Admission Requirements

A bar candidate must meet the following academic qualifications:

Practice of Law 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 give notice or
render any kind of service, which or devise or service requires
the use in any degree of legal knowledge or skill (Cayetano v.
Monsod, 201 SCRA 210).

Holder of a professional degree in law from a recognized law

school in the Philippines

Admission to the Practice of Law

The Supreme Court has the power to control and regulate the

Holder of a bachelor's degree with academic credits in certain

practice of law. Thus, the Constitution, under Article VIII, Sec. 5

required subjects from a recognized college or university in the

(5) provides:

Philippines or abroad.
He or she should also meet certain non-academic requisites:

Sec. 5. The Supreme Court shall have the

following powers:
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice and

A Filipino citizen.

procedure in all courts, the admission to the practice of law, the

Integrated Bar, and legal assistance to the under privileged.

At least twenty-one (21) years of age.

A resident of the Philippines.

candidates to the legal profession.

Satisfactory evidence of good moral character (usually a certificate

The Bar Examination Committee:

Composed of (1) member of the Supreme Court who acts

The Supreme Court acts through a Bar Examination

Committee in the Exercise of his judicial function to admit

from the dean of law school or an immediate superior at work).

No charges involving moral turpitude have been filed against the

candidate or are pending in any court in the Philippines.

In March 2010 the Philippine Supreme Court Issued Bar Matter 1153 amending
provisions in sec 5 and 6 of rule 138 of the rules of court now allowing Filipino
foreign law school graduates to take the bar exam provided that they comply with
the following: a. completion of all courses leading to a degree of Bachelor of laws
or its equivalent b. recognition or accreditation of the law school by proper
authority c. completion of all fourth year subjects in a program of a law school
duly accredited by the Philippine Government d. present proof of completing a
separate bachelors degree.

as Chairman and eight (8) members of the bar.

The 8 members act as examiners for the 8 bar subjects

with one subject assigned to each.

The Bar Confidant acts as a sort of liason officer between

the court and the Bar Chairman on the other hand, and
the individual members of the committee on the other.
He is at the same time a deputy clerk of court.
Admission of examinees is always subject to the final
approval of the court.

Practice of Law
The practice of law is a privilege granted only to those who
possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS

required of lawyers who are instruments in the effective and

efficient administration of justice. (In Re: Argosino, 1997).

Renato Cayetano vs Christian Monsod

Posted on November 27, 2012

Requirements for admission to the Bar:

1. citizen of the Philippines
2. at least 21 years old
3. of good moral character
4. Philippine resident
5. Production before the supreme court satisfactory
evidence of:
1.
good moral character
2.
no charges against him, involving moral
turpitude, have been filed or are pending in any
court in the Philippines.

201 SCRA 210

G.R. No. 100113
September 3, 1991
Facts:
Christian Monsod was nominated by then President
Corazon C. Aquino as chairman of the COMELEC.
Cayetano questioned the appointment for Monsod

Requirement of Good Moral Character: a continuing

allegedly lacked the necessary qualification of having

requirement; good moral character is not only a condition

been engaged in the practice of law for at least 10

precedent for admission to the legal profession, but it must also

years.

remain intact in order to maintain ones good standing in that

The 1987 constitution provides in Section 1, Article IX-

exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998)

Academic Requirements for Candidates:
1. a bachelors degree in arts and sciences (pre-law course)
2. a completed course in:
1.
civil law
2.
commercial law
3.
remedial law
4.
public international law
5.
private international law
6.
political law
7.
labor and social legislation
8.
medial jurisprudence
9.
taxation
10. legal ethics

C: There shall be a Commission on Elections composed

of a Chairman and six Commissioners who shall be
natural-born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of age,
holders of a college degree, and must not have been
candidates for any elective position in the immediately
preceding elections.However, a majority thereof,
including the Chairman, shall be members of the
Philippine Bar who have been engaged in the practice
of law for at least ten years.
It was established that after graduating from the
College of Law and hurdling the Bar, respondent
worked in his fathers law office for a short while, then

worked as an Operations Officer in the World Bank

of estate and guardianship have been held to constitute

Group for about 2 years, which involved getting

law practice.

