CANON 2: Whether or not Respondent The Legal Clinic Inc.

should be prohibited from posting

and publishing such advertisements similar to Annex A and B

FACTS:
- Respondent The Legal Clinic Inc. posted and published the following advertisements:
Annex A

SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.
THE Please call: 521-0767 LEGAL 5217232, 5222041 CLINIC, INC. 8:30 am 6:00 pm 7Flr. Victoria Bldg., UN Ave., Mla.

Annex B

GUAM DIVORCE.
DON PARKINSON
an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through The Legal Clinic
beginning Monday to Friday during office hours.
Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext. Quota/Non-quota
Res. & Special Retiree's Visa. Declaration of Absence. Remarriage to Filipina Fiancees.
Adoption. Investment in the Phil. US/Foreign Visa for Filipina Spouse/Children. Call Marivic.
THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US Embassy CLINIC, INC. 1
Tel. 521-7232; 521-7251; 522-2041; 521-0767

a) Petitioners Arguments (Ulep Win)

- Filed a petition in SC to prohibit respondent from posting and publishing such advertisements
for they are champterous, unethical, demeaning of the law profession, and destructive of the
confidence of the community in the integrity of the members of the bar and that, as a member of
the legal profession, he is ashamed and offended by the said advertisements

b) Respondents Arguments (The Legal Clinic Inc. - Lost)

- Argued that it is not engaged in the practice of law but in the rendering of "legal support
services" through paralegals with the use of modern computers and electronic machines

ISSUE:
- Whether or not Respondent The Legal Clinic Inc. should be prohibited from posting and
publishing such advertisements similar to Annex A and B

RULING:
Conclusion:
- Respondent The Legal Clinic Inc. is prohibited from posting and publishing such
advertisements similar to Annex A and B. The petition is granted.
Rule:
- Practice of law means any activity, in or out of court, which requires the application of law,
legal procedures, knowledge, training and experience. To engage in the practice of law is to
perform those acts which are characteristic of the profession. Generally, to practice law is to give
advice or render any kind of service that involves legal knowledge or skill. 12
- The practice of law is not limited to the conduct of cases in court. It includes legal advice and
counsel, and the preparation of legal instruments and contract by which legal rights are secured,
although such matter may or may not be pending in a court. 13

- In the practice of his profession, a licensed attorney at law generally engages in three principal
types of professional activity: legal advice and instructions to clients to inform them of their
rights and obligations, preparation for clients of documents requiring knowledge of legal
principles not possessed by ordinary layman, and appearance for clients before public tribunals
which possess power and authority to determine rights of life, liberty, and property according to
law, in order to assist in proper interpretation and enforcement of law
- Public policy requires that the practice of law be limited to those individuals found duly
qualified in education and character. The permissive right conferred on the lawyers is an
individual and limited privilege subject to withdrawal if he fails to maintain proper standards of
moral and professional conduct. The purpose is to protect the public, the court, the client and the
bar from the incompetence or dishonesty of those unlicensed to practice law and not subject to
the disciplinary control of the court.
- The Code of Professional Responsibility provides that a lawyer in making known his legal
services shall use only true, honest, fair, dignified and objective information or statement of
facts. 33 He is not supposed to use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or
legal services
- The standards of the legal profession condemn the lawyer's advertisement of his talents. A
lawyer cannot, without violating the ethics of his profession. advertise his talents or skill as in a
manner similar to a merchant advertising his goods. 37 The prescription against advertising of
legal services or solicitation of legal business rests on the fundamental postulate that the that the
practice of law is a profession
Application:
- In this case, the contention of respondent that it merely offers legal support services can neither
be seriously considered nor sustained. Said proposition is belied by respondent's own description
of the services it has been offering
- That activity falls squarely within the jurisprudential definition of "practice of law." Such a
conclusion will not be altered by the fact that respondent corporation does not represent clients in
court since law practice, as the weight of authority holds, is not limited merely giving legal
advice, contract drafting and so forth
Conclusion:
- Thus, Respondent The Legal Clinic Inc. is prohibited from posting and publishing such
advertisements similar to Annex A and B

Republic of the Philippines

SUPREME COURT
Manila
EN BANC

Bar Matter No. 553 June 17, 1993

MAURICIO C. ULEP, petitioner,
vs.
THE LEGAL CLINIC, INC., respondent.
R E SO L U T I O N

REGALADO, J.:
Petitioner prays this Court "to order the respondent to cease and desist from issuing
advertisements similar to or of the same tenor as that of annexes "A" and "B" (of said petition)
and to perpetually prohibit persons or entities from making advertisements pertaining to the
exercise of the law profession other than those allowed by law."
The advertisements complained of by herein petitioner are as follows:
Annex A
SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.
THE Please call: 521-0767 LEGAL 5217232, 5222041 CLINIC, INC. 8:30 am
6:00 pm 7-Flr. Victoria Bldg., UN Ave., Mla.
Annex B
GUAM DIVORCE.
DON PARKINSON

an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through The

Legal Clinic beginning Monday to Friday during office hours.
Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext.
Quota/Non-quota Res. & Special Retiree's Visa. Declaration of Absence.
Remarriage to Filipina Fiancees. Adoption. Investment in the Phil. US/Foreign
Visa for Filipina Spouse/Children. Call Marivic.
THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US Embassy
CLINIC, INC. 1 Tel. 521-7232; 521-7251; 522-2041; 521-0767
It is the submission of petitioner that the advertisements above reproduced are champterous,
unethical, demeaning of the law profession, and destructive of the confidence of the community
in the integrity of the members of the bar and that, as a member of the legal profession, he is
ashamed and offended by the said advertisements, hence the reliefs sought in his petition as
hereinbefore quoted.
In its answer to the petition, respondent admits the fact of publication of said advertisement at its
instance, but claims that it is not engaged in the practice of law but in the rendering of "legal
support services" through paralegals with the use of modern computers and electronic machines.
Respondent further argues that assuming that the services advertised are legal services, the act of
advertising these services should be allowed supposedly
in the light of the case of John R. Bates and Van O'Steen vs. State Bar of Arizona, 2 reportedly
decided by the United States Supreme Court on June 7, 1977.
Considering the critical implications on the legal profession of the issues raised herein, we
required the (1) Integrated Bar of the Philippines (IBP), (2) Philippine Bar Association (PBA),
(3) Philippine Lawyers' Association (PLA), (4) U.P. Womens Lawyers' Circle (WILOCI), (5)
Women Lawyers Association of the Philippines (WLAP), and (6) Federacion International de
Abogadas (FIDA) to submit their respective position papers on the controversy and, thereafter,
their memoranda. 3 The said bar associations readily responded and extended their valuable
services and cooperation of which this Court takes note with appreciation and gratitude.
The main issues posed for resolution before the Court are whether or not the services offered by
respondent, The Legal Clinic, Inc., as advertised by it constitutes practice of law and, in either
case, whether the same can properly be the subject of the advertisements herein complained of.
RULING
Before proceeding with an in-depth analysis of the merits of this case, we deem it proper and
enlightening to present hereunder excerpts from the respective position papers adopted by the

