in
engaged in independently of the particular business or respect to the building
code and the like, then an which appropriate courses The law only provides the
architect who performed are offered by our leading frame within which he
this function would universities. The court must work, just as the
probably be considered to should be very cautious zoning code limits the
be trespassing on territory about declaring [that] a kind of building the limits
reserved for licensed widespread, well- the kind of building the
attorneys. Likewise, if the established method of architect may plan. The
industrial relations field conducting business is incidental legal advice or
had been pre-empted by unlawful, or that the information defendant
lawyers, or custom placed considerable class of men may give, does not
a lawyer always at the who customarily perform transform his activities
elbow of the lay personnel a certain function have no into the practice of law.
man. But this is not the right to do so, or that the Let me add that if, even as
case. The most important technical education given a minor feature of his
body of the industrial by our schools cannot be work, he performed
relations experts are the used by the graduates in services which are
officers and business their business. customarily reserved to
agents of the labor unions members of the bar, he
and few of them are In determining whether a would be practicing
lawyers. Among the larger man is practicing law, we law. For instance, if as part
corporate employers, it should consider his work of a welfare program, he
has been the practice for for any particular client drew employees' wills.
some years to delegate or customer, as a whole. I
special responsibility in can imagine defendant Another branch of
employee matters to a being engaged primarily defendant's work is the
management group chosen to advise as to the law representations of the
for their practical defining his client's employer in the
knowledge and skill in obligations to his adjustment of grievances
such matter, and without employees, to guide his and in collective
regard to legal thinking or client's obligations to his bargaining, with or
lack of it. More recently, employees, to guide his without a mediator. This is
consultants like the client along the path not per se the practice of
defendants have the same charted by law. This, of law. Anyone may use an
service that the larger course, would be the agent for negotiations and
employers get from their practice of the law. But may select an agent
own specialized staff. such is not the fact in the particularly skilled in the
case before me. subject under discussion,
The handling of industrial Defendant's primarily and the person appointed
relations is growing into a efforts are along economic is free to accept the
recognized profession for and psychological lines. employment whether or
not he is a member of the government, acting by (a) The legal question is
bar. Here, however, there virtue of an authority subordinate and incidental to a
may be an exception granted by the Congress, major non-legal problem;.
where the business turns may regulate the
on a question of law. Most representation of parties (b) The services performed are not
real estate sales are before such agency. The customarily reserved to members of
negotiated by brokers who State of New Jersey is the bar; .
are not lawyers. But if the without power to interfere
value of the land depends with such determination or (c) No separate fee is charged for
on a disputed right-of-way to forbid representation the legal advice or information.
and the principal role of before the agency by one
the negotiator is to assess whom the agency admits. All these must be considered in
the probable outcome of The rules of the National relation to the work for any
the dispute and persuade Labor Relations Board particular client as a whole.
the opposite party to the give to a party the right to
same opinion, then it may appear in person, or by 1.9. If the person involved is both
be that only a lawyer can counsel, or by other lawyer and non-lawyer, the Code of
accept the assignment. Or representative. Rules and Professional Responsibility
if a controversy between Regulations, September succintly states the rule of conduct:
an employer and his men 11th, 1946, S. 203.31.
grows from differing 'Counsel' here means a Rule 15.08 A lawyer who is
interpretations of a licensed attorney, and ther engaged in another profession or
contract, or of a statute, it representative' one not a occupation concurrently with the
is quite likely that lawyer. In this phase of his practice of law shall make clear to
defendant should not work, defendant may his client whether he is acting as a
handle it. But I need not lawfully do whatever the lawyer or in another capacity.
reach a definite conclusion Labor Board allows, even
here, since the situation is arguing questions purely 1.10. In the present case. the Legal
not presented by the legal. (Auerbacher v. Clinic appears to render wedding
proofs. Wood, 53 A. 2d 800, cited services (See Annex "A" Petition).
in Statsky, Introduction to Services on routine, straightforward
Defendant also appears to Paralegalism [1974], at marriages, like securing a marriage
represent the employer pp. 154-156.). license, and making arrangements
before administrative with a priest or a judge, may not
agencies of the federal 1.8 From the foregoing, it can be constitute practice of law. However,
government, especially said that a person engaged in a if the problem is as complicated as
before trial examiners of lawful calling (which may involve that described in "Rx for Legal
the National Labor knowledge of the law) is not Problems" on the Sharon Cuneta-
Relations Board. An engaged in the practice of law Gabby Concepcion-Richard Gomez
agency of the federal provided that: case, then what may be involved is
actually the practice of law. If a this. . . . . Apparently it is identified person in a
non-lawyer, such as the Legal urged that the conjoining particular situation in
Clinic, renders such services then it of these two, that is, the their publication and sale
