MERCEDES RUTH COBB-PEREZ and DAMASO P.

PEREZ, petitioners,
vs.
HON. GREGORIO LANTIN, Judge of the Court of First Instance of Manila,
RICARDO P. HERMOSO and the CITY SHERIFF OF MANILA, respondents.

Crispin D. Baizas and Associates for petitioners.

Isidro T. Almeda for respondents.

CASTRO, J.:

This is a motion for partial reconsideration of this Court's decision of May 22, 1968, specifically
directed against the following observation therein made:

We feel compelled to observe that during the protracted litigation below, the petitioners
resorted to a series of actions and petitions, at some stages alternatingly, abetted by their
counsel, for the sole purpose of thwarting the execution of a simple money judgment which
has long become final and executory. Some of the actions were filed, only to be abandoned
or withdrawn. The petitioners and their counsel, far from viewing courts as sanctuaries for
those who seek justice, have tried to use them to subvert the very ends of justice.

Corollarily, this Court assessed treble costs against the petitioners, to "be paid by their counsel.".

The herein movants, Attys. Crispin D. Baizas and A. N. Bolinas, counsels for the petitioners, while
submitting to the judgment on the merits, seek reconsideration of the decision in so far as it reflects
adversely upon their "professional conduct" and condemns them to pay the treble costs adjudged
against their clients.

At first blush, the motion for reconsideration presents a semblance of merit. After mature deliberation
and patient reprobing into the records of the case, however, we are of the firmer conviction that the
protracted litigation, alluded to in the above-quoted portion of our decision, was designed to cause
delay, and the active participation of the petitioners' counsels in this adventure is patent.

After November 15, 1962 when the Court of Appeals rendered judgment sustaining Damaso Perez'
position with respect to the extent of the levy, the subsequent proceedings interposed alternatingly
by the petitioner spouses were obviously quixotic maneuvers expected to be overthrown by the
courts but calculated to delay an execution long overdue.

Had the petitioners and their counsels seriously believed that the levied shares of stock were
conjugal property, why did they not adopt this position from the very start, or, at the latest, in CA-
G.R. 29962-R, wherein Damaso Perez challenged the legality of the levy's coverage, in order to end
the litigation with reasonable dispatch? They chose, however, to attack the execution in a piecemeal
fashion, causing the postponement of the projected execution sale six times. More than eight years
after the finality of the judgment have passed, and the same has yet to be satisfied.

In a determined effort to prolong the litigation, the Perez spouses, as represented by their counsels,
sought the issuance of preliminary injunctions to restrain the execution of the final judgment in civil
case 39407 from courts which did not have jurisdiction and which would, as expected, initially or
ultimately deny their prayer. For instance, after Damaso Perez bowed out temporarily from the scene
following the rendition of the aforementioned Court of Appeals decision, his wife, Mercedez, Ruth
Cobb-Perez, intruded into the controversy and asked for an ex parte writ of preliminary injunction
from the Court of First Instance of Rizal in connection with civil case 7532 which she filed with the
said court, knowing fully well that the basic civil case 39407 was decided by the Court of First
Instance of Manila (Branch VII presided by the respondent Judge Lantin), which latter court was the
proper forum for any action relative to the execution. Judge Eulogio Mencias of the Court of First
Instance of Rizal, looking to Acosta vs. Alvendia (L-14598, October 31, 1960), which held that courts
of first instance have no power to restrain acts outside their territorial jurisdictions, lifted on October
4, 1963 the ex parte writ which he previously issued enjoining the respondent sheriff from carrying
out the execution sale. It is clear, however, that Mrs. Perez and her counsels, the movants, knew or
ought to have known beforehand that the Court of First Instance of Rizal did not have jurisdiction to
issue the writ which Mrs. Perez herself sought, and, anticipating the recall of the writ improvidently
issued, on September 3, 1963, a month before the said writ was actually lifted, filed in the basic civil
case 39407 an urgent motion to lift the writ of execution issued on August 15, 1961, alleging as
justification the conjugal nature of the levied shares of stock and the personal nature of Damaso
Perez' judgment debt, the very same reasons advanced in civil case 7532 which was then still
pending in the Court of First Instance of Rizal. Incidentally, Mrs. Perez failed to adduce any evidence
in support of her aforesaid urgent motion, as in fact neither she nor her counsels appeared during
the scheduled hearing, prompting the respondent judge to issue the following order:
 When the urgent motion to recall or lift writ of execution was called this morning for hearing,
counsel for the movant did not appear despite the fact that he had been duly notified of the
motion for hearing. In view thereof the court assumes that he is waiving his right to present
evidence in support of his urgent motion to recall or lift writ of execution. Said urgent motion
is therefore deemed submitted for resolution.

Despite the recall of the aforementioned writ of injunction by Judge Mencias on a disclaimer of
jurisdiction (since the execution sought to be enjoined was ordered by another tribunal), Mrs. Perez,
now assisted by her husband who had staged a comeback, prayed for the issuance of another
injunction, this time from Branch XXII of the Court of First Instance of Manila (not the same Branch
which issued the controverted writ of execution), in connection with civil case 7532, then still pending
in the Court of First Instance of Rizal. As most probably anticipated anew by the Perez spouses and
their counsels, Judge Alikpala, presiding judge of Branch XXII, on November 8, 1963 denied the
preliminary injunction sought, on the ground, among others, that he had no power to interfere by
injunction with the judgment or decree of a court of concurrent or coordinate jurisdiction. On the very
day the injunction was denied, Damaso Perez, as if expecting the reversal from Judge Alikpala, was
already prepared with another "remedy," as in fact on that day, November 8, 1963, he filed in the
basic civil case 39407 an "Urgent Motion for Reconsideration" of the order of October 19, 1963,
which denied his wife's above-mentioned motion to recall the controverted writ of execution.

The foregoing motion, far from seriously seeking the reconsideration of the order of October 19,
1963, which in the first place Damaso Perez could not legally do for he was not even a party to the
denied "Urgent Motion to Recall Writ of Execution" (filed by his wife alone), was merely an offer to
replace the levied stocks with supposed cash dividends due to the Perez spouses as stockholders in
the Republic Bank.1 As a matter of fact, when the motion was set for hearing on December 21, 1963,
the counsels for Damaso Perez promised to produce the said cash dividends within five days, but
the promise was never fulfilled.2 Consequently, the respondent Judge on January 4, 1964, denied
the said motion for reconsideration.

The above exposition of the circumstances relative to the protracted litigation clearly negates the
avowal of the movants that "in none of the various incidents in the case at bar has any particular
counsel of petitioners acted with deliberate aforethought to delay the enforcement of the judgment in
Civil Case No. 39407." From the chronology of antecedent events, the fact becomes inescapable
that the Perez spouses, coached by their counsels, had sallied forth on a strategem of "remedies"
projected to foil the lawful execution of a simple money judgment. It is equally obvious that they
foreshadowed their own reversals in the "remedies" they ventured to adopt, such that even before,
one remedy had been exhausted, they interposed another until the case reached this Court for the
second time. 3 Meanwhile, justice was delayed, and more than one member of this Court are
persuaded that justice was practically waylaid.

The movants also contend that even this Court sanctions the aforesaid civil cases 7532 and 55292
as the "proper remedy" when we said that.

In reality, what they attacked is not the writ of execution, the validity and regularity of which
are unchallenged, but the levy made by the respondent Sheriff. In this regard, the remedy is
not the recall of the writ, but an independent action to enjoin the Sheriff from proceeding with
the projected sale, in which action the conjugal nature of the levied stocks should be
established as a basis for the subsequent issuance of a permanent injunction, in the event of
a successful claim. Incidentally, in the course of the protracted litigation, the petitioners had
already availed of this remedy in civil cases 7532 and 55292, only to abandon it as they
incessantly sought other, and often simultaneous, devices of thwarting satisfaction of the
judgment debt. (Emphasis supplied) .

And because of this statement, they now counter that the said cases could not be branded as having
been instituted for delay.

The reference we made to civil cases 7532 and 55292 in the above-quoted statement must not be
considered out of context. We said that the petitioners incidentally had already availed of the
suggested remedy only in the sense that said civil cases 7532 and 55292 were apparently instituted
to prove the conjugal nature of the levied shares of stocks in question. We used the
word incidentally advisedly to show that in their incessant search for devices to thwart the
controverted execution, they accidentally stumbled on the suggested remedy. But the said civil
cases were definitely not the "proper remedy" in so far as they sought the issuance of writs of
preliminary injunction from the Court of First Instance of Rizal and the Court of First Instance of
Manila (Branch XXII) where civil cases 7532 and 55292 were filed respectively, for the said courts
did not have jurisdiction to restrain the enforcement of the writ of execution issued by the Court of
First Instance of Manila (Branch VII) under the settled doctrines that Courts are without power to
restrain acts outside of their territorial jurisdiction 4 or interfere with the judgment or decree of a court
of concurrent or coordinate jurisdiction. 5 However, the recall and the denial of the writs of
preliminary injunction in civil cases 7532 and 55292 did not amount to the termination or dismissal of
the principal action in each case. Had the Perez spouses desired in earnest to continue with the said
cases they could have done so. But the fact is that Mrs. Perez practically abandoned civil case 7532
when she instituted the above mentioned urgent motion to recall writ of execution in the basic civil
case 39407, anchored on the same grounds which she advanced in the former case, until the said
civil case 7532 was dismissed on November 9, 1963, upon her own motion. Anent civil case 55292,
the Perez spouses virtually deserted the same when they instituted the herein petition
for certiorari with urgent writ of preliminary injunction based on the same grounds proffered in the
said civil case — until the latter was also dismissed on March 20, 1964, with the consent of the
parties because of the pendency then of the aforesaid petition for certiorari.

The movants further contend that "If there was delay, it was because petitioners' counsel happened
to be more assertive ... a quality of the lawyers (which) is not to be condemned."

A counsel's assertiveness in espousing with candour and honesty his client's cause must be
encouraged and is to be commended; what we do not and cannot countenance is a lawyer's
insistence despite the patent futility of his client's position, as in the case at bar.

It is the duty of a counsel to advise his client, ordinarily a layman to the intricacies and vagaries of
the law, on the merit or lack of merit of his case. If he finds that his client's cause is defenseless,
then it is his bounden duty to advise the latter to acquiesce and submit, rather than traverse the
incontrovertible. A lawyer must resist the whims and caprices of his client, and temper his client's
propensity to litigate. A lawyer's oath to uphold the cause of justice is superior to his duty to his
client; its primacy is indisputable.

