Practice of law

Last Monday, I read an interesting advertisement in the business page of one of our top newspapers: “Join the seminar to be held at one of Makati’s top hotels “X” (not the real name) & Partners, the global leader in Residence and Citizenship Planning and learn more about the immigration rules to the USA, Canada Australia, Portugal, and an alternative citizenship of Malta, Cyprus, St. Kits and Antigua.” I thought to myself: this is a good topic, but does this activity constitute the practice of law in the Philippines? Did X & Partners need to obtain any permission or approval to hold the seminar?

In a similar vein, there are television shows and newspaper columns featuring US Immigration lawyers who provide advice to Filipinos or their relatives looking to migrate. Are such also engaged in the practice of law? Does it matter if they are providing advice on Philippine law or a foreign law? Do they need to obtain a regulatory license before they can air the show or publish the column?

It is also common knowledge that there are many “fly-in and fly-out” foreign lawyers who usually provide advice on New York or English commercial laws. They technically work in the country but under the radar screen. (I should know as I used to work with two of such international law firms). Are they legally allowed to practice their “foreign” law? I know that these firms want to follow local rules and regulations but in the absence thereof, they are essentially left on their own.

A corollary but related issue: What if a law school graduate but a non-member of the Philippine bar provides advice regarding legal matters on nationwide radio? Is he or she engaged in the unauthorized practice of law? Would a caveat that such person is not a member of the Integrated Bar of the Philippines suffice?

These are but some of the legal conundrums surrounding the practice of law. Article XII, section 14 of the 1987 Constitution states: “The practice of all professions in the Philippines shall be limited to Filipino citizens save in cases prescribed by law.” As pointed out in previous columns, other professions have been pro-active in lobbying for laws that delineate who are legally authorized and under what conditions foreigners may practice in the country.

Unfortunately, regulations in respect of the practice of law in the country are unclear. Instead of Congress, it is the Supreme Court which is constitutionally mandated under Article VIII, Section 5(5) to promulgate rules on the practice of law and admission to the bar. In this regard, Rule 138 of the Rules of Court states that only Filipino citizens may be admitted to the Philippine bar and therefore “practice law.” What is unclear is whether the prohibition regarding foreigners refers to the practice of Philippine law only or the practice of ANY law? And when is a non-IBP member merely expressing a legal opinion or already engaged in law practice?

The celebrated case of Cayetano v. Monsod provided for a liberal definition of the practice of law. A portion of the decision states:

“… 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.”

Given the expansive definition, it would seem that many people are practicing law without them knowing it. Now that can be dangerous. It is time that the Supreme Court come out with clear rules on who are allowed to practice which law and under what conditions they may do so.

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Legal Exports III: While foreign lawyers are not expressly allowed to practice here, our Filipino legal experts thrive in other jurisdictions. In this regard, Raymond Sandoval wrote to say that he currently works as a trial lawyer in the Office of the Prosecutor of the International Criminal Court in The Hague. He has had an interesting legal career having worked with the UN International Criminal Tribunals for the former Yugoslavia and Rwanda. Also based in The Hague is Camille Ng who works as a legal counsel in the Permanent Court of Arbitration.

Thanks to Gmeleen Tomboc and Earl Joyce Dolera, we are able to track down more of our legal exports. Based in Singapore and working with large corporations are Erlynne Uy and Ida Chao-Kho at IBM, April Raimundo-Obnial at EuroFin Asia Group, Andre Ballesteros at Bloomberg, Marilou Faylona at Bank of Tokyo-Mitsubishi, Cris Landrito at Merck,  Ayie Ramirez at Barclays, Kitch Ramos at P&G and Lara Lambino at Bank of New York Mellon. Practicing law are Eunice Tan at Virtus Law and Marlou Wui, Byosh Rances and Angela Along with Kelvin Chia. Bong Tejada works with the ASEAN Plus Three forum (the three are China, Japan and South Korea).

Practicing with Japanese law firms are Marose Pereira and Jason Jiao at Oh-ebashi LPC & Partners in their Tokyo and Osaka offices, respectively and Jane Pardinas with Mori Hamada & Matsumoto, Rodell Molina works with Ernst & Young Tokyo.

Practicing in Jakarta with Indonesian law firms are Christine Herrera and Kay Almajeda both with Makes & Partners while Anna Alfaro Manurung and Leah Olores  work at Adnan Kelana Haryanto & Hermanto. Carlo Navarro practices with Ernst and Young while Thea Lazaro-Rosales works with the ASEAN Secretariat.

Based in Hong Kong and working with multinationals are Mario Zinampan at Philip Morris and Victoria Llenos at Citibank.

Those working in Thailand include Abigail Serrano at Siam Cement Group and Emerlynne Gil at The International Commission of Jurists.

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Greetings: Birth anniversary best wishes to high school classmate Jacob Carino. Looking forward JC to welcoming you to the golden club soon.

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“Writing law is easy, but governing is difficult.” - Leo Tolstoy

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