is engaged in the unauthorized text and the forms, with of the kits, such
practice of law. advice as to how the forms publication and sale did
should be filled out, not constitutes the
1.11. The Legal Clinic also appears constitutes the unlawful unlawful practice of law . .
to give information on divorce, practice of law. But that is . . There being no legal
absence, annulment of marriage the situation with many impediment under the
and visas (See Annexes "A" and approved and accepted statute to the sale of the
"B" Petition). Purely giving texts. Dacey's book is sold kit, there was no proper
informational materials may not to the public at basis for the injunction
constitute of law. The business is large. There is no personal against defendant
similar to that of a bookstore where contact or relationship maintaining an office for
the customer buys materials on the with a particular the purpose of selling to
subject and determines on the individual. Nor does there persons seeking a divorce,
subject and determines by himself exist that relation of separation, annulment or
what courses of action to take. confidence and trust so separation agreement any
necessary to the status of printed material or
It is not entirely improbable, attorney and client. THIS writings relating to
however, that aside from purely IS THE ESSENTIAL OF matrimonial law or the
giving information, the Legal LEGAL PRACTICE prohibition in the
Clinic's paralegals may apply the THE REPRESENTATION memorandum of
law to the particular problem of the AND ADVISING OF A modification of the
client, and give legal advice. Such PARTICULAR PERSON judgment against
would constitute unauthorized IN A PARTICULAR defendant having an
practice of law. SITUATION. At most the interest in any publishing
book assumes to offer house publishing his
It cannot be claimed that general advice on manuscript on divorce and
the publication of a legal common problems, and against his having any
text which publication of a does not purport to give personal contact with any
legal text which purports personal advice on a prospective purchaser. The
to say what the law is specific problem peculiar record does fully support,
amount to legal practice. to a designated or readily however, the finding that
And the mere fact that the identified person. for the change of $75 or
principles or rules stated Similarly the defendant's $100 for the kit, the
in the text may be publication does not defendant gave legal
accepted by a particular purport to give personal advice in the course of
reader as a solution to his advice on a specific personal contacts
problem does not affect problem peculiar to a concerning particular
designated or readily problems which might
arise in the preparation 2.10. Annex "A" may be ethically and the preparation of legal instruments and contract
and presentation of the objectionable in that it can give the by which legal rights are secured, although such
purchaser's asserted impression (or perpetuate the matter may or may not be pending in a court. 13
matrimonial cause of wrong notion) that there is a secret
action or pursuit of other marriage. With all the solemnities, In the practice of his profession, a licensed attorney
legal remedies and formalities and other requisites of at law generally engages in three principal types of
assistance in the marriages (See Articles 2, et seq., professional activity: legal advice and instructions to
preparation of necessary Family Code), no Philippine clients to inform them of their rights and obligations,
documents (The injunction marriage can be secret. preparation for clients of documents requiring
therefore sought to) enjoin knowledge of legal principles not possessed by
conduct constituting the 2.11. Annex "B" may likewise be ordinary layman, and appearance for clients before
practice of law, ethically objectionable. The second public tribunals which possess power and authority to
particularly with reference paragraph thereof (which is not determine rights of life, liberty, and property
to the giving of advice and necessarily related to the first according to law, in order to assist in proper
counsel by the defendant paragraph) fails to state the interpretation and enforcement of law. 14
relating to specific limitation that only "paralegal
problems of particular services?" or "legal support When a person participates in the a trial and
individuals in connection services", and not legal services, advertises himself as a lawyer, he is in the practice of
with a divorce, separation, are available." 11 law. 15 One who confers with clients, advises them as
annulment of separation to their legal rights and then takes the business to an
agreement sought and A prefatory discussion on the meaning of the phrase attorney and asks the latter to look after the case in
should be affirmed. (State "practice of law" becomes exigent for the proper court, is also practicing law. 16 Giving advice for
v. Winder, 348, NYS 2D determination of the issues raised by the petition at compensation regarding the legal status and rights of
270 [1973], cited in bar. On this score, we note that the clause "practice of another and the conduct with respect thereto
Statsky, supra at p. 101.). law" has long been the subject of judicial constitutes a practice of law. 17 One who renders an
construction and interpretation. The courts have laid opinion as to the proper interpretation of a statute,
1.12. Respondent, of course, states down general principles and doctrines explaining the and receives pay for it, is, to that extent, practicing
that its services are "strictly non- meaning and scope of the term, some of which we law. 18
diagnostic, non-advisory. "It is not now take into account.
