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PRACTICE OF LAW

§2.05. Practice of Law, Generally

The term "practice of law" is difficult to precisely define, and whether a specific
activity falls within its scope depends on the circumstances of each case. Although
there's no exact definition, courts have established general principles to explain its
meaning.

Engaging in the practice of law involves:

1. **Characteristics of the Legal Profession: Generally, practicing law means

performing actions that are characteristic of the legal profession. This includes
activities that require the application of legal principles, procedures, and involve legal
knowledge, training, and experience.

2. **Legal Activities in and out of Court**: Practicing law encompasses activities

both within and outside the courtroom that call for legal expertise. This includes
providing legal advice, counseling, and preparing legal documents and contracts to
secure legal rights, whether or not a case is pending in court.

3. **Attorney-Client Relationship**: Engaging in the practice of law assumes the

existence of an attorney-client relationship. This relationship is established when a
lawyer provides services to a client involving legal matters.

4. **Principal Professional Activities**: A licensed attorney-at-law typically engages

in three primary types of professional activities:
- Providing legal advice and instructions to clients about their rights and obligations.
- Preparing documents for clients that require knowledge of legal principles not
possessed by ordinary individuals.
- Representing clients before public tribunals that possess the power to determine
rights of life, liberty, and property according to law.

5. **Scope Beyond Court Cases**: The practice of law isn't limited to court
proceedings. It includes offering legal advice and counseling, as well as drafting legal
instruments and contracts that secure legal rights, whether or not they're pending in
court.

6. **Defining Instances**: Participation in a trial while advertising oneself as a

lawyer constitutes practicing law. Providing legal advice to clients, offering opinions
on the interpretation of statutes for compensation, and advising clients on their legal
rights are also instances of practicing law.

However, engaging in activities that require knowledge of law but don't involve an
attorney-client relationship, such as teaching law or writing legal articles, may not be
considered practicing law in the traditional sense.

In summary, the practice of law involves performing actions characteristic of the legal
profession, both within and outside the courtroom, to provide legal advice, represent
clients, and secure legal rights. The existence of an attorney-client relationship is a
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fundamental aspect, and the scope extends beyond court proceedings to encompass
various legal activities.

§2.06. Characteristics of the Term "Practice of Law"

The phrase "practice of law" implies regularly or habitually presenting oneself to the
public as a lawyer and offering legal services for compensation, either as a source of
livelihood or in exchange for services rendered. The act of holding oneself out as a
lawyer can be demonstrated through actions that indicate this purpose.

Characteristics of the term "practice of law" include:

1. **Holding Oneself Out**: Engaging in the practice of law involves portraying

oneself as a lawyer to the public, usually for financial gain or in exchange for
services. This can be evidenced by various acts that indicate such intent.

2. **Examples of Holding Oneself Out**: Examples of holding oneself out as a

lawyer include sending circulars announcing the establishment of a law office for
general legal practice or taking the oath of office as a lawyer before a notary public
and informing the Supreme Court of the intention to practice law in all courts.

3. **Private Practice Definition**: Private practice extends beyond isolated

appearances and involves frequent or customary actions of a lawyer. It encompasses a
series of consistent acts demonstrating the habit of presenting oneself as a lawyer to
the public.

4. **Exceptions and Isolated Appearances**: In some instances, an isolated

appearance may not be considered private practice, especially when prohibited
individuals, such as judges or legislators, make isolated appearances as counsel.
However, isolated appearances could still be interpreted as practice concerning
specific prohibitions.

5. **Legal Professionals' Limitations**: Certain legal professionals, such as

legislators, are prohibited from engaging in the practice of law while holding certain
offices. Even an isolated appearance as counsel may be considered a violation of this
prohibition.

6. **Laypeople's Representation**: Laypeople may represent others outside of court

without necessarily practicing law. However, appearing as counsel before a court is
generally considered practicing law, and laypeople are restricted from doing so unless
permitted by law.

7. **Implications of Invalid Representation**: If a layperson represents a defendant

as defense counsel in a criminal case, their representation might be deemed invalid,
and the accused's conviction could be set aside due to violations of due process.

