CHAPTER 1
Requirements “before admission to the
bar” or for continuous “practice of law”,
etc.
What is practice of law?
• The Court ruled that the term
“practice of law” implies customarily
or habitually holding oneself out to the
public as a lawyer for compensation
as a source of livelihood or in
consideration of his services. The
Court further ruled that holding one’s
self out as a lawyer may be shown by
acts indicative of that purpose, such
as identifying oneself as attorney,
appearing in court in representation
of a client, or associating oneself as a
partner of a law office for the general
practice of law. - Atty. Noe-Lacsaman
v. Atty. Busmente, A.C. No. 7269
[2011]
• Any activity, in and out of court, that
requires the application of law, legal
procedure, knowledge, training and
experience. Moreover, we ruled that
to engage in the practice of law is to
perform those acts which are
characteristics of the profession; to
practice law is to give notice or render
any kind of service, which device or
service requires the use in any
degree of legal
knowledge or skill. - Query of Atty.
Silverio-Buffe, A.M. No. 08-6-
352-RTC [2009]
• 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, conveyancing.
• In general, all advice to clients, and all
action taken for them in matters
connected with the law xxx. - Aguirre
v. Rana, B. M. No.
1036 . June 10, 2003
Who may practice law?
• Section 1, Rule 138 of the Rules of
Court provides: Who may practice
law. – Any person heretofore duly
admitted as a member of the bar, or
thereafter admitted as such in
accordance with the provisions of this
Rule, and who is in good and regular
standing, is entitled to practice law.
Passing the bar exam is not enough
• A bar candidate does not acquire the
right to practice law simply by passing
the bar examinations. The practice of
law is a privilege that can be withheld
even from one who has passed the
bar examinations, if the person
seeking admission had practiced law
without a license.
• True, respondent here passed the
2000 Bar Examinations and took the
lawyer’s oath. However, it is the
signing in the Roll of Attorneys that
finally makes one a full-fledged
lawyer. The fact that respondent
passed the bar examinations is
immaterial. Passing the bar is not the
only qualification to become an attorn
ey-at-law. Respondent should know
that two essential requisites for
becoming a lawyer still had to be
performed, namely: his lawyer’s oath
to be administered by this Court and
his signature in the Roll of Attorneys.
– Aguirre v. Rana, B. M. No. 1036.
June 10, 2003
Signing of the Lawyer’s Oath is not
equivalent to “taking the oath”
• Respondent Abad should know that
the circumstances which he has
narrated do not constitute his
admission to the Philippine Bar and
the right to practice law thereafter. He
should know that two essential
requisites for becoming a lawyer still
had to be performed, namely: his
lawyer's oath to be administered by
this Court and his signature in the Roll
of Attorneys. (Rule 138, Secs.
17 and 19, Rules of Court.) - Re: Elmo
Abad, A. M. No. 139
[1983]
Whether or not a lawyer is entitled to
exemption from payment of his IBP dues
during the time that he was inactive in
the practice of law
• Thus, payment of dues is a necessary
consequence of membership in the
IBP, of which no one is exempt. This
means
that the compulsory nature of
payment of dues subsists for as long
as one’s membership in the IBP
remains regardless of the lack of
practice of, or the type of practice, the
member is engaged in.
• There is nothing in the law or rules
which allows exemption from
payment of membership dues. At
most, as correctly observed by the
IBP, he could have informed the
Secretary of the Integrated Bar of his
intention to stay abroad before he left.
In such case, his membership in the
IBP could have been terminated and
his obligation to pay dues could have
been discontinued. - Letter of Atty.
Cecilio Y. Arevalo Jr. B.M. 1370 May
9, 2005
Is IBP membership fee a form of tax?
• For the court to prescribe dues to be
paid by the members does not mean
that the Court is attempting to levy a
tax.
• A membership fee in the Bar
association is an exaction for
regulation, while tax purpose of a tax
is a revenue. If the judiciary has
inherent power to regulate the Bar, it
follows that as an incident to
regulation, it may impose a
membership fee for that purpose. It
would not be possible to put on an
integrated Bar program without
means to defray the expenses. The
doctrine of implied powers
necessarily carries with it the power to
impose such exaction. - Letter of Atty.
Cecilio Y. Arevalo Jr. B.M. 1370 May
9, 2005
There is no provision under the CPR
which prohibits the unauthorized practice
of law
• CANON 9 - A lawyer shall not, directly
or indirectly, assist in the
unauthorized practice of law.
• While a reading of Canon 9 appears
to merely prohibit lawyers from
assisting in the unauthorized practice
of law, the unauthorized practice of
law by the lawyer himself is
subsumed under this provision,
because at the heart of Canon 9 is the
lawyer's duty to prevent the
unauthorized practice of law. Petition
to sign in the Roll of Attorneys,
Medado, B.M. No. 2540
[2013]
Examples of unauthorized practice of law
• In the cases where we found a party
liable for the unauthorized practice of
 law, the party was guilty of some overt
act like: 1. signing court pleadings on
behalf of his client;
2. appearing before court hearings
as an attorney;
3. manifesting before the court that
he will practice law despite being
previously denied admission to
the bar; or
4. deliberately attempting to practice
law and
5. holding out himself as an attorney
through circulars with full
knowledge that he is not licensed
to do so.
- Normatan & Pagayokan v.
Balajadia, G.R. No. 169517 2006
Pre-law requirements
• Rule 138 Sec. 6. Pre-Law. - No
applicant for admission to the bar
examination shall be admitted unless
he presents a certificate that he has
satisfied the Secretary of Education
that, before he began the study of
law, he had pursued and satisfactorily
completed in an authorized and
recognized university or college,
requiring for admission thereto the
completion of a four-year high school
course, the course of study
prescribed therein for a bachelor's
degree in arts or sciences with any of
the following subjects as major or field
of concentration: political science,
logic, english, spanish, history and
economics.
Violation of Rule 138 section 6
• “[ b]y utilizing the school records of his
cousin and name-sake, Juan M.
Publico when, in actual fact, petitioner
had not completed Grade VI of his
elementary schooling, much less,
First and Second Year High School.”
• For all the foregoing, we find and so
hold that respondent falsified his
school records, by making it appear
that he had finished or completed
Grade VI elementary and First and
Second Year high school, when in
truth and in fact he had not, thereby
violating the provisions of Sections 5
and 6, Rule 127 of the Rules of Court,
which require completion by a bar
examinee or candidate of the
prescribed courses in elementary,
high, pre-law and law school, prior to
his admission to the practice of law. -
In re: Juan Publico,Petition for
Reinstatement in the Roll of Attorneys
February 20, 1981
Applicant should be ready to present
evidence of good moral character
• When applicants seek admission to
the bar, they have placed their
character at issue. Therefore, the
applicant bears the burden of
producing information proving good
moral character. - Mitchell Simon ,
Nick Smith and Nicole Negowetti
Grossly immoral act
• A grossly immoral act is one that is so
corrupt and false as to constitute a
criminal act or so unprincipled or
disgraceful as to be reprehensible to
a high degree. It is a willful, flagrant,
or shameless act which shows a
moral indifference to the opinion of
respectable members of the
community. - Figueroa v. Barranco,
Jr. SBC Case No. 519 1997
Is breach of promise to marry gross
immorality?
