Research:

Etymology of attorney; to attorn

early 14c. (mid-13c. in Anglo-Latin), from Old French atorn "(one) appointed," past participle of aturner "to decree, assign, appoint," from
atorner. 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.
Ex. 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).
Attorn - 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."
Difference between the ff.: (Attorney, Barrister, Solicitor)
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.
Origin of the word abogado
Origin of the phrase take up the cudgels Game of Thrones Season 01 Episode 06; Season 04 Ep. 06 & 08
also take up the cudgels on behalf of somebody/something (British & Australian)
to argue strongly in support of someone or something
Usage notes: A cudgel is a short, heavy stick which is used as a weapon.
Season 1 - Episode 6: "A Golden Crown"
Plot:
"The episode's plot depicts the deterioration of the political balance of the seven kingdoms, with Eddard Stark having to deal with the Lannister
aggressions while King Robert is away on a hunt. At the Eyrie, Tyrion is put on trial, and across the Narrow Sea, Viserys Targaryen is
determined to force Khal Drogo to make him king. The episode was well received by critics, who praised aspects of the King's Landing storyline
and the culmination of Viserys' storyline."
-

Related part:
"Tyrion (Peter Dinklage) is able to trick Lysa Arryn (Kate Dickie) into summoning a court to listen to his confession, at which he confesses
nothing about the attempt on Bran's life or Lysa's husband's death. After, Tyrion publicly demands a trial by combat, and the mercenary Bronn
(Jerome Flynn) volunteers to fight for him. Lysa Arryn has no choice but to allow it. Bronn defeats Lysa's champion Ser Vardis Egen (Brendan
McCormack) by tiring the heavily armored knight, and Tyrion is allowed to walk free with Bronn as his escort, much to the dismay of the Tully
sisters."
Season 4 - Episode 6: "The Laws of Gods and Men"
Related part:
"At a meeting of the Small Council, Tywin (Charles Dance) informs the councillors that Tyrion's (Peter Dinklage) trial will begin that afternoon.
Lord Varys (Conleth Hill) informs Tywin that Sandor "The Hound" Clegane has been spotted in the Riverlands, and Tywin orders a bounty on his
head. Varys also informs the council of Daenerys' conquest of Meereen, and Tywin decides to take measures to prevent her from launching an
invasion.
In the dungeon, Jaime (Nikolaj Coster-Waldau) has Tyrion shackled and brought into the throne room by order of Tywin, to begin his trial for
regicide. King Tommen (Dean-Charles Chapman) recuses himself from the trial, appointing his grandfather Tywin, Prince Oberyn Martell (Pedro
Pascal), and Lord Mace Tyrell (Roger Ashton-Griffiths) as judges. Several witnesses are called for the prosecution, including Ser Meryn Trant
(Ian Beattie), Grand Maester Pycelle (Julian Glover), Queen Regent Cersei (Lena Headey), and Varys, all of whom give testimony backing the
accusations against Tyrion, with wildly varying degrees of truthfulness, but all conveniently omitting Joffrey's actions. At recess, Jaime asks
Tywin to spare Tyrion, offering to leave the Kingsguard and return to Casterly Rock, to be Tywin's heir. Tywin accepts, telling Jaime that Tyrion
will be allowed to join the Night's Watch after being found guilty of Joffrey's murder, provided he pleads for mercy.
Returning to the trial, Tywin orders the next witness to testify: Shae (Sibel Kekilli). She falsely testifies that Tyrion and Sansa planned Joffrey's
murder together, claiming that Sansa wanted vengeance for the murder of her father, mother, and brother. She tells the judges of Tyrion's sexual
desires, embarrassing him in front of the court. Before she can continue, Tyrion's anger finally boils over, and he announces that he wishes to
"confess." He first lashes out at the people of King's Landing in attendance for their ingratitude after he had saved them from Stannis
Baratheon's attack on Blackwater Bay, blaming himself for not simply allowing Stannis to kill them all. Facing Tywin, Tyrion denies having killed
Joffrey, but admits that he wishes he had, and accuses his father of putting him on trial because of his dwarfism. He finishes by saying that he
refuses to be sentenced for a crime he did not commit and that the gods will decide his fate, demanding a trial by combat."
Season 4 - Episode 8: "The Mountain and the Viper"
Related part:
"In the Vale
Having murdered Lysa, Petyr Baelish (Aidan Gillen) is interrogated by Lord Yohn Royce (Rupert Vansittart) and a few of the nobility of the Vale.
Petyr claims that Lysa committed suicide by jumping through the Moon Door, but they do not trust him, citing his brothels in King's Landing
and his foreign blood. Royce demands to speak with Sansa (Sophie Turner), who is acting as Petyr's niece, Alayne. Sansa appears to crumble
under the pressure of the situation, admitting her true identity to the group, but eventually corroborates Petyr's story, and convinces them of
his innocence. As Petyr walks the group out of the Eyrie, he makes plans to have Robin (Lino Facioli) tour the Vale. When Petyr confronts Sansa
about her lie to the Lords of the Vale, she tells him that she doesn't know what they would do with her if they executed him for Lysa's death.
She also tells Petyr that she knows what he wants. Later, Petyr, Sansa and Robin leave the Eyrie to tour the Vale.
Meanwhile, Sandor "The Hound" Clegane (Rory McCann) and Arya (Maisie Williams) walk the narrow path toward the Eyrie. Coming to the
Bloody Gate, they are informed of Lady Arryn's death by Donnel Waynwood (Alisdair Simpson). Arya, rather than mourn the loss of her aunt,
breaks into hysterical laughter.
In King's Landing

