RULE 138 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
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.
government: civil law, commercial law, remedial law, criminal law, public and
private international law, political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.
Section 6. Pre-Law. — No applicant for admission to the bar examination shall be
admitted unless he presents a certificate that he has satisfied the Secretary of
Education that, before he began the study of law, he had pursued and satisfactorily
completed in an authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course, the course of
study prescribed therein for a bachelor's degree in arts or sciences with any of the
following subjects as major or field of concentration: political science, logic, english,
spanish, history and economics.
Section 7. Time for filing proof of qualifications. — All applicants for admission shall
file with the clerk of the Supreme Court the evidence required by section 2 of this
rule at least fifteen (15) days before the beginning of the examination. If not
embraced within section 3 and 4 of this rule they shall also file within the same
period the affidavit and certificate required by section 5, and if embraced within
sections 3 and 4 they shall exhibit a license evidencing the fact of their admission to
practice, satisfactory evidence that the same has not been revoked, and certificates
as to their professional standing. Applicants shall also file at the same time their
own affidavits as to their age, residence, and citizenship.
Section 8. Notice of Applications. — Notice of applications for admission shall be
published by the clerk of the Supreme Court in newspapers published in Pilipino,
English and Spanish, for at least ten (10) days before the beginning of the
examination.
Section 9. Examination; subjects. — Applicants, not otherwise provided for in
sections 3 and 4 of this rule, shall be subjected to examinations in the following
subjects: Civil Law; Labor and Social Legislation; Mercantile Law; Criminal Law;
Political Law (Constitutional Law, Public Corporations, and Public Officers);
International Law (Private and Public); Taxation; Remedial Law (Civil Procedure,
Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises (in Pleadings
and Conveyancing).
Section 10. Bar examination, by questions and answers, and in writing. — Persons
taking the examination shall not bring papers, books or notes into the examination
rooms. The questions shall be the same for all examinees and a copy thereof, in
English or Spanish, shall be given to each examinee. Examinees shall answer the
questions personally without help from anyone.
Upon verified application made by an examinee stating that his penmanship is so
poor that it will be difficult to read his answers without much loss of time., the
Supreme Court may allow such examinee to use a typewriter in answering the
questions. Only noiseless typewriters shall be allowed to be used.
The committee of bar examiner shall take such precautions as are necessary to
prevent the substitution of papers or commission of other frauds. Examinees shall
not place their names on the examination papers. No oral examination shall be
given.
Section 11. Annual examination. — Examinations for admission to the bar of the
Philippines shall take place annually in the City of Manila. They shall be held in four
days to be disignated by the chairman of the committee on bar examiners. The
subjects shall be distributed as follows: First day: Political and International Law
(morning) and Labor and Social Legislation (afternoon); Second day: Civil Law
(morning) and Taxation (afternoon); Third day: Mercantile Law (morning) and
Criminal Law (afternoon); Fourth day: Remedial Law (morning) and legal Ethics and
Practical Exercises (afternoon).
Section 12. Committee of examiners. — Examinations shall be conducted by a
committee of bar examiners to be appointed by the Supreme Court. This committee
shall be composed of a Justice of the Supreme Court, who shall act as chairman,
and who shall be designated by the court to serve for one year, and eight members
of the bar of the Philippines, who shall hold office for a period of one year. The
names of the members of this committee shall be published in each volume of the
official reports.
Section 13. Disciplinary measures. — No candidate shall endeavor to influence any
member of the committee, and during examination the candidates shall not
communicate with each other nor shall they give or receive any assistance. The
candidate who violates this provisions, or any other provision of this rule, shall be
barred from the examination, and the same to count as a failure against him, and
further disciplinary action, including permanent disqualification, may be taken in the
discretion of the court.
Section 14. Passing average. — In order that a candidate may be deemed to have
passed his examinations successfully, he must have obtained a general average of
75 per cent in all subjects, without falling below 50 per cent in any subjects. In
determining the average, the subjects in the examination shall be given the
following relative weights: Civil Law, 15 per cent; Labor and Social Legislation, 10
per cent; Mercantile Law, 15 per cent; Criminal Law; 10 per cent: Political and
International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent;
Legal Ethics and Practical Exercises, 5 per cent.
