A BAR MATTER 1153 the Bar Examinations through Amendments to Rule 138
of the Rules of Court, March 9, 2010)
Philippine Bar Now Open to Filipinos with Foreign Law
Degrees
March 23, 2010
By Anna Katrina M. Martinez
The Supreme Court En Banc has recently approved the
proposed amendments to Sections 5 and 6 of Rule 138
of the Rules of Court, allowing Filipino graduates of
foreign law schools to take the Philippine Bar, subject to
certain conditions.
Section 5 of the Rule
now provides that before being admitted to the
examination, all applicants for admission to the bar shall
satisfactorily show that they have successfully
completed all the prescribed courses for the degree of
Bachelor of Laws or its equivalent degree in a law
school or university officially recognized by the
Philippine Government or by the proper authority in the
foreign jurisdiction where the degree has been granted.
Section 5
now also provides that a Filipino citizen “who graduated
from a foreign law school shall be admitted to the bar
examination only upon submission to the Supreme
Court of certifications showing: (a) completion of all
courses leading to the degree of Bachelor of Laws or its
equivalent degree; (b) recognition or accreditation of
the law school by the proper authority; and (c)
completion of all fourth year subjects in the Bachelor of
Laws academic program in a law school duly recognized
by the Philippine Government.”
SEC. 6. Pre-Law. — An applicant for admission to the
bar examination shall present a certificate issued by the
proper government agency that, before commencing
the study of law, he or she 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.
A Filipino citizen who completed and obtained his or her
degree in Bachelor of Laws or its equivalent in a foreign
law school must also present proof of completion of a
separate bachelor’s degree.
The Supreme Court has directed the Clerk of Court,
through the Office of the Bar Confidant, to circularize its
resolution approving the said amendments among all
law schools in the country. (Bar Matter No. 1153, Re:
Letter of Atty. Estelito P. Mendoza Proposing Reforms in
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 obligation without
any mental reservation or purpose of evasion. So 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.