UP LEGAL ETHICS REVIEWER
UP LEGAL ETHICS REVIEWER
I. THE LEGAL PROFESSION
A. Supervision and Control
• Regulated by the Supreme Court and NOT the
PRC.
• Const art. VIII, sec. 5(5).
The SC shall have the following powers:
(5) Promulgate rules concerning… practice and
procedure in all courts, the admission into the
practice of law, the Integrated Bar….
• Const art. XII, sec. 14.
…The practice of all professions in the Phils.
shall be limited to Filipino citizens, save in
cases prescribed by law.
• The power to integrate the Philippine bar is
given to the SC by the Constitution. (In the
Matter of the IBP (1973))
• RA 972, or the Bar Flunkers Act of 1953, was
declared partially unconstitutional as it
encroached upon the powers granted by the
Constitution to the SC in determining the
admission of bar examinees to the bar by
usurping such power through a legislative act.
(In Re: Cunanan (1954))
B. The Practice of Law
• Practice of law means 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, which device or service requires
the use in any degree of legal knowledge or
skill. (Cayetano v. Monsod, 201 SCRA 210
(1991))1
o Padilla, Dissenting
Practice of law – means to exercise or
pursue an employment or profession,
actively, habitually, repeatedly or
customarily. There must be continuity or a
succession of acts.
Several factors enumerated by the
Commission on Appointments to determine
“practice of law”:
(1) Habituality - customarily or frequently
holding one’s self out to the public as a
lawyer
1 FACTS: Monsod after passing the bar, worked in his father’s
firm for one year, then worked as an operations officer in the
World Bank Group. He also worked with the Meralco Group upon
his return to the Philippines, and then became chief executive
officer of an investment bank, legal and economic consultant of
various companies, National Chairman of NAMFREL, member of
the 1986 Constitutional Commission, and then became a
member of the Davide Commission.
Interpreted in the light of the various definitions of
the term “practice of law”, particularly the modern concept of
law practice, and taking into consideration the liberal
construction intended by the framers of the Constitution, Atty.
Monsod’s past work experiences as a lawyer-economist, a
lawyer-manager, lawyer-entrepreneur of industry, a lawyernegotiator
of contracts, and a lawyer-legislator verily more than
satisfy the constitutional requirement – that he has been
engaged in the practice of law for at least 10 years.
(2) Compensation - his professional
services are available to the public for
compensation, as a service of his livelihood
or in consideration of his said services.
(3) Application of law, legal principles,
practice, or procedure - calls for legal
knowledge, training and experience.
(4) Attorney-client relationship- hence,
teaching law or writing law books are not
considered as “practice of law”.
II. REQUIREMENTS FOR ADMISSION TO THE
PRACTICE OF LAW
KNOW MORE:
I. Citizenship
• The practice of all professions in the Philippines
shall be limited to Filipino citizens, save in
cases prescribed by law. (Const. art. XII, sec.
14.)
• Every applicant for admission as a member of
the bar must be a citizen of the Philippines
…(Rule 138, sec. 2)
• A Filipino citizen admitted to the Phil Bar must
maintain such citizenship to remain qualified
for the practice of law in this country (In Re
Arthur Castillo Reyes, (1993))2
II. Residence
• Requirements for all applicants for admission to
the bar -- …be a resident of the Philippines…
(Rule 138, sec. 2)
III. Age: At least 21yrs old
• Requirements for all applicants for admission to
the bar -- …be at least twenty-one years of
age…(Rule 138, sec. 2)
IV. Good Moral Character
• Requirements for all applicants for admission to
the bar -- …must be of good moral character…
and must produce before the Supreme Court
satisfactory evidence of good moral character,
and that no charges against him, involving
2 FACTS: Petitioner graduated from UP College of Law in 1939;
passed the bar in 1939; inducted to and served in the US Armed
Forces in the Far East during WWII and thus became eligible for
citizenship under the 1990 US Immigration Act; became a
naturalized citizen of the US in 1993. His name was struck from
the Roll of Attorneys. Only Filipino citizens may practice law in
the Philippines. This requirement is prescribed by the
Constitution, XII 14, and the ROC, 2 Rule 138.
a quick view of UP Legal Ethics Bar Reviewer..
