LEGAL PROFESSION

Etymology of;
1. attorney (n.) early 14c. (mid-13c. in Anglo-Latin),
from Old French atorn "(one) appointed," past
participle of aturner "to decree, assign, appoint," from
atorner (see attorn). The legal Latin form attornare
influenced the spelling in Anglo-French. The sense is of
"one appointed to represent another's interests."

In English law, a private attorney was one appointed to
act for another in business or legal affairs (usually for
pay); an attorney at law or public attorney was a
qualified legal agent in the courts of Common Law who
prepared the cases for a barrister, who pleaded them
(the equivalent of a solicitor in Chancery). So much a
term of contempt in England that it was abolished by
the Judicature Act of 1873 and merged with solicitor.
Johnson observed that "he did not care to speak ill of
any man behind his back, but he believed the
gentleman was an attorney." [Boswell]
The double -t- is a mistaken 15c. attempt to restore a
non-existent Latin original. Attorney general first
recorded 1530s in sense of "legal officer of the state"
(late 13c. in Anglo-French), from French, hence the odd
plural (subject first, adjective second).
2. attorn (v.) Look up attorn at Dictionary.com
late 13c., Anglo-French, "to turn over to another," from
Old French atorner "to turn, turn to, assign, attribute,
dispose," from a- "to" (see ad-) + tourner "to turn" (see
turn (v.)). In feudal law, "to transfer homage or
allegiance to another lord."
What is the difference between attorney,
barrister, lawyer, and solicitor? How about
advocate, counsel, counselor, or counselor-at-
law?
Lawyer is a general term for a person who gives legal
device and aid and who conducts suits in court. An
attorney or, more correctly, an attorney-at-law, is a
member of the legal profession who represents a client
in court when pleading or defending a case. In the US,
attorney applies to any lawyer. In the UK, those who
practice law are divided into barristers, who represent
clients in open court and may appear at the bar, and
solicitors, who are permitted to conduct litigation in
court but not to plead cases in open court. The barrister
does not deal directly with clients but does so through a
solicitor. The word attorney comes from French
meaning 'one appointed or constituted' and the word's
original meaning is of a person acting for another as an
agent or deputy. A solicitor would be the UK equivalent
of the US attorney-at-law. Counsel usually refers to a
body of legal advisers but also pertains to a single legal
adviser and is a synonym for advocate, barrister,
counselor, and counselor-at-law. As to the abbreviation
'Esq.' for 'Esquire' used by some lawyers ... it has no
precise significance in the United States except as
sometimes applied to certain public officials, such as
justices of the peace. For some reason, lawyers often
add it to their surname in written address. However, it
is a title that is specifically male with no female
equivalent, so its use by lawyers should fade away.
take up the cudgels
- to argue strongly in support of someone or
something.

Requirements for admission to practice law in the
Philippines
To practice law in the Philippines, one must have
fulfilled the non-academic and academic requirements.
For non-academic requirements, one must be a Filipino,
be at least 21 years old, be a resident of the Philippines,
and have the moral and other non-academic
qualifications needed. In terms of academic
requirements, one must have obtained an
undergraduate degree (with major, focus or
concentration in any of the subjects of History,
Economics, Political Science, Logic, English or Spanish),
has obtained a Bachelor of Laws degree (or equivalent
such as Juris Doctor) from a law school recognized by
the Secretary of Education. They must have also taken
and passed (75% general average, with no subject
falling below 50%) the Bar Exam, taken the Attorney's
Oath before the Supreme Court, signed the Roll of
Attorneys, remain in good standing with the Integrated
Bar of the Philippines, and continually participates in
the Mandatory Continuing Legal Education.
RULE 138
Attorneys and Admission to Bar

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.
Section 2. Requirements for all applicants for
admission to the bar. Every applicant for admission
as a member of the bar must be a citizen of the
Philippines, at least twenty-one years of age, of good
moral character, and resident of the Philippines; and
must produce before the Supreme Court satisfactory
evidence of good moral character, and that no charges
against him, involving moral turpitude, have been filed
or are pending in any court in the Philippines.
Section 3. Requirements for lawyers who are
citizens of the United States of America. Citizens of
the United States of America who, before July 4, 1946,
were duly licensed members of the Philippine Bar, in
active practice in the courts of the Philippines and in
good and regular standing as such may, upon
satisfactory proof of those facts before the Supreme
Court, be allowed to continue such practice after taking
the following oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been
permitted to continue in the practice of law in the
Philippines, do solemnly swear that I recognize the
supreme authority of the Republic of the Philippines; I
will support its Constitution and obey the laws as well
as the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing
of any in court; I will not wittingly or willingly promote
or sue any groundless, false or unlawful suit, nor give
aid nor consent to the same; I will delay no man for
money or malice, and will conduct myself as a lawyer
according to the best of may knowledge and discretion
with all good fidelity as well as to the courts as to my
clients; and I impose upon myself this voluntary
obligation without any mental reservation or purpose of
evasion. So help me God.
