LEGAL ETHICS – is a branch of moral science, which treats of the duties which Counsel de Oficio –  a counsel, appointed

ppointed or assigned by the court, from among

an attorney owes to the court, to the client, to his colleagues in the profession members of the Bar in good standing who, by reason of their experience and
and to the public as embodied in the Constitution, Rules of Court, the Code of ability, may adequately defend the accused.
Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral Note: In localities where members of the Bar are not available, the court may
laws and special laws. appoint any person, resident of the province and good repute for probity and
Original Bases of Legal Ethics: ability, to defend the accused. Sec. 7, Rule 116, Rules of Court.
1. Canons of Professional Ethics Attorney ad hoc – a person named and appointed by the court to defend an
2. Supreme court Decisions absentee defendant in the suit in which the appointment is made (Bienvenu v.
3. Statistics Factor’s of Traders Insurance Cp., 33 La.Ann.209)
4. Constitution Attorney of Record – one who has filed a notice of appearance and who hence
5. Treatises and publications
is formally mentioned in court records as the official attorney of the party. Person
Present Basis of the Philippine Legal System: Code of Professional
whom the client has named as his agent upon whom service of papers may be
Responsibility.
made.
BAR  V.  BENCH
(Reynolds v. Reynolds, Cal.2d580).
BAR – Refers to the whole body of attorneys and body of judges.
Of Counsel – to distinguish them from attorneys of record, associate attorneys
BENCH – denotes the whole body of counselors, collectively the members of
are referred to as “of counsel” (5 Am. Jur. 261).
Lead Counsel – The counsel on their side of a litigated action who is charged
the legal profession.
with the principal management and direction of a party’s case.
Practice of Law – any activity, in or out of court which requires the application House Counsel – Lawyer who acts as attorney for business though carried as an
of law, legal procedure, knowledge, training and experience. To engage in the employee of that business and not as an independent lawyer.
practice of law is to give notice or render any kind of service, which or devise or Bar Association – an association of members of the legal profession.
service requires the use in any degree of legal knowledge or skill (Cayetano v. Advocate – The general and popular name for a lawyer who pleads on behalf of
Monsod, 201 SCRA 210). someone else.
Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that Barrister  (England) – a person entitled to practice law as an advocate or counsel
class of persons who are licensed officers of the courts, empowered to appear in superior court.
prosecute and defend and upon whom peculiar duties, responsibilities, and Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical
liabilities are developed by law as a consequence (Cui v. Cui, 120 Phil. 729). courts whose duties and business correspond to those of an attorney at law or
Attorney in fact – an agent whose authority is strictly limited by the instrument solicitor in Chancery.
appointing him, though he may do things not mentioned in his appointment Titulo de Abogado –  it means not mere possession of the academic degree of
necessary to the performance of the duties specifically required of him by the Bachelor of Laws but membership in the Bar after due admission thereto,
power of attorney appointing him, such authority being necessarily implied.  He is qualifying one for the practice of law.
not necessarily a lawyer. Admission to the Practice of Law
The Supreme Court has the power to control and regulate the practice of law.
Thus, the Constitution, under  Article  VIII, Sec. 5 (5) provides:
                        Sec. 5. The Supreme Court shall have the following powers: 1. a bachelor’s degree in arts and sciences (pre-law course)
(5) Promulgate rules concerning the protection and enforcement of constitutional 2. a completed course in:
rights, pleading, practice and procedure in all courts, the admission to the 1. civil law
practice of law, the Integrated Bar, and legal assistance to the under privileged. 2. commercial law
3. remedial law
The Supreme Court acts through a Bar Examination Committee in the Exercise
4. public international law
of his judicial function to admit candidates to the legal profession.
5. private international law
The Bar Examination Committee:
6. political law
 Composed of (1) member of the Supreme Court who acts as Chairman and
7. labor and social legislation
eight (8) members of the bar.
8. medial jurisprudence
 The 8 members act as examiners for the 8 bar subjects with one subject
9. taxation
assigned to each.
10. legal ethics
 The Bar Confidant acts as a sort of liason officer between the court and the
Non-lawyers who may be authorized to appear in court:
Bar Chairman on the other hand, and the individual members of the
1. Cases before the MTC:  Party to the litigation,  in person OR through an
committee on the other.  He is at the same time a deputy clerk of court.
agent or friend or appointed by him for that purpose (Sec. 34, Rule 138,
 Admission of examinees is always subject to the final approval of the
RRC)
court.
2. Before any other court: Party to the litigation, in person (Ibid.)
Practice of Law
3. Criminal case before the MTC in a locality where a duly licensed member
The practice of law is a privilege granted only to those who possess the STRICT
of the Bar is not available: the judge may appoint a non-lawyer who is:
INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are 1. resident of the province
