requirements for practice of law

8/17/2019 Requirements for Practice of Law

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Requirements ªbeforeadmission to the barºor for continuousªpractice of lawº, etc.Problem Areas in Legal EthicsArellano University School of Law ± Arellano Law Foundation2015-2016

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What is practice of law?· The Court ruled that the term ªpractice of lawº impliescustomarily or habitually holding oneself out to the public as alawyer for compensation as a source of livelihood or inconsideration of his services. The Court further ruled thatholding one's self out as a lawyer may be shown by actsindicative of that purpose, such as identifying oneself asattorney, appearing in court in representation of a client,or associating oneself as a partner of a law office for thegeneral practice of law. - Atty. Noe-Lacsaman v. Atty.Busmente, A.C. No. 7269 [2011]

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What is practice of law?· Any activity, in and out of court, that requires the applicationof law, legal procedure, knowledge, training and experience.Moreover, we ruled that to engage in the practice of law is toperform those acts which are characteristics of theprofession; to practice law is to give notice or render anykind of service, which device or service requires the usein any degree of legal knowledge or skill. - Query of Atty.Silverio-Buffe, A.M. No. 08-6-352-RTC [2009]

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What is practice of law?· The practice of law is not limited to the conduct of cases orlitigation in court; it embraces the preparation of pleadingsand other papers incident to actions and specialproceedings, the management of such actions andproceedings on behalf of clients before judges and courts, andin addition, conveyancing.· In general, all advice to clients, and all action taken for them inmatters connected with the law xxx. - Aguirre v. Rana, B. M.No. 1036. June 10, 2003

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Who may practice law?· Section 1, Rule 138 of the Rules of Court provides:Who may practice law. ± Any person heretofore duly admitted asa member of the bar, or thereafter admitted as such inaccordance with the provisions of this Rule, and who is ingood and regular standing, is entitled to practice law.

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Passing the bar exam is not enough· A bar candidate does not acquire the right to practice law simplyby passing the bar examinations. The practice of law is aprivilege that can be withheld even from one who has passedthe bar examinations, if the person seeking admission hadpracticed law without a license.· True, respondent here passed the 2000 Bar Examinations and tookthe lawyer's oath. However, it is the signing in the Roll ofAttorneys that finally makes one a full-fledged lawyer. Thefact that respondent passed the bar examinations is immaterial.Passing the bar is not the only qualification to become an attorneyat-law. Respondent should know that two essential requisites forbecoming a lawyer still had to be performed, namely: his lawyer'soath to be administered by this Court and his signature in the Rollof Attorneys. ± Aguirre v. Rana, B. M. No. 1036. June 10, 20036


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Signing of the Lawyer's Oath is notequivalent to ªtaking the oathº· Respondent Abad should know that the circumstances whichhe has narrated do not constitute his admission to thePhilippine Bar and the right to practice law thereafter. Heshould know that two essential requisites for becoming alawyer still had to be performed, namely: his lawyer

s oath tobe administered by this Court and his signature in the Roll ofAttorneys. (Rule 138, Secs. 17 and 19, Rules of Court.) - Re:Elmo Abad, A. M. No. 139 [1983]

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Whether or not a lawyer is entitled toexemption from payment of his IBP duesduring the time that he was inactive in thepractice of law· Thus, payment of dues is a necessary consequence ofmembership in the IBP, of which no one is exempt. This meansthat the compulsory nature of payment of dues subsists for aslong as one's membership in the IBP remains regardless ofthe lack of practice of, or the type of practice, the member isengaged in.· There is nothing in the law or rules which allows exemptionfrom payment of membership dues. At most, as correctlyobserved by the IBP, he could have informed the Secretary of theIntegrated Bar of his intention to stay abroad before he left. Insuch case, his membership in the IBP could have been terminatedand his obligation to pay dues could have been discontinued. Letter of Atty. Cecilio Y. Arevalo Jr. B.M. 1370 May 9, 20058


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Is IBP membership feea form of tax?· For the court to prescribe dues to be paid by the membersdoes not mean that the Court is attempting to levy a tax.· A membership fee in the Bar association is an exaction forregulation, while tax purpose of a tax is a revenue. If thejudiciary has inherent power to regulate the Bar, it follows thatas an incident to regulation, it may impose a membership feefor that purpose. It would not be possible to put on anintegrated Bar program without means to defray the expenses.The doctrine of implied powers necessarily carries with it thepower to impose such exaction. - Letter of Atty. Cecilio Y.Arevalo Jr. B.M. 1370 May 9, 20059


