Definition of “Practice of Law”

 CPRA, Canon III (Fidelity), Section 1

Fidelity pertains to a lawyer’s duty to uphold the Constitution and the laws of the land, to assist in the
administration of justice as an officer of the court, and to advance or defend a client’s cause, with full
devotion, genuine interest, and zeal in the pursuit of truth and justice. (n)

SECTION 1. Practice of law. — The practice of law is the rendition of legal service or performance of acts
or the application of law, legal principles, and judgment, in or out of court, with regard to the
circumstances or objectives of a person or a cause, and pursuant to a lawyer-client relationship or other
engagement governed by the Code of Professional Responsibility and Accountability for lawyers. It
includes employment in the public service or private sector and requires membership in the Philippine
bar as qualification. (n)

 Foreign lawyers – CPRA, Canon III (Fidelity), Section 33

SECTION 33. Foreign lawyers. — Foreign lawyers cannot, directly or indirectly, practice law in the
Philippines. (n)

Profession, not a business or trade

CPRA, Canon II (Propriety), Sections 17 to 18

✘ SECTION 17. Non-solicitation and impermissible advertisement. — A lawyer shall not, directly or
indirectly solicit, or appear to solicit legal business.

A lawyer shall not, directly or indirectly advertise legal services on any platform or media except with the
use of dignified, verifiable, and factual information, including biographical data, contact details, fields of
practice, services offered, and the like, so as to allow a potential client to make an informed choice. In no
case shall the permissible advertisement be self-laudatory.

A lawyer, law firm, or any of their representatives shall not pay or give any benefit or consideration to
any media practitioner, award-giving body, professional organization, or personality, in anticipation of, or
in return for, publicity or recognition, to attract legal representation, service, or retainership.

✘ SECTION 18. Prohibition against self-promotion. — A lawyer shall not make public appearances and
statements in relation to a terminated case or legal matter for the purpose of self-promotion, self-
aggrandizement, or to seek public sympathy. (n)

Regulation of the Practice of Law

1987 Philippine Constitution, Article VIII, Section 5

Section 5. The Supreme Court shall have the following powers:

……(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal
assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the Supreme Court.

1987 Philippine Constitution: Article XII, Section 14

Section 14. The sustained development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers
and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate
technology and regulate its transfer for the national benefit.

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

Qualifications for Admission to the Bar

Rules of Court, Rule 138, Sections 1 to 19, as amended by Bar Matter No. 1153

SEC 5. Additional requirements for other applicants. -All applicants for admission other than those
referred to in the two preceding sections, shall before being admitted to the examination, satisfactorily
show that they have successfully completed all the prescribed courses for the degree of Bachelor of Laws
or its equivalent degree, in a law school or university officially recognized by the Philippine Government
or by the proper authority in the foreign jurisdiction where the degree has been granted.

No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be admitted to the bar
examination unless lie or she has satisfactorily completed the following course in a law school or
university duly recognized by the government: civil law, commercial law, remedial law, criminal law,
public and private international law, political law, labor and social legislation medical jurisprudence,
taxation, legal ethics and clinical legal education program emphasis and Underscoring Supplied).

A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only
upon submission to the Supreme Court of certifications showing: (a) completion of all courses leading to
the degree of Bachelor of Laws or its equivalent degree; (b) recognition or accreditation of the law
school by the proper authority; and (c) completion of all the fourth year subjects in the Bachelor of Laws
academic program in a law school duly 1·ecognized by the Philippine Government. (As amended by B.M
No. 1153, March 09, 2010) This amendment shall apply to the bar examination applicants commencing
the 2023 bar examinations.

PROPOSED GUIDELINES RE: CLINICAL LEGAL EDUCATION PROGRAM (CLEP) REQUIREMENT FOR THE 2023
BAR EXAMINATIONS

1. Coverage. The foregoing guidelines shall be applicable to applicants taking the 2023 Bar examinations,
who completed their law degree in the year 2023.

The Guidelines shall NOT apply to the following applicants:

 (i) Those who obtained their law degree prior to the year 2023 and are taking the Bar
examinations for the first time;
(ii) (ii) Re-takers;
(iii) (iii) Re-applicants; and
(iv) (iv) Filipino citizens who graduated from a foreign law school.