Shortly before his trial by combat is to begin, Tyrion (Peter Dinklage) discusses his chances with his brother, Jaime (Nikolaj Coster-Waldau).
When Tyrion is taken outside, he has a brief conversation with his champion, Oberyn (Pedro Pascal), who is confident. Ser Gregor "The
Mountain" Clegane (Hafr Jlus Bjrnsson) arrives shortly thereafter, and the trial commences. During the fight, Oberyn demands the
Mountain admit to raping and murdering his sister, Elia, and her two children. Oberyn lands several skillful attacks on the Mountain, knocks
him to the ground and lands a near-fatal blow. Oberyn then screams at the Mountain to confess, hoping the Mountain will admit that it was
Tywin (Charles Dance) who gave the order. As Oberyn circles him, the Mountain knocks him to the ground, then gouges out his eyes while
confessing to the murder of Elia and her children, and subsequently crushes Oberyn's skull. The Mountain then collapses to the ground from
his grave wounds. Tywin rises and sentences Tyrion to death for regicide."
The Legal Profession
In the matter of the Integration of the Integrated Bar of the Philippines, January 9, 1973 Record Found
Cayetano v. Monsod, GR 100113, September 3, 1991 (Note: See also dissenting opinion of Justice Padilla) Record Found
Ulep v. Legal Clinic, Bar Matter (BM) No. 553, June 17, 1993 Record Found
Rules of Court (ROC), Rule 13, Section 1
RULE 13 Filing and Service of Pleadings, Judgments and Other Papers
o
Section 1.
Coverage. This Rule shall govern the filing of all pleadings and other papers, as well as the service thereof, except those for
which a different mode of service is prescribed. (n)
In re: Almacen, 31 SCRA 562, (1970) Record Found
In re: Cunanan 94 Phil 534 (1954) Record Found
BAR MATTER (BM) NO. 702
May 12, 1994 Record Found
Alawi v. Alauya, A.M. SDC-97-2-P, February 24, 1997 Record Found
Cui v. Cui, 120 Phil. 729 Record Found
Research: When may a non-lawyer practice law
General Rule: Only Members of the Bar

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. (Rule 138, Sec 1.)
3 EXCEPTIONS TO THE GENERAL RULE:
1.
Law Students
Law Student Practice Rule

Qualifications of students who may appear in court:

a.
Must have completed the 3rd year of a prescribed regular 4-year curriculum (Rule 138-A, Sec.1);
b.
Must be enrolled in a recognized law schools legal education program approved by the Supreme Court, without
compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to
represent indigent clients accepted by the legal clinic of the law school (Rule 138-A, Sec.1);
c.
Must be under the direct supervision and control of a member of the IBP duly accredited by the law school. Any and
all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for
and in behalf of the legal clinic. (Rule 138-A, Sec.2)

Meaning of Direct Supervision and Control: requires no less than the physical presence of the supervising lawyer during
the hearing.
A law student appearing before the RTC under Rule 138-A should at all times be accompanied by a supervising lawyer. (In Re:
Need That Law Student Practicing Under Rule 138-A Be Actually Supervised During Trial (1997))
Appearance in Inferior Courts -- A law student may appear in his personal capacity without the supervision of a lawyer in
inferior courts. (refer to Rule 138, section 34)
2.
Agent
Notes from Agpalo:

Metropolitan/ Municipal Trial Court: one may be represented by an agent: In such cases, no attorney-client relationship
exists; not habitual; locality where licensed member of bar is not available; person/resident of good repute for probity and
ability to aid defendant; NOT IN ANY OTHER COURT.