 Respondent was prevented from
taking the lawyer’s oath in 1971
because of the charges of gross
immorality made by complainant. To
recapitulate, respondent bore an
illegitimate child with his sweetheart,
Patricia Figueroa, who also claims
that he did not fulfill his promise to
marry her after he passes the bar
examinations.
We find that these facts do not
constitute gross immorality
warranting the permanent exclusion
of respondent from the legal
profession. His engaging in
premarital sexual relations with
complainant and promises to marry
suggests a doubtful moral character
on his part but the same does not
constitute grossly immoral conduct.
The Court has held that to justify
suspension or disbarment the act
complained of must not only be
immoral, but grossly immoral. -
Figueroa v. Barranco, Jr. SBC Case
No. 519
1997
Good moral character v. Rehabilitation
• When an applicant for admission to
the bar has committed firstdegree
murder, a crime that demonstrates an
extreme lack of good moral character,
he must make an extraordinary
showing of present good moral
character to establish that he or she
is qualified to be admitted to the
practice of law xxx.
• To show rehabilitation, [one] must
show that he has accepted
responsibility for his criminal conduct.
• Rehabilitation is a necessary, but not
sufficient, ingredient of good moral
character of bar applicant who had
been convicted of a serious felony;
applicant must establish his current
good moral character, independent of
and in addition to, evidence of
rehabilitation. - In re: James Joseph
Hamm 123 P.3d 652 [2005]
Rehabilitation is not enough
Even assuming that [one] has
established rehabilitation, showing
rehabilitation from criminal conduct
does not, in itself, establish good
moral character.
Rehabilitation is a necessary, but not
sufficient, ingredient of good moral
character. An applicant must
establish his current good moral
character, independent of and in
addition to, evidence of rehabilitation.
Even assuming that he has
established rehabilitation, showing
rehabilitation from criminal conduct
does not, in itself, establish good
moral character. - In re: James
Joseph Hamm 123
P.3d 652 [2005]
What is an “upright character” ?
• 'Upright character' is something more
than an absence of bad character. It
means that he [an applicant for
admission] must have conducted
himself as a man of upright character
ordinarily would, should, or does.
Such character expresses itself not in
negatives
nor in following the line of least
resistance, but quite often in the will
to do the unpleasant thing if it is right,
and the resolve not to do the pleasant
thing if it is wrong. - In re: James
Joseph Hamm
123 P.3d 652 [2005]
Past and Present moral character
• We also agree with Hamm that, under
the Rule applicable to Hamm's
application, our concern must be with
the applicant's present moral
character. In Greenberg, we
explained that "it is
[ the applicant's] moral character as of
now with which we are concerned."
xxx Past misconduct, however, is not
irrelevant.
Rather, this Court must determine
what past bad acts reveal about an
applicant's current character. - In re:
James Joseph Hamm 123
P.3d 652 [2005]
Effect of prior criminal conviction
• “Although a prior conviction is not
conclusive of a lack of present good
moral character, ... it adds to his
burden of establishing present good
character by requiring convincing
proof of his full and complete
rehabilitation.”­ In re: James Joseph
Hamm 123 P.3d 652 [2005]
Can a lawyer-detainee practice law?
• As a matter of law, when a person
indicted for an offense is arrested, he
is deemed placed under the custody
of the law. He is placed in actual
restraint of liberty in jail so that he
may be bound to answer for the
commission of the offense. He must
be detained in jail during the
pendency of the case against him,
unless he is authorized by the court to
be released on bail or on
recognizance. Let it be stressed that
all prisoners whether under
preventive detention or serving final
sentence can not practice their
profession nor engage in any
business or occupation, or hold office,
elective or appointive, while in
detention. This is a necessary
consequence of arrest and detention.
– PP v. Hon. Maceda and Javellana
G.R. No. 89591-96 January 24, 2000
What is the effect of non-payment of IBP
dues?
• Rule 139-A, Section 10 which
provides that "default in the payment
of annual dues for six months shall
warrant suspension of membership in
the Integrated Bar, and default in
such payment for one year shall be a
ground for the removal of the name of
the delinquent member from the Roll
of Attorneys.” ­ Santos, Jr. V. Atty.
Llamas A.C No. 4749 [2000]
Misrepresenting to the public and the
courts that he had paid his IBP dues
By indicating "IBP-Rizal 259060" in
his pleadings and thereby
misrepresenting to the public and the
courts that he had paid his IBP dues
to the Rizal Chapter, respondent is
guilty of violating the Code of
Professional Responsibility which
provides:
Rule 1.01 - A lawyer shall not engage
in unlawful, dishonest, immoral or
deceitful conduct.
CANON 7 - A LAWYER SHALL AT
ALL TIMES UPHOLD THE
INTEGRITY AND DIGNITY OF THE
LEGAL PROFESSION, AND
SUPPORT THE ACTIVITIES OF
THE INTEGRATED BAR.
CANON 10 - A LAWYER OWES
CANDOR, FAIRNESS AND GOOD
FAITH TO THE COURT.
 Rule 10.01 - A lawyer shall not do any
falsehood, nor consent to the doing of
any court; nor shall he mislead or
allow the court to be misled by any
artifice. - Santos, Jr. V. Atty. Llamas
A.C No. 4749
[2000]
Is a “senior citizen” lawyer exempted
from payment of ITR also exempted from
payment of IBP dues?
• While it is true that R.A. No. 7432, §4
grants senior citizens "exemption
from the payment of individual
income taxes: provided, that their
annual taxable income does not
exceed the poverty level as
determined by the National Economic
and Development Authority (NEDA)
for that year," the exemption does not
include payment of membership or
association dues. Santos, Jr. V. Atty.
Llamas A.C No. 4749 [2000]
Intent is necessary to be guilty of
unauthorized practice of law
• In several cases, we have ruled that
the unauthorized practice of law by
assuming to be an attorney and
acting as such without authority
constitutes indirect contempt which is
punishable by fine or imprisonment or
both. The liability for the
unauthorized practice of law under
Section 3(e), Rule 71 of the Rules of
Court is in the nature of criminal
contempt and the acts are punished
because they are an affront to the
dignity and authority of the court, and
obstruct the orderly administration of
justice. In determining liability for
criminal contempt, well-settled is the
rule that intent is a necessary
element, and no one can be punished
unless the evidence makes it clear
that he intended to commit it. -
Normatan & Pagayokan v. Balajadia,
G.R. No. 169517 2006
Does giving up Philippine citizenship
automatically result into lost of
membership in the Philippine bar?
• The Constitution provides that the
practice of all professions in the
Philippines shall be limited to Filipino
citizens save in cases prescribed by
law. Since Filipino citizenship is a
requirement for admission to the bar,
loss thereof terminates membership
in the Philippine bar and,
consequently, the privilege to engage
in the practice of law. In other words,
the loss of Filipino citizenship ipso
jure terminates the privilege to
practice law in the Philippines. The
practice of law is a privilege denied to
foreigners.
- Petition for leave to resume practice of
law,Dacanay B.M. No.
