1. Who are entitled to practice law?

QUALIFICATIONS
Rules of Court, Rule 138, Sec. 1. Any person duly admitted as a member of the bar or hereafter admitted
as such in accordance with the provisions of this rule and who is in good and regular standing is entitled to
practice law.

General Rule: Members of the Bar

Exceptions:
(1) Law students
(2) By an agent/friend
(3) By the litigant himself
REQUIREMENTS FOR ADMISSION TO PRACTICE [CRAGEBO]
(1) Citizenship
(2) Residence
(3) Age (above 21 y/o)
(4) Good Moral Character and no charges involving moral turpitude
(5) Legal Education (pre-law, law proper)
(6) Bar Examinations
(7) Lawyers Oath

2. Recite the lawyers oath?

I, _____, do solemnly swear that I will maintain allegiance to the Republic of the Philippines.
I will support its Constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein;
I will do no falsehood nor consent to the doing of any in court;
I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent
to the same;
I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my
knowledge and discretion with all good fidelity as well to the court as to my clients; and
I impose upon myself this voluntary obligation, without any mental reservation or purpose of evasion.
So help me God.

3. What is the significance of the lawyers oath?

The significance of the oath is that it not only
impresses upon the attorney his responsibilities
but it also stamps him as an officer of the court
with rights, powers and duties as important as
those of the judges themselves. It is a source of
his obligations and its violation is a ground for his
suspension, disbarment or other disciplinary
action." (Agpalo, Legal Ethics, 1992 ed., p. 59).

4. May the legislature enact a law to regulate admission to the bar?

No. It is noteworthy that unlike the 1935 and

1973 Constitution, the 1987 Constitution no
longer provides for the power of the legislature to
repeal, alter and supplement the Rules
promulgated by the Supreme Court.
However, the legislature, in the exercise of police
power may enact laws regulating the practice of
law to protect the public and promote public
welfare.
Note: The legislature may not pass a law that will
control the SC in the performance of its functions to
decide who may enjoy the privilege of practicing law
and any law of that kind is unconstitutional being an
invalid exercise of legislative power. (In Re:
Cunanan, Resolution, Mar. 18, 1954)

5. What do you understand by the practice of law?

CONCEPT
The practice of law is any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. It is to give notice or render any kind of service,

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 which device or service requires the use in any degree of legal knowledge or skill. [Cayetano v.
Monsod, (1991)]

FOUR FACTORS IN DETERMINING PRACTICE OF LAW [HACA]

(1) Habituality customarily or frequently holding ones self out to the public as a lawyer
(2) Application of law, legal principles, practice, or procedure calls for legal knowledge, training and
experience
(3) Compensation his professional services are available to the public for compensation, as a source of his
livelihood or in consideration of his said services
(4) Attorney-client relationship For Padilla, teaching law or writing law books is not practice of law
[Padillas dissent in Cayetano vs. Monsod

6. May a lawyer who has been disbarred appear as counsel for himself in a civil case where
he is the defendant?
The prohibition to practice law referred to all other cases, except in cases where the disbarred would appear in court to defend
himself, not as a lawyer, but as a defendant.

A disbarred lawyer has no more authority to

appear in Court as a lawyer. A lawyer who was
previously disbarred but continued to represent
himself as a lawyer was found guilty of indirect
contempt and fine with imprisonment in case of
failure to pay within five (5) days. (Lemoine v. Atty.
Balon, Jr., A.C. No. 5829, October 28,2003)

7. Who has the burden proving that an applicant is qualified to practice law?
The applicant himself has the burden proving that he is qualified
Section 5 of Rule 138, RRC, now provides that before being admitted to the examination, all applicants for admission to the bar shall
satisfactorily show that they have successfully completed all the prescribed courses for the degree of Bachelor of Laws or its equivalent
degree in a law school or university officially recognized by the Philippine Government or by the proper authority in the foreign jurisdiction
where the degree has been granted.
Section 5 now also provides that a Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only
upon submission to the Supreme Court of certifications showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its
equivalent degree; (b) recognition or accreditation of the law school by the proper authority; and (c) completion of all fourth year subjects in
the Bachelor of Laws academic program in a law school duly recognized by the Philippine Government.
A Filipino citizen who completed and obtained his or her degree in Bachelor of Laws or its equivalent in a foreign law school must also
present proof of completion of a separate bachelors degree.
The Supreme Court has directed the Clerk of Court, through the Office of the Bar Confidant, to circularize its resolution approving the said
amendments among all law schools in the country. (Bar Matter No. 1153, Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar
Examinations through Amendments to Rule 138 of the Rules of Court, Mar. 9, 2010)

