B.M. No. 1678 Dec.
Dec. 17, 2007 The Constitution also provides that the practice of all
Petition for Leave to Resume Practice of Law
Benjamin M. Dacanay, petitioner
Facts:
 Petitioner was admitted to the Bar in March
1960.
 He practiced law until he migrated to Canada
in December 1998 to seek medical attention for
his ailments.
 He applied for Canadian citizen to avail
Canada’s free medical aid program. His
application was approved on May 2004.
 On July 14, 2006, pursuant to RA 9225
(Citizen Retention & Reacquisition Act of
2003), petitioner acquired his Philippine
citizenship.
 He took his oath of allegiance as a Filipino
citizen before the Philippine Consulate General
in Toronto, Canada.
 Thereafter, he returned to the Philippines and
now intends to resume his law practice.
Issue:
WON petitioner may resume his practice of law upon
reacquisition of Philippine citizenship.
Ruling:
Yes. SC approved the recommendation of the Office of
the Bar Confidant with certain modifications.
The practice of law is a privilege burdened with
conditions.
Sec. 2, Rule 138, Rules of Court
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 a
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.
 Deceit – for falsely representing herself to be
professions in the Philippines shall be limited to
Filipinos.
Since it is a requirement for admission to the bar, loss
therefore terminates membership in the Philippine Bar
& consequently the privilege to engage in the practice
of law.
Exception: When a Filipino citizenship is lost by
reason of naturalization as a citizen of another country
but subsequently reacquired pursued to RA 9225. “All
Philippine citizens who become citizens of another
country shall be deemed not to have lost their
Philippine citizenship under the conditions of RA
9225”
Although petitioner is also deemed never to have
terminated his membership in the Philippines bar, no
automatic right to resume law practice accrues.
He must first secure from this court the authority to do
so, conditioned on:
1. Updating & payment in full of the annual
membership dues in IBP
2. Payment of Professional tax
3. Completion of at least 36 credit hours of
mandatory continuing legal application
4. Retaking of Lawyer’s oath
Compliance with these conditions & submission of
proof of such compliance to the Bar Confidant.
PETITION GRANTED.
He submitted a copy of his ID Cert. No. duly signed by
Immigration Commissioner Libanan.
A.C. 6290 July 14, 2004
Anna Marie Cambaliza, petitioner vs. Ana Luz
Cristal – Tenorio, respondent
Facts:
 Complainant is a former employee of respondent
in her law office, who charged the latter with:
married to Felicisimo Tenorio, Jr. who has a
prior and subsisting marriage with another
woman and were able to obtain a false
marriage contract (February 10, 1980 in
Manila same date with their 2 children’s birth
certificate). No record exist in NSO and Civil
Registry. In BC of their other 2 children,
another date and place of marriage are
indicated (February 12, 1980 in Malaybalay,
Bukidnon)
 Grossly Immoral Conduct – dissemination to
the public of libellous affidavit derogatory to
Makati Councilor Jacome.
 Malpractice & Other Gross Misconduct –
1
Respondent cooperated in the illegal practice
of law by her husband, who is not a member of
the Philippine Bar; 2converted his clients’
money to her own use & benefit which led to
an estafa case against her; & 3threatened the
complainant & her family with the statement
“isang bala ka lang” to deter them from
divulging respondent’s illegal activities &
transactions.
 Respondent denied all allegations.
Defense:
 As to deceit – she is legally married to
Felicisimo Tenorio Jr. on Feb. 12, 1980 as
shown in a cert. of marriage registered in
Quezon City. Her husband has no prior and
subsisting marriage with other woman
 As to grossly immoral conduct – Denied the
allegation and said that it was councillor
Jacome who caused the execution of the said
document
 As to malpractice and other gross misconduct –
she calimed that Cristal – Tenorio Law Office
is registered to the Dept. of Trade and Industry
as single proprietorship as shown by its Cert.
of Registration. Hence, she has no partners in
her law office.