1678 December 17, 2007
May a lawyer who has lost his Filipino
citizenship still practice law in the
Philippines?
• The Constitution provides that the
practice of all professions in the
Philippines shall be limited to Filipino
citizens save in cases prescribed by law.
Since Filipino citizenship is a
requirement for admission to the bar,
loss thereof terminates membership in
the Philippine bar and, consequently, the
privilege to engage in the practice of law.
In other words, the loss of Filipino
citizenship ipso jure terminates the
privilege to practice law in the
Philippines. The practice of law is a
privilege denied to foreigners. - Petition
for leave to resume practice of
law,Dacanay B.M. No. 1678 December
17 , 2007
Effect of reacquisition of Filipino
citizenship
• A Filipino lawyer who becomes a
citizen of another country and later
re-acquires his Philippine citizenship
under R.A. No. 9225, remains to be a
member of the Philippine Bar. –
Petition to reacquire the privilege to
practice law in the Philippines,
Muneses, B.M. 2112 [2012]
Requirements before one can resume
practice of law after reacquiring Filipino
citizenship
• Before a lawyer who reacquires
Filipino citizenship pursuant to RA
9225 can resume his law practice, he
must first secure from this Court the
authority to do so, conditioned on:
a) the updating and payment in full of the
annual membership dues
in the IBP;
b) the payment of professional tax;
c) the completion of at least 36 credit
hours of mandatory continuing legal
education; this is specially significant
to refresh the applicant/petitioner’s
knowledge of Philippine laws and
update him of legal developments
and
d) the retaking of the lawyer’s oath
which will not only remind him of his
duties and responsibilities as a lawyer
and as an officer of the Court, but also
renew his pledge to maintain
allegiance to the Republic of the
Philippines. – Petition for leave to
resume practice of law, Dacanay
B.M. No. 1678 December 17, 2007
What is the purpose for requiring the
retaking of Lawyer’s Oath?
• The retaking of the lawyer’s oath
which will not only remind him of
his duties and responsibilities as a
lawyer and as an officer of the
Court, but also renew his pledge
to maintain allegiance to the
Republic of the Philippines.
Citizenship requirement in order to
practice law in the Philippines
• Constitution Art. 12 Section 14.
xxx. The practice of all
professions in the Philippines
shall be limited to Filipino citizens,
save in cases prescribed by law.
Requirements for all applicants for
admission to the bar
• Section 2, Rule 138 (Attorneys
and Admission to Bar) of the
Rules of Court:
Requirements for all applicants for
admission to the bar. – Every
applicant for admission as a
member of the bar must be a
citizen of the Philippines, at least
twenty-one years of age, of good
moral character, and a resident of
the Philippines; and must produce
before the Supreme Court
satisfactory evidence of good
moral character, and that no
charges against him, involving
moral turpitude, have been filed or
are pending in any court in the
Philippines.
Continuing requirements to practice law
• The second requisite for the
practice of law ― membership in
good standing ― is a continuing
requirement. This means
continued membership and,
 concomitantly, payment of annual
membership dues in the IBP;
payment of the annual
professional tax; compliance with
the mandatory continuing legal
education requirement; faithful
observance of the rules and ethics
of the legal profession and being
continually subject to judicial
disciplinary control. -Petition for
leave to resume practice of
law,Dacanay
B.M. No. 1678 December 17, 2007
Phases of admission to the bar
• Moreover, admission to the bar
involves various phases such as
furnishing satisfactory proof of
educational, moral and other
qualifications; passing the bar
examinations; taking the lawyer’s
oath and signing the roll of
attorneys and receiving from the
clerk of court of this Court a
certificate of the license to
practice. Petition for leave to
resume practice of law,Dacanay
B.M. No.
1678 December 17, 2007
Can a successful examinee take his oath
before any person allowed by law to
administer an oath?
• Rule 138 Sec. 17. Admission and
oath of successful applicants. An
applicant who has passed the
required examination, or has been
otherwise found to be entitled to
admission to the bar, shall take
and subscribe before the
Supreme Court the corresponding
oath of office.
• Inasmuch as the oath as lawyer is
a prerequisite to the practice of
law and may be taken only, before
the Supreme Court, by those
authorized by the latter to engage
in such practice xxx. – PP v. De
Luna, et. al. G.R. Nos.
L-10236-48. January 31, 1958
Section 2. Section 41 of the
Administrative Code of 1987 is hereby
amended to read as follows
Sec. 41. Officers Authorized to
Administer Oath. - The following officers
have general authority to administer
oaths:
• President;
• Vice-President;
• Members and Secretaries of both
Houses of the Congress;
• Members of the Judiciary;
• Secretaries of Departments;
• provincial governors and
lieutenant-governors;
• city mayors;
• municipal mayors;
• bureau directors;
• regional directors;
• clerks of courts;
• registrars of deeds;
• other civilian officers in the public
service of the government of the
Philippines whose appointments
are vested in the President and
are subject to confirmation by the
Commission on Appointments;
• all other constitutional officers;
• and notaries public."
Duties of Attorneys
• Rule 138 section 20 - It is the duty
of an attorney: (a) To maintain
allegiance to the Republic of the
Philippines and to support the
Constitution and obey the laws of
the Philippines; (b) To observe
 and maintain the respect due to
the courts of justice and judicial
officers;
(c) To counsel or maintain such
actions or proceedings only as appear to
him to be just, and such defenses only as
he believes to be honestly debatable
under the law;
(d) To employ, for the purpose of
maintaining the causes confided to him,
such means only as are consistent with
truth and honor, and never seek to
mislead the judge or any judicial officer
by an artifice or false statement of fact or
law;
(e) To maintain inviolate the
confidence, and at every peril to himself,
to preserve the secrets of his client, and
to accept no compensation in connection
with his client's business except from him
or with his knowledge and approval;
(f) To abstain from all offensive
personality and to advance no fact
prejudicial to the honor or reputation of a
party or witness, unless required by the
justice of the cause with which he is
charged;
(g) Not to encourage either the
commencement or the continuance of an
action or proceeding, or delay any man's
cause, from any corrupt motive or
interest;
(h) Never to reject, for any
consideration personal to himself, the
cause of the defenseless or oppressed;
(i) In the defense of a person
accused of crime, by all fair and
honorable means, regardless of his
personal opinion as to the guilt of the
accused, to present every defense that
the law permits, to the end that no person
may be deprived of life or liberty, but by
due process of law.
What is a lawyer’s proof of authority to
practice of law?
• Rule 138 Sec. 18. Certificate. - The
Supreme Court shall thereupon admit
the applicant as a member of the bar
for all the courts of the Philippines,
and shall direct an order to be entered
to that effect upon its records, and
that a certificate of such record be
given to him by the clerk of court,
which certificate shall be his authority
to practice.
Failure to sign in the Roll of Attorneys
• Petitioner did not sign in the Roll of
Attorneys for 32 years. What he had
signed at the entrance of the PICC
was probably just an attendance
record.
