RULE 138 regularly studied law for four years, and
successfully completed all prescribed courses, in
ATTORNEYS AND ADMISSION TO BAR
Section 1. Who may practice law. — Any person
heretofore duly admitted as a member of the bar,
or hereafter admitted as such in accordance with
the provisions of this rule, and who is in good and
regular standing, is entitled to practice law.
Section 2. Requirements for all applicants for
admission to the bar. — Every applicant for
admission as a member of the bar must be a
citizen of the Philippines, at least twenty-one
years of age, of good moral character, and
resident of the Philippines; and must produce
before the Supreme Court satisfactory evidence
of good moral character, and that no charges
against him, involving moral turpitude, have been
filed or are pending in any court in the Philippines.
Section 3. Requirements for lawyers who are
citizens of the United States of America. —
Citizens of the United States of America who,
before July 4, 1946, were duly licensed members
of the Philippine Bar, in active practice in the
courts of the Philippines and in good and regular
standing as such may, upon satisfactory proof of
those facts before the Supreme Court, be allowed
to continue such practice after taking the
following oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having
been permitted to continue in the practice of
law in the Philippines, do solemnly swear
that I recognize the supreme authority of the
Republic of the Philippines; I will support its
Constitution and obey the laws as well as the
legal orders of the duly constituted
authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not
wittingly or willingly promote or sue any
groundless, false or unlawful suit, nor give
aid nor consent to the same; I will delay no
man for money or malice, and will conduct
myself as a lawyer according to the best of
may knowledge and discretion with all good
fidelity as well as to the courts as to my
clients; and I impose upon myself this
voluntary obligation without any mental
reservation or purpose of evasion. So help
me God.
Section 4. Requirements for applicants from
other jurisdictions. — Applicants for admission
who, being Filipino citizens, are enrolled
attorneys in good standing in the Supreme Court
of the United States or in any circuit court of
appeals or district court therein, or in the highest
court of any State or Territory of the United
States, and who can show by satisfactory
certificates that they have practiced at least five
years in any of said courts, that such practice
began before July 4, 1946, and that they have
never been suspended or disbarred, may, in the
discretion of the Court, be admitted without
examination.
Section 5. Additional requirements for other
applicants. — All applicants for admission other
than those referred to in the two preceding
section shall, before being admitted to the
examination, satisfactorily show that they have
a law school or university, officially approved and
recognized by the Secretary of Education. The
affidavit of the candidate, accompanied by a
certificate from the university or school of law,
shall be filed as evidence of such facts, and
further evidence may be required by the court.
No applicant shall be admitted to the bar
examinations unless he has satisfactorily
completed the following courses in a law
school or university duly recognized by the
government: civil law, commercial law, remedial
law, criminal law, public and private international
law, political law, labor and social legislation,
medical jurisprudence, taxation and legal ethics.
Section 6. Pre-Law. — No applicant for
admission to the bar 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 four-year
high school course, the course of study
prescribed therein for a bachelor's degree in arts
or sciences with any of the following subjects as
major or field of concentration: political science,
logic, english, spanish, history and economics.
Section 7. Time for filing proof of qualifications.
— All applicants for admission shall file with the
clerk of the Supreme Court the evidence required
by section 2 of this rule at least fifteen (15) days
before the beginning of the examination. If not
embraced within section 3 and 4 of this rule they
shall also file within the same period 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 same has not been revoked, and certificates
as to their professional standing. Applicants shall
also file at the same time their own affidavits as
to their age, residence, and citizenship.
Section 8. Notice of Applications. — Notice of
applications for admission shall be published by
the clerk of the Supreme Court in newspapers
published in Pilipino, English and Spanish, for at
least ten (10) days before the beginning of the
examination.
Section 9. Examination; subjects. — Applicants,
not otherwise provided for in sections 3 and 4 of
this rule, shall be 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; Remedial
Law (Civil Procedure, Criminal Procedure, and
Evidence); Legal Ethics and Practical Exercises
(in Pleadings and Conveyancing).
Section 10. Bar examination, by questions and
answers, and in writing. — Persons taking the
examination shall not bring papers, books or
notes into the examination rooms. The questions
shall be the same for all examinees and a copy
thereof, in English or Spanish, shall be given to
each examinee. Examinees shall answer the
questions personally without help from anyone.
Upon verified application made by an examinee
stating that his penmanship is so poor that it will
be difficult to read his answers without much loss
of time., the Supreme Court may allow such
examinee to use a typewriter in answering the
questions. Only noiseless typewriters shall be
allowed to be used.
The committee of bar examiner shall take such
precautions as are necessary to prevent the
substitution of papers or commission of other
frauds. Examinees shall not place their names on
the examination papers. No oral examination
shall be given.
Section 11. Annual examination. — review course in a recognized law school.
Examinations for admission to the bar of the
Philippines shall take place annually in the City of
Manila. They shall be held in four days to be
disignated by the chairman of the committee on
bar examiners. The subjects shall be distributed
as follows: First day: Political and International
Law (morning) and Labor and Social Legislation
(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).
