LEGAL PROFESSION  When an offense had just

been committed, and the

PNP/NBI has personal
What is “Legal Profession”? – It is a branch of
knowledge of facts that
the administration of justice whose main the person had
purpose is to aid in the doing of justice committed it
according to the law between state and the  When the person who
committed the offense
individual and between man and man. escaped from a penal
establishment/place
Components of the Legal System where he is serving
judgement, or temporarily
1. Substance - say confined while the case is
2. Structure - apply still pending, or has
escaped while being
3. Culture – interpret
transferred to one
confinement to the other
Pillars of the Criminal Justice System
The criminal justice system, essentially, is the system or Any person who—while in
process in the community by which crimes are
custody or otherwise deprived
investigated, and the persons suspected thereof are
taken into custody, prosecuted in court and punished, if of liberty—is under
found guilty, provisions being made for their correction investigation for the
and rehabilitation. commission of an offense, has
the following constitutional
1. Law enforcement process – consists of rights, among others:
the PNP and NBI. Their duty is to: a) Has to be informed
a) Investigate the crime through about his right to
surveillance/observation of remain silent. The
suspects. Interviewing persons, indigent must be
taking photographs, arranging provided with a
entrapment, searching counsel. These rights
premises and persons subject cannot be waived
to constitutional/statutory b) No vitiation of consent
safeguards, examining from torture/violent
public/available records. They means
collect evidence for c) confession or admission
prosecution. obtained in violation of
b) Arrest suspects by virtue of a the foregoing shall be
warrant of arrest issued by a inadmissible in
judge on the basis of evidence evidence against him
submitted by them or under c) Refer the case and the suspects to the Office
circumstances justifying a of the Public Prosecutor or Municipal Trial Court
warrantee’s arrest. Must be for preliminary investigation or directly to the
lawful. Municipal Trial Court for trial and judgment.
Arrests that can be made without a
warrant: 2. The community - law enforcers (policemen,
 When the crime was
committed in the traffic enforcers, NBI agents, PDEA agents, COA
presence of the PNP/NBI auditors, Ombudsman fact-finding investigators,
etc.); prosecutors (DOJ and Ombudsman  Sandiganbayan - for crimes
prosecutors/investigators); judges (Municipal committed by government
Trial Courts, Regional Trial Courts and Sharia officials with salary grade 27, as
Courts); justices (Sandiganbayan, Court of Tax well as for appeals for RTC
Appeals and the Supreme Court); and decisions for gov’t officials with
correction officials and personnel (municipal salary 27
jails, provincial jails, city jails, the Bureau of  Court of Appeals - for appeals
Corrections [Muntinlupa] and other correctional from the decisions of the
facilities). Regional Trial Courts in criminal
cases against non-government
The community can also consist of victims of
people
crimes.
 Supreme Court - for appeals
It is the source of information about the from the decisions of the Court
commission of a crime. It is where the witnesses of Appeals, Sandiganbayan and
come from. automatic review of decisions
of the Regional Trial Courts and
3. The Prosecution - City, Provincial and
the Sandiganbayan where the
Regional State Prosecutors of the Department
penalty imposed is reclusion
of Justice, and the investigators and prosecutors
perpetua or death
of the Office of the Ombudsman.
5. Corrections
Preliminary Investigations – if not caught in the  Various jails
act  Correctional facilities
 While a criminal case is pending
Inquest proceedings – caught in the act
in court, the accused must be
.. in order to determine whether or not there is detained unless he posts a bail
a reasonable ground for arrest. bond for his provisional liberty
and if the offense is bailable.
The prosecutor/fiscal prosecutes people who do
 After conviction, the convict will
not work under government while the
be sent to the Bureau of
Ombudsman prosecutes people who work in
Corrections to serve his
the government; but fiscals can also prosecute
sentence.
people under the government under the
 Correction officials are
discretion of the ombudsman. Prosecutor
instructed to see to it that the
becomes lawyer of the state.
convict is reformed and is able
4. The courts – to re-integrate himself into the
 Municipal Trial Courts - for community after serving his
crimes punishable for not more sentence
than 6 years CAYETANO v. MONSOD| 201 SCRA 21 |September
 Sharia Courts - ARMM, 1991
violations of the Muslim Code Facts: Respondent Christian Monsod was nominated by
President Corazon C. Aquino to the position of
 Regional Trial Courts- For chairman of the COMELEC. Petitioner opposed the
crimes punishable for more nomination because allegedly Monsod does not posses
than 6 years, for appeals from required qualification of having been engaged in the
practice of law for at least ten years. The 1987
MTC decisions
constitution provides in Section 1, Article IX-C: There board or officer, to represent indigent clients accepted
shall be a Commission on Elections composed of a by the legal clinic of the law school.
