Legal Profession

Atty. Arnold Abejaron

CAYETANO v MONSOD and condemnation services, contemplating

an appearance before judicial body, the
G.R. No. 100113. September 3, 1991 foreclosure of mortgage, enforcement of a
creditor’s claim in bankruptcy and
FACTS: insolvency proceedings, and conducting
proceedings in attachment, and in matters
In 1991, Christian Monsod was appointed by of estate and guardianship have been held
President Corazon Aquino as the Chairman to constitute law practice.
of the Commission on Elections. His
appointment was affirmed by the Atty. Monsod’s past work experiences as a
Commission on Appointments. Monsod’s lawyer-economist, a lawyer-manager, a
appointment was opposed by Renato lawyer-entrepreneur of industry, a lawyer-
Cayetano on the ground that he does not negotiator of contracts, and a lawyer-
qualify for he failed to meet the legislator of both the rich and the poor —
Constitutional requirement which provides verily more than satisfy the constitutional
that the chairman of the COMELEC should requirement — that he has been engaged in
have been engaged in the practice law for the practice of law for at least ten years.
at least ten years. The Commission on the basis of evidence
submitted during the public hearings on
Monsod’s track record as a lawyer: Monsod’s confirmation, implicitly
determined that he possessed the
1. Passed the bar in 1960 with a rating of necessary qualifications as required by law.
86.55%. The judgment rendered by the Commission
2. Immediately after passing, worked in his in the exercise of such an acknowledged
father’s law firm for one year. power is beyond judicial interference
3. Thereafter, until 1970, he went abroad except only upon a clear showing of a
where he had a degree in economics and grave abuse of discretion amounting to
held various positions in various foreign lack or excess of jurisdiction. (Art. VIII,
corporations. Sec. 1 Constitution). Thus, only where such
4. In 1970, he returned to the Philippines grave abuse of discretion is clearly shown
and held executive jobs for various local shall the Court interfere with the
corporations until 1986. Commission’s judgment. In the instant
5. In 1986, he became a member of the case, there is no occasion for the exercise
Constitutional Commission. of the Court’s corrective power, since no
abuse, much less a grave abuse of
ISSUE: discretion, that would amount to lack or
excess of jurisdiction and would warrant
the issuance of the writs prayed, for has
1. Whether or not Monsod qualifies as been clearly shown.
chairman of the COMELEC.
2. Practice of law means any activity, in or
2. What constitutes practice of law? out of court, which requires the
application of law, legal procedure,
RATIO DECIDENDI: knowledge, training and experience. “To
engage in the practice of law is to perform
1. Yes. The Supreme Court ruled that Atty. those acts which are characteristics of the
Monsod possessed the required profession. In general, a practice of law
qualification. In the case of Philippine requires a lawyer and client relationship, it
Lawyers Association vs. Agrava: The is whether in or out of court. It is to give
practice of law is not limited to the notice or render any kind of service, which 1
conduct of cases or litigation in court. In device or service requires the use in any
general, all advice to clients, and all action degree of legal knowledge or skill.
taken for them in matters connected with
the law incorporation services, assessment As noted by various authorities, the

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 Legal Profession
Atty. Arnold Abejaron

practice of law is not limited to court and must produce before the Supreme
appearances. The members of the bench Court satisfactory evidence of good moral
and bar and the informed laymen such as character, and that no charges against
businessmen, know that in most developed him, involving moral turpitude, have been
societies today, substantially more legal filed or are pending in any court in the
work is transacted in law offices than in Philippines.
the courtrooms. General practitioners of
law who do both litigation and non- Section 3. Requirements for lawyers who
litigation work also know that in most are citizens of the United States of
cases they find themselves spending more America. — Citizens of the United States of
time doing what is loosely described as America who, before July 4, 1946, were
business counseling than in trying cases. In duly licensed members of the Philippine
the course of a working day the average Bar, in active practice in the courts of the
general practitioner wig engage in a Philippines and in good and regular
number of legal tasks, each involving standing as such may, upon satisfactory
different legal doctrines, legal skills, legal proof of those facts before the Supreme
processes, legal institutions, clients, and Court, be allowed to continue such
other interested parties. Even the practice after taking the following oath of
increasing numbers of lawyers in office:
specialized practice wig usually perform at I . . . . . . . . . . . . . . . . . . . . . . . . . . .,
least some legal services outside their having been permitted to continue in the
specialty. By no means will most of this practice of law in the Philippines, do
work involve litigation, unless the lawyer is solemnly swear that I recognize the
one of the relatively rare types — a supreme authority of the Republic of the
litigator who specializes in this work to the Philippines; I will support its Constitution
exclusion of much else. Instead, the work and obey the laws as well as the legal
will require the lawyer to have mastered orders of the duly constituted authorities
the full range of traditional lawyer skills of therein; I will do no falsehood, nor consent
client counseling, advice-giving, document to the doing of any in court; I will not
drafting, and negotiation. wittingly or willingly promote or sue any
groundless, false or unlawful suit, nor give
FALLO: aid nor consent to the same; I will delay no
man for money or malice, and will conduct
The petition is DISMISSED. myself as a lawyer according to the best of
RULE 138 may knowledge and discretion with all
good fidelity as well as to the courts as to
Attorneys and Admission to Bar my clients; and I impose upon myself this
voluntary obligation without any mental
reservation or purpose of evasion. So help
me God.
Section 1. Who may practice law. — Any Section 4. Requirements for applicants
person heretofore duly admitted as a from other jurisdictions. — Applicants for
member of the bar, or hereafter admitted admission who, being Filipino citizens, are
as such in accordance with the provisions enrolled attorneys in good standing in the
of this rule, and who is in good and regular Supreme Court of the United States or in
standing, is entitled to practice law. any circuit court of appeals or district
court therein, or in the highest court of
Section 2. Requirements for all applicants
for admission to the bar. — Every applicant any State or Territory of the United States, 2
for admission as a member of the bar must and who can show by satisfactory
be a citizen of the Philippines, at least certificates that they have practiced at
twenty-one years of age, of good moral least five years in any of said courts, that
character, and resident of the Philippines; such practice began before July 4, 1946,

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 Legal Profession
Atty. Arnold Abejaron