Section 4. Requirements for applicants from
other jurisdictions. Applicants for admission who,
being Filipino citizens, are enrolled attorneys in good
standing in the Supreme Court of the United States or in
any circuit court of appeals or district court therein, or
in the highest court of any State or Territory of the
United States, and who can show by satisfactory
certificates that they have practiced at least five years in
any of said courts, that such practice began before July
4, 1946, and that they have never been suspended or
disbarred, may, in the discretion of the Court, be
admitted without examination.
Section 5. Additional requirements for other
applicants. All applicants for admission other than
those referred to in the two preceding section shall,
before being admitted to the examination, satisfactorily
show that they have regularly studied law for four
years, and successfully completed all prescribed
courses, in a law school or university, officially approved
and recognized by the Secretary of Education. The
affidavit of the candidate, accompanied by a certificate
from the university or school of law, shall be filed as
evidence of such facts, and further evidence may be
required by the court.
No applicant shall be admitted to the bar examinations
unless he has satisfactorily completed the following
courses in a law school or university duly recognized by
the government: civil law, commercial law, remedial
law, criminal law, public and private international law,
political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.
Section 6. Pre-Law. No applicant for admission
to the bar examination shall be admitted unless he
presents a certificate that he has satisfied the Secretary
of Education that, before he began the study of law, he
had pursued and satisfactorily completed in an
authorized and recognized university or college,
requiring for admission thereto the completion of a
four-year high school course, the course of study
prescribed therein for a bachelor's degree in arts or
sciences with any of the following subjects as major or
field of concentration: political science, logic, english,
spanish, history and economics.
Section 7. Time for filing proof of qualifications.
All applicants for admission shall file with the clerk of
the Supreme Court the evidence required by section 2
of this rule at least fifteen (15) days before the
beginning of the examination. If not embraced within
section 3 and 4 of this rule they shall also file within the
same period the affidavit and certificate required by
section 5, and if embraced within sections 3 and 4 they
shall exhibit a license evidencing the fact of their
admission to practice, satisfactory evidence that the
same has not been revoked, and certificates as to their
professional standing. Applicants shall also file at the
same time their own affidavits as to their age,
residence, and citizenship.
Section 8. Notice of Applications. Notice of
applications for admission shall be published by the
clerk of the Supreme Court in newspapers published in
Pilipino, English and Spanish, for at least ten (10) days
before the beginning of the examination.
Section 9. Examination; subjects. Applicants,
not otherwise provided for in sections 3 and 4 of this
rule, shall be subjected to examinations in the following
subjects: Civil Law; Labor and Social Legislation;
Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public
Officers); International Law (Private and Public);
Taxation; Remedial Law (Civil Procedure, Criminal
Procedure, and Evidence); Legal Ethics and Practical
Exercises (in Pleadings and Conveyancing).
Section 10. Bar examination, by questions and
answers, and in writing. Persons taking the
examination shall not bring papers, books or notes into
the examination rooms. The questions shall be the
same for all examinees and a copy thereof, in English or
Spanish, shall be given to each examinee. Examinees
shall answer the questions personally without help from
anyone.
Upon verified application made by an examinee stating
that his penmanship is so poor that it will be difficult to
read his answers without much loss of time., the
Supreme Court may allow such examinee to use a
typewriter in answering the questions. Only noiseless
typewriters shall be allowed to be used.
The committee of bar examiner shall take such
precautions as are necessary to prevent the substitution
of papers or commission of other frauds. Examinees
shall not place their names on the examination papers.
No oral examination shall be given.
Section 11. Annual examination. Examinations
for admission to the bar of the Philippines shall take
place annually in the City of Manila. They shall be held
in four days to be disignated by the chairman of the
committee on bar examiners. The subjects shall be
distributed as follows: First day: Political and
International Law (morning) and Labor and Social
Legislation (afternoon); Second day: Civil Law (morning)
and Taxation (afternoon); Third day: Mercantile Law
(morning) and Criminal Law (afternoon); Fourth day:
Remedial Law (morning) and legal Ethics and Practical
Exercises (afternoon).
Section 12. Committee of examiners.
Examinations shall be conducted by a committee of bar
examiners to be appointed by the Supreme Court. This
committee shall be composed of a Justice of the
Supreme Court, who shall act as chairman, and who
shall be designated by the court to serve for one year,
and eight members of the bar of the Philippines, who
shall hold office for a period of one year. The names of
the members of this committee shall be published in
each volume of the official reports.
Section 13. Disciplinary measures. No candidate
shall endeavor to influence any member of the
committee, and during examination the candidates shall
not communicate with each other nor shall they give or
receive any assistance. The candidate who violates this
provisions, or any other provision of this rule, shall be
barred from the examination, and the same to count as
a failure against him, and further disciplinary action,
including permanent disqualification, may be taken in
the discretion of the court.