controverted, however, that if the In the recent case of Cayetano vs. Monsod, 19 after
services "involve giving legal Practice of law means any activity, in or out of court, citing the doctrines in several cases, we laid down the
advice or counselling," such would which requires the application of law, legal test to determine whether certain acts constitute
constitute practice of law procedures, knowledge, training and experience. To "practice of law," thus:
(Comment, par. 6.2). It is in this engage in the practice of law is to perform those acts
light that FIDA submits that a which are characteristic of the profession. Generally, Black defines "practice of law" as:
factual inquiry may be necessary to practice law is to give advice or render any kind of
for the judicious disposition of this service that involves legal knowledge or skill. 12 The rendition of services requiring
case. the knowledge and the application
The practice of law is not limited to the conduct of of legal principles and technique to
xxx xxx xxx cases in court. It includes legal advice and counsel, serve the interest of another with
his consent. It is not limited to while so engaged performs any act Practice of law under modern
appearing in court, or advising and or acts either in court or outside of conditions consists in no small part
assisting in the conduct of court for that purpose, is engaged of work performed outside of any
litigation, but embraces the in the practice of law. (State ex. rel. court and having no immediate
preparation of pleadings, and other Mckittrick v. C.S. Dudley and Co., relation to proceedings in court. It
papers incident to actions and 102 S. W. 2d 895, 340 Mo. 852). embraces conveyancing, the giving
special proceedings, conveyancing, of legal advice on a large variety of
the preparation of legal instruments This Court, in the case of Philippines Lawyers subjects and the preparation and
of all kinds, and the giving of all Association v. Agrava (105 Phil. 173, 176- execution of legal instruments
legal advice to clients. It embraces 177),stated: covering an extensive field of
all advice to clients and all actions business and trust relations and
taken for them in matters connected The practice of law is not limited to other affairs. Although these
with the law. the conduct of cases or litigation in transactions may have no direct
court; it embraces the preparation connection with court proceedings,
The practice of law is not limited to the conduct of of pleadings and other papers they are always subject to become
cases on court.(Land Title Abstract and Trust Co. v. incident to actions and special involved in litigation. They require
Dworken , 129 Ohio St. 23, 193N. E. 650). A person proceedings, the management of in many aspects a high degree of
is also considered to be in the practice of law when such actions and proceedings on legal skill, a wide experience with
he: behalf of clients before judges and men and affairs, and great capacity
courts, and in addition, conveying. for adaptation to difficult and
. . . . for valuable consideration In general, all advice to clients, and complex situations. These
engages in the business of advising all action taken for them in matters customary functions of an attorney
person, firms, associations or connected with the law or counselor at law bear an intimate
corporations as to their right under incorporation services, assessment relation to the administration of
the law, or appears in a and condemnation services justice by the courts. No valid
representative capacity as an contemplating an appearance distinction, so far as concerns the
advocate in proceedings, pending before a judicial body, the question set forth in the order, can
or prospective, before any court, foreclosure of a mortgage, be drawn between that part of the
commissioner, referee, board, body, enforcement of a creditor's claim in work of the lawyer which involves
committee, or commission bankruptcy and insolvency appearance in court and that part
constituted by law or authorized to proceedings, and conducting which involves advice and drafting
settle controversies and there, in proceedings in attachment, and in of instruments in his office. It is of
such representative capacity, matters or estate and guardianship importance to the welfare of the
performs any act or acts for the have been held to constitute law public that these manifold
purpose of obtaining or defending practice, as do the preparation and customary functions be performed
the rights of their clients under the drafting of legal instruments, where by persons possessed of adequate
law. Otherwise stated, one who, in the work done involves the learning and skill, of sound moral
a representative capacity, engages determination by the trained legal character, and acting at all times
in the business of advising clients mind of the legal effect of facts and under the heavy trust obligations to
as to their rights under the law, or conditions. (5 Am. Jr. p. 262, 263). clients which rests upon all
attorneys. (Moran, Comments on
the Rules o Court, Vol. 3 [1973 laymen in need of basic credulity of this Court that all the respondent
ed.], pp. 665-666, citing In Re institutional services from corporation will simply do is look for the law, furnish
Opinion of the Justices [Mass], 194 government or non-government a copy thereof to the client, and stop there as if it
N. E. 313, quoted in Rhode Is. Bar agencies, like birth, marriage, were merely a bookstore. With its attorneys and so
Assoc. v. Automobile Service property, or business registrations; called paralegals, it will necessarily have to explain
Assoc. [R.I.] 197 A. 139, 144). educational or employment records to the client the intricacies of the law and advise him
or certifications, obtaining or her on the proper course of action to be taken as
The practice of law, therefore, covers a wide range of documentation like clearances, may be provided for by said law. That is what its
activities in and out of court. Applying the passports, local or foreign visas; advertisements represent and for the which services it
aforementioned criteria to the case at bar, we agree giving information about laws of will consequently charge and be paid. That activity
with the perceptive findings and observations of the other countries that they may find falls squarely within the jurisprudential definition of
aforestated bar associations that the activities of useful, like foreign divorce, "practice of law." Such a conclusion will not be
respondent, as advertised, constitute "practice of marriage or adoption laws that they altered by the fact that respondent corporation does
law." can avail of preparatory to not represent clients in court since law practice, as
emigration to the foreign country, the weight of authority holds, is not limited merely
The contention of respondent that it merely offers and other matters that do not giving legal advice, contract drafting and so forth.
