PRACTICE OF LAW

 Generally, to practice law is to give notice or render any kind of service, which device or
service requires the use in any degree of legal knowledge or skill (Cayetano vs Monsod,
Sept 3 1991)

WHAT CONSTITUTES PRACTICE OF LAW

 It covers any activity, in or out of court which requires the application of law, legal
principles, practice or procedure and calls for legal knowledge, training and experience
(Phil Lawyer’s Assoc vs Agrava Feb 16 1959)

Resureccion vs Atty. Sayson Dec 14 1988

 Law is a noble profession, and the privilege to practice it is bestowed only upon
individuals who are competend intellectually, academically and, equally importany,
morally.

ESSENTIAL CRITERIA IN DETERMINING ENGAGEMENT IN THE PRACTICE OF LAW

(Cayetano vs Monsod, Padilla Dissenting Opinion)
 Habituality – implies customarily holding oneself out to the public as a lawyer
 Compensation – implies that one must have presented himself to be in the active
practice and that his professional services are available to the public for compensation
as a source of his livelihood or in consiceration of his said services
 Application of law, legal principle, practice or procedure which calls for legal knowledge,
training and experience
 Attorney-client relationships

THE PRACTICE OF LAW IS A PRIVILEGE

 The practice of law is basically a privilege because it is limited to persons of good moral
character with special qualifications duly ascertained and certified
 The practice of law is not natural, property or constitutional right but a mere privilege
 But while the practice of law is a privilege, a lawyer cannot be prevented from practicing
law except for valid resons, the practice of law not being a matter of state’s grace or
favor (In Re: Argosino, July 13, 1995)
 (Meracal vs Atty Velasquez, June 29, 2010) The practice of law is not a right but a
privilege bestowed by the state upon those who show that they possess, and continue
to possess, the qualifications required by law for the conferment of such privilege

ARTICLE XIV, SEC 5(3)

 Every citizen has a right to select a profession or course of study, subject to fair,
reasonable and equitable admission and academic requirements

DECS vs San Diego, Dec 21 1989

  A person cannot insist on being a physician if he will be a menace to his patients. If one
who wants to be a lawyer may prove better as a plumber, he should be so advised and
adviced. Of course, he may not forced to be a plumber, but on the other hand he may
not force his entry into the bar.
 We cannot have a society of square pegs in round holes, of dentists who should never
have left the farm and engineers who should have studied banking and teachers who
could be better as merchants

BASIC REQUIREMENTS FOR ALL APPLICANTS FOR ADMISSION TO THE BAR – SEC 2 RULE 138
 A citizen of the Philippines
 At least 21 years of age
 Resident of the Philippines
 Must produce befor the SC satisfactory evidence of good moral character
 No charges against him, involving moral turpitude, have been filed or are pending in any
court in the Philippines
 Must have complied with the academic requirements
 (BAR MATTER NO. 1153, MARCH 9, 2010): SECTION 5, RULE 138: A Filipino citizen “who
graduated from a foreign law school shall be admitted to the bar examination only upon
submission to the Supreme Court of certifications showing:
a. Completion of all courses leading to the degree of Bachelor of Laws or its
equivalent degree;
b. Recognition or accreditation of the law school by the proper authoriy; and
c. Completion of all fourth year subjects in the Bachelor of Laws academic
program in a law school duly recognized by the Philippine Government
o A Filipino citizen who completed and obtained his or her degree in Bachelor of
Laws or its equivalent in a foreign school must also present proof of completion
of a separate bachelor’s degree.
o Those who are required to take the fourth year refresher course shall be
required to complete the same within a maximum period of two years beginning
their initial enrollment;
o Those who have completed the fourth year refresher course shall be given a
maximum period of up to three years within which to take the Bar Examinations