2. Documentary Requirements. In order to comply with the CLEP requirement, Filipino citizens who
obtained their law degree in the Philippines must submit the following in both digital and hard copies,
and strictly within the periods determined by the Supreme Court through Bar Bulletins and other
relevant issuances:

a. CLEP as Stand-alone Course

(i) Certification from the School Registrar or College Secretary and duly noted by the law school Dean or
Vice Dean that the applicant has satisfactorily secured or is in the process of completing a Level 1 or 2
certification or both (see Annex A);

(ii) Transcript of Records (TOR) which must reflect the CLEP course/(s) completed; and

(iii) Original or Certified True Copy (CTC) of the Level 1 or 2 Certification or both.

b. CLEP as Integrated Course

(i) Certification from the School Registrar or College Secretary and duly noted by the law school Dean or
Vice Dean that the applicant has satisfactorily secured or is in the process of completing a Level 1 or 2
certification or both (see Annex A);

(ii) TOR which must reflect the CLEP course/(s) as integrated or embedded in certain, existing courses of
the school's curriculum; and

(iii) Original or CTC of the Level 1 or 2 Certification or both

3. Reportorial Requirements. The law school, through its Dean or Vice Dean or College Secretary, must
submit within thirty (30) days from the last day of the 2023 Bar examinations or on 24 October 2023, to
the OBC, in digital and hard copies, a notarized Certification (see Annex BJ signed by (a) the law school
Dean or Vice Dean, and (b) the School Registrar or College Secretary containing the list of applicants with
the following details, strictly within the periods determined by the Supreme Court through Bar Bulletins
and other relevant issuances: (i) Applicants' name; (ii) CLEP Certification Number; and (iii) CLEP Level
taken.

4. Effectivity. These guidelines shall take effect immediately upon the approval of the Court, En Banc.
Mandatory Continuing Legal Education
CPRA, Canon III (Fidelity), Section 24

SECTION 24. Active involvement in legal education. — A lawyer shall keep abreast of legal
developments, participate in continuing legal education programs, and support efforts to achieve
standards of excellence in law schools as well as in the practical training of law students.

In addition, a lawyer shall assist the Integrated Bar of the Philippines, law schools, law alumni
associations, law associations, or civic organizations, in educating the public on the law and
jurisprudence.

The IBP Chapters shall provide supervising lawyers to the legal aid clinics in their jurisdiction.

Payment of IBP dues

CPRA, Canon III (Fidelity), Section 26

SECTION 26. Prompt payment of membership dues. — A lawyer shall promptly pay the annual
membership dues in the Integrated Bar of the Philippines, unless expressly exempt from such payment
by law or rules.

Good Moral Character

CPRA, Canon II (Propriety), Section 1

SECTION 1. Proper conduct. — A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful
conduct

Proceedings Where Lawyers are Prohibited to Appear as Counsels

Republic Act No. 7160 (1991) or the Local Government Code, Section 415

SECTION 415. Appearance of Parties in Person. – In all katarungang pambarangay proceedings, the
parties must appear in person without the assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not lawyers.

Rules on Expedited Procedures in the First Level Courts (A.M. No. 08-8-7-SC), Rule IV (Rule on Small
Claims), Sections 17 & 18

Sec. 17. Appearance. – The parties shall personally appear on the designated date of hearing.
Appearance through a representative must be for a valid cause. The representative of an individual-party
must not be a lawyer. Juridical entities shall not be represented by a lawyer in any capacity. The
representative must be authorized under a Special Power of Attorney (Form 7-SCC), board resolution or
secretary’s certifi cate, as the case may be, to enter into an amicable settlement of the dispute and to
enter into stipulations or admissions of facts and of documentary exhibits.
Sec. 18. Appearance of attorneys not allowed. – No attorney shall appear in behalf of or represent a
party at the hearing, unless the attorney is the plaintiff or defendant. If the court determines that a party
cannot properly present his/her/its claim or defense and needs assistance, the court may, in its
discretion, allow another individual who is not an attorney to assist that party upon the latter’s consent.

