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
known as the Bar Flunkers Act, in 1952. The title
of the law was, “An Act to Fix the Passing Marks
for Bar Examinations from 1946 up to and
including 1955.”
The law itself admits that the candidates for
admission who flunked the bar from 1946 to
1952 had inadequate preparation due to the fact
that this was very close to the end of World War
II;

Section 1 provided the following passing marks:
1946-1951………………70%
1952 …………………….71%
1953……………………..72%
1954……………………..73%
1955……………………..74%
Provided however, that the examinee shall have
no grade lower than 50%.
Section 2 of the Act provided that “A bar
candidate who obtained a grade of 75% in any
subject shall be deemed to have already passed
that subject and the grade/grades shall be
included in the computation of the general
average in subsequent bar examinations.”
ISSUE:
Whether of not, R.A. No. 972 is constitutional.
RULING:
The law is, in effect, a judgment revoking the
resolution of the court on the petitions of the
said candidates;
The law is an encroachment on the Court’s
primary prerogative to determine who may be
admitted to practice of law and, therefore, in
excess of legislative power to repeal, alter and
supplement the Rules of Court. The rules laid
down by Congress under this power are only
minimum norms, not designed to substitute the
judgment of the court on who can practice law;
and
The pretended classification is arbitrary and
amounts to class legislation.
As to the portion declared in force and effect, the
Court could not muster enough votes to declare
it void. Moreover, the law was passed in 1952, to
take effect in 1953. Hence, it will not revoke
existing Supreme Court resolutions denying
admission to the bar of an petitioner. The same
may also rationally fall within the power to
Congress to alter, supplement or modify rules of
admission to the practice of law.
 III. HOW TO BECOME A LAWYER
A. REQUIREMENTS BEFORE ADMISSION
TO THE BAR
RULE 138 OF THE REVISED RULES OF COURT
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.
1. CITIZENSHIP
2. RESIDENCE
3. AGE
4. EDUCATIONAL QUALIFICATION
5. GOOD MORAL CHARACTER
B. MORAL TURPITUDE
C. 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).
D. 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.
E. 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.
F. 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.
*LAWYERS OATH:
I___________ of ___________ do solemnly
swear that I will maintain allegiance to the
Republic of the Philippines; I will support its
Constitution and obey laws as well as the legal
orders of the duly constituted authorities therein;
I will do no falsehood, nor consent to the doing of
any court; I will not wittingly nor willingly
promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will
delay no man for money or malice, and will
conduct myself as a lawyer according to the best
of my knowledge and discretion with all good
fidelity as well to the courts as to my clients; and
I impose upon myself this voluntary obligations
without any mental reservation or purpose of
evasion. So help me God.
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.
*ATTORNEY’S ROLE
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.
B. REQUIREMENTS AS MEMBERS OF THE BAR
A. HE MUST BE A MEMBER IBP
RULE 139-A
Integrated Bar of the Philippines
Section 1. Organization. — There is hereby
organized an official national body to be known
as the "Integrated Bar of the Philippines,"
composed of all persons whose names now
appear or may hereafter be included in the Roll
of Attorneys of the Supreme Court.
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.
B. HE MUST REGULARLY PAY ALL IBP
MEMBERSHIP DUES AND OTHER LAWFUL
ASSESSMENT
Section 9. Membership dues. — Every member of
the Integrated Bar shall pay such annual dues as
the Board of Governors shall determine with the
approval of the Supreme Court. A fixed sum
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
the compulsory heirs of deceased members
thereof.
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.
C. HE MUST OBSERVE FAITHFULLY THE RULES
AND ETHICS OF THE PROFESSION
D. HE SHOULD BE SUBJECT TO JUDICIAL
DISCIPLINARY CONTROL
Section 27. Attorneys removed or suspended by
Supreme Court on what grounds. — A member of
the bar may be removed or suspended from his
office as attorney by the Supreme Court for any
deceit, malpractice, or other gross misconduct in
such office, grossly immoral conduct, or by
reason of his conviction of a crime involving
moral turpitude, or for any violation of the oath
which he is required to take before the admission
to practice, or for a wilfull disobedience of any
lawful order of a superior court, or for corruptly
or willful appearing as an attorney for a party to
a case without authority so to do. The practice of
soliciting cases at law for the purpose of gain,
either personally or through paid agents or
brokers, constitutes malpractice.