• As Medado is not yet a full-fledged
lawyer, we cannot suspend him from
the practice of law. However, we see
it fit to impose upon him a penalty akin
to suspension by allowing him to sign
in the Roll of Attorneys one ( 1) year
after receipt of this Resolution. For his
transgression of the prohibition
against the unauthorized practice of
law, we likewise see it fit to fine him in
the amount of P32,000. – Petition to
sign in the Roll of Attorneys, Medado,
B.M. No. 2540 [2013]
Certificate of Membership & Certificate of
Membership in Good Standing in IBP
• Certificate of Membership in the
Integrated Bar of the Philippines as
well as a Certificate of Membership in
Good Standing with the Quezon City
Chapter of the Integrated Bar of the
Philippines do not constitute his
admission to the Philippine
Bar and the right to practice law
thereafter. - Re: Elmo Abad,
 A. M. No. 139 [1983]
Requirements after flunking the bar 3
times
• Sec. 16. Failing candidates to take
review course. - Candidates who
have failed the bar examinations for
three times shall be disqualified from
taking another examination unless
they show to the satisfaction of the
court that they have enrolled in and
passed regular fourth year review
classes as well as attended a pre-bar
review course in a recognized law
school.
• Enrollment and completion of pre-bar
review course is an additional
requirement under Rule 138 of the
Rules of Court for those who failed
the bar examinations for three (3) or
more times. In re: Purisima, B.M. Nos.
979 and 986 [2002]
The professors of the individual review
subjects attended by the candidates
under this rule shall certify under oath
that the candidates have regularly
attended classes and passed the
subjects under the same conditions as
ordinary students and the ratings
obtained by them in the particular
subject.
Authority to appear in behalf of a client
• Sec. 21. Authority of attorney to
appear. - An attorney is presumed to
be properly authorized to represent
any cause in which he appears, and
no written “power of attorney” is
required to authorize him to appear in
court for his client, but the presiding
judge may, on motion of either party
and on reasonable grounds therefor
being shown, require any attorney
who assumes the right to appear in a
case to produce or prove the authority
under which he appears, and to
disclose, whenever pertinent to any
issue, the name of the person who
employed him, and may thereupon
make such order as justice requires.
An attorney wilfully appearing in court
for a person without being employed,
unless by leave of the court, may be
punished for contempt as an officer of
the court who has misbehaved in his
official transactions.
A “Counselor” is not an “Attorney”
• The title of "attorney" is reserved to
those who, having obtained the
necessary degree in the study of law
and successfully taken the Bar
Examinations, have been admitted to
the Integrated Bar of the Philippines
and remain members thereof in good
standing; and it is they only who are
authorized to practice law in this
jurisdiction.
• His disinclination to use the title of
"counselor" does not warrant his use
of the title of attorney. - Alawi v.
Alauya, A.M. SDC-97-2-
P. February 24, 1997
Prohibited acts of an examinee
• Rule 138 Sec. 12. Committee of
examiners. - Examinations shall be
conducted by a committee of bar
examiners to be appointed by the
Supreme Court. This committee shall
be composed of a Justice of the
Supreme Court, who shall act as
chairman, and who shall be
designated by the court to serve for
one year, and eight members of the
bar of the Philippines, who shall hold
 office for a period of one year. The
names of the members of this
committee shall be published in each
volume of the official reports.
• Rule 138 Sec. 13. Disciplinary
measures. - No candidate shall
endeavor to influence any member of
the committee, and during
examination the candidates shall not
communicate with each other nor
shall they give or receive any
assistance. The candidate who
violates this provision, or any other
provision of this rule, shall be barred
from the examination, and the same
to count as a failure against him, and
further disciplinary action, including
permanent disqualification, may be
taken in the discretion of the court.
Can an “indefinite suspension” from the
practice of law prohibit a lawyer from
filing a citizen or taxpayer suit?
• Petitioner Alan F. Paguia (petitioner),
as citizen and taxpayer, filed this
original action for the writ of certiorari
to invalidate President Gloria
Macapagal­Arroyo’s nomination of
respondent former Chief Justice
Hilario G. Davide, Jr. (respondent
Davide) as Permanent
Representative to the United Nations
(UN) for violation of Section 23 of
Republic Act No. 7157 (RA 7157), the
Philippine Foreign Service Act of
1991.
• In their separate Comments,
respondent Davide, the Office of the
President, and the Secretary of
Foreign Affairs (respondents) raise
threshold issues against the petition.
First, they question petitioner’s
standing to bring this suit because of
his indefinite suspension from the
practice of law.
• An incapacity to bring legal actions
peculiar to petitioner also obtains.
Petitioner’s suspension from the
practice of law bars him from
performing “any activity, in or out of
court, which requires the application
of law, legal procedure, knowledge,
training and experience.” Certainly,
preparing a petition raising carefully
crafted arguments on equal
protection grounds and employing
highly legalistic rules of statutory
construction to parse Section
23 of RA 7157 falls within the
proscribed conduct. - Paguia v. Office
of the President, G.R. No. 176278
[2010]
CHAPTER 2
L
aw Student Rule RULE
138-A
LAW
STUDENT
PRACTICE
RULE SC
Circular No.
19, prom. Dec.
19, 1986
• SECTION 1. Conditions for Student
Practice. — A law student who has
successfully completed his 3rd year
of the regular four-year prescribed
law curriculum and is enrolled in a
recognized law school's clinical legal
education program approved by the
Supreme Court, may appear without
compensation in any civil, criminal or
administrative case before any trial
court, tribunal, board or officer, to
 present any indigent clients accepted
by the legal clinic of the law school.
• Sec. 2. Appearance. — The
appearance of the law student
authorized by this rule, shall be under
the direct supervision and control of a
member of the Integrated Bar of the
Philippines duly accredited by the law
school. Any and all pleadings,
motions, briefs, memoranda or other
papers to be filed, must be signed by
the supervising attorney for and in
behalf of the legal clinic.
• The phrase "direct supervision and
control" requires no less than the
physical presence of the supervising
lawyer during the hearing.
• Sec. 3. Privileged communications.
— The Rules safeguarding privileged
communications between attorney
and client shall apply to similar
communications made to or received
by the law student, acting for the legal
clinic.
• Sec. 4. Standards of conduct and
supervision. — The law student shall
comply with the standards of
professional conduct governing
members of the Bar. Failure of an
attorney to provide adequate
supervision of student practice may
be a ground for disciplinary action.
Rule 138 (RRC) Sec. 34
• Rule 138 (RRC) Sec. 34. By whom
litigation conducted. - In the court of a
justice of the peace a party may
conduct his litigation in person, with
the aid of an agent or friend appointed
by him for that purpose, or with the aid
of an attorney.
In any other court, a party may conduct
his litigation personally or by aid of an
attorney, and his appearance must be
either personal or by a duly authorized
member of the bar.
Rule 138 section 34 does not apply in
cases before the RTC
• The Rules are clear. In municipal
courts, the litigant may be assisted by
a friend, agent, or an attorney.
However, in cases before the regional
trial court, the litigant must be aided
by a duly authorized member of the
bar. The rule invoked by the Torcinos
applies only to cases filed with the
regional trial court and not to cases
before a municipal court. - Bulacan v.
