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 upreme !ourt 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. !itizens of the "nited tates of America who, before #uly $, %&$', were duly licensed members of the Philippine (ar, 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 upreme !ourt, be allowed to continue such practice after ta)ing the following oath of office* + . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice of law in the Philippines, do solemnly swear that + recognize the supreme authority of the ,epublic of the Philippines; + will support its !onstitution and obey the laws as well as the legal orders of the duly constituted authorities therein; + will do no falsehood, nor consent to the doing of any in court; + will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; + will delay no man for money or malice, and will conduct myself as a lawyer according to the best of may )nowledge and discretion with all good fidelity as well as to the courts as to my clients; and + impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. o help me -od. Section 4. Requirements for applicants from other jurisdictions. Applicants for admission who, being .ilipino citizens, are enrolled attorneys in good standing in the upreme !ourt of the "nited tates or in any circuit court of appeals or district court therein, or in the highest court of any tate or /erritory of the "nited tates, 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 #uly $, %&$', and that they have never been suspended or disbarred, may, in the discretion of the !ourt, be admitted without e0amination.

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 e0amination, 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 ecretary of Education. /he 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 re1uired by the court. 2o applicant shall be admitted to the bar e0aminations 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 3urisprudence, ta0ation and legal ethics. Section 6. Pre-Law. 2o applicant for admission to the bar e0amination shall be admitted unless he presents a certificate that he has satisfied the ecretary of Education that, before he began the study of law, he had pursued and satisfactorily completed in an authorized and recognized university or college, re1uiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelor4s degree in arts or sciences with any of the following sub3ects as ma3or or field of concentration* political science, logic, english, spanish, history and economics. Section 7. ime for filin! proof of qualifications. All applicants for admission shall file with the cler) of the upreme !ourt the evidence re1uired by section 5 of this rule at least fifteen 6%78 days before the beginning of the e0amination. +f not embraced within section 9 and $ of this rule they shall also file within the same period the affidavit and certificate re1uired by section 7, and if embraced within sections 9 and $ they shall e0hibit a license evidencing the fact of their admission to practice, satisfactory evidence that the same has not been revo)ed, 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. "otice of Applications. 2otice of applications for admission shall be published by the cler) of the upreme !ourt in newspapers published in Pilipino, English and panish, for at least ten 6%:8 days before the beginning of the e0amination. Section 9. #$amination% subjects. Applicants, not otherwise provided for in sections 9 and $ of this rule, shall be sub3ected to e0aminations in the following sub3ects* !ivil ;aw; ;abor and ocial ;egislation; <ercantile ;aw; !riminal ;aw; Political ;aw 6!onstitutional ;aw, Public !orporations, and Public =fficers8; +nternational ;aw 6Private and Public8; /a0ation; ,emedial ;aw 6!ivil Procedure,

!riminal Procedure, and Evidence8; ;egal Ethics and Practical E0ercises 6in Pleadings and !onveyancing8. Section 10. &ar e$amination' by questions and answers' and in writin!. Persons ta)ing the e0amination shall not bring papers, boo)s or notes into the e0amination rooms. /he 1uestions shall be the same for all e0aminees and a copy thereof, in English or panish, shall be given to each e0aminee. E0aminees shall answer the 1uestions personally without help from anyone. "pon verified application made by an e0aminee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time., the upreme !ourt may allow such e0aminee to use a typewriter in answering the 1uestions. =nly noiseless typewriters shall be allowed to be used. /he committee of bar e0aminer shall ta)e such precautions as are necessary to prevent the substitution of papers or commission of other frauds. E0aminees shall not place their names on the e0amination papers. 2o oral e0amination shall be given. Section 11. Annual e$amination. E0aminations for admission to the bar of the Philippines shall ta)e place annually in the !ity of <anila. /hey shall be held in four days to be disignated by the chairman of the committee on bar e0aminers. /he sub3ects shall be distributed as follows* .irst day* Political and +nternational ;aw 6morning8 and ;abor and ocial ;egislation 6afternoon8; econd day* !ivil ;aw 6morning8 and /a0ation 6afternoon8; /hird day* <ercantile ;aw 6morning8 and !riminal ;aw 6afternoon8; .ourth day* ,emedial ;aw 6morning8 and legal Ethics and Practical E0ercises 6afternoon8. Section 12. (ommittee of e$aminers. E0aminations shall be conducted by a committee of bar e0aminers to be appointed by the upreme !ourt. /his committee shall be composed of a #ustice of the upreme !ourt, 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. /he names of the members of this committee shall be published in each volume of the official reports. Section 13. )isciplinary measures. 2o candidate shall endeavor to influence any member of the committee, and during e0amination the candidates shall not communicate with each other nor shall they give or receive any assistance. /he candidate who violates this provisions, or any other provision of this rule, shall be barred from the e0amination, and the same to count as a failure against him, and further disciplinary action, including permanent dis1ualification, may be ta)en in the discretion of the court. Section 14. Passin! a*era!e. +n order that a candidate may be deemed to have passed his e0aminations successfully, he must have obtained a general average of