8. What is the significance of the IBP dues and occupation tax?

Membership in the National IBP is integrated or compulsory (Santos-Ong, 2009; Pineda, 1999)

Rule 139-A Revised Rules of Court requires that every member of the
Integrated Bar shall pay annual dues and default
thereof for six months shall warrant suspension
of membership and if nonpayment covers a
period of 1-year, default shall be a ground for
removal of the delinquents name from the Roll of
Attorneys. It does not matter whether or not
Atty. Llamas is only engaged in limited practice
of law. Moreover, the exemption invoked by Atty.
Llamas does not include exemption from
payment of membership or association dues.
(Santos Jr. v. Atty. Llamas, A.C. No. 4749, Jan. 20, 2000)
Note: The exemption granted by R.A. 7432 to senior
citizens from paying individual income tax does not
exempt lawyers who are likewise senior citizens
from paying IBP dues and privilege tax. (Ibid) As
regards dues, they are not entitled to 20% discount.
(Pineda, 1999)

9. May a lawyer employ people to act as tipsters who will provide information about
potentially lucrative cases?
No. It tantamount to malpractice which is the practice of soliciting cases of law for the purpose of gain
either personally or through paid agents or brokers. Malpractice ordinarily refers to any malfeasance or

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 dereliction of duty committed by a lawyer. The meaning of malpractice is in consonance with the
notion that the practice of law is a profession not a business. The lawyer may not seek or obtain
employment by himself or through others, to do so would be unprofessional. (Tan Tek Beng v. David,
A. C. No. 1261, Dec. 29, 1983).

10. Is the practice of law a right or a privilege?

PRIVILEGE
The practice of law is a privilege bestowed only to those who are morally fit. A bar candidate who is
morally unfit cannot practice law even if he passes the bar examinations. [Aguirre vs Rana, (2003)]

The practice of law is not a natural property or

constitutional right but a mere privilege. It is not a
right granted to anyone who demands it but a
privilege to be extended or withheld in the
exercise of sound judicial discretion. It is in the
nature of a franchise conferred only for merit
which must be earned by hard study, learning and
good conduct. It is a privilege accorded only to
those who measure up to certain rigid standards
of mental and moral fitness. Those standards are
neither dispensed with nor lowered after
admission. The attorneys continued enjoyment
of the privilege conferred depends upon his
complying with the ethics and rules of the
profession.

The privileges of a lawyer

1. To Practice law during good behavior
before any judicial, quasi-judicial, or
administrative agency;
2. First one to Sit in judgment on every case,
to set the judicial machinery in motion;
3. Enjoys the Presumption of regularity in
the discharge of his duty;
4. He is Immune, in the performance of his
obligations to his client, from liability to
third persons, insofar as he does not
materially depart from his character as a
quasi-judicial officer;
5. His Statements, if relevant, pertinent or
material to the subject of judicial inquiry
are absolutely privileged regardless of
their defamatory tenor and of the
presence of malice;
6. 1st grade civil service eligibility for any
position in the classified service in the
government the duties of which require
knowledge of law; and
7. 2nd grade civil service eligibility for any
other governmental position, which does
not prescribe proficiency in law as a
qualification.

11. May a corporation practice law? What about partnership?

No. It is well-settled rule that a corporation

cannot engage in the practice of law. It may,
however, hire an attorney to attend to and
conduct its own legal business or affairs. But it
cannot practice law directly or indirectly by
employing a lawyer to practice for it or to appear
for others for its benefit because of the following
reasons:
1. Nature of the privilege and on the
confidential and trust relation between
attorney and client.
2. A corporation cannot perform the
conditions required for membership in the

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Bar, such as the possession of good moral
character and other special
disqualifications, the taking of an oath and
becoming an officer of the court, subject
to its discipline, suspension or removal.
3. The relation of trust and confidence
cannot arise where the attorney is
employed by a corporation to practice for
it, his employer and him owing, at best, a
secondary and divided loyalty to the
clientele of his corporate employer.
4. The intervention of the corporation is
destructive of that confidential and trust
relation and is obnoxious to the law.

Yes. A partnership may practice law. A partnership for the practice of law is not a partnership formed for the purpose of
carrying on trade or business or of holding property.

Primary characteristics which distinguish the legal profession from business are:

1. A duty of public service, of which the emolument is a byproduct, and in which one may attain the highest eminence
without making much money.

2. A relation as an "officer of court" to the administration of justice involving thorough sincerity, integrity, and reliability.