instruments in the effective and efficient administration of justice. (In Re: 2. of good repute for probity and ability to aid the accused in his
Argosino, 1997). defense (Rule 116, Sec. 7, RRC).
Requirements  for admission to the Bar: 4. Legal Aid Program – A senior law student, who is enrolled in a recognized
1. citizen of the Philippines law school’s clinical education program approved by the supreme Court
2. at least 21 years old may appear before any court without compensation, to represent indigent
3. of good moral character clients, accepted by the Legal Clinic of the law school.  The student shall be
4. Philippine resident under the direct supervision and control of an IBP member duly accredited
5. Production before the supreme court satisfactory evidence of: by the law school.
1. good moral character 5. Under the Labor code, non-lawyers may appear before the NLRC or any
2. no charges against him, involving moral turpitude, have been filed Labor Arbiter, if
or are pending in any court in the Philippines. 1. they represent themselves, or if
Requirement of Good Moral Character: a continuing requirement; good moral 2. they  represent their organization or members thereof (Art 222, PO
character is not only a condition precedent for admission to the legal profession, 442, as amended).
but it must also remain intact in order to maintain one’s good standing in that 6. Under the Cadastral Act, a non-lawyer can represent a claimant before the
exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998) Cadastral Court (Act no. 2259, Sec. 9).
Academic Requirements for Candidates:
Public Officials who cannot engage in the private practice of Law in the party or in a criminal case wherein an officer or employee of the
Philippines: Government is accused of an offense in relation to his office.
1. Judges and other officials as employees of the Supreme Court (Rule 148, Attorney’s Oath:
Sec. 35, RRC).                  “I, __________________, do solemnly swear that I will maintain allegiance
2. Officials and employees of the OSG (Ibid.) to the Republic of the Philippines; I will support its constitution and obey the laws
3. Government prosecutors (People v. Villanueva, 14 SCRA 109). as well as the legal orders of the duly constituted authorities therein; I will do no
4. President, Vice-President, members of the cabinet, their deputies and falsehood, nor consent to the doing of any in court; I will not willingly nor wittingly
assistants (Art. VIII Sec. 15, 1987 Constitution). promote or sue any groundless, false or unlawful suit, or give aid nor consent to
5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987
the same; I will delay no man for money or malice, and will conduct myself as a
Constitution)
lawyer according to the best of my knowledge and discretion, with all good
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
fidelity as well to the court as to my clients; and I impose upon myself this
7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
voluntary obligations without any mental reservation or purpose of evasion. So
8. Those prohibited by special law
help me God.” (Form 28, RRC)
Public Officials with Restrictions in the Practice of Law:
1. 1.         No Senator as member of the House of Representative may Nature of Lawyer’s Oath
personally appear as counsel before any court of justice as before the  The lawyer’s oath is not mere facile words, drift and hollow, but a sacred
Electoral Tribunals, as quasi-judicial and other administration bodies (Art. trust that must be upheld and kept inviolable. (Sebastian vs. Calis, 1999)
VI, Sec. 14, 1987 Constitution).  It is NOT a mere ceremony or formality for practicing law. Every lawyer
2. Under the Local Government Code (RA 7160, Sec. 91)Sanggunian should at all times weigh his actions according to the sworn promises he
members may practice their professions provided that if they are members made when taking the lawyer’s oath. (In Re: Argosino, 1997, In Re: Arthur
of the Bar, they shall not: M. Cuevas, 1998).
1. appear as counsel before any court in any civil case wherein a local Code of Professional Responsibility
government unit or any office, agency, or instrumentality of the Chapter 1:
government is the adverse party; Lawyer and Society
2. appear as counsel in any criminal case wherein an officer or CANON 1 – A lawyer shall uphold the constitution, obey the laws of the land and
employee of the national or local government is accused of an offense promote respect for law and for legal processes
committed in relation to his office;  Duties of Attorneys:
3. collect any fee for their appearance in administrative proceedings 1. to maintain allegiance to the Republic of the Philippines and to support the
involving the local government unit of which he is an official; Constitution and obey the laws of the Philippines;
4. use property and personnel of the government except when the 2. to observe and maintain the respect due to the courts of justice and
Sanggunian member concerned is defending the interest of the judicial officers;
government. 3. to counsel or maintain such actions or proceedings only as appear to him
3. Under RA 910, Sec. 1, as amended, a retired justice or judge receiving as just, and such defenses only as he believes to be honestly debatable
pension from the government, cannot act as counsel in any civil case in under the laws;
which the Government, or any of its subdivision or agencies is the adverse 4. 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  Immoral Conduct: that conduct which is willful, flagrant, or shameless
fact or law; and which shows a moral indifference to the opinion of the good and