aforementioned bar associations and the memoranda submitted by them on the issues involved in
this bar matter.
1. Integrated Bar of the Philippines:
xxx xxx xxx
Notwithstanding the subtle manner by which respondent endeavored to
distinguish the two terms, i.e., "legal support services" vis-a-vis "legal services",
common sense would readily dictate that the same are essentially without
substantial distinction. For who could deny that document search, evidence
gathering, assistance to layman in need of basic institutional services from
government or non-government agencies like birth, marriage, property, or
business registration, obtaining documents like clearance, passports, local or
foreign visas, constitutes practice of law?
xxx xxx xxx
The Integrated Bar of the Philippines (IBP) does not wish to make issue with
respondent's foreign citations. Suffice it to state that the IBP has made its position
manifest, to wit, that it strongly opposes the view espoused by respondent (to the
effect that today it is alright to advertise one's legal services).
The IBP accordingly declares in no uncertain terms its opposition to respondent's
act of establishing a "legal clinic" and of concomitantly advertising the same
through newspaper publications.
The IBP would therefore invoke the administrative supervision of this Honorable
Court to perpetually restrain respondent from undertaking highly unethical
activities in the field of law practice as aforedescribed. 4
xxx xxx xxx
A. The use of the name "The Legal Clinic, Inc." gives the impression that
respondent corporation is being operated by lawyers and that it renders legal
services.
While the respondent repeatedly denies that it offers legal services to the public,
the advertisements in question give the impression that respondent is offering
legal services. The Petition in fact simply assumes this to be so, as earlier
mentioned, apparently because this (is) the effect that the advertisements have on
the reading public.

The impression created by the advertisements in question can be traced, first of

all, to the very name being used by respondent "The Legal Clinic, Inc." Such a
name, it is respectfully submitted connotes the rendering of legal services for
legal problems, just like a medical clinic connotes medical services for medical
problems. More importantly, the term "Legal Clinic" connotes lawyers, as the
term medical clinic connotes doctors.
Furthermore, the respondent's name, as published in the advertisements subject of
the present case, appears with (the) scale(s) of justice, which all the more
reinforces the impression that it is being operated by members of the bar and that
it offers legal services. In addition, the advertisements in question appear with a
picture and name of a person being represented as a lawyer from Guam, and this
practically removes whatever doubt may still remain as to the nature of the
service or services being offered.
It thus becomes irrelevant whether respondent is merely offering "legal support
services" as claimed by it, or whether it offers legal services as any lawyer
actively engaged in law practice does. And it becomes unnecessary to make a
distinction between "legal services" and "legal support services," as the
respondent would have it. The advertisements in question leave no room for doubt
in the minds of the reading public that legal services are being offered by lawyers,
whether true or not.
B. The advertisements in question are meant to induce the performance of acts
contrary to law, morals, public order and public policy.
It may be conceded that, as the respondent claims, the advertisements in question
are only meant to inform the general public of the services being offered by it.
Said advertisements, however, emphasize to Guam divorce, and any law student
ought to know that under the Family Code, there is only one instance when a
foreign divorce is recognized, and that is:
Article 26. . . .
Where a marriage between a Filipino citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry under Philippine
Law.

It must not be forgotten, too, that the Family Code (defines) a marriage as
follows:
Article 1. Marriage is special contract of permanent union between
a man and woman entered into accordance with law for the
establishment of conjugal and family life. It is the foundation of
the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject
to stipulation, except that marriage settlements may fix the
property relation during the marriage within the limits provided by
this Code.
By simply reading the questioned advertisements, it is obvious that the message
being conveyed is that Filipinos can avoid the legal consequences of a marriage
celebrated in accordance with our law, by simply going to Guam for a divorce.
This is not only misleading, but encourages, or serves to induce, violation of
Philippine law. At the very least, this can be considered "the dark side" of legal
practice, where certain defects in Philippine laws are exploited for the sake of
profit. At worst, this is outright malpractice.
Rule 1.02. A lawyer shall not counsel or abet activities aimed at
defiance of the law or at lessening confidence in the legal system.
In addition, it may also be relevant to point out that advertisements such as that
shown in Annex "A" of the Petition, which contains a cartoon of a motor vehicle
with the words "Just Married" on its bumper and seems to address those planning
a "secret marriage," if not suggesting a "secret marriage," makes light of the
"special contract of permanent union," the inviolable social institution," which is
how the Family Code describes marriage, obviously to emphasize its sanctity and
inviolability. Worse, this particular advertisement appears to encourage marriages
celebrated in secrecy, which is suggestive of immoral publication of applications
for a marriage license.
If the article "Rx for Legal Problems" is to be reviewed, it can readily be
concluded that the above impressions one may gather from the advertisements in
question are accurate. The Sharon Cuneta-Gabby Concepcion example alone
confirms what the advertisements suggest. Here it can be seen that criminal acts
are being encouraged or committed
(a bigamous marriage in Hong Kong or Las Vegas) with impunity simply because
the jurisdiction of Philippine courts does not extend to the place where the crime
is committed.

Even if it be assumed, arguendo, (that) the "legal support services" respondent

offers do not constitute legal services as commonly understood, the
advertisements in question give the impression that respondent corporation is
being operated by lawyers and that it offers legal services, as earlier discussed.
Thus, the only logical consequence is that, in the eyes of an ordinary newspaper
reader, members of the bar themselves are encouraging or inducing the
performance of acts which are contrary to law, morals, good customs and the
public good, thereby destroying and demeaning the integrity of the Bar.
xxx xxx xxx
It is respectfully submitted that respondent should be enjoined from causing the
publication of the advertisements in question, or any other advertisements similar
thereto. It is also submitted that respondent should be prohibited from further
performing or offering some of the services it presently offers, or, at the very
least, from offering such services to the public in general.
The IBP is aware of the fact that providing computerized legal research, electronic
data gathering, storage and retrieval, standardized legal forms, investigators for
gathering of evidence, and like services will greatly benefit the legal profession
and should not be stifled but instead encouraged. However, when the conduct of
such business by non-members of the Bar encroaches upon the practice of law,
there can be no choice but to prohibit such business.
Admittedly, many of the services involved in the case at bar can be better
performed by specialists in other fields, such as computer experts, who by reason
of their having devoted time and effort exclusively to such field cannot fulfill the
exacting requirements for admission to the Bar. To prohibit them from
"encroaching" upon the legal profession will deny the profession of the great
benefits and advantages of modern technology. Indeed, a lawyer using a computer
will be doing better than a lawyer using a typewriter, even if both are (equal) in
skill.
Both the Bench and the Bar, however, should be careful not to allow or tolerate
the illegal practice of law in any form, not only for the protection of members of
the Bar but also, and more importantly, for the protection of the public.
Technological development in the profession may be encouraged without
tolerating, but instead ensuring prevention of illegal practice.
There might be nothing objectionable if respondent is allowed to perform all of its
services, but only if such services are made available exclusively to members of

