G.R. No. L-19450 May 27, 1965 Attorney Fule in the case is a violation of the above ruling.

ney Fule in the case is a violation of the above ruling. On December 17, Aside from the considerations advanced by the learned trial judge, heretofore
1960 the JP issued an order sustaining the legality of the appearance of City reproduced, and which we consider plausible, the fallacy of the theory of defense
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, Attorney Fule. counsel lies in his confused interpretation of Section 32 of Rule 127 (now Sec.
vs. 35, Rule 138, Revised Rules), which provides that "no judge or other official or
SIMPLICIO VILLANUEVA, defendant-appellant. Under date of January 4, 1961, counsel for the accused presented a "Motion to employee of the superior courts or of the office of the Solicitor General, shall
Inhibit Fiscal Fule from Acting as Private Prosecutor in this Case," this time engage in private practice as a member of the bar or give professional advice to
invoking Section 32, Rule 27, now Sec. 35, Rule 138, Revised Rules of Court, clients." He claims that City Attorney Fule, in appearing as private prosecutor in
Office of the Solicitor General for plaintiff-appellee. the case was engaging in private practice. We believe that the isolated
Magno T. Buese for defendant-appellant. which bars certain attorneys from practicing. Counsel claims that City Attorney
Fule falls under this limitation. The JP Court ruled on the motion by upholding the appearance of City Attorney Fule did not constitute private practice within the
right of Fule to appear and further stating that he (Fule) was not actually meaning and contemplation of the Rules. Practice is more than an isolated
SYLLABUS enagaged in private law practice. This Order was appealed to the CFI of Laguna, appearance, for it consists in frequent or customary actions, a succession of acts
presided by the Hon. Hilarion U. Jarencio, which rendered judgment on of the same kind. In other words, it is frequent habitual exercise (State vs.
December 20, 1961, the pertinent portions of which read: Cotner, 127, p. 1, 87 Kan. 864, 42 LRA, M.S. 768). Practice of law to fall within
1. ATTORNEYS-AT-LAW EMPLOYED IN THE GOVERNMENT; PROHIBITION the prohibition of statute has been interpreted as customarily or habitually holding
TO ENGAGE IN PRIVATE PRACTICE; MEANING. Practice is more than an one's self out to the public, as customarily and demanding payment for such
isolated appearance, for it consists in frequent or customary actions a succession The present case is one for malicious mischief. There being no reservation by services (State vs. Bryan, 4 S.E. 522, 98 N.C. 644, 647). The appearance as
of acts of the same kind. The practice of law by attorneys employed in the the offended party of the civil liability, the civil action was deemed impliedly counsel on one occasion is not conclusive as determinative of engagement in the
government, to fall within the prohibition of statute has been interpreted as instituted with the criminal action. The offended party had, therefore, the right to
customarily or habitually holding ones self out to the public, as a lawyer and private practice of law. The following observation of the Solicitor General is
intervene in the case and be represented by a legal counsel because of her noteworthy:
demanding payment for such services. The appearance as counsel on one
interest in the civil liability of the accused.
occasion, is not conclusive as determinative of engagement in the private
practice of law. The word private practice of law implies that one must have
Essentially, the word private practice of law implies that one must have
presented himself to be in the active and continued practice of the legal Sec. 31, Rule 127 of the Rules of Court provides that in the court of a justice of
profession and that his professional services are available to the public for a presented himself to be in the active and continued practice of the legal
the peace a party may conduct his litigation in person, with the aid of an agent or 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
friend appointed by him for that purpose, or with the aid of an attorney. Assistant compensation, as a source of his livelihood or in consideration of his said
services.
City Attorney Fule appeared in the Justice of the Peace Court as an agent or services.
2. ID.; ID.; ASSISTANT CITY ATTORNEY HANDLING CASE FOR RELATIVE friend of the offended party. It does not appear that he was being paid for his
WITH PERMISSION OF SUPERIOR NOT IN PROHIBITED PRIVATE services or that his appearance was in a professional capacity. As Assistant City
PRACTICE. The isolated appearance as a private prosecutor, previously Attorney of San Pablo he had no control or intervention whatsoever in the For one thing, it has never been refuted that City Attorney Fule had been given
authorized by his superior, of an assistant city attorney in a criminal case for prosecution of crimes committed in the municipality of Alaminos, Laguna, permission by his immediate superior, the Secretary of Justice, to represent the
malicious mischief before a justice of the peace court where the offended party is because the prosecution of criminal cases coming from Alaminos are handled by complainant in the case at bar, who is a relative.
his relative, does not violate Section 32, Rule 127, now Sec. 35, Rule 138,
the Office of the Provincial Fiscal and not by the City Attornev of San Pablo.
Revised Rules of Court, which bars certain attorneys from practicing.
There could be no possible conflict in the duties of Assistant City Attorney Fule as CONFORMABLY WITH ALL THE FOREGOING, the decision appealed from
PAREDES, J.: Assistant City Attorney of San Pablo and as private prosecutor in this criminal should be, as it is hereby affirmed, in all respects, with costs against appellant..
case. On the other hand, as already pointed out, the offended party in this
criminal case had a right to be represented by an agent or a friend to protect her
On September 4, 1959, the Chief of Police of Alaminos, Laguna, charged
rights in the civil action which was impliedly instituted together with the criminal G.R. No. 100113 September 3, 1991
Simplicio Villanueva with the Crime of Malicious Mischief before the Justice of
action.
the Peace Court of said municipality. Said accused was represented by
counsel de officio but later on replaced by counsel de parte. The complainant in RENATO CAYETANO, petitioner,
the same case was represented by City Attorney Ariston Fule of San Pablo City, In view of the foregoing, this Court holds that Asst. City Attorney Ariston D. Fule vs.
having entered his appearance as private prosecutor, after securing the may appear before the Justice of the Peace Court of Alaminos, Laguna as CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON
permission of the Secretary of Justice. The condition of his appearance as such, private prosecutor in this criminal case as an agent or a friend of the offended APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as
was that every time he would appear at the trial of the case, he would be party. Secretary of Budget and Management, respondents.
considered on official leave of absence, and that he would not receive any
payment for his services. The appearance of City Attorney Fule as private WHEREFORE, the appeal from the order of the Justice of the Peace Court of Renato L. Cayetano for and in his own behalf.
prosecutor was questioned by the counsel for the accused, invoking the case Alaminos, Laguna, allowing the apprearance of Ariston D. Fule as private
of Aquino, et al. vs. Blanco, et al., prosecutor is dismissed, without costs.
Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner.
L-1532, Nov. 28, 1947, wherein it was ruled that "when an attorney had been
appointed to the position of Assistant Provincial Fiscal or City Fiscal and therein The above decision is the subject of the instant proceeding.
qualified, by operation of law, he ceased to engage in private law practice." PARAS, J.:p
Counsel then argued that the JP Court in entertaining the appearance of City
The appeal should be dismissed, for patently being without merits.1wph1.t
We are faced here with a controversy of far-reaching proportions. While ... for valuable consideration engages in the business of advising person, firms, The University of the Philippines Law Center in conducting orientation briefing for
ostensibly only legal issues are involved, the Court's decision in this case would associations or corporations as to their rights under the law, or appears in a new lawyers (1974-1975) listed the dimensions of the practice of law in even
indubitably have a profound effect on the political aspect of our national representative capacity as an advocate in proceedings pending or prospective, broader terms as advocacy, counselling and public service.
existence. before any court, commissioner, referee, board, body, committee, or commission
constituted by law or authorized to settle controversies and there, in such One may be a practicing attorney in following any line of employment in the
The 1987 Constitution provides in Section 1 (1), Article IX-C: representative capacity performs any act or acts for the purpose of obtaining or profession. If what he does exacts knowledge of the law and is of a kind usual for
defending the rights of their clients under the law. Otherwise stated, one who, in attorneys engaging in the active practice of their profession, and he follows some
a representative capacity, engages in the business of advising clients as to their one or more lines of employment such as this he is a practicing attorney at law
There shall be a Commission on Elections composed of a Chairman and six rights under the law, or while so engaged performs any act or acts either in court
Commissioners who shall be natural-born citizens of the Philippines and, at the within the meaning of the statute. (Barr v. Cardell, 155 NW 312)
or outside of court for that purpose, is engaged in the practice of law. (State ex.
time of their appointment, at least thirty-five years of age, holders of a college rel. Mckittrick v..C.S. Dudley and Co., 102 S.W. 2d 895, 340 Mo. 852)
degree, and must not have been candidates for any elective position in the Practice of law means any activity, in or out of court, which requires the
immediately preceding -elections. However, a majority thereof, including the application of law, legal procedure, knowledge, training and experience. "To
Chairman, shall be members of the Philippine Bar who have been engaged in This Court in the case of Philippine Lawyers Association v.Agrava, (105 Phil. engage in the practice of law is to perform those acts which are characteristics of
the practice of law for at least ten years. (Emphasis supplied) 173,176-177) stated: the profession. Generally, to practice law is to give notice or render any kind of
service, which device or service requires the use in any degree of legal
The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 The practice of law is not limited to the conduct of cases or litigation in court; it knowledge or skill." (111 ALR 23)
Constitution which similarly provides: embraces the preparation of pleadings and other papers incident to actions and
special proceedings, the management of such actions and proceedings on behalf The following records of the 1986 Constitutional Commission show that it has
of clients before judges and courts, and in addition, conveying. In general, adopted a liberal interpretation of the term "practice of law."
There shall be an independent Commission on Elections composed of a all advice to clients, and all action taken for them in mattersconnected with the
Chairman and eight Commissioners who shall be natural-born citizens of the law incorporation services, assessment and condemnation services
Philippines and, at the time of their appointment, at least thirty-five years of age contemplating an appearance before a judicial body, the foreclosure of a MR. FOZ. Before we suspend the session, may I make a manifestation which I
and holders of a college degree. However, a majority thereof, including the mortgage, enforcement of a creditor's claim in bankruptcy and insolvency forgot to do during our review of the provisions on the Commission on Audit. May
Chairman, shall be members of the Philippine Bar who have been engaged in proceedings, and conducting proceedings in attachment, and in matters of estate I be allowed to make a very brief statement?
the practice of law for at least ten years.' (Emphasis supplied) and guardianship have been held to constitute law practice, as do the
preparation and drafting of legal instruments, where the work done involves the THE PRESIDING OFFICER (Mr. Jamir).
Regrettably, however, there seems to be no jurisprudence as to what constitutes determination by the trained legal mind of the legal effect of facts and conditions.
practice of law as a legal qualification to an appointive office. (5 Am. Jr. p. 262, 263). (Emphasis supplied) The Commissioner will please proceed.

Black defines "practice of law" as: Practice of law under modem conditions consists in no small part of work MR. FOZ. This has to do with the qualifications of the members of the
performed outside of any court and having no immediate relation to proceedings Commission on Audit. Among others, the qualifications provided for by Section I
The rendition of services requiring the knowledge and the application of legal in court. It embraces conveyancing, the giving of legal advice on a large variety is that "They must be Members of the Philippine Bar" I am quoting from the
principles and technique to serve the interest of another with his consent. It is not of subjects, and the preparation and execution of legal instruments covering an provision "who have been engaged in the practice of law for at least ten
limited to appearing in court, or advising and assisting in the conduct of litigation, extensive field of business and trust relations and other affairs. Although these years".
but embraces the preparation of pleadings, and other papers incident to actions transactions may have no direct connection with court proceedings, they are
and special proceedings, conveyancing, the preparation of legal instruments of always subject to become involved in litigation. They require in many aspects a
high degree of legal skill, a wide experience with men and affairs, and great To avoid any misunderstanding which would result in excluding members of the
all kinds, and the giving of all legal advice to clients. It embraces all advice to Bar who are now employed in the COA or Commission on Audit, we would like to
clients and all actions taken for them in matters connected with the law. An capacity for adaptation to difficult and complex situations. These customary
functions of an attorney or counselor at law bear an intimate relation to the make the clarification that this provision on qualifications regarding members of
attorney engages in the practice of law by maintaining an office where he is held the Bar does not necessarily refer or involve actual practice of law outside the
out to be-an attorney, using a letterhead describing himself as an attorney, administration of justice by the courts. No valid distinction, so far as concerns the
question set forth in the order, can be drawn between that part of the work of the COA We have to interpret this to mean that as long as the lawyers who are
counseling clients in legal matters, negotiating with opposing counsel about employed in the COA are using their legal knowledge or legal talent in their
pending litigation, and fixing and collecting fees for services rendered by his lawyer which involves appearance in court and that part which involves advice
and drafting of instruments in his office. It is of importance to the welfare of the respective work within COA, then they are qualified to be considered for
associate. (Black's Law Dictionary, 3rd ed.) appointment as members or commissioners, even chairman, of the Commission
public that these manifold customary functions be performed by persons
possessed of adequate learning and skill, of sound moral character, and acting at on Audit.
