obligation without any mental reservation or purpose of evasion.
So
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. —
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
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 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. 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. — 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 review
course in a recognized law school.
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.