In summary, the phrase "practice of law" refers to the regular or habitual presentation
of oneself as a lawyer to the public, often for compensation or as a livelihood. Various
actions and circumstances contribute to determining whether a particular activity falls
within the scope of practicing law.
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§2.07. Representation Before the Court

The practice of law, in its customary understanding, involves providing services to an

individual or entity, whether natural or juridical, within a court of justice. This service
pertains to any matter that is currently being addressed in the court, spanning all the
stages of the legal process, and adhering to established rules of procedure.

Representation before the court encompasses:

1. **Appearance Before the Court**: The practice of law includes appearing on

behalf of clients within a court of justice. This entails actively participating in legal
proceedings, advocating for the interests of clients, and following the court's
prescribed rules and procedures.

2. **Preparation and Filing of Documents**: Practicing law involves preparing and

submitting various legal documents, such as pleadings, motions, memoranda, or
briefs, which are relevant to a specific action or proceeding pending in court.

3. **Management of Litigation**: Engaging in the practice of law entails managing

the entire litigation process. This includes making decisions about the appropriate
procedural steps to be taken throughout the legal proceedings.

4. **Conduct of Litigation**: The practice of law involves conducting litigation,

which encompasses tasks like determining the procedural strategies to be employed,
examining witnesses, presenting evidence or exhibits, and generally overseeing the
progression of proceedings.

In essence, the practice of law encompasses a broad range of activities related to

representing clients within a court of justice. This involves tasks such as preparing
legal documents, advocating for clients' interests, managing procedural aspects, and
guiding the overall progress of legal proceedings.

§2.08. Representation Before Other Agencies

Engaging in the practice of law is not limited to court proceedings but extends to
representing clients before quasi-judicial, administrative, or legislative agencies.
Whenever a situation requires interpreting laws, applying legal principles, and
presenting evidence to establish specific facts, it falls within the scope of practicing
law.

Representation before other agencies involves:

1. **Quasi-Judicial, Administrative, or Legislative Agencies**: Appearing before

agencies with quasi-judicial, administrative, or legislative functions constitutes the
practice of law. This includes various scenarios such as representing clients before the
Philippines Patent Office for trademark registration, patent issuance, or enforcing
rights; advocating for or opposing claims before administrative agencies like labor
relations commissions, customs, or tax bureaus; and representing clients before
legislative bodies concerning proposed legislation.
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2. **Equivalence with Court Proceedings**: The act of preparing and presenting a

valid claim before a quasi-judicial or administrative agency is as legitimate as
presenting a case in court to convince the court of the claim's validity or the
soundness of a defense. The distinction between rendering services before a court or
an agency is not significant when determining whether it constitutes practicing law.
What matters is the nature of the service provided.

3. **Ethical Standards**: When providing professional services before quasi-judicial,

administrative, or legislative bodies, lawyers are expected to uphold the same ethical
principles that guide their appearance before a court. Concealing one's status as an
attorney, engaging in secret personal solicitations, or using inappropriate means to
influence actions are considered unprofessional and unethical conduct.

In summary, engaging in the practice of law extends to representation before various

non-court agencies involving the interpretation and application of laws, the
presentation of evidence, and the application of legal principles to advocate for
clients' rights and interests. Ethical standards applicable to court appearances also
apply to engagements before quasi-judicial, administrative, or legislative tribunals.

§2.09. Activity outside of court.

The practice of law consists in no small part of work performed outside of court.
It embraces the giving of legal advice on a large variety of subjects, conveyancing and
the preparation and execution of legal instruments covering an extensive field of
business and trust relations and other affairs.These 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 bear an intimate relation to the administration of justice by the court. No
valid distinction 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. The work of office lawyer has profound effect on the whole
scheme of the administration of justice. It is performed with the possibility of
litigation in mind, otherwise it would hardly be needed.67

In Cayetano v. Monsod,m the majority of the court through Mr. Justice Paras held
that a person’s past work experiences as a lawyereconomist, a lawyer-manager, a
lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-
legislator more than satisfy the constitutional requirement for appointment as
Chairman of the Commission on Elections that he has been engaged in the active
practice of law for at least ten years and that practice of law need not be habitual
services rendered in litigations in court.

Mr. Justice Gutierrez, in his dissenting opinion, noted that engaging in the
practice of law is also a qualification for appointment of Justices of the Supreme
Court and Judges of lower courts and then asked: What kind of judges or justices will
we have if their main occupation is selling real estate, managing a business or media,
or operating a farm with no active involvement in the law, whether in Government or
private practice, except that in one joyful moment in the distant past, they happened to
pass the bar examinations?”
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Mr. Justice Cruz, in his dissent, stated that from the term “practice of law” as
defined by the majority of the Court, “one does not even have to be a lawyer to be
engaged in the practice of law as long as his activities involve the application of some
law, however, peripherally.”