The practice of law is not limited to the conduct of cases in court. (Land Title all times under the heavy trust obligations to clients which rests upon all
Abstract and Trust Co. v. Dworken,129 Ohio St. 23, 193 N.E. 650) A person is attorneys. (Moran, Comments on the Rules of Court, Vol. 3 [1953 ed.] , p. 665-
also considered to be in the practice of law when he: 666, citing In re Opinion of the Justices [Mass.], 194 N.E. 313, quoted in Rhode
Is. Bar Assoc. v. Automobile Service Assoc. [R.I.] 179 A. 139,144). (Emphasis
ours)
This has been discussed by the Committee on Constitutional Commissions and either case, the members of the firm are the experienced attorneys. In most of much else. Instead, the work will require the lawyer to have mastered the full
Agencies and we deem it important to take it up on the floor so that this firms, there are younger or more inexperienced salaried attorneyscalled range of traditional lawyer skills of client counselling, advice-giving, document
interpretation may be made available whenever this provision on the "associates." (Ibid.). drafting, and negotiation. And increasingly lawyers find that the new skills of
qualifications as regards members of the Philippine Bar engaging in the practice evaluation and mediation are both effective for many clients and a source of
of law for at least ten years is taken up. The test that defines law practice by looking to traditional areas of law practice is employment. (Ibid.).
essentially tautologous, unhelpful defining the practice of law as that which
MR. OPLE. Will Commissioner Foz yield to just one question. lawyers do. (Charles W. Wolfram, Modern Legal Ethics [West Publishing Co.: Most lawyers will engage in non-litigation legal work or in litigation work that is
Minnesota, 1986], p. 593). The practice of law is defined as the performance of constrained in very important ways, at least theoretically, so as to remove from it
MR. FOZ. Yes, Mr. Presiding Officer. any acts . . . in or out of court, commonly understood to be the practice of law. some of the salient features of adversarial litigation. Of these special roles, the
(State Bar Ass'n v. Connecticut Bank & Trust Co., 145 Conn. 222, 140 A.2d 863, most prominent is that of prosecutor. In some lawyers' work the constraints are
870 [1958] [quoting Grievance Comm. v. Payne, 128 Conn. 325, 22 A.2d 623, imposed both by the nature of the client and by the way in which the lawyer is
MR. OPLE. Is he, in effect, saying that service in the COA by a lawyer is 626 [1941]). Because lawyers perform almost every function known in the organized into a social unit to perform that work. The most common of these
equivalent to the requirement of a law practice that is set forth in the Article on commercial and governmental realm, such a definition would obviously be too roles are those of corporate practice and government legal service. (Ibid.).
the Commission on Audit? global to be workable.(Wolfram, op. cit.).
In several issues of the Business Star, a business daily, herein below quoted are
MR. FOZ. We must consider the fact that the work of COA, although it is The appearance of a lawyer in litigation in behalf of a client is at once the most emerging trends in corporate law practice, a departure from the traditional
auditing, will necessarily involve legal work; it will involve legal work. And, publicly familiar role for lawyers as well as an uncommon role for the average concept of practice of law.
therefore, lawyers who are employed in COA now would have the necessary lawyer. Most lawyers spend little time in courtrooms, and a large percentage
qualifications in accordance with the Provision on qualifications under our spend their entire practice without litigating a case. (Ibid., p. 593). Nonetheless,
provisions on the Commission on Audit. And, therefore, the answer is yes. We are experiencing today what truly may be called a revolutionary
many lawyers do continue to litigate and the litigating lawyer's role colors much of transformation in corporate law practice. Lawyers and other professional groups,
both the public image and the self perception of the legal profession. (Ibid.). in particular those members participating in various legal-policy decisional
MR. OPLE. Yes. So that the construction given to this is that this is equivalent to contexts, are finding that understanding the major emerging trends in corporation
the practice of law. In this regard thus, the dominance of litigation in the public mind reflects history, law is indispensable to intelligent decision-making.
not reality. (Ibid.). Why is this so? Recall that the late Alexander SyCip, a
MR. FOZ. Yes, Mr. Presiding Officer. corporate lawyer, once articulated on the importance of a lawyer as a business Constructive adjustment to major corporate problems of today requires an
counselor in this wise: "Even today, there are still uninformed laymen whose accurate understanding of the nature and implications of the corporate law
MR. OPLE. Thank you. concept of an attorney is one who principally tries cases before the courts. The research function accompanied by an accelerating rate of information
members of the bench and bar and the informed laymen such as businessmen, accumulation. The recognition of the need for such improved corporate legal
know that in most developed societies today, substantially more legal work is policy formulation, particularly "model-making" and "contingency planning," has
... ( Emphasis supplied) transacted in law offices than in the courtrooms. General practitioners of law who impressed upon us the inadequacy of traditional procedures in many decisional
do both litigation and non-litigation work also know that in most cases they find contexts.
Section 1(1), Article IX-D of the 1987 Constitution, provides, among others, that themselves spending more time doing what [is] loosely desccribe[d] as business
the Chairman and two Commissioners of the Commission on Audit (COA) should counseling than in trying cases. The business lawyer has been described as the
either be certified public accountants with not less than ten years of auditing planner, the diagnostician and the trial lawyer, the surgeon. I[t] need not [be] In a complex legal problem the mass of information to be processed, the sorting
practice, or members of the Philippine Bar who have been engaged in stress[ed] that in law, as in medicine, surgery should be avoided where internal and weighing of significant conditional factors, the appraisal of major trends, the
the practice of law for at least ten years. (emphasis supplied) medicine can be effective." (Business Star, "Corporate Finance Law," Jan. 11, necessity of estimating the consequences of given courses of action, and the
1989, p. 4). need for fast decision and response in situations of acute danger have prompted
the use of sophisticated concepts of information flow theory, operational analysis,
Corollary to this is the term "private practitioner" and which is in many ways automatic data processing, and electronic computing equipment.
synonymous with the word "lawyer." Today, although many lawyers do not In the course of a working day the average general practitioner wig engage in a Understandably, an improved decisional structure must stress the predictive
engage in private practice, it is still a fact that the majority of lawyers are private number of legal tasks, each involving different legal doctrines, legal skills, legal component of the policy-making process, wherein a "model", of the decisional
practitioners. (Gary Munneke, Opportunities in Law Careers [VGM Career processes, legal institutions, clients, and other interested parties. Even the context or a segment thereof is developed to test projected alternative courses of
Horizons: Illinois], [1986], p. 15). increasing numbers of lawyers in specialized practice wig usually perform at least action in terms of futuristic effects flowing therefrom.
some legal services outside their specialty. And even within a narrow specialty
At this point, it might be helpful to define private practice. The term, as commonly such as tax practice, a lawyer will shift from one legal task or role such as advice-
giving to an importantly different one such as representing a client before an Although members of the legal profession are regularly engaged in predicting
understood, means "an individual or organization engaged in the business of and projecting the trends of the law, the subject of corporate finance law has
delivering legal services." (Ibid.). Lawyers who practice alone are often called administrative agency. (Wolfram, supra, p. 687).
received relatively little organized and formalized attention in the philosophy of
"sole practitioners." Groups of lawyers are called "firms." The firm is usually a advancing corporate legal education. Nonetheless, a cross-disciplinary approach
partnership and members of the firm are the partners. Some firms may be By no means will most of this work involve litigation, unless the lawyer is one of to legal research has become a vital necessity.
organized as professional corporations and the members called shareholders. In the relatively rare types a litigator who specializes in this work to the exclusion
Certainly, the general orientation for productive contributions by those trained and law firms. Because working in a foreign country is perceived by many as adversarial relationships and traditional forms of seeking to influence
primarily in the law can be improved through an early introduction to multi- glamorous, tills is an area coveted by corporate lawyers. In most cases, however, governmental policies. And there are lessons to be learned from other countries.
variable decisional context and the various approaches for handling such the overseas jobs go to experienced attorneys while the younger attorneys do In Europe, Esprit, Eureka and Race are examples of collaborative efforts
problems. Lawyers, particularly with either a master's or doctorate degree in their "international practice" in law libraries. (Business Star, "Corporate Law between governmental and business Japan's MITI is world famous. (Emphasis
business administration or management, functioning at the legal policy level of Practice," May 25,1990, p. 4). supplied)
decision-making now have some appreciation for the concepts and analytical
techniques of other professions which are currently engaged in similar types of This brings us to the inevitable, i.e., the role of the lawyer in the realm of finance. Following the concept of boundary spanning, the office of the Corporate Counsel
complex decision-making. To borrow the lines of Harvard-educated lawyer Bruce Wassertein, to wit: "A bad comprises a distinct group within the managerial structure of all kinds of
lawyer is one who fails to spot problems, a good lawyer is one who perceives the organizations. Effectiveness of both long-term and temporary groups within
Truth to tell, many situations involving corporate finance problems would require difficulties, and the excellent lawyer is one who surmounts them." (Business Star, organizations has been found to be related to indentifiable factors in the group-
the services of an astute attorney because of the complex legal implications that "Corporate Finance Law," Jan. 11, 1989, p. 4). context interaction such as the groups actively revising their knowledge of the
arise from each and every necessary step in securing and maintaining the environment coordinating work with outsiders, promoting team achievements
business issue raised. (Business Star, "Corporate Finance Law," Jan. 11, 1989, Today, the study of corporate law practice direly needs a "shot in the arm," so to within the organization. In general, such external activities are better predictors of
p. 4). speak. No longer are we talking of the traditional law teaching method of team performance than internal group processes.
confining the subject study to the Corporation Code and the Securities Code but
In our litigation-prone country, a corporate lawyer is assiduously referred to as an incursion as well into the intertwining modern management issues. In a crisis situation, the legal managerial capabilities of the corporate lawyer vis-
the "abogado de campanilla." He is the "big-time" lawyer, earning big money and a-vis the managerial mettle of corporations are challenged. Current research is
with a clientele composed of the tycoons and magnates of business and industry. Such corporate legal management issues deal primarily with three (3) types of seeking ways both to anticipate effective managerial procedures and to
learning: (1) acquisition of insights into current advances which are of particular understand relationships of financial liability and insurance considerations.
Despite the growing number of corporate lawyers, many people could not explain significance to the corporate counsel; (2) an introduction to usable disciplinary (Emphasis supplied)
what it is that a corporate lawyer does. For one, the number of attorneys skins applicable to a corporate counsel's management responsibilities; and (3) a
employed by a single corporation will vary with the size and type of the devotion to the organization and management of the legal function itself. Regarding the skills to apply by the corporate counsel, three factors are apropos:
corporation. Many smaller and some large corporations farm out all their legal
problems to private law firms. Many others have in-house counsel only for certain These three subject areas may be thought of as intersecting circles, with a First System Dynamics. The field of systems dynamics has been found an
matters. Other corporation have a staff large enough to handle most legal shared area linking them. Otherwise known as "intersecting managerial effective tool for new managerial thinking regarding both planning and pressing
problems in-house. jurisprudence," it forms a unifying theme for the corporate counsel's total immediate problems. An understanding of the role of feedback loops, inventory
learning. levels, and rates of flow, enable users to simulate all sorts of systematic
A corporate lawyer, for all intents and purposes, is a lawyer who handles the problems physical, economic, managerial, social, and psychological. New
legal affairs of a corporation. His areas of concern or jurisdiction may Some current advances in behavior and policy sciences affect the counsel's role. programming techniques now make the system dynamics principles more
include, inter alia: corporate legal research, tax laws research, acting out as For that matter, the corporate lawyer reviews the globalization process, including accessible to managers including corporate counsels. (Emphasis supplied)
corporate secretary (in board meetings), appearances in both courts and other the resulting strategic repositioning that the firms he provides counsel for are
adjudicatory agencies (including the Securities and Exchange Commission), and required to make, and the need to think about a corporation's; strategy at multiple Second Decision Analysis. This enables users to make better decisions involving
in other capacities which require an ability to deal with the law. levels. The salience of the nation-state is being reduced as firms deal both with complexity and uncertainty. In the context of a law department, it can be used to
global multinational entities and simultaneously with sub-national governmental appraise the settlement value of litigation, aid in negotiation settlement, and
At any rate, a corporate lawyer may assume responsibilities other than the legal units. Firms increasingly collaborate not only with public entities but with each minimize the cost and risk involved in managing a portfolio of cases. (Emphasis
affairs of the business of the corporation he is representing. These include such other often with those who are competitors in other arenas. supplied)
matters as determining policy and becoming involved in management.