legal support services can neither be seriously involve representation of clients in
considered nor sustained. Said proposition is belied court; designing and installing The aforesaid conclusion is further strengthened by
by respondent's own description of the services it has computer systems, programs, or an article published in the January 13, 1991 issue of
been offering, to wit: software for the efficient the Starweek/The Sunday Magazine of the
management of law offices, Philippines Star, entitled "Rx for Legal Problems,"
Legal support services basically corporate legal departments, courts where an insight into the structure, main purpose and
consists of giving ready and other entities engaged in operations of respondent corporation was given by its
information by trained paralegals to dispensing or administering legal own "proprietor," Atty. Rogelio P. Nogales:
laymen and lawyers, which are services. 20
strictly non-diagnostic, non- This is the kind of business that is
advisory, through the extensive use While some of the services being offered by transacted everyday at The Legal
of computers and modern respondent corporation merely involve mechanical Clinic, with offices on the seventh
information technology in the and technical knowhow, such as the installation of floor of the Victoria Building along
gathering, processing, storage, computer systems and programs for the efficient U. N. Avenue in Manila. No matter
transmission and reproduction of management of law offices, or the computerization of what the client's problem, and even
information and communication, research aids and materials, these will not suffice to if it is as complicated as the
such as computerized legal justify an exception to the general rule. Cuneta-Concepcion domestic
research; encoding and situation, Atty. Nogales and his
reproduction of documents and What is palpably clear is that respondent corporation staff of lawyers, who, like doctors
pleadings prepared by laymen or gives out legal information to laymen and lawyers. Its are "specialists" in various fields
lawyers; document search; contention that such function is non-advisory and can take care of it. The Legal
evidence gathering; locating parties non-diagnostic is more apparent than real. In Clinic, Inc. has specialists in
or witnesses to a case; fact finding providing information, for example, about foreign taxation and criminal law, medico-
investigations; and assistance to laws on marriage, divorce and adoption, it strains the legal problems, labor, litigation,
and family law. These specialist are Those cases which requires more Further, as correctly and appropriately pointed out by
backed up by a battery of extensive "treatment" are dealt with the U.P. WILOCI, said reported facts sufficiently
paralegals, counsellors and accordingly. "If you had a rich establish that the main purpose of respondent is to
attorneys. relative who died and named you serve as a one-stop-shop of sorts for various legal
her sole heir, and you stand to problems wherein a client may avail of legal services
Atty. Nogales set up The Legal inherit millions of pesos of from simple documentation to complex litigation and
Clinic in 1984. Inspired by the property, we would refer you to a corporate undertakings. Most of these services are
trend in the medical field toward specialist in taxation. There would undoubtedly beyond the domain of paralegals, but
specialization, it caters to clients be real estate taxes and arrears rather, are exclusive functions of lawyers engaged in
who cannot afford the services of which would need to be put in the practice of law. 22
the big law firms. order, and your relative is even
taxed by the state for the right to It should be noted that in our jurisdiction the services
The Legal Clinic has regular and transfer her property, and only a being offered by private respondent which constitute
walk-in clients. "when they come, specialist in taxation would be practice of law cannot be performed by paralegals.
we start by analyzing the problem. properly trained to deal with the Only a person duly admitted as a member of the bar,
That's what doctors do also. They problem. Now, if there were other or hereafter admitted as such in accordance with the
ask you how you contracted what's heirs contesting your rich relatives provisions of the Rules of Court, and who is in good
bothering you, they take your will, then you would need a and regular standing, is entitled to practice law. 23
temperature, they observe you for litigator, who knows how to
the symptoms and so on. That's arrange the problem for Public policy requires that the practice of law be
how we operate, too. And once the presentation in court, and gather limited to those individuals found duly qualified in
problem has been categorized, then evidence to support the case. 21 education and character. The permissive right
it's referred to one of our conferred on the lawyers is an individual and limited
specialists. That fact that the corporation employs paralegals to privilege subject to withdrawal if he fails to maintain
carry out its services is not controlling. What is proper standards of moral and professional conduct.
There are cases which do not, in important is that it is engaged in the practice of law The purpose is to protect the public, the court, the
medical terms, require surgery or by virtue of the nature of the services it renders client and the bar from the incompetence or
follow-up treatment. These The which thereby brings it within the ambit of the dishonesty of those unlicensed to practice law and
Legal Clinic disposes of in a matter statutory prohibitions against the advertisements not subject to the disciplinary control of the court. 24
of minutes. "Things like preparing which it has caused to be published and are now
a simple deed of sale or an affidavit assailed in this proceeding. The same rule is observed in the american
of loss can be taken care of by our jurisdiction wherefrom respondent would wish to
staff or, if this were a hospital the draw support for his thesis. The doctrines there also
residents or the interns. We can stress that the practice of law is limited to those who
take care of these matters on a meet the requirements for, and have been admitted to,
while you wait basis. Again, kung the bar, and various statutes or rules specifically so
baga sa hospital, out-patient, hindi provide. 25 The practice of law is not a lawful
kailangang ma-confine. It's just like business except for members of the bar who have
a common cold or diarrhea," complied with all the conditions required by statute
explains Atty. Nogales. and the rules of court. Only those persons are allowed
to practice law who, by reason of attainments Assistants, Inc. and the American Paralegal professional employment, such as furnishing or
previously acquired through education and study, Association. 29 inspiring newspaper comments, or procuring his
have been recognized by the courts as possessing photograph to be published in connection with causes
profound knowledge of legal science entitling them In the Philippines, we still have a restricted concept in which the lawyer has been or is engaged or
to advise, counsel with, protect, or defend the rights and limited acceptance of what may be considered as concerning the manner of their conduct, the
claims, or liabilities of their clients, with respect to paralegal service. As pointed out by FIDA, some magnitude of the interest involved, the importance of
the construction, interpretation, operation and effect persons not duly licensed to practice law are or have the lawyer's position, and all other like self-
of law. 26 The justification for excluding from the been allowed limited representation in behalf of laudation. 36
practice of law those not admitted to the bar is found, another or to render legal services, but such allowable
not in the protection of the bar from competition, but services are limited in scope and extent by the law, The standards of the legal profession condemn the
in the protection of the public from being advised and rules or regulations granting permission therefor. 30 lawyer's advertisement of his talents. A lawyer
represented in legal matters by incompetent and cannot, without violating the ethics of his profession.
