LEGAL ETHICS

Based on the book

“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

CHAPTER 2 –ADMISSION B. What are the causes for

disciplinary action against him.
TO PRACTICE C. Whether he should be disciplined,
suspended, disbarred, or
A. JUDICIAL CONTROL reinstated.

Admission to practice is a judicial Any legislative or executive judgment

function substituting that of the Supreme Court
The power to admit applicants to the in the admission to the practice of law
practice of law is judicial in nature and or suspension, debarment,
involves the exercise of judicial reinstatement infringes upon and
discretion. constitutes as an invalid exercise of the
Traditionally exercised by the Supreme legislative or executive power.
Court as an inherent part of its judicial
power. Legislative power to repeal, alter, or
Rationale comes from the nature of a supplement
judicial function and the role played by The 1935 and 1973 Constitutions
attorneys in the administration of provide that the Supreme Court shall
justice. have the power to promulgate rules
concerning the admission to the
The admission to the practice of law practice of law but may be repealed,
requires: altered, or supplemented by the
1. Previously established Rules and Batasang Pambansa.
Principles. (By Constitutional The 1987 Constitution deleted such
mandate, a primary responsibility provision.
of the Supreme Court) The legislature may, however, enact
2. Concrete Facts, past or present, laws with respect to the first requisite
affecting determinate individuals. for the admission to the bar (Previously
(Brought about by the applicant established Rules and Principles) that
for admission to the bar) applicants should observe.
3. A Decision as to whether the facts A. The legislature may pass a law
are governed by rules and for additional qualifications for
principles. (Involves judicial candidates for admission to the
adjudication which essentially a practice or filling up deficiencies
function of the court) in the requirements for admission
to the bar.
To enable the court to properly B. Such law may not, however, be
discharge its responsibility for the given retroactive effect so as to
efficient and impartial administration entitle a person, not otherwise
and to elevate and maintain the qualified, to be admitted.
standard of the legal profession C. Such law will not preclude the
requires that it must have the primary Supreme Court from fixing other
duty to decide: qualifications and requirements.
A. Who may be admitted to the bar Reason: Legislature has no power to
as one of its officers. grant a layman the privilege to practice
law nor control the Supreme Court in its
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 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

responsibility to decide who may be A treaty, cannot be so interpreted as to

admitted. entitle a holder of a law degree
obtained in another country to practice
The Legislature, in the exercise of its law in this country without complying
POLICE POWER may, however, enact with the requirements of existing law.
laws regulating the practice of law Accordingly, a Filipino citizen who
to protect the public and promote the obtained a law degree in another
public welfare. country is not entitled to be admitted to
1. A law declaring illegal and the Philippine Bar without complying
punishable the unauthorized with the requirements.
practice of law.
2. Require further examination for Prescribing standards for law schools
any attorney desiring to practice CHED acts as an agency or in aid of the
before any quasi-judicial or Supreme Court in the exercise of its
administrative agency. primary authority to determine who
Whatever law may be passes is merely may be admitted to practice since such
in aid of the judicial power to regulate. authority is by Constitutional mandate
But the legislature MAY NOT pass a law and rests and remains exclusively with
that will control the Supreme Court in the high tribunal.
the performance of its function to CHED merely:
decide who may enjoy the privilege of 1. Exercises regulatory power over
practicing law and any law of that kind law schools or certifies as to the
is unconstitutional as an invalid exercise satisfactory completion of the
of legislative power. prescribed courses of law study
RA 972 (the Bar Flunkers Act) aims to by an applicant for admission to
admit to the Bar, those candidates who the bar examination.
suffered from insufficiency of reading 2. Assumes some responsibility for
materials and inadequate preparation. the quality of instruction and
By its declared objective, the law is training required of an applicant
contrary to public interest because it for membership in the bar.
qualifies 1,094 law graduates who
confessedly had inadequate preparation Supreme Court incidental powers
for the practice of the profession, as (Incidental to its primary authority to
was exactly found by this Tribunal in decide who may be admitted to the
the aforesaid examinations. An bar):
adequate legal preparation is one of the 1. Fixing minimum standards of
vital requisites for the practice of law instruction for all law schools to
that should be developed constantly observe.
and maintained firmly. 2. Setting up of the necessary
administrative machinery to
Executive power in relation to practice determine compliance therewith.
The Chief Executive cannot, by 3. By way of sanction, refusal to
executive order, admit a person to the admit to the bar exams law
practice of law nor can he, by treaty graduates from schools failing to
with another country, modify the rules meet those standards. May be
on the admission to the bar.
ralc2011 10
 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