( Emphasis supplied.) Also, the nature of the lawyer's participation in decision-making within the Third Modeling for Negotiation Management. Computer-based models can be
corporation is rapidly changing. The modem corporate lawyer has gained a new used directly by parties and mediators in all lands of negotiations. All integrated
In a big company, for example, one may have a feeling of being isolated from the role as a stakeholder in some cases participating in the organization and set of such tools provide coherent and effective negotiation support, including
action, or not understanding how one's work actually fits into the work of the operations of governance through participation on boards and other decision- hands-on on instruction in these techniques. A simulation case of an international
orgarnization. This can be frustrating to someone who needs to see the results of making roles. Often these new patterns develop alongside existing legal joint venture may be used to illustrate the point.
his work first hand. In short, a corporate lawyer is sometimes offered this fortune institutions and laws are perceived as barriers. These trends are complicated as
to be more closely involved in the running of the business. corporations organize for global operations. ( Emphasis supplied) [Be this as it may,] the organization and management of the legal function,
concern three pointed areas of consideration, thus:
Moreover, a corporate lawyer's services may sometimes be engaged by a The practising lawyer of today is familiar as well with governmental policies
multinational corporation (MNC). Some large MNCs provide one of the few toward the promotion and management of technology. New collaborative Preventive Lawyering. Planning by lawyers requires special skills that comprise a
opportunities available to corporate lawyers to enter the international law field. arrangements for promoting specific technologies or competitiveness more major part of the general counsel's responsibilities. They differ from those of
After all, international law is practiced in a relatively small number of companies generally require approaches from industry that differ from older, more
remedial law. Preventive lawyering is concerned with minimizing the risks of legal petition for certiorari and Prohibition praying that said confirmation and the After a fashion, the loan agreement is like a country's Constitution; it lays down
trouble and maximizing legal rights for such legal entities at that time when consequent appointment of Monsod as Chairman of the Commission on the law as far as the loan transaction is concerned. Thus, the meat of any Loan
transactional or similar facts are being considered and made. Elections be declared null and void. Agreement can be compartmentalized into five (5) fundamental parts: (1)
business terms; (2) borrower's representation; (3) conditions of closing; (4)
Managerial Jurisprudence. This is the framework within which are undertaken Atty. Christian Monsod is a member of the Philippine Bar, having passed the bar covenants; and (5) events of default. (Ibid., p. 13).
those activities of the firm to which legal consequences attach. It needs to be examinations of 1960 with a grade of 86-55%. He has been a dues paying
directly supportive of this nation's evolving economic and organizational fabric as member of the Integrated Bar of the Philippines since its inception in 1972-73. He In the same vein, lawyers play an important role in any debt restructuring
firms change to stay competitive in a global, interdependent environment. The has also been paying his professional license fees as lawyer for more than ten program. For aside from performing the tasks of legislative drafting and legal
practice and theory of "law" is not adequate today to facilitate the relationships years. (p. 124, Rollo) advising, they score national development policies as key factors in maintaining
needed in trying to make a global economy work. their countries' sovereignty. (Condensed from the work paper, entitled "Wanted:
After graduating from the College of Law (U.P.) and having hurdled the bar, Atty. Development Lawyers for Developing Nations," submitted by L. Michael Hager,
Organization and Functioning of the Corporate Counsel's Office. The general Monsod worked in the law office of his father. During his stint in the World Bank regional legal adviser of the United States Agency for International Development,
counsel has emerged in the last decade as one of the most vibrant subsets of the Group (1963-1970), Monsod worked as an operations officer for about two years during the Session on Law for the Development of Nations at the Abidjan World
legal profession. The corporate counsel hear responsibility for key aspects of the in Costa Rica and Panama, which involved getting acquainted with the laws of Conference in Ivory Coast, sponsored by the World Peace Through Law Center
firm's strategic issues, including structuring its global operations, managing member-countries negotiating loans and coordinating legal, economic, and on August 26-31, 1973). ( Emphasis supplied)
improved relationships with an increasingly diversified body of employees, project work of the Bank. Upon returning to the Philippines in 1970, he worked
managing expanded liability exposure, creating new and varied interactions with with the Meralco Group, served as chief executive officer of an investment bank Loan concessions and compromises, perhaps even more so than purely
public decision-makers, coping internally with more complex make or by and subsequently of a business conglomerate, and since 1986, has rendered renegotiation policies, demand expertise in the law of contracts, in legislation and
decisions. services to various companies as a legal and economic consultant or chief agreement drafting and in renegotiation. Necessarily, a sovereign lawyer may
executive officer. As former Secretary-General (1986) and National Chairman work with an international business specialist or an economist in the formulation
This whole exercise drives home the thesis that knowing corporate law is not (1987) of NAMFREL. Monsod's work involved being knowledgeable in election of a model loan agreement. Debt restructuring contract agreements contain such
enough to make one a good general corporate counsel nor to give him a full law. He appeared for NAMFREL in its accreditation hearings before the a mixture of technical language that they should be carefully drafted and signed
sense of how the legal system shapes corporate activities. And even if the Comelec. In the field of advocacy, Monsod, in his personal capacity and as only with the advise of competent counsel in conjunction with the guidance of
corporate lawyer's aim is not the understand all of the law's effects on corporate former Co-Chairman of the Bishops Businessmen's Conference for Human adequate technical support personnel. (See International Law Aspects of the
activities, he must, at the very least, also gain a working knowledge of the Development, has worked with the under privileged sectors, such as the farmer Philippine External Debts, an unpublished dissertation, U.S.T. Graduate School
management issues if only to be able to grasp not only the basic legal and urban poor groups, in initiating, lobbying for and engaging in affirmative of Law, 1987, p. 321). ( Emphasis supplied)
"constitution' or makeup of the modem corporation. "Business Star", "The action for the agrarian reform law and lately the urban land reform bill. Monsod
Corporate Counsel," April 10, 1991, p. 4). also made use of his legal knowledge as a member of the Davide Commission, a A critical aspect of sovereign debt restructuring/contract construction is the set of
quast judicial body, which conducted numerous hearings (1990) and as a terms and conditions which determines the contractual remedies for a failure to
member of the Constitutional Commission (1986-1987), and Chairman of its perform one or more elements of the contract. A good agreement must not only
The challenge for lawyers (both of the bar and the bench) is to have more than a Committee on Accountability of Public Officers, for which he was cited by the
passing knowledge of financial law affecting each aspect of their work. Yet, many define the responsibilities of both parties, but must also state the recourse open
President of the Commission, Justice Cecilia Muoz-Palma for "innumerable to either party when the other fails to discharge an obligation. For a compleat
would admit to ignorance of vast tracts of the financial law territory. What amendments to reconcile government functions with individual freedoms and
transpires next is a dilemma of professional security: Will the lawyer admit debt restructuring represents a devotion to that principle which in the ultimate
public accountability and the party-list system for the House of Representative. analysis issine qua non for foreign loan agreements-an adherence to the rule of
ignorance and risk opprobrium?; or will he feign understanding and risk (pp. 128-129 Rollo) ( Emphasis supplied)
exposure? (Business Star, "Corporate Finance law," Jan. 11, 1989, p. 4). law in domestic and international affairs of whose kind U.S. Supreme Court
Justice Oliver Wendell Holmes, Jr. once said: "They carry no banners, they beat
Just a word about the work of a negotiating team of which Atty. Monsod used to no drums; but where they are, men learn that bustle and bush are not the equal
Respondent Christian Monsod was nominated by President Corazon C. Aquino be a member. of quiet genius and serene mastery." (See Ricardo J. Romulo, "The Role of
to the position of Chairman of the COMELEC in a letter received by the Lawyers in Foreign Investments," Integrated Bar of the Philippine Journal, Vol.
Secretariat of the Commission on Appointments on April 25, 1991. Petitioner 15, Nos. 3 and 4, Third and Fourth Quarters, 1977, p. 265).
opposed the nomination because allegedly Monsod does not possess the In a loan agreement, for instance, a negotiating panel acts as a team, and which
required qualification of having been engaged in the practice of law for at least is adequately constituted to meet the various contingencies that arise during a
ten years. negotiation. Besides top officials of the Borrower concerned, there are the legal Interpreted in the light of the various definitions of the term Practice of law".
officer (such as the legal counsel), the finance manager, and an operations particularly the modern concept of law practice, and taking into consideration the
officer (such as an official involved in negotiating the contracts) who comprise the liberal construction intended by the framers of the Constitution, Atty. Monsod's
On June 5, 1991, the Commission on Appointments confirmed the nomination of members of the team. (Guillermo V. Soliven, "Loan Negotiating Strategies for past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-
Monsod as Chairman of the COMELEC. On June 18, 1991, he took his oath of Developing Country Borrowers," Staff Paper No. 2, Central Bank of the entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator
office. On the same day, he assumed office as Chairman of the COMELEC. Philippines, Manila, 1982, p. 11). (Emphasis supplied) of both the rich and the poor verily more than satisfy the constitutional
requirement that he has been engaged in the practice of law for at least ten
Challenging the validity of the confirmation by the Commission on Appointments years.
of Monsod's nomination, petitioner as a citizen and taxpayer, filed the instant
Besides in the leading case of Luego v. Civil Service Commission, 143 SCRA 1987 Constitution. Moreover, Justice Padilla's definition would require generally a (2) In the same vein, may the Court reject the nominee, whom the Commission
327, the Court said: habitual law practice, perhaps practised two or three times a week and would has confirmed? The answer is likewise clear.
outlaw say, law practice once or twice a year for ten consecutive years. Clearly,
Appointment is an essentially discretionary power and must be performed by the this is far from the constitutional intent. (3) If the United States Senate (which is the confirming body in the U.S.
officer in which it is vested according to his best lights, the only condition being Congress) decides to confirma Presidential nominee, it would be incredible that
that the appointee should possess the qualifications required by law. If he does, Upon the other hand, the separate opinion of Justice Isagani Cruz states that in the U.S. Supreme Court would still reverse the U.S. Senate.
then the appointment cannot be faulted on the ground that there are others better my written opinion, I made use of a definition of law practice which really means
qualified who should have been preferred. This is a political question involving nothing because the definition says that law practice " . . . is what people Finally, one significant legal maxim is:
considerations of wisdom which only the appointing authority can decide. ordinarily mean by the practice of law." True I cited the definition but only by way
(emphasis supplied) of sarcasm as evident from my statement that the definition of law practice by
"traditional areas of law practice is essentially tautologous" or defining a phrase We must interpret not by the letter that killeth, but by the
by means of the phrase itself that is being defined. spirit that giveth life.
No less emphatic was the Court in the case of (Central Bank v. Civil Service
Commission, 171 SCRA 744) where it stated:
Justice Cruz goes on to say in substance that since the law covers almost all Take this hypothetical case of Samson and Delilah. Once, the procurator of
situations, most individuals, in making use of the law, or in advising others on Judea asked Delilah (who was Samson's beloved) for help in capturing Samson.
It is well-settled that when the appointee is qualified, as in this case, and all the Delilah agreed on condition that
other legal requirements are satisfied, the Commission has no alternative but to what the law means, are actually practicing law. In that sense, perhaps, but we
attest to the appointment in accordance with the Civil Service Law. The should not lose sight of the fact that Mr. Monsod is a lawyer, a member of the
Commission has no authority to revoke an appointment on the ground that Philippine Bar, who has been practising law for over ten years. This is different No blade shall touch his skin;
another person is more qualified for a particular position. It also has no authority from the acts of persons practising law, without first becoming lawyers.
to direct the appointment of a substitute of its choice. To do so would be an No blood shall flow from his veins.
encroachment on the discretion vested upon the appointing authority. An Justice Cruz also says that the Supreme Court can even disqualify an elected
appointment is essentially within the discretionary power of whomsoever it is President of the Philippines, say, on the ground that he lacks one or more When Samson (his long hair cut by Delilah) was captured, the procurator placed
vested, subject to the only condition that the appointee should possess the qualifications. This matter, I greatly doubt. For one thing, how can an action or an iron rod burning white-hot two or three inches away from in front of Samson's
qualifications required by law. ( Emphasis supplied) petition be brought against the President? And even assuming that he is indeed eyes. This blinded the man. Upon hearing of what had happened to her beloved,
disqualified, how can the action be entertained since he is the incumbent Delilah was beside herself with anger, and fuming with righteous fury, accused
The appointing process in a regular appointment as in the case at bar, consists of President? the procurator of reneging on his word. The procurator calmly replied: "Did any
four (4) stages: (1) nomination; (2) confirmation by the Commission on blade touch his skin? Did any blood flow from his veins?" The procurator was
Appointments; (3) issuance of a commission (in the Philippines, upon submission We now proceed: clearly relying on the letter, not the spirit of the agreement.
by the Commission on Appointments of its certificate of confirmation, the
President issues the permanent appointment; and (4) acceptance e.g., oath- The Commission on the basis of evidence submitted doling the public hearings In view of the foregoing, this petition is hereby DISMISSED.
taking, posting of bond, etc. . . . (Lacson v. Romero, No. L-3081, October 14, on Monsod's confirmation, implicitly determined that he possessed the necessary
1949; Gonzales, Law on Public Officers, p. 200) qualifications as required by law. The judgment rendered by the Commission in SO ORDERED.
the exercise of such an acknowledged power is beyond judicial interference
The power of the Commission on Appointments to give its consent to the except only upon a clear showing of a grave abuse of discretion amounting to
nomination of Monsod as Chairman of the Commission on Elections is mandated lack or excess of jurisdiction. (Art. VIII, Sec. 1 Constitution). Thus, only where
by Section 1(2) Sub-Article C, Article IX of the Constitution which provides: such grave abuse of discretion is clearly shown shall the Court interfere with the
Bar Matter No. 553 June 17, 1993
Commission's judgment. In the instant case, there is no occasion for the exercise
The Chairman and the Commisioners shall be appointed by the President with of the Court's corrective power, since no abuse, much less a grave abuse of
discretion, that would amount to lack or excess of jurisdiction and would warrant MAURICIO C. ULEP, petitioner,
the consent of the Commission on Appointments for a term of seven years
the issuance of the writs prayed, for has been clearly shown. vs.