Section 14. Passing average. In order that a
candidate may be deemed to have passed his
examinations successfully, he must have obtained a
general average of 75 per cent in all subjects, without
falling below 50 per cent in any subjects. In determining
the average, the subjects in the examination shall be
given the following relative weights: Civil Law, 15 per
cent; Labor and Social Legislation, 10 per cent;
Mercantile Law, 15 per cent; Criminal Law; 10 per cent:
Political and International Law, 15 per cent; Taxation, 10
per cent; Remedial Law, 20 per cent; Legal Ethics and
Practical Exercises, 5 per cent.
Section 15. Report of the committee; filing of
examination papers. Not later than February 15th
after the examination, or as soon thereafter as may be
practicable, the committee shall file its report on the
result of such examination. The examination papers and
notes of the committee shall be filed with the clerk and
may there be examined by the parties in interest, after
the court has approved the report.

Section 16. Failing candidates to take review
course. Candidates who have failed the bar
examinations for three times shall be disqualified from
taking another examination unless they show the
satisfaction of the court that they have enrolled in and
passed regular fourth year review classes as well as
attended a pre-bar review course in a recognized law
school.
The professors of the individual review subjects
attended by the candidates under this rule shall certify
under oath that the candidates have regularly attended
classes and passed the subjects under the same
conditions as ordinary students and the ratings
obtained by them in the particular subject.
Section 17. Admission and oath of successful
applicants. An applicant who has passed the
required examination, or has been otherwise found to
be entitled to admission to the bar, shall take and
subscribe before the Supreme Court the corresponding
oath of office.
Section 18. Certificate. The supreme Court shall
thereupon admit the applicant as a member of the bar
for all the courts of the Philippines, and shall direct an
order to be entered to that effect upon its records, and
that a certificate of such record be given to him by the
clerk of court, which certificate shall be his authority to
practice.
Section 19. Attorney's roll. The clerk of the
Supreme Court shall kept a roll of all attorneys admitted
to practice, which roll shall be signed by the person
admitted when he receives his certificate.
Section 20. Duties of attorneys. It is the duty of
an attorney:
(a) To maintain allegiance to the Republic of the
Philippines and to support the Constitution and obey
the laws of the Philippines.
(b) To observe and maintain the respect due to the
courts of justice and judicial officers;
(c) To counsel or maintain such actions or
proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable
under the law.
(d) To employ, for the purpose of maintaining the
causes confided to him, such means only as are
consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice or
false statement of fact or law;
(e) To maintain inviolate the confidence, and at
every peril to himself, to preserve the secrets of his
client, and to accept no compensation in connection
with his client's business except from him or with his
knowledge and approval;
(f) To abstain from all offensive personality and to
advance no fact prejudicial to the honor or reputation
of a party or witness, unless required by the justice of
the cause with which he is charged;
(g) Not to encourage either the commencement or
the continuance of an action or proceeding, or delay
any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal
to himself, the cause of the defenseless or oppressed;

(i) In the defense of a person accused of crime, by
all fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person
may be deprived of life or liberty, but by due process of
law.
Section 21. Authority of attorney to appear. an
attorney is presumed to be properly authorized to
represent any cause in which he appears, and no
written power of attorney is required to authorize him
to appear in court for his client, but the presiding judge
may, on motion of either party and on reasonable
grounds therefor being shown, require any attorney
who assumes the right to appear in a case to produce or
prove the authority under which he appears, and to
disclose, whenever pertinent to any issue, the name of
the person who employed him, and may thereupon
make such order as justice requires. An attorneys
wilfully appear in court for a person without being
employed, unless by leave of the court, may be
punished for contempt as an officer of the court who
has misbehaved in his official transactions.
Section 22. Attorney who appears in lower court
presumed to represent client on appeal. An attorney
who appears de parte in a case before a lower court
shall be presumed to continue representing his client on
appeal, unless he files a formal petition withdrawing his
appearance in the appellate court.
Section 23. Authority of attorneys to bind clients.
Attorneys have authority to bind their clients in any
case by any agreement in relation thereto made in
writing, and in taking appeals, and in all matters of
ordinary judicial procedure. But they cannot, without
special authority, compromise their client's litigation, or
receive anything in discharge of a client's claim but the
full amount in cash.
Section 24. Compensation of attorneys; agreement
as to fees. An attorney shall be entitled to have and
recover from his client no more than a reasonable
compensation for his services, with a view to the
importance of the subject matter of the controversy,
the extent of the services rendered, and the
professional standing of the attorney. No court shall be
bound by the opinion of attorneys as expert witnesses
as to the proper compensation, but may disregard such
testimony and base its conclusion on its own
professional knowledge. A written contract for services
shall control the amount to be paid therefor unless
found by the court to be unconscionable or
unreasonable.
