Admission to Practice

Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!

Power to admit applicants to the Practice of Law

- The power to admit applicants to the practice of law is judicial in nature and involves the exercise of judicial discretion.

- The Supreme Court has the authority to decide who may be admitted to the bar.

- Par. 5, Sec. 5, Art VIII, 1987 Constitution provides that the Supreme Court has the power to promulgate rules concerning the admission to the practice of law, however, subject to the following limitations:

a) simplified and inexpensive procedures for speedy disposition of cases;

b) uniform for all courts of the same grade;

c) shall not diminish, increase or modify substantial rights.

- The legislature (Philippine Congress) may exercise its police power by enacting laws regulating the practice of law to protect the public and promote the public welfare.

(In Re Cunanan, 94 Phil. 534, Section 2 of R.A. No. 972 was declared unconstitutional due to the fatal defect of not being embraced in the title of the Act that should only affect the bar flunkers of 1946 to 1955 Bar Examinations).

Integration of the Bar

The purposes of the Integration of the Bar in general are:

1.Assist in the administration of justice;

2.Foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public service and conduct;

3.Safeguard the professional interests of its members;

4.Cultivate among its members a spirit of cordiality and brotherhood;

5.Provide a forum for the discussion of law, jurisprudence, law reform, etc.

6.Encourage and foster legal education;

7.Promote a continuing program of legal research in substantive and adjective law;

8.Enable the Bar to discharge its public responsibility effectively

Integration of the Bar will make it possible for the legal profession to:

1. Render more effective assistance in maintaining the rule of law;

2. Protect lawyers and litigants against the abuses of tyrannical judges and prosecuting officers;

3. Discharge fully and properly incompetent and untrustworthy judges and prosecuting officers;

4. Shield the judiciary from the assaults of politics and self-interest;

5. Effective voice in the selection of judges and prosecuting officers;

6. Prevent the unauthorized practice of law;

7. Establish welfare funds for families of disabled and deceased lawyers;

8. Provide placement services and legal aid offices;

9. Distribute educational and informational materials in the provinces;

10. Devise and maintain MCLE programs for attorneys;

11. Enforce rigid ethical standards;

12. Create law centers and establish law libraries for legal research;

13. Conduct campaigns to educate the people on their legal rights and obligations;

14. Generate and maintain pervasive and meaningful country-wide involvement of lawyers.

[In the Matter of the Integration of the IBP 49 SCRA 22, the Court first adopted the definition given by the Commission to “integration” where IBP means the official unification of the entire lawyer population of the Philippines. This requires membership and financial support of every attorney as conditions sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court]

Persons entitled to Practice Law

Under Section 1, Rule 138 of the Rules of Court, any person who has been duly licensed as a member of the bar and who is in good standing is entitled to practice law:

a) H/she must be a citizen of the Philippines;

b) At least 21 y/o;

c) Of good moral character;

d) A resident of the Philippines; and

e) Must produce before the SC satisfactory evidence of his good moral character, no charges against him involving moral turpitude (filed or pending in any court of the Philippines)

f) Must pass the bar examinations, take the lawyer’s oath before the SC en banc, sign in the roll of attorneys and receive a certificate from the Clerk of the SC of his license to practice.

g) Reserved only to Filipino citizens except Sec. 3 of Rule 138 for American
citizens before July 4, 1946 who were duly licensed members of the IBP.

[Re: Application for Admission to the Phil. Bar, 113 SCAD 488, C.A. No. 625 does not provide a specific period for the election of Phil. Citizenship, jurisprudence has evolved a period of 3 years after attaining the age of majority].

[In Re: Petition of Ramon Quisimbing for Admission to the Bar, Bar Matter No. 419, the court held that Filipino citizens who obtained their law degree abroad are required to take the bar examinations for admission to the Philippine bar].

[In Tan vs Sandabal, Bar Matter No. 44, Feb. 24, 1992, the court admonished that “good moral character” admits of broad dimensions, including at least common honesty”].

Where non-lawyers may practice law

1. Personally of with the aid of a friend or agent appointed by him for that purpose;

2. In localities where a duly licensed member of the bar is not available;

3. Under the Labor Code, a union representative may appear for his organization;

4. A person representing a land claimant in cadastral court;

5. In case of law student practice as permitted by the rules;

6. In case of those authorized to represent the government.

Public Officials Prohibited from engaging in private practice of law

1. Judges and other officials or employees of the court;

2. Officials and employees of the Office of the Solicitor General;

3. Government prosecutors;

4. President, VP, members of the cabinet, their deputies and assistants;

5. Members of the Constitutional Commissions;

6. Ombudsman and his deputies;

7. All governors, city and municipal mayors;

8. Those who by special law are prohibited from engaging in the practice of their profession.

From the article: “Professionals should not want Protectionism”

- Competition is not our enemy, it is our friend

- The only way to make sure that we are competitive globally is to compete globally and winning.

- Jose Rizal : "Genius knows no country, it sprouts everywhere, genius is like light, air, the patrimony of everybody, cosmopolitan like space, like life, like God."

- Protectionism gives shelter to archaic and unethical practices (to go around the law- dapat may "abilidad")

- With or without protectionism, foreign firms end up having to tie up with Filipino Firms to do local business