implemented through of legal principles not possessed

accreditation. by ordinary layman.
3. Appearance for clients before
B. WHAT CONSTITUTES PRACTICE OF public tribunals.
LAW
When a person participates in a trial
Practice of Law, generally and ―advertises‖ himself as a lawyer, he
General principles and doctrines laid is in the practice of law.
down by the courts explaining the Giving advice for compensation
meaning and scope of the term: regarding the legal status and rights of
1. To engage in the practice of law another constitutes practice of law.
is to do any of those acts which One who renders an opinion as to the
are characteristic of the legal proper interpretation of a statute and
profession. receives pay for it, is to that extent,
2. Any activity in or out of court practicing law.
which requires the application of
law, legal principle, practice or Engaging in the practice of law
procedure and calls for legal presupposes the existence of a lawyer-
knowledge, training and client relationship.
experience. (Cayetano vs Where a lawyer undertakes an activity
Monsod) without any such relationship, such as
3. It is not limited to the conduct of teaching law or writing law books or
cases in court. legal articles cannot be said to be
4. Includes legal advice, counseling, engaged in the practice of his
and the preparation of legal profession as a lawyer.
instruments and contracts by
which legal rights are secured, Characteristics of term “Practice of
which may or may not be pending Law”
in court. The phrase ―practice of law‖ implies
5. Strictly speaking, the word customarily or habitually holding
practice of law implies the oneself out to the public, as a lawyer,
customary or habitual holding out for compensation as a source of
of oneself to the public as a livelihood or in consideration of his
lawyer and demanding service.
compensation for his services. Holding oneself out may be shown by
[People vs. Villanueva 14 acts indicative of that purpose.
SCRA 111] Thus, a layman is illegally engaged in
the practice when he sends a circular
Three Principal Types of announcing the establishment of a law
Professional Activities: office for the general practice of law, or
1. Legal advice and instructions to when the takes the oath of office as a
the clients to inform them of their lawyer before a notary public and files a
rights and obligations. manifestation with the Supreme Court
2. Preparation for clients of informing his intention to practice law.
documents requiring knowledge

ralc2011 11
 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

Private practice consists of frequent and 3. Preparation and filing of a

customary actions, more than an pleading, motion, memorandum,
isolated appearance. or brief.
It contemplates succession of acts of 4. Examination of witnesses and
the same nature habitually and presentation of evidence.
customarily holding oneself out to the 5. Management and control of the
public as a lawyer. proceedings in court.
Isolated Appearance:
A. A judge who is prohibited from Representation before other agencies
engaging in private practice of Appearances before any quasi-judicial,
law has not violated this administrative, or legislative agency
prohibition when he appeared as constituting practice of law:
counsel for his cousin pro bono in 1. Interpretation and application of
a criminal case. laws.
B. Appearance as counsel in one 2. Presentation of evidence to
occasion is not conclusive as establish certain facts.
determinative of engagement in 3. Representing an applicant for
the practice of law. registration of trademark, trade
C. Appearance of a city attorney as name, or service mark in the
private prosecutor not within the Philippine Patent Office.
prohibition. (People vs. 4. Advocating or resisting claims
Villanueva) before the NLRC, BoC, or BIR.
5. Representing before a legislative
An isolated appearance may, body regarding a proposed
however, amount to practice: legislation or ordinance.
1. Legislator cannot appear as
counsel before any court of Character of the service and not the
justice or Electoral Tribunals, or place where it is performed is the
quasi-judicial and administrative decisive factor determinative of whether
bodies even in a single instance. the service constitutes practice of law.
2. A layman’s representation as Service to prepare and prosecute a just
defense counsel in a criminal case claim before a quasi-judicial or
is invalid and the conviction of administrative body same and
the accused may be set aside, as legitimate as the service rendered in
violative of due process. court in arguing a cause.

