Rule 138 & Lawyer's Oath

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ArfORNEYS AND ADMISSION TO BAT. 509 _. g. Objection that judye disqualif 5 Bey 2 ct. — Wit be ee eR nt so Seged from sitting as above provided the an x to hi competency may, in writing, fie with ction, stating the grounds thereto Sal_sball thereupon proceed with, the ie vaw therefrom, in accordance with hie wn of the question of his disqualifieation, hall be forthwith made in writing and filed in the case, but no appeal or stay or by reason of, his decision in until after final judgment the or wit yiah : erm rmination Gje decision § the other paper! witl sha be allowed from, x of his ow competency, Rule 138” EYS AND ADMISSION TO BAR actice law. — Any person admitted as a member of the bar, or tted as such in accordance with the and who is in good and regular provisions © i titled to practice law. ATTORN SECTION 1. Who may pr' heretofore duly dmi SEC. 2. Requirements for all applicants for admission to the bar. — Every applicant for admission stizen of the as a member of the bar must be a Ci Philippines, at least twenty-one years of age, of good moral character, anda resident of the Philippines; and —_—————. 2As amended by SC Resolutions dated May 2 ebruary 13, 1992. oo 0, 1968 and F Philipine Bars ine the Phitippines ve nd in goad By Safnctory et proene Comet, be allomes after tang the io 1, having tn the practice of law int clawing oa been permitted g Phitippines, dp cept i te Bet seognin the eprom Saat lenny eet a iippinen ell eae of tho Repub of oe tte tive oo wal os teak aut oe cute othoriln tree ardeen of tn day eee athe don aan rot wictingly or willingly promote or sue unlawful suit, nor give aid ne Twill delay no man for money er consent to the samme oa ne dint ysl awe aang pes and wi oa ledge ad dstton wih ee eo the sure sty cena pov felts a we Ft voluntary lation iti any fa ntal reservation or purpose of evasion. So help me God jor eppiconts from te SEC. 4. Requirements for ppt Be A Ren teats for admission wos Mt jeri sena, are enclied MOTE ua Fae ee at hae Mtn ota witout exanin Addition applicant. those before be Ta Une scl brake candidate court No applicant %, YonG. and that they have never been map Jat freed mayan the discretion of he Cour AiVapplicants for admins oterved to in the two preceding sections shal sdmitted to Une exammnatinn, satiefaetony Beto pat they ave eel sade fr oor year shoe Tyccessfully completed all priseribed course or university, ofcially approved and in 8 sel by the Secretney of Fauention. “The aihdasit raed by a certificate from the oe caty or selool of fat, shall be filed as evidence of aN acts, and further evidence may be required by the shall be examinations unless he has satisfactorily completed mm other than admitted to the bar the following courses in a law school oF university duty recognized by the go. ernment: civil Yaw, commercial Taw, remedial law, criminal law, public and private international law. political law, labor and social Tegislation, medical jurisprudence, taxation and legal thes. SEC. 6. Pre-Law to the bar examina he presents a certifica No applicant for admission ation shall be admitted unless fe that he has satisfied the rr police 3 and 4 of thie nie he Soliant commission of other all not place their names on the oral examination shall be giv SEC. 11. Annual examination. — Bx sdmission to the bar of the Philippin annually in the City of Manila. They shi days to be de all take place bbe held in four ignated by the chairman of the committee om bar examiners, The subjects shall be distributed 4s follows: First day: Political and International Law ms Gnorni, D8) and L, Second diy (afternoon, 4 Criminal | Gnorning) (ofternn pon) “12. Committee ofexaminer onducted by a com ft be appornted by. the shall be: comy who shal net by th of the upreme Court. dof a dustice of the as eb bar of the Philippines, who shall heid a mbern nes, who shall hold office period of one year. The names of the mentee ora, is committee shall be published in cache official reports slams of = SEC. 13, Disciplinary measures. No car shall endeavor to influence. any. mentee committee, and during examination thecandidates shay not communicate with each other nor shall they give ny assistance. The candidate who violates thi provision, 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. b erage. In order that SEC. 14, Passing average a candid ate may be deemed to have passed his Gxaminations successfully, he must have obtained ¢ veneral average of 75 percent im all subjects, see Bone below f subject. In deter g below 50 percent in any su! a falling rere the subjects am the examination be i 15 per : wiht: Mercantile Lave, 15 percent gif@ation, 10 per Mere wren 1 10 percent; Remedi; Law, Percent, ce and Practical Exercises a ant ae sre. te pn examination papers, — No fommittee; after the