Section 25. Unlawful retention of client's funds;
contempt. When an attorney unjustly retains in his
hands money of his client after it has been demanded,
he may be punished for contempt as an officer of the
Court who has misbehaved in his official transactions;
but proceedings under this section shall not be a bar to
a criminal prosecution.
Section 26. Change of attorneys. An attorney
may retire at any time from any action or special
proceeding, by the written consent of his client filed in
court. He may also retire at any time from an action or
special proceeding, without the consent of his client,
should the court, on notice to the client and attorney,
and on hearing, determine that he ought to be allowed
to retire. In case of substitution, the name of the
attorney newly employed shall be entered on the
docket of the court in place of the former one, and
written notice of the change shall be given to the
advance party.

A client may at any time dismiss his attorney or
substitute another in his place, but if the contract
between client and attorney has been reduced to
writing and the dismissal of the attorney was without
justifiable cause, he shall be entitled to recover from
the client the full compensation stipulated in the
contract. However, the attorney may, in the discretion
of the court, intervene in the case to protect his rights.
For the payment of his compensation the attorney shall
have a lien upon all judgments for the payment of
money, and executions issued in pursuance of such
judgment, rendered in the case wherein his services had
been retained by the client.
Section 27. Attorneys removed or suspended by
Supreme Court on what grounds. A member of the
bar may be removed or suspended from his office as
attorney by the Supreme Court for any deceit,
malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction
of a crime involving moral turpitude, or for any violation
of the oath which he is required to take before the
admission to practice, or for a wilfull disobedience of
any lawful order of a superior court, or for corruptly or
willful appearing as an attorney for a party to a case
without authority so to do. The practice of soliciting
cases at law for the purpose of gain, either personally or
through paid agents or brokers, constitutes malpractice.
Section 28. Suspension of attorney by the Court of
Appeals or a Court of First Instance. The Court of
Appeals or a Court of First Instance may suspend an
attorney from practice for any of the causes named in
the last preceding section, and after such suspension
such attorney shall not practice his profession until
further action of the Supreme Court in the premises.
Section 29. Upon suspension by the Court of
Appeals or Court of First Instance, further proceedings
in Supreme Court. Upon such suspension, the Court
of Appeals or the Court of First Instance shall forthwith
transmit to the Supreme Court a certified copy of the
order of suspension and a full statement of the facts
upon which the same was based. Upon the receipt of
such certified copy and statement, the Supreme Court
shall make a full investigation of the facts involved and
make such order revoking or extending the suspension,
or removing the attorney from his office as such, as the
facts warrant.
Section 30. Attorney to be heard before removal
or suspension. No attorney shall be removed or
suspended from the practice of his profession, until he
has had full opportunity upon reasonable notice to
answer the charges against him, to produce witnesses
in his own behalf, and to be heard by himself or
counsel. But if upon reasonable notice he fails to appear
and answer the accusation, the court may proceed to
determine the matter ex parte.
Section 31. Attorneys for destitute litigants. A
court may assign an attorney to render professional aid
free of charge to any party in a case, if upon
investigation it appears that the party is destitute and
unable to employ an attorney, and that the services of
counsel are necessary to secure the ends of justice and
to protect the rights of the party. It shall be the duty of
the attorney so assigned to render the required service,
unless he is excused therefrom by the court for
sufficient cause shown.

Section 32. Compensation for attorneys de oficio.
Subject to availability of funds as may be provided by
the law the court may, in its discretion, order an
attorney employed as counsel de oficio to be
compensates in such sum as the court may fix in
accordance with section 24 of this rule. Whenever such
compensation is allowed, it shall be not less than thirty
pesos (P30) in any case, nor more than the following
amounts: (1) Fifty pesos (P50) in light felonies; (2) One
hundred pesos (P100) in less grave felonies; (3) Two
hundred pesos (P200) in grave felonies other than
capital offenses; (4) Five Hundred pesos (P500) in
capital offenses.
Section 33. Standing in court of person authorized
to appear for Government. Any official or other
person appointed or designated in accordance with law
to appear for the Government of the Philippines shall
have all the rights of a duly authorized member of the
bar to appear in any case in which said government has
an interest direct or indirect.
Section 34. By whom litigation conducted. In
the court of a justice of the peace 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.
Section 35. Certain attorneys not to practice. No
judge or other official or employee of the superior
courts or of the Office of the Solicitor General, shall
engage in private practice as a member of the bar or
give professional advice to clients.
Section 36. Amicus Curiae. Experienced and
impartial attorneys may be invited by the Court to
appear as amici curiae to help in the disposition of
issues submitted to it.
