LEGAL PROFESSION Section 2 was declared unconstitutional due to

the fatal defect of not being embraced in the title

I. INTRODUCTION of the Act. As per its title, the Act should affect
II. HISTORY OF THE LEGAL only the bar flunkers of 1946 to 1955 Bar
PROFESSION, SUPERVISION AND examinations. Section2 establishes a permanent
CONTROL system for an indefinite time. It was also struck
down for allowing partial passing, thus failing to
CASE: CUNANAN 94 PHIL 534 take account of the fact that laws and
jurisprudence are not stationary.
IN RE CUNANAN
As to Section1, the portion for 1946-1951 was
94 PHIL. 534
declared unconstitutional, while that for 1953 to
1955 was declared in force and effect. The
portion that was stricken down was based under
FACTS: the following reasons:

Congress passed Rep. Act No. 972, or what is The law itself admits that the candidates for
known as the Bar Flunkers Act, in 1952. The title admission who flunked the bar from 1946 to
of the law was, “An Act to Fix the Passing Marks 1952 had inadequate preparation due to the fact
for Bar Examinations from 1946 up to and that this was very close to the end of World War
including 1955.” II;

Section 1 provided the following passing marks: The law is, in effect, a judgment revoking the
resolution of the court on the petitions of the
1946-1951………………70% said candidates;
1952 …………………….71% The law is an encroachment on the Court’s
primary prerogative to determine who may be
1953……………………..72%
admitted to practice of law and, therefore, in
1954……………………..73% excess of legislative power to repeal, alter and
supplement the Rules of Court. The rules laid
1955……………………..74% down by Congress under this power are only
minimum norms, not designed to substitute the
Provided however, that the examinee shall have
judgment of the court on who can practice law;
no grade lower than 50%.
and
Section 2 of the Act provided that “A bar
The pretended classification is arbitrary and
candidate who obtained a grade of 75% in any
amounts to class legislation.
subject shall be deemed to have already passed
that subject and the grade/grades shall be As to the portion declared in force and effect, the
included in the computation of the general Court could not muster enough votes to declare
average in subsequent bar examinations.” it void. Moreover, the law was passed in 1952, to
take effect in 1953. Hence, it will not revoke
ISSUE:
existing Supreme Court resolutions denying
Whether of not, R.A. No. 972 is constitutional. admission to the bar of an petitioner. The same
may also rationally fall within the power to
RULING: Congress to alter, supplement or modify rules of
admission to the practice of law.
 III. HOW TO BECOME A LAWYER shall be the same for all examinees and
A. REQUIREMENTS BEFORE ADMISSION a copy thereof, in English or Spanish,
TO THE BAR shall be given to each examinee.
Examinees shall answer the questions
RULE 138 OF THE REVISED RULES OF COURT personally without help from anyone.
E. Section 14. Passing average. — In order
that a candidate may be deemed to
Section 1. Who may practice law. — Any person
have passed his examinations
heretofore duly admitted as a member of the
successfully, he must have obtained a
bar, or hereafter admitted as such in accordance
general average of 75 per cent in all
with the provisions of this rule, and who is in
subjects, without falling below 50 per
good and regular standing, is entitled to practice
cent in any subjects. In determining the
law.
average, the subjects in the examination
shall be given the following relative
Section 2. Requirements for all applicants for weights: Civil Law, 15 per cent; Labor
admission to the bar. — Every applicant for and Social Legislation, 10 per cent;
admission as a member of the bar must be a Mercantile Law, 15 per cent; Criminal
citizen of the Philippines, at least twenty-one Law; 10 per cent: Political and
years of age, of good moral character, and International Law, 15 per cent; Taxation,
resident of the Philippines; and must produce 10 per cent; Remedial Law, 20 per cent;
before the Supreme Court satisfactory evidence Legal Ethics and Practical Exercises, 5
of good moral character, and that no charges per cent.
against him, involving moral turpitude, have F. Section 15. Report of the committee;
been filed or are pending in any court in the filing of examination papers. — Not
Philippines. later than February 15th after the
examination, or as soon thereafter as
1. CITIZENSHIP may be practicable, the committee shall
2. RESIDENCE file its report on the result of such
3. AGE examination. The examination papers
4. EDUCATIONAL QUALIFICATION and notes of the committee shall be
5. GOOD MORAL CHARACTER filed with the clerk and may there be
examined by the parties in interest,
B. MORAL TURPITUDE after the court has approved the report.
C. Section 9. Examination; subjects. —
Applicants, not otherwise provided for *LAWYERS OATH:
in sections 3 and 4 of this rule, shall be
subjected to examinations in the I___________ of ___________ do solemnly
following subjects: Civil Law; Labor and swear that I will maintain allegiance to the
Social Legislation; Mercantile Law; Republic of the Philippines; I will support its
Criminal Law; Political Law Constitution and obey laws as well as the legal
(Constitutional Law, Public orders of the duly constituted authorities therein;
Corporations, and Public Officers); I will do no falsehood, nor consent to the doing of
International Law (Private and Public); any court; I will not wittingly nor willingly
Taxation; Remedial Law (Civil promote or sue any groundless, false or unlawful
Procedure, Criminal Procedure, and suit, or give aid nor consent to the same; I will
Evidence); Legal Ethics and Practical delay no man for money or malice, and will
Exercises (in Pleadings and conduct myself as a lawyer according to the best
Conveyancing). of my knowledge and discretion with all good
D. Section 10. Bar examination, by fidelity as well to the courts as to my clients; and
questions and answers, and in writing. I impose upon myself this voluntary obligations
— Persons taking the examination shall without any mental reservation or purpose of
not bring papers, books or notes into evasion. So help me God.
the examination rooms. The questions
Section 17. Admission and oath of successful Section 10. Effect of non-payment of dues. —
applicants. — An applicant who has passed the Subject to the provisions of Section 12 of this
required examination, or has been otherwise Rule, default in the payment of annual dues for
found to be entitled to admission to the bar, shall six months shall warrant suspension of
take and subscribe before the Supreme Court the membership in the Integrated Bar, and default in
corresponding oath of office. such payment for one year shall be a ground for
the removal of the name of the delinquent
*ATTORNEY’S ROLE member from the Roll of Attorneys.

