NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No, 3400

Introduced by Representatives JONATHAN KEITH T. FLORES,
JOHN TRACY F. CAGAS, LORDAN G. SUAN

EXPLANATORY NOTE

In a landmark case entitled, “Cayetano vs. Monsod,” the Supreme Court held that
“practice of law” means 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
acts which are usually performed by members of the legal profession. Generally, to practice law
is to render any kind of service which requires the use of the legal knowledge or skill.

Conversely, the Unauthorized Practice of Law is engaging in the practice of law by persons
or entities not authorized to practice law pursuant to state law or using the designations “lawyer”,
“attorney-at-law’ ounselor-at-law”, “law”, “law office”, “J.D.", Es or other equivalent
words by any person or entity not authorized to practice. the use of which is reasonably likely to
induce others to believe that the person or entity is authorized to engage in the practice of law in
the Philippines.

Unfortunately, the legal profession is one of the most commonly faked profession in the
country. This is especially true in this day and age of information technology when everyone can
just go on the internet, read up on a legal subject, copy and paste a sample document, pleading or
contract and pass themselves up as lawyers to the mostly unsuspecting or something even willing
“clients”. This practice no doubt erodes the nobility of the legal profession. It undermines the
administration of the proper justice. Worse and most importantly, it makes the law as a tool by
which to deceive and defraud the court and the public.

Regrettably, the punishment for unauthorized practice of law does not afford enough
deterrence to would be transgressors. A person practicing law without authority is liable for
indirect contempt under Section 3(e) Rule 71 of the 1997 Rules of Civil Procedure, which provides,
a person assuming to be an attomey or an officer of the court, and acting as such without authority,
is liable for indirect contempt of court. Likewise, under Section 7 of the same rules, a respondent
adjudged guilty of indirect contempt committed against a Regional Trial Court or a court of
equivalent or higher rank “may be punished by a fine not exceeding thirty thousand pesos
(P30,000.00) or imprisonment not exceeding six (6) months, or both”. If a respondent is adjudged
guilty of contempt committed against a lower court, he “may be punished by a fine not exceeding
five thousand pesos or imprisonment not exceeding five thousand pesos or imprisonment not
exceeding one (1) month, or both”. The Rules of Court is not comprehensive enough.

This bill seeks to prohibit and penalize unauthorized practice of law. This bill enumerates
instances of unauthorized practice of law and other related acts and provides for a fitting and


substantial punishment for any violation thereof. With the passage of this bill, it is hoped that the
instances of fraud, misrepresentation, and deceit in the name of the legal profession will be
significantly be abated.

In view of the foregoing, immediate passage of the bill is earnestly encouraged.

ACK F.CAGAS
Mil Davao de Sur

» SUAN
yan de Oro City


NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES _)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 3400

Introduced by Representatives JONATHAN KEITH T. FLORES,
JOHN TRACY F. CAGAS, LORDAN G. SUAN

AN ACT
TO PROHIBIT AND PENALIZE THE UNAUTHORIZED PRACTICE OF LAW
AND OTHER RELATED ACTS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION I. Short Title - This Act shall be known as the “Unauthorized Practice
of Law Act of 2022”.

SEC. 2. Unauthorized Practice of Law — Any person found guilty of the
unauthorized practice of law shall be punished by imprisonment of prision mayor minimum
toprision mayor medium or a fine of One Hundred Thousand (P100,000.00) Pesos, or both,
in the discretion of the court.

For this purpose, a person shall be considered to be engaged in the unauthorized
practice of law if such person, not being a member of the Philippine Bar, does any of the
following acts:

a. Represents himself, or holds himself out to be, a member of the Philippine Bar, whether
for profit or not, to any other person;

b. Except only in the instances where the law or the Rules of Court allow a non-lawyer to
appear in court, appears in or files any pleading, motion, entry of appearance or any
other paper, with any court, tribunal or quasi-judicial body. or any agency or
instrumentality of the government, thereby representing himself to be a member of the
Philippine Bar;

c. By means of signs, cards, advertisements, written or printed matter, through the radio,
television or any other means of publication, advertise or represent himself to be a
member of the Philippine Bar, including but not limited to, using the prefix “Attorney”
or “Atty.” Before his name, including his name as a partner, associate or list of lawyers
of a law firm, or otherwise publicizing or advertising himself in any other manner to
be a member of the Philippine Bar.

SEC. 3. Unauthorized Notarial Acts — Except only in the instances allowed by
law and the Rules of Court, any person who, not being a member of the Philippine bar,
and/or having a valid notarial commission duly granted in accordance with the law and the
Rules of Notarial Practice, shall perform any act as Notary Public, as defined in the Rules
on Notarial Practice promulgated by the Supreme Court, or who shall advertise, represent
or otherwise hold himself out to be Notary Public, shall be punished by imprisonment of


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prision correctional medium to prision correctional maximum or fine of One Hundred
Thousand (P100,000.00) Pesos, or both. in the discretion of the court,

SEC. 4. Knowingly Allowing Unauthorized Notarial Acts ~ Any commissioned
Notary Public who knowingly allows any other person to perform any act as a Notary
Public by using or signing such notary public’s name and/or his notarial commission shall
be punished by imprisonment of prision correctional medium to prision mayor medium or
fine of Two Hundred Thousand (P200.000.00) Pesos. or both, in the discretion of the court.
For this purpose. the existence of any of the following circumstances shall constitute a
prima facie presumption that a Notary Public is knowingly allowing the use of his notarial
commission by another person or person. fo wit:

When such other person, or persons, issues an official receipt registered in the
name of the Notary Public as evidence of the receipt of the fees for the
performance of a notarial act:

b. When such other person, or persons, is/are possession of the O'
Notarial Registers of the Notary Public:

¢. When any document notarized by such other person, or persons. is included in
the Notary Register submitted by Notary Public to the court/s:

d. When it is shown that a signature purporting to be the Notary Public appears in

any document included in his Notarial Register was signed by another person:

Any other circumstances which sufficiently show that the Notary Public knew,

or must have known. that his notarial commission was being used by another

person.

icial Seal or

SEC. 5. Prosecution under this law not a bar to other penalties — The
prosecution of any person under this law shall not be bar against his prosecution under any
other law or against any civil. administrative. or criminal liability that his actions may result
to.

SEC. 6. Separability Clause = If for any reason, any provision of this Act is
declared invalid or unconstitutional, the remaining provisions not affected thereby shall
continue to be in full force and effect.

‘ion:

SEC. 7. Effectivity — This Act shall take effect fifteen (15) days after its publi
in the Official Gazette or in a newspaper of general circulation

Approved,