CONSTI

ART VIII - JUDICIAL DEPT

Section 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or regulation
is in question.
(b) All cases involving the legality of any tax, impost, assessment,
or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as
public interest may require. Such temporary assignment shall not
exceed six months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the integrated bar,
and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy

disposition of cases, shall be uniform for all courts of the same

grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme
Court.
(6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.

ART XII NATIONAL ECONOMY AND PATRIMONY

Section 14. The sustained development of a reservoir of national
talents
consisting
of
Filipino
scientists,
entrepreneurs,
professionals, managers, high-level technical manpower and
skilled workers and craftsmen in all fields shall be promoted by
the State. The State shall encourage appropriate technology and
regulate its transfer for the national benefit.
The practice of all professions in the Philippines shall be limited to
Filipino citizens, save in cases prescribed by law.
ART VII EXECUTIVE DEPT
Section 13. The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not, unless
otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said
tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by
the Government or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporations
or their subsidiaries. They shall strictly avoid conflict of interest in
the conduct of their office.
The spouse and relatives by consanguinity or affinity within the
fourth civil degree of the President shall not, during his tenure, be
appointed as Members of the Constitutional Commissions, or the
Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including governmentowned or controlled corporations and their subsidiaries.

ART IX CONSTI COMMS

Section 2. No member of a Constitutional Commission shall,
during his tenure, hold any other office or employment. Neither
shall he engage in the practice of any profession or in the active
management or control of any business which, in any way, may
be affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any contract with,
or in any franchise or privilege granted by the Government, any
of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
ART VI LEGISLATIVE DEPT
Section 14. No Senator or Member of the House of
Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-judicial
and other administrative bodies. Neither shall he, directly or
indirectly, be interested financially in any contract with, or in any
franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporation, or its subsidiary,
during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office.

Republic Act No. 9225

August 29, 2003

AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO

ACQUIRE FOREIGN CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS
AMENDED AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Short Title this act shall be known as the "Citizenship
Retention and Re-acquisition Act of 2003."

Section 2. Declaration of Policy - It is hereby declared the policy of the

State that all Philippine citizens of another country shall be deemed not to
have lost their Philippine citizenship under the conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any provision of law to
the contrary notwithstanding, natural-born citizenship by reason of their
naturalization as citizens of a foreign country are hereby deemed to have
re-acquired Philippine citizenship upon taking the following oath of
allegiance to the Republic:
"I _____________________, solemny swear (or affrim) that I will
support and defend the Constitution of the Republic of the
Philippines and obey the laws and legal orders promulgated by the
duly constituted authorities of the Philippines; and I hereby declare
that I recognize and accept the supreme authority of the Philippines
and will maintain true faith and allegiance thereto; and that I
imposed this obligation upon myself voluntarily without mental
reservation or purpose of evasion."
Natural born citizens of the Philippines who, after the effectivity of this Act,
become citizens of a foreign country shall retain their Philippine citizenship
upon taking the aforesaid oath.
Section 4. Derivative Citizenship - The unmarried child, whether
legitimate, illegitimate or adopted, below eighteen (18) years of age, of
those who re-acquire Philippine citizenship upon effectivity of this Act shall
be deemed citizenship of the Philippines.
Section 5. Civil and Political Rights and Liabilities - Those who retain
or re-acquire Philippine citizenship under this Act shall enjoy full civil and
political rights and be subject to all attendant liabilities and responsibilities
under existing laws of the Philippines and the following conditions:
(1) Those intending to exercise their right of surffrage must Meet the
requirements under Section 1, Article V of the Constitution, Republic
Act No. 9189, otherwise known as "The Overseas Absentee Voting
Act of 2003" and other existing laws;
(2) Those seeking elective public in the Philippines shall meet the
qualification for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation of

any and all foreign citizenship before any public officer authorized to
administer an oath;
(3) Those appointed to any public office shall subscribe and swear to
an oath of allegiance to the Republic of the Philippines and its duly
constituted authorities prior to their assumption of office: Provided,
That they renounce their oath of allegiance to the country where
they took that oath;
(4) Those intending to practice their profession in the Philippines
shall apply with the proper authority for a license or permit to engage
in such practice; and
(5) That right to vote or be elected or appointed to any public office
in the Philippines cannot be exercised by, or extended to, those who:
(a) are candidates for or are occupying any public office in the
country of which they are naturalized citizens; and/or
(b) are in active service as commissioned or noncommissioned officers in the armed forces of the country
which they are naturalized citizens.
Section 6. Separability Clause - If any section or provision of this Act is
held unconstitutional or invalid, any other section or provision not affected
thereby shall remain valid and effective.
Section 7. Repealing Clause - All laws, decrees, orders, rules and
regulations inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
Section 8. Effectivity Clause This Act shall take effect after fifteen (15)
days following its publication in theOfficial Gazette or two (2) newspaper of
general circulation.