Supreme Court can validly authorise a layman to represent litigant in court

Question: Can legislature can permit by law a layman to appear on anothers behalf in court or administrative tribunals.
Yes, in cadastral courts, NLRC ok; otherwise NO

3 limitations:
a.
layman should confine work to non-adversarial contentions
b.
not habitually rendered
c.
not charge for payment
3.
Litigation by Party
By whom litigation conducted.In the court of a justice of the peace (now, MTC) a party may conduct his litigation in person,
with the aid of an agent or friend appointed by him for that purpose, or with the aid of 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. (Rule 138, Sec. 34)
Notes from Agpalo:

In a democratic and civilized country where the rights of a person are determined in accordance with established rules,
the employment of a person acquainted with those rules becomes a necessity both to the litigants and to the Court. A
party litigant needs the assistance of counsel in all proceedings, administrative, civil or criminal.

When appearance by counsel not obligatory:

a.
In a Municipal Trial Court, a party may conduct his litigation in person or with the aid of a friend appointed by him
for that purpose or with an aid of an attorney.
b.
In the RTC and Appellate Courts, a party in a civil suit may conduct his litigation either personally or by attorney
unless the party is a juridical person.
c.
And even if he has chosen to appear by counsel, he may at any time dispense with the services of his lawyer and
prosecute or defend his case personally.

The right to counsel of an accused is absolute or immutable. HOWEVER, his option to secure the services of counsel de
parte is not absolute. The trial court may restrict his option to retain a counsel de parte if a) the accused insists on an
attorney he cannot afford b) chosen counsel is not a lawyer or c) the attorney declines to represent the accused for a valid
reason, in which case the trial court can appoint his counsel de oficio to represent him. Sec 1 (c) of Rule 115 provides
that an accused may waive his right to counsel but if he cannot protect his rights without the assistance of a counsel, the
Court should advise him to secure a counsel de parte or appoint a counsel de officio to represent him.

Requirements for admission to practice

Citizenship
1987 Constitution, Art. XII (NATIONAL ECONOMY AND PATRIMONY), Sec. 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.
ROC, Rule 138 (Attorneys and Admission to Bar), Sec. 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.
RA 9225
Congress of the Philippines
Twelfth Congress
Third Regular Session
Begun held in Metro Manila on Monday, the twenty-eighth day of July, two thousand three.
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
JOSE DE VENECIA JR.
President of the Senate
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

In Re Arthur Castillo Reyes (1993)

A Filipino citizen admitted to the Phil Bar must maintain such citizenship to remain qualified for the practice of law in this country.
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 a naturalized citizen of the US
in 1993. His name was struck from the Roll of Attorneys. Only Filipino citizens may practice law in the Philippines. This requirement is
prescribed by the Constitution, XII 14, and the ROC, 2 Rule 138.
B.M. 2112, In re: Muneses (2012) Record Found
B.M. 1678, Dacanay (2007) Record Found
Residency and Age
Rule 138, Sec. 2, Supra
Good moral character
Narag v. Narag, 291 SCRA 451, June 29, 1998 Record Found
Olbes v. Deciembre, 457 SCRA 341 Record Not Found
In re: Argosino, A.M. No. 712 July 13, 1995; B.M. No. 712 March 19, 1997 Record Found

Education
Republic Act No. 7662 Legal Education Act
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.
Rule 138, Sec. 5 16
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.

Oath

In re: Telesforo Diao, A.C. No. 244 March 29 (1963) Record Found
A college degree must first be obtained before studying law. Otherwise, one will not be qualified to take the bar examinations.
In re: Application of Adriano M. Hernandez, Sept. 6, 1993 Record Not Found
Graduates of foreign law schools shall not be allowed to take the bar examinations since they cannot present the certifications required under
sections 5 and 6 of Rule 138
Bar Matter 1153 Record Not Found
Rule 138 (Attorneys and Admission to Bar), Sec. 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.
In re: Argosino, supra
Olbes v. Deciembre, supra