unreliable persons over whom the judicial department Accordingly, we have adopted the American judicial advertise his talents or skill as in a manner similar to
can exercise little control. 27 policy that, in the absence of constitutional or a merchant advertising his goods. 37 The prescription
statutory authority, a person who has not been against advertising of legal services or solicitation of
We have to necessarily and definitely reject admitted as an attorney cannot practice law for the legal business rests on the fundamental postulate that
respondent's position that the concept in the United proper administration of justice cannot be hindered the that the practice of law is a profession. Thus, in
States of paralegals as an occupation separate from by the unwarranted intrusion of an unauthorized and the case of The Director of Religious Affairs. vs.
the law profession be adopted in this jurisdiction. unskilled person into the practice of law. 31 That Estanislao R. Bayot 38 an advertisement, similar to
Whatever may be its merits, respondent cannot but be policy should continue to be one of encouraging those of respondent which are involved in the present
aware that this should first be a matter for judicial persons who are unsure of their legal rights and proceeding, 39 was held to constitute improper
rules or legislative action, and not of unilateral remedies to seek legal assistance only from persons advertising or solicitation.
adoption as it has done. licensed to practice law in the state. 32
The pertinent part of the decision therein reads:
Paralegals in the United States are trained Anent the issue on the validity of the questioned
professionals. As admitted by respondent, there are advertisements, the Code of Professional It is undeniable that the
schools and universities there which offer studies and Responsibility provides that a lawyer in making advertisement in question was a
degrees in paralegal education, while there are none known his legal services shall use only true, honest, flagrant violation by the respondent
in the Philippines. 28 As the concept of the fair, dignified and objective information or statement of the ethics of his profession, it
"paralegals" or "legal assistant" evolved in the United of facts. 33 He is not supposed to use or permit the use being a brazen solicitation of
States, standards and guidelines also evolved to of any false, fraudulent, misleading, deceptive, business from the public. Section
protect the general public. One of the major standards undignified, self-laudatory or unfair statement or 25 of Rule 127 expressly provides
or guidelines was developed by the American Bar claim regarding his qualifications or legal among other things that "the
Association which set up Guidelines for the Approval services. 34 Nor shall he pay or give something of practice of soliciting cases at law
of Legal Assistant Education Programs (1973). value to representatives of the mass media in for the purpose of gain, either
Legislation has even been proposed to certify legal anticipation of, or in return for, publicity to attract personally or thru paid agents or
assistants. There are also associations of paralegals in legal business. 35 Prior to the adoption of the code of brokers, constitutes malpractice." It
the United States with their own code of professional Professional Responsibility, the Canons of is highly unethical for an attorney
ethics, such as the National Association of Legal Professional Ethics had also warned that lawyers to advertise his talents or skill as a
should not resort to indirect advertisements for merchant advertises his wares. Law
is a profession and not a trade. The allowed and those which are necessarily implied from number and special branch of law practiced. The
lawyer degrades himself and his the restrictions. 41 publication of a simple announcement of the opening
profession who stoops to and of a law firm or of changes in the partnership,
adopts the practices of The first of such exceptions is the publication in associates, firm name or office address, being for the
mercantilism by advertising his reputable law lists, in a manner consistent with the convenience of the profession, is not objectionable.
services or offering them to the standards of conduct imposed by the canons, of brief He may likewise have his name listed in a telephone
public. As a member of the bar, he biographical and informative data. "Such data must directory but not under a designation of special
defiles the temple of justice with not be misleading and may include only a statement branch of law. 44
mercenary activities as the money- of the lawyer's name and the names of his
changers of old defiled the temple professional associates; addresses, telephone Verily, taking into consideration the nature and
of Jehovah. "The most worthy and numbers, cable addresses; branches of law practiced; contents of the advertisements for which respondent
effective advertisement possible, date and place of birth and admission to the bar; is being taken to task, which even includes a
even for a young lawyer, . . . . is the schools attended with dates of graduation, degrees quotation of the fees charged by said respondent
establishment of a well-merited and other educational distinction; public or quasi- corporation for services rendered, we find and so
reputation for professional capacity public offices; posts of honor; legal authorships; legal hold that the same definitely do not and conclusively
and fidelity to trust. This cannot be teaching positions; membership and offices in bar cannot fall under any of the above-mentioned
forced but must be the outcome of associations and committees thereof, in legal and exceptions.
