Lawyer’s oath Rule 1.

01 - A lawyer shall not engage in

I, do solemnly swear that I will maintain unlawful, dishonest, immoral or deceitful
allegiance to the Republic of the conduct.
Philippines, I will support the Constitution
Rule 1.02 - A lawyer shall not counsel or
and obey the laws as well as the legal orders
abet activities aimed at defiance of the
of the duly constituted authorities therein;
law or at lessening confidence in the
I will do no falsehood, nor consent to the
legal system.
doing of any in court; I will not wittingly or
willingly promote or sue any groundless,
false or unlawful suit, or give aid nor
consent to the same; I will delay no man for Rule 1.03 - A lawyer shall not, for any
money or malice, and will conduct myself as corrupt motive or interest, encourage any
a lawyer according to the best of my suit or proceeding or delay any man's
knowledge and discretion, with all good cause.
fidelity as well to the courts as to my clients;
and I impose upon myself these voluntary
obligations without any mental reservation
or purpose of evasion. So help me God. Rule 1.04 - A lawyer shall encourage his
clients to avoid, end or settle a
controversy if it will admit of a fair
settlement.
CODE OF PROFESSIONAL
RESPONSIBILITY (Promulgated
June 21, 1988)
CANON 2 - A LAWYER SHALL MAKE
CHAPTER I. THE LAWYER AND HIS LEGAL SERVICES AVAILABLE IN
SOCIETY AN EFFICIENT AND CONVENIENT
MANNER COMPATIBLE WITH THE
CANON 1 - A LAWYER SHALL UPHOLD
INDEPENDENCE, INTEGRITY AND
THE CONSTITUTION, OBEY THE
EFFECTIVENESS OF THE
LAWS OF THE LAND AND PROMOTE
PROFESSION.
RESPECT FOR LAW OF AND LEGAL
PROCESSES. Rule 2.01 - A lawyer shall not reject,
except for valid reasons, the cause of the
defenseless or the oppressed.
Rule 2.02 - In such cases, even if the
lawyer does not accept a case, he shall
not refuse to render legal advice to the
person concerned if only to the extent
necessary to safeguard the latter's rights.
Rule 3.02 - In the choice of a firm name,
no false, misleading or assumed name
shall be used. The continued use of the
name of a deceased partner is
permissible provided that the firm
indicates in all its communications that
said partner is deceased.

Rule 2.03 - A lawyer shall not do or permit

to be done any act designed primarily to
solicit legal business. Rule 3.03 - Where a partner accepts
public office, he shall withdrawal from the
firm and his name shall be dropped from
the firm name unless the law allows him
Rule 2.04 - A lawyer shall not charge
to practice law currently.
rates lower than those customarily
prescribed unless the circumstances so
warrant.
Rule 3.04 - A lawyer shall not pay or give
anything of value to representatives of
the mass media in anticipation of, or in
CANON 3 - A LAWYER IN MAKING
return for, publicity to attract legal
KNOWN HIS LEGAL SERVICES SHALL
business.
USE ONLY TRUE, HONEST, FAIR,
DIGNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF
FACTS.

Rule 3.01 - A lawyer shall not use or

permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-
laudatory or unfair statement or claim
regarding his qualifications or legal
services.
CANON 4 - A LAWYER SHALL concealment of witnesses capable of
PARTICIPATE IN THE DEVELOPMENT establishing the innocence of the
OF THE LEGAL SYSTEM BY accused is highly reprehensible and is
INITIATING OR SUPPORTING cause for disciplinary action.
EFFORTS IN LAW REFORM AND IN
THE IMPROVEMENT OF THE Rule 6.02 - A lawyer in the government
ADMINISTRATION OF JUSTICE. service shall not use his public position to
promote or advance his private interests,
CANON 5 - A LAWYER SHALL KEEP nor allow the latter to interfere with his
ABREAST OF LEGAL public duties.
DEVELOPMENTS, PARTICIPATE IN
CONTINUING LEGAL EDUCATION
PROGRAMS, SUPPORT EFFORTS TO
Rule 6.03 - A lawyer shall not, after
ACHIEVE HIGH STANDARDS IN LAW
leaving government service, accept
SCHOOLS AS WELL AS IN THE
engagement or employment in
PRACTICAL TRAINING OF LAW
connection with any matter in which he
STUDENTS AND ASSIST IN
had intervened while in said service.
DISSEMINATING THE LAW AND
JURISPRUDENCE.

CANON 6 - THESE CANONS SHALL

APPLY TO LAWYERS IN
GOVERNMENT SERVICES IN THE
DISCHARGE OF THEIR TASKS.

Rule 6.01 - The primary duty of a lawyer

engaged in public prosecution is not to
convict but to see that justice is done.
The suppression of facts or the

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. — against him, and further disciplinary action,
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
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 co
ntempt 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.