The House of Representatives has approved on third and final reading a bill protecting the legal profession and the public from unscrupulous individuals who misrepresent themselves as lawyers by penalizing unauthorized practice of law.
Voting 202-0, the chamber approved House Bill (HB) No. 10691.
Section 1 of the bill proposes the penalty of prision mayor in its minimum period to prision mayor in its medium period, or a hefty fine of P100,000 up to P5 million, or both, on any person who, not being a member of the Philippine Bar, has engaged or is engaging in the unauthorized practice of law.
“With this proposed law, we hope to strengthen the trust and confidence of the public not only in the legal profession but more importantly the justice system.”
“House Bill No. 10691 hopes to significantly abate instances of fraud, misrepresentation, and deceit that undermine the proper administration of justice. With this proposed law, we hope to strengthen the trust and confidence of the public not only in the legal profession but more importantly the justice system,” said Speaker Ferdinand Martin G. Romualdez, who is also a lawyer.
HB 10691 identifies the following acts as engaging in the unauthorized practice of law:
(a) Representing oneself as, or holding oneself out to be, a member of the Philippine Bar, to the public or to another person, whether or not for profit, or for any other purpose;
(b) Except in the instances allowed by law or the Rules of Court, entering an appearance in court or signing any pleading, motion, entry of appearance, manifestation, letter, or any other paper filed before any court, tribunal, quasi-judicial body, or any agency or instrumentality of the government, thereby representing oneself as a member of the Philippine Bar;
(c) Advertising or representing oneself as a member of the Philippine Bar by means of signs, cards, billboards, advertisements, written or printed matter, or through radio, television, social media platforms, websites, or any other means of publication, or otherwise publicizing or advertising oneself in any other manner to be a member of the Philippine Bar, including using the title “Attorney”, “Attorney-at-law”, or “Atty.” attached to one’s name, or attaching one’s name as a partner, associate, or member of a law firm or law office; or
(d) Representing oneself, by the same means or in the same manner enumerated in the immediately preceding paragraph, to be capable of facilitating petitions, actions, or remedies, including actions for annulment or nullity of marriages, or declaration of presumptive death.
Bearing a fake, counterfeit, or tampered identification card purportedly issued by the SC or the IBP will be considered prima facie evidence of unauthorized practice of law.
Under the proposed measure, bearing a fake, counterfeit, or tampered identification card purportedly issued by the Supreme Court or the Integrated Bar of the Philippines exclusively for members of the Philippine Bar will be considered prima facie evidence of unauthorized practice of law.
The bill also seeks to impose the accessory penalty of perpetual absolute disqualification to hold public office on any person found guilty of the violations.