the Bench and Bar. Respondent would then be offering technical assistance, not
legal services. Alternatively, the more difficult task of carefully distinguishing
between which service may be offered to the public in general and which should
be made available exclusively to members of the Bar may be undertaken. This,
however, may require further proceedings because of the factual considerations
involved.
It must be emphasized, however, that some of respondent's services ought to be
prohibited outright, such as acts which tend to suggest or induce celebration
abroad of marriages which are bigamous or otherwise illegal and void under
Philippine law. While respondent may not be prohibited from simply
disseminating information regarding such matters, it must be required to include,
in the information given, a disclaimer that it is not authorized to practice law, that
certain course of action may be illegal under Philippine law, that it is not
authorized or capable of rendering a legal opinion, that a lawyer should be
consulted before deciding on which course of action to take, and that it cannot
recommend any particular lawyer without subjecting itself to possible sanctions
for illegal practice of law.
If respondent is allowed to advertise, advertising should be directed exclusively at
members of the Bar, with a clear and unmistakable disclaimer that it is not
authorized to practice law or perform legal services.
The benefits of being assisted by paralegals cannot be ignored. But nobody should
be allowed to represent himself as a "paralegal" for profit, without such term
being clearly defined by rule or regulation, and without any adequate and
effective means of regulating his activities. Also, law practice in a corporate form
may prove to be advantageous to the legal profession, but before allowance of
such practice may be considered, the corporation's Article of Incorporation and
By-laws must conform to each and every provision of the Code of Professional
Responsibility and the Rules of Court. 5
2. Philippine Bar Association:
xxx xxx xxx.
Respondent asserts that it "is not engaged in the practice of law but engaged in
giving legal support services to lawyers and laymen, through experienced
paralegals, with the use of modern computers and electronic machines" (pars. 2
and 3, Comment). This is absurd. Unquestionably, respondent's acts of holding
out itself to the public under the trade name "The Legal Clinic, Inc.," and

soliciting employment for its enumerated services fall within the realm of a
practice which thus yields itself to the regulatory powers of the Supreme Court.
For respondent to say that it is merely engaged in paralegal work is to stretch
credulity. Respondent's own commercial advertisement which announces a certain
Atty. Don Parkinson to be handling the fields of law belies its pretense. From all
indications, respondent "The Legal Clinic, Inc." is offering and rendering legal
services through its reserve of lawyers. It has been held that the practice of law is
not limited to the conduct of cases in court, but includes drawing of deeds,
incorporation, rendering opinions, and advising clients as to their legal right and
then take them to an attorney and ask the latter to look after their case in court
See Martin, Legal and Judicial Ethics, 1984 ed., p. 39).
It is apt to recall that only natural persons can engage in the practice of law, and
such limitation cannot be evaded by a corporation employing competent lawyers
to practice for it. Obviously, this is the scheme or device by which respondent
"The Legal Clinic, Inc." holds out itself to the public and solicits employment of
its legal services. It is an odious vehicle for deception, especially so when the
public cannot ventilate any grievance for malpractice against the business
conduit. Precisely, the limitation of practice of law to persons who have been duly
admitted as members of the Bar (Sec. 1, Rule 138, Revised Rules of Court) is to
subject the members to the discipline of the Supreme Court. Although respondent
uses its business name, the persons and the lawyers who act for it are subject to
court discipline. The practice of law is not a profession open to all who wish to
engage in it nor can it be assigned to another (See 5 Am. Jur. 270). It is a personal
right limited to persons who have qualified themselves under the law. It follows
that not only respondent but also all the persons who are acting for respondent are
the persons engaged in unethical law practice. 6
3. Philippine Lawyers' Association:
The Philippine Lawyers' Association's position, in answer to the issues stated
herein, are wit:
1. The Legal Clinic is engaged in the practice of law;
2. Such practice is unauthorized;
3. The advertisements complained of are not only unethical, but also misleading
and patently immoral; and

4. The Honorable Supreme Court has the power to supress and punish the Legal
Clinic and its corporate officers for its unauthorized practice of law and for its
unethical, misleading and immoral advertising.
xxx xxx xxx
Respondent posits that is it not engaged in the practice of law. It claims that it
merely renders "legal support services" to answers, litigants and the general
public as enunciated in the Primary Purpose Clause of its Article(s) of
Incorporation. (See pages 2 to 5 of Respondent's Comment). But its advertised
services, as enumerated above, clearly and convincingly show that it is indeed
engaged in law practice, albeit outside of court.
As advertised, it offers the general public its advisory services on Persons and
Family Relations Law, particularly regarding foreign divorces, annulment of
marriages, secret marriages, absence and adoption; Immigration Laws,
particularly on visa related problems, immigration problems; the Investments Law
of the Philippines and such other related laws.
Its advertised services unmistakably require the application of the aforesaid law,
the legal principles and procedures related thereto, the legal advices based thereon
and which activities call for legal training, knowledge and experience.
Applying the test laid down by the Court in the aforecited Agrava Case, the
activities of respondent fall squarely and are embraced in what lawyers and
laymen equally term as "the practice of law." 7
4. U.P. Women Lawyers' Circle:
In resolving, the issues before this Honorable Court, paramount consideration
should be given to the protection of the general public from the danger of being
exploited by unqualified persons or entities who may be engaged in the practice
of law.
At present, becoming a lawyer requires one to take a rigorous four-year course of
study on top of a four-year bachelor of arts or sciences course and then to take and
pass the bar examinations. Only then, is a lawyer qualified to practice law.
While the use of a paralegal is sanctioned in many jurisdiction as an aid to the
administration of justice, there are in those jurisdictions, courses of study and/or
standards which would qualify these paralegals to deal with the general public as
such. While it may now be the opportune time to establish these courses of study

and/or standards, the fact remains that at present, these do not exist in the
Philippines. In the meantime, this Honorable Court may decide to make measures
to protect the general public from being exploited by those who may be dealing
with the general public in the guise of being "paralegals" without being qualified
to do so.
In the same manner, the general public should also be protected from the dangers
which may be brought about by advertising of legal services. While it appears that
lawyers are prohibited under the present Code of Professional Responsibility from
advertising, it appears in the instant case that legal services are being advertised
not by lawyers but by an entity staffed by "paralegals." Clearly, measures should
be taken to protect the general public from falling prey to those who advertise
legal services without being qualified to offer such services. 8
A perusal of the questioned advertisements of Respondent, however, seems to
give the impression that information regarding validity of marriages, divorce,
annulment of marriage, immigration, visa extensions, declaration of absence,
adoption and foreign investment, which are in essence, legal matters , will be
given to them if they avail of its services. The Respondent's name The Legal
Clinic, Inc. does not help matters. It gives the impression again that
Respondent will or can cure the legal problems brought to them. Assuming that
Respondent is, as claimed, staffed purely by paralegals, it also gives the
misleading impression that there are lawyers involved in The Legal Clinic, Inc., as
there are doctors in any medical clinic, when only "paralegals" are involved in
The Legal Clinic, Inc.
Respondent's allegations are further belied by the very admissions of its President
and majority stockholder, Atty. Nogales, who gave an insight on the structure and
main purpose of Respondent corporation in the aforementioned "Starweek"
article." 9
5. Women Lawyer's Association of the Philippines:
Annexes "A" and "B" of the petition are clearly advertisements to solicit cases for
the purpose of gain which, as provided for under the above cited law, (are) illegal
and against the Code of Professional Responsibility of lawyers in this country.
Annex "A" of the petition is not only illegal in that it is an advertisement to solicit
cases, but it is illegal in that in bold letters it announces that the Legal Clinic, Inc.,
could work out/cause the celebration of a secret marriage which is not only illegal
but immoral in this country. While it is advertised that one has to go to said