acquainted with the laws of member-countries,

negotiating loans, and coordinating legal, economic and

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

project work of the Bank. Upon returning to the

which requires the application of law, legal procedure,

Philippines, he worked with the Meralco Group, served

knowledge, training and experience. To engage in the

as Chief Executive Officer of an investment bank and

practice of law is to perform those acts which are

has subsequently worked either as Chief Executive

characteristics of the profession. Generally, to practice

Officer or Consultant of various companies.

law is to give notice or render any kind of service,

which device or service requires the use in any degree

Issue

of legal knowledge or skill. In general, a practice of law

1. Whether or not Monsod satisfies the requirement of

requires a lawyer and client relationship, it is whether in

the position of Chairman of the COMELEC.

or out of court.

2. Whether or not the Commission on Appointments

committed grave abuse of discretion in confirming

A person is also considered to be in the practice of law

Monsods appointment.

when he: . . . for valuable consideration engages in the

business of advising person, firms, associations or

Held

corporations as to their rights under the law, or appears

1. YES. In the case of Philippine Lawyers Association vs.

in a representative capacity as an advocate in

Agrava: The practice of law is not limited to the conduct

proceedings pending or prospective, before any court,

of cases or litigation in courtIn general, all advice to

commissioner, referee, board, body, committee, or

clients, and all action taken for them in matters

commission constituted by law or authorized to settle

connected with the law incorporation services,

controversies. Otherwise stated, one who, in a

assessment and condemnation services, contemplating

representative capacity, engages in the business of

an appearance before judicial body, the foreclosure of

advising clients as to their rights under the law, or

mortgage, enforcement of a creditors claim in

while so engaged performs any act or acts either in

bankruptcy and insolvency proceedings, and

court or outside of court for that purpose, is engaged in

conducting proceedings in attachment, and in matters

the practice of law.

Atty. Christian Monsod is a member of the Philippine

with the provisions of this rule, and who is in good and

Bar, having passed the bar examinations of 1960 with a

regular standing, is entitled to practice law.

grade of 86.55%. He has been a dues paying member

of the Integrated Bar of the Philippines since its

Concept of the Practice of Law

inception in 1972-73. He has also been paying his

professional license fees as lawyer for more than 10

Generally, to engage in the practice is to do any of

years. Atty. Monsods past work experiences as a

those acts which are characteristic of the legal

lawyer-economist, a lawyer-manager, a lawyer-

profession (In re: David, 93 Phil. 46). It covers any

entrepreneur of industry, a lawyer-negotiator of

activity, in or out of court, which requires the

contracts, and a lawyer-legislator of both the rich and

application of law, legal principles, practice or

the poor verily more than satisfy the constitutional

procedure and calls for legal knowledge, training and

requirement that he has been engaged in the

experience (PLA vs. Agrava, 105 Phil. 173).

practice of law for at least 10 years.

2. NO. The power of the COA to give consent to the
nomination of the Comelec Chairman by the president
is mandated by the constitution. The power of
appointment is essentially within the discretion of
whom it is so vested subject to the only condition that
the appointee should possess the qualification required
by law. From the evidence, there is no occasion for the
SC to exercise its corrective power since there is no
such grave abuse of discretion on the part of the CA.
PRACTICE OF LAW
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

Cayetano vs. Monsod, 201 SCRA 210

***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 legal
profession. Generally, to practice law is to give notice
or render any kind of service, which devise or service
requires the use, in any degree, of legal knowledge or
skill.
Ulep vs. Legal Clinic Inc. 223 SCRA 378 (1993)

***In the practice of his profession, a licensed

Under the Local Government Code (R.A. 7180, Sec. 90),

attorney-at-law generally engages in three principal

Sanggunian members may practice their professions

types of professional activities:

provided that if they are members of the Bar, they shall

not:

1.

legal advice and instructions to clients to inform

them of their rights and obligations

a. appear as counsel before any court in any

civil case wherein a local government unit

2.

preparation for clients of documents requiring

knowledge of legal principles not possessed by ordinary

or any unit, agency, or instrumentality of

the government is the adverse party;

layman; and
b. appear as counsel in any criminal case
3.

appearance for clients before public tribunals

wherein an officer or employee of the

which possess power and authority to determine rights

national or local government is accused of

of life, liberty and property according to law, in order to

an offense committed in relation to his

assist in the proper interpretation and enforcement of

office;

law.
c. collect any fee for their appearance in
***Essential criteria enumerated by the C.A. as

administrative proceedings involving the

determinative of engaging in the practice of law:

local government unit of which he is an

official; and

1)Habituality
d. use property and personnel of the
2)Compensation

Government except when the Sanggunian

member concerned is defending the

3)Application of law, legal principle, practice, or

procedure
4)Attorney-Client relationship

interest of the government.

