March 23, 1929
will exercise my legal profession as a lawyer and
In re LUIS B. TAGORDA,
Duran & Lim for respondent.
Attorney-General Jaranilla and Provincial Fiscal Jose for
the Government.
MALCOLM, J.:
The respondent, Luis B. Tagorda, a practising attorney
and a member of the provincial board of Isabela, admits
that previous to the last general elections he made use
of a card written in Spanish and Ilocano, which, in
translation, reads as follows:
LUIS B. TAGORDA
Attorney
Notary Public
CANDIDATE FOR THIRD MEMBER
Province of Isabela
(NOTE. — As notary public, he can execute for
you a deed of sale for the purchase of land as
required by the cadastral office; can renew lost
documents of your animals; can make your
application and final requisites for your
homestead; and can execute any kind of
affidavit. As a lawyer, he can help you collect
your loans although long overdue, as well as any
complaint for or against you. Come or write to
him in his town, Echague, Isabela. He offers free
consultation, and is willing to help and serve the
poor.)
The respondent further admits that he is the author of a
letter addressed to a lieutenant of barrio in his home
municipality written in Ilocano, which letter, in translation,
reads as follows:
ECHAGUE, ISABELA, September 18, 1928
MY DEAR LIEUTENANT: I would like to inform
you of the approaching date for our induction
into office as member of the Provincial Board,
that is on the 16th of next month. Before my
induction into office I should be very glad to hear
your suggestions or recommendations for the
good of the province in general and for your
barrio in particular. You can come to my house
at any time here in Echague, to submit to me
any kind of suggestion or recommendation as
you may desire.
I also inform you that despite my membership in
the Board I will have my residence here in
Echague. I will attend the session of the Board
of Ilagan, but will come back home on the
following day here in Echague to live and serve
with you as a lawyer and notary public. Despite
my election as member of the Provincial Board, I
notary public. In case you cannot see me at
home on any week day, I assure you that you
can always find me there on every Sunday. I
also inform you that I will receive any work
regarding preparations of documents of contract
of sales and affidavits to be sworn to before me
as notary public even on Sundays.
I would like you all to be informed of this matter
for the reason that some people are in the belief
that my residence as member of the Board will
be in Ilagan and that I would then be disqualified
to exercise my profession as lawyer and as
notary public. Such is not the case and I would
make it clear that I am free to exercise my
profession as formerly and that I will have my
residence here in Echague.
I would request you kind favor to transmit this
information to your barrio people in any of your
meetings or social gatherings so that they may
be informed of my desire to live and to serve
with you in my capacity as lawyer and notary
public. If the people in your locality have not as
yet contracted the services of other lawyers in
connection with the registration of their land
titles, I would be willing to handle the work in
court and would charge only three pesos for
every registration.
Yours respectfully,
(Sgd.) LUIS TAGORDA
Attorney
Notary Public.
The facts being conceded, it is next in order to write
down the applicable legal provisions. Section 21 of the
Code of Civil Procedure as originally conceived related
to disbarments of members of the bar. In 1919 at the
instigation of the Philippine Bar Association, said codal
section was amended by Act No. 2828 by adding at the
end thereof the following: "The practice of soliciting
cases at law for the purpose of gain, either personally or
through paid agents or brokers, constitutes malpractice."
The statute as amended conforms in principle to the
Canons of Professionals Ethics adopted by the American
Bar Association in 1908 and by the Philippine Bar
Association in 1917. Canons 27 and 28 of the Code of
Ethics provide:
27. ADVERTISING, DIRECT OR INDIRECT. —
The most worthy and effective advertisement
possible, even for a young lawyer, and
especially with his brother lawyers, is the
establishment of a well-merited reputation for
professional capacity and fidelity to trust. This
cannot be forced, but must be the outcome of
 character and conduct. The publication or
circulation of ordinary simple business cards,
being a matter of personal taste or local custom,
and sometimes of convenience, is not per
se improper. But solicitation of business by
circulars or advertisements, or by personal
communications or interview not warranted by
personal relations, is unprofessional. It is equally
unprofessional to procure business by
indirection through touters of any kind, whether
allied real estate firms or trust companies
advertising to secure the drawing of deeds or
wills or offering retainers in exchange for
executorships or trusteeships to be influenced
by the lawyer. Indirect advertisement for
business by furnishing or inspiring newspaper
comments concerning the manner of their
conduct, the magnitude of the interest involved,
the importance of the lawyer's position, and all
other like self-laudation, defy the traditions and
lower the tone of our high calling, and are
intolerable.
28. STIRRING UP LITIGATION, DIRECTLY OR
THROUGH AGENTS. — It is unprofessional for
a lawyer to volunteer advice to bring a lawsuit,
except in rare cases where ties of blood,
relationship or trust make it his duty to do so.
Stirring up strife and litigation is not only
unprofessional, but it is indictable at common
law. It is disreputable to hunt up defects in titles
or other causes of action and inform thereof in
order to the employed to bring suit, or to breed
litigation by seeking out those with claims for
personal injuries or those having any other
grounds of action in order to secure them as
clients, or to employ agents or runners for like
purposes, or to pay or reward directly or
indirectly, those who bring or influence the
bringing of such cases to his office, or to
remunerate policemen, court or prison officials,
physicians, hospital attaches or others who may
succeed, under the guise of giving disinterested
friendly advice, in influencing the criminal, the
sick and the injured, the ignorant or others, to
seek his professional services. A duty to the
public and to the profession devolves upon
every member of the bar having knowledge of
such practices upon the part of any practitioner
immediately to inform thereof to the end that the
offender may be disbarred.
Common barratry consisting of frequently stirring up
suits and quarrels between individuals was a crime at
the common law, and one of the penalties for this
offense when committed by an attorney was disbarment.
Statutes intended to reach the same evil have been
provided in a number of jurisdictions usually at the
instance of the bar itself, and have been upheld as
constitutional. The reason behind statutes of this type is
not difficult to discover. The law is a profession and not a
business. The lawyer may not seek or obtain
employment by himself or through others for to do so
would be unprofessional. (State vs. Rossman [1909], 53
Wash., 1; 17 Ann. Cas., 625; People vs. Mac Cabe
[1893], 19 L. R. A., 231; 2 R. C. L., 1097.)
It becomes our duty to condemn in no uncertain terms
the ugly practice of solicitation of cases by lawyers. It is
destructive of the honor of a great profession. It lowers
the standards of that profession. It works against the
confidence of the community in the integrity of the
members of the bar. It results in needless litigation and
in incenting to strife otherwise peacefully inclined
citizens.
The solicitation of employment by an attorney is a
ground for disbarment or suspension. That should be
distinctly understood.
Giving application of the law and the Canons of Ethics to
the admitted facts, the respondent stands convicted of
having solicited cases in defiance of the law and those
canons. Accordingly, the only remaining duty of the court
is to fix upon the action which should here be taken. The
provincial fiscal of Isabela, with whom joined the
representative of the Attorney-General in the oral
presentation of the case, suggests that the respondent
be only reprimanded. We think that our action should go
further than this if only to reflect our attitude toward
cases of this character of which unfortunately the
respondent's is only one. The commission of offenses of
this nature would amply justify permanent elimination
from the bar. But as mitigating, circumstances working in
favor of the respondent there are, first, his intimation that
he was unaware of the impropriety of his acts, second,
his youth and inexperience at the bar, and, third, his
promise not to commit a similar mistake in the future. A
modest period of suspension would seem to fit the case
of the erring attorney. But it should be distinctly
understood that this result is reached in view of the
considerations which have influenced the court to the
relatively lenient in this particular instance and should,
therefore, not be taken as indicating that future
convictions of practice of this kind will not be dealt with
by disbarment.
In view of all the circumstances of this case, the
judgment of the court is that the respondent Luis B.
Tagorda be and is hereby suspended from the practice
as an attorney-at-law for the period of one month from
April 1, 1929,
Street, Johns, Romualdez, and Villa-Real, JJ., concur.
Johnson, J., reserves his vote.

AC No. 99-634 - June 10, 2002
DOMINADOR P. BURBE, Complainant, vs. ATTY. ALBERTO
C. MAGULTA, Respondent.
PANGANIBAN, J.:
After agreeing to take up the cause of a client, a lawyer owes
fidelity to both cause and client, even if the client never paid
any fee for the attorney-client relationship. Lawyering is not a
business; it is a profession in which duty to public service, not
money, is the primary consideration.
The Case
Before us is a Complaint for the disbarment or suspension or
any other disciplinary action against Atty. Alberto C. Magulta.
Filed by Dominador P. Burbe with the Commission on Bar
Discipline of the Integrated Bar of the Philippines (IBP) on June
14, 1999, the Complaint is accompanied by a Sworn Statement
alleging the following:
"x x x - x x x - x x x
"That in connection with my business, I was introduced to Atty.
Alberto C. Magulta, sometime in September, 1998, in his office
at the Respicio, Magulta and Adan Law Offices at 21-B Otero
Building, Juan de la Cruz St., Davao City, who agreed to
legally represent me in a money claim and possible civil case
against certain parties for breach of contract;
"That consequent to such agreement, Atty. Alberto C. Magulta
prepared for me the demand letter and some other legal
papers, for which services I have accordingly paid; inasmuch,
however, that I failed to secure a settlement of the dispute,
Atty. Magulta suggested that I file the necessary complaint,
which he subsequently drafted, copy of which is attached as
Annex A, the filing fee whereof will require the amount of
Twenty Five Thousand Pesos (P25,000.00);
"That having the need to legally recover from the parties to be
sued I, on January 4, 1999, deposited the amount
of P25,000.00 to Atty. Alberto C. Magulta, copy of the Receipt
attached as Annex B, upon the instruction that I needed the
case filed immediately;
"That a week later, I was informed by Atty. Alberto C. Magulta
that the complaint had already been filed in court, and that I
should receive notice of its progress;
"That in the months that followed, I waited for such notice from
the court or from Atty. Magulta but there seemed to be no
progress in my case, such that I frequented his office to
inquire, and he would repeatedly tell me just to wait;
"That I had grown impatient on the case, considering that I am
told to wait [every time] I asked; and in my last visit to Atty.
Magulta last May 25, 1999, he said that the court personnel
had not yet acted on my case and, for my satisfaction, he even
brought me to the Hall of Justice Building at Ecoland, Davao
City, at about 4:00 p.m., where he left me at the Office of the
City Prosecutor at the ground floor of the building and told to
wait while he personally follows up the processes with the
Clerk of Court; whereupon, within the hour, he came back and
told me that the Clerk of Court was absent on that day;
"That sensing I was being given the run-around by Atty.
Magulta, I decided to go to the Office of the Clerk of Court with
my draft of Atty. Magulta's complaint to personally verify the
progress of my case, and there told that there was no record at
all of a case filed by Atty. Alberto C. Magulta on my behalf,
copy of the Certification dated May 27, 1999, attached as
Annex C;
"That feeling disgusted by the way I was lied to and treated, I
confronted Atty. Alberto C. Magulta at his office the following
day, May 28, 1999, where he continued to lie to with the
excuse that the delay was being caused by the court
personnel, and only when shown the certification did he admit
that he has not at all filed the complaint because he had spent
the money for the filing fee for his own purpose; and to
appease my feelings, he offered to reimburse me by issuing
two (2) checks, postdated June 1 and June 5, 1999, in the
amounts of P12,000.00 and P8,000.00, respectively, copies of
which are attached as Annexes D and E;
"That for the inconvenience, treatment and deception I was
made to suffer, I wish to complain Atty. Alberto C. Magulta for
misrepresentation, dishonesty and oppressive conduct;"
x x x - x x x - x x x.1
On August 6, 1999, pursuant to the July 22, 1999 Order of the
IBP Commission on Bar Discipline,2 respondent filed his
Answer3 vehemently denying the allegations of complainant
"for being totally outrageous and baseless." The latter had
allegedly been introduced as a kumpadre of one of the
former's law partners. After their meeting, complainant
requested him to draft a demand letter against Regwill
Industries, Inc. -- a service for which the former never paid.
After Mr. Said Sayre, one of the business partners of
complainant, replied to this letter, the latter requested that
another demand letter -- this time addressed to the former -- be
drafted by respondent, who reluctantly agreed to do so.
Without informing the lawyer, complainant asked the process
server of the former's law office to deliver the letter to the
addressee.
Aside from attending to the Regwill case which had required a
three-hour meeting, respondent drafted a complaint (which was
only for the purpose of compelling the owner to settle the case)
and prepared a compromise agreement. He was also
requested by complainant to do the following:
1. Write a demand letter addressed to Mr. Nelson Tan
2. Write a demand letter addressed to ALC Corporation
3. Draft a complaint against ALC Corporation
4. Research on the Mandaue City property claimed by
complainant's wife
All of these respondent did, but he was never paid for his
services by complainant.
Respondent likewise said that without telling him why,
complainant later on withdrew all the files pertinent to the
Regwill case. However, when no settlement was reached, the
latter instructed him to draft a complaint for breach of contract.
Respondent, whose services had never been paid by
complainant until this time, told the latter about his acceptance
and legal fees. When told that these fees amounted
to P187,742 because the Regwill claim was almost P4 million,
complainant promised to pay on installment basis.
On January 4, 1999, complainant gave the amount of P25,000
to respondent's secretary and told her that it was for the filing
fee of the Regwill case. When informed of the payment, the
lawyer immediately called the attention of complainant,
informing the latter of the need to pay the acceptance and filing
fees before the complaint could be filed. Complainant was told
that the amount he had paid was a deposit for the acceptance
fee, and that he should give the filing fee later.
Sometime in February 1999, complainant told respondent to
suspend for the meantime the filing of the complaint because
the former might be paid by another company, the First
Oriental Property Ventures, Inc., which had offered to buy a
parcel of land owned by Regwill Industries. The negotiations
went on for two months, but the parties never arrived at any
agreement.
Sometime in May 1999, complainant again relayed to
respondent his interest in filing the complaint. Respondent
reminded him once more of the acceptance fee. In response,
complainant proposed that the complaint be filed first before
payment of respondent's acceptance and legal fees. When
respondent refused, complainant demanded the return of
the P25,000. The lawyer returned the amount using his own
personal checks because their law office was undergoing
extensive renovation at the time, and their office personnel
were not reporting regularly. Respondent's checks were
accepted and encashed by complainant.
Respondent averred that he never inconvenienced, mistreated
or deceived complainant, and if anyone had been
shortchanged by the undesirable events, it was he.
The IBP's Recommendation
In its Report and Recommendation dated March 8, 2000, the
Commission on Bar Discipline of the Integrated Bar of the
Philippines (IBP) opined as follows:
"x x x [I]t is evident that the P25,000 deposited by complainant
with the Respicio Law Office was for the filing fees of the
Regwill complaint. With complainant's deposit of the filing fees
for the Regwill complaint, a corresponding obligation on the
part of respondent was created and that was to file the Regwill
complaint within the time frame contemplated by his client, the
complainant. The failure of respondent to fulfill this obligation
due to his misuse of the filing fees deposited by complainant,
and his attempts to cover up this misuse of funds of the client,
which caused complainant additional damage and prejudice,
constitutes highly dishonest conduct on his part, unbecoming a
member of the law profession. The subsequent reimbursement
by the respondent of part of the money deposited by
complainant for filing fees, does not exculpate the respondent
for his misappropriation of said funds. Thus, to impress upon
the respondent the gravity of his offense, it is recommended
that respondent be suspended from the practice of law for a
period of one (1) year."4
The Court's Ruling
We agree with the Commission's recommendation.
Main Issue:
Misappropriation of Client's Funds
Central to this case are the following alleged acts of
respondent lawyer: (a) his non-filing of the Complaint on behalf
of his client and (b) his appropriation for himself of the money
given for the filing fee.
Respondent claims that complainant did not give him the filing
fee for the Regwill complaint; hence, the former's failure to file
the complaint in court. Also, respondent alleges that the
amount delivered by complainant to his office on January 4,
1999 was for attorney's fees and not for the filing fee.
We are not persuaded. Lawyers must exert their best efforts
and ability in the prosecution or the defense of the client's
cause. They who perform that duty with diligence and candor
not only protect the interests of the client, but also serve the
ends of justice. They do honor to the bar and help maintain the
respect of the community for the legal profession. 5 Members of
the bar must do nothing that may tend to lessen in any degree
the confidence of the public in the fidelity, the honesty, and
integrity of the profession.6
Respondent wants this Court to believe that no lawyer-client
relationship existed between him and complainant, because
the latter never paid him for services rendered. The former
adds that he only drafted the said documents as a personal
favor for the kumpadre  of one of his partners.
We disagree. A lawyer-client relationship was established from
the very first moment complainant asked respondent for legal
advice regarding the former's business. To constitute
professional employment, it is not essential that the client
employed the attorney professionally on any previous
occasion. It is not necessary that any retainer be paid,
promised, or charged; neither is it material that the attorney
consulted did not afterward handle the case for which his
service had been sought.
If a person, in respect to business affairs or troubles of any
kind, consults a lawyer with a view to obtaining professional
advice or assistance, and the attorney voluntarily permits or
acquiesces with the consultation, then the professional
employment is established.7
Likewise, a lawyer-client relationship exists notwithstanding the
close personal relationship between the lawyer and the
complainant or the nonpayment of the former's fees.8 Hence,
despite the fact that complainant was kumpadre of a law
partner of respondent, and that respondent dispensed legal
advice to complainant as a personal favor to the kumpadre, the
lawyer was duty-bound to file the complaint he had agreed to
prepare -- and had actually prepared -- at the soonest possible
time, in order to protect the client's interest. Rule 18.03 of the
Code of Professional Responsibility provides that lawyers
should not neglect legal matters entrusted to them.
This Court has likewise constantly held that once lawyers
agree to take up the cause of a client, they owe fidelity to such
cause and must always be mindful of the trust and confidence
reposed in them.9 They owe entire devotion to the interest of
the client, warm zeal in the maintenance and the defense of
the client's rights, and the exertion of their utmost learning and
abilities to the end that nothing be taken or withheld from the
client, save by the rules of law legally applied.10
Similarly unconvincing is the explanation of respondent that the
receipt issued by his office to complainant on January 4, 1999
was erroneous. The IBP Report correctly noted that it was
quite incredible for the office personnel of a law firm to be
prevailed upon by a client to issue a receipt erroneously
indicating payment for something else. Moreover, upon
discovering the "mistake" -- if indeed it was one -- respondent
should have immediately taken steps to correct the error. He
should have lost no time in calling complainant's attention to
the matter and should have issued another receipt indicating
the correct purpose of the payment.
converted into his legal fees the filing fee entrusted to him by
his client and thus failed to file the complaint promptly. The fact
that the former returned the amount does not exculpate him
from his breach of duty.
On the other hand, we do not agree with complainant's plea to
disbar respondent from the practice of law. The power to disbar
must be exercised with great caution. Only in a clear case of
misconduct that seriously affects the standing and the
character of the bar will disbarment be imposed as a penalty.19
WHEREFORE, Atty. Alberto C. Magulta is found guilty of
violating Rules 16.01 and 18.03 of the Code of Professional
Responsibility and is hereby SUSPENDED from the practice of
law for a period of one (1) year, effective upon his receipt of
this Decision. Let copies be furnished all courts as well as the
Office of the Bar Confidant, which is instructed to include a
copy in respondent's file.
SO ORDERED.