agency and pay P560 for a valid marriage it is certainly fooling the public for
valid marriages in the Philippines are solemnized only by officers authorized to
do so under the law. And to employ an agency for said purpose of contracting
marriage is not necessary.
No amount of reasoning that in the USA, Canada and other countries the trend is
towards allowing lawyers to advertise their special skills to enable people to
obtain from qualified practitioners legal services for their particular needs can
justify the use of advertisements such as are the subject matter of the petition, for
one (cannot) justify an illegal act even by whatever merit the illegal act may
serve. The law has yet to be amended so that such act could become justifiable.
We submit further that these advertisements that seem to project that secret
marriages and divorce are possible in this country for a fee, when in fact it is not
so, are highly reprehensible.
It would encourage people to consult this clinic about how they could go about
having a secret marriage here, when it cannot nor should ever be attempted, and
seek advice on divorce, where in this country there is none, except under the Code
of Muslim Personal Laws in the Philippines. It is also against good morals and is
deceitful because it falsely represents to the public to be able to do that which by
our laws cannot be done (and) by our Code of Morals should not be done.
In the case (of) In re Taguda, 53 Phil. 37, the Supreme Court held that solicitation
for clients by an attorney by circulars of advertisements, is unprofessional, and
offenses of this character justify permanent elimination from the Bar. 10
6. Federacion Internacional de Abogados:
xxx xxx xxx
1.7 That entities admittedly not engaged in the practice of law, such as
management consultancy firms or travel agencies, whether run by lawyers or not,
perform the services rendered by Respondent does not necessarily lead to the
conclusion that Respondent is not unlawfully practicing law. In the same vein,
however, the fact that the business of respondent (assuming it can be engaged in
independently of the practice of law) involves knowledge of the law does not
necessarily make respondent guilty of unlawful practice of law.
. . . . Of necessity, no one . . . . acting as a consultant can render
effective service unless he is familiar with such statutes and

regulations. He must be careful not to suggest a course of conduct

which the law forbids. It seems . . . .clear that (the consultant's)
knowledge of the law, and his use of that knowledge as a factor in
determining what measures he shall recommend, do not constitute
the practice of law . . . . It is not only presumed that all men know
the law, but it is a fact that most men have considerable
acquaintance with broad features of the law . . . . Our knowledge of
the law accurate or inaccurate moulds our conduct not only
when we are acting for ourselves, but when we are serving others.
Bankers, liquor dealers and laymen generally possess rather
precise knowledge of the laws touching their particular business or
profession. A good example is the architect, who must be familiar
with zoning, building and fire prevention codes, factory and
tenement house statutes, and who draws plans and specification in
harmony with the law. This is not practicing law.
But suppose the architect, asked by his client to omit a fire tower,
replies that it is required by the statute. Or the industrial relations
expert cites, in support of some measure that he recommends, a
decision of the National Labor Relations Board. Are they
practicing law? In my opinion, they are not, provided no separate
fee is charged for the legal advice or information, and the legal
question is subordinate and incidental to a major non-legal
problem.
It is largely a matter of degree and of custom.
If it were usual for one intending to erect a building on his land to
engage a lawyer to advise him and the architect in respect to the
building code and the like, then an architect who performed this
function would probably be considered to be trespassing on
territory reserved for licensed attorneys. Likewise, if the industrial
relations field had been pre-empted by lawyers, or custom placed a
lawyer always at the elbow of the lay personnel man. But this is
not the case. The most important body of the industrial relations
experts are the officers and business agents of the labor unions and
few of them are lawyers. Among the larger corporate employers, it
has been the practice for some years to delegate special
responsibility in employee matters to a management group chosen
for their practical knowledge and skill in such matter, and without
regard to legal thinking or lack of it. More recently, consultants

like the defendants have the same service that the larger employers
get from their own specialized staff.
The handling of industrial relations is growing into a recognized
profession for which appropriate courses are offered by our leading
universities. The court should be very cautious about declaring
[that] a widespread, well-established method of conducting
business is unlawful, or that the considerable class of men who
customarily perform a certain function have no right to do so, or
that the technical education given by our schools cannot be used by
the graduates in their business.
In determining whether a man is practicing law, we should
consider his work for any particular client or customer, as a whole.
I can imagine defendant being engaged primarily to advise as to
the law defining his client's obligations to his employees, to guide
his client's obligations to his employees, to guide his client along
the path charted by law. This, of course, would be the practice of
the law. But such is not the fact in the case before me. Defendant's
primarily efforts are along economic and psychological lines. The
law only provides the frame within which he must work, just as the
zoning code limits the kind of building the limits the kind of
building the architect may plan. The incidental legal advice or
information defendant may give, does not transform his activities
into the practice of law. Let me add that if, even as a minor feature
of his work, he performed services which are customarily reserved
to members of the bar, he would be practicing law. For instance, if
as part of a welfare program, he drew employees' wills.
Another branch of defendant's work is the representations of the
employer in the adjustment of grievances and in collective
bargaining, with or without a mediator. This is not per se the
practice of law. Anyone may use an agent for negotiations and may
select an agent particularly skilled in the subject under discussion,
and the person appointed is free to accept the employment whether
or not he is a member of the bar. Here, however, there may be an
exception where the business turns on a question of law. Most real
estate sales are negotiated by brokers who are not lawyers. But if
the value of the land depends on a disputed right-of-way and the
principal role of the negotiator is to assess the probable outcome of
the dispute and persuade the opposite party to the same opinion,

then it may be that only a lawyer can accept the assignment. Or if a

controversy between an employer and his men grows from
differing interpretations of a contract, or of a statute, it is quite
likely that defendant should not handle it. But I need not reach a
definite conclusion here, since the situation is not presented by the
proofs.
Defendant also appears to represent the employer before
administrative agencies of the federal government, especially
before trial examiners of the National Labor Relations Board. An
agency of the federal government, acting by virtue of an authority
granted by the Congress, may regulate the representation of parties
before such agency. The State of New Jersey is without power to
interfere with such determination or to forbid representation before
the agency by one whom the agency admits. The rules of the
National Labor Relations Board give to a party the right to appear
in person, or by counsel, or by other representative. Rules and
Regulations, September 11th, 1946, S. 203.31. 'Counsel' here
means a licensed attorney, and ther representative' one not a
lawyer. In this phase of his work, defendant may lawfully do
whatever the Labor Board allows, even arguing questions purely
legal. (Auerbacher v. Wood, 53 A. 2d 800, cited in Statsky,
Introduction to Paralegalism [1974], at pp. 154-156.).
1.8 From the foregoing, it can be said that a person engaged in a lawful calling
(which may involve knowledge of the law) is not engaged in the practice of law
provided that:
(a) The legal question is subordinate and incidental to a major non-legal problem;.
(b) The services performed are not customarily reserved to members of the bar; .
(c) No separate fee is charged for the legal advice or information.
All these must be considered in relation to the work for any particular client as a
whole.
1.9. If the person involved is both lawyer and non-lawyer, the Code of
Professional Responsibility succintly states the rule of conduct:

Rule 15.08 A lawyer who is engaged in another profession or occupation

concurrently with the practice of law shall make clear to his client whether he is
acting as a lawyer or in another capacity.
1.10. In the present case. the Legal Clinic appears to render wedding services (See
Annex "A" Petition). Services on routine, straightforward marriages, like securing
a marriage license, and making arrangements with a priest or a judge, may not
constitute practice of law. However, if the problem is as complicated as that
described in "Rx for Legal Problems" on the Sharon Cuneta-Gabby ConcepcionRichard Gomez case, then what may be involved is actually the practice of law. If
a non-lawyer, such as the Legal Clinic, renders such services then it is engaged in
the unauthorized practice of law.
1.11. The Legal Clinic also appears to give information on divorce, absence,
annulment of marriage and visas (See Annexes "A" and "B" Petition). Purely
giving informational materials may not constitute of law. The business is similar
to that of a bookstore where the customer buys materials on the subject and
determines on the subject and determines by himself what courses of action to
take.
It is not entirely improbable, however, that aside from purely giving information,
the Legal Clinic's paralegals may apply the law to the particular problem of the
client, and give legal advice. Such would constitute unauthorized practice of law.
It cannot be claimed that the publication of a legal text which
publication of a legal text which purports to say what the law is
amount to legal practice. And the mere fact that the principles or
rules stated in the text may be accepted by a particular reader as a
solution to his problem does not affect this. . . . . Apparently it is
urged that the conjoining of these two, that is, the text and the
forms, with advice as to how the forms should be filled out,
constitutes the unlawful practice of law. But that is the situation
with many approved and accepted texts. Dacey's book is sold to
the public at large. There is no personal contact or relationship
with a particular individual. Nor does there exist that relation of
confidence and trust so necessary to the status of attorney and
client. THIS IS THE ESSENTIAL OF LEGAL PRACTICE THE
REPRESENTATION AND ADVISING OF A PARTICULAR
PERSON IN A PARTICULAR SITUATION. At most the book
assumes to offer general advice on common problems, and does
not purport to give personal advice on a specific problem peculiar

to a designated or readily identified person. Similarly the

defendant's publication does not purport to give personal advice on
a specific problem peculiar to a designated or readily identified
person in a particular situation in their publication and sale of
the kits, such publication and sale did not constitutes the unlawful
practice of law . . . . There being no legal impediment under the
statute to the sale of the kit, there was no proper basis for the
injunction against defendant maintaining an office for the purpose
of selling to persons seeking a divorce, separation, annulment or
separation agreement any printed material or writings relating to
matrimonial law or the prohibition in the memorandum of
modification of the judgment against defendant having an interest
in any publishing house publishing his manuscript on divorce and
against his having any personal contact with any prospective
purchaser. The record does fully support, however, the finding that
for the change of $75 or $100 for the kit, the defendant gave legal
advice in the course of personal contacts concerning particular
problems which might arise in the preparation and presentation of
the purchaser's asserted matrimonial cause of action or pursuit of
other legal remedies and assistance in the preparation of necessary
documents (The injunction therefore sought to) enjoin conduct
constituting the practice of law, particularly with reference to the
giving of advice and counsel by the defendant relating to specific
problems of particular individuals in connection with a divorce,
separation, annulment of separation agreement sought and should
be affirmed. (State v. Winder, 348, NYS 2D 270 [1973], cited in
Statsky, supra at p. 101.).
1.12. Respondent, of course, states that its services are "strictly non-diagnostic,
non-advisory. "It is not controverted, however, that if the services "involve giving
legal advice or counselling," such would constitute practice of law (Comment,
par. 6.2). It is in this light that FIDA submits that a factual inquiry may be
necessary for the judicious disposition of this case.
xxx xxx xxx
2.10. Annex "A" may be ethically objectionable in that it can give the impression
(or perpetuate the wrong notion) that there is a secret marriage. With all the
solemnities, formalities and other requisites of marriages (See Articles 2, et seq.,
Family Code), no Philippine marriage can be secret.

2.11. Annex "B" may likewise be ethically objectionable. The second paragraph
thereof (which is not necessarily related to the first paragraph) fails to state the
limitation that only "paralegal services?" or "legal support services", and not legal
services, are available." 11
A prefatory discussion on the meaning of the phrase "practice of law" becomes exigent for the
proper determination of the issues raised by the petition at bar. On this score, we note that the
clause "practice of law" has long been the subject of judicial construction and interpretation. The
courts have laid down general principles and doctrines explaining the meaning and scope of the
term, some of which we now take into account.
Practice of law means any activity, in or out of court, which requires the application of law, legal
procedures, knowledge, training and experience. To engage in the practice of law is to perform
those acts which are characteristic of the profession. Generally, to practice law is to give advice
or render any kind of service that involves legal knowledge or skill. 12
The practice of law is not limited to the conduct of cases in court. It includes legal advice and
counsel, and the preparation of legal instruments and contract by which legal rights are secured,
although such matter may or may not be pending in a court. 13
In the practice of his profession, a licensed attorney at law generally engages in three principal
types of professional activity: legal advice and instructions to clients to inform them of their
rights and obligations, preparation for clients of documents requiring knowledge of legal
principles not possessed by ordinary layman, and appearance for clients before public tribunals
which possess power and authority to determine rights of life, liberty, and property according to
law, in order to assist in proper interpretation and enforcement of law. 14
When a person participates in the a trial and advertises himself as a lawyer, he is in the practice
of law. 15 One who confers with clients, advises them as to their legal rights and then takes the
business to an attorney and asks the latter to look after the case in court, is also practicing law. 16
Giving advice for compensation regarding the legal status and rights of another and the conduct
with respect thereto constitutes a practice of law. 17 One who renders an opinion as to the proper
interpretation of a statute, and receives pay for it, is, to that extent, practicing law. 18
In the recent case of Cayetano vs. Monsod, 19 after citing the doctrines in several cases, we laid
down the test to determine whether certain acts constitute "practice of law," thus:
Black defines "practice of law" as:
The rendition of services requiring the knowledge and the application of legal
principles and technique to serve the interest of another with his consent. It is not