The Estafa case has been dropped.
 Denied that she threatened the complainant and
alleged that this complaint was filed to get
even with her. She further alleged that it is
 politically-motivated since some politicians
offered to re-hire the complainant should
initiate this complaint.
 Also, she flaunted that she has received
numerous awards and citations for civic works
and exemplary services to the community.
 She prayed for the dismissal of disbarment case.
 IBP referred the case to IBP Commissioner Atty.
Tantuico.
 In a Reply, the complainant submitted the
following evidences:
(1) letterhead of Cristal-Tenorio Law Office where
the name of Felicisimo R. Tenorio, Jr., is listed as
a senior partner; and
(2) a Sagip Communication Radio Group
identification card signed by the respondent as
Chairperson where her husband is identified as
"Atty. Felicisimo R. Tenorio, Jr."
 She added that respondent's husband even
appeared in court hearings.
 In a Rejoinder, respondent averred that she neither
formed a law partnership with her husband nor
allowed her husband to appear in court on her
behalf. If there was an instance that her husband
appeared in court, he did so as a representative of
her law firm.
 However, upon cross-examination, when
confronted with the letterhead of Cristal-Tenorio
Law Office bearing her signature, she admitted that
his husband and a certain Gerardo A. Panghulan,
who are not lawyers, are named as senior partners
because they have investments in her law office.
 The respondent further declared that she married
Felicisimo R. Tenorio, Jr., on 12 February 1980 in
Quezon City, but when she later discovered that
their marriage contract was not registered she
applied for late registration April 5, 2000. She then
presented as evidence a certified copy of the
marriage contract issued by the Office of the Civil
Registrar General and authenticated by the NSO.
The erroneous entries in the birth certificates of
her children as to the place and date of her
marriage were merely an oversight.
 Complainant filed a Motion to Withdraw after
allegedly realizing that this disbarment complaint
arose out of misunderstanding and misappreciation
of facts.
 This motion was not acted upon by IBP.
 IBP found that complainant failed to substantiate
the charges of deceit and grossly immoral conduct
but found respondent guilty of cooperating in the
illegal practice of the law.
Disciplinary proceedings involve no private interest
and afford no redress for private grievance. They are
undertaken and prosecuted solely for the public
welfare. They are undertaken for the purpose of
preserving courts of justice from the official
ministration of persons unfit to practice in them.
 Respondent violated the Code of Professional
Responsibility:
Canon 9 - A lawyer shall not directly or
indirectly assist in the unauthorized practice of
law.
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any task
which by law may only be performed by a
member of the Bar in good standing.
Disposition:
Suspended for 6 months with a warning that a repetition
of the same or similar act in the future will be dealt with
more severely.
III. Admission to the Bar
1. Power to admit applicants to the Practice of Law
- involves exercise of judicial discretion
- belongs to the SC in view of the nature of its judicial
function
p.5, sec.5, Art. 8 of Consti
Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission
to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the
Supreme Court.
Limitations:
a. Simplified and inexpensive procedures for
speedy disposition of cases
b. Uniform for all courts of the same grade
c. Shall not diminish, increase or modify
substantive rights.
 Legislature may enact laws regulating the practice
of law to protect the public and promote the public
welfare but it cannot pass a law that will control
the SC in the performance of its function to decide
who may enjoy the privilege of practicing law.
Such is a violation of separation of powers.
(In the matter of the Integration of the Philippine
Integrated Bar of the Philippines)
Integration of the Philippine Bar – the official
unification of the entire lawyer population of the
Philippines. This requires membership and financial
support (in reasonable amount) of every attorney as
conditions sine qua non to the practice of law and the
retention of his name in the Roll of Attorneys of the
Supreme Court.
Bar – refers to the collectivity of all persons whose
names appear in the Roll of Attorneys
Persons entitled to practice Law
Sec. 1, Rule 138 of Rules of Court
Entitled to practice law:
- Duly licensed as a member of the Bar and in
good standing and regular standing
Requirements before admission to the Bar
1. Must be a citizen of the Philippines
2. At least 21 years of age
3. Of good moral character
 4. A resident of the Philippines; and
5. Must produce before the SC satisfactory
evidence of his good moral character and no
charges against him, involving moral turpitude,
have been filed or are pending in any court of
the Philippines.
- He must also pass the bar examinations
- take the lawyer’s oath before the SC en banc
- sign the roll of attorneys and
- receive a cert. from the Clerk of the SC of his
license to practice
Good Moral – defined as “including at least common
honesty”
Where non-lawyers may practice law – The following
are allow limited representation on behalf of
another:
1. A party may conduct his litigation personally
or with the aid of a friend or agent appointed