The movants finally state that the "Petitioners have several counsel in this case but the participation
of each counsel was rather limited implying that the decision of this Court ordering that "treble costs
are assessed against the petitioners, which shall be paid by their counsel" is not clear. The word
"counsel" may be either singular or plural in construction, so that when we said "counsel" we meant
the counsels on record of the petitioners who were responsible for the inordinate delay in the
execution of the final judgment in the basic civil case 39407, after the Court of Appeals had rendered
its aforementioned decision of November 15, 1962. And it is on record that the movants are such
counsels. Atty. Bolinas, upon his own admission, "entered his appearance in the case at bar about
the time the Court of First Instance of Manila dismissed the petitioners' Petition for Relief in Civil
Case No. 39407," or about August 3, 1961 and even prior to the Court of Appeals decision above-
mentioned. Atty. Baizas claims that he "became petitioners' counsel only in October, 1963 when he
filed, with Atty. A.N. Bolinao, Jr. Civil Case No. 55292 before the Court of First Instance of Manila
presided by the Hon. Judge Alikpala although it appears on record that the urgent motion to recall
writ of execution filed by Mrs. Perez in the basic civil case 39407 on September 3, 1963, was over
the signature of one Ruby Zaida of the law firm of "Crispin Baizas & Associates" as counsel for Mrs.
Perez. It is to be recalled that the said urgent motion is the same motion discussed above, which,
curiously enough, antedated by at least one month the lifting of the writ of preliminary injunction
issued in civil case 7532.

ACCORDINGLY, the motion for partial reconsideration is denied. Our decision of May 22, 1968 is
hereby modified in the sense that Attys. Crispin D. Baizas and A.N. Bolinao, Jr. shall pay jointly and
severally the treble costs assessed against the petitioners.

Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Sanchez, and Angeles, JJ., concur.
Concepcion C.J., voted for denial of the motion for reconsideration.
Fernando, J., took no part.

Footnotes

See "Urgent Motion for Reconsideration," Annex "G" of Petition for Certiorari with Urgent
1

Writ of Preliminary Injunction.

2
See "Manifestation," Annex "2" of Answer.

On February 4, 1961, Damaso Perez and Gregorio Subong elevated the judgment in the
3

basic civil case 39407 to this Court on a petition for certiorari, which was denied for lack of
merit.

Acosta, et al. vs. Alvendia, et al., L-14598, October 31, 1960; Samar Mining Co., Inc. vs,
4

Arnado, L-17109, June 30, 1961; Alhambra Cigar and Cigarette Manufacturing Co., Inc. vs.
The National Administrator of Regional Office No. 2, etc., et al., L-20491, August 31, 1965,
and the cases cited therein.

Cabigao vs. Del Rosario, 44 Phil. 182; Philippine National Bank vs. Javellana, 92 Phil. 525;
5

Araneta vs. Commonwealth Insurance Co., 103 Phil. 522.

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
SIMPLICIO VILLANUEVA, defendant-appellant.

Office of the Solicitor General for plaintiff-appellee.

Magno T. Buese for defendant-appellant.

PAREDES, J.:

On September 4, 1959, the Chief of Police of Alaminos, Laguna, charged Simplicio Villanueva with
the Crime of Malicious Mischief before the Justice of the Peace Court of said municipality. Said
accused was represented by counsel de officio but later on replaced by counsel de parte. The
complainant in the same case was represented by City Attorney Ariston Fule of San Pablo City,
having entered his appearance as private prosecutor, after securing the permission of the Secretary
of Justice. The condition of his appearance as such, was that every time he would appear at the trial
of the case, he would be considered on official leave of absence, and that he would not receive any
payment for his services. The appearance of City Attorney Fule as private prosecutor was
questioned by the counsel for the accused, invoking the case of Aquino, et al. vs. Blanco, et al.,
L-1532, Nov. 28, 1947, wherein it was ruled that "when an attorney had been appointed to the
position of Assistant Provincial Fiscal or City Fiscal and therein qualified, by operation of law, he
ceased to engage in private law practice." Counsel then argued that the JP Court in entertaining the
appearance of City Attorney Fule in the case is a violation of the above ruling. On December 17,
1960 the JP issued an order sustaining the legality of the appearance of City Attorney Fule.

Under date of January 4, 1961, counsel for the accused presented a "Motion to Inhibit Fiscal Fule
from Acting as Private Prosecutor in this Case," this time invoking Section 32, Rule 27, now Sec. 35,
Rule 138, Revised Rules of Court, which bars certain attorneys from practicing. Counsel claims that
City Attorney Fule falls under this limitation. The JP Court ruled on the motion by upholding the right
of Fule to appear and further stating that he (Fule) was not actually enagaged in private law practice.
This Order was appealed to the CFI of Laguna, presided by the Hon. Hilarion U. Jarencio, which
rendered judgment on December 20, 1961, the pertinent portions of which read:

The present case is one for malicious mischief. There being no reservation by the offended
party of the civil liability, the civil action was deemed impliedly instituted with the criminal
action. The offended party had, therefore, the right to intervene in the case and be
represented by a legal counsel because of her interest in the civil liability of the accused.

Sec. 31, Rule 127 of the Rules of Court provides that in the court of a justice of the peace a
party may conduct his litigation in person, with the aid of an agent or friend appointed by him
for that purpose, or with the aid of an attorney. Assistant City Attorney Fule appeared in the
Justice of the Peace Court as an agent or friend of the offended party. It does not appear
that he was being paid for his services or that his appearance was in a professional capacity.
As Assistant City Attorney of San Pablo he had no control or intervention whatsoever in the
prosecution of crimes committed in the municipality of Alaminos, Laguna, because the
prosecution of criminal cases coming from Alaminos are handled by the Office of the
Provincial Fiscal and not by the City Attornev of San Pablo. There could be no possible
conflict in the duties of Assistant City Attorney Fule as Assistant City Attorney of San Pablo
and as private prosecutor in this criminal case. On the other hand, as already pointed out,
the offended party in this criminal case had a right to be represented by an agent or a friend
to protect her rights in the civil action which was impliedly instituted together with the criminal
action.

In view of the foregoing, this Court holds that Asst. City Attorney Ariston D. Fule may appear
before the Justice of the Peace Court of Alaminos, Laguna as private prosecutor in this
criminal case as an agent or a friend of the offended party.

WHEREFORE, the appeal from the order of the Justice of the Peace Court of Alaminos,
Laguna, allowing the apprearance of Ariston D. Fule as private prosecutor is dismissed,
without costs.

The above decision is the subject of the instant proceeding.

The appeal should be dismissed, for patently being without merits. 1äwphï1.ñët

Aside from the considerations advanced by the learned trial judge, heretofore reproduced, and which
we consider plausible, the fallacy of the theory of defense counsel lies in his confused interpretation
of Section 32 of Rule 127 (now Sec. 35, Rule 138, Revised Rules), which provides that "no judge or
other official or employee of the superior courts or of the office of the Solicitor General, shall engage
in private practice as a member of the bar or give professional advice to clients." He claims that City
Attorney Fule, in appearing as private prosecutor in the case was engaging in private practice. We
believe that the isolated appearance of City Attorney Fule did not constitute private practice within
the meaning and contemplation of the Rules. Practice is more than an isolated appearance, for it
consists in frequent or customary actions, a succession of acts of the same kind. In other words, it is
frequent habitual exercise (State vs. Cotner, 127, p. 1, 87 Kan. 864, 42 LRA, M.S. 768). Practice of
law to fall within the prohibition of statute has been interpreted as customarily or habitually holding
one's self out to the public, as customarily and demanding payment for such services (State vs.
Bryan, 4 S.E. 522, 98 N.C. 644, 647). The appearance as counsel on one occasion is not conclusive
as determinative of engagement in the private practice of law. The following observation of the
Solicitor General is noteworthy:

Essentially, the word private practice of law implies that one must have presented himself to
be in the active and continued practice of the legal profession and that his professional
services are available to the public for a compensation, as a source of his livelihood or in
consideration of his said services.

For one thing, it has never been refuted that City Attorney Fule had been given permission by his
immediate superior, the Secretary of Justice, to represent the complainant in the case at bar, who is
a relative.

CONFORMABLY WITH ALL THE FOREGOING, the decision appealed from should be, as it is
hereby affirmed, in all respects, with costs against appellant..
PHILIPPINE LAWYER'S ASSOCIATION, petitioner,
vs.
CELEDONIO AGRAVA, in his capacity as Director of the Philippines Patent Office, respondent.

Arturo A. Alafriz for petitioner.

Office of the Solicitor General Ambrosio Padilla and Solicitor Pacifico P. de Castro for respondent.

MONTEMAYOR, J.:

This is the petition filed by the Philippine Lawyer's Association for prohibition and injunction against
Celedonio Agrava, in his capacity as Director of the Philippines Patent Office.

On may 27, 1957, respondent Director issued a circular announcing that he had scheduled for June
27, 1957 an examination for the purpose of determining who are qualified to practice as patent
attorneys before the Philippines Patent Office, the said examination to cover patent law and
jurisprudence and the rules of practice before said office. According to the circular, members of the
Philippine Bar, engineers and other persons with sufficient scientific and technical training are
qualified to take the said examination. It would appear that heretofore, respondent Director has been
holding similar examinations.

It is the contention of the petitioner Philippine Lawyer's Association that one who has passed the bar
examinations and is licensed by the Supreme Court to practice law in the Philippines and who is in
good standing, is duly qualified to practice before the Philippines Patent Office, and that
consequently, the cat of the respondent Director requiring members of the Philippine Bar in good
standing to take and pass an examination given by the Patent Office as a condition precedent to
their being allowed to practice before said office, such as representing applicants in the preparation
and prosecution of applications for patent, is in excess of his jurisdiction and is in violation of the law.

In his answer, respondent Director, through the Solicitor General, maintains that the prosecution of
patent cases "does not involve entirely or purely the practice of law but includes the application of
scientific and technical knowledge and training, so much so that, as a matter of actual practice, the
prosecution of patent cases may be handled not only by lawyers, but also engineers and other
persons with sufficient scientific and technical training who pass the prescribed examinations as
given by the Patent Office; . . . that the Rules of Court do not prohibit the Patent Office, or any other
quasi-judicial body from requiring further condition or qualification from those who would wish to
handle cases before the Patent Office which, as stated in the preceding paragraph, requires more of
an application of scientific and technical knowledge than the mere application of provisions of law; . .
. that the action taken by the respondent is in accordance with Republic Act No. 165, otherwise
known as the Patent Law of the Philippines, which similar to the United States Patent Law, in
accordance with which the United States Patent Office has also prescribed a similar examination as
that prescribed by respondent. . . .

Respondent further contends that just as the Patent law of the United States of America authorizes
the Commissioner of Patents to prescribe examinations to determine as to who practice before the
United States Patent Office, the respondent, is similarly authorized to do so by our Patent Law,
Republic Act No. 165.

Although as already stated, the Director of Patents, in the past, would appear to have been holding
tests or examinations the passing of which was imposed as a required qualification to practice
before the Patent Office, to our knowledge, this is the first time that the right of the Director of
Patents to do so, specially as regards members of the bar, has been questioned formally, or
otherwise put in issue. And we have given it careful thought and consideration.

The Supreme Court has the exclusive and constitutional power with respect to admission to the
practice of law in the Philippines1 and to any member of the Philippine Bar in good standing may
practice law anywhere and before any entity, whether judicial or quasi-judicial or administrative, in
the Philippines. Naturally, the question arises as to whether or not appearance before the patent
Office and the preparation and the prosecution of patent applications, etc., constitutes or is included
in the practice of law.

The practice of law is not limited to the conduct of cases or litigation in court; it embraces the
preparation of pleadings and other papers incident to actions and social 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 corporation 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. (5 Am. Jur. p. 262, 263). (Emphasis supplied).

