CHAPTER 1 - INTRODUCTORY encroachment on their practice, or dealing directly

with their clients.

Preliminary
Definitions
• Legal Ethics
• ―LEGAL ETHICS
1.Branch of moral science which treats of the
duties which an attorney owes to the court, to his o Body of all principles of morality and
client, to his colleagues in the profession and refinement that should govern the conduct of
every member of the bar.
to the public.
o ―Living spirit of the profession.‖
2. It is the embodiment of all principles of
morality and refinement that should govern o Branch of moral science which treats of
duties which an attorney owes to the court, to his
the conduct of every member of the bar client, to his colleagues, and to the public.
• The law is not a trade nor a craft but a profession. • Terms used to describe a member of
• Its basic ideal is to render public service and secure the legal profession:
justice to those who seek its aid.
o Lawyer, Attorney, or Attorney-At-Law.
• Those enrolled in its ranks should not only master
its tenets and principles but also accord continuing o Advocate, Barrister, Counsel or Counselor.
fidelity to them.
o Proctor, Solicitor.
• Obligation not an easy task due to commercialism
o Spanish: Abogado.
in all fields of human endeavor.
o Filipino: Manananggol.
• To fulfill obligation:
• The term refers to that class of persons who by license
1. Professional standards be constantly are officers of the court empowered to appear,
inculcated among lawyers. prosecute, and defend.
2. ―Manual of equipment‖ – rules and ethics
• A person who is a member of the Philippine Bar
of the profession collated, readily available to
who, by warrant of another, practices law, or acts
every attorney. professionally in legal formalities.

• Sources of Legal Ethics: • Those who passed the Shari’a Bar not entitled to
be called ―Attorneys unless admitted to the Philippine
1. The 1987 Constitution. Bar.
2. Applicable Jurisprudence. • Counsel de parte:
3. Code of Professional Responsibility. o An attorney retained by a party litigant,
usually for a fee, to prosecute or defend his
4. New Civil Code.
cause in court.
5. Rules of Court.
o Implies freedom of choice either on the
6. Revised Penal Code. attorney or the litigant.

7. Local Government Code. • Counsel de oficio:

o Attorney appointed by the court.

PRIMARY CHARACTERISTICS WHICH DISTINGUISH o To defend an indigent defendant in a criminal

THE LEGAL PROFESSION FROM BUSINESS action.

1. A duty of public service. o To represent a destitute party.

2. A relation, as an ―officer of the court, to the • Attorney of record:

administration of justice involving thorough sincerity,
integrity and reliability. o Attorney whose name, together with his
address, is entered in the record of the case
3. A relation to clients with the highest degree of fiduciary as the designated counsel of the party
4. A relation to the colleagues at the bar litigant.
characterized by candor, fairness and unwillingness to
resort to current business methods of advertising and o To whom judicial notices are sent.
• A lawyer “of counsel” is an experienced lawyer, • Pro Se - an appearance by a lawyer in his own behalf.
who is usually a retired member of judiciary
employed by law firms as consultant. • Trial Lawyer – one who personally handles cases
in court, administrative agencies of boards which
• Amicus Curiae is: mean engaging in actual trial work, either for the
prosecution or for the defense of cases of clients
o An experienced and impartial attorney
invited by the court to appear and help in the • Power to regulate the practice of law is not an arbitrary
disposition of issues submitted to it. or despotic power to be exercised at the pleasure of the
court.
o It implies friendly intervention of counsel to
call the attention of the court to some matters • It is the duty of the court to exercise it by a sound and
of law or facts which might otherwise escape just judicial discretion.
its notice and in regard to which it might go
wrong. Nature of office of attorney

o Appears in court not to represent any • An attorney is more than a mere agent because he
particular party but only to assist the court. possesses special powers of trust and confidence
reposed in him by his client.
• Amicus Curiae par excellence – bar associations
who appear in court as amici curiae or friends of the • Independent as the judge.
court. Acts merely as a consultant to guide the court
in a doubtful question or issue pending before it. • In a limited sense, a public officer, although not in
the constitutional or statutory meaning of the term.
• “Bar” refers to the legal profession.
• Occupies a quasi-judicial office because he is in fact
• “Bench” refers to the judiciary. an officer of the court.

