Requirements for admission to the bar and continuous practice of law

Problem Areas in Legal Ethics

Arellano University School of Law – Arellano Law Foundation
2019-2020

What is practice of law?

The Court ruled that the term “practice of law” implies customarily or habitually holding
oneself out to the public as a lawyer for compensation as a source of livelihood or in consideration
of his services. The Court further ruled that holding one’s self out as a lawyer may be shown by
acts indicative of that purpose, such as identifying oneself as attorney, appearing in court in
representation of a client, or associating oneself as a partner of a law office for the general
practice of law. - Atty. Noe-Lacsaman v. Atty. Busmente, A.C. No. 7269 [2011]

What is practice of law?

Any activity, in and out of court, that requires the application of law, legal procedure, knowledge,
training and experience. Moreover, we ruled that to engage in the practice of law is to perform
those acts which are characteristics of the profession; to practice law is to give notice or
render any kind of service, which device or service requires the use in any degree of legal
knowledge or skill. - Query of Atty. Silverio-Buffe, A.M. No. 08-6-352-RTC [2009]

What is 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 special proceedings,
the management of such actions and proceedings on behalf of clients before judges and courts,
and in addition, conveyancing.
In general, all advice to clients, and all action taken for them in matters connected with the law
xxx. - Aguirre v. Rana, B. M. No. 1036. June 10, 2003

Practice of law is a privilege

The practice of law is neither a natural nor a constitutional right but a privilege bestowed by
the State only upon the deserving and worthy for conferment of such privilege. - Natanauan v.
Atty. Tolentino, A.C. No. 4269, October 11, 2016

Who may practice law?

Section 1, Rule 138 of the Rules of Court provides:
Who may practice law. – Any person heretofore duly admitted as a member of the bar, or
thereafter admitted as such in accordance with the provisions of this Rule, and who is in
good and regular standing, is entitled to practice law.

Pre-law requirements
Rule 138 Sec. 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.

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 Evaluating a person’s moral character
is never easy
A license to practice law is a privilege, and the decision to grant such a license is not made as a
matter of right or as a matter of grace. It is a challenging decision that requires a searching review
by bar counsel, the Board, and this court wherever an applicant's prior conduct raises concerns
about his or her current character and fitness. The inquiry involved in evaluating a person's
moral character is easier said than done. -In the Matter of the Bar Application of Tarra Denelle
Simmons, No. 201,671-5, Supreme Court of the State of Washington, April 05, 2018

Applicant should be ready to present evidence of good moral character

When applicants seek admission to the bar, they have placed their character at issue.
Therefore, the applicant bears the burden of producing information proving good moral
character. - Mitchell Simon , Nick Smith and Nicole Negowetti

Good moral character and fitness to practice law

Indeed, the requirement that those aspiring to become lawyers must be of good moral character is
universally accepted. Although good moral character is an "unusually ambiguous" term which
"can be defined in an almost unlimited number of ways," good moral character has been the
"historic unquestioned prerequisite of fitness.“ - In the matter of the application of Donald G.
Matthews for admission to the bar of New Jersey, 462 A.2d 165 (1983)
Good moral character is more important than possession of legal learning
The requirement of good moral character is of much greater import, as far as the general
public is concerned, than the possession of legal learning. - Olga M. Samson v. Judge Virgilio G.
Caballero, A.M. No. RTJ-08-2138 , August 5, 2009

Good moral character versus

Good reputation
Good moral character …….

What is an “upright character”?

“Upright character” is something more than an absence of bad character. It means that he
[an applicant for admission] must have conducted himself as a man of upright character
ordinarily would, should, or does. Such character expresses itself not in negatives nor in
following the line of least resistance, but quite often in the will to do the unpleasant thing if
it is right, and the resolve not to do the pleasant thing if it is wrong. - In re: James Joseph
Hamm 123 P.3d 652 [2005]

Honesty
“[H]onesty is considered to be a centerpiece of good moral character.” – Drayton Beecher Smith II
v. Board of Professional Responsibility, No. W2017-00247-SC-R3-BP, Supreme Court of Tennessee,
November 8, 2017

What is immoral conduct

"Immoral conduct" has been defined as…………

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 Grossly immoral act
A grossly immoral act is ………

What is a crime involving moral turpitude

To consider a crime as one involving moral turpitude, the act constituting the same must have
been "done contrary to justice, honesty, modesty, or good morals. [it must involve] an act of
baseness, vileness, or depravity in the private duties which a man owes his fellowmen, or to
society in general, contrary to the accepted and customary rule of right and duty between
man and woman, or conduct contrary to justice, honesty, modesty, or good morals.- Re:
Decision dated March 17, 2011 in criminal case no. SB-28361 entitled “People of the Philippines v.
Joselito C. Barrozo, A.C. No. 10207, July 21, 2015

Within the context of legal ethics is homicide a crime involving moral turpitude?

Effect of prior criminal conviction

“Although a prior conviction is not conclusive of a lack of present good moral character, ...
it adds to his burden of establishing present good character by requiring convincing proof of
his full and complete rehabilitation.”- In re: James Joseph Hamm 123 P.3d 652 [2005]

An applicant convicted of a serious crime

In summary, when an applicant convicted of a serious crime applies to practice law [] we
conduct a conditional, two-part inquiry. We first consider whether the applicant has satisfied
the burden of proving complete rehabilitation from the character deficits that led to the
commission of the crime. If not, our inquiry ends and we will deny the application. If the
applicant proves complete rehabilitation, we then decide whether the applicant has otherwise
demonstrated present good moral character. - In the Matter of the Application of Lee Keller
KING, Applicant. Supreme Court of Arizona, En Banc. June 28, 2006. 136 P.3d 878 (2006)

A disciplinary proceeding is concerned with fitness to practice law, not punishment

In 1978, respondent killed his wife and three children by beating them about the head with a
baseball bat and was charged with four counts of second degree murder. A court found him not
guilty by reason of mental disease or defect and ordered him placed in a psychiatric hospital.
In 1980, respondent was discharged from the Creedmoor Psychiatric Center, and in 1988, he was
discharged from mandated out-patient psychiatric care.
Following his acquittal respondent was suspended from the practice of law because of his
mental disability. His subsequent applications for reinstatement were unsuccessful but in 1989,
we reversed an Appellate Division order denying reinstatement and remitted the matter for a
hearing to determine whether respondent's disability had been removed and whether, based on
the record, he was fit to practice law.
Respondent contends that he should not be disciplined for violating this rule because his conduct
was not criminally culpable. - In re: Robert T. Rowe, a suspended attorney., 80 N.Y.2d 336, 604
N.E.2d 728, 590 N.Y.S.2d 179 (1992).
……..