REPUBLIC ACT NO. 910

AN ACT TO PROVIDE FOR THE RETIREMENT OF JUSTICES OF THE
SUPREME COURT AND OF THE COURT OF APPEALS, FOR THE
ENFORCEMENT OF THE PROVISIONS HEREOF BY THE

GOVERNMENT SERVICE INSURANCE SYSTEM, AND TO REPEAL

COMMONWEALTH ACT NUMBERED FIVE HUNDRED AND THIRTY-SIX
Section 1. When a Justice of the Supreme Court or of the Court of
Appeals who has rendered at least twenty years' service either in the
judiciary or in any other branch of the Government, or in both, (a) retires
for having attained the age of seventy years, or (b) resigns by reason of his
incapacity to discharge the duties of his office, he shall receive during the
residue of his natural life, in the manner hereinafter provided, the salary
which he was receiving at the time of his retirement or resignation. And
when a Justice of the Supreme Court or of the Court of Appeals has
attained the age of fifty-seven years and has rendered at least twentyyears' service in the Government, ten or more of which have been
continuously rendered as such Justice or as judge of a court of record, he
shall be likewise entitled to retire and receive during the residue of his
natural life, in the manner also hereinafter prescribed, the salary which he
was then receiving. It is a condition of the pension provided for herein that
no retiring Justice during the time that he is receiving said pension shall
appear as counsel before any court in any civil case wherein the
Government or any subdivision or instrumentality thereof is the adverse
party, or in any criminal case wherein and officer or employee of the
Government is accused of an offense committed in relation to his office, or
collect any fee for his appearance in any administrative proceedings to
maintain an interest adverse to the Government, insular, provincial or
municipal, or to any of its legally constituted officers.
Section 2. In case a Justice of the Supreme Court or of the Court of
Appeals dies while in actual service, his heirs shall receive a lump sum
amounting to the salary that said Justice was receiving at the time of his
demise for five years if by reason of his length of service in the
Government he were already entitled to the benefits of this Act; otherwise
his heirs shall only receive a lump sum equivalent to his last salary for two
years, in addition to a reimbursement of all premiums that he may have
paid under this Act. The same benefits provided in this Section shall be
extended to any incumbent Justice of the Supreme Court or of the Court of
Appeals who, without having attained the length of service required in
section one hereof, shall have to retire upon reaching the age of seventy
years, or for other causes, such as illness, to be certified to by the tribunal
to which the Justice concerned belongs, which render him incapacitated to
continue in his position.
Section 3. Upon retirement a Justice of the Supreme Court or of the Court
of Appeals shall be automatically entitled to a lump sum payment of the

monthly salary that said Justice was receiving at the time of his retirement
for five years, and thereafter upon survival after the expiration of this
period of five years, to a further annuity payable monthly during the residue
of his natural life equivalent to the amount of the monthly salary he was
receiving on the date of his retirement.
Section 4. A retiring Justice who is entitled to the benefits of any prior
retirement gratuity Act shall have the option to choose between the
benefits in such Act and those herein provided for, and in such case he
shall be entitled only to the benefits so chosen: Provided, however, That a
Justice retired under any prior Act and who is thereafter appointed to the
Supreme Court or to the Court of Appeals, shall be entitled to the benefits
of this Act on condition that, in case he has not fully refunded to the
Government the gratuity previously received by him, there shall be
deducted from the amount payable to him under this Act such monthly
installments as are required in section six of Act Numbered Four thousand
and fifty-one, as amended, until the gratuity already received by him shall
have been refunded in full.lawphil.net
Section 5. The Government Service Insurance System shall take charge
of the enforcement and operation of this Act, and no Justice of the
Supreme Court or of the Court of Appeals shall be entitled to receive any
gratuity or pension herein provided unless from the month following the
approval of this Act, in case of an actual Justice of any of said courts, or
from the month following his appointment, and qualification as such
Justice, in case of future appointment, he shall have contributed to the
funds of the System by paying a monthly premium of fifty pesos.
Section 6. Commonwealth Act Numbered Five hundred and thirty-six and
any other provision in conflict with this Act are hereby repealed.
Section 7. This Act shall take effect upon its approval.
ATTORNEYS&ADMISSIONTOBAR
Rule138
Section 1.Who may practice law. Any person heretofore
duly admitted as a member of the bar, or hereafter
admittedassuchinaccordancewiththeprovisionsof
thisrule,andwhoisingoodandregularstanding,is
entitledtopracticelaw.chanroblesvirtualawlibrary
Sec.2.Requirementsforallapplicantsforadmissiontothebar.Every
applicantforadmissionasamemberofthebarmustbe

