i. Foreign Lawyers

Foreign Lawyers

Concept

Admission to a foreign bar does not, by itself, authorize a lawyer to practice Philippine law or appear as counsel before Philippine courts. This is a question of authority to practice, not merely of professional competence. (Rules of Court, Rule 138, Sec. 2)

Governing provisions

The Constitution reserves the practice of professions in the Philippines to Filipino citizens, except in cases prescribed by law. Rule 138 sets the qualifications for admission to the Philippine Bar, including Philippine citizenship. The Supreme Court regulates admission to the practice of law. (1987 Constitution, Art. XII, Sec. 14) (Rules of Court, Rule 138, Sec. 2) (1987 Constitution, Art. VIII, Sec. 5(5))

Requisites / Rules

• Check Philippine admission. A foreign license, professional title, or record of practice abroad is not a substitute for satisfying the qualifications for admission under Rule 138. (Rules of Court, Rule 138, Sec. 2)
• Check the proposed act. A court appearance as counsel calls for authority to practice before Philippine courts; describing the appearance as assistance to a Philippine lawyer does not itself confer that authority. (Rules of Court, Rule 138, Sec. 2) (Rules of Court, Rule 138, Sec. 1)
• Check any claimed exception. Do not infer a general right to practice Philippine law from a foreign lawyer’s admission overseas. If an exception is claimed, identify the particular Philippine law or rule that permits the activity and its limits. (1987 Constitution, Art. XII, Sec. 14) (Rules of Court, Rule 138, Sec. 2)

Distinctions

Foreign qualification versus Philippine authority. A foreign qualification establishes what a person may do under the rules of the jurisdiction that granted it. Authority to practice in the Philippines is governed by Philippine law and the Supreme Court’s rules. The two should not be treated as interchangeable. (1987 Constitution, Art. VIII, Sec. 5(5)) (Rules of Court, Rule 138, Sec. 2)

Key doctrines

A Philippine lawyer must not misrepresent a foreign lawyer’s authority or use an arrangement with that lawyer to engage in unlawful or deceitful conduct. The lawyer must also remain independent in advocating the client’s cause and must not let another person dictate case procedure. (Art. 1, CPRA)¹ (Art. 3, CPRA)² (Art. 5, CPRA)³

Bar tip

When a problem says counsel is “admitted abroad,” ask first whether the person has authority to practice in the Philippines. Do not assume either that foreign admission suffices or that every form of participation is governed by the same rule as a court appearance. (1987 Constitution, Art. XII, Sec. 14) (Rules of Court, Rule 138, Sec. 2)