by him for that purpose. Such is allowed only
if the representation is made before the inferior
courts (MTCs). The friend or agent must not
habitually engaged in representing a party for
that will constitute unauthorized practice of
law. In Criminal cases, if a party cannot afford
the services of a counsel de parte, he shall be
provided a counsel de officio;
2. In localities where a duly licensed member of
the bar is not available, the MTC hearing
criminal case may, in its discretion admit or
assign a person (who is not a member of the
bar), resident of the province and of good
refute for probity and ability, to aid the
defendant in his defense;
3. Under the Labor Code, a union representative
may appear for his organization or any of its
members before the NLRC, labor arbiter or
labor arbitrator.
4. A person representing a land claimant in
cadastral court
5. In case of law student practice, as permitted by
the rules
6. In case of those authorized to represent the
government
Public Officials prohibited from engaging in private
practice of law
1. Judges and other officials or employees of the
court
2. Officials and employees of the Office of the
Solicitor General
3. Government Prosecutors
4. President, Vice President, members of the
Cabinet, their deputies and assistants
5. Members of Constitutional Commission
6. Ombudsman and his deputies
7. All governors, city and municipal mayors
8. Those who by special law are prohibited from
engaging in the practice of their profession
(Purpose of IBP, LegPro p.35-37)
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.
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).
In Re: Petition to take Lawyer’s Oath of Arthur
Cuevas Jr. (January 27, 1998)
FACTS:
 Petitioner Arthur M. Cuevas, Jr. was convicted
for Reckless Imprudence Resulting in
Homicide, for his participation in the
September 1991 initiation rites of LEX
TALIONIS FRATERNITY (San Beda College
of Law) wherein a neophyte Raul Camaligan
died as a result of personal violence inflicted
upon him.
 Petitioner applied for and was granted
probation, allowing him to continue his law
studies. On May 16, 1995, he was discharged
from probation and his case was closed and
terminated.
 Petitioner was allowed to take the bar
examinations subject to the condition that;
should he pass he will not be allowed to take
the lawyer’s oath pending approval by the
Court.
 Petitioner passed the 1996 Bar Examinations.
Petitioner prays that he be allowed to take the
lawyer’s oath.
ISSUE: Whether or not Cuevas may be allowed to take
the Lawyer’s Oath.
HELD: Yes. The Supreme Court is duty bound to
prevent the entry of undeserving aspirants, as well as to
exclude those who have been admitted but have become
a disgrace to the profession. Cuevas’ participation in the
senseless killing of the neophyte is highly reprehensible.
However, the Supreme Court is willing to give him a
chance considering that Cuevas has received various
certifications attesting to his righteous, peaceful and
civic-oriented character prove that he has taken decisive
steps to purge himself of his deficiency in moral
character and atone for the unfortunate death of
Camaligan.
The Supreme Court also stressed that the lawyer’s oath
is not a mere formality recited for a few minutes in the
glare of flashing cameras and before the presence of
select witnesses. As a lawyer, Cuevas shall be expected
to abide by the oath strictly and to conduct him beyond
reproach at all times. As a lawyer he will now be in a
better position to render legal and other services to the
more unfortunate members of society.
Re: application for admission to the bar Vs.Vicente
D. Ching, applicant.
Bar matter no. 914, October 1, 1999
Facts:
Vicente D. Ching, a legitimate son of the
spouses Tat Ching, a chinese citizen, and Priscila Dulay,
a Filipina, was born in Tubao, La Union on April 11,
1964. Since birth, Ching has resided in the Philippines.
On July 17, 1998, Ching, after graduated of Bachelor of
Laws course at St. Louis University in Baguio City, filed
an application to take the 1998 bar exam. The Supreme
Court allowed him to take the Bar Examinations,
provided that he can produce proof of his Philippine
Citizenship. In compliance with said requirements,
Ching submitted the following documents:
A.) Certification from board of accountancy of
the PRC showing that he is a
certified public accountant.
B.) Voter certification from COMELC
Tubao La Union.
C.) Certification that showing that Ching was
elected as a member of the Sangguniang
Bayan of Tubao, La Union.
On April 5, 1999 Ching was included as one of
the successful bar examinee and the schedule of their
oath taking was on May 5, 1999 but he was not allowed
to take his oath due the questionable citizenship issue.
The OSG filed its comment stating that Ching, being the
"legitimate child of a Chinese father and a Filipino
mother born under the 1935 Constitution was a Chinese
citizen and continued to be so, unless upon reaching the
age of majority he elected Philippine citizenship.
Issue:
1. WON Ching is a filipino citizen?
2. WON his election to Philippine citizenship
within the reasonable time prescribed by the
law?
Ruling:
1. No. Since the applicant was born on 1964, the
governing charter with regards to citizenship
issue is the 1935 constitution. Therefore as
what is provided by the said constitution, which
said that the citizenship of a legitimate child
born of a Filipino mother with an alien father