Representation before the court Activity outside of court

Practice of law, as customarily Practice of law also consists of work
understood, means: performed outside of court:
1. Rendering of services to a o Giving legal advice on large
person, natural or juridical, in variety of subjects.
court on any matter through o Conveyancing and preparation
various stages and in accordance and execution of legal
with rules of procedure. instruments covering an
2. Appearance before the court. extensive field of business and
trust and other affairs.
ralc2011 12
 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

No valid distinction can be drawn Any person who has been duly licensed
between part of the work involving as a member of the bar in accordance
appearance in court and that part with the statutory requirements and
involving advice and drafting of who is in good and regular standing is
instruments in his office. entitled to practice law.
Practice of law need not be habitual Two basic statutory requirements:
services in litigations in court. A 1. Must have been admitted to the
person’s past work experiences as bar.
lawyer-economist, lawyer-manager, 2. After admission, must remain in
lawyer-entrepreneur of industry, good and regular standing (a
lawyer-negotiator of contracts, and continuing requirement).
lawyer-legislator more than satisfy the
constitutional requirement for Must have been admitted to the bar. A
appointment as Chairman of the lawyer is one who:
COMELEC that he has been engaged in 1. Passed the bar exams.
the active practice of law for at least 2. Taken the lawyer’s oath before
ten years. (Cayetano v Monsod) the Supreme Court en banc.
3. Signed in the roll of attorneys.
4. Received a certificate of license to
practice law from the Clerk of
Court of the Supreme Court.
ESSENTIAL CRITERIA 5. Furnished satisfactory proof or
DETERMINATIVE educational, moral, and other
OF ENGAGING IN THE PRACTICE OF qualifications.
LAW: (HACA)
1. Habituality- implies customarily or After Admission he or she must:
habitually holding oneself out to the 1. Remain an IBP member in good
public as a lawyer standing by regularly paying IBP
2. Compensation- implies that one dues and other lawful assessments.
must have presented himself to be 2. Pay annual privilege tax.
in the active practice and that his 3. Faithfully observe the rules and
professional services are available to ethics of the legal profession.
the public for compensation, as a 4. Be continually subjected to judicial
source of his livelihood or in disciplinary control.
consideration of his said services.
3. Application of law, legal Compulsory membership to the IBP is
principle, practice, or procedure not violative of a lawyer’s freedom of
which calls for legal knowledge, association. Integration does not make
training and experience. a lawyer a member of any group of
4. Attorney-client relationship. which he is already a member. He
became a member of the bar when he
passed the Bar Examinations. Bar
C. WHO MAY PRACTICE LAW integration does not compel the lawyer
to associate with anyone. He is free to
Persons entitled to practice law, attend or not attend the meetings of his
generally Integrated Bar Chapter or vote or
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 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

