Professional Documents
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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
Case Title/Facts Issue/s Doctrine/s, Discussion/s *Atty.’s notes:
The Director of Whether or not Yes but he was only
Religious Affairs v. Respondent is reprimanded considering In legal profession, the primary consideration is PUBLIC
Estanislao Bayot guilty of his plea for leniency and SERVICE while in a business, the primary consideration is
malpractice for his promise not to repeat RETURN OF INVESTMENT
- Respondent advertised having the misconduct.
Case Title/Facts Issue/s Doctrine/s, Discussion/s
his services regarding advertised his
marriage licenses and profession? In this case, the court held Jesus Cui v Antonio Whether or not NO.
annulment in a that: Cui/Romulo Cui Petitioner has
newspaper Sunday “titulo de The Court held that the
Tribune - Law is a profession and - Case as to who is the abogado” for term “titulo de abogado” is
not a trade. next to be the finishing Law defined as not mere
- In view of this, a administrator of Hospicio and is qualified possession of academic
complaint for malpractice - it is highly unethical for de San Jose as administrator? law degree but a
was charged against him an attorney to advertise his membership in the Bar
talents or skill as a - The deed requires that after due admission
merchant advertises his the administrator has a qualifying one for the
wares title like Attorney, practice of law
Doctor, Engineer,
- that it is undeniable that Pharmacist Citing Rule 138 for the
Respondent’s act was a qualifications for
flagrant violation by the - Jesus graduated admission in the legal
respondent of the ethics of Bachelor’s of Law of did profession
his profession, it being a not pass the Bar
brazen solicitation of
business from the public - Respondent Antonio is
a member of the Bar but
- Section 25 of Rule 127 was disbarred. However,
expressly provides among he was later on reinstated
other things that “the
practice of soliciting cases
at law for the purpose of
gain constitutes
malpractice”
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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
Case Title/Facts Issue/s Doctrine/s, Discussion/s Case Title/Facts Issue/s Doctrine/s, Discussion/s
Sophia Alawi v. Ashary Whether or not NO. In the Matter of IBP - Whether or not YES.
Alauya Respondent is 1989 the integration of
entitled to used The Court held that the the Bar is Integration of the
- A case with regard to a the term person who passed the - The case involves a constitutional? Philippine Bar – means
complaint against “attorney”? Shari’a Bar are not full- petition, Admin. 5262, the official unification of
Respondent for having pledged members of the which formally prays for the entire lawyer
misrepresenting himself Bar, hence, may only the integration of the PH population of the
as an “attorney’ using practice law before Shari’a Bar Philippines
such term in his Courts
transactions - Arguments in favour “Bar” – the collectivity of
- While one who has been and against said petition all persons whose names
- Technically, admitted to the Sharia Bar was heard and thereafter, appear in the Rolls of
Respondent is called a and on to the Philippine the Court created a Attorney
“counsellor-at-law” a Bar be both called Commission on Bar
title to which Shari’a “counsellors”, only the Integration for Bar integration – signifies
lawyers have a rightful latter is an “attorney”. The ascertaining the the setting up by the
claim title “attorney” is reserved advisability of unifying Government authority of
to those who passed the the Bar. national organization of the
- Respondent asserts that Bar and admitted to the legal profession based on
he prefers the title IBP with good standing. the recognition of lawyers
“attorney” because - Eventually, RA 6397 as an officer of the court
“counsellor-at-law” is was enacted for said
often mistaken as integration; this present The Court is of the view
“councillor” of the case resolved the that it may integrate the PH
barangay, but avers that arguments on the Act’s Bar in the exercise of its
he never consider himself constitutionality power under Art. 18,
as a lawyer section 13 “to promulgate
rules concerning pleading,
practice, and procedure in
all courts and the
admission to the practice of
law”.
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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
RA 6937 neither confers Case Title/Facts Issue/s Doctrine/s, Discussion/s
power nor restrict the People of the Whether or not NO.
Court’s inherent power – Philippines v. Simplicio Atty. Fule is
only a mere legislative Villanueva engaged in a The Court held that:
declaration that the private practice
integration will promote - In this case, Atty. of Law? The appearance is only an
public interest and will Ariston Fule, a City “isolated appearance”.
raise the standards of the Attorney, was
legal profession complained of for That practice is more than
engaging in a private an isolated appearance, for
* The integration is practice of law, when he it consists frequency or
constitutional. Bases – appeared as private customary actions, a
prosecutor for the succession of acts of the
- Inherent power of the complainant same kind.