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First, he claims that he cannot be found unfit to practice law because of acts committed
while he was mentally ill and, second, he contends that the court cannot discipline him for
publishing a law-related article during his suspension from practice.
Respondent contends that though he has committed four homicides he was not mentally
responsible for his acts and therefore those acts should not be considered in judging his fitness
to be reinstated to the Bar. His argument fails to recognize the distinction between conduct
that is criminal and conduct that disqualifies an attorney from entitlement to practice law.
That respondent was not criminally culpable for the four killings is not controlling. A disciplinary
proceeding is concerned with fitness to practice law, not punishment. In re: Robert T. Rowe, a
suspended attorney., 80 N.Y.2d 336, 604 N.E.2d 728, 590 N.Y.S.2d 179 (1992).

Distinctions between admission proceedings and disciplinary proceedings

Meaning of “Formally charged”

"Have you ever been formally charged?" (in the November 6, 2006 PDS) simply called for
information on cases filed against her at any time in the past or in the present, regardless of their
current status, i.e., whether decided, pending, or dismissed/denied for any reason.
To note, jurisprudence elucidates that a person shall be considered formally charged
when:
(1) In administrative proceedings ……….

…….
(2) In criminal proceedings - ……………….

Moral character and evidence of reform and rehabilitation

A fundamental rule in bar admission cases is that evidence of reform and rehabilitation is
relevant to the assessment of an applicant's moral character. - In the matter of the application of
Donald G. Matthews for admission to the bar of New Jersey, 462 A.2d 165 (1983)

How to establish rehabilitation

To establish rehabilitation, [an applicant] must show "that he has both:
(1) accepted responsibility for his past criminal conduct," and
"(2) identified and overcome the weakness that led to the unlawful conduct. - In the Matter of
the Application of Alejandro LAZCANO, Applicant. Supreme Court of Arizona, En Banc.
January 8, 2010.

Types of evidence found to be probative of reform and rehabilitation

 the applicant must display complete candor in all filings and proceedings required by the
Committee on Character.
 Courts will weigh heavily the applicant's attitude as expressed in hearings before the
Board of Bar Examiners and any reviewing courts, and will look for a renunciation of the
past misconduct.
 The absence of any misconduct over a period of intervening years will, of course, be
noted, and a particularly productive use of one's time subsequent to the misconduct
will be credited.

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  Affirmative recommendations from people aware of the applicant's misconduct who
specifically consider the individual's fitness in light of that behavior may also be found
probative of present good character. - In the matter of the application of Donald G.
Matthews for admission to the bar of New Jersey, 462 A.2d 165 (1983)

Rehabilitation not enough to establish good moral character

When an applicant for admission to the bar has committed first-degree murder, a crime that
demonstrates an extreme lack of good moral character, he must make an extraordinary
showing of present good moral character to establish that he or she is qualified to be admitted to
the practice of law xxx.
To show rehabilitation, [one] must show that he has accepted responsibility for his criminal
conduct.
Rehabilitation is a necessary, but not sufficient, ingredient of good moral character of bar
applicant who had been convicted of a serious felony; applicant must establish his current good
moral character, independent of and in addition to, evidence of rehabilitation. - In re:
James Joseph Hamm 123 P.3d 652 [2005]

Passage of time without incident is insufficient standing alone in re-application

Past and Present moral character

We also agree with Hamm that, under the Rule applicable to Hamm's application, our concern
must be with the applicant's present moral character. In Greenberg, we explained that "it is
[the applicant's] moral character as of now with which we are concerned."
xxx Past misconduct, however, is not irrelevant. Rather, this Court must determine what
past bad acts reveal about an applicant's current character. - In re: James Joseph Hamm 123
P.3d 652 [2005]

Rehabilitation must come after probation

 These courts reason that because probationers typically behave well while on
probation, admissions authorities cannot adequately evaluate rehabilitation until
the applicant has successfully completed probation; application before completion of
a probationary term is deemed premature.
 Most also require significant time to elapse following the end of probation so that the
applicant can demonstrate sustained rehabilitation. ("It is not enough that petitioner
kept out of trouble while being watched on probation; he must affirmatively
demonstrate over a prolonged period his sincere regret and rehabilitation.");
 These requirements comport with Arizona's requirement that an applicant with a felony
conviction must show by clear and convincing evidence that he has been rehabilitated. -
In the Matter of the Application of Alejandro LAZCANO, Applicant. Supreme Court of
Arizona, En Banc. January 8, 2010.
………
Today, though, we hold that an applicant currently on a felony deferred adjudication who remains
under court supervision may not be admitted to practice law until the period of supervision
has ended. Only after successfully fulfilling the conditions of a felony deferred
adjudication may an applicant make the necessary showing of complete rehabilitation necessary

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for admission to the State Bar. - In the Matter of the Application of Alejandro LAZCANO,
Applicant. Supreme Court of Arizona, En Banc. January 8, 2010.
………
As we explained in Hamm, although an applicant's conviction for a serious crime does not
constitute a per se disqualification to practice law, it adds weight to the applicant's
burden of proving present good moral character. Specifically, because past serious
misconduct may indicate flaws in an applicant's present moral character, the applicant must
initially demonstrate complete rehabilitation before we consider other evidence of
present good moral character. - In the Matter of the Application of Lee Keller KING, Applicant.
Supreme Court of Arizona, En Banc. June 28, 2006. 136 P.3d 878 (2006)
………
In summary, when an applicant convicted of a serious crime applies to practice law in
Arizona, we conduct a conditional, two-part inquiry. We first consider whether the applicant
has satisfied the burden of proving complete rehabilitation from the character deficits that
led to the commission of the crime. If not, our inquiry ends and we will deny the application. If
the applicant proves complete rehabilitation, we then decide whether the applicant has
otherwise demonstrated present good moral character. - In the Matter of the Application of
Lee Keller KING, Applicant. Supreme Court of Arizona, En Banc. June 28, 2006. 136 P.3d 878 (2006)
……..
To prove complete rehabilitation, [applicant] must also identify the weakness that caused him
to engage in criminal misconduct and then demonstrate that he has overcome that
weakness.