acitizenofthePhilippines,atleasttwentyoneyears
ofage,ofgoodmoralcharacter,andaresidentofthe
Philippines;andmustproducebeforetheSupremeCourt
satisfactoryevidenceofgoodmoralcharacter,andthat
nochargesagainsthim,involvingmoralturpitude,have
been filed or are pending in any court in the
Philippines.chanroblesvirtuallawlibrary
Sec.3.RequirementsforlawyerswhoarecitizensoftheUnitedStatesof
America.CitizensoftheUnitedStatesofAmericawho,
beforeJuly4,1946,weredulylicensedmembersofthe
PhilippineBar,inactivepracticeinthecourtsofthe
Philippines and in good and regular standing as such
may,uponsatisfactoryproofofthosefactsbeforethe
Supreme Court, be allowed to continue such practice
after taking the following oath of
office:chanroblesvirtuallawlibrary
"I,_________________________,havingbeenpermittedto
continueinthepracticeoflawinthePhilippines,do
solemnlyswearthatIrecognizethesupremeauthority
oftheRepublicofthePhilippines;Iwillsupportits
Constitution and obey the laws as well as the legal
ordersofthedulyconstitutedauthoritiestherein;I
willdonofalsehood,norconsenttothedoingofany
incourt;Iwillnotwittinglyorwillinglypromoteor
sue any groundless, false or unlawful suit, nor give
aidnorconsenttothesame;Iwilldelaynomanfor
money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion
withallgoodfidelityaswelltothecourtsastomy
clients; and I impose upon myself this voluntary
obligationwithoutanymentalreservationorpurposeof
evasion.SohelpmeGod."
Sec. 4.Requirements for applicants from other jurisdictions.
Applicantsforadmissionwho,beingFilipinocitizens,
areenrolledattorneysingoodstandingintheSupreme
CourtoftheUnitedStatesorinanycircuitcourtof
appeals or district court therein, or in the highest
courtofanyStateorTerritoryoftheUnitedStates,
andwhocanshowbysatisfactorycertificatesthatthey
have practiced at least five years in any of said
courts,thatsuchpracticebeganbeforeJuly4,1946,

andthattheyhaveneverbeensuspendedordisbarred,
may, in the discretion of the Court, be admitted
withoutexamination.chanroblesvirtualawlibrary
Sec. 5.Additional requirements for other applicants. All
applicants foradmission otherthan thosereferred to
in the two preceding sections shall, before being
admitted to the examination, satisfactorily show that
they have regularly studied law for four years, and
successfullycompletedallprescribedcourses,inalaw
school or university, officially approved and
recognizedbytheSecretaryofEducation.Theaffidavit
ofthecandidate,accompaniedbyacertificatefromthe
universityorschooloflaw,shallbefiledasevidence
ofsuchfacts,andfurtherevidencemayberequiredby
the

court.
Noapplicantshallbeadmittedtothebarexaminations
unless he has satisfactorily completed the following
coursesinalawschooloruniversitydulyrecognized
bythegovernment:civillaw,commerciallaw,remedial
law, criminal law, public and private international
law, political law, labor and social legislation,
medicaljurisprudence,taxationandlegalethics.chan
roblesvirtuallawlibrary
Sec.6.PreLaw.Noapplicantforadmissiontothebar
examination shall be admitted unless he presents a
certificate that he has satisfied the Secretary of
Education that, before he began the study of law, he
had pursued and satisfactorily completed in an
authorized and recognized university or college,
requiring for admission thereto the completion of a
fouryear high school course, the course of study
prescribedthereinforabachelor'sdegreeinartsor
scienceswithanyofthefollowingsubjectsasmajoror
field of concentration: political science, logic,
english,spanish,historyandeconomics.
Sec.7.Timeforfilingproofofqualifications.Allapplicantsfor
admission shall file with the clerk of the Supreme
Courttheevidencerequiredbysection2ofthisrule
atleastfifteen(15)daysbeforethebeginningofthe
examination.Ifnotembracedwithinsections3and4of