character and conduct." (Canon 27, scientific societies and legal fraternities; the fact of
Code of Ethics.). listings in other reputable law lists; the names and The ruling in the case of Bates, et al. vs. State Bar of
addresses of references; and, with their written Arizona, 45 which is repeatedly invoked and
We repeat, the canon of the profession tell us that the consent, the names of clients regularly constitutes the justification relied upon by
best advertising possible for a lawyer is a well- represented." 42 respondent, is obviously not applicable to the case at
merited reputation for professional capacity and bar. Foremost is the fact that the disciplinary rule
fidelity to trust, which must be earned as the outcome The law list must be a reputable law list published involved in said case explicitly allows a lawyer, as an
of character and conduct. Good and efficient service primarily for that purpose; it cannot be a mere exception to the prohibition against advertisements
to a client as well as to the community has a way of supplemental feature of a paper, magazine, trade by lawyers, to publish a statement of legal fees for an
publicizing itself and catching public attention. That journal or periodical which is published principally initial consultation or the availability upon request of
publicity is a normal by-product of effective service for other purposes. For that reason, a lawyer may not a written schedule of fees or an estimate of the fee to
which is right and proper. A good and reputable properly publish his brief biographical and be charged for the specific services. No such
lawyer needs no artificial stimulus to generate it and informative data in a daily paper, magazine, trade exception is provided for, expressly or impliedly,
to magnify his success. He easily sees the difference journal or society program. Nor may a lawyer permit whether in our former Canons of Professional Ethics
between a normal by-product of able service and the his name to be published in a law list the conduct, or the present Code of Professional Responsibility.
unwholesome result of propaganda. 40 management or contents of which are calculated or Besides, even the disciplinary rule in the Bates case
likely to deceive or injure the public or the bar, or to contains a proviso that the exceptions stated therein
Of course, not all types of advertising or solicitation lower the dignity or standing of the profession. 43 are "not applicable in any state unless and until it is
are prohibited. The canons of the profession implemented by such authority in that state." 46 This
enumerate exceptions to the rule against advertising The use of an ordinary simple professional card is goes to show that an exception to the general rule,
or solicitation and define the extent to which they also permitted. The card may contain only a such as that being invoked by herein respondent, can
may be undertaken. The exceptions are of two broad statement of his name, the name of the law firm be made only if and when the canons expressly
categories, namely, those which are expressly which he is connected with, address, telephone
provide for such an exception. Otherwise, the the Philippine Bar, he is hereby reprimanded, with a operation or transaction proscribed by law or the
prohibition stands, as in the case at bar. warning that a repetition of the same or similar acts Code of Professional Ethics as indicated herein. Let
which are involved in this proceeding will be dealt copies of this resolution be furnished the Integrated
It bears mention that in a survey conducted by the with more severely. Bar of the Philippines, the Office of the Bar
American Bar Association after the decision in Bates, Confidant and the Office of the Solicitor General for
on the attitude of the public about lawyers after While we deem it necessary that the question as to appropriate action in accordance herewith.
viewing television commercials, it was found that the legality or illegality of the purpose/s for which the
public opinion dropped significantly 47 with respect to Legal Clinic, Inc. was created should be passed upon
these characteristics of lawyers: and determined, we are constrained to refrain from
lapsing into an obiter on that aspect since it is clearly
Trustworthy from not within the adjudicative parameters of the present
71% to 14% proceeding which is merely administrative in nature.
Professional from It is, of course, imperative that this matter be
71% to 14% promptly determined, albeit in a different proceeding
Honest from 65% and forum, since, under the present state of our law
to 14% and jurisprudence, a corporation cannot be organized
Dignified from for or engage in the practice of law in this country.
45% to 14% This interdiction, just like the rule against unethical
advertising, cannot be subverted by employing some
Secondly, it is our firm belief that with the present so-called paralegals supposedly rendering the alleged
situation of our legal and judicial systems, to allow support services.
the publication of advertisements of the kind used by
respondent would only serve to aggravate what is The remedy for the apparent breach of this
already a deteriorating public opinion of the legal prohibition by respondent is the concern and province
profession whose integrity has consistently been of the Solicitor General who can institute the
under attack lately by media and the community in corresponding quo warranto action, 50 after due
general. At this point in time, it is of utmost ascertainment of the factual background and basis for
importance in the face of such negative, even if the grant of respondent's corporate charter, in light of
unfair, criticisms at times, to adopt and maintain that the putative misuse thereof. That spin-off from the
level of professional conduct which is beyond instant bar matter is referred to the Solicitor General
reproach, and to exert all efforts to regain the high for such action as may be necessary under the
esteem formerly accorded to the legal profession. circumstances.
In sum, it is undoubtedly a misbehavior on the part of ACCORDINGLY, the Court Resolved to RESTRAIN
the lawyer, subject to disciplinary action, to advertise and ENJOIN herein respondent, The Legal Clinic,
his services except in allowable instances 48 or to aid Inc., from issuing or causing the publication or
a layman in the unauthorized practice of dissemination of any advertisement in any form
law. 49 Considering that Atty. Rogelio P. Nogales, which is of the same or similar tenor and purpose as
who is the prime incorporator, major stockholder and Annexes "A" and "B" of this petition, and from
proprietor of The Legal Clinic, Inc. is a member of conducting, directly or indirectly, any activity,
SECOND DIVISION Complainants are the plaintiffs in Civil Case No. and the order was sent to the defendants, again by
7819 (Juvy P. Ciocon-Reer, et al. v. Gaspar Mayo, et registered mail, only on 17 June 2009.
al.) for Unlawful Detainer, Damages, Injunction, etc.,
an appealed case from the Municipal Trial Court of Judge Lubao informed the Court that complainant
JUVY P. CIOCON-REER, A.M. OCA IPI No. 09- General Santos City, Branch 3. Complainants alleged Remberto C. Karaan, Sr. (Karaan) is engaging in the
3210-RTJ that on 12 September 2008, Judge Lubao issued an practice of law even though he is not a lawyer. Judge
ANGELINA P. CIOCON, Order directing the parties to submit their respective Lubao asked this Court to require Karaan to show
MARIVIT P. CIOCON- Present: memoranda within 30 days from receipt of the order. cause why he should not be cited in contempt for
HERNANDEZ, and Complainants further alleged that on 30 September unauthorized practice of law.