without reappointment. Of those first appointed, three Members shall hold office
THE LEGAL CLINIC, INC., respondent.
for seven years, two Members for five years, and the last Members for three
years, without reappointment. Appointment to any vacancy shall be only for the Additionally, consider the following:
unexpired term of the predecessor. In no case shall any Member be appointed or R E SO L U T I O N
designated in a temporary or acting capacity. (1) If the Commission on Appointments rejects a nominee by the President, may
the Supreme Court reverse the Commission, and thus in effect confirm the
Anent Justice Teodoro Padilla's separate opinion, suffice it to say that his appointment? Clearly, the answer is in the negative.
definition of the practice of law is the traditional or stereotyped notion of law REGALADO, J.:
practice, as distinguished from the modern concept of the practice of law, which
modern connotation is exactly what was intended by the eminent framers of the
Petitioner prays this Court "to order the respondent to cease and desist from in the light of the case of John R. Bates and Van O'Steen vs. State Bar of The IBP would therefore invoke the administrative supervision of this Honorable
issuing advertisements similar to or of the same tenor as that of annexes "A" and Arizona, 2 reportedly decided by the United States Supreme Court on June 7, Court to perpetually restrain respondent from undertaking highly unethical
"B" (of said petition) and to perpetually prohibit persons or entities from making 1977. activities in the field of law practice as aforedescribed. 4
advertisements pertaining to the exercise of the law profession other than those
allowed by law." Considering the critical implications on the legal profession of the issues raised xxx xxx xxx
herein, we required the (1) Integrated Bar of the Philippines (IBP), (2) Philippine
The advertisements complained of by herein petitioner are as follows: Bar Association (PBA), (3) Philippine Lawyers' Association (PLA), (4) U.P. A. The use of the name "The Legal Clinic, Inc." gives the impression that
Womens Lawyers' Circle (WILOCI), (5) Women Lawyers Association of the respondent corporation is being operated by lawyers and that it renders legal
Annex A Philippines (WLAP), and (6) Federacion International de Abogadas (FIDA) to services.
submit their respective position papers on the controversy and, thereafter, their
memoranda. 3 The said bar associations readily responded and extended their
SECRET MARRIAGE? valuable services and cooperation of which this Court takes note with While the respondent repeatedly denies that it offers legal services to the public,
P560.00 for a valid marriage. appreciation and gratitude. the advertisements in question give the impression that respondent is offering
Info on DIVORCE. ABSENCE. legal services. The Petition in fact simply assumes this to be so, as earlier
ANNULMENT. VISA. mentioned, apparently because this (is) the effect that the advertisements have
The main issues posed for resolution before the Court are whether or not the on the reading public.
services offered by respondent, The Legal Clinic, Inc., as advertised by it
THE Please call: 521-0767 LEGAL 5217232, 5222041 CLINIC, INC. 8:30 am constitutes practice of law and, in either case, whether the same can properly be
6:00 pm 7-Flr. Victoria Bldg., UN Ave., Mla. the subject of the advertisements herein complained of. The impression created by the advertisements in question can be traced, first of
all, to the very name being used by respondent "The Legal Clinic, Inc." Such a
Annex B name, it is respectfully submitted connotes the rendering of legal services for
Before proceeding with an in-depth analysis of the merits of this case, we deem it legal problems, just like a medical clinic connotes medical services for medical
proper and enlightening to present hereunder excerpts from the respective problems. More importantly, the term "Legal Clinic" connotes lawyers, as the term
GUAM DIVORCE. position papers adopted by the aforementioned bar associations and the medical clinic connotes doctors.
memoranda submitted by them on the issues involved in this bar matter.
DON PARKINSON Furthermore, the respondent's name, as published in the advertisements subject
1. Integrated Bar of the Philippines: of the present case, appears with (the) scale(s) of justice, which all the more
an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through The reinforces the impression that it is being operated by members of the bar and
Legal Clinic beginning Monday to Friday during office hours. xxx xxx xxx that it offers legal services. In addition, the advertisements in question appear
with a picture and name of a person being represented as a lawyer from Guam,
Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext. Notwithstanding the subtle manner by which respondent endeavored to and this practically removes whatever doubt may still remain as to the nature of
Quota/Non-quota Res. & Special Retiree's Visa. Declaration of Absence. distinguish the two terms,i.e., "legal support services" vis-a-vis "legal services", the service or services being offered.
Remarriage to Filipina Fiancees. Adoption. Investment in the Phil. US/Foreign common sense would readily dictate that the same are essentially without
Visa for Filipina Spouse/Children. Call Marivic. substantial distinction. For who could deny that document search, evidence It thus becomes irrelevant whether respondent is merely offering "legal support
gathering, assistance to layman in need of basic institutional services from services" as claimed by it, or whether it offers legal services as any lawyer
THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US Embassy government or non-government agencies like birth, marriage, property, or actively engaged in law practice does. And it becomes unnecessary to make a
CLINIC, INC. 1 Tel. 521-7232; 521-7251; 522-2041; 521-0767 business registration, obtaining documents like clearance, passports, local or distinction between "legal services" and "legal support services," as the
foreign visas, constitutes practice of law? respondent would have it. The advertisements in question leave no room for
doubt in the minds of the reading public that legal services are being offered by
It is the submission of petitioner that the advertisements above reproduced are lawyers, whether true or not.
champterous, unethical, demeaning of the law profession, and destructive of the xxx xxx xxx
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 The Integrated Bar of the Philippines (IBP) does not wish to make issue with B. The advertisements in question are meant to induce the performance of acts
advertisements, hence the reliefs sought in his petition as hereinbefore quoted. respondent's foreign citations. Suffice it to state that the IBP has made its contrary to law, morals, public order and public policy.
position manifest, to wit, that it strongly opposes the view espoused by
In its answer to the petition, respondent admits the fact of publication of said respondent (to the effect that today it is alright to advertise one's legal services). It may be conceded that, as the respondent claims, the advertisements in
advertisement at its instance, but claims that it is not engaged in the practice of question are only meant to inform the general public of the services being
law but in the rendering of "legal support services" through paralegals with the The IBP accordingly declares in no uncertain terms its opposition to respondent's offered by it. Said advertisements, however, emphasize to Guam divorce, and
use of modern computers and electronic machines. Respondent further argues act of establishing a "legal clinic" and of concomitantly advertising the same any law student ought to know that under the Family Code, there is only one
that assuming that the services advertised are legal services, the act of through newspaper publications. instance when a foreign divorce is recognized, and that is:
advertising these services should be allowed supposedly
 Article 26. . . . Even if it be assumed, arguendo, (that) the "legal support services" respondent It must be emphasized, however, that some of respondent's services ought to be
offers do not constitute legal services as commonly understood, the prohibited outright, such as acts which tend to suggest or induce celebration
Where a marriage between a Filipino citizen and a foreigner is validly advertisements in question give the impression that respondent corporation is abroad of marriages which are bigamous or otherwise illegal and void under
celebrated and a divorce is thereafter validly obtained abroad by the alien being operated by lawyers and that it offers legal services, as earlier discussed. Philippine law. While respondent may not be prohibited from simply
spouse capacitating him or her to remarry, the Filipino spouse shall have Thus, the only logical consequence is that, in the eyes of an ordinary newspaper disseminating information regarding such matters, it must be required to include,
capacity to remarry under Philippine Law. reader, members of the bar themselves are encouraging or inducing the in the information given, a disclaimer that it is not authorized to practice law, that
performance of acts which are contrary to law, morals, good customs and the certain course of action may be illegal under Philippine law, that it is not
public good, thereby destroying and demeaning the integrity of the Bar. authorized or capable of rendering a legal opinion, that a lawyer should be
It must not be forgotten, too, that the Family Code (defines) a marriage as consulted before deciding on which course of action to take, and that it cannot
follows: recommend any particular lawyer without subjecting itself to possible sanctions
xxx xxx xxx
for illegal practice of law.
Article 1. Marriage is special contract of permanent union between a man and
woman entered into accordance with law for the establishment of conjugal and It is respectfully submitted that respondent should be enjoined from causing the
publication of the advertisements in question, or any other advertisements similar If respondent is allowed to advertise, advertising should be directed exclusively
family life. It is the foundation of the family and an inviolable social at members of the Bar, with a clear and unmistakable disclaimer that it is not
institution whose nature, consequences, and incidents are governed by law and thereto. It is also submitted that respondent should be prohibited from further
performing or offering some of the services it presently offers, or, at the very authorized to practice law or perform legal services.
not subject to stipulation, except that marriage settlements may fix the property
relation during the marriage within the limits provided by this Code. least, from offering such services to the public in general.
The benefits of being assisted by paralegals cannot be ignored. But nobody
The IBP is aware of the fact that providing computerized legal research, should be allowed to represent himself as a "paralegal" for profit, without such
By simply reading the questioned advertisements, it is obvious that the message term being clearly defined by rule or regulation, and without any adequate and
being conveyed is that Filipinos can avoid the legal consequences of a marriage electronic data gathering, storage and retrieval, standardized legal forms,
investigators for gathering of evidence, and like services will greatly benefit the effective means of regulating his activities. Also, law practice in a corporate form
celebrated in accordance with our law, by simply going to Guam for a divorce. may prove to be advantageous to the legal profession, but before allowance of
This is not only misleading, but encourages, or serves to induce, violation of legal profession and should not be stifled but instead encouraged. However,
when the conduct of such business by non-members of the Bar encroaches upon such practice may be considered, the corporation's Article of Incorporation and
Philippine law. At the very least, this can be considered "the dark side" of legal By-laws must conform to each and every provision of the Code of Professional
practice, where certain defects in Philippine laws are exploited for the sake of the practice of law, there can be no choice but to prohibit such business.
Responsibility and the Rules of Court. 5
profit. At worst, this is outright malpractice.
Admittedly, many of the services involved in the case at bar can be better
performed by specialists in other fields, such as computer experts, who by 2. Philippine Bar Association:
Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of
the law or at lessening confidence in the legal system. reason of their having devoted time and effort exclusively to such field cannot
fulfill the exacting requirements for admission to the Bar. To prohibit them from xxx xxx xxx.
"encroaching" upon the legal profession will deny the profession of the great
In addition, it may also be relevant to point out that advertisements such as that benefits and advantages of modern technology. Indeed, a lawyer using a
shown in Annex "A" of the Petition, which contains a cartoon of a motor vehicle Respondent asserts that it "is not engaged in the practice of law but engaged in
computer will be doing better than a lawyer using a typewriter, even if both are giving legal support services to lawyers and laymen, through experienced
with the words "Just Married" on its bumper and seems to address those (equal) in skill.
planning a "secret marriage," if not suggesting a "secret marriage," makes light of paralegals, with the use of modern computers and electronic machines" (pars. 2
the "special contract of permanent union," the inviolable social institution," which and 3, Comment). This is absurd. Unquestionably, respondent's acts of holding
is how the Family Code describes marriage, obviously to emphasize its sanctity Both the Bench and the Bar, however, should be careful not to allow or tolerate out itself to the public under the trade name "The Legal Clinic, Inc.," and soliciting
and inviolability. Worse, this particular advertisement appears to encourage the illegal practice of law in any form, not only for the protection of members of employment for its enumerated services fall within the realm of a practice which
marriages celebrated in secrecy, which is suggestive of immoral publication of the Bar but also, and more importantly, for the protection of the public. thus yields itself to the regulatory powers of the Supreme Court. For respondent
applications for a marriage license. Technological development in the profession may be encouraged without to say that it is merely engaged in paralegal work is to stretch credulity.
tolerating, but instead ensuring prevention of illegal practice. Respondent's own commercial advertisement which announces a certain Atty.
Don Parkinson to be handling the fields of law belies its pretense. From all
If the article "Rx for Legal Problems" is to be reviewed, it can readily be indications, respondent "The Legal Clinic, Inc." is offering and rendering legal
concluded that the above impressions one may gather from the advertisements There might be nothing objectionable if respondent is allowed to perform all of its
services, but only if such services are made available exclusively to members of services through its reserve of lawyers. It has been held that the practice of law is
in question are accurate. The Sharon Cuneta-Gabby Concepcion example alone not limited to the conduct of cases in court, but includes drawing of deeds,
confirms what the advertisements suggest. Here it can be seen that criminal acts the Bench and Bar. Respondent would then be offering technical assistance, not
legal services. Alternatively, the more difficult task of carefully distinguishing incorporation, rendering opinions, and advising clients as to their legal right and
are being encouraged or committed then take them to an attorney and ask the latter to look after their case in
(a bigamous marriage in Hong Kong or Las Vegas) with impunity simply because between which service may be offered to the public in general and which should
be made available exclusively to members of the Bar may be undertaken. This, court See Martin, Legal and Judicial Ethics, 1984 ed., p. 39).
the jurisdiction of Philippine courts does not extend to the place where the crime
is committed. however, may require further proceedings because of the factual considerations
involved. It is apt to recall that only natural persons can engage in the practice of law, and
such limitation cannot be evaded by a corporation employing competent lawyers
to practice for it. Obviously, this is the scheme or device by which respondent
"The Legal Clinic, Inc." holds out itself to the public and solicits employment of its Applying the test laid down by the Court in the aforecited Agrava Case, the structure and main purpose of Respondent corporation in the aforementioned
legal services. It is an odious vehicle for deception, especially so when the public activities of respondent fall squarely and are embraced in what lawyers and "Starweek" article." 9
cannot ventilate any grievance for malpractice against the business conduit. laymen equally term as "the practice of law." 7
Precisely, the limitation of practice of law to persons who have been duly 5. Women Lawyer's Association of the Philippines:
admitted as members of the Bar (Sec. 1, Rule 138, Revised Rules of Court) is to 4. U.P. Women Lawyers' Circle:
subject the members to the discipline of the Supreme Court. Although
respondent uses its business name, the persons and the lawyers who act for it Annexes "A" and "B" of the petition are clearly advertisements to solicit cases for
are subject to court discipline. The practice of law is not a profession open to all In resolving, the issues before this Honorable Court, paramount consideration the purpose of gain which, as provided for under the above cited law, (are) illegal
who wish to engage in it nor can it be assigned to another (See 5 Am. Jur. 270). should be given to the protection of the general public from the danger of being and against the Code of Professional Responsibility of lawyers in this country.
