RULE 138 university or school of law, shall be filed as evidence of

such facts, and further evidence may be required by the

Attorneys and Admission to Bar Section 1. court. No applicant shall be admitted to the bar
Who may practice law? examinations unless he has satisfactorily completed the
following courses in a law school or university duly
. — Any person heretofore duly admitted as member of recognized by the government: civil law, commercial law,
the bar, or hereafter admitted as such in accordance with remedial law, criminal law, public and private
the provisions of this rule, and who is in good and international law, political law, labour and social
regular standing, is entitled to practice law. legislation, medical jurisprudence, taxation and legal
ethics.
Section 2.
Section 6.
Requirements for all applicants for admission to the bar
Pre-Law
. — Every applicant for admission as a member of the
bar must be a citizen of the Philippines, at least twenty- . — No applicant for admission to the bar examination
one years of age, of good moral character, and resident shall be admitted unless he presents a certificate that he
of the Philippines; and must produce before the has satisfied the Secretary of Education that, before he
Supreme Court satisfactory evidence of good moral began the study of law, he had pursued and satisfactorily
character, and that no charges against him, involving completed in an authorized and recognized university or
moral turpitude, have been filed or are pending in any college, requiring for admission thereto the completion of
court in the Philippines. a four-year high school course, the course of study
prescribed therein for a bachelor's degree in arts or
Section 3.
sciences with any of the following subjects as major or
Requirements for lawyers who are citizens of the United field of concentration: political science, logic, English,
States of America Spanish, history and economics.

. — Citizens of the United States of America who, before Section 7.

July 4, 1946, were duly licensed members of the
Time for filing proof of qualifications
Philippine Bar, in active practice in the courts of the
Philippines and in good and regular standing as such . — All applicants for admission shall file with the clerk of
may, upon satisfactory proof of those facts before the the Supreme Court the evidence required by section 2 of
Supreme Court, be allowed to continue such practice this rule at least fifteen (15) days before the beginning of
after taking the following oath of office: the examination. If not embraced within section 3 and 4
of this rule they shall also file within the same period the
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been
affidavit and certificate required by section 5, and if
permitted to continue in the practice of law in the
embraced within sections 3 and 4 they shall exhibit a
Philippines, do solemnly swear that I recognize the
license evidencing the fact of their admission to practice,
supreme authority of the Republic of the Philippines; I
satisfactory evidence that the same has not been
will support its Constitution and obey the laws as well as
revoked, and certificates as to their professional
the legal orders of the duly constituted authorities
standing. Applicants shall also file at the sometime their
therein; I will do no falsehood, nor consent to the doing
own affidavits as to their age, residence, and citizenship.
of any in court; I will not wittingly or willingly promote or
sue any groundless, false or unlawful suit, nor give aid Section 8.
nor consent to the same; I will delay no man for money
or malice, and will conduct myself as a lawyer according Notice of Applications
to the best of my knowledge and discretion with all good . — Notice of applications for admission shall be
fidelity as well as to the courts as to my clients; and I published by the clerk of the Supreme Court in
impose upon myself this voluntary obligation without any newspapers published in Pilipino, English and Spanish,
mental reservation or purpose of evasion. So help me for at least ten (10) days before the beginning of the
God. examination.
Section 4 Section 9.
Requirements for applicants from other jurisdictions Examination; subjects
. — Applicants for admission who, being Filipino citizens, . — Applicants, not otherwise provided for inspections 3
are enrolled attorneys in good standing in the Supreme and 4 of this rule, shall be subjected to examinations in
Court of the United States or in any circuit court of the following subjects: Civil Law; Labour and Social
appeals or district court therein, or in the highest court of Legislation; Mercantile Law; Criminal Law; Political Law
any State or Territory of the United States, and who can (Constitutional Law, Public Corporations, and Public
show by satisfactory certificates that they have practiced Officers);International Law (Private and Public);
at least five years in any of said courts, that such Taxation; Remedial Law (Civil Procedure,
practice began before July 4, 1946, and that they have
never been suspended or disbarred, may, in the Criminal Procedure, and Evidence); Legal Ethics and
discretion of the Court, be admitted without examination. Practical Exercises (in Pleadings and Conveyancing).

