LEGAL PROFESSION

Law and its Nature

 Ignorantia legis nonexcusat- ignorance of the law excuses no one from compliance therewith
 Laws are rule of conduct, just and obligatory, formulated by legitimate authority for common observance and benefit.
 Publication is an indispensable requirement for the effectivity of a law so that the people will be given an opportunity to
know the law that governs them. Does not only apply to laws with general application but also to laws with local
application such as city charters, ordinances, private laws, executive orders, etc.
 Internal and interpretative regulations however, need not be published.

Legal Profession
 Legal profession is a branch of an administration of justice whose aim is to aid in the doing of justice according to law
between individual and state, and man and man.
 It is a profession which is practiced in the spirit of public service. It is considered as one of the noblest profession in the
world since its primary and paramount objective is to obtain justice efficiently and effectively, and not to seek monetary
gain or profit.
 Lawyers are regarded with high esteem in their respective communities, with their advice sought both by the affluent
and the poor. Needless to say, with everyone deserving impartial treatment before the law, a lawyer’s service is
indispensable.
 And not everyone can enter into the practice of the legal profession since the privilege is for those who are
academically, intellectually, and morally competent.

Popularity of the Legal Profession as a Career

 Article 152 of RPC- lawyers in the actual performance of their duties are deemed as persons in authority.
 RA 1080- lawyers have first degree civil service eligibility
 CHED Resolution 038-20011- Bachelor’s Degree with Bar eligibility equivalent to Master’s Degree
 CSC MC No. -1a of 1997- Bachelor of Laws qualified for division chief positions, as long as the meet the other
requirements for the post.
 PNP Reform Act- requirements for promotion is educational attainment which includes law degree

Legal Education in the Philippines

 Two sources of legal education in the Philippines: (1) Spain which gave the Roman civil law and the canon law, and (2) US
for the English common law.
 Another source of legal education is the Indo-Malayan influence- Islamic law
 1911- legal education requirement: HS degree and 3-year law course
 1960- Sec 6, Rule 138 of Rules of Court: amended to require 4-year bachelor’s degree in arts and sciences, and for years
of legal studies
 RA 7662- Legal Education Reform Act; created the Legal Education Board
 Legal Education Board- vested by powers to oversee the administration of the legal education system, supervision of law
schools, setting of standards for accreditation of law schools prescription of minimum standards for law admission, and
minimum qualifications and compensation for faculty members
 September 2017- implemented the PHILSAT, Philippine Law School Admission Test, standardized national examination
to measure academic potential of student seeking to study law.
 Pimentel vs. Legal Education Board- PHILSAT was declared as unconstitutional because of being ultra vires (Beyond the
legal power or authority of LEB)
(1) The act excluded, limited, and restricted qualifying admissions to law schools which are the institutional academic
freedom of the schools
(2) Act and practice of LEB to dictate the qualifications and requirements of faculty members, dean and dean of
graduate schools
(3) Act and practice of LEB in dictating the policies on the establishment of legal apprenticeship and legal internship
 LEB violated institutional academic freedom
 LEB also encroached the power of the SC by:
(1) Including continuing legal education as an aspect of legal education subject to executive supervision and control
(2) Including the objective of the legal profession to increase awareness among members the needs of the poor,
deprived, and oppressed
(3) Giving power to LEB to establish a law practice internship as a requirement for taking the bar
(4) Adopting the MCLE and to provide for the mandatory attendance of practicing lawyers in such courses.
 Bar Matter 850- Court implemented the MCLE
 Community Legal Aid Service Rule- rendering 120 hours of pro-bono legal aid services: suspended

Legal profession vs. Business

 Is different because the legal profession has a duty of public service- can be achieved or performed without earning
while the primary objective of businesses are to generate profit.
 The practice of law is based on public trust, the performance of practice of the professions is entrusted to those who are
qualified and possess good moral character
 3 Ideas involved in the practice of the professions: organization, learning and spirit of public service
Practice of Law
 Regarded as a privilege and is bestowed only to those who possess and continue to possess qualifications required by
law
 Also a right in someway, since lawyer canont be prevented to practice law except upon valid cause

Standards of the Legal Profession

Law is a service professions- Justice Vicente Mendoza and can be measured by: 1
1. Independence
2. Accessibility- legal services should be made available at the earliest possible time.
3. Learning- a lawyer must serve his client with competence and diligence (Code of Professional responsibility)

Lawyer Attorney
Officer of the court Class of persons who are by license
Although employed by a party in the case, he constituted officers of courts of justice
is not part of the case Empowered to appear and prosecute
He has disassociate himself from the facts of and/or defend someone and on whom
the case , primary purpose is to stand by the peculiar duties, responsibilities, and
truth. liabilities are devolved by law
First duty is administration of justice, second Quasi-officer of the court subject to
is duty to client regulation
Employed by a party in a case to manage
the same for him.

 Members of the Shari’a Bar are not full-fledged member of the Philippine bar and can only practice in Shari’a courts
 Attorney is reserved for those who after earning the necessary degree from the study of law, had successfully taken the
Bar Examinations, have been admitted to the IBP, and remain members thereof of good standing.

Basic Skills and Abilities required in the Study of the Law

1. Dreams. Ambition
2. Perseverance
3. Patience

Dean Fortunato Gupit’s 3 L’s: Language, Logic and Law