• Client – one who engages the services of a lawyer • The title “Attorney” is reserved to those
for legal advice or for purposes of prosecuting or
defending a suit in behalf and usually for a fee. who has:
1. obtained the necessary degree in the study of
• Lawyer – this is the general term for a person trained
law;
in the law and authorized to advice and represent
others in legal matters 2. successfully taken the bar exams;
• Attorneys-At-Law – that class of persons who are 3. admitted to the IBP;
licensed officers of the courts empowered to appear,
prosecute and defend, and upon whom peculiar 4. remain members thereof in good standing;
duties, responsibilities and liabilities are developed by
5. been authorized to practice law in the
law as a consequence.
Philippines.
• Attorney in fact- simply an agent whose authority
• Membership in the bar is in the category of a
is strictly limited by the instrument appointing him. His
mandate of public service of the highest order.
authority is provided in a special power of attorney or
general power of attorney or letter of attorney. He is not • Lawyers are oath-bound servants of society whose
necessarily a lawyer. conduct are clearly circumscribed by the inflexible
norms of law and ethics.
• Bar Association – an association of members of
the legal profession like the IBP where membership is • Primary duty is to the advancement of the quest of
integrated or compulsory. truth and justice.
• House Counsel – one who acts as attorney for Privileges of an attorney
business though carried as an employee of that
business and not as an independent lawyer. 1. Privilege and right to practice law during good
behavior before any judicial, quasi-judicial, or
• Lead Counsel – the counsel on either side of a administrative tribunal.
litigated action who is charged with the principal
management and direction of a party’s case, as 2. Attorneys enjoy the presumption of regularity in
distinguished from his juniors or subordinates. the discharge of his duty. (His statements, if relevant
or material to the case, are absolutely privileged
• Practicing Lawyer – one engaged in the practice regardless of their defamatory tenor. He can speak
of law who by license are officers of the court and freely and courageously in proceedings without the
who are empowered to appear, prosecute and defend risk of criminal prosecution.)
a client’s cause.
3. Other privileges inherent in his status as quasi-judicial and to accept no compensation in connection with
officer: his client's business except from him or with his
knowledge and approval;
a. Passing the bar is equivalent to First-grade Civil
Service eligibility for any position in the classified 6. To abstain from all offensive personality and to
service of the government, the duties of which advance no fact prejudicial to the honor or reputation of
require knowledge of law. a party or witness, unless required by the justice of
the cause with which he is charged;
b. Second-grade eligibility for any other government
position not requiring proficiency in the law. 7. Not to encourage either the commencement or the
continuance of an action or proceeding, or delay any
4. The court, in admitting him to practice, presents him to man's cause, from any corrupt motive or interest;
the public as worthy of its confidence and as a person
fit and proper to assume and discharge the 8. Never to reject, for any consideration personal to
responsibilities of an attorney. himself, the cause of the defenseless or oppressed;
5. Has the privilege to set the judicial machinery in 9. In the defense of a person accused of crime, by
motion. all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to
• He can stand up for his right or the right of his present every defense that the law permits, to the end
client even in the face of a hostile court. that no person may be deprived of life or liberty, but by
due process of law.
• He has the right to protest, in respectful language, any
unwarranted treatment of a witness or any unjustified
delay.
FOUR-FOLD DUTIES OF A LAWYER
• The rights and privileges which they enjoy as
officers of the court are necessary for the proper 1. Duties to SOCIETY – should not violate his
administration of justice as for the protection of responsibility to society, exemplar for righteousness,
attorney and his client. ready to render legal aid, foster social reforms,
guardian of due process, aware of special role in
• ―There can be no strong bar without courageous the solution of special problems and be always
and fearless attorneys.‖ ready to lend assistance in the study and solution of
• As a man of law, his is necessarily a leader in social problems.
the community, looked up to as a model citizen.
2. Duties to the LEGAL PROFESSION – candor,
• Integrity, ability, and learning often makes him fairness, courtesy and truthfulness, avoid
qualified to administer the Executive Departments or encroachment in the business of other lawyers,
the Legislative bodies. uphold the honor of the profession.
3. Duties to the COURT – respect or defend against
criticisms, uphold authority and dignity, obey order
Duties of Attorneys (Rule 138, Sec 20) and processes, assist in the administration of justice.
– MEMORIZE! 4. Duties to the CLIENT – entire devotion to client’s
interest.
It is the duty of an attorney:
Public versus private and personal
1. To maintain allegiance to the Republic of the
Philippines and to support the Constitution and obey duties
the laws of the Philippines;
• PUBLIC DUTY:
2. To observe and maintain the respect due to the
courts of justice and judicial officers; o Obey the law.
3. To counsel or maintain such actions or proceedings o Aid in the administration of justice.
only as appear to him to be just, and such defenses only
as he believes to be honestly debatable under the law; o Cooperate whenever justice is imperiled.

