Legal Ethics – Provisions
RULE 138 – Attorneys and Admission to Bar which he appears, and no written power of attorney is required to
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 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 21. Authority of attorney to appear. — an attorney is
presumed to be properly authorized to represent any cause in
Averell B. Abrasaldo – I-Estrellado
designated in accordance with law to appear for the Government
authorize him to appear in court for his client, but the presiding of the Philippines shall have all the rights of a duly authorized
judge may, on motion of either party and on reasonable grounds member of the bar to appear in any case in which said
therefor being shown, require any attorney who assumes the right government has an interest direct or indirect.
to appear in a case to produce or prove the authority under which
he appears, and to disclose, whenever pertinent to any issue, the
Section 35. Certain attorneys not to practice. — No judge or
name of the person who employed him, and may thereupon make
other official or employee of the superior courts or of the Office
such order as justice requires. An attorneys wilfully appear in
of the Solicitor General, shall engage in private practice as a
court for a person without being employed, unless by leave of the
member of the bar or give professional advice to clients.
court, may be punished for contempt as an officer of the court
who has misbehaved in his official transactions.
RULE 138-A
Section 22. Attorney who appears in lower court presumed to
represent client on appeal. — An attorney who appears de Law Student Practice Rule
parte in a case before a lower court shall be presumed to continue
representing his client on appeal, unless he files a formal petition
Section 1. Conditions for student practice. — A law student who
withdrawing his appearance in the appellate court.
has successfully completed his 3rd year of the regular four-year
prescribed law curriculum and is enrolled in a recognized law
Section 23. Authority of attorneys to bind clients. — Attorneys school's clinical legal education program approved by the
have authority to bind their clients in any case by any agreement Supreme Court, may appear without compensation in any civil,
in relation thereto made in writing, and in taking appeals, and in criminal or administrative case before any trial court, tribunal,
all matters of ordinary judicial procedure. But they cannot, board or officer, to represent indigent clients accepted by the
without special authority, compromise their client's litigation, or legal clinic of the law school.
receive anything in discharge of a client's claim but the full
amount in cash.
Section 2. Appearance. — The appearance of the law student
authorized by this rule, shall be under the direct supervision and
Section 24. Compensation of attorneys; agreement as to fees. — control of a member of the Integrated Bar of the Philippines duly
An attorney shall be entitled to have and recover from his client accredited by the law school. Any and all pleadings, motions,
no more than a reasonable compensation for his services, with a briefs, memoranda or other papers to be filed, must be signed by
view to the importance of the subject matter of the controversy, the supervising attorney for and in behalf of the legal clinic.
the extent of the services rendered, and the professional standing
of the attorney. No court shall be bound by the opinion of
Section 3. Privileged communications. — The Rules
attorneys as expert witnesses as to the proper compensation, but
safeguarding privileged communications between attorney and
may disregard such testimony and base its conclusion on its own
client shall apply to similar communications made to or received
professional knowledge. A written contract for services shall
by the law student, acting for the legal clinic.
control the amount to be paid therefor unless found by the court
to be unconscionable or unreasonable.
Section 4. Standards of conduct and supervision. — The law
student shall comply with the standards of professional conduct
Section 34. By whom litigation conducted. — In the court of a
governing members of the Bar. Failure of an attorney to provide
justice of the peace a party may conduct his litigation in person,
adequate supervision of student practice may be a ground for
with the aid of an agent or friend appointed by him for the
disciplinary action. 
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. RULE 116 – Arraignment and Plea
Section 33. Standing in court of person authorized to appear for Section 7. Appointment of counsel de oficio. — The court,
Government. — Any official or other person appointed or considering the gravity of the offense and the difficulty of the
Legal Ethics – Provisions
questions that may arise, shall appoint as counsel de oficio only
such members of the bar in good standing who, by reason of their
experience and ability, can competently defend the accused. But
in localities where such members of the bar are not available, the
court may appoint any person, resident of the province and of
good repute for probity and ability, to defend the accused. (7a)
Article 222 of the Labor Code Appearances and Fees.
Non-lawyers may appear before the Commission or any Labor
Arbiter only:  Cabinet, and their deputies or assistants shall not, unless
If they represent themselves; or
If they represent their organization or members
thereof.
No attorney’s fees, negotiation fees or similar charges of any kind
arising from any collective bargaining agreement shall be
imposed on any individual member of the contracting union:
Provided, However, that attorney’s fees may be charged against
union funds in an amount to be agreed upon by the parties. Any
contract, agreement or arrangement of any sort to the contrary
shall be null and void.
Republic Act No. 6713
Section 7(b)(2) of RA 6713:8
SEC. 7. Prohibited Acts and Transactions. - In
addition to acts and omissions of public officials and
employees now prescribed in the Constitution and
existing laws, the following shall constitute prohibited
acts and transactions of any public official ands
employee and are hereby declared to be unlawful:
xxx       xxx       xxx
(b) Outside employment and other activities related
thereto. - Public officials and employees during their
incumbency shall not:
xxx       xxx       xxx
Averell B. Abrasaldo – I-Estrellado
(2) Engage in the private practice of
profession unless authorized by the
Constitution or law, provided that such
practice will not conflict or tend to conflict
with their official functions; xxx (emphasis
supplied)
Article VII 1987 Constitution
Section 13. The President, Vice-President, the Members of the
otherwise provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said
tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by
the Government or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporations
or their subsidiaries. They shall strictly avoid conflict of interest
in the conduct of their office. 
Article IX(A) 1987 Constitution
Section 2. No member of a Constitutional Commission shall,
during his tenure, hold any other office or employment. Neither
shall he engage in the practice of any profession or in the active
management or control of any business which, in any way, may
be affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any contract with,
or in any franchise or privilege granted by the Government, any
of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
Republic Act No. 7160
SEC. 90. Practice of Profession. - (a) All governors, city and
municipal mayors are prohibited from practicing their profession
or engaging in any occupation other than the exercise of their
functions as local chief executives.
(b)  Sanggunian  members may practice their
professions, engage in any occupation, or teach in
schools except during session hours: Provided,
That sanggunian members who are members of the
Bar shall not:
(1) Appear as counsel before any court in
any civil case wherein a local government
unit or any office, agency, or
instrumentality of the government is the
adverse party;
(2) Appear as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused of
an offense committed in relation to his
office;
(3) Collect any fee for their appearance in
administrative proceedings involving the
local government unit of which he is an
official; and
(4) Use property and personnel of the
Government except when
the sanggunian member concerned is
defending the interest of the Government.
(c) Doctors of medicine may practice their profession
even during official hours of work only on occasions
of emergency: Provided, That the officials concerned
do not derive monetary compensation therefrom.
Section 415. Appearance of Parties in Person. - In all
katarungang pambarangay proceedings, the parties must appear in
person without the assistance of counsel or representative, except
for minors and incompetents who may be assisted by their next-
of-kin who are not lawyers.
Article VI 1987 Constitution
Section 14. No Senator or Member of the House of
Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-judicial
and other administrative bodies. Neither shall he, directly or
indirectly, be interested financially in any contract with, or in any
franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any
government-owned or controlled corporation, or its subsidiary,
during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office.
Legal Ethics – Provisions