>7 per cent in all sub3ects, without falling below 7: per cent in any sub3ects. +n determining the average, the sub3ects in the e0amination shall be given the following relative weights* !ivil ;aw, %7 per cent; ;abor and ocial ;egislation, %: per cent; <ercantile ;aw, %7 per cent; !riminal ;aw; %: per cent* Political and +nternational ;aw, %7 per cent; /a0ation, %: per cent; ,emedial ;aw, 5: per cent; ;egal Ethics and Practical E0ercises, 7 per cent. Section 15. Report of the committee% filin! of e$amination papers. 2ot later than .ebruary %7th after the e0amination, or as soon thereafter as may be practicable, the committee shall file its report on the result of such e0amination. /he e0amination papers and notes of the committee shall be filed with the cler) and may there be e0amined by the parties in interest, after the court has approved the report. Section 16. +ailin! candidates to ta,e re*iew course. !andidates who have failed the bar e0aminations for three times shall be dis1ualified from ta)ing another e0amination 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 prebar review course in a recognized law school. /he professors of the individual review sub3ects attended by the candidates under this rule shall certify under oath that the candidates have regularly attended classes and passed the sub3ects under the same conditions as ordinary students and the ratings obtained by them in the particular sub3ect. Section 17. Admission and oath of successful applicants. An applicant who has passed the re1uired e0amination, or has been otherwise found to be entitled to admission to the bar, shall ta)e and subscribe before the upreme !ourt the corresponding oath of office. Section 18. (ertificate. /he supreme !ourt 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 cler) of court, which certificate shall be his authority to practice. Section 19. Attorney-s roll. /he cler) of the upreme !ourt shall )ept a roll of all attorneys admitted to practice, which roll shall be signed by the person admitted when he receives his certificate. Section 20. )uties of attorneys. +t is the duty of an attorney* 6a8 /o maintain allegiance to the ,epublic of the Philippines and to support the !onstitution and obey the laws of the Philippines. 6b8 /o observe and maintain the respect due to the courts of 3ustice and 3udicial officers;