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There is no provision under the CPR whichprohibits the unauthorized practice of law· CANON 9 - A lawyer shall not, directly or indirectly, assist inthe unauthorized practice of law.· While a reading of Canon 9 appears to merely prohibitlawyers from assisting in the unauthorized practice of law,the unauthorized practice of law by the lawyer himself issubsumed under this provision, because at the heart ofCanon 9 is the lawyer

s duty to prevent the unauthorizedpractice of law. - Petition to sign in the Roll of Attorneys,Medado, B.M. No. 2540 [2013]

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Examples of unauthorizedpractice of law· In the cases where we found a party liable for the unauthorizedpractice of law, the party was guilty of some overt act like:1. signing court pleadings on behalf of his client;2. appearing before court hearings as an attorney;3. manifesting before the court that he will practice law despitebeing previously denied admission to the bar; or4. deliberately attempting to practice law and5. holding out himself as an attorney through circulars with fullknowledge that he is not licensed to do so

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- Normatan & Pagayokan v. Balajadia, G.R. No. 169517 200611


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Pre-law requirements· Rule 138 Sec. 6. Pre-Law. - No applicant for admission to thebar examination shall be admitted unless he presents acertificate that he has satisfied the Secretary of Education that,before he began the study of law, he had pursued andsatisfactorily completed in an authorized and recognizeduniversity or college, requiring for admission thereto thecompletion of a four-year high school course, the course ofstudy prescribed therein for a bachelor

s degree in arts orsciences with any of the following subjects as major or field ofconcentration: political science, logic, english, spanish, historyand economics.

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Violation of Rule 138 section 6· ª[b]y utilizing the school records of his cousin and name-sake,Juan M. Publico when, in actual fact, petitioner had notcompleted Grade VI of his elementary schooling, much less,First and Second Year High School.º· For all the foregoing, we find and so hold that respondentfalsified his school records, by making it appear that he hadfinished or completed Grade VI elementary and First andSecond Year high school, when in truth and in fact he hadnot, thereby violating the provisions of Sections 5 and 6,Rule 127 of the Rules of Court, which require completion by abar examinee or candidate of the prescribed courses inelementary, high, pre-law and law school, prior to hisadmission to the practice of law. - In re: Juan Publico,Petition forReinstatement in the Roll of Attorneys February 20, 198113


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Applicant should be ready topresent evidence of good moralcharacter· When applicants seek admission to the bar, theyhave placed their character at issue. Therefore, theapplicant bears the burden of producinginformation proving good moral character. Mitchell Simon , Nick Smith and Nicole Negowetti

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Grossly immoral act

· A grossly immoral act is one that is so corrupt and false as toconstitute a criminal act or so unprincipled or disgraceful as tobe reprehensible to a high degree. It is a willful, flagrant, orshameless act which shows a moral indifference to the opinionof respectable members of the community. - Figueroa v.Barranco, Jr. SBC Case No. 519 1997

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Is breach of promise to marrygross immorality? Respondent was prevented from taking the lawyer's oath in 1971because of the charges of gross immorality made bycomplainant. To recapitulate, respondent bore an illegitimate childwith his sweetheart, Patricia Figueroa, who also claims that he didnot fulfill his promise to marry her after he passes the barexaminations. We find that these facts do not constitute gross immoralitywarranting the permanent exclusion of respondent from the legalprofession. His engaging in premarital sexual relations withcomplainant and promises to marry suggests a doubtful moralcharacter on his part but the same does not constitute grosslyimmoral conduct. The Court has held that to justify suspension ordisbarment the act complained of must not only be immoral, butgrossly immoral. - Figueroa v. Barranco, Jr. SBC Case No. 519 199716


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Good moral character v.Rehabilitation· When an applicant for admission to the bar has committed firstdegree murder, a crime that demonstrates an extreme lack ofgood moral character, he must make an extraordinary showingof present good moral character to establish that he or she isqualified to be admitted to the practice of law xxx.· To show rehabilitation, [one] must show that he has acceptedresponsibility for his criminal conduct.· Rehabilitation is a necessary, but not sufficient, ingredient of goodmoral character of bar applicant who had been convicted of aserious felony; applicant must establish his current good moralcharacter, independent of and in addition to, evidence ofrehabilitation. - In re: James Joseph Hamm 123 P.3d 652 [2005]