3. A relation to clients in the highest degree fiduciary.

4. A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business
methods of advertising and encroachment on their practice, or dealing directly with their clients.

The right to practice law is not a natural or constitutional right but is in the nature of a privilege or franchise. It is limited to
persons of good moral character with special qualifications duly ascertained and certified. The right does not only
presuppose in its possessor integrity, legal standing and attainment, but also the exercise of a special privilege, highly
personal and partaking of the nature of a public trust."

12. Who are the public officials who are absolutely prohibited from the private practice of
law?

PUBLIC OFFICIALS AND PRACTICE OF LAW

PROHIBITION OR DISQUALIFICATION
OF FORMER GOVERNMENT ATTORNEYS Section 7
of R.A. No. 6713 generally provides for the
prohibited acts and transactions of public
officials and employees. Subsection (b)(2)
prohibits them from engaging in the private
practice of their profession during their
incumbency. As an exception, a public official
or employee can engage in the practice of
his or her profession under the following
conditions: first, the private practice is
authorized by the Constitution or by the law;
and second, the practice will not conflict or
tend to conflict with his or her official
functions.

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW

OR WITH RESTRICTIONS
Absolute Prohibition
(1) Judges and other officials as SC
employees [Rule 148, Sec. 35]
(2) OSG officials and employees
(3) Govt. prosecutors [People v. Villanueva]
(4) Pres., VP, cabinet members, their
deputies and assistants, [Const., Art. VIII
Sec. 15]
(5) Constitutional Commissions Chairmen
and Members [Const. Art. IX-A, Sec. 2]
(6) Ombudsman and his deputies [Const.,

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Art. IX, Sec. 8, par. 2]
(7) All governors, city and municipal mayors
[R.A. No. 7160, Sec. 90]
(8) Those who, by special law, are prohibited
from engaging in the practice of their legal
profession
Relative Prohibition
(1) Senators and House of Representatives
members (prohibition to appear) [Const. Art
VI, Sec. 14]
(2) Sanggunian Members [RA No. 7160, Sec.
91]
Special Restrictions
Retired judges [RA 910, Sec. 1, as amended]
A retired justice or judge receiving a pension
from the Government cannot act as counsel
in any civil case in which the Government or
any of its subdivision or agencies is the
adverse party or in a criminal case wherein
an officer or employee of the Govt. is
accused of an offense in relation to his office.
[R.A. No. 910]

13. What are the duties and obligations of the lawyer to the court, his clients, fellow
lawyers, the public? Which comes first, the duty of the lawyer to his client or to the
court?

The four fold duties of a lawyer

1. Public/Society He must not undertake any action which violates his responsibility to the society as a
whole, he must be an example in the community for his uprightness as a member of the society.
The lawyer must be ready to render legal aid, foster legal reforms, be guardian of due process, and aware
of his special role in the solution of special problems and be always ready to lend assistance in the study
and solution of social problems. (Canon 1-6, CPR)
2. Bar/Legal Profession Observe candor, fairness, courtesy and truthfulness in his conduct towards other
lawyers, avoid encroachment in the business of other lawyers and uphold the honor of the
profession. (Canon 7-9, CPR)
3. Courts A lawyer must maintain towards the court a respectful attitude, defend against unjust
criticisms, uphold the courts authority and dignity, obey court orders and processes, assists in the
administration of justice. (Canon 10-13, CPR)
4. Clients The lawyer owes entire devotion to the interest of his client, warm and zeal in the maintenance
of the defense of his rights and exertion of utmost learning ability to the end that nothing be taken or
withheld from his client except in accordance with law. He owes a duty of
competent and zealous representation to the client, and should preserve his clients secrets, preserve his
funds and property and avoid conflicts of interest. (Canon 14-22, CPR)

The first and most important duty of the

lawyer is his duty to the court. The reason is that
the attorney is an officer of the court. He is an
officer of the court in the sense that his main
mission is to assist the court in the administering
of justice. His public duties take precedence over
his private duties.

14. What is a champertous contract?

It is one where the lawyer stipulates with his
client in the prosecution of the case that he will
bear all the expenses for the recovery of things or
property being claimed by the client, and the
latter agrees to pay the former a portion of the
thing or property recovered as compensation. It is
void for being against public policy. (Like
gambling)
Note: A champertous contract which is considered
void due to public policy, because it would make him
acquire a stake in the outcome of the litigation

5
which might lead him to place his own interest
above that of the client (Bautista v. Gonzales, A.M.
No. 1625, Feb. 12, 1990).