Court to supervise and
regulate the practice of law - it was made clear that Practice of law, to fall
as condition for his within the prohibition,
- practice of law is not a appearance, every time must a “customarily or
vested right but a privilege. he would appear, he habitually holding one’s
Since it is a privilege would be considered on self out to the public, as
imbued with public official leave of absence customarily and
interest, its exercise must and that he would not demanding payment for
be regulated to ensure receive any payment for such services”.
compliance with its his services
members’ public PRIVATE PRACTICE OF
responsibility - the CFI upheld his LAW
appearance and stated
- public responsibility can that he appeared as an * Frequent habitual
be best discharged thru agent or friend of the exercise
collective action but there offended party and it * succession of acts
can be no collective action does not appear that his * habitually holding one’s
without an organized body appearance was in a self to the public for fee
professional capacity and
that he was being paid
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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
Isolated Appearance:
ESSENTIAL CRITERIA DETERMINATIVE OF ENGAGING IN 1. A judge who is prohibited from engaging in private practice of
THE PRACTICE OF LAW (HACA) law has not violated this prohibition when he appeared as
1. Habituality – implies customarily or habituality holding oneself counsel for his cousin pro bono in a criminal case
out to the public as a lawyer 2. Appearance as counsel in one occasion is not conclusive as
2. Compensation – implies that one must have presented himself to determinative of engagement in the practice of law
be in the active practice and that his professional services are 3. Appearance of city attorney as private prosecutor not within
available to the public for compensation, as a source of his the prohibition
livelihood or in consideration of his said services
3. Application of law, legal principle, practice, or procedure
when a person participates in a trial and “advertises” himself as a
which calls for legal knowledge, training and experiences
lawyer, he is in the practice of law
4. Attorney-client relationship
giving advice for compensation regarding the legal status and
rights of another constitutes practice of law
When appearance by counsel not obligatory
engaging in the practice of law presupposes the existence of a
lawyer-client relationship
1. In the Municipal Trial Court, a party may conduct his
litigation in person or with the aid of an agent or friend
appointed by him or with an aid of an attorney Case Title/Facts Issue/s Doctrine/s, Discussion/s
2. In Regional Trial Court and Appellate Courts, a party to a Cayetano v. Monsod Whether or not YES.
civil suit may either conduct his litigation personally or by Respondent is
attorney unless the party is a juridical person Monsod was appointed engaged in the What is practice of law?
3. In Administrative Proceedings, right to counsel is not as a commissioner of the practice of law
indispensable to due process. If a respondent had chosen to Commission on Elections which makes Any activity, in and out of
represent himself without counsel cannot later claim denial of him qualify in court, which requires the
due process His appointment was his appointive application of law, legal
4. Nothing in the Constitution that says that a party in a non- being questioned by position? procedure, knowledge,
petitioners for not having training and experience
criminal proceeding is entitled to be represented by counsel
complied with the legal
5. The rule applies only in Civil and Administrative cases
qualification on “practice Not limited to:
of law” experience
Appearing in court
The law provides that the Advising or assisting in the
members of the conduct of litigation
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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
COMELEC must be, Case Title/Facts Issue/s Doctrine/s, Discussion/s
among other, engaged in It also embraces: Philippine Lawyers’ Whether or not YES.
