Legal Profession

BAR vs.
BENCH
BAR Refers to the whole body of attorneys and body of judges.
BENCH denotes the whole body of counselors, collectively the members ofthe legal profession.
Practice of Law any activity, in or out of court which requires the application of law, legal
procedure, knowledge, training and experience. To engage in the practice of law is to give notice
or render any kind of service, which or devise or service requires the use in any degree of legal
knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class of persons who
are licensed officers of the courts, empowered to appear prosecute and defend and upon whom
peculiar duties, responsibilities, and liabilities are developed by law as a consequence(Cui v. Cui,
120 Phil. 729).
Attorney in fact an agent whose authority is strictly limited by the instrument appointing him,
though he may do things not mentioned in his appointment necessary to the performance of the
duties specifically required of him by the power of attorney appointing him, such authority being
necessarily implied. He is not necessarily a lawyer.
Counsel de Oficio a counsel, appointed or assigned by the court, from among members of the
Bar in good standing who, by reason of their experience and ability, may adequately defend the
accused.
Note: In localities where members of the Bar are not available, the court may appoint any person,
resident of the province and good repute for probity and ability, to defend the accused. Sec. 7,
Rule 116, Rules of Court.
Attorney ad hoc a person named and appointed by the court to defend an absentee defendant
in the suit in which the appointment is made (Bienvenu v. Factors of Traders Insurance Cp.,
33 La.Ann.209)
Attorney of Record one who has filed a notice of appearance and who hence is formally
mentioned in court records as the official attorney of the party. Person whom the client has
named as his agent upon whom service of papers may be made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel to distinguish them from attorneys of record, associate attorneys are referred to as
of counsel (5 Am. Jur. 261).
Lead Counsel The counsel on their side of a litigated action who is charged with the principal
management and direction of a partys case.
House Counsel Lawyer who acts as attorney for business though carried as an employee of that
business and not as an independent lawyer.
Bar Association an association of members of the legal profession.
Advocate The general and popular name for a lawyer who pleads on behalf of someone else.
Barrister (England) a person entitled to practice law as an advocate or counsel in superior
court.
Proctor (England) Formerly, an attorney in the admiralty and ecclesiastical courts whose duties
and business correspond to those of an attorney at law or solicitor in Chancery.
Titulo de Abogado it means not mere possession of the academic degree of Bachelor of Laws
but membership in the Bar after due admission thereto, qualifying one for the practice of law.
Admission to the Practice of Law
The Supreme Court has the power to control and regulate the practice of law. Thus, the
Constitution, under Article VIII, Sec. 5 (5) provides:
Sec. 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice and procedure in all courts, the admission to the
practice of law, the Integrated Bar, and legal assistance to the under privileged.
The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial
function to admit candidates to the legal profession.
The Bar Examination Committee:
Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members of
the bar.
The 8 members act as examiners for the 8 bar subjects with one subject assigned to each.
The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on
the other hand, and the individual members of the committee on the other. He is at the same
time a deputy clerk of court.
Admission of examinees is always subject to the final approval of the court.
Practice of Law
The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND
MORAL QUALIFICATIONS required of lawyers who are instruments in the effective and efficient
administration of justice. (In Re: Argosino, 1997).
Requirements for admission to the Bar:
1.
citizen of the Philippines
2.
at least 21 years old
3.
of good moral character
4.
Philippine resident
5.
Production before the supreme court satisfactory evidence of:
1.
good moral character
2.
no charges against him, involving moral turpitude, have been filed or are pending in
any court in the Philippines.
Requirement of Good Moral Character: a continuing requirement; good moral character is not
only a condition precedent for admission to the legal profession, but it must also remain intact in
order to maintain ones good standing in that exclusive and honored fraternity. (Tapucar vs.
Tapucar, 1998)
Academic Requirements for Candidates:
1.
a bachelors degree in arts and sciences (pre-law course)
2.
a completed course in:
1.
civil law
2.
commercial law
3.
remedial law
4.
public international law
5.
private international law
6.
political law
7.
labor and social legislation
8.
medial jurisprudence
9.
taxation
10.
legal ethics
Non-lawyers who may be authorized to appear in court:
1.
Cases before the MTC: Party to the litigation, in person OR through an agent or friend or
appointed by him for that purpose (Sec. 34, Rule 138, RRC)
2.
Before any other court: Party to the litigation, in person (Ibid.)
3.
Criminal case before the MTC in a locality where a duly licensed member of the Bar is not
available: the judge may appoint a non-lawyer who is:
1.
resident of the province
2.
of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec.
7, RRC).
4.
Legal Aid Program A senior law student, who is enrolled in a recognized law schools clinical
education program approved by the supreme Court may appear before any court without
compensation, to represent indigent clients, accepted by the Legal Clinic of the law
school. The student shall be under the direct supervision and control of an IBP member duly
accredited by the law school.
5.
Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter, if
1.
they represent themselves, or if
2.
they represent their organization or members thereof (Art 222, PO 442, as amended).
6.
Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral
Court (Act no. 2259, Sec. 9).
Public Officials who cannot engage in the private practice of Law in the Philippines:
1.
Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC).
2.
Officials and employees of the OSG (Ibid.)
3.
Government prosecutors (People v. Villanueva, 14 SCRA 109).
4.
President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec.
15, 1987 Constitution).
5.
Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
6.
Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
7.
All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8.
Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
1.
1.
No Senator as member of the House of Representative may personally appear as counsel
before any court of justice as before the Electoral Tribunals, as quasi-judicial and other
administration bodies (Art. VI, Sec. 14, 1987 Constitution).
2.
Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may practice their
professions provided that if they are members of the Bar, they 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;
4.
use property and personnel of the government except when the Sanggunian member
concerned is defending the interest of the government.
3.
Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension from the
government, cannot act as counsel in any civil case in which the Government, or any of its
subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee
of the Government is accused of an offense in relation to his office.

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BAR vs.

Admission of examinees is always subject to the final approval of the court.

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