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Rehabilitation is not enough Even assuming that [one] has established rehabilitation, showingrehabilitation from criminal conduct does not, in itself, establishgood moral character. Rehabilitation is a necessary, but not sufficient, ingredient of goodmoral character. An applicant must establish his current goodmoral character, independent of and in addition to, evidence ofrehabilitation. Even assuming that he has established rehabilitation, showingrehabilitation from criminal conduct does not, in itself, establishgood moral character. - In re: James Joseph Hamm 123 P.3d 652[2005]18


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What is anªupright characterº?·

Upright character

is something more than an absence of badcharacter. It means that he [an applicant for admission] musthave conducted himself as a man of upright characterordinarily would, should, or does. Such character expressesitself not in negatives nor in following the line of leastresistance, but quite often in the will to do the unpleasantthing if it is right, and the resolve not to do the pleasant thing ifit is wrong. - In re: James Joseph Hamm 123 P.3d 652 [2005]

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Past and Present moral character

· We also agree with Hamm that, under the Rule applicable toHamm

s application, our concern must be with the applicant

spresent moral character. In Greenberg, we explained that "it is[the applicant

s] moral character as of now with which we areconcerned." xxx Past misconduct, however, is not irrelevant.Rather, this Court must determine what past bad acts reveal aboutan applicant

s current character. - In re: James Joseph Hamm 123P.3d 652 [2005]

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Effect of prior criminal conviction· ªAlthough a prior conviction is not conclusive of a lack ofpresent good moral character, ... it adds to his burden ofestablishing present good character by requiringconvincing proof of his full and complete rehabilitation.º- Inre: James Joseph Hamm 123 P.3d 652 [2005]

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Is poverty of litigant a justification toengage in illegal practice of law?

· The defense of respondent that "his participation (sic) fordefendants

cause was gratuitous as they could not engage theservices of counsel by reason of poverty and the absence ofone in the locality" cannot, even if true, carry the day for him, Zeta v. Malinao, A.M. No. P-220, December 20, 1978

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Can a lawyer-detaineepractice law?· As a matter of law, when a person indicted for an offense isarrested, he is deemed placed under the custody of the law. He isplaced in actual restraint of liberty in jail so that he may be boundto answer for the commission of the offense. He must be detainedin jail during the pendency of the case against him, unless he isauthorized by the court to be released on bail or on recognizance.Let it be stressed that all prisoners whether under preventivedetention or serving final sentence can not practice theirprofession nor engage in any business or occupation, or holdoffice, elective or appointive, while in detention. This is anecessary consequence of arrest and detention. ± PP v. Hon.Maceda and Javellana G.R. No. 89591-96January 24, 200023


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What is the effect of non-payment ofIBP dues?· Rule 139-A, Section 10 which provides that "default in thepayment of annual dues for six months shall warrantsuspension of membership in the Integrated Bar, anddefault in such payment for one year shall be a ground for theremoval of the name of the delinquent member from theRoll of Attorneys.ª - Santos, Jr. V. Atty. Llamas A.C No. 4749[2000]

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Misrepresenting to the public and thecourts that he had paid his IBP dues By indicating "IBP-Rizal 259060" in his pleadings and therebymisrepresenting to the public and the courts that he had paidhis IBP dues to the Rizal Chapter, respondent is guilty of violatingthe Code of Professional Responsibility which provides:

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral ordeceitful conduct.CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITYAND DIGNITY OF THE LEGAL PROFESSION, AND SUPPORT THEACTIVITIES OF THE INTEGRATED BAR.CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITHTO THE COURT.Rule 10.01 - A lawyer shall not do any falsehood, nor consent to thedoing of any court; nor shall he mislead or allow the court to be misled byany artifice. - Santos, Jr. V. Atty. Llamas A.C No. 4749 [2000]25


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Is a ªsenior citizenº lawyer exemptedfrom payment of ITR also exemptedfrom payment of IBP dues?· While it is true that R.A. No. 7432, §4 grants senior citizens"exemption from the payment of individual income taxes:provided, that their annual taxable income does not exceed thepoverty level as determined by the National Economic andDevelopment Authority (NEDA) for that year," the exemptiondoes not include payment of membership or associationdues. - Santos, Jr. V. Atty. Llamas A.C No. 4749 [2000]

