1 - History of Legal Profession

HISTORY OF LEGAL PROFESSION IN THE HISTORY OF LEGAL PROFESSION IN THE PHILIPPINESPHILIPPINES

By:

VIRNEE JOY AGOT AND LOUELA L. ALLANICLLB STUDENTS

• PlatoPlato• NapoleonNapoleon• Peter the GreatPeter the Great• Henry VIHenry VI

HOW WAS LEGAL PROFESSION HOW WAS LEGAL PROFESSION

REGARDED IN THE PAST?REGARDED IN THE PAST?

• A business not a professionA business not a profession• Great quantity but poor quality of lawyers in Great quantity but poor quality of lawyers in

the countrythe country• Professional responsibilityProfessional responsibility

LEGAL PROFESSION ISSUESLEGAL PROFESSION ISSUES

PRESTIGIOUS PROFESSIONPRESTIGIOUS PROFESSION

• Broadest educational background for Broadest educational background for leadership in the communityleadership in the community

• Natural leader of the communityNatural leader of the community• Generally, only 20%-30% of the examinees Generally, only 20%-30% of the examinees

passpass

• Facts: Christian Monsod was nominated by President Aquino as COMELEC Commissioner, but the nomination was contested for the reason that Monsod had not been practicing law for at least ten years. Although Monsod had been working using his legal expertise, he did not work in litigation.

• Issue: Was Monsod’s engagement in the practice of law for ten years sufficient to qualify him to become COMELEC Commissioner?

THE CASE OF CAYETANO VS. MONSOD

• Ruling: The Supreme Court said that practice of law means Ruling: The Supreme Court said that practice of law means any activity, in or out of court, which requires the any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and application of law, legal procedure, knowledge, training and experience. Although Monsod was not a litigation lawyer, experience. Although Monsod was not a litigation lawyer, his “his “past work experiences as a lawyer-economist, a lawyer-past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the negotiator of contracts, and a lawyer-legislator of both the rich and the poor verily more than satisfy the constitutional rich and the poor verily more than satisfy the constitutional requirement that he has been engaged in the practice of law requirement that he has been engaged in the practice of law for at least ten years.for at least ten years.” ”



• Decision:Decision:

The Commission on the basis of evidence submitted doling The Commission on the basis of evidence submitted doling the public hearings on Monsod's confirmation, implicitly the public hearings on Monsod's confirmation, implicitly determined that he possessed the necessary determined that he possessed the necessary qualifications as required by law. The judgment rendered qualifications as required by law. The judgment rendered by the Commission in the exercise of such an by the Commission in the exercise of such an acknowledged power is beyond judicial interference acknowledged power is beyond judicial interference except only upon a clear showing of a grave abuse of except only upon a clear showing of a grave abuse of discretion amounting to lack or excess of jurisdiction. discretion amounting to lack or excess of jurisdiction.

In view of the foregoing, this petition is hereby DISMISSED.In view of the foregoing, this petition is hereby DISMISSED.

Is the legal profession the most prestigious profession? Why?

• The legal profession in England and The legal profession in England and Wales is composed of two divisions, Wales is composed of two divisions, solicitors and barristers solicitors and barristers

• Judges exercise supervision over Judges exercise supervision over attorneys and solicitors attorneys and solicitors

• Solicitors’ profession is subject to Solicitors’ profession is subject to close control from judiciary and close control from judiciary and parliamentparliament

LEGAL PROFESSION IN ENGLANDLEGAL PROFESSION IN ENGLAND

AND WALES AND WALES

• Inns of Court possess the characteristics of guilds of Inns of Court possess the characteristics of guilds of advocates and are delegated with control of the advocates and are delegated with control of the education, administration, and discipline of education, administration, and discipline of advocatesadvocates

• A “call to the bar” of an Inn gave a barrister a right A “call to the bar” of an Inn gave a barrister a right of audience before the judgesof audience before the judges

• Barristers have a monopoly of the right of audience Barristers have a monopoly of the right of audience in the superior courts. in the superior courts.

• Higher judicial offices and the law offices of the are Higher judicial offices and the law offices of the are filled from their rank filled from their rank


AND WALESAND WALES

Difference between two branches (bar and solicitor) Difference between two branches (bar and solicitor) • The bar has no right of direct access to clients; the The bar has no right of direct access to clients; the

clients can only approach, consult, or instruct a clients can only approach, consult, or instruct a barrister through a solicitorbarrister through a solicitor

• Solicitors do nine-tenths of the work, they practice Solicitors do nine-tenths of the work, they practice in partnership with clients in partnership with clients


AND WALESAND WALES

The BarThe Bar1.1. Queen’s Counsel “Silks” or “Leaders” Queen’s Counsel “Silks” or “Leaders”

1.1. Barristers “Juniors.” Q.C’s (appointed upon Barristers “Juniors.” Q.C’s (appointed upon recommendation of the Lord Chancellor) recommendation of the Lord Chancellor)


AND WALES AND WALES


AND WALESAND WALES

LEGAL EDUCATION IN LEGAL EDUCATION IN

THE PHILIPPINESTHE PHILIPPINES

• Roman Civil Law and Canon Law of the Roman Civil Law and Canon Law of the Catholic Church Catholic Church

• English Common LawEnglish Common Law• Islamic LawIslamic Law

• 1734 – First Law courses was offered in the country 1734 – First Law courses was offered in the country (Pontifical University of Sto. Tomas)(Pontifical University of Sto. Tomas)

• Spanish language was usedSpanish language was used

• 1910-law courses was conducted in English at YMCA 1910-law courses was conducted in English at YMCA (forerunner of the College of Law at University of (forerunner of the College of Law at University of the Philippines) the Philippines)



Admission to College of LawAdmission to College of Law• Legal Education refers to formal training which goes Legal Education refers to formal training which goes

into making of a lawyerinto making of a lawyer

• Completion of baccalaureate program (four year Completion of baccalaureate program (four year course) in arts and sciences is a requirement before course) in arts and sciences is a requirement before admission to College of Law which leads to Bachelor admission to College of Law which leads to Bachelor of Laws degree of Laws degree



BAR EXAMINATION BAR EXAMINATION • Bar examination is governed by the Rules of CourtBar examination is governed by the Rules of Court

• The training that law schools give to the students is The training that law schools give to the students is basically preparatory to bar examinationbasically preparatory to bar examination



TEACHING METHODTEACHING METHOD

• Clinical Method Clinical Method • Case Method Case Method • Modified Socratic Method Modified Socratic Method • English as medium of instruction English as medium of instruction • Class attendance is compulsory Class attendance is compulsory • Law Review Law Review • Moot court competitions Moot court competitions

EDUCATION IN LAWEDUCATION IN LAW

• Are developments which relate to education Are developments which relate to education in the lawin the law

• Regular in-service training programs Regular in-service training programs • Popularizing the law Popularizing the law • Barangay Legal Education WorkshopsBarangay Legal Education Workshops

THE LAW TEACHERTHE LAW TEACHER

• Teaching arm of legal profession Teaching arm of legal profession • Responsible for training future lawyers Responsible for training future lawyers • Research for deeper understanding of the lawResearch for deeper understanding of the law• Critical study on the emerging trends and areas Critical study on the emerging trends and areas

for reform for reform • Law teachers bear the heavy responsibility of Law teachers bear the heavy responsibility of

setting the example of moral rectitudesetting the example of moral rectitude

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1 - History of Legal Profession