ATTORNEYS & ADMISSION TO BAR the Republic of the Philippines; I will support its

Constitution and obey the laws as well as the legal orders

Rule 138
of the duly constituted authorities therein; I will do no
Section 1. Who may practice law. -  Any person heretofore falsehood, nor consent to the doing of any in court; I will
duly admitted as a member of the bar, or hereafter not wittingly or willingly promote or sue any groundless,
admitted as such in accordance with the provisions of this false or unlawful suit, nor give aid nor consent to the
rule, and who is in good and regular standing, is entitled same; I will delay no man for money or malice, and will
to practice law. conduct myself as a lawyer according to the best of my
knowledge and discretion with all good fidelity as well to
Sec. 2. Requirements for all applicants for admission to the
the courts as to my clients; and I impose upon myself this
bar. -  Every applicant for admission as a member of the
voluntary obligation without any mental reservation or
bar must be a citizen of the Philippines, at least twenty-
purpose of evasion. So help me God."
one years of age, of good moral character, and a resident
of the Philippines; and must produce before the Supreme Sec. 4. Requirements for applicants from other
Court satisfactory evidence of good moral character, and jurisdictions. -  Applicants for admission who, being
that no charges against him, involving moral turpitude, Filipino citizens, are enrolled attorneys in good standing
have been filed or are pending in any court in the in the Supreme Court of the United States or in any circuit
Philippines.  court of appeals or district court therein, or in the highest
court of any State or Territory of the United States, and
Sec. 3. Requirements for lawyers who are citizens of the
who can show by satisfactory certificates that they have
United States of America. -  Citizens of the United States of
practiced at least five years in any of said courts, that such
America who, before July 4, 1946, were duly licensed
practice began before July 4, 1946, and that they have
members of the Philippine Bar, in active practice in the
never been suspended or disbarred, may, in the discretion
courts of the Philippines and in good and regular standing
of the Court, be admitted without examination.
as such may, upon satisfactory proof of those facts before
the Supreme Court, be allowed to continue such practice Sec. 5. Additional requirements for other applicants. -  All
after taking the following oath of office: applicants for admission other than those referred to in the
two preceding sections shall, before being admitted to the
"I, _________________________, having been permitted to
examination, satisfactorily show that they have regularly
continue in the practice of law in the Philippines, do
studied law for four years, and successfully completed all
solemnly swear that I recognize the supreme authority of

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prescribed courses, in a law school or university, officially rule at least fifteen (15) days before the beginning of the
approved and recognized by the Secretary of Education. examination. If not embraced within sections 3 and 4 of
The affidavit of the candidate, accompanied by a this rule they shall also file within the same period the
certificate from the university or school of law, shall be affidavit and certificate required by section 5, and if
filed as evidence of such facts, and further evidence may embraced within sections 3 and 4 they shall exhibit a
be required by the court.  license evidencing the fact of their admission to practice,
satisfactory evidence that the same has not been revoked,
No applicant shall be admitted to the bar examinations and certificates as to their professional standing.
unless he has satisfactorily completed the following Applicants shall also file at the same time their own
courses in a law school or university duly recognized by affidavits as to their age, residence, and citizenship.
the government: civil law, commercial law, remedial law,
Sec. 8. Notice of applications. -  Notice of applications for
criminal law, public and private international law,
admission shall be published by the clerk of the Supreme
political law, labor and social legislation, medical
Court in newspapers published in Pilipino, English and
jurisprudence, taxation and legal ethics. 
Spanish, for at least ten (10) days before the beginning of
Sec. 6. Pre-Law. -  No applicant for admission to the bar the examination.
examination shall be admitted unless he presents a
Sec. 9. Examination; subjects. -  Applicants, not otherwise
certificate that he has satisfied the Secretary of Education
provided for in sections 3 and 4 of this rule, shall be
that, before he began the study of law, he had pursued
subjected to examinations in the following subjects: Civil
and satisfactorily completed in an authorized and
Law; Labor and Social Legislation; Mercantile Law;
recognized university or college, requiring for admission
Criminal Law; Political Law (Constitutional Law, Public
thereto the completion of a four-year high school course,
Corporations, and Public Officers); International Law
the course of study prescribed therein for a bachelor's
(Private and Public); Taxation; Remedial Law (Civil
degree in arts or sciences with any of the following
Procedure, Criminal Procedure, and Evidence); Legal
subjects as major or field of concentration: political science,
Ethics and Practical Exercises (in Pleading and
logic, english, spanish, history and economics.
Conveyancing).
Sec. 7. Time for filing proof of qualifications. - All
Sec. 10. Bar examination, by questions and answers, and in
applicants for admission shall file with the clerk of the
writing. -  Persons taking the examination shall not bring
Supreme Court the evidence required by section 2 of this
papers, books or notes into the examination rooms. The

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questions shall be the same for all examinees and a copy Sec. 12. Committee of examiners. -  Examinations shall be
thereof, in English or Spanish, shall be given to each conducted by a committee of bar examiners to be
examinee. Examinees shall answer the questions appointed by the Supreme Court. This committee shall be
personally without help from anyone. composed of a Justice of the Supreme Court, who shall act
as chairman, and who shall be designated by the court to
Upon verified application made by an examinee stating
serve for one year, and eight members of the bar of the
that his penmanship is so poor that it will be difficult to
Philippines, who shall hold office for a period of one year.
read his answers without much loss of time, the Supreme
The names of the members of this committee shall be
Court may allow such examinee to use a typewriter in
published in each volume of the official reports.
answering the questions. Only noiseless typewriters shall
be allowed to be used.  Sec. 13. Disciplinary measures. -  No candidate shall
endeavor to influence any member of the committee, and
The committee of bar examiners shall take such during examination the candidates shall not communicate
precautions as are necessary to prevent the substitution of with each other nor shall they give or receive any
papers or commission of other frauds. Examinees shall not assistance. The candidate who violates this provision, or
place their names on the examination papers. No oral any other provision of this rule, shall be barred from the
examination shall be given. examination, and the same to count as a failure against
him, and further disciplinary action, including permanent
Sec. 11. Annual examination. -  Examinations for
disqualification, may be taken in the discretion of the
admission to the bar of the Philippines shall take place
court.
annually in the City of Manila. They shall be held in four
days to be designated by the chairman of the committee Sec. 14. Passing average. -  In order that a candidate may
on bar examiners. The subjects shall be distributed as be deemed to have passed his examinations successfully,
follows: First day: Political and International Law he must have obtained a general average of 75 per cent in
(morning