Section 37. Attorneys' liens. An attorney shall
have a lien upon the funds, documents and papers of
his client which have lawfully come into his possession
and may retain the same until his lawful fees and
disbursements have been paid, and may apply such
funds to the satisfaction thereof. He shall also have a
lien to the same extent upon all judgments for the
payment of money, and executions issued in pursuance
of such judgments, which he has secured in a litigation
of his client, from and after the time when he shall have
the caused a statement of his claim of such lien to be
entered upon the records of the court rendering such
judgment, or issuing such execution, and shall have the
caused written notice thereof to be delivered to his
client and to the adverse paty; and he shall have the
same right and power over such judgments and
executions as his client would have to enforce his lien
and secure the payment of his just fees and
disbursements.
1987 CONSTITUTION, ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
Section 14. The sustained development of a reservoir of
national talents consisting of Filipino scientists,
entrepreneurs, professionals, managers, high-level
technical manpower and skilled workers and craftsmen
in all fields shall be promoted by the State. The State
shall encourage appropriate technology and regulate its
transfer for the national benefit.

The practice of all professions in the Philippines shall be
limited to Filipino citizens, save in cases prescribed by
law.
FACTS: Monsod after passing the bar, worked in his
fathers firm for one year, then worked as an operations
officer in theWorld Bank Group. He also worked with the
Meralco Group uponhis return to the Philippines, and
then became chief executiveofficer of an investment
bank, legal and economic consultant of various
companies, National Chairman of NAMFREL, member
of the 1986 Constitutional Commission, and then
became amember of the Davide Commission.Interpreted
in the light of the various definitions of the term
practice of law, particularly the modern concept
of law practice, and taking into consideration the
liberalconstruction intended by the framers of the
Constitution, Atty.Monsods past work experiences as a
lawyer-economist, alawyer-manager, lawyer-
entrepreneur of industry, a lawyer-negotiator of
contracts, and a lawyer-legislator verily more
thansatisfy the constitutional requirement that he has
beenengaged in the practice of law for at least 10 years.
FACTS: Petitioner graduated from UP College of Law in
1939; passed the bar in 1939; inducted to and served in
the US Armed Forces in the Far East during WWII and
thus became eligible for citizenship under the 1990 US
Immigration Act; became anaturalized citizen of the US
in 1993. His name was struck fromthe Roll of Attorneys.
Only Filipino citizens may practice law inthe Philippines.
This requirement is prescribed by theConstitution, XII 14,
and the ROC, 2 Rule 138.


Republic Act No. 9225 August 29, 2003
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE
CITIZENS WHO ACQUIRE FOREIGN CITIZENSHIP
PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH
ACT. NO. 63, AS AMENDED AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Section 1. Short Title this act shall be known as the
"Citizenship Retention and Re-acquisition Act of 2003."
Section 2. Declaration of Policy - It is hereby declared
the policy of the State that all Philippine citizens of
another country shall be deemed not to have lost their
Philippine citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any
provision of law to the contrary notwithstanding,
natural-born citizenship by reason of their
naturalization as citizens of a foreign country are hereby
deemed to have re-acquired Philippine citizenship upon
taking the following oath of allegiance to the Republic:
"I _____________________, solemny swear (or affrim)
that I will support and defend the Constitution of the
Republic of the Philippines and obey the laws and legal
orders promulgated by the duly constituted authorities
of the Philippines; and I hereby declare that I recognize
and accept the supreme authority of the Philippines and
will maintain true faith and allegiance thereto; and that
I imposed this obligation upon myself voluntarily
without mental reservation or purpose of evasion."

Natural born citizens of the Philippines who, after the
effectivity of this Act, become citizens of a foreign
country shall retain their Philippine citizenship upon
taking the aforesaid oath.
Section 4. Derivative Citizenship - The unmarried child,
whether legitimate, illegitimate or adopted, below
eighteen (18) years of age, of those who re-acquire
Philippine citizenship upon effectivity of this Act shall be
deemed citizenship of the Philippines.
Section 5. Civil and Political Rights and Liabilities -
Those who retain or re-acquire Philippine citizenship
under this Act shall enjoy full civil and political rights
and be subject to all attendant liabilities and
responsibilities under existing laws of the Philippines
and the following conditions:
(1) Those intending to exercise their right of surffrage
must Meet the requirements under Section 1, Article V
of the Constitution, Republic Act No. 9189, otherwise
known as "The Overseas Absentee Voting Act of 2003"
and other existing laws;
(2) Those seeking elective public in the Philippines shall
meet the qualification for holding such public office as
required by the Constitution and existing laws and, at
the time of the filing of the certificate of candidacy,
make a personal and sworn renunciation of any and all
foreign citizenship before any public officer authorized
to administer an oath;
(3) Those appointed to any public office shall subscribe
and swear to an oath of allegiance to the Republic of
the Philippines and its duly constituted authorities prior
to their assumption of office: Provided, That they
renounce their oath of allegiance to the country where
they took that oath;
(4) Those intending to practice their profession in the
Philippines shall apply with the proper authority for a
license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any
public office in the Philippines cannot be exercised by,
or extended to, those who:
(a) are candidates for or are occupying any public office
in the country of which they are naturalized citizens;
and/or
(b) are in active service as commissioned or non-
commissioned officers in the armed forces of the
country which they are naturalized citizens.