Click here to download
Disclaimer: I do not own any right or claim to this file.
I. THE LEGAL PROFESSION
A. Supervision and Control
• Regulated by the Supreme Court and NOT the
PRC.
• Const art. VIII, sec. 5(5).
The SC shall have the following powers:
(5) Promulgate rules concerning… practice and
procedure in all courts, the admission into the
practice of law, the Integrated Bar….
• Const art. XII, sec. 14.
…The practice of all professions in the Phils.
shall be limited to Filipino citizens, save in
cases prescribed by law.
• The power to integrate the Philippine bar is
given to the SC by the Constitution. (In the
Matter of the IBP (1973))
• RA 972, or the Bar Flunkers Act of 1953, was
declared partially unconstitutional as it
encroached upon the powers granted by the
Constitution to the SC in determining the
admission of bar examinees to the bar by
usurping such power through a legislative act.
(In Re: Cunanan (1954))
B. The Practice of Law
• Practice of law means 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, which device or service requires
the use in any degree of legal knowledge or
skill. (Cayetano v. Monsod, 201 SCRA 210
(1991))1
o Padilla, Dissenting
Practice of law – means to exercise or
pursue an employment or profession,
actively, habitually, repeatedly or
customarily. There must be continuity or a
succession of acts.
Several factors enumerated by the
Commission on Appointments to determine
“practice of law”:
(1) Habituality - customarily or frequently
holding one’s self out to the public as a
lawyer
1 FACTS: Monsod after passing the bar, worked in his father’s
firm for one year, then worked as an operations officer in the
World Bank Group. He also worked with the Meralco Group upon
his return to the Philippines, and then became chief executive
officer of an investment bank, legal and economic consultant of
various companies, National Chairman of NAMFREL, member of
the 1986 Constitutional Commission, and then became a
member of the Davide Commission.
Interpreted in the light of the various definitions of
the term “practice of law”, particularly the modern concept of
law practice, and taking into consideration the liberal
construction intended by the framers of the Constitution, Atty.
Monsod’s past work experiences as a lawyer-economist, a
lawyer-manager, lawyer-entrepreneur of industry, a lawyernegotiator
of contracts, and a lawyer-legislator verily more than
satisfy the constitutional requirement – that he has been
engaged in the practice of law for at least 10 years.
(2) Compensation - his professional
services are available to the public for
compensation, as a service of his livelihood
or in consideration of his said services.
(3) Application of law, legal principles,
practice, or procedure - calls for legal
knowledge, training and experience.
(4) Attorney-client relationship- hence,
teaching law or writing law books are not
considered as “practice of law”.
II. REQUIREMENTS FOR ADMISSION TO THE
PRACTICE OF LAW
KNOW MORE:
I. Citizenship
• The practice of all professions in the Philippines
shall be limited to Filipino citizens, save in
cases prescribed by law. (Const. art. XII, sec.
14.)
• Every applicant for admission as a member of
the bar must be a citizen of the Philippines
…(Rule 138, sec. 2)
• A Filipino citizen admitted to the Phil Bar must
maintain such citizenship to remain qualified
for the practice of law in this country (In Re
Arthur Castillo Reyes, (1993))2
II. Residence
• Requirements for all applicants for admission to
the bar -- …be a resident of the Philippines…
(Rule 138, sec. 2)
III. Age: At least 21yrs old
• Requirements for all applicants for admission to
the bar -- …be at least twenty-one years of
age…(Rule 138, sec. 2)
IV. Good Moral Character
• Requirements for all applicants for admission to
the bar -- …must be of good moral character…
and must produce before the Supreme Court
satisfactory evidence of good moral character,
and that no charges against him, involving
2 FACTS: Petitioner graduated from UP College of Law in 1939;
passed the bar in 1939; inducted to and served in the US Armed
Forces in the Far East during WWII and thus became eligible for
citizenship under the 1990 US Immigration Act; became a
naturalized citizen of the US in 1993. His name was struck from
the Roll of Attorneys. Only Filipino citizens may practice law in
the Philippines. This requirement is prescribed by the
Constitution, XII 14, and the ROC, 2 Rule 138.
a quick view of UP Legal Ethics Bar Reviewer..
Click here to download
Disclaimer: I do not own any right or claim to this file.
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