Section 15. Report of the committee; filing of examination papers. — Not later
than February 15th after the examination, or as soon thereafter as may be
practicable, the committee shall file its report on the result of such examination. The
examination papers and notes of the committee shall be filed with the clerk and
may there be examined by the parties in interest, after the court has approved the
report.
Section 16. Failing candidates to take review course. — Candidates who have failed
the bar examinations for three times shall be disqualified from taking another
examination unless they show the satisfaction of the court that they have enrolled
in and passed regular fourth year review classes as well as attended a pre-bar
review course in a recognized law school.
The professors of the individual review subjects attended by the candidates under
this rule shall certify under oath that the candidates have regularly attended classes
and passed the subjects under the same conditions as ordinary students and the
ratings obtained by them in the particular subject.
Section 17. Admission and oath of successful applicants. — An applicant who has
passed the required examination, or has been otherwise found to be entitled to
admission to the bar, shall take and subscribe before the Supreme Court the
corresponding oath of office.
Section 18. Certificate. — The supreme Court shall thereupon admit the applicant
as a member of the bar for all the courts of the Philippines, and shall direct an order
to be entered to that effect upon its records, and that a certificate of such record be
given to him by the clerk of court, which certificate shall be his authority to practice.
Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a roll of all
attorneys admitted to practice, which roll shall be signed by the person admitted
when he receives his certificate.
Section 20. Duties of attorneys. — It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support
the Constitution and obey the laws of the Philippines.
(b) To observe and maintain the respect due to the courts of justice and
judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to
him to be just, and such defenses only as he believes to be honestly
debatable under the law.
(d) To employ, for the purpose of maintaining the causes confided to him,
such means only as are consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice or false statement of
fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to
preserve the secrets of his client, and to accept no compensation in
connection with his client's business except from him or with his knowledge
and approval;
(f) To abstain from all offensive personality and to advance no fact
prejudicial to the honor or reputation of a party or witness, unless required
by the justice of the cause with which he is charged;
(g) Not to encourage either the commencement or the continuance of an
action or proceeding, or delay any man's cause, from any corrupt motive or
interest;
(h) Never to reject, for any consideration personal to himself, the cause of
the defenseless or oppressed;
 (i) In the defense of a person accused of crime, by all fair and honorable A client may at any time dismiss his attorney or substitute another in his place, but
means, regardless of his personal opinion as to the guilt of the accused, to if the contract between client and attorney has been reduced to writing and the
present every defense that the law permits, to the end that no person may dismissal of the attorney was without justifiable cause, he shall be entitled to
be deprived of life or liberty, but by due process of law. 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
Section 21. Authority of attorney to appear. — an attorney is presumed to be
judgments for the payment of money, and executions issued in pursuance of such
properly authorized to represent any cause in which he appears, and no written
judgment, rendered in the case wherein his services had been retained by the
power of attorney is required to authorize him to appear in court for his client, but
client.
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, Section 27. Attorneys removed or suspended by Supreme Court on what grounds.
whenever pertinent to any issue, the name of the person who employed him, and — A member of the bar may be removed or suspended from his office as attorney
may thereupon make such order as justice requires. An attorneys wilfully appear in by the Supreme Court for any deceit, malpractice, or other gross misconduct in such
court for a person without being employed, unless by leave of the court, may be office, grossly immoral conduct, or by reason of his conviction of a crime involving
punished for contempt as an officer of the court who has misbehaved in his official moral turpitude, or for any violation of the oath which he is required to take before
transactions. 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
Section 22. Attorney who appears in lower court presumed to represent client on
purpose of gain, either personally or through paid agents or brokers, constitutes
appeal. — An attorney who appears de parte in a case before a lower court shall be
malpractice.
presumed to continue representing his client on appeal, unless he files a formal
petition withdrawing his appearance in the appellate court.
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
Section 23. Authority of attorneys to bind clients. — Attorneys have authority to
attorney from practice for any of the causes named in the last preceding section,
bind their clients in any case by any agreement in relation thereto made in writing,
and after such suspension such attorney shall not practice his profession until
and in taking appeals, and in all matters of ordinary judicial procedure. But they
further action of the Supreme Court in the premises.