REMBERTO C. KARAAN, SR., CARPIO, J., 2008, a copy of the order was sent by registered mail
Chairperson, to the defendants, which they should have received Karaan filed a supplemental complaint alleging that
Complainants, BRION, within one week or on 7 October 2008. Complainants Judge Lubaos failure to submit his comment on time
PERALTA,* alleged that the 30-day period within which to submit to complainants administrative complaint is a
SERENO, and memoranda expired on 6 November 2008. Since the violation of the existing rules and procedure and
- versus - REYES, JJ. defendants failed to submit their memorandum on 6 amounts to gross ignorance of the law. As regards his
JUDGE ANTONIO C. LUBAO, November 2008, complainants alleged that they alleged unauthorized practice of law, Karaan alleged
Regional Trial Court, Branch 22, should be deemed to have waived their right to that Judge Lubao was merely trying to evade the
General Santos City, Promulgated: adduce evidence and Judge Lubao should have issues at hand.
Respondent. June 20, 2012 decided the case. Yet, four months passed from 6
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - November 2008 and Judge Lubao still failed to make The Findings of the OCA
---------------x his decision.
In its Memorandum dated 13 April 2010, the Office
In his Comment, Judge Lubao explained that the of the Court Administrator (OCA) reported that a
R ES OLUTION parties were required to submit their respective verification from the Docket and Clearance Division
memoranda on 12 September 2008. The Order was of its Office revealed that Karaan also filed numerous
CARPIO, J.: sent to the parties through registered mail on 30 administrative complaints[1] against judges from
September 2008. Judge Lubao alleged that the different courts, all of which were dismissed by this
The Case plaintiffs submitted their memorandum on 10 Court.
November 2008 but the court did not receive the
Juvy P. Ciocon-Reer, Angelina P. Ciocon, Marivit P. registry return card on the notice to the defendants. In its evaluation of the case, the OCA found that there
Ciocon-Hernandez, and Remberto C. Karaan, Sr. On 10 December 2008, the branch clerk of court sent was no evidence to show that the orders issued by
(complainants) filed an administrative complaint a letter-request to the Post Office of General Santos Judge Lubao were tainted with fraud, dishonesty or
against Judge Antonio C. Lubao (Judge Lubao) of the City asking for certification as to when the Order of bad faith. The OCA stated that the matters raised by
Regional Trial Court of General Santos City, Branch 12 September 2008, sent under Registry Receipt No. complainants could only be questioned through
22, for gross ignorance of the law, rules or 690, was received by the defendants. However, the judicial remedies under the Rules of Court and not by
procedures; gross incompetence and inefficiency; court did not receive any reply from the Post Office. way of an administrative complaint. The OCA stated
violation of Section 3(e) of Republic Act No. 3019; that Karaan could not simply assume that the order of
violations of Articles 171 and 172 of the Revised Judge Lubao further explained that on 20 May 2009, 12 September 2008 had been received by the
Penal Code; violations of pertinent provisions of the for the greater interest of substantial justice, the defendants without the registry return card which was
Code of Judicial Conduct, The New Code of Judicial defendants were given their last chance to submit not returned to the trial court.
Conduct per A.M. No. 03-05-01-SC, and Canons of their memorandum within 30 days from receipt of the
Judicial Ethics; and dishonesty and grave order. In the same order, he directed the plaintiffs to The OCA found that based on the pleadings attached
misconduct. coordinate with the branch sheriff for personal to the records, it would appear that Karaan was
delivery of the order to the defendants. However, the engaged in the practice of law. The OCA also noted
The Antecedent Facts plaintiffs failed to coordinate with the branch sheriff the numerous frivolous and administrative complaints
filed by Karaan against several judges which tend to OCA stated that the remedy against Judge Lubaos his judicial capacity are not subject to disciplinary
mock the judicial system. action was judicial in nature. The OCA found that the action.[2] We agree with the OCA that the remedy of
claim of Karaan that he could prove the receipt of the the complainants in this case is judicial in nature.
