LAWYER’S OATH

1. I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support
the Constitution and obey the laws as well as the legal orders of the duly constituted authorities
therein;
2. I will do no falsehood, nor consent to the doing of any in court;
3. I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same;
4. I will delay no man for money or malice, and will conduct myself as a lawyer according to the best
of my knowledge and discretion, with all good fidelity as well to the courts as to my clients; and
5. I impose upon myself these voluntary obligations without any mental reservation or purpose of
evasion.
6. So help me God.
CAYETANO VS MONSOD
FACTS:
 Respondent Christian Monsod was nominated by President Cory as Chairman of COMELEC.
Petitioner Cayetano opposed the nomination because allegedly Monsod does not possess the
required qualification of having been engaged in the practice of law for at least 10 years.
 The 1987 Constitution provides in Section 1 (1), Article IX-C:
o There shall be a Commission on Elections composed of a Chairman and six Commissioners
who shall be natural-born citizens of the Philippines and, at the time of their appointment,
at least thirty-five years of age, holders of a college degree, and must not have been
candidates for any elective position in the immediately preceding -elections. However, a
majority thereof, including the Chairman, shall be members of the Philippine Bar who have
been engaged in the practice of law for at least ten years.
 COA confirmed the nomination of Monsod as COMELEC Chairman. He took his oath of office and
assumed office as COMELEC Chairman.
 Petitioner Cayetano, as a citizen and taxpayer, filed an instant petition for certiorari and prohibition
to declare the appointment of Monsod as COMELEC Chairman as null and void.
 Monsod is a member of the Philippine Bar, having passed the bar examinations in 1960. He
graduated from UP College of Law. Has work for his father’s law office, World Bank Group, Meralco
Group, NAMFREL, Constitutional Commission.
ISSUE: W/N Atty. Monsod possesses the required qualification of having been engaged in the legal
profession for at least 10 years
RULING:
 There is no jurisprudence as to what constitutes practice of law as a legal qualification to an
appointive office.
 In the case of Philippine Lawyers’ Association vs Agrava, the court stated:
o The practice of law is not limited to the conduct of cases or litigation in court; it embraces
the preparation of pleadings and other papers incident to actions and special proceedings,
the management of such actions and proceedings on behalf of clients before judges and
courts, and in addition, conveying.
 o In general, all advice to clients, and all action taken for them in matters connected with the
law incorporation services, assessment and condemnation services contemplating an
appearance before a judicial body, the foreclosure of a mortgage, enforcement of a
creditor's claim in bankruptcy and insolvency proceedings, and conducting proceedings in
attachment, and in matters of estate and guardianship have been held to constitute law
practice, as do the preparation and drafting of legal instruments, where the work done
involves the determination by the trained legal mind of the legal effect of facts and
conditions.
o Although these transactions may have no direct connection with court proceedings, they
are always subject to become involved in litigation. They require in many aspects a high
degree of legal skill, a wide experience with men and affairs, and great capacity for
adaptation to difficult and complex situations. These customary functions of an attorney
or counselor at law bear an intimate relation to the administration of justice by the courts.
No valid distinction, so far as concerns the question set forth in the order, can be drawn
between that part of the work of the lawyer which involves appearance in court and that
part which involves advice and drafting of instruments in his office. It is of importance to
the welfare of the public that these manifold customary functions be performed by
persons possessed of adequate learning and skill, of sound moral character, and acting at
all times under the heavy trust obligations to clients which rests upon all attorneys.
 Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience.
 To engage in the practice of law is to perform those acts which are characteristics of the profession.
Generally, to practice law is to give notice or render any kind of service, which device or service
requires the use in any degree of legal knowledge or skill.
 Atty. Monsod's past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-
entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich
and the poor — verily more than satisfy the constitutional requirement — that he has been
engaged in the practice of law for at least ten years.
 The petition is DISMISSED.