Section 28. Suspension of attorney by the Court
of Appeals or a Court of First Instance. — The
Court of Appeals or a Court of First Instance may
suspend an attorney from practice for any of the
causes named in the last preceding section, and
after such suspension such attorney shall not
practice his profession until further action of the
Supreme Court in the premises.
E. GOOD MORAL CHARACTER
F.MANDATORY CONTINUING LEGAL
EDUCATION
Rule 2. MANDATORY CONTINUING LEGAL EDUCATION
 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:
Petitioner avers that the advertisements reproduced
are champertous, unethical, demeaning of the law
profession, and destructive of the confidence of the
community in the integrity of the members of the bar
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
advertisements at its instance, but claims that it is not
engaged in the practice of law but in the rendering of
"legal support services" through paralegals with the
use of modern computers and electronic machines.
DOCTRINE:
The services offered by respondent include various
legal problems wherein a client may avail of legal
services from simple documentation to complex
litigation and corporate undertakings. Most of these
services are exclusive functions of lawyers engaged in
the practice of law. Only a person duly admitted as a
member of the bar and who is in good and regular
standing is entitled to practice law.
FACTS:
Mauricio C. Ulep, petitioner, prays for the Court "to
order the respondent, The Legal Clinic, Inc., to
cease and desist from issuing advertisements similar
to or of the same tenor as that of Annexes `A' and `B'
(of said petition) and to perpetually prohibit persons
or entities from making advertisements pertaining to
the exercise of the law profession other than those
allowed by law.”
Petitioner avers that the advertisements reproduced
are champertous, unethical, demeaning of the law
profession, and destructive of the confidence of the
community in the integrity of the members of the bar
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
advertisements at its instance, but claims that it is not
engaged in the practice of law but in the rendering of
"legal support services" through paralegals with the
use of modern computers and electronic machines.
Respondent further argues that assuming that the
services advertised are legal services, the act of
advertising these services should be allowed
supposedly in the light of the case of John R. Bates
and Van O'Steen vs. State Bar of Arizona, reportedly
decided by the United States Supreme Court on June
7, 1977.
The contention of respondent that it merely offers
legal support services can neither be seriously
considered nor sustained. Said proposition is belied
by respondent's own description of the services it has
been offering.
While some of the services being offered by
Respondent Corporation merely involve mechanical
and technical know-how, such as the installation of
computer systems and programs for the efficient
management of law offices, or the computerization of
research aids and materials, these will not suffice to
justify an exception to the general rule.
It is palpably clear that respondent corporation gives
out legal information to laymen and lawyers. Its
contention that such function is non-advisory and
non-diagnostic is more apparent than real.
In providing information, for example, about foreign
laws on marriage, divorce and adoption, it strains the
credulity of this Court that all that respondent
corporation will simply do is look for the law, furnish
a copy thereof to the client, and stop there as if it
were merely a bookstore
It is clear that services offered by respondent fall
within the ambit of the practice of law. And only a
person duly admitted as a member of the bar and who
is in good and regular standing is entitled to practice
law.
ISSUE/S & RATIO:
1.
WON the services offered by respondent, The Legal
Clinic, Inc., as advertised by it constitutes practice of
law and, in either case, whether the same can
properly be the subject of the advertisements herein
complained of – YES The Legal Clinic is engaged in the
practice of law and such practice is not allowed.
Respondent is composed mainly of paralegals; the
services it offers include various legal problems
wherein a client may avail of legal services from
simple documentation to complex litigation and
corporate undertakings. Most of these services are
undoubtedly beyond the domain of paralegals, but
rather, are exclusive functions of lawyers engaged in
the practice of law. Under Philippine jurisdiction
however, the services being offered by Legal Clinic
which constitute practice of law cannot be performed
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