Restrictions in the practice of law of members of

the Judiciary

Appearance in propia persona is appearance in

court by a non-lawyer for himself without the
assistance of a member of the Bar. This is sometimes
referred to as pro se practice
While pro se practice is allowed, it is not advisable

Under RA 910, Sec. 1, as amended, a retired justice or

judge receiving a pension from the government, cannot

to do so. Court proceedings are full of technical pitfalls

act as counsel in any civil case in which the

that may entrap a person unschooled in substantive

Government, or any of its subdivision or agencies in the

and procedural law.

adverse party or in criminal case wherein an officer or

employee of the Government is accused of an offense

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL

in relation to his office.

DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL

EDUCATION PROGRAMS, SUPPORT EFFORTS TO

Remedies Against Unauthorized Practice

ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL

AS IN THE PRACTICAL TRAINING OF LAW STUDENTS

1. Petition for Injunction

AND ASSIST IN DISSEMINATING THE LAW AND

JURISPRUDENCE.

2. Declaratory Relief
3. Contempt of Court
4. Disqualification and complaints for disbarment
5. Criminal complaint for estafa who falsely
represented to be an attorney to the damage
party
In re: Joaquin, 241 SCRA 405

Cayetano v. Monsod
G.R. No. 100113, September 3, 1991
Facts:
Respondent Christian Monsod was nominated by President Corazon C.
Aquino to the position of Chairman of the COMELEC in a letter received
by the Secretariat of the Commission on Appointments on April 25, 1991.
Petitioner opposed the nomination because allegedly Monsod does not
possess the required qualification of having been engaged in the practice
of law for at least ten years.
On June 5, 1991, the Commission on Appointments confirmed the
nomination of Monsod as Chairman of the COMELEC. On June 18,
1991, he took his oath of office. On the same day, he assumed office as
Chairman
of
the
COMELEC.

Challenging the validity of the confirmation by the Commission on

Appointments of Monsod's nomination, petitioner as a citizen and
taxpayer, filed the instant petition for certiorari and Prohibition praying
that said confirmation and the consequent appointment of Monsod as
Chairman of the Commission on Elections be declared null and void.

(Art. VIII, Sec. 1 Constitution). Thus, only where such grave abuse of
discretion is clearly shown shall the Court interfere with the
Commission's judgment. In the instant case, there is no occasion for the
exercise of the Court's corrective power, since no abuse, much less a
grave abuse of discretion, that would amount to lack or excess of
jurisdiction and would warrant the issuance of the writs prayed, for has
been clearly shown.

Issue:
Whether the appointment of Chairman Monsod of Comelec violates
Section
1
(1), Article
IX-C
of
the
1987
Constitution?
Held:
The 1987 Constitution provides in Section 1 (1), Article IX-C, that there
shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and,
at the time of their appointment, at least thirty-five years of age, holders
of a college degree, and must not have been candidates for any elective
position in the immediately preceding elections. However, a majority
thereof, including the Chairman, shall be members of the Philippine Bar
who have been engaged in the practice of law for at least ten years.
Atty. Christian Monsod is a member of the Philippine Bar, having passed
the bar examinations of 1960 with a grade of 86-55%. He has been dues
paying member of the Integrated Bar of the Philippines since its inception
in 1972-73. He has also been paying his professional license fees as
lawyer for more than ten years.
At this point, it might be helpful to define private practice. The term, as
commonly understood, means "an individual or organization engaged in
the business of delivering legal services." (Ibid.). Lawyers who practice
alone are often called "sole practitioners." Groups of lawyers are called
"firms." The firm is usually a partnership and members of the firm are the
partners. Some firms may be organized as professional corporations and
the members called shareholders. In either case, the members of the
firm are the experienced attorneys. In most firms, there are younger or
more inexperienced salaried attorneys called "associates."
Hence, the Commission on the basis of evidence submitted doling the
public hearings on Monsod's confirmation, implicitly determined that he
possessed the necessary qualifications as required by law. The judgment
rendered by the Commission in the exercise of such an acknowledged
power is beyond judicial interference except only upon a clear showing of
a grave abuse of discretion amounting to lack or excess of jurisdiction.