Torcino,
G.R. No. L-44388 January 30, 1985
• But for the protection of the parties
and in the interest of justice, the
requirement for appearances in
regional trial courts and higher courts
is more stringent. – Bulacan v.
Torcino, G.R. No. L-44388 January
30, 1985
Reconciling the 2 rules
• There is really no problem as to the
application of Section 34 of Rule 138
and Rule 138-A. In the former, the
appearance of a nonlawyer, as an
agent or friend of a party litigant, is
expressly allowed, while the latter
rule provides for conditions when a
law student, not as an agent or a
friend of a party litigant, may appear
before the courts. - Cruz v. Mina GR
no. 154207 April 27, 2007
The phrase“In the court of a justice of the
peace”means:
• The phrase “In the court of a justice of
the peace” in Bar Matter No. 730 is
subsequently changed to “In the court
of a
municipality” as it now appears in
Section 34 of Rule 138, thus:
• SEC. 34. By whom litigation is
conducted. — In the Court of a
municipality a party may conduct his
litigation in person, with the aid of an
agent or friend appointed by him for
that purpose, or with the aid of an
attorney. In any other court, a party
may conduct his litigation personally
or by aid of an attorney and his
appearance must be either personal
or by a duly authorized member of the
bar.
- Cruz v. Mina GR no. 154207 April
27, 2007
The term "Municipal Trial Courts" as used
in these Rules shall include:
1. Metropolitan Trial Courts,
2. Municipal Trial Courts in Cities,
3. Municipal Trial Courts, and
4. Municipal Circuit Trial Courts.
- Cruz v. Mina GR no. 154207
April 27, 2007
BAR MATTER NO.730, June 13, 1997
• For the guidance of the bench and
bar, we hold that a law student
appearing before the Regional Trial
Court under Rule 138-A should at all
times be accompanied by a
supervising lawyer.
Law student can appear without
supervision of a lawyer
• The rule, however, is different if the
law student appears before an inferior
court, where the issues and
procedure are relatively simple. In
inferior courts, a law student may
appear in his personal capacity
without the supervision of a lawyer.
• Thus, a law student may appear
before an inferior court as an agent or
friend of a party without the
supervision of a member of the bar.
Caution when one act as his own
attorney
• This provision means that in a
litigation, parties may personally do
everything during its progress -- from
its commencement to its termination.
When they, however, act as their own
attorneys, they are restricted to the
same rules of evidence and
procedure as those qualified to
practice law; otherwise, ignorance
would be unjustifiably rewarded.
Individuals have long been permitted
to manage, prosecute and defend
their own actions; and when they do
so, they are not considered to be in
the practice of law. "One does not
practice law by acting for himself any
more than he practices medicine by
rendering first aid to himself.“ –
Maderada v. Judge Mediodea, A.M.
No. MTJ-02-1459. October 14, 2003
Appearing as his own attorney is not
“practice of law”
• Clearly, in appearing for herself,
complainant was not customarily or
habitually holding herself out to the
public as a lawyer. Neither was she
demanding payment for such
services. Hence, she cannot be said
to be in the practice of law. -
Maderada v. Judge
Mediodea, A.M. No. MTJ-02-1459.
October 14, 2003
• The law allows persons who are not
lawyers by profession to litigate their
 own case in court. The right of
complainant to litigate her case
personally cannot be taken away
from her. Maderada v. Judge
Mediodea, A.M. No. MTJ-02-1459.
October
14, 2003
UNAUTHORIZED PRACTICE OF LAW
• CANON 9 - A LAWYER SHALL NOT,
DIRECTLY OR INDIRECTLY,
ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
• Rule 9.01 - A lawyer shall not
delegate to any unqualified person
the performance of any task which by
law may only be performed by a
member of the bar in good standing.
Threefold rationale behind the Law
Student Practice Rule
• 1. to ensure that there will be no
miscarriage of justice as a result of
incompetence or inexperience of law
students, who, not having as yet
passed the test of professional
competence, are presumably not fully
equipped to act a counsels on their
own;
• 2. to provide a mechanism by which
the accredited law school clinic may
be able to protect itself from any
potential vicarious
liability arising from some culpable
action by their law students; and
• 3. to ensure consistency with the
fundamental principle that no person
is allowed to practice a particular
profession without possessing the
qualifications, particularly a license,
as required by law.
Presiding judge has no discretion
• The matter of allowing a law student
to appear before the court
unaccompanied by a supervising
lawyer cannot be left to the discretion
of the presiding judge. The rule
clearly states that the appearance of
the law student shall be under the
direct control and supervision of a
member of the Integrated Bar of the
Philippines duly accredited by law
schools. The rule must be strictly
construed because public policy
demands that legal work should be
entrusted only to those who possess
tested qualifications, are sworn to
observe the rules and ethics of the
legal profession and subject to
judicial disciplinary control. - BAR
MATTER NO.
730 June 13, 1997
Appearance of a law student in inferior
courts does not require supervision of
lawyer
• For relatively simple litigation before
municipal courts, the Rules still allow
a more educated or capable person in
behalf of a litigant who cannot get a
lawyer. - Bulacan v. Torcino, G.R. No.
L-
44388 January 30, 1985
• The rule, however, is different if the
law student appears before an inferior
court, where the issues and
procedure are relatively simple. In
inferior courts, a law student may
appear in his personal capacity
without the supervision of a lawyer. -
BAR MATTER NO. 730 June 13,
1997
• A law student may appear before an
inferior court as an agent or friend of
a party without the supervision of a
 member of the bar. - BAR MATTER
NO. 730 June 13, 1997
The respondent alleges that the
complaint is irregular as it was signed not
by the plaintiff but by one who was not a
member of the bar and who designated
himself merely as "Friend counsel for the
Plaintiff." The appellants argue that the
municipal court did not acquire
jurisdiction over the case.
• They invoke Section 5, Rule 7 which
states that [SEC. 5. Signature and
address] [e]very pleading of a party
represented by an attorney shall be
signed by at least one attorney of
record in his individual name, whose
address shall be stated. A party who
is not represented by an attorney
shall sign his pleading and state his
address.
• DECIDE.
Held:
• Under the facts of this case, however,
the applicable provision is Section 34,
Rule 138 of the Rules of Court which
states:
• SEC. 34. By whom litigation is
conducted. In the Court of a
municipality a party may conduct his
litigation in person with the aid of an
agent or friend appointed by him for
that purpose, or with the aid of an
attorney. In any other court, a party
may conduct his litigation personally
or by aid of an attorney and his
appearance must be either personal
or by a duly authorized member of the
bar.
- Bulacan v. Torcino, G.R. No. L-44388
January 30, 1985
Supervising lawyer should be the one to
sign the pleadings
• Rule 7 (RRC) Section 3. Signature
and address. — Every pleading must
be signed by the party or counsel
representing him, stating in either
case his address which should not be
a post office box.
Signing amounts to certification of lawyer
• Rule 7 (RRC) Section 3. xxx The
signature of counsel constitutes a
certificate by him that he has read the
pleading; that to the best of his
knowledge, information, and belief
there is good ground to support it; and
that it is not interposed for delay.
Effect of unsigned pleadings
• Rule 7 (RRC) Section 3. An unsigned
pleading produces no legal effect.