thisruletheyshallalsofilewithinthesameperiod
the affidavit and certificate required by section 5,
and if embraced within sections 3 and 4 they shall
exhibit a license evidencing the fact of their
admission to practice, satisfactory evidence that the
samehasnotbeenrevoked,andcertificatesastotheir
professional standing. Applicants shall also file at
the same time their own affidavits as to their age,
residence,andcitizenship.
Sec. 8.Notice of applications. Notice of applications for
admission shall be published by the clerk of the
Supreme Court in newspapers published in Pilipino,
EnglishandSpanish,foratleastten(10)daysbefore
thebeginningoftheexamination.
Sec. 9.Examination; subjects. Applicants, not otherwise
providedforinsections3and4ofthisrule,shallbe
subjected to examinations in the following subjects:
Civil Law; Labor and Social Legislation; Mercantile
Law; Criminal Law; Political Law (Constitutional Law,
Public Corporations, and Public Officers);
International Law (Private and Public); Taxation;
RemedialLaw(CivilProcedure,CriminalProcedure,and
Evidence); Legal Ethics and Practical Exercises (in
PleadingandConveyancing).
Sec. 10.Bar examination, by questions and answers, and in writing.
Personstakingtheexaminationshallnotbringpapers,
books or notes into the examination rooms. The
questions shall be the same for all examinees and a
copythereof,inEnglishorSpanish,shallbegivento
each examinee. Examinees shall answer the questions
personallywithouthelpfromanyone.
Upon verifiedapplication madeby anexaminee stating
that his penmanship is so poor that it will be
difficult to read his answers without much loss of
time,theSupremeCourtmayallowsuchexamineetouse
atypewriterinansweringthequestions.Onlynoiseless
typewriters shall be allowed to be used.chan robles
virtual

law

library
The committee of bar examiners shall take such
precautions as are necessary to prevent the

substitution ofpapers orcommission ofother frauds.

Examinees shall not place their names on the
examinationpapers.Nooralexaminationshallbegiven.
Sec. 11.Annual examination. Examinations for admission
tothebarofthePhilippinesshalltakeplaceannually
intheCityofManila.Theyshallbeheldinfourdays
to be designated by the chairman of the committee on
bar examiners. The subjects shall be distributed as
follows: First day: Political and International Law
(morning)andLaborandSocialLegislation(afternoon);
Second day: Civil Law (morning) and Taxation
(afternoon); Third day: Mercantile Law (morning) and
Criminal Law (afternoon); Fourth day: Remedial Law
(morning) and Legal Ethics and Practical Exercises
(afternoon).
Sec. 12.Committee of examiners. Examinations shall be
conducted by a committee of bar examiners to be
appointedbytheSupremeCourt.Thiscommitteeshallbe
composedofaJusticeoftheSupremeCourt,whoshall
act as chairman, and who shall be designated by the
courttoserveforoneyear,andeightmembersofthe
bar of the Philippines, who shall hold office for a
periodofoneyear.Thenamesofthemembersofthis
committee shall be published in each volume of the
officialreports.
Sec.13.Disciplinarymeasures.Nocandidateshallendeavor
to influence any member of the committee, and during
examination the candidates shall not communicate with
each other nor shall they give or receive any
assistance.Thecandidatewhoviolatesthisprovision,
or any other provision of this rule, shall be barred
from the examination, and the same to count as a
failure against him, and further disciplinary action,
including permanent disqualification, may be taken in
the discretion of the court.chan robles virtual law
library
Sec.14.Passingaverage. Inorderthatacandidatemay
bedeemedtohavepassedhisexaminationssuccessfully,
hemusthaveobtainedageneralaverageof75percent
inallsubjects,withoutfallingbelow50percentin
any subject.In determiningthe average,the subjects