Rule XVIII of the Revised Civil Service

Sec. 12. No officer or employee shall engage directly in

any private business, vocation, or profession or be connected
with any commercial, credit, agricultural, or industrial
undertaking without a written permission from the head of the
Department: Provided, That this prohibition will be absolute in
the case of those officers and employees whose duties and
responsibilities require that their entire time be at the disposal of
the Government; Provided, further, That if an employee is
granted permission to engage in outside activities, time so
devoted outside of office hours should be fixed by the agency to
the end that it will not impair in any way the efficiency of the
officer or employee: And provided, finally, that no permission is
necessary in the case of investments, made by an officer or
employee, which do not involve real or apparent conflict between
his private interests and public duties, or in any way influence
him in the discharge of his duties, and he shall not take part in the
management of the enterprise or become an officer of the board
of directors.

Republic Act No. 910

Section 1. When a Justice of the Supreme Court or of the Court

of Appeals who has rendered at least twenty years' service either
in the judiciary or in any other branch of the Government, or in
both, (a) retires for having attained the age of seventy years, or
(b) resigns by reason of his incapacity to discharge the duties of
his office, he shall receive during the residue of his natural life, in
the manner hereinafter provided, the salary which he was
receiving at the time of his retirement or resignation. And when a
Justice of the Supreme Court or of the Court of Appeals has
attained the age of fifty-seven years and has rendered at least
twenty-years' service in the Government, ten or more of which
have been continuously rendered as such Justice or as judge of a
court of record, he shall be likewise entitled to retire and receive
during the residue of his natural life, in the manner also
hereinafter prescribed, the salary which he was then receiving. It
is a condition of the pension provided for herein that no retiring
Justice during the time that he is receiving said pension shall
appear as counsel before any court in any civil case wherein the
Government or any subdivision or instrumentality thereof is the
adverse party, or in any criminal case wherein and officer or
employee of the Government is accused of an offense committed
in relation to his office, or collect any fee for his appearance in
any administrative proceedings to maintain an interest adverse to
the Government, insular, provincial or municipal, or to any of its
legally constituted officers.

Averell B. Abrasaldo – I-Estrellado