Section 5. Section 10.

Additional requirements for other applicants Bar examination, by questions and answers, and in
writing
. — All applicants for admission other than those referred
to in the two preceding section shall, before being . — Person staking the examination shall not bring
admitted to the examination, satisfactorily show that they papers, books or notes into the examination rooms. The
have regularly studied law for four years, and questions shall be the same for all examinees and a
successfully completed all prescribed courses, in law copy thereof, in English or Spanish, shall be given to
school or university, officially approved and recognized each examinee. Examinees shall answer the questions
by the Secretary of Education. The affidavit of the personally without help from anyone. Upon verified
candidate, accompanied by a certificate from the application made by an examinee stating that his
penmanship is so poor that it will be difficult to read his examined by the parties in interest, after the court has
answers without much loss of time. The Supreme Court approved the report.
may allow such examinee to use a typewriter in
answering the questions. Only noiseless typewriters Section 16.
shall be allowed to be used. The committee of bar Failing candidates to take review course
examiner shall take such precautions as are necessary
to prevent the substitution of papers or commission of . — Candidates who have failed the bar examinations for
other frauds. Examinees shallot place their names on the three times shall be disqualified from taking another
examination papers. No oral examination shall be given. examination unless they show the satisfaction of the
court that they have enrolled in and passed regular
Section 11. fourth year review classes as well as attended a pre-bar
Annual examination review course in a recognized law school. The
professors of the individual review subjects attended by
. — Examinations for admission to the bar of the the candidates under this rule shall certify under oath
Philippines shall take place annually in the City of that the candidates have regularly attended classes and
Manila. They shall be held in four days to be designated passed the subjects under the same conditions as
by the chairman of the committee on bar examiners. The ordinary students and the ratings obtained by them in the
subjects shall be distributed as follows: First day: particular subject.
Political and International Law (morning) and Labour and
Social Legislation (afternoon); Second day: Civil Law Section 17.
(morning) and Taxation (afternoon); Third day:
Mercantile Law (morning) and Criminal Law (afternoon);
Fourth day: Remedial Law (morning) and legal Ethics Admission and oath of successful applicants
and Practical Exercises (afternoon).
. — An applicant who has passed the required
Section 12. examination, or has been otherwise found to be entitled
to admission to the bar, shall take and subscribe before
Committee of examiners the Supreme Court the corresponding oath of office.
. — Examinations shall be conducted by a committee of Section 18.
bar examiners to be appointed by the Supreme Court.
This committee shall be composed of a Justice of the Certificate
Supreme Court, who shall act as chairman, and who
. — The Supreme Court shall thereupon admit the
shall be designated by the court to serve for one year,
applicants a member of the bar for all the courts of the
and eight members of the bar of the Philippines, who
Philippines, and shall direct an order to be entered to
shall hold office for a period of one year. The names of
that effect upon its records, and that a certificate of such
the members of this committee shall be published in
record be given to him by the clerk of court, which
each volume of the official reports.
certificate shall be his authority to practice.
Section 13.
Section 19.
Disciplinary measures
Attorney's roll
. — No candidate shall endeavour to influence any N
. — The clerk of the Supreme Court shall kept a roll of all
member of the committee, and during examination the
attorneys admitted to practice, which roll shall be signed
candidates shall not communicate with each other nor
by the person admitted when he receives his certificate.
shall they give or receive any assistance. The candidate
who violates this provisions, or any other provision of this Section 20.
rule, shall be barred from the examination, and the same
to count as a failure against him, and further disciplinary Duties of attorneys
action, including permanent disqualification, may be
. — It is the duty of an attorney:
taken in the discretion of the court.
(a) To maintain allegiance to the Republic of the
Section 14.
Philippines and to support the Constitution and obey the
Passing average laws of the Philippines.