in the examination shall be given the following

relative weights: Civil Law, 15 per cent; Labor and
SocialLegislation,10percent;MercantileLaw,15per
cent; Criminal Law; 10 per cent; Political and
InternationalLaw,15percent;Taxation,10percent;
RemedialLaw,20percent;LegalEthicsandPractical
Exercises,5percent.
Sec. 15.Report of the committee; filing of examination papers. Not
laterthanFebruary15thaftertheexamination,oras
soon thereafter as may be practicable, the committee
shall file its reports on the result of such
examination. The examination papers and notes of the
committeeshallbefixedwiththeclerkandmaythere
beexaminedbythepartiesininterest,afterthecourt
hasapprovedthereport.
Sec.16.Failingcandidatestotakereviewcourse.Candidateswho
havefailedthebarexaminationsforthreetimesshall
bedisqualifiedfromtakinganotherexaminationunless
they show to the satisfaction of the court that they
haveenrolledinandpassedregularfourthyearreview
classesaswellasattendedaprebarreviewcoursein
a

recognized

law

school.
The professors of the individual review subjects
attended by the candidates under this rule shall
certify underoath thatthe candidateshave regularly
attendedclassesandpassedthesubjectsunderthesame
conditions as ordinary students and the ratings
obtainedbythemintheparticularsubject.
Sec.17.Admissionandoathofsuccessfulapplicants.Anapplicant
who has passed the required examination, or has been
otherwisefoundtobeentitledtoadmissiontothebar,
shalltakeandsubscribebeforetheSupremeCourtthe
correspondingoathofoffice.
Sec. 18.Certificate. The Supreme Court shall thereupon
admittheapplicantasamemberofthebarforallthe
courtsofthePhilippines,andshalldirectanorderto
beenteredtothateffectuponitsrecords,andthata
certificateofsuchrecordbegiventohimbytheclerk
ofcourt,whichcertificateshallbehisauthorityto
practice.chanroblesvirtuallawlibrary

Sec. 19.Attorneys' roll. The clerk of the Supreme Court

shall keep a roll of all attorneys admitted to
practice, which roll shall be signed by the person
admittedwhenhereceiveshiscertificate.
Sec. 20.Duties of attorneys. It is the duty of an
attorney:chanroblesvirtuallawlibrary
(a) To maintain allegiance to the Republic of the
Philippines and to support the Constitution and obey
the

laws

of

the

Philippines;
(b) To observe and maintain the respect due to the
courts of justice and judicial officers;
(c)Tocounselormaintainsuchactionsorproceedings
only as appear to him to be just, and such defenses
onlyashebelievestobehonestlydebatableunderthe
law;
(d) To employ, for the purpose of maintaining the
causes confided to him, such means only as are
consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an
artifice or false statement of fact or law;
(e)Tomaintaininviolatetheconfidence,andatevery
peril to himself, to preserve the secrets of his
client, and to accept no compensation in connection
withhisclient'sbusinessexceptfromhimorwithhis
knowledge

and

approval;
(f) To abstain from all offensive personality and to
advancenofactprejudicialtothehonororreputation
ofapartyorwitness,unlessrequiredbythejustice
of the cause with which he is charged;
(g) Not to encourage either the commencement or the
continuance of an action or proceeding, or delay any
man's cause, from any corrupt motive or interest;
(h)Nevertoreject,foranyconsiderationpersonalto
himself, the cause of the defenseless or oppressed;

(i)Inthedefenseofapersonaccusedofcrime,byall
fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present
everydefensethatthelawpermits,totheendthatno
personmaybedeprivedoflifeorliberty,butbydue
processoflaw.
Sec. 21.Authority of attorney to appear. An attorney is
presumed to be properly authorized to represent any
cause in which he appears, and no written power of
attorney is required to authorize him to appear in
courtforhisclient,butthepresidingjudgemay,on
motion of either party and on reasonable grounds
thereforbeingshown,requireanyattorneywhoassumes
therighttoappearinacasetoproduceorprovethe
authority under which he appears, and to disclose,
wheneverpertinenttoanyissue,thenameoftheperson
whoemployedhim,andmaythereuponmakesuchorderas
justice requires. An attorney wilfully appearing in
court for a person without being employed, unless by
leaveofthecourt,maybepunishedforcontemptasan
officerofthecourtwhohasmisbehavedinhisofficial
transactions.chanroblesvirtuallawlibrary
Sec.22.Attorneywhoappearsinlowercourtpresumedtorepresentclient
onappeal. Anattorneywhoappearsdeparteinacase
before a lower court shall be presumed to continue
representing his client on appeal, unless he files a
formal petition withdrawing his appearance in the
appellatecourt.
Sec. 23.Authority of attorneys to bind clients. Attorneys have
authority to bind their clients in any case by any
agreementinrelationtheretomadeinwriting,andin
takingappeals,andinallmattersofordinaryjudicial
procedure.Buttheycannot,withoutspecialauthority,
compromise their client's litigation, or receive
anythingindischargeofaclient'sclaimbutthefull
amountincash.
Sec. 24.Compensation of attorneys; agreement as to fees. An
attorneyshallbeentitledtohaveandrecoverfromhis
clientnomorethanareasonablecompensationforhis
services,withaviewtotheimportanceofthesubject