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 29. Upon suspension by the Court of Appeals or Court of First Instance,
further proceedings in Supreme Court. — Upon such suspension, the Court of
Section 24. Compensation of attorneys; agreement as to fees. — An attorney shall
Appeals or the Court of First Instance shall forthwith transmit to the Supreme Court
be entitled to have and recover from his client no more than a reasonable
a certified copy of the order of suspension and a full statement of the facts upon
compensation for his services, with a view to the importance of the subject matter
which the same was based. Upon the receipt of such certified copy and statement,
of the controversy, the extent of the services rendered, and the professional
the Supreme Court shall make a full investigation of the facts involved and make
standing of the attorney. No court shall be bound by the opinion of attorneys as
such order revoking or extending the suspension, or removing the attorney from his
expert witnesses as to the proper compensation, but may disregard such testimony
office as such, as the facts warrant.
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 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
Section 25. Unlawful retention of client's funds; contempt. — When an attorney
produce witnesses in his own behalf, and to be heard by himself or counsel. But if
unjustly retains in his hands money of his client after it has been demanded, he
upon reasonable notice he fails to appear and answer the accusation, the court may
may be punished for contempt as an officer of the Court who has misbehaved in his
proceed to determine the matter ex parte.
official transactions; but proceedings under this section shall not be a bar to a
criminal prosecution.
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
Section 26. Change of attorneys. — An attorney may retire at any time from any
appears that the party is destitute and unable to employ an attorney, and that the
action or special proceeding, by the written consent of his client filed in court. He
services of counsel are necessary to secure the ends of justice and to protect the
may also retire at any time from an action or special proceeding, without the
rights of the party. It shall be the duty of the attorney so assigned to render the
consent of his client, should the court, on notice to the client and attorney, and on
required service, unless he is excused therefrom by the court for sufficient cause
hearing, determine that he ought to be allowed to retire. In case of substitution, the
shown.
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.
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.
RULE 138-A
Law Student Practice Rule
Section 1. Conditions for student practice. — A law student who has successfully
completed his 3rd year of the regular four-year prescribed law curriculum and is
enrolled in a recognized law school's clinical legal education program approved by
the Supreme Court, may appear without compensation in any civil, criminal or
administrative case before any trial court, tribunal, board or officer, to represent
indigent clients accepted by the legal clinic of the law school.
Section 2. Appearance. — The appearance of the law student authorized by this
rule, shall be under the direct supervision and control of a member of the Integrated
Bar of the Philippines duly accredited by the law school. Any and all pleadings,
motions, briefs, memoranda or other papers to be filed, must be signed by the
supervising attorney for and in behalf of the legal clinic.
Section 3. Privileged communications. — The Rules safeguarding privileged
communications between attorney and client shall apply to similar communications
made to or received by the law student, acting for the legal clinic.
Section 4. Standards of conduct and supervision. — The law student shall comply
with the standards of professional conduct governing members of the Bar. Failure of
an attorney to provide adequate supervision of student practice may be a ground for
disciplinary action. (Circular No. 19, dated December 19, 1986).
LAYWER’S OATH

I, do solemnly swear that I will maintain allegiance to the Republic of the

Section 37. Attorneys' liens. — An attorney shall have a lien upon the funds,
Philippines, I will support the Constitution and obey the laws as well as the legal
documents and papers of his client which have lawfully come into his possession
orders of the duly constituted authorities therein; I will do no falsehood, nor consent
and may retain the same until his lawful fees and disbursements have been paid,
to the doing of any in court; I will not wittingly or willingly promote or sue any
and may apply such funds to the satisfaction thereof. He shall also have a lien to the
groundless, false or unlawful suit, or give aid nor consent to the same; I will delay
same extent upon all judgments for the payment of money, and executions issued
no man for money or malice, and will conduct myself as a lawyer according to the
in pursuance of such judgments, which he has secured in a litigation of his client,
best of my knowledge and discretion, with all good fidelity as well to the courts as to
from and after the time when he shall have the caused a statement of his claim of
my clients; and I impose upon myself these voluntary obligations without any
such lien to be entered upon the records of the court rendering such judgment, or
mental reservation or purpose of evasion. So help me God.
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.