It is a personal right limited to persons who have qualified themselves under the exploited by unqualified persons or entities who may be engaged in the practice
law. It follows that not only respondent but also all the persons who are acting for of law. Annex "A" of the petition is not only illegal in that it is an advertisement to solicit
respondent are the persons engaged in unethical law practice. 6 cases, but it is illegal in that in bold letters it announces that the Legal Clinic, Inc.,
At present, becoming a lawyer requires one to take a rigorous four-year course of could work out/cause the celebration of a secret marriage which is not only illegal
3. Philippine Lawyers' Association: study on top of a four-year bachelor of arts or sciences course and then to take but immoral in this country. While it is advertised that one has to go to said
and pass the bar examinations. Only then, is a lawyer qualified to practice law. agency and pay P560 for a valid marriage it is certainly fooling the public for valid
marriages in the Philippines are solemnized only by officers authorized to do so
The Philippine Lawyers' Association's position, in answer to the issues stated under the law. And to employ an agency for said purpose of contracting marriage
herein, are wit: While the use of a paralegal is sanctioned in many jurisdiction as an aid to the
administration of justice, there are in those jurisdictions, courses of study and/or is not necessary.
standards which would qualify these paralegals to deal with the general public as
1. The Legal Clinic is engaged in the practice of law; such. While it may now be the opportune time to establish these courses of study No amount of reasoning that in the USA, Canada and other countries the trend is
and/or standards, the fact remains that at present, these do not exist in the towards allowing lawyers to advertise their special skills to enable people to
2. Such practice is unauthorized; Philippines. In the meantime, this Honorable Court may decide to make obtain from qualified practitioners legal services for their particular needs can
measures to protect the general public from being exploited by those who may justify the use of advertisements such as are the subject matter of the petition, for
3. The advertisements complained of are not only unethical, but also misleading be dealing with the general public in the guise of being "paralegals" without being one (cannot) justify an illegal act even by whatever merit the illegal act may
and patently immoral; and qualified to do so. serve. The law has yet to be amended so that such act could become justifiable.

4. The Honorable Supreme Court has the power to supress and punish the Legal In the same manner, the general public should also be protected from the We submit further that these advertisements that seem to project that secret
Clinic and its corporate officers for its unauthorized practice of law and for its dangers which may be brought about by advertising of legal services. While it marriages and divorce are possible in this country for a fee, when in fact it is not
unethical, misleading and immoral advertising. appears that lawyers are prohibited under the present Code of Professional so, are highly reprehensible.
Responsibility from advertising, it appears in the instant case that legal services
are being advertised not by lawyers but by an entity staffed by "paralegals." It would encourage people to consult this clinic about how they could go about
xxx xxx xxx Clearly, measures should be taken to protect the general public from falling prey having a secret marriage here, when it cannot nor should ever be attempted, and
to those who advertise legal services without being qualified to offer such seek advice on divorce, where in this country there is none, except under the
Respondent posits that is it not engaged in the practice of law. It claims that it services. 8 Code of Muslim Personal Laws in the Philippines. It is also against good morals
merely renders "legal support services" to answers, litigants and the general and is deceitful because it falsely represents to the public to be able to do that
public as enunciated in the Primary Purpose Clause of its Article(s) of A perusal of the questioned advertisements of Respondent, however, seems to which by our laws cannot be done (and) by our Code of Morals should not be
Incorporation. (See pages 2 to 5 of Respondent's Comment). But its advertised give the impression that information regarding validity of marriages, divorce, done.
services, as enumerated above, clearly and convincingly show that it is indeed annulment of marriage, immigration, visa extensions, declaration of absence,
engaged in law practice, albeit outside of court. adoption and foreign investment, which are in essence, legal matters , will be In the case (of) In re Taguda, 53 Phil. 37, the Supreme Court held that solicitation
given to them if they avail of its services. The Respondent's name The Legal for clients by an attorney by circulars of advertisements, is unprofessional, and
As advertised, it offers the general public its advisory services on Persons and Clinic, Inc. does not help matters. It gives the impression again that offenses of this character justify permanent elimination from the Bar. 10
Family Relations Law, particularly regarding foreign divorces, annulment of Respondent will or can cure the legal problems brought to them. Assuming that
marriages, secret marriages, absence and adoption; Immigration Laws, Respondent is, as claimed, staffed purely by paralegals, it also gives the
particularly on visa related problems, immigration problems; the Investments Law misleading impression that there are lawyers involved in The Legal Clinic, Inc., 6. Federacion Internacional de Abogados:
of the Philippines and such other related laws. as there are doctors in any medical clinic, when only "paralegals" are involved in
The Legal Clinic, Inc. xxx xxx xxx
Its advertised services unmistakably require the application of the aforesaid law,
the legal principles and procedures related thereto, the legal advices based Respondent's allegations are further belied by the very admissions of its 1.7 That entities admittedly not engaged in the practice of law, such as
thereon and which activities call for legal training, knowledge and experience. President and majority stockholder, Atty. Nogales, who gave an insight on the management consultancy firms or travel agencies, whether run by lawyers or not,
perform the services rendered by Respondent does not necessarily lead to the
conclusion that Respondent is not unlawfully practicing law. In the same vein, technical education given by our schools cannot be used by the graduates in 1.8 From the foregoing, it can be said that a person engaged in a lawful calling
however, the fact that the business of respondent (assuming it can be engaged in their business. (which may involve knowledge of the law) is not engaged in the practice of law
independently of the practice of law) involves knowledge of the law does not provided that:
necessarily make respondent guilty of unlawful practice of law. In determining whether a man is practicing law, we should consider his work for
any particular client or customer, as a whole. I can imagine defendant being (a) The legal question is subordinate and incidental to a major non-legal
. . . . Of necessity, no one . . . . acting as a consultant can render effective service engaged primarily to advise as to the law defining his client's obligations to his problem;.
unless he is familiar with such statutes and regulations. He must be careful not to employees, to guide his client's obligations to his employees, to guide his client
suggest a course of conduct which the law forbids. It seems . . . .clear that (the along the path charted by law. This, of course, would be the practice of the law. (b) The services performed are not customarily reserved to members of the bar; .
consultant's) knowledge of the law, and his use of that knowledge as a factor in But such is not the fact in the case before me. Defendant's primarily efforts are
determining what measures he shall recommend, do not constitute the practice along economic and psychological lines. The law only provides the frame within
of law . . . . It is not only presumed that all men know the law, but it is a fact that which he must work, just as the zoning code limits the kind of building the limits (c) No separate fee is charged for the legal advice or information.
most men have considerable acquaintance with broad features of the law . . . . the kind of building the architect may plan. The incidental legal advice or
Our knowledge of the law accurate or inaccurate moulds our conduct not information defendant may give, does not transform his activities into the practice All these must be considered in relation to the work for any particular client as a
only when we are acting for ourselves, but when we are serving others. Bankers, of law. Let me add that if, even as a minor feature of his work, he performed whole.
liquor dealers and laymen generally possess rather precise knowledge of the services which are customarily reserved to members of the bar, he would be
laws touching their particular business or profession. A good example is the practicing law. For instance, if as part of a welfare program, he drew employees' 1.9. If the person involved is both lawyer and non-lawyer, the Code of
architect, who must be familiar with zoning, building and fire prevention codes, wills. Professional Responsibility succintly states the rule of conduct:
factory and tenement house statutes, and who draws plans and specification in
harmony with the law. This is not practicing law. Another branch of defendant's work is the representations of the employer in the Rule 15.08 A lawyer who is engaged in another profession or occupation
adjustment of grievances and in collective bargaining, with or without a mediator. concurrently with the practice of law shall make clear to his client whether he is
But suppose the architect, asked by his client to omit a fire tower, replies that it is This is not per se the practice of law. Anyone may use an agent for negotiations acting as a lawyer or in another capacity.
required by the statute. Or the industrial relations expert cites, in support of some and may select an agent particularly skilled in the subject under discussion, and
measure that he recommends, a decision of the National Labor Relations Board. the person appointed is free to accept the employment whether or not he is a
Are they practicing law? In my opinion, they are not, provided no separate fee is member of the bar. Here, however, there may be an exception where the 1.10. In the present case. the Legal Clinic appears to render wedding services
charged for the legal advice or information, and the legal question is subordinate business turns on a question of law. Most real estate sales are negotiated by (See Annex "A" Petition). Services on routine, straightforward marriages, like
and incidental to a major non-legal problem. brokers who are not lawyers. But if the value of the land depends on a disputed securing a marriage license, and making arrangements with a priest or a judge,
right-of-way and the principal role of the negotiator is to assess the probable may not constitute practice of law. However, if the problem is as complicated as
outcome of the dispute and persuade the opposite party to the same opinion, that described in "Rx for Legal Problems" on the Sharon Cuneta-Gabby
It is largely a matter of degree and of custom. Concepcion-Richard Gomez case, then what may be involved is actually the
then it may be that only a lawyer can accept the assignment. Or if a controversy
between an employer and his men grows from differing interpretations of a practice of law. If a non-lawyer, such as the Legal Clinic, renders such services
If it were usual for one intending to erect a building on his land to engage a contract, or of a statute, it is quite likely that defendant should not handle it. But I then it is engaged in the unauthorized practice of law.
lawyer to advise him and the architect in respect to the building code and the need not reach a definite conclusion here, since the situation is not presented by
like, then an architect who performed this function would probably be the proofs. 1.11. The Legal Clinic also appears to give information on divorce, absence,
considered to be trespassing on territory reserved for licensed attorneys. annulment of marriage and visas (See Annexes "A" and "B" Petition). Purely
Likewise, if the industrial relations field had been pre-empted by lawyers, or giving informational materials may not constitute of law. The business is similar to
custom placed a lawyer always at the elbow of the lay personnel man. But this Defendant also appears to represent the employer before administrative
agencies of the federal government, especially before trial examiners of the that of a bookstore where the customer buys materials on the subject and
is not the case. The most important body of the industrial relations experts are determines on the subject and determines by himself what courses of action to
the officers and business agents of the labor unions and few of them are National Labor Relations Board. An agency of the federal government, acting by
virtue of an authority granted by the Congress, may regulate the representation take.
lawyers. Among the larger corporate employers, it has been the practice for
some years to delegate special responsibility in employee matters to a of parties before such agency. The State of New Jersey is without power to
management group chosen for their practical knowledge and skill in such interfere with such determination or to forbid representation before the agency by It is not entirely improbable, however, that aside from purely giving information,
matter, and without regard to legal thinking or lack of it. More recently, one whom the agency admits. The rules of the National Labor Relations Board the Legal Clinic's paralegals may apply the law to the particular problem of the
consultants like the defendants have the same service that the larger employers give to a party the right to appear in person, or by counsel, or by other client, and give legal advice. Such would constitute unauthorized practice of law.
get from their own specialized staff. representative. Rules and Regulations, September 11th, 1946, S. 203.31.