Mr. Justice Padilla, in his dissent, said that the respondent did not meet the
essential criteria enumerated by the Commission on Appointments as determinative of
engaging in the practice of law, said criteria being the following:

“1. Habituality. The term ‘practice of law’ implies customarily or habitually holding
oneself out to the public as a lawyer (People vs. Villanueva, 14 SCRA 109 citing
State v. Boyen, 4 S.E. 522, 98 N.C. 644) such as when one sends a ircular announcing
the establishment of a law office for the general practice of law (U.S. v. Ney Bosque,
8 Phil. 146), or when one takes the oath of office as a lawyer before a notary public,
and files a manifestation with the Supreme Court informing it of his intention to
practice law in all courts in the country (People v. De Luna, 102 Phil. 968). Practice is
more than an isolated appearance, for it consists in frequent or customary action, a
succession of acts of the same kind. In other words, it is a habitual exercise (People
v. Villanueva, 14 SCRA 109 citing State v. Cotner, 127p. 1, 87
Kan, 864).

2. Compensation. Practice of law implies that one must have presented himself to be
in the active practice and that his professional services are available to the public for
compensation, as a source of his livelihood or in consideration of his said services.
(People v. Villanueva, supra). Hence, charging for services such as preparation of
documents involving the use of legal knowledge and skill is within the term ‘practice
of law’ (Ernani Pano, Bar Reviewer in Legal and Judicial Ethics, 1988 ed., p. 8 citing
People v. People’s Stockyards State Bank, 176 N.B. 901) and, one who renders an
opinion as to the proper interpretation of a statute, and receives pay for it, is to that
extent, practicing law (Martin, supra, p. 806 citing Mendelaun v. Gilbert and Barket
Mfg. Co., 290N.Y.S. 462).

If compensation is expected, ‘all advice to clients and all action taken for them in
matters connected with the law are practicing law.’ (Elwood Fitchette, et al. v. Arthur
C. Taylor, 94A-L.R. 356-359)

3. Application of law, legal principle, practice, or procedure which calls for legal
knowledge, training and experience is within the term ‘practice of law.’ (Martin,
supra)

4. Attorney-client relationship. Engaging in the practice of law presupposes the

existence of lawyer-client relationship. Hence, where a lawyer undertakes an activity
which requires knowledge of law but involves no attomey-client relationship, such as
teaching law or writing law books or articles, he cannot be said to be engaged in the
practice of his profession as a lawyer (Agpalo, Legal Ethics, 1989 ed., p. 30).”
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RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO

R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO
CARAGUE, in his capacity as Secretary of Budget and Management, respondents.
G.R. No. 100113 | September 3, 1991 | Second Division | Justice Paras

Legal Ethics | Practice of Law

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.
Taking into consideration the modern definition of practice of law and the liberal
construction intended by the framers of the Constitution, verily more than satisfy the
constitutional requirement — that he has been engaged in the practice of law for at
least ten years.

FACTS: 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. Commission on Appointments confirmed Monsod’s
nomination. Cayetano opposed and challenged the nomination and the subsequent
confirmation of the Commission because allegedly Monsod does not possess the
required qualification of having been engaged in the practice of law for at least ten
years.

ISSUE: Whether or not Monsod possesses the required qualification for the position
of Chairman of COMELEC.

RULING: Yes, Monsod possesses the required qualification for the position. The
case of Philippine Lawyers Association v. Agrava stated that the practice of law is not
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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 of
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.”
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 is a
member of the Philippine Bar, having passed the bar examinations of 1960 with the
grade of 86.55%. He has been a dues paying member of the Integrated Bar of the
Philippines. After passing the Bar, he worked in his father’s law office. Monsod also
worked as an operations officer for World Bank Group (1963-1970). Upon his return
to the Philippines, he worked as Chief Executive officer of Meralco Group, and
subsequently rendered service to various company either as legal and economic
consultant or as chief executive officer. He also served as former Secretary General
(1986), and National Chairman of NAMFREL (1987), as a member of the
Constitutional Commission (1986-1987) and Davide Commission (1990), and as
Chairman of Committee on Accountability of Public Officers.
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.