and that they have never been suspended and certificate required by section 5, and
or disbarred, may, in the discretion of the if embraced within sections 3 and 4 they
Court, be admitted without examination. shall exhibit a license evidencing the fact
of their admission to practice, satisfactory
Section 5. Additional requirements for evidence that the same has not been
other applicants. — All applicants for revoked, and certificates as to their
admission other than those referred to in professional standing. Applicants shall also
the two preceding section shall, before file at the same time their own affidavits
being admitted to the examination, as to their age, residence, and citizenship.
satisfactorily show that they have regularly
studied law for four years, and successfully Section 8. Notice of Applications. — Notice
completed all prescribed courses, in a law of applications for admission shall be
school or university, officially approved published by the clerk of the Supreme
and recognized by the Secretary of Court in newspapers published in Pilipino,
Education. The affidavit of the candidate, English and Spanish, for at least ten (10)
accompanied by a certificate from the days before the beginning of the
university or school of law, shall be filed as examination.
evidence of such facts, and further
evidence may be required by the court. Section 9. Examination; subjects. —
Applicants, not otherwise provided for in
No applicant shall be admitted to the bar sections 3 and 4 of this rule, shall be
examinations unless he has satisfactorily subjected to examinations in the following
completed the following courses in a law subjects: Civil Law; Labor and Social
school or university duly recognized by the Legislation; Mercantile Law; Criminal Law;
government: civil law, commercial law, Political Law (Constitutional Law, Public
remedial law, criminal law, public and Corporations, and Public Officers);
private international law, political law, International Law (Private and Public);
labor and social legislation, medical Taxation; Remedial Law (Civil Procedure,
jurisprudence, taxation and legal ethics. Criminal Procedure, and Evidence); Legal
Ethics and Practical Exercises (in Pleadings
Section 6. Pre-Law. — No applicant for and Conveyancing).
admission to the bar examination shall be
admitted unless he presents a certificate Section 10. Bar examination, by questions
that he has satisfied the Secretary of and answers, and in writing. — Persons
Education that, before he began the study taking the examination shall not bring
of law, he had pursued and satisfactorily papers, books or notes into the
completed in an authorized and recognized examination rooms. The questions shall be
university or college, requiring for the same for all examinees and a copy
admission thereto the completion of a thereof, in English or Spanish, shall be
four-year high school course, the course of given to each examinee. Examinees shall
study prescribed therein for a bachelor's answer the questions personally without
degree in arts or sciences with any of the help from anyone.
following subjects as major or field of
concentration: political science, logic, Upon verified application made by an
english, spanish, history and economics. examinee stating that his penmanship is so
poor that it will be difficult to read his
Section 7. Time for filing proof of answers without much loss of time., the
qualifications. — All applicants for Supreme Court may allow such examinee
admission shall file with the clerk of the to use a typewriter in answering the
Supreme Court the evidence required by questions. Only noiseless typewriters shall
section 2 of this rule at least fifteen (15) be allowed to be used. 3
days before the beginning of the
examination. If not embraced within The committee of bar examiner shall take
section 3 and 4 of this rule they shall also such precautions as are necessary to
file within the same period the affidavit prevent the substitution of papers or

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 Legal Profession
Atty. Arnold Abejaron

commission of other frauds. Examinees determining the average, the subjects in

shall not place their names on the the examination shall be given the
examination papers. No oral examination following relative weights: Civil Law, 15
shall be given. per cent; Labor and Social Legislation, 10
per cent; Mercantile Law, 15 per cent;
Section 11. Annual examination. — Criminal Law; 10 per cent: Political and
Examinations for admission to the bar of International Law, 15 per cent; Taxation,
the Philippines shall take place annually in 10 per cent; Remedial Law, 20 per cent;
the City of Manila. They shall be held in Legal Ethics and Practical Exercises, 5 per
four days to be disignated by the chairman cent.
of the committee on bar examiners. The
subjects shall be distributed as follows: Section 15. Report of the committee;
First day: Political and International Law filing of examination papers. — Not later
(morning) and Labor and Social Legislation than February 15th after the examination,
(afternoon); Second day: Civil Law or as soon thereafter as may be
(morning) and Taxation (afternoon); Third practicable, the committee shall file its
day: Mercantile Law (morning) and report on the result of such examination.
Criminal Law (afternoon); Fourth day: The examination papers and notes of the
Remedial Law (morning) and legal Ethics committee shall be filed with the clerk and
and Practical Exercises (afternoon). may there be examined by the parties in
interest, after the court has approved the
Section 12. Committee of examiners. — report.
Examinations shall be conducted by a
committee of bar examiners to be Section 16. Failing candidates to take
appointed by the Supreme Court. This review course. — Candidates who have
committee shall be composed of a Justice failed the bar examinations for three times
of the Supreme Court, who shall act as shall be disqualified from taking another
chairman, and who shall be designated by examination unless they show the
the court to serve for one year, and eight satisfaction of the court that they have
members of the bar of the Philippines, who enrolled in and passed regular fourth year
shall hold office for a period of one year. review classes as well as attended a pre-
The names of the members of this bar review course in a recognized law
committee shall be published in each school.
volume of the official reports.
The professors of the individual review
Section 13. Disciplinary measures. — No subjects attended by the candidates under
candidate shall endeavor to influence any this rule shall certify under oath that the
member of the committee, and during candidates have regularly attended classes
examination the candidates shall not and passed the subjects under the same
communicate with each other nor shall conditions as ordinary students and the
they give or receive any assistance. The ratings obtained by them in the particular
candidate who violates this provisions, or subject.
any other provision of this rule, shall be
barred from the examination, and the Section 17. Admission and oath of
same to count as a failure against him, and successful applicants. — An applicant who
further disciplinary action, including has passed the required examination, or
permanent disqualification, may be taken has been otherwise found to be entitled to
in the discretion of the court. admission to the bar, shall take and
subscribe before the Supreme Court the
Section 14. Passing average. — In order corresponding oath of office.
that a candidate may be deemed to have 4
passed his examinations successfully, he Section 18. Certificate. — The supreme
must have obtained a general average of Court shall thereupon admit the applicant
75 per cent in all subjects, without falling as a member of the bar for all the courts of
below 50 per cent in any subjects. In the Philippines, and shall direct an order to

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 Legal Profession
Atty. Arnold Abejaron

be entered to that effect upon its records, (i) In the defense of a person accused of
and that a certificate of such record be crime, by all fair and honorable means,
given to him by the clerk of court, which regardless of his personal opinion as to the
certificate shall be his authority to guilt of the accused, to present every
practice. defense that the law permits, to the end
that no person may be deprived of life or
Section 19. Attorney's roll. — The clerk of liberty, but by due process of law.
the Supreme Court shall kept a roll of all
attorneys admitted to practice, which roll Section 21. Authority of attorney to
shall be signed by the person admitted appear. — an attorney is presumed to be
when he receives his certificate. properly authorized to represent any cause
in which he appears, and no written power
Section 20. Duties of attorneys. — It is the of attorney is required to authorize him to
duty of an attorney: appear in court for his client, but the
(a) To maintain allegiance to the Republic presiding judge may, on motion of either
of the Philippines and to support the party and on reasonable grounds therefor
Constitution and obey the laws of the being shown, require any attorney who
Philippines. assumes the right to appear in a case to
produce or prove the authority under
(b) To observe and maintain the respect which he appears, and to disclose,
due to the courts of justice and judicial whenever pertinent to any issue, the name
officers; of the person who employed him, and may
thereupon make such order as justice
(c) To counsel or maintain such actions or requires. An attorneys wilfully appear in
proceedings only as appear to him to be court for a person without being employed,
just, and such defenses only as he believes unless by leave of the court, may be
to be honestly debatable under the law. punished for contempt as an officer of the
court who has misbehaved in his official
(d) To employ, for the purpose of
transactions.
maintaining the causes confided to him,
such means only as are consistent with Section 22. Attorney who appears in lower
truth and honor, and never seek to mislead court presumed to represent client on
the judge or any judicial officer by an appeal. — An attorney who appears de
artifice or false statement of fact or law; parte in a case before a lower court shall
be presumed to continue representing his
(e) To maintain inviolate the confidence,
client on appeal, unless he files a formal
and at every peril to himself, to preserve
petition withdrawing his appearance in the
the secrets of his client, and to accept no
appellate court.
compensation in connection with his
client's business except from him or with Section 23. Authority of attorneys to bind
his knowledge and approval; clients. — Attorneys have authority to bind
their clients in any case by any agreement
(f) To abstain from all offensive personality
in relation thereto made in writing, and in
and to advance no fact prejudicial to the
taking appeals, and in all matters of
honor or reputation of a party or witness,
ordinary judicial procedure. But they
unless required by the justice of the cause
cannot, without special authority,
with which he is charged;
compromise their client's litigation, or
(g) Not to encourage either the receive anything in discharge of a client's
commencement or the continuance of an claim but the full amount in cash.
action or proceeding, or delay any man's 5
Section 24. Compensation of attorneys;
cause, from any corrupt motive or interest;
agreement as to fees. — An attorney shall
(h) Never to reject, for any consideration be entitled to have and recover from his
personal to himself, the cause of the client no more than a reasonable
defenseless or oppressed; compensation for his services, with a view

