1.

Use of the title Atty:

Haron Meling: Member of Sharia Bar, using the title Atty in his correspondences.

• The title "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.

2. Legal concept of moral turpitude:

In Re Carlos Basa: Abduction with Consent Case

• "Moral turpitude," it has been said, "includes everything which is done

contrary to justice, honesty, modesty, or good morals." (Bouvier's Law
Dictionary, cited by numerous courts.) Although no decision can be found
which has decided the exact question, it cannot admit of doubt that crimes
of this character involve moral turpitude. The inherent nature of the act is
such that it is against good morals and the accepted rule of right conduct.

3. Essentiality of good moral character in those who would be lawyers or those

who would be engaged in the practice of law:

Petition of Al Argosino to Take the Lawyer’s Oath

• Attorneys are licensed because of their learning and ability, so that they may
not only protect the rights and interests of their clients, but be able to assist
court in the trial of the cause. Yet what protection to clients or assistance to
courts could such agents give? They are required to be of good moral
character, so that the agents and officers of the court, which they are, may
not bring discredit upon the due administration of the law, and it is of the
highest possible consequence that both those who have not such
qualifications in the first instance, or who, having had them, have fallen
therefrom, shall not be permitted to appear in courts to aid in the
administration of justice

• The public policy of our state has always been to admit no person to the
practice of the law unless he covered an upright moral character. The
possession of this by the attorney is more important, if anything, to the
public and to the proper administration of justice than legal learning. Legal
learning may be acquired in after years, but if the applicant passes the
threshold of the bar with a bad moral character the chances are that his
character will remain bad, and that he will become a disgrace instead of an
ornament to his great calling — a curse instead of a benefit to his community
— a Quirk, a Gammon or a Snap, instead of a Davis, a Smith or a Ruffin.
 4. Essential criteria or elements which may be considered as determinative of
engaging in the private practice of law:

People vs. Villanueva: City Fiscal of San Pablo appeared as private prosecutor in
Alaminos, Laguna

• The isolated appearance of City Attorney Fule did not constitute private practice
within the meaning and contemplation of the Rules. Practice is more than an
isolated appearance, for it consists in frequent or customary actions, a succession
of acts of the same kind. In other words, it is frequent habitual exercise.

Practice of law to fall within the prohibition of statute has been interpreted as
customarily or habitually holding one's self out to the public, as customarily and
demanding payment for such services. The appearance as counsel on one
occasion is not conclusive as determinative of engagement in the private practice
of law.

Cayetano vs. Monsod

• 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, conveying.

The word private practice of law implies that one must have presented himself to
be in the active and continued practice of the legal profession and that his
professional services are available to the public for a compensation, as a source
of his livelihood or in consideration of his said services.

Definition of Client-Lawyer Relationship: Dissenting Opinion of Justice Padilla

• Attorney-client relationship. Engaging in the practice of law presupposes the

existence of lawyer-client relationship. Hence, where a lawyer undertakes an
activity which requires knowledge of law but involves no attorney-client
relationship, such as teaching law or writing law books or articles, he cannot be
said to be engaged in the practice of his profession or a lawyer (Agpalo, Legal
Ethics, 1989 ed., p. 30)

5. Meaning of the Integration of the Philippine Bar

Rules of Court, Rule 139-A

• Section 2. Purposes. — The fundamental purposes of the Integrated Bar shall be

to elevate the standards of the legal profession, improve the administration of
justice, and enable the Bar to discharge its public responsibility more effectively.
Effects of non-payment of membership dues to IBP

• Reference was then made to the authority of the IBP Board of Governors to
recommend to the Supreme Court the removal of a delinquent member's name
from the Roll of Attorneys as found in Rules of Court: 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.

6. Reasons supporting the Judicial pronouncements that practice of law is

merely a privilege

Disbarment Case of Atty. Perla Ramirez A.C. No. 10372

• "The practice of law is not a vested right but a privilege, a privilege clothed with
public interest. To enjoy the privilege of practicing law as officers of the Court,
lawyers must adhere to the rigid standards of mental fitness xxx and above all,
they should always uphold the dignity of each and every person by observing the
basic principles of decency and respect for others.”

