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1. WHO ARE ENTITLED TO PRACTICE LAW?

Any person who has been duly licensed as a member of the bar in accordance with the
statutory requirements and who is in good and regular standing is entitled to practice
law.
*He is considered as member if the bar if he:
1. Passed the bar exams.
2. Taken the lawyer’s oath before the Supreme Court en banc.
3. Signed in the roll of attorneys.
4. Received a certificate of license to practice law from the Clerk of Court of the
Supreme Court.
5. Furnished satisfactory proof or educational, moral, and other qualifications.
* After Admission he or she must:
1. Remain an IBP member in good standing by regularly paying IBP dues and other
lawful assessments.
2. Pay annual privilege tax.
3. Faithfully observe the rules and ethics of the legal profession.
4. Be continually subjected to judicial disciplinary control.

2. RECITE THE LAWYER’S OATH.


I _____, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines;
I will support and defend its Constitution and obey the laws as well as the legal orders of
the duly constituted authorities therein;
I will do no falsehood nor consent to its commission;
I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor
give aid nor consent to the same;
I will not delay any man’s cause for money or malice and will conduct myself as a lawyer
according to the best of my knowledge and discretion with all good fidelity as well to the
court as to my clients; and
I will impose upon myself this obligation voluntarily, without any mental reservation or
purpose of evasion.
So help me God.
3. WHAT IS THE SIGNIFICANCE OF THE LAWYER’S OATH?
The lawyer’s oath is not a mere ceremony or formality for practicing law. Every lawyer
should at all times weigh his actions according to the sworn promises he makes when
taking the lawyer’s oath. If all lawyers conducted themselves strictly according to the
lawyer’s oath and the Code of Professional responsibility, the administration of justice
will undoubtedly fairer, faster and easier for everyone concerned.
By taking the lawyer’s oath, a lawyer becomes the guardian of truth and the rule of law
and an indispensable instrument in the fair and impartial administration of justice.

4. MAY THE LEGISLATURE ENACT A LAW TO REGULATE ADMISSION TO THE BAR?


The legislature may enact laws with respect to the admission to the bar, namely, that
there be previously established rules and principles that applicants to the bar should
observe. The legislature may pass a law prescribing additional qualifications for
candidates for admission to practice or filling up deficiencies in the requirements for
admission to the bar. Such a law may not, however, be given retroactive effect so as to
entitle a person, not otherwise qualified, to be admitted to the bar; nor will such a law
preclude the Supreme Court from fixing other qualifications or requirements for the
practice of law. The reason is that the legislature has no power to grant a layman the
privilege to practice law nor the authority to control the Supreme Court in the
performance of its primary responsibility to decide who may be admitted to practice.

5. WHAT DO YOU UNDERSTAND BY PRACTICE OF LAW?


Practice of Law, generally:
General principles and doctrines laid down by the courts explaining the meaning and
scope of the term:
1. To engage in the practice of law is to do any of those acts which are characteristic of
the legal profession.
2. Any activity in or out of court which requires the application of law, legal principle,
practice or procedure and calls for legal knowledge, training and experience.
3. It is not limited to the conduct of cases in court.
4. Includes legal advice, counseling, and the preparation of legal instruments and
contracts by which legal rights are secured which may or may not be pending in court.
5. Strictly speaking, the word practice of law implies the customary or habitual holding
out of oneself to the public as a lawyer and demanding compensation for his services.
6. MAY A LAWYER WHO HAS BEEN DISBARRED APPEAR AS COUNSEL FOR HIMSELF IN A
CIVIL CASE WHERE HE IS THE DEFENDANT?
Yes. An attorney who is otherwise disqualified to practice law or has been disbarred or
suspended from practice, can validly prosecute or defend his own litigation, he having
as much right as that of a layman in that regard.

7. WHO HAS THE BURDEN OF PROVING THAT AN APPLICANT IS QUALIFIED TO PRACTICE


LAW?
By asking admission to the practice of law, an applicant puts in issue all his
qualifications and assumes the burden of proof to establish all those qualifications to
the satisfaction of the court. He must, accordingly, produce sufficient evidence to clear
any doubt as to any of his qualifications.

8. WHAT IS THE SIGNIFICANCE OF THE IBP DUES AND OCCUPATION TAX? (DILI KO SURE
ANI NGA ANSWER)
The integration of the Philippine Bar means the official unification of the entire lawyer
population. This requires membership and financial support of every attorney as
condition sine qua non to the practice of law and the retention of his name in the Roll
of Attorneys of the Supreme Court. The IBP dues is also for the operation of the
organization.

9. MAY A LAWYER EMPLOY PEOPLE TO ACT AS TIPSTERS WHO WILL PROVIDE


INFORMATION ABOUT POTENTIALLY LUCRATIVE CASES? (DILI JAPON KO SURE ANI)
No. When a lawyer employs someone to act as tipsters who will provide information
about potentially lucrative cases would result to indirect ambulance chasing.
Ambulance chasing is a professional slur which refers to a lawyer soliciting for clients at
a disaster site. The term "ambulance chasing" comes from the stereotype of lawyers
that follow ambulances to the emergency room to find clients.

10. IS THE PRACTICE OF LAW A RIGHT OR A PRIVILEGE?


The practice of law is not a natural, property or constitutional right but a mere
privilege. It is not a right granted to anyone who demands it but a privilege to be
extended or withheld in the exercise of a sound judicial discretion. It is in the nature of
a franchise conferred only for merit which must be earned by hard study, learning and
good conduct. It is a privilege accorded only to those who measure up to certain rigid
standards of mental and moral fitness. Those standards are neither dispensed with nor
lowered after admission. The attorney's continued enjoyment of the privilege
conferred depends upon his remaining a fit and safe person to exercise it and his
complying with the rules and ethics of the profession. As an officer of the court, he is
continually accountable to the court for the manner in which he exercises the privilege.
When it appears that he, by recklessness or sheer ignorance of law, is no longer fit or
safe to be entrusted with the responsibilities and obligations of a lawyer, his privilege
to engage in the practice of law should be suspended or terminated.

11. MAY A CORPORATION PRACTICE LAW? WHAT ABOUT A PARTNERSHIP?


It is well-settled that a corporation or a partnership cannot engage in the practice of
law. It may, however, hire an attorney to attend to and conduct its own legal business
or affairs.