PHILIPPINE LAWYERS’ ASSOCIATION VS AGRAVA

FACTS:
 This is a petition filed by the Phil. Lawyers’ Association for prohibition and injunction against
Celedonio Agrava, in his capacity as Director of the Philippines Patent Office.
 Director Agrava issued a circular on the examination for the purpose of determining who are
qualified to practice as patent attorneys before the Philippines Patent Office.
 PETITIONERS’ ARGUMENT:
o One who has passed the bar examinations and is licensed by the Supreme Court to practice
law in the Philippines and who is in good standing, is duly qualified to practice before the
Philippines Patent Office.
o That Director Agrava’s requirement to take an examination is in excess of his jurisdiction
and is in violation of the law.
  RESPONDENT’S ARGUMENT:
o The Rules of Court do not prohibit the Patent Office, or any other quasi-judicial body from
requiring further condition or qualification from those who would wish to handle cases
before the Patent Office which,
o That it is in accordance with Republic Act No. 165 (Patent Law of the Philippines), which
similar to the United States Patent Law, in accordance with which the United States Patent
Office has also prescribed a similar examination as that prescribed by respondent
ISSUE: W/N appearance before the Patent Office and preparation and prosecution of patent applications,
inter alia, constitute or is included in the legal profession
RULING:
 the practice of law includes such appearance before the Patent Office, the representation of
applicants, oppositors, and other persons, and the prosecution of their applications for patent,
their oppositions thereto, or the enforcement of their rights in patent cases.
 practice before the Patent Office involves the interpretation and application of other laws and legal
principles, as well as the existence of facts to be established in accordance with the law of evidence
and procedure.
 All these things involve the applications of laws, legal principles, practice and procedure. They call
for legal knowledge, training and experience for which a member of the bar has been prepared.
 The Director of Patents, exercising as he does judicial or quasi-judicial functions, it is reasonable to
hold that a member of the bar, because of his legal knowledge and training, should be allowed to
practice before the Patent Office, without further examination or other qualification.
 to hold examinations to determine the qualifications of those allowed to practice before the Patent
Office. While the U.S. Patent Law authorizes the Commissioner of Patents to require attorneys to
show that they possess the necessary qualifications and competence to render valuable service to
and advise and assist their clients in patent cases, which showing may take the form of a test or
examination to be held by the Commissioner, our Patent Law, Section 78, is silent on this important
point. Our attention has not been called to any express provision of our Patent Law, giving such
authority to determine the qualifications of persons allowed to practice before the Patent Office.
 In conclusion, we hold that under the present law, members of the Philippine Bar authorized by
this Tribunal to practice law, and in good standing, may practice their profession before the Patent
Office, for the reason that much of the business in said office involves the interpretation and
determination of the scope and application of the Patent Law and other laws applicable, as well as
the presentation of evidence to establish facts involved; that part of the functions of the Patent
director are judicial or quasi-judicial, so much so that appeals from his orders and decisions are,
under the law, taken to the Supreme Court.
 Petition is GRANTED.

PEOPLE VS VILLANUEVA
FACTS:
 Chief of Police of Alaminos, Laguna charged Simplicio Villanueva with malicious mischief. Villanueva
was represented by counsel de officio but was later replaced by counsel de parte.
  Chief of Police is represented by City Attorney Ariston Fule, having entered his appearance as
private prosecutor, after securing the permission of the Secretary of Justice. The condition of his
appearance as such, was that every time he would appear at the trial of the case, he would be
considered on official leave of absence, and that he would not receive any payment for his services.
 Attorney Fule as private prosecutor was questioned by counsel for Villanueva. Citing Aquino et al
vs Blanco:
o when an attorney had been appointed to the position of Assistant Provincial Fiscal or City
Fiscal and therein qualified, by operation of law, he ceased to engage in private law practice
 Villanueva’s counsel presented a "Motion to Inhibit Fiscal Fule from Acting as Private Prosecutor in
this Case," this time invoking Section 32, Rule 27, now Sec. 35, Rule 138, Revised Rules of Court,
which bars certain attorneys from practicing.
ISSUE: W/N Attorney Fule violated Section 35, Rule 138, Revised Rules of Court, which bars certain
attorneys from practicing
RULING:
 The Court holds that the appearance of Attorney Fule did not constitute private practice, within
the meaning and contemplation of the Rules.
 We believe that the isolated appearance of City Attorney Fule did not constitute private practice
within the meaning and contemplation of the Rules. Practice is more than an isolated appearance,
for it consists in frequent or customary actions, a succession of acts of the same kind. In other
words, it is frequent habitual exercise (State vs. Cotner, 127, p. 1, 87 Kan. 864, 42 LRA, M.S. 768).
Practice of law to fall within the prohibition of statute has been interpreted as customarily or
habitually holding one's self out to the public, as customarily and demanding payment for such
services (State vs. Bryan, 4 S.E. 522, 98 N.C. 644, 647). The appearance as counsel on one occasion
is not conclusive as determinative of engagement in the private practice of law.
 The following observation of the Solicitor General is noteworthy:
o Essentially, the word private practice of law implies that one must have presented himself
to be in the active and continued practice of the legal profession and that his professional
services are available to the public for a compensation, as a source of his livelihood or in
consideration of his said services.
 It has never been refuted that City Attorney Fule had been given permission by his immediate
superior, the Secretary of Justice, to represent the complainant in the case at bar, who is a relative.
 Decision appealed from is affirmed.