refuse to vote in its elections as he The attorney’s continued enjoyment of

chooses. The only compulsion to which the privilege conferred depends upon
he is subjected is the payment of his complying with the ethics and rules
annual dues. The Supreme Court, in of the profession.
order to further the State’s legitimate
interest in elevating the quality of
professional legal services, may require But practice of law is in the nature of a
that the cost of improving the right. While the practice of law is a
profession in this fashion be shared by privilege, a lawyer cannot be prevented
the subjects and beneficiaries of the from practicing law except for valid
regulatory program — the lawyers [In reasons, the practice of law not being a
re: Edillon A.M. 1928] matter of state’s grace or favor.
He holds office during good behavior
The rigid requirements and conditions and can only be deprived of it for
are designed to admit to its ranks only misconduct.
those who are adequately prepared, The state cannot exclude an attorney
mentally and morally, to discharge the from the practice of law in a manner or
duties of an attorney. for reasons that contravene the due
The purpose, in the final analysis, is to process or equal protection clause of
protect the public, the court, the client, the Constitution.
and the bar from incompetence and
dishonesty of those who are unfit to A quasi-judicial or administrative
become members. agency cannot restrict a lawyer’s
Only those who are competent, privilege to practice law by imposing
honorable, and reliable may practice conditions that amount to
law. discrimination nor limit such privilege
by requiring the passing of an
examination not sanctioned by law as a
Right and Privilege to practice prerequisite to appearing before such
agency.
The practice of law is not a natural, In that sense, the practice of law is in
property or constitutional right but a the nature of a right which cannot be
mere privilege. lightly or capriciously taken away from
It is not a right granted to anyone who him.
demands it but a privilege to be
extended or withheld in the exercise of Practice without examination
sound judicial discretion. Exceptions to the privilege afforded to
It is in the nature of a franchise Filipino citizens who have passed the
conferred only for merit which must be bar exams to practice law:
earned by hard study, learning and A. Citizens of the United States who:
good conduct. 1. Before July 4, 1946, were
It is a privilege accorded only to those duly licensed members* of
who measure up to certain rigid the Philippine Bar.
standards of mental and moral fitness. 2. In active practice in the
Those standards are neither dispensed courts of the Philippines.
with nor lowered after admission.
ralc2011 14
 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

3. In good and regular 3. In a criminal case before the

standing as such. MTC – in a locality where a duly
4. Took the oath of office. licensed member of the Bar is not
*Pursuant to the comity clause of the then available, the judge may appoint a
Rules of Examination of Candidates for non-lawyer who is a resident of that
Admission to the Practice of Law in the US province, of good repute for probity
during the American Regime. and ability to represent the accused
B. Filipino citizens*, in the discretion in his defense. [Sec. 7, Rule 116]
of the Court may be admitted 4. Student Practice Rule - A law
without examination, who: student who has successfully
1. Are applicants for completed his 3rd year of the
admission and are enrolled regular 4-year prescribed law
attorneys in good standing curriculum and is enrolled in a
in the Supreme Court of recognized law school’s clinical
the United States or in any legal education program approved
circuit court of Appeals or by the SC – may appear without
district court therein, or in compensation in any civil, criminal
the highest court of any or administrative case before any
State or Territory of the trial court, tribunal, board or officer,
United States. to represent indigent clients
2. Can show certificates that accepted by the Legal Clinic of the
they have practiced before school. [Sec. 1, Rule 138-A] The
July 4, 1946. student shall be under the direct
3. Have never been supervision and control of a member
suspended or disbarred. of the IBP duly accredited by the law
*Rule 138, Sec. 4, Rules of Court. school. [Sec. 2]
5. Under the Labor Code – non-
Practice without admission lawyers may appear before the NLRC
General Rule: Only those who are or any Labor Arbiter if they
licensed to practice law can appear and (a) represent themselves;
handle cases in court. (b)represent their organization or
members thereof [Art. 222,
Exceptions: PD 442]
1. Before the MTC - a party may 6. A non-lawyer or layman may
conduct his case or litigation in represent a claimant before the
person with the aid of an agent or Cadastral Court [Sec. 9, Act. No.
friend appointed by him. [Sec. 34, 2259]
Rule 138] 7. Any official or other person
2. Before any other court – a party appointed to appear for the
may conduct his litigation Government of the Philippines in
personally. [Sec. 34, Rule 138]. He accordance with law shall have all
is bound by the same rules in the rights of a duly authorized
conducting the trial of his case. He member of the bar in any case in
cannot, after judgment, claim that which said government has an
he was not properly represented. interest [Sec. 33, Rule 138].