Section 6. Separability Clause - If any section or
provision of this Act is held unconstitutional or invalid,
any other section or provision not affected thereby shall
remain valid and effective.
Section 7. Repealing Clause - All laws, decrees, orders,
rules and regulations inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
Section 8. Effectivity Clause This Act shall take effect
after fifteen (15) days following its publication in the
Official Gazette or two (2) newspaper of general
circulation.
Approved,
FRANKLIN DRILON
President of the Senate
JOSE DE VENECIA JR.
Speaker of the House of Representatives
This Act, which is a consolidation of Senate Bill No. 2130
and House Bill No. 4720 was finally passed by the the
House of Representatives and Senate on August 25,
2003 and August 26, 2003, respectively.
OSCAR G. YABES
Secretary of Senate
ROBERTO P. NAZARENO
Secretary General
House of Represenatives
Approved: August 29, 2003
GLORIA MACAPAGAL-ARROYO
President of the Philippines
Narag vs. Narag, 291 SCRA 451
FACTS:
Atty. Dominador Narag was alleged to have abandoned
his family for his paramour who was once his student in
tertiary level. The administrative complaint of
disbarment was filed by her wife, Mrs. Julieta Narag.
Respondent filed motion to dismiss because allegedly
the complainant fabricated the story as well as the love
letters while under extreme emotional confusion arising
from jealousy. The case took an unexpected turn when
another complaint was filed, the wife as again the
complainant but now together with their seven children
as co-signatories. After several hearings, the facts
became clear, that the respondent indeed abandoned
his family as against morals, based on testimonial
evidences. In addition, the assailed relationship bore
two children.
ISSUE:
Whether or not respondent is guilty of gross immorality
and for having violated and the Code of Ethics for
Lawyers culpable for disbarment.
HELD:
YES. Respondent disbarred.
RATIO:
The complainant was able to establish, by clear and
convincing evidence, that the respondent breached the
high and exacting moral standards set for the members
of the law profession.
Good moral character is not only a condition
precedent to the practice of law, but
a continuing qualification for all members of the bar.
CANON 7 A lawyer shall at all times uphold the
integrity and dignity of the legal profession, and support
the activities of the Integrated Bar.
Rule 7.03 A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor
should he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal
profession.
Undoubtedly, the canons of law practice were violated.
Spouses OLBES VS. Atty. VICTOR V. DECIEMBRE
AC-5365. April 27, 2005

Facts:
Atty. Victor V. Deciembre was given five blank checks by
Spouses Olbes for security of a loan. After theloan was
paid and a receipt issued, Atty. Deciembre filled up four
of the five checks for P50, 000 with differentmaturity
date. All checks were dishonored. Thus, Atty.
Deciembre fled a case for estafa against
the spousesOlbes. This prompted the spouses Olbes
to file a disbarment case against Atty. Deciembre with
the Office of theBar Confidant of this Court. In
the report, Commissioner Dulay recommended that
respondent be suspendedfrom the practice of law for
two years for violating Rule 1.01 of the Code of
Professional Responsibility.
Issue:
Whether or not the suspension of Atty. Deciembre was
in accord with his fault.
Held:
Membership in the legal profession is a special privilege
burdened with conditions. It is bestowed upon
individuals who are not only learned in the law, but also
known to possess good moral character. A lawyer isan
oath-bound servant of society whose conduct is clearly
circumscribed by inflexible norms of law and ethics,and
whose primary duty is the advancement of the quest for
truth and justice, for which he has sworn to be afearless
crusader. By taking the lawyers oath, an attorney
becomes a guardian of truth and the rule of law,and an
indispensable instrument in the fair and impartial
administration of justice. Lawyers should act
andcomport themselves with honesty and integrity in a
manner beyond reproach, in order to promote the
publicsfaith in the legal profession. It is also glaringly
clear that the Code of Professional Responsibility was
seriouslytransgressed by his malevolent act of filling up
the blank checks by indicating amounts that had
not beenagreed upon at all and despite respondents
full knowledge that the loan supposed to be secured by
the checkshad already been paid. His was a brazen act
of falsification of a commercial document, resorted to
for hismaterial gain.Deception and other fraudulent acts
are not merely unacceptable practices that are
disgraceful anddishonorable; they reveal a basic moral
flaw. The standards of the legal profession are
not satisfied by conductthat merely enables one to
escape the penalties of criminal laws. Considering the
depravity of the offensecommitted by respondent, we
find the penalty recommended by the IBP of suspension
for two years from thepractice of law to be too mild. His
propensity for employing deceit and misrepresentation
is reprehensible. Hismisuse of the filled-up checks that
led to the detention of one petitioner is loathsome.