Practice of law under modern conditions consists in no small part of work performed outside
of any court and having no immediate relation to proceedings in court. It embraces
conveyancing, the giving of legal advice on a large variety of subjects, and the preparation
and execution of legal instruments covering an extensive field of business and trust relations
and other affairs. Although these transactions may have no direct connection with court
proceedings, they are always subject to become involved in litigation. They 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 or counselor at law bear an intimate relation to the administration of justice by the
courts. No valid distinction, so far as concerns the question set forth in the order, can be
drawn between that part which involves advice and drafting of instruments in his office. It is
of importance to the welfare of the public that these manifold customary functions be
performed by persons possessed of adequate learning and skill, of sound moral character,
and acting at all times under the heavy trust obligations to clients which rests upon all
attorneys. (Moran, Comments on the Rules of Court, Vol. 3 (1953 ed.), p. 665-666, citing In
re Opinion of the Justices (Mass.), 194 N.E. 313, quoted in Rhode Is. Bar Assoc. vs.
Automobile Service Assoc. (R. I. ) 179 A. 139, 144). (Emphasis ours).

In our opinion, the practice of law includes such appearance before the Patent Office, the
representation of applicants, oppositors, and other persons, and the prosecution of their applications
for patent, their oppositions thereto, or the enforcement of their rights in patent cases. In the first
place, although the transaction of business in the Patent Office involves the use and application of
technical and scientific knowledge and training, still, all such business has to be rendered in
accordance with the Patent Law, as well as other laws, including the Rules and Regulations
promulgated by the Patent Office in accordance with law. Not only this, but practice before the
Patent Office involves the interpretation and application of other laws and legal principles, as well as
the existence of facts to be established in accordance with the law of evidence and procedure. For
instance: Section 8 of our Patent Law provides that an invention shall not be patentable if it is
contrary to public order or morals, or to public health or welfare. Section 9 says that an invention
shall not be considered new or patentable if it was known or used by others in the Philippines before
the invention thereof by the inventor named in any printed publication in the Philippines or any
foreign country more than one year before the application for a patent therefor, or if it had been in
public use or on sale in the Philippines for more than one year before the application for the patent
therefor. Section 10 provides that the right to patent belongs to the true and actual inventor, his
heirs, legal representatives or assigns. Section 25 and 26 refer to connection of any mistake in a
patent. Section 28 enumerates the grounds for cancellation of a patent; that although any person
may apply for such cancellation, under Section 29, the Solicitor General is authorized to petition for
the cancellation of a patent. Section 30 mentions the requirements of a petition for cancellation.
Section 31 and 32 provide for a notice of hearing of the petition for cancellation of the patent by the
Director of Patents in case the said cancellation is warranted. Under Section 34, at any time after the
expiration of three years from the day the patent was granted, any person patent on several
grounds, such as, if the patented invention is not being worked in the Philippines on a commercial
scale, or if the demand for the patented article in the Philippines on a commercial scale, or if the
demand for the patented article in the Philippines is not being met to an adequate extent and
reasonable terms, or if by reason of the patentee's refusal to grant a license on reasonable terms or
by reason of the condition attached by him to the license, purchase or use of the patented article or
working of the patented process or machine of production, the establishment of a new trade or
industry in the Philippines is prevented; or if the patent or invention relates to food or medicine or is
necessary to public health or public safety. All these things involve the applications of laws, legal
principles, practice and procedure. They call for legal knowledge, training and experience for which a
member of the bar has been prepared.

In support of the proposition that much of the business and many of the act, orders and decisions of
the Patent Director involve questions of law or a reasonable and correct evaluation of facts, the very
Patent Law, Republic Act No. 165, Section 61, provides that:

. . . . The applicant for a patent or for the registration of a design, any party to a proceeding
to cancel a patent or to obtain a compulsory license, and any party to any other proceeding
in the Office may appeal to the Supreme Court from any final order or decision of the
director.

In other words, the appeal is taken to this Tribunal. If the transaction of business in the Patent Office
and the acts, orders and decisions of the Patent Director involved exclusively or mostly technical and
scientific knowledge and training, then logically, the appeal should be taken not to a court or judicial
body, but rather to a board of scientists, engineers or technical men, which is not the case.
Another aspect of the question involves the consideration of the nature of the functions and acts of
the Head of the Patent Office.

. . . . The Commissioner, in issuing or withholding patents, in reissues, interferences, and

extensions, exercises quasi-judicial functions. Patents are public records, and it is the duty of
the Commissioner to give authenticated copies to any person, on payment of the legal fees.
(40 Am. Jur. 537). (Emphasis supplied).

. . . . The Commissioner has the only original initiatory jurisdiction that exists up to the
granting and delivering of a patent, and it is his duty to decide whether the patent is new and
whether it is the proper subject of a patent; and his action in awarding or refusing a patent is
a judicial function. In passing on an application the commissioner should decide not only
questions of law, but also questions of fact, as whether there has been a prior public use or
sale of the article invented. . . . (60 C.J.S. 460). (Emphasis supplied).

The Director of Patents, exercising as he does judicial or quasi-judicial functions, it is reasonable to

hold that a member of the bar, because of his legal knowledge and training, should be allowed to
practice before the Patent Office, without further examination or other qualification. Of course, the
Director of Patents, if he deems it advisable or necessary, may require that members of the bar
practising before him enlist the assistance of technical men and scientist in the preparation of papers
and documents, such as, the drawing or technical description of an invention or machine sought to
be patented, in the same way that a lawyer filing an application for the registration of a parcel of land
on behalf of his clients, is required to submit a plan and technical description of said land, prepared
by a licensed surveyor.

But respondent Director claims that he is expressly authorized by the law to require persons desiring
to practice or to do business before him to submit an examination, even if they are already members
of the bar. He contends that our Patent Law, Republic Act No. 165, is patterned after the United
States Patent Law; and of the United States Patent Office in Patent Cases prescribes an
examination similar to that which he (respondent) has prescribed and scheduled. He invites our
attention to the following provisions of said Rules of Practice:

Registration of attorneys and agents. — A register of an attorneys and a register agents are
kept in the Patent Office on which are entered the names of all persons recognized as
entitled to represent applicants before the Patent Office in the preparation and prosecution of
applicants for patent. Registration in the Patent Office under the provisions of these rules
shall only entitle the person registered to practice before the Patent Office.

(a) Attorney at law. — Any attorney at law in good standing admitted to practice before any
United States Court or the highest court of any State or Territory of the United States who
fulfills the requirements and complied with the provisions of these rules may be admitted to
practice before the Patent Office and have his name entered on the register of attorneys.

xxx xxx xxx

(c) Requirement for registration. — No person will be admitted to practice and register unless
he shall apply to the Commissioner of Patents in writing on a prescribed form supplied by the
Commissioner and furnish all requested information and material; and shall establish to the
satisfaction of the Commissioner that he is of good moral character and of good repute and
possessed of the legal and scientific and technical qualifications necessary to enable him to
render applicants for patent valuable service, and is otherwise competent to advise and
assist him in the presentation and prosecution of their application before the Patent Office. In
order that the Commissioner may determine whether a person seeking to have his name
placed upon either of the registers has the qualifications specified, satisfactory proof of good
moral character and repute, and of sufficient basic training in scientific and technical matters
must be submitted and an examination which is held from time to time must be taken and
passed. The taking of an examination may be waived in the case of any person who has
served for three years in the examining corps of the Patent Office.

Respondent states that the promulgation of the Rules of Practice of the United States Patent Office
in Patent Cases is authorized by the United States Patent Law itself, which reads as follows:

The Commissioner of Patents, subject to the approval of the Secretary of Commerce may
prescribe rules and regulations governing the recognition of agents, attorneys, or other
persons representing applicants or other parties before his office, and may require of such
persons, agents, or attorneys, before being recognized as representatives of applicants or
other persons, that they shall show they are of good moral character and in good repute,
are possessed of the necessary qualifications to enable them to render to applicants or
other persons valuable service, and are likewise to competent to advise and assist
 applicants or other persons in the presentation or prosecution of their applications or other
business before the Office. The Commissioner of Patents may, after notice and opportunity
for a hearing, suspend or exclude, either generally or in any particular case from further
practice before his office any person, agent or attorney shown to be incompetent or
disreputable, or guilty of gross misconduct, or who refuses to comply with the said rules and
regulations, or who shall, with intent to defraud in any matter, deceive, mislead, or threaten
any applicant or prospective applicant, or other person having immediate or prospective
applicant, or other person having immediate or prospective business before the office, by
word, circular, letter, or by advertising. The reasons for any such suspension or exclusion
shall be duly recorded. The action of the Commissioner may be reviewed upon the petition of
the person so refused recognition or so suspended by the district court of the United States
for the District of Columbia under such conditions and upon such proceedings as the said
court may by its rules determine. (Emphasis supplied)

Respondent Director concludes that Section 78 of Republic Act No. 165 being similar to the
provisions of law just reproduced, then he is authorized to prescribe the rules and regulations
requiring that persons desiring to practice before him should submit to and pass an examination. We
reproduce said Section 78, Republic Act No. 165, for purposes of comparison:

SEC. 78. Rules and regulations. — The Director subject to the approval of the Secretary of
Justice, shall promulgate the necessary rules and regulations, not inconsistent with law, for
the conduct of all business in the Patent Office.

The above provisions of Section 78 certainly and by far, are different from the provisions of the
United States Patent Law as regards authority to hold examinations to determine the qualifications of
those allowed to practice before the Patent Office. While the U.S. Patent Law authorizes the
Commissioner of Patents to require attorneys to show that they possess the necessary qualifications
and competence to render valuable service to and advise and assist their clients in patent cases,
which showing may take the form of a test or examination to be held by the Commissioner, our
Patent Law, Section 78, is silent on this important point. Our attention has not been called to any
express provision of our Patent Law, giving such authority to determine the qualifications of persons
allowed to practice before the Patent Office.

Section 551 of the Revised Administrative Code authorizes every chief of bureau to prescribe forms
and make regulations or general orders not inconsistent with law, to secure the harmonious and
efficient administration of his branch of the service and to carry into full effect the laws relating to
matters within the jurisdiction of his bureau. Section 608 of Republic Act 1937, known as the Tariff
and Customs Code of the Philippines, provides that the Commissioner of Customs shall, subject to
the approval of the Department Head, makes all rules and regulations necessary to enforce the
provisions of said code. Section 338 of the National Internal Revenue Code, Commonwealth Act No.
466 as amended, states that the Secretary of Finance, upon recommendation of the Collector of
Internal Revenue, shall promulgate all needful rules and regulations for the effective enforcement of
the provisions of the code. We understand that rules and regulations have been promulgated not
only for the Bureau of Customs and Internal Revenue, but also for other bureaus of the Government,
to govern the transaction of business in and to enforce the law for said bureaus.

