5. Prohibitions and Restrictions on the Practice of Law

Prohibitions and Restrictions on the Practice of Law

Concept

Admission to the Bar does not give a lawyer an unrestricted right to practice in every circumstance. A prohibition bars practice while it applies; a restriction permits practice only within prescribed limits. The rules protect the independence of public office, the integrity of the courts, and the public’s reliance on qualified, accountable counsel. (Rule 138, Section 1, Rules of Court) (Constitution, Article VII, Section 13) (Art. 2, CPRA)¹

Governing provisions

The Constitution sets practice-of-profession limits for the President, Vice President, Cabinet members and their deputies and assistants; members of the Constitutional Commissions; and the Ombudsman and Deputies. These limits arise from the office held, not from a defect in the official’s standing as a lawyer. (Constitution, Article VII, Section 13) (Constitution, Article IX-A, Section 2) (Constitution, Article XI, Section 8)

Statutory and judicial rules address other positions. The Local Government Code governs governors and mayors, while the Code of Conduct and Ethical Standards for Public Officials and Employees addresses private practice by other government personnel. Judicial conduct rules separately govern justices, judges, court officials, and court personnel. The applicable office and governing provision must therefore be identified before stating the extent of a restriction. (Republic Act No. 7160, Section 90(a)) (Republic Act No. 6713, Section 7(b)(2)) (Code of Judicial Conduct and Accountability, Canon IV, Sections 16 and 19) (A.M. No. 25-06-11-SC, Canon II, Sections 8–9)

Requisites / Rules

• Office-based limits attach because a lawyer holds a specified public or judicial position. They concern whether professional work may be undertaken alongside official duties. (Constitution, Article VII, Section 13) (Republic Act No. 6713, Section 7(b)(2))
• Compliance-based limits concern a lawyer’s continuing authority to practice. Mandatory Continuing Legal Education noncompliance and suspension must not be treated as interchangeable: delayed compliance and more serious MCLE violations call for different disciplinary assessments, while suspension directly affects the privilege to practice for its duration. (Bar Matter No. 850, Rules 12–13) (A.C. No. 11617, 14 January 2026)² (Rule 138, Section 1, Rules of Court)
• Admission-based limits concern persons not admitted to the Philippine Bar, including foreign lawyers. Philippine admission and good and regular standing are the starting points for determining who may practice law; any limited authority must be identified under the applicable rule. (Rule 138, Section 1, Rules of Court)

Distinctions

A public-office restriction addresses the compatibility of practice with official responsibilities. MCLE delinquency and suspension concern a Philippine lawyer’s continuing authority. The foreign-lawyer question begins instead with admission to the Philippine Bar. These are different inquiries even though each can prevent a proposed appearance or engagement. (Constitution, Article VII, Section 13) (Bar Matter No. 850, Rules 12–13) (Rule 138, Section 1, Rules of Court)

Bar tip

Identify the person’s status first—public official, judicial officer or employee, delinquent or suspended lawyer, or foreign lawyer—then apply the governing provision. Do not assume that admission alone resolves an office-based or continuing-practice restriction. (Rule 138, Section 1, Rules of Court) (Republic Act No. 6713, Section 7(b)(2))