Thus, he is sentencedsuspended indefinitely from the
practice of law effective immediately.
REPUBLIC ACT NO. 7662
AN ACT PROVIDING FOR REFORMS IN THE LEGAL
EDUCATION, CREATING FOR THE PURPOSE, A LEGAL
EDUCATION BOARD AND FOR OTHER PURPOSES.
Section 1. Title. - This Act shall be known as the "Legal
Education Reform Act of 1993."
Section 2. Declaration of Policies. - It is hereby declared
the policy of the State to uplift the standards of legal
education in order to prepare law students for
advocacy, counselling, problem-solving, and decision-
making, to infuse in them the ethics of the legal
profession; to impress on them the importance, nobility
and dignity of the legal profession as an equal and
indispensable partner of the Bench in the
administration of justice and to develop social
competence.
Towards this end, the State shall undertake appropriate
reforms in the legal education system, require proper
selection of law students, maintain quality among law
schools, and require legal apprenticeship and
continuing legal education.
Section 3. General and Specific Objective of Legal
Education. - (a) Legal education in the Philippines is
geared to attain the following objectives:
(1) to prepare students for the practice of law;
(2) to increase awareness among members of the legal
profession of the needs of the poor, deprived and
oppressed sectors of society;
(3) to train persons for leadership;
(4) to contribute towards the promotion and
advancement of justice and the improvement of its
administration, the legal system and legal institutions in
the light of the historical and contemporary
development of law in the Philippines and in other
countries.
(b) Legal education shall aim to accomplish the
following specific objectives:
(1) to impart among law students a broad knowledge of
law and its various fields and of legal institutions;
(2) to enhance their legal research abilities to enable
them to analyze, articulate and apply the law
effectively, as well as to allowthem to have a holistic
approach to legal problems and issues;
(3) to prepare law students for advocacy, counselling,
problem-solving and decision-making, and to develop
their ability to deal with recognized legal problems of
the present and the future;
(4) to develop competence in any field of law as is
necessary for gainful employment or sufficient as a
foundation for future training beyond the basic
professional degree, and to develop in them the desire
and capacity for continuing study and self-
improvement;
(5) to inculcate in them the ethics and responsibilities of
the legal profession; and
(6) to produce lawyers who conscientiously pursue the
lofty goals of their profession and to fully adhere to its
ethical norms.
Section 4. Legal Education Board; Creation and
Composition. - To carry out the purpose of this Act,
there is hereby created the Legal Education Board,
hereinafter referred to as the Board, attached solely for
budgetary purposes and administrative support to the
Department of Education, Culture and Sports.
The Board shall be composed of a Chairman, who shall
preferably be a former justice of the Supreme Court or
Court of Appeals, and the following as regular
members: a representative of the Integrated Bar of the
Philippines (IBP); a representative of the Philippine
Association of Law Schools (PALS); a representative
from the ranks of active law practitioners; and, a
representative from the law students' sector. The
Secretary of the Department of Education, Culture and
Sports, or his representative, shall be an ex
officio member of the Board.
With the exception of the representative of the law
students' sector, the Chairman and regular members of
the Board must be natural-born citizen of the
Philippines and members of the Philippine Bar, who
have been engaged for at least ten (10) years in the
practice of law, as well as in the teaching of law in a
duly authorized or recognized law school.
Section 5. Term of Office; Compensation. - The
Chairman and regular members of the Board shall be
appointed by the President for a term of five (5) years
without reappointment from a list of at least three (3)
nominees prepared, with prior authorization from the
Supreme Court, by the Judicial and Bar Council, for
every position or vacancy, and no such appointment
shall need confirmation by the Commission on
Appointments. Of those first appointed, the Chairman
and the representative of the IBP shall hold office for
five (5) years, the representatives of the PALS and the
PALP, for three (3) years; and the representative from
the ranks of active law practitioners and the
representative of the law students' sector, for one (1)
year, without reappointment. Appointments to any
vacancy shall be only for the unexpire portion of the
term of the predecessor.
The Chairman and regular members of the Board shall
have the same salary and rank as the Chairman and
members, respectively, of the Constitutional
Commissions: Provided, That their salaries shall not be
diminished during their term of office.
Section 6. Office and Staff Support. - The Department of
Education, Culture and Sports shall provide the
necessary office and staff support to the Board, with a
principal office to be located in Metropolitan Manila.
The Board may appoint such other officers and
employees it may deem necessary in the performanceof
its powers and functions.