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Intent is necessary to be guilty ofunauthorized practice of law· In several cases, we have ruled that the unauthorized practice oflaw by assuming to be an attorney and acting as such withoutauthority constitutes indirect contempt which is punishable byfine or imprisonment or both. The liability for the unauthorizedpractice of law under Section 3(e), Rule 71 of the Rules of Court isin the nature of criminal contempt and the acts are punishedbecause they are an affront to the dignity and authority of thecourt, and obstruct the orderly administration of justice. Indetermining liability for criminal contempt, well-settled is the rulethat intent is a necessary element, and no one can bepunished unless the evidence makes it clear that he intendedto commit it. - Normatan & Pagayokan v. Balajadia, G.R. No.169517 200627


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Does giving up Philippine citizenshipautomatically result into lost ofmembership in the Philippine bar?· The Constitution provides that the practice of all professions in thePhilippines shall be limited to Filipino citizens save in casesprescribed by law. Since Filipino citizenship is a requirement foradmission to the bar, loss thereof terminates membership inthe Philippine bar and, consequently, the privilege to engage inthe practice of law. In other words, the loss of Filipinocitizenship ipso jure terminates the privilege to practice lawin the Philippines. The practice of law is a privilege denied toforeigners. - Petition for leave to resume practice of law,DacanayB.M. No. 1678 December 17, 2007

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May a lawyer who has lost his Filipinocitizenship still practice law in thePhilippines?· The Constitution provides that the practice of all professions in thePhilippines shall be limited to Filipino citizens save in casesprescribed by law. Since Filipino citizenship is a requirement foradmission to the bar, loss thereof terminates membership in thePhilippine bar and, consequently, the privilege to engage in thepractice of law. In other words, the loss of Filipino citizenship ipsojure terminates the privilege to practice law in the Philippines. Thepractice of law is a privilege denied to foreigners. - Petition forleave to resume practice of law,Dacanay B.M. No. 1678 December17, 2007

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Effect of reacquisition ofFilipino citizenship· A Filipino lawyer who becomes a citizen of another country andlater re-acquires his Philippine citizenship under R.A. No. 9225,remains to be a member of the Philippine Bar. ± Petition toreacquire the privilege to practice law in the Philippines, Muneses,B.M. 2112 [2012]

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Requirements before one can resumepractice of law after reacquiring Filipinocitizenship

· Before a lawyer who reacquires Filipino citizenship pursuant to RA9225 can resume his law practice, he must first secure from thisCourt the authority to do so, conditioned on:(a) the updating and payment in full of the annual membershipdues in the IBP;(b) the payment of professional tax;(c) the completion of at least 36 credit hours of mandatorycontinuing legal education; this is specially significant to refreshthe applicant/petitioner's knowledge of Philippine laws andupdate him of legal developments and(d) the retaking of the lawyer's oath which will not only remindhim of his duties and responsibilities as a lawyer and as an officerof the Court, but also renew his pledge to maintain allegiance tothe Republic of the Philippines. ± Petition for leave to resume practice of law,Dacanay B.M. No. 1678 December 17, 2007 31


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What is the purpose for requiring theretaking of Lawyer's Oath?· The retaking of the lawyer's oath which will not only remindhim of his duties and responsibilities as a lawyer and as anofficer of the Court, but also renew his pledge to maintainallegiance to the Republic of the Philippines.

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Citizenship requirement in order topractice law in the Philippines

·Constitution Art. 12 Section 14. xxx. The practice of all professionsin the Philippines shall be limited to Filipino citizens, save in casesprescribed by law.

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Requirements for all applicants foradmission to the bar· Section 2, Rule 138 (Attorneys and Admission to Bar) of theRules of Court:Requirements for all applicants for admission to the bar. ±Every applicant for admission as a member of the bar must bea citizen of the Philippines, at least twenty-one years ofage, of good moral character, and a resident of thePhilippines; and must produce before the Supreme Courtsatisfactory evidence of good moral character, and that nocharges against him, involving moral turpitude, have beenfiled or are pending in any court in the Philippines.

