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Legal Profession Midterm Reviewer: “Caveat Lector” Chapter 5 Admission to Practice Who has the power to

Legal Profession

Midterm Reviewer: “Caveat Lector”

Chapter 5 Admission to Practice

Who

has

the

power to

practice of Law?

regulate the

Bar admission requirements:

  • 1. Citizen of the Philippines

  • 2. At least 21 years old

  • 3. Of good moral character

  • 4. A resident of the Philippines

The Supreme Court is vested with the power

  • 5. Must produce before the SC

of control and regulation of

law

and

in

satisfactory evidence of his good moral

general, exercises overall supervision of the legal profession

character and no charges against him, involving moral turpitude, have been filed or are pending in any court of the

The

power to

regulate the

practice of law

Philippines

must be exercised by

a

sound and judicial

discretion,

whereby

the

rights

and

Additional:

independence of the

bar

may

be

as

  • 6. Pass the bar exams

scrupulously guarded and maintained by the

  • 7. Take the lawyers’ oath

rights and dignity of

the court

  • 8. Sign in the roll of attorneys

court as the itself

  • 9. Receive a certificate from the Clerk of the SC of his license to practice

Par.5, Sec. 5, Art. VIII of the Constitution provides that:

The Supreme Court has the power, among others, to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged.

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 substantive rights

Allowed to practice law:

  • 1. Natural persons – due to trust in ACR

  • 2. Filipino citizens – based on public policy

Exception to nationality rule:

Section 3 Rule 138

Citizens of the US who, BEFORE JULY 4,1946, were duly licensed members of the Philippine Bar, in active practice in the courts and in good and regular standing as such, may upon satisfactory proof of these facts before the SC, be ALLOWED to continue such practice AFTER TAKING THE OATH OF OFFICE

The Congress, in the exercise of its police power, may however, enact laws regulating

Chapter VI Bar Examinations Subjects:

the practice of law to protect the public and

  • 1. Political law 15%

promote the public welfare

  • 2. Labor law 10%

  • 3. Civil law 15%

Section 1, Rule 138 of the Rules of Court:

  • 4. Taxation 10%

Any person who has been duly licensed as a

  • 5. Commercial 15%

member of the bar and who is in good and

  • 6. Criminal 10%

regular standing is entitled to practice law

  • 7. Remedial 20%

1 st Semester A.Y. 2010-2011

“That in all things, God may be glorified!”

  • 8. Legal Ethics 5%

8. Legal Ethics 5% Legal Profession Midterm Reviewer: “Caveat Lector” 1 Semester A.Y. 2010-2011 “That in

Legal Profession

Midterm Reviewer: “Caveat Lector”

1 st Semester A.Y. 2010-2011

“That in all things, God may be glorified!”