• This Court has always reminded members of the Bar that the practice of law is not
a right, but a mere privilege which is subject to the inherent regulatory power of
this Court. It is imperative for lawyers "to observe the highest degree of morality
and integrity not only upon admission to the Bar, but also throughout their career
in order to safeguard the reputation of the legal profession."48 Thus, lawyers are
duty-bound to adhere to the rigid standards of mental fitness and faithful
compliance with the rules of the legal profession to continue enjoying the privilege
to practice law.

Michael Medado: Petition to Sign the Roll of Attorneys after 30 years of practicing law

• Medado appears to have been a competent and able legal practitioner, having held
various positions at the Laurel Law Office, Petron, Petrophil Corporation, the
Philippine National Oil Company, and the Energy Development Corporation.

All these demonstrate Medado’s worth to become a full-fledged member of the

Philippine Bar. While the practice of law is not a right but a privilege, this Court will
not unwarrantedly withhold this privilege from individuals who have shown mental
fitness and moral fiber to withstand the rigors of the profession.

7. Requisites of judicial function in the exercise of the power to admit persons

to the bar:
In the Matter of the Petitions for Admission to the Bar of Unsuccessful Candidates of 1946
to 1953; ALBINO CUNANAN, ET AL., petitioners.

• All discussions in support of the proposition that the power to regulate the
admission to the practice of law is inherently judicial, are immaterial, because the
subject is now governed by the Constitution which in Article VII, section 13,
provides as follows:

The Supreme Court shall have the power to promulgate rules concerning
pleading, practice, and procedure in all courts, and the admission to the
practice of law. Said rules shall be uniform for all courts of the same grade
and shall not diminish, increase or modify substantive right. The existing
laws on pleading, practice, and procedure are hereby repealed as statutes
and are declared Rules of Court, subject to the power of the Supreme Court
to alter and modify the same. The Congress shall have the power to repeal,
alter, or supplement the rules concerning pleading, practice, and procedure,
and the admission to the practice of law in the Philippines.

8. Requirements of a person to be entitled to engage in the practice of law in

the Philippines

Section 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.

Section 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.

Section 3. Requirements for lawyers who are citizens of the United States of America.
Section 4. Requirements for applicants from other jurisdictions.
Section 5. Additional requirements for other applicants
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
Section 8. Notice of Applications
Section 9. Examination; subjects.
Section 10. Bar examination, by questions and answers, and in writing.
Section 11. Annual examination.
Section 12. Committee of examiners.
Section 13. Disciplinary measures
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.

Section 16. Failing candidates to take review course.
Section 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.
Section 18. Certificate.
Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a roll of all
attorneys admitted to practice, which roll shall be signed by the person admitted when he
receives his certificate.

9. Effect of falsely using another’s name to gain admission to the bar

Caronan vs. Caronan:

For the Court's resolution is the Complaint-Affidavit1 filed by complainant Patrick A.

Caronan (complainant), before the Commission on Bar Discipline (CBD) of the Integrated
Bar of the Philippines (IBP), against respondent "Atty. Patrick A. Caronan," whose real
name is allegedly Richard A. Caronan (respondent), for purportedly assuming
complainant's identity and falsely representing that the former has the required
educational qualifications to take the Bar Examinations and be admitted to the practice of
law.

To the Court's mind, the foregoing indubitably confirm that respondent falsely used
complainant's name, identity, and school records to gain admission to the Bar.

Since complainant - the real "Patrick A. Caronan" - never took the Bar Examinations, the
IBP correctly recommended that the name "Patrick A. Caronan" be stricken off the Roll of
Attorneys. The IBP was also correct in ordering that respondent, whose real name is
"Richard A. Caronan," be barred from admission to the Bar.

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 subject as major
or field of concentration: political science, logic, english, spanish, history, and economics.
(Emphases supplied)

Diao vs. Martinez

Plainly, therefore, Telesforo A. Diao was not qualified to take the bar examinations; but
due to his false representations, he was allowed to take it, luckily passed it, and was
thereafter admitted to the Bar. Such admission having been obtained under false
pretenses must be, and is hereby revoked. The fact that he hurdled the Bar examinations
is immaterial. Passing such examinations is not the only qualification to become an
attorney-at-law; taking the prescribed courses of legal study in the regular manner is
equally essential.

Integrated Bar of the Philippines By-Laws

Section 20. Members in good standing. - Every member who has paid all membership
dues and all authorized special assessments, plus surcharges owing thereon, and who
is not under suspension from the practice of law or from membership privileges, is a
member in good standing.