15. What is a contingent fee contract?

Contingent fee contracts are subject to the
supervision and close scrutiny of the court in order
that clients may be protected from unjust charges.
The amount of contingent fees agreed upon by the
parties is subject to the stipulation that counsel will
be paid for his legal services only if the suit or
litigation prospers. A much higher compensation is
allowed as contingent fees because of the risk that
the lawyer may get nothing if the suit fails.
(Evangelina Masmud v. NLRC, et. al., G.R. No. 183385, Feb. 13, 2009)

16. What fee arrangements may a lawyer agree with a client? Explain each.

1. Fixed or absolute fee that which is payable regardless of the result of the case.
a. A fixed fee payable per appearance
b. A fixed fee computed upon the number of hours spent
c. A fixed fee based on piece work
d. Combination of any of the above

2. Contingent fee _a fee that is conditioned on the securing of a favorable judgment and recovery of money or property and the
amount of which may be on a percentage basis.

17. In the absence of any arrangement, what fee arrangement would govern?

In the absence of a fee arrangement, the lawyer is paid on a quantum meruit basis. The factors to be taken into consideration in
determining the amount are: TINS
1. Time spent and the services rendered or required A lawyer is justified in fixing higher fees when the case is so complicated and
requires more time and effort in fixing it.
2. Importance of subject matter The more important the subject matter or the bigger the value of the interest of the property in
litigation, the higher is the attorneys fees.
3. Novelty and difficulty of questions involved When the questions in a case are novel and difficult, greater effort, deeper study and
research are bound to burn the lawyers time and stamina considering that there are no local precedents to rely upon.
4. Skill demanded of a lawyer The totality of the lawyers experience provides him skill and competence admired in lawyers.

18. May a lawyer share his fees with a non-lawyer? Are there exceptions? Explain.
Rule 9.02, Canon 9, CPR A lawyer shall not
divide or stipulate to divide a fee for legal
services with persons not licensed to practice
law.

The interest promoted by the prohibition is

that the independence of the professional judgment
of a lawyer, which the client is paying for, could be at
risk if a non-lawyer has direct rights to share in the
legal fees resulting from the exercise of such
professional judgment.

Exceptions:
1. Where there is a pre-existing agreement
with a partner or associate that, upon the
latters death, money shall be paid over a
reasonable period of time to his estate to
persons specified in the agreement;(Rule
9.02,second par., Canon 9,CPR) or
Note: This exception is in the nature of a
bequest. It is still in substance, payment to
the deceased lawyer. His estate and/or
assignee could not claim entitlement to the
money in their own right but only by

6
representation.
2. Where a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer; (Rule 9.02 ,third par., Canon 9,CPR)
Note: The first and second exceptions
represent compensation for legal services of
the deceased lawyers.
The estate or the heir cannot be made a
member of the partnership with the
surviving partners. The legal fees in this case,
no longer represent compensation for past
services.
3. Where a lawyer or law firm includes a
non-lawyer employees in a retirement
plan, even if the plan is based in whole or
in part, on a profit sharing
agreement.(Rule 9.02, fourth par., Canon 9,CPR)
Note: This is not a division of legal fees but a
pension representing deferred wages for the
employees past services.
This exception is an implicit recognition of
the incontestable fact that lawyers need to,
and in fact, depend on non-lawyers for the
administrative support functions necessary
to allow lawyers to discharge their legal
functions more efficiently.
Rationale: If attorneys fees were allowed to non-
lawyers, it would leave the public in hopeless
confusion as to whom to consult in case of necessity
and also to leave the bar in a chaotic condition, aside
from the fact that non-lawyers are not amenable to
disciplinary measures.

19. Explain the concept of a retaining lien and charging lien.

A retaining lien is the right of an attorney to retain the funds, documents and papers of his client which have lawfully come into
his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to
the satisfaction thereof.

The requisites in order for an attorney to be able to exercise his retaining lien:
1. Attorney-client relationship;
2. Lawful possession by the lawyer of the clients funds, documents and papers in his professional capacity; and
3. Unsatisfied claim for attorneys fees or disbursements.

A charging lien is the right of a lawyer to the same extent upon all judgments for the payment of money, and executions issued
in pursuance of such judgments which he has secured in a litigation of his client, from and after the time when he shall have
caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing
such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall
have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the
payment of his fees and disbursements. (Sec. 37, Rule 138, Revised Rules of Court)

The requisites in order for an attorney to be able to exercise his charging lien:
1. Existence of attorney-client relationship;
2. The attorney has rendered services;
3. Favorable money judgment secured by the counsel for his client;
4. The attorney has a claim for attorneys fees or advances; and
5. A statement of the claim has been duly recorded in the case with notice thereof served upon the client and the adverse party.
Note: A charging lien, to be enforceable as a security for the payment of attorneys fees, requires as a condition sine qua non a judgment for
money and execution in pursuance of such judgment secured in the main action by the attorney in favor of his client.