CASE DIGEST: PIMENTEL VS. LEB G.R. NO. 230642 & 242954.
SEPTEMBER 10, 2019

FACTS: Petitioners in this case assail the unconstitutionality of R.A. 7662 or the
Legal Education Reform Act of 1993 which creates the Legal Education Board.
Petitioners particularly seek to declare as unconstitutional the creation of LEB itself,
LEB issuances and memorandums establishing law practice internship as a
requirement for taking the bar based on Sec. 7 (g) of RA 7662, adopting a system of
continuing legal education based on Sec. 2 (2) and Sec. 7 (h) of RA 7662, and
establishing and implementing the nationwide law school aptitude test known as the
Philippine Law School Admission Test or the PhilSAT pursuant to LEB’s power to
“prescribe the minimum standards for law admission” under Sec. 7 (e) of RA 7662.
Petitioners principally grounded the petitions on LEB’s alleged encroachment upon
the rulemaking power of the Court concerning the practice of law, violation of
institutional academic freedom, and violation of law school aspirant’s right to
education under the Constitution.

ISSUES:
1. Whether the regulation and supervision of legal education belong to the Court.
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2. Whether the requirement of internship for admission to Bar Examination embodied

in LEB Memorandum pursuant to Sec. 7(g) of RA 7662 is unconstitutional.
3. Whether the adoption of system of continuing legal education embodied in LEB
Memorandum pursuant to Sec. 2(2) and Sec. 7(h) of RA 7662 is unconstitutional.
Whether the establishment of PhilSAT embodied in LEB Memorandum
pursuant to Sec. 7(e) of RA 7662 is unconstitutional.

RULING:

1. NO. Regulation and supervision of legal education had been historically

and consistently exercised by the political departments. The historical
development of statutes on education unerringly reflects the consistent
exercise by the political departments of the power to supervise and regulate
all levels and areas of education, including legal education. Legal education is
but a composite of the entire Philippine education system. It is perhaps
unique because it is a specialized area of study. This peculiarity, however, is
no reason in itself to demarcate legal education and withdraw it from the
regulatory and supervisory powers of the political branches.

Two principal reasons militate against the proposition that the Court has the
regulation and supervision of legal education:

First, it assumes that the court, in fact, possesses the power to supervise and
regulate legal education as a necessary consequence of its power to regulate
admission to the practice of law. This assumption, apart from being
manifestly contrary to the history of legal education in the Philippines, is
likewise devoid of legal anchorage.

Second, the Court exercises only judicial functions and it cannot, and must
not, arrogate upon itself a power that is not constitutionally vested to it, lest
the Court itself violates the doctrine of separation of powers. For the Court to
void RA 7662 and thereafter, to form a body that regulates legal education
and place it under its supervision and control, as what petitioners suggest, is
to demonstrate a highly improper form of judicial activism.

As it is held, the Court’s exclusive rule making power under the Constitution
covers the practice of law and not the study of law. The present rules
embodied in the 1997 Rules of Court do not support the argument that the
Court directly and actually regulates legal education, it merely provides
academic competency requirements for those who would like to take the Bar.
Furthermore, it is the State in the exercise of its police power that has the
authority to regulate and supervise the education of its citizens and this
includes legal education.

2. YES. This requirement unduly interferes with the exclusive jurisdiction of

the Court to promulgate rules concerning the practice of law and admissions
thereto. The jurisdiction to determine whether an applicant may be allowed to
take the bar examinations belongs to the Court. Under Sec. 7(g), the power of
the LEB is no longer confined within the parameters of legal education but
now dabbles on the requisites for admissions to the bar. This is direct
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encroachment upon the Court’s exclusive authority to promulgate rules

concerning admissions to the bar and should, therefore, be struck down as
unconstitutional.

3. YES. By its plain language, the clause “continuing legal education” unduly
give the LEB the power to supervise the legal education of those who are
already members of the bar. Inasmuch as the LEB is authorized to compel
mandatory attendance of practicing lawyers in such courses and for such
duration as the LEB deems necessary, the same encroaches upon the Court’s
power to promulgate rules concerning the Integrated Bar which includes the
education of Lawyer-professors as the teaching of law is considered the
practice of law.