However, the court may, in its
discretion, allow such deficiency to be
remedied if it shall appear that the
same was due to mere inadvertence
and not intended for delay. Counsel
who deliberately files an unsigned
pleading,xxx, shall be subject to
appropriate disciplinary action.
Can a third year law student appear as
private prosecutor in a criminal case and
within the jurisdiction of the inferior court?
• The petitioner, describing himself as
a third year law student, justifies his
appearance as private prosecutor on
the bases of Section 34 of Rule 138
of the Rules of Court.
• The petitioner furthermore avers that
his appearance was with the prior
conformity of the public prosecutor
and a written authority of Mariano
Cruz appointing him to be his agent in
the prosecution of the said criminal
case.
• The MeTC denied permission for
petitioner to appear as private
prosecutor on the ground that
Circular No. 19 (1997) governing
limited law student practice in
conjunction with Rule 138-A of the
Rules of Court (Law Student Practice
Rule) should take precedence over
the ruling of the Court laid down in
Cantimbuhan (1983).
Held:
• Petitioner expressly anchored his
appearance on Section 34 of Rule
138 . The court a quo must have
been confused by the fact that
petitioner referred to himself as a law
student in his entry of appearance.
Rule 138-A should not have been
used by the courts a quo in denying
permission to act as private
prosecutor against petitioner for the
simple reason that Rule 138-A is not
the basis for the petitioner’s
appearance.
• Section 34, Rule 138 is clear that
appearance before the inferior courts
by a non-lawyer is allowed,
irrespective of whether or not he is a
law student. As succinctly clarified in
Bar Matter No. 730, by virtue of
Section 34, Rule 138, a law student
may appear, as an agent or a friend
of a party litigant, without the
supervision of a lawyer before inferior
courts. - Cruz v. Mina GR no. 154207
April 27, 2007
Fiscal’s role when there is a private
prosecutor
• The permission of the fiscal is not
necessary for one to enter his
appearance as private prosecutor. In
the first place, the law does not
impose this condition. What the fiscal
can do, if he wants to handle the case
personally is to disallow the private
prosecutor's participation, whether he
be a lawyer or not, in the trial of the
case. On the other hand, if the fiscal
desires the active participation of the
private prosecutor, he can just
manifest to the court that the private
prosecutor, with its approval, will
conduct the prosecution of the case
under his supervision and control. –
Cantimbuhan v. Hon. Cruz, Jr., G.R.
No. L-51813-14 November 29, 1983
Sections 4 and 15, Rule 110 of the Rules
of Court
• SEC. 4. Who must prosecute criminal
actions. — All criminal actions either
commenced by complaint or by
information shall be prosecuted under
the direction and control of the fiscal.
• xxx xxx xxx
• SEC. 15. Intervention of the offended
party in criminal action. — Unless the
offended party has waived the civil
action or expressly reserved the right
to institute it separately from the
criminal action, and subject to the
provisions of section 4 hereof, he may
intervene, personally or by attorney,
in the prosecution of the offense.
C
H
A
P
T
E
R
3
S
 oli INFORMATION OR STATEMENT OF
cit FACTS.
ati
on • Rule 3.01 - A lawyer shall not use or
of permit the use of any false,
le fraudulent, misleading, deceptive,
ga undignified, self-laudatory or unfair
l statement or claim regarding his
se qualifications or legal services.
rvi
ce • Rule 3.02 - In the choice of a firm
s name, no false, misleading or
assumed name shall be used. The
Code of Professional Responsibility continued use of the name of a
• CANON 2 - A LAWYER SHALL deceased partner is permissible
MAKE HIS LEGAL SERVICES provided that the firm indicates in all
AVAILABLE IN AN EFFICIENT AND its communications that said partner
CONVENIENT MANNER is deceased.
COMPATIBLE WITH THE
• Rule 3.03 - Where a partner accepts
INDEPENDENCE, INTEGRITY AND
public office, he shall withdraw from
EFFECTIVENESS OF THE
the firm and his name shall be
PROFESSION.
dropped from the firm name unless
• Rule 2.01 - A lawyer shall not reject, the law allows him to practice law
except for valid reasons, the cause of currently.
the defenseless or the oppressed.
• Rule 3.04 - A lawyer shall not pay or
• Rule 2.02 - In such cases, even if the
give anything of value to
lawyer does not accept a case, he
representatives of the mass media in
shall not refuse to render legal advice
anticipation of, or in return for publicity
to the person concerned if only to the
to attract legal business.
extent necessary to safeguard the
latter's rights. Rule 138
• Sec. 27. Attorneys removed or
• Rule 2.03 - A lawyer shall not do or
suspended by Supreme Court on
permit to be done any act designed
what grounds. - A member of the bar
primarily to solicit legal business.
may be removed or suspended from
• Rule 2.04 - A lawyer shall not charge his office as attorney by the Supreme
rates lower than those customarily Court for any deceit, malpractice, or
prescribed unless the circumstances other gross misconduct in such office,
so warrant. grossly immoral conduct, or by
reason of his conviction of a crime
CANON 3 - A LAWYER IN MAKING involving moral turpitude, or for any
KNOWN HIS LEGAL SERVICES SHALL violation of the oath which he is
USE ONLY TRUE, HONEST, FAIR, required to take before admission to
DIGNIFIED AND OBJECTIVE practice, or for a wilfull disobedience
 of any lawful order of a superior court,
or for corruptly or wilfully appearing as
an attorney for a party to a case
without authority so to do. The
practice of soliciting cases at law for
the purpose of gain, either personally
or through paid agents or brokers,
constitutes malpractice.
Rule 2.03 should be read in connection
with Rule 1.03 of the CPR
• Rule 2.03 - A lawyer shall not do or
permit to be done any act designed
primarily to solicit legal business.
• RULE 1.03. A LAWYER SHALL NOT,
FOR ANY CORRUPT MOTIVE OR
INTEREST, ENCOURAGE ANY
SUIT OR PROCEEDING OR DELAY
ANY MAN’S CAUSE.
• This rule proscribes “ambulance
chasing” (the solicitation of almost
any kind of legal business by an
attorney, personally or through an
agent in order to gain employment) as
a measure to protect the community
from barratry and champerty. -
Linsangan v. Atty. Tolentino, A.C. No.
6672, September 4, 2009
Do not “pirate” a client
• CANON 8 - A LAWYER SHALL
CONDUCT HIMSELF WITH
COURTESY, FAIRNESS AND
CANDOR TOWARDS HIS
PROFESSIONAL COLLEAGUES,
AND SHALL AVOID HARASSING
TACTICS AGAINST OPPOSING
COUNSEL.
• Rule 8.02 - A lawyer shall not, directly
or indirectly, encroach upon the
professional employment of another
lawyer, however, it is the right of any
lawyer, without fear or favor, to give
proper advice and assistance to
those seeking relief against unfaithful
or neglectful counsel.