'Counsel' here means a licensed attorney, and ther representative' one not a It cannot be claimed that the publication of a legal text which publication of a
lawyer. In this phase of his work, defendant may lawfully do whatever the Labor legal text which purports to say what the law is amount to legal practice. And the
The handling of industrial relations is growing into a recognized profession for Board allows, even arguing questions purely legal. (Auerbacher v. Wood, 53 A.
which appropriate courses are offered by our leading universities. The court mere fact that the principles or rules stated in the text may be accepted by a
2d 800, cited in Statsky, Introduction to Paralegalism [1974], at pp. 154-156.). particular reader as a solution to his problem does not affect this. . . . . Apparently
should be very cautious about declaring [that] a widespread, well-established
method of conducting business is unlawful, or that the considerable class of men it is urged that the conjoining of these two, that is, the text and the forms, with
who customarily perform a certain function have no right to do so, or that the advice as to how the forms should be filled out, constitutes the unlawful practice
of law. But that is the situation with many approved and accepted texts. Dacey's
book is sold to the public at large. There is no personal contact or relationship A prefatory discussion on the meaning of the phrase "practice of law" becomes The practice of law is not limited to the conduct of cases on court.(Land Title
with a particular individual. Nor does there exist that relation of confidence and exigent for the proper determination of the issues raised by the petition at bar. On Abstract and Trust Co. v. Dworken , 129 Ohio St. 23, 193N. E. 650). A person is
trust so necessary to the status of attorney and client. THIS IS THE ESSENTIAL this score, we note that the clause "practice of law" has long been the subject of also considered to be in the practice of law when he:
OF LEGAL PRACTICE THE REPRESENTATION AND ADVISING OF A judicial construction and interpretation. The courts have laid down general
PARTICULAR PERSON IN A PARTICULAR SITUATION. At most the book principles and doctrines explaining the meaning and scope of the term, some of . . . . for valuable consideration engages in the business of advising person,
assumes to offer general advice on common problems, and does not purport to which we now take into account. firms, associations or corporations as to their right under the law, or appears in a
give personal advice on a specific problem peculiar to a designated or readily representative capacity as an advocate in proceedings, pending or prospective,
identified person. Similarly the defendant's publication does not purport to give Practice of law means any activity, in or out of court, which requires the before any court, commissioner, referee, board, body, committee, or commission
personal advice on a specific problem peculiar to a designated or readily application of law, legal procedures, knowledge, training and experience. To constituted by law or authorized to settle controversies and there, in such
identified person in a particular situation in their publication and sale of the engage in the practice of law is to perform those acts which are characteristic of representative capacity, performs any act or acts for the purpose of obtaining or
kits, such publication and sale did not constitutes the unlawful practice of the profession. Generally, to practice law is to give advice or render any kind of defending the rights of their clients under the law. Otherwise stated, one who, in
law . . . . There being no legal impediment under the statute to the sale of the kit, service that involves legal knowledge or skill. 12 a representative capacity, engages in the business of advising clients as to their
there was no proper basis for the injunction against defendant maintaining an rights under the law, or while so engaged performs any act or acts either in court
office for the purpose of selling to persons seeking a divorce, separation, or outside of court for that purpose, is engaged in the practice of law. (State ex.
annulment or separation agreement any printed material or writings relating to The practice of law is not limited to the conduct of cases in court. It includes legal
advice and counsel, and the preparation of legal instruments and contract by rel. Mckittrick v. C.S. Dudley and Co., 102 S. W. 2d 895, 340 Mo. 852).
matrimonial law or the prohibition in the memorandum of modification of the
judgment against defendant having an interest in any publishing house which legal rights are secured, although such matter may or may not be pending
publishing his manuscript on divorce and against his having any personal contact in a court. 13 This Court, in the case of Philippines Lawyers Association v. Agrava (105 Phil.
with any prospective purchaser. The record does fully support, however, the 173, 176-177),stated:
finding that for the change of $75 or $100 for the kit, the defendant gave legal In the practice of his profession, a licensed attorney at law generally engages in
advice in the course of personal contacts concerning particular problems which three principal types of professional activity: legal advice and instructions to The practice of law is not limited to the conduct of cases or litigation in court; it
might arise in the preparation and presentation of the purchaser's asserted clients to inform them of their rights and obligations, preparation for clients of embraces the preparation of pleadings and other papers incident to actions and
matrimonial cause of action or pursuit of other legal remedies and assistance in documents requiring knowledge of legal principles not possessed by ordinary special proceedings, the management of such actions and proceedings on behalf
the preparation of necessary documents (The injunction therefore sought to) layman, and appearance for clients before public tribunals which possess power of clients before judges and courts, and in addition, conveying. In general, all
enjoin conduct constituting the practice of law, particularly with reference to the and authority to determine rights of life, liberty, and property according to law, in advice to clients, and all action taken for them in matters connected with the law
giving of advice and counsel by the defendant relating to specific problems of order to assist in proper interpretation and enforcement of law. 14 incorporation services, assessment and condemnation services contemplating an
particular individuals in connection with a divorce, separation, annulment of appearance before a judicial body, the foreclosure of a mortgage, enforcement of
separation agreement sought and should be affirmed. (State v. Winder, 348, NYS When a person participates in the a trial and advertises himself as a lawyer, he is a creditor's claim in bankruptcy and insolvency proceedings, and conducting
2D 270 [1973], cited in Statsky, supra at p. 101.). in the practice of law. 15 One who confers with clients, advises them as to their proceedings in attachment, and in matters or estate and guardianship have been
legal rights and then takes the business to an attorney and asks the latter to look held to constitute law practice, as do the preparation and drafting of legal
1.12. Respondent, of course, states that its services are "strictly non-diagnostic, after the case in court, is also practicing law. 16 Giving advice for compensation instruments, where the work done involves the determination by the trained legal
non-advisory. "It is not controverted, however, that if the services "involve giving regarding the legal status and rights of another and the conduct with respect mind of the legal effect of facts and conditions. (5 Am. Jr. p. 262, 263).
legal advice or counselling," such would constitute practice of law (Comment, thereto constitutes a practice of law. 17 One who renders an opinion as to the
par. 6.2). It is in this light that FIDA submits that a factual inquiry may be proper interpretation of a statute, and receives pay for it, is, to that extent, Practice of law under modern conditions consists in no small part of work
necessary for the judicious disposition of this case. practicing law. 18 performed outside of any court and having no immediate relation to proceedings
in court. It embraces conveyancing, the giving of legal advice on a large variety
xxx xxx xxx In the recent case of Cayetano vs. Monsod, 19 after citing the doctrines in several of subjects and the preparation and execution of legal instruments covering an
cases, we laid down the test to determine whether certain acts constitute extensive field of business and trust relations and other affairs. Although these
"practice of law," thus: transactions may have no direct connection with court proceedings, they are
2.10. Annex "A" may be ethically objectionable in that it can give the impression always subject to become involved in litigation. They require in many aspects a
(or perpetuate the wrong notion) that there is a secret marriage. With all the high degree of legal skill, a wide experience with men and affairs, and great
solemnities, formalities and other requisites of marriages (See Articles 2, et seq., Black defines "practice of law" as: capacity for adaptation to difficult and complex situations. These customary
Family Code), no Philippine marriage can be secret. functions of an attorney or counselor at law bear an intimate relation to the
The rendition of services requiring the knowledge and the application of legal administration of justice by the courts. No valid distinction, so far as concerns the
2.11. Annex "B" may likewise be ethically objectionable. The second paragraph principles and technique to serve the interest of another with his consent. It is not question set forth in the order, can be drawn between that part of the work of the
thereof (which is not necessarily related to the first paragraph) fails to state the limited to appearing in court, or advising and assisting in the conduct of litigation, lawyer which involves appearance in court and that part which involves advice
limitation that only "paralegal services?" or "legal support services", and not legal but embraces the preparation of pleadings, and other papers incident to actions and drafting of instruments in his office. It is of importance to the welfare of the
services, are available." 11 and special proceedings, conveyancing, the preparation of legal instruments of public that these manifold customary functions be performed by persons
all kinds, and the giving of all legal advice to clients. It embraces all advice to possessed of adequate learning and skill, of sound moral character, and acting at
clients and all actions taken for them in matters connected with the law. all times under the heavy trust obligations to clients which rests upon all
attorneys. (Moran, Comments on the Rules o Court, Vol. 3 [1973 ed.], pp. 665-
666, citing In Re Opinion of the Justices [Mass], 194 N. E. 313, quoted in Rhode corporation does not represent clients in court since law practice, as the weight of the nature of the services it renders which thereby brings it within the ambit of
Is. Bar Assoc. v. Automobile Service Assoc. [R.I.] 197 A. 139, 144). of authority holds, is not limited merely giving legal advice, contract drafting and the statutory prohibitions against the advertisements which it has caused to be
so forth. published and are now assailed in this proceeding.
The practice of law, therefore, covers a wide range of activities in and out of
court. Applying the aforementioned criteria to the case at bar, we agree with the The aforesaid conclusion is further strengthened by an article published in the Further, as correctly and appropriately pointed out by the U.P. WILOCI, said
perceptive findings and observations of the aforestated bar associations that the January 13, 1991 issue of the Starweek/The Sunday Magazine of the Philippines reported facts sufficiently establish that the main purpose of respondent is to
activities of respondent, as advertised, constitute "practice of law." Star, entitled "Rx for Legal Problems," where an insight into the structure, main serve as a one-stop-shop of sorts for various legal problems wherein a client may
purpose and operations of respondent corporation was given by its own avail of legal services from simple documentation to complex litigation and
The contention of respondent that it merely offers legal support services can "proprietor," Atty. Rogelio P. Nogales: corporate undertakings. Most of these services are undoubtedly beyond the
neither be seriously considered nor sustained. Said proposition is belied by domain of paralegals, but rather, are exclusive functions of lawyers engaged in
respondent's own description of the services it has been offering, to wit: This is the kind of business that is transacted everyday at The Legal Clinic, with the practice of law. 22
offices on the seventh floor of the Victoria Building along U. N. Avenue in Manila.
Legal support services basically consists of giving ready information by trained No matter what the client's problem, and even if it is as complicated as the It should be noted that in our jurisdiction the services being offered by private
paralegals to laymen and lawyers, which are strictly non-diagnostic, non- Cuneta-Concepcion domestic situation, Atty. Nogales and his staff of lawyers, respondent which constitute practice of law cannot be performed by paralegals.
advisory, through the extensive use of computers and modern information who, like doctors are "specialists" in various fields can take care of it. The Legal Only a person duly admitted as a member of the bar, or hereafter admitted as
technology in the gathering, processing, storage, transmission and reproduction Clinic, Inc. has specialists in taxation and criminal law, medico-legal problems, such in accordance with the provisions of the Rules of Court, and who is in good
of information and communication, such as computerized legal research; labor, litigation, and family law. These specialist are backed up by a battery of and regular standing, is entitled to practice law. 23
encoding and reproduction of documents and pleadings prepared by laymen or paralegals, counsellors and attorneys.
lawyers; document search; evidence gathering; locating parties or witnesses to a Public policy requires that the practice of law be limited to those individuals found
case; fact finding investigations; and assistance to laymen in need of basic Atty. Nogales set up The Legal Clinic in 1984. Inspired by the trend in the medical duly qualified in education and character. The permissive right conferred on the
institutional services from government or non-government agencies, like birth, field toward specialization, it caters to clients who cannot afford the services of lawyers is an individual and limited privilege subject to withdrawal if he fails to
marriage, property, or business registrations; educational or employment records the big law firms. maintain proper standards of moral and professional conduct. The purpose is to
or certifications, obtaining documentation like clearances, passports, local or protect the public, the court, the client and the bar from the incompetence or
foreign visas; giving information about laws of other countries that they may find The Legal Clinic has regular and walk-in clients. "when they come, we start by dishonesty of those unlicensed to practice law and not subject to the disciplinary
useful, like foreign divorce, marriage or adoption laws that they can avail of analyzing the problem. That's what doctors do also. They ask you how you control of the court. 24
preparatory to emigration to the foreign country, and other matters that do not contracted what's bothering you, they take your temperature, they observe you
involve representation of clients in court; designing and installing computer for the symptoms and so on. That's how we operate, too. And once the problem The same rule is observed in the american jurisdiction wherefrom respondent
systems, programs, or software for the efficient management of law offices, has been categorized, then it's referred to one of our specialists. would wish to draw support for his thesis. The doctrines there also stress that the
corporate legal departments, courts and other entities engaged in dispensing or practice of law is limited to those who meet the requirements for, and have been
administering legal services. 20 admitted to, the bar, and various statutes or rules specifically so provide. 25 The
There are cases which do not, in medical terms, require surgery or follow-up
treatment. These The Legal Clinic disposes of in a matter of minutes. "Things like practice of law is not a lawful business except for members of the bar who have
While some of the services being offered by respondent corporation merely preparing a simple deed of sale or an affidavit of loss can be taken care of by our complied with all the conditions required by statute and the rules of court. Only
involve mechanical and technical knowhow, such as the installation of computer staff or, if this were a hospital the residents or the interns. We can take care of those persons are allowed to practice law who, by reason of attainments
systems and programs for the efficient management of law offices, or the these matters on a while you wait basis. Again, kung baga sa hospital, out- previously acquired through education and study, have been recognized by the
computerization of research aids and materials, these will not suffice to justify an patient, hindi kailangang ma-confine. It's just like a common cold or diarrhea," courts as possessing profound knowledge of legal science entitling them to
exception to the general rule. explains Atty. Nogales. advise, counsel with, protect, or defend the rights claims, or liabilities of their
clients, with respect to the construction, interpretation, operation and effect of
What is palpably clear is that respondent corporation gives out legal information law. 26 The justification for excluding from the practice of law those not admitted
Those cases which requires more extensive "treatment" are dealt with to the bar is found, not in the protection of the bar from competition, but in the
to laymen and lawyers. Its contention that such function is non-advisory and non- accordingly. "If you had a rich relative who died and named you her sole heir, and
diagnostic is more apparent than real. In providing information, for example, protection of the public from being advised and represented in legal matters by
you stand to inherit millions of pesos of property, we would refer you to a incompetent and unreliable persons over whom the judicial department can
about foreign laws on marriage, divorce and adoption, it strains the credulity of specialist in taxation. There would be real estate taxes and arrears which would
this Court that all the respondent corporation will simply do is look for the law, exercise little control. 27
need to be put in order, and your relative is even taxed by the state for the right
furnish a copy thereof to the client, and stop there as if it were merely a to transfer her property, and only a specialist in taxation would be properly
bookstore. With its attorneys and so called paralegals, it will necessarily have to trained to deal with the problem. Now, if there were other heirs contesting your We have to necessarily and definitely reject respondent's position that the
explain to the client the intricacies of the law and advise him or her on the proper rich relatives will, then you would need a litigator, who knows how to arrange the concept in the United States of paralegals as an occupation separate from the
course of action to be taken as may be provided for by said law. That is what its problem for presentation in court, and gather evidence to support the case. 21 law profession be adopted in this jurisdiction. Whatever may be its merits,
advertisements represent and for the which services it will consequently charge respondent cannot but be aware that this should first be a matter for judicial rules
and be paid. That activity falls squarely within the jurisprudential definition of or legislative action, and not of unilateral adoption as it has done.
