Lawyer's Oath

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.

Practice of Law

“Practice of law means any activity, in or out of court, which requires the application of law, legal procedure,
knowledge, training and experience. ‘To engage in the practice of law is to perform those acts which are
characteristics of the profession. Generally, to practice law is to give notice or render any kind of service, which
device or service requires the use in any degree of legal knowledge or skill. (Cayetano v. Monsod)

RULE 138
Attorneys and Admission to Bar

WHO MAY PRACTICE LAW

1. Any person duly admitted as a member of the bar, or
2. admitted as such in accordance with the provisions of this rule, and
3. who is in good and regular standing

REQUIREMENTS FOR APPLICANTS FOR ADMISSION TO BAR

1. citizen of the Philippines,

2. at least twenty-one years of age,
3. of good moral character,
4. resident of the Philippines; and
5. 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.

OTHER JURISDICTION

1. 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
2. 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.

ADDITIONAL REQUIREMENTS FOR OTHER APPLICANTS BEFORE TAKING EXAM

 1. satisfactorily show that they have regularly studied law for four years, and
2. successfully completed all prescribed courses, in a law school or university, officially approved and
recognized by the Secretary of Education.
3. 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.

REQUIRED SUBJECTS

1. civil law,
2. commercial law,
3. remedial law,
4. criminal law,
5. public and private international law,
6. political law,
7. labor and social legislation,
8. medical jurisprudence,
9. taxation and
10. legal ethics.

PRE-LAW

1. political science,
2. logic,
3. english,
4. spanish,
5. history and
6. economics.

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.

SUBJECTS IN THE BAR

1. Civil Law;
2. Labor and Social Legislation;
3. Mercantile Law;
4. Criminal Law;
5. Political Law (Constitutional Law, Public Corporations, and Public Officers);
6. International Law (Private and Public);
7. Taxation;
8. Remedial Law (Civil Procedure, Criminal Procedure, and Evidence);
9. Legal Ethics and Practical Exercises (in Pleadings and Conveyancing).

DISCIPLINARY MEASURE-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.

general average of 75 per cent in all subjects, without falling below 50 per cent in any subjects to pass ;
breakdown
1. Civil Law, 15 per cent;
2. Labor and Social Legislation, 10 per cent;
3. Mercantile Law, 15 per cent;
4. Criminal Law; 10 per cent:
5. Political and International Law, 15 per cent;
6. Taxation, 10 per cent;
7. Remedial Law, 20 per cent;
8. Legal Ethics and Practical Exercises, 5 per cent.

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.

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.

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.

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, 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.

GR: an attorney is presumed to be properly authorized to appear

E: the presiding judge may 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.

COMPENSATION
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.

A written contract for services shall control the amount to be paid therefor unless found by the court to be
unconscionable or unreasonable.

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

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.

Attorneys removed or suspended by Supreme Court on what grounds (DMM-GG-DOCS)

1. for any deceit,
2. malpractice, or
3. other gross misconduct in such office,
4. grossly immoral conduct, or
5. by reason of his conviction of a crime involving moral turpitude, or
6. for any violation of the oath which he is required to take before the admission to practice, or
7. for a wilful disobedience of any lawful order of a superior court, or
8. for corruptly or willfully appearing as an attorney for a party to a case without authority so to do.
9. soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers,
constitutes malpractice.
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, and to be
heard by himself or counsel. But if upon reasonable notice he fails to appear and answer the accusation, the court
may proceed to determine the matter ex parte.

Attorneys for destitute litigants. — A court may assign an attorney to render professional aid free of charge to any
party in a case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and
that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. 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.

NOT ALLOWED TO ENGAGE IN PRIVATE PRACTICE

1. judge or other official or employee of the superior courts or

2. official or employee of the Office of the Solicitor General of the Office

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.

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 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.

RULE 138-A

LAW STUDENT PRACTICE RULE

Conditions

1. A law student who has successfully completed his 3rd year of the regular four-year prescribed law
curriculum and
2. is enrolled in a recognized law school's clinical legal education program approved by the Supreme Court

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.

