PRACTICE OF LAW

PRACTICE OF LAW
Rule 138, 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.

Concept of the Practice of Law

Generally, to engage in the practice is to do any of those acts which are characteristic of the legal
profession (In re: David, 93 Phil. 46). It covers any activity, in or out of court, which requires the
application of law, legal principles, practice or procedure and calls for legal knowledge, training and
experience (PLA vs. Agrava, 105 Phil. 173).

Cayetano vs. Monsod, 201 SCRA 210

***Practice of Law means 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 perform those acts
which are characteristics of the legal profession. Generally, to practice law is to give notice or render any
kind of service, which devise or service requires the use, in any degree, of legal knowledge or skill.

People vs. Villanueva, 14 SCRA 111

***Strictly speaking, the word practice of law implies the customary or habitual holding of oneself to the
public as a lawyer and demanding compensation for his services.

***Private practice in more than an isolated appearance for it consist of frequent customary actions, a
succession of acts of the same kind. An isolated appearance may, however, amount to practice in relation
to the rule prohibiting some persons from engaging in the exercise of the legal profession.



Ulep vs. Legal Clinic Inc. 223 SCRA 378 (1993)

***In the practice of his profession, a licensed attorney-at-law generally engages in three principal types
of professional activities:
1. legal advice and instructions to clients to inform them of their rights and obligations
2. preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary
layman; and
3. appearance for clients before public tribunals which possess power and authority to determine rights of
life, liberty and property according to law, in order to assist in the proper interpretation and enforcement of
law.

***Essential criteria enumerated by the C.A. as determinative of engaging in the practice of law:

1)Habituality
2)Compensation
3)Application of law, legal principle, practice, or procedure
4)Attorney-Client relationship

Non-Lawyers authorized to appear in court:

1. In cases before the MTC, a party may conduct his case or litigation in person, with the aid of an agent or
friend appointed by him for that purpose (Sec. 34, Rule 138, RRC).

2. Before any other court, a party may conduct his litigation personally (Ibid)

3. In a 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
a. resident of the province, and
b. of good repute for probity and ability to aid the accused in his defense (Rule 116,
Sec. 7, RRC)
4. 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).
7. Any person appointed to appear for the government of the Phil. in accordance with
law (Sec. 33 Rule 138).