Non-Delegable Legal Tasks

CPRA, Canon II (Propriety), Sections 34 & 35

SECTION 34. Paralegal services; lawyer’s responsibility. — A paralegal is one who performs tasks that
require familiarity with legal concepts, employed or retained by a lawyer, law office, corporation,
governmental agency, or other entity for non-diagnostic and non-advisory work in relation to legal
matters delegated by such lawyer, law office, corporation, governmental agency, or other entity. A lawyer
must direct or supervise a paralegal in the performance of the latter’s delegated duties. The lawyer’s
duty of confidentiality shall also extend to the services rendered by the paralegal, who is equally bound
to keep the privilege. (n)

SECTION 35. Non-delegable legal tasks. — A lawyer shall not delegate to or permit a non-lawyer,
including a paralegal, to:

(a) accept cases on behalf of the lawyer;

(b) give legal advice or opinion;

(c) act independently without the lawyer’s supervision or direction;

(d) to hold himself or herself out as a lawyer, or be named in association with a lawyer in any
pleading or submission to any court, tribunal, or other government agency;

(e) appear in any court, tribunal, or other government agency, or actively participate in formal
legal proceedings on behalf of a client, except when allowed by the law or rules;

(f) conduct negotiations with third parties unless allowed in administrative agencies, without a
lawyer’s supervision or direction;

(g) sign correspondence containing a legal opinion;

(h) perform any of the duties that only lawyers may undertake. (9.01a)38 These provisions shall
not apply to law student practitioners under Rule 138-A of the Rules of Court. (n)

RESPONSIBLE USE OF SOCIAL MEDIA

A lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that
enhances the people’s confidence in the legal system, as well as promote its responsible use. (n)
 Sanctions for Practice Without Authority
Rules of Court, Rule 71, Section 3(e)

Section 3. Indirect contempt to be punished after charge and hearing. — After a charge in writing has
been filed, and an opportunity given to the respondent to comment thereon within such period as may
be fixed by the court and to be heard by himself or counsel, a person guilty of any of the following acts
may be punished for indirect contempt;

(e) Assuming to be an attorney or an officer of a court, and acting as such without authority;

Revised Penal Code, Article 315(2)(a)

The elements of Estafa under paragraph 2(a), Article 315 of the RPC are: (a) that there must be a false
pretense or fraudulent representation as to his power, influence, qualifications, property, credit, agency,
business or imaginary transactions; (b) that such false pretense or fraudulent representation was made
or executed prior to or simultaneously with the commission of the fraud; (c) that the offended party
relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money
or property; and (d) that, as a result thereof, the offended party suffered damage

When Non-Lawyers are Allowed to Appear in Proceedings

Law Student Practice Rule
Rules of Court, Rule 138-A, as amended by A.M. No. 19-03-24- SC

Section 1. Coverage. - This rule shall cover the limited practice of law by students certified herein. The
limited practice of law covers appearances, drafting and submission of pleadings and documents before
trial and appellate courts and quasi-judicial and administrative bodies, assistance in mediation and other
alternative modes of dispute resolution, legal counselling and advice, and such other activities that may
be covered by the Clinical Legal Education Program of the law school as herein provided.

Section 2. Definition of Terms. -

(a) Clinical Legal Education Program is an experiential, interactive and reflective credit-earning teaching
course with the objectives of providing law students with practical know ledge, skills and values
necessary for the application of the law, delivery of legal services and promotion of social justice and
public interest, especially to the marginalized, while inculcating in the students the values of ethical
lawyering and public service. It consists of learning activities covered by this Rule undertaken in either
al) law clinic or an 2) externship, which shall incorporate the teaching of legal theory and doctrines,
practical skills, as well as legal ethics.

(b) Externship is part of the clinical legal educational program if: (a) it allows students to engage in legal work
for the marginalized sectors or for the promotion of social justice and public interest, and (b) it is
undertaken with any of the following: (i) the courts, the Integrated Bar of the Philippines (IBP),
government offices; and (ii) law school-recognized non-governmental organizations (NGOs).
(c) Law Clinic refers to an office or center which is a component of the law school's clinical legal education
program that renders legal assistance and services as herein provided to eligible persons, groups, and/or
communities.

(d) Law Student Practitioner is a law student certified under Section 3 of this Rule.

(e) Supervising Lawyer refers to a member of the Philippine Bar in good standing who is authorized by the
law school to supervise the law student practitioner under this Rule.

Section 3. Eligibility Requirements of Law Student Practitioners. - No law student shall be permitted to
engage in any of the activities under the Clinical Legal Education Program of a law school unless the law
student has applied for and secured the following certifications:

(a) Level 1 certification, for law students who have successfully completed their first-year law courses; and/
or

(b) Level 2 ce1iification, for law students currently enrolled for the second semester of their third-year law
courses: Provided however, where a student fails to complete all their third-year law courses, the Level 2
certification shall be deemed automatically revoked.

The certification issued shall be valid until the student has completed the required number of
courses in the clinical legal education program to complete the law degree, unless sooner revoked for
grounds stated herein.