5. to maintain inviolate the confidence, and at every peril to himself, to respectable members of the community (Arciga vs. Maniwag, 106 SCRA
preserve the secrets of his client, and to accept no compensation in 591).
connection with his client’s business except from him or with his knowledge  Grossly Immoral Conduct: One that is so corrupt and false as to
and approval; constitute a criminal act or so unprincipled or disgraceful as to be
6. to abstain from all offensive personality and to advance no fact prejudicial reprehensible to a high degree; it is a WILLFUL, FLAGRANT or SHAMELESS
to the honor or reputation of a party or witness, unless required by the ACT which shows a MORAL INDIFFERENCE to the opinion of respectable
justice of the cause with which he is charged; members of the community. (Narag vs. Narag, 1998)
7. not to encourage either the commencement or the continuance of an Rule 1.02 – A lawyer shall not counsel or abet activities aimed at defiance of the
action or proceeding, or delay any man’s cause for any corrupt motive or law or at lessening confidence in the legal system.
interest; Rule 1.03 – A lawyer shall not, for any corrupt motive or interest,
8. never to reject, for any consideration personal to himself, the cause of the encourage any suit or proceeding or delay any man’s cause.
defenseless or oppressed;
Rule 1.04 – A lawyer shall encourage his clients to avoid, end or settle
9. in the defense of a person accused of a crime, by all fair and honorable
the controversy if it will admit of a fair settlement.
means, regardless of his personal opinion as to the guilt of the accused, to
 If a lawyer finds that his client’s cause is defenseless, it is his burden/duty
present every defense that the law permits, to the end that no person may
to advise the latter to acquiesce and submit, rather than traverse the
be deprived of life or liberty, but by due process of law.
incontrovertible.
Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral or
 It is unprofessional for a lawyer to volunteer advice to bring a lawsuit,
deceitful conduct. except in rare cases where the blood, relationship or trust makes it his duty
 Conviction for crimes involving moral turpitude – a number of lawyers have to do so.
been suspended or disbarred for conviction of crimes involving moral  Temper client’s propensity to litigate.
turpitude such as:  Should not be an instigator of controversy but a mediator for concord and
1. estafa conciliator for compromise.
2. bribery  The law violated need not be a penal law. “Moral Turpitude” – everything
3. murder which is done contrary to justice, honesty, modesty or good morals.
4. seduction  Give advice tending to impress upon the client and his undertaking exact
5. abduction compliance with the strictest principles of moral law.
6. smuggling  Until a statute shall have been construed and interpreted by competent
7. falsification of public documents adjudication, he is free and is entitled to advise as to its validity and as to
 Morality as understood in law – This is a human standard based on what he conscientiously believes to be its just meaning and extent.
natural moral law which is embodied in man’s conscience and which guides  A lawyer has the obligation not to encourage suits. This is so as to prevent
him to do good and avoid evil. barratry and ambulance chasing.
 Moral Turpitude: any thing that  is done contrary to justice, honesty,  Barratry – offense of frequently exciting and stirring up quarrels and suits,
modesty or good morals. either at law or otherwise; Lawyer’s act of fomenting suits among
individuals and offering his legal services to one of them.
  Ambulance Chasing – Act of chasing victims of accidents for the purpose of manner of their conduct, the magnitude of the interest involved, the importance
talking to the said victims (or relatives) and offering his legal services for of the lawyer’s position, and all other self-laudation.
the filing of a case against the person(s) who caused the accident(s).
CANON 2 – A lawyer shall make his legal services available in an efficient and  Exceptions/ Permissible advertisements: 
convenient manner compatible with the independence, integrity and 1. Reputable law lists, in a manner consistent with the standards of conduct
effectiveness of the profession. imposed by the canons, of brief biographical and informative data, are
Rule 2.01 – A lawyer shall not reject, except for valid reasons, the cause allowed.
of the defenseless or oppressed. 2. Ordinary simple professional Card. It may contain only a statement of his
Rule 2.02 – In such a case, even if a lawyer does not accept a case, he name, the name of the law firm which he is connected with, address,
telephone number and the special branch of law practiced.
shall not refuse to render legal advise to the person concerned if only to
3. A simple announcement of the opening of a law firm or of changes in the
the extent necessary to safeguard latter’s rights.
partnership, associates, firm name or office address, being for the
Rule 2.03 – a lawyer shall not do or permit to be done any act designed
convenience of the profession, is not objectionable.
primarily to solicit legal business.
4. Advertisements or simple announcement of the existence of a lawyer or
 Primary  characteristics which distinguish the legal profession from
his law firm posted anywhere it is proper such as his place of business or
business;
residence except courtrooms and government buildings.
1. duty of service, of which the emolument is a by product, and in which one
5. Advertisements or announcement in any legal publication, including