The Practice of Law -- a

Profession, Not a Business

In this day and age, members of the bar often forget that the
practice of law is a profession and not a business. 11 Lawyering
is not primarily meant to be a money-making venture, and law
advocacy is not a capital that necessarily yields profits.12 The
gaining of a livelihood is not a professional but a secondary
consideration.13 Duty to public service and to the administration
of justice should be the primary consideration of lawyers, who
must subordinate their personal interests or what they owe to
themselves. The practice of law is a noble calling in which
emolument is a byproduct, and the highest eminence may be
attained without making much money.14

In failing to apply to the filing fee the amount given by

complainant -- as evidenced by the receipt issued by the law
office of respondent -- the latter also violated the rule that
lawyers must be scrupulously careful in handling money
entrusted to them in their professional capacity.15 Rule 16.01 of
the Code of Professional Responsibility states that lawyers
shall hold in trust all moneys of their clients and properties that
may come into their possession.

Lawyers who convert the funds entrusted to them are in gross

violation of professional ethics and are guilty of betrayal of
public confidence in the legal profession.16 It may be true that
they have a lien upon the client's funds, documents and other
papers that have lawfully come into their possession; that they
may retain them until their lawful fees and disbursements have
been paid; and that they may apply such funds to the
satisfaction of such fees and disbursements. However, these
considerations do not relieve them of their duty to promptly
account for the moneys they received. Their failure to do so
constitutes professional misconduct.17 In any event, they must
still exert all effort to protect their client's interest within the
bounds of law.

If much is demanded from an attorney, it is because the

entrusted privilege to practice law carries with it correlative
duties not only to the client but also to the court, to the bar, and
to the public.18 Respondent fell short of this standard when he
 Regrettably, however, there seems to be no jurisprudence as
to what constitutes practice of law as a legal qualification to an
appointive office.chanrobles virtual lawlibrary

