CHAPTER IV

The Legal Profession And The

Qualifications And Procedure For
Admission To The Practice of Law
WHAT ARE THE QUALIFICATIONS FOR
ADMISSION TO THE PRACTICE OF LAW?
 First Requirement (Before Admission the to Bar):
a. Citizenship
b. Age
c. Residence
d. Educational Qualification
d.1 Completed a four-year high school course, a
prerequisite to a bachelor’s degree in arts or science;
d.2 Completed a bachelor’s degree with any of the
following subjects as major or field of concentration:
Political Science, Logic, English, Spanish, History, Economics
d. 3 Completed a Bachelor of Laws degree in a law
school or university approved and recognized by the
Secretary of Education.
WHAT ARE THE QUALIFICATIONS FOR
ADMISSION TO THE PRACTICE OF LAW?
 First Requirement (Before Admission the to Bar):
e. Moral and other Qualifications
f. Bar Examination
f.1 general average of 75% in any subject;
f.2 in determining the average, the subjects in the
examination shall be given the following weights: Civil Law
(15%), Labor and Social Legislation (10%), Political and
International Law (15%), Taxation (10%), Remedial Law
(20%), Legal Ethics and Practical Exercises (5%)
g. Oath (Sec. 17, Rule 138, ROC)
h. Attorney’s Roll (Sec. 18 and 19, Rule 138, ROC)
WHAT ARE THE QUALIFICATIONS FOR
ADMISSION TO THE PRACTICE OF LAW?
 Second Requirement (After Admission the to Bar):
The lawyer must remain in GOOD and REGULAR
STANDING. This requires the following:
(a) He must be a member of the IBP
(b) He must regularly pay all the IBP membership dues
and other lawful assessment;
(c) He must observe faithfully the rules and ethics of the
profession; and
(d) He should be subject to judicial disciplinary control
 WHAT IS THE PURPOSE OF IMPOSING
THE REQUIREMENTS?

 To see to it that those who are admitted to the

practice of law are MENTALLY and MORALLY fit
to discharge their duties to their CLIENTS, to the
COURTS, and to the PUBLIC in general.
 WHAT ARE THE PROCEDURES FOR
ADMISSION TO THE PRACTICE OF LAW?
 Pass the Bar Examination conducted by a
committee of bar examiners appointed by the SC
 Examination shall take place annually in the City
of Manila which shall be held in four (4) days to be
designated by the Chairman of the committees on
bar examiners.
Subjects distributed as follows (Sec. 8 & 11, Rule 38, ROC):
First Day: Political and International Law (am) and
Labor and Social Legislation (pm);
Second Day: Civil Law (am) and Taxation (pm);
Third Day: Mercantile Law (am) and Criminal Law (pm);
Fourth Day: Remedial Law (am) and Legal Ethics and
practical exercises (pm).
 WHAT ARE THE PROCEDURES FOR
ADMISSION TO THE PRACTICE OF LAW?
 The Committee of bar examiners shall be
composed of a Justice of the Supreme Court, who
shall act as chairman, and eight members of the
IBP.
 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.
 In order that a candidate may be deemed to have
passed his examinations successfully, he must have
obtained a general average of 75% in all subjects,
without falling below 50% in any subject.
 WHAT IS THE CONSEQUENCE OF
FAILURE TO PASS THE EXAMINATION?
 Candidates who have failed the Bar Examination
for three (3) 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 classes
as well as attended a pre-bar review course in a
recognized law school.

 Candidates who have failed the Bar Examination

for five (5) times shall be PERPETUALLY
disqualified from taking the Bar Examination.
WHY IS PRACTICE OF LAW MORE OF A
PRIVILEGE THAN A RIGHT?

 The practice of law is not a matter of right. It is a

privilege accorded only to those who measure up
to certain RIGID STANDARDS of MENTAL and
MORAL fitness.

 Anyone who is granted the said privilege is

expected to maintain the said rigid standards.
WHY IS PRACTICE OF LAW MORE OF A
PRIVILEGE THAN A RIGHT?

Tan vs. Sabandal, B.M. No. 44

Boquia vs. Sabandal, SBC 66, Feb. 24, 1992
Melencio-Herrera, J.

“The Practice of Law is not a matter of right. It is

a privilege bestowed upon individuals who are not
learned in the law but who are also known to
possess good moral character.”
WHY IS PRACTICE OF LAW MORE OF A
PRIVILEGE THAN A RIGHT?
Legarda vs. Court of Appeals
G.R. No. 94457, June 10, 1992
En Banc, Per Curiam
“Lawyers are indispensable part of the whole system of
administering justice in this jurisdiction. At a time when
strong and disturbing criticisms are being hurled at the legal
profession, strict compliance with one’s oath of office and the
Canons of Professional Ethics is imperative.”

“Lawyers should be fair, honest, responsible, above suspicion

and beyond reproach in dealing with their clients. The
profession is not synonymous with an ordinary business
profession. It is a matter of public interest.”
 WHY IS PRACTICE OF LAW A
PROFESSION AND NOT A BUSINESS?

Law advocacy is not a capital that yields profits.

The returns it gives birth to are simple rewards for
job done or service rendered. It is a calling that,
unlike mercantile pursuits which enjoy a greater
deal of freedom from government interference, is
impressed with public interest, for which it is subject
to State regulation (MBTC vs. CA, G.R. Nos. 86100-03,
Jan. 23. 1990, Second Division, Regalado, J.)
 WHY IS PRACTICE OF LAW A
PROFESSION AND NOT A BUSINESS?

Membership in the legal profession is achieved

only after a long and laborious study. By years of
patience, zeal and ability, the attorney acquires
fixed means of support for himself and his family.
This is not to say, however, that the emphasis is on
the pecuniary value of this profession bur rather on
the social prestige and intellectual standing
necessarily arising from and attached to the same
person of the fact that everyone is deemed an
officer of the court. (Conrad vs. Navarro, Adm. Case No.
2033; Ortigas vs. Navarro, Adm. Case No. 2148, May 9, 1990,
En Banc, Per Curiam)