may attain the highest eminence without making such money;
books, journals, and legal magazines.
2. a relation as an ‘officer of court’ to the administration of justice involving
Rule 2.04 – A lawyer shall not charge rates lower than those customarily
thorough sincerity, integrity and reliability;
or prescribed, unless circumstances so warrant.
3. a relation to clients in the highest degree of fiduciary;
 A lawyer cannot delay the approval of a compromise agreement entered
4. a relation to colleagues at the bar characterized by candor, fairness and
into between parties, just because his attorney’s fees were not provided for
unwillingness to resort to current business methods of advertising and
in the agreement.
encroachment on their practice or dealing with their clients.
 Rule:  A lawyer cannot compromise the case without client’s consent
 Defenseless – not in the position to defend themselves due to poverty,
(special authority). Exception:  Lawyer has exclusive management of the
weakness, ignorance or other similar reasons.
procedural aspect of the litigation (e.g. Submission for decision on the
 Oppressed –  victims of acts of cruelty, unlawful exaction, domination or
evidence so far presented. But in case where lawyer is confronted with an
excessive use of authority.
emergency and prompt/urgent action is necessary to protect clients interest
Rule on Advertisements
and there’s no opportunity for consultation, the lawyer may compromise.
 General Rule: No advertisements allowed. The most worthy and effective
 Rule:  Refrain from charging rates lower than the customary rates.
advertisement possible is the establishment of a well-merited reputation for
Valid Justification:  relatives, co-lawyers, too poor
professional capacity and fidelity to trust.
CANON 3 – A lawyer in making known is legal services shall use only
Lawyers may not advertise their services or expertise nor should not resort to true, honest, fair dignified and objective information or statement of
indirect advertisements for professional employment, such as furnishing or facts.
inspiring newspaper comments, or procuring his photograph to be published in
connection with causes in which the lawyer has been engaged or concerning the
Rule 3.01 – A lawyer shall not use or permit the use of any false,  To improve the administration of justice
fraudulent, misleading, deceptive, undignified, self-auditory or unfair  To enable the Bar to discharge its responsibility more effectively.
statement or claim regarding his qualifications or legal services. The three-fold obligation of a lawyer
 Violation of Rule 3.01 is unethical, whether done by him personally or  First, he owes it to himself to continue improving his knowledge of the
through another with his permission. laws;
Rule 3.02 – In the choice of a firm name, no false, misleading, or  Second, he owes it to his profession to take an active interest in the
assumed name shall be used.  The continued use of the name of a maintenance of high standards of legal education;
 Third, he owes it to the lay public to make the law a part of their social
deceased partner is permissible provided that the firm indicates in all its
consciousness.
communication that said partner is deceased.
CANON 6 – These canons shall apply to lawyers in government service in
Rule 3.03 – Where a partner accepts public office, he shall withdraw from
the discharge of their official tasks.
the firm and his name shall be dropped from the firm name unless the
 Public Officials – include elective and appointive officials and employees,
law allows him to practice law concurrently.
permanent or temporary, whether in the career or non-career service,
Rule 3.04 – A lawyer shall not pay or give anything of value to
including military and police personnel, whether or not they receive
representatives of the mass media in anticipation of, or in return for, compensation, regardless of amount. (Sec. 3 (b), RA 6713).
publicity to attract legal business.  The law requires the observance of the following norms of conduct by
 It is unethical to use the name of a foreign firm. every public official in the discharge and execution of their official duties:
 Death of a partner does not extinguish attorney-client relationship with the 1. commitment to public interest
law firm. 2. professionalism
 Negligence of a member in the law firm is negligence of the firm. 3. justness and sincerity
CANON 4 – A lawyer shall participate in the improvement of the legal 4. political neutrality
system by initiating or supporting efforts in law reform and in the 5. responsiveness to the public
administration of justice. 6. nationalism and patriotism
 Examples: Presenting position papers or resolutions for the introduction of 7. commitment to democracy
pertinent bills in congress; Petitions with the Supreme Court for the 8. simple living (Sec. 4, RA 6713)
amendment of the Rules of Court. Rule 6.01 – The primary duty of a lawyer engaged in public prosecution
CANON 5 – A lawyer shall keep abreast of legal developments, is not to convict but to see that justice is done. The suppression of facts
participate in continuing legal education programs, support efforts to or the concealment of witnesses capable of establishing the innocence
achieve high standards in law schools as well as in the practical training of the accused is highly reprehensible and is cause of disciplinary
of students and assist in disseminating information regarding the law action.
and jurisprudence. Rule 6.02 – A lawyer in the government service shall not use his public
position to promote or advance his private interest, nor allow the latter
 