Black defines "practice of law" as:jgc:chanrobles.com.ph

"The rendition of services requiring the knowledge and the

application of legal principles and technique to serve the
interest of another with his consent. It is not limited to
appearing in court, or advising and assisting in the conduct of
litigation, but embraces the preparation of pleadings, and other
papers incident to actions and special proceedings,
conveyancing, the preparation of legal instruments of all kinds,
and the giving of all legal advice to clients. It embraces all
advice to clients and all actions taken for them in matters
connected with the law. An attorney engages in the practice of
law by maintaining an office where he is held out to be an
[G.R. No. 100113. September 3, 1991.]
attorney, using a letterhead describing himself as an attorney,
counseling clients in legal matters, negotiating with opposing
RENATO L. CAYETANO, Petitioner, v. CHRISTIAN
counsel about pending litigation, and fixing and collecting fees
MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON
for services rendered by his associate." (Black’s Law
APPOINTMENTS, and HON. GUILLERMO CARAGUE in his
Dictionary, 3rd ed.).
capacity as Secretary of Budget and
Management, Respondents.
The practice of law is not limited to the conduct of cases in
court. (Land Title Abstract and Trust Co. v. Dworken, 129 Ohio
Renato L. Cayetano for and in his own behalf.
St. 23, 193 N.E. 650) A person is also considered to be in the
practice of law when he:jgc:chanrobles.com.ph
Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel
for petitioner.
". . . for valuable consideration engages in the business of
advising person, firms, associations or corporations as to their
rights under the law, or appears in a representative capacity as
DECISION an advocate in proceedings pending or prospective, before any
court, commissioner, referee, board, body, committee, or
commission constituted by law or authorized to settle
PARAS, J.: controversies and there, in such representative capacity
performs any act or acts for the purpose of obtaining or
defending the rights of their clients under the law. Otherwise
stated, one who, in a representative capacity, engages in the
We are faced here with a controversy of far-reaching business of advising clients as to their rights under the law, or
proportions While ostensibly only legal issues are involved, the while so engaged performs any act or acts either in court or
Court’s decision in this case would indubitably have a profound outside of court for that purpose, is engaged in the practice of
effect on the political aspect of our national existence. law." (State ex. rel. Mckittrick v. C.S. Dudley and Co., 102 S.W.
2d 895, 340 Mo. 852).
The 1987 Constitution provides in Section 1(1), Article IX-
C:jgc:chanrobles.com.ph This Court in the case of Philippine Lawyers Association v.
Agrava, (105 Phil. 173, 176-177) stated:jgc:chanrobles.com.ph
"There shall be a Commission on Elections composed of a
Chairman and six Commissioners who shall be natural-born "The practice of law is not limited to the conduct of cases or
citizens of the Philippines and, at the time of their appointment, litigation in court; it embraces the preparation of pleadings and
at least thirty-five years of age, holders of a college degree, other papers incident to actions and special proceedings, the
and must not have been candidates for any elective position in management of such actions and proceedings on behalf of
the immediately preceding elections. However, a majority clients before judges and courts, and in addition, conveying. In
thereof, including the Chairman, shall be members of the general, all advice to clients, and all action taken for them in
Philippine Bar who have been engaged in the practice of law matters connected with the law incorporation services,
for at least ten years." (Emphasis supplied) assessment and condemnation services contemplating an
appearance before a judicial body, the foreclosure of a
The aforequoted provision is patterned after Section 1(1), mortgage, enforcement of a creditor’s claim in bankruptcy and
Article XII-C of the 1973 Constitution which similarly insolvency proceedings, and conducting proceedings in
provides:jgc:chanrobles.com.ph attachment, and in matters of estate and guardianship have
been held to constitute law practice, as do the preparation and
"There shall be an independent Commission on Elections drafting of legal instruments, where the work done involves the
composed of a Chairman and eight Commissioners who shall determination by the trained legal mind of the legal effect of
be natural-born citizens of the Philippines and, at the time of facts and conditions." (5 Am. Jr. p. 262, 263). (Emphasis
their appointment, at least thirty-five years of age and holders supplied)
of a college degree. However, a majority thereof, including the
Chairman, shall be members of the Philippine Bar who have "Practice of law under modern conditions consists in no small
been engaged in the practice of law for al least ten years." part of work performed outside of any court and having no
(Emphasis supplied) immediate relation to proceedings in court. It embraces
conveyancing, the giving of legal advice on a large variety of
subjects, and the preparation and execution of legal members of the Bar does not necessarily refer or involve actual
instruments covering an extensive field of business and trust practice of law outside the COA. We have to interpret this to
relations and other affairs. Although these transactions may mean that as long as the lawyers who are employed in the
have no direct connection with court proceedings, they are COA are using their legal knowledge or legal talent in their
always subject to become involved in litigation. They require in respective work within COA, then they are qualified to be
many aspects a high degree of legal skill, a wide experience considered for appointment as members or commissioners,
with men and affairs, and great capacity for adaptation to even chairman, of the Commission on Audit.
difficult and complex situations. These customary functions of
an attorney or counselor at law bear an intimate relation to the "This has been discussed by the Committee on Constitutional
administration of justice by the courts. No valid distinction, so Commissions and Agencies and we deem it important to take it
far as concerns the question set forth in the order, can be up on the floor so that this interpretation may be made
drawn between that part of the work of the lawyer which available whenever this provision on the qualifications as
involves appearance in court and that part which involves regards members of the Philippine Bar engaging in the practice
advice and drafting of instruments in his office. It is of of law for at least ten years is taken up.
importance to the welfare of the public that these manifold
customary functions be performed by persons possessed of "MR. OPLE. Will Commissioner Foz yield to just one question.
adequate learning and skill, of sound moral character, and
acting at all times under the heavy trust obligations to clients "MR. FOZ. Yes, Mr. Presiding Officer.
which rests upon all attorneys." (Moran, Comments on the
Rules of Court, Vol. 3 [1953 ed.], p. 665-666, citing In re "MR. OPLE. Is he, in effect, saying that service in the COA by
Opinion of the Justices [Mass.], 194 N.E. 313, quoted in Rhode a lawyer is equivalent to the requirement of a law practice that
Is. Bar Assoc. v. Automobile Service Assoc. [R.I.] 179 A. 139, is set forth in the Article on the Commission on Audit?"
144). (Emphasis ours).
MR. FOZ. We must consider the fact that the work of COA
The University of the Philippines Law Center in conducting although it is auditing, will necessarily involve legal work; it will
orientation briefing for new lawyers (1974-1975) listed the involve legal work. And, therefore, lawyers who are employed
dimensions of the practice of law in even broader terms as in COA now would have the necessary qualifications in
advocacy, counseling and public service. accordance with the provision on qualifications under our
provisions on the Commission on Audit. And, therefore, the
"One may be a practicing attorney in following any line of answer is yes.
employment in the profession. If what he does exacts
knowledge of the law and is of a kind usual for attorneys "MR. OPLE. Yes. So that the construction given to this is that
engaging in the active practice of their profession, and he this is equivalent to the practice of law.
follows some one or more lines of employment such as this he
is a practicing attorney at law within the meaning of the "MR. FOZ. Yes, Mr. Presiding Officer.
statute." (Barr D. Cardell, 155 NW 312).
"MR. OPLE. Thank you."cralaw virtua1aw library
Practice of law means any activity, in or out of court, which
requires the application of law, legal procedure, knowledge, . . . (Emphasis supplied)
training and experience. "To engage in the practice of law is to
perform those acts which are characteristics of the profession. Section 1(1), Article IX-D of the 1987 Constitution, provides,
Generally, to practice law is to give notice or render any kind of among others, that the Chairman and two Commissioners of
service, which device or service requires the use in any degree the Commission on Audit (COA) should either be certified
of legal knowledge or skill." (111 ALR 23). public accountants with not less than ten years of auditing
practice, or members of the Philippine Bar who have been
The following records of the 1986 Constitutional Commission engaged in the practice of law for at least ten years. (Emphasis
show that it has adopted a liberal interpretation of the term supplied)
"practice of law." chanrobles virtual lawlibrary
Corollary to this is the term "private practitioner" and which is in
"MR. FOZ. Before we suspend the session, may I make a many ways synonymous with the word "lawyer." Today,
manifestation which I forgot to do during our review of the although many lawyers do not engage in private practice, it is
provisions on the Commission on Audit. May I be allowed to still a fact that the majority of lawyers are private practitioners.
make a very brief statement? (Gary Munneke, Opportunities in Law Careers [VGM Career
Horizons: Illinois), 1986], p. 15]).
"THE PRESIDING OFFICER (Mr. Jamir).
At this point, it might be helpful to define private practice. The
The Commissioner will please proceed. term, as commonly understood, means "an individual or
organization engaged in the business of delivering legal
"MR. FOZ. This has to do with the qualifications of the services." (Ibid.). Lawyers who practice alone are often called
members of the Commission on Audit. Among others, the "sole practitioners." Groups of lawyers are called "firms." The
qualifications provided for by Section 1 is that ‘They must be firm is usually a partnership and members of the firm are the
Members of the Philippine Bar’ — I am quoting from the partners. Some firms may be organized as professional
provision — ‘who have been engaged in the practice of law for corporations and the members called shareholders. In either
at least ten years.’" case, the members of the firm are the experienced attorneys.
In most firms, there are younger or more inexperienced
"To avoid any misunderstanding which would result in salaried attorneys called "associates." (Ibid.).
excluding members of the Bar who are now employed in the
COA or Commission on Audit, we would like to make the The test that defines law practice by looking to traditional areas
clarification that this provision on qualifications regarding of law practice is essentially tautologies, unhelpful defining the
practice of law as that which lawyers do. (Charles W. Wolfram,
Modern Legal Ethics [West Publishing Co.: Minnesota, 1986],
p. 593). The practice of law is defined as "the performance of
any acts . . . in or out of court, commonly understood to be the
practice of law. (State Bar Ass’n v. Connecticut Bank & Trust
Co., 145 Conn. 222, 140 A. 2d 863, 870 [1958] [quoting
Grievance Comm. v. Payne, 128 Conn. 325, 22 A. 2d 623, 626
[1941]). Because lawyers perform almost every function known
in the commercial and governmental realm, such a definition
would obviously be too global to be workable. (Wolfram, op.
cit.)
The appearance of a lawyer in litigation in behalf of a client is
at once the most publicly familiar role for lawyers as well as an
uncommon role for the average lawyer. Most lawyers spend
little time in courtrooms, and a large percentage spend their
entire practice without litigating a case. (Ibid., p. 593).
Nonetheless, many lawyers do continue to litigate and the
litigating lawyer’s role colors much of both the public image and
the self-perception of the legal profession.
(Ibid.).chanrobles.com:cralaw:red
In this regard thus, the dominance of litigation in the public
mind reflects history, not reality. (Ibid.). Why is this so? Recall
that the late Alexander Sycip, a corporate lawyer, once
articulated on the importance of a lawyer as a business
counselor in this wise: "Even today, there are still uninformed
laymen whose concept of an attorney is one who principally
tries cases before the courts. The members of the bench and
bar and the informed laymen such as businessmen, know that
in most developed societies today, substantially more legal
work is transacted in law offices than in the courtrooms.
General practitioners of law who do both litigation and non-
litigation work also know that in most cases they find
themselves spending more time doing what [is] loosely
describe[d] as business counseling than in trying cases. The
business lawyer has been described as the planner, the
diagnostician and the trial lawyer, the surgeon. I[t] need not
[be] stress[ed] that in law, as in medicine, surgery should be
avoided where internal medicine can be effective." (Business
Star, "Corporate Finance Law," Jan. 11, 1989, p. 4).
In the course of a working day the average general practitioner
will engage in a number of legal tasks, each involving different
legal doctrines, legal skills, legal processes, legal institutions,
clients, and other interested parties. Even the increasing
numbers of lawyers in specialized practice will usually perform
at least some legal services outside their specialty. And even
within a narrow specialty such as tax practice, a lawyer will
shift from one legal task or role such as advice-giving to an
importantly different one such as representing a client before
an administrative agency. (Wolfram, supra, p. 687).
By no means will most of this work involve litigation, unless the
lawyer is one of the relatively rare types — a litigator who
specializes in this work to the exclusion of much else. Instead,
the work will require the lawyer to have mastered the full range
of traditional lawyer skills of client counselling, advice-giving,
document drafting, and negotiation. And increasingly lawyers
find that the new skills of evaluation and mediation are both
effective for many clients and a source of employment. (Ibid.).
Most lawyers will engage in non-litigation legal work or in
litigation work that is constrained in very important ways, at
least theoretically, so as to remove from it some of the salient
features of adversarial litigation. Of these special roles, the
most prominent is that of prosecutor. In some lawyers’ work the
constraints are imposed both by the nature of the client and by
the way in which the lawyer is organized into a social unit to
perform that work. The most common of these roles are those
of corporate practice and government legal service. (Ibid.).
In several issues of the Business Star, a business daily, herein
below quoted are emerging trends in corporate law practice, a
departure from the traditional concept of practice of law.
We are experiencing today what truly may be called a
revolutionary transformation in corporate law practice. Lawyers
and other professional groups, in particular those members
participating in various legal-policy decisional contexts, are
finding that understanding the major emerging trends in
corporation law is indispensable to intelligent decision-making.
Constructive adjustment to major corporate problems of today
requires an accurate understanding of the nature and
implications of the corporate law research function
accompanied by an accelerating rate of information
accumulation. The recognition of the need for such improved
corporate legal policy formulation, particularly "model-making"
and contingency planning," has impressed upon us the
inadequacy of traditional procedures in many decisional
contexts.
In a complex legal problem the mass of information to be
processed, the sorting and weighing of significant conditional
factors, the appraisal of major trends, the necessity of
estimating the consequences of given courses of action, and
the need for fast decision and response in situations of acute
danger have prompted the use of sophisticated concepts of
information flow theory, operational analysis, automatic data
processing, and electronic computing equipment.
Understandably, an improved decisional structure must stress
the predictive component of the policy-making process,
wherein a model", of the decisional context or a segment
thereof is developed to test projected alternative courses of
action in terms of futuristic effects flowing therefrom.
Although members of the legal profession are regularly
engaged in predicting and projecting the trends of the law, the
subject of corporate finance law has received relatively little
organized and formalized attention in the philosophy of
advancing corporate legal education. Nonetheless, a cross-
disciplinary approach to legal research has become a vital
necessity.
Certainly, the general orientation for productive contributions
by those trained primarily in the law can be improved through
an early introduction to multi-variable decisional contexts and
the various approaches for handling such problems. Lawyers,
particularly with either a master’s or doctorate degree in
business administration or management, functioning at the
legal policy level of decision-making now have some
appreciation for the concepts and analytical techniques of other
professions which are currently engaged in similar types of
complex decision-making.
Truth to tell, many situations involving corporate finance
problems would require the services of an astute attorney
because of the complex legal implications that arise from each
and every necessary step in securing and maintaining the
business issue raised. (Business Star, "Corporate Finance
Law," Jan. 11, 1989, p. 4).
In our litigation-prone country, a corporate lawyer is
assiduously referred to as the "abogado de campanilla." He is
the "big-time" lawyer, earning big money and with a clientele
composed of the tycoons and magnates of business and
industry.

Despite the growing number of corporate lawyers, many
people could not explain what it is that a corporate lawyer
does. For one, the number of attorneys employed by a single
corporation will vary with the size and type of the corporation.
Many smaller and some large corporations farm out all their
legal problems to private law firms. Many others have in-house
counsel only for certain matters. Other corporation have a staff
large enough to handle most legal problems in-house.
A corporate lawyer, for all intents and purposes, is a lawyer
who handles the legal affairs of a corporation. His areas of
concern or jurisdiction may include, inter alia: corporate legal
research, tax laws research, acting out as corporate secretary
(in board meetings), appearances in both courts and other
adjudicatory agencies (including the Securities and Exchange
Commission), and in other capacities which require an ability to
deal with the law.chanrobles virtualawlibrary
chanrobles.com:chanrobles.com.ph
At any rate, a corporate lawyer may assume responsibilities
other than the legal affairs of the business of the corporation he
is representing. These include such matters as determining
policy and becoming involved in management. (Emphasis
supplied.)
In a big company, for example, one may have a feeling of
being isolated from the action, or not understanding how one’s
work actually fits into the work of the organization. This can be
frustrating to someone who needs to see the results of his work
first hand. In short, a corporate lawyer is sometimes offered
this fortune to be more closely involved in the running of the
business.
Moreover, a corporate lawyer’s services may sometimes be
engaged by a multinational corporation (MNC). Some large
MNCs provide one of the few opportunities available to
corporate lawyers to enter the international law field. After all,
international law is practiced in a relatively small number of
companies and law firms. Because working in a foreign country
is perceived by many as glamorous, this is an area coveted by
corporate lawyers. In most cases, however, the overseas jobs
go to experienced attorneys while the younger attorneys do
their "international practice" in law libraries. (Business Star,
"Corporate Law Practice," May 25, 1990, p. 4).
This brings us to the inevitable, i.e., the role of the lawyer in the
realm of finance. To borrow the lines of Harvard-educated
lawyer Bruce Wassertein, to wit: "A bad lawyer is one who fails
to spot problems, a good lawyer is one who perceives the
difficulties, and the excellent lawyer is one who surmounts
them." (Business Star, "Corporate Finance Law," Jan. 11,
1989, p. 4).
Today, the study of corporate law practice direly needs a "shot
in the arm," so to speak. No longer are we talking of the
traditional law teaching method of confining the subject study
to the Corporation Code and the Securities Code but an
incursion as well into the intertwining modern management
issues.
Such corporate legal management issues deal primarily with
three (3) types of learning: (1) acquisition of insights into
current advances which are of particular significance to the
corporate counsel; (2) an introduction to usable disciplinary
skills applicable to a corporate counsel’s management
responsibilities; and (3) a devotion to the organization and
management of the legal function itself.
These three subject areas may be thought of as intersecting
circles, with a shared area linking them. Otherwise known as
"intersecting managerial jurisprudence," it forms a unifying
theme for the corporate counsel’s total learning.
Some current advances in behavior and policy sciences affect
the counsel’s role. For that matter, the corporate lawyer
reviews the globalization process, including the resulting
strategic repositioning that the firms he provides counsel for
are required to make, and the need to think about a
corporation’s strategy at multiple levels. The salience of the
nation-state is being reduced as firms deal both with global
multinational entities and simultaneously with sub-national
governmental units. Firms increasingly collaborate not only
with public entities but with each other — often with those who
are competitors in other arenas.
Also, the nature of the lawyer’s participation in decision-making
within the corporation is rapidly changing. The modern
corporate lawyer has gained a new role as a stockholder — in
some cases participating in the organization and operations of
governance through participation on boards and other
decision-making roles. Often these new patterns develop
alongside existing legal institutions and laws are perceived as
barriers. These trends are complicated as corporations
organize for global operations. (Emphasis supplied).
The practising lawyer of today is familiar as well with
governmental policies toward the promotion and management
of technology. New collaborative arrangements for promoting
specific technologies or competitiveness more generally
require approaches from industry that differ from older, more
adversarial relationships and traditional forms of seeking to
influence governmental policies. And there are lessons to be
learned from other countries. In Europe, Esprit, Eureka and
Race are examples of collaborative efforts between
governmental and business Japan’s MITI is world famous.
(Emphasis supplied)
Following the concept of boundary spanning, the office of the
Corporate Counsel comprises a distinct group within the
managerial structure of all kinds of organizations. Effectiveness
of both long-term and temporary groups within organizations
has been found to be related to indentifiable factors in the
group-context interaction such as the groups actively revising
their knowledge of the environment, coordinating work with
outsiders, promoting team achievements within the
organization. In general, such external activities are better
predictors of team performance than internal group processes.
In a crisis situation, the legal managerial capabilities of the
corporate lawyer vis-a-vis the managerial mettle of
corporations are challenged. Current research is seeking ways
both to anticipate effective managerial procedures and to
understand relationships of financial liability and insurance
considerations. (Emphasis supplied)
Regarding the skills to apply by the corporate counsel, three
factors are apropos:chanrob1es virtual 1aw library
First System Dynamics. The field of systems dynamics has
been found an effective tool for new managerial thinking
regarding both planning and pressing immediate problems. An
understanding of the role of feedback loops, inventory levels,
and rates of flow, enable users to simulate all sorts of
systematic problems — physical, economic, managerial, social,
and psychological. New programming techniques now make
the systems dynamics principles more accessible to managers
— including corporate counsels. (Emphasis supplied).