examination, i tt than 7 secant rock Sedna The woah emma after the court has approved the re SEC. 16. Fuiling candidates i —conineseatnse fina og review course in regia ‘The professors of the individual review attended by the candidates under thie mule al eertfy under cath thatthe candidates have rae attended classes and passed the subjects unr the ‘same conditions as ordinary students and the ratings obtained by them in the particular subject, ° SEC. 17, Admission and oath of successful ‘applicants. — An applicant who has passed the requited examination, or has heen otherwise found to be entitled to admission to the bar, shall take and subscribe before Curt the corresponding oath of offigg 1S. Certificate. — The Supreme Con non admit phicant as a me MI the courts of the Philipp order to be entered to that « that a certificate of such tee clork SEC. 19, nes, andl what lect upon ita ree cords ‘ord be given to him hot of court, which certificate hall be 2 the W: his wutho thority 4, ‘The clerk, Supreme Court shall keep a roll of admitted to practice Attorneys’ roll of All attonne which roll shall be signe “d by the te person admitted wh 'n he receives his certifies SEC. 20. Duties of attorneys, torn Wis the duty ota, and obey the laws of the Philippines; Peet due (©) To counsel or maintain such actions op proceedings only as appear to him to be just art such defenses only ax he believes to be honeath debatable under the Ja (a) To employ, for the purpose of maintaining the causes confided to him ich means only asare consistent with truth and honor, and never seek to mislead the judge or any judicial officer by ex artifice or false statement of fact or law (e) To maintain inviolate the confidence, an at every pen! to himself, to preserve the sent of his chent, and to accept no compensat him or with his knows (To abstain frogs and to advance delay any man's cause, rom ay Proceeding, or any consideration of the defenseless or ()_ Inthe dete by all fair and hon personal opinion sofa persnacasedt etme orable means, rey dln Person may be deprived of life oy Uberty, but by due process of nw eet OF SEC. 21, Authority of atton attorney is presumed to be properly athovined represent any cause in which he appears naa © written power of attorney is required. to authorine him to appear in court for his elient, but the presiding judge may, on motion of either party and on reasonable Sounds therefor being shown, require any attorney who assumes the right to appear in a case to prodice oF 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 attorney ey £0 appear. — An —— i a, RULER OF count Mat Y appearing = ng in court for a. person Pun ea gave Unece by Teave of eee, pe contempt as an officer of the oer ‘misbehaved in his oficial transaction °°" ™h0 hag SEC. 22. Attorney wh, : © appears in oy Presumed to represent client on coped n who ‘appears de parte in a ease before a ‘eared Ghall be presumed to continue representing yor ®t PiABPeal, unless he files formal petition wee cHett is appearance in the appellate court. a SEC. 28. Authority of Attorneys have authori case by any agreement in relatio writing, and in taking appeals, a ordinary judicial procedure. But they cannot yin special authority, compromise their client's I ; tigation, oF receive anything in discharge of a clients claim ba the full amount in cash, meaner, coun ‘attorneys to bin del ty to bind their clients ina there odin ti ae SEC. 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 bythe opinion of attorneys as expert ritnscenels ae compensation, but may disregard such ae thase its conclusion on its own professional knowles ‘A written contract for services shall control the amoutt to be paid therefor unless found by the ‘unconscionable or unreasonable. sae 198 SEC. 26. Change o retire at any time from f attorneys, An attorne ‘any action or special pre? aay by the written consent may also retire at an y time from a the consent of the court, on notice to the cliens ; nd share on hearing, determine that he ough fy mare rte nia sca a oe late newly employed shall be entered t- court in place af the former on, and esee the change chal be given tothe adverse perty nn A dient may at any time dismiss hs atrme or substitute another in his Place, but if the : proceeding, without his client, should contract between client and attorney has been reduced wo writing and the dismissal of the attomes 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 al judgments for the payment of money, and executions issued in pursuance of such Judgment, rendered in the case wherein his services hhad been retained by the client. le 524 ‘019 AMENDED RULES OF COURT als 1 Whereas, thore isn need toinstivuionalize clinica Jogal education program in all law schools in order to enhance, improve, and srearaline law student practice, tnd regulate their limited practice of law: nn