limited to appearing in court, or advising and assisting in the conduct of litigation,

but embraces the preparation of pleadings, and other papers incident to actions
and special proceedings, conveyancing, the preparation of legal instruments of all
kinds, and the giving of all legal advice to clients. It embraces all advice to clients
and all actions taken for them in matters connected with the law.
The practice of law is not limited to the conduct of cases on court.(Land Title Abstract and Trust
Co. v. Dworken , 129 Ohio St. 23, 193N. E. 650). A person is also considered to be in the
practice of law when he:
. . . . for valuable consideration engages in the business of advising person, firms,
associations or corporations as to their right under the law, or appears in a
representative capacity as an advocate in proceedings, pending or prospective,
before any court, commissioner, referee, board, body, committee, or commission
constituted by law or authorized to settle controversies and there, in such
representative capacity, performs any act or acts for the purpose of obtaining or
defending the rights of their clients under the law. Otherwise stated, one who, in a
representative capacity, engages in the business of advising clients as to their
rights under the law, or while so engaged performs any act or acts either in court
or outside of court for that purpose, is engaged in the practice of law. (State ex.
rel. Mckittrick v. C.S. Dudley and Co., 102 S. W. 2d 895, 340 Mo. 852).
This Court, in the case of Philippines Lawyers Association v. Agrava (105 Phil. 173, 176177),stated:
The practice of law is not limited to the conduct of cases or litigation in court; it
embraces the preparation of pleadings and other papers incident to actions and
special proceedings, the management of 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 them in matters connected with the law
incorporation services, assessment and condemnation services contemplating an
appearance before a judicial body, the foreclosure of a mortgage, enforcement of a
creditor's claim in bankruptcy and insolvency proceedings, and conducting
proceedings in attachment, and in matters or estate and guardianship have been
held to constitute law practice, as do the preparation and drafting of legal
instruments, where the work done involves the determination by the trained legal
mind of the legal effect of facts and conditions. (5 Am. Jr. p. 262, 263).
Practice of law under modern conditions consists in no small part of work
performed outside of any court and having no immediate relation to proceedings
in court. It embraces conveyancing, the giving of legal advice on a large variety of

subjects and the preparation and execution of legal instruments covering an

extensive field of business and trust relations and other affairs. Although these
transactions may have no direct connection with court proceedings, they are
always subject to become involved in litigation. They require in many aspects a
high degree of legal skill, a wide experience with men and affairs, and great
capacity for adaptation to difficult and complex situations. These customary
functions of an attorney or counselor at law bear an intimate relation to the
administration of justice by the courts. No valid distinction, so far as concerns the
question set forth in the order, can be drawn between that part of the work of the
lawyer which involves appearance in court and that part which involves advice
and drafting of instruments in his office. It is of importance to the welfare of the
public that these manifold customary functions be performed by persons
possessed of adequate learning and skill, of sound moral character, and acting at
all times under the heavy trust obligations to clients which rests upon all
attorneys. (Moran, Comments on the Rules o Court, Vol. 3 [1973 ed.], pp. 665666, citing In Re Opinion of the Justices [Mass], 194 N. E. 313, quoted in Rhode
Is. Bar Assoc. v. Automobile Service Assoc. [R.I.] 197 A. 139, 144).
The practice of law, therefore, covers a wide range of activities in and out of court. Applying the
aforementioned criteria to the case at bar, we agree with the perceptive findings and observations
of the aforestated bar associations that the activities of respondent, as advertised, constitute
"practice of law."
The contention of respondent that it merely offers legal support services can neither be seriously
considered nor sustained. Said proposition is belied by respondent's own description of the
services it has been offering, to wit:
Legal support services basically consists of giving ready information by trained
paralegals to laymen and lawyers, which are strictly non-diagnostic, non-advisory,
through the extensive use of computers and modern information technology in the
gathering, processing, storage, transmission and reproduction of information and
communication, such as computerized legal research; encoding and reproduction
of documents and pleadings prepared by laymen or lawyers; document search;
evidence gathering; locating parties or witnesses to a case; fact finding
investigations; and assistance to laymen in need of basic institutional services
from government or non-government agencies, like birth, marriage, property, or
business registrations; educational or employment records or certifications,
obtaining documentation like clearances, passports, local or foreign visas; giving
information about laws of other countries that they may find useful, like foreign
divorce, marriage or adoption laws that they can avail of preparatory to
emigration to the foreign country, and other matters that do not involve

representation of clients in court; designing and installing computer systems,

programs, or software for the efficient management of law offices, corporate legal
departments, courts and other entities engaged in dispensing or administering
legal services. 20
While some of the services being offered by respondent corporation merely involve mechanical
and technical knowhow, such as the installation of computer systems and programs for the
efficient management of law offices, or the computerization of research aids and materials, these
will not suffice to justify an exception to the general rule.
What is palpably clear is that respondent corporation gives out legal information to laymen and
lawyers. Its contention that such function is non-advisory and non-diagnostic is more apparent
than real. In providing information, for example, about foreign laws on marriage, divorce and
adoption, it strains the credulity of this Court that all the respondent corporation will simply do is
look for the law, furnish a copy thereof to the client, and stop there as if it were merely a
bookstore. With its attorneys and so called paralegals, it will necessarily have to explain to the
client the intricacies of the law and advise him or her on the proper course of action to be taken
as may be provided for by said law. That is what its advertisements represent and for the which
services it will consequently charge and be paid. That activity falls squarely within the
jurisprudential definition of "practice of law." Such a conclusion will not be altered by the fact
that respondent corporation does not represent clients in court since law practice, as the weight of
authority holds, is not limited merely giving legal advice, contract drafting and so forth.
The aforesaid conclusion is further strengthened by an article published in the January 13, 1991
issue of the Starweek/The Sunday Magazine of the Philippines Star, entitled "Rx for Legal
Problems," where an insight into the structure, main purpose and operations of respondent
corporation was given by its own "proprietor," Atty. Rogelio P. Nogales:
This is the kind of business that is transacted everyday at The Legal Clinic, with
offices on the seventh floor of the Victoria Building along U. N. Avenue in
Manila. No matter what the client's problem, and even if it is as complicated as
the Cuneta-Concepcion domestic situation, Atty. Nogales and his staff of lawyers,
who, like doctors are "specialists" in various fields can take care of it. The Legal
Clinic, Inc. has specialists in taxation and criminal law, medico-legal problems,
labor, litigation, and family law. These specialist are backed up by a battery of
paralegals, counsellors and attorneys.
Atty. Nogales set up The Legal Clinic in 1984. Inspired by the trend in the
medical field toward specialization, it caters to clients who cannot afford the
services of the big law firms.