Does an applicant who has an extensive criminal history be admitted to the bar
 Simmons was born to parents with substance abuse problems, and she grew up in
poverty, surrounded by crime. She was the victim of many acts of sexual violence
during her childhood and adolescence, and endured sporadic periods of homelessness
beginning when she ran away at age 13. As a juvenile, Simmons was adjudicated for
theft, possession of stolen property, and second degree assault.
 Simmons struggled with addiction for years, and her adult history includes a 2001
conviction for second degree assault and five 2011 convictions for organized retail
theft, unlawful possession of a firearm, and possession of controlled substances. As a
result of her criminal convictions, Simmons' nursing license was placed on
probationary status, she served a total of over three years in jail and prison, and she
underwent two bankruptcies and a foreclosure on her home.
………
 However, when Simmons was sent to prison in late 2011, she began engaging in
meaningful treatment for her trauma and addiction for the first time. Since then,
she has changed her life to a degree that can only be deemed remarkable, both in
terms of the efforts she has put forth and the positive results she has achieved.
 Simmons has maintained her sobriety and conducted herself with complete openness
and integrity over the past six years. She has been candid about her past,
demonstrating sincere remorse and working diligently to make amends to her
community as an outspoken advocate for civil legal aid with a focus on assisting
formerly incarcerated individuals facing barriers to reentry.
……
 Simmons attended the Seattle University School of Law and became the first student in
her school's history to be awarded a two-year public interest fellowship from the Skadden

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 Foundation. She graduated magna cum laude as a dean's medal recipient in May
2017, and letters from faculty and classmates further make it clear that Simmons was a
substantial asset to the entire law school community.

 Letters from her supervisors and colleagues also unequivocally state that Simmons
excelled and exhibited consistently ethical behavior in the five legal internships she
completed during law school, in addition to the volunteer and advocacy work that she
undertook for no course credit.
……..
 Despite Simmons' about-face life choices, her extensive criminal history and recent
substance abuse nevertheless gave bar counsel reasonable grounds to refer the matter
for further consideration.

ISSUE
Has Simmons shown by clear and convincing evidence that she is currently of good moral
character and possesses the requisite fitness to practice law notwithstanding her previous
criminal convictions?
………
The parties have debated the merits of a bright-line rule for determining sufficient rehabilitation
or recovery (for example, creating a rebuttable presumption after a certain number of years
without relapsing or engaging in any misconduct). Although we seek to provide guidance in this
opinion, we decline to adopt a specific time period as evidence of complete rehabilitation
for all applicants because of the individualized inquiry of character and fitness, and the
complexity of recovery.

We hold that Simmons has shown by clear and convincing evidence that she is currently
of good moral character and she is fit to practice law, Simmons has spent enough time in
recovery, and she accepts full responsibility for her prior conduct. She has consistently
demonstrated remorse, self-awareness, fortitude, and an unwavering dedication to
earning and maintaining the respect of the profession.

……
Her success during law school, both academically and in supervised internships, amply
demonstrates she is worthy to sit for the bar. Indeed, given the substantial obstacles that she
has overcome, her success is an even stronger indicator of her abilities than it would be
for the average law student.

As noted by Dean Annette E. Clark of the Seattle University School of Law, unlike Simmons,
"[m]any of our law students have lived lives of privilege, and so when we attest to their
character and fitness to practice law, it is under circumstances where they have not been tested
in any meaningful sense by circumstances such as poverty, substance abuse, and
domestic violence.“
………
Simmons, meanwhile, has overcome all of those circumstances and more. Her remarkable
achievements would simply not be possible without her extraordinary abilities and relentless hard
work. We grant Simmons' application to sit for the bar exam.

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CONCLUSION
A license to practice law is a privilege, and the decision to grant such a license is not made as a
matter of right or as a matter of grace. It is a challenging decision that requires a searching review
by bar counsel, the Board, and this court wherever an applicant's prior conduct raises concerns
about his or her current character and fitness. The inquiry involved in evaluating a person's moral
character is easier said than done.
…….
Simmons has proved by clear and convincing evidence that she is currently of good moral
character and fit to practice law. We affirm this court's long history of recognizing that one's
past does not dictate one's future. We therefore unanimously grant her application to sit for
the bar exam. - In the Matter of the Bar Application of Tarra Denelle Simmons, No. 201,671-5,
Supreme Court of the State of Washington, April 05, 2018

Chemical dependency/Alcoholism
 There is no doubt, however, that chemical dependency is a factor to be weighed in
assessing fitness to practice law. The Supreme Court of Minnesota has specifically
addressed the question of "whether chemical dependency on alcohol is rationally related
to fitness for the practice of law such that it can form the basis for preventing an otherwise
qualified applicant from gaining admission to the bar.“
 That court recognized alcoholism as a disease and acknowledged its impact on the
practice of law. It concluded that the matter should be remanded to the State Board of
Law Examiners for a decision on whether the applicant had rehabilitated himself. In doing
so, the court commented on alcoholism:

….….
It is not a mere pattern of voluntary conduct; neither is it an offense which necessarily
involves moral turpitude or reflects on the individual's honesty, fairness, or respect for the
rights of others or for the law. It cannot be denied, however, and the Board well knows, that the
disease of alcoholism is frequently a contributing factor to acts of attorney misconduct. -
In re Application for Admission to the Bar of Arkansas of Mark Ashley CROSSLEY. 839 S.W.2d 1
(1992) Supreme Court of Arkansas.

……
[W]e hold that since alcohol dependency can impact on an applicant's fitness to practice law, it is
an appropriate factor to be considered by the Board of Law Examiners in ascertaining whether
an applicant has proven good moral character sufficient to demonstrate his fitness and capacity to
practice law in this State. - In re Application for Admission to the Bar of Arkansas of Mark Ashley
CROSSLEY. 839 S.W.2d 1 (1992) Supreme Court of Arkansas.

A government officer [who must be an attorney] loses his qualification to hold office if
suspended or disbarred. Continuing to hold office is deemed practice of law.