Besides in the leading case of Luego v. Civil Service Commission, he

Court said that, Appointment is an essentially discretionary power and
must be performed by the officer in which it is vested according to his
best lights, the only condition being that the appointee should possess
the qualifications required by law. If he does, then the appointment
cannot be faulted on the ground that there are others better qualified who
should have been preferred. This is a political question involving
considerations of wisdom which only the appointing authority can decide.

Philippine Lawyers Association vs Agrava

Doctrine:
The practice of law is not limited to the conduct of cases or
litigation in court; it embraces the preparation of pleadings
and other papers incident to actions and social proceedings,
the management of such actions and proceedings on behalf
of clients before judges and courts, and in addition,
conveying.
Parties:
Philippine Lawyers Association as petitioner.
Celedino Agrava, in his capacity as Director of the
Philippines Patent Office as respondent.
Nature:
This is the petition filed by the Philippine Lawyer's
Association for prohibition and injunction against Celedonio
Agrava, in his capacity as Director of the Philippines Patent
Office.
Facts:
On May 27, 1957, respondent Director issued a circular
announcing that he had scheduled for June 27, 1957 an
examination for the purpose of determining who are qualified

to practice as patent attorneys before the Philippines Patent

Office. According to the circular, members of the Philippine
Bar, engineers and other persons with sufficient scientific
and technical training are qualified to take the said
examination. It would appear that heretofore, respondent
Director has been holding similar examinations.
The Philippine Lawyers Association then filed a petition for
prohibition and injunction contending that one who has
passed the bar examinations and is licensed by the Supreme
Court to practice law in the Philippines and who is in good
standing, is duly qualified to practice before the Philippines
Patent Office, and that consequently, the cat of the
respondent Director requiring members of the Philippine Bar
in good standing to take and pass an examination given by
the Patent Office as a condition precedent to their being
allowed to practice before said office, such as representing
applicants in the preparation and prosecution of applications
for patent, is in excess of his jurisdiction and is in violation of
the law.
In his answer, respondent Director, through the Solicitor
General, maintains that the prosecution of patent cases
"does not involve entirely or purely the practice of law but
includes the application of scientific and technical knowledge
and training, so much so that, as a matter of actual practice,
the prosecution of patent cases may be handled not only by
lawyers, but also engineers and other persons with sufficient
scientific and technical training who pass the prescribed
examinations as given by the Patent Office; . . . that the
Rules of Court do not prohibit the Patent Office, or any other
quasi-judicial body from requiring further condition or
qualification from those who would wish to handle cases
before the Patent Office which, as stated in the preceding
paragraph, requires more of an application of scientific and
technical knowledge than the mere application of provisions
of law; . . . that the action taken by the respondent is in
accordance with Republic Act No. 165, otherwise known as
the Patent Law of the Philippines, which similar to the United

States Patent Law, in accordance with which the United

States Patent Office has also prescribed a similar
examination as that prescribed by respondent. . . .
Issue:
Whether the circular holding special examinations for
members of the Bar in order to practice before the Patents
Office is in accordance with the law?
Ruling:
No. Therefore, Practice before Patents Office is considered
as practice of law and there shall be no further requirement
for members of the Bar to practice in the said office.
According to the Supreme Court, practice of law includes
such appearance before the Patent Office, the
representation of applicants, oppositors, and other persons,
and the prosecution of their applications for patent, their
oppositions thereto, or the enforcement of their rights in
patent cases. In the first place, although the transaction of
business in the Patent Office involves the use and
application of technical and scientific knowledge and training,
still, all such business has to be rendered in accordance with
the Patent Law, as well as other laws, including the Rules
and Regulations promulgated by the Patent Office in
accordance with law. Not only this, but practice before the
Patent Office involves the interpretation and application of
other laws and legal principles, as well as the existence of
facts to be established in accordance with the law of
evidence and procedure.
In support of the proposition that much of the business and
many of the act, orders and decisions of the Patent Director
involve questions of law or a reasonable and correct
evaluation of facts, the very Patent Law, Republic Act No.
165, Section 61, provides that:
. . . . The applicant for a patent or for the registration
of a design, any party to a proceeding to cancel a
patent or to obtain a compulsory license, and any

