2018 Legal and Judicial Ethics, Q4

Atty. Cornelio Carbon, 36 years of age, had always dreamed of becoming a judge, and eventually, a justice, but his legal career took a different turn. Upon graduation, he joined a government-owned financial institution where he worked in the Loans and Claims Division. He also taught Negotiable Instruments Law in a nearby law school at night. He has been active in his IBP Chapter and other law organizations. However, in his 12 years of practice, he has never done trial or litigation work.
(a) Is Atty. Carbon engaged in the “practice of law”? (2.5%)
(b) Is Atty. Carbon qualified to become a Regional Trial Court Judge? (2.5%)

Quick check

What constitutes the 'practice of law' under the landmark ruling in Cayetano v. Monsod?

What is the statutory minimum age requirement for appointment as a Regional Trial Court Judge under Batas Pambansa Blg. 129?

How many years of legal practice are required for appointment to the position of Regional Trial Court Judge?

Does teaching law subjects in a recognized law school count toward fulfilling the required years of legal practice for the judiciary?

Is trial litigation experience mandatory for appointment as a Regional Trial Court Judge?

Learn more about these topics

1. Practice of Law
Under Cayetano v. Monsod, the practice of law is not limited to court litigation or appearance before judicial tribunals. It embraces any activity, in or out of court, that requires the application of legal knowledge, training, procedure, technique, and experience. Rendering legal advice, drafting contracts, working in legal or claims divisions of financial institutions, and teaching law in recognized institutions all constitute the practice of law because they demand the specialized application of legal principles and professional judgment.

2. Judicial Qualifications
Under Article VIII, Section 7(2) of the 1987 Constitution and Batas Pambansa Blg. 129, a person appointed as a Regional Trial Court judge must be a natural-born citizen of the Philippines, at least thirty-five years of age, and engaged in the practice of law in the Philippines for at least ten years. The law does not mandate that the candidate must possess trial or courtroom litigation experience, provided that the ten-year period is spent engaging in activities that legally constitute the practice of law.

3. Law Teaching
Teaching law subjects in accredited law schools constitutes the active practice of law. Interpreting statutory provisions, analyzing judicial precedents, and imparting legal doctrines to law students require legal scholarship and specialized legal expertise. Consequently, professorial work in law school, combined with corporate or institutional legal advisory work, counts toward fulfilling the mandatory ten-year legal practice requirement for appointment to the judiciary, including the Regional Trial Court.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026