Second Decision Analysis. This enables users to make better
decisions involving complexity and uncertainty. In the context
of a law department, it can be used to appraise the settlement
value of litigation, aid in negotiation settlement, and minimize
the cost and risk involved in managing a portfolio of cases.
(Emphasis supplied)
Third Modeling for Negotiation Management. Computer-based
models can be used directly by parties and mediators in all
kinds of negotiations. All integrated set of such tools provide
coherent and effective negotiation support, including hands-on
on instruction in these techniques. A simulation case of an
international joint venture may be used to illustrate the point.
[Be this as it may,] the organization and management of the
legal function, concern three pointed areas of consideration,
thus:chanrob1es virtual 1aw library
Preventive Lawyering. Planning by lawyers requires special
skills that comprise a major part of the general counsel’s
responsibilities. They differ from those of remedial law.
Preventive lawyering is concerned with minimizing the risks of
legal trouble and maximizing legal rights for such legal entities
at that time when transactional or similar facts are being
considered and made.chanrobles lawlibrary : rednad
Managerial Jurisprudence. This is the framework within which
are undertaken those activities of the firm to which legal
consequences attach. It needs to be directly supportive of this
nation’s evolving economic and organizational fabric as firms
change to stay competitive in a global, interdependent
environment. The practice and theory of "law" is not adequate
today to facilitate the relationships needed in trying to make a
global economy work.
Organization and Functioning of the Corporate Counsel’s
Office. The general counsel has emerged in the last decade as
one of the most vibrant subsets of the legal profession. The
corporate counsel hear responsibility for key aspects of the
firm’s strategic issues, including structuring its global
operations, managing improved relationships with an
increasingly diversified body of employees, managing
expanded liability exposure, creating new and varied
interactions with public decision-makers, coping internally with
more complex make or by decisions.
This whole exercise drives home the thesis that knowing
corporate law is not enough to make one a good general
corporate counsel nor to give him a full sense of how the legal
system shapes corporate activities. And even if the corporate
lawyer’s aim is not the understand all of the law’s effects on
corporate activities, he must, at the very least, also gain a
working knowledge of the management issues if only to be
able to grasp not only the basic legal "constitution" or make-up
of the modern corporation. "Business Star, The Corporate
Counsel," April 10, 1991, p. 4).
The challenge for lawyers (both of the bar and the bench) is to
have more than a passing knowledge of financial law affecting
each aspect of their work. Yet, many would admit to ignorance
of vast tracts of the financial law territory. What transpires next
is a dilemma of professional security: Will the lawyer admit
ignorance and risk opprobrium?; or will he feign understanding
and risk exposure? (Business Star, "Corporate Finance law,"
Jar. 11, 1989, p. 4).chanrobles law library : red
Respondent Christian Monsod was nominated by President
Corazon C. Aquino to the position of Chairman of the
COMELEC in a letter received by the Secretariat of the
Commission on Appointments on April 25, 1991. Petitioner
opposed the nomination because allegedly Monsod does not
possess the required qualification of having been engaged in
the practice of law for at least ten years.
On June 5, 1991, the Commission on Appointments confirmed
the nomination of Monsod as Chairman of the COMELEC. On
June 18, 1991, he took his oath of office. On the same day, he
assumed office as Chairman of the COMELEC.
Challenging the validity of the confirmation by the Commission
on Appointments of Monsod’s nomination, petitioner as a
citizen and taxpayer, filed the instant petition for Certiorari and
Prohibition praying that said confirmation and the consequent
appointment of Monsod as Chairman of the Commission on
Elections be declared null and void.
Atty. Christian Monsod is a member of the Philippine Bar,
having passed the bar examinations of 1960 with a grade of
86.55%. He has been a dues paying member of the Integrated
Bar of the Philippines since its inception in 1972-73. He has
also been paying his professional license fees as lawyer for
more than ten years. (p. 124, Rollo).
After graduating from the College of Law (U.P.) and having
hurdled the bar, Atty. Monsod worked in the law office of his
father. During his stint in the World Bank Group (1963-1970),
Monsod worked as an operations officer for about two years in
Costa Rica and Panama, which involved getting acquainted
with the laws of member-countries, negotiating loans and
coordinating legal, economic, and project work of the Bank.
Upon returning to the Philippines in 1970, he worked with the
Meralco Group, served as chief executive officer of an
investment bank and subsequently of a business
conglomerate, and since 1986, has rendered services to
various companies as a legal and economic consultant or chief
executive officer. As former Secretary-General (1986) and
National Chairman (1987) of NAMFREL. Monsod’s work
involved being knowledgeable in election law. He appeared for
NAMFREL in its accreditation hearings before the Comelec. In
the field of advocacy, Monsod, in his personal capacity and as
former Co-Chairman of the Bishops Businessmen’s
Conference for Human Development, has worked with the
under privileged sectors, such as the farmer and urban poor
groups, in initiating, lobbying for and engaging in affirmative
action for the agrarian reform law and lately the urban land
reform bill. Monsod also made use of his legal knowledge as a
member of the Davide Commission, a quasi-judicial body,
which conducted numerous hearings (1990) and as a member
of the Constitutional Commission (1986-1987), and Chairman
of its Committee on Accountability of Public Officers, for which
he was cited by the President of the Commission, Justice
Cecilia Muñoz-Palma for "innumerable amendments to
reconcile government functions with individual freedoms and
public accountability and the party-list system for the House of
Representative." (pp. 128-129 Rollo) (Emphasis supplied)
Just a word about the work of a negotiating team of which Atty.
Monsod used to be a member.
In a loan agreement, for instance, a negotiating panel acts as a
team, and which is adequately constituted to meet the various
contingencies that arise during a negotiation. Besides top
officials of the Borrower concerned, there are the legal officer
(such as the legal counsel), the finance manager, and an
operations officer (such as an official involved in negotiating
the contracts) who comprise the members of the team.
(Guillermo V. Soliven, "Loan Negotiating Strategies for
Developing Country Borrowers," Staff Paper No. 2, Central
Bank of the Philippines, Manila, 1982, p. 11). (Emphasis
supplied)
After a fashion, the loan agreement is like a country’s
Constitution; it lays down the law as far as the loan transaction
is concerned. Thus, the meat of any Loan Agreement can be
compartmentalized into five (5) fundamental parts: (1) business
terms; (2) borrower’s representation; (3) conditions of closing;
(4) covenants; and (5) events of default. (Ibid., p. 13)
In the same vein, lawyers play an important role in any debt
restructuring program. For aside from performing the tasks of
legislative drafting and legal advising, they score national
development policies as key factors in maintaining their
countries’ sovereignty. (Condensed from the work paper,
entitled "Wanted: Development Lawyers for Developing
Nations," submitted by L. Michael Hager, regional legal adviser
of the United States Agency for International Development,
during the Session on Law for the Development of Nations at
the Abidjan World Conference in Ivory Coast, sponsored by the
World Peace Through Law Center on August 26-31, 1973).
(Emphasis supplied).
Loan concessions and compromises, perhaps even more so
than purely re negotiation policies, demand expertise in the law
of contracts, in legislation and agreement drafting and in re
negotiation. Necessarily, a sovereign lawyer may work with an
international business specialist or an economist in the
formulation of a model loan agreement. Debt restructuring
contract agreements contain such a mixture of technical
language that they should be carefully drafted and signed only
with the advise of competent counsel in conjunction with the
guidance of adequate technical support personnel. (See
International Law Aspects of the Philippine External Debts, an
unpublished dissertation, U.S.T. Graduate School of Law,
1987, p. 321). (Emphasis supplied).
A critical aspect of sovereign debt restructuring/contract
construction is the set of terms and conditions which
determines the contractual remedies for a failure to perform
one or more elements of the contract. A good agreement must
not only define the responsibilities of both parties, but must
also state the recourse open to either party when the other fails
to discharge an obligation. For a complete debt restructuring
represents a devotion to that principle which in the ultimate
analysis is sine qua non for foreign loan agreements — an
adherence to the rule of law in domestic and international
affairs of whose kind U.S. Supreme Court Justice Oliver
Wendell Holmes, Jr. once said: ‘They carry no banners, they
beat no drums; but where they are, men learn that bustle and
bush are not the equal of quiet genius and serene mastery.’
(See Ricardo J. Romulo, "The Role of Lawyers in Foreign
Investments," Integrated Bar of the Philippine Journal, Vol. 15,
Nos. 3 and 4, Third and Fourth Quarters, 1977, p. 265).
Interpreted in the light of the various definitions of the term
"practice of law", particularly the modern concept of law
practice, and taking into consideration the liberal construction
intended by the framers of the Constitution, Atty. Monsod s
past work experiences as a lawyer-economist, a lawyer-
manager, a lawyer-entrepreneur of industry, a lawyer-
negotiator of contracts, and a lawyer-legislator of both the rich
and the poor — verily more than satisfy the constitutional
requirement — that he has been engaged in the practice of law
for at least ten years.
Besides in the leading case of Luego v. Civil Service
Commission, 143 SCRA 327, the Court said:chanrobles.com :
virtual law library
"Appointment is an essentially discretionary power and must
be performed by the officer in which it is vested according to
his best lights, the only condition being that the appointee
should possess the qualifications required by law. If he does,
then the appointment cannot be faulted on the ground that
there are others better qualified who should have been
preferred. This is a political question involving considerations of
wisdom which only the appointing authority can decide."
(Emphasis supplied).
No less emphatic was the Court in the case of Central Bank v.
Civil Service Commission, 171 SCRA 744) where it
stated:jgc:chanrobles.com.ph
"It is well-settled that when the appointee is qualified, as in this
case, and all the other legal requirements are satisfied, the
Commission has no alternative but to attest to the appointment
in accordance with the Civil Service Law. The Commission has
no authority to revoke an appointment on the ground that
another person is more qualified for a particular position. It also
has no authority to direct the appointment of a substitute of its
choice. To do so would be an encroachment on the discretion
vested upon the appointing authority. An appointment is
essentially within the discretionary power of whomsoever it is
vested, subject to the only condition that the appointee should
possess the qualifications required by law." (Emphasis
supplied).
The appointing process in a regular appointment as in the case
at bar, consists of four (4) stages: (1) nomination; (2)
confirmation by the Commission on Appointments; (3) issuance
of a commission (in the Philippines, upon submission by the
Commission on Appointments of its certificate of confirmation,
the President issues the permanent appointment; and (4)
acceptance e.g., oath-taking, posting of bond, etc. . . . (Lacson
v. Romero, No. L-3081, October 14, 1949; Gonzales, Law on
Public Officers, p. 200)
The power of the Commission on Appointments to give its
consent to the nomination of Monsod as Chairman of the
Commission on Elections is mandated by Section 1(2) Sub-
Article C, Article IX of the Constitution which
provides:jgc:chanrobles.com.ph
"The Chairman and the Commissioners shall be appointed by
the President with the consent of the Commission on
Appointments for a term of seven years without re
appointment. Of those first appointed, three Members shall
hold office for seven years, two Members for five years, and
the last Members for three years, without re appointment.
Appointment to any vacancy shall be only for the unexpired
term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting
capacity."cralaw virtua1aw library
Anent Justice Teodoro Padilla’s separate opinion, suffice it to
say that his definition of the practice of law is the traditional or
stereotyped notion of law practice, as distinguished from the
modern concept of the practice of law, which modern
connotation is exactly what was intended by the eminent
framers of the 1987 Constitution. Moreover, Justice Padilla’s
definition would require generally a habitual law practice,
perhaps practiced two or three times a week and would outlaw
say, law practice once or twice a year for ten consecutive
years. Clearly, this is far from the constitutional intent.
Upon the other hand, the separate opinion of Justice Isagani
Cruz states that in my written opinion, I made use of a
definition of law practice which really means nothing because
the definition says that law practice." . . is what people
ordinarily mean by the practice of law." True I cited the
definition but only by way of sarcasm as evident from my
statement that the definition of law practice by "traditional
areas of law practice is essentially tautologous" or defining a
phrase by means of the phrase itself that is being defined.
Justice Cruz goes on to say in substance that since the law
covers almost all situations, most individuals, in making use of
the law, or in advising others on what the law means, are
actually practicing law. In that sense, perhaps, but we should
not lose sight of the fact that Mr. Monsod is a lawyer, a
member of the Philippine Bar, who has been practicing law for
over ten years. This is different from the acts of persons
practicing law, without first becoming lawyers.
"No blade shall touch his skin;
No blood shall flow from his veins."cralaw virtua1aw library
When Samson (his long hair cut by Delilah) was captured, the
procurator placed an iron rod burning white-hot two or three
inches away from in front of Samson’s eyes. This blinded the
man. Upon hearing of what had happened to her beloved,
Delilah was beside herself with anger, and fuming with
righteous fury, Accused the procurator of reneging on his word.
The procurator calmly replied: "Did any blade touch his skin?
Did any blood flow from his veins?" The procurator was clearly
relying on the letter, not the spirit of the agreement.
In view of the foregoing, this petition is hereby DISMISSED.
SO ORDERED.

Justice Cruz also says that the Supreme Court can even
disqualify an elected President of the Philippines, say, on the
ground that he lacks one or more qualifications. This matter, I
greatly doubt. For one thing, how can an action or petition be
brought against the President? And even assuming that he is
indeed disqualified, how can the action be entertained since he
is the incumbent President?

We now proceed:chanrob1es virtual 1aw library

The Commission on the basis of evidence submitted during the

public hearings on Monsod’s confirmation, implicitly determined
that he possessed the necessary qualifications as required by
law. The judgment rendered by the Commission in the exercise
of such an acknowledged power is beyond judicial interference
except only upon a clear showing of a grave abuse of
discretion amounting to lack or excess of jurisdiction. (Art. VIII,
Sec. 1 Constitution). Thus, only where such grave abuse of
discretion is clearly shown shall the Court interfere with the
Commission’s judgment. In the instant case, there is no
occasion for the exercise of the Court’s corrective power, since
no abuse, much less a grave abuse of discretion, that would
amount to lack or excess of jurisdiction and would warrant the
issuance of the writs prayed, for has been clearly
shown.chanrobles lawlibrary : rednad

Additionally, consider the following:chanrob1es virtual 1aw

library

(1) If the Commission on Appointments rejects a nominee by

the President, may the Supreme Court reverse the
Commission, and thus in effect confirm the appointment?
Clearly, the answer is in the negative.

(2) In the same vein, may the Court reject the nominee, whom
the Commission has confirmed? The answer is likewise clear.

(3) If the United States Senate (which is the confirming body in

the U.S. Congress) decides to confirm a Presidential nominee,
it would be incredible that the U.S. Supreme Court would still
reverse the U.S. Senate.

Finally, one significant legal maxim is:jgc:chanrobles.com.ph

"We must interpret not by the letter that killeth, but by the spirit
that giveth life."cralaw virtua1aw library

Take this hypothetical case of Samson and Delilah. Once, the

procurator of Judea asked Delilah (who was Samson’s
beloved) for help in capturing Samson. Delilah agreed on
condition that —
 Annex B

GUAM DIVORCE.