Section 12. Committee of examiners. —
Examinations shall be conducted by a committee
of bar examiners to be appointed by the Supreme
Court. This committee shall be composed of a
Justice of the Supreme Court, who shall act as
chairman, and who shall be designated by the
court to serve for one year, and eight members of
the bar of the Philippines, who shall hold office for
a period of one year. The names of the members
of this committee shall be published in each
volume of the official reports.
Section 13. Disciplinary measures. — No
candidate shall endeavor 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. The candidate who
violates this provisions, 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.
Section 14. Passing average. — In order that a
candidate may be deemed to have passed his
examinations successfully, he must have
obtained a general average of 75 per cent in all
subjects, without falling below 50 per cent in any
subjects. In determining the average, the subjects
in the examination shall be given the following
relative weights: Civil Law, 15 per cent; Labor and
Social Legislation, 10 per cent; Mercantile Law,
15 per cent; Criminal Law; 10 per cent: Political
and International Law, 15 per cent; Taxation, 10
per cent; Remedial Law, 20 per cent; Legal Ethics
and Practical Exercises, 5 per cent.
Section 15. Report of the committee; filing of
examination papers. — Not later than February
15th after the examination, or as soon thereafter
as may be practicable, the committee shall file its
report on the result of such examination. The
examination papers and notes of the committee
shall be filed with the clerk and may there be
examined by the parties in interest, after the court
has approved the report.
Section 16. Failing candidates to take review
course. — Candidates who have failed the bar
examinations for three times shall be disqualified
from taking another examination unless they
show the satisfaction of the court that they have
enrolled in and passed regular fourth year
review classes as well as attended a pre-bar
The professors of the individual review subjects
attended by the candidates under this rule shall
certify under oath that the candidates have
regularly attended classes and passed the
subjects under the same conditions as ordinary
students and the ratings obtained by them in the
particular subject.
Section 17. Admission and oath of successful
applicants. — An applicant who has passed the
required examination, or has been otherwise
found to be entitled to admission to the bar, shall
take and subscribe before the Supreme Court the
corresponding oath of office.
Section 18. Certificate. — The supreme Court
shall thereupon admit the applicant as a member
of the bar for all the courts of the Philippines, and
shall direct an order to be entered to that effect
upon its records, and that a certificate of such
record be given to him by the clerk of court, which
certificate shall be his authority to practice.
Section 19. Attorney's roll. — The clerk of the
Supreme Court shall kept a roll of all attorneys
admitted to practice, which roll shall be signed by
the person admitted when he receives his
certificate.
Section 20. Duties of attorneys. — It is the duty
of an attorney:
(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) To counsel or maintain such actions or
proceedings only as appear to him to be just,
and such defenses only as he believes to be
honestly debatable under the 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) To maintain inviolate the confidence, and
at every peril to himself, to preserve the
secrets of his client, and to accept no
compensation in connection with his client's
business except from him or with his
knowledge and approval;
(f) To abstain from all offensive personality
and to advance no fact prejudicial to the
honor or reputation of a party or witness,
unless required by the justice 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) Never to reject, for any consideration
personal to himself, the cause of the
defenseless or oppressed;
(i) In the defense of a person accused of
crime, by all fair and honorable means,
regardless of his personal opinion as to the
guilt of the accused, to present every defense
that the law permits, to the end that no
person may be deprived of life or liberty, but
by due process of law.
Section 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 court for his client, but the
presiding judge may, on motion of either party
and on reasonable grounds therefor being
shown, require any attorney who assumes the
right to appear in a case to produce or prove the
authority under which he appears, and to
disclose, whenever pertinent to any issue, the
name of the person who employed him, and may
thereupon make such order as justice requires.
An attorneys wilfully appear in court for a person
without being employed, unless by leave of the
court, may be punished for contempt as an officer
of the court who has misbehaved in his official
transactions.
Section 22. Attorney who appears in lower court
presumed to represent client on appeal. — An
attorney who appears de parte in a case 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 appellate court.
Section 23. Authority of attorneys to bind clients.
— Attorneys have authority to bind their clients in
any case by any agreement in relation thereto
made in writing, and in taking appeals, and in all
matters of ordinary judicial procedure. But they
cannot, without special authority, compromise
their client's litigation, or receive anything in
discharge of a client's claim but the full amount in
cash.
Section 24. Compensation of attorneys;
agreement as to fees. — An attorney shall be
entitled to have and recover from his client no
more than a reasonable compensation for his
services, with a view to the importance of the
subject matter of the controversy, the extent of
the services 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, but may disregard
such testimony and base its conclusion on its own
professional knowledge. A written contract for
services shall control the amount to be paid
therefor unless found by the court to be
unconscionable or unreasonable.
Section 25. Unlawful retention of client's funds;
contempt. — When an attorney unjustly retains in
his hands money of his client after it has been
demanded, he may be punished for contempt as
an officer of the Court who has misbehaved in his
official transactions; but proceedings under this
section shall not be a bar to a criminal
prosecution.
