Lawyer's Oath
Section 4. Requirements for applicants from other
I, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines, I will support the 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, or 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 my knowledge and discretion, with all
good fidelity as well to the courts as to my clients; and I
impose upon myself these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.
RULE 138
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. —
1. Citizen of the Philippines,
2. At least 21 years of age,
3. Good moral character,
4. Resident of the Philippines; and
5. Must produce before the Supreme Court:
 satisfactory evidence of:
o good moral character, and
o 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. —
before July 4, 1946, were:
- duly licensed members of the Philippine Bar,
- in active practice in the courts of the PH; 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.
jurisdictions. — in the discretion of the Court, be admitted
without examination:
- Filipino citizens,
- Enrolled attorneys in good standing in the Supreme
Court of the US 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 5 years in any of said courts,
that such practice began before July 4, 1946, and
- that they have never been suspended or disbarred.
Section 5. Additional requirements for other applicants. —
All applicants for admission other than those referred to in the
two preceding section shall satisfactorily show that:
- they have regularly studied law for four years, and
- successfully completed all prescribed courses, in a
law school or university, officially approved and
recognized by the Secretary of Education.
Evidence:
1. The affidavit of the candidate,
2. certificate from the university or school of law,
3. 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: (C3-L2-M-P2-RT)
1. Civil law,
2. Commercial law,
3. Criminal law
4. Legal ethics.
5. Labor and social legislation,
6. Medical jurisprudence,
7. Public and private international law,
8. Political law,
9. Remedial law,
10. Taxation and
Section 6. Pre-Law. — He must present 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,
- 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. —
- File with the clerk of SC the evidence required by
Section 2 at least 15 days before the beginning of
the examination.
If not embraced within Sections 3 and 4, 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. —
- published by the clerk of the Supreme Court in
newspapers published in Pilipino, English and
Spanish, for at least 10 days before the beginning of
the examination.
Section 9. Examination; subjects. —
1. Civil Law;
2. Labor and Social Legislation;
3. Mercantile Law; Criminal Law;
4. Political Law (Constitutional Law, Public
Corporations, and Public Officers);
5. International Law (Private and Public);
6. Taxation;
7. Remedial Law (Civil Procedure, Criminal Procedure,
and Evidence);
8. Legal Ethics and Practical Exercises (in Pleadings
and Conveyancing).
Section 10. Bar examination, by questions and answers,
and in writing. —
 shall not bring papers, books or notes into the
examination rooms.
 questions shall be the same for all examinees and a
copy thereof, in English or Spanish, shall be given to
each examinee.
 shall answer the questions personally without help
from anyone.
IF HANDWRITING SO INELIGIBLE. 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.
DUTY OF 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. —
Place: City of Manila.
Duration: Shall be held in four days to be disignated by the
chairman of the committee on bar examiners.
Distribution:
- 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. — appointed by the
Supreme Court.
Composition:
- Justice of the Supreme Court – chairman, and who
shall be designated by the court to serve for one year,
and
- 8 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.
Penalty: barred from the examination, and further disciplinary
action, including permanent disqualification, may be taken in
the discretion of the court.
Section 14. Passing average. — Must obtain a general
average of 75% in all subjects, without falling below 50% in
any subjects.
- Civil Law, 15%
- Labor and Social Legislation, 10%
- Mercantile Law, 15%;
- Criminal Law; 10%
- Political and International Law, 15%;
- Taxation, 10%
- Remedial Law, 20%
- Legal Ethics and Practical Exercises, 5%
Section 15. Report of the committee; filing of examination
papers. — The committee shall file its report on the result of
such examination not later than February 15th after the
examination, or as soon thereafter as may be practicable.
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. —
GR: Candidates who have failed the bar examinations for 3
times shall be disqualified from taking another examination
XPN: Upon showing that they have enrolled in and passed
regular fourth year review classes as well as attended a pre-bar
review course in a recognized law school.
Professors of the individual review subjects 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. --
Take and subscribe before the Supreme Court the
corresponding oath of office.
Section 18. Certificate. — as the authority to practice.
Section 19. Attorney's 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 admitted when he
receives his certificate.