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Atty. Arnold Abejaron

to the importance of the subject matter of in the case wherein his services had been
the controversy, the extent of the services retained by the client.
rendered, and the professional standing of
the attorney. No court shall be bound by Section 27. Attorneys removed or
the opinion of attorneys as expert suspended by Supreme Court on what
witnesses as to the proper compensation, grounds. — A member of the bar may be
but may disregard such testimony and base removed or suspended from his office as
its conclusion on its own professional attorney by the Supreme Court for any
knowledge. A written contract for services deceit, malpractice, or other gross
shall control the amount to be paid misconduct in such office, grossly immoral
therefor unless found by the court to be conduct, or by reason of his conviction of a
unconscionable or unreasonable. crime involving moral turpitude, or for any
violation of the oath which he is required
Section 25. Unlawful retention of client's to take before the admission to practice,
funds; contempt. — When an attorney or for a wilfull disobedience of any lawful
unjustly retains in his hands money of his order of a superior court, or for corruptly
client after it has been demanded, he may or willful appearing as an attorney for a
be punished for contempt as an officer of party to a case without authority so to do.
the Court who has misbehaved in his The practice of soliciting cases at law for
official transactions; but proceedings under the purpose of gain, either personally or
this section shall not be a bar to a criminal through paid agents or brokers, constitutes
prosecution. malpractice.

Section 26. Change of attorneys. — An Section 28. Suspension of attorney by the

attorney may retire at any time from any Court of Appeals or a Court of First
action or special proceeding, by the Instance. — The Court of Appeals or a
written consent of his client filed in court. Court of First Instance may suspend an
He may also retire at any time from an attorney from practice for any of the
action or special proceeding, without the causes named in the last preceding
consent of his client, should the court, on section, and after such suspension such
notice to the client and attorney, and on attorney shall not practice his profession
hearing, determine that he ought to be until further action of the Supreme Court
allowed to retire. In case of substitution, in the premises.
the name of the attorney newly employed
shall be entered on the docket of the court Section 29. Upon suspension by the Court
in place of the former one, and written of Appeals or Court of First Instance,
notice of the change shall be given to the further proceedings in Supreme Court. —
advance party. Upon such suspension, the Court of Appeals
or the Court of First Instance shall
A client may at any time dismiss his forthwith transmit to the Supreme Court a
attorney or substitute another in his place, certified copy of the order of suspension
but if the contract between client and and a full statement of the facts upon
attorney has been reduced to writing and which the same was based. Upon the
the dismissal of the attorney was without receipt of such certified copy and
justifiable cause, he shall be entitled to statement, the Supreme Court shall make a
recover from the client the full full investigation of the facts involved and
compensation stipulated in the contract. make such order revoking or extending the
However, the attorney may, in the suspension, or removing the attorney from
discretion of the court, intervene in the his office as such, as the facts warrant.
case to protect his rights. For the payment 6
of his compensation the attorney shall Section 30. Attorney to be heard before
have a lien upon all judgments for the removal or suspension. — No attorney shall
payment of money, and executions issued be removed or suspended from the
in pursuance of such judgment, rendered practice of his profession, until he has had
full opportunity upon reasonable notice to

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Atty. Arnold Abejaron

answer the charges against him, to produce party may conduct his litigation personally
witnesses in his own behalf, and to be or by aid of an attorney, and his
heard by himself or counsel. But if upon appearance must be either personal or by a
reasonable notice he fails to appear and duly authorized member of the bar.
answer the accusation, the court may
proceed to determine the matter ex parte. Section 35. Certain attorneys not to
practice. — No judge or other official or
Section 31. Attorneys for destitute employee of the superior courts or of the
litigants. — A court may assign an attorney Office of the Solicitor General, shall
to render professional aid free of charge to engage in private practice as a member of
any party in a case, if upon investigation it the bar or give professional advice to
appears that the party is destitute and clients.
unable to employ an attorney, and that the
services of counsel are necessary to secure Section 36. Amicus Curiae. — Experienced
the ends of justice and to protect the and impartial attorneys may be invited by
rights of the party. It shall be the duty of the Court to appear as amici curiae to help
the attorney so assigned to render the in the disposition of issues submitted to it.
required service, unless he is excused Section 37. Attorneys' liens. — An attorney
therefrom by the court for sufficient cause shall have a lien upon the funds,
shown. documents and papers of his client which
Section 32. Compensation for attorneys de have lawfully come into his possession and
oficio. — Subject to availability of funds as may retain the same until his lawful fees
may be provided by the law the court may, and disbursements have been paid, and
in its discretion, order an attorney may apply such funds to the satisfaction
employed as counsel de oficio to be thereof. He shall also have a lien to the
compensates in such sum as the court may same extent upon all judgments for the
fix in accordance with section 24 of this payment of money, and executions issued
rule. Whenever such compensation is in pursuance of such judgments, which he
allowed, it shall be not less than thirty has secured in a litigation of his client,
pesos (P30) in any case, nor more than the from and after the time when he shall have
following amounts: (1) Fifty pesos (P50) in the caused a statement of his claim of such
light felonies; (2) One hundred pesos lien to be entered upon the records of the
(P100) in less grave felonies; (3) Two court rendering such judgment, or issuing
hundred pesos (P200) in grave felonies such execution, and shall have the caused
other than capital offenses; (4) Five written notice thereof to be delivered to
Hundred pesos (P500) in capital offenses. his client and to the adverse paty; and he
shall have the same right and power over
Section 33. Standing in court of person such judgments and executions as his
authorized to appear for Government. — client would have to enforce his lien and
Any official or other person appointed or secure the payment of his just fees and
designated in accordance with law to disbursements.
appear for the Government of the
Philippines shall have all the rights of a RULE 138-A
duly authorized member of the bar to Law Student Practice Rule
appear in any case in which said
government has an interest direct or Section 1. Conditions for student
indirect. practice. — A law student who has
successfully completed his 3rd year of the
Section 34. By whom litigation conducted. regular four-year prescribed law
— In the court of a justice of the peace a 7
curriculum and is enrolled in a recognized
party may conduct his litigation in person, law school's clinical legal education
with the aid of an agent or friend program approved by the Supreme Court,
appointed by him for the purpose, or with may appear without compensation in any
the aid an attorney. In any other court, a