to interfere with his public duties.

Objectives of integration of  the Bar

 To elevate the standards of the legal profession
Rule 6.03 – A lawyer shall not, after leaving government service, accept  Lawyers in the government service are prohibited to engage in the private
engagements or employment in connection with any matter in which he practice of their profession unless authorized by the constitution or law,
had intervened while in said service. provided that such practice will not conflict or tend to conflict with their
 Various ways a government lawyer leaves government service: official functions.
1. retirement  Misconduct in office as a public official may be a ground for disciplinary
2. resignation action (if of such character as to affect his qualification as lawyer or to show
3. expiration of the term of office moral delinquency).
4. dismissal  Should recommend the acquittal of the accused whose conviction is on
5. abandonment appeal, IF he finds no legal basis to sustain the conviction.
 Q:  What are the pertinent statutory provisions regarding this  Includes restriction is representing conflicting interest (e.g. Accepting
Rule? engagements vs. former employer, PNB)
 The OSG is not authorized to represent a public official at any state of a
A:   Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713 criminal case.

Sec 3.   Corrupt practice of Public Officers.  In addition to acts or omission of

public officers already penalized by existing law, the following shall constitute
corrupt practice of any public officer and are hereby declared to be unlawful:

(d) accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency
thereof or within one year after termination.

Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts:

1. own, control, manage or accept employment as officer, employee,

consultant, counsel, broker, agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by their office unless expressly
allowed by law.

These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional concerned cannot practice his
profession in connection with any matter before the office he used to be with, in
which case the one year prohibition shall likewise apply.
RULE 138
 Attorneys and Admission to Bar 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
Section 1. Who may practice law. — Any person heretofore duly admitted as a member of law, commercial law, remedial law, criminal law, public and private international law, political
the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who law, labor and social legislation, medical jurisprudence, taxation and legal ethics.
is in good and regular standing, is entitled to practice law.
Section 6. Pre-Law. — No applicant for admission to the bar examination shall be admitted
Section 2. Requirements for all applicants for admission to the bar. — Every applicant for unless he presents a certificate that he has satisfied the Secretary of Education that, before
admission as a member of the bar must be a citizen of the Philippines, at least twenty-one he began the study of law, he had pursued and satisfactorily completed in an authorized and
years of age, of good moral character, and resident of the Philippines; and must produce recognized university or college, requiring for admission thereto the completion of a four-year
before the Supreme Court satisfactory evidence of good moral character, and that no charges high school course, the course of study prescribed therein for a bachelor's degree in arts or
against him, involving moral turpitude, have been filed or are pending in any court in the sciences with any of the following subjects as major or field of concentration: political science,
Philippines. logic, english, spanish, history and economics.

Section 3. Requirements for lawyers who are citizens of the United States of America. — Section 7. Time for filing proof of qualifications. — All applicants for admission shall file with
Citizens of the United States of America who, before July 4, 1946, were duly licensed the clerk of the Supreme Court the evidence required by section 2 of this rule at least fifteen
members of the Philippine Bar, in active practice in the courts of the Philippines and in good (15) days before the beginning of the examination. If not embraced within section 3 and 4 of
and regular standing as such may, upon satisfactory proof of those facts before the Supreme this rule they shall also file within the same period the affidavit and certificate required by
Court, be allowed to continue such practice after taking the following oath of office: 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
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice
their own affidavits as to their age, residence, and citizenship.
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 Section 8. Notice of Applications. — Notice of applications for admission shall be published
falsehood, nor consent to the doing of any in court; I will not wittingly or willingly by the clerk of the Supreme Court in newspapers published in Pilipino, English and Spanish,
promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the for at least ten (10) days before the beginning of the examination.
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 Section 9. Examination; subjects. — Applicants, not otherwise provided for in sections 3 and
to the courts as to my clients; and I impose upon myself this voluntary obligation 4 of this rule, shall be subjected to examinations in the following subjects: Civil Law; Labor
without any mental reservation or purpose of evasion. So help me God. and Social Legislation; Mercantile Law; Criminal Law; Political Law (Constitutional Law,
Public Corporations, and Public Officers); International Law (Private and Public); Taxation;
Section 4. Requirements for applicants from other jurisdictions. — Applicants for admission Remedial Law (Civil Procedure, Criminal Procedure, and Evidence); Legal Ethics and
who, being Filipino citizens, are enrolled attorneys in good standing in the Supreme Court of Practical Exercises (in Pleadings and Conveyancing).
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 Section 10. Bar examination, by questions and answers, and in writing. — Persons taking
certificates that they have practiced at least five years in any of said courts, that such practice the examination shall not bring papers, books or notes into the examination rooms. The
began before July 4, 1946, and that they have never been suspended or disbarred, may, in questions shall be the same for all examinees and a copy thereof, in English or Spanish, shall
the discretion of the Court, be admitted without examination. be given to each examinee. Examinees shall answer the questions personally without help
from anyone.
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 Upon verified application made by an examinee stating that his penmanship is so poor that it
examination, satisfactorily show that they have regularly studied law for four years, and will be difficult to read his answers without much loss of time., the Supreme Court may allow
successfully completed all prescribed courses, in a law school or university, officially such examinee to use a typewriter in answering the questions. Only noiseless typewriters
approved and recognized by the Secretary of Education. The affidavit of the candidate, shall be allowed to be used.
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.
The committee of bar examiner shall take such precautions as are necessary to prevent the The professors of the individual review subjects attended by the candidates under this rule
substitution of papers or commission of other frauds. Examinees shall not place their names shall certify under oath that the candidates have regularly attended classes and passed the
on the examination papers. No oral examination shall be given. subjects under the same conditions as ordinary students and the ratings obtained by them in
the particular subject.
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 Section 17. Admission and oath of successful applicants. — An applicant who has passed
by the chairman of the committee on bar examiners. The subjects shall be distributed as the required examination, or has been otherwise found to be entitled to admission to the bar,
follows: First day: Political and International Law (morning) and Labor and Social Legislation shall take and subscribe before the Supreme Court the corresponding oath of office.
(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 Section 18. Certificate. — The supreme Court shall thereupon admit the applicant as a
Ethics and Practical Exercises (afternoon). 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
Section 12. Committee of examiners. — Examinations shall be conducted by a committee of clerk of court, which certificate shall be his authority to practice.
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 Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a roll of all attorneys
the court to serve for one year, and eight members of the bar of the Philippines, who shall admitted to practice, which roll shall be signed by the person admitted when he receives his
hold office for a period of one year. The names of the members of this committee shall be certificate.
published in each volume of the official reports.
Section 20. Duties of attorneys. — It is the duty of an attorney:
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 (a) To maintain allegiance to the Republic of the Philippines and to support the
other nor shall they give or receive any assistance. The candidate who violates this Constitution and obey the laws of the Philippines.
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. (b) To observe and maintain the respect due to the courts of justice and judicial
officers;
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 (c) To counsel or maintain such actions or proceedings only as appear to him to be
subjects, without falling below 50 per cent in any subjects. In determining the average, the just, and such defenses only as he believes to be honestly debatable under the law.
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 (d) To employ, for the purpose of maintaining the causes confided to him, such
per cent: Political and International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, means only as are consistent with truth and honor, and never seek to mislead the
20 per cent; Legal Ethics and Practical Exercises, 5 per cent. judge or any judicial officer by an artifice or false statement of fact or law;

