Attorney-at-law / Lawyer (APD)

 that class of persons who are licensed officers of the court empowered to appear,
prosecute, and defend, and upon whom peculiar duties, responsibilities, and liabilities
are developed by law as consequence (Cui v. Cui)

Attorney-in fact (ASN)

 an agent whose authority emanates from a Special Power of Attorney and is not
necessarily a lawyer.

Counsel de parte (AFP)

 an attorney retained by a party litigant, usually for a fee, to prosecute or defend his
cause in court.

Counsel de officio (ADI)

 an attorney appointed by the court to defend an indigent defendant or to represent a
destitute party in a case.

Amicus Curiae (AID)

 Attorney that is impartial and experienced, invited by the Court to appear as amici curiae
to help in the disposition of issues submitted to it. (Rule 138, Sec. 36, ROC)

Practice of Law (AIO-ALKTE)

 Any activity in or out of Court that requires the application of law, legal procedure,
knowledge, training and experience. (Cayetano v. Monsod)

Moral Turpitude (JHMG)

 Everything which is done contrary to justice, honesty, modesty or good morals (Rule
138, Sec. 27, Rules of Court); 
 An act of baseness, vileness or depravity in the private and social duties which a man
owes his fellowmen, or to society in general, contrary to the accepted and customary
rule of right and duty between man and woman, or conduct contrary to justice, honesty,
modesty, or good morals. (In re Gutierez)

Examples: (F3A-
The act or conduct showing moral turpitude need not amount to a crime; and even if it does
constitute an offense, a conviction upon a criminal charge based thereon is not necessary to
demonstrate bad moral character, although that circumstance would be the best evidence to
establish moral depravity. Thus, it has been held that 
1. false statement / falsification of documents (Pagaduan v. CSC, hence Pagaduan
was removed from service for the crime of Falsification of Documents, Art. 172 RPC)
2. presented a forged certificate of good moral character
3. False representation of school record (Diao v. Martinez)
4. who was charged with or convicted of a crime involving moral turpitude; who lived an
adulterous life. (
5. who contracted a second marriage during the existence of his first marriage;
6. who was involved in a bar examination anomaly even though he was acquitted of the
offense arising therefrom;
7. who held himself out as an attorney without being admitted to practice;
8. who engaged in unethical and questionable business practices, as by issuing bouncing
checks which had remained unpaid
 9. by obtaining credit through concealment of material facts. (
10. Direct bribery (Catalan v. Silvosa, hence SIlvosa was disbarred on ground of direct
bribery)

Profession, and not a business

The practice of law is a profession and not a business and that lawyering is not primarily meant
to be a money-making venture, and that law advocacy is not a capital that necessarily yields
profits.

Criteria to Determine Practice of Law

xContinuing requirements for membership in the bar?

1. Citizenship;
2. Good Moral Character;
3. Payment of professional Tax;
4. Membership in the IBP;
5. Payment of IBP dues;
6. Good and regular standing;
7. Compliance with the MCLE.

a. Privilege
 Practice of law is merely a privilege not a right bestowed upon individuals who
are not only learned in the law but who are also known to possess good moral
character.
b. Profession, not a business
 The practice of law is a profession and not a business— lawyering is not
primarily meant to be a money-making venture, and law advocacy is not a capital
that necessarily yields profits.

Requisites for the practice of law

 Admission to the bar
 Good and Regular Standing

Qualifications for the admission to the bar [F21-Good-Resident]

1. Filipino Citizen;
2. At least 21 years of age
3. Of Good moral character; and
4. A Resident of the Philippines

He must also show that:

1. No charges of Moral Turpitude are filed or pending against him.
2. Possesses the required Educational qualifications (including a 4-year pre-law degree in
an authorized or recognized university or college)
3. Must have already earned a Bachelor’s Degree in Arts or Sciences (pre-law)
4. Completed courses in Civil Law, Public International Law, Political Law, Labor and
Social Legislation, and Medical Jurisprudence, Taxation, Legal Ethics;
5. Pass the Bar examinations
6. Taken an Oath before the Supreme Court;
7. Signed and registered in the Roll of Attorneys; and
 8. Other qualifications as may be prescribed by the Supreme Court (In Re: Cunanan)

Effect of not completing pre-law before taking up law courses

 Passing the bar examination is not the only qualification to become an attorney-at-law;
taking the prescribed courses of legal study in the regular manner is equally essential.
(Diao vs. Martinez)

Duty of court to “weed” out lawyers

 It is the sworn duty of the Court not only to “weed out” lawyers who have become a
disgrace to the noble profession of the, but also of equal importance, to prevent “misfits”
from taking the lawyer’s oath. (In Re: Argosino)

Continuing Requirements for member in the bar

a. Good Moral Character
 It is defined as the good name, which the applicant has acquired, or should have
acquired, through association with his fellows. It means that he must have
conducted himself as a man of upright character ordinarily would, or should or
does.

