ADMISSION TO THE

z PRACTICE OF LAW
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WHO MAY PRACTICE LAW?

RULE 138 SEC 1. WHO MAY PRACTICE LAW

“ANY PERSON HERETOFORE DULY ADMITTED
AS A MEMBER OF THE BAR, OR HEREAFTER
ADMITTED AS SUCH IN ACCORDANCE WITH
THE PROVISION OF THIS RULE, AND WHO IS
IN GOOD AND REGULAR STANDING, IS
ENTITLED TO PRACTICE LAW”
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Concept of the Practice of Law

Generally, to engage in the practice is to do any of

those acts which are characteristic of the legal
profession (In re: David, 93 Phil. 46).

It covers any activity, in or out of court, which requires

the application of law, legal principles, practice or
procedure and calls for legal knowledge, training
and experience (PLA vs. Agrava, 105 Phil. 173).
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Cayetano vs. Monsod, 201 SCRA 210

“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 advise to client. It embraces
all advice to clients and all actions taken for them in matters connected with the
law. An attorney engaging in the practice of law by maintaining an office where
he is held out to be an attorney, counselling clients in legal matters, negotiating
with opposing counsels about pending litigation, and fixing and collecting fees
for services rendered bu his associates. ”
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People vs. Villanueva, 14 SCRA 111

***Strictly speaking, the word practice of law implies the

customary or habitual holding of oneself to the public as a
lawyer and demanding compensation for his services.

a. Opinions

b. Appearances

c. Preparation of Pleadings and contracts

Ulep vs.
z Legal Clinic Inc. 223 SCRA 378 (1993)

In the practice of his profession, a licensed attorney-at-law

generally engages in three principal types of professional
activities:
1. legal advice and instructions to clients to inform them of
their rights and obligations
2. preparation for clients of documents requiring knowledge of
legal principles not possessed by ordinary layman; and
3. 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 the proper
interpretation and enforcement of law.
 z

Essential criteria enumerated by the CA. as determinative of

engaging in the practice of law:

1)Habituality

2)Compensation

3)Application of law, legal principle, practice, or procedure

4)Attorney-Client relationship
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QUALIFICATION:

Lost Of Citizenship, reacquisition of Filipino

citizenship pursuant to RA 9225
(Benjamin M. Dacanay, B.M. No. 1678, December
17, 2007)
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FACTS:
 Mr. Benjamin Dacanay wanted to resume his practice of law.

 He was admitted to the Bar in 1960.

 However, due to his illness, he went to Canada in 1998 and

applied for Canadian citizenship to avail the benefits there.

 His application was approved in 2004.

 Pursuant to the RA 9225, petitioner reacquired his citizenship.

 He took an oath of allegiance as a Filipino citizen before the

Philippine Consulate General in Canada.
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FACTS:
 He returned to the Philippines and intended resume practice
law.

 The Office of the Bar Confidant opined that Dacanay should be

admitted to the law practice again because by the virtue of his
reacquisition of his citizenship,

 Dacanay has again met all the qualifications and has none of
the disqualifications.

 As long has he will take the lawyer’s oath again, he will be able
to practice law.
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ISSUE:

Whether petitioner Dacanay lost his

membership in the Philippine Bar?
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RULING:
 The Supreme Court approved the recommendation of the
Office of the Bar Confidant with certain modifications.

 Admission to the bar requires certain qualifications.

 The Rules of Court requires that the applicant must be a

citizen of the Philippines, at least 21 years old, of good moral
character and a resident of the Philippines.

 He must also produce evidence that no charges against him,

involving moral turpitude have been filed or are pending in any
court.
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RULING:

 Moreover, there are also various phases that the applicant

must undergo such as furnishing satisfactory proof of
education, moral and other qualifications; passing the bar;
taking the lawyer’s oath and signing the roll of attorneys and
receiving from the clerk of court a certificate of the license to
practice.
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RULING:

 The second requisite for the practice of law is membership in

good standing.

 This means that a member of the bar must have continued

membership and must have continuously paid the annual
membership of IBP dues; he must have also paid the annual
professional tax; compliance with the mandatory continuing
legal education requirement; faithful observance of the rules
and ethics of the legal profession.
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RULING:

 A lawyer who lost his Filipino citizenship cannot practice law

anymore.

 However, pursuant to RA 9225, if Filipino citizenship is lost by

reason of naturalization as a citizen of another country but
subsequently reacquired it, said former member of the bar can
still practice law.
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RULING:

 According to the said law, “all Philippine citizens who

become citizens of another country shall be deemed not to
have lost their Philippine citizenship under the conditions
of RA 9225.” It is as if he never lost his citizenship.

 However, this is subject to certain condition according to the

Supreme Court. These are:
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RULING:
1)

1) The updating and the payment in full of the annual

membership dues in the IBP;

2) Payment of professional tax;

3) Completion of at least 36 credit hours of MCLE to refresh the

applicant or petitioner’s knowledge of Philippine laws and
jurisprudence; and

4) Retaking of the lawyer’s oath.

Those four requirements must be complied with first before

Dacanay can practice law again.