Below is a comprehensive guide on how to verify whether a lawyer is actively practicing law in the Philippines. This article covers the relevant Philippine laws, regulations, professional requirements, and practical steps you can take to confirm a lawyer’s status.

1. Overview of Legal Practice in the Philippines

In the Philippines, the practice of law is supervised and regulated by:

The Supreme Court of the Philippines, which has the inherent power to regulate the legal profession.
The Integrated Bar of the Philippines (IBP), the national organization of Philippine lawyers, which manages membership and assists in regulation and discipline.
The Mandatory Continuing Legal Education (MCLE) Office, which enforces compliance with continuing legal education requirements.

Any attorney who wishes to practice law must:

Pass the Philippine Bar Examinations;
Take the Attorney’s Oath;
Sign the Roll of Attorneys; and
Maintain good standing through regular membership in the IBP and compliance with MCLE requirements.

2. Legal Basis for Verifying a Lawyer’s Status

Article VIII, Section 5 of the 1987 Constitution
Empowers the Supreme Court to promulgate rules concerning the admission to the practice of law and the integrated bar.
Rule 139-A of the Rules of Court
Formally establishes the IBP, requires membership for all lawyers, and sets standards for good standing.
Bar Matter No. 850 (Mandatory Continuing Legal Education or “MCLE”)
Requires lawyers to undergo continuing legal education to maintain professional competence.
Code of Professional Responsibility
Governs ethical conduct and disciplinary sanctions for breaches.

3. Methods of Verification

A. Checking the Roll of Attorneys

Supreme Court Roll of Attorneys: All lawyers who have passed the Bar Examinations and taken the oath must sign the Roll of Attorneys in the Supreme Court’s Office of the Bar Confidant.
- Why it matters: A person not in the Roll is not authorized to practice law.
- How to check:
  - Direct Inquiry: You can inquire in person at the Office of the Bar Confidant (Supreme Court of the Philippines, Padre Faura, Ermita, Manila).
  - Written Request: You may send a formal letter requesting confirmation of a lawyer’s enrollment in the Roll of Attorneys. In general, you should provide the lawyer’s full name, date of admission (if known), and other identifying details.

B. Verifying IBP Membership and Good Standing

Integrated Bar of the Philippines
- Membership: All lawyers must maintain active membership in the IBP to be in good standing.
- Dues and Fees: Lawyers who fail to pay their IBP dues or face disciplinary issues (e.g., suspension, disbarment) are not considered in good standing.
- How to check:
  - Contact IBP National Office:
    - (02) 8-631-3014 / (02) 8-631-3018 (commonly listed lines, though numbers may change)
    - Inquire directly about a lawyer’s membership status.
  - IBP Chapters: Each region or city has its own IBP chapter which also maintains membership records. For specific areas, you can contact the local IBP chapter.
  - IBP Official Website: Some IBP chapters may provide limited online directories. However, the most reliable method is a direct call or email inquiry.

C. Confirming MCLE Compliance

Mandatory Continuing Legal Education (MCLE)
- Requirement: Under Bar Matter No. 850, lawyers are required to periodically comply with MCLE credits. The MCLE ensures they keep abreast of recent laws, regulations, and jurisprudence.
- Effect of Non-Compliance: A lawyer who fails to complete the required credits cannot sign pleadings and is considered “not in good standing” until compliance is satisfied.
- How to check:
  - MCLE Office: Located at the Supreme Court premises, the MCLE Office can confirm whether a lawyer has met the required MCLE units.
  - Lawyer’s MCLE Certificate: Lawyers are typically issued a compliance certificate or proof of compliance that can be requested directly from the lawyer.

D. Reviewing Disciplinary Records or Court Orders

Disciplinary Proceedings: Lawyers may be suspended or disbarred for violations of legal ethics under the Code of Professional Responsibility.
Sources of Information:
1. Supreme Court Decisions: The Supreme Court publishes decisions on disciplinary cases involving lawyers on its official website and in the Philippine Reports.
2. IBP Investigations: IBP chapters initially investigate complaints against lawyers, and the findings are ultimately decided by the Supreme Court.
How to check:
- Supreme Court E-Library (sc.judiciary.gov.ph) allows you to search for published decisions where a lawyer might have been sanctioned, suspended, or disbarred.
- Request from IBP or the Office of the Bar Confidant: A direct inquiry can confirm if a lawyer is under disciplinary suspension.

E. Requesting Proof from the Lawyer

Active Practice Documentation:
- Updated IBP Official Receipt or Certificate of Membership confirming payment of dues.
- MCLE Compliance Certificate or compliance status.
- Official lawyer’s Identification Card (IBP ID).
Why this matters: Legitimate lawyers in active practice usually carry updated proof of good standing. If a lawyer cannot provide such documents upon request, it is a red flag warranting further verification.

4. Practical Tips and Best Practices

Always Cross-Check: If the lawyer provides a Roll Number or IBP Number, verify this with official sources.
Ask for Identification: A professional lawyer should be able to provide an IBP ID or compliance certificate.
Look for Consistency: Compare details in court pleadings (if any) with the information provided by the lawyer—e.g., name, Roll Number, MCLE compliance details.
Be Aware of Disbarment Lists: Some unscrupulous individuals pose as attorneys even after being disbarred or suspended. Always verify if any disciplinary action is in effect.
When in Doubt, Contact the Supreme Court or IBP: A quick call or email can clarify the status of an attorney.

5. Consequences of Practicing Law Without Proper Authorization

Unauthorized Practice of Law (UPL): A non-lawyer or an inactive lawyer who holds himself or herself out to practice law can be criminally charged for UPL.
Impact on Legal Proceedings: Pleadings and legal documents filed by a person not authorized to practice law may be declared invalid or ineffective.
Sanctions on Lawyers: A duly admitted lawyer who continues to practice despite suspensions or non-compliance with MCLE requirements can face disciplinary actions (including further suspension or disbarment).

6. Summary

Verifying if a lawyer is actively practicing in the Philippines involves confirming:

Inclusion in the Roll of Attorneys at the Supreme Court.
Good standing and membership in the Integrated Bar of the Philippines.
MCLE compliance according to Supreme Court rules.
No existing disciplinary orders (suspension or disbarment).

With these steps, clients, potential employers, or anyone in need of legal representation can ensure they are engaging with a properly authorized, active Philippine attorney.

Disclaimer

This article provides general information and does not constitute legal advice. For authoritative verification or specific inquiries, please contact the Supreme Court of the Philippines, the IBP, the MCLE Office, or seek independent legal counsel.

By following these guidelines, you can confidently verify whether a lawyer in the Philippines is actively practicing and in good standing.