The following elements distinguish the
legal profession from a business:
1. A duty of public service, of which
the emolument is a byproduct,
and in which one may attain the
highest eminence without making
much money;
2. A relation as an “officer of the
court” to the administration of
justice involving thorough
sincerity, integrity and reliability;
3. A relation to clients in the highest
degree of fiduciary;
4. A relation to colleagues at the bar
characterized by candor, fairness,
and unwillingness to resort to
current business methods of
advertising and encroachment on
their practice, or dealing directly
with their clients.
- Atty. Khan Jr. v. Atty. Simbillo, A.C. No.
5299, August 19,
2003
General rule
• Hence, lawyers are prohibited from
soliciting cases for the purpose of
gain, either personally or through paid
agents or brokers.
Such actuation constitutes
malpractice, a ground for disbarment.
Linsangan v. Atty. Tolentino, A.C. No.
6672, September 4, 2009
• “Solicitation or obtaining of
professional employment by any
means of communication." - Geffen v.
Moss, 53 Cal.App.3d 215,
125 Cal.Rptr. 687 [1975]
Solicitation or Ambulance chasing
• We need not labor the point that
solicitation or ambulance chasing,
so-called, either directly or indirectly
through the services of runners or
others, is conduct which is
reprehensible and inimicable to the
traditions and best interests of the
legal profession. Not only does it
provoke derision and disrespect in
the eyes of the public, but it is an
overreaching of the other members of
the profession who adhere to the
standards fixed by canons of ethics
and the dictates of good conscience.
To permit such conduct to continue
undeterred could only result in
unsavory competitions and
consequences materially detrimental
to the dignity and honor of the legal
profession as a whole. - In re
Krasner 204 N.E.2d 10 (1965)
Ambulance chasing
• This rule proscribes “ambulance
chasing” (the solicitation of almost
any kind of legal business by an
attorney, personally or through an
agent in order to gain employment) as
a measure to protect the community
from barratry and champerty. -
Linsangan v. Atty. Tolentino, A.C. No.
6672, September 4, 2009
Champertous contract
• Champerty n. an agreement between
the party suing in a lawsuit (plaintiff)
and another person, usually an
attorney, who agrees to finance and
carry the lawsuit in return for a
percentage of the recovery (money
won and paid.) In Common Law this
was illegal on the theory that it
encouraged lawsuits.
Contingent fee is valid
• Contingent fee contracts are
permitted in this jurisdiction because
they redound to the benefit of the poor
client and the lawyer "especially in
cases where the client has
meritorious cause of action, but no
means with which to pay for legal
services unless he can, with the
sanction of law, make a contract for a
contingent fee to be paid out of the
proceeds of litigation. Oftentimes, the
contingent fee arrangement is the
only means by which the poor clients
can have their rights vindicated and
upheld."
• As long as the lawyer does not exert
undue influence on his client, that no
fraud is committed or imposition
applied, or that the compensation is
clearly not excessive as to amount to
extortion, a contract for contingent fee
is valid and enforceable. – Fabillo v.
IAC G.R. No. L-68838 March 11,
1991
Acceptance fee
• An acceptance fee is not a contingent
fee, but is an absolute fee
arrangement which entitles a lawyer
to get paid for his efforts regardless of
the outcome of the litigation. - Yu v.
Bondal, A.C. No. 5534, January 17,
2005
• Touters - someone who advertises for
customers in an especially brazen
way.
• Common barratry consisting of
frequently stirring up suits and
quarrels between individuals.
Only way to announce legal service
• For this reason, lawyers are only
allowed to announce their services by
publication in reputable law lists or
use of simple professional cards. -
 Linsangan v. Atty. Tolentino, A.C. No.
6672, September 4, 2009
• Nonetheless, the solicitation of legal
business is not altogether proscribed.
However, for solicitation to be proper,
it must be compatible with the dignity
of the legal profession. If it is made in
a modest and decorous manner, it
would bring no injury to the lawyer
and to the bar. - Atty. Khan Jr. v. Atty.
Simbillo, A.C. No.
5299 , August 19, 2003
• For this reason, lawyers are only
allowed to announce their services by
publication in reputable law lists or
use of simple professional cards
.Linsangan v. Atty. Tolentino, A.C.
No. 6672, September 4, 2009
• Professional calling cards may only
contain the following details:
1. lawyer’s name;
2. name of the law firm with
which he is connected;
3. address;
4. telephone number and
5. special branch of law
practiced.
- Linsangan v. Atty. Tolentino,
A.C. No. 6672, September 4,
2009
Brief biographical and informative data
• Such data must not be misleading
and may include only the following:
1. a statement of the lawyer’s name
and the names of his professional
associates;
2. addresses, telephone numbers,
cable addresses;
3. branches of law practiced;
4. date and place of birth and
admission to the bar;
5. schools attended with dates of
graduation, degrees and other
educational distinctions;
6. public or quasi-public offices;
7. posts of honor;
8. legal authorships;
9. legal teaching positions;
10. membership and offices in bar
associations and committees
thereof, in legal and scientific
societies and legal fraternities;
11. the fact of listings in other
reputable law lists;
12. the names and addresses of
references; and,
13. with their written consent, the
names of clients regularly
represented.
- Atty. Khan Jr. v. Atty. Simbillo,
A.C. No. 5299, August 19,
2003
Acceptable law list publication
• 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
dignity or standing of the profession. -
Atty. Khan Jr. v. Atty. Simbillo, A.C.
No. 5299, August 19, 2003
Acceptable publication
• 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. - Atty. Khan Jr. v. Atty.
Simbillo, A.C. No. 5299, August 19,
2003
Telephone directory
• He may likewise have his name listed
in a telephone directory but not under
a designation of special branch of
law. - Atty. Khan Jr. v. Atty. Simbillo,
A.C. No. 5299, August 19, 2003
Whether or not the firm of Velasquez,
Rodriguez, Respicio, Ramos, Nidea, and
Prado may call itself “A law Firm Of St.
Thomas More and Associate Members”
• We agree with the OBC. Rule 3.02 is
clear. No name not belonging to any
of the partners or associates may be
used in the firm name for any
purpose. In one case, we have ruled
that the use of the firm name of a
foreign law firm is unethical because
that firm is not authorized to practice
law in this jurisdiction. In this case,
“The Law Firm of St. Thomas More
and Associate Members” is not a law
firm in this jurisdiction or even in any
other jurisdiction. A “St. Thomas More
and Associates” or STMA is in fact the
socio-political ministry or the couples
for
Christ, a Christian family-renewal
community. - PP v. Gonzalez,
Jr., G.R. No. 139542 June 10, 2003
• To appellate to the name of the
lawyers “The Law Firm of St. Thomas
More and Associate Members”
indeed appears misleading. It implies
that St. Thomas More is a Law Firm
when in fact it is not it would also
convey to the public the impression
that the lawyers are members of the
law firm which does not exist. To the
public, it would seem that the purpose
or intention of adding “The Law Firm
of St. Thomas More and Associates
Members” is to bask in the name of a
Saint, although that may not really, be
the purpose or intention of the
lawyers. The appellation only tends to
confuse the public and in a way
demean both the saints and the legal
profession whose members must
depend on their own name and record
and merit and not on the name/glory
of other persons living or dead. – PP
v. Gonzalez,
Jr., G.R. No. 139542 June 10, 2003
Philippine Daily Inquirer, which reads:
“ANNULMENT OF MARRIAGE
Specialist 532­4333/521­2667.”