Qualifications for practice

Rule 138 (Attorneys and Admission to Bar), Sec. 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.
Exceptions:
Rule 138 (Attorneys and Admission to Bar), Sec. 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.
Rule 115, Sec 1 (c)
Section 1. Rights of accused at the trial. In all criminal prosecutions, the accused shall be entitled to the following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment.
The accused may, however, waive his presence at the trial pursuant to the stipulations set forth in his bail, unless his presence is
specifically ordered by the court for purposes of identification. The absence of the accused without justifiable cause at the trial of which he
had notice shall be considered a waiver of his right to be present thereat. When an accused under custody escapes, he shall be deemed to
have waived his right to be present on all subsequent trial dates until custody over him is regained. Upon motion, the accused may be
allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his right without the assistance of
counsel.
(d) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not
in any manner prejudice him.
(e) To be exempt from being compelled to be a witness against himself.
(f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of its evidence the testimony of a
witness who is deceased, out of or can not with due diligence be found in the Philippines, unavailable or otherwise unable to testify, given in
another case or proceeding, judicial or administrative, involving the same parties and subject matter, the adverse party having the
opportunity to cross-examine him.
(g) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in the manner prescribed by law. (1a)

Prohibition from practice

Art VI (The Leg. Dep.), Sec. 14;

No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral
Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or
in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any governmentowned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government
for his pecuniary benefit or where he may be called upon to act on account of his office.
Art. VIII (Jud. Dep.), Sec. 15;
SECTION 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date
of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months
for all other lower courts.
(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pending, brief, or memorandum
required by the Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the presiding judge shall
forthwith be issued and a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall
state why a decision or resolution has not been rendered or issued within said period.
(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been
incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.

Art. IX-A (Constitutional Commissions Common Provisions), Sec. 2;

SECTION 2. No Member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in
the practice of any profession or in the active management or control of any business which in any way be affected by the functions of his office, nor
shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.
Art. IX, Sec. 8 (2)

RA 7160, Sec. 90-91

Section 90. Practice of Profession. (a) All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the
exercise of their functions as local chief executives.
(b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours:
Provided, That sanggunian members who are also members of the Bar shall not:
(1) Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or
instrumentality of the government is the adverse party;
(2) Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an
offense committed in relation to his office.
(3) Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an
official; and
(4) Use property and personnel of the government except when the sanggunian member concerned is defending the interest of
the government.
(c) Doctors of medicine may practice their profession even during official hours of work only on occasions of emergency: Provided, That
the officials concerned do not derive monetary compensation therefrom.

Section 91. Statement of Assets and Liabilities. - (a) Officials and employees of local government units shall file sworn statements of assets,
liabilities and net worth, lists of relatives within the fourth civil degree of consanguinity or affinity in government service, financial and business
interests, and personnel data sheets as required by law.
Rule 138 (Attorneys and Admission to Bar), Sec. 35
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.
People v. Villanueva, G.R. No. L-19450 May 27, 1965 Record Found

RA 910, Sec 1
AN ACT TO PROVIDE FOR THE RETIREMENT OF JUSTICES OF THE SUPREME COURT AND OF THE COURT OF APPEALS, FOR THE ENFORCEMENT OF
THE PROVISIONS HEREOF BY THE GOVERNMENT SERVICE INSURANCE SYSTEM, AND TO REPEAL COMMONWEALTH ACT NUMBERED FIVE HUNDRED
AND THIRTY-SIX

Section 1. When a Justice of the Supreme Court or of the Court of Appeals who has rendered at least twenty years' service either in the
judiciary or in any other branch of the Government, or in both, (a) retires for having attained the age of seventy years, or (b) resigns by
reason of his incapacity to discharge the duties of his office, he shall receive during the residue of his natural life, in the manner
hereinafter provided, the salary which he was receiving at the time of his retirement or resignation. And when a Justice of the Supreme
Court or of the Court of Appeals has attained the age of fifty-seven years and has rendered at least twenty-years' service in the
Government, ten or more of which have been continuously rendered as such Justice or as judge of a court of record, he shall be likewise
entitled to retire and receive during the residue of his natural life, in the manner also hereinafter prescribed, the salary which he was then
receiving. It is a condition of the pension provided for herein that no retiring Justice during the time that he is receiving said pension shall
appear as counsel before any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse
party, or in any criminal case wherein and officer or employee of the Government is accused of an offense committed in relation to his
office, or collect any fee for his appearance in any administrative proceedings to maintain an interest adverse to the Government, insular,
provincial or municipal, or to any of its legally constituted officers.
Duties of a lawyer
Rule 138 (Attorneys and Admission to Bar), Sec. 20 Record Found
Research: What are the four-fold duties of a lawyer Record Found
1.
Duties to Society should not violate his responsibility to society, exemplar for righteousness, ready to render legal aid, foster social reforms,
guardian of due process, aware of special role in the solution of special problems and be always ready to lend assistance in the study and solution of
social problems
2.
Duties to the Legal Profession candor, fairness, courtesy and truthfulness, avoid encroachment in the business of other lawyers, uphold the honor
of the profession
3.
Duties to the Court respect or defend against criticisms, uphold authority and dignity, obey order and processes, assist in the administration of
justice
4.
Duties to the Client entire devotion to clients interest