"practice of law." Such a conclusion will not be altered by the fact that respondent That fact that the corporation employs paralegals to carry out its services is not
controlling. What is important is that it is engaged in the practice of law by virtue
Paralegals in the United States are trained professionals. As admitted by involved in the present proceeding,39 was held to constitute improper advertising The law list must be a reputable law list published primarily for that purpose; it
respondent, there are schools and universities there which offer studies and or solicitation. cannot be a mere supplemental feature of a paper, magazine, trade journal or
degrees in paralegal education, while there are none in the Philippines. 28 As the periodical which is published principally for other purposes. For that reason, a
concept of the "paralegals" or "legal assistant" evolved in the United States, The pertinent part of the decision therein reads: lawyer may not properly publish his brief biographical and informative data in a
standards and guidelines also evolved to protect the general public. One of the daily paper, magazine, trade journal or society program. Nor may a lawyer permit
major standards or guidelines was developed by the American Bar Association his name to be published in a law list the conduct, management or contents of
which set up Guidelines for the Approval of Legal Assistant Education Programs It is undeniable that the advertisement in question was a flagrant violation by the which are calculated or likely to deceive or injure the public or the bar, or to lower
(1973). Legislation has even been proposed to certify legal assistants. There are respondent of the ethics of his profession, it being a brazen solicitation of the dignity or standing of the profession. 43
also associations of paralegals in the United States with their own code of business from the public. Section 25 of Rule 127 expressly provides among other
professional ethics, such as the National Association of Legal Assistants, Inc. and things that "the practice of soliciting cases at law for the purpose of gain, either
personally or thru paid agents or brokers, constitutes malpractice." It is highly The use of an ordinary simple professional card is also permitted. The card may
the American Paralegal Association.29 contain only a statement of his name, the name of the law firm which he is
unethical for an attorney to advertise his talents or skill as a merchant advertises
his wares. Law is a profession and not a trade. The lawyer degrades himself and connected with, address, telephone number and special branch of law practiced.
In the Philippines, we still have a restricted concept and limited acceptance of his profession who stoops to and adopts the practices of mercantilism by The publication of a simple announcement of the opening of a law firm or of
what may be considered as paralegal service. As pointed out by FIDA, some advertising his services or offering them to the public. As a member of the bar, he changes in the partnership, associates, firm name or office address, being for the
persons not duly licensed to practice law are or have been allowed limited defiles the temple of justice with mercenary activities as the money-changers of convenience of the profession, is not objectionable. He may likewise have his
representation in behalf of another or to render legal services, but such allowable old defiled the temple of Jehovah. "The most worthy and effective advertisement name listed in a telephone directory but not under a designation of special
services are limited in scope and extent by the law, rules or regulations granting possible, even for a young lawyer, . . . . is the establishment of a well-merited branch of law. 44
permission therefor. 30 reputation for professional capacity and fidelity to trust. This cannot be forced but
must be the outcome of character and conduct." (Canon 27, Code of Ethics.). Verily, taking into consideration the nature and contents of the advertisements for
Accordingly, we have adopted the American judicial policy that, in the absence of which respondent is being taken to task, which even includes a quotation of the
constitutional or statutory authority, a person who has not been admitted as an We repeat, the canon of the profession tell us that the best advertising possible fees charged by said respondent corporation for services rendered, we find and
attorney cannot practice law for the proper administration of justice cannot be for a lawyer is a well-merited reputation for professional capacity and fidelity to so hold that the same definitely do not and conclusively cannot fall under any of
hindered by the unwarranted intrusion of an unauthorized and unskilled person trust, which must be earned as the outcome of character and conduct. Good and the above-mentioned exceptions.
into the practice of law. 31 That policy should continue to be one of encouraging efficient service to a client as well as to the community has a way of publicizing
persons who are unsure of their legal rights and remedies to seek legal itself and catching public attention. That publicity is a normal by-product of The ruling in the case of Bates, et al. vs. State Bar of Arizona, 45 which is
assistance only from persons licensed to practice law in the state. 32 effective service which is right and proper. A good and reputable lawyer needs no repeatedly invoked and constitutes the justification relied upon by respondent, is
artificial stimulus to generate it and to magnify his success. He easily sees the obviously not applicable to the case at bar. Foremost is the fact that the
Anent the issue on the validity of the questioned advertisements, the Code of difference between a normal by-product of able service and the unwholesome disciplinary rule involved in said case explicitly allows a lawyer, as an exception
Professional Responsibility provides that a lawyer in making known his legal result of propaganda. 40 to the prohibition against advertisements by lawyers, to publish a statement of
services shall use only true, honest, fair, dignified and objective information or legal fees for an initial consultation or the availability upon request of a written
statement of facts. 33 He is not supposed to use or permit the use of any false, Of course, not all types of advertising or solicitation are prohibited. The canons of schedule of fees or an estimate of the fee to be charged for the specific services.
fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement the profession enumerate exceptions to the rule against advertising or solicitation No such exception is provided for, expressly or impliedly, whether in our former
or claim regarding his qualifications or legal services. 34 Nor shall he pay or give and define the extent to which they may be undertaken. The exceptions are of Canons of Professional Ethics or the present Code of Professional
something of value to representatives of the mass media in anticipation of, or in two broad categories, namely, those which are expressly allowed and those Responsibility. Besides, even the disciplinary rule in the Bates case contains a
return for, publicity to attract legal business. 35 Prior to the adoption of the code of which are necessarily implied from the restrictions. 41 proviso that the exceptions stated therein are "not applicable in any state unless
Professional Responsibility, the Canons of Professional Ethics had also warned and until it is implemented by such authority in that state." 46 This goes to show
that lawyers should not resort to indirect advertisements for professional that an exception to the general rule, such as that being invoked by herein
employment, such as furnishing or inspiring newspaper comments, or procuring The first of such exceptions is the publication in reputable law lists, in a manner respondent, can be made only if and when the canons expressly provide for such
his photograph to be published in connection with causes in which the lawyer has consistent with the standards of conduct imposed by the canons, of brief an exception. Otherwise, the prohibition stands, as in the case at bar.
been or is engaged or concerning the manner of their conduct, the magnitude of biographical and informative data. "Such data must not be misleading and may
the interest involved, the importance of the lawyer's position, and all other like include only a statement of the lawyer's name and the names of his professional
associates; addresses, telephone numbers, cable addresses; branches of law It bears mention that in a survey conducted by the American Bar Association
self-laudation. 36 after the decision in Bates, on the attitude of the public about lawyers after
practiced; date and place of birth and admission to the bar; schools attended with
dates of graduation, degrees and other educational distinction; public or quasi- viewing television commercials, it was found that public opinion dropped
The standards of the legal profession condemn the lawyer's advertisement of his public offices; posts of honor; legal authorships; legal teaching positions; significantly 47 with respect to these characteristics of lawyers:
talents. A lawyer cannot, without violating the ethics of his profession. advertise membership and offices in bar associations and committees thereof, in legal and
his talents or skill as in a manner similar to a merchant advertising his scientific societies and legal fraternities; the fact of listings in other reputable law Trustworthy from 71% to 14%
goods. 37 The prescription against advertising of legal services or solicitation of lists; the names and addresses of references; and, with their written consent, the Professional from 71% to 14%
legal business rests on the fundamental postulate that the that the practice of law names of clients regularly represented." 42 Honest from 65% to 14%
is a profession. Thus, in the case of The Director of Religious Affairs. vs. Dignified from 45% to 14%
Estanislao R. Bayot 38 an advertisement, similar to those of respondent which are
Secondly, it is our firm belief that with the present situation of our legal and SALLY D. BONGALONTA, complainant, respondents admitted to be a faithful reproduction of the original. And it clearly
judicial systems, to allow the publication of advertisements of the kind used by vs. appears under the Memorandum of Encumbrances on aid TCT that the Notice of
respondent would only serve to aggravate what is already a deteriorating public ATTY. PABLITO M. CASTILLO and ALFONSO M. MARTIJA, respondents. Levy in favor of Bongalonta and her husband was registered and annotated in
opinion of the legal profession whose integrity has consistently been under attack said title of February 7, 1989, whereas, that in favor of Gregorio Lantin, on
lately by media and the community in general. At this point in time, it is of utmost RESOLUTION October 18, 1989. Needless to state, the notice of levy in favor of Bongalonta
importance in the face of such negative, even if unfair, criticisms at times, to and her husband is a superior lien on the said registered property of the Abuel
adopt and maintain that level of professional conduct which is beyond reproach, spouses over that of Gregorio Lantin.
and to exert all efforts to regain the high esteem formerly accorded to the legal MELO, J.:
profession. Consequently, the charge against the two respondents (i.e. representing
In a sworn letter-complaint dated February 15, 1995, addressed to the conflicting interests and abetting a scheme to frustrate the execution or
In sum, it is undoubtedly a misbehavior on the part of the lawyer, subject to Commission on Bar Discipline, National Grievance Investigation Office, satisfaction of a judgment which Bongalonta and her husband might obtain
disciplinary action, to advertise his services except in allowable instances 48 or to Integrated Bar of the Philippines, complainant Sally Bongalonta charged Pablito against the Abuel spouses) has no leg to stand on.
aid a layman in the unauthorized practice of law. 49 Considering that Atty. Rogelio M. Castillo and Alfonso M. Martija, members of the Philippine Bar, with unjust and
P. Nogales, who is the prime incorporator, major stockholder and proprietor of unethical conduct, to wit: representing conflicting interests and abetting a scheme
to frustrate the execution or satisfaction of a judgment which complainant might However, as to the fact that indeed the two respondents placed in their
The Legal Clinic, Inc. is a member of the Philippine Bar, he is hereby appearances and in their pleadings the same IBP No. "246722 dated
reprimanded, with a warning that a repetition of the same or similar acts which obtain.
1-12-88", respondent Atty. Pablito M. Castillo deserves to be SUSPENDED for
are involved in this proceeding will be dealt with more severely. using, apparently thru his negligence, the IBP official receipt number of
The letter-complaint stated that complainant filed with the Regional Trial Court of respondent Atty. Alfonso M. Martija. According to the records of the IBP National
While we deem it necessary that the question as to the legality or illegality of the Pasig, Criminal Case No. 7635-55, for estafa, against the Sps. Luisa and Office, Atty. Castillo paid P1,040.00 as his delinquent and current membership
purpose/s for which the Legal Clinic, Inc. was created should be passed upon Solomer Abuel. She also filed, a separate civil action Civil Case No. 56934, dues, on February 20, 1990, under IBP O.R. No. 2900538, after Bongalonta filed
and determined, we are constrained to refrain from lapsing into an obiter on that where she was able to obtain a writ of preliminary attachment and by virtue her complaint with the IBP Committee on Bar Discipline.
aspect since it is clearly not within the adjudicative parameters of the present thereof, a piece of real property situated in Pasig, Rizal and registered in the
proceeding which is merely administrative in nature. It is, of course, imperative name of the Sps. Abuel under TCT No. 38374 was attached. Atty. Pablito Castillo
was the counsel of the Sps. Abuel in the aforesaid criminal and civil cases. The explanation of Atty. Castillo's Cashier-Secretary by the name of Ester
that this matter be promptly determined, albeit in a different proceeding and Fraginal who alleged in her affidavit dated March 4, 1993, that it was all her fault
forum, since, under the present state of our law and jurisprudence, a corporation in placing the IBP official receipt number pertaining to Atty. Alfonso M. Martija in
cannot be organized for or engage in the practice of law in this country. This During the pendency of these cases, one Gregorio Lantin filed civil Case No. the appearance and pleadings Atty. Castillo and in failing to pay in due time the
interdiction, just like the rule against unethical advertising, cannot be subverted 58650 for collection of a sum of money based on a promissory note, also with the IBP membership dues of her employer, deserves scant consideration, for it is the
by employing some so-called paralegals supposedly rendering the alleged Pasig Regional Trial Court, against the Sps. Abuel. In the said case Gregorio bounded duty and obligation of every lawyer to see to it that he pays his IBP
support services. Lantin was represented by Atty. Alfonso Martija. In this case, the Sps. Abuel were membership dues on time, especially when he practices before the courts, as
declared in default for their failure to file the necessary responsive pleading and required by the Supreme Court.
