Legal Opinion/Memorandum For: Mr. Juan Dela Cruz From: James J.

Bernal Date: June 28, 2011 Re: Admission to the Practice of Law in the Philippines Dear Mr. Dela Cruz: You have asked our office to render legal advice based on the following facts: Your son, Thomas, passed the 2010 Philippine Bar Examination. Unfortunately, he died of a car accident before he could take his oath. Knowing that it is your sons long time dream to be a lawyer, you want to put the title Atty. in his grave. Clearly, the issues here that must be resolved to guide you are the following: 1. What Constitutes practice of law. 2. Who can be admitted to the practice of law? 3. Is it feasible to petition the Supreme Court to put the title Atty. to the name of Thomas in his grave? In my opinion, you are precluded from putting the title Atty. in your sons grave. First and foremost, there is a need to define the word attorney from which the prefix Atty. was abbreviated. Black defines attorney as: In the most general sense this term denotes an agent, or substitute, or one who is appointed or authorized to act in the place or stead of another. In its most common usage, however, unless a contrary meaning is clearly intended, this term means attorney at law, lawyer or counselor at law. (Blacks Law Dictionary, 6th ed.) (1) In the case of your son, the title Atty. that is being sought pertains to the title attorney at law which refers to a person admitted to practice law in his respective state and authorized to perform both civil and criminal legal functions for clients, including drafting of legal documents, giving of legal advice, and representing such before courts, administrative agencies, boards, etc. (Ibid.) At this point, it might be helpful to determine what constitutes the practice of law. The Supreme Court has defined practice of law, in Cayetano v. Monsod,(2) as: Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. "To engage in the practice of law is to perform those acts which are characteristics of the profession. Generally, to practice law 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.

Necessarily, there is also a need to identify who can be admitted to the practice of law here in the Philippines. This question is expressly provided under Section 1, Rule 138 of the Rules of Court which reads as follows: Section 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. Rule 138 of the Rules of Court further provides the following requirements for the admission as a member of the bar and, in effect, would entitle such member to practice law in this country. Its provisions read as follows: Section 17. Admission and oath of successful applicants. An applicant who has passed the required examination, or has been otherwise found to be entitled to admission to the bar, shall take and subscribe before the Supreme Court the corresponding oath of office. Section 18. Certificate. The supreme Court shall thereupon admit the applicant as a member of the bar for all the courts of the Philippines, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the clerk of court, which certificate shall be his authority to practice. Moreover, in the case of Alawi v. Alauya, the Supreme Court decreed that the title of "attorney" is reserved to those who, having obtained the necessary degree in the study of law and successfully taken the Bar Examinations, have been admitted to the Integrated Bar of the Philippines and remain members thereof in good standing; and it is they only who are authorized to practice law in this jurisdiction. Apparently, based on the abovementioned facts, only those people who have been admitted to the Integrated Bar of the Philippines (IBP) can use the title Attorney or Atty.. Oath taking, as provided by law, is a requirement before one can be admitted in the IBP as provided in Sections 17 and 18 of the Rules of Court. In my opinion, it would be futile to petition before the Supreme Court because to allow you to put the title Atty. In Thomass grave because such would be tantamount to judicial legislation. As provided for in Article VI of our 1987 Constitution, the power to enact laws is lodged primarily with our legislative department and the responsibility of the judiciary is simply to interpret laws. Hence, considering the case at bar, the Supreme Court has no power to allow you to put the title Atty. In your sons grave. The only feasible recourse of action for you to do is to lobby before the Congress that they may legislate laws in order to allow such act. I hope that my advice is helpful to you and should you have any other legal concerns please feel free to contact me. Very truly yours, James J. Bernal