Section 15. Report of the committee; filing of examination papers. — Not later than February (e) To maintain inviolate the confidence, and at every peril to himself, to preserve the
15th after the examination, or as soon thereafter as may be practicable, the committee shall secrets of his client, and to accept no compensation in connection with his client's
file its report on the result of such examination. The examination papers and notes of the business except from him or with his knowledge and approval;
committee shall be filed with the clerk and may there be examined by the parties in interest,
after the court has approved the report. (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
Section 16. Failing candidates to take review course. — Candidates who have failed the bar with which he is charged;
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 (g) Not to encourage either the commencement or the continuance of an action or
year review classes as well as attended a pre-bar review course in a recognized law school. 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 Section 26. Change of attorneys. — An attorney may retire at any time from any action or
defenseless or oppressed; 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,
(i) In the defense of a person accused of crime, by all fair and honorable means, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to
regardless of his personal opinion as to the guilt of the accused, to present every retire. In case of substitution, the name of the attorney newly employed shall be entered on
defense that the law permits, to the end that no person may be deprived of life or the docket of the court in place of the former one, and written notice of the change shall be
liberty, but by due process of law. given to the advance party.

Section 21. Authority of attorney to appear. — an attorney is presumed to be properly A client may at any time dismiss his attorney or substitute another in his place, but if the
authorized to represent any cause in which he appears, and no written power of attorney is contract between client and attorney has been reduced to writing and the dismissal of the
required to authorize him to appear in court for his client, but the presiding judge may, on attorney was without justifiable cause, he shall be entitled to recover from the client the full
motion of either party and on reasonable grounds therefor being shown, require any attorney compensation stipulated in the contract. However, the attorney may, in the discretion of the
who assumes the right to appear in a case to produce or prove the authority under which he court, intervene in the case to protect his rights. For the payment of his compensation the
appears, and to disclose, whenever pertinent to any issue, the name of the person who attorney shall have a lien upon all judgments for the payment of money, and executions
employed him, and may thereupon make such order as justice requires. An attorneys wilfully issued in pursuance of such judgment, rendered in the case wherein his services had been
appear in court for a person without being employed, unless by leave of the court, may be retained by the client.
punished for contempt as an officer of the court who has misbehaved in his official
transactions. 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
Section 22. Attorney who appears in lower court presumed to represent client on appeal. — Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral
An attorney who appears de parte in a case before a lower court shall be presumed to conduct, or by reason of his conviction of a crime involving moral turpitude, or for any
continue representing his client on appeal, unless he files a formal petition withdrawing his violation of the oath which he is required to take before the admission to practice, or for a
appearance in the appellate court. 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
Section 23. Authority of attorneys to bind clients. — Attorneys have authority to bind their
malpractice.
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 Section 28. Suspension of attorney by the Court of Appeals or a Court of First Instance. —
claim but the full amount in cash. 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
Section 24. Compensation of attorneys; agreement as to fees. — An attorney shall be
premises.
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 Section 29. Upon suspension by the Court of Appeals or Court of First Instance, further
by the opinion of attorneys as expert witnesses as to the proper compensation, but may proceedings in Supreme Court. — Upon such suspension, the Court of Appeals or the Court
disregard such testimony and base its conclusion on its own professional knowledge. A of First Instance shall forthwith transmit to the Supreme Court a certified copy of the order of
written contract for services shall control the amount to be paid therefor unless found by the suspension and a full statement of the facts upon which the same was based. Upon the
court to be unconscionable or unreasonable. 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 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 Section 30. Attorney to be heard before removal or suspension. — No attorney shall be
proceedings under this section shall not be a bar to a criminal prosecution. 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 delivered to his client and to the adverse paty; and he shall have the same right and power
and answer the accusation, the court may proceed to determine the matter ex parte. over such judgments and executions as his client would have to enforce his lien and secure
the payment of his just fees and disbursements.
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 Rule 139-B - Rules of Court
judgment, or issuing such execution, and shall have the caused written notice thereof to be
Disbarment and Discipline of Attorneys Sec. 3. Duties of the National Grievance Investigator. - The National Grievance Investigators