Prohibitions and limitations in the practice of law

1. Appearance of non-Lawyers in Court;
2. Practice of law by Public Officials;
3. Practice of Law by a Corporation

What are the continuing requirements for membership in the bar

1. Citizenship; (Filipino citizenship is a continuing requirement - In re Dacanay)
2. Good Moral Character
3. Payment of professional tax
4. Member in the IBP
5. Payment IBP dues
6. Good and regular standing
7. Compliance with the MCLE

B. Citizenship; Reacquisition of the Privilege to Practice Law in the Philippines

Citizenship requirement
General Rule: The practice of all professions in the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law.

Exception: Reacquisition of the privilege to practice law in the Philippines under RA 9225 or the
Citizenship Retention and Reacquisition Act of 2003.

Qualifications to resume practice of law

1. Petition for reacquisition of Philippine Citizenship
2. Order for reacquisition of Philippine Citizenship
3. Oath of Allegiance to the Republic of the Philippines
4. Identification Certificate issued by the Bureau of Immigration
5. Certificate of Good Standing issued by the IBP
6. Certification from the IBP indicating updated payments of annual membership dues
7. Proof of payment of professional tax and
8. Certificate of compliance issued by the MCLE
 9. Retaking the lawyer’s oath. (In Re: Petition to Re-acquire the privilege to Practice Law in
the Philippines, B.. No. 2112, July 24, 2012)

Who may practice law?

General Rule
Any person duly admitted as a member of the bar, admitted as such in accordance with the
provisions of this rule and, who is in good and regular standing. (Sec 1, Rule 138 of ROC)

Exceptions

Absolute Prohibition
Cabinet
1. President of the Philippines
2. Vice-President
3. Members of the Cabinet
4. Deputies, assistants of the President, Vice-President and Members of the Cabinet
 Legal Basis: The aforementioned shall not hold any other office. They should
also not practice any profession, participate in any business, or be financially
interested in any contract with the Government. [Art. 7, Section 13 Constitution]

Constitutional Offices
5. Members and Chairman of the Constitutional Commission
6. Ombudsman and Deputy Ombudsman
 Legal Basis: No member of the Constitutional Commission shall, during his
tenure, hold any other office or employment. Neither shall he engage in the
practice of any profession, in the active management or control of any business,
nor shall be financially interested in any Government contract. [Art. 9a, Section 2]

LGU
7. Governors
8. City and Municipal Mayors
 Legal Basis: All Governors, City and Municipal Mayors are prohibited from
practicing their profession or engaging in any occupation other than the exercise
of their functions as local chief executive [Section 90a Local Government Code]

Judiciary
9. Judges and court employees of superior courts
 Legal Basis: No judge or other official or employee of the superior courts or of
the Solicitor General, shall engage in private practice as a member of the bar or
give professional advice to clients. [Rule 138, Section 35 Rules of Court]
 Legal basis: Judges shall not practice law whilst the holder of judicial office.
[Canon 4, Section 11, New Code of Judicial Conduct]
10. Judges and court employees of lower courts
 Legal basis: Judges shall not practice law whilst the holder of judicial office.
[Canon 4, Section 11, New Code of Judicial Conduct]

OSG
11. Solicitors and trial lawyers of the OSG
  Legal Basis: No judge or other official or employee of the superior courts or of
the Solicitor General, shall engage in private practice as a member of the bar or
give professional advice to clients. [Rule 138, Section 35 Rules of Court]

DOJ
12. Government prosecutors under the DOJ
 Legal Basis: Government prosecutors are prohibited to engage in the private
practice of law. (People v. Villanueva)

Relative Prohibition
 Allowed to engage in the private practice of law, subject to certain restrictions

Congress
1. Senators
2. Members of the House of Representative
 Condition: No Senator or member of the House of Representative may
personally appear as counsel before any court of justice as before the Electoral
Tribunals, as well as quasi-judicial and other administrative bodies (PHIL.
CONST. art. VI, Sec. 14)
 However, they are allowed to engage in other aspects of the law practice such as
giving of legal advice to clients, negotiating contracts on behalf of clients which
necessitates legal knowledge and similar others.

LGU
3. Sangunian Members
 Condition: Sanggunian members may practice their professions provided that if
they are members of the Bar, they shall not:
a. Appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the
government is the adverse party;
b. Appear as counsel in any criminal case wherein an officer or employee of
the national or local government is accused of an offense committed in
relation to his office;
c. Collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official; or
d. Use property and personnel of the government EXCEPT when the
Sanggunian member concerned is defending the interest of the
government. (Sec. 91, Local Government Code)

Judiciary
4. Retired Justice / Judge
 Condition: A retired justice or judge receiving pension from the government
cannot act as counsel in any civil case in which the Government, or any of its
subdivision or agencies, is the adverse party or in a criminal case wherein an
officer or employee of the Government is accused of an offense in relation to his
office. (Sec. 1, RA 910, as amended)
PAO
5. PAO Lawyers
  Generally prohibited from practicing law, with a single exception: Public
Attorneys are strictly prohibited from engaging in private law practice except in
cases involving immediate members of their family, in which case a written
authorization of the Chief Public Attorney must first be obtained. (PAO Code of
Conduct, PA Memorandum Circular No. 007, series of 2010)