party to any other proceeding in the Office may

appeal to the Supreme Court from any final order or
decision of the director.
In other words, the appeal is taken to this Tribunal. If the
transaction of business in the Patent Office and the acts,
orders and decisions of the Patent Director involved
exclusively or mostly technical and scientific knowledge and
training, then logically, the appeal should be taken not to a
court or judicial body, but rather to a board of scientists,
engineers or technical men, which is not the case.
Regarding the contention that our Patent Law is patterned
with the Patent Law of the United States, the provisions of
Section 78 certainly and by far, are different from the
provisions of the United States Patent Law as regards
authority to hold examinations to determine the qualifications
of those allowed to practice before the Patent Office. While
the U.S. Patent Law authorizes the Commissioner of Patents
to require attorneys to show that they possess the necessary
qualifications and competence to render valuable service to
and advise and assist their clients in patent cases, which
showing may take the form of a test or examination to be
held by the Commissioner, our Patent Law, Section 78, is
silent on this important point. Our attention has not been
called to any express provision of our Patent Law, giving
such authority to determine the qualifications of persons
allowed to practice before the Patent Office.
Pronouncement:
In conclusion, we hold that under the present law, members
of the Philippine Bar authorized by this Tribunal to practice
law, and in good standing, may practice their profession
before the Patent Office, for the reason that much of the
business in said office involves the interpretation and
determination of the scope and application of the Patent Law

and other laws applicable, as well as the presentation of

evidence to establish facts involved; that part of the functions
of the Patent director are judicial or quasi-judicial, so much
so that appeals from his orders and decisions are, under the
law, taken to the Supreme Court.
For the foregoing reasons, the petition for prohibition is
granted and the respondent Director is hereby prohibited
from requiring members of the Philippine Bar to submit to an
examination or tests and pass the same before being
permitted to appear and practice before the Patent Office.
No costs.
RE: Practice of Law
The practice of law is not limited to the conduct of
cases or litigation in court; it embraces the preparation
of pleadings and other papers incident to actions and
social proceedings, the management of such actions
and proceedings on behalf of clients before judges
and courts, and in addition, conveying. In general, all
advice to clients, and all action taken for them in
matters connected with the law corporation services,
assessment
and
condemnation
services
contemplating an appearance before a judicial body,
the foreclosure of a mortgage, enforcement of a
creditor's claim in bankruptcy and insolvency
proceedings, and conducting proceedings in
attachment, and in matters of estate and guardianship
have been held to constitute law practice as do the
preparation and drafting of legal instruments, where
the work done involves the determination by the
trained legal mind of the legal effect of facts and
conditions. (5 Am. Jur. p. 262, 263). (Emphasis
supplied).

Practice of law under modern conditions consists in

no small part of work performed outside of any court
and having no immediate relation to proceedings in
court. It embraces conveyancing, the giving of legal
advice on a large variety of subjects, and the
preparation and execution of legal instruments
covering an extensive field of business and trust
relations and other affairs. Although these
transactions may have no direct connection with court
proceedings, they are always subject to become
involved in litigation. They require in many aspects a
high degree of legal skill, a wide experience with men
and affairs, and great capacity for adaptation to
difficult and complex situations. These customary
functions of an attorney or counselor at law bear an
intimate relation to the administration of justice by the
courts. No valid distinction, so far as concerns the
question set forth in the order, can be drawn between
that part which involves advice and drafting of
instruments in his office. It is of importance to the
welfare of the public that these manifold customary
functions be performed by persons possessed of
adequate learning and skill, of sound moral character,
and acting at all times under the heavy trust
obligations to clients which rests upon all attorneys.
(Moran, Comments on the Rules of Court, Vol. 3
(1953 ed.), p. 665-666, citing In re Opinion of the
Justices (Mass.), 194 N.E. 313, quoted in Rhode Is.
Bar Assoc. vs. Automobile Service Assoc. (R. I. ) 179
A. 139, 144). (Emphasis ours).
Ulep v The Legal Clinic, Inc.
B.M. No. 553
Ponente: J. Regalado
Date: June 17, 1993
Petitioners: MAURICIO C. ULEP

Respondents: THE LEGAL CLINIC, INC.