Passing the bar exam is not enough

 A bar candidate does not acquire the right to practice law simply by passing the bar
examinations. The practice of law is a privilege that can be withheld even from one

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 who has passed the bar examinations, if the person seeking admission had practiced
law without a license.
 True, respondent here passed the 2000 Bar Examinations and took the lawyer’s oath.
However, it is the signing in the Roll of Attorneys that finally makes one a full-
fledged lawyer. The fact that respondent passed the bar examinations is immaterial.
Passing the bar is not the only qualification to become an attorney-at-law. Respondent
should know that two essential requisites for becoming a lawyer still had to be performed,
namely: his lawyer’s oath to be administered by this Court and his signature in the Roll of
Attorneys. – Aguirre v. Rana, B. M. No. 1036. June 10, 2003

Signing of the Lawyer’s Oath is not equivalent to “taking the oath”
Respondent Abad should know that the circumstances which he has narrated do not constitute
his admission to the Philippine Bar and the right to practice law thereafter. He should know
that two essential requisites for becoming a lawyer still had to be performed, namely: his
lawyer's oath to be administered by this Court and his signature in the Roll of Attorneys.
(Rule 138, Secs. 17 and 19, Rules of Court.) - Re: Elmo Abad, A. M. No. 139 [1983]

Whether or not a lawyer is entitled to exemption from payment of his IBP dues during the
time that he was inactive in the practice of law
 Thus, payment of dues is a necessary consequence of membership in the IBP, of
which no one is exempt. This means that the compulsory nature of payment of dues
subsists for as long as one’s membership in the IBP remains regardless of the lack
of practice of, or the type of practice, the member is engaged in.
 There is nothing in the law or rules which allows exemption from payment of
membership dues. At most, as correctly observed by the IBP, he could have informed
the Secretary of the Integrated Bar of his intention to stay abroad before he left. In such
case, his membership in the IBP could have been terminated and his obligation to pay
dues could have been discontinued. - Letter of Atty. Cecilio Y. Arevalo Jr. B.M. 1370 May 9,
2005

Is IBP membership fee

a form of tax?

There is no provision under the CPR which prohibits the unauthorized practice of law
CANON 9 - A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

While a reading of Canon 9 appears to merely prohibit lawyers from assisting in the
unauthorized practice of law, the unauthorized practice of law by the lawyer himself is
subsumed under this provision, because at the heart of Canon 9 is the lawyer's duty to prevent
the unauthorized practice of law. - Petition to sign in the Roll of Attorneys, Medado, B.M. No. 2540
[2013]

Intent is necessary to be guilty of unauthorized practice of law

In several cases, we have ruled that the unauthorized practice of law by assuming to be an
attorney and acting as such without authority constitutes indirect contempt which is
punishable by fine or imprisonment or both. The liability for the unauthorized practice of law

9
under Section 3(e), Rule 71 of the Rules of Court is in the nature of criminal contempt and the
acts are punished because they are an affront to the dignity and authority of the court, and
obstruct the orderly administration of justice. In determining liability for criminal contempt,
well-settled is the rule that intent is a necessary element, and no one can be punished unless
the evidence makes it clear that he intended to commit it. - Normatan & Pagayokan v.
Balajadia, G.R. No. 169517 2006

Examples of unauthorized
practice of law
In the cases where we found a party liable for the unauthorized practice of law, the party was
guilty of some overt act like:
1. signing court pleadings on behalf of his client;
2. appearing before court hearings as an attorney;
3. manifesting before the court that he will practice law despite being previously denied
admission to the bar; or
4. deliberately attempting to practice law and
5. holding out himself as an attorney through circulars with full knowledge that he is not
licensed to do so.
- Normatan & Pagayokan v. Balajadia, G.R. No. 169517 2006

Violation of Rule 138 section 6

 “[b]y utilizing the school records of his cousin and name-sake, Juan M. Publico when, in
actual fact, petitioner had not completed Grade VI of his elementary schooling, much
less, First and Second Year High School.”
 For all the foregoing, we find and so hold that respondent falsified his school records, by
making it appear that he had finished or completed Grade VI elementary and First
and Second Year high school, when in truth and in fact he had not, thereby violating
the provisions of Sections 5 and 6, Rule 127 of the Rules of Court, which require
completion by a bar examinee or candidate of the prescribed courses in elementary, high,
pre-law and law school, prior to his admission to the practice of law. - In re: Juan Publico,
Petition for Reinstatement in the Roll of Attorneys February 20, 1981

Took the Bar examination without any college degree

Complainant and respondent are siblings born to Porferio R. Caronan, Jr. and Norma A.
Caronan. Respondent is the older of the two, having been born on February 7, 1975, while
complainant was born on August 5, 1976. Both of them completed their secondary education
at the Makati High School where complainant graduated in 1993 and respondent in 1991. Upon
his graduation, complainant enrolled at the University of Makati where he obtained a degree in
Business Administration in 1997.
……
He started working thereafter as a Sales Associate for Philippine Seven Corporation (PSC), the
operator of 7-11 Convenience Stores. In 2001, he married Myrna G. Tagpis with whom he has two
(2) daughters. Through the years, complainant rose from the ranks until, in 2009, he was
promoted as a Store Manager of the 7-11 Store in Muntinlupa.

……
Meanwhile, upon graduating from high school, respondent enrolled at the Pamantasan ng
Lungsod ng Maynila (PLM), where he stayed for one (1) year before transferring to the Philippine

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Military Academy (PMA) in 1992. In 1993, he was discharged from the PMA and focused on
helping their father in the family's car rental business. In 1997, he moved to Nueva Vizcaya with
his wife, Rosana, and their three (3) children. Since then, respondent never went back to
school to earn a college degree.

……
In 1999, during a visit to his family in Metro Manila, respondent told complainant that the former
had enrolled in a law school in Nueva Vizcaya.
Subsequently, in 2004, their mother informed complainant that respondent passed the Bar
Examinations and that he used complainant's name and college records from the
University of Makati to enroll at St. Mary's University's College of Law in Bayombong,
Nueva Vizcaya and take the Bar Examinations. Complainant brushed these aside as he did not
anticipate any adverse consequences to him.