6c8 /o counsel or maintain such actions or proceedings only as appear to him to be 3ust, and such defenses only as he believes to be honestly debatable under the law. 6d8 /o employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never see) to mislead the 3udge or any 3udicial officer by an artifice or false statement of fact or law; 6e8 /o 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 client4s business e0cept from him or with his )nowledge and approval; 6f8 /o abstain from all offensive personality and to advance no fact pre3udicial to the honor or reputation of a party or witness, unless re1uired by the 3ustice of the cause with which he is charged; 6g8 2ot to encourage either the commencement or the continuance of an action or proceeding, or delay any man4s cause, from any corrupt motive or interest; 6h8 2ever to re3ect, for any consideration personal to himself, the cause of the defenseless or oppressed; 6i8 +n 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 re1uired to authorize him to appear in court for his client, but the presiding 3udge may, on motion of either party and on reasonable grounds therefor being shown, re1uire 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 ma)e such order as 3ustice re1uires. 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 ta)ing appeals, and in all matters of ordinary 3udicial procedure. (ut they cannot, without special authority, compromise their client4s litigation, or receive anything in discharge of a client4s claim but the full amount in cash. Section 24. (ompensation of attorneys% a!reement 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 sub3ect matter of the controversy, the e0tent of the services rendered, and the professional standing of the attorney. 2o court shall be bound by the opinion of attorneys as e0pert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional )nowledge. 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. ?hen an attorney un3ustly retains in his hands money of his client after it has been demanded, he may be punished for contempt as an officer of the !ourt who has misbehaved in his official transactions; but proceedings under this section shall not be a bar to a criminal prosecution. Section 26. (han!e 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. @e 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. +n case of substitution, the name of the attorney newly employed shall be entered on the doc)et 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 3ustifiable cause, he shall be entitled to recover from the client the full compensation stipulated in the contract. @owever, the attorney may, in the discretion of the court, intervene in the case to protect his rights. .or the payment of his compensation the attorney shall have a lien upon all 3udgments for the payment of money, and e0ecutions issued in pursuance of such 3udgment, rendered in the case wherein his services had been retained by the client. Section 27. Attorneys remo*ed or suspended by Supreme (ourt on what !rounds. A member of the bar may be removed or suspended from his office as attorney by the upreme !ourt 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 re1uired to ta)e 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. /he practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or bro)ers, constitutes malpractice. Section 28. Suspension of attorney by the (ourt of Appeals or a (ourt of +irst .nstance. /he !ourt of Appeals or a !ourt of .irst +nstance 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 upreme !ourt in the premises. Section 29. Upon suspension by the (ourt of Appeals or (ourt of +irst .nstance' further proceedin!s in Supreme (ourt. "pon such suspension, the !ourt of Appeals or the !ourt of .irst +nstance shall forthwith transmit to the upreme !ourt a certified copy of the order of suspension and a full statement of the facts upon which the same was based. "pon the receipt of such certified copy and statement, the upreme !ourt shall ma)e a full investigation of the facts involved and ma)e such order revo)ing or e0tending the suspension, or removing the attorney from his office as such, as the facts warrant. Section 30. Attorney to be heard before remo*al or suspension. 2o 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. (ut if upon reasonable notice he fails to appear and answer the accusation, the court may proceed to determine the matter e$ parte. Section 31. Attorneys for destitute liti!ants. 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 3ustice and to protect the rights of the party. +t shall be the duty of the attorney so assigned to render the re1uired service, unless he is e0cused therefrom by the court for sufficient cause shown. Section 32. (ompensation for attorneys de oficio. ub3ect 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 fi0 in accordance with section 5$ of this rule. ?henever such compensation is allowed, it shall be not less than thirty pesos 6P9:8 in any case, nor more than the following amounts* 6%8 .ifty pesos 6P7:8 in light felonies; 658 =ne hundred pesos

6P%::8 in less grave felonies; 698 /wo hundred pesos 6P5::8 in grave felonies other than capital offenses; 6$8 .ive @undred pesos 6P7::8 in capital offenses. Section 33. Standin! in court of person authorized to appear for /o*ernment. Any official or other person appointed or designated in accordance with law to appear for the -overnment 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. &y whom liti!ation conducted. +n the court of a 3ustice 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. +n 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. (ertain attorneys not to practice. 2o 3udge or other official or employee of the superior courts or of the =ffice of the olicitor -eneral, shall engage in private practice as a member of the bar or give professional advice to clients. Section 36. Amicus (uriae. E0perienced and impartial attorneys may be invited by the !ourt 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. @e shall also have a lien to the same e0tent upon all 3udgments for the payment of money, and e0ecutions issued in pursuance of such 3udgments, 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 3udgment, or issuing such e0ecution, 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 3udgments and e0ecutions as his client would have to enforce his lien and secure the payment of his 3ust fees and disbursements. /he ;awphil Pro3ect - Arellano ;aw .oundation