Section 4. Practice Areas of Law Student Practitioners. - Subject to the supervision and approval of a
supervising lawyer, a certified law student practitioner may:

For Level 1 Certification

(1) Interview prospective clients;

(2) Give legal advice to the client;

(3) Negotiate for and on behalf of the client;

(4) Draft legal documents such as affidavits, compromise agreements, contracts, demand
letter, position papers, and the like;

(5) Represent eligible parties before quasi-judicial or administrative bodies;

(6) Provide public legal orientation; and

(7) Assist in public interest advocacies for policy formulation and implementation.

For Level 2 Certification

(1) Perform all activities under Level 1 Certification;

 (2) Assist in the taking of depositions and/or preparing judicial affidavits of witnesses;

(3) Appear on behalf of the client at any stage of the proceedings or trial, before any court,
quasi-judicial or administrative body;

(4) In criminal cases, subject to the provisions of Section 5, Rule 110 of the Rules of Court, to
appear on behalf of a government agency in the prosecution of criminal actions; and

(5) In appealed cases, to prepare the pleadings required in the case.

Section 5. Certification Application Requirements. - The law student must submit a duly-accomplished
application form under oath in three (3) copies, accompanied by proof of payment of the necessary legal
and filing fees.1âшphi1

The law school, through the dean or the authorized representative, shall submit to the Office of the
Executive Judge of the Regional Trial Court (RTC) having jurisdiction over the territory where the law
school is located, the duly-accomplished application form together with an endorsement under oath.

Level 1 Certification

The Executive Judge of the RTC shall evaluate, approve, and issue the certification within ten (10)
days from receipt of the application. The Level 1 certification issued under this provision shall be valid
before all courts, quasi-judicial and administrative bodies within the judicial region where the law school
is located.

Level 2 Certification

Within ten (10) days from receipt of the application, the Executive Judge of the RTC
shall (a) evaluate the application together with its attachments, and (b) recommend to the Office of the
Court Administrator (OCA) the approval and issuance of the certification. If the Executive Judge finds the
application to be incomplete, the law school shall be notified and required to comply with the
requirements within five (5) days from receipt of notice.

The Level 2 certification issued under this provision shall be valid before all courts, quasi-judicial and
administrative bodies.

Section 6. Duties of Law Student Practitioners. - Acting under a certification, the law student practitioner
shall:

(a) Observe the provisions of Section 24(b), Rule 130 of the Rules of Court;

(b) Be prohibited from using information acquired in one's capacity as a law student practitioner for personal
or commercial gain;

(c) Perform the duties and responsibilities to the best of one's abilities as a law student practitioner; and

(d) Strictly observe the Canons of the Code of Professional Responsibility.

 Section 7. Use of Law Student Practitioner's Name. -A law student practitioner may sign briefs,
pleadings, letters, and other similar documents which the student has produced under the direction of
the supervising lawyer, indicating the law student practitioner's certificate number as required under
this Rule.

Section 8. Law Student Practitioner's Oath/Affirmation. - A law student who has been issued a certificate
under this Rule must, before performing the activities allowed herein, take an oath in the following
form:

"I, ( name ), having been granted a certificate of law student practice by the Supreme Court under
Rule 138-A of the Rules of Court, do solemnly swear (or affirm) that I will maintain allegiance to the
Republic of the Philippines, I will support the Constitution and obey the laws as well as the legal orders
of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid
nor consent to the same; I will delay no man for money or malice, and will conduct myself as a certified
law student practitioner according to the best of my knowledge and discretion, with all good fidelity as
well to the courts as to the parties I represent; and I impose upon myself these voluntary obligations
without any mental reservation or purpose of evasion. So help me God."

Section 9. Duties of Law Schools. - The law school, through its dean or authorized representative, must:

(a) Develop and adopt a Clinical Legal Education Program;

(b) Develop and establish at least one law clinic in its school;

(c) Endorse qualified students for certification as law student practitioner under this Rule. Such endorsement
shall constitute as a certification that the dean or authorized representative knows that the applicant is
a student enrolled in the Clinical Legal Education course, possesses good moral character, and has met
the requirements of Section 3 of this Rule; and

(d) Ensure compliance by law student practitioners and supervising lawyers with the Code of Professional
Responsibility.

Section 10. Qualification of Supervising Lawyers. - A supervising lawyer under this Rule shall be a
member of the bar in good standing.