……
In 2006, complainant was able to confirm respondent's use of his name and identity when
he saw the name "Patrick A. Caronan" on the Certificate of Admission to the Bar displayed
at the latter's office in Taguig City. Nevertheless, complainant did not confront respondent
about it since he was pre-occupied with his job and had a family to support.
Sometime in May 2009, however, after his promotion as Store Manager, complainant was ordered
to report to the head office of PSC in Mandaluyong City where, upon arrival, he was informed that
the National Bureau of Investigation (NBI) was requesting his presence at its office in Taft
Avenue, Manila, in relation to an investigation involving respondent who, at that point, was
using the name "Atty. Patrick A. Caronan.“

……
On the other hand, a fellow church-member had also told him that respondent who, using the
name "Atty. Patrick A. Caronan," almost victimized his (church-member's) relatives. Complainant
also received a phone call from a certain Mrs. Loyda L. Reyes (Reyes), who narrated how
respondent tricked her into believing that he was authorized to sell a parcel of land in Taguig City
when in fact, he was not. Further, he learned that respondent was arrested for gun-running
activities, illegal possession of explosives, and violation of Batas Pambansa Bilang (BP) 22.
……
Due to the controversies involving respondent's use of the name "Patrick A. Caronan,"
complainant developed a fear for his own safety and security. He also became the subject of
conversations among his colleagues, which eventually forced him to resign from his job at
PSC. Hence, complainant filed the present Complaint-Affidavit to stop respondent's
alleged use of the former's name and identity, and illegal practice of law.

……
Here, respondent exhibited his dishonesty and utter lack of moral fitness to be a member of
the Bar when he assumed the name, identity, and school records of his own brother and dragged
the latter into controversies which eventually caused him to fear for his safety and to resign from
PSC where he had been working for years. Good moral character is essential in those who
would be lawyers. This is imperative in the nature of the office of a lawyer, the trust relation
which exists between him and his client, as well as between him and the court.
Finally, respondent made a mockery of the legal profession by pretending to have the
necessary qualifications to be a lawyer. He also tarnished the image of lawyers with his alleged

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unscrupulous activities, which resulted in the filing of several criminal cases against him.
Certainly, respondent and his acts do not have a place in the legal profession where one of the
primary duties of its members is to uphold its integrity and dignity. - Patrick A. Caronan v.
Richard A. Caronan a.k.a. “Atty. Patrick A. Caronan”, July 12, 2016, A.C. No. 11316

Is breach of promise to marry

gross immorality?

 Respondent was prevented from taking the lawyer’s oath in 1971 because of the charges of
gross immorality made by complainant. To recapitulate, respondent bore an illegitimate
child with his sweetheart, Patricia Figueroa, who also claims that he did not fulfill his
promise to marry her after he passes the bar examinations.

 We find that these facts do not constitute gross immorality warranting the permanent
exclusion of respondent from the legal profession. His engaging in premarital sexual
relations with complainant and promises to marry suggests a doubtful moral
character on his part but the same does not constitute grossly immoral conduct. The
Court has held that to justify suspension or disbarment the act complained of must not only
be immoral, but grossly immoral. - Figueroa v. Barranco, Jr. SBC Case No. 519 1997

Not grossly immoral

Respondent lawyer who made avowals to being a respectable father to three children, and also to
being a respected leader of his community apparently had no qualms or scruples about being
seen sleeping in his own bed with another man’s wife, his arms entwined in tender
embrace with the latter.

The acts complained or in this case might not be grossly or starkly immoral in its rawness or
coarseness, but they were without doubt condemnable.
- Oliver Fabugais v. Atty. Berardo C. Faunclo, Jr., A.C. no. 10145, June 11, 2018

Is poverty of litigant a justification to engage in illegal practice of law?

The defense of respondent that "his participation (sic) for defendants' cause was gratuitous as
they could not engage the services of counsel by reason of poverty and the absence of one
in the locality" cannot, even if true, carry the day for him, - Zeta v. Malinao, A.M. No. P-220,
December 20, 1978

Can a lawyer-detainee practice law?

What is the effect of non-payment of

IBP dues?
Rule 139-A, Section 10 which provides that "default in the payment of annual dues for six months
shall warrant suspension of membership in the Integrated Bar, and default in such payment for
one year shall be a ground for the removal of the name of the delinquent member from the
Roll of Attorneys.“ - Santos, Jr. V. Atty. Llamas A.C No. 4749 [2000]

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 Misrepresenting to the public and the courts that he had paid his IBP dues

 By indicating "IBP-Rizal 259060" in his pleadings and thereby misrepresenting to the

public and the courts that he had paid his IBP dues to the Rizal Chapter, respondent is
guilty of violating the Code of Professional Responsibility which provides:

 Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

 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.

 CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

 Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any court;
nor shall he mislead or allow the court to be misled by any artifice. - Santos, Jr. V. Atty.
Llamas A.C No. 4749 [2000]

Is a “senior citizen” lawyer exempted from payment of ITR also exempted from payment
of IBP dues?
While it is true that R.A. No. 7432, §4 grants senior citizens "exemption from the payment of
individual income taxes: provided, that their annual taxable income does not exceed the
poverty level as determined by the National Economic and Development Authority (NEDA) for
that year," the exemption does not include payment of membership or association dues. -
Santos, Jr. V. Atty. Llamas A.C No. 4749 [2000]

May a lawyer who has lost his Filipino citizenship still practice law in the Philippines?
The Constitution provides that the practice of all professions in the Philippines shall be limited to
Filipino citizens save in cases prescribed by law. Since Filipino citizenship is a requirement for
admission to the bar, loss thereof terminates membership in the Philippine bar and,
consequently, the privilege to engage in the practice of law. In other words, the loss of Filipino
citizenship ipso jure terminates the privilege to practice law in the Philippines. The
practice of law is a privilege denied to foreigners. - Petition for leave to resume practice of law,
Dacanay B.M. No. 1678 December 17, 2007

Effect of reacquisition of
Filipino citizenship
A Filipino lawyer who becomes a citizen of another country and later re-acquires his Philippine
citizenship under R.A. No. 9225, remains to be a member of the Philippine Bar. – Petition to
reacquire the privilege to practice law in the Philippines, Muneses, B.M. 2112 [2012]

Requirements before one can resume practice of law after reacquiring Filipino
citizenship

What is the purpose for requiring the retaking of Lawyer’s Oath?

The retaking of the lawyer’s oath which will not only remind him of his duties and
responsibilities as a lawyer and as an officer of the Court, but also renew his pledge to maintain
allegiance to the Republic of the Philippines.

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 Citizenship requirement in order to practice law in the Philippines

Constitution Art. 12 Section 14. xxx. The practice of all professions in the Philippines shall be
limited to Filipino citizens, save in cases prescribed by law.

Requirements for all applicants for admission to the bar

Section 2, Rule 138 (Attorneys and Admission to Bar) of the Rules of Court:
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 a 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.