4. YES. Accordingly, the Court recognizes the power of the LEB under its
charter to prescribe minimum standards for law admission. The PhilSAT,
when administered as an aptitude test to guide law schools in measuring the
applicant’s aptness for legal education along with such other admissions
policy that the law school may consider, is such minimum standard.
However, the PhilSAT presently operates not only as a measure of an
applicant’s aptitude for law school. The PhilSAT, as a pass or fail exam,
dictates upon law schools who among the examinees are to be admitted to
any law program. When the PhilSAT is used to exclude, qualify, and restrict
admissions to law schools, as its present design mandates, the PhilSAT goes
beyond mere supervision and regulation, violates institutional academic
freedom, becomes unreasonable and therefore, unconstitutional.

CANON I
INDEPENDENCE

The independence of a lawyer in the discharge of professional

duties without any improper influence, restriction, pressure, or
interference, direct or indirect, ensures effective legal representation
and is ultimately imperative for the rule of law.

SECTION 1. Independent, accessible, efficient, and effective legal ser vice —.

A lawyer shall make legal services accessible in an efficient and effective
manner. In performing this duty, a lawyer shall maintain independence, act with
integrity, and at all times ensure the efficient and effective delivery of justice.

SECTION 2. Merit-biased practice. — A lawyer shall rely solely

on the merits of a cause and not exert, or give the appearance of,
any influence on, nor undermine the authority of, the court, tribunal
or other government agency, or its proceedings.

SECTION 3. Freedom from improper considerations and

external influences. — A lawyer shall not, in advocating a
client's cause, be influenced by dishonest or immoral
considerations, external influences, or pressure.
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SECTION 4. Non-interference by a lnwyer. — Unless authorized

by law or a court, a lawyer shall not assist or cause a branch,
agency, office or officer of the government to interfere in any
matter before any court, tribunal, or other government agency.

SECTION 5. Lawyer's duty and discretion in procedure. — A

lawyer shall not allow the client to dictate or determine the
procedure in handling the case.

Nevertheless, a lawyer shall respect the client's decision to settle

or compromise the case after explaining its consequences to the
client.

Canon 1 – Independence

**Independence in a General Sense**:

Independence in the legal context refers to a lawyer's ability to act and make decisions
free from external pressures, influences, or conflicts of interest. It is a fundamental
principle that safeguards the lawyer's role as an advocate and ensures that legal
representation is conducted without bias, fear, or undue influence.

**When is a Lawyer Independent?**:

A lawyer is considered independent when they exercise their professional judgment
without being subject to coercion, interference, or any form of external control. This
means that a lawyer is free to represent their client's interests zealously, even if those
interests conflict with the lawyer's personal opinions or preferences.

**Acts that Run Counter to the Concept of Independence**:

Acts that undermine a lawyer's independence include:
1. **Conflicts of Interest**: Being influenced by personal or financial interests that
compromise the lawyer's duty to prioritize the client's best interests.
2. **External Pressure**: Allowing outside parties, such as clients, employers, or
third parties, to dictate legal decisions contrary to the lawyer's professional judgment.
3. **Compromising Confidentiality**: Disclosing client information without consent
or acting against the client's interests to benefit others.
4. **Personal Bias**: Allowing personal prejudices or biases to affect legal
representation, particularly if it leads to unequal treatment of clients.
5. **Failure to Challenge the Court**: Not advocating for a client's rights vigorously,
even when facing opposition from the court or other parties.

**Roles of Society, the Court, and Colleagues**:

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1. **Society**: Society plays a role in upholding the independence of lawyers by

recognizing their vital role in safeguarding justice. Societal respect for the legal
profession encourages lawyers to act independently and ensures public trust in the
legal system.
2. **The Court**: The court's role is to provide a fair and impartial forum for
resolving disputes. A lawyer's independence is preserved when the court allows them
to present arguments, challenge rulings, and advocate for their client without undue
restrictions.
3. **Colleagues**: Colleagues in the legal profession have a duty to respect each
other's independence. They can provide support, exchange ideas, and collaborate
without compromising their own professional judgment or that of their peers.

In summary, independence in the legal profession entails a lawyer's ability to act

without external pressures, conflicts, or biases. A lawyer's independence is
compromised by acts such as conflicts of interest, external influences, and
compromising confidentiality. Society, the court, and colleagues all contribute to
maintaining a lawyer's independence by recognizing their role, ensuring fair
proceedings, and fostering a supportive professional environment.