Were we to allow the Patent Office, in the absence of an express and clear provision of law giving
the necessary sanction, to require lawyers to submit to and pass on examination prescribed by it
before they are allowed to practice before said Patent Office, then there would be no reason why
other bureaus specially the Bureau of Internal Revenue and Customs, where the business in the
same area are more or less complicated, such as the presentation of books of accounts, balance
sheets, etc., assessments exemptions, depreciation, these as regards the Bureau of Internal
Revenue, and the classification of goods, imposition of customs duties, seizures, confiscation, etc.,
as regards the Bureau of Customs, may not also require that any lawyer practising before them or
otherwise transacting business with them on behalf of clients, shall first pass an examination to
qualify.

In conclusion, we hold that under the present law, members of the Philippine Bar authorized by this
Tribunal to practice law, and in good standing, may practice their profession before the Patent
Office, for the reason that much of the business in said office involves the interpretation and
determination of the scope and application of the Patent Law and other laws applicable, as well as
the presentation of evidence to establish facts involved; that part of the functions of the Patent
director are judicial or quasi-judicial, so much so that appeals from his orders and decisions are,
under the law, taken to the Supreme Court.

For the foregoing reasons, the petition for prohibition is granted and the respondent Director is
hereby prohibited from requiring members of the Philippine Bar to submit to an examination or tests
and pass the same before being permitted to appear and practice before the Patent Office. No costs.
 MAURICIO C. ULEP, Petitioner, vs. THE LEGAL CLINIC, INC., Respondent.

R E SO L U T I O N

REGALADO, J.:

Petitioner prays this Court "to order the respondent to cease and desist from issuing
advertisements similar to or of the same tenor as that of annexes "A" and "B" (of said
petition) and to perpetually prohibit persons or entities from making advertisements
pertaining to the exercise of the law profession other than those allowed by law." chanrobles virtual law library

The advertisements complained of by herein petitioner are as follows:

Annex A

SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA. chanrobles virtual law library

THE Please call: 521-0767 LEGAL 5217232, 5222041 CLINIC, INC. 8:30 am- 6:00 pm
7-Flr. Victoria Bldg., UN Ave., Mla.

Annex B

GUAM DIVORCE.

DON PARKINSON chanrobles virtual law library

an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through The Legal Clinic
beginning Monday to Friday during office hours. chanroblesvirtualawlibrarychanrobles virtual law library

Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext. Quota/Non-

quota Res. & Special Retiree's Visa. Declaration of Absence. Remarriage to Filipina
Fiancees. Adoption. Investment in the Phil. US/Foreign Visa for Filipina
Spouse/Children. Call Marivic. chanrobles virtual law library

THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US Embassy CLINIC,
INC. 1 Tel. 521-7232; 521-7251; 522-2041; 521-0767

It is the submission of petitioner that the advertisements above reproduced are

champterous, unethical, demeaning of the law profession, and destructive of the
confidence of the community in the integrity of the members of the bar and that, as a
member of the legal profession, he is ashamed and offended by the said
advertisements, hence the reliefs sought in his petition as hereinbefore quoted. chanroblesvirtualawlibrarychanrobles virtual law library

In its answer to the petition, respondent admits the fact of publication of said
advertisement at its instance, but claims that it is not engaged in the practice of law
but in the rendering of "legal support services" through paralegals with the use of
modern computers and electronic machines. Respondent further argues that assuming
that the services advertised are legal services, the act of advertising these services
should be allowed supposedly
in the light of the case of John R. Bates and Van O'Steen vs. State Bar of
Arizona, 2reportedly decided by the United States Supreme Court on June 7, 1977. chanroblesvirtualawlibrarychanrobles virtual law library

Considering the critical implications on the legal profession of the issues raised herein,
we required the (1) Integrated Bar of the Philippines (IBP), (2) Philippine Bar
Association (PBA), (3) Philippine Lawyers' Association (PLA), (4) U.P. Womens Lawyers'
Circle (WILOCI), (5) Women Lawyers Association of the Philippines (WLAP), and (6)
Federacion International de Abogadas (FIDA) to submit their respective position papers
on the controversy and, thereafter, their memoranda. 3The said bar associations readily
responded and extended their valuable services and cooperation of which this Court
takes note with appreciation and gratitude. chanroblesvirtualawlibrarychanrobles virtual law library

The main issues posed for resolution before the Court are whether or not the services
offered by respondent, The Legal Clinic, Inc., as advertised by it constitutes practice of
law and, in either case, whether the same can properly be the subject of the
advertisements herein complained of. chanroblesvirtualawlibrarychanrobles virtual law library

Before proceeding with an in-depth analysis of the merits of this case, we deem it
proper and enlightening to present hereunder excerpts from the respective position
papers adopted by the aforementioned bar associations and the memoranda submitted
by them on the issues involved in this bar matter.

1. Integrated Bar of the Philippines:

xxx xxx xxx chanrobles virtual law library

Notwithstanding the subtle manner by which respondent endeavored to distinguish the

two terms, i.e., "legal support services" vis-a-vis "legal services", common sense would
readily dictate that the same are essentially without substantial distinction. For who
could deny that document search, evidence gathering, assistance to layman in need of
basic institutional services from government or non-government agencies like birth,
marriage, property, or business registration, obtaining documents like clearance,
passports, local or foreign visas, constitutes practice of law?

xxx xxx xxx chanrobles virtual law library

The Integrated Bar of the Philippines (IBP) does not wish to make issue with
respondent's foreign citations. Suffice it to state that the IBP has made its position
manifest, to wit, that it strongly opposes the view espoused by respondent (to the
effect that today it is alright to advertise one's legal services). chanroblesvirtualawlibrarychanrobles virtual law library

The IBP accordingly declares in no uncertain terms its opposition to respondent's act of
establishing a "legal clinic" and of concomitantly advertising the same through
newspaper publications. chanroblesvirtualawlibrarychanrobles virtual law library

The IBP would therefore invoke the administrative supervision of this Honorable Court
to perpetually restrain respondent from undertaking highly unethical activities in the
field of law practice as aforedescribed. 4

xxx xxx xxx chanrobles virtual law library

A. The use of the name "The Legal Clinic, Inc." gives the impression that respondent
corporation is being operated by lawyers and that it renders legal services. chanroblesvirtualawlibrarychanrobles virtual law library

While the respondent repeatedly denies that it offers legal services to the public, the
advertisements in question give the impression that respondent is offering legal
services. The Petition in fact simply assumes this to be so, as earlier mentioned,
apparently because this (is) the effect that the advertisements have on the reading
public.
chanroblesvirtualawlibrarychanrobles virtual law library

The impression created by the advertisements in question can be traced, first of all, to
the very name being used by respondent - "The Legal Clinic, Inc." Such a name, it is
respectfully submitted connotes the rendering of legal services for legal problems, just
like a medical clinic connotes medical services for medical problems. More importantly,
the term "Legal Clinic" connotes lawyers, as the term medical clinic connotes
doctors. chanroblesvirtualawlibrarychanrobles virtual law library

Furthermore, the respondent's name, as published in the advertisements subject of the

present case, appears with (the) scale(s) of justice, which all the more reinforces the
impression that it is being operated by members of the bar and that it offers legal
services. In addition, the advertisements in question appear with a picture and name of
a person being represented as a lawyer from Guam, and this practically removes
whatever doubt may still remain as to the nature of the service or services being
offered. chanroblesvirtualawlibrarychanrobles virtual law library

It thus becomes irrelevant whether respondent is merely offering "legal support

services" as claimed by it, or whether it offers legal services as any lawyer actively
engaged in law practice does. And it becomes unnecessary to make a distinction
between "legal services" and "legal support services," as the respondent would have it.
The advertisements in question leave no room for doubt in the minds of the reading
public that legal services are being offered by lawyers, whether true or not. chanroblesvirtualawlibrarychanrobles virtual law library

B. The advertisements in question are meant to induce the performance of acts

contrary to law, morals, public order and public policy. chanroblesvirtualawlibrarychanrobles virtual law library

It may be conceded that, as the respondent claims, the advertisements in question are
only meant to inform the general public of the services being offered by it. Said
advertisements, however, emphasize to Guam divorce, and any law student ought to
know that under the Family Code, there is only one instance when a foreign divorce is
recognized, and that is:

Article 26. . . . chanroblesvirtualawlibrarychanrobles virtual law library

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have capacity to remarry under Philippine Law.

It must not be forgotten, too, that the Family Code (defines) a marriage as follows:

Article 1. Marriage is special contract of permanent union between a man and woman
entered into accordance with law for the establishment of conjugal and family life. It is
the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except
that marriage settlements may fix the property relation during the marriage within the
limits provided by this Code.

By simply reading the questioned advertisements, it is obvious that the message being
conveyed is that Filipinos can avoid the legal consequences of a marriage celebrated in
accordance with our law, by simply going to Guam for a divorce. This is not only
misleading, but encourages, or serves to induce, violation of Philippine law. At the very
least, this can be considered "the dark side" of legal practice, where certain defects in
Philippine laws are exploited for the sake of profit. At worst, this is outright malpractice.

Rule 1.02. - A lawyer shall not counsel or abet activities aimed at defiance of the law or
at lessening confidence in the legal system.

In addition, it may also be relevant to point out that advertisements such as that shown
in Annex "A" of the Petition, which contains a cartoon of a motor vehicle with the words
"Just Married" on its bumper and seems to address those planning a "secret marriage,"
if not suggesting a "secret marriage," makes light of the "special contract of permanent
union," the inviolable social institution," which is how the Family Code describes
marriage, obviously to emphasize its sanctity and inviolability. Worse, this particular
advertisement appears to encourage marriages celebrated in secrecy, which is
suggestive of immoral publication of applications for a marriage license. chanroblesvirtualawlibrarychanrobles virtual law library

If the article "Rx for Legal Problems" is to be reviewed, it can readily be concluded that
the above impressions one may gather from the advertisements in question are
accurate. The Sharon Cuneta-Gabby Concepcion example alone confirms what the
advertisements suggest. Here it can be seen that criminal acts are being encouraged or
committed
(a bigamous marriage in Hong Kong or Las Vegas) with impunity simply because the
jurisdiction of Philippine courts does not extend to the place where the crime is
committed. chanroblesvirtualawlibrarychanrobles virtual law library

Even if it be assumed, arguendo, (that) the "legal support services" respondent offers
do not constitute legal services as commonly understood, the advertisements in
question give the impression that respondent corporation is being operated by lawyers
and that it offers legal services, as earlier discussed. Thus, the only logical consequence
is that, in the eyes of an ordinary newspaper reader, members of the bar themselves
are encouraging or inducing the performance of acts which are contrary to law, morals,
good customs and the public good, thereby destroying and demeaning the integrity of
the Bar.

xxx xxx xxx chanrobles virtual law library

It is respectfully submitted that respondent should be enjoined from causing the
publication of the advertisements in question, or any other advertisements similar
thereto. It is also submitted that respondent should be prohibited from further
performing or offering some of the services it presently offers, or, at the very least,
from offering such services to the public in general. chanroblesvirtualawlibrarychanrobles virtual law library

The IBP is aware of the fact that providing computerized legal research, electronic data
gathering, storage and retrieval, standardized legal forms, investigators for gathering of
evidence, and like services will greatly benefit the legal profession and should not be
stifled but instead encouraged. However, when the conduct of such business by non-
members of the Bar encroaches upon the practice of law, there can be no choice but to
prohibit such business.chanroblesvirtualawlibrarychanrobles virtual law library