Section 11. Duties of Supervising Lawyers. - The following are the duties of a supervising lawyer:

(a) Supervise such number of certified law student practitioners as far as practicable;

(b) Personally appear with the law student practitioner in all cases pending before the second-level courts
and in all other cases the supervising lawyer determines that his or her presence is required;

(c) Assume personal professional responsibility for any work performed by the certified law student
practitioner while under his or her supervision;
(d) Assist and advise the certified law student practitioner in the activities authorized by these rules and
review such activities with the certified law student practitioner, all to the extent required for the proper
practical training of the certified law student practitioner and the protection of the client;

(e) Read, approve, and personally sign any pleadings, briefs or other similar documents prepared by the
certified law student practitioner prior to the filing thereof, and read and approve any documents which
shall be prepared by the certified law student practitioner for execution by the eligible party; and

(f) Provide the level of supervision to the certified law student practitioner required by these rules.

Section 12. Clinical Faculty. - Law schools shall have such number of faculty members to teach clinical
legal education courses as may be necessary to comply with this Rule.

Section 13. Sanctions. - (a) Without prejudice to existing laws, rules, regulations, and circulars, the
following shall be considered as unauthorized practice of law by a certified law student practitioner –

i. Engaging in any of the acts provided in Section 4 of this Rule without the necessary certification or without
the consent and supervision of the supervising lawyer;

ii. Making false representations in the application for certification;

iii. Using an expired certification to engage in the limited practice of law under this Rule;

iv. Rendering legal services outside the scope of the practice areas allowed under Section 4 of this Rule;

v. Asking for or receiving payment or compensation for services rendered under the Clinical Legal Education
Program as provided in this Rule; and

vi. Such other analogous circumstances.

Unauthorized practice of law shall be a ground for revocation of the law student practitioner's
certification and/or disqualification for a law student from taking the bar examination for a period to be
determined by the Supreme Court.

(b) The above provisions notwithstanding, any act constituting a violation of the Code of Professional
Responsibility shall subject the supervising lawyer, Clinical Legal Education Program Head, and/or law
school dean to disciplinary action, as the circumstances may warrant.

Section 14. Effectivity. - This rule shall take effect at the start of Academic Year 2020-2021 following its
publication in two (2) newspapers of general circulation. The requirements under second paragraph of
Section 5, Rule 138 as amended by A.M. No. 19-03-24-SC dated June 25, 2019 shall apply to bar
examination applicants commencing the 2023 bar examinations.

Accused in Criminal Cases

Rules of Court, Rule 116, Section 6
Section 6. Duty of court to inform accused of his right to counsel. — Before arraignment, the court shall
inform the accused of his right to counsel and ask him if he desires to have one. Unless the accused is
allowed to defend himself in person or has employed a counsel of his choice, the court must assign a
counsel de oficio to defend him. (6a)

Administrative Proceedings
2011 Rules of Procedure of the National Labor Relations Commission, as amended, Rule III, Section 6

SECTION 6. APPEARANCES. – (a) A lawyer appearing for a party is presumed to be properly authorized
for that purpose. In every case, he/she shall indicate in his/her pleadings and motions his/her Attorney’s
Roll Number, as well as his/her PTR and IBP numbers for the current year and MCLE compliance.

(b) A non-lawyer may appear in any of the proceedings before the Labor Arbiter or Commission only
under the following conditions:

(1) he/she represents himself/herself as party to the case;

(2) he/she represents a legitimate labor organization, as defined under Article 212 (now 219)
and 242 (now 251) of the Labor Code, as amended, which is a party to the case: Provided that,
he/she presents to the Commission or Labor Arbiter during the mandatory conference or initial
hearing: (i) a certification from the Bureau of Labor Relations (BLR) or Regional Office of the
Department of Labor and Employment (DOLE) attesting that the organization he/she represents
is duly registered and listed in the roster of legitimate labor organizations; (ii) a verified
certification issued by the secretary and attested to by the president of the said organization
stating that he/she is authorized to represent the said organization in the said case; and (iii) a
copy of the resolution of the board of directors of the said organization granting him such
authority;

(3) he/she represents a member or members of a legitimate labor organization that is existing
within the employer’s establishment, who are parties to the case: Provided that, he/she
presents: (i) a verified certification attesting that he/she is authorized by such member or
members to represent them in the case; and (ii) a verified certification issued by the secretary
and attested to by the president of the said organization stating that the person or persons
he/she is representing are members of their organization which is existing in the employer’s
establishment; and,

(4) he/she is a duly-accredited member of any legal aid office recognized by the Department of
Justice or Integrated Bar of the Philippines: Provided that, he/she (i) presents proof of his/her
accreditation; and (ii) represents a party to the case;

(c) Appearances of a non-lawyer in contravention of this Section shall not be recognized in any
proceedings before the Labor Arbiter or the Commission.