The OCA recommended the dismissal of the order by one Mr. Mayo is immaterial because it was Hence, the denial of their motion for reconsideration
complaint against Judge Lubao for lack of merit. The not in the records of the case where Judge Karaan of this Courts 24 November 2010 Resolution
OCA further recommended that Karaan be required based his order. dismissing the administrative case against Judge
to show cause why he should not be cited for Lubao is in order. As the OCA stated, Karaan could
contempt of court for violation of Section 3(e), Rule The OCA noted that Karaan, through the use of not make assumptions as to when the defendants
71 of the Revised Rules of Court. intemperate and slanderous language, continually received the copy of Judge Lubaos order without the
attributed all sorts of malicious motives and nefarious registry return receipt. While Karaan claimed that he
In its Resolution dated 24 November 2010, this Court schemes to Judge Lubao regarding the conduct of his knew when one of the parties received a copy of the
dismissed the complaint against Judge Lubao for official function but failed to substantiate his order, this claim was unsupported by evidence and
being judicial in nature and for lack of merit. This allegations. The OCA further noted that this case is was not in the records of the case when Judge Lubao
Court likewise directed Karaan to show cause why he just one of the many cases Karaan filed against issued his 20 May 2009 Order giving the defendants
should not be cited for contempt for violating Section various judges in other courts where the same pattern their last chance to submit their memorandum. The
3(e), Rule 71 of the Revised Rules of Court. of accusations could be observed. records would also show that Judge Lubao had been
very careful in his actions on the case, as his branch
The OCA found Karaans explanation on the show clerk of court even wrote the Post Office of General
Karaan filed a motion for reconsideration of the cause order unsatisfactory. The OCA noted Santos City asking for certification as to when the
dismissal of the complaint against Judge Lubao. Karaans modus operandi of offering free paralegal Order of 12 September 2008, sent under Registry
Karaan denied that he had been assuming to be an advice and then making the parties execute a special Receipt No. 690, was received by the
attorney or an officer of the court and acting as such power of attorney that would make him an agent of defendants. There was no evidence that Judge Lubao
without authority. He alleged that he did not indicate the litigants and would allow him to file suits, acted arbitrarily or in bad faith. Further, Judge Lubao
any PTR, Attorneys Roll, or MCLE Compliance pleadings and motions with himself as one of the could not be faulted for trying to give all the parties
Number in his documents. He further stated that A.M. plaintiffs acting on behalf of his clients. The OCA an opportunity to be heard considering that the
No. 07-1674 filed against Judge Lindo was not noted that Karaans services, on behalf of the records of the case would show that the court a
actually dismissed as reported by the OCA. underprivileged he claimed to be helping, fall within quo summarily dismissed the case without issuing
the practice of law. The OCA recommended that summons to the defendants.
Karaan thereafter filed Supplemental Arguments to Karaan be declared liable for indirect contempt and
the motion for reconsideration and compliance to the be sentenced to serve a term of imprisonment for 10 We likewise agree with the OCA that Karaan was
show cause order. Karaan reiterated that he never days at the Manila City Jail and to pay a fine engaged in unauthorized practice of law.
represented himself to anyone as a lawyer or officer of P1,000 with a warning that a repetition of any of
of the court and that his paralegal services, rendered the offenses, or any similar or other offense, against In Cayetano v. Monsod,[3] the Court ruled that
free of charge, were all for the public good. He stated the courts, judges or court employees will merit more practice of law means any activity, in or out of court,
that he assists organizations which represent the serious sanctions. which requires the application of law, legal
interests of senior citizens, the indigents, and procedure, knowledge, training and experience. To
members of the community with limited means. The Ruling of this Court engage in the practice of law is to perform acts which
are usually performed by members of the legal
In a Memorandum dated 8 November 2011, the OCA We agree with the OCAs recommendation that the profession.[4] Generally, to practice law is to render
found no merit in the motion for reconsideration. The motion for reconsideration of the Courts 24 any kind of service which requires the use of legal
OCA noted Judge Lubaos explanation that the case November 2010 Resolution dismissing the complaint knowledge or skill.[5] Here, the OCA was able to
was summarily dismissed by the municipal trial court against Judge Lubao has no merit. establish the pattern in Karaans unauthorized practice
without service of summons on the defendants. Thus, of law. He would require the parties to execute a
Judge Lubao deemed it proper to issue the order Not all administrative complaints against judges special power of attorney in his favor to allow him to
requiring all parties to submit their memorandum to merit a corresponding penalty. In the absence of join them as one of the plaintiffs as their attorney-in-
give all concerned the opportunity to be heard. The fraud, dishonesty or corruption, the acts of a judge in fact. Then, he would file the necessary complaint and
other pleadings acting for and in his own behalf and Judge Antonio C. Lubao for being judicial in nature.
as attorney-in-fact, agent or representative of the We find REMBERTO C. KARAAN,
parties. The fact that Karaan did not indicate in the SR. GUILTY of indirect contempt under Section
pleadings that he was a member of the Bar, or any 3(e), Rule 71 of the 1997 Rules of Civil Procedure
PTR, Attorneys Roll, or MCLE Compliance Number and impose on him a Fine of Ten Thousand Pesos
does not detract from the fact that, by his actions, he (P10,000).
was actually engaged in the practice of law.
Let a copy of this Resolution be furnished all courts
Under Section 3(e), Rule 71 of the 1997 Rules of of the land for their guidance and information. The
Civil Procedure, a person [a]ssuming to be an courts and court employees are further directed to
attorney or an officer of a court, and acting as such report to the Office of the Court Administrator any
without authority, is liable for indirect contempt of further appearance by Remberto C. Karaan, Sr.
court. Under Section 7 of the same rules, a before their sala.
respondent adjudged guilty of indirect contempt
committed against a Regional Trial Court or a court SO ORDERED.
of equivalent or higher rank may be punished by a
fine not exceeding thirty thousand pesos or
imprisonment not exceeding six (6) months, or both.
If a respondent is adjudged guilty of contempt
committed against a lower court, he may be punished
by a fine not exceeding five thousand pesos or
imprisonment not exceeding one (1) month, or both.