Continuing requirements to practice law

The second requisite for the practice of law ― membership in good standing ― is a continuing
requirement. This means continued membership and, concomitantly, payment of annual
membership dues in the IBP; payment of the annual professional tax; compliance with the
mandatory continuing legal education requirement; faithful observance of the rules and
ethics of the legal profession and being continually subject to judicial disciplinary control.
-Petition for leave to resume practice of law, Dacanay B.M. No. 1678 December 17, 2007

Phases of admission to the bar

Moreover, admission to the bar involves various phases such as furnishing satisfactory proof
of educational, moral and other qualifications; passing the bar examinations; taking the
lawyer’s oath and signing the roll of attorneys and receiving from the clerk of court of this
Court a certificate of the license to practice. - Petition for leave to resume practice of
law,Dacanay B.M. No. 1678 December 17, 2007

Can a successful examinee take his oath before any person allowed by law to administer
an oath?

Section 2. Section 41 of the Administrative Code of 1987 is hereby amended to read as

follows
Sec. 41. Officers Authorized to Administer Oath. - The following officers have general authority to
administer oaths:
President;
Vice-President;
Members and Secretaries of both Houses of the Congress;
Members of the Judiciary;
Secretaries of Departments;
provincial governors and lieutenant-governors;
city mayors;
municipal mayors;
bureau directors;

14
…authorized to administer oath
regional directors;
clerks of courts;
registrars of deeds;
other civilian officers in the public service of the government of the Philippines whose
appointments are vested in the President and are subject to confirmation by the Commission on
Appointments;
all other constitutional officers;
and notaries public."

Duties of Attorneys
Rule 138 section 20 - 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.

What is a lawyer’s proof of authority to practice of law?

Rule 138 Sec. 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.

Authority to appear in behalf of a client

Sec. 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

15
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 attorney wilfully
appearing 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.
Presumption in favor of the counsel’s authority to appear
The presumption in favor of the counsels authority to appear in behalf of a client is a strong one.
A lawyer is not even required to present a written authorization from the client. In fact, the
absence of a formal notice of entry of appearance will not invalidate the acts performed
by the counsel in his clients name. However, the court, on its own initiative or on motion of
the other party require a lawyer to adduce authorization from the client. – LBP v. Pamintuan
Development, G.R. no. 16788, October 25, 2005

Failure to sign in the

Roll of Attorneys
Petitioner did not sign in the Roll of Attorneys for 32 years. What he had signed at the entrance of
the PICC was probably just an attendance record.

As Medado is not yet a full-fledged lawyer, we cannot suspend him from the practice of law.
However, we see it fit to impose upon him a penalty akin to suspension by allowing him to sign
in the Roll of Attorneys one ( 1) year after receipt of this Resolution. For his transgression of the
prohibition against the unauthorized practice of law, we likewise see it fit to fine him in the
amount of P32,000. – Petition to sign in the Roll of Attorneys, Medado, B.M. No. 2540 [2013]

Name in the Roll of Attorneys must be used in pleadings

This Court has already severely reprimanded respondent from using a name other than
authorized name in the "Roll of Attorneys" and was warned that a repetition of the same overt
act may warrant his suspension of disbarment from office in the future.
- Pangan v. Atty. Dionision Ramos,A.M. No. 1053 August 31, 1981

Certificate of Membership in Good Standing in IBP does not confer membership in the
bar
Certificate of Membership in the Integrated Bar of the Philippines as well as a Certificate of
Membership in Good Standing with the Quezon City Chapter of the Integrated Bar of the
Philippines do not constitute his admission to the Philippine Bar and the right to practice
law thereafter. - Re: Elmo Abad, A. M. No. 139 [1983]

Requirements after flunking

the bar 3 times
Sec. 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 to 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

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 subjects under the same conditions as ordinary students and the ratings obtained by them in
the particular subject.

Requirements after flunking

the bar 3 times
Enrollment and completion of pre-bar review course is an additional requirement under Rule
138 of the Rules of Court for those who failed the bar examinations for three (3) or more times. -
In re: Purisima, B.M. Nos. 979 and 986 [2002]

A “Counselor” is not an “Attorney”

 The title of "attorney" is reserved to those who, having obtained the necessary
degree in the study of law and successfully taken the Bar Examinations, have been
admitted to the Integrated Bar of the Philippines and remain members thereof in
good standing; and it is they only who are authorized to practice law in this jurisdiction.
 Alauya says he does not wish to use the title, "counsellor" or "counsellor-at-law," because
in his region, there are pejorative connotations to the term, or it is confusingly similar
to that given to local legislators. The ratiocination, valid or not, is of no moment. His
disinclination to use the title of "counsellor" does not warrant his use of the title of
attorney.
 His disinclination to use the title of "counselor" does not warrant his use of the title of
attorney. - Alawi v. Alauya, A.M. SDC-97-2-P. February 24, 1997

Can an “indefinite suspension” from the practice of law prohibit a lawyer from filing a
citizen or taxpayer suit?
Petitioner Alan F. Paguia (petitioner), as citizen and taxpayer, filed this original action for the
writ of certiorari to invalidate President Gloria Macapagal-Arroyo’s nomination of respondent
former Chief Justice Hilario G. Davide, Jr. (respondent Davide) as Permanent Representative to
the United Nations (UN) for violation of Section 23 of Republic Act No. 7157 (RA 7157), the
Philippine Foreign Service Act of 1991.
In their separate Comments, respondent Davide, the Office of the President, and the Secretary of
Foreign Affairs (respondents) raise threshold issues against the petition. First, they question
petitioner’s standing to bring this suit because of his indefinite suspension from the
practice of law.
……
An incapacity to bring legal actions peculiar to petitioner also obtains. Petitioner’s suspension
from the practice of law bars him from performing “any activity, in or out of court, which requires
the application of law, legal procedure, knowledge, training and experience.” Certainly,
preparing a petition raising carefully crafted arguments on equal protection grounds and
employing highly legalistic rules of statutory construction to parse Section 23 of RA 7157
falls within the proscribed conduct. - Paguia v. Office of the President, G.R. No. 176278 [2010]

Is giving legal advice regarding law of a foreign country “practice of law”?