DON PARKINSONchanrobles virtual law library

an Attorney in Guam, is giving FREE BOOKS on Guam

Divorce through The Legal Clinic beginning Monday to Friday
during office hours.chanroblesvirtualawlibrarychanrobles virtual
law library

Guam divorce. Annulment of Marriage. Immigration Problems,

Visa Ext. Quota/Non-quota Res. & Special Retiree's Visa.
Declaration of Absence. Remarriage to Filipina Fiancees.
Adoption. Investment in the Phil. US/Foreign Visa for Filipina
Spouse/Children. Call Marivic.chanrobles virtual law library

THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr.

US Embassy CLINIC, INC. 1 Tel. 521-7232; 521-7251; 522-
2041; 521-0767

It is the submission of petitioner that the advertisements above

reproduced are champterous, unethical, demeaning of the law
profession, and destructive of the confidence of the community
in the integrity of the members of the bar and that, as a
member of the legal profession, he is ashamed and offended
by the said advertisements, hence the reliefs sought in his
petition as hereinbefore
quoted.chanroblesvirtualawlibrarychanrobles virtual law library

In its answer to the petition, respondent admits the fact of

Bar Matter No. 553 June 17, 1993
MAURICIO C. ULEP, Petitioner, vs. THE LEGAL CLINIC,
INC., Respondent.
R E SO L U T I O N
REGALADO, J.:
Petitioner prays this Court "to order the respondent to cease
and desist from issuing advertisements similar to or of the
same tenor as that of annexes "A" and "B" (of said petition)
and to perpetually prohibit persons or entities from making
advertisements pertaining to the exercise of the law profession
other than those allowed by law."chanrobles virtual law library
The advertisements complained of by herein petitioner are as
follows:
Annex A
publication of said advertisement at its instance, but claims that
it is not engaged in the practice of law but in the rendering of
"legal support services" through paralegals with the use of
modern computers and electronic machines. Respondent
further argues that assuming that the services advertised are
legal services, the act of advertising these services should be
allowed supposedly
in the light of the case of John R. Bates and Van O'Steen vs.
State Bar of Arizona, 2reportedly decided by the United States
Supreme Court on June 7,
1977.chanroblesvirtualawlibrarychanrobles virtual law library
Considering the critical implications on the legal profession of
the issues raised herein, we required the (1) Integrated Bar of
the Philippines (IBP), (2) Philippine Bar Association (PBA), (3)
Philippine Lawyers' Association (PLA), (4) U.P. Womens
Lawyers' Circle (WILOCI), (5) Women Lawyers Association of
the Philippines (WLAP), and (6) Federacion International de
Abogadas (FIDA) to submit their respective position papers on
the controversy and, thereafter, their memoranda. 3The said
bar associations readily responded and extended their valuable
services and cooperation of which this Court takes note with
appreciation and
gratitude.chanroblesvirtualawlibrarychanrobles virtual law
library

