NOTES ON LEGAL & JUDICIAL b.

Profession, not a business

ETHICS & PRACTICAL -advertising allowed, but regulated. (self-
laudation frowned upon)
EXERCISES
2. Qualifications for Admission to the
A. PRACTICE OF LAW (HACA) Bar (Bar Matter No. 1153)

Cayetano VS Monsod Only Natural persons can practice law

Requisites:
Ulep VS Legal Aid Clinic
(1) Habituality
-Juridical entities cannot practice Law
(2) Application of knowledge of law
(3) Compensation
(4) Attorney-Client Relationship Requisites:
(1) Citizen (at time of taking bar +
Teaching in college of law= practice of law continuing reqs) In Re Ching Case=
Practice= Private/ public Naturalization
(2) 21, y/o
1. Concept (3) Residence (continuing)
a. Privilege (Professional) (4) GMC
-pass bar (PRESUMPTIVE LAWYER >_<) -> (5) no charges involving offenses CIMT
take oath -> sign roll (BTS) (6) BTS
-not demandable
-ATTY= Aral, Tapang, Tyaga, Yaweh. Citizen= PH
-oath of allegiance
Aguirre VS Arrana -Art XII, Sec14- Practice of profession in
-law student agreed to lawyer for a Mayor the PH limited to Filipino citizens
before municipal board of canvassers ->
passed the bar exams -> unauthorized Age
practice. Not allowed to sign roll while -age of majority
case is pending -academic compliance
(Runstrom =lol)
GMC
Edwin Rana Case. -lawyers are priest of justice in the high
temples of the law
2013 CASE; CJ Sereno -In Re Argosino case
-did not sign roll but practiced corporate -evidence of GMC
law. File petition to sign roll belatedly but -unlawful, deceitful, immoral, dishonest
1 year later-> suspended (but not a full- (Canon 1, CPR)
fledged lawyer)
CIMT
BTS + continuing GMC & citizenship + -offends sensibilities
pay IBP dues + -lawyer convicted of BP 22 case,

IBP Dues Pending cases

Andrei Tony case- not paying IBP dues a) before taking bar- no permit issued
(member not in good standing) – proved by b) during bar- considered failure
certificate of members in good standing. c) after passing bar- oath & signing in
abeyance
 -imprescriptible
3. Continuing requirements for
membership in the bar
a) Good moral Character
-UDID
-Disbarment (sui generis) = imposed for
the gravest of offenses (CIMT)
-Argosino
-not paying credit card
-promise to marry with sexual congress
(generally sa civil, not actionable unless
actual damages)
“Theory of Consenting Adults”= not UDID
naman.
b) Citizenship; Reacquisition of
privilege to practice law in the PH **
-continuing
1) retake oath
2) pay IBP dues + professional tax
3) MCLE
4) Reacquire (R.A. 9225)
5)
4) Appearance of Non-lawyers
a) Law student practice (Rule 138-A)
(A.M. No. 19-03-24-SC)
-limited practice of law by certified
students
Covers:
-appearances, drafting & submission of
pleadings & documents before trial &
appellate courts & quasi-judicial &
admin bodies
-assist in mediation & other ADR
-legal counselling & advice
-other activities covered by Clinical
Legal Education Program of law school
Eligibility of Law Students Practitioners
-apply & secure CERTIFICATIONS:
1) Level 1- LS completed 1st year courses
2) Level 2- LS currently enrolled for 2nd
sem of their 3rd year law course
b) Non-lawyers in courts
-for yourself
-with aid of agent or friend appointed by
him represented by known probity &
intellect (138.34)
-law student practice
-138.22- (note on withdrawal as lawyer)
c) Non-lawyers in administrative
tribunals & labor tribunals
-PAMDi
d) Proceedings where lawyers are
prohibited from appearing
-Brgy. Conciliation
exempted from MCLE din to
5) Sanctions for practice or
appearance without authority
-138.21- Authority to appear
a) Lawyers without authority
-
b) Persons not lawyers
CARONAN VS CARONAN (2016)
-used name of his brother to take & pass
bar
SC: qualified to take bar, but perpetually
DQ from becoming lawyer.
Limited DQ to practice
6) Public officials and practice of law
- 1 year ban
-PAO Lawyer represented his father in a
case,
a) Prohibition or disqualification of
former government attorneys
7) Lawyers authorized to represent the
government
8) Lawyer’s Oath
I, Veronica J. Nebreja, do solemnly
swear that I will maintain allegiance
to the Republic of the Philippines;

(Sec 27)

Duties