matterofthecontroversy,theextentoftheservices
rendered, and the professional standing of the
attorney. No court shall be bound by the opinion of
attorneys as expert witnesses as to the proper
compensation,butmaydisregardsuchtestimonyandbase
its conclusion on its own professional knowledge. A
writtencontractforservicesshallcontroltheamount
to be paid therefor unless found by the court to be
unconscionableorunreasonable.
Sec. 25.Unlawful retention of client's funds; contempt. When an
attorney unjustly retains in his hands money of his
clientafterithasbeendemanded,hemaybepunished
for contempt as an officer of the Court who has
misbehaved in his official transactions; but
proceedingsunderthissectionshallnotbeabartoa
criminalprosecution.
Sec.26.Changeofattorneys.Anattorneymayretireatany
time from any action or special proceeding, by the
written consent of his client filed in court. He may
also retire at any time from an action or special
proceeding, withoutthe consentof hisclient, should
thecourt,onnoticetotheclientandattorney,andon
hearing, determine that he ought to be allowed to
retire. In case of substitution, the name of the
attorneynewlyemployedshallbeenteredonthedocket
ofthecourtinplaceoftheformerone,andwritten
notice of the change shall be given to the adverse
party.
A client may at any time dismiss his attorney or
substitute another in his place, but if the contract
betweenclientandattorneyhasbeenreducedtowriting
and the dismissal of the attorney was without
justifiablecause,heshallbeentitledtorecoverfrom
the client the full compensation stipulated in the
contract.However,theattorneymay,inthediscretion
of the court, intervene in the case to protect his
rights. For the payment of his compensation the
attorneyshallhavealienuponalljudgmentsforthe
paymentofmoney,andexecutionsissuedinpursuanceof

such judgment, rendered in the case wherein his

serviceshadbeenretainedbytheclient.
Sec. 27.Attorneys removed or suspended by Supreme Court on what
grounds. A member of the bar may be removed or
suspended from his office as attorney by the Supreme
Court for any deceit, malpractice, or other gross
misconductinsuchoffice,grosslyimmoralconduct,or
byreasonofhisconvictionofacrimeinvolvingmoral
turpitude,orforanyviolationoftheoathwhichheis
requiredtotakebeforeadmissiontopractice,orfora
wilfulldisobedienceofanylawfulorderofasuperior
court, or for corruptly or wilfully appearing as an
attorneyforapartytoacasewithoutauthoritysoto
do. The practice of soliciting cases at law for the
purpose of gain, either personally or through paid
agentsorbrokers,constitutesmalpractice.
Sec.28.SuspensionofattorneybytheCourtofAppealsoraCourtofFirst
Instance. The Court of Appeals or a Court of First
Instancemaysuspendanattorneyfrompracticeforany
ofthecausesnamedinthelastprecedingsection,and
aftersuchsuspensionsuchattorneyshallnotpractice
his profession until further action of the Supreme
Courtinthepremises.
Sec.29.UponsuspensionbyCourtofAppealsorCourtofFirstInstance,
furtherproceedingsinSupremeCourt.Uponsuchsuspension,the
CourtofAppealsortheCourtofFirstInstanceshall
forthwith transmit to the Supreme Court a certified
copyoftheorderorsuspensionandafullstatementof
the facts upon which the same was based. Upon the
receipt of such certified copy and statement, the
Supreme Court shall make full investigation of the
facts involved and make such order revoking or
extendingthesuspension,orremovingtheattorneyfrom
hisofficeassuch,asthefactswarrant.chanrobles
virtuallawlibrary
Sec. 30.Attorney to be heard before removal or suspension. No
attorney shall be removed or suspended from the
practice of his profession, until he has had full
opportunity upon reasonable notice to answer the
charges against him, to produce witnesses in his own
behalf,andtobeheardbyhimselforcounsel.Butif