Section 19. Attorney's roll. — The clerk of the C. HE MUST OBSERVE FAITHFULLY THE RULES
Supreme Court shall kept a roll of all attorneys AND ETHICS OF THE PROFESSION
admitted to practice, which roll shall be signed by
the person admitted when he receives his D. HE SHOULD BE SUBJECT TO JUDICIAL
certificate. DISCIPLINARY CONTROL

B. REQUIREMENTS AS MEMBERS OF THE BAR Section 27. Attorneys removed or suspended by

Supreme Court on what grounds. — A member of
A. HE MUST BE A MEMBER IBP the bar may be removed or suspended from his
office as attorney by the Supreme Court for any
RULE 139-A deceit, malpractice, or other gross misconduct in
such office, grossly immoral conduct, or by
Integrated Bar of the Philippines reason of his conviction of a crime involving
moral turpitude, or for any violation of the oath
Section 1. Organization. — There is hereby which he is required to take before the admission
organized an official national body to be known to practice, or for a wilfull disobedience of any
as the "Integrated Bar of the Philippines," lawful order of a superior court, or for corruptly
composed of all persons whose names now or willful appearing as an attorney for a party to
appear or may hereafter be included in the Roll a case without authority so to do. The practice of
of Attorneys of the Supreme Court. soliciting cases at law for the purpose of gain,
either personally or through paid agents or
brokers, constitutes malpractice.
Section 2. Purposes. — The fundamental
purposes of the Integrated Bar shall be to elevate
the standards of the legal profession, improve Section 28. Suspension of attorney by the Court
the administration of justice, and enable the Bar of Appeals or a Court of First Instance. — The
to discharge its public responsibility more Court of Appeals or a Court of First Instance may
effectively. suspend an attorney from practice for any of the
causes named in the last preceding section, and
after such suspension such attorney shall not
B. HE MUST REGULARLY PAY ALL IBP
practice his profession until further action of the
MEMBERSHIP DUES AND OTHER LAWFUL
Supreme Court in the premises.
ASSESSMENT