FACTS:

Ulep, a member of the bar, filed a petition against the Legal Clinic because its
advertisements are unethical, demeaning of the law profession, and destructive of the
confidence of the community in the integrity of the members of the bar and that as a
member of the bar, he is ashamed and offended by the said advertisements.

The advertisement of the Legal Clinic includes secret marriage and divorce among
others.

In an article published in the Starweek (Philippine Star) entitled Rx for Legal Problems,
Atty. Rogelio Nogales, proprietor of The Legal Clinic, explained the main purpose,
structure, and operations of the said corporation.

In response, The Legal Clinic admits the fact of publication of the advertisement but
claims that it is not engaged in the practice of law but in the rendering of legal support
services through paralegals with the use of modern computers and electronic machines.
Position paper of IBP:
> The use of the name The Legal Clinic Inc gives the impression that it is being
operated by lawyers and that it renders legal services. There is no difference between
legal support services and legal services.
> The advertisements in questions are meant to induce the performance of acts contrary
to law, morals, public order and public policy. This is against Rule 1.02 which states that,
a laywer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system.

ISSUE1:
Whether or not the services offered by The Legal Clinic constitutes practice of law -- YES
HELD/RATIO1:
Practice of law means any activity, in or out of court, which requires the application of law, legal
procedures, knowledge, training and experience. Generally, to practice law is to give advice or
render any kind of service that involves legal knowledge or skill.
In practice, a lawyer engages in three principal types of professional activity:
(1) legal advise and instructions to clients to inform them of their rights and obligations
(2) preparation for clients of documents requiring knowledge of legal principles not possessed by
ordinary layman
(3) appearance for clients before the public tribunals which possess power and authority to
determine rights of life, liberty, and property according to law, in order to assist in proper
interpretation and enforcement of law
Applying the criteria, the activities of The Legal Clinic constitute practice of law. With its attorneys
and so called paralegals, it will necessarily have to explain to the client the intricacies of the law
and advise him or her on the proper course of action to be taken as may be provided for by said
law. That is what its advertisement represents and for which services it will consequently charge
and be paid. That activity falls squarely within the definition of practice of law.

ISSUE2:
Whether or not their services can properly be the subject of the advertisements -- NO
HELD/RATIO2:
The standard of legal profession condemn the lawyers advertisement of his talents. A lawyer
cannot, without violating the ethics of his profession, advertise his talents or skill as in a manner
similar to a merchant advertising his goods. The canon of the profession states that the best
advertising possible for a lawyer is a well-merited reputation for profession capacity and fidelity to
trust, which must be earned as the outcome of character and conduct. A good and reputable lawyer
needs no artificial stimulus to generate it and to magnify his success.
DISPOSITIVE:
The Court resolved to RESTRAIN AND ENJOIN The Legal Clinic Inc from issuing or causing the
publication or dissemination of any advertisement in any form and from conducting, directly or
indirectly, any activity, operation, or transaction proscribed by law or the Code of Professional
Ethics.
Atty. Rogelio Nogales, as a member of the Philippine Bar, is reprimanded with a warning that a
repetition of the same or similar acts which are involved in this proceeding will be dealt with more
severely.
The question as to the legality or illegality of the purpose for which the Legal Clinic was created
was not decided upon by the Court. They are constrained to refrain from lapsing into an obiter
since it is clearly not within the adjucative parameters of the present proceedings which is
administrative in nature.
DOCTRINE:
DEFINITION:
NOTES:
Not all types of advertising or solicitation are prohibited. The exceptions are of two broad
categories, namely, those which are expressly allowed (brief biographical and informative data) and
those which are necessarily implied from the restrictions (use of professional card).