Section 7. Powers and Functions. - For the purpose of
achieving the objectives of this Act, the Board shall
havethe following powers and functions:
(a) to administer the legal education system in the
country in a manner consistent with the provisions of
this Act;
(b) to supervise the law schools in the country,
consistent with its powers and functions as herein
enumerated;
(c) to set the standards of accreditation for law schools
taking into account, among others, the size of
enrollment, the qualifications of the members of the
faculty, the library and other facilities, without
encroaching upon the academic freedom of institutions
of higher learning;
(d) to accredit law schools that meet the standards of
accreditation;
(e) to prescribe minimum standards for law admission
and minimum qualifications and compensation of
faculty members;
(f) to prescribe the basic curricula for the course of
study aligned to the requirements for admission to the
Bar, law practice and social consciousness, and such
other courses of study as may be prescribed by the law
schools and colleges under the different levels of
accreditation status;
(g) to establish a law practice internship as a
requirement for taking the Bar which a law student shall
undergo with any duly accredited private or public law
office or firm or legal assistance group anytime during
the law course for a specific period that the Board may
decide, but not to exceed a total of twelve (12) months.
For this purpose, the Board shall prescribe the
necessary guidelines for such accreditation and the
specifications of such internship which shall include the
actual work of a new member of the Bar.
(h) to adopt a system of continuing legal education. For
this purpose, the Board may provide for the mandatory
attendance of practicing lawyers in such courses and for
such duration as the Board may deem necessary; and
(i) to perform such other functions and prescribe such
rules and regulations necessary for the attainment of
the policies and objectives of this Act.
Section 8. Accreditation of Law Schools. - Educational
institutions may not operate a law school unless
accredited by the Board. Accreditation of law schools
may be granted only to educational institutions
recognized by the Government.
Section 9. Withdrawal or Downgrading of
Accreditation. - The Board may withdraw or downgrade
the accreditation status of a law school if it fails to
maintain the standards set for its accreditation status.
Section 10. Effectivity of Withdrawal or Downgrading of
Accreditation. - The withdrawal or downgrading of
accreditation status shall be effetive after the lapse
ofthe semester or trimester following the receipt by the
school of the notice of withdrawal or downgrading
unless, in the meantime, the school meets and/or
upgrades the standards or corrects the deficiencies
upon which the withdrawal or downgrading of the
accreditation status is based.
Section 11. Legal Education Fund. - There is hereby
created a special endowment fund, to be known as the
Legal Education Fund, which shall be under the control
of the Board, and administered as a separate fund by
the Social Security System (SSS) which shall invest the
same with due and prudent regard to its solvency,
safety and liquidity.
The Legal Education Fund shall be established out of,
and maintained from, the amounts appropriated
pursuant to paragraph 2, Section 13 hereof, and from
sixty percent (60%) of the privilege tax paid by every
lawyer effective Fiscal Year 1994; and from such
donations, legacies, grant-in-aid and other forms of
contributions received by the Board for the purposes of
this Act.
Being a special endowment fund, only the interests
earned on the Legal Education Fund shall be used
exclusively for the purposes of this Act, including
support for faculty development grants, professorial
chairs, library improvements and similar programs for
the advancement of law teaching and education in
accredited law schools.
The Fund shall also be used for the operation of the
Board. For this purpose, an amount not exceeding ten
percent (10%) of the interest on the Fund shall be
utilized.
The Board, in consultation with the SSS, shall issue the
necessary rules and regulations for the collection,
administration and utilization of the Fund.
Section 12. Coverage. - The provisions of this Act shall
apply to all schools and colleges of law which are
presently under the supervision of the Department of
Education, Culture and Sports. Hereafter, said
supervision shall be transferred to the Board. Law
schools and colleges which shall be established
following the approval of this Act shall likewise be
covered.
Section 13. Appropriation. - The amount of One Million
Pesos (P1,000,000.00) is hereby authorized to be
charged against the current year's appropriation of the
Contingent Fund for the initial expenses of the Board.
To form part of the Legal Education Fund, there shall be
appropriated annually, under the budget of the
Department of Education, Culture and Sports, the
amount of Ten Million Pesos (P10,000,000.00) for a
period of ten (10) years effective Fiscal Year 1994.
Section 14. Separability Clause. - If any provision of this
Act is declared unconstitutional or the application
thereof to any person, circumstance or transaction is
held invalid, the validity of the remaining provisions of
this Act and the applicability of such provisions to other
persons, circumstances and transactions shall not be
affected thereby.
Section 15. Repealing Clause. - All laws, decrees,
executie orders, rules and regulations, issuances or
parts thereof inconsistent with this Act is hereby
repealed or amended accordingly.
Section 16. Effectivity. - This Act shall take effect after
fifteen (15) days following the completion of its
publication in the Official Gazette or in any two (2)
newspapers of general circulation.
Approved: 23 December 1993.
4 FOLD DUTIES OF A LAWYER
1. Duty to the Public/Society
2. Duty to the Court
3. Duty to his Client
4. Duty to Colleagues in profession