upon reasonable notice he fails to appear and answer

theaccusation,thecourtmayproceedtodeterminethe
matterexparte.
Sec.31.Attorneysfordestitutelitigants.Acourtmayassignan
attorneytorenderprofessionalaidfreeofchargeto
anypartyinacase,ifuponinvestigationitappears
that the party is destitute and unable to employ an
attorney, and that the services of counsel are
necessarytosecuretheendsofjusticeandtoprotect
therightsoftheparty.Itshallbethedutyofthe
attorney so assigned to render the required service,
unless he is excused therefrom by the court for
sufficientcauseshown.
Sec. 32.Compensation for attorneys de oficio. Subject to
availability of funds as may be provided by law the
court may, in its discretion, order an attorney
employed as counselde oficioto be compensated in such
sumasthecourtmayfixinaccordancewithsection24
ofthisrule.Wheneversuchcompensationisallowed,it
shall not be less than thirty pesos (P30.00) in any
case, nor more than the following amounts: (1) Fifty
pesos(P50.00)inlightfelonies;(2)Onehundredpesos
(P100.00)inlessgravefelonies;(3)Twohundredpesos
(P200.00) in grave felonies other than capital
offenses; (4)Five hundredpesos (P500.00)in capital
offenses.chanroblesvirtuallawlibrary
Sec.33.StandingincourtofpersonsauthorizedtoappearforGovernment.
Anyofficialorotherpersonappointedordesignated
inaccordancewithlawtoappearfortheGovernmentof
the Philippines shall have all the rights of a duly
authorizedmemberofthebartoappearinanycasein
which said government has an interest direct or
indirect.
Sec. 34.By whom litigation conducted. In the court of a
justiceofthepeaceapartymayconducthislitigation
inperson,withtheaidofanagentorfriendappointed
by him for that purpose, or with the aid of an
attorney.Inanyothercourt,apartymayconducthis
litigationpersonallyorbyaidofanattorney,andhis
appearance must be either personal or by a duly
authorizedmemberofthebar.

Sec. 35.Certain attorneys not to practice. No judge or other

officialoremployeeofthesuperiorcourtsorofthe
Office of the Solicitor General, shall engage in
private practice as a member of the bar or give
professionaladvicetoclients.
Sec.36.Amicuscuriae.Thecourtmay,inspecialcases,
and upon proper application, permit the appearance,
asamicicuriae,ofthoselawyerswhoinitsopinioncan
helpinthedispositionofthematterbeforeit;orit
may,onitsowninitiative,inviteprominentattorneys
toappearasamicicuriaeinsuchspecialcases.
Sec. 37.Attorneys' liens. An attorney shall have a lien
upon the funds, documents and papers of his client
which have lawfully come into his possession and may
retainthesameuntilhislawfulfeesanddisbursements
have been paid, and may apply such funds to the
satisfactionthereof.Heshallalsohavealientothe
same extent upon all judgments for the payment of
money, and executions issued in pursuance of such
judgments,whichhehassecuredinalitigationofhis
client, from and after the time when he shall have
caused a statement of his claim of such lien to be
entered upon the records of the court rendering such
judgment, or issuing such execution, and shall have
caused written notice thereof to be delivered to his
clientandtotheadverseparty;andheshallhavethe
samerightandpoweroversuchjudgmentsandexecutions
ashisclientwouldhavetoenforcehislienandsecure
thepaymentofhisjustfeesanddisbursements.
LAWSTUDENTPRACTICERULE
Rule138A
SECTION1.ConditionsforStudentPractice.Alawstudentwho
has successfully completed 3rd year of the regular
fouryearprescribedlawcurriculumandisenrolledin
a recognized law school's clinical legal education
program approved by the Supreme Court, may appear
without compensation in any civil, criminal or
administrative case before any trial court, tribunal,
board or officer, to represent indigent clients