Case Digest: Judge Leah Domingo-Regala , complainant v Ma. Donna y

Sultan, respondent
Facts: Complainant filed the complaint against the respondent on the
following grounds:
(1) Inefficiency;
(2) Habitual Absenteeism;

(3) Tardiness;
(4) Falsification of Daily Time record;
(5) Dishonest and conduct prejudicial to service.
The complainant alleged that respondent Sultan was guilty of habitual
absenteeism defined in Administrative Circular no.1-91:
An officer or employee in the civil service shall be
considered habitually absent if he incurs unauthorized absences
exceeding the allowable 2.5 days monthly leave credit under the
leave law for at least three (3) months in a semester or at least
three (3) consecutive months during the year
She added that the respondent extended her leaves without even filing a
leave in advance. The respondent also alleged that the respondent
incompetent, dishonest and inefficient. The respondent was said to have
failed in performing her duties as legal researcher of the court,
specifically (1) finding the cases in point, (2) failing to come with latest
jurisprudence on the subject matter assigned to her, and rather, copies
verbatim on textbooks. On imputation of dishonesty, she alleged that
after verifying the whereabouts of the respondent, they discovered that
what the respondent reported about her daughter being confined in
Malvar General Hospital was not true. She also mentioned that the
respondent often goes out of the office to spend time with lawyers who
have cases heard before the RTC br. 226. She also stated that the
respondent spent long telephone conversations during office hours. Acts
mentioned in the preceding sentence was believed by the petitioner to
constitute conduct prejudicial to the service.
The respondent answered complaint by saying that:
(1) While not denying the incurred absences; the absences she incurred
for October, November, and December 1999 were authorized. She
also properly filed the application for leave for those months and
made them approved;
(2) The petitioner allowed them to have a 30-minute grace period, and
in cases when she was late, she had always been reporting the real
time of her arrival;
(3) Although she commits mistakes necessitating the guidance of the
petitioner, she had basic knowledge of law and legal research as a

law graduate. She even noted that one of her outputs were graded
very satisfactory by the petitioner-judge;
(4) contrary to what was alleged, she informed Evelyn Borela that she
would only bring her daughter as outpatient for medical
examinations;
(5) she would not compromise her employment by going outside and
spending time with the lawyers;
(6) She had to attend to the needs of lawyers and litigants who come
inside the office. She also asserted that she only uses the telephone to
answer incoming calls short enough not to defer other official calls.
She sought the forgiveness and understanding of the petitioner judge
when she extended her leave even without approval. The family problem
she had that time forced her to commit such act. She was also apologetic
for the misunderstanding that occurred because of her failure to inform
personally the petitioner on her whereabouts.
The Office of the Court Administrator (OCA) assigned an investigating
Judge to investigate the case. The investigating judge recommended that
the respondent be reprimanded for incompetence. However, he left the
determination of penalty for habitual absenteeism to the OCA. In a report
dated 9 October 2004, the OCA affirmed his findings on the respondents
inefficiency, and habitual absenteeism but overturned his
recommendation absolving the respondent from the charge of conduct
prejudicial to the service.
Issue: were the findings by OCA correct?

Held: Yes. the court adopted the findings of the Office of the Court
Administrator, but modifies the penalty. The respondent was to be
suspended from service for three (3) months without pay. She was also
sternly warned that a repetition of the same acts would be dealt with
more severely.
Ratio:
The investigating judge observed that for a law graduate with no
academic background on legal bibliography and no professional
background on legal research, one could expect her seeking of guidance
from her judge, and the branch clerk of court, in the course of her work.
Respondents violation of the rule on filing application of leave was
apparent in her narration of facts. The Absences she incurred in the
months specifically mentioned were qualified as habitual absenteeism
defined and penalized in the above-mentioned administrative circular. In
addition, there was no showing that her talking with lawyers was
inimical to the service, for the courts are service-oriented line or filed
agencies of the Judiciary. It was unavoidable that there would be
conversation between the respondent and the lawyers and litigants
concerning some administrative problems or problems on the case.
In sum, her conduct fell short of the exacting standards of public office.