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POWER TO REGULATE THE PRACTICE OF LAW

 CASES: The Constitution [Art. VIII, Sec. 5(5)] vests this power of control and
regulation in the Supreme Court. The constitutional power to admit candidates to
the legal profession is a judicial function and involves the exercise of
discretion. Petition to that end is filed with the Supreme Court as are other
proceedings invoking judicial function [In re: Almacen 31 SCRA 562]
The SC acts through a Bar Examination Committee in the exercise of its judicial
function to admit candidates to the legal profession. Thus, the Committee is
composed of a member of the Court who acts as Chairman and 8 members of the bar who
acts as examiners in the 8 bar subjects with one subject assigned to each. [In re
Lanuevo, 66 SCRA 245]
The power of the SC to regulate the practice of law includes the authority to:
1. Define the term
2. Prescribe the qualifications of a candidate to and the subjects of the bar
examinations
3. Decide who will be admitted to practice
4. Discipline, suspend or disbar any unfit and unworthy member of the bar
5. Reinstate any disbarred or indefinitely suspended attorney
6. Ordain the integration of the Philippine Bar
7. Punish for contempt any person for unauthorized practice of law
8. Exercise overall supervision of the legal profession
9. Exercise any other power as may be necessary to elevate the standards of the
bar and preserve its integrity.

On the other hand, the LEGISLATURE, in the exercise of its POLICE POWER may,
however, enact laws regulating the practice of law to protect the public and
promote the public welfare. But the legislature MAY NOT pass a law that will
control the SC in the performance of its function to decide who may enjoy the
privilege of practicing law and any law of that kind is unconstitutional as an
invalid exercise of legislative power.

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