accepted by the legal clinic of the law school.chan

robles

virtual

law

library
SEC. 2.Appearance. The appearance of the law student
authorized by this rule, shall be under the direct
supervision andcontrol ofa memberof theIntegrated
Bar of the Philippinesduly accredited by the law
school. Any and all pleadings, motions, briefs,
memorandaorotherpaperstobefiled,mustbesigned
by the supervising attorney for and in behalf of the
legal clinic.chan robles virtual law library
SEC. 3.Privileged communications. The Rules safeguarding
privileged communications between attorney and client
shall apply to similar communications made to or
received by the law student, acting for the legal
clinic.
SEC. 4.Standards of conduct and supervision. The law student
shallcomplywiththestandardsofprofessionalconduct
governingmembersoftheBar. Failureofanattorney
toprovideadequatesupervisionofstudentpracticemay
beagroundfordisciplinaryaction.
RULE 116 of ROC
Sec. 7.Appointment of counsel de officio. The court,
considering the gravity of the offense and the
difficulty of the questions that may arise, shall
appoint as counselde officiosuch members of the bar in
good standing who, by reason of their experience and
ability, can competently defend the accused. But in
localities where such members of the bar are not
available, thecourt mayappoint anyperson, resident
of the province and of good repute for probity and
ability,todefendtheaccused.
SEC 222 LABOR CODE
Art. 222. Appearances and Fees.

1.

Non-lawyers may appear before the Commission or any

Labor Arbiter only:

1.

If they represent themselves; or

2.

If they represent their organization or members

2.

thereof.

No attorneys fees, negotiation fees or similar charges of

any kind arising from any collective bargaining agreement
shall be imposed on any individual member of the contracting
union: Provided, However, that attorneys fees may be charged
against union funds in an amount to be agreed upon by the
parties. Any contract, agreement or arrangement of any sort to
the contrary shall be null and void. (As amended by
Presidential Decree No. 1691, May 1, 1980)
2011 NLRC ROP
SECTION 6. APPEARANCES. - a) A lawyer appearing for a
party is presumed to be properly authorized for that purpose. In
every case, he/she shall indicate in his/her pleadings and
motions his/her Attorneys Roll Number, as well as his/her PTR
and IBP numbers for the current year and MCLE compliance.
b) A non- lawyer may appear in any of the proceedings before
the Labor Arbiter or Commission only under the following
conditions:
(1) he/she represents himself/herself as party to the case;
(2) he/she represents a legitimate labor organization, as defined
under Article 212 and 242 of the Labor Code, as amended, which
is a party to the case: Provided, that he/she presents to the
Commission or Labor Arbiter during the mandatory conference or
initial hearing: (i) a certification from the Bureau of Labor
Relations (BLR) or Regional Office of the Department of Labor
and Employment attesting that the organization he/she
represents is duly registered and listed in the roster of legitimate
labor organizations; (ii) a verified certification issued by the
secretary and attested to by the president of the said
organization stating that he/she is authorized to represent the
said organization in the said case; and (iii) a copy of the

resolution of the board of directors of the said organization

granting him such authority;
(3)he/she represents a member or members of a legitimate labor
organization that is existing within the employers establishment,
who are parties to the case: Provided, that he/she presents: (i) a
verified certification attesting that he/she is authorized by such
member or members to represent them in the case; and (ii) a
verified certification issued by the secretary and attested to by
the president of the said organization stating that the person or
persons he/she is representing are members of their organization
which is existing in the employers establishment;
(4) he/she is a duly- accredited member of any legal aid office
recognized by the Department of Justice or Integrated Bar of the
Philippines: Provided, that he/she (i) presents proof of his/her
accreditation; and (ii) represents a party to the case;
(5) he/she is the owner or president of a corporation or
establishment which is a party to the case: Provided, that he/she
presents: (i) a verified certification attesting that he/she is
authorized to represent said corporation or establishment; and
(ii) a copy of the resolution of the board of directors of said
corporation, or other similar resolution or instrument issued by
said establishment, granting him/her such authority.
c) Appearances of a non- lawyer in contravention of this section
shall not be recognized in any proceedings before the Labor
Arbiter or the Commission.
d) Appearances may be made orally or in writing. In both cases,
the complete name and office address of counsel or authorized
representative shall be made of record and the adverse party or
his counsel or authorized representative properly notified.
e) In case of change of address, the counsel or representative
shall file a notice of such change, copy furnished the adverse
party and counsel or representative, if any.

f) Any change or withdrawal of counsel or authorized

representative shall be made in accordance with the Rules of
Court. (8a)