Other lawyers in civil service

6. Other civil service employees
 Allowed to engage in the private practice of law, subject to certain
restrictions: 
a. Civil service officers or employees are duty-bound to place their entire time at the
disposal of the government. (Catu v. Rellosa, AC No. 5738, February 19, 2008)
b. Civil officers or employees need to secure a written permit from the head of the
department concerned, unless such official is expressly prohibited from practicing
law. (Zeta v. Malinao, AM No. P220, December 20, 1978)
c. But if such official is authorized by the department head, he may, in an isolated
case, represent a relative or a close family friend. (Noriega v. Sison, AM No.
2266, October 27, 1983)

Appearance of non-lawyers
General Rule: Non-lawyers cannot practice law
Exception: Non-lawyers may appear in certain cases:
a. Law Student Practice (Rule 138-A) provided:
 CLEP - A law student practitioner who is enrolled in his/her law school’s Clinical Legal
Education, subject to the supervision on behalf of marginalized clients before any court,
quasi-judicial or administrative body.
 Must be under the direct supervision and control of an IBP member.
 The paper filed is to be signed by the supervising attorney on behalf of CLEP.
 The law student practitioner must comply with the standards of professional conduct
governing members of the Bar.
 The rule on privileged communications applies to communications made to or received
by the law student practitioner.

 b. Non-Lawyers in Courts

1. Right to self-representation. (Cruz vs. Mijares)
2. Rule 138, Sec. 34 also allows a non-lawyer to represent his friend before the MTC.
3. In criminal cases before the MTC in a locality where a duly licensed member of the Bar
is not available, the judge may appoint a non-lawyer who is (1) a resident of the province
(2) of good repute for probity and ability to aid the accused in his defense. (Sec. 7, Rule
116, ROC)
4. They may also appear before the Cadastral Court.
C. Non-Lawyers in Administrative Tribunals and Labor Tribunals
1. A non-lawyer may represent a party before the DARAB. (Rule VIII, Sec. 1, 2009)
2. Non-lawyers may also appear before the NLRC or any Labor Arbiter if (1) they represent
themselves, (2) they represent their organization or members thereof or (3) they are duly
accredited members of any legal aid or duly recognized by the DOJ or the IBP. (Article
222 of Labor Code)
3. A non-lawyer may also appear before the HLURB but shall attach to the pleading a
special power of attorney authorizing such person to file the case and an affidavit duly
executed by the party represented, stating the reasons why such person was authorized.
D. Proceedings where Lawyers are prohibited from Appearing
1. Small claims where the amount in consideration does not exceed P100,000. (Rules of
Procedure in Small Claims Cases) 
2. Katarungang Pambarangay
3. Lawyers who are members of the Congress (Article VI, Sec 14).

Public Officials and Practice of Law

a. Prohibitions or disqualifications of former government attorneys 
 A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in
said. (Canon 6, CPR)
 A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in
said service. (Rule 6.03 CPR)
 A lawyer does not shed his professional obligations upon assuming public office.
b. Restrictions on lawyers in government and public service with regard to practice of law.
General Rule: Public officials and employees are prohibited from engaging in the private
practice of law during their term.
Exception: If authorized by the Constitution or law, and provided such practice shall not
interfere in the performance of his duties. (RA 6713 Sec 7(b)(2)).

Lawyers Authorized to represent the government

General rule: It is the OSG that represents the government in cases involving or affecting it. For
cases involving government-owned or controlled corporations (GOCCs), it is generally the
OGCCC that appears.
Exceptions
1. Municipal Legal Officer
2. Deputized Agent
3. Private Lawyer hired by the GOCC
Requisites for resumption of the practice of law - Petition for Leave to Resume Practice
of Law Benjamin Dacanay: 
1. Payment of full membership
2. Payment of Professional Tax
3. Completion of at least 36 hours of Mandatory Continuing Legal Education (MCLE) to
refresh the knowledge and update with legal development
4. Retaking of lawyer’s oath to remember the duties and renew the pledge to maintain
allegiance to the Republic of the Philippines

Cayetano vs. Monsod

Practice of Law - Means any activity in and out of the court which requires application of the law,
legal procedure, knowledge, training and experience. 

Practice of Law according to Justice Padilla (Dissenting Opinion)

1. Habitual Practice of Law
2. Compensation 
3. Application of law, legal principle, practice, or procedure
4. Attorney-client relationship

Requisites of becoming a lawyer - Beltran vs Abad:

Attorneys and Admission to Bar
1. Section 17 of Rule 138 of the Rules of Court. 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. 
2. Section 19 of the Rule 138 of the Rules of Court. Attorney’s Roll - The Clerk of Supreme
Court shall kept a roll of all attorneys admitted to practice law, which roll shall be
signed by the person admitted when he receives his certificate. 

Requirement of Good Moral Character - Advincula vs Atty. Macabata: 

1. To protect the public
2. To protect the public image of lawyers
3. To protect prospective clients
4. To protect errant lawyers from themselves