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Continuing requirements to practicelaw· The second requisite for the practice of law ― membership ingood standing ― is a continuing requirement. This meanscontinued membership and, concomitantly, payment ofannual membership dues in the IBP; payment of the annualprofessional tax; compliance with the mandatory continuinglegal education requirement; faithful observance of the rulesand ethics of the legal profession and being continually subjectto judicial disciplinary control. -Petition for leave to resumepractice of law,Dacanay B.M. No. 1678 December 17, 2007

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Phases of admission to the bar· Moreover, admission to the bar involves various phases suchas furnishing satisfactory proof of educational, moral andother qualifications; passing the bar examinations; taking thelawyer's oath and signing the roll of attorneys and receivingfrom the clerk of court of this Court a certificate of the licenseto practice. - Petition for leave to resume practice oflaw,Dacanay B.M. No. 1678 December 17, 2007

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Can a successful examinee take his oathbefore any person allowed by law toadminister an oath?· Rule 138 Sec. 17. Admission and oath of successful applicants. - Anapplicant who has passed the required examination, or has beenotherwise found to be entitled to admission to the bar, shall takeand subscribe before the Supreme Court the corresponding oathof office.· Inasmuch as the oath as lawyer is a prerequisite to the practice oflaw and may be taken only, before the Supreme Court, bythose authorized by the latter to engage in such practice xxx. ± PPv. De Luna, et. al. G.R. Nos. L-10236-48. January 31, 1958

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Section 2. Section 41 of theAdministrative Code of 1987 is herebyamended to read as followsSec. 41. Officers Authorized to Administer Oath. - The followingofficers have general authority to administer oaths:·President;·Vice-President;·Members and Secretaries of both Houses of the Congress;·Members of the Judiciary;·Secretaries of Departments;·provincial governors and lieutenant-governors;·city mayors;·municipal mayors;·bureau directors;38


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¼authorized to administer oath

····

regional directors;clerks of courts;registrars of deeds;other civilian officers in the public service of the governmentof the Philippines whose appointments are vested in thePresident and are subject to confirmation by the Commissionon Appointments;· all other constitutional officers;· and notaries public."

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Duties of Attorneys·

Rule 138 section 20 - It is the duty of an attorney:(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution andobey the laws of the Philippines;(b) To observe and maintain the respect due to the courts of justice and judicial officers;(c) To counsel or maintain such actions or proceedings only as appear to him tobe just, and suchdefenses only as he believes to be honestly debatable under the law;(d) To employ, for the purpose of maintaining the causes confided to him, such means only as areconsistent with truth and honor, and never seek to mislead the judge or any judicial officer byan artifice or false statement of fact or law;(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of hisclient, and to accept no compensation in connection with his client

s business except from himor with his knowledge and approval;(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or

reputation of a party or witness, unless required by the justice of the cause with which he ischarged;(g) Not to encourage either the commencement or the continuance of an action orproceeding, ordelay any man

s cause, from any corrupt motive or interest;(h) Never to reject, for any consideration personal to himself, the cause of the defenseless oroppressed;(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of hispersonal opinion as to the guilt of the accused, to present every defense that the law permits, to

the end that no person may be deprived of life or liberty, but by due process of law.

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What is a lawyer's proof of authority topractice of law?· Rule 138 Sec. 18. Certificate. - The Supreme Court shall thereuponadmit the applicant as a member of the bar for all the courts of thePhilippines, and shall direct an order to be entered to that effectupon its records, and that a certificate of such record be given tohim by the clerk of court, which certificate shall be hisauthority to practice.

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Failure to sign in theRoll of Attorneys· Petitioner did not sign in the Roll of Attorneys for 32 years.What he had signed at the entrance of the PICC was probablyjust an attendance record.· As Medado is not yet a full-fledged lawyer, we cannot suspendhim from the practice of law. However, we see it fit to imposeupon him a penalty akin to suspension by allowing him tosign in the Roll of Attorneys one ( 1) year after receipt of thisResolution. For his transgression of the prohibition against theunauthorized practice of law, we likewise see it fit to fine himin the amount of P32,000. ± Petition to sign in the Roll ofAttorneys, Medado, B.M. No. 2540 [2013]42


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Certificate of Membership & Certificate ofMembership in Good Standing in IBP· Certificate of Membership in the Integrated Bar of thePhilippines as well as a Certificate of Membership in GoodStanding with the Quezon City Chapter of the Integrated Bar ofthe Philippines do not constitute his admission to thePhilippine Bar and the right to practice law thereafter . - Re:Elmo Abad, A. M. No. 139 [1983]

