BAR MATTER 1153
Philippine Bar Now Open to Filipinos with Foreign Law Degrees
March 23, 2010
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 the Bar
Examinations through Amendments to Rule 138 of the Rules of Court,
March 9, 2010)
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 the payment of money, and executions issued in pursuance of such
of the defenseless or oppressed; judgment, rendered in the case wherein his services had been retained
by the client.
(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, Section 27. Attorneys removed or suspended by Supreme Court on what
to present every defense that the law permits, to the end that no person grounds. — A member of the bar may be removed or suspended from
may be deprived of life or liberty, but by due process of law. 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
Section 21. Authority of attorney to appear. — an attorney is presumed
violation of the oath which he is required to take before the admission to
to be properly authorized to represent any cause in which he appears,
practice, or for a wilfull disobedience of any lawful order of a superior
and no written power of attorney is required to authorize him to appear
court, or for corruptly or willful appearing as an attorney for a party to a
in court for his client, but the presiding judge may, on motion of either
case without authority so to do. The practice of soliciting cases at law for
party and on reasonable grounds therefor being shown, require any
the purpose of gain, either personally or through paid agents or brokers,
attorney who assumes the right to appear in a case to produce or prove
constitutes malpractice.
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 Section 28. Suspension of attorney by the Court of Appeals or a Court of
appear in court for a person without being employed, unless by leave of First Instance. — The Court of Appeals or a Court of First Instance may
the court, may be punished for contempt as an officer of the court who suspend an attorney from practice for any of the causes named in the
has misbehaved in his official transactions. 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 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 Section 29. Upon suspension by the Court of Appeals or Court of First
appeal, unless he files a formal petition withdrawing his appearance in Instance, further proceedings in Supreme Court. — Upon such
the appellate court. 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
Section 23. Authority of attorneys to bind clients. — Attorneys have
based. Upon the receipt of such certified copy and statement, the
authority to bind their clients in any case by any agreement in relation
Supreme Court shall make a full investigation of the facts involved and
thereto made in writing, and in taking appeals, and in all matters of
make such order revoking or extending the suspension, or removing the
ordinary judicial procedure. But they cannot, without special authority,
attorney from his office as such, as the facts warrant.
compromise their client's litigation, or receive anything in discharge of a
client's claim but the full amount in cash.
Section 30. Attorney to be heard before removal or suspension. — No
attorney shall be removed or suspended from the practice of his
Section 24. Compensation of attorneys; agreement as to fees. — An
profession, until he has had full opportunity upon reasonable notice to
attorney shall be entitled to have and recover from his client no more
answer the charges against him, to produce witnesses in his own behalf,
than a reasonable compensation for his services, with a view to the
and to be heard by himself or counsel. But if upon reasonable notice he
importance of the subject matter of the controversy, the extent of the
fails to appear and answer the accusation, the court may proceed to
services rendered, and the professional standing of the attorney. No
determine the matter ex parte.
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 Section 31. Attorneys for destitute litigants. — A court may assign an
services shall control the amount to be paid therefor unless found by the attorney to render professional aid free of charge to any party in a case,
court to be unconscionable or unreasonable. 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
Section 25. Unlawful retention of client's funds; contempt. — When an
be the duty of the attorney so assigned to render the required service,
attorney unjustly retains in his hands money of his client after it has
unless he is excused therefrom by the court for sufficient cause shown.
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 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
Section 26. Change of attorneys. — An attorney may retire at any time
compensates in such sum as the court may fix in accordance with section
from any action or special proceeding, by the written consent of his
24 of this rule. Whenever such compensation is allowed, it shall be not
client filed in court. He may also retire at any time from an action or
less than thirty pesos (P30) in any case, nor more than the following
special proceeding, without the consent of his client, should the court,
amounts: (1) Fifty pesos (P50) in light felonies; (2) One hundred pesos
on notice to the client and attorney, and on hearing, determine that he
(P100) in less grave felonies; (3) Two hundred pesos (P200) in grave
ought to be allowed to retire. In case of substitution, the name of the
felonies other than capital offenses; (4) Five Hundred pesos (P500) in
attorney newly employed shall be entered on the docket of the court in
capital offenses.
place of the former one, and written notice of the change shall be given
to the advance party.
Section 33. Standing in court of person authorized to appear for
Government. — Any official or other person appointed or designated in
A client may at any time dismiss his attorney or substitute another in his
accordance with law to appear for the Government of the Philippines
place, but if the contract between client and attorney has been reduced
shall have all the rights of a duly authorized member of the bar to appear
to writing and the dismissal of the attorney was without justifiable cause,
in any case in which said government has an interest direct or indirect.
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 Section 34. By whom litigation conducted. — In the court of a justice of
of his compensation the attorney shall have a lien upon all judgments for 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.

RULE 138-A
Law Student Practice Rule

Section 1. Conditions for student practice. — A law student who has

successfully completed his 3rd year of the regular four-year prescribed
law curriculum and is enrolled in a recognized law school's clinical legal
education program approved by the Supreme Court, may appear without
compensation in any civil, criminal or administrative case before any trial
court, tribunal, board or officer, to represent indigent clients accepted by
the legal clinic of the law school.

Section 2. Appearance. — The appearance of the law student authorized

by this rule, shall be under the direct supervision and control of a
member of the Integrated Bar of the Philippines 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.

Section 3. Privileged communications. — The Rules safeguarding

privileged communications between attorney and client shall apply to
similar communications made to or received by the law student, acting
for the legal clinic.

Section 4. Standards of conduct and supervision. — The law student shall

comply with the standards of professional conduct governing members
of the Bar. Failure of an attorney to provide adequate supervision of
student practice may be a ground for disciplinary action. (Circular No. 19,
dated December 19, 1986).