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Atty. Arnold Abejaron

civil, criminal or administrative case unsuccessful candidates who obtained

before any trial court, tribunal, board or averages of a few percentage lower than
officer, to represent indigent clients those admitted to the Bar agitated in
accepted by the legal clinic of the law Congress for, and secured in 1951 the
school. passage of Senate Bill No. 12 which, among
others, reduced the passing general
Section 2. Appearance. — The appearance average in bar examinations to 70 per cent
of the law student authorized by this rule, effective since 1946.
shall be under the direct supervision and
control of a member of the Integrated Bar The President requested the views of the
of the Philippines duly accredited by the court on the bill. Complying with that
law school. Any and all pleadings, motions, request, seven members of the court
briefs, memoranda or other papers to be subscribed to and submitted written
filed, must be signed by the supervising comments adverse thereto, and shortly
attorney for and in behalf of the legal thereafter the President vetoed it.
clinic. Congress did not override the veto.
Section 3. Privileged communications. — Instead, it approved Senate Bill No. 371
The Rules safeguarding privileged which is an Act to fix the passing marks for
communications between attorney and bar examinations from nineteen hundred
client shall apply to similar and forty-six up to and including nineteen
communications made to or received by Hundred and fifty-five, embodying
the law student, acting for the legal clinic. substantially the provisions of the vetoed
bill.
Section 4. Standards of conduct and
supervision. — The law student shall Republic Act 972 has for its object,
comply with the standards of professional according to its author, to admit to the Bar
conduct governing members of the Bar. those candidates who suffered from
Failure of an attorney to provide adequate insufficiency of reading materials and
supervision of student practice may be a inadequate preparations. By and large, the
ground for disciplinary action. (Circular No. law is contrary to public interest since it
19, dated December 19, 1986). qualifies 1,094 law graduates who had
inadequate preparation for the practice of
IN RE CUNANAN law profession, as evidenced by their
94 PHIL. 534, MARCH 18, 1954 failure in the exams.
FACTS
After its approval, many of the
unsuccessful postwar candidates filed
Congress passed Rep. Act No. 972, or what
petitions for admission to the bar invoking
is known as the Bar Flunkers Act, in 1952.
its provisions, while others whose motions
Under the Rules of Court governing
for the revision of their examination
admission to the bar, "in order that a
papers were still pending also invoked the
candidate (for admission to the Bar) may
aforesaid law as an additional ground for
be deemed to have passed his
admission. To avoid injustice to individual
examinations successfully, he must have
petitioners, the court first reviewed the
obtained a general average of 75 per cent
motions for reconsideration, irrespective of
in all subjects, without falling below 50 per
whether or not they had invoked Republic
cent in any subject."(Rule 127, sec. 14,
Act No. 972. Unfortunately, the court has
Rules of Court).
found no reason to revise their grades. If
they are to be admitted to the bar, it must
Believing themselves as fully qualified to 8
be pursuant to Republic Act No. 972 which,
practice law as those reconsidered and
if declared valid, should be applied equally
passed by this court, and feeling conscious
to all concerned whether they have filed
of having been discriminated against (See
petitions or not.
Explanatory Note to R. A. No. 972),

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 Legal Profession
Atty. Arnold Abejaron

minimum.) 4. It is a class legislation 5. Art.

ISSUE 2 of R.A. 972 is not embraced in the title
of the law, contrary to what the
Whether or Not RA No. 972 is constitutional constitution enjoins, and being inseparable
and valid. from the provisions of art. 1, the entire
law is void.
HELD
Republic Act Number 972 is held to be
RA No. 972 has for its object, according to unconstitutional.
its author, to admit to the Bar, those
candidates who suffered from insufficiency
of reading materials and inadequate
preparation.

In the judicial system from which ours has

been evolved, the admission, suspension,
disbarment and reinstatement of attorneys
at law in the practice of the profession and
their supervision have been indisputably a
judicial function and responsibility. We
have said that in the judicial system from
which ours has been derived, the
admission, suspension, disbarment or
reinstatement of attorneys at law in the
practice of the profession is concededly
judicial.

On this matter, there is certainly a clear

distinction between the functions of the
judicial and legislative departments of the
government.

It is obvious, therefore, that the ultimate

power to grant license for the practice of
law belongs exclusively to this Court, and
the law passed by Congress on the matter
is of permissive character, or as other
authorities may say, merely to fix the
minimum conditions for the license.

Reasons for Unconstitutionality: 1. There

was a manifest encroachment on the
constitutional responsibility of the
Supreme Court. 2. It is in effect a
judgment revoking the resolution of the
court, and only the S.C. may revise or alter
them, in attempting to do so R.A. 972
violated the Constitution. 3. That congress
has exceeded its power to repeal, alter,
9
and supplement the rules on admission to
the bar (since the rules made by congress
must elevate the profession, and those
rules promulgated are considered the bare

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LEGAL PROFESSION Case Digest
ADMISSION TO PRACTICE Jamaica Hechanova | 1-Wigmore
(3) IN THE MATTER OF INTEGRATION OF THE IBP The term "Bar" refers to the collectivity of all persons
JANUARY 9, 1973 whose names appear in the Roll of Attorneys.