The remedy for the apparent breach of this prohibition by respondent is the evidence ex-parte was received against them followed by a judgment by default
concern and province of the Solicitor General who can institute the rendered in favor of Gregorio Lantin. A writ of execution was, in due time, issued
and the same property previously attached by complainant was levied upon. WHEREFORE, it is respectfully recommended that Atty. Pablito M. Castillo be
corresponding quo warranto action, 50 after due ascertainment of the factual SUSPENDED from the practice of law for a period of six (6) months for using the
background and basis for the grant of respondent's corporate charter, in light of IBP Official Receipt No. of his co-respondent Atty. Alfonso M. Martija.
the putative misuse thereof. That spin-off from the instant bar matter is referred to It is further alleged that in all the pleadings filed in these three (3) aforementioned
the Solicitor General for such action as may be necessary under the cases, Atty. Pablito Castillo and Atty. Alfonso Martija placed the same address,
circumstances. the same PTR and the same IBP receipt number to wit" Permanent Light Center, The complaint against Atty. Martija is hereby DISMISSED for lack of evidence.
No. 7, 21st Avenue, Cubao, Quezon City, PTR No. 629411 dated 11-5-89 IBP No. (pp. 2-4, Resolution)

ACCORDINGLY, the Court Resolved to RESTRAIN and ENJOIN herein 246722 dated 1-12-88.
respondent, The Legal Clinic, Inc., from issuing or causing the publication or The Court agrees with the foregoing findings and recommendations. It is well to
dissemination of any advertisement in any form which is of the same or similar Thus, complainant concluded that civil Case No. 58650 filed by Gregorio Lantin stress again that the practice of law is not a right but a privilege bestowed by the
tenor and purpose as Annexes "A" and "B" of this petition, and from conducting, was merely a part of the scheme of the Sps. Abuel to frustrate the satisfaction of State on those who show that they possess, and continue to possess, the
directly or indirectly, any activity, operation or transaction proscribed by law or the the money judgment which complainant might obtain in Civil Case No. 56934. qualifications required by law for the conferment of such privilege. One of these
Code of Professional Ethics as indicated herein. Let copies of this resolution be requirements is the observance of honesty and candor. Courts are entitled to
furnished the Integrated Bar of the Philippines, the Office of the Bar Confidant expect only complete candor and honesty from the lawyers appearing and
After hearing, the IBP Board of Governors issued it Resolution with the following pleading before them. A lawyer, on the other hand, has the fundamental duty to
and the Office of the Solicitor General for appropriate action in accordance findings and recommendations:
herewith. satisfy that expectation. for this reason, he is required to swear to do no
falsehood, nor consent to the doing of any in court.
Among the several documentary exhibits submitted by Bongalonta and attached
CBD Case No. 176 January 20, 1995 to the records is a xerox copy of TCT No. 38374, which Bongalonta and the
WHEREFORE, finding respondent Atty. Pablito M. Castillo guilty committing a On 15 April 1994, Mr. Argosino filed a Petition with this Court to allow him to take an applicant for admission to the bar to possess a high moral standard therefore
falsehood in violation of his lawyer's oath and of the Code of Professional the attorney's oath of office and to admit him to the practice of law, averring that becomes clearly apparent, and the board of bar examiners as an arm of the
Responsibility, the Court Resolved to SUSPEND him from the practice of law for Judge Pedro T. Santiago had terminated his probation period by virtue of an court, is required to cause a minute examination to be made of the moral
a period of six (6) months, with a warning that commission of the same or similar Order dated 11 April 1994. We note that his probation period did not last for more standard of each candidate for admission to practice. . . . It needs no further
offense in the future will result in the imposition of a more severe penalty. A copy than ten (10) months from the time of the Order of Judge Santiago granting him argument, therefore, to arrive at the conclusion thatthe highest degree of scrutiny
of the Resolution shall be spread on the personal record of respondent in the probation dated 18 June 1993. Since then, Mr. Argosino has filed three (3) must be exercised as to the moral character of a candidate who presents himself
Office of the Bar Confidant. Motions for Early Resolution of his Petition for Admission to the Bar. for admission to the bar. The evil must, if possible, be successfully met at its very
source, and prevented, for, after a lawyer has once been admitted, and has
SO ORDERED. The practice of law is not a natural, absolute or constitutional right to be granted pursued his profession, and has established himself therein, a far more difficult
to everyone who demands it. Rather, it is a high personal privilege limited to situation is presented to the court when proceedings are instituted for disbarment
citizens of good moral character, with special educational qualifications, duly and for the recalling and annulment of his license.
ascertained and certified. 2 The essentiality of good moral character in those who
would be lawyers is stressed in the following excerpts which we quote with In Re Keenan: 6
B.M. No. 712 July 13, 1995 approval and which we regard as having persuasive effect:
The right to practice law is not one of the inherent rights of every citizen, as in the
IN THE MATTER OF THE ADMISSION TO THE BAR AND OATH-TAKING OF In Re Farmer: 3 right to carry on an ordinary trade or business. It is a peculiar privilege granted
SUCCESSFUL BAR APPLICANT AL C. ARGOSINO, petitioner. and continued only to those who demonstrate special fitness in intellectual
xxx xxx xxx attainment and in moral character. All may aspire to it on an absolutely equal
RESOLUTION basis, but not all will attain it. Elaborate machinery has been set up to test
applicants by standards fair to all and to separate the fit from the unfit. Only those
This "upright character" prescribed by the statute, as a condition precedent to the who pass the test are allowed to enter the profession, and only those who
FELICIANO, J.: applicant's right to receive a license to practice law in North Carolina, and of maintain the standards are allowed to remain in it.
which he must, in addition to other requisites, satisfy the court, includes all the
A criminal information was filed on 4 February 1992 with the Regional Trial Court elements necessary to make up such a character. It is something more than an
of Quezon City, Branch 101, charging Mr. A.C. Argosino along with thirteen (13) absence of bad character. It is the good name which the applicant has acquired, Re Rouss: 7
other individuals, with the crime of homicide in connection with the death of one or should have acquired, through association with his fellows. It means that he
Raul Camaligan on 8 September 1991. The death of Raul Camaligan stemmed must have conducted himself as a man of upright character ordinarily would, or Membership in the bar is a privilege burdened with conditions, and a fair private
from the infliction of severe physical injuries upon him in the course of "hazing" should, or does. Such character expresses itself, not in negatives nor in following and professional character is one of them; to refuse admission to an unworthy
conducted as part of university fraternity initiation rites. Mr. Argosino and his co- the line of least resistance, but quite often, in the will to do the unpleasant thing if applicant is not to punish him for past offense: an examination into character, like
accused then entered into plea bargaining with the prosecution and as a result of it is right, and the resolve not to do the pleasant thing if it is wrong. . . . the examination into learning, is merely a test of fitness.
such bargaining, pleaded guilty to the lesser offense of homicide through
reckless imprudence. This plea was accepted by the trial court. In a judgment xxx xxx xxx Cobb vs. Judge of Superior Court: 8
dated 11 February 1993, each of the fourteen (14) accused individuals was
sentenced to suffer imprisonment for a period ranging from two (2) years, four (4)
months and one (1) day to four (4) years. And we may pause to say that this requirement of the statute is eminently Attorney's are licensed because of their learning and ability, so that they may not
proper. Consider for a moment the duties of a lawyer. He is sought as counsellor, only protect the rights and interests of their clients, but be able to assist court in
and his advice comes home, in its ultimate effect, to every man's fireside. Vast the trial of the cause. Yet what protection to clients or assistance to courts could
Eleven (11) days later, Mr. Argosino and his colleagues filed an application for interests are committed to his care; he is the recipient ofunbounded trust and such agents give? They are required to be of good moral character, so that the
probation with the lower court. The application for probation was granted in an confidence; he deals with is client's property, reputation, his life, his all. An agents and officers of the court, which they are, may not bring discredit upon the
Order dated 18 June 1993 issued by Regional Trial Court Judge Pedro T. attorney at law is a sworn officer of the Court, whose chief concern, as such, is to due administration of the law, and it is of the highest possible consequence that
Santiago. The period of probation was set at two (2) years, counted from the aid the administration of justice. . . . both those who have not such qualifications in the first instance, or who, having
probationer's initial report to the probation officer assigned to supervise him. had them, have fallen therefrom, shall not be permitted to appear in courts to aid
xxx xxx xxx 4 in the administration of justice.
Less than a month later, on 13 July 1993, Mr. Argosino filed a Petition for
Admission to Take the 1993 Bar Examinations. In this Petition, he disclosed the It has also been stressed that the requirement of good moral character is, in fact,
fact of his criminal conviction and his then probation status. He was allowed to In Re Application of Kaufman, 5 citing Re Law Examination of 1926 (1926) 191
Wis 359, 210 NW 710: of greater importance so far as the general public and the proper administration
take the 1993 Bar Examinations in this Court's En Banc Resolution dated 14 of justice are concerned, than the possession of legal learning:
August 1993. 1 He passed the Bar Examination. He was not, however, allowed to
take the lawyer's oath of office. It can also be truthfully said that there exists nowhere greater temptations to
deviate from the straight and narrow path than in the multiplicity of circumstances . . . (In re Applicants for License, 55 S.E. 635, 143 N.C. 1, 10 L.R.A. [N.S.] 288,
that arise in the practice of profession. For these reasons the wisdom of requiring 10 Ann./Cas. 187):
The public policy of our state has always been to admit no person to the practice integrity, and general morality, and may no doubt refuse admission upon proofs Argosino has purged himself of the obvious deficiency in moral character referred
of the law unless he covered an upright moral character. The possession of this that might not establish his guilt of any of the acts declared to be causes for to above. We stress that good moral character is a requirement possession of
by the attorney is more important, if anything, to the public and to the proper disbarment. which must be demonstrated not only at the time of application for permission to
administration of justice than legal learning. Legal learning may be acquired in take the bar examinations but also, and more importantly, at the time of
after years, but if the applicant passes the threshold of the bar with a bad moral The requirement of good moral character to be satisfied by those who would application for admission to the bar and to take the attorney's oath of office.
character the chances are that his character will remain bad, and that he will seek admission to the bar must of necessity be more stringent than the norm of
become a disgrace instead of an ornament to his great calling a curse instead conduct expected from members of the general public. There is a very real need Mr. Argosino must, therefore, submit to this Court, for its examination and
of a benefit to his community a Quirk, a Gammon or a Snap, instead of a to prevent a general perception that entry into the legal profession is open to consideration, evidence that he may be now regarded as complying with the
Davis, a Smith or a Ruffin. 9 individuals with inadequate moral qualifications. The growth of such a perception requirement of good moral character imposed upon those seeking admission to
would signal the progressive destruction of our people's confidence in their courts the bar. His evidence may consist, inter alia, of sworn certifications from
All aspects of moral character and behavior may be inquired into in respect of of law and in our legal system as we know it. 12 responsible members of the community who have a good reputation for truth and
those seeking admission to the Bar. The scope of such inquiry is, indeed, said to who have actually known Mr. Argosino for a significant period of time, particularly
be properly broader than inquiry into the moral proceedings for disbarment: Mr. Argosino's participation in the deplorable "hazing" activities certainly fell far since the judgment of conviction was rendered by Judge Santiago. He should
short of the required standard of good moral character. The deliberate (rather show to the Court how he has tried to make up for the senseless killing of a
Re Stepsay: 10 than merely accidental or inadvertent) infliction of severe physical injuries which helpless student to the family of the deceased student and to the community at
proximately led to the death of the unfortunate Raul Camaligan, certainly large. Mr. Argosino must, in other words, submit relevant evidence to show that
indicated serious character flaws on the part of those who inflicted such injuries. he is a different person now, that he has become morally fit for admission to the
The inquiry as to the moral character of an attorney in a proceeding for his ancient and learned profession of the law.
admission to practice is broader in scope than in a disbarment proceeding. Mr. Argosino and his co-accused had failed to discharge their moral duty to
protect the life and well-being of a "neophyte" who had, by seeking admission to
the fraternity involved, reposed trust and confidence in all of them that, at the Finally, Mr. Argosino is hereby DIRECTED to inform this Court, by appropriate
Re Wells: 11 very least, he would not be beaten and kicked to death like a useless stray dog. written manifestation, of the names and addresses of the father and mother (in
Thus, participation in the prolonged and mindless physical beatings inflicted upon default thereof, brothers and sisters, if any, of Raul Camaligan), within ten (10)
. . . that an applicant's contention that upon application for admission to the Raul Camaligan constituted evident rejection of that moral duty and was totally day from notice hereof. Let a copy of this Resolution be furnished to the parents
California Bar the court cannot reject him for want of good moral character unless irresponsible behavior, which makes impossible a finding that the participant was or brothers and sisters, if any, of Raul Camaligan.
it appears that he has been guilty of acts which would be cause for his then possessed of good moral character.
disbarment or suspension, could not be sustained; that the inquiry is broader in
its scope than that in a disbarment proceeding, and the court may receive any Now that the original period of probation granted by the trial court has expired,
evidence which tends to show the applicant's character as respects honesty, the Court is prepared to considerde novo the question of whether applicant A.C.