20. What is barratry? Is it permitted in this jurisdiction?

Barratry is an offense of frequently exciting

and stirring up quarrels and suits, either at law or
otherwise; lawyers act of fomenting suits among
individuals and offering his legal services to one

7
of them.
Note: Barratry is not a crime under the
Philippine laws. However, it is proscribed by the
rules of legal ethics.

21. What is meant by sub judice?

Sec. 3, Canon 1, NCJC: Judges shall refrain
from influencing in any manner the outcome
of litigation or dispute pending before
another court or administrative agency.
(Principle of Sub-judice)

A judge is prohibited from making public

statements in the media regarding a pending case so
as not to arouse public opinion for or against a party.

This section affirms that a judges restraint from

exerting influence over other judicial or quasi-
judicial bodies is required for more than just
propriety.

22. What is direct contempt? Indirect contempt? How are they instituted and on what
grounds may a person be held in direct and indirect contempt?

Direct Consists of misbehavior in the

presence of or so near a court or judge as
to interrupt or obstruct the proceedings
before the court or the administration of
justice; punished summarily.

Indirect One committed away from the

court involving disobedience of or
resistance to a lawful writ, process, order,
judgment or command of the court, or
tending to belittle, degrade, obstruct,
interrupt or embarrass the court; not
summary in nature.

23. What is forum shopping?

It is the improper practice of filing several
actions or petitions in the same or different
tribunals arising from the same cause and seeking
substantially identical reliefs in the hope of
winning in one of them. The omission to disclose
pendency of appeal or prior dismissal of his case
by a court of concurrent jurisdiction with intent of
seeking a favorable opinion.
The prohibition includes the filing of petitions for
writs of certiorari, mandamus and prohibition
when there are similar petitions already filed or
pending. (CPR Annotated, PhilJA)
Note: The mere filing of several cases based on the
same incident does not necessarily constitute forum
shopping. The question is whether the several
actions filed involve the same transactions, essential
facts and circumstances. If they involve essentially
different facts, circumstances and causes of action,
there is no forum shopping. (Paredes v. Sandiganbayan, G.R. No. 108251, Jan. 31, 1996)

The essence of forum shopping is the filing of

multiple suits involving the same parties for the
same cause of action, either simultaneously or
successively, for the purpose of obtaining a
favorable judgment. (Foronda v. Atty. Guerrero, A.C. No. 5469, Aug. 10, 2004)

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 24. When may a lawyer criticize a court decision?
CANON 11, CPR-
A LAWYER SHALL OBSERVE AND MAINTAIN
THE RESPECT DUE TO THE COURTS AND TO
JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.

All lawyers are expected to recognize the authority

of the Supreme Court and obey its lawful processes
and orders. Despite errors which one may impute
on the orders of the Court, these must be respected,
especially by the bar or the lawyers who are
themselves officers of the courts. (Yap-paras v. Atty. Paras, A.C. No. 4947, June 7, 2007)

Exception: The fact that a person is a lawyer does

not deprive him of the right, as enjoyed by
every citizen, to comment on and criticize the
actuations of a judge.
Note: What a lawyer can ordinarily say against a
concluded litigation and the manner the judge
handed down the decision therein may not generally
be said to a pending action. The court, in a pending
litigation, must be shielded from embarrassment
and influence in performing the important duty of
deciding it. On the other hand, once litigation is
concluded, the judge who decided on it is subject to
the same criticism as any other public official
because then his ruling becomes public property and
is thrown open to public consumption.

25. When is an offended party prohibited from intervening in a criminal case?

Rule 110 Sec. 16. Rules of Court. Intervention of the offended party in criminal action.
Where the civil action for recovery of civil liability is instituted in the criminal action
pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of
the offense.

General rule: Offended party has the right to intervene by counsel in the prosecution of the criminal
action , where the civil action for the recovery of civil liability is instituted in the criminal action pursuant to
Rule 111.
Exceptions:
1. Where from the nature of the crime and the law defining and punishing it, NO civil liability arises in
favor of the offended party; and
2. Where the offended party has waived his civil indemnity OR has expressly reserved his right to
institute a civil action OR has already instituted said action.
3. Where the offended party has expressly reserved his right to institute a separate civil action; OR
4. Where the offended party has already instituted such action.