RULE 138: ATTORNEYS AND ADMISSION TO BAR

Section 1. Who may practice law.
 Any person duly admitted as a member of the bar, OR admitted as such in accordance with the
provisions of this rule
 Any person who is in good and regular standing

Section 2. Requirements for all applicants for admission to the bar.

 Citizen of the Philippines; At least twenty-one years of age; Good moral character; Resident of the
Philippines
  Must produce before the Supreme Court satisfactory evidence of good moral character (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/university, officially approved and
recognized by the Secretary of Education.
The affidavit of the candidate, accompanied by a certificate from the law school/university, 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 designated 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% Mercantile Law 15% Political and 15% Remedial Law 20%
International Law
Labor and Social 10 % Criminal Law 10% Taxation 10% Legal Ethics 5%
Legislation

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 compensated
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.
BAR MATTER NO. 115
Quoted hereunder, for your information, is a resolution of the Court En Banc dated March 9, 2010.
"B.M. 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). - The Court Resolved to APPROVE the proposed
amendments to Sections 5 and 6 of Rule 138, to wit:
Section 5. Additional Requirement for Other Applicants. — All applicants for admission other than those
referred to in the two preceding sections shall, before being admitted to the examination, 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.
No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be admitted to the bar
examination unless he or she has satisfactorily completed the following course 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.

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 the fourth year subjects in the Bachelor of Laws academic program in a law
school duly recognized by the Philippine Government.
Section 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 Bachelor of Laws degree or its equivalent in a foreign
law school must present proof of having completed a separate bachelor's degree course.

The Clerk of Court, through the Office of the Bar Confidant, is hereby directed to CIRCULARIZE this
resolution among all law schools in the country.

THE PRACTICE OF LAW

Rule 138 lays down two basic requirements that must be complied with before one can engage in the
practice of law.
1. Admitted to the Bar. Involves phases consisting of:
a. Furnishing proof of educational, moral, and other qualifications
b. Passing the bar Examinations;
c. Taking the Lawyer’s Oath before the Supreme Court; and
d. Signing the Roll of Attorneys and receiving from the clerk of the Supreme Court a certificate of
license to practice
2. After Admission to the Bar. A lawyer must remain in good and regular standing, which is a continuing
requirement for the practice of law. He must;
a. Remain a member of the Integrated Bar of the Philippines
b. Regularly pay all the IBP membership dues, and other awful assessment as well as the annual
privilege task;
c. Faithfully observe the rules and ethics of the legal profession; and
d. Be continually subject to judicial disciplinary control.
A violation of the Code of Ethics is punishable even to the extent of disbarment or taking away of the lawyer’s
license to practice.

The rigid requirements are intended to protect the public, the Court, the client, and the Bar from incompetence and
dishonesty of those who are unfit to become members of the legal profession.

Educational Qualifications
Public policy demands that a person seeking admission to the practice of law must show a degree of learning and
proficiency in law deemed necessary for the due performance of the duties of a lawyer.

An applicant must have pursue and satisfactorily completed in an authorized and recognized university:
 A fourth year high school course
 A course of stud prescribed for a bachelor’s degree in arts or sciences with a respective field of concentration
 A fourth year bachelor’s degree in law with completed courses in all necessary Bar subjects

What is the Practice?

  See Philippine Lawyers Association vs Agrava

Fields of Practice
1. Private Practice
o Can be done by a lawyer either as a sole practitioner or in association with others.
o Chief advantage of practicing alone – freedom from business interruption and inconveniences
connected with settlements and readjustments in the event of dissolution of the law firm.
o Sole practitioner has total control of practice, choice of clients, and charging of fees.
o Disadvantages of sole practice: lack of group support, burdensome overhead, lack of adequate
facilities and equipment.
o It is in private practice where one hones himself as a trial lawyer.
2. Corporate Lawyering
o Businessmen rely on the legal advice of their potential legal and major decision, prior to entering
into contracts and on legal issues that may arise.
3. Government Employment
o Almost all government instrumentality has a position that can be filled up only by lawyers.

Not Practice of Law

o Even if one holds himself as a lawyer in public, an attorney may be deemed not in the practice of
law in the following instances:
 When the appearance of the lawyer is not habitual, but merely isolated and he does not
demand any fee for his services
 When he appears in his personal capacity as a party litigant
 When he teaches law subjects in slaw schools