followed the citizenship of the father unless
upon reaching the age of majority which is 21
years of age elected Philippine citizenship.
2. In the case at bar, Ching did not elect his
citizenship when he reach 21 years old but
instead in 1999 which is 14 years after reaching
the age of majority which the court considered
as not within the reasonable period of time
considering the length of 14 years after he
reaches 21 year sold. In addition to that, the
court said that Philippine citizenship can never
be treated like commodity that can be claimed
when needed and suppressed when convenient.
In view of the foregoing, the court denies
Vicente D. Ching’s application for admission to
the Philippine bar.
The Supreme Court Resolves to DENY Vicente
D. Ching's application for admission to the
Philippine Bar.
In Re: Petition of Ramon Quisumbing for Admission
to the Bar
Bar Matter No. 419
Facts:
Ramon Quisumbing, a citizen and resident of the
Philippines who obtained his degree in law from
Georgetown University Law Center, Washington, D.C.
who took and passed the bar examinations of the District
of Columbia and State of Virginia and has been admitted
to the practice of law in various jurisdictions in the
United States including the Federal Supreme Court,
applies for admission to the practice of law without need
of taking the bar examinations. The petition made on his
behalf replied on the following grounds:
1. Section 4, Rule 138, of the Rules of court;
2. Comity or reciprocity, with the state of NY; and
3. The case of In Re Shoop, 41 Phil. 213
Issue:
WON, from the foregoing averments, petitioner may be
admitted to the Philippine bar without having to take the
bar examinations.
Held:
The requirements under Section 4, Rule 138, are not met.
The provision reads:
Sec 4. Requirements for applicants from other
jurisdictions – applicants for admission who,
being Filipino citizens, are enrolled attorneys in
good standing in the SC of U.S. or in any Circuit
Court of Appeals or District Court therein, or in
the highest court of any State or territory of the
U.S., and who can show by satisfactory
certificates that they have practiced at least 5
years in any courts, and 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.
In his petition, the applicant admits that he does not
satisfy the requirement that practice in the foreign
jurisdiction must have commenced prior to July 4,1946.
However, he insists that given his qualifications and
experience, he should nevertheless, “in the discretion of
the Court, be admitted without examination.”
The correct application of the aforecited Rule is that
discretion to admit one to the bar may be exercised only
after it is shown that the applicant has complied with all
the requirements thereunder.
Moreover, there is at present no Philippine rule
authorizing the admission to the Philippine bar because
of reciprocity or comity.
Reciprocity or comity does not operate in the abstract. A
local law governs and regulates the extent by which
recipcrocity may be invoked as the source of a right or
privilege. The Rules of Court promulgated by the SC
which under the 1987 Constitution as the sole power to
promulgate rules concerning admission to the practice of
law in the Philippines, makes no provision for admission
to the bar on the basis of reciprocity. The Court notes that
Rule 520.9 of the Rules of the New Your Court of
Appeals does not impose reciprocity as a condition for
admission of foreign trained lawyers who may be
admitted to the NY bar without examination.
The limited application of comity as a ground for
admission to the Philippine bar is embodied in Rule 138,
Sec. 4. Sine the conditions therein were not met by the
applicant, then he cannot claim the benefits under the
rule.
Applicant himself admits that In Re Shoop “may no
longer be binding precedent.” Said case was decided
under the old rules of examination of candidates for
admission to the practice of law, which became effective
on July 1, 1920, but which had been long superseded by
the 1964 Rules of Court.
The court acting on earlier similar applications for
admission to law practice by Filipino citizens who
obtained their law degree abroad denied them and
required their taking of the bar examinations for
admission to the Philippine bar.
In view of the above considerations, the Court denied
the petition of the applicant to the practice of law
without taking and passing the bar examinations.

III-A. Bar Examinations

Bar Subjects and Percentage
1. Political Law – 15%
2. Labor Law – 10%
3. Civil Law – 15%
4. Taxation – 10%
5. Commercial/Mercantile Law – 15%
6. Criminal Law – 10%
7. Remedial Law – 20%
8. Legal Ethics and Practical Exercises – 5%

Bar Examination Committee (BEC)

- Composed of SC Justice as its chairman,
designated by CJ &
- 8 members of the Bar who serve as examiners
in the eight subjects with one subject assigned
to each member
- Shall serve for 1 year

Duties and Functions of BEC

- Prepares the bar questions
- Correction of examination papers
- Giving grades obtained by examinees
- Submit the corrected papers to the Bar
confidant
- Enjoined to take necessary precautions to
prevent substitution of papers or the
commission of fraud

Duties of the Bar Confidant

- Tallies the individual grades of the examinee in
all subjects
- Computes the general average
- Prepares a comparative date showing the
percentage of passing and failing and submit it
to BEC and SC en banc

III-B Law Student’s Practice