Whereas, to produce practice-ready lawyers, the clinical logal education courses must be bar examinations as provided lotion of ¢ A prerequtite to take the in Section 5 of Rule 138. : NOW, THEREFORE, the Supreme Court Ey Bane hereby adopts and promulgates the Revised Law jont Practice Rule. hs Revised Rule shall take effect at the start of ‘Academic Year 2020-2021 following its publication ha culation, in two (2) newspapers of general cir: 25 June 2019, Manila, Philippines. a, ocas Pieesany Chet tin rm oad) ANTONIO'T. CARPIO Associate Justice ed) IANO C. DEL CASTILLO MARL ed) MARVICM'C F. LBONEN Associate Justice eet) STELA M. PERLAS.BERNABE. ‘Associate Justice (On Leave) RANCIS H. JARDELEZA “Anwociate Justice wed) ANDRES B. REYES. JR. “Associate Jotice ‘Ascii unt vont sea Fh. nena (ort ‘sty © LAZAROJAVIER Ascites asec Jn SECTION 1. Coverage. — This rule shall cover the timited practice of law by students certified herein, The Jimited practice of law covers appearances, drafting and iMpmission of pleadings and documents before trial and sMpellate courts and quasi-judicial and administrative fodies, assistance in mediation and other alternative modes of dispute resolution, legal counselling and ‘Advice, and such other activities that may be covered by the Clinical Legal Education Program of the law school as herein provided. SEC. 2. Definition of Terms, — (@) Clinical Legal Education Program is ‘an experiential, interactive and reflective credit- earning teaching course with the objectives of providing law students with practical knowledge, skills and values necessary for the application of the law, delivery of legal services and promotion of social justice and public interest, especially to the marginalized, while inculcating in the students the values of ethical lawyering and public service. It consists of learning activities covered by this Rule undertaken in either a 1) law clinic or an 2) externship, which shall incorporate the teaching of legal theory and doctrines, practical skills, as well 4s legal ethics, AM, No, 19-08-2480 REPUBLIC OF THE REGIONAL TRIAL COURT Office of the Executive Jud In Re: Application for Level 1 Certification, ‘Application No XXX, Applicant. APPLICATION 1, (aameof applicant), of legal age and a resident of (address), state under oath that 1, 1 am currently enrolled at the (complete_name_of_law school institution) at (address of school) Tia Tacinate and provide the control muiber rl asks sais repo, city where Bs) ia stationed, end nr 098 8 Teg sod TOO Tr CRB 2018-001 for an aplcant fom CNS RTC Cebu). UirsUsccondd.scmentayec Timiati will she Sections an and the du oblignt Section ile 138-A of the tent fees under Section 21()) of Rule ta, of the Rulon of Court ey the ea herein is a copy of the fica proof of payment; a eppoved tnt cL Cte OS City of _____, @ate), Signed) ‘(uame-of Applicant. es SURAT ** (SCHOOL LerreRnEAD) are Hon. (AME.OF sUDGK Executive Judge Rogional Trial Court cerry, Your Honor: Pursuant to Sections 8 and 90 of Rule 136. the Rules of Court, Lam respectfully indorsing tor sy consideration and approval the applications for og, Certification of the following student, 1. ullname of student) ~ Gtudent number) 2 (fullname of student) ~ (student numbes) 8. ull name of student) ~ (student number) 4. Gullname of student) ~ (student number) 5, (fullname of student) ~ (student number) ‘Thank you very much. (NAME OF DEAN) Dean +++ JURAT *** SUPREME Count op LEVEL. CERTIEICATION narsuant to Section 8 of Ru Parse Court, this Ce GAME OF StuDEen (NAME OF SeneAS (CERDEICATION NO! ported under Sections 3 anda a mats Gr the ules of Court and hath og eet fade has completed the requed se Sn te fp the clinical legal edveaion prog, ee the law degre unlons sooner resied rasa proved in Rule 136A, Parmuant to Section &of Rule 198-8 of he Rule Cour, the above-named student shall Shekiak ene tnd sidmit a copy ofthe same tothe ae athe aoe ofthe law echooL Given on this Prilippines —— day of June 2019, in CITY, HON. (NAME OF JUDGE) Executive Judge eens ‘Certication number should be the AUPURLC OF rHeE eHBLAPPENES nwatonat unr 2. dullnaa yu “ren, 4 diuloas (NAMI OF SCHOOL) stident shank 3° oapectflly ° ee MONTH), 2019 INDORSEMENT " HON. (JAM. OF suDgy HON, (COURT ADMINISTRATOR) Tosi Te Supreme Court o Padre Faura, Manila Through: Hon. (NAME OF DCA) Deputy Court Administrator for int. to Section 5 of Rule 138-A of the Raia of Court, the undersigned respectfully endorses ty ‘attached applications with the supporting documens, of the following students for Level 2 Certification, te your consideration and appropriate action: Pursu Form 23 628 2019 AMENDED RULES OF COURT a lawyer according to the best of my knowledge ang discretion with all good fidelity as well 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. — 000 —

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