. — In order that a candidate may be deemed to have (b) To observe and maintain the respect due to the
passed his examinations successfully, he must have courts of justice and judicial officers
obtained a general average of 75 per cent in all subjects,
(c) To counsel or maintain such actions or proceedings
without falling below 50 per cent in any subjects. In
only as appear to him to be just, and such defences only
determining the average, the subjects in the examination
as he believes to be honestly debatable under the law.
shall be given the following relative weights: Civil Law,
15 per cent; Labour and Social Legislation, 10 per cent; (d) To employ, for the purpose of maintaining the causes
Mercantile Law, 15 per cent; Criminal Law; 10 per cent: confided to him, such means only as are consistent with
Political and International Law, 15 per cent; Taxation, 10 truth and honour, and never seek to mislead the judge or
per cent; Remedial Law, 20 per cent; Legal Ethics and any judicial officer by an artifice or false statement of fact
Practical Exercises, 5 per cent. or law;
Section 15. (e) To maintain inviolate the confidence, and at every
peril to himself, to preserve the secrets of his client, and
Report of the committee; filing of examination papers
to accept no compensation in connection with his client's
. — Not later than February 15th after the examination, business except from him or with his knowledge and
or as soon thereafter as may be practicable, the approval;
committee shall file its report on the result of such
(f) To abstain from all offensive personality and to
examination. The examination papers and notes of the
advance no fact prejudicial to the honour or reputation of
committee shall be filed with the clerk and may there be
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 . — When an attorney unjustly retains in his hands
action or proceeding, or delay any man's cause, from money of his client after it has been demanded, he may
any corrupt motive or interest;(h) Never to reject, for any be punished for contempt as an officer of the Court who
consideration personal to himself, the cause of the has misbehaved in his official transactions; but
defenceless or oppressed; proceedings under this section shall not be a bar to
criminal prosecution.
(i) In the defines of a person accused of crime, by all fair
and honourable means, regardless of his personal Section 26.
opinion as to the guilt of the accused, to present every
defence that the law permits, to the end that no person Change of attorneys
may be deprived of life or liberty, but by due process of . — An attorney may retire at any time from any action or
law. special proceeding, by the written consent of his client
Section 21. filed in court. He may also retire at any time from an
action or special proceeding, without the consent of his
Authority of attorney to appear client, should the court, on notice to the client and
attorney, and on hearing, determine that he ought to be
. — an attorney is presumed to be properly authorized to allowed to retire. In case of substitution, the name of the
represent any cause in which he appears, and no written attorney newly employed shall be entered on the docket
power of attorney is required to authorize him to appear of the court in place of the former one, and written notice
in court for his client, butte presiding judge may, on of the change shall be given to the advance party. A
motion of either party and on reasonable grounds client may at any time dismiss his attorney or substitute
therefor being shown, require any attorney who assumes another in his place, but if the contract between client
the right to appear in case to produce or prove the and attorney has been reduced to writing and the
authority under which he appears, and to disclose, dismissal of the attorney was without justifiable cause,
whenever pertinent to any issue, the name of the person he shall be entitled to recover from the client the full
who employed him, and may thereupon make such order compensation stipulated in the contract. However, the
as justice requires. An attorneys wilfully appear in court attorney may, in the discretion of the court, intervene in
for a person without being employed, unless by leave of the case to protect his rights. For the payment of his
the court, may be punished for contempt as an officer of compensation the attorney shall have a lien upon all
the court who has misbehaved in his official transactions. judgments for the payment of money, and executions
Section 22. issued in pursuance of such judgment, rendered in the
case wherein his services had been retained by the
Attorney who appears in lower court presumed to client.
represent client on appeal
Section 27.
. — An attorney who appears
Attorneys removed or suspended by Supreme Court on
De parte what grounds
In a case before a lower court shall be presumed to . — A member of the bar may be removed or suspended
continue representing his client on appeal, unless he from his office as attorney by the Supreme Court for any
files a formal petition withdrawing his appearance in the deceit, malpractice, or other gross misconduct in such
appellate court. office, grossly immoral conduct, or by reason of his
conviction of a crime involving moral turpitude, or for any
Section 23.
violation of the oath which he is required to take before
Authority of attorneys to bind clients the admission to practice, or for a wilful disobedience of
any lawful order of a superior court, or for corruptly or
. — Attorneys have authority to bind their clients in any wilful appearing as an attorney for apart to a case
case by any agreement in relation thereto made in without authority so to do. The practice of soliciting
writing, and in taking appeals, and in all matters of cases at law forth purpose of gain, either personally or
ordinary judicial procedure. But they cannot, without through paid agents or brokers, constitutes malpractice.
special authority, compromise their client's litigation, or
receive anything in discharge of a client's claim but the Section 28.
full amount in cash.
Suspension of attorney by the Court of Appeals or a
Section 24. Court of First Instance