Failure of an attorney to provide adequate supervision of student practice may be a ground for disciplinary action.

AM 19-03-24-SC
RULE 138-A
LAW STUDENT PRACTICE

Coverage (DASAL-O)
1. appearances
2. drafting
3. submission of pleadings and documents
4. assistance in mediation and ADR
5. legal counselling
 6. other activities of Clinical Legal Education Program

Clinical Legal Education Program

-experiential, interactive and reflective credit-earning teaching course
-objective to provide law students with practical knowledge, skills and values necessary for application of the law,
delivery of legal services, promotion of social justice and public interest
-inculcating in students the values of ethical lawyering and public service
-includes (1) law clinic or (2) Externship

Externship
1. courts
2. IBP
3. Government offices
4. Law school-recognized NGOs

Eligibility Requirements of law Student Practitioner

1. Level 1 certification- first year law courses

2. Level 2 certification- currently enrolled for the second semester of their third year law courses. *Where a
student fails to complete all third year subjects, Level 2 certification shall be deemed automatically
revoked

Level 1 Certification (LINO-DAR)

1. Interview prospective clients
2. Give legal advice to client
3. Negotiate for and on behalf of the client
4. Draft legal documents such as affidavits, compromise agreements, contracts, demand letter, position
papers
5. Represent eligible parties before quasi-judicial or administrative bodies
6. Provide public legal orientation
7. Assist in public interest advocacies for policy formulation and implementation

Level 2 (1D-PAA)
1. Activities under Level 1
2. Assist in taking depositions and/or preparing JA of witnesses
3. Appear on behalf of the client at any stage of the proceedings or trial
4. In criminal cases, subject to provisions of Sec 5, Rule 110 of the ROC, appear on behalf of a government
agency in the prosecution of criminal actions
5. In appealed cases, prepare pleadings required in the case

Certification Application Requirements

1. Duly-accomplished application form

2. Under oath in 3 copies
3. Accompanied by proof of payment of necessary legal and filing fees
4. Law school, through dean or authorized representative, shall submit to RTC where law school is located,
duly-accomplished application form with endorsement under oath

Duties of Law Student Practitioners

1. Observe provisions of Section 24(b), Rule 130 of ROC

 2. Prohibited from using information acquired from one’s capacity as law student practitioner for personal
or commercial gain
3. Perform duties and responsibilities to the best of one’s abilities
4. Strictly observe CPR

Duties of Law Schools

1. Develop and adopt Clinical Legal Education Program

2. Develop and establish at least one law clinic in its school
3. Endorse qualified students for certification as law student practitioner
4. Ensure compliance by law student practitioners and supervising lawyers with CPR

Duties of supervising lawyer in good standing

1. Supervise
2. Personally appear with the law student practitioner
3. Assume personal professional responsibility for any work of the certified law student practitioner while
under his or her supervision
4. Assist and advise
5. Read, approve and personally sign documents and pleadings
6. Provide the level of supervision

Unauthorized practice of law by a certified law student practitioner

1. Engaging in any acts without certification or consent and supervision of supervising lawyer
2. Making false representation in application for certification
3. Using expired certification
4. Rendering legal services outside scope of the practice areas
5. Asking for or receiving payment or compensation
6. Analogous circumstance

Sanctions

1. Ground for revocation of law student practitioner’s certification

2. Disqualification from taking the bar for a period to be determined by the SC

Mandatory Continuing Legal Education (MCLE)

 Members of the IBP shall complete every 3 years at least 36 hours legal education

Exempt:

(a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executives
Departments;

(b) Senators and Members of the House of Representatives;

(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary,
incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by the Philippine Judicial
Academy program of continuing judicial education;

(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice;
(e) The Solicitor General and the Assistant Solicitor General;

(f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;

(g) The Chairmen and Members of the Constitutional Commissions;

(h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor of the
Office of the Ombudsman;

(i) Heads of government agencies exercising quasi-judicial functions;

(j) Incumbent deans, bar reviews and professors of law who have teaching experience for at least 10 years
accredited law schools;

(k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of the
Philippine Judicial Academy; and

(l) Governors and Mayors

Good cause for exemption from or modification of requirement

A member may file a verified request setting forth good cause for exemption (such as physical disability, illness,
post graduate study abroad, proven expertise in law, etc.) from compliance with or modification of any of the
requirements, including an extension of time for compliance, in accordance with a procedure to be established by
the MCLE Committee.