(d) Appearances may be made orally or in writing. In both cases, the complete name and office address
of counsel or authorized representative shall be made of record and the adverse party or his counsel or
authorized representative properly notified.
(e) In case of change of address, the counsel or representative shall file a notice of such change, copy
furnished the adverse party and counsel or representative, if any.

(f) Any change or withdrawal of counsel or authorized representative shall be made in accordance with
the Rules of Court, as amended. (8a)

(g) A corporation or establishment which is a party to the case may be represented by the owner or its
president or any other authorized person provided that, he/she presents: (i) a verified certification
attesting that he/she is authorized to represent said corporation or establishment; and (ii) a copy of the
resolution of the board of directors of said corporation, or other similar resolution or instrument issued
by said establishment, granting him/her such authority. (6a) (As amended by En Banc Resolution No. 11-
12, Series of 2012)

2016 Rules of Procedure of the Social Security System, as amended, Rule II, Section 13

Section 13. Appearances. - An attorney appearing for a party is presumed to be properly authorized for
that purpose. In every case, he/she shall indicate in his/her pleadings and motions his/her Attorney's
Roll Number, his/her IBP and PTR numbers for the current year, the number and date of issue of his/her
MCLE certificate of compliance or exemption for the immediately preceding compliance period and the
contact details such as office address, email address, and telephone and cellphone numbers.

A non-lawyer may appear before the Commission only if:

(a) He/She represents himself/herself as party to the case;

(b) He/She represents an organization or its members or a juridical entity, provided that he/she shall be
made to present a special power of attorney or a secretary’s certificate that he/she is an authorized
representative of the organization or its members or the juridical entity.

(c) He/She is a law student who has successfully completed his/her 3rd year of the regular 4-year
prescribed law curriculum and is enrolled in a recognized law school's clinical legal education program
approved by the Supreme Court. He/She may appear without compensation before the Commission to
represent an indigent or low-income litigant accepted by the legal clinic. The appearance of such law
student 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 rules safeguarding privileged communication between attorney and client shall apply to similar
communications made to or received by the law student, acting for the legal clinic.

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.

Appearances may be made orally or in writing. In both cases, the complete office address and contact
numbers of parties and their counsels shall be made of record and the adverse party or his/her counsel
or representative should be properly advised thereof.
Any change in the address of counsel or representative should forthwith be filed with the record of the
case and notice thereof furnished the adverse party or counsel.

2019 PCAB Rules of Procedure, Rule Section 6(b)

SECTION 6. APPEARANCES. –

a. A lawyer appearing for a party should be properly authorized for that purpose and enter his/her
formal entry of appearance. In every case, he/she shall indicate in his/her pleadings and motions
his/her Attorney’s Roll Number, as well as his/her PTR and IBP numbers for the current year and
MCLE compliance.

b. A non-lawyer may appear in any of the proceedings before the PCAB investigating officer but
should be properly authorized by the party in writing. Provided that: in cases where the party is
a corporation, the non-lawyer must be authorized via a notarized certification issued by the
board secretary and attested to by the president of the corporation stating that the bearer is
authorized to represent the said corporation in said case;

c. In case of change of address, the counsel or representative shall file a notice of such change,
copy furnished the adverse party and counsel or representative, if any.

d. Any change or withdrawal of counsel or authorized representative shall be made in accordance

with the Rules of Court.

2021 Department of Agrarian Reform Adjudication Board Revised Rules of Procedure, Rule VIII,
Section 44
Public Officials and the Practice of Law
General Principles
1987 Philippine Constitution, Article XI, Section 1

Section 1. Public office is a public trust. Public officers and employees must, at all times, be accountable
to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism
and justice, and lead modest lives.