- Atty. Khan Jr. v. Atty. Simbillo, A.C.
No. 5299, August 19, 2003
• Thus, the use of simple signs stating
the name or names of the lawyers,
the office and residence address and
fields of practice, as well as
advertisement in legal periodicals
bearing the same brief data, are
permissible. Even the use of calling
cards is now acceptable. Publication
in reputable law lists, in a manner
 consistent with the standards of
conduct imposed by the canon, of
brief biographical and informative
data is likewise allowable. Atty. Khan
Jr. v. Atty. Simbillo, A.C. No. 5299,
August 19, 2003
Calling card of Atty. Tolentino
• Complainant alleged that respondent,
with the help of paralegal Fe Marie
Labiano, convinced his clients to
transfer legal representation.
Respondent promised them financial
assistance and expeditious collection
on their claims. To induce them to hire
his services, he persistently called
them and sent them text messages.
• To support his allegations,
complainant presented the sworn
affidavit of James Gregorio attesting
that Labiano tried to prevail upon him
to sever his lawyer-client relations
with complainant and utilize
respondent’s services instead, in
exchange for a loan of P50,000.
• Moreover, by engaging in a
money-lending venture with his
clients as borrowers, respondent
violated Rule 16.04:
• Rule 16.04 – A lawyer shall not
borrow money from his client unless
the client’s interests are fully
protected by the nature of the case or
by independent advice. Neither shall
a lawyer lend money to a client
except, when in the interest of justice,
he has to advance necessary
 expenses in a legal matter he is
handling for the client. - Linsangan v.
Atty. Tolentino, A.C. No. 6672,
September 4, 2009
• The rule is that a lawyer shall not lend
money to his client. The only
exception is, when in the interest of
justice, he has to advance necessary
expenses (such as filing fees,
stenographer’s fees for transcript of
stenographic notes, cash bond or
premium for surety bond, etc.) for a
matter that he is handling for the
client.
• The rule is intended to safeguard the
lawyer’s independence of mind so
that the free exercise of his judgment
may not be adversely affected. It
seeks to ensure his undivided
attention to the case he is handling as
well as his entire devotion and fidelity
to the client’s cause. ­ Linsangan v.
Atty. Tolentino, A.C. No. 6672,
September 4, 2009
Lending money to client
• If the lawyer lends money to the client
in connection with the client’s case,
the lawyer in effect acquires an
interest in the subject matter of the
case or an additional stake in its
outcome. Either of these
circumstances may lead the lawyer to
consider his own recovery rather than
that of his client, or to accept a
settlement which may take care of his
interest in the verdict to the prejudice
of the client in violation of his duty of
undivided fidelity to the client’s cause.
- Linsangan v. Atty. Tolentino, A.C.
No. 6672, September 4, 2009
Uninformative fact
• Somewhat more troubling is
appellant's listing, in large capital
letters, that he was a member of the
Bar of the Supreme Court of the
United States. The emphasis of this
relatively uninformative fact is at least
bad taste. - In re: R.M.J. 455 U.S. 191
[1982]
Including a government lawyer in a
business card
• Thus, while he may not be actually
and directly employed with the firm,
the fact that his name appears on the
calling card as a partner in the
Baligod, Gatdula, Tacardon, Dimailig
& Celera Law Offices give the
impression that he is connected
therein and may constitute an act of
solicitation and private practice which
is declared unlawful under Republic
Act No. 6713. - Samonte v. Atty.
Gatdula A.M. No. P-99-1292 [1999]
A verified complaint, sought to enjoin
Juan G. Collas, Jr. and nine other
lawyers from practicing law under the
name of Baker & McKenzie, a law firm
organized in Illinois
• We hold that Baker & McKenzie,
being an alien law firm, cannot
practice law in the Philippines (Sec. 1,
Rule 138, Rules of Court). As
admitted by the respondents in their
memorandum, Baker & McKenzie is a
professional partnership organized in
1949 in Chicago, Illinois with
members and associates in 30 cities
around the world. Respondents,
aside from being members of the
Philippine bar, practicing under the
firm name of Guerrero & Torres, are
members or associates of Baker
&Mckenzie. -
Dacanay v. Baker & McKenzie, et. al.
Adm. Case No. 2131
[1985]
• As pointed out by the Solicitor
General, respondents' use of the firm
name Baker & McKenzie constitutes
a representation that being
associated with the firm they could
"render legal services of the highest
quality to multinational business
enterprises and others engaged in
foreign trade and investment“. This is
unethical because Baker & McKenzie
is not authorized to practice law here.
- Dacanay v. Baker & McKenzie, et. al.
Adm. Case No. 2131
[1985]
Director of Religious Affairs v. Bayot,
A.C. No. L-1117, March 20, 1944
• Sunday Tribune of June 13, 1943,
which reads as follows:
Marriage license promptly secured
thru our assistance & the annoyance
of delay or publicity avoided if
desired, and marriage arranged to
wishes of parties. Consultation on
any matter free for the poor.
Everything confidential.
Legal Assistance Service
12 Escolta, Manila
Room 105 Tel. 2-41-60
Legal assistance service
Admonition to a young lawyer
• "The most worth 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.“ ­ Director of Religious
Affairs v. Bayot, A.C. No. L-1117,
March 20, 1944
Unacceptable advertisement
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.)
Volunteer [legal] advice is malpractice
• 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.
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 - In re: Tagorda, 53 Phil. 37
(1929)
Your best advertisement as a lawyer
• 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. -
Ulep vs. Legal Clinic 223 SCRA 378
Prohibited advertisement or solicitation In
re: Tagorda, 53 Phil.
37 (1929)
• 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
toutersof 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.
Best mode of advertisement
• 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. - In re: Tagorda, 53 Phil.
37 (1929)
Law firm with a foreign lawyer as partner
• In the year 1904 he made an
arrangement with the defendant Ney,
a practicing attorney, to carry on
business together, sending out a
circular signed "Ney & Bosque,"
stating that they had established an
office for the general practice of law in
all the courts of the Islands and that
Bosque would devote himself
especially to consultation and office
work relating to Spanish law. The
paper was headed "Law Office - Ney
& Bosque. Juan G. Bosque,
jurisconsultoespañol - C.W. Ney,
abogadoamericano."
• Since that time the defendant Bosque
has not personally appeared in the
courts, and with one exception,
occuring through an inadvertance,
 papers from the office were signed
not with the firm name alone nor with
any designation of the firm as
attorneys, but with the words "Ney &
Bosque ­ C.W. Ney, abogado.“ ­ U.S.
vs. Ney and Bosque, 8 Phil. 146
(1907)

• Moreover the firm circular in setting

forth the establishment of an office for
the general practice of law in all the
courts of the Islands, amounted to an
assertion of his right and purpose, not
effectively qualified by the addition
that he would devote himself to
consultation and office work relating
to Spanish law.

• Rule 3.01 - A lawyer shall not 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.

Rule 3.02 - In the choice of a firm

name, no false, misleading or
assumed name shall be used. Xxx.