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.
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.
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 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.
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