LEGAL PROFESSION

AND LEGAL RESEARCH

Source: Legal Research and Bibliography by Ng, Po, and Po
LEGAL RESEARCH Tuesday 7:30-9:30
Atty. Patricia Gail Cayco-Magbanua
 Constitutional and Statutory Basis of Legal
Practice
• Section 14 of Article XII of the 1987 Constitution provides:
• Section 14. “The sustained development of a reservoir of national talents consisting of
Filipino xx professionals xx shall be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the national benefit. The practice of
all professions in the Philippines shall be limited to Filipino citizens, save in cases
prescribed by law.”
• The admission to the bar is indisputably a judicial function by responsibility.
The court should have the exclusive privilege of admitting persons to the
legal profession because lawyers are officers of the court and it is demanded
by the Doctrine of Separation of Powers.
• The Constitution has given the Supreme Court the authority to promulgate
rules concerning the admission to the practice of law in the Philippines under
Sec. 5, Art. VII, which states:
• “Section 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of
Constitutional rights, pleading, practice, and procedure in all courts, the admission to
practice, of law, integrated bar, and legal assistance to the underprivileged..”
• Pursuant to such authority, the Supreme Court laid down the rules regarding
the qualifications for a person to be admitted to the practice of law in the
Philippines. These are contained in Sec. 1, Rule 138 of the Rules of Court:
• “Section 1, Rule 138. Who may practice law. -- Any person hereto duly licensed as a member
of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and
who is in good and regular standing, is entitled to practice law.”
 Practice of Legal Profession is a Privilege and
not a Right.
• As such, it is necessary as a matter of public policy and in the interests of
public safety and welfare to provide laws and provisions covering the
granting of that privilege and its subsequent use and control, and to provide
regulations to the end that the public shall be promoted and that the public
shall be properly protected against unprofessional, improper, unauthorized,
and unqualified practice of the legal professions and from unprofessional
conduct by persons licensed to practice law.
 Requirement for Admission to the Bar
• The following are the requirements for admission as a member of the bar:
• A citizen of the Philippines;
• At least twenty-one (21) years of age;
• Of good moral character;
• Must produce before the Supreme Court satisfactory evidence of good moral character;
• No charges against him involving moral turpitude have been filed or are pending before
any court in the Philippines.
 Admission and Oath of Successful Applicants

• An applicant who has passed the required examination, or has been

otherwise found to be entitled to admission to the bar, shall take and
subscribe before the Supreme Court the corresponding oath of office.
• The person admitted shall then sign the roll of attorneys.
 Definition of Practice of Legal Profession
• Black’s Law Dictionary defines practice of law a follows:
• “The rendition of services requiring the knowledge and the application of legal
principles and technique to serve the interest of another with his consent. xxx It
embraces all advice to clients and all actions taken for them in matters connected with
the law.”
 Legal Research is an Essential Lawyering Skill

• The ability to conduct legal research is essential for lawyers, regardless of area
or type of practice. The most basic step in legal research is to find the leading
case governing the issues in question.
• Legal Research is difficult for the following reasons
• Often, the issues are not correctly identified or some issues are missed altogether.
• The law is constantly changing.
• In many areas, there are conflicting decisions, or no binding authority.
• Finding the law is an important part of legal research, but the ability to
analyze what you have found and reach a conclusion or formulate an
argument based on it is just as essential.
 Standard of Legal Research Required
• Legal Research is a daily task of a lawyer. Canon 5 of the Code of
Professional Responsibility states the following:
• CANON 5 - A lawyer shall keep abreast of legal developments, participate in continuing
legal education programs, support efforts to achieve high standards in law schools as
well as in the practical training of law students and assist in disseminating information
regarding the law and juriprudence.
END