the practice of law for at Association v. appearance
least ten (10) years. 1. Preparation of pleadings Celedonio Agrava before the Patent The practice of law is not
and other papers incident Office and the limited to the conduct of
Petitioners assert that to actions and special Respondent is the preparation and cases or litigation in court;
Monsod is not engage in proceedings; Director of the Philippine the prosecution it embraces preparation of
the practice of law for the Patent Office of patent pleadings and other papers
prescribed period as his 2. Conveyancing applications incident to action and
past work experience is He issued a circular constitutes or is social proceedings, the
not the court practice 3. Preparation of legal announcing for the included in management of such
which the petitioners instruments of all kinds scheduled for an exam practice of law? actions and xxx where the
assert. for those qualified to work done involves the
4. Giving legal advice to practice as patent determination by the
clients attorneys. The circular trained legal mind of the
states that members of legal effect of facts and
Practice of law need not be habitual services in litigations in court. the PH Bar, engineers conditions
Monsod being a lawyer-economist, lawyer-manager, lawyer- and other person with
entrepreneur, lawyer-negotiator of contracts, lawyer-legislator – sufficient scietific and That in the first place,
verily more than satisfy the constitutional requirement – that he has technical training are although the transaction of
been engaged in the practice of law for at least ten years qualified to take the business in the Patent
exam. Office involves the use and
application of technical
It is the petitioner’s and scientific knowledge
contention that one who and training, still, such
has passed the Bar is business has to be rendered
duly qualified to practice in accordance with the
before the Patents Office, Patent Law which is within
without having taking the purview of lawyer’s
another examination. skills
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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
office is not just a mere QUALIFICATIONS FOR ADMISSION
practice of law but also
needs technical and Requirements for admission to the Bar:
scientific skills 1. Citizen of the Philippines
2. Resident of the Philippines
3. At least 21 years old
4. Successfully completed all prescribed courses
5. Passed the bar exams
6. Production before the SC satisfactory evidence of:
a. Good moral character
b. No charges against him, involving moral turpitude, have been
WHO MAY PRACTICE LAW? filed or are pending in any court in the Philippines
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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
of falsely representing He was not qualified to He was involved in a and efficient administration
himself of being take the bar exams due to death of a neophyte of justice
qualified, for having a his false representations. during fraternity
completed the required initiation rites It is the sworn duty of the
academic qualifications. The fact that he hurdled the Court not only to “weed
bar exams is immaterial. He was later on granted out” lawyers who have
It appears that he had not Passing such exams is not probation and hence filed become a disgrace to the
completed, before taking the only qualification to the petition to be allowed noble profession of the law
up law subjects, the become an attorney-at-law; to take the lawyer’s oath but also of equal
required pre-legal taking the prescribed importance, to prevent
education, specifically in courses of legal study in “misfits” from taking the
the following particulars: the regular manner is lawyer’s oath, thereby
equally essential tarnishing the public image
a. Did not complete his of lawyers
high school training; and,
The Court allowed
b. Diao never attended Argosino in recognition
Quisumbing College and that he is not inherently of
never obtained A.A bad moral fiber
diploma therefrom
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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
Petitioner filed a law by simply passing the 1. Before the MTC – a party may conduct his case or litigation in
complaint against him for bar exams person with the aid of an agent or friend appointed by him (sec.
unauthorized practice of 34, rule 138)
law, grave misconduct, In this case, while it is true
violation of law and that respondent passed the 2. Before any court – a party may conduct his litigation personally.
grave misrepresentation Bar exams and took the He is bound by the same rules in conducting the trial of his case.
lawyers oath, however, it is He cannot, after judgment, claim that he was not properly
the signing in the roll of
represented
attorneys that finally
makes one a full-pledged
lawyer 3. In a criminal case before the MTC – in a locality where a duly
licensed member of the bar is not available, the judge may appoint
Two essential requisites for a non-lawyer who is a resident of that province, of good repute for
becoming a lawyer still had probity and ability to represent the accused in his defense (sec. 7,
to be performed: rule 116)
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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
WHO MAY NOT PRACTICE LAW? o Assure the people of impartiality in the performance of
public functions, thereby promote the public welfare
Relative Prohibition o When any of the public officials are prohibited, they
o Senators and members of the House of Representatives
cease, as a general rule, to engage in private practice of
o Members of Sanggunian
law and the right to practice is suspended during tenure of
office
Absolute Prohibition
o All members of the Judiciary
Lawyer member of the legislature not absolutely prohibited. They
o Judges and other officials as employees of the SC
are only prohibited from appearing as counsel in:
o Government prosecutors
o Any court of justice
o President, VP and cabinet members
o Electoral tribunals
o Constitutional Commission members
o Quasi-judicial or administrative bodies
o Ombudsman and his deputies
o Solicitor General and Asst. Sol Gen
What is prohibited is to “personally appear”
o All governors, city and municipal mayors
The word “appearance” includes:
o Those prohibited by special laws – retired members of the
o Arguing a case before any such body
judiciary
o Filing a pleading on behalf of a client as “by simply filing
a motion, plea or answer”
A Civil Service Officer may only practice law if: Neither can he allow his name to appear in such pleading by itself
o The officer’s responsibilities do not require his time to be
or as part of a firm name under the signature of another qualified
fully at the disposal of the government
lawyer – “he cannot do indirectly what the Constitution prohibits
o With written permission from the department concerned
directly”
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Legal Profession (Reviewer with cases)
New Era University College of Law
Atty. Oliver Gem Pammit
By: Dennie Vieve Idea
2. Appear as counsel in any criminal case wherein an officer or
employee of the national or local govt is accused of an offense in
relation to his office
3. Collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official
4. Use property and personnel of the govt
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