1. Who are entitled to practice law?

Practice of law
Practice of law is any activity, in or out of court, which
requires the application of law, legal procedure,
knowledge, training and experience. It 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, 201 SCRA
210, 1991)
Several factors enumerated by the Commission on
Appointments to determine practice of law:
(1) Habituality customarily or frequently holding
ones self out to the public as a lawyer;
(2) Compensation his professional services are
available to the public for compensation, as a
service of his livelihood or in consideration of his
said services;
(3) Application of law, legal principles, practice or
procedure calls for legal knowledge, training
and experience;
(4) Attorney-client relationship there must be this
relationship; hence, teaching law or writing books
are not considered as practice of law.

3 exceptions to the General Rule:

(1) Law Students
(2) Agents
(3) Litigation by parties
Law Students
Requisites:
1. Must have completed the 3rd year of a prescribed
regular 4-year curriculum (Rule 138-A, Sec. 1);
2. Must be enrolled in a recognized law schools legal
education program approved by the SC, without
compensation in any civil, criminal or administrative
case before any trial court, tribunal, board or officer, to
represent indigent clients accepted by the legal clinic
of the law school (Rule 138-A, Sec. 1);
3. Must be under the direct supervision and control of a
member of the IBP duly accredited by the law school.
4. Any and all pleadings, motions, briefs, memoranda or
other papers to be filed, must be signed by
supervising attorney for and in behalf of the legal
clinic. (Rule 138-A, Sec. 2)
Direct Supervision and Control
It requires no less than the physical presence of the
supervising lawyer during the hearing.

Requirements for admission to the practice of law

RTC appearance:
Should at all times be accompanied by a supervising lawyer

The practice of all professions in the Philippines shall

be limited to Filipino citizens, save in cases
prescribed by law. (Const. Art. XII, sec. 14)

Inferior Courts appearance:

May appear in his personal capacity without the supervision of
a lawyer

Rules of Court, Rule 138, Section Requirements for

all applicants for admission to the bar. Every
applicant for admission as a member of the bar must
be: CAGREM
(a) a citizen of the Philippines,
(b) at least twenty-one years of age,
(c) of good moral character, and
(d) resident of the Philippines; and
(e) must produce before the Supreme Court
satisfactory evidence of good moral
character, and
(f) that no charges against him, involving
moral turpitude, have been filed or are
pending in any court in the Philippines.

Agents
Metropolitan/MTC appearance:
Requisites:
1. One is represented by an agent;
2. Who is a person/resident of good repute for probity
and ability to aid defendant;
3. In a locality where licensed member of the bar is not
available;
4. It is not habitual; and
5. It is not in any other court.

UP Reviewer: CRAGEBL
(a) Citizenship
(b) Residence
(c) Age (21 yrs+)
(d) Good Moral Character
(e) Education
(f) Bar Examination
(g) Lawyers Oath
General Rule
Rule 138
Section 1. Who may practice law. Any person
heretofore duly admitted as a member of the bar, or
hereafter admitted as such in accordance with the
provisions of this rule, and who is in good and regular
standing, is entitled to practice law.
Jag Iesu Iigo G. Murillo Reviewer on Legal Ethics
Guide questions provided for by Judge Lloren

Supreme Court may validly authorize a layman to represent

litigant in court
Q: Can legislature permit by law a layman to represent litigant
in court?
A: Generally no, but exception allowed in:
(a) cadastral courts and NLRC; and
(b) Subject to the ff limitations:
-confined work to con-adversarial contentions
-not habitually rendered
-not charged for payment
Litigation by Party
Rule 138
Section 34. By whom litigation conducted. In the court of a
justice of the peace (now MTC) a party may conduct his
litigation in person, with the aid of an agent or friend appointed
by him for the purpose, or with the aid an attorney. In any other
court, a party may conduct his litigation personally or by aid of
an attorney, and his appearance must be either personal or by
a duly authorized member of the bar.

Appearance of counsel not obligatory

1. In MTC, a party may conduct his litigation in person or
with the aid of a friend appointed by him for that
purpose or with an aid of an attorney;
2. In RTC/Appellate Courts, a party in a civil suit may
conduct his litigation either personally or by attorney
unless the party is a juridical person;
3. Even if he has chosen to appear by counsel, he may
at any time dispense with the services of his lawyer
and prosecute or defend his case personally.
Right to counsel of an accused is absolute or immutable.
(Hence, in criminal cases, the defendant must always have
counsel)

Jag Iesu Iigo G. Murillo Reviewer on Legal Ethics

Guide questions provided for by Judge Lloren