FACTS: This Resolution is anchored on the petition in Bar integration, therefore, signifies the setting up by
Administrative Case No. 526 praying the Court to order the Government authority of a national organization of the legal
integration of the Philippine Bar. Since then, the Court has profession based on the recognition of the lawyer as an officer
observed and followed significant developments relative to the of the court.
matter of the integration of the Bar in this jurisdiction.
The purposes of an integrated Bar, in general, are: (1)
[September 1971] Congress passed House Bill No. Assist in the administration of justice; (2) Foster and maintain
3277 entitled ―An Act Providing for the Integration of the on the part of its members high ideals of integrity, learning,
Philippine Bar, and Appropriating Funds Therefor‖ which professional competence, public service and conduct; (3)
Section 1 thereof provides that: Within two years from the Safeguard the professional interests of its members; (4)
approval of this Act, the Supreme Court may adopt rules of Cultivate among its members a spirit of cordiality and
court to effect the integration of the Philippine Bar under such brotherhood; (5) Provide a forum for the discussion of law,
conditions as it shall see fit in order to raise the standards of jurisprudence, law reform, pleading, practice and procedure,
the legal profession, improve the administration of justice, and and the relations of the Bar to the Bench and to the public, and
enable the Bar to discharge its public responsibility more publish information relating thereto; (6) Encourage and foster
effectively. legal education; (7) Promote a continuing program of legal
research in substantive and adjective law, and make reports
In connection to this, the Report of the Commission
and recommendations thereon; and (8) Enable the Bar to
abounds with argument on the constitutionality of Bar
discharge its public responsibility effectively.
integration and contains all necessary factual data bearing on
the advisability (practicability and necessity) of Bar integration. The Court then, with its power to integrate the
Also embodied therein are the views, opinions, sentiments, Philippines Bar under Article VIII, Sec,13 of the Constitution,
comments and observations of the rank and file of the approvingly quotes the pertinent discussion made by the
Philippine lawyer population relative to Bar integration, as well Commission of Bar Integration in its Report upholding the
as a proposed integration Court Rule drafted by the integration of the Bar’s constitutionality:
Commission and presented to them by that body in a national
Bar plebiscite. There is thus sufficient basis as well as ample Judicial Pronouncements The judicial
material upon which the Court may decide whether or not to pronouncements support this reasoning: — Courts have
integrate the Philippine Bar at this time. inherent power to supervise and regulate the practice of law.
— The practice of law is not a vested right but a privilege; a
ISSUE: privilege, moreover, clothed with public interest, because a
lawyer owes duties not only to his client, but also to his
1. Would the integration of the Bar be constitutional?
brethren in the profession, to the courts, and to the nation; and
RULING: takes part in one of the most important functions of the State,
the administration of justice, as an officer of the court. —
Yes, its constitutionality hinges in the effect of Bar Because the practice of law is privilege clothed with public
integration on the lawyer’s constitutional rights of freedom of interest, it is far and just that the exercise of that privilege be
association and freedom of speech, and on the nature of the regulated to assure compliance with the lawyer's public
dues exacted from him. responsibilities. — These public responsibilities can best be
discharged through collective action; but there can be no
To solve this, the Court first defined the concept of collective action without an organized body; no organized
Bar integration as stated in the Report given by the body can operate effectively without incurring expenses;
Commission on Bar Integration: Integration of the Philippine therefore, it is fair and just that all attorneys be required to
Bar means the official unification of the entire lawyer contribute to the support of such organized body; and, given
population of the Philippines. This requires membership and existing Bar conditions, the most efficient means of doing so is
financial support (in reasonable amount) of every attorney as by integrating the Bar through a rule of court that requires all
conditions sine qua non to the practice of law and the lawyers to pay annual dues to the Integrated Bar.
retention of his name in the Roll of Attorneys of the Supreme
Court.
LEGAL PROFESSION Case Digest
ADMISSION TO PRACTICE Jamaica Hechanova | 1-Wigmore
Freedom of Association To compel a lawyer to be a Freedom of Speech A lawyer is free, as he has always
member of an integrated Bar is not violative of his been, to voice his views on any subject in any manner he
constitutional freedom to associate (or the corollary right not wishes, even though such views be opposed to positions taken
to associate). Integration does not make a lawyer a member of by the Unified Bar. For the Integrated Bar to use a member's
any group of which he is not already a member. He became a due to promote measures to which said member is opposed,
member of the Bar when he passed the Bar examinations. All would not nullify or adversely affect his freedom of speech.
that integration actually does is to provide an official national Since a State may constitutionally condition the right to
organization for the well-defined but unorganized and practice law upon membership in the Integrated Bar, it is
incohesive group of which every lawyer is already a member. difficult to understand why it should become unconstitutional
Bar integration does not compel the lawyer to associate with for the Bar to use the member's dues to fulfill the very
anyone. He is free to attend or not attend the meetings of his purposes for which it was established. The objection would
Integrated Bar Chapter or vote or refuse to vote in its elections make every Governmental exaction the material of a "free
as he chooses. The body compulsion to which he is subjected is speech" issue. Even the income tax would be suspect. The
the payment of annual dues. Otherwise stated, membership in objection would carry us to lengths that have never been
the Unified Bar imposes only the duty to pay dues in dreamed of. The conscientious objector, if his liberties were to
reasonable amount. The issue therefore, is a question of be thus extended, might refuse to contribute taxes in
compelled financial support of group activities, not involuntary furtherance of war or of any other end condemned by his
membership in any other aspect. The greater part of Unified conscience as irreligious or immoral. The right of private
Bar activities serves the function of elevating the educational judgment has never yet been exalted above the powers and
and ethical standards of the Bar to the end of improving the the compulsion of the agencies of Government.
quality of the legal service available to the people. The
Supreme Court, in order to further the State's legitimate Fair to All Lawyers Bar integration is not unfair to
interest in elevating the quality of professional services, may lawyers already practising because although the requirement
require that the cost of improving the profession in this fashion to pay annual dues is a new regulation, it will give the members
be shared by the subjects and beneficiaries of the regulatory of the Bar a new system which they hitherto have not had and
program — the lawyers. Assuming that Bar integration does through which, by proper work, they will receive benefits they
compel a lawyer to be a member of the Integrated Bar, such have not heretofore enjoyed, and discharge their public
compulsion is justified as an exercise of the police power of the responsibilities in a more effective manner than they have been
State. The legal profession has long been regarded as a proper able to do in the past. Because the requirement to pay dues is
subject of legislative regulation and control. Moreover, the a valid exercise of regulatory power by the Court, because it
inherent power of the Supreme Court to regulate the Bar will apply equally to all lawyers, young and old, at the time Bar
includes the authority to integrate the Bar. integration takes effect, and because it is a new regulation in
exchange for new benefits, it is not retroactive, it is not
Regulatory Fee For the Court to prescribe dues to be unequal, it is not unfair.
paid by the members does not mean that the Court levies a
tax. A membership fee in the Integrated Bar is an exaction for With these, the Court then ordains the integration of
regulation, while the purpose of a tax is revenue. If the Court the Bar with a proper assessment of its practicability and
has inherent power to regulate the Bar, it follows that as an advisability. It is fully convinced, after a thoroughgoing
incident to regulation, it may impose a membership fee for that conscientious study of all the arguments adduced in Adm. Case
purpose. It would not be possible to push through an No. 526 and the authoritative materials and the mass of factual
Integrated Bar program without means to defray the data contained in the exhaustive Report of the Commission on
concomitant expenses. The doctrine of implied powers Bar Integration, that the integration of the Philippine Bar is
necessarily includes the power to impose such an exaction. The "perfectly constitutional and legally unobjectionable," within
only limitation upon the State's power to regulate the Bar is the context of contemporary conditions in the Philippines, has
that the regulation does not impose an unconstitutional become an imperative means to raise the standards of the
burden. The public interest promoted by the integration of the legal profession, improve the administration of justice, and
Bar far outweighs the inconsequential inconvenience to a enable the Bar to discharge its public responsibility fully and
member that might result from his required payment of annual effectively.
dues.
LEGAL PROFESSION Case Digest
ADMISSION TO PRACTICE Jamaica Hechanova | 1-Wigmore
(4) PETITION FOR LEAVE TO RESUME PRACTICE OF LAW Generally, the Constitution provides that the practice
BAR MATTER 1678 of all professions in the Philippines shall be limited to Filipino
December 17, 2007 citizens save in cases prescribed by law. Since Filipino
citizenship is a requirement for admission to the bar, loss
FACTS: Petitioner Benjamin M. Dacanay was admitted to the
thereof terminates membership in the Philippine bar and,
Philippine bar in March 1960. He practiced law until he
consequently, the privilege to engage in the practice of law.
migrated to Canada in December 1998 to seek medical
The practice of law is a privilege denied to foreigners.
attention for his ailments. He subsequently applied for
Canadian citizenship to avail of Canada’s free medical aid The exception is when Filipino citizenship is lost by
program. His application was approved and he became a reason of naturalization as a citizen of another country but
Canadian citizen in May 2004. subsequently reacquired pursuant to RA 9225. This is because
"all Philippine citizens who become citizens of another country
On July 14, 2006, pursuant to Republic Act (RA) 9225
shall be deemed not to have lost their Philippine citizenship
(Citizenship Retention and Re-Acquisition Act of 2003),
under the conditions of [RA 9225]." Therefore, a Filipino lawyer
petitioner reacquired his Philippine citizenship. On that day, he
who becomes a citizen of another country is deemed never to
took his oath of allegiance as a Filipino citizen before the
have lost his Philippine citizenship if he reacquires it in
Philippine Consulate General in Toronto, Canada. Thereafter, he
accordance with RA 9225.
returned to the Philippines and now intends to resume his law
practice. Although he is also deemed never to have terminated
his membership in the Philippine bar, no automatic right to
ISSUE: W/N petitioner lost his membership in the Philippine bar
resume law practice accrues.
when he gave up his Philippine citizenship in May 2004
Under RA 9225, if a person intends to practice the
RULING: No, petitioner who has lost his citizenship but
legal profession in the Philippines and he reacquires his Filipino
subsequently reacquired it thereafter did not lost his
citizenship pursuant to its provisions "(he) shall apply with the
membership in the Philippine bar provided that he comply with
proper authority for a license or permit to engage in such
certain conditions and submit proof of such compliance to the
practice." Stated otherwise, before a lawyer who reacquires
Bar Confidant, after which he may take his oath as a member of
Filipino citizenship pursuant to RA 9225 can resume his law
the Philippine Bar.
practice, he must first secure from this Court the authority to
The Court approved with modifications the do so, conditioned on: (a) the updating and payment in full of
recommendation of the Office of the Bar Confidant citing the annual membership dues in the IBP; (b) the payment of
Section 2, Rule 138 (Attorneys and Admission to Bar) of the professional tax; (c) the completion of at least 36 credit hours
Rules of Court: Every applicant for admission as a member of of mandatory continuing legal education; this is specially
the bar must be a citizen of the Philippines, at least twenty-one significant to refresh the applicant/petitioner’s knowledge of
years of age, of good moral character, and a resident of the Philippine laws and update him of legal developments and (d)
Philippines; and must produce before the Supreme Court the retaking of the lawyer’s oath which will not only remind
satisfactory evidence of good moral character, and that no him of his duties and responsibilities as a lawyer and as an
charges against him, involving moral turpitude, have been filed officer of the Court, but also renew his pledge to maintain
or are pending in any court in the Philippines. allegiance to the Republic of the Philippines. Compliance with
these conditions will restore his good standing as a member of
Additionally, Section 1, Rule 138 of the Rules of Court the Philippine bar.
provides: Who may practice law. – Any person heretofore duly
admitted as a member of the bar, or thereafter admitted as Hence, the petition is GRANTED. Petitioner, however,
such in accordance with the provisions of this Rule, and who is must first comply the conditions and submit a proof of
in good and regular standing, is entitled to practice law. compliance thereof to the Bar Confidant.

