1.

Concept
Art VII Sec 5(5)
SECTION 5. The Supreme Court shall have the following powers:
5) 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. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the
same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure
of special courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.

Art XII Sec 14(2)

SECTION 14
The practice of all professions in the Philippines shall be limited to Filipino citizens, save in
cases prescribed by law

Art XVIII Sec 10

SECTION 10. All courts existing at the time of the ratification of this Constitution shall continue
to exercise their jurisdiction, until otherwise provided by law. The provisions of the existing Rules
of Court, judiciary acts, and procedural laws not inconsistent with this Constitution shall remain
operative unless amended or repealed by the Supreme Court or the Congress.

What constitutes practice of Law?

Practice of Law means any activity, in or out of court which requires the application of law, legal procedure, knowledge, training
and experience. (Cayetano vs Monsod)
The law does not distinguish between consultancy services and retainer agreement. For as long as respondent performed acts that
are usually rendered by lawyers with the use of their legal knowledge, the same falls within the ambit of the term "practice of
law." (Ruthie Lim-Santiago vs. Atty. Sagucio)
a.) A Privilege
Good Moral Character

Atty. Pascua is guilty of misconduct in the performance of his duties for failing to register in his
Notarial Register the affidavit-complaints of Joseph B. Acorda and Remigio B. Domingo.

"Misconduct" generally means wrongful, improper or unlawful conduct motivated by a premeditated,

obstinate or intentional purpose. The term, however, does not necessarily imply corruption or criminal intent.
(Aquino vs Atty. Pascua)

No amount of explanation or justification can erase the fact that Judge Quitan was dismissed from public
service and that he deliberately withheld this information.

The applicant must, like a candidate for admission to

the bar, satisfy the Court that he is a person of good
moral character, a fit and proper person to practice
law. The Court will take into consideration the
applicants character and standing prior to the
disbarment, the nature and character of the charge/s
for which he was disbarred, his conduct subsequent to
the disbarment, and the time that has elapsed between
the disbarment and the application for reinstatement.
(Bernardo vs. Mejia)

Separate client funds (De Vera)

b) Profession nor business