Practice of Law

any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. It is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill. (Cayetano v. Monsod, GR. 100113, September 3, 1991)

- Activity in or out of court

- Application of legal knowledge or skill

Padilla (dissent in Cayetano v. Monsod): There are four factors which determine the practice of law. (HACA)

1. Habituality customarily or frequently holding ones self out to the public as a lawyer

2. Application of law, legal principles, practice, or procedure calls for legal knowledge, training and experience

3. Compensation his professional services are available to the public for compensation, as a service of his livelihood or in consideration of his said services

4. Attorney-client relationship for Padilla, teaching law or writing law books are not considered practice of law.

Giving advice for compensation regarding the legal status and rights of another and for ones conduct with respect thereto constitutes practice of law. (Ulep v. Legal Clinic, Bar Matter No. 553, June 17, 1993)

Prohibition form Practice

1. Relative Prohibition

a. Senators and members of the House of Representatives (prohibition to appear) (Art VI, Sec. 14, 1987 Consti.)

b. Members of the Sanggunian (RA No. 7160, Sec. 91)

2. Absolute Prohibition

a. Judges and other officials as employees of the Superior Court (Rule 148, Sec. 35, RRC)

b. Officials and employees of the OSG

c. Government prosecutors (People v. Villanueva, 14 SCRA 109)

d. Pres., Vice-Pres., members of the cabinet, their deputies and assistants, (Art. VIII,Sec. 15, 1987 Consti.)

e. Chairmen and Members of the Constitutional Commissions (Art. IX-A, Sec. 2, 1987 Constitution)

f. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par.), 1987 Constitution)

g. Solicitor general and assistant solicitor generals

h. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90)

i. Those who, by special law, are prohibited from engaging in the practice of their legal profession

3. Special restrictions

a. Retired judges (RA 910, Sec. 1, as amended)

A retired justice or judge receiving a pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office.

Requirements for Admission to Practice (CRAGEBO)

Citizenship

Residence

Age (above 21 yrs)

Good Moral Character and no charges against involving moral turputide

Legal Education (pre-law, law proper)

Bar Examinations

Rule 138, Sec. 1. Who may practice law. Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law