Code of Professional Responsibility

Canon 1
Research:
Barratry, Ambulance Chasing Record Found

Ambulance chasing, sometimes known as barratry, refers to a lawyer soliciting for clients at a disaster site. The term "ambulance chasing" comes
from the stereotype of lawyers that follow ambulances to the emergency room to find clients.

Ambulance chasing is prohibited in the US. Such conduct violates Rule 7.3 of the American Bar Association Model Rules of Professional Conduct.
Some bar associations strongly enforce rules against barratry. For example, the State Bar of California dispatches investigators to large-scale
disaster scenes to discourage ambulance chasers, and to catch any who attempt to solicit business from disaster victims at the scene.

Ambulance chasing is also illegal in Australia, in accordance with clauses 20 and 22 of the Legal Profession Regulation of 1987.

Literally following an ambulance to take advantage of its ability to pass red lights can be considered a form of slipstreaming, and may also be illegal.
QUICK REFERENCE
CANON 1: A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and legal process.
Rule 1.01. A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal profession.
Rule 1.03. A lawyer shall not, for any corrupt motive or interest, encourage any suit or delay any mans cause.
Rule 1.04. A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement.
I. Rule 1.01. A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Barrios v. Martinez, A.C. No. 4585. November 12, 2004 Record Found

Moral turpitude includes everything which is done contrary to justice, honesty, modesty, or good morals. It involves an act of baseness, vileness,
or depravity in the private duties which a man owed 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.
Ui v. Bonifacio, A.C. No. 3319. June 8, 2000 Record Found

The SC found that the imprudence of an attorney who married a man already previously married (without initially knowing that he was in fact
married but, upon acquiring such knowledge, cut off all ties with him) did not constitute immoral conduct sufficient for her disbarment.
Furthermore, lawyers, as keepers of public faith, are burdened with a higher degree of social responsibility and thus must handle their personal
affairs with greater caution. The respondent was imprudent in the sense that she should have investigated the fact that the man with whom she
had relations was married. Nevertheless, the fact that she distanced herself from him shows that she displayed no moral indifference. The ratio
decidendi of the Court is that the requisite of good moral character in the admission to the practice of law must be continuous as a requirement to
the enjoyment of the privilege of the practise of law. It is the bounden duty of lawyers to adhere unwaveringly to the highest standards of morality.
Figueroa v. Barranco, SBC Case No. 519. July 31, 1997 Record Found

Grossly immoral conduct is one that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible
to a high degree. Mere intimacy between a man and a woman, both of whom possess no impediment to marry, voluntarily carried on and devoid of
any deceit on the part of the respondent, is neither so corrupt nor so unprincipled as to warrant the imposition of disciplinary sanction against
him, even if as a result of such relationship a child is born out of wedlock.
Cordova v. Cordova, 179 SCRA 680 (1989)

The reconciliation between the lawyer husband and his wife who had initiated the administrative proceedings against him for engaging in an
adulterous and clearly immoral relationship does not wipe away the misconduct and immoral behavior.
Guevarra v. Eala, 529 SCRA 1 (2007)
Soriano v. Dizon, A.C. No. 6792, January 25, 2006 Record Found
Calub v. Suller, A.C. No. 1474, January 28, 2000 Record Found
II. Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal profession.
Estrada v. Sandiganbayan, 416 SCRA 465 Record Found

The Supreme Court will not denounce criticism made by anyone against the Court for, if well founded, can truly have constructive effects in the
task of the Court, but it will not countenance any wrongdoing nor allow the erosion of our peoples faith in the judicial system, let alone, by those
who have been privileged by it to practise law in the Philippines.

FACTS: The SC indefinitely suspended Atty. Paguia for making claims that the Justices of the Supreme Court have been participating in partisan
political activity and have prejudged a case that will assail the legality of an act done by President Arroyo, that Estrada v Arroyo is a patent
mockery of justice and due process, that three Justices of Sandiganbayan made their bias manifest and are impartial against his client.
Saburnido v. Madrono, 366 SCRA 1 (2001) Record Found
Castaneda v. Ago, 65 SCRA 505 (1975) Record Found