Admittedly, many of the services involved in the case at bar can be better performed by
specialists in other fields, such as computer experts, who by reason of their having
devoted time and effort exclusively to such field cannot fulfill the exacting requirements
for admission to the Bar. To prohibit them from "encroaching" upon the legal profession
will deny the profession of the great benefits and advantages of modern technology.
Indeed, a lawyer using a computer will be doing better than a lawyer using a
typewriter, even if both are (equal) in skill. chanroblesvirtualawlibrarychanrobles virtual law library

Both the Bench and the Bar, however, should be careful not to allow or tolerate the
illegal practice of law in any form, not only for the protection of members of the Bar but
also, and more importantly, for the protection of the public. Technological development
in the profession may be encouraged without tolerating, but instead ensuring
prevention of illegal practice. chanroblesvirtualawlibrarychanrobles virtual law library

There might be nothing objectionable if respondent is allowed to perform all of its

services, but only if such services are made available exclusively to members of the
Bench and Bar. Respondent would then be offering technical assistance, not legal
services. Alternatively, the more difficult task of carefully distinguishing between which
service may be offered to the public in general and which should be made available
exclusively to members of the Bar may be undertaken. This, however, may require
further proceedings because of the factual considerations involved. chanroblesvirtualawlibrarychanrobles virtual law library

It must be emphasized, however, that some of respondent's services ought to be

prohibited outright, such as acts which tend to suggest or induce celebration abroad of
marriages which are bigamous or otherwise illegal and void under Philippine law. While
respondent may not be prohibited from simply disseminating information regarding
such matters, it must be required to include, in the information given, a disclaimer that
it is not authorized to practice law, that certain course of action may be illegal under
Philippine law, that it is not authorized or capable of rendering a legal opinion, that a
lawyer should be consulted before deciding on which course of action to take, and that
it cannot recommend any particular lawyer without subjecting itself to possible
sanctions for illegal practice of law. chanroblesvirtualawlibrarychanrobles virtual law library

If respondent is allowed to advertise, advertising should be directed exclusively at

members of the Bar, with a clear and unmistakable disclaimer that it is not authorized
to practice law or perform legal services. chanroblesvirtualawlibrarychanrobles virtual law library

The benefits of being assisted by paralegals cannot be ignored. But nobody should be
allowed to represent himself as a "paralegal" for profit, without such term being clearly
defined by rule or regulation, and without any adequate and effective means of
regulating his activities. Also, law practice in a corporate form may prove to be
advantageous to the legal profession, but before allowance of such practice may be
considered, the corporation's Article of Incorporation and By-laws must conform to each
and every provision of the Code of Professional Responsibility and the Rules of Court. 5

2. Philippine Bar Association:

xxx xxx xxx. chanroblesvirtualawlibrarychanrobles virtual law library

Respondent asserts that it "is not engaged in the practice of law but engaged in giving
legal support services to lawyers and laymen, through experienced paralegals, with the
use of modern computers and electronic machines" (pars. 2 and 3, Comment). This is
absurd. Unquestionably, respondent's acts of holding out itself to the public under the
trade name "The Legal Clinic, Inc.," and soliciting employment for its enumerated
services fall within the realm of a practice which thus yields itself to the regulatory
powers of the Supreme Court. For respondent to say that it is merely engaged in
paralegal work is to stretch credulity. Respondent's own commercial advertisement
which announces a certain Atty. Don Parkinson to be handling the fields of law belies its
pretense. From all indications, respondent "The Legal Clinic, Inc." is offering and
rendering legal services through its reserve of lawyers. It has been held that the
practice of law is not limited to the conduct of cases in court, but includes drawing of
deeds, incorporation, rendering opinions, and advising clients as to their legal right and
then take them to an attorney and ask the latter to look after their case in court See
Martin, Legal and Judicial Ethics, 1984 ed., p. 39). chanroblesvirtualawlibrarychanrobles virtual law library

It is apt to recall that only natural persons can engage in the practice of law, and such
limitation cannot be evaded by a corporation employing competent lawyers to practice
for it. Obviously, this is the scheme or device by which respondent "The Legal Clinic,
Inc." holds out itself to the public and solicits employment of its legal services. It is
an odious vehicle for deception, especially so when the public cannot ventilate any
grievance for malpractice against the business conduit. Precisely, the limitation of
practice of law to persons who have been duly admitted as members of the Bar (Sec. 1,
Rule 138, Revised Rules of Court) is to subject the members to the discipline of the
Supreme Court. Although respondent uses its business name, the persons and the
lawyers who act for it are subject to court discipline. The practice of law is not a
profession open to all who wish to engage in it nor can it be assigned to another (See 5
Am. Jur. 270). It is a personal right limited to persons who have qualified themselves
under the law. It follows that not only respondent but also all the persons who are
acting for respondent are the persons engaged in unethical law practice. 6

3. Philippine Lawyers' Association: chanrobles virtual law library

The Philippine Lawyers' Association's position, in answer to the issues stated herein, are
wit:

1. The Legal Clinic is engaged in the practice of law;

2. Such practice is unauthorized;

3. The advertisements complained of are not only unethical, but also misleading and
patently immoral; and

4. The Honorable Supreme Court has the power to supress and punish the Legal Clinic
and its corporate officers for its unauthorized practice of law and for its unethical,
misleading and immoral advertising.

xxx xxx xxx chanrobles virtual law library

Respondent posits that is it not engaged in the practice of law. It claims that it merely
renders "legal support services" to answers, litigants and the general public as
enunciated in the Primary Purpose Clause of its Article(s) of Incorporation. (See pages
2 to 5 of Respondent's Comment). But its advertised services, as enumerated above,
clearly and convincingly show that it is indeed engaged in law practice, albeit outside of
court.chanroblesvirtualawlibrarychanrobles virtual law library

As advertised, it offers the general public its advisory services on Persons and Family
Relations Law, particularly regarding foreign divorces, annulment of marriages, secret
marriages, absence and adoption; Immigration Laws, particularly on visa related
problems, immigration problems; the Investments Law of the Philippines and such
other related laws. chanroblesvirtualawlibrarychanrobles virtual law library

Its advertised services unmistakably require the application of the aforesaid law, the
legal principles and procedures related thereto, the legal advices based thereon and
which activities call for legal training, knowledge and experience. chanroblesvirtualawlibrarychanrobles virtual law library

Applying the test laid down by the Court in the aforecited Agrava Case, the activities of
respondent fall squarely and are embraced in what lawyers and laymen equally term as
"the practice of law." 7
4. U.P. Women Lawyers' Circle: chanrobles virtual law library

In resolving, the issues before this Honorable Court, paramount consideration should be
given to the protection of the general public from the danger of being exploited by
unqualified persons or entities who may be engaged in the practice of law. chanroblesvirtualawlibrarychanrobles virtual law library

At present, becoming a lawyer requires one to take a rigorous four-year course of study
on top of a four-year bachelor of arts or sciences course and then to take and pass the
bar examinations. Only then, is a lawyer qualified to practice law. chanroblesvirtualawlibrarychanrobles virtual law library

While the use of a paralegal is sanctioned in many jurisdiction as an aid to the

administration of justice, there are in those jurisdictions, courses of study and/or
standards which would qualify these paralegals to deal with the general public as such.
While it may now be the opportune time to establish these courses of study and/or
standards, the fact remains that at present, these do not exist in the Philippines. In the
meantime, this Honorable Court may decide to make measures to protect the general
public from being exploited by those who may be dealing with the general public in the
guise of being "paralegals" without being qualified to do so. chanroblesvirtualawlibrarychanrobles virtual law library

In the same manner, the general public should also be protected from the dangers
which may be brought about by advertising of legal services. While it appears that
lawyers are prohibited under the present Code of Professional Responsibility from
advertising, it appears in the instant case that legal services are being advertised not
by lawyers but by an entity staffed by "paralegals." Clearly, measures should be taken
to protect the general public from falling prey to those who advertise legal services
without being qualified to offer such services. 8

A perusal of the questioned advertisements of Respondent, however, seems to give the

impression that information regarding validity of marriages, divorce, annulment of
marriage, immigration, visa extensions, declaration of absence, adoption and foreign
investment, which are in essence, legal matters , will be given to them if they avail of
its services. The Respondent's name - The Legal Clinic, Inc. - does not help matters. It
gives the impression again that Respondent will or can cure the legal problems brought
to them. Assuming that Respondent is, as claimed, staffed purely by paralegals, it also
gives the misleading impression that there are lawyers involved in The Legal Clinic,
Inc., as there are doctors in any medical clinic, when only "paralegals" are involved in
The Legal Clinic, Inc. chanroblesvirtualawlibrarychanrobles virtual law library

Respondent's allegations are further belied by the very admissions of its President and
majority stockholder, Atty. Nogales, who gave an insight on the structure and main
purpose of Respondent corporation in the aforementioned "Starweek" article." 9

5. Women Lawyer's Association of the Philippines: chanrobles virtual law library

Annexes "A" and "B" of the petition are clearly advertisements to solicit cases for the
purpose of gain which, as provided for under the above cited law, (are) illegal and
against the Code of Professional Responsibility of lawyers in this country. chanroblesvirtualawlibrarychanrobles virtual law library

Annex "A" of the petition is not only illegal in that it is an advertisement to solicit cases,
but it is illegal in that in bold letters it announces that the Legal Clinic, Inc., could work
out/cause the celebration of a secret marriage which is not only illegal but immoral in
this country. While it is advertised that one has to go to said agency and pay P560 for a
valid marriage it is certainly fooling the public for valid marriages in the Philippines are
solemnized only by officers authorized to do so under the law. And to employ an agency
for said purpose of contracting marriage is not necessary. chanroblesvirtualawlibrarychanrobles virtual law library

No amount of reasoning that in the USA, Canada and other countries the trend is
towards allowing lawyers to advertise their special skills to enable people to obtain from
qualified practitioners legal services for their particular needs can justify the use of
advertisements such as are the subject matter of the petition, for one (cannot) justify
an illegal act even by whatever merit the illegal act may serve. The law has yet to be
amended so that such act could become justifiable. chanroblesvirtualawlibrarychanrobles virtual law library

We submit further that these advertisements that seem to project that secret marriages
and divorce are possible in this country for a fee, when in fact it is not so, are highly
reprehensible. chanroblesvirtualawlibrarychanrobles virtual law library
It would encourage people to consult this clinic about how they could go about having a
secret marriage here, when it cannot nor should ever be attempted, and seek advice on
divorce, where in this country there is none, except under the Code of Muslim Personal
Laws in the Philippines. It is also against good morals and is deceitful because it falsely
represents to the public to be able to do that which by our laws cannot be done (and)
by our Code of Morals should not be done. chanroblesvirtualawlibrarychanrobles virtual law library

In the case (of) In re Taguda, 53 Phil. 37, the Supreme Court held that solicitation for
clients by an attorney by circulars of advertisements, is unprofessional, and offenses of
this character justify permanent elimination from the Bar. 10

6. Federacion Internacional de Abogados:

xxx xxx xxx chanrobles virtual law library

1.7 That entities admittedly not engaged in the practice of law, such as management
consultancy firms or travel agencies, whether run by lawyers or not, perform the
services rendered by Respondent does not necessarily lead to the conclusion that
Respondent is not unlawfully practicing law. In the same vein, however, the fact that
the business of respondent (assuming it can be engaged in independently of the
practice of law) involves knowledge of the law does not necessarily make respondent
guilty of unlawful practice of law.