E. GOOD MORAL CHARACTER

Section 9. Membership dues. — Every member of
the Integrated Bar shall pay such annual dues as
F.MANDATORY CONTINUING LEGAL
the Board of Governors shall determine with the
approval of the Supreme Court. A fixed sum EDUCATION
equivalent to ten percent (10%) of the collection
from each Chapter shall be set aside as a Welfare
Fund for disabled members of the Chapter and Rule 2. MANDATORY CONTINUING LEGAL EDUCATION

the compulsory heirs of deceased members

thereof.
 SECTION 1. Commencement of the MCLE. Within 1. Legal advice and instruction
two (2) months from the approval of these Rules by 2. Drafting or preparation of legal
the Supreme Court En Banc, the MCLE Committee documents
shall be constituted and shall commence the
3. Litigation- most visible activity of a
implementation of the Mandatory Continuing Legal
Education (MCLE) program in accordance with these lawyer
Rules.
Practice of law- any activity in or out of the court
SEC. 2. Requirements of completion of MCLE. which requires the application of law, legal
Members of the IBP not exempt under Rule 7 shall procedure, knowledge, and training and
complete every three (3) years at least thirty-six (36)
experience. (Cayetano VS Munsod)
hours of continuing legal education activities
approved by the MCLE Committee. Of the 36 hours: Pupose why we need to define what is practice of
(a) At least six (6) hours shall be devoted to law?
legal ethics equivalent to six (6) credit
units. 1. To establish a Lawyer and client
relationship and thus entitled one to
(b) At least four (4) hours shall be devoted
to trial and pretrial skills equivalent to collect payments for services.
four (4) credit units. 2. To use that action as a basis for a case of
usurpation of official function against
(c) At least five (5) hours shall be devoted
those who are not members of the bar.
to alternative dispute
resolution equivalent to five (5) credit
Life, liberty and property are the important things left
units.
in the hands of the lawyer.
(d) At least nine (9) hours shall be devoted
to updates on substantive and Basis whether an action constitutes practice of
procedural laws, and law:
jurisprudence equivalent to nine (9)
credit units. 1. Habituality- customarily or habitually
(e) At least four (4) hours shall be devoted holding yourself available to the public
to legal writing and oral as a lawyer.
advocacy equivalent to four (4) credit 2. Compensation- main source of income.
units. 3. Application of law, procedures, legal
(f) At least two (2) hours shall be devoted principles
to international law and international 4. Attorney- client relationship – an
conventions equivalent to two (2) existence of terms and conditions
credit units. (liabilities and obligations).
(g) The remaining six (6) hours shall be
AM-P- 99-1287 January 26, 2001
devoted to such subjects as may be
prescribed by the MCLE
AM 937-696-0 February 21, 1995
Committee equivalent to six (6) credit
units.
CASE ASSIGNMENT: Ulep vs Legal Clinic
G. MANDATORY FREE LEGAL AID