SECRET MARRIAGE? The main issues posed for resolution before the Court are
P560.00 for a valid marriage. whether or not the services offered by respondent, The Legal
Info on DIVORCE. ABSENCE. Clinic, Inc., as advertised by it constitutes practice of law and,
ANNULMENT. VISA.chanrobles virtual law library in either case, whether the same can properly be the subject of
the advertisements herein complained
of.chanroblesvirtualawlibrarychanrobles virtual law library
THE Please call: 521-0767 LEGAL 5217232, 5222041 CLINIC,
INC. 8:30 am- 6:00 pm 7-Flr. Victoria Bldg., UN Ave., Mla.
Before proceeding with an in-depth analysis of the merits of
this case, we deem it proper and enlightening to present
hereunder excerpts from the respective position papers
adopted by the aforementioned bar associations and the
memoranda submitted by them on the issues involved in this
bar matter.
1. Integrated Bar of the Philippines:
xxx xxx xxxchanrobles virtual law library
Notwithstanding the subtle manner by which respondent
endeavored to distinguish the two terms, i.e., "legal support
services" vis-a-vis "legal services", common sense would
readily dictate that the same are essentially without substantial
distinction. For who could deny that document search,
evidence gathering, assistance to layman in need of basic
institutional services from government or non-government
agencies like birth, marriage, property, or business registration,
obtaining documents like clearance, passports, local or foreign
visas, constitutes practice of law?
xxx xxx xxxchanrobles virtual law library
The Integrated Bar of the Philippines (IBP) does not wish to
make issue with respondent's foreign citations. Suffice it to
state that the IBP has made its position manifest, to wit, that it
strongly opposes the view espoused by respondent (to the
effect that today it is alright to advertise one's legal
services).chanroblesvirtualawlibrarychanrobles virtual law
library
The IBP accordingly declares in no uncertain terms its
opposition to respondent's act of establishing a "legal clinic"
and of concomitantly advertising the same through newspaper
publications.chanroblesvirtualawlibrarychanrobles virtual law
library
The IBP would therefore invoke the administrative supervision
of this Honorable Court to perpetually restrain respondent from
undertaking highly unethical activities in the field of law practice
as aforedescribed. 4
xxx xxx xxxchanrobles virtual law library
A. The use of the name "The Legal Clinic, Inc." gives the
impression that respondent corporation is being operated by
lawyers and that it renders legal
services.chanroblesvirtualawlibrarychanrobles virtual law
library
While the respondent repeatedly denies that it offers legal
services to the public, the advertisements in question give the
impression that respondent is offering legal services. The
Petition in fact simply assumes this to be so, as earlier
mentioned, apparently because this (is) the effect that the
advertisements have on the reading
public.chanroblesvirtualawlibrarychanrobles virtual law library
The impression created by the advertisements in question can
be traced, first of all, to the very name being used by
respondent - "The Legal Clinic, Inc." Such a name, it is
respectfully submitted connotes the rendering of legal services
for legal problems, just like a medical clinic connotes medical
services for medical problems. More importantly, the term
"Legal Clinic" connotes lawyers, as the term medical clinic
connotes doctors.chanroblesvirtualawlibrarychanrobles virtual
law library
Furthermore, the respondent's name, as published in the
advertisements subject of the present case, appears with (the)
scale(s) of justice, which all the more reinforces the impression
that it is being operated by members of the bar and that it
offers legal services. In addition, the advertisements in
question appear with a picture and name of a person being
represented as a lawyer from Guam, and this practically
removes whatever doubt may still remain as to the nature of
the service or services being
offered.chanroblesvirtualawlibrarychanrobles virtual law library
It thus becomes irrelevant whether respondent is merely
offering "legal support services" as claimed by it, or whether it
offers legal services as any lawyer actively engaged in law
practice does. And it becomes unnecessary to make a
distinction between "legal services" and "legal support
services," as the respondent would have it. The
advertisements in question leave no room for doubt in the
minds of the reading public that legal services are being
offered by lawyers, whether true or
not.chanroblesvirtualawlibrarychanrobles virtual law library
B. The advertisements in question are meant to induce the
performance of acts contrary to law, morals, public order and
public policy.chanroblesvirtualawlibrarychanrobles virtual law
library
It may be conceded that, as the respondent claims, the
advertisements in question are only meant to inform the
general public of the services being offered by it. Said
advertisements, however, emphasize to Guam divorce, and
any law student ought to know that under the Family Code,
there is only one instance when a foreign divorce is
recognized, and that is:
Article 26. . . .chanroblesvirtualawlibrarychanrobles virtual law
library
Where a marriage between a Filipino citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him or her to remarry,
the Filipino spouse shall have capacity to remarry under
Philippine Law.
It must not be forgotten, too, that the Family Code (defines) a
marriage as follows:
Article 1. Marriage is special contract of permanent
union between a man and woman entered into accordance
with law for the establishment of conjugal and family life. It is
the foundation of the family and an inviolable social
institution whose nature, consequences, and incidents are
governed by law and not subject to stipulation, except that
marriage settlements may fix the property relation during the
marriage within the limits provided by this Code.
By simply reading the questioned advertisements, it is obvious
that the message being conveyed is that Filipinos can avoid
the legal consequences of a marriage celebrated in
accordance with our law, by simply going to Guam for a
divorce. This is not only misleading, but encourages, or serves
to induce, violation of Philippine law. At the very least, this can
be considered "the dark side" of legal practice, where certain
defects in Philippine laws are exploited for the sake of profit. At
worst, this is outright malpractice.
Rule 1.02. - A lawyer shall not counsel or abet activities aimed
at defiance of the law or at lessening confidence in the legal
system.
In addition, it may also be relevant to point out that
advertisements such as that shown in Annex "A" of the
Petition, which contains a cartoon of a motor vehicle with the
words "Just Married" on its bumper and seems to address
those planning a "secret marriage," if not suggesting a "secret
marriage," makes light of the "special contract of permanent
union," the inviolable social institution," which is how the Family
Code describes marriage, obviously to emphasize its sanctity
and inviolability. Worse, this particular advertisement appears
to encourage marriages celebrated in secrecy, which is
suggestive of immoral publication of applications for a marriage
license.chanroblesvirtualawlibrarychanrobles virtual law library
If the article "Rx for Legal Problems" is to be reviewed, it can
readily be concluded that the above impressions one may
gather from the advertisements in question are accurate. The
Sharon Cuneta-Gabby Concepcion example alone confirms
what the advertisements suggest. Here it can be seen that
criminal acts are being encouraged or committed
(a bigamous marriage in Hong Kong or Las Vegas) with
impunity simply because the jurisdiction of Philippine courts
does not extend to the place where the crime is
committed.chanroblesvirtualawlibrarychanrobles virtual law
library
Even if it be assumed, arguendo, (that) the "legal support
services" respondent offers do not constitute legal services as
commonly understood, the advertisements in question give the
impression that respondent corporation is being operated by
lawyers and that it offers legal services, as earlier discussed.
Thus, the only logical consequence is that, in the eyes of an
ordinary newspaper reader, members of the bar themselves
are encouraging or inducing the performance of acts which are
contrary to law, morals, good customs and the public good,
thereby destroying and demeaning the integrity of the Bar.
xxx xxx xxxchanrobles virtual law library
It is respectfully submitted that respondent should be enjoined
from causing the publication of the advertisements in question,
or any other advertisements similar thereto. It is also submitted
that respondent should be prohibited from further performing or
offering some of the services it presently offers, or, at the very
least, from offering such services to the public in
general.chanroblesvirtualawlibrarychanrobles virtual law library
The IBP is aware of the fact that providing computerized legal
research, electronic data gathering, storage and retrieval,
standardized legal forms, investigators for gathering of
evidence, and like services will greatly benefit the legal
profession and should not be stifled but instead encouraged.
However, when the conduct of such business by non-members
of the Bar encroaches upon the practice of law, there can be
no choice but to prohibit such
business.chanroblesvirtualawlibrarychanrobles virtual law
library
Admittedly, many of the services involved in the case at bar
can be better performed by specialists in other fields, such as
computer experts, who by reason of their having devoted time
and effort exclusively to such field cannot fulfill the exacting
requirements for admission to the Bar. To prohibit them from
"encroaching" upon the legal profession will deny the
profession of the great benefits and advantages of modern
technology. Indeed, a lawyer using a computer will be doing
better than a lawyer using a typewriter, even if both are (equal)
in skill.chanroblesvirtualawlibrarychanrobles virtual law library
Both the Bench and the Bar, however, should be careful not to
allow or tolerate the illegal practice of law in any form, not only
for the protection of members of the Bar but also, and more
importantly, for the protection of the public. Technological
development in the profession may be encouraged without
tolerating, but instead ensuring prevention of illegal
practice.chanroblesvirtualawlibrarychanrobles virtual law library
There might be nothing objectionable if respondent is allowed
to perform all of its services, but only if such services are made
available exclusively to members of the Bench and Bar.
Respondent would then be offering technical assistance, not
legal services. Alternatively, the more difficult task of carefully
distinguishing between which service may be offered to the
public in general and which should be made available
exclusively to members of the Bar may be undertaken. This,
however, may require further proceedings because of the
factual considerations
involved.chanroblesvirtualawlibrarychanrobles virtual law
library
It must be emphasized, however, that some of respondent's
services ought to be prohibited outright, such as acts which
tend to suggest or induce celebration abroad of marriages
which are bigamous or otherwise illegal and void under
Philippine law. While respondent may not be prohibited from
simply disseminating information regarding such matters, it
must be required to include, in the information given, a
disclaimer that it is not authorized to practice law, that certain
course of action may be illegal under Philippine law, that it is
not authorized or capable of rendering a legal opinion, that a
lawyer should be consulted before deciding on which course of
action to take, and that it cannot recommend any particular
lawyer without subjecting itself to possible sanctions for illegal
practice of law.chanroblesvirtualawlibrarychanrobles virtual law
library
If respondent is allowed to advertise, advertising should be
directed exclusively at members of the Bar, with a clear and
unmistakable disclaimer that it is not authorized to practice law
or perform legal services.chanroblesvirtualawlibrarychanrobles
virtual law library
The benefits of being assisted by paralegals cannot be
ignored. But nobody should be allowed to represent himself as
a "paralegal" for profit, without such term being clearly defined
by rule or regulation, and without any adequate and effective
means of regulating his activities. Also, law practice in a
corporate form may prove to be advantageous to the legal
profession, but before allowance of such practice may be
considered, the corporation's Article of Incorporation and By-
laws must conform to each and every provision of the Code of
Professional Responsibility and the Rules of Court. 5
2. Philippine Bar Association:
xxx xxx xxx.chanroblesvirtualawlibrarychanrobles virtual law
library
Respondent asserts that it "is not engaged in the practice of
law but engaged in giving legal support services to lawyers and
laymen, through experienced paralegals, with the use of
modern computers and electronic machines" (pars. 2 and 3,
Comment). This is absurd. Unquestionably, respondent's acts
of holding out itself to the public under the trade name "The
Legal Clinic, Inc.," and soliciting employment for its
enumerated services fall within the realm of a practice which
thus yields itself to the regulatory powers of the Supreme
Court. For respondent to say that it is merely engaged in
paralegal work is to stretch credulity. Respondent's own
commercial advertisement which announces a certain Atty.
Don Parkinson to be handling the fields of law belies its
pretense. From all indications, respondent "The Legal Clinic,
Inc." is offering and rendering legal services through its reserve
of lawyers. It has been held that the practice of law is not
limited to the conduct of cases in court, but includes drawing of
deeds, incorporation, rendering opinions, and advising clients
as to their legal right and then take them to an attorney and
ask the latter to look after their case in court See Martin, Legal
and Judicial Ethics, 1984 ed., p.
39).chanroblesvirtualawlibrarychanrobles virtual law library
It is apt to recall that only natural persons can engage in the
practice of law, and such limitation cannot be evaded by
a corporation employing competent lawyers to practice for it.
Obviously, this is the scheme or device by which respondent
"The Legal Clinic, Inc." holds out itself to the public and solicits
employment of its legal services. It is an odious vehicle for
deception, especially so when the public cannot ventilate any
grievance for malpractice against the business conduit.
Precisely, the limitation of practice of law to persons who have
been duly admitted as members of the Bar (Sec. 1, Rule 138,
Revised Rules of Court) is to subject the members to
the discipline of the Supreme Court. Although respondent uses
its business name, the persons and the lawyers who act for it
are subject to court discipline. The practice of law is not a
profession open to all who wish to engage in it nor can it be
assigned to another (See 5 Am. Jur. 270). It is a personal
right limited to persons who have qualified themselves under
the law. It follows that not only respondent but also all the
persons who are acting for respondent are the persons
engaged in unethical law practice. 6
3. Philippine Lawyers' Association:chanrobles virtual law library
The Philippine Lawyers' Association's position, in answer to the
issues stated herein, are wit:
1. The Legal Clinic is engaged in the practice of law;
2. Such practice is unauthorized;
3. The advertisements complained of are not only unethical,
but also misleading and patently immoral; and
4. The Honorable Supreme Court has the power to supress
and punish the Legal Clinic and its corporate officers for its
unauthorized practice of law and for its unethical, misleading
and immoral advertising.
xxx xxx xxxchanrobles virtual law library
Respondent posits that is it not engaged in the practice of law.
It claims that it merely renders "legal support services" to
answers, litigants and the general public as enunciated in the
Primary Purpose Clause of its Article(s) of Incorporation. (See
pages 2 to 5 of Respondent's Comment). But its advertised
services, as enumerated above, clearly and convincingly show
that it is indeed engaged in law practice, albeit outside of
court.chanroblesvirtualawlibrarychanrobles virtual law library
As advertised, it offers the general public its advisory services
on Persons and Family Relations Law, particularly regarding
foreign divorces, annulment of marriages, secret marriages,
absence and adoption; Immigration Laws, particularly on visa
related problems, immigration problems; the Investments Law
of the Philippines and such other related
laws.chanroblesvirtualawlibrarychanrobles virtual law library
Its advertised services unmistakably require the application of
the aforesaid law, the legal principles and procedures related
thereto, the legal advices based thereon and which activities
call for legal training, knowledge and
experience.chanroblesvirtualawlibrarychanrobles virtual law
library
Applying the test laid down by the Court in the aforecited
Agrava Case, the activities of respondent fall squarely and are
embraced in what lawyers and laymen equally term as "the
practice of law." 7
4. U.P.  Women Lawyers' Circle:chanrobles virtual law library
In resolving, the issues before this Honorable Court,
paramount consideration should be given to the protection of
the general public from the danger of being exploited by
unqualified persons or entities who may be engaged in the
practice of law.chanroblesvirtualawlibrarychanrobles virtual law
library
At present, becoming a lawyer requires one to take a rigorous
four-year course of study on top of a four-year bachelor of arts
or sciences course and then to take and pass the bar
examinations. Only then, is a lawyer qualified to practice
law.chanroblesvirtualawlibrarychanrobles virtual law library
While the use of a paralegal is sanctioned in many jurisdiction
as an aid to the administration of justice, there are in those
jurisdictions, courses of study and/or standards which would
qualify these paralegals to deal with the general public as such.
While it may now be the opportune time to establish these
courses of study and/or standards, the fact remains that at
present, these do not exist in the Philippines. In the meantime,
this Honorable Court may decide to make measures to protect
the general public from being exploited by those who may be
dealing with the general public in the guise of being
"paralegals" without being qualified to do
so.chanroblesvirtualawlibrarychanrobles virtual law library
In the same manner, the general public should also be
protected from the dangers which may be brought about by
advertising of legal services. While it appears that lawyers are
prohibited under the present Code of Professional
Responsibility from advertising, it appears in the instant case
that legal services are being advertised not by lawyers but by
an entity staffed by "paralegals." Clearly, measures should be
taken to protect the general public from falling prey to those
who advertise legal services without being qualified to offer
such services. 8
A perusal of the questioned advertisements of Respondent,
however, seems to give the impression that information
regarding validity of marriages, divorce, annulment of marriage,
immigration, visa extensions, declaration of absence, adoption
and foreign investment, which are in essence, legal matters ,
will be given to them if they avail of its services. The
Respondent's name - The Legal Clinic, Inc. - does not help
matters. It gives the impression again that Respondent will or
can cure the legal problems brought to them. Assuming that
Respondent is, as claimed, staffed purely by paralegals, it also
gives the misleading impression that there are lawyers involved
in The Legal Clinic, Inc., as there are doctors in any medical
clinic, when only "paralegals" are involved in The Legal Clinic,
Inc.chanroblesvirtualawlibrarychanrobles virtual law library
Respondent's allegations are further belied by the very
admissions of its President and majority stockholder, Atty.
Nogales, who gave an insight on the structure and main
purpose of Respondent corporation in the aforementioned
"Starweek" article." 9
5. Women Lawyer's Association of the Philippines:chanrobles
virtual law library
Annexes "A" and "B" of the petition are clearly advertisements
to solicit cases for the purpose of gain which, as provided for
under the above cited law, (are) illegal and against the Code of
Professional Responsibility of lawyers in this
country.chanroblesvirtualawlibrarychanrobles virtual law library
Annex "A" of the petition is not only illegal in that it is an
advertisement to solicit cases, but it is illegal in that in bold
letters it announces that the Legal Clinic, Inc., could work
out/cause the celebration of a secret marriage which is not only
illegal but immoral in this country. While it is advertised that
one has to go to said agency and pay P560 for a valid
marriage it is certainly fooling the public for valid marriages in
the Philippines are solemnized only by officers authorized to do
so under the law. And to employ an agency for said purpose of
contracting marriage is not
necessary.chanroblesvirtualawlibrarychanrobles virtual law
library
No amount of reasoning that in the USA, Canada and other
countries the trend is towards allowing lawyers to advertise
their special skills to enable people to obtain from qualified
practitioners legal services for their particular needs can justify
the use of advertisements such as are the subject matter of the
petition, for one (cannot) justify an illegal act even by whatever
merit the illegal act may serve. The law has yet to be amended
so that such act could become
justifiable.chanroblesvirtualawlibrarychanrobles virtual law
library
We submit further that these advertisements that seem to
project that secret marriages and divorce are possible in this
country for a fee, when in fact it is not so, are highly
reprehensible.chanroblesvirtualawlibrarychanrobles virtual law
library
It would encourage people to consult this clinic about how they