The Legal Clinic has regular and walk-in clients. "when they come, we start by
analyzing the problem. That's what doctors do also. They ask you how you
contracted what's bothering you, they take your temperature, they observe you for
the symptoms and so on. That's how we operate, too. And once the problem has
been categorized, then it's referred to one of our specialists.
There are cases which do not, in medical terms, require surgery or follow-up
treatment. These The Legal Clinic disposes of in a matter of minutes. "Things like
preparing a simple deed of sale or an affidavit of loss can be taken care of by our
staff or, if this were a hospital the residents or the interns. We can take care of
these matters on a while you wait basis. Again, kung baga sa hospital, out-patient,
hindi kailangang ma-confine. It's just like a common cold or diarrhea," explains
Atty. Nogales.
Those cases which requires more extensive "treatment" are dealt with accordingly.
"If you had a rich relative who died and named you her sole heir, and you stand to
inherit millions of pesos of property, we would refer you to a specialist in
taxation. There would be real estate taxes and arrears which would need to be put
in order, and your relative is even taxed by the state for the right to transfer her
property, and only a specialist in taxation would be properly trained to deal with
the problem. Now, if there were other heirs contesting your rich relatives will,
then you would need a litigator, who knows how to arrange the problem for
presentation in court, and gather evidence to support the case. 21
That fact that the corporation employs paralegals to carry out its services is not controlling. What
is important is that it is engaged in the practice of law by virtue of the nature of the services it
renders which thereby brings it within the ambit of the statutory prohibitions against the
advertisements which it has caused to be published and are now assailed in this proceeding.
Further, as correctly and appropriately pointed out by the U.P. WILOCI, said reported facts
sufficiently establish that the main purpose of respondent is to serve as a one-stop-shop of sorts
for various legal problems wherein a client may avail of legal services from simple
documentation to complex litigation and corporate undertakings. Most of these services are
undoubtedly beyond the domain of paralegals, but rather, are exclusive functions of lawyers
engaged in the practice of law. 22
It should be noted that in our jurisdiction the services being offered by private respondent which
constitute practice of law cannot be performed by paralegals. Only a person duly admitted as a
member of the bar, or hereafter admitted as such in accordance with the provisions of the Rules
of Court, and who is in good and regular standing, is entitled to practice law. 23

Public policy requires that the practice of law be limited to those individuals found duly qualified
in education and character. The permissive right conferred on the lawyers is an individual and
limited privilege subject to withdrawal if he fails to maintain proper standards of moral and
professional conduct. The purpose is to protect the public, the court, the client and the bar from
the incompetence or dishonesty of those unlicensed to practice law and not subject to the
disciplinary control of the court. 24
The same rule is observed in the american jurisdiction wherefrom respondent would wish to
draw support for his thesis. The doctrines there also stress that the practice of law is limited to
those who meet the requirements for, and have been admitted to, the bar, and various statutes or
rules specifically so provide. 25 The practice of law is not a lawful business except for members
of the bar who have complied with all the conditions required by statute and the rules of court.
Only those persons are allowed to practice law who, by reason of attainments previously
acquired through education and study, have been recognized by the courts as possessing
profound knowledge of legal science entitling them to advise, counsel with, protect, or defend
the rights claims, or liabilities of their clients, with respect to the construction, interpretation,
operation and effect of law. 26 The justification for excluding from the practice of law those not
admitted to the bar is found, not in the protection of the bar from competition, but in the
protection of the public from being advised and represented in legal matters by incompetent and
unreliable persons over whom the judicial department can exercise little control. 27
We have to necessarily and definitely reject respondent's position that the concept in the United
States of paralegals as an occupation separate from the law profession be adopted in this
jurisdiction. Whatever may be its merits, respondent cannot but be aware that this should first be
a matter for judicial rules or legislative action, and not of unilateral adoption as it has done.
Paralegals in the United States are trained professionals. As admitted by respondent, there are
schools and universities there which offer studies and degrees in paralegal education, while there
are none in the Philippines. 28 As the concept of the "paralegals" or "legal assistant" evolved in
the United States, standards and guidelines also evolved to protect the general public. One of the
major standards or guidelines was developed by the American Bar Association which set up
Guidelines for the Approval of Legal Assistant Education Programs (1973). Legislation has even
been proposed to certify legal assistants. There are also associations of paralegals in the United
States with their own code of professional ethics, such as the National Association of Legal
Assistants, Inc. and the American Paralegal Association. 29
In the Philippines, we still have a restricted concept and limited acceptance of what may be
considered as paralegal service. As pointed out by FIDA, some persons not duly licensed to
practice law are or have been allowed limited representation in behalf of another or to render
legal services, but such allowable services are limited in scope and extent by the law, rules or
regulations granting permission therefor. 30

Accordingly, we have adopted the American judicial policy that, in the absence of constitutional
or statutory authority, a person who has not been admitted as an attorney cannot practice law for
the proper administration of justice cannot be hindered by the unwarranted intrusion of an
unauthorized and unskilled person into the practice of law. 31 That policy should continue to be
one of encouraging persons who are unsure of their legal rights and remedies to seek legal
assistance only from persons licensed to practice law in the state. 32
Anent the issue on the validity of the questioned advertisements, the Code of Professional
Responsibility provides that a lawyer in making known his legal services shall use only true,
honest, fair, dignified and objective information or statement of facts. 33 He is not supposed to
use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory
or unfair statement or claim regarding his qualifications or legal services. 34 Nor shall he pay or
give something of value to representatives of the mass media in anticipation of, or in return for,
publicity to attract legal business. 35 Prior to the adoption of the code of Professional
Responsibility, the Canons of Professional Ethics had also warned that lawyers should not resort
to indirect advertisements for professional employment, such as furnishing or inspiring
newspaper comments, or procuring his photograph to be published in connection with causes in
which the lawyer has been or is engaged or concerning the manner of their conduct, the
magnitude of the interest involved, the importance of the lawyer's position, and all other like
self-laudation. 36
The standards of the legal profession condemn the lawyer's advertisement of his talents. A lawyer
cannot, without violating the ethics of his profession. advertise his talents or skill as in a manner
similar to a merchant advertising his goods. 37 The prescription against advertising of legal
services or solicitation of legal business rests on the fundamental postulate that the that the
practice of law is a profession. Thus, in the case of The Director of Religious Affairs. vs.
Estanislao R. Bayot 38 an advertisement, similar to those of respondent which are involved in the
present proceeding, 39 was held to constitute improper advertising or solicitation.
The pertinent part of the decision therein reads:
It is undeniable that the advertisement in question was a flagrant violation by the
respondent of the ethics of his profession, it being a brazen solicitation of business
from the public. Section 25 of Rule 127 expressly provides among other things
that "the practice of soliciting cases at law for the purpose of gain, either
personally or thru paid agents or brokers, constitutes malpractice." It is highly
unethical for an attorney to advertise his talents or skill as a merchant advertises
his wares. Law is a profession and not a trade. The lawyer degrades himself and
his profession who stoops to and adopts the practices of mercantilism by
advertising his services or offering them to the public. As a member of the bar, he
defiles the temple of justice with mercenary activities as the money-changers of