Pursuant thereto, any person admitted as a member

of the Philippine bar in accordance with the statutory
requirements and who is in good and regular standing is
entitled to practice law.
LEGAL PROFESSION Case Digest
ADMISSION TO PRACTICE Jamaica Hechanova | 1-Wigmore
(5) APPLICATION FOR ADMISSION TO THE PHILIPPINE BAR In this connection, Ching invoked special
BAR MATTER 914 circumstances (i.e., his continuous and uninterrupted stay in the
OCTOBER 1, 1999 Philippines and his being a certified public accountant, a
registered voter and a former elected public official) by which
FACTS: Vicente D. Ching, the legitimate son of the spouses Tat
may constitute an informal election of citizenship. He relied on
Ching, a Chinese citizen, and Prescila A. Dulay, a Filipino, was
the ruling in In re: Florencio Mallare whom was granted
born in Francia West, Tubao, La Union on 11 April 1964. Since
citizenship by the Court Philippine citizenship by exercising the
his birth, Ching has resided in the Philippines.
right of suffrage.
On July 17, 1988, Ching filed an application to take
The Court ruled, however, that these cannot vest him
the 1988 Bar Examinations. He was allowed to take the Bar
Philippine citizenship as the law specifically lays down the
Exam, subject to the condition that he must submit to the
requirements for acquisition of Philippine citizenship by
Court proof of his Philippine citizenship. In compliance thereof,
election and that the facts and circumstances obtaining therein
Ching submitted a certification that he is a CPA, a voter
are very different from those in the present case, thus, negating
certification, and a certification showing that he is a registered
its applicability as (1) Mallare was born before the effectivity of
voter in La Union, and a certification that he is an SB Member
the 1935 Constitution and the enactment of C.A. No. 625.
in that place during the 1992 elections.
Hence, the requirements and procedures prescribed under the
On 5 April 1999, the results of the 1998 Bar 1935 Constitution and C.A. No. 625 for electing Philippine
Examinations were released and Ching was one of the citizenship would not be applicable to him and (2) the ruling in
successful Bar examinees. However, because of the Mallare was an obiter since, as correctly pointed out by the
questionable status of Ching's citizenship, he was not allowed OSG, it was not necessary for Esteban Mallare to elect
to take his oath. He was required to submit further proof of his Philippine citizenship because he was already a Filipino, he
citizenship. being a natural child of a Filipino mother.

The OSG filed a comment stating that since Ching is Philippine citizenship can never be treated like a
the legitimate child of a Chinese father and a Filipino mother commodity that can be claimed when needed and suppressed
born under the 1935 Constitution, he is a Chinese citizen and when convenient. One who is privileged to elect Philippine
continues to be so unless upon reaching the age of majority, citizenship has only an inchoate right to such citizenship. As
he elected Philippine citizenship in strict compliance with the such, he should avail of the right with fervor, enthusiasm and
provisions of CA No. 625. Moreover, the term ―upon reaching promptitude. Sadly, in this case, Ching slept on his opportunity
the age of majority‖ is construed to mean a reasonable time to elect Philippine citizenship and, as a result. this golden
after reaching the age of majority which had been interpreted privilege slipped away from his grasp.
by the Secretary of Justice to be three (3) years. Said period
Hence, petition is DENIED.
may be extended under certain circumstances, as when a
person concerned has always considered himself a Filipino.

On 27 July 1999 (after Bar Exam results) Ching filed a

Manifestation, attaching therewith his Affidavit of Election of
Philippine Citizenship and his Oath of Allegiance, both dated
15 July 1999.

ISSUE: W/N Ching can be admitted to the Bar

RULING: No, Ching cannot be admitted to the Bar.

Although Ching has already elected Philippine

citizenship on July 27, 1999, he was already 35 years old when
he complied with the requirements of CA No.625 or over
fourteen (14) years after he have reached the age of majority.
Based on the interpretation of the phrase "upon reaching the
age of majority," Ching's election was clearly beyond the
allowable period within which to exercise the privilege.
 Legal Profession
Atty. Arnold Abejaron

IN THE MATTER OF THE ADMISSION TO THE

BAR AND OATH-TAKING OF SUCCESSFUL BAR The requirement of good moral character to be
APPLICANT AL C. ARGOSINO, AL C. ARGOSINO, satisfied by those who would seek admission to
petitioner. In Re: Al C. Argosino the bar must of necessity be more stringent
246 SCRA 14 | Bar Matter No. 712 than the norm of conduct expected from
July 13, 1995 members of the general public. There is a very
real need to prevent a general perception that
entry into the legal profession is open to
FACTS: individuals with inadequate moral
qualifications. The growth of such a perception
On February 4, 1992 ,Argosino, together with would signal the progressive destruction of our
13 others, was charged with the crime of people’s confidence in their courts of law and
homicide in connection with the death of one in our legal system as we know it.
Raul Camaligan. The death of Camaligan
Mr. Argosino’s participation in the prolonged
stemmed from the affliction of severe physical and mindless physical beatings inflicted upon
injuries upon him in course of "hazing" Raul Camaligan constituted evident rejection of
conducted as part of the university fraternity that moral duty and was totally irresponsible
initiation rites. On February 11, 1993, the behavior, which makes impossible a finding
accused were consequently sentenced to suffer that the participant was then possessed of good
imprisonment for a period ranging from two (2) moral character.
years, four (4) months and one (1) day to four
We stress that good moral character is a
(4) years. requirement possession of which must be
demonstrated not only at the time of
Eleven (11) days later, Mr. Argosino and his application for permission to take the bar
colleagues filed an application for probation examinations but also, and more importantly,
with the lower court. The application was at the time of application for admission to the
granted on June 18 1993. The period of bar and to take the attorney’s oath of office.
probation was set at two (2) years, counted
Mr. Argosino must submit to this Court
from the probationer's initial report to the
evidence that he may now be regarded as
probation officer assigned to supervise him. complying with the requirement of good moral
character imposed upon those who are seeking
Less than a month later, Argosino filed a admission to the bar. He should show to the
petition to take the bar exam. He was allowed Court how he has tried to make up for the
and he passed the exam, but was not allowed senseless killing of a helpless student to the
to take the lawyer's oath of office. family of the deceased student and to the
community at large. In short, he must show
On April 15, 1994, Argosino filed a petition to evidence that he is a different person now,
allow him to take the attorney's oath and be that he has become morally fit for admission to
admitted to the practice of law. He averred the profession of law.
that his probation period had been terminated.
It is noted that his probation period did not last Re: Al Argosino
for more than 10 months. |270 SCRA 26|Bar Matter No. 712
March 19, 1997
ISSUE:
FACTS:
W/N Argosino should be allowed to take the
oath of attorney and be admitted to the Al Caparros Argosino had passed the bar
practice of law examinations but was denied of taking the
Lawyer’s Oath and to sign the Rolls of
RULING: Attorneys due to his conviction of “reckless
imprudence resulting in homicide” from a
The practice of law is not a natural, absolute or hazing incident. Later in his sentence, he was
constitutional right to be granted to everyone granted probation by the court. He filed a
who demands it. Rather, it is a high personal petition to the Supreme Court praying that he
privilege limited to citizens of good moral be allowed to take the Lawyer’s Oath and sign
character, with special educational the Rolls of Attorneys. As a proof of the
qualifications, duly ascertained and certified. required good moral character he now possess,
he presented no less than fifteen (15) 1
It has also been stressed that the requirement certifications among others from: two (2)
of good moral character is, in fact, of greater senators, five (5) trial court judges, and six (6)
importance so far as the general public and the members of religious order. In addition, he,
proper administration of justice are concerned, together with the others who were convicted,
than the possession of legal learning.