ralc2011 15
 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

Three Limitations in the appearance But it cannot practice law directly or

of a layman on behalf of another: indirectly by employing a lawyer to
1. Layman should confine his work practice for it or to appear for others for
to non-adversary contentions. its benefit.
Should not undertake purely legal Reasons:
work such as examination of 1. Nature of the privilege and on the
witnesses or presentation of confidential and trust relation
evidence. between attorney and client.
2. Services should not be habitually 2. The corporation (a juridical
rendered. person) cannot perform the
3. Should not charge or collect conditions required for
attorneys’ fees. membership in the bar, such as
the possession of good moral
Right of party to represent himself character and other special
In Civil Cases, individual litigant has disqualifications, the taking of an
the right to conduct his litigation oath and becoming an officer of
personally. the court, subject to its discipline,
He will still be bound by the same rules suspension or removal.
of procedure and evidence as those 3. The relation of trust and
applicable to a party appearing through confidence cannot arise where
counsel. the attorney is employed by a
He may not be heard to complain later corporation to practice for it, his
that he has been deprived of the right employer and he owing, at best,
to the assistance of counsel. a secondary and divided loyalty
In Criminal Cases involving grave and to the clientele of his corporate
less grave offenses, an accused who is employer.
a layman must always appear by 4. The intervention of the
counsel. He cannot conduct his own corporation is destructive of that
defense, as his right to counsel may not confidential and trust relation and
be waived without violating his right to is obnoxious to the law.
due process of law.
By a Juridical Person: Persons authorized to represent the
General Rule:Iit must always government
appear in court by a duly licensed Any official or other person appointed
member of the bar. or designated in accordance with law to
Exception: In the MTC, it may be appear for the government of the
represented by its agent or officer Philippines or any of its officials shall
who need not be a lawyer. have all the rights of a duly authorized
member of the bar to appear in any
Practice by Corporation case in which the government has an
It is well settled that a corporation interest, direct or indirect, or in which
CANNOT engage in the practice of law. such official is charged in his official
It may, however, hire an attorney to capacity. [Sec. 33, Rule 138].
attend to and conduct its own legal Solicitor General, Assistant Solicitor
business or affairs. General, Solicitors and Trial Attorneys,

ralc2011 16
 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

State Prosecutors, Special Counsel,

Special Prosecutor of the Ombudsman. When any of the public officials are
absolutely prohibited, they cease, as a
Three Instances when a lawyer cannot general rule, to engage in private
practice: practice of law and the right to practice
1. Appearance of Parties in Person. - is suspended during tenure of office.
In all katarungang pambarangay
proceedings, the parties must Lawyer member of the Legislature not
appear in person without the absolutely prohibited.
assistance of counsel or Prohibited only from appearing as
representative, except for minors counsel in:
and incompetents who may be 1. Any court of justice.
assisted by their next-of-kin who 2. Electoral Tribunals.
are not lawyers. (SEC. 415. Local 3. Quasi-Judicial or Administrative
Government Code) bodies.
2. Appearance through a
representative must be for a valid What is prohibited is to ―personally
cause. the representative of an appear.‖
individual-party must not be a The word ―appearance‖ includes:
lawyer, and must be related to or 1. Arguing a case before any such
next-of-skin of the individual- body.
party. juridical entities shall not 2. Filing a pleading on behalf of a
be represented by a lawyer in any client as ―by simply filing a formal
capacity. (A. M. No. 08-8-7-SC, motion, plea or answer‖.
RULE OF PROCEDURE FOR SMALL Neither can he allow his name to
CLAIMS CASES) appear in such pleading by itself or as
3. A lawyer shall not, after leaving part of a firm name under the signature
government service, accept of another qualified lawyer because the
engagement or employment in signature of an agent amounts to
connection with any matter in signing of a non-qualified senator or
which he had intervened while in congressman, the office of an attorney
said service. (Rule 6.03, CANON being originally of agency, and because
6) he will, by such act, be appearing in
court or quasi-judicial or administrative
Disability of Public Officials to practice body in violation of the constitutional
Appointment or Election to a restriction.
government office disqualifies one to ―He cannot do indirectly what the
practice law. Constitution prohibits directly‖.
1. Public office is a Public Trust.
Obliged to perform duties with RESTRICTIONS IN THE PRACTICE OF
exclusive fidelity. LAW OF THE MEMBERS OF THE
2. Avoid conflict of interests. SANGGUNIAN
3. Assure the people of impartiality They shall not:
in the performance of public 1. Appear as counsel before any
functions, thereby promote the court in any civil case wherein a
public welfare. local government unit or any
ralc2011 17
 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

