RULE 138 malice, and will conduct myself as a lawyer according to

the best of may knowledge and discretion with all good

Attorneys and Admission to Bar 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
Section 1. Who may practice law. — Any person heretofore duly
God.
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 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
Section 2. Requirements for all applicants for admission to the
United States or in any circuit court of appeals or district court
bar. — Every applicant for admission as a member of the bar
therein, or in the highest court of any State or Territory of the
must be a citizen of the Philippines, at least twenty-one years of
United States, and who can show by satisfactory certificates that
age, of good moral character, and resident of the Philippines; and
they have practiced at least five years in any of said courts, that
must produce before the Supreme Court satisfactory evidence of
such practice began before July 4, 1946, and that they have
good moral character, and that no charges against him, involving
never been suspended or disbarred, may, in the discretion of the
moral turpitude, have been filed or are pending in any court in the
Court, be admitted without examination.
Philippines.
Section 5. Additional requirements for other applicants. — All
Section 3. Requirements for lawyers who are citizens of the
applicants for admission other than those referred to in the two
United States of America. — Citizens of the United States of
preceding section shall, before being admitted to the examination,
America who, before July 4, 1946, were duly licensed members
satisfactorily show that they have regularly studied law for four
of the Philippine Bar, in active practice in the courts of the
years, and successfully completed all prescribed courses, in a
Philippines and in good and regular standing as such may, upon
law school or university, officially approved and recognized by the
satisfactory proof of those facts before the Supreme Court, be
Secretary of Education. The affidavit of the candidate,
allowed to continue such practice after taking the following oath of
accompanied by a certificate from the university or school of law,
office:
shall be filed as evidence of such facts, and further evidence may
be required by the court.
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been
permitted to continue in the practice of law in the
No applicant shall be admitted to the bar examinations unless he
Philippines, do solemnly swear that I recognize the
has satisfactorily completed the following courses in a law school
supreme authority of the Republic of the Philippines; I will
or university duly recognized by the government: civil law,
support its Constitution and obey the laws as well as the
commercial law, remedial law, criminal law, public and private
legal orders of the duly constituted authorities therein; I
international law, political law, labor and social legislation,
will do no falsehood, nor consent to the doing of any in
medical jurisprudence, taxation and legal ethics.
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 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.
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 of Appeals or a
Court of First Instance. — The Court of Appeals or a Court of
First Instance may suspend an attorney from practice for any of
the causes named in the last preceding section, and 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. — Upon
such suspension, the Court of Appeals or the Court of First
Instance shall forthwith 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. Upon the receipt of such
certified copy and statement, the Supreme Court 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 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.
Section 31. 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.
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.
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.

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. In any other court, a party
may conduct his litigation personally or by aid of an attorney, and
his appearance must be either personal or by a duly authorized
member of the bar.

Section 35. Certain attorneys not to practice. — No judge or

other official or employee of the superior courts or of the Office of
the Solicitor General, shall engage in private practice as a
member of the bar or give professional advice to clients.

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. — 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