. — The Court of Appeals or a Court of First Instance

may suspend an attorney from practice for any of the
Compensation of attorneys; agreement as to fees causes named in the last preceding section, and after
such suspension such attorney shall not practice his
. — An attorney shall be entitled to have and recover
profession until further action of the Supreme Court in
from his client no more than a reasonable compensation
the premises.
for his services, with a view to the importance of the
subject matter of the controversy, the extent of the Section 29.
services rendered, and the professional standing of the
attorney. No court shall be bound by the opinion of Upon suspension by the Court of Appeals or Court of
attorney’s as expert witnesses as to the proper First Instance, further proceedings in Supreme Court
compensation, but may disregard such testimony and
. — Upon such suspension, the Court of Appeals or the
base its conclusion on its own professional knowledge. A
Court of First Instance shall forthwith transmit to the
written contract for services shall control the amount to
Supreme Court a certified copy of the order of
be paid therefor unless found by the court to be
suspension and a full statement of the facts upon which
unconscionable or unreasonable.
the same was based. Upon the receipt of such certified
Section 25. copy and statement, the Supreme Court shall make a full
investigation of the facts involved and make such order
Unlawful retention of client's funds; contempt revoking or extending the suspension, or removing the
attorney from his office as such, as the facts warrant.
Section 30. . — Experienced and impartial attorneys may be
invitedby the Court to appear as amici curiae to help in
Attorney to be heard before removal or suspension the disposition of issues submitted to it.
. — No attorney shall be removed or suspended from the Section 37.
practice of his profession, until he has had full
opportunity upon reasonable notice to answer the Attorneys' liens
charges against him, to produce witnesses in his own
behalf, and to be heard by himself or counsel. But if . — An attorney shall have a lien upon the funds,
upon reasonable notice he fails to appear and answer documents and papers of his client which have lawfully
the accusation, the court may proceed to determine the come into his possession and may retain the same until
matter ex parte his lawful fees and disbursements have been paid, and
may apply such funds to the satisfaction thereof. He
Section 31. shall also have a lien tithe same extent upon all
judgments for the payment of money, and executions
Attorneys for destitute litigants issued in pursuance of such judgments, which he has
. — A court may assign an attorney to render secured in a litigation of his client, from and after the
professional aid free of charge to any party in a case, if time when he shall have the caused a statement of his
upon investigation it appears that the party is destitute claim of such lien to be entered upon the records of the
and unable to employ an attorney, and that the services court rendering such judgment, or issuing such
of counsel are necessary to secure the ends of justice execution, and shall have the caused written notice
and to protect the rights of the party. It shall be the duty thereof to be delivered to his client and to the adverse
of the attorney so assigned to render the required party; and he shall have the same right and power over
service, unless he is excused therefrom by the court for such judgments and executions as his client would have
sufficient cause shown. to enforce his lien and secure the payment of his just
fees and disbursements.
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 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, apart 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