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Requirements after flunkingthe bar 3 times· Sec. 16. Failing candidates to take review course. - Candidateswho have failed the bar examinations for three times shall bedisqualified from taking another examination unless they showto the satisfaction of the court that they have enrolled in andpassed regular fourth year review classes as well as attendeda pre-bar review course in a recognized law school.The professors of the individual review subjects attended by thecandidates under this rule shall certify under oath that thecandidates have regularly attended classes and passed thesubjects under the same conditions as ordinary students and theratings obtained by them in the particular subject.44


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Authority to appear in behalfof a client· Sec. 21. Authority of attorney to appear. - An attorney ispresumed to be properly authorized to represent any causein which he appears, and no written ªpower of attorneyº isrequired to authorize him to appear in court for his client,but the presiding judge may, on motion of either party and onreasonable grounds therefor being shown, require anyattorney who assumes the right to appear in a case toproduce or prove the authority under which he appears,and to disclose, whenever pertinent to any issue, the name ofthe person who employed him, and may thereupon makesuch order as justice requires. An attorney wilfully appearing incourt for a person without being employed, unless by leave ofthe court, may be punished for contempt as an officer of thecourt who has misbehaved in his official transactions.45


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A ªCounselorº is not an ªAttorneyº· The title of "attorney" is reserved to those who, having obtainedthe necessary degree in the study of law and successfully taken theBar Examinations, have been admitted to the Integrated Bar of thePhilippines and remain members thereof in good standing; and itis they only who are authorized to practice law in this jurisdiction.· His disinclination to use the title of "counselor" does not warranthis use of the title of attorney. - Alawi v. Alauya, A.M. SDC-97-2-P.February 24, 1997

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Prohibited acts of an examinee· Rule 138 Sec. 12. Committee of examiners. - Examinations shall beconducted by a committee of bar examiners to be appointed by theSupreme Court. This committee shall be composed of a Justice of theSupreme Court, who shall act as chairman, and who shall bedesignated by the court to serve for one year, and eight members ofthe bar of the Philippines, who shall hold office for a period of oneyear. The names of the members of this committee shall be publishedin each volume of the official reports.· Rule 138 Sec. 13. Disciplinary measures. - No candidate shallendeavor to influence any member of the committee, and duringexamination the candidates shall not communicate with eachother nor shall they give or receive any assistance. The candidatewho violates this provision, or any other provision of this rule, shall bebarred from the examination, and the same to count as a failureagainst him, and further disciplinary action, including permanentdisqualification, may be taken in the discretion of the court.47


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Requirements after flunkingthe bar 3 times· Enrollment and completion of pre-bar review course is anadditional requirement under Rule 138 of the Rules of Courtfor those who failed the bar examinations for three (3) or moretimes. - In re: Purisima, B.M. Nos. 979 and 986 [2002]

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Can an ªindefinite suspensionº from thepractice of law prohibit a lawyer from filinga citizen or taxpayer suit?

·

Petitioner Alan F. Paguia (petitioner), as citizen and taxpayer,filed this original action for the writ of certiorari to invalidatePresident Gloria Macapagal-Arroyo's nomination of respondentformer Chief Justice Hilario G. Davide, Jr. (respondent Davide)as Permanent Representative to the United Nations (UN) forviolation of Section 23 of Republic Act No. 7157 (RA 7157), thePhilippine Foreign Service Act of 1991.· In their separate Comments, respondent Davide, the Office ofthe President, and the Secretary of Foreign Affairs (respondents)raise threshold issues against the petition. First, they questionpetitioner's standing to bring this suit because of hisindefinite suspension from the practice of law.49


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· An incapacity to bring legal actions peculiar to petitioner alsoobtains. Petitioner's suspension from the practice of law barshim from performing ªany activity, in or out of court, whichrequires the application of law, legal procedure, knowledge,training and experience.º Certainly, preparing a petitionraising carefully crafted arguments on equal protectiongrounds and employing highly legalistic rules of statutoryconstruction to parse Section 23 of RA 7157 falls within theproscribed conduct. - Paguia v. Office of the President, G.R.No. 176278 [2010]

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Thank you for yourattention!!

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requirements for practice of law

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