 Rule 3 prohibits a member of the State Bar ‘from ‘directly or indirectly’ aiding or abetting
the Unauthorized practice of law.' The practice of law “includes legal advice and counsel,
and the preparation of legal instruments and contracts by which legal rights are secured
although such matter may or may not be depending in a court.”
 Whether a person gives advice as to (local) law, Federal law, the law of a sister State, or
the law of a foreign country, he is giving legal advice. . . . To hold otherwise would be to

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 state that a member of the (State) Bar  only practices law when he deals with local law, a
manifestly anomalous statement.
 Giving legal advice regarding the law of a foreign country thus constitutes the
practice of law, and the next question is whether such practice is unauthorized. Does
[the word] “law” include foreign law?
 On appeal the New York Court of Appeals held that “law” as used in the New York code
section proscribing the unlicensed practice of ‘law’ included foreign law. - Bluestein
v. State Bar of California, 529 P.2d 799, 1974
…….
A foreign law specialist, on the other hand, is not subject to discipline; he need not be a lawyer
of any jurisdiction; he may be without good character; and his activities may not even be
regulated under the present state of the law.’ -Bluestein v. State Bar of California, 529 P.2d 799,
1974
Use of “J.D.” during suspension or disbarment
 Respondent [allegedly] violated the Appellate Division's Order of Suspension by
publishing an article in the Journal of Urban Psychiatry entitled "The Right to Refuse
Treatment: Therapeutic Orgy or Rotting With Your Rights On?," and by identifying
himself in the article as "Robert T. Rowe, J.D.“
 Respondent's article sought only to present the state of the law to any reader
interested in the subject. Inasmuch as it neither rendered advice to a particular
person nor was intended to respond to known needs and circumstances of a larger
group, its publication did not constitute the practice of law. – In re: Robert T. Rowe, a
suspended attorney., 80 N.Y.2d 336, 604 N.E.2d 728, 590 N.Y.S.2d 179 (1992).
………
Finally, it is not clear from the Appellate Division's decision whether it concluded that
respondent, by use of the letters J.D. following his name, had "[held] himself out as an
attorney" in violation of subdivision of its suspension order. If it did so, its determination was
error. The letters identified him as one who had successfully completed a law school
curriculum, not as a member of the Bar licensed to practice law. - In re: Robert T. Rowe, a
suspended attorney., 80 N.Y.2d 336, 604 N.E.2d 728, 590 N.Y.S.2d 179 (1992).

RULE 7
EXEMPTIONS
Section 1. Parties exempted from the MCLE
B.M. No. 850 August 22, 2000

The following members of the Bar are exempt from the MCLE requirement:
(a) The President and the Vice President of the Philippines, and the Secretaries and
Undersecretaries of Executives Departments;
(b) Senators and Members of the House of Representatives;
(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired
members of the judiciary, incumbent members of the Judicial and Bar Council and
incumbent court lawyers covered by the Philippine Judicial Academy program of
continuing judicial education;

……
(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department
of Justice;

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(e) The Solicitor General and the Assistant Solicitor General;
(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
(g) The Chairmen and Members of the Constitutional Commissions;
(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special
Prosecutor of the Office of the Ombudsman;
(i) Heads of government agencies exercising quasi-judicial functions;
……
(j) Incumbent deans, bar reviews and professors of law who have teaching experience for at least
10 years accredited law schools;
(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial
Lectures of the Philippine Judicial Academy; and
(l) Governors and Mayors.

……
Section 2. Other parties exempted from the MCLE
The following Members of the Bar are likewise exempt:
(a) Those who are not in law practice, private or public.
(b) Those who have retired from law practice with the approval of the IBP Board of Governors.
Section 3. Good cause for exemption from or modification of requirement
A member may file a verified request setting forth good cause for exemption (such as physical
disability, illness, post graduate study abroad, proven expertise in law, etc.) from compliance with
or modification of any of the requirements, including an extension of time for compliance, in
accordance with a procedure to be established by the MCLE Committee.

……
Section 4. Change of status
The compliance period shall begin on the first day of the month in which a member ceases to be
exempt under Sections 1, 2, or 3 of this Rule and shall end on the same day as that of all other
members in the same Compliance Group.
Section 5. Proof of exemption
Applications for exemption from or modification of the MCLE requirement shall be under oath
and supported by documents.

Good cause for exemption from (MCLE) or modification of requirement B.M. 850
Rule 7 Section 3. Good cause for exemption from or modification of requirement
A member may file a verified request setting forth good cause for exemption (such as physical
disability, illness, post graduate study abroad, proven expertise in law, etc.) from compliance with
or modification of any of the requirements, including an extension of time for compliance, in
accordance with a procedure to be established by the MCLE Committee.

Whether respondent is administratively liable for his failure to comply with the MCLE
requirements.
Section 12(5) of the MCLE Implementing Regulations provides:
xxxx
(5) Any other act or omission analogous to any of the foregoing or intended to circumvent or
evade compliance with the MCLE requirements. A member failing to comply with the
continuing legal education requirement will receive a Non-Compliance Notice stating
his specific deficiency and will be given sixty (60) days from the receipt of the notification to

19
 explain the deficiency or otherwise show compliance with the requirements. Such
notice shall be written in capital letters as follows:
YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR
PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT WITHIN 60 DAYS FROM
RECEIPT OF THIS NOTICE SHALL BE A CAUSE FOR LISTING YOU AS A DELINQUENT
MEMBER AND SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL SUCH TIME AS
ADEQUATE PROOF OF COMPLIANCE IS RECEIVED BY THE MCLE COMMITTEE.
……
The Member may use the 60-day period to complete his compliance with the MCLE requirement.
Credit units earned during this period may only be counted toward compliance with the prior
period requirement unless units in excess of the requirement are earned in which case the excess
may be counted toward meeting the current compliance period requirement.
A member who is in non-compliance at the end of the compliance period shall pay a non-
compliance fee of P1,000.00 and shall be listed as a delinquent member of the IBP by the
IBP Board of Governors upon the recommendation of the MCLE Committee, in which case
Rule 139-A of the Rules of Court shall apply.
……
Rule 139-A
Section 10. Effect of non-payment of dues. — Subject to the provisions of Section 12 of this Rule,
default in the payment of annual dues for six months shall warrant suspension of
membership in the Integrated Bar, and default in such payment for one year shall be a
ground for the removal of the name of the delinquent member from the Roll of Attorneys.
……
In addition, his listing as a delinquent member of the IBP is also akin to suspension because
he shall not be permitted to practice law until such time as he submits proof of full compliance to
the IBP Board of Governors, and the IBP Board of Governors has notified the MCLE Committee of
his reinstatement, under Section 14 of the MCLE Implementing Regulations. Hence, we deem it
proper to declare respondent as a delinquent member of the IBP and to suspend him from
the practice of law for six months or until he has fully complied with the requirements of the
MCLE for the First, Second, Third, and Fourth Compliance Periods, whichever is later, and he has
fully paid the required non-compliance and reinstatement fees. - Atty. Samuel B. Amado v. Atty.
Homobono A. Adaza, A.C. No. 9834, August 26, 2015
……
With regard to Orlando’s alleged violation of BM No. 1922, the Court agrees with the IBP that his
failure to disclose the required information for MCLE compliance in the complaint for
damages he had filed against his brother Marcelo is not a ground for disbarment. At most, his
violation shall only be cause for the dismissal of the complaint as well as the expunction thereof
from the records. – Maximo Doble III v. Atty. Orlando 0. Ailes, A.C. No. 10628, July 01, 2015