office, agency or instrumentality 9. Those prohibited by special laws

of the government is the adverse – retired members of the
party; judiciary.
2. Appear as counsel in any criminal
case wherein an officer or A Civil Service Officer can engage in the
employee of the national or local practice of law only if:
government is accused of an 1. The officer’s responsibilities do
offense committed in relation to not require his time to be fully at
his office; the disposal of the government.
3. Collect any fee for their 2. With written permission from the
appearance in administrative head of the department
proceedings involving the local concerned.
government unit of which he is an
official. [Sec. 90, R.A. 7160] A punong barangay needs to obtain
4. Use property and personnel of written permission from the Secretary
the government except when the of the DILG to appear as counsel.
Sanggunian member concerned is
defending the interest of the Liability for unauthorized practice
government Any person prohibited from engaging in
However, Sanggunian members may the practice of law or assumes to be an
practice their professions, engage in attorney is liable for contempt of court,
any occupation, teach in schools punishable by fine or imprisonment or
except during session hours. both.
Liable for Estafa, defrauds the litigant:
WHO MAY NOT PRACTICE LAW? 1. If such unauthorized practice
Relative Prohibition causes damage to a party.
1. Senators and members of the 2. False representation and
House of Representatives rendering service in court in
(prohibition to appear) behalf of litigant.
2. Members of the Sanggunian.
Absolute Prohibition Criminal and Administrative Liability for
1. All members of the Judiciary government officials prohibited from
2. Judges and other officials as practicing law when doing such.
employees of the Supreme Court.
3. Government prosecutors. Remedies against unauthorized
4. President, Vice President, practice
members of the cabinet. 1. Injunction.
5. Members of Constitutional 2. Declaratory Relief.
Commissions. 3. Contempt of Court.
6. Ombudsman and his deputies. 4. Petition for Disqualification.
7. Solicitor General and Assistant 5. Complaint for Disbarment.
Solicitor General 6. Administrative complaint for public
8. All governors, city and municipal officer.
mayors. 7. Criminal complaint for Estafa

ralc2011 18
 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

D. QUALIFICATIONS FOR ADMISSION Public Policy demands that a person

seeking admission to the practice of law
REQUIREMENTS FOR ADMISSION TO must
THE BAR: 1. Possess the required educational
1. Citizen of the Philippines. qualifications.
2. Resident of the Philippines 2. Show a degree of learning and
3. At least 21 years old proficiency in law necessary for
4. Successfully completed all prescribed the due performance of the duties
courses. of a lawyer.
5. Passed the bar exams. To the lawyer is entrusted the
6. Production before the Supreme protection of life, liberty, property, or
Court satisfactory evidence of: honor.
a. Good moral character To approve officially one who is not
b. No charges against him, adequately prepared to such a delicate
involving moral turpitude, task is to create a social danger.
have been filed or are pending
in any court in the Philippines. Bar Examination
Subjects chosen for these exams are
Citizenship and Residence designed to eliminate any one whose
Privilege denied to foreigners. general intelligence, learning, and
Takes into account the close connection mental capacity are inadequate to
of the practice of law with the enable him to assume and discharge
administration of justice. the duties of an attorney.
An alien cannot well maintain allegiance Passing Grade: A general average of
to the Republic of the Philippines, which 75% in all subjects without falling
is required in the Oath of a Lawyer. below 50% in any subject.
In determining the average, the
Good Moral Character subjects given the following relative
Continued possession of good moral weights:
character after admission is a 1. Civil Law 15%
requirement for enjoyment of privilege 2. Labor and Social Legislation 10%
to practice. 3. Mercantile Law 15%
Moral character is what a person really 4. Criminal Law 10%
is as distinguished from good reputation 5. Political and International Law
or opinion generally entertained of him. 15%
Includes at least common honesty. 6. Taxation 10%
Opposite of immorality, which is the 7. Remedial Law 20%
indifference to the moral norms of 8. Legal Ethics and Practical
society. Exercises 5%
This requirement aims to maintain and
uphold the high moral standard and the A candidate who fails for three times is
dignity of the legal profession. disqualified from taking another
examination, unless he has shown to
Educational qualifications the satisfaction of the Court that he
has:

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 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

1. Enrolled and passed regular

fourth year review classes;
2. Attended a pre-bar review American lawyers in active practice of
course. law in the Philippines before July 4,
1946 or a Filipino citizen enrolled as
E. PROCEDURE FOR ADMISSION attorney in the United States before
July 4, 1946, who desires admission
Bar Examination Committee without examination should:
Examinations shall be conducted by a 1. File a petition with the Court
committee of bar examiners to be along with his
appointed by the Supreme Court. This 2. License to practice
committee shall be composed of: 3. Evidence that it has not been
1. A Justice of the Supreme Court, revoked
as chairman and designated by 4. Certificates of professional
the court to serve for one year. standing.
2. Eight (8) members of the
Philippine bar, who shall serve as Disclosure of involvement in any
examiners in the 8 bar subjects criminal case
and hold office for a period of one Applicant must show that no charges
year. against him involving moral turpitude
3. Bar Confidant as liaison officer have been filed or pending in court in
between the Court and Chairman the Philippines (Rule 138, Sec 2, Rules
and the Committee members. of Court)
Also a deputy clerk of court. To enable the court to resolve whether
a particular crime involves moral
Application and supporting documents turpitude, applicant must disclose any
Time for filing proof of qualifications.— crime of which he has been charged.
All applicants for admission shall file If what has been concealed does not
with the clerk of the Supreme Court a involve moral turpitude, it is the fact of
duly accomplished application form concealment and not the commission of
together with supporting documents the crime itself that makes him morally
concerning his qualifications at least 15 unfit.
days before the beginning of the
examination. Burden of proof to show qualifications
Applicants shall also file at the same Applicant assumes the burden of proof
time their own affidavits as to their age, to establish his qualifications to the
residence, and citizenship. (Rule 138, satisfaction of the court.
Sec. 7) After having presented prima facie
evidence of his qualifications, any one
Notice of applications.—Notice of objecting to his admission may offer
applications for admission shall be contrary evidence to overcome such
published by the clerk of the Supreme prima facie showing. Burden of proof
Court in newspapers published in shifts to the complainant.
Pilipino, English and Spanish, for at
least 10 days before the beginning of Written examinations
the examination. (Rule 138, sec. 8) Annual examination.
ralc2011 20
 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

o Examinations for admission to the 4. To keep the examinee’s identity a

bar of the Philippines shall take secret and thus avoid any influence
place annually in the City of to bear upon the examiner in the
Manila. valuation of his answers:
o They shall be held in four days to a. The exam papers shall be
be designated by the chairman of identified by numbers.
the committee on bar examiners. b. The name of the examinee is
o The subjects shall be distributed written in a piece of paper and
as follows: sealed in an envelope.
1. 1st day: Political and 5. Any candidate who violates any of
International Law the rules concerning the conduct of
(morning), Labor and examination will be barred from
Social Legislation taking such and the same will be
(afternoon); counted as a failure against him.
2. 2nd day: Civil Law
(morning),Taxation The conduct of the bar exams involves
(afternoon); public interest.
3. 3rd day: Mercantile Law Any charge of anomaly requires prompt
(morning) Criminal Law action from the Court to prevent
(afternoon); erosion of public faith in the bar and in
4. 4th day: Remedial Law the court.
(morning) Legal Ethics and
Practical Exercises Correction and revaluation of grades
(afternoon). (Rule 138, The bar examiners correct the
sec. 11.) examination papers and submit the
grades and corrected papers to the bar
The questions shall be the same for all confidant.
examinees. The bar confidant tallies the individual
Examinees shall answer the questions grades of every examinee, computes
personally without help from anyone. the general average, and prepares a
Upon verified application made by an comparative data showing the
examinee stating that his penmanship percentage of passing and failing in
is so poor that it will be difficult to read relation to a certain average.
his answers without much loss of time, Results are submitted to the
the Supreme Court may allow such Examination Committee and to the
examinee to use a noiseless typewriter. Court.