DISBARMENT & DISCIPLINE OF ATTORNEYS shall investigate all complaint against members of the Integrated Bar referred to them by the
IBP Board of Governors.
Rule 139-B
Sec. 4. Chapter assistance to complainant. - The proper IBP Chapter may assist the
   Section 1. How instituted. - Proceedings for disbarment, suspension or discipline of complainant(s) in the preparation and filing of his complaint(s). chanrobles virtua law library
attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the
Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly Sec. 5. Service or dismissal. - If the complaint appears to be meritorious, the Investigator
and concisely the facts complained of and shall be supported by affidavits of persons having shall direct that a copy thereof be served upon the respondent, requiring him to answer the
personal knowledge of the facts therein alleged and/or by such documents as may same within fifteen (15) days from the date of service. If the complaint does not merit action,
substantiate said facts. chanrobles virtua law library.    or if the answer shows to the satisfaction of the Investigator that the complaint is not
meritorious, the same may be dismissed by the Board of Governors upon his
recommendation. A copy of the resolution of dismissal shall be furnished the complainant and
The IBP Board of Governors may, motu proprio or upon referral by the Supreme Court or by
the Supreme Court which may review the case motu proprio or upon timely appeal of the
a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper
complainant filed within 15 days from notice of the dismissal of the complainant.
charges against erring attorneys including those in the government service; Provided,
however, that all charges against Justices of the Court of Tax Appeals and
No investigation shall be interrupted or terminated by reason of the desistance, settlement,
the Sandiganbayan, and Judges of the Court of Tax Appeals and lower courts, even if
compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute
lawyers are jointly charged with them, shall be filed with the Supreme Court; Provided,
the same.
further, that charges filed against Justices and Judges before the IBP, including those filed
prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme
Sec. 6. Verification and service of answer. - The answer shall be verified. The original and
Court for disposition and adjudication.
five (5) legible copies of the answer shall be filed with the Investigator, with proof of service of
a copy thereof on the complainant or his counsel.
 Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the
Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of
Sec. 7. Administrative counsel. - The IBP Board of Governors shall appoint a suitable
Governors for assignment to an investigator. (As amended by Bar Matter No. 1960).
member of the Integrated Bar as counsel to assist the complainant or the respondent during
the investigation in case of need for such assistance.
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES
Sec. 8. Investigation. - Upon joinder of issues or upon failure of the respondent to answer, the
Investigator shall, with deliberate speed, proceed with the investigation of the case. He shall
Sec. 2. National Grievance Investigator. - The Board of Governors shall appoint from among have the power to issue subpoenas and administer oaths. The respondent shall be given full
IBP members an Investigator or, when special circumstances so warrant, a panel of three(3) opportunity to defend himself, to present witnesses on his behalf and be heard by himself and
investigators to investigate the complaint All Investigators shall take an oath of office in the counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation
form prescribed by the Board of Governors. A copy of the Investigator's appointment and oath shall proceed ex parte.
shall be transmitted to the Supreme Court.
The Investigator shall terminate the investigation within three (3) months from the date of its
An Investigator may be disqualified by reason of relationship within the fourth degree of commencement unless extended for good cause by the Board of Governors upon prior
consanguinity or affinity to any of the parties or their counsel, pecuniary interest, personal application.
bias, or his having acted as counsel for either party, unless the parties sign and enter upon
the record their written consent to his acting as such Investigator. Where the Investigator Willfull failure or refusal to obey a subpoena or any other lawful order issued by the
does not disqualify himself, a party may appeal to the IBP Board of Governors, which by Investigator shall be dealt with as for indirect contempt of court.  The corresponding charge
majority vote of the members present, there being a quorum, may order his disqualification. shall be filed by the Investigator before the IBP Board of Governors which shall require the
alleged contemnor to show cause within ten (10) days from notice. The IBP Board of
Any Investigator may also be removed for cause, after due hearing, by the vote of at least six Governors may thereafter conduct hearings, if necessary, in accordance with the procedure
(6) members of the IBP Board Governors. The decision of the Board of Governors in all set forth in this Rule for hearings before the Investigator. Such hearing shall, as far as
cases of disqualification or removal shall be final. practicable, be terminated within fifteen (15) days from its commencement. Thereafter, the
IBP Board of Governors shall within like period fifteen (15) days issue a resolution setting
forth its findings and recommendations, which `shall forthwith be transmitted to the Supreme (c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is
Court for final action and if warranted, the imposition of penalty. less than suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a
decision exonerating respondent or imposing such sanction. The case shall be deemed
Sec. 9. Depositions. - Depositions may be taken in accordance with the Rules of Court with terminated unless upon petition of the complainant or other interested party filed with the