Section 20. Duties of attorneys. —
(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 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. — GR: No
need to present certificate as attorney. BUT! Presiding judge
may, on motion of either party and on reasonable grounds
therefor being shown, require any attorney 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.
May be punished for contempt as an officer of the court.
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. — by any
agreement 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. — Reasonable compensation for his services:
- importance of the subject matter of the controversy,
- extent of the services rendered, and
- 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 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. —
GR: An attorney may retire at any time from any action or
special proceeding, by the written consent of his client filed
in court.
XPN: 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: (1) name of the attorney newly
employed shall be entered on the docket of the court; (2) and
written notice to the advance party.
GR: A client may at any time dismiss his attorney or
substitute another in his place with no cost
XPN: if 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.
The attorney may, in the discretion of the court, intervene in
the case to protect his rights.
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. —
1. Deceit,
2. Malpractice, or
3. Other gross misconduct,
4. Grossly immoral conduct, or by reason of his
conviction of a crime involving moral turpitude,
5. Any violation of the oath which he is required to take
before the admission to practice, or
6. Willfull disobedience of any lawful order of a
superior court, or for
7. Willfully appearing as an attorney for a party to a
case without authority so to do.
Section 28. Suspension of attorney by the Court of Appeals
or a Court of First Instance. — After such suspension such
attorney shall not practice his profession until further action of
the Supreme Court in the premises.
Section 29. Upon suspension by the Court of Appeals or
Court of First Instance, further proceedings in Supreme
Court. — CA or RTC shall transmit to the Supreme Court a
certified copy of the order of suspension and a full statement
of the facts upon which the same was based.
SC shall make a full investigation of the facts involved and
make such order revoking or extending the suspension, or
removing the attorney from his office as such, as the facts
warrant.
Section 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:
1) full opportunity upon reasonable notice to answer the
charges against him,
2) produce witnesses in his own behalf, and
3) to be heard by himself or counsel.
FAILURE TO APPEAR: Proceed and determine the matter ex
parte
Section 31. Attorneys for destitute litigants. — It shall be
the duty 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 compensated 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 PHP 30 in any case, nor more than the following
amounts:
(1) P50 in light felonies;
(2) P100 in less grave felonies;
(3) P200 in grave felonies other than capital offenses
(4) P500 in capital offenses.
Section 33. Standing in court of person authorized to
appear for Government. — 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.
Section 34. By whom litigation conducted. — In the court of
a justice of the peace a party may conduct his litigation in
person, with the aid of an agent or friend appointed by him
for the purpose, or with the aid an attorney.
Section 35. Certain attorneys not to practice. —
1. Judge or
2. other official or employee of the superior courts or
3. the Office of the Solicitor General
Section 36. Amicus Curiae. — Experienced and impartial
attorneys may be invited by the Court to appear as amici
curiae to help in the disposition of issues submitted to it.
Section 37. Attorneys' liens. — upon the funds, documents
and papers of his client which have lawfully come into his
possession and may retain the same until his lawful fees and
disbursements have been paid, and may apply such funds to
the satisfaction thereof.
He shall also have a lien to the same extent upon all judgments
for the payment of money, and executions issued in pursuance
of such judgments, which he has secured in a litigation of his
client, from and after the time when he shall have the 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 the caused written notice thereof to
be delivered to his client and to the adverse paty; and he shall
have the same right and power over such judgments and
executions as his client would have to enforce his lien and
secure the payment of his just fees and disbursements.
LAW STUDENT PRACTICE RULE
Rule 138-A
SECTION 1. Conditions for Student Practice. - A law
student who has successfully completed 3rd year of the regular
four-year prescribed law curriculum and is enrolled in 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.
SEC. 2. Appearance. - The appearance of the law student
authorized by this rule, shall be under the direct supervision
and control of a member of the IBP duly accredited by the law
school.
Any and all pleadings, motions, briefs, memoranda or other
papers to be filed, must be signed by the supervising attorney
for and in behalf of the legal clinic.
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 shall comply with the standards of professional
conduct governing members of the Bar. Failure of an attorney
to provide adequate supervision of student practice may be a
ground for disciplinary action. (SC Circular No. 19, prom.
Dec. 19, 1986).