CPRA, Canon II (Propriety), Sections 28 & 30

SECTION 28. Dignified government service. — Lawyers in government service shall observe the standard
of conduct under the CPRA, the Code of Conduct and Ethical Standards for Public Officials and
Employees, and other related laws and issuances in the performance of their duties. Any violation of the
CPRA by lawyers in government service shall be subject to disciplinary action, separate and distinct from
liability under pertinent laws or rules. (6a)34

SECTION 30. No financial interest in transactions; no gifts. — A lawyer in government shall not, directly
or indirectly, promote or advance his or her private or financial interest or that of another, in any
transaction requiring the approval of his or her office. Neither shall such lawyer solicit gifts or receive
anything of value in relation to such interest. (6.02a)36 Such lawyer in government shall not give
anything of value to, or otherwise unduly favor, any person transacting with his or her office, with the
expectation of any benefit in return. (n)

Republic Act No. 6713 (1989), Section 4

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and employee
shall observe the following as standards of personal conduct in the discharge and execution of official
duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold the public
interest over and above personal interest. All government resources and powers of their respective
offices must be employed and used efficiently, effectively, honestly and economically, particularly to
avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their duties with the
highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with
utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their
roles as dispensers or peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all times.
They must act with justness and sincerity and shall not discriminate against anyone, especially the poor
and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing
acts contrary to law, good morals, good customs, public policy, public order, public safety and public
interest. They shall not dispense or extend undue favors on account of their office to their relatives
whether by consanguinity or affinity except with respect to appointments of such relatives to positions
considered strictly confidential or as members of their personal staff whose terms are coterminous with
theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair
discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and
adequate service to the public. Unless otherwise provided by law or when required by the public
interest, public officials and employees shall provide information of their policies and procedures in clear
and understandable language, ensure openness of information, public consultations and hearings
whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures,
avoid red tape and develop an understanding and appreciation of the socio-economic conditions
prevailing in the country, especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic
and to the Filipino people, promote the use of locally produced goods, resources and technology and
encourage appreciation and pride of country and people. They shall endeavor to maintain and defend
Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit themselves to the
democratic way of life and values, maintain the principle of public accountability, and manifest by deeds
the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and
put loyalty to country above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest lives appropriate to
their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any
form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these
standards including the dissemination of information programs and workshops authorizing merit
increases beyond regular progression steps, to a limited number of employees recognized by their office
colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and
experimentation on measures which provide positive motivation to public officials and employees in
raising the general level of observance of these standards.

Public Officials Who Cannot Practice Law or Can Practice Law With Restrictions
a. Absolute Disqualification

1987 Philippine Constitution, Article VII, Section 13

Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in this Constitution, hold any other office or employment during
their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any contract with, or in any franchise, or
special privilege granted by the Government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall
not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their subsidiaries.

1987 Philippine Constitution, Article IX-A, Section 2

Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any profession or in the active management or
control of any business which, in any way, may be affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned
or controlled corporations or their subsidiaries.

1987 Philippine Constitution, Article XI, Section 8

Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the
time of their appointment, at least forty years old, of recognized probity and independence, and
members of the Philippine Bar, and must not have been candidates for any elective office in the
immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or
engaged in the practice of law in the Philippines.

During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for
in Section 2 of Article IX-A of this Constitution.

Republic Act No. 7160 (1991) or the Local Government Code, Section 90(a)

SECTION 90. Practice of Profession. – (a) 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 executives.

b. Restrictions

1987 Philippine Constitution, Article VI, Section 14

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel
before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any
franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of
office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit
or where he may be called upon to act on account of his office.

Republic Act No. 7160 (1991) or the Local Government Code, Section 90(b)

(b) Sanggunian members may practice their professions, engage in any occupation, or teach in
schools except during session hours: Provided, That sanggunian members who are also members of
the Bar shall not:

(1) 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;

(2) 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.

(3) Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and

(4) Use property and personnel of the government except when the sanggunian member
concerned is defending the interest of the government.

Republic Act No. 6713 (1989), Section 7(b)(2)

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and
employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited
acts and transactions of any public official and employee and are hereby declared to be unlawful:

(b) Outside employment and other activities related thereto. - Public officials and employees during
their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by
their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the Constitution or
law, provided, that such practice will not conflict or tend to conflict with their official functions;
or

(3) Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office.
CPRA, Canon III (Fidelity), Section 21