could go about having a secret marriage here, when it cannot
nor should ever be attempted, and seek advice on divorce,
where in this country there is none, except under the Code of
Muslim Personal Laws in the Philippines. It is also against
good morals and is deceitful because it falsely represents to
the public to be able to do that which by our laws cannot be
done (and) by our Code of Morals should not be
done.chanroblesvirtualawlibrarychanrobles virtual law library
In the case (of) In re Taguda, 53 Phil. 37, the Supreme Court
held that solicitation for clients by an attorney by circulars of
advertisements, is unprofessional, and offenses of this
character justify permanent elimination from the Bar. 10
6. Federacion Internacional de Abogados:
xxx xxx xxxchanrobles virtual law library
1.7 That entities admittedly not engaged in the practice of law,
such as management consultancy firms or travel agencies,
whether run by lawyers or not, perform the services rendered
by Respondent does not necessarily lead to the conclusion that
Respondent is not unlawfully practicing law. In the same vein,
however, the fact that the business of respondent (assuming it
can be engaged in independently of the practice of law)
involves knowledge of the law does not necessarily make
respondent guilty of unlawful practice of law.
. . . . Of necessity, no one . . . . acting as a consultant can
render effective service unless he is familiar with such statutes
and regulations. He must be careful not to suggest a course of
conduct which the law forbids. It seems . . . .clear that (the
consultant's) knowledge of the law, and his use of that
knowledge as a factor in determining what measures he shall
recommend, do not constitute the practice of law . . . . It is not
only presumed that all men know the law, but it is a fact that
most men have considerable acquaintance with broad features
of the law . . . . Our knowledge of the law - accurate or
inaccurate - moulds our conduct not only when we are acting
for ourselves, but when we are serving others. Bankers, liquor
dealers and laymen generally possess rather precise
knowledge of the laws touching their particular business or
profession. A good example is the architect, who must be
familiar with zoning, building and fire prevention codes, factory
and tenement house statutes, and who draws plans and
specification in harmony with the law. This is not practicing
law.chanroblesvirtualawlibrarychanrobles virtual law library
But suppose the architect, asked by his client to omit a fire
tower, replies that it is required by the statute. Or the industrial
relations expert cites, in support of some measure that he
recommends, a decision of the National Labor Relations
Board. Are they practicing law? In my opinion, they are not,
provided no separate fee is charged for the legal advice or
information, and the legal question is subordinate and
incidental to a major non-legal
problem.chanroblesvirtualawlibrarychanrobles virtual law
library
It is largely a matter of degree and of
custom.chanroblesvirtualawlibrarychanrobles virtual law library
If it were usual for one intending to erect a building on his land
to engage a lawyer to advise him and the architect in respect to
the building code and the like, then an architect who performed
this function would probably be considered to be trespassing
on territory reserved for licensed attorneys. Likewise, if the
industrial relations field had been pre-empted by lawyers, or
custom placed a lawyer always at the elbow of the lay
personnel man. But this is not the case. The most important
body of the industrial relations experts are the officers and
business agents of the labor unions and few of them are
lawyers. Among the larger corporate employers, it has been
the practice for some years to delegate special responsibility in
employee matters to a management group chosen for their
practical knowledge and skill in such matter, and without
regard to legal thinking or lack of it. More recently, consultants
like the defendants have the same service that the larger
employers get from their own specialized
staff.chanroblesvirtualawlibrarychanrobles virtual law library
The handling of industrial relations is growing into a recognized
profession for which appropriate courses are offered by our
leading universities. The court should be very cautious about
declaring [that] a widespread, well-established method of
conducting business is unlawful, or that the considerable class
of men who customarily perform a certain function have no
right to do so, or that the technical education given by our
schools cannot be used by the graduates in their business.
In determining whether a man is practicing law, we should
consider his work for any particular client or customer, as a
whole. I can imagine defendant being engaged primarily to
advise as to the law defining his client's obligations to his
employees, to guide his client's obligations to his employees,
to guide his client along the path charted by law. This, of
course, would be the practice of the law. But such is not the
fact in the case before me. Defendant's primarily efforts are
along economic and psychological lines. The law only provides
the frame within which he must work, just as the zoning code
limits the kind of building the limits the kind of building the
architect may plan. The incidental legal advice or information
defendant may give, does not transform his activities into the
practice of law. Let me add that if, even as a minor feature of
his work, he performed services which are customarily
reserved to members of the bar, he would be practicing
law. For instance, if as part of a welfare program, he drew
employees' wills.chanroblesvirtualawlibrarychanrobles virtual
law library
Another branch of defendant's work is the representations of
the employer in the adjustment of grievances and in collective
bargaining, with or without a mediator. This is not per se the
practice of law. Anyone may use an agent for negotiations and
may select an agent particularly skilled in the subject under
discussion, and the person appointed is free to accept the
employment whether or not he is a member of the bar. Here,
however, there may be an exception where the business turns
on a question of law. Most real estate sales are negotiated by
brokers who are not lawyers. But if the value of the land
depends on a disputed right-of-way and the principal role of the
negotiator is to assess the probable outcome of the dispute
and persuade the opposite party to the same opinion, then it
may be that only a lawyer can accept the assignment. Or if a
controversy between an employer and his men grows from
differing interpretations of a contract, or of a statute, it is quite
likely that defendant should not handle it. But I need not reach
a definite conclusion here, since the situation is not presented
by the proofs.chanroblesvirtualawlibrarychanrobles virtual law
library
Defendant also appears to represent the employer before
administrative agencies of the federal government, especially
before trial examiners of the National Labor Relations Board.
An agency of the federal government, acting by virtue of an
authority granted by the Congress, may regulate the
representation of parties before such agency. The State of
New Jersey is without power to interfere with such
determination or to forbid representation before the agency by
one whom the agency admits. The rules of the National Labor
Relations Board give to a party the right to appear in person, or
by counsel, or by other representative. Rules and Regulations,
September 11th, 1946, S. 203.31. 'Counsel' here means a
licensed attorney, and ther representative' one not a lawyer. In
this phase of his work, defendant may lawfully do whatever the
Labor Board allows, even arguing questions purely legal.
(Auerbacher v. Wood, 53 A. 2d 800, cited in Statsky,
Introduction to Paralegalism [1974], at pp. 154-156.).
1.8 From the foregoing, it can be said that a person engaged in
a lawful calling (which may involve knowledge of the law) is not
engaged in the practice of law provided that:chanrobles virtual
law library
(a) The legal question is subordinate and incidental to a major
non-legal problem;.chanroblesvirtualawlibrarychanrobles virtual
law library
(b) The services performed are not customarily reserved to
members of the bar; .chanroblesvirtualawlibrarychanrobles
virtual law library
(c) No separate fee is charged for the legal advice or
information.chanroblesvirtualawlibrarychanrobles virtual law
library
All these must be considered in relation to the work for any
particular client as a
whole.chanroblesvirtualawlibrarychanrobles virtual law library
1.9. If the person involved is both lawyer and non-lawyer, the
Code of Professional Responsibility succintly states the rule of
conduct:chanrobles virtual law library
Rule 15.08 - A lawyer who is engaged in another profession or
occupation concurrently with the practice of law shall make
clear to his client whether he is acting as a lawyer or in another
capacity.chanroblesvirtualawlibrarychanrobles virtual law
library
1.10. In the present case. the Legal Clinic appears to render
wedding services (See Annex "A" Petition). Services on
routine, straightforward marriages, like securing a marriage
license, and making arrangements with a priest or a judge,
may not constitute practice of law. However, if the problem is
as complicated as that described in "Rx for Legal Problems" on
the Sharon Cuneta-Gabby Concepcion-Richard Gomez case,
then what may be involved is actually the practice of law. If a
non-lawyer, such as the Legal Clinic, renders such services
then it is engaged in the unauthorized practice of
law.chanroblesvirtualawlibrarychanrobles virtual law library
1.11. The Legal Clinic also appears to give information on
divorce, absence, annulment of marriage and visas (See
Annexes "A" and "B" Petition). Purely giving informational
materials may not constitute of law. The business is similar to
that of a bookstore where the customer buys materials on the
subject and determines on the subject and determines by
himself what courses of action to
take.chanroblesvirtualawlibrarychanrobles virtual law library
It is not entirely improbable, however, that aside from purely
giving information, the Legal Clinic's paralegals may apply the
law to the particular problem of the client, and give legal
advice. Such would constitute unauthorized practice of law.
It cannot be claimed that the publication of a legal text which
publication of a legal text which purports to say what the law is
amount to legal practice. And the mere fact that the principles
or rules stated in the text may be accepted by a particular
reader as a solution to his problem does not affect this. . . . .
Apparently it is urged that the conjoining of these two, that is,
the text and the forms, with advice as to how the forms should
be filled out, constitutes the unlawful practice of law. But that is
the situation with many approved and accepted texts. Dacey's
book is sold to the public at large. There is no personal contact
or relationship with a particular individual. Nor does there exist
that relation of confidence and trust so necessary to the status
of attorney and client. THIS IS THE ESSENTIAL OF LEGAL
PRACTICE - THE REPRESENTATION AND ADVISING OF A
PARTICULAR PERSON IN A PARTICULAR SITUATION. At
most the book assumes to offer general advice on common
problems, and does not purport to give personal advice on a
specific problem peculiar to a designated or readily identified
person. Similarly the defendant's publication does not purport
to give personal advice on a specific problem peculiar to a
designated or readily identified person in a particular situation -
in their publication and sale of the kits, such publication and
sale did not constitutes the unlawful practice of law . . . . There
being no legal impediment under the statute to the sale of the
kit, there was no proper basis for the injunction against
defendant maintaining an office for the purpose of selling to
persons seeking a divorce, separation, annulment or
separation agreement any printed material or writings relating
to matrimonial law or the prohibition in the memorandum of
modification of the judgment against defendant having an
interest in any publishing house publishing his manuscript on
divorce and against his having any personal contact with any
prospective purchaser. The record does fully support, however,
the finding that for the change of $75 or $100 for the kit, the
defendant gave legal advice in the course of personal contacts
concerning particular problems which might arise in the
preparation and presentation of the purchaser's asserted
matrimonial cause of action or pursuit of other legal remedies
and assistance in the preparation of necessary documents
(The injunction therefore sought to) enjoin conduct constituting
the practice of law, particularly with reference to the giving of
advice and counsel by the defendant relating to specific
problems of particular individuals in connection with a divorce,
separation, annulment of separation agreement sought and
should be affirmed. (State v. Winder, 348, NYS 2D 270 [1973],
cited in Statsky, supra at p. 101.).
1.12. Respondent, of course, states that its services are
"strictly non-diagnostic, non-advisory. "It is not controverted,
however, that if the services "involve giving legal advice or
counselling," such would constitute practice of law (Comment,
par. 6.2). It is in this light that FIDA submits that a factual
inquiry may be necessary for the judicious disposition of this
case.
xxx xxx xxxchanrobles virtual law library
2.10. Annex "A" may be ethically objectionable in that it can
give the impression (or perpetuate the wrong notion) that there
is a secret marriage. With all the solemnities, formalities and
other requisites of marriages (See Articles 2, et seq., Family
Code), no Philippine marriage can be
secret.chanroblesvirtualawlibrarychanrobles virtual law library
2.11. Annex "B" may likewise be ethically objectionable. The
second paragraph thereof (which is not necessarily related to
the first paragraph) fails to state the limitation that only
"paralegal services?" or "legal support services", and not legal
services, are available." 11chanrobles virtual law library
A prefatory discussion on the meaning of the phrase "practice
of law" becomes exigent for the proper determination of the
issues raised by the petition at bar. On this score, we note that
the clause "practice of law" has long been the subject of
judicial construction and interpretation. The courts have laid
down general principles and doctrines explaining the meaning
and scope of the term, some of which we now take into
account.chanroblesvirtualawlibrarychanrobles virtual law library
Practice of law means any activity, in or out of court, which
requires the application of law, legal procedures, knowledge,
training and experience. To engage in the practice of law is to
perform those acts which are characteristic of the profession.
Generally, to practice law is to give advice or render any kind
of service that involves legal knowledge or skill. 12chanrobles
virtual law library
The practice of law is not limited to the conduct of cases in
court. It includes legal advice and counsel, and the preparation
of legal instruments and contract by which legal rights are
secured, although such matter may or may not be pending in a
court. 13chanrobles virtual law library
In the practice of his profession, a licensed attorney at law
generally engages in three principal types of professional
activity: legal advice and instructions to clients to inform them
of their rights and obligations, preparation for clients of
documents requiring knowledge of legal principles not
possessed by ordinary layman, and appearance for clients
before public tribunals which possess power and authority to
determine rights of life, liberty, and property according to law,
in order to assist in proper interpretation and enforcement of
law. 14chanrobles virtual law library
When a person participates in the a trial and advertises himself
as a lawyer, he is in the practice of law. 15One who confers with
clients, advises them as to their legal rights and then takes the
business to an attorney and asks the latter to look after the
case in court, is also practicing law. 16Giving advice for
compensation regarding the legal status and rights of another
and the conduct with respect thereto constitutes a practice of
law. 17One who renders an opinion as to the proper
interpretation of a statute, and receives pay for it, is, to that
extent, practicing law. 18chanrobles virtual law library
In the recent case of Cayetano vs. Monsod, 19after citing the
doctrines in several cases, we laid down the test to determine
whether certain acts constitute "practice of law," thus:
Black defines "practice of law" as:chanrobles virtual law library
The rendition of services requiring the knowledge and the
application of legal principles and technique to serve the
interest of another with his consent. It is not limited to
appearing in court, or advising and assisting in the conduct of
litigation, but embraces the preparation of pleadings, and other
papers incident to actions and special proceedings,
conveyancing, the preparation of legal instruments of all kinds,
and the giving of all legal advice to clients. It embraces all
advice to clients and all actions taken for them in matters
connected with the law.
The practice of law is not limited to the conduct of cases on
court.(Land Title Abstract and Trust Co. v. Dworken , 129 Ohio
St. 23, 193N. E. 650). A person is also considered to be in the
practice of law when he:
. . . . for valuable consideration engages in the business of
advising person, firms, associations or corporations as to their
right under the law, or appears in a representative capacity as
an advocate in proceedings, pending or prospective, before
any court, commissioner, referee, board, body, committee, or
commission constituted by law or authorized to settle
controversies and there, in such representative capacity,
performs any act or acts for the purpose of obtaining or
defending the rights of their clients under the law. Otherwise
stated, one who, in a representative capacity, engages in the
business of advising clients as to their rights under the law, or
while so engaged performs any act or acts either in court or
outside of court for that purpose, is engaged in the practice of
law. (State ex. rel. Mckittrick v. C.S. Dudley and Co., 102 S. W.
2d 895, 340 Mo. 852).
This Court, in the case of Philippines Lawyers Association
v.  Agrava (105 Phil. 173, 176-177),stated:
The practice of law is not limited to the conduct of cases or
litigation in court; it embraces the preparation of pleadings and
other papers incident to actions and special proceedings, the
management of such actions and proceedings on behalf of
clients before judges and courts, and in addition, conveying. In
general, all advice to clients, and all action taken for them in
matters connected with the law incorporation services,
assessment and condemnation services contemplating an
appearance before a judicial body, the foreclosure of a
mortgage, enforcement of a creditor's claim in bankruptcy and
insolvency proceedings, and conducting proceedings in
attachment, and in matters or estate and guardianship have
been held to constitute law practice, as do the preparation and
drafting of legal instruments, where the work done involves the
determination by the trained legal mind of the legal effect of
facts and conditions. (5 Am. Jr. p. 262,
263).chanroblesvirtualawlibrarychanrobles virtual law library
Practice of law under modern conditions consists in no small
part of work performed outside of any court and having no
immediate relation to proceedings in court. It embraces
conveyancing, the giving of legal advice on a large variety of
subjects and the preparation and execution of legal
instruments covering an extensive field of business and trust
relations and other affairs. Although these transactions may
have no direct connection with court proceedings, they are
always subject to become involved in litigation. They require in
many aspects a high degree of legal skill, a wide experience
with men and affairs, and great capacity for adaptation to
difficult and complex situations. These customary functions of
an attorney or counselor at law bear an intimate relation to the
administration of justice by the courts. No valid distinction, so
far as concerns the question set forth in the order, can be
drawn between that part of the work of the lawyer which
involves appearance in court and that part which involves
advice and drafting of instruments in his office. It is of
importance to the welfare of the public that these manifold
customary functions be performed by persons possessed of
adequate learning and skill, of sound moral character, and
acting at all times under the heavy trust obligations to clients
which rests upon all attorneys. (Moran, Comments on the
Rules o Court, Vol. 3 [1973 ed.], pp. 665-666, citing In Re
Opinion of the Justices [Mass], 194 N. E. 313, quoted in Rhode
Is. Bar Assoc. v. Automobile Service Assoc. [R.I.] 197 A. 139,
144).
The practice of law, therefore, covers a wide range of activities
in and out of court. Applying the aforementioned criteria to the
case at bar, we agree with the perceptive findings and
observations of the aforestated bar associations that the
activities of respondent, as advertised, constitute "practice of
law."chanrobles virtual law library
The contention of respondent that it merely offers legal support
services can neither be seriously considered nor sustained.
Said proposition is belied by respondent's own description of
the services it has been offering, to wit:
Legal support services basically consists of giving ready
information by trained paralegals to laymen and lawyers, which
are strictly non-diagnostic, non-advisory, through the extensive
use of computers and modern information technology in the
gathering, processing, storage, transmission and reproduction
of information and communication, such as computerized legal
research; encoding and reproduction of documents and
pleadings prepared by laymen or lawyers; document search;
evidence gathering; locating parties or witnesses to a case;
fact finding investigations; and assistance to laymen in need of
basic institutional services from government or non-