. . . . Of necessity, no one . . . . acting as a consultant can render effective service

unless he is familiar with such statutes and regulations. He must be careful not to
suggest a course of conduct which the law forbids. It seems . . . .clear that (the
consultant's) knowledge of the law, and his use of that knowledge as a factor in
determining what measures he shall recommend, do not constitute the practice of
law . . . . It is not only presumed that all men know the law, but it is a fact that most
men have considerable acquaintance with broad features of the law . . . . Our
knowledge of the law - accurate or inaccurate - moulds our conduct not only when we
are acting for ourselves, but when we are serving others. Bankers, liquor dealers and
laymen generally possess rather precise knowledge of the laws touching their particular
business or profession. A good example is the architect, who must be familiar with
zoning, building and fire prevention codes, factory and tenement house statutes, and
who draws plans and specification in harmony with the law. This is not practicing
law.chanroblesvirtualawlibrarychanrobles virtual law library

But suppose the architect, asked by his client to omit a fire tower, replies that it is
required by the statute. Or the industrial relations expert cites, in support of some
measure that he recommends, a decision of the National Labor Relations Board. Are
they practicing law? In my opinion, they are not, provided no separate fee is charged
for the legal advice or information, and the legal question is subordinate and incidental
to a major non-legal problem. chanroblesvirtualawlibrarychanrobles virtual law library

It is largely a matter of degree and of custom. chanroblesvirtualawlibrarychanrobles virtual law library

If it were usual for one intending to erect a building on his land to engage a lawyer to
advise him and the architect in respect to the building code and the like, then an
architect who performed this function would probably be considered to be trespassing
on territory reserved for licensed attorneys. Likewise, if the industrial relations field had
been pre-empted by lawyers, or custom placed a lawyer always at the elbow of the lay
personnel man. But this is not the case. The most important body of the industrial
relations experts are the officers and business agents of the labor unions and few of
them are lawyers. Among the larger corporate employers, it has been the practice for
some years to delegate special responsibility in employee matters to a management
group chosen for their practical knowledge and skill in such matter, and without regard
to legal thinking or lack of it. More recently, consultants like the defendants have the
same service that the larger employers get from their own specialized staff. chanroblesvirtualawlibrarychanrobles virtual law library

The handling of industrial relations is growing into a recognized profession for which
appropriate courses are offered by our leading universities. The court should be very
cautious about declaring [that] a widespread, well-established method of conducting
business is unlawful, or that the considerable class of men who customarily perform a
certain function have no right to do so, or that the technical education given by our
schools cannot be used by the graduates in their business.
In determining whether a man is practicing law, we should consider his work for any
particular client or customer, as a whole. I can imagine defendant being engaged
primarily to advise as to the law defining his client's obligations to his employees, to
guide his client's obligations to his employees, to guide his client along the path charted
by law. This, of course, would be the practice of the law. But such is not the fact in the
case before me. Defendant's primarily efforts are along economic and psychological
lines. The law only provides the frame within which he must work, just as the zoning
code limits the kind of building the limits the kind of building the architect may
plan. The incidental legal advice or information defendant may give, does not transform
his activities into the practice of law. Let me add that if, even as a minor feature of his
work, he performed services which are customarily reserved to members of the bar, he
would be practicing law. For instance, if as part of a welfare program, he drew
employees' wills. chanroblesvirtualawlibrarychanrobles virtual law library

Another branch of defendant's work is the representations of the employer in the

adjustment of grievances and in collective bargaining, with or without a mediator. This
is not per se the practice of law. Anyone may use an agent for negotiations and may
select an agent particularly skilled in the subject under discussion, and the person
appointed is free to accept the employment whether or not he is a member of the bar.
Here, however, there may be an exception where the business turns on a question of
law. Most real estate sales are negotiated by brokers who are not lawyers. But if the
value of the land depends on a disputed right-of-way and the principal role of the
negotiator is to assess the probable outcome of the dispute and persuade the opposite
party to the same opinion, then it may be that only a lawyer can accept the
assignment. Or if a controversy between an employer and his men grows from differing
interpretations of a contract, or of a statute, it is quite likely that defendant should not
handle it. But I need not reach a definite conclusion here, since the situation is not
presented by the proofs. chanroblesvirtualawlibrarychanrobles virtual law library

Defendant also appears to represent the employer before administrative agencies of the
federal government, especially before trial examiners of the National Labor Relations
Board. An agency of the federal government, acting by virtue of an authority granted
by the Congress, may regulate the representation of parties before such agency. The
State of New Jersey is without power to interfere with such determination or to forbid
representation before the agency by one whom the agency admits. The rules of the
National Labor Relations Board give to a party the right to appear in person, or by
counsel, or by other representative. Rules and Regulations, September 11th, 1946, S.
203.31. 'Counsel' here means a licensed attorney, and ther representative' one not a
lawyer. In this phase of his work, defendant may lawfully do whatever the Labor Board
allows, even arguing questions purely legal. (Auerbacher v. Wood, 53 A. 2d 800, cited
in Statsky, Introduction to Paralegalism [1974], at pp. 154-156.).

1.8 From the foregoing, it can be said that a person engaged in a lawful calling (which
may involve knowledge of the law) is not engaged in the practice of law provided that:
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(a) The legal question is subordinate and incidental to a major non-legal problem;. chanroblesvirtualawlibrarychanrobles virtual law library

(b) The services performed are not customarily reserved to members of the bar; . chanroblesvirtualawlibrarychanrobles virtual law library

(c) No separate fee is charged for the legal advice or information. chanroblesvirtualawlibrarychanrobles virtual law library

All these must be considered in relation to the work for any particular client as a
whole. chanroblesvirtualawlibrarychanrobles virtual law library

1.9. If the person involved is both lawyer and non-lawyer, the Code of Professional
Responsibility succintly states the rule of conduct: chanrobles virtual law library

Rule 15.08 - A lawyer who is engaged in another profession or occupation concurrently

with the practice of law shall make clear to his client whether he is acting as a lawyer or
in another capacity. chanroblesvirtualawlibrarychanrobles virtual law library

1.10. In the present case. the Legal Clinic appears to render wedding services (See
Annex "A" Petition). Services on routine, straightforward marriages, like securing a
marriage license, and making arrangements with a priest or a judge, may not
constitute practice of law. However, if the problem is as complicated as that described
in "Rx for Legal Problems" on the Sharon Cuneta-Gabby Concepcion-Richard Gomez
case, then what may be involved is actually the practice of law. If a non-lawyer, such
as the Legal Clinic, renders such services then it is engaged in the unauthorized
practice of law. chanroblesvirtualawlibrarychanrobles virtual law library

1.11. The Legal Clinic also appears to give information on divorce, absence, annulment
of marriage and visas (See Annexes "A" and "B" Petition). Purely giving informational
materials may not constitute of law. The business is similar to that of a bookstore
where the customer buys materials on the subject and determines on the subject and
determines by himself what courses of action to take. chanroblesvirtualawlibrarychanrobles virtual law library

It is not entirely improbable, however, that aside from purely giving information, the
Legal Clinic's paralegals may apply the law to the particular problem of the client, and
give legal advice. Such would constitute unauthorized practice of law.

It cannot be claimed that the publication of a legal text which publication of a legal text
which purports to say what the law is amount to legal practice. And the mere fact that
the principles or rules stated in the text may be accepted by a particular reader as a
solution to his problem does not affect this. . . . . Apparently it is urged that the
conjoining of these two, that is, the text and the forms, with advice as to how the forms
should be filled out, constitutes the unlawful practice of law. But that is the situation
with many approved and accepted texts. Dacey's book is sold to the public at
large. There is no personal contact or relationship with a particular individual. Nor does
there exist that relation of confidence and trust so necessary to the status of attorney
and client. THIS IS THE ESSENTIAL OF LEGAL PRACTICE - THE REPRESENTATION AND
ADVISING OF A PARTICULAR PERSON IN A PARTICULAR SITUATION. At most the book
assumes to offer general advice on common problems, and does not purport to give
personal advice on a specific problem peculiar to a designated or readily identified
person. Similarly the defendant's publication does not purport to give personal advice
on a specific problem peculiar to a designated or readily identified person in a particular
situation - in their publication and sale of the kits, such publication and sale did not
constitutes the unlawful practice of law . . . . There being no legal impediment under
the statute to the sale of the kit, there was no proper basis for the injunction against
defendant maintaining an office for the purpose of selling to persons seeking a divorce,
separation, annulment or separation agreement any printed material or writings
relating to matrimonial law or the prohibition in the memorandum of modification of the
judgment against defendant having an interest in any publishing house publishing his
manuscript on divorce and against his having any personal contact with any prospective
purchaser. The record does fully support, however, the finding that for the change of
$75 or $100 for the kit, the defendant gave legal advice in the course of personal
contacts concerning particular problems which might arise in the preparation and
presentation of the purchaser's asserted matrimonial cause of action or pursuit of other
legal remedies and assistance in the preparation of necessary documents (The
injunction therefore sought to) enjoin conduct constituting the practice of law,
particularly with reference to the giving of advice and counsel by the defendant relating
to specific problems of particular individuals in connection with a divorce, separation,
annulment of separation agreement sought and should be affirmed. (State v. Winder,
348, NYS 2D 270 [1973], cited in Statsky, supra at p. 101.).