SECTION 21. Lawyers in government service; conflict of interest. — A lawyer currently serving in the
government shall not practice law privately, unless otherwise authorized by the Constitution, the law or
applicable Civil Service rules and regulations. If allowed, private practice shall be upon the express
authority of the lawyer’s superior, for a stated specified purpose or engagement, and only during an
approved leave of absence.65 However, the lawyer shall not represent an interest adverse to the
government. (n)

c. Prohibition on Former Government Attorneys

CPRA, Canon II (Propriety), Section 29

SECTION 29. Lawyers formerly in government service. — A lawyer who has left government service shall
not engage in private practice pertaining to any matter before the office where he or she used to be
connected within a period of one (1) year from his or her separation from such office. Justices, judges,
clerks of court, city, provincial, and regional prosecutors shall not appear before any court within the
territorial jurisdiction where they previously served within the same period. (n) After leaving
government service, a lawyer shall not accept an engagement which could improperly influence the
outcome of the proceedings which the lawyer handled or intervened in, or over which the lawyer
previously exercised authority, while in said service. (6.03a)35

d. Lawyers Authorized to Represent the Government

Executive Order No. 292 (1987), or the Administrative Code, Book IV, Title III, Chapter 12, Sections 35,
35 (7), and 35(8)

SECTION 35. Powers and Functions.—The Office of the Solicitor General shall represent the Government
of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation,
proceeding, investigation or matter requiring the services of a lawyer. When authorized by the President
or head of the office concerned, it shall also represent government-owned or controlled corporations.
The Office of the Solicitor General shall constitute the law office of the Government and, as such, shall
discharge duties requiring the services of a lawyer. It shall have the following specific powers and
functions:

(7) Deputize, whenever in the opinion of the Solicitor General the public interest requires, any provincial
or city fiscal to assist him in the performance of any function or discharge of any duty incumbent upon
him, within the jurisdiction of the aforesaid provincial or city fiscal. When so deputized, the fiscal shall
be under the control and supervision of the Solicitor General with regard to the conduct of the
proceedings assigned to the fiscal, and he may be required to render reports or furnish information
regarding the assignment.

(8) Deputize legal officers of government departments, bureaus, agencies and offices to assist the
Solicitor General and appear or represent the Government in cases involving their respective offices,
brought before the courts, and exercise supervision and control over such legal Officers with respect to
such cases.

Republic Act No. 7160 (1991) or the Local Government Code, Section 481

SECTION 481. Qualifications, Terms, Powers and Duties. –

(a) No person shall be appointed legal officer unless he is a citizen of the Philippines, a resident of the
local government concerned, of good moral character, and a member of the Philippine Bar. He must
have practiced his profession for at least five (5) years in the case of the provincial and city legal officer,
and three (3) years in the case of the municipal legal officer.

The term of the legal officer shall be coterminous with that of his appointing authority.

The appointment of legal officer shall be mandatory for the provincial and city governments and
optional for the municipal government.

(b) The legal officer, the chief legal counsel of the local government unit, shall take charge of the office
of legal services and shall:

(1) Formulate measures for the consideration of the sanggunian and provide legal assistance and
support to the governor or mayor, as the case may be, in carrying out the delivery of basic services and
provisions of adequate facilities as provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with programs and projects related to legal
services which the governor or mayor is empowered to implement and which the sanggunian is
empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the legal officer shall:

(i) Represent the local government unit in all civil actions and special proceedings wherein the
local government unit or any official thereof, in his official capacity, is a party: Provided, That, in
actions or proceedings where a component city or municipality is a party adverse to the
provincial government or to another component city or municipality, a special legal officer may
be employed to represent the adverse party;

(ii) When required by the governor, mayor or sanggunian, draft ordinances, contracts, bonds,
leases and other instruments, involving any interest of the local government unit and provide
comments and recommendations on any instrument already drawn;
 (iii) Render his opinion in writing on any question of law when requested to do so by the
governor, mayor or sanggunian;

(iv) Investigate or cause to be investigated any local official or employee for administrative
neglect or misconduct in office, and recommend appropriate action to the governor, mayor or
sanggunian, as the case may be;

(v) Investigate or cause to be investigated any person, firm or corporation holding any franchise
or exercising any public privilege for failure to comply with any term or condition in the grant of
such franchise or privilege, and recommend appropriate action to the governor, mayor or
sanggunian, as the case may be;

(vi) When directed by the governor, mayor, or sanggunian, initiate and prosecute, in the interest
of the local government unit concerned, any civil action on any bond, lease or other contract
upon any breach or violation thereof; and

(vii) Review and submit recommendations on ordinances approved and execute orders issued by
component units;

(3) Recommend measures to the sanggunian and advise the governor or mayor, as the case may be, on
all other matters related to upholding the rule of law;

(4) Be in the frontline of protecting human rights and prosecuting any violations thereof, particularly
those which occur during and in the aftermath of man-made or natural disasters or calamities; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance