Q: What constitutes practice of law?

A: Practice of law means any activity, in or out of court,

which requires the application of law, legal procedure,
knowledge, training, and experience. To engage in the
practice of law is to perform those acts which are
characteristics of the profession. Generally, to practice law 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, G.R. No. 100113, Sept. 3,
1991)
Practice of law need not be habitual serices in liti!ations in
court. person!s past work experiences as lawyer"
economist, lawyer"manager, lawyer"entrepreneur of
industry, lawyer"negotiator of contracts, and lawyer"
legislator more than satisfy the constitutional requirement
for appointment as #hairman of the #$%&'&# that he has
(een en!a!ed in the actie practice of law for at least ten
"ears. (Cayetano v Monsod)
Ulep vs. Legal Clinic Inc. 223 SCRA 378 (1993
)))*n the practice of his profession, a licensed attorney"at"
law generally engages in three principal t"pes of
professional actiities#
1. legal advice and instructions to clients to inform them of
their rights and o(ligations
2. preparation for clients of documents requiring knowledge
of legal principles not possessed (y ordinary layman+ and
3. appearance for clients (efore pu(lic tri(unals which
possess power and authority to determine rights of life,
li(erty and property according to law, in order to assist in
the proper interpretation and enforcement of law.
WHY IS IT NECESSARY TO ETER!INE WHETHER OR
NOT AN ACTI"ITY IS #NER THE E$INITION O$
%RACTICE O$ &AW?
,o as to determine whether the conduct or act of a party is
su(-ect to the rules on legal ethics and thus can (e
regulated (y the ,upreme #ourt.
Q: What 'oes the ter( )practicin* law+er, inclu'e?
A: *t includes.
/. Government employees and incum(ent elective o0cials
not allowed (y law to practice.
1. 'awyers who (y law are not allowed to appear in court+
2. ,upervising lawyers of students enrolled in law student
practice in duly accredited legal clinics of law schools and
lawyers of 3on"Government $rgani4ations 53G$s6 and
People!s $rgani4ations 5P$s6 who (y the nature of their work
already render free legal aid to indigent and pauper litigants+
and
7. 'awyers not covered under su(paragraphs 5i6 to 5iii6 (of
Sec. $, %.&. '01') including those who are employees in the
private sector (ut do not appear for and in (ehalf of parties
in courts of law and (uasi"-udicial agencies.
CANON -. C%R
/ A &AWYER SHA&& #%HO& THE CONSTIT#TION. O0EY
THE &AWS O$ THE &AN. AN %RO!OTE RES%ECT $OR
&AW AN $OR &E1A& %ROCESSES2
Note: The lawyer!s duty to uphold the #onstitution, the laws
and the rule of law is imposed upon him at the very moment
he (ecomes a lawyer after reciting the lawyer!s oath of
o0ce.
lawyer!s oath to uphold the cause of -ustice is superior to
his duty to his client+ its primacy is indisputa(le.
CANON -. C%R
/ A &AWYER SHA&& #%HO& THE CONSTIT#TION. O0EY
THE &AWS O$ THE &AN. AN %RO!OTE RES%ECT $OR
&AW AN $OR &E1A& %ROCESSES2
Q2 %eter onton 3le' a co(plaint a*ainst Att+2
E((anuel Tansin*co an' others. as the notar+ pu4lic
who notari5e' the Occupanc+ A*ree(ent. for esta!a
thru falsi3cation of pu4lic 'ocu(ent2
Att+2 Tansin*co in his co(plaint state' that he
prepare' an' notari5e' the Occupanc+ A*ree(ent at
the re6uest of !r2 Stier. an owner an' lon*/ti(e
resi'ent of a real propert+ locate' at Cu4ao. Que5on
Cit+2 Since !r2 Stier is a #2S2 Citi5en an' there4+
'is6uali3e' to own real propert+ in his na(e. he
a*ree' that the propert+ 4e transferre' in the na(e
of !r2 onton. a $ilipino2
onton a7erre' that Att+2 Tansin*co8s act of
preparin* the Occupanc+ A*ree(ent. 'espite
9nowle'*e that Stier is a forei*n national. constitutes
serious (iscon'uct an' is a 'eli4erate 7iolation of the
Co'e2 onton pra+e' that Att+2 Tansin*co 4e
'is4arre'2 Is Att+2 Tansin*co *uilt+ of serious
(iscon'uct?
. 8es. tty. Tansingco is lia(le for violation of #anon / and
9ule /.:1 of the #ode.
lawyer should not render any service or give advice to any
client which will involve de;ance of the laws which he is
(ound to uphold and o(ey.
tty. Tansingco had sworn to uphold the #onstitution. Thus,
he violated his oath and the #ode when he prepared and
notari4ed the $ccupancy greement to evade the law
against foreign ownership of lands. tty. Tansingco used his
knowledge of the law to achieve an unlawful end. ,uch an
act amounts to malpractice in his o0ce, for which he may (e
suspended. 5"onton v. Atty. #ansingco, ).*. No. +0,-,
.une '-, '00+6
R$le 1.%1& Canon 1& C'R( A la)ye* s+all not engage in
$nla)!$l& dis+onest& i,,o*al o* deceit!$l cond$ct.
mem(er of the (ar may (e removed or suspended from
o0ce as an attorney for any deceit, malpractice, or
misconduct in o0ce. /he word 0conduct0 used in the rules is
not li1ited to conduct e2hibited in connection with the
perfor1ance of the law"er3s professional duties but it also
refers to an" 1isconduct, althou!h not connected with his
professional duties, that would show hi1 to be un4t for the
o5ce and unworth" of the priile!es which his license and
the law confer upon hi1. The grounds expressed in Section
:;. Rule -<=. of the Rules of Court are not limitative and
are (road enough to cover any misconduct, including
dishonesty, of a lawyer in his professional or private
capacity. ,uch misdeed puts his moral ;(er, as well as his
;tness to continue in the advocacy of law, in serious dou(t.
tty<s issuance of worthless checks and his contumacious
refusal to comply with his -ust o(ligation for years is
appalling and hardly deserves compassion from the #ourt.
Q: What are the acts which 'o not constitute *ross
i((oralit+?
/. ,tealing a kiss from a client 5dvincula v. %aca(ata, .#.
3o. =1:7, %arch =, 1::=6
1. 'ive"in relationship involving two unmarried persons
2. >ailure to pay a loan
" lawyer may not (e disciplined for failure to pay a loan.
The proper remedy is the ;ling of an action for collection of a
sum of money in regular courts 5Toledo v. (alos, .#. 3o.
?/7/, ,eptem(er 1@, /@@@6
&xception. deli(erate failure to pay -ust de(ts and the
issuance of worthless checks 5'ao v. %edel, .#. 3o. ?@/A
Buly /, 1::26
Q: i>erentiate (oralit+ fro( i((oral con'uct an'
*rossl+ i((oral con'uct2
A: &oralit" as understood inI,,o*al cond$ct has (een
law is a human standard
(ased on natural moral law
which is em(odied in man!s
conscience and which guides
him to do good and avoid evil.
de;ned as that conduct which
is willful, Cagrant, or
shameless and which shows a
1oral indi6erence to the
opinion of the !ood and
respectable 1e1bers of the
co11unit" ()rci!a .
&aniwan!, ).&. No. 1+07,
)u!. 1$, 1971).
Q: Att+2 &lorente an' Att+2 Sala+on were election
o?cers of the CO!E&EC2 The+ helpe' con'uct an'
o7ersee the -@@A elections2 Then Senatorial
can'i'ate %i(entel. Br2 alle*e' that Att+2 &lorente an'
Att+2 Sala+on ta(pere' with the 7otes recei7e' 4+
hi(2 %i(entel Br2 3le' an a'(inistrati7e co(plaint for
their 'is4ar(ent2 The two law+ers ar*ue' that the
'iscrepancies were 'ue to honest (ista9e. o7ersi*ht
an' fati*ue2 The+ also ar*ue' that the I0% 0oar' of
1o7ernors ha' alrea'+ eConerate' the( fro( an+
o>ense an' that the (otion for reconsi'eration 3le'
4+ %i(entel Br2 was not 3le' in ti(e2 Are Att+s2
&lorente an' Sala+on *uilt+ of 7iolatin* the Co'e of
%rofessional Responsi4ilities?
A: 8es. tty. 'lorente and tty. ,alayon do not dispute the
fact that massive irregularities attended the canvassing of
the Pasig #ity election returns. The only explanation they
could oDer for such irregularities is that the same could (e
due to honest mistake, human error, andEor fatigue on the
part of the mem(ers of the canvassing committees who
prepared the ,tatements of Fotes 5,$Fs6. There is a limit, we
(elieve, to what can (e construed as an honest mistake or
oversight due to fatigue, in the performance of o0cial duty.
Gere, (y certifying as true and correct the ,oFs in question,
tty. 'lorente and tty. ,alayon committed a (reach of 9ule
/.:/ of the #ode which stipulates that a lawyer shall not
engage in unlawful, dishonest, immoral or deceitful
conduct. Hy express provision of #anon A, this is made
applica(le to lawyers in the government service. *n addition,
they likewise violated their oath of o0ce as lawyers to do
no falsehood. ('i,entel& -*. v. Atty. Llo*ente and Atty.
Salayon& A.C. .o. /08%& A$g. 29& 2%%%
Q: An a'(inistrati7e co(plaint for 'is4ar(ent
a*ainst Att+2 Iris was 3le' for alle*e'l+ carr+in* an
i((oral relationship with Carlos. hus4an' of
co(plainant &eslie2 Att+2 Iris conten'e' that her
relationship with Carlos is licit 4ecause the+ were
(arrie'2 An' when she 'isco7ere' Carlos8 true ci7il
status she cut o> all her ties with hi(2
Is Att+2 Iris *uilt+ of co((ittin* *ross i((oral
con'uct warrantin* her dis(arment?
. 3o, her relationship with #arlos, clothed as it was with
what tty. *ris (elieved was a valid marriage, cannot (e
considered immoral. 811oralit" connotes conduct that
shows indi6erence to the 1oral nor1s of the co11unit".
%oreover for such conduct to warrant disciplinary action, the
same must (e grossly immoral, that is it must (e so
corrupt and false as to constitute a criminal act or so
unprincipled as to (e reprehensi(le to a high degree. tty.
*ris! act of immediately distancing herself from #arlos upon
discovering his true civil status (elies that alleged moral
indiDerence and proves that she had no intention of
Caunting the law and the high moral standard of the legal
profession. (9i . )tt" %onifacio, ).*. No. 3319, .une 7, '000)
R$le 1.%2& Canon 1& C'R 1 A la)ye* s+all not co$nsel
o* a2et activities ai,ed at de3ance o! t+e la) o* at
lessening con3dence in t+e legal syste,.
Q: Att+2 Asilo. a law+er an' a notar+ pu4lic. notari5e'
a 'ocu(ent alrea'+ prepare' 4+ spouses Ro*er an'
&uisa when the+ approache' hi(2 It is state' in the
'ocu(ent that Ro*er an' &uisa for(all+ a*ree' to
li7e separatel+ fro( each other an' either one can
ha7e a li7e/in partner with full consent of the other2
What is the lia4ilit+ of Att+2 Asilo. if an+?
. tty. silo may (e held administratively lia(le for violating
9ule /.:1 of the #P9 " a lawyer shall not counsel or a(et
activities aimed at de;ance of the law or at lessening
con;dence in the legal system. n agreement (etween two
spouses to live separately from each other and either one
could have a live"in partner with full consent of the other, is
contrary to law and morals. The rati;cation (y a notary
pu(lic who is a lawyer of such illegal or immoral contract or
document constitutes malpractice or gross misconduct in
o0ce. Ge should at least refrain from its consummation.
R$le 1.%3& Canon 1& C'R 1 A la)ye* s+all not& !o* any
co**$pt ,otive o* inte*est& enco$*age any s$it o*
p*oceeding o* delay any ,an4s ca$se.
Note: imed against the practice of (arratry, stirring up
litigation and am(ulance chasing.
R$le 1.%/& Canon 1& C'R 1 A la)ye* s+all enco$*age
+is clients to avoid& end o* settle a cont*ove*sy i! it
)ill ad,it o! a !ai* settle,ent.
Q: Bon 'e Ysasi III was e(plo+e' 4+ his father. in their
far( in Ne*ros Occi'ental2 urin* the entire perio' of
Bon 'e Ysasi IIIDs illnesses. his father too9 care of his
(e'ical eCpenses an' Bon 'e Ysasi III continue' to
recei7e co(pensation2 Howe7er. later on. without 'ue
notice. his father cease' to pa+ Bon 'e Ysasi III8s
salar+2 Bon 'e Ysasi III (a'e oral an' written 'e(an's
fro( Att+2 Su(4in*co EBon 'e YsasiDs au'itor an' le*al
a'7iserF for an eCplanation for the su''en
withhol'in* of his salar+. as well as for the
re(ittance of his salar+2 0oth 'e(an's. howe7er.
were not acte' upon2 Bon 'e Ysasi III 3le' a case in
court2 Can the law+ers who ha7e 4een e(plo+e' 4+
the parties 4e a'(onishe' for not tr+in* to reconcile
the parties 4efore the 3lin* of suit?
. 8es. The conduct of the respective counsel of the parties,
as revealed (y the records, sorely disappoints the #ourt and
invites reproof. Hoth counsels may well (e reminded that
their ethical duty as lawyers to represent their clients with
4eal goes (eyond merely presenting their clients< respective
causes in court. *t is -ust as much their responsi(ility, if not
more importantly, to exert all reasona(le eDorts to smooth
over legal conCicts, prefera(ly out of court and especially in
consideration of the direct and i11ediate consan!uineous
ties between their clients. $nce again, the useful function of
a lawyer is not only to conduct litigation (ut to avoid it
whenever possi(le (y advising settlement or withholding
suit. Ge is often called upon less for dramatic forensic
exploits than for wise counsel in every phase of life. :e
should be a 1ediator for concord and a conciliator for
co1pro1ise, rather than a irtuoso of technicalit" in the
conduct of liti!ation.
9ule /.:7 of the #ode of Professional 9esponsi(ility explicitly
provides that Ia lawyer shall encourage his client to avoid,
end or settle the controversy if it will admit of a fair
settlement.I ("e 5sasi v. .LRC& 6.R. .o. 1%/799& Ma*.
11& 199/
CANON :. C%R
/ A &AWYER SHA&& !AGE HIS &E1A& SER"ICES
A"AI&A0&E IN AN E$$ICIENT AN CON"ENIENT
!ANNER CO!%ATI0&E WITH THE INE%ENENCE.
INTE1RITY AN E$$ECTI"ENESS O$ THE %RO$ESSION2
R$le 2.%1& Canon 2& C'R 1 A la)ye* s+all not *e8ect&
e9cept !o* valid *easons& t+e ca$se o! t+e de!enseless
o* t+e opp*essed.
Rationale: *t is the lawyer!s prime duty to see to it that
-ustice is accorded to all without discrimination.
Q: Who are consi'ere' efenseless?
. Jefenseless are those are not in a position to defend
themselves due to poverty, weakness, ignorance or other
similar reasons.
Q: Who are consi'ere' Oppresse'?
. $ppressed are those who are the victims of the cruelty,
unlawful, exaction, domination or excessive use of authority.
3ote. Hy speci;c authority the court may appoint an
attorney to render professional aid to a destitute appellant in
a criminal case who is una(le to employ an attorney.
#orrespondingly a duty is imposed upon a lawyer so
assigned to render the required service. lawyer so
appointed as counsel for an indigent prisoner, the #anons of
Professional &thics demands, should always exert his (est
eDorts in the indigent!s (ehalf. (People . ;stebia, G.R. No.
<= '+7+7, >eb. '-, 19+9)
The ina(ility to pay for legal services is not a valid reason to
refuse acceptance of a case. This is (ecause the profession
is a (ranch of the administration of -ustice and not a mere
money"getting trade. (*PR )nnotated, Phil.))
3ote. lawyer who accepts the cause of a person una(le to
pay his professional fees shall o(serve the same standard of
conduct governing his relation with paying client.
'&G' *J *, 3$T %TT&9 $> #G9*T8, HKT PKH'*#
9&,P$3,*H*'*T8. *t is a means for the correction of social
im(alance that may and often do lead to in-ustice, for which
reason it is the pu(lic responsi(ility of the Har.
R#&E ON !ANATORY &E1A& AI SER"ICE $OR
%RACTICIN1 &AWYERS
Q: What is the rule on !an'ator+ &e*al Ai' Ser7ice?
A: The mandatory 'egal id ,ervice mandates every
practicing lawyer to render a minimum of A: hours of free
legal aid services to indigent litigants yearly.
Q: What is the purpose of the rule?
A: The rule seeks to enhance the duty of lawyers to society
as agents of social change and to the courts as o0cers
thereof (y helping improve access to -ustice (y the less
privileged mem(ers of society and expedite the resolution of
cases involving them. %andatory free legal service (y
mem(ers of the (ar and their active support thereof will aid
the e0cient and eDective administration of -ustice especially
in cases involving indigent and pauper litigants. 5Sec. ', %.&.
No. '01'6
Q: Who are these in'i*ent an' pauper liti*ants?
A: Knder ,ection /@, 9ule /7/, 9ules of #ourt, *ndigent
litigants are those.
/. Lhose gross income and that of their immediate family do
not exceed an amount dou(le the monthly minimum wage of
an employee+ and
1. Lho do not own real property with a fair 1ar?et alue as
stated in the current ta2 declaration of more than three
hundred thousand 5P2::,:::.::6 pesos shall (e exempt from
the payment of legal fees
Note: party may (e authori4ed to litigate his action, claim
or defense as an indigent if the court upon an e2=parte
application and hearing, is satis;ed that the party is one who
has no money or property su0cient and availa(le for food,
shelter and (asic necessities for himself and his family.
5Section '1, Rule 3, RR*6
Q: What 'oes le*al ai' cases inclu'e?
A: *t includes actions, disputes, and controversies that are
criminal, civil and administrative in nature in whatever stage
wherein indigent and pauper litigants need legal
representation. 5Sec. $@cA, %. &.'01'6
Q: What are free le*al ai' ser7ices?
A: >ree le!al aid serices refer to appearance in court or
quasi"-udicial (ody for and in (ehalf of an indigent or pauper
litigant and the preparation of pleadings or motions. *t shall
also cover assistance (y a practicing lawyer to indigent or
poor litigants in court"annexed mediation and in other
modes of alternative dispute resolution 5J96. ,ervices
rendered when a practicing lawyer is appointed counsel de
o4cio shall also (e considered as free legal aid services and
credited as compliance under the 9ule. (Sec. $@dA, %.&.
'01')
Q: What are the re6uire(ents for (an'ator+ le*al ai'
ser7ice?
A: Knder the 9ule, a practicing lawyer, among others, shall
coordinate with the #lerk of #ourt or the 'egal id
#hairperson of one!s *ntegrated Har of the Philippines 5*HP6
#hapter for cases where the lawyer may render free legal
aid service.
/. &very practicing lawyer is required to render a minimum
of A: hours of free legal aid services to indigent litigants in a
year. ,aid A: hours shall (e spread within the period of /1
months, with a minimum of ? hours of free legal aid services
each month. Gowever, where it is necessary for the
practicing lawyer to render legal aid service for more than ?
hours in one month, the excess hours may (e credited to the
said lawyer for the succeeding periods. (Sec. ,@aA 4rst par.,
%.&. '01')
Note: >or this purpose, a practicing lawyer shall coordinate
with the #lerk of #ourt for cases where he may render free
legal aid service. Ge may also coordinate with the *HP 'egal
id #hairperson of the *HP #hapter to inquire a(out cases
where he may render free legal aid service. *n this
connection, the *HP 'egal id #hairperson of the *HP #hapter
shall regularly and actively coordinate with the #lerk of
#ourt. (Sec. ,@aA second par., %.&. '01')
1. The practicing lawyer shall report compliance with the
requirement within /: days of the last month of each quarter
of the year. (Sec. ,@aA third par., %.&. '01')
2. practicing lawyer shall (e required to secure and o(tain
a certi;cate from the #lerk of #ourt attesting to the num(er
of hours spent rendering free legal aid services in a case.
5Sec. ,@bA %.&. '01')
7. ,aid compliance report shall (e su(mitted to the 'egal id
#hairperson of the *HP #hapter within the #ourt!s
-urisdiction. (Sec. ,@cA %.&. '01')
?. The *HP chapter shall, after veri;cation, issue a
compliance certi;cate to the concerned lawyer. The *HP
#hapter shall also su(mit compliance reports to the *HP!s
3ational #ommittee on 'egal id 53#'6 for recording and
documentation. The su(mission shall (e made within forty"
;ve 57?6 days after the mandatory su(mission of compliance
reports (y the practicing lawyers. 5Sec. ,@dA %.&. '01'6
A. Practicing lawyers shall indicate in all pleadings ;led
(efore the courts or quasi"-udicial (odies the num(er and
date of issue of their certi;cate of compliance for the
immediately preceding compliance period. 5Sec ,@eA %.&.
'01'6
Q: What is the sanction in case of non/co(pliance of
the rule on (an'ator+ le*al ai' ser7ice?
/. t the end of every calendar year, any practicing lawyer who
fails to meet the minimum prescri(ed A: hours of legal aid service
each year shall (e required (y the *HP, through the 3ational
#ommittee on 'egal id 53#'6, to explain why he was una(le to
render the minimum prescri(ed num(er of hours.
1. *f no explanation has (een given or if the 3#' ;nds the
explanation unsatisfactory, the 3#' shall make a report and
recommendation to the *HP Hoard of Governors that the erring
lawyer (e declared a mem(er of the *HP who is not in good
standing.
2. Kpon approval of the 3#'!s recommendation, the *HP Hoard of
Governors shall declare the erring lawyer as a mem(er not in
good standing.
7. The notice to the lawyer shall include a directive to pay
P7,:::.:: penalty which shall accrue to the special ;nd for the
legal aid program of the *HP.
?. The not in good standing declaration shall (e eDective for a
period of 2 months from the receipt of the erring lawyer of the
notice from the *HP Hoard of Governors.
A. Juring the said period, the lawyer cannot appear in court or
any quasi"-udicial (ody as counsel.
=. Provided, however, that the not in good standing status shall
su(sist even after the lapse of the 2"month period until and
unless the penalty shall have (een paid.
M. ny lawyer who fails to comply with his duties under this 9ule
for at least 2 consecutive shall (e the su(-ect of disciplinary
proceedings to (e instituted 1otu proprio (y the #ommittee on
Har Jiscipline.(Sec. -, %.&. '01')
R2A2 NO2 @@@@: AN ACT %RO"IIN1 A !ECHANIS! $OR
$REE &E1A& ASSISTANCE AN $OR OTHER %#R%OSES
Note: $therwise known as the >ree 'egal ssistance ct of
1:/:. (Sec. 1, R.). 9999)
Q: What are the purposes of R2A2 No2 @@@@?
/. &ncourage lawyers and professional partnerships to provide
free legal assistance
1. ,olicit the assistance of lawyers and professional partnerships
in the private practice of law in providing quality legal assistance
to indigent litigants through a system of tax incentives
2. Provide relief to the Pu(lic ttorney!s $0ce 5P$6 and other
associations accredited (y the ,upreme #ourt from the numerous
cases it handles
7. Provide indigent litigants the opportunity to acquire the
services of the distinguished law ;rms and legal practitioners of
the country for free
?. &nsure that the right of every individual to counsel as
mandated in the #onstitution is protected and o(served
Q: How are the ser7ices a7aile' of?
A: P$, Jepartment of Bustice 5J$B6 and other legal aid clinics
accredited (y the ,upreme #ourt shall refer pauper litigants to
identi;ed lawyers and professional partnerships.
P$, J$B or the accredited legal aid clinic shall issue a
certi;cation that services were rendered (y the lawyer or the
professional partnership under this act. The certi;cation shall
include the cost of the actual services given.
:( ;+at a*e t+e incentives given to la)ye*s *ende*ing !*ee
legal se*vices<
A: lawyer or professional partnerships rendering actual free
legal services, as de;ned (y the ,upreme #ourt, shall (e entitled
to an allowa(le deduction from the gross income, the amount that
could have (een collected for the actual free legal services
rendered or up to ten percent 5/:N6 of the gross income derived
from the actual performance of the legal profession, whichever is
lower. Provided, That the actual free legal services herein
contemplated shall (e exclusive of the minimum sixty 5A:6"hour
mandatory legal aid services rendered to indigent litigants as
required under the 9ule on %andatory 'egal id ,ervices for
Practicing 'awyers, under H9 %atter 3o. 1:/1, issued (y the
,upreme #ourt. (Sec. ,, R.). 9999)
Q: What are the salient features of R2A2 No2 @@@@?
/. The law will allow indigent litigants to acquire the services of
renowned lawyers and law ;rms for free
1. *n exchange for the services rendered (y the lawyer or the law
;rm, they will (e given tax incentives equivalent to the cost of the
services rendered to the indigent litigant
2. *t will help relieve the Pu(lic ttorney!s $0ce 5P$6 of its
numerous case load involving indigent litigants who shall (e
referred to lawyers or law ;rms in the private practice
7. *t should entice renowned and distinguished ;rms and lawyers
in the practice as their services shall still (e compensated
commensurately through the tax incentives
R$le 2.%2& Canon 2& C'R 1 In s$c+ cases& even i! t+e la)ye*
does not accept a case& +e s+all not *e!$se to *ende* legal
advice to t+e pe*son conce*ned i! only to t+e e9tent
necessa*y to sa!eg$a*d t+e latte*4s *ig+ts.
R$le 2.%3& Canon 2& C'R 1 A la)ye* s+all not do o* pe*,it
to 2e done any act designated p*i,a*ily to solicit legal
2$siness.
Note: The (est type of advertisement for a lawyer is a well"
deserved reputation for competence, honestly and ;delity to
private trust and pu(lic duty.
Q: Are a'7ertise(ents of law+ers an' law 3r(s allowe' in
%hilippine Huris'iction?
1R: 3o advertisements allowed. The most worthy and eDective
advertisement possi(le is the esta(lishment of a well"merited
reputation for professional capacity and ;delity to trust.
Note: 'awyers may not advertise their services or expertise nor
should they resort to indirect advertisements for professional
employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to (e pu(lished in
connection with causes in which the lawyer has (een engaged or
concerning the manner of their conduct, the magnitude of the
interest involved, the importance of the lawyer<s position, and all
other self"laudation.
I%N: &E%O/&A0AN/%
/. 9eputa(le &aw lists, in a manner consistent with the standards
of conduct imposed (y the canons, of (rief (iographical and
informative data, are allowed.
1. dvertisements or simple announcement of the Existence of a
lawyer or his law ;rm posted anywhere it is proper such as his
place of (usiness or residence except courtrooms and
government (uildings.
2. $rdinary simple %rofessional #ard. *t may contain only a
statement of his name, the name of the law ;rm which he is
connected with, address, telephone num(er and the special
(ranch of law practiced.
7. simple announcement of the Opening of a law ;rm or of
changes in the partnership, associates, ;rm name or o0ce
address, (eing for the convenience of the profession, is not
o(-ectiona(le.
?. dvertisements or announcement in any &egal pu(lication,
including (ooks, -ournals, and legal maga4ines and in telephone
directories. (9lep . <e!al *linic, 8nc., %.&. No. ,,3, .une 1-, 1993)
A. Lriting legal Articles
=. &ngaging in 0usiness and other occupations except when such
could (e deemed improper, (e seen as indirect solicitation or
would (e the equivalent of a law practice
M. Activity of an association for the purpose of legal
representation.
@. Notice to other local lawyers and pu(lishing in a legal -ournal of
one!s availa(ility to act as an associate for them
/:. Seeking a %u(lic o0ce. which can only (e held (y a lawyer or,
in a digni;ed manner, a position as a full time corporate counsel
//. 'isting in a phone irectory, (ut not under a designation of a
special (ranch of law.
Q: What is the rationale for the prohi4ition on
a'7ertise(ents?
/. The profession is primarily for pu(lic service+
1. #ommerciali4es the profession
2. *nvolves self"praise and pu0ng
7. Jamages pu(lic con;dence
?. %ay increase lawsuits and result in needless litigation
Note: *t is highly unethical for an attorney to advertise his talents
or skill as a merchant advertises his wares. (In *e( #ago*da& 73
'+il /2& Ma*. 23& 1929
R$le 2.%/& Canon 2&C'R 1 A la)ye* s+all not c+a*ge *ates
lo)e* t+an t+ose c$sto,a*ily p*esc*i2ed $nless t+e
ci*c$,stances so )a**ant.
Q: Can the le*islature enact laws to re*ulate the practice
of the law?
A: 3o. *t is noteworthy that unlike the /@2? and /@=2
#onstitution, the /@M= #onstitution no longer provides for the
power of the legislature to repeal, alter and supplement the 9ules
promulgated (y the ,upreme #ourt.
:oweer, the legislature, in the exercise of police power may
enact laws regulating the practice of law to protect the pu(lic and
promote pu(lic welfare.
Note: The legislature may not pass a law that will control the ,#
in the performance of its functions to decide who may en-oy the
privilege of practicing law and any law of that kind is
unconstitutional (eing an invalid exercise of legislative power. (In
Re( C$nanan& Resolution, &ar. 17, 19,$)
!a+ the le*islature enact laws to re*ulate the practice of
law?
Generally, the legislature cannot enact laws to regulate the
practice of law. The 'egislature, in the exercise of its police power,
may however, enact laws regulating the practice of law to protect
the pu(lic and promote the pu(lic welfare. Hut the legislature may
not pass a law that will control the ,upreme #ourt in the
performance of its function to decide who may en-oy the privilege
of practicing law, and any law of that kind is unconstitutional as
an invalid exercise.
ny legislative or executive -udgment su(stituting that of the
,upreme #ourt in matters concerning the admission to the
practice of law or the suspension, dis(arment or reinstatement of
an attorney infringes upon and constitutes an invalid exercise of
the legislative or executive power.
The legislature may pass a law prescri(ing additional
quali;cations for candidates for admission to practice or ;lling up
de;ciencies in the requirements for admission to the (ar. ,uch a
law may not, however, (e given retroactive eDect so as to entitle
a person, not otherwise quali;ed, to (e admitted to the (ar, nor
will such a law preclude the ,upreme #ourt from ;xing other
quali;cations or requirements for the practice of law. 5In re
Cunanan, @7 Phil ?726
ISS#E: Whether or not RA No2 @;: is contrar+ to pu4lic
interest2
HE&. 9 3o. @=1 is contrary to pu(lic interest. The pu(lic
interest demands of legal profession adequate preparation and
e0ciency especially (ecause the legal pro(lems evolved (y the
times (ecome more di0cult. n adequate legal preparation is one
of the vital requisites for the practice of law that should (e
maintained ;rmly. To the legal profession is entrusted the
protection of property, life, honor and civil li(erties. To approve
o0cially of those inadequately prepared individuals to dedicate
themselves to such a delicate mission is to create a serious social
danger. Hy its declared o(-ective, the law in question is contrary
to pu(lic interest (ecause it quali;es law graduates who
confessedly had inadequate preparation for the practice of the
profession.
9 @=1, or the Har >lunkers ct of /@?2, was declared partially
unconstitutional as it encroached upon the powers granted (y the
#onstitution to the ,# in determining the admission of (ar
examinees to the (ar (y usurping such power through a
legislative act2 (In Re( C$nanan (197/
Re: Sec2 A In'epen'ence fro( ECecuti7e an' &e*islati7e J
9 @=1 5the Har >lunkers ct6 aims to admit to the Har, those
candidates who suDered from insu0ciency of reading materials
and inadequate preparation. Hy its declared o(-ective, the law is
contrary to pu(lic interest (ecause it quali;es /,:@7 law
graduates who confessedly had inadequate preparation for the
practice of the profession, as was exactly found (y this Tri(unal in
the aforesaid examinations. n adequate legal preparation is one
of the vital requisites for the practice of law that should (e
developed constantly and maintained ;rmly. To the legal
profession is entrusted the protection of property, life, honor and
civil li(erties. *t is o(vious, therefore, that the ultimate power to
grant license for the practice of law (elongs exclusively to this
#ourt, and the law passed (y #ongress on the matter is of
permissive character, or as other authorities say, merely to ;x the
minimum conditions for the license. 'aws are unconstitutional on
the following grounds. 3rst, (ecause they are not within the
legislative powers of #ongress to enact, or #ongress has
exceeded its powers+ secon', (ecause they create or esta(lish
ar(itrary methods or forms that infringe constitutional principles+
and thir', (ecause their purposes or eDects violate the
#onstitution or its (asic principles. s has already (een seen, the
contested law suDers from these fatal defects. ,ummari4ing, we
are of the opinion and here(y declare that 9. @=1 is
unconstitutional and therefore, void, and without any force or
eDect for the following reasons, to wit.
/. Hecause its declared purpose is to admit M/: candidates who
failed in the (ar examinations of /@7A"/@?1, and who, it admits,
are certainly inadequately prepared to practice law, as was
exactly found (y this #ourt in the aforesaid years.
1. Hecause it is, in eDect, a -udgment revoking the resolution of
this #ourt on the petitions of these M/: candidates, without
having examined their respective examination papers, and
although it is admitted that this Tri(unal may reconsider said
resolution at any time for -usti;a(le reasons, only this #ourt and
no other may revise and alter them. *n attempting to do it directly
9 @=1 violated the #onstitution.
2. Hy the disputed law, #ongress has exceeded its legislative
power to repeal, alter and supplement the rules on admission to
the Har.
7. The reason advanced for the pretended classi;cation of
candidates, which the law makes, is contrary to facts which are of
general knowledge and does not -ustify the admission to the Har
of law students inadequately prepared. The pretended
classi;cation is ar(itrary. *t is undou(tedly a class legislation. (I.
R=( CU.A.A.& 9/ '>IL 73/ (197/
In *e C$nanan& 9/ '+il. 7/3
KKK The 'egislature, in the exercise of its police power, may
however, enact laws regulating the practice of law to protect the
pu(lic and promote the pu(lic welfare2 0ut the legislature may
not pass a law that will control the ,upreme #ourt in the
performance of its function to decide who may en-oy the privilege
of practicing law, and any law of that kind is unconstitutional as
an invalid exercise.
KKKny legislative or executive -udgment su(stituting that of the
,upreme #ourt in matters concerning the admission to the
practice of law or the suspension, dis(arment or reinstatement of
an attorney infringes upon and constitutes an invalid exercise of
the legislative or executive power.
KKK The legislature may pass a law prescri(ing additional
quali;cations for candidates for admission to practice or ;lling up
de;ciencies in the requirements for admission to the (ar. ,uch a
law may not, however, (e given retroactive eDect so as to entitle
a person, not otherwise quali;ed, to (e admitted to the (ar, nor
will such a law preclude the ,upreme #ourt from ;xing other
quali;cations or requirements for the practice of law.
Q: What is Inte*ration of the 0ar?
A: The *ntegration of the Philippine Har means the o0cial
uni;cation of the entire lawyer population, and this requires
mem(ership and ;nancial support of every attorney as condition
sine (ua non to the practice of law and the retention of his name
in the 9oll of ttorneys of the ,upreme #ourt.
Q: Is the inte*ration of the I0% constitutional?
A: 8es, the practice of law is not a vested right (ut a privilege
clothed with pu(lic interest. Gence, it is far and -ust that the
exercise of that privilege (e regulated to assure compliance with
the lawyer<s pu(lic responsi(ilities. Given existing Har conditions,
the most e0cient means of doing so is (y integrating the Har
through a rule of court that requires all lawyers to pay annual
dues to the *ntegrated Har. (In t+e Matte* o! t+e Integ*ation
o! t+e ?a* o! t+e '+ilippines, $9 S*R) '', .an. 9, 19-3)
Q: Is the pro7ision re6uirin* pa+(ent of a (e(4ership fee
7oi'?
A: 3o. *t is quite apparent that the fee is indeed imposed as a
regulatory measure, designed to raise funds for carrying out the
purposes and o(-ectives of the integration. There is nothing in the
#onstitution that prohi(its the court, under its constitutional
power and duty to promulgate rules concerning the admission to
the practice of law and the integration of the Philippine (ar. (In
t+e Matte* o! I?' Me,2e*s+ip d$es delin@$ency o! Atty.
Ma*cial =dillon, ).&. No. 19'7, )u!. 3, 19-7)
Q: The Inte*rate' 0ar of the %hilippines a'opte' a
resolution reco((en'in* to the court the re(o7al of the
na(e !arcial A2 E'illon. a 'ul+ license' practicin*
attorne+. fro( its Roll of Attorne+s for stu44orn refusal to
pa+ his (e(4ership 'ues to the I0% since its constitution.
notwithstan'in* 'ue notice2 Is E'illon correct in his
o4Hection that the court is without power to co(pel hi( to
4eco(e a (e(4er of the I0%. hence. Sec2 - of Rule -<@/A
of the Rules of Court is unconstitutional for it i(pin*es on
his constitutional ri*ht of free'o( to associate Ean' not to
associateF?
. 3o. To compel a mem(er of the *ntegrated Har is not violative
of his constitutional freedom to associate. *ntegration does not
make a lawyer a mem(er of any group of which he is not already
a mem(er. Ge (ecame a mem(er of the Har when he passed the
Har &xaminations. ll that integration actually does is to provide
an o0cial national organi4ation for the well"de;ned (ut
unorgani4ed and incohesive group of which every lawyer is
already a mem(er.
ssuming that the questioned provision does in a sense compel a
lawyer to (e a mem(er of the *ntegrated Har, such compulsion is
-usti;ed as an e2ercise of the police power of the State. (In t+e
Matte* o! I?' Me,2e*s+ip "$es "elin@$ency o! Atty.
=dillon, ).*. No. 19'7,Bece1ber 19, 1970)
Q: Att+2 Are7alo sou*ht eCe(ption fro( pa+(ent of I0%
'ues for the alle*e' unpai' accounta4ilit+ for the +ears
-@;;/:LLA2 He alle*e' that after 4ein* a'(itte' to the
%hilippine 0ar in -@M-. he 4eca(e part of the %hilippine
Ci7il Ser7ice then (i*rate' to. an' wor9e' in. the #SA in
ece(4er -@=M until his retire(ent in the +ear :LL<2 He
(aintaine' that he cannot 4e assesse' I0% 'ues for the
+ears that he was wor9in* in the %hilippine Ci7il Ser7ice
since the Ci7il Ser7ice law prohi4its the practice of one8s
profession while in *o7ern(ent ser7ice. an' neither can
he 4e assesse' for the +ears when he was wor9in* in the
#SA2
Is Att+2 Are7alo entitle' to eCe(ption fro( pa+(ent of his
'ues 'urin* the ti(e that he was inacti7e in the practice
of law?
. 3o. The *ntegration of the Philippine Har means the o0cial
uni;cation of the entire lawyer population. This requires
mem(ership and ;nancial support of every attorney as condition
sine (ua non to the practice of law and the retention of his name
in the 9oll of ttorneys of the ,upreme #ourt.
Payment of dues is a necessary consequence of mem(ership in
the *HP, of which no one is exempt. This means that the
compulsory nature of payment of dues su(sists for as long as
one!s mem(ership in the *HP remains regardless of the lack of
practice of, or the type of practice, the mem(er is engaged in.
There is nothing in the law or rules which allow exemption from
payment of mem(ership dues. t most, as correctly o(served (y
the *HP, he could have informed the ,ecretary of the *ntegrated
Har of his intention to stay a(road (efore he left. *n such case, his
mem(ership in the *HP could have (een terminated and his
o(ligation to pay dues could have (een discontinued. (Lette* o!
Atty. A*evalo& -*. Re@$esting =9e,ption !*o, 'ay,ent o!
"$es, %.&. No. 13-0, &a" 9, '00,)
Q: If Att+2 0onan5a is re6ueste' to act as counsel for the
accuse'. coul' he or shoul' he refuse 4+ sa+in* that in
the pro7ince. he wants to 'o nothin* eCcept ri'e horses
an' castrate 4ulls? ECplain2
A: The attorney cannot refuse to (e appointed as counsel de
o4cio merely on the reason that he is a semi"retired practicing
lawyer. Precisely one of the reasons for the integration of the (ar
in the Philippines is to compel all persons who have (een
admitted to the practice of law in the Philippines to perform their
duties to assist the courts in the administration of pu(lic.
#ompulsory mem(ership to the *HP is not violative of a lawyer!s
freedom of association2 *ntegration does not make a lawyer a
mem(er of any group of which he is already a mem(er. Ge
(ecame a mem(er of the (ar when he passed the Har
&xaminations. Har integration does not compel the lawyer to
associate with anyone. Ge is free to attend or not attend the
meetings of his *ntegrated Har #hapter or vote or refuse to vote in
its elections as he chooses. The only compulsion to which he is
su(-ected is the payment of annual dues. The ,upreme #ourt, in
order to further the ,tate!s legitimate interest in elevating the
quality of professional legal services, may require that the cost of
improving the profession in this fashion (e shared (y the su(-ects
and (ene;ciaries of the regulatory program O the lawyers PIn *e(
=dillon ).&. 19'7A
Integ*ation o! t+e 2a*
" The o0cial uni;cation of the entire lawyer population.
" 9equires mem(ership and ;nancial support of every attorney as
a condition sine (ua non to the practice of law.
" Har integration signi;es the setting up (y the government
authority of a national organi4ation of the legal profession (ased
on the recognition of the lawyer as an o0cer of the court.
" *ntegration fosters cohesion among lawyers and ensures the
promotion of the o(-ectives of the legal profession pursuant to the
principle of maximum (ar autonomy with minimum supervision (y
the ,upreme #ourt.
'o)e* to integ*ate t+e 2a*
" The #onstitution vests upon the ,upreme #ourt the power to
integrate the Philippine (ar.
" ,uch power is an inherent part of the #ourt!s constitutional
authority over the (ar.
" ,upreme #ourt may adopt rules of court to eDect the
integration of the Philippine Har.Q59 A2@= 3 #T P9$F*J*3G
>$9 TG& *3T&G9T*$3 $> TG& PG*'*PP*3& H96
" Gowever, 9 A2@= neither confers a new power nor restricts the
#ourt!s inherent power (ut is a mere legislative declaration that
the integration will promote pu(lic interest or will raise the
standard of the legal profession.
" Presidential Jecree /M/ 5#$3,T*TKT*3G TG& *3T&G9T&J H9
$> TG& PG*'*PP*3&, *3T$ H$J8 #$9P$9T& 3J P9$F*J*3G
G$F&93%&3T ,,*,T3#& TG&9&T$ >$9 TG& ##$%P'*,G%&3T
$> *T, PK9P$,&,6 constituted the *ntegrated Har into a corporate
(ody.