Legal Profession | 1-Wigmore

 Legal Profession
Atty. Arnold Abejaron

organized a scholarship foundation in honor of Sesbreño is only on parole. Garcia alleged that
their hazing victim. homicide is a crime against moral turpitude;
and thus, Sesbreño should not be allowed to
ISSUE: continue his practice of law.

Whether or not Mr. Argosino should be allowed In his answer to the complaint, Sesbreño
to take the Lawyer’s Oath, sign the Rolls of alleged that his sentence was commuted and
Attorneys, and practice law. the phrase “with the inherent accessory
penalties provided by law” was deleted.
RULING: Sesbreño argued that even if the accessory
penalty was not deleted, the disqualification
Yes. Petition is granted. applies only during the term of the sentence.
Sesbreño further alleged that homicide does
The practice of law is a privilege granted only not involve moral turpitude. Sesbreño claimed
to those who possess the strict intellectual and that Garcia’s complaint was motivated by
moral qualifications required of lawyers who extreme malice, bad faith, and desire to
are instruments in the effective and efficient retaliate against him for representing Garcia’s
administration of justice. daughters in court.

Mr. Argosino is not inherently of bad moral ISSUES:

fiber. On the contrary, the various 1. W/N conviction for the crime of
certifications show that he is a devout Catholic homicide involves moral turpitude. -
with a genuine concern for civic duties and YES
public service. The Court is persuaded that Mr. 2. W/N Sesbreño should be disbarred - YES
Argosino has exerted all efforts to atone for the
death of Raul Camaligan. We are prepared to RULING:
give him the benefit of the doubt, taking
judicial notice of the general tendency of youth Section 27, Rule 138 of the Rules of Court
to be rash, temerarious and uncalculating. states that a member of the bar may be
disbarred or suspended as attorney by this
We stress to Mr. Argosino that the lawyer’s Court by reason of his conviction of a crime
oath is NOT a mere ceremony or formality for involving moral turpitude. This Court has ruled
practicing law. Every lawyer should at ALL that disbarment is the appropriate penalty for
TIMES weigh his actions according to the sworn conviction by final judgment for a crime
promises he makes when taking the lawyer’s involving moral turpitude. Moral turpitude is an
oath. If all lawyers conducted themselves act of baseness, vileness, or depravity in the
strictly according to the lawyer’s oath and the private duties which a man owes to his fellow
Code of Professional Responsibility, the men or to society in general, contrary to
administration of justice will undoubtedly be justice, honesty, modesty, or good morals.
faster, fairer and easier for everyone
concerned. We cannot accept Sesbreño’s argument that
the executive clemency restored his full civil
Garcia vs. Sesbreño and political rights. There was no mention that
749 SCRA 1| A.C. No. 10457| February 3, 2015 the executive clemency was absolute and
unconditional and restored Sesbreño to his full
FACTS: civil and political rights.

Garcia filed a complaint for disbarment against There are four acts of executive clemency that
Sesbreño before the Office of the Bar the President can extend: the President can
Confidant. grant reprieves, commutations, pardons, and
remit fines and forfeitures, after conviction by
Garcia alleged that in 2005 while he was in final judgment. In this case, the executive
Japan, Sesbreño, representing Maria Margarita clemency merely “commuted to an
and Angie Ruth, filed an action for support indeterminate prison term of 7 years and 6
against him and his sister Milagros Garcia months to 10 years imprisonment” the penalty
Soliman. At the time of the filing of the case, imposed on Sesbreño. Commutation is a mere
Maria Margarita was already 39 years old while reduction of penalty. Commutation only
Angie Ruth was 35 years old. The case was partially extinguished criminal liability. The
dismissed. In 2007, Garcia returned from penalty for Sesbreño’s crime was never wiped
Japan. When Sesbreño and Garcia’s children out. He served the commuted or reduced
learned about his return, Sesbreño filed a penalty, for which reason he was released from
Second Amended Complaint against him. prison. More importantly, the Final Release and 2
Discharge stated that “[i]t is understood that
Garcia alleged that he learned that Sesbreño such x x x accessory penalties of the law as
was convicted by the Regional Trial Court of have not been expressly remitted herein shall
Cebu City, Branch 18, for Homicide in Criminal subsist.” Even if Sesbreño has been granted
Case No. CBU-31733. Garcia alleged that pardon, there is nothing in the records that

Legal Profession | 1-Wigmore

 Legal Profession
Atty. Arnold Abejaron

shows that it was a full and unconditional

pardon. In addition, the practice of law is not a
right but a privilege. It is granted only to those
possessing good moral character. A violation of
the high moral standards of the legal profession
justifies the imposition of the appropriate
penalty against a lawyer, including the penalty
of disbarment.

