DON MARIANO MARCOS MEMORIAL STATE UNIVERSITY

College of Law

Legal Counselling and Social Responsibility

Quiz

May a non-lawyer be allowed to appear in Court? Who are the persons that may appear in Court?

As a general rule, only members of the bar can appear and handle cases in court and as an exception
to the general rule, the following are also allowed in exceptional circumstances:

a. Law students pursuant to the Revised Law Student Practice Rule (Rule 138-A)
b. By an agent/friend; Pursuant to Sec. 34, Rule 138, RoC, in any court, a party may conduct his litigation
in person. Before the MTC – A party may conduct his case or litigation in person with the aid of an
agent or friend appointed by him.
c. By the litigant himself pursuant to Article 222 of the Labor Code which allows non-lawyers to appear
before the NLRC or any Labor Arbiter if (a) they represent themselves, or (b) they represent their
organizations members.

Who are the public official that are not allowed to engage in the private practice of law?

Absolute prohibition on public officials who cannot practice law:

a. Judges and other officials or employees of superior courts as [Sec. 35, Rule 148, Rules of Court];
b. Officials and employees of the Office of the Solicitor General [Sec. 35, Rule 148, Rules of Court];
c. Government prosecutors [Lim-Santiago v. Sagucio, A.C. No. 6705 (2006)];
d. President, vice-president, cabinet members, their deputies and assistants [Sec. 15, Art. VII, 1987
Constitution];
e. Chairmen and members of constitutional commissions [Sec. 2, Art. IX-A, 1987 Constitution];
f. Members of the Judicial and Bar Council [Sec. 2, Art. IX-A, 1987 Constitution];
g. Ombudsman and his deputies [par. 2, Sec. 8 (2), Art. X, 1987 Constitution];
h. All governors, city and municipal mayors [Sec. 90(a), R.A. No. 7160];
i. Civil service officers or employees whose duties require them to devote their entire time at the
disposal of the government [Catu v. Rellosa, A.C. No. 5738 (2008)];
j. Those who, by special law, are prohibited from engaging in the practice of their legal profession.

Relative prohibition on public officials who can practice law with restrictions:

a. No senator or member of the House of Representatives may personally appear as counsel before
any court of justice or before the Electoral Tribunals, or quasi- judicial and other administrative
bodies [Sec. 14, Art. VI, 1987 Constitution]

The word “appearance” includes not only arguing a case before any such body, but also
filing a pleading on behalf of a client [Ramos v. Manalac, G.R. No. L-2610 (1951)].
 Neither can he allow his name to appear in the pleading as part of a firm name, because
the office of an attorney being originally of agency, amounts to the signing of a non- qualified
senator or congressman [In Re: David, AM No. 98 (1953)].

b. Sanggunian members may practice law except during session hours and provided they shall not:
-Appear as counsel before any court in any civil case wherein a local government unit or any
office, agency, or instrumentality of the government is the adverse party;
-Appear as counsel in any criminal case wherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office;
-Collect any fee for their appearance in administrative proceedings involving the local government
unit of which he is an official; and
-Use property and personnel of the government except when the sanggunian member concerned
is defending the interest of the government [Sec. 90(b), R.A. No. 7160].

c. Under Sec. 1, R.A. No. 910, the pension of justices therein is provided with a condition that no
retiring justice, during the time that he is receiving said pension shall:
-Appear as counsel before any court in any civil case wherein the Government or any subdivision
or instrumentality thereof is the adverse party;
-In any criminal case wherein and officer or employee of the government is accused of an offense
committed in relation to his office; or
-Collect any fee for his appearance in any administrative proceedings to maintain an interest
adverse to the Government, insular, provincial or municipal, or to any of its legally constituted
officers.

There are civil employees whose duty do not require that their entire time be at the disposal of
the government. Absent any express prohibition in law, they can practice law, provided they secure a
written permit from their department head [Zeta v. Malinao, AM. No P-220(1978)].

What is the so called “limited practice” of law? What are the imposable restrictions/limitations on it?

Limited practice of law is the Relative prohibition on public officials who can practice law with
restrictions. The impossible restrictions/limitations are as follows:

1. No senator or member of the House of Representatives may personally appear as counsel

2. Sanggunian members may practice law except during session hours and provided they shall not:
a. Appear as counsel before any court in any civil case wherein a local government unit or any
office, agency, or instrumentality of the government is the adverse party;
b. Appear as counsel in any criminal case wherein an officer or employee of the national or
local government is accused of an offense committed in relation to his office;
c. Collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and
d. Use property and personnel of the government except when the sanggunian member
concerned is defending the interest of the government [Sec. 90(b), R.A. No. 7160].
 3. Under Sec. 1, R.A. No. 910, the pension of justices therein is provided with a condition that no
retiring justice, during the time that he is receiving said pension shall:
a. Appear as counsel before any court in any civil case wherein the Government or any
subdivision or instrumentality thereof is the adverse party;
b. In any criminal case wherein and officer or employee of the government is accused of an
offense committed in relation to his office; or
c. Collect any fee for his appearance in any administrative proceedings to maintain an interest
adverse to the Government, insular, provincial or municipal, or to any of its legally
constituted officers.

There are civil employees whose duty do not require that their entire time be at the disposal of
the government. Absent any express prohibition in law, they can practice law, provided they secure a
written permit from their department head [Zeta v. Malinao, AM. No P-220(1978)].

Is advertising of one’s legal services allowed (Philippines setting)? How should one advertise his/her legal
services?

Yes. The allowable advertisements of a lawyer in advertising his or her legal services are as
follows:
1. Ordinary simple professional card;
2. Publication in reputable law list with brief biographical and other informative data which may
include:
a. Name;
b. Associates;
c. Address;
d. Phone numbers;
e. Branches of law practiced;
f. Birthday;
g. Day admitted to the bar;
h. Schools and dates attended;
i. Degrees and distinctions;
j. Public or quasi-public offices;
k. Posts of honor;
l. Legal authorships;
m. Teachingpositions;
n. Associations;
o. Legal fraternities and societies;
p. References and regularly represented clients must be published for that purpose [Ulep v.
The Legal Clinic, Inc., supra].
3. Publication of simple announcement of opening of law firm, change of firm;
4. Listing in telephone directory but not under designation of special branch of law;
5. If acting as an associate (specializing in a branch of law), may publish a brief and dignified
announcement to lawyers (law list, law journal);
6. If in media, those acts incidental to his practice and not of his own initiative;
7. Writing legal articles;
8. Activity of an association for the purpose of legal representation.
 The law list must be a reputable law list published primarily for that purpose; it cannot be a mere
supplemental feature of a paper, magazine, trade journal or periodical which is published primarily for
other purposes.

You are a member of an open group page in Facebook named “Free Legal Aid Group”. The members of
FLAG are lawyers–such as yourself - law students, and lay persons who usually ask legal questions and legal
advices. You read a post of a member saying that his family is being evicted from their boarding house
because they failed to pay rent for 2 months already. He is asking for advice on what to do on his problem.
Will you give legal advice to that problematic member?
If you decide to give your legal advice, how will you give your advice and what will be your advice without
violating proscriptions set forth in the Code of Professional Responsibility?

Yes. I will give legal advice to that member. If I am the lawyer or a member to that group, I shall not
refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter’s
rights. Although no lawyer-client relationship is created between us, I am still bound to give legal advice to
the defenseless and oppressed to protect rights.

If I decided to give legal advice it will be on what preliminary steps to take until he has secured the
services of counsel. However, If I am the lawyer, I shall refrain from giving legal advice if the reason for not
accepting the case is that there is a conflict of interest between him and a prospective client or between a
present client and a prospective client.

I will advise him that as a rule, a property owner or landlord cannot evict a tenant immediately
without delivering three day notice and if the tenant fails to pay for three consecutive months, the
landlord has the right to sue the tenant.

However, since we are in pandemic, the Malacañang said that the total amount of commercial
and residential rents that fall due within the duration of the coronavirus lockdown may be paid in
installment for six months pursuant to the DTI guidelines for payments for residential and commercial
rents amid the COVID-19 pandemic.