leave of the investigator(s). chanrobles virtua law library Supreme Court within fifteen (15) days from notice of the Board’s resolution, the Supreme
Court orders otherwise.
Within the Philippines, depositions may be taken before  any member of the Board of
Governors, the President of any Chapter, or any officer authorized by law to administer oaths. (d) Notice of the resolution or decision of the Board shall be given to all parties through their
counsel. A copy of the same shall be transmitted to the Supreme Court.
Depositions may be taken outside the Philippines before a diplomatic or consular
representative of the Philippine Government or before any person agreed upon by the parties B. PROCEEDINGS IN THE SUPREME COURT
or designated by the Board of Governors.
Sec. 13. Supreme Court Investigators. - In proceedings initiated motu proprio by the Supreme
Any suitable members of the Integrated Bar in the place where a deposition shall be taken Court in other proceedings when the interest of justice so requires, the Supreme Court may
may be designated by the Investigator to assist the complainant or the respondent in taking a refer the case for investigation to the Solicitor General or to any officer of the Supreme Court
deposition. or judge of a lower court, in which case, the investigation shall proceed in the same manner
provided in Sections 6 to 11 hereof, save that the review report of the investigation shall be
Sec. 10. Report of Investigator. - Not later than thirty (30) days from the termination of the conducted directly by the Supreme Court.chanrobles virtualawlibrary
investigation, the Investigator shall submit a report containing his findings of fact and
recommendations to the IBP Board of Governors, together with the stenographic notes and
the transcripts thereof and all the evidence presented during the investigation.  The Sec. 14. Report of the Solicitor General or other Court designated investigator. - Based upon
submission of the report need not await the transcription of the stenographic notes, it being the evidence adduced at the investigation, the Solicitor General or other Investigator
sufficient that the report reproduce substantially from the Investigator's personal notes any designated by the Supreme Court shall submit to the Supreme Court a resolution containing
relevant and pertinent testimonies. his findings of fact and recommendations together the record and all the evidence presented
in the investigation for the final action of the Supreme Court.
Sec. 11. Defects. - No defect in a complaint, notice, answer, or in the proceeding or the
Investigator's Report shall be considered as substantial unless the Board of Governors, upon C. COMMON PROVISIONS
considering the whole record, finds that such defect has resulted or may result in a
miscarriage of justice, in which event the Board shall take such remedial action as the
circumstance may warrant, including invalidation of the entire proceedings. chanrobles virtua Sec. 15. Suspension of attorneys by Supreme Court. - After receipt of respondent's answer
law library or lapse of the period therefor, the Supreme Court, motu proprio, or at the instance of the IBP
Board of Governors upon the recommendation of the Investigator, may suspend an attorney
Sec. 12. View and decision by the Board of Governors. - from the practice of his profession for any of the causes specified in Rule 138, Section 27,
during the pendency of the investigation until such suspension is lifted by the Supreme
(a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors Court. chanrobles virtua law library
upon the record and evidence transmitted to it by the Investigator with his report. The
decision of the Board upon such review shall be in writing and shall clearly and distinctly state Sec. 16. Suspension of attorney by the Court of Appeals or Regional Trial Court. - The Court
the facts and the reasons on which it is based. It shall be promulgated within a period not of Appeals or Regional Trial Court may suspend an attorney from practice for any of the
exceeding thirty (30) days from the next meeting of the Board following the submittal of the causes named in Rule 138, Section 27, until further action of the Supreme Court in the case.
Investigator's Report
Sec. 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in
(b) If the Board, by the vote of a majority of its total membership, determines that the Supreme Court. - Upon such suspension, the Court of Appeals or a Regional Trial Court shall
respondent should be suspended from the practice of law or disbarred, it shall issue a forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full
resolution setting forth its findings and recommendations which, together with the whole statement of the facts upon which the same was based. Upon receipt of such certified copy
record of the case, shall forthwith be transmitted to the Supreme Court for final action.
and statement, the Supreme Court shall make a full investigation of the case and may
revoke, shorten or extend the suspension, or disbar the attorney as the facts may warrant.

Sec. 18. Confidentiality. - Proceedings against attorneys shall be private and confidential.

However, the final order of the Supreme Court shall be published like its decisions in other
cases.

Sec. 19. Expenses. - All reasonable and necessary expenses incurred in relation to

disciplinary and disbarment proceedings are lawful charges forthwith the parties may be
taxed as costs. chanrobles virtua law library

Sec. 20. Effectivity and Transitory Provision. - This Rule shall take effect on June 1, 1988 and
shall supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF
ATTORNEYS".  All cases pending investigation by the Office of the Solicitor General shall be
transferred to the Integrated Bar of the Philippines Board of Governors for investigation and
disposition as provided in this Rule except those cases where the investigation has been
substantially completed. (Bar Matter No. 356, Resolution dated April 13, 1988).