1.12. Respondent, of course, states that its services are "strictly non-diagnostic, non-
advisory. "It is not controverted, however, that if the services "involve giving legal
advice or counselling," such would constitute practice of law (Comment, par. 6.2). It is
in this light that FIDA submits that a factual inquiry may be necessary for the judicious
disposition of this case.

xxx xxx xxx chanrobles virtual law library

2.10. Annex "A" may be ethically objectionable in that it can give the impression (or
perpetuate the wrong notion) that there is a secret marriage. With all the solemnities,
formalities and other requisites of marriages (See Articles 2, et seq., Family Code), no
Philippine marriage can be secret. chanroblesvirtualawlibrarychanrobles virtual law library

2.11. Annex "B" may likewise be ethically objectionable. The second paragraph thereof
(which is not necessarily related to the first paragraph) fails to state the limitation that
only "paralegal services?" or "legal support services", and not legal services, are
available." 11
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A prefatory discussion on the meaning of the phrase "practice of law" becomes exigent
for the proper determination of the issues raised by the petition at bar. On this score,
we note that the clause "practice of law" has long been the subject of judicial
construction and interpretation. The courts have laid down general principles and
doctrines explaining the meaning and scope of the term, some of which we now take
into account. chanroblesvirtualawlibrarychanrobles virtual law library

Practice of law means any activity, in or out of court, which requires the application of
law, legal procedures, knowledge, training and experience. To engage in the practice of
law is to perform those acts which are characteristic of the profession. Generally, to
practice law is to give advice or render any kind of service that involves legal
knowledge or skill. 12 chanrobles virtual law library

The practice of law is not limited to the conduct of cases in court. It includes legal
advice and counsel, and the preparation of legal instruments and contract by which
legal rights are secured, although such matter may or may not be pending in a
court. 13
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In the practice of his profession, a licensed attorney at law generally engages in three
principal types of professional activity: legal advice and instructions to clients to inform
them of their rights and obligations, preparation for clients of documents requiring
knowledge of legal principles not possessed by ordinary layman, and appearance for
clients before public tribunals which possess power and authority to determine rights of
life, liberty, and property according to law, in order to assist in proper interpretation
and enforcement of law. 14 chanrobles virtual law library

When a person participates in the a trial and advertises himself as a lawyer, he is in the
practice of law. 15One who confers with clients, advises them as to their legal rights and
then takes the business to an attorney and asks the latter to look after the case in
court, is also practicing law. 16Giving advice for compensation regarding the legal status
and rights of another and the conduct with respect thereto constitutes a practice of
law. 17One who renders an opinion as to the proper interpretation of a statute, and
receives pay for it, is, to that extent, practicing law. 18 chanrobles virtual law library

In the recent case of Cayetano vs. Monsod, 19after citing the doctrines in several cases,
we laid down the test to determine whether certain acts constitute "practice of law,"
thus:

Black defines "practice of law" as: chanrobles virtual law library

The rendition of services requiring the knowledge and the application of legal principles
and technique to serve the interest of another with his consent. It is not limited to
appearing in court, or advising and assisting in the conduct of litigation, but embraces
the preparation of pleadings, and other papers incident to actions and special
proceedings, conveyancing, the preparation of legal instruments of all kinds, and the
giving of all legal advice to clients. It embraces all advice to clients and all actions taken
for them in matters connected with the law.

The practice of law is not limited to the conduct of cases on court.(Land Title Abstract
and Trust Co. v. Dworken , 129 Ohio St. 23, 193N. E. 650). A person is also considered
to be in the practice of law when he:

. . . . for valuable consideration engages in the business of advising person, firms,

associations or corporations as to their right under the law, or appears in a
representative capacity as an advocate in proceedings, pending or prospective, before
any court, commissioner, referee, board, body, committee, or commission constituted
by law or authorized to settle controversies and there, in such representative capacity,
performs any act or acts for the purpose of obtaining or defending the rights of their
clients under the law. Otherwise stated, one who, in a representative capacity, engages
in the business of advising clients as to their rights under the law, or while so engaged
performs any act or acts either in court or outside of court for that purpose, is engaged
in the practice of law. (State ex. rel. Mckittrick v. C.S. Dudley and Co., 102 S. W. 2d
895, 340 Mo. 852).

This Court, in the case of Philippines Lawyers Association v. Agrava (105 Phil. 173,
176-177),stated:
The practice of law is not limited to the conduct of cases or litigation in court; it
embraces the preparation of pleadings and other papers incident to actions and special
proceedings, the management of such actions and proceedings on behalf of clients
before judges and courts, and in addition, 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
or 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. (5
Am. Jr. p. 262, 263). chanroblesvirtualawlibrarychanrobles virtual law library

Practice of law under modern conditions consists in no small part of work performed
outside of any court and having no immediate relation to proceedings in court. It
embraces conveyancing, the giving of legal advice on a large variety of subjects and the
preparation and execution of legal instruments covering an extensive field of business
and trust relations and other affairs. Although these transactions may have no direct
connection with court proceedings, they are always subject to become involved in
litigation. They 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 or counselor at law bear an
intimate relation to the administration of justice by the courts. No valid distinction, so
far as concerns the question set forth in the order, 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. It is of importance to the welfare of the
public that these manifold customary functions be performed by persons possessed of
adequate learning and skill, of sound moral character, and acting at all times under the
heavy trust obligations to clients which rests upon all attorneys. (Moran, Comments on
the Rules o Court, Vol. 3 [1973 ed.], pp. 665-666, citing In Re Opinion of the Justices
[Mass], 194 N. E. 313, quoted in Rhode Is. Bar Assoc. v. Automobile Service Assoc.
[R.I.] 197 A. 139, 144).

The practice of law, therefore, covers a wide range of activities in and out of court.
Applying the aforementioned criteria to the case at bar, we agree with the perceptive
findings and observations of the aforestated bar associations that the activities of
respondent, as advertised, constitute "practice of law." chanrobles virtual law library

The contention of respondent that it merely offers legal support services can neither be
seriously considered nor sustained. Said proposition is belied by respondent's own
description of the services it has been offering, to wit:

Legal support services basically consists of giving ready information by trained

paralegals to laymen and lawyers, which are strictly non-diagnostic, non-advisory,
through the extensive use of computers and modern information technology in the
gathering, processing, storage, transmission and reproduction of information and
communication, such as computerized legal research; encoding and reproduction of
documents and pleadings prepared by laymen or lawyers; document search; evidence
gathering; locating parties or witnesses to a case; fact finding investigations; and
assistance to laymen in need of basic institutional services from government or non-
government agencies, like birth, marriage, property, or business registrations;
educational or employment records or certifications, obtaining documentation like
clearances, passports, local or foreign visas; giving information about laws of other
countries that they may find useful, like foreign divorce, marriage or adoption laws that
they can avail of preparatory to emigration to the foreign country, and other matters
that do not involve representation of clients in court; designing and installing computer
systems, programs, or software for the efficient management of law offices, corporate
legal departments, courts and other entities engaged in dispensing or administering
legal services. 20 chanrobles virtual law library

While some of the services being offered by respondent corporation merely involve
mechanical and technical knowhow, such as the installation of computer systems and
programs for the efficient management of law offices, or the computerization of
research aids and materials, these will not suffice to justify an exception to the general
rule.
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What is palpably clear is that respondent corporation gives out legal information to
laymen and lawyers. Its contention that such function is non-advisory and non-
diagnostic is more apparent than real. In providing information, for example, about
foreign laws on marriage, divorce and adoption, it strains the credulity of this Court that
all the respondent corporation will simply do is look for the law, furnish a copy thereof
to the client, and stop there as if it were merely a bookstore. With its attorneys and so
called paralegals, it will necessarily have to explain to the client the intricacies of the
law and advise him or her on the proper course of action to be taken as may be
provided for by said law. That is what its advertisements represent and for the which
services it will consequently charge and be paid. That activity falls squarely within the
jurisprudential definition of "practice of law." Such a conclusion will not be altered by
the fact that respondent corporation does not represent clients in court since law
practice, as the weight of authority holds, is not limited merely giving legal advice,
contract drafting and so forth. chanroblesvirtualawlibrarychanrobles virtual law library

The aforesaid conclusion is further strengthened by an article published in the January

13, 1991 issue of the Starweek/The Sunday Magazine of the Philippines Star, entitled
"Rx for Legal Problems," where an insight into the structure, main purpose and
operations of respondent corporation was given by its own "proprietor," Atty. Rogelio P.
Nogales:

This is the kind of business that is transacted everyday at The Legal Clinic, with offices
on the seventh floor of the Victoria Building along U. N. Avenue in Manila. No matter
what the client's problem, and even if it is as complicated as the Cuneta-Concepcion
domestic situation, Atty. Nogales and his staff of lawyers, who, like doctors are
"specialists" in various fields can take care of it. The Legal Clinic, Inc. has specialists in
taxation and criminal law, medico-legal problems, labor, litigation, and family law.
These specialist are backed up by a battery of paralegals, counsellors and attorneys.
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Atty. Nogales set up The Legal Clinic in 1984. Inspired by the trend in the medical field
toward specialization, it caters to clients who cannot afford the services of the big law
firms. chanroblesvirtualawlibrarychanrobles virtual law library

The Legal Clinic has regular and walk-in clients. "when they come, we start by
analyzing the problem. That's what doctors do also. They ask you how you contracted
what's bothering you, they take your temperature, they observe you for the symptoms
and so on. That's how we operate, too. And once the problem has been categorized,
then it's referred to one of our specialists. chanroblesvirtualawlibrary chanrobles virtual law library

There are cases which do not, in medical terms, require surgery or follow-up treatment.
These The Legal Clinic disposes of in a matter of minutes. "Things like preparing a
simple deed of sale or an affidavit of loss can be taken care of by our staff or, if this
were a hospital the residents or the interns. We can take care of these matters on a
while you wait basis. Again, kung baga sa hospital, out-patient, hindi kailangang ma-
confine. It's just like a common cold or diarrhea," explains Atty. Nogales. chanroblesvirtualawlibrarychanrobles virtual law library

Those cases which requires more extensive "treatment" are dealt with accordingly. "If
you had a rich relative who died and named you her sole heir, and you stand to inherit
millions of pesos of property, we would refer you to a specialist in taxation. There would
be real estate taxes and arrears which would need to be put in order, and your relative
is even taxed by the state for the right to transfer her property, and only a specialist in
taxation would be properly trained to deal with the problem. Now, if there were other
heirs contesting your rich relatives will, then you would need a litigator, who knows how
to arrange the problem for presentation in court, and gather evidence to support the
case. 21 chanrobles virtual law library

That fact that the corporation employs paralegals to carry out its services is not
controlling. What is important is that it is engaged in the practice of law by virtue of the
nature of the services it renders which thereby brings it within the ambit of the
statutory prohibitions against the advertisements which it has caused to be published
and are now assailed in this proceeding. chanroblesvirtualawlibrarychanrobles virtual law library

Further, as correctly and appropriately pointed out by the U.P. WILOCI, said reported
facts sufficiently establish that the main purpose of respondent is to serve as a one-
stop-shop of sorts for various legal problems wherein a client may avail of legal services
from simple documentation to complex litigation and corporate undertakings. Most of
these services are undoubtedly beyond the domain of paralegals, but rather, are
exclusive functions of lawyers engaged in the practice of law. 22 chanrobles virtual law library

It should be noted that in our jurisdiction the services being offered by private
respondent which constitute practice of law cannot be performed by paralegals. Only a
person duly admitted as a member of the bar, or hereafter admitted as such in
accordance with the provisions of the Rules of Court, and who is in good and regular
standing, is entitled to practice law. 23 chanrobles virtual law library

Public policy requires that the practice of law be limited to those individuals found duly
qualified in education and character. The permissive right conferred on the lawyers is
an individual and limited privilege subject to withdrawal if he fails to maintain proper
standards of moral and professional conduct. The purpose is to protect the public, the
court, the client and the bar from the incompetence or dishonesty of those unlicensed
to practice law and not subject to the disciplinary control of the court. 24 chanrobles virtual law library