 Compliance Card – each member shall secure such before the end of his compliance period
o He shall attest under oath that he has complied with the education requirement or that he is
exempt.
 Member shall keep record of his compliance; copy furnished MCLE committee.

Failure to comply:
 A member who fails to comply will receive a non-compliance notice and will be given 60 days to explain

Effect of non-compliance
 He shall pay a non-compliance fee
 Be listed as a delinquent member

Reinstatement:
 A member shall provide proof of compliance
 The termination of listing as a delinquent member is administrative in nature but it shall be made with
notice and hearing by the MCLE Committee.

Integrated Bar of the Philippines (IBP)

 To elevate standards of the legal profession
 To improve administration of justice
 Enable the bar to discharge its public responsibilities more effectively

[1] Assist in the administration of justice; 

[2] Foster and maintain, on the part of its members, high ideals of integrity, learning, professional competence,
public service and conduct; 
[3] Safeguard the professional interests of its members; 
[4] Cultivate among its members a spirit of cordiality and brotherhood; 
[5] Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the
relations of the Bar to the Bench and to the public, and publish information relating thereto; 
[6] Encourage and foster legal education; and 
[7] Promote a continuing program of legal research in substantive and adjective law, and make reports and
recommendations thereon.

Membership:

(a) All lawyers whose names were in the Roll of Attorneys of the Supreme Court as of January 16, 1973; and 
(b) All lawyers whose names were included or are entered therein after the said date.

 Members in good standing. - Every member who has paid all membership dues and all authorized special
assessments, plus surcharges owing thereon, and who is not under suspension from the practice of law or
from membership privileges, is a member in good standing.

What is moral turpitude? (Teves v. Comelec, GR No. 180360)

Moral turpitude has been defined as everything which is done contrary to justice, modesty, or good morals; an
act of baseness, vileness or depravity in the private and social duties which a man owes his fellowmen, or to
society in general.

"It (moral turpitude) implies something immoral in itself, regardless of the fact that it is punishable by law or
not. It must not be merely mala prohibita, but the act itself must be inherently immoral. The doing of the act
itself, and not its prohibition by statute fixes the moral turpitude. Moral turpitude does not, however, include
such acts as are not of themselves immoral but whose illegality lies in their being positively prohibited."

 There are crimes which are mala in se and yet but rarely involve moral turpitude and there are crimes which
involve moral turpitude and are mala prohibita only. In the final analysis, whether or not a crime involves
moral turpitude is ultimately a question of fact and frequently depends on all the circumstances surrounding
the violation of the statute

Brion, J. concurring

"Moral turpitude," it has been said, "includes everything which is done contrary to justice, honesty, modesty,
or good morals." (Bouvier's Law Dictionary, cited by numerous courts.) Although no decision can be found
which has decided the exact question, it cannot admit of doubt that crimes of this character involve moral
turpitude. The inherent nature of the act is such that it is against good morals and the accepted rule of right
conduct.

Moral turpitude is not involved in every criminal act and is not shown by every known and intentional violation
of statute, but whether any particular conviction involves moral turpitude may be a question of fact and
frequently depends on all the surrounding circumstances. 

RULE OF LAW
-principle of governance in which all persons, institutions, and entities public and private, including the state itself,
are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which
are consistent with IHR norms.

4 Factors:
1. Accountability
2. Just laws
 3. Open government
4. Accessible justice

Access to Justice
-Sec 11, Article 3 of the PH CONST
Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to
any person by reason of poverty.

SOCIAL JUSTICE (Calalang v Williams)

Social justice is "neither communism, nor despotism, nor atomism, nor anarchy," but the humanization of laws and
the equalization of social and economic forces by the State so that justice in its rational and objectively secular
conception may at least be approximated.