1_Law

Question 1

What is Law?

Answer 1

In its specific and concrete sense,is a rule of conduct, just and obligatory, formulated by legislative power for common observance and benefit, Lapita vs. Phil, Charity Sweepstakes Office, 60 O.G. 6841, C.A.R. (2s) 704.(Cambray, Legal Technique And Logic, 3)

Question 2

What is law in the general sense?

Answer 2

In the general sense (derecho), law is defined as the science of moral laws based on the rational nature of man.

Question 3

What is law in the specific sense?

Answer 3

In the specific sense (ley), law is is defined as a rule of conduct. These rules of conduct are just and obligatory. They are promulgated by legitimate authority (typically by the Legislature). They are of common observance and benefit.

Question 4

Explain the Doctrine of Constitutional Supremacy/ supremacy of the Constitution

Answer 4

The 1987 Constitution of the Philippines is the fundamental and supreme law of the land and all laws, statutes should adhere to it;

Question 5

Who has authority to admit to the bar?

Answer 5

Inherent of judicial power granted by the constitution is the power to admit applicants to the bar.

Question 6

Requisites for the exercise of power to admit to the bar

Answer 6

1. previously established rules and principles (constitution)
2. concrete facts (brought about by applying for admission to bar)
3. decision as to whether facts are governed by rules and principles (judicial adjudication)

Question 7

What constitutes practice of law?

Answer 7

The practice of law means to engage in activity in and out of court, which requires the application of law, legal principle, practice or procedure and calls for legal knowledge, training and experience.

• includes preparation of legal instruments and contracts, legal advising
• presupposes an attorney-client relationship.

Question 8

What are the characteristics of the term “practice of law”?

Answer 8

-implies habitually holding oneself out to the public as a lawyer for compensation as a source of livelihood in consideration of his service.

Question 9

What is “private practice”

Answer 9

-consists of frequent or customary actions, habitually holding oneself out to the public as a lawyer.

Question 10

Criteria for “practice of law” set by the Commission on Appointment quoted by Justice Padilla in the case of Cayetano vs. Monsod

Answer 10

1. Habituality: Practice of law implies customarily or habitually holding oneself out to the public as a lawyer.
2. Compensation- services are available for the public for compensation, as a source of livelihood
3. Application of law, legal principle, practice of procedure which calls for legal knowledge, training and experience.
4. Attorney-client relationship- presupposed existence in practice of law.

Question 11

Who may practice law?

Answer 11

1. Duly licensed member of the IBP;

2. In good and regular standing

Question 12

What are the operative acts necessary for one to become a duly licensed member of the IBP?

Answer 12

1. Furnish satisfactory proof of educational, moral and other qualification;
2. Pass the bar exam
3. Take lawyer’s oath before the Supreme Court;
4. Sign the Roll of Attorneys and receive license to practice.

Question 13

What does “In good and regular standing” means?

Answer 13

1. remain a member of the IBP;
2. regularly pay all IBP fees;
3. faithfully observe rules and ethics of profession;
4. be continually subject to judicial disciplinary control