NAME: OSTIQUE, PSYCHE SHYNE P.

SUBJECT: PROBLEM AREAS IN LEGAL ETHICS

Legal Basis: Rule 138 - Attorneys and Admission to Bar

1. A gifted child was able to finish college at the age of 14. Thereafter, she enrolled in a law
school and finished her law degree after 4 years. She took the bar on the same year and became
the youngest lawyer in history of the Philippines. Is this scenario feasible?

Section 2. Requirements for all applicants for admission to the bar. — Every applicant for
admission as a member of the bar must be a citizen of the Philippines, at least twenty-one years
of age, of good moral character, and resident of the Philippines; and must produce before the
Supreme Court satisfactory evidence of good moral character, and that no charges against him,
involving moral turpitude, have been filed or are pending in any court in the Philippines.

Answer: No.According to the Rules, applicants for admission to the bar must be AT LEAST 21
YEARS OLD.

2. Only natural born citizen of the Philippines can apply for admission to the Philippine bar.

Section 2. Requirements for all applicants for admission to the bar. — Every applicant for
admission as a member of the bar must be a citizen of the Philippines, at least twenty-one years
of age, of good moral character, and resident of the Philippines; and must produce before the
Supreme Court satisfactory evidence of good moral character, and that no charges against him,
involving moral turpitude, have been filed or are pending in any court in the Philippines.

Answer: No. The Rules provide that the applicant only need to be a Filipino citizen and not a
natural born.

3. Upon petition and approval of the SC, a non-completer of a law course can take the bar
examination.

Section 5. Additional requirements for other applicants. — All applicants for admission other
than those referred to in the two preceding section shall, before being admitted to the
examination, satisfactorily show that they have regularly studied law for four years, and
successfully completed all prescribed courses, in a law school or university, officially approved
and recognized by the Secretary of Education. The affidavit of the candidate, accompanied by a
certificate from the university or school of law, shall be filed as evidence of such facts, and
further evidence may be required by the court. No applicant shall be admitted to the bar
examinations unless he has satisfactorily completed the following courses 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 and legal ethics.
Answer: No. According to the Rules, applicants MUST COMPLETE ALL PRESCRIBED COURSES.

4. In the history of the Philippines, there was once a law undergraduate who was permitted to
take the bar examination.

Answer: Yes. Former senator Jose "Pepe" Wright Diokno, had always been an achiever in class.
He was the class valedictorian in high school and even graduated summa cum laude at the
young age of 17 with a degree in commerce. He eventually went on to top the 1937 CPA board
exams. What's interesting, though, is that Jose Diokno was also able to take the Philippine bar
examinations despite not having a law degree--and even ended up being a top notcher. While
World War II was ongoing, Diokno had been studying law on his own. In 1944, he was granted a
"special dispensation" which allowed him to take the bar examinations without a law degree. He
ended up getting a rating of 95.3 percent, the highest rating for that year. He topped the bar
together with Jovit Salonga, a former Senate President.

Aside from Jose Diokno, the only other person to top the boards without a law degree was
Carolina C. Griño-Aquino, a former Supreme Court Justice. She earned a rating of 92.02 percent,
making her the top notcher of the 1950 Bar Exams.

5. Submission of testimonials of good moral character from three lawyers who have known the
bar exam applicant for a number of years will be sufficient to comply with the Good Moral
character requirement for a bar applicant even if the applicant has a reputation of engaging in
gossips.

Section 2. Requirements for all applicants for admission to the bar. — Every applicant for
admission as a member of the bar must be a citizen of the Philippines, at least twenty-one years
of age, of good moral character, and resident of the Philippines; and must produce before the
Supreme Court satisfactory evidence of good moral character, and that no charges against him,
involving moral turpitude, have been filed or are pending in any court in the Philippines.

Answer: The Rules provide that applicants must provide satisfactory evidence of good moral
character. The recommendation of the 3 lawyers who are in good standing would be sufficient
to comply with the good moral character requirement.

6. A a bar applicant hit B while he was driving one rainy night. B was unjured. A case for reckless
imprudence resulting to physical injuries was filed and is pending before the office of the city
prosecutor. Will this result to A being banned to take the bar examination until the final
resolution of the case?

Section 2. Requirements for all applicants for admission to the bar. — Every applicant for
admission as a member of the bar must be a citizen of the Philippines, at least twenty-one years
of age, of good moral character, and resident of the Philippines; and must produce before the
Supreme Court satisfactory evidence of good moral character, and that no charges against him,
involving moral turpitude, have been filed or are pending in any court in the Philippines.
 Answer: No. The Rules provide that the applicant should not have been prosecuted with a crime
or offense involving moral turpitude. The crime of reckless imprudence resulting to physical
injuries is not a crime involving moral turpitude hence it will not disqualify the applicant.

7. As soon as your name appears in the list of bar passers, you can now be called an Attorney
and ipso facto practice law.

Section 17. Admission and oath of successful applicants. — An applicant who has passed the
required examination, or has been otherwise found to be entitled to admission to the bar, shall
take and subscribe before the Supreme Court the corresponding oath of office.

Section 18. Certificate. — The supreme Court shall thereupon admit the applicant as a member
of the bar for all the courts of the Philippines, and shall direct an order to be entered to that
effect upon its records, and that a certificate of such record be given to him by the clerk of
court, which certificate shall be his authority to practice.

Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a roll of all attorneys
admitted to practice, which roll shall be signed by the person admitted when he receives his
certificate.

Answer: No. Successful bar passers must take the lawyer's oat, sign in the roll of attorneys and
be given a cerfificate before he can be a full pledge lawyer and be allowed to practice.

8. The IBP annual dues is very expensive. Hence, a new lawyer can defer his membership until he
earns a decent salary to cover the fees.

CANON III, SEC. 26 OF CPRA and Bar Matter No. 287

Answer: No. In order for a lawyer to continue practice law in the Philippines, he/she must a
member in "good standing". One of the requirements of being a member in good standing is
the regular payment of IBP fees. This is mandatory as provided also under Bar Matter No. 287
and Canon III, Sec. 26 of CPRA .

9. Graduating from law school is the culmination of legal studies. A lawyer can just read on his
own or take Masters of Law if he wants to learn more.

Bar Matter 850: ADOPTING THE REVISED RULES ON THE CONTINUING LEGAL EDUCATION FOR
MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES

Answer: No. The Supreme Court mandates that lawyers in order for them to members in good
standing must take the required MCLE.

10. All lawyers are Notary Public.

2004 Rules on Notarial Practice, Rule III

Answer: No. A lawyer must file a petition for a notarial commission to an executive judge.