old defiled the temple of Jehovah. "The most worthy and effective advertisement
possible, even for a young lawyer, . . . . is the establishment of a well-merited
reputation for professional capacity and fidelity to trust. This cannot be forced but
must be the outcome of character and conduct." (Canon 27, Code of Ethics.).
We repeat, the canon of the profession tell us that the best advertising possible for a lawyer is a
well-merited reputation for professional capacity and fidelity to trust, which must be earned as
the outcome of character and conduct. Good and efficient service to a client as well as to the
community has a way of publicizing itself and catching public attention. That publicity is a
normal by-product of effective service which is right and proper. A good and reputable lawyer
needs no artificial stimulus to generate it and to magnify his success. He easily sees the
difference between a normal by-product of able service and the unwholesome result of
propaganda. 40
Of course, not all types of advertising or solicitation are prohibited. The canons of the profession
enumerate exceptions to the rule against advertising or solicitation and define the extent to which
they may be undertaken. The exceptions are of two broad categories, namely, those which are
expressly allowed and those which are necessarily implied from the restrictions. 41
The first of such exceptions is the publication in reputable law lists, in a manner consistent with
the standards of conduct imposed by the canons, of brief biographical and informative data.
"Such data must not be misleading and may include only a statement of the lawyer's name and
the names of his professional associates; addresses, telephone numbers, cable addresses;
branches of law practiced; date and place of birth and admission to the bar; schools attended with
dates of graduation, degrees and other educational distinction; public or quasi-public offices;
posts of honor; legal authorships; legal teaching positions; membership and offices in bar
associations and committees thereof, in legal and scientific societies and legal fraternities; the
fact of listings in other reputable law lists; the names and addresses of references; and, with their
written consent, the names of clients regularly represented." 42
The law list must be a reputable law list published primarily for that purpose; it cannot be a mere
supplemental feature of a paper, magazine, trade journal or periodical which is published
principally for other purposes. For that reason, a lawyer may not properly publish his brief
biographical and informative data in a daily paper, magazine, trade journal or society program.
Nor may a lawyer permit his name to be published in a law list the conduct, management or
contents of which are calculated or likely to deceive or injure the public or the bar, or to lower
the dignity or standing of the profession. 43
The use of an ordinary simple professional card is also permitted. The card may contain only a
statement of his name, the name of the law firm which he is connected with, address, telephone
number and special branch of law practiced. The publication of a simple announcement of the

opening of a law firm or of changes in the partnership, associates, firm name or office address,
being for the convenience of the profession, is not objectionable. He may likewise have his name
listed in a telephone directory but not under a designation of special branch of law. 44
Verily, taking into consideration the nature and contents of the advertisements for which
respondent is being taken to task, which even includes a quotation of the fees charged by said
respondent corporation for services rendered, we find and so hold that the same definitely do not
and conclusively cannot fall under any of the above-mentioned exceptions.
The ruling in the case of Bates, et al. vs. State Bar of Arizona, 45 which is repeatedly invoked and
constitutes the justification relied upon by respondent, is obviously not applicable to the case at
bar. Foremost is the fact that the disciplinary rule involved in said case explicitly allows a
lawyer, as an exception to the prohibition against advertisements by lawyers, to publish a
statement of legal fees for an initial consultation or the availability upon request of a written
schedule of fees or an estimate of the fee to be charged for the specific services. No such
exception is provided for, expressly or impliedly, whether in our former Canons of Professional
Ethics or the present Code of Professional Responsibility. Besides, even the disciplinary rule in
the Bates case contains a proviso that the exceptions stated therein are "not applicable in any
state unless and until it is implemented by such authority in that state." 46 This goes to show that
an exception to the general rule, such as that being invoked by herein respondent, can be made
only if and when the canons expressly provide for such an exception. Otherwise, the prohibition
stands, as in the case at bar.
It bears mention that in a survey conducted by the American Bar Association after the decision in
Bates, on the attitude of the public about lawyers after viewing television commercials, it was
found that public opinion dropped significantly 47 with respect to these characteristics of lawyers:
Trustworthy from 71% to 14%
Professional from 71% to 14%
Honest from 65% to 14%
Dignified from 45% to 14%
Secondly, it is our firm belief that with the present situation of our legal and judicial systems, to
allow the publication of advertisements of the kind used by respondent would only serve to
aggravate what is already a deteriorating public opinion of the legal profession whose integrity
has consistently been under attack lately by media and the community in general. At this point in
time, it is of utmost importance in the face of such negative, even if unfair, criticisms at times, to
adopt and maintain that level of professional conduct which is beyond reproach, and to exert all
efforts to regain the high esteem formerly accorded to the legal profession.

In sum, it is undoubtedly a misbehavior on the part of the lawyer, subject to disciplinary action,
to advertise his services except in allowable instances 48 or to aid a layman in the unauthorized
practice of law. 49 Considering that Atty. Rogelio P. Nogales, who is the prime incorporator,
major stockholder and proprietor of The Legal Clinic, Inc. is a member of the Philippine Bar, he
is hereby reprimanded, with a warning that a repetition of the same or similar acts which are
involved in this proceeding will be dealt with more severely.
While we deem it necessary that the question as to the legality or illegality of the purpose/s for
which the Legal Clinic, Inc. was created should be passed upon and determined, we are
constrained to refrain from lapsing into an obiter on that aspect since it is clearly not within the
adjudicative parameters of the present proceeding which is merely administrative in nature. It is,
of course, imperative that this matter be promptly determined, albeit in a different proceeding
and forum, since, under the present state of our law and jurisprudence, a corporation cannot be
organized for or engage in the practice of law in this country. This interdiction, just like the rule
against unethical advertising, cannot be subverted by employing some so-called paralegals
supposedly rendering the alleged support services.
The remedy for the apparent breach of this prohibition by respondent is the concern and province
of the Solicitor General who can institute the corresponding quo warranto action, 50 after due
ascertainment of the factual background and basis for the grant of respondent's corporate charter,
in light of the putative misuse thereof. That spin-off from the instant bar matter is referred to the
Solicitor General for such action as may be necessary under the circumstances.
ACCORDINGLY, the Court Resolved to RESTRAIN and ENJOIN herein respondent, The Legal
Clinic, Inc., from issuing or causing the publication or dissemination of any advertisement in any
form which is of the same or similar tenor and purpose as Annexes "A" and "B" of this petition,
and from conducting, directly or indirectly, any activity, operation or transaction proscribed by
law or the Code of Professional Ethics as indicated herein. Let copies of this resolution be
furnished the Integrated Bar of the Philippines, the Office of the Bar Confidant and the Office of
the Solicitor General for appropriate action in accordance herewith.
Narvasa, C.J., Cruz, Feliciano, Padilla, Bidin, Grio-Aquino, Davide, Jr., Romero, Nocon,
Bellosillo, Melo and Quiason, JJ., concur