Chairman and six Commissioners who shall be natural- Section 2. Appearance. — The appearance of the law
born citizens of the Philippines and, at the time of their student authorized by this rule, shall be under the
appointment, at least thirty-five years of age, holders of direct supervision and control of a member of the
a college degree, and must not have been candidates Integrated Bar of the Philippines duly accredited by the
for any elective position in the immediately preceding law school. Any and all pleadings, motions, briefs,
elections. However, a majority thereof, including the memoranda or other papers to be filed, must be signed
Chairman, shall be members of the Philippine Bar who by the supervising attorney for and in behalf of the
have been engaged in the practice of law for at least legal clinic.
ten years. Section 3. Privileged communications. — The Rules
safeguarding privileged communications between
Issue: Whether the respondent does not possess the attorney and client shall apply to similar
required qualification of having engaged in the practice communications made to or received by the law
of law for at least ten years. student, acting for the legal clinic.
Section 4. Standards of conduct and supervision. — The
Held: In the case of Philippine Lawyers Association vs. law student shall comply with the standards of
Agrava, stated: The practice of law is not limited to the professional conduct governing members of the Bar.
conduct of cases or litigation in court; it embraces the Failure of an attorney to provide adequate supervision
preparation of pleadings and other papers incident to of student practice may be a ground for disciplinary
actions and special proceeding, the management of action. (Circular No. 19, dated December 19, 1986).
such actions and proceedings on behalf of clients before
judges and courts, and in addition, conveying. In
general, all advice to clients, and all action taken for IN RE CUNANAN | 94 PHIL. 534
them in matters connected with the law incorporation FACTS:
services, assessment and condemnation services, Congress passed Rep. Act No. 972, or what is known as
contemplating an appearance before judicial body, the the Bar Flunkers Act, in 1952. The title of the law was,
foreclosure of mortgage, enforcement of a creditor’s “An Act to Fix the Passing Marks for Bar Examinations
claim in bankruptcy and insolvency proceedings, and from 1946 up to and including 1955.”
conducting proceedings in attachment, and in matters Section 1 provided the following passing marks:
of estate and guardianship have been held to constitute 1946-1951………………70%
law practice. Practice of law means any activity, in or 1952 …………………….71%
out court, which requires the application of law, legal 1953……………………..72%
procedure, knowledge, training and experience. 1954……………………..73%
1955……………………..74%
The contention that Atty. Monsod does not possess the Provided however, that the examinee shall have no
required qualification of having engaged in the practice grade lower than 50%.
of law for at least ten years is incorrect since Atty. Section 2 of the Act provided that “A bar candidate who
Monsod’s past work experience as a lawyer-economist, obtained a grade of 75% in any subject shall be deemed
a lawyer-manager, a lawyer-entrepreneur of industry, a to have already passed that subject and the
lawyer-negotiator of contracts, and a lawyer-legislator grade/grades shall be included in the computation of
of both rich and the poor – verily more than satisfy the the general average in subsequent bar examinations.”
constitutional requirement for the position of COMELEC ISSUE:
chairman, The respondent has been engaged in the Whether of not, R.A. No. 972 is constitutional.
practice of law for at least ten years does In the view of RULING:
the foregoing, the petition is DISMISSED. Section 2 was declared unconstitutional due to the fatal
defect of not being embraced in the title of the Act. As
per its title, the Act should affect only the bar flunkers
RULE 138-A of 1946 to 1955 Bar examinations. Section2 establishes
Law Student Practice Rule a permanent system for an indefinite time. It was also
Section 1. Conditions for student practice. — A law struck down for allowing partial passing, thus failing to
student who has successfully completed his 3rd year of take account of the fact that laws and jurisprudence are
the regular four-year prescribed law curriculum and is not stationary.
enrolled in a recognized law school's clinical legal As to Section1, the portion for 1946-1951 was declared
education program approved by the Supreme Court, unconstitutional, while that for 1953 to 1955 was
may appear without compensation in any civil, criminal declared in force and effect. The portion that was
or administrative case before any trial court, tribunal, stricken down was based under the following reasons:
 1. The law itself admits that the candidates for attorney as conditions sine qua non to the practice of
admission who flunked the bar from 1946 to law and the retention of his name in the Roll of
1952 had inadequate preparation due to the Attorneys of the Supreme Court.” The term “Bar” refers
fact that this was very close to the end of to the collectivity of all persons whose names appear in
World War II; the Roll of Attorneys. An Integrated Bar (or unified Bar)
2. The law is, in effect, a judgment revoking the perforce must include all lawyers.
resolution of the court on the petitions of the Complete unification is not possible unless it is decreed
said candidates; by an entity with power to do so; the State. Bar
3. The law is an encroachment on the Court’s integration therefore, signifies the setting up by
primary prerogative to determine who may government authority of a national organization of the
be admitted to practice of law and, therefore, legal profession based on the recognition of the lawyer
in excess of legislative power to repeal, alter as an officer of the court.
and supplement the Rules of Court. The rules Designed to improve the positions of the Bar as an
laid down by Congress under this power are instrumentality of justice and the rule of law,
only minimum norms, not designed to integration fosters cohesion among lawyers, and
substitute the judgment of the court on who ensures, through their own organized action and
can practice law; and participation, the promotion of the objectives of the
4. The pretended classification is arbitrary and legal profession, pursuant to the principle of maximum
amounts to class legislation. Bar autonomy with minimum supervision and
As to the portion declared in force and effect, the Court regulation by the Supreme Court.