Failure to disclose MCLE information in pleadings

OCA Circular no. 79-2014
In the Resolution of the Court En Banc dated January 14, 2014 in the above-cited administrative
matter, the Court RESOLVED, upon the recommendation of the MCLE Governing Board, to: (a)
AMEND the June 3, 2008 resolution by repealing the phrase “Failure to disclose the required
information would cause the dismissal of the case and the expunction of the pleadings from the
records” and replacing it with “Failure to disclose the required information would subject
the counsel to appropriate penalty and disciplinary action”; and
……

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(b) PRESCRIBE the following rules for non-disclosure of current MCLE compliance/exemption
number in the pleadings:
(i) The lawyer shall be imposed a fine of P2,000.00 for the first offense, P3,000.00 for the second
offense and P4,000.00 for the third offense;
(ii) In addition to the fine, counsel may be listed as a delinquent member of the Bar pursuant
to Section 2, Rule 13 of Bar Matter No. 850 and its implementing rules and regulations;
and
(iii) The non-compliant lawyer shall be discharged from the case and the client/s shall be
allowed to secure the services of a new counsel with the concomitant right to demand
the return of fees already paid to the non-compliant lawyer.
This revokes OCA Circular No. 66-2008 dated July 22, 2008, and any prior circular from the Office
of the Court Administrator on this matter which is contrary to the foregoing is hereby
superseded.
For your information, guidance and strict compliance. 26 May 2014

Written entry of appearance and MCLE compliance

SC Resolution February 17, 2015
"B.M. No. 850 (Re: Rules on Mandatory Continuing Legal Education for Active Members of the
Integrated Bar of the Philippines). Acting on the Letter dated January 13, 2015 of Hon. Bernardo P.
Pardo, Chairperson, MCLE Governing Board, submitting for the Court's approval the MCLE
Governing Board Resolution No. 007-2014, the Court Resolved to REQUIRE all members of the
Integrated Bar of the Philippines to file a written entry of appearance indicating their MCLE
exemption or compliance number for the current or immediately preceding compliance period
and date of issuance thereof before appearing as counsel or engaging in oral argument in
open court or before a quasi-judicial body.
……
However, counsels who affixed their signatures in - their pleadings and indicated their MCLE
exemption or compliance number in their pleadings need not file a separate entry of
appearance. Henceforth, all counsels, including partners of law firms whose names appear in the
said pleadings, shall also indicate their MCLE exemption or compliance number.
This resolution shall take effect on March 1, 2015 following its publication in a newspaper of
general circulation."

B.M. No. 287

Re: Requirement that Official Receipt Number and Date of Payment of Current IBP
Membership Dues Be Indicated By Counsel Per IBP Resolution No. XIV-1999-63
 All pleadings, motions and papers filed in court, whether personally or by mail, shall bear
counsel's current IBP official receipt number and date of issue, otherwise, such
pleadings, motions and papers may not be acted upon by the court, without prejudice
to whatever disciplinary action the court may take against the erring counsel who
shall likewise be required to comply with the requirement within five (5) days from notice.
Failure to comply with such requirement shall be a ground for further disciplinary
sanction and for contempt of court.
 The number and date of such official receipt for the current year may continually be
indicated thereon until the end of February of the succeeding year.
 This amended Resolution shall take effect on 1 December 2000 and shall be published in
two (2) newspapers of general circulation in the Philippines not later than 20 October
2000.

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 Place of issue of the IBP official receipt is
not a requirement
 Through Bar Matter No. 287, this court required the inclusion of the number and date of
[lawyers'] official receipt indicating payment of their annual membership dues to the
Integrated Bar of the Philippines for the current year; in lieu of this, a lawyer may indicate
his or her lifetime membership number:
 Effective August 1, 1985, all lawyers shall indicate in all pleadings, motions and papers
signed and filed by them in any Court in the Philippines, the number and date of their
official receipt indicating payment of their annual membership dues to the
Integrated Bar of the Philippines for the current year; provided, however, that such
official receipt number and date for any year may be availed of and indicated in all
such pleadings, motions and papers filed by them in court up to the end of the
month of February of the next succeeding year.
 Indicating the place of issue of the official receipt is not even a requirement. While
its inclusion may certainly have been desirable and would have allowed for a more
consummate disclosure of information, its non inclusion was certainly not fatal. As with
the other procedural lapses considered by the Court of Appeals, its non-inclusion could
have very easily been remedied by the Court of Appeals' prudent allowance of time and
opportunity to petitioners and their counsel. – Cortal, et. al. v. Inaki A. Larrazabal
Enterprises, et. al., G.R. No. 199107, August 30, 2017

“Rule on Community Legal Aid Service”

or the “CLAS Rules” - A.M. No. 17-03-09-SC
 Covered lawyers shall refer to those who have signed the Roll of Attorneys in year
2018 and onwards.
 Covered lawyers, as defined under Section 4(a), are required to render one hundred
twenty (120) hours of pro bono legal aid services to qualified parties.
 Covered lawyers who are working in the government, but are not exempted under this
CLAS Rules, may request that their compliance be done during weekends.

SECTION 8. Exemptions. — The following shall be exempted from the requirements of

this CLAS Rules upon sufficient proof of their respective circumstances submitted with
the OBC:
 Those already employed, upon admission into the Bar, with the judiciary, the Public
Attorney’s Office, the National Prosecution Service, the Office of the Solicitor General, the
Office of the Government Corporate Counsel, and the Office of the Ombudsman shall be
automatically exempt from compliance with this Rule. In this regard, the concerned
lawyers shall submit the necessary certificate of employment. Provided, however, that
they shall undertake to remain in the government service for at least one (1) year
from admission to the Bar. A violation of the said undertaking shall nullify their certificate
of exemption.

Thank you for your attention!!

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