4. To employ, for the purpose of maintaining the • PRIVATE DUTY:

causes confided to him, such means only as are
o Faithfully, honestly, and conscientiously
consistent with truth and honor, and never seek to
represent the interest of his client.
mislead the judge or any judicial officer by an
artifice or false statement of fact or law; • PERSONAL DUTY, the obligation he
5. To maintain inviolate the confidence, and at every owes to himself.
peril to himself, to preserve the secrets of his client,
• Such classification of public and personal results • Primary Characteristics distinguishing the Legal
from the three-fold capacity in which attorneys operate: Profession from Business:
o As a Faithful Assistant of the court in search 1. A duty of public service, emolument is a by-product.
of just solution to disputes (Public Duty).
2. A relation as officer of the court to the
o As a Trusted Agent of his client (Private administration of justice involving thorough sincerity,
Duty). integrity, and reliability.
o As a Self-employed Businessman (Personal 3. Relation to the client in the highest degree
Duty). fiduciary.

• Rules and ethics demand that an attorney 4. Relation to colleagues at the bar characterized by
subordinate his personal and private duties to those candor, fairness, and unwillingness to resort to current
which he owes to the court and to the public. business methods of advertising and encroachment on
their practice, or dealing with their clients.
• Where his duties to his client conflict with those he
owes to the court and the public, the former must yield • These characteristics make it a noble profession
to the latter. and the privilege to practice it is bestowed only upon
individuals who are competent intellectually,
• His obligations to his client take precedence over academically, and morally.
his duties to himself. Practice of law as a profession
• A partnership in the practice of law is a mere
• The practice of law is a profession, a form of public relationship or association for such particular purpose.
trust, the performance of which is entrusted only to It is not a legalnentity. It is not a partnership formed for
those who are qualified to possess good moral the purpose of carrying on a trade or business or of
character. holding property.
• The legal profession is not a trade. • Even if registered with the SEC, any lawyer
practicing under a law partnership is considered a
• To render public service and secure justice to those solo practitioner who is the taxpayer and not the law
who seek its aid. partnership.
• It is not a business, using bargain counter methods • Law prohibits a business or commercial partnership or
to reap large profits. juridical entity to engagein the practice of law since such
• The gaining of livelihood is not a profession, but a cannot possess nor comply with the qualifications
secondary consideration. and requirements of a lawyer.

• The Code of Professional Responsibility, particularly Necessity of representation by counsel

the ethical rule against advertising or solicitation of • Employment of a person acquainted with the rules
professional employment, rests on the fundamental becomes a necessity both to the litigant and to the court.
postulate that the practice of law is a profession. • Litigant is not ordinarily versed in the law and its
• Profession – A calling requiring specialized intricacies.
knowledge and often requiring long academic • A court can adjudicate only in accordance with the
preparation. law and the facts presented pursuant to well-
• In fixing fees, remember that ―the profession is a established rules of procedure and evidence
branch of the administration of justice and not a mere • A person unlearned in the law can neither aid
money-making trade.‖ litigants nor the court in that regard.
• Law advocacy is not capital that yields profits. • Only a lawyer can properly and effectively extend
• A calling, unlike mercantile pursuits which enjoy a such assistance.
greater deal of freedom from government interference, • The law profession came into being as a result of that
is impressed with public interest. procedural development of the court, which created
• Attorney is also entitled to protection from the court the necessity for the attorney and made him an
against any attempt by his client to escape payment of essential part of the judicial machinery.
his just fees. • The right of a litigant to counsel is a recognition
• Client is also protected against exaction by his counsel of the necessity that a litigant appear by counsel.
of excessive fees.
• There can be no fair hearing unless a litigant is counsel is so great and error committed is
represented by counsel. so serious that the client is prejudiced and
denied his day in court.
• A court cannot compel a litigant to prosecute or
defend his cause personally if he chose to appear When appearance by counsel not obligatory
by counsel, nor can it assign a counsel de oficio for
an accused and require said counsel to proceed • In the Municipal Trial Court, a party may conduct
with the trial when the accused has previously his litigation in person or with the aid of an agent
manifested his desire to secure the services of a or friend appointed by him or with an aid of an
counsel de parte. attorney

• SC subjects the lawyer to disciplinary action and

administrative liability for his failure to properly attend to CHAPTER 2 –ADMISSION
the interest of his client.
TO PRACTICE
A. JUDICIAL CONTROL
Need for, and right to, counsel

• Party litigant needs the assistance of counsel in al

proceedings, administrative, civil, or criminal. Admission to practice is a judicial function

• Not being a lawyer, he is ignorant of the • The power to admit applicants to the practice of
substantive and procedural laws which are applied to law is judicial in nature and involves the exercise of
resolve disputes. judicial discretion.

• Even if he is a lawyer, his personal or emotional • Traditionally exercised by the Supreme Court as an
involvement may adversely affect his handling of the inherent part of its judicial power.
case. Thus, even lawyers who are parties in a case
need the guiding hand of counsel. • Rationale comes from the nature of a judicial
function and the role played by attorneys in the
• The need of a person for the assistance of counsel is administration of justice.
felt more urgently in criminal than in any other
proceeding. • The admission to the practice of law

• In custodial investigations, any person under such requires:

for the commission of an offense shall have the 1. Previously established Rules and Principles.
right to be informed of his right to remain silent and (By Constitutional mandate, a primary
to have competent and independent counsel responsibility of the Supreme Court)
preferably of his choice and any confession in violation
of such shall be inadmissible in evidence against him. 2. Concrete Facts, past or present, affecting
determinate individuals. (Brought about by the
Consequences of denial of right to applicant for admission to the bar)
counsel 3. A Decision as to whether the facts are
governed by rules and principles. (Involves
• The denial of such right, which may either be the
judicial adjudication which essentially a
absence of assistance of counsel or the inadequate
function of the court)
and grossly negligent representation may have
adverse results. • To enable the court to properly discharge its
1. Admission of guilt without counsel, responsibility for the efficient and impartial
inadmissible in evidence. administration and to elevate and maintain the
standard of the legal profession requires that it must
2. Representation of a person claiming to be have the primary duty to decide:
lawyer, conviction shall be set aside and a
new trial undertaken. A. Who may be admitted to the bar as one of
its officers.
3. Judgment of conviction even if final and
executor may still be recalled. B. What are the causes for disciplinary action
against him.
4. Gross ignorance of law and procedure by
counsel gives the accused another chance to C. Whether he should be disciplined,
present his evidence. suspended, disbarred, or reinstated.

5. Litigation may be reopened if the

incompetence, ignorance, or inexperience of
• Any legislative or executive judgment substituting that his professional services are available to the public
that of the Supreme Court in the admission to the for compensation, as a source of his livelihood or in
practice of law or suspension, debarment, consideration of his said services.
reinstatement infringes upon and constitutes as an
invalid exercise of the legislative or executive power. 3. Application of law, legal principle, practice, or
Legislative power to repeal, alter, or supplement procedure which calls for legal knowledge, training
and experience.
• The 1935 and 1973 Constitutions provide that the
4. Attorney-client relationship.
Supreme Court shall have the power to promulgate
rules concerning the admission to the practice of law
but may be repealed, altered, or supplemented by
the Batasang Pambansa. C. WHO MAY PRACTICE LAW

• The 1987 Constitution deleted such provision. Persons entitled to practice law, generally

• The legislature may, however, enact laws with • Any person who has been duly licensed as a member
respect to the first requisite for the admission to the of the bar in accordance with the statutory
bar (Previously established Rules and Principles) that requirements and who is in good and regular
applicants should observe. standing is entitled to practice law.

A. The legislature may pass a law for • Two basic statutory requirements:
additional qualifications for candidates for
admission to the practice or filling up 1. Must have been admitted to the bar.
deficiencies in the requirements for admission to 2. After admission, must remain in good and
the bar. regular standing (a continuing requirement).
B. Such law may not, however, be given • Must have been admitted to the bar. A
retroactive effect so as to entitle a person,
not otherwise qualified, to be admitted. lawyer is one who:
C. Such law will not preclude the Supreme 1. Passed the bar exams.
Court from fixing other qualifications and
requirements. 2. Taken the lawyer’s oath before the
Supreme Court en banc.
• Reason: Legislature has no power to grant a
layman the privilege to practice law nor control the 3. Signed in the roll of attorneys.
Supreme Court in its 4. Received a certificate of license to practice
• No valid distinction can be drawn between part of law from the Clerk of Court of the Supreme
the work involving appearance in court and that part Court.
involving advice and drafting of instruments in his 5. Furnished satisfactory proof or educational,
office. moral, and other qualifications.
• Practice of law need not be habitual services in • After Admission he or she must:
litigations in court. A person’s past work experiences
as lawyer-economist, lawyer-manager, lawyer- 1. Remain an IBP member in good standing by
entrepreneur of industry, lawyer-negotiator of regularly paying IBP dues and other lawful
contracts, and lawyer-legislator more than satisfy the assessments.
constitutional requirement for appointment as
Chairman of the COMELEC that he has been 2. Pay annual privilege tax.
engaged in the active practice of law for at least
3. Faithfully observe the rules and ethics of the legal
ten years. (Cayetano v Monsod) profession.

ESSENTIAL CRITERIA 4. Be continually subjected to judicial disciplinary

control.
DETERMINATIVE
• Compulsory membership to the IBP is not violative of a
OF ENGAGING IN THE PRACTICE OF lawyer’s freedom of association. Integration does not
make a lawyer a member of any group of which he is
LAW: (HACA)
already a member. He became a member of the bar
1. Habituality- implies customarily or habitually holding when he passed the Bar Examinations. Bar integration
oneself out to the public as a lawyer does not compel the lawyer to associate with anyone.He
is free to attend or not attend the meetings of his
2. Compensation- implies that one must have Integrated Bar Chapter or vote or refuse to vote in its
presented himself to be in the active practice and
elections as he chooses. The only compulsion to which 1. Possess the required educational
he is subjected is the payment of annual dues. The qualifications.
Supreme Court, in order to further the State’s legitimate
interest in elevating the quality of professional legal 2. Show a degree of learning and proficiency
services, may require that the cost of improving the in law necessary for the due performance of
profession in this fashion be shared by the subjects and the duties of a lawyer.
beneficiaries of the regulatory program — the lawyers [In
• To the lawyer is entrusted the protection of life,
re: Edillon A.M. 1928]
liberty, property, or honor.

• To approve officially one who is not adequately

D. QUALIFICATIONS FOR ADMISSION prepared to such a delicate task is to create a social
danger.
REQUIREMENTS FOR ADMISSION TO THE BAR:
Bar Examination
1. Citizen of the Philippines.
• Subjects chosen for these exams are designed to
2. Resident of the Philippines eliminate any one whose general intelligence,
learning, and mental capacity are inadequate to
3. At least 21 years old
enable him to assume and discharge the duties of an
4. Successfully completed all prescribed courses. attorney.

5. Passed the bar exams. • Passing Grade: A general average of 75% in all
subjects without falling below 50% in any subject.
6. Production before the Supreme Court satisfactory
evidence of: • In determining the average, the subjects given the
following relative
a. Good moral character
weights:
b. No charges against him, involving moral
turpitude, have been filed or are pending in any 1. Civil Law 15%
court in the Philippines.
2. Labor and Social Legislation 10%
Citizenship and Residence
3. Mercantile Law 15%
• Privilege denied to foreigners.
4. Criminal Law 10%
• Takes into account the close connection of the
5. Political and International Law 15%
practice of law with the administration of justice.
6. Taxation 10%
• An alien cannot well maintain allegiance to the
Republic of the Philippines, which is required in the Oath 7. Remedial Law 20%
of a Lawyer.
8. Legal Ethics and Practical Exercises 5%
Good Moral Character
• A candidate who fails for three times is disqualified
• Continued possession of good moral character after from taking another examination, unless he has
admission is a requirement for enjoyment of privilege shown to the satisfaction of the Court that he has:
to practice.
1. Enrolled and passed regular fourth year review
• Moral character is what a person really is as classes;
distinguished from good reputation or opinion generally
entertained of him. 2. Attended a pre-bar review course.

• Includes at least common honesty. E. PROCEDURE FOR ADMISSION

• Opposite of immorality, which is the indifference to Bar Examination Committee

the moral norms of society. • Examinations shall be conducted by a committee of
• This requirement aims to maintain and uphold the bar examiners to be appointed by the Supreme
high moral standard and the dignity of the legal Court. This committee shall be composed of:
profession. 1. A Justice of the Supreme Court, as
Educational qualifications chairman and designated by the court to serve
for one year.
• Public Policy demands that a person seeking
admission to the practice of law must
 2. Eight (8) members of the Philippine bar, objecting to his admission may offer contrary
who shall serve as examiners in the 8 bar evidence to overcome such prima facie showing.
subjects and hold office for a period of one year. Burden of proof shifts to the complainant.
3. Bar Confidant as liaison officer between the Written examinations
Court and Chairman and the Committee
members. Also a deputy clerk of court. • Annual examination.

Application and supporting documents o Examinations for admission to the bar of the
Philippines shall take place annually in the City of
• Time for filing proof of qualifications.All applicants
for admission shall file with the clerk of the Manila.
Supreme Court a duly accomplished application form o They shall be held in four days to be designated by the
together with supporting documents concerning his chairman of the committee on bar examiners.
qualifications at least 15 days before the beginning of
the examination. o The subjects shall be distributed as follows:
• Applicants shall also file at the same time their own 1. 1st day: Political and International Law
affidavits as to their age, residence, and citizenship. (morning), Labor and Social Legislation
(Rule 138, Sec. 7) (afternoon);
• Notice of applications.—Notice of applications for 2. 2nd day: Civil Law (morning),Taxation
admission shall be published by the clerk of the (afternoon);
Supreme Court in newspapers published in Pilipino,
English and Spanish, for at least 10 days before the 3. 3rd day: Mercantile Law (morning) Criminal
beginning of the examination. (Rule 138, sec. 8) Law (afternoon);

• American lawyers in active practice of law in the 4. 4th day: Remedial Law (morning) Legal
Philippines before July 4, 1946 or a Filipino citizen Ethics and Practical Exercises (afternoon).
enrolled as attorney in the United States before July (Rule 138, sec. 11.)
4, 1946, who desires admission without examination
should:
• The questions shall be the same for all examinees.
1. File a petition with the Court along with his
• Examinees shall answer the questions personally
2. License to practice without help from anyone.
3. Evidence that it has not been revoked
• Upon verified application made by an examinee
4. Certificates of professional standing. stating that his penmanship is so poor that it will be
difficult to read his answers without much loss of time,
the Supreme Court may allow such examinee to use
a noiseless typewriter.
Disclosure of involvement in any criminal case
Restrictions to insure integrity in examination
• Applicant must show that no charges against him
involving moral turpitude have been filed or pending 1. An examinee is prohibited from bringing papers,
in court in the Philippines (Rule 138, Sec 2, Rules books or notes into the examination room.
of Court)
2. He is not to communicate with the other
• To enable the court to resolve whether a particular examinees during the exam.
crime involves moral turpitude, applicant must
disclose any crime of which he has been charged. 3. He is not to influence any member of the committee
on bar exams.
• If what has been concealed does not involve moral
turpitude, it is the fact of concealment and not the 4. To keep the examinee’s identity a secret and thus
commission of the crime itself that makes him morally avoid any influence to bear upon the examiner in
unfit. the valuation of his answers:

Burden of proof to show qualifications a. The exam papers shall be identified by

numbers.
• Applicant assumes the burden of proof to establish
b. The name of the examinee is written in a
his qualifications to the satisfaction of the court.
piece of paper and sealed in an envelope.
• After having presented prima facie evidence of his
5. Any candidate who violates any of the rules
qualifications, any one
concerning the conduct of examination will be barred
from taking such and the same will be counted as a reasons, the practice of law not being a matter of state’s
failure against him. grace or favor.

• The conduct of the bar exams involves public • He holds office during good behavior and can only
interest. be deprived of it for misconduct.

• Any charge of anomaly requires prompt action from • The state cannot exclude an attorney from the
the Court to prevent erosion of public faith in the bar practice of law in a manner or for reasons that
and in the court. contravene the due process or equal protection
clause of the Constitution.
Correction and revaluation of grades
• A quasi-judicial or administrative agency cannot
• The bar examiners correct the examination papers restrict a lawyer’s privilege to practice law by
and submit the grades and corrected papers to the bar imposing conditions that amount to discrimination nor
confidant. limit such privilege by requiring the passing of an
examination not sanctioned by law as a prerequisite to
• The bar confidant tallies the individual grades of
appearing before such agency.
every examinee, computes the general average, and
prepares a comparative data showing the percentage • In that sense, the practice of law is in the nature
of passing and failing in relation to a certain average. of a right which cannot be lightly or capriciously
taken away from him.
• Results are submitted to the Examination
Committee and to the Court.

• Any request for revaluation of the answers and the

grades given should be made by the examinee
addressed to the Court

• The rigid requirements and conditions are designed

to admit to its ranks only those who are adequately
prepared, mentally and morally, to discharge the
duties of an attorney.

• The purpose, in the final analysis, is to protect the

public, the court, the client, and the bar from
incompetence and dishonesty of those who are unfit
to become members.

• Only those who are competent, honorable, and

reliable may practice law.
Right and Privilege to practice

• The practice of law is not a natural, property or

constitutional right but a mere privilege.

• It is not a right granted to anyone who demands it but

a privilege to be extended or withheld in the exercise
of sound judicial discretion.

• It is in the nature of a franchise conferred only for

merit which must be earned by hard study, learning
and good conduct.

• It is a privilege accorded only to those who

measure up to certain rigid standards of mental and
moral fitness. Those standards are neither dispensed
with nor lowered after admission.

• The attorney’s continued enjoyment of the privilege

conferred depends upon his complying with the ethics
and rules of the profession.

• But practice of law is in the nature of a right. While the

practice of law is a privilege, a lawyer cannot be
prevented from practicing law except for valid