Legal Profession | 1-Wigmore

CARONAN v. CARONAN

FACTS: On 2013, a complaint was filed by the real Patrick A. Caronan

against his brother Richard A. Caronan a.k.a. “Atty. Patrick A. Caronan” BRION v. BRILLANTES
before the Integrated Bar of the Philippines. In his complaint, he stated that
he and his older brother both completed secondary education at the Makati FACTS: Complainant Marciano Brion, Jr., charges the respondent, Atty.
High School and that he finished his college education at the University of Francisco Brillantes, Jr., of having wilfully violated a lawful order of this
Makati. Thereafter, he applied and got a job at a 7-11 convenience store in Court in A.M. No. MTJ-92-706, entitled Lupo Almodiel Atienza v. Judge
Muntinlupa City, working his way up until he was promoted as its store Francisco F. Brillantes, Jr. Petitioner now avers that respondent violated
manager. On the other hand, his brother enrolled at the Pamantasan ng our decree of perpetual disqualification imposed upon him from assuming
Lungsod ng Maynila and later managed to enter the Philippine Military any post in government service, including any posts in government-owned
Academy in Baguio City but was discharged in 1993. The respondent and controlled corporations, when he accepted a legal consultancy post at
Richard then moved to Nueva Vizcaya with his wife and three children. the Local Water Utilities Administration (LWUA), from 1998 to 2000. Said
consultancy included an appointment by LWUA as 6th member of the
Patrick said he learned from Richard that he had enrolled at St. Mary’s Board of Directors of the Urdaneta (Pangasinan) Water District. Upon
University’s College of Law in Bayombong, Nueva Vizcaya using Patrick’s expiration of the legal consultancy agreement, this was subsequently
name and college records from the UM and that he passed the Bar exams in renewed as a Special Consultancy Agreement.
2004.
Petitioner contends that while both consultancy agreements contained a
But in 2009, he said he was ordered to report to the head office of proviso to the effect that nothing therein should be construed as
Philippine Seven Corporation, operator of 7-11, which informed him that establishing an employer-employee relationship between LWUA and
the National Bureau of Investigation had requested his appearance in respondent.
relation to its investigation of a certain “Atty. Patrick A. Caronan” for
qualified theft and estafa. Aside from using his name, Patrick said he also ISSUE: WON Atty. Brillantes should be suspended in the practice of law.
learned that his brother was also facing charges for gun-running and
violation of Batas Pambansa 22 (Bouncing Checks Law). RULING: Yes, The Court held that respondent has transgressed both letter
and spirit of this Courts decree in Atienza.
The respondent Richard denied the allegations but the SC said that the
identity of the real “Patrick A. Caronan” had been established based on the The lawyer’s primary duty as enunciated in the Attorneys Oath is to uphold
probe conducted by the IBP. the Constitution, obey the laws of the land, and promote respect for law and
legal processes. Respondent’s disobedience to this Courts order prohibiting
ISSUE: WON the IBP erred in ordering that: his reappointment to any branch, instrumentality, or agency of government,
(a) The name “Patrick A. Caronan” be stricken off the Roll of Attorneys; including government owned and controlled corporations, cannot be
and camouflaged by a legal consultancy or a special consultancy contract. By
(b) The name “Richard A. Caronan” be barred from being admitted to the performing duties and functions of a contractual employee of LWUA, by
Bar. way of a consultancy, and receiving compensation and perquisites as such,
he displayed acts of open defiance of the Courts authority, and a deliberate
RULING: No. The Court finds no cogent reason to disturb the findings and rejection of his oath as an officer of the court. Such defiance not only
recommendations of the IBP. Since complainant - the real "Patrick A. erodes respect for the Court but also corrodes public confidence in the rule
Caronan" - never took the Bar Examinations, the IBP correctly of law.
recommended that the name "Patrick A. Caronan" be stricken off the Roll What aggravates respondents offense is the fact that respondent is no
of Attorneys. ordinary lawyer. Having served in the judiciary for eight (8) years, he is
very well aware of the standards of moral fitness for membership in the
The IBP was also correct in ordering that respondent, whose real name is legal profession. His propensity to try to get away with an indiscretion
"Richard A. Caronan," be barred from admission to the Bar. Under Section becomes apparent and inexcusable when he entered into a legal consultancy
6, Rule 138 of the Rules of Court, no applicant for admission to the Bar contract with the LWUA.
Examination shall be admitted unless he had pursued and satisfactorily
completed a pre-law course. Clearly, respondent has not completed the BELLEZA v. MACASA
requisite pre-law degree.
FACTS: Chua, friend of Dolores referred Atty. Macasa, for legal servicesin
The respondent’s false assumption of his brother's name, identity, and connection with the arrest of her son for Violation of RA 9165. Atty.
educational records renders him unfit for admission to the Bar. The practice Macasa agreed to handle the case for P30,000.00. Dolores made 3 partial
of law, after all, is not a natural, absolute or constitutional right to be payments on different occasions and P18,000 purpose of posting a bond to
granted to everyone who demands it. Rather, it is a privilege limited to secure the liberty of his son, however no receipt was issued by Atty.
citizens of good moral character. Respondent made a mockery of the legal Macasa. Dolores found out that Atty. Macasa did not remit the amount to
profession by pretending to have the necessary qualifications to be a the court supposed to be intended for the provisional liberty of her son. She
lawyer. demanded the return of P18,000 several times but respondent ignored her.
Moreover, Atty. Macasa failed to act on the case of complainant’s son and
WHEREFORE, respondent Richard A. Caronan a.k.a. "Atty. Patrick A. complainant was forced to avail the services of a PAO lawyer.
Caronan" (respondent) is found GUILTY of falsely assuming the name,
identity, and academic records of complainant Patrick A. Caronan to obtain ISSUE: WON Atty. Macasa grossly neglected his duties for the cause of
a law degree and take the Bar Examinations. Accordingly, without his client.
prejudice to the filing of appropriate civil and/or criminal cases, the Court
hereby resolves that: (1) the name "Patrick A. Caronan" with Roll of RULING: Yes. Respondent undertook to defend the criminal case against
Attorneys No. 49069 is ordered DROPPED and STRICKEN OFF the Roll complainant’s son. A lawyer who accepts the cause of a client commits to
of Attorneys; (2) respondent is PROHIBITED from engaging in the devote himself (particularly his time, knowledge, skills and effort) to such
practice of law or making any representations as a lawyer; (3) respondent is cause. He must be ever mindful of the trust and confidence reposed in him,
BARRED from being admitted as a member of the Philippine Bar in the constantly striving to be worthy thereof. Accordingly, he owes full devotion
future; ( 4) the Identification Cards issued by the Integrated Bar of the to the interest of his client, warm zeal in the maintenance and defense of his
Philippines to respondent under the name "Atty. Patrick A. Caronan" and clients rights and the exertion of his utmost learning, skill and ability to
the Mandatory Continuing Legal Education Certificates issued in such ensure that nothing shall be taken or withheld from his client, save by the
name are CANCELLED and/or REVOKED; and (5) the Office of the Court rules of law legally applied.
Administrator is ordered to CIRCULATE notices and POST in the bulletin
boards of all courts of the country a photograph of respondent with his real A lawyer who accepts professional employment from a client undertakes to
name, " Richard A. Caronan," with a warning that he is not a member of the serve his client with competence and diligence. He must conscientiously
Philippine Bar and a statement of his false assumption of the name and perform his duty arising from such relationship. He must bear in mind that
identity of "Patrick A. Caronan. by accepting a retainer, he impliedly makes the following representations:
that he possesses the requisite degree of learning, skill and ability other
lawyers similarly situated possess; that he will exert his best judgment in
the prosecution or defense of the litigation entrusted to him; that he will
exercise reasonable care and diligence in the use of his skill and in the
application of his knowledge to his clients cause; and that he will take all
steps necessary to adequately safeguard his clients interest.

A lawyer’s negligence in the discharge of his obligations arising from the

relationship of counsel and client may cause delay in the administration of
justice and prejudice the rights of a litigant, particularly his client. Thus,
from the perspective of the ethics of the legal profession, a lawyer’s
lethargy in carrying out his duties to his client is both unprofessional and
unethical.

In this case, after accepting the criminal case against complainant’s son and
receiving his attorney’s fees, respondent did nothing that could be
considered as effective and efficient legal assistance. For all intents and
purposes, respondent abandoned the cause of his client. Indeed, on account
of respondents continued inaction, complainant was compelled to seek the
services of the Public Attorney’s Office. Respondent’s lackadaisical
attitude towards the case of complainant’s son was reprehensible. Not only
did it prejudice complainant’s son, it also deprived him of his constitutional
right to counsel. Furthermore, in failing to use the amount entrusted to him
for posting a bond to secure the provisional liberty of his client, respondent
unduly impeded the latter’s constitutional right to bail.