IV. NATURE AND MEANING OF LEGAL Ulep v. Legal Clinic, Inc.

PROFESSION Rule 2.03 | June 17, 1993 | Regalado, Nature of Case:
Original Petition in the SC Petitioner: Mauricio Ulep
Practice of Law: The primary role of a lawyer Respondent: The Legal Clinic, Inc.
SUMMARY: The contention of respondent that it merely offers
Petitioner avers that the advertisements reproduced legal support services can neither be seriously
are champertous, unethical, demeaning of the law considered nor sustained. Said proposition is belied
profession, and destructive of the confidence of the by respondent's own description of the services it has
community in the integrity of the members of the bar been offering.
and that, as a member of the legal profession, he is
ashamed and offended by the said advertisements.
Respondent admits the fact of publication of said While some of the services being offered by
advertisements at its instance, but claims that it is not Respondent Corporation merely involve mechanical
engaged in the practice of law but in the rendering of and technical know-how, such as the installation of
"legal support services" through paralegals with the computer systems and programs for the efficient
use of modern computers and electronic machines. management of law offices, or the computerization of
DOCTRINE: research aids and materials, these will not suffice to
The services offered by respondent include various justify an exception to the general rule.
legal problems wherein a client may avail of legal
services from simple documentation to complex It is palpably clear that respondent corporation gives
litigation and corporate undertakings. Most of these out legal information to laymen and lawyers. Its
services are exclusive functions of lawyers engaged in contention that such function is non-advisory and
the practice of law. Only a person duly admitted as a non-diagnostic is more apparent than real.
member of the bar and who is in good and regular
standing is entitled to practice law. In providing information, for example, about foreign
FACTS: laws on marriage, divorce and adoption, it strains the
credulity of this Court that all that respondent
Mauricio C. Ulep, petitioner, prays for the Court "to corporation will simply do is look for the law, furnish
order the respondent, The Legal Clinic, Inc., to a copy thereof to the client, and stop there as if it
cease and desist from issuing advertisements similar were merely a bookstore
to or of the same tenor as that of Annexes `A' and `B'
(of said petition) and to perpetually prohibit persons It is clear that services offered by respondent fall
or entities from making advertisements pertaining to within the ambit of the practice of law. And only a
the exercise of the law profession other than those person duly admitted as a member of the bar and who
allowed by law.” is in good and regular standing is entitled to practice
law.
Petitioner avers that the advertisements reproduced ISSUE/S & RATIO:
are champertous, unethical, demeaning of the law 1.
profession, and destructive of the confidence of the
community in the integrity of the members of the bar WON the services offered by respondent, The Legal
and that, as a member of the legal profession, he is Clinic, Inc., as advertised by it constitutes practice of
ashamed and offended by the said advertisements. law and, in either case, whether the same can
properly be the subject of the advertisements herein
Respondent admits the fact of publication of said complained of – YES The Legal Clinic is engaged in the
advertisements at its instance, but claims that it is not practice of law and such practice is not allowed.
engaged in the practice of law but in the rendering of Respondent is composed mainly of paralegals; the
"legal support services" through paralegals with the services it offers include various legal problems
use of modern computers and electronic machines. wherein a client may avail of legal services from
simple documentation to complex litigation and
Respondent further argues that assuming that the corporate undertakings. Most of these services are
services advertised are legal services, the act of undoubtedly beyond the domain of paralegals, but
advertising these services should be allowed rather, are exclusive functions of lawyers engaged in
supposedly in the light of the case of John R. Bates the practice of law. Under Philippine jurisdiction
and Van O'Steen vs. State Bar of Arizona, reportedly however, the services being offered by Legal Clinic
decided by the United States Supreme Court on June which constitute practice of law cannot be performed
7, 1977. by paralegals. Only a person duly admitted as a
member of the bar and who is in good and regular
standing, is entitled to practice law.
RULING:

The Court Resolved to RESTRAIN and ENJOIN The

Legal Clinic, Inc., from issuing or causing the
publication or dissemination of any advertisement in
any form which is of the same or similar tenor and
purpose as Annexes "A" and "B" of
this petition, and from conducting, directly or indirec
tly, any activity, operation ortransaction proscribed
by law or the Code of Professional Ethics as indicated
herein.
NOTE: Rule 2.03
- A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business

3. DEFINITION OF TERMS

LAWYER- a person whose job is to guide and assist

people in matters relating to the law.

ATTORNEY- AT- LAW-

93-76960