government agencies, like birth, marriage, property, or
business registrations; educational or employment records or
certifications, obtaining documentation like clearances,
passports, local or foreign visas; giving information about laws
of other countries that they may find useful, like foreign divorce,
marriage or adoption laws that they can avail of preparatory to
emigration to the foreign country, and other matters that do not
involve representation of clients in court; designing and
installing computer systems, programs, or software for the
efficient management of law offices, corporate legal
departments, courts and other entities engaged in dispensing
or administering legal services. 20chanrobles virtual law library
While some of the services being offered by respondent
corporation merely involve mechanical and technical knowhow,
such as the installation of computer systems and programs for
the efficient management of law offices, or the computerization
of research aids and materials, these will not suffice to justify
an exception to the general
rule.chanroblesvirtualawlibrarychanrobles virtual law library
What is palpably clear is that respondent corporation gives out
legal information to laymen and lawyers. Its contention that
such function is non-advisory and non-diagnostic is more
apparent than real. In providing information, for example, about
foreign laws on marriage, divorce and adoption, it strains the
credulity of this Court that all the respondent corporation will
simply do is look for the law, furnish a copy thereof to the
client, and stop there as if it were merely a bookstore. With its
attorneys and so called paralegals, it will necessarily have to
explain to the client the intricacies of the law and advise him or
her on the proper course of action to be taken as may be
provided for by said law. That is what its advertisements
represent and for the which services it will consequently charge
and be paid. That activity falls squarely within the
jurisprudential definition of "practice of law." Such a conclusion
will not be altered by the fact that respondent corporation does
not represent clients in court since law practice, as the weight
of authority holds, is not limited merely giving legal advice,
contract drafting and so
forth.chanroblesvirtualawlibrarychanrobles virtual law library
The aforesaid conclusion is further strengthened by an article
published in the January 13, 1991 issue of the Starweek/The
Sunday Magazine of the Philippines Star, entitled "Rx for Legal
Problems," where an insight into the structure, main purpose
and operations of respondent corporation was given by its own
"proprietor," Atty. Rogelio P. Nogales:
This is the kind of business that is transacted everyday at The
Legal Clinic, with offices on the seventh floor of the Victoria
Building along U. N. Avenue in Manila. No matter what the
client's problem, and even if it is as complicated as the Cuneta-
Concepcion domestic situation, Atty. Nogales and his staff of
lawyers, who, like doctors are "specialists" in various fields can
take care of it. The Legal Clinic, Inc. has specialists in taxation
and criminal law, medico-legal problems, labor, litigation, and
family law. These specialist are backed up by a battery of
paralegals, counsellors and
attorneys.chanroblesvirtualawlibrarychanrobles virtual law
library
Atty. Nogales set up The Legal Clinic in 1984. Inspired by the
trend in the medical field toward specialization, it caters to
clients who cannot afford the services of the big law
firms.chanroblesvirtualawlibrarychanrobles virtual law library
The Legal Clinic has regular and walk-in clients. "when they
come, we start by analyzing the problem. That's what doctors
do also. They ask you how you contracted what's bothering
you, they take your temperature, they observe you for the
symptoms and so on. That's how we operate, too. And once
the problem has been categorized, then it's referred to one of
our specialists.chanroblesvirtualawlibrary chanrobles virtual
law library
There are cases which do not, in medical terms, require
surgery or follow-up treatment. These The Legal Clinic
disposes of in a matter of minutes. "Things like preparing a
simple deed of sale or an affidavit of loss can be taken care of
by our staff or, if this were a hospital the residents or the
interns. We can take care of these matters on a while you wait
basis. Again, kung baga sa hospital, out-patient, hindi
kailangang ma-confine. It's just like a common cold or
diarrhea," explains Atty.
Nogales.chanroblesvirtualawlibrarychanrobles virtual law
library
Those cases which requires more extensive "treatment" are
dealt with accordingly. "If you had a rich relative who died and
named you her sole heir, and you stand to inherit millions of
pesos of property, we would refer you to a specialist in
taxation. There would be real estate taxes and arrears which
would need to be put in order, and your relative is even taxed
by the state for the right to transfer her property, and only a
specialist in taxation would be properly trained to deal with the
problem. Now, if there were other heirs contesting your rich
relatives will, then you would need a litigator, who knows how
to arrange the problem for presentation in court, and gather
evidence to support the case. 21chanrobles virtual law library
That fact that the corporation employs paralegals to carry out
its services is not controlling. What is important is that it is
engaged in the practice of law by virtue of the nature of the
services it renders which thereby brings it within the ambit of
the statutory prohibitions against the advertisements which it
has caused to be published and are now assailed in this
proceeding.chanroblesvirtualawlibrarychanrobles virtual law
library
Further, as correctly and appropriately pointed out by the U.P.
WILOCI, said reported facts sufficiently establish that the main
purpose of respondent is to serve as a one-stop-shop of sorts
for various legal problems wherein a client may avail of legal
services from simple documentation to complex litigation and
corporate undertakings. Most of these services are
undoubtedly beyond the domain of paralegals, but rather, are
exclusive functions of lawyers engaged in the practice of
law. 22chanrobles virtual law library
It should be noted that in our jurisdiction the services being
offered by private respondent which constitute practice of law
cannot be performed by paralegals. Only a person duly
admitted as a member of the bar, or hereafter admitted as such
in accordance with the provisions of the Rules of Court, and
who is in good and regular standing, is entitled to practice
law. 23chanrobles virtual law library
Public policy requires that the practice of law be limited to
those individuals found duly qualified in education and
character. The permissive right conferred on the lawyers is an
individual and limited privilege subject to withdrawal if he fails
to maintain proper standards of moral and professional
conduct. The purpose is to protect the public, the court, the
client and the bar from the incompetence or dishonesty of
those unlicensed to practice law and not subject to the
disciplinary control of the court. 24chanrobles virtual law library
The same rule is observed in the american jurisdiction
wherefrom respondent would wish to draw support for his
thesis. The doctrines there also stress that the practice of law
is limited to those who meet the requirements for, and have
been admitted to, the bar, and various statutes or rules
specifically so provide. 25The practice of law is not a lawful
business except for members of the bar who have complied
with all the conditions required by statute and the rules of court.
Only those persons are allowed to practice law who, by reason
of attainments previously acquired through education and
study, have been recognized by the courts as possessing
profound knowledge of legal science entitling them to advise,
counsel with, protect, or defend the rights claims, or liabilities of
their clients, with respect to the construction, interpretation,
operation and effect of law. 26The justification for excluding
from the practice of law those not admitted to the bar is found,
not in the protection of the bar from competition, but in the
protection of the public from being advised and represented in
legal matters by incompetent and unreliable persons over
whom the judicial department can exercise little
control. 27chanrobles virtual law library
We have to necessarily and definitely reject respondent's
position that the concept in the United States of paralegals as
an occupation separate from the law profession be adopted in
this jurisdiction. Whatever may be its merits, respondent
cannot but be aware that this should first be a matter for
judicial rules or legislative action, and not of unilateral adoption
as it has done.chanroblesvirtualawlibrarychanrobles virtual law
library
Paralegals in the United States are trained professionals. As
admitted by respondent, there are schools and universities
there which offer studies and degrees in paralegal education,
while there are none in the Philippines. 28As the concept of the
"paralegals" or "legal assistant" evolved in the United States,
standards and guidelines also evolved to protect the general
public. One of the major standards or guidelines was
developed by the American Bar Association which set up
Guidelines for the Approval of Legal Assistant Education
Programs (1973). Legislation has even been proposed to
certify legal assistants. There are also associations of
paralegals in the United States with their own code of
professional ethics, such as the National Association of Legal
Assistants, Inc. and the American Paralegal
Association. 29chanrobles virtual law library
In the Philippines, we still have a restricted concept and limited
acceptance of what may be considered as paralegal service.
As pointed out by FIDA, some persons not duly licensed to
practice law are or have been allowed limited representation in
behalf of another or to render legal services, but such
allowable services are limited in scope and extent by the law,
rules or regulations granting permission therefor. 30chanrobles
virtual law library
Accordingly, we have adopted the American judicial policy that,
in the absence of constitutional or statutory authority, a person
who has not been admitted as an attorney cannot practice law
for the proper administration of justice cannot be hindered by
the unwarranted intrusion of an unauthorized and unskilled
person into the practice of law. 31That policy should continue to
be one of encouraging persons who are unsure of their legal
rights and remedies to seek legal assistance only from persons
licensed to practice law in the state. 32chanrobles virtual law
library
Anent the issue on the validity of the questioned
advertisements, the Code of Professional Responsibility
provides that a lawyer in making known his legal services shall
use only true, honest, fair, dignified and objective information
or statement of facts. 33He is not supposed to use or permit the
use of any false, fraudulent, misleading, deceptive, undignified,
self-laudatory or unfair statement or claim regarding his
qualifications or legal services. 34Nor shall he pay or give
something of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal
business. 35Prior to the adoption of the code of Professional
Responsibility, the Canons of Professional Ethics had also
warned that lawyers should not resort to indirect
advertisements for professional employment, such as
furnishing or inspiring newspaper comments, or procuring his
photograph to be published in connection with causes in which
the lawyer has been or is engaged or concerning the manner
of their conduct, the magnitude of the interest involved, the
importance of the lawyer's position, and all other like self-
laudation. 36chanrobles virtual law library
The standards of the legal profession condemn the lawyer's
advertisement of his talents. A lawyer cannot, without violating
the ethics of his profession. advertise his talents or skill as in a
manner similar to a merchant advertising his goods. 37The
prescription against advertising of legal services or solicitation
of legal business rests on the fundamental postulate that the
that the practice of law is a profession. Thus, in the case of
The Director of Religious Affairs. vs. Estanislao R. Bayot 38 an
advertisement, similar to those of respondent which are
involved in the present proceeding, 39was held to constitute
improper advertising or
solicitation.chanroblesvirtualawlibrarychanrobles virtual law
library
The pertinent part of the decision therein reads:
It is undeniable that the advertisement in question was a
flagrant violation by the respondent of the ethics of his
profession, it being a brazen solicitation of business from the
public. Section 25 of Rule 127 expressly provides among other
things that "the practice of soliciting cases at law for the
purpose of gain, either personally or thru paid agents or
brokers, constitutes malpractice." It is highly unethical for an
attorney to advertise his talents or skill as a merchant
advertises his wares. Law is a profession and not a trade. The
lawyer degrades himself and his profession who stoops to and
adopts the practices of mercantilism by advertising his services
or offering them to the public. As a member of the bar, he
defiles the temple of justice with mercenary activities as the
money-changers of old defiled the temple of Jehovah. "The
most worthy and effective advertisement possible, even for a
young lawyer, . . . . is the establishment of a well-merited
reputation for professional capacity and fidelity to trust. This
cannot be forced but must be the outcome of character and
conduct." (Canon 27, Code of Ethics.).
We repeat, the canon of the profession tell us that the best
advertising possible for a lawyer is a well-merited reputation for
professional capacity and fidelity to trust, which must be
earned as the outcome of character and conduct. Good and
efficient service to a client as well as to the community has a
way of publicizing itself and catching public attention. That
publicity is a normal by-product of effective service which is
right and proper. A good and reputable lawyer needs no
artificial stimulus to generate it and to magnify his success. He
easily sees the difference between a normal by-product of able
service and the unwholesome result of
propaganda. 40chanrobles virtual law library
Of course, not all types of advertising or solicitation are
prohibited. The canons of the profession enumerate exceptions
to the rule against advertising or solicitation and define the
extent to which they may be undertaken. The exceptions are of
two broad categories, namely, those which are expressly
allowed and those which are necessarily implied from the
restrictions. 41chanrobles virtual law library
The first of such exceptions is the publication in reputable law
lists, in a manner consistent with the standards of conduct
imposed by the canons, of brief biographical and informative
data. "Such data must not be misleading and may include only
a statement of the lawyer's name and the names of his
professional associates; addresses, telephone numbers, cable
addresses; branches of law practiced; date and place of birth
and admission to the bar; schools attended with dates of
graduation, degrees and other educational distinction; public or
quasi-public offices; posts of honor; legal authorships; legal
teaching positions; membership and offices in bar associations
and committees thereof, in legal and scientific societies and
legal fraternities; the fact of listings in other reputable law lists;
the names and addresses of references; and, with their written
consent, the names of clients regularly
represented." 42chanrobles virtual law library
The law list must be a reputable law list published primarily for
that purpose; it cannot be a mere supplemental feature of a
paper, magazine, trade journal or periodical which is published
principally for other purposes. For that reason, a lawyer may
not properly publish his brief biographical and informative data
in a daily paper, magazine, trade journal or society program.
Nor may a lawyer permit his name to be published in a law list
the conduct, management or contents of which are calculated
or likely to deceive or injure the public or the bar, or to lower
the dignity or standing of the profession. 43chanrobles virtual
law library
The use of an ordinary simple professional card is also
permitted. The card may contain only a statement of his name,
the name of the law firm which he is connected with, address,
telephone number and special branch of law practiced. The
publication of a simple announcement of the opening of a law
firm or of changes in the partnership, associates, firm name or
office address, being for the convenience of the profession, is
not objectionable. He may likewise have his name listed in a
telephone directory but not under a designation of special
branch of law. 44chanrobles virtual law library
Verily, taking into consideration the nature and contents of the
advertisements for which respondent is being taken to task,
which even includes a quotation of the fees charged by said
respondent corporation for services rendered, we find and so
hold that the same definitely do not and conclusively cannot fall
under any of the above-mentioned
exceptions.chanroblesvirtualawlibrarychanrobles virtual law
library
The ruling in the case of Bates, et al. vs. State Bar of
Arizona, 45 which is repeatedly invoked and constitutes the
justification relied upon by respondent, is obviously not
applicable to the case at bar. Foremost is the fact that the
disciplinary rule involved in said case explicitly allows a lawyer,
as an exception to the prohibition against advertisements by
lawyers, to publish a statement of legal fees for an initial
consultation or the availability upon request of a written
schedule of fees or an estimate of the fee to be charged for the
specific services. No such exception is provided for, expressly
or impliedly, whether in our former Canons of Professional
Ethics or the present Code of Professional Responsibility.
Besides, even the disciplinary rule in the Bates case contains a
proviso that the exceptions stated therein are "not applicable in
any state unless and until it is implemented by such authority in
that state." 46This goes to show that an exception to the general
rule, such as that being invoked by herein respondent, can be
made only if and when the canons expressly provide for such
an exception. Otherwise, the prohibition stands, as in the case
at bar.chanroblesvirtualawlibrarychanrobles virtual law library
It bears mention that in a survey conducted by the American
Bar Association after the decision in Bates, on the attitude of
the public about lawyers after viewing television commercials, it
was found that public opinion dropped significantly 47 with
respect to these characteristics of lawyers:
Trustworthy from 71% to 14%
Professional from 71% to 14%
Honest from 65% to 14%
Dignified from 45% to 14%
Secondly, it is our firm belief that with the present situation of
our legal and judicial systems, to allow the publication of
advertisements of the kind used by respondent would only
serve to aggravate what is already a deteriorating public
opinion of the legal profession whose integrity has consistently
been under attack lately by media and the community in
general. At this point in time, it is of utmost importance in the
face of such negative, even if unfair, criticisms at times, to
adopt and maintain that level of professional conduct which is
beyond reproach, and to exert all efforts to regain the high
esteem formerly accorded to the legal
profession.chanroblesvirtualawlibrarychanrobles virtual law
library
In sum, it is undoubtedly a misbehavior on the part of the
lawyer, subject to disciplinary action, to advertise his services
except in allowable instances 48or to aid a layman in the
unauthorized practice of law. 49Considering that Atty. Rogelio
P. Nogales, who is the prime incorporator, major stockholder
and proprietor of The Legal Clinic, Inc. is a member of the
Philippine Bar, he is hereby reprimanded, with a warning that a
repetition of the same or similar acts which are involved in this
proceeding will be dealt with more
severely.chanroblesvirtualawlibrarychanrobles virtual law
library
While we deem it necessary that the question as to the legality
or illegality of the purpose/s for which the Legal Clinic, Inc. was
created should be passed upon and determined, we are
constrained to refrain from lapsing into an obiter on that aspect
since it is clearly not within the adjudicative parameters of the
present proceeding which is merely administrative in nature. It
is, of course, imperative that this matter be promptly
determined, albeit in a different proceeding and forum, since,
under the present state of our law and jurisprudence, a
corporation cannot be organized for or engage in the practice
of law in this country. This interdiction, just like the rule against
unethical advertising, cannot be subverted by employing some
so-called paralegals supposedly rendering the alleged support
services.chanroblesvirtualawlibrarychanrobles virtual law
library
The remedy for the apparent breach of this prohibition by
respondent is the concern and province of the Solicitor General
who can institute the corresponding quo
warranto action, 50 after due ascertainment of the factual
background and basis for the grant of respondent's corporate
charter, in light of the putative misuse thereof. That spin-off
from the instant bar matter is referred to the Solicitor General
for such action as may be necessary under the
circumstances.chanroblesvirtualawlibrarychanrobles virtual law
library
ACCORDINGLY, the Court Resolved to RESTRAIN and
ENJOIN herein respondent, The Legal Clinic, Inc., from issuing
or causing the publication or dissemination of any
advertisement in any form which is of the same or similar tenor
and purpose as Annexes "A" and "B" of this petition, and from
conducting, directly or indirectly, any activity, operation or
transaction proscribed by law or the Code of Professional
Ethics as indicated herein. Let copies of this resolution be
furnished the Integrated Bar of the Philippines, the Office of the
Bar Confidant and the Office of the Solicitor General for
appropriate action in accordance herewith.