The same rule is observed in the american jurisdiction wherefrom respondent would
wish to draw support for his thesis. The doctrines there also stress that the practice of
law is limited to those who meet the requirements for, and have been admitted to, the
bar, and various statutes or rules specifically so provide. 25The practice of law is not a
lawful business except for members of the bar who have complied with all the
conditions required by statute and the rules of court. Only those persons are allowed to
practice law who, by reason of attainments previously acquired through education and
study, have been recognized by the courts as possessing profound knowledge of legal
science entitling them to advise, counsel with, protect, or defend the rights claims, or
liabilities of their clients, with respect to the construction, interpretation, operation and
effect of law. 26The justification for excluding from the practice of law those not
admitted to the bar is found, not in the protection of the bar from competition, but in
the protection of the public from being advised and represented in legal matters by
incompetent and unreliable persons over whom the judicial department can exercise
little control. 27
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We have to necessarily and definitely reject respondent's position that the concept in
the United States of paralegals as an occupation separate from the law profession be
adopted in this jurisdiction. Whatever may be its merits, respondent cannot but be
aware that this should first be a matter for judicial rules or legislative action, and not of
unilateral adoption as it has done. chanroblesvirtualawlibrarychanrobles virtual law library

Paralegals in the United States are trained professionals. As admitted by respondent,

there are schools and universities there which offer studies and degrees in paralegal
education, while there are none in the Philippines. 28As the concept of the "paralegals"
or "legal assistant" evolved in the United States, standards and guidelines also evolved
to protect the general public. One of the major standards or guidelines was developed
by the American Bar Association which set up Guidelines for the Approval of Legal
Assistant Education Programs (1973). Legislation has even been proposed to certify
legal assistants. There are also associations of paralegals in the United States with their
own code of professional ethics, such as the National Association of Legal Assistants,
Inc. and the American Paralegal Association. 29 chanrobles virtual law library

In the Philippines, we still have a restricted concept and limited acceptance of what may
be considered as paralegal service. As pointed out by FIDA, some persons not duly
licensed to practice law are or have been allowed limited representation in behalf of
another or to render legal services, but such allowable services are limited in scope and
extent by the law, rules or regulations granting permission therefor. 30 chanrobles virtual law library

Accordingly, we have adopted the American judicial policy that, in the absence of
constitutional or statutory authority, a person who has not been admitted as an
attorney cannot practice law for the proper administration of justice cannot be hindered
by the unwarranted intrusion of an unauthorized and unskilled person into the practice
of law. 31That policy should continue to be one of encouraging persons who are unsure
of their legal rights and remedies to seek legal assistance only from persons licensed to
practice law in the state. 32 chanrobles virtual law library

Anent the issue on the validity of the questioned advertisements, the Code of
Professional Responsibility provides that a lawyer in making known his legal services
shall use only true, honest, fair, dignified and objective information or statement of
facts. 33He is not supposed to use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding
his qualifications or legal services. 34Nor shall he pay or give something of value to
representatives of the mass media in anticipation of, or in return for, publicity to attract
legal business. 35Prior to the adoption of the code of Professional Responsibility, the
Canons of Professional Ethics had also warned that lawyers should not resort to indirect
advertisements for professional employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection with causes in
which the lawyer has been or is engaged or concerning the manner of their conduct,
the magnitude of the interest involved, the importance of the lawyer's position, and all
other like self-laudation. 36
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The standards of the legal profession condemn the lawyer's advertisement of his
talents. A lawyer cannot, without violating the ethics of his profession. advertise his
talents or skill as in a manner similar to a merchant advertising his goods. 37The
prescription against advertising of legal services or solicitation of legal business rests on
the fundamental postulate that the that the practice of law is a profession. Thus, in the
case of The Director of Religious Affairs. vs. Estanislao R. Bayot 38 an advertisement,
similar to those of respondent which are involved in the present proceeding, 39was held
to constitute improper advertising or solicitation. chanroblesvirtualawlibrarychanrobles virtual law library

The pertinent part of the decision therein reads:

It is undeniable that the advertisement in question was a flagrant violation by the

respondent of the ethics of his profession, it being a brazen solicitation of business from
the public. Section 25 of Rule 127 expressly provides among other things that "the
practice of soliciting cases at law for the purpose of gain, either personally or thru paid
agents or brokers, constitutes malpractice." It is highly unethical for an attorney to
advertise his talents or skill as a merchant advertises his wares. Law is a profession and
not a trade. The lawyer degrades himself and his profession who stoops to and adopts
the practices of mercantilism by advertising his services or offering them to the public.
As a member of the bar, he defiles the temple of justice with mercenary activities as
the money-changers of old defiled the temple of Jehovah. "The most worthy and
effective advertisement possible, even for a young lawyer, . . . . is the establishment of
a well-merited reputation for professional capacity and fidelity to trust. This cannot be
forced but must be the outcome of character and conduct." (Canon 27, Code of
Ethics.).

We repeat, the canon of the profession tell us that the best advertising possible for a
lawyer is a well-merited reputation for professional capacity and fidelity to trust, which
must be earned as the outcome of character and conduct. Good and efficient service to
a client as well as to the community has a way of publicizing itself and catching public
attention. That publicity is a normal by-product of effective service which is right and
proper. A good and reputable lawyer needs no artificial stimulus to generate it and to
magnify his success. He easily sees the difference between a normal by-product of able
service and the unwholesome result of propaganda. 40 chanrobles virtual law library

Of course, not all types of advertising or solicitation are prohibited. The canons of the
profession enumerate exceptions to the rule against advertising or solicitation and
define the extent to which they may be undertaken. The exceptions are of two broad
categories, namely, those which are expressly allowed and those which are necessarily
implied from the restrictions. 41 chanrobles virtual law library

The first of such exceptions is the publication in reputable law lists, in a manner
consistent with the standards of conduct imposed by the canons, of brief biographical
and informative data. "Such data must not be misleading and may include only a
statement of the lawyer's name and the names of his professional associates;
addresses, telephone numbers, cable addresses; branches of law practiced; date and
place of birth and admission to the bar; schools attended with dates of graduation,
degrees and other educational distinction; public or quasi-public offices; posts of honor;
legal authorships; legal teaching positions; membership and offices in bar associations
and committees thereof, in legal and scientific societies and legal fraternities; the fact
of listings in other reputable law lists; the names and addresses of references; and,
with their written consent, the names of clients regularly represented." 42 chanrobles virtual law library

The law list must be a reputable law list published primarily for that purpose; it cannot
be a mere supplemental feature of a paper, magazine, trade journal or periodical which
is published principally for other purposes. For that reason, a lawyer may not properly
publish his brief biographical and informative data in a daily paper, magazine, trade
journal or society program. Nor may a lawyer permit his name to be published in a law
list the conduct, management or contents of which are calculated or likely to deceive or
injure the public or the bar, or to lower the dignity or standing of the profession. 43 chanrobles virtual law library

The use of an ordinary simple professional card is also permitted. The card may contain
only a statement of his name, the name of the law firm which he is connected with,
address, telephone number and special branch of law practiced. The publication of a
simple announcement of the opening of a law firm or of changes in the partnership,
associates, firm name or office address, being for the convenience of the profession, is
not objectionable. He may likewise have his name listed in a telephone directory but
not under a designation of special branch of law. 44 chanrobles virtual law library

Verily, taking into consideration the nature and contents of the advertisements for
which respondent is being taken to task, which even includes a quotation of the fees
charged by said respondent corporation for services rendered, we find and so hold that
the same definitely do not and conclusively cannot fall under any of the above-
mentioned exceptions. chanroblesvirtualawlibrarychanrobles virtual law library

The ruling in the case of Bates, et al. vs. State Bar of Arizona, 45 which is repeatedly
invoked and constitutes the justification relied upon by respondent, is obviously not
applicable to the case at bar. Foremost is the fact that the disciplinary rule involved in
said case explicitly allows a lawyer, as an exception to the prohibition against
advertisements by lawyers, to publish a statement of legal fees for an initial
consultation or the availability upon request of a written schedule of fees or an estimate
of the fee to be charged for the specific services. No such exception is provided for,
expressly or impliedly, whether in our former Canons of Professional Ethics or the
present Code of Professional Responsibility. Besides, even the disciplinary rule in
the Bates case contains a proviso that the exceptions stated therein are "not applicable
in any state unless and until it is implemented by such authority in that state." 46This
goes to show that an exception to the general rule, such as that being invoked by
herein respondent, can be made only if and when the canons expressly provide for such
an exception. Otherwise, the prohibition stands, as in the case at bar. chanroblesvirtualawlibrarychanrobles virtual law library

It bears mention that in a survey conducted by the American Bar Association after the
decision in Bates, on the attitude of the public about lawyers after viewing television
commercials, it was found that public opinion dropped significantly 47 with respect to
these characteristics of lawyers:

Trustworthy from 71% to 14%

Professional from 71% to 14%
Honest from 65% to 14%
Dignified from 45% to 14%

Secondly, it is our firm belief that with the present situation of our legal and judicial
systems, to allow the publication of advertisements of the kind used by respondent
would only serve to aggravate what is already a deteriorating public opinion of the legal
profession whose integrity has consistently been under attack lately by media and the
community in general. At this point in time, it is of utmost importance in the face of
such negative, even if unfair, criticisms at times, to adopt and maintain that level of
professional conduct which is beyond reproach, and to exert all efforts to regain the
high esteem formerly accorded to the legal profession. chanroblesvirtualawlibrarychanrobles virtual law library

In sum, it is undoubtedly a misbehavior on the part of the lawyer, subject to

disciplinary action, to advertise his services except in allowable instances 48or to aid a
layman in the unauthorized practice of law. 49Considering that Atty. Rogelio P. Nogales,
who is the prime incorporator, major stockholder and proprietor of The Legal Clinic, Inc.
is a member of the Philippine Bar, he is hereby reprimanded, with a warning that a
repetition of the same or similar acts which are involved in this proceeding will be dealt
with more severely. chanroblesvirtualawlibrarychanrobles virtual law library

While we deem it necessary that the question as to the legality or illegality of the
purpose/s for which the Legal Clinic, Inc. was created should be passed upon and
determined, we are constrained to refrain from lapsing into an obiter on that aspect
since it is clearly not within the adjudicative parameters of the present proceeding
which is merely administrative in nature. It is, of course, imperative that this matter be
promptly determined, albeit in a different proceeding and forum, since, under the
present state of our law and jurisprudence, a corporation cannot be organized for or
engage in the practice of law in this country. This interdiction, just like the rule against
unethical advertising, cannot be subverted by employing some so-called paralegals
supposedly rendering the alleged support services. chanroblesvirtualawlibrarychanrobles virtual law library

The remedy for the apparent breach of this prohibition by respondent is the concern
and province of the Solicitor General who can institute the corresponding quo
warranto action, 50 after due ascertainment of the factual background and basis for the
grant of respondent's corporate charter, in light of the putative misuse thereof. That
spin-off from the instant bar matter is referred to the Solicitor General for such action
as may be necessary under the circumstances. chanroblesvirtualawlibrarychanrobles virtual law library

ACCORDINGLY, the Court Resolved to RESTRAIN and ENJOIN herein respondent, The Legal Clinic, Inc., from issuing or causing the publication or dissemination of any advertisement in
any form which is of the same or similar tenor and purpose as Annexes "A" and "B" of this petition, and from conducting, directly or indirectly, any activity, operation or transaction
proscribed by law or the Code of Professional Ethics as indicated herein. Let copies of this resolution be furnished the Integrated Bar of the Philippines, the Office of the Bar Confidant
and the Office of the Solicitor General for appropriate action in accordance herewith.