Section 26. Change of attorneys. — An attorney
may retire at any 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, without the
consent of his client, should the court, on notice
to the client and attorney, and on hearing,
determine that he ought to be allowed to retire. In
case of substitution, the name of the attorney
newly employed shall be entered on the docket of
the court in place of the former one, and written
notice of the change shall be given to the advance
party.
A client may at any time dismiss his attorney or
substitute another in his place, but if the contract
between client and attorney has been reduced to
writing and the dismissal of the attorney was
without justifiable cause, he shall be entitled to
recover from the client the full compensation
stipulated in the contract. However, the attorney
may, in the discretion of the court, intervene in the
case to protect his rights. For the payment of his
compensation the attorney shall have a lien upon
all judgments for the payment of money, and
executions issued in pursuance of such
judgment, rendered in the case wherein his
services had been retained by the client.
Section 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 misconduct in
such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral
turpitude, or for any violation of the oath which he
is required to take before the admission to
practice, or for a wilfull disobedience of any lawful
order of a superior court, or for corruptly or willful
appearing as an attorney for a party to a case
without authority so to do. The practice of
soliciting cases at law for the purpose of gain,
either personally or through paid agents or
brokers, constitutes malpractice.
Section 28. Suspension of attorney by the Court Section 34. By whom litigation conducted. — In
of Appeals or a Court of First Instance. — The the court of a justice of the peace a party may
Court of Appeals or a Court of First Instance may conduct his litigation in person, with the aid of an
suspend an attorney from practice for any of the agent or friend appointed by him for the purpose,
causes named in the last preceding section, and or with the aid an attorney. In any other court, a
after such suspension such attorney shall not party may conduct his litigation personally or by
practice his profession until further action of the aid of an attorney, and his appearance must be
Supreme Court in the premises. either personal or by a duly authorized member
of the bar.
Section 29. Upon suspension by the Court of
Appeals or Court of First Instance, further Section 35. Certain attorneys not to practice. —
proceedings in Supreme Court. — Upon such No judge or other official or employee of the
suspension, the Court of Appeals or the Court of superior courts or of the Office of the Solicitor
First Instance shall forthwith transmit to the General, shall engage in private practice as a
Supreme Court a certified copy of the order of member of the bar or give professional advice to
suspension and a full statement of the facts upon clients.
which the same was based. Upon the receipt of
such certified copy and statement, the Supreme Section 36. Amicus Curiae. — Experienced and
Court shall make a full investigation of the facts impartial attorneys may be invited by the Court to
involved and make such order revoking or appear as amici curiae to help in the disposition
extending the suspension, or removing the of issues submitted to it.
attorney from his office as such, as the facts Section 37. Attorneys' liens. — An attorney shall
warrant. have a lien upon the funds, documents and
Section 30. Attorney to be heard before removal papers of his client which have lawfully come into
or suspension. — No attorney shall be removed his possession and may retain the same until his
or suspended from the practice of his profession, lawful fees and disbursements have been paid,
until he has had full opportunity upon reasonable and may apply such funds to the satisfaction
notice to answer the charges against him, to thereof. He shall also have a lien to the same
produce witnesses in his own behalf, and to be extent upon all judgments for the payment of
heard by himself or counsel. But if upon money, and executions issued in pursuance of
reasonable notice he fails to appear and answer such judgments, which he has secured in a
the accusation, the court may proceed to litigation of his client, from and after the time when
determine the matter ex parte. he shall have the caused a statement of his claim
of such lien to be entered upon the records of the
Section 31. Attorneys for destitute litigants. — A court rendering such judgment, or issuing such
court may assign an attorney to render execution, and shall have the caused written
professional aid free of charge to any party in a notice thereof to be delivered to his client and to
case, if upon investigation it appears that the the adverse paty; and he shall have the same
party is destitute and unable to employ an right and power over such judgments and
attorney, and that the services of counsel are executions as his client would have to enforce his
necessary to secure the ends of justice and to lien and secure the payment of his just fees and
protect the rights of the party. It shall be the duty disbursements
of the attorney so assigned to render the required
service, unless he is excused therefrom by the
court for sufficient cause shown.
Section 32. Compensation for attorneys de
oficio. — Subject to availability of funds as may
be provided by the law the court may, in its
discretion, order an attorney employed as
counsel de oficio to be compensates in such sum
as the court may fix in accordance with section 24
of this rule. Whenever such compensation is
allowed, it shall be not less than thirty pesos (P30)
in any case, nor more than the following amounts:
(1) Fifty pesos (P50) in light felonies; (2) One
hundred pesos (P100) in less grave felonies; (3)
Two hundred pesos (P200) in grave felonies
other than capital offenses; (4) Five Hundred
pesos (P500) in capital offenses.
Section 33. Standing in court of person
authorized to appear for Government. — Any
official or other person appointed or designated in
accordance with law to appear for the
Government of the Philippines shall have all the
rights of a duly authorized member of the bar to
appear in any case in which said government has
an interest direct or indirect.