Restrictions to insure integrity in Any request for revaluation of the

examination answers and the grades given should be
1. An examinee is prohibited from made by the examinee addressed to
bringing papers, books or notes into the Court.
the examination room.
2. He is not to communicate with the
other examinees during the exam. Administration of Oath
3. He is not to influence any member of
the committee on bar exams.
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 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

Qualified applicants shall take and weigh his actions according to the
subscribe to the Oath of Office as a sworn promises he makes when taking
Lawyer. the lawyer’s oath. If all lawyers
A prerequisite to the admission of conducted themselves strictly according
practice of law and may only be taken to the lawyer’s oath and the Code of
before the Supreme Court. Professional responsibility, the
The court may deny the petition to take administration of justice will
the lawyer’s oath for: undoubtedly fairer, faster and easier for
o Grave misconduct; everyone concerned. (In Re:
o Pending complaint against the Argosino, 270 SCRA 26)
applicant
By taking the lawyer’s oath, a lawyer
LAWYER’S OATH (MEMORIZE!!) becomes the guardian of truth and the
rule of law and an indispensable
I _____ , do solemnly swear that I will instrument in the fair and impartial
maintain allegiance to the Republic of the administration of justice. Good moral
Philippines; character includes at least common
honesty. Deception and other
I will support and defend its Constitution fraudulent acts are not merely
and obey the laws as well as the legal unacceptable practices that are
orders of the duly constituted authorities disgraceful and dishonorable, they
therein; reveal a basic moral flaw. (Olbes vs.
Deciembre, 457 SCRA 341)
I will do no falsehood nor consent to its
commission; Issuance of Certificate
After taking oath, the Supreme Court
I will not wittingly or willingly promote or admits him as a member of the bar for
sue any groundless, false or unlawful suit all courts of the Philippines.
nor give aid nor consent to the same; An order be entered that a certificate of
such record be given him by the clerk of
I will not delay any man’s cause for money court.
or malice and will conduct myself as a Such certificate is his license to practice
lawyer according to the best of my law.
knowledge and discretion with all good Thereafter, he signs the roll of
fidelity as well to the court as to my attorneys, which is the official record
clients; and containing the names and signatures of
those who are authorized to practice
I will impose upon myself this obligation law.
voluntarily, without any mental reservation
or purpose of evasion. Payment of IBP dues and privilege tax
Membership by every attorney in the
So help me God. IBP is compulsory.
Obligation to support it financially.
The lawyer’s oath is not a mere o Every member of the Integrated
ceremony or formality for practicing Bar shall pay such annual dues as
law. Every lawyer should at all times the Board of Governors shall
ralc2011 22
 LEGAL ETHICS
Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo

determine with the approval of

the Supreme Court.
o Default in payment for 6 months
shall warrant suspension.
o Default in such payment for 1
year shall be a ground for
removal of the name of the
delinquent member from the Roll
of Attorneys.
o However, no action involving
suspension or removal from the
roll shall be effective without final
approval of the Supreme Court.

Conditions sine qua non to the privilege

to practice law and to the retention of
his name in the roll of attorneys :
1. Continued membership
2. Regularly paying membership
dues and other lawful
assessments that it may levy.

A lawyer must comply with the

requirement regarding payment of
membership even though his practice is
―limited.‖
The exemption from payment of
individual income taxes for senior
citizens does not include payment of
IBP membership dues.

ralc2011 23