could not muster enough votes to declare it void. On the first issue, the Court held that it may integrate
Moreover, the law was passed in 1952, to take effect in the Bar in the exercise of its power “to promulgate
1953. Hence, it will not revoke existing Supreme Court rules concerning pleading, practice, and procedure in all
resolutions denying admission to the bar of an courts, and the admission to the practice of law.”
petitioner. The same may also rationally fall within the Indeed, the power to integrate is an inherent part of
power to Congress to alter, supplement or modify rules the Court’s constitutional authority over the Bar.
of admission to the practice of law. The second issue hinges on the following constitutional
rights: freedom of association and of speech, as well as
the nature of the dues exacted from the lawyer, i.e.,
whether or not the Court thus levies a tax. The Court
IN THE MATTER OF THE INTEGRATION OF THE held:
INTEGRATED BAR OF THE PHILIPPINES |49 SCRA 22 1. Integration is not violative of freedom of
FACTS: association because it does not compel a
Republic Act. No. 6397 entitled “An Act Providing for lawyer to become a member of any group of
the Integration of the Philippine Bar and Appropriating which he is not already a member. All that it
Funds Therefore” was passed in September 1971, does is “to provide an official national
ordaining “Within two years from the approval of this organization for the well-defined but
Act, the Supreme Court may adopt rules of court to unorganized and incohesive group of which
effect the integration of the Philippine Bar.” The every lawyer is already a member.” The
Supreme Court formed a Commission on Bar lawyer too is not compelled to attend
Integration and in December 1972, the Commission meetings, participate of activities, etc. The
earnestly recommended the integration of the bar. The only compulsion is the payment of annual
Court accepted all comments on the proposed dues. Assuming, however, that it does compel
integration. a lawyer to be a member of an integrated bar,
ISSUES: the court held that “such compulsion is
1. Does the Court have the power to integrate justified as an exercise of the police power of
the Philippine bar? the state”
2. Would the integration of the bar be 2. Integration is also not violative of the
constitutional? freedom of speech just because dues paid b
3. Should the Court ordain the integration of the the lawyer may be used for projects or
bar at this time? programs, which the lawyer opposes. To rule
RULING: otherwise would make every government
In ruling on the issues raised, the Court first adopted exaction a “free speech issue.” Furthermore,
the definition given by the Commission to “integration” the lawyer is free to voice out his objections
in this wise: “Integration of the Philippine Bar means to positions taken by the integrated bar.
the official unification of the entire lawyer population 3. The dues exacted from lawyers is not in the
of the Philippines. This requires membership and nature of a levy but is purely for purposes of
financial support (in reasonable amount) of every regulation.
As to the third issue, the Court believes in the  the completion of at least 36 credit hours of
timeliness of the integration. Survey showed an mandatory continuing legal education; this is
overwhelming majority of lawyers who favored specially significant to refresh the
integration. applicant/petitioner’s knowledge of
Philippine laws and update him of legal
developments and
PETITION FOR LEAVE TO RESUME PRACTICE OF LAW |  the retaking of the lawyer’s oath.
DECEMBER 17,2007
FACTS
Petitioner was admitted to the Philippine bar in March
1960. He practiced law until he migrated to Canada in
December 1998 to seek medical attention for his
ailments. He subsequently applied for Canadian
citizenship to avail of Canada’s free medical aid
program. His application was approved and he became
a Canadian citizen in May 2004.
In July 2006, pursuant to Republic Act (RA) 9225
(Citizenship Retention and Re-Acquisition Act of 2003),
petitioner reacquired his Philippine citizenship. On that
day, he took his oath of allegiance as a Filipino citizen
before the Philippine Consulate General in Toronto,
Canada. Thereafter, he returned to the Philippines and
now intends to resume his law practice.
ISSUE
Whether petitioner may still resume practice?
RULING
Section 2, Rule 138 of the Rules of Court provides an
applicant for admission to the bar be a citizen of the
Philippines, at least twenty-one years of age, of good
moral character and a resident of the Philippines.5 He
must also produce before this Court satisfactory
evidence of good moral character and that no charges
against him, involving moral turpitude, have been filed
or are pending in any court in the Philippines.
Since Filipino citizenship is a requirement for admission
to the bar, loss thereof terminates membership in the
Philippine bar and, consequently, the privilege to
engage in the practice of law. In other words, the loss
of Filipino citizenship ipso jure terminates the privilege
to practice law in the Philippines. The practice of law is
a privilege denied to foreigners.
The exception is when Filipino citizenship is lost by
reason of naturalization as a citizen of another country
but subsequently reacquired pursuant to RA 9225. This
is because “all Philippine citizens who become citizens
of another country shall be deemed not to have lost
their Philippine citizenship under the conditions of [RA
9225].” Therefore, a Filipino lawyer who becomes a
citizen of another country is deemed never to have lost
his Philippine citizenship if he reacquires it in
accordance with RA 9225.
Before he can can resume his law practice, he must first
secure from this Court the authority to do so,
conditioned on:
 the updating and payment of of IBP
membership dues;
 the payment of professional tax;