I’m not talking about track record, competence, degree of confidence and the high level of trust that comes with the attorney-client relationship. Of course, these considerations are crucial because a client entrusts his properties, even his liberty and life, to the able hands of his lawyer.
What I’m referring to is something that I never imagined I would encounter. Only members of the Philippine Bar of good standing, or those who passed the bar exams (scheduled every September of each year) given by the Supreme Court and have taken the lawyer’s oath, may practice law (every lawyer is a compulsory member of the Integrated Bar of the Philippines). Only recently, we discovered that the opposing “counsel” in a criminal case is apparently not a lawyer (well, that’s what the certification from the Office of Bar Confidant stated).
Of course, there are exceptions. For instance, 4th year law students may practice law under a Supreme Court-sanctioned clinical legal education program, just like the U.P. College of Law Office of Legal Aid (OLA).
How to initially check if someone who claims to be a “lawyer” is really a lawyer? You can check the Law List at the Supreme Court website. Please note that the Law List is only up to a certain date (so make sure to check the list those who passed the 2004, 2005, 2006 and 2007 bar exams are in the SC website). Please also note that someone who passed the bar exams, without having taken the oath, is not yet a full-fledged lawyer. To be sure, however, check with the SC Office of the Bar Confidant. They have the complete record.
It may happen that a person in Law List: (a) is already dead; (b) had been suspended from the practice of law; or (c) disbarred. It may also happen that the name is registered in the Law List, but the identity of that lawyer is being used by a non-lawyer.
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Hi,
Gusto ko sana humingi ng legal advise. Last November 2016 nagrent kami ng bahay kay Mr. Gil Desamito Alcantara. Everything went well kasi may mga contract pa and everything. But as time pass by after namin pumirma sa lease contract di niya na binalik copy namin and lagi niyang excuse is pinapanotaryo pa and worse naggagalit galitan siya and sabi niya lawyer daw siya alam niya ginagawa niya. He issued spurious receipts sa rental payments namin. So sabi ko I need a formal OR kasi nga yung rent ko is nirereimburse ko sa company ko. In short, out of my pocket naging renta ko sakanya at di ako makareimburse sa company ko. Naggalit galitan siya ulit. Then after a year kasi ang hirap talaga makahanap ng bahay eh saka for the protection of my family narin kasi may 2 akong baby, nagpaalam ako na gagamitin deposito namin na 2 months. Actually, he agreed verbally lang na ok sige. Aba nagalit at namamahiya siya na kesyo abuso daw kami umalis na kami to think na may deposito pa kami. What legal actions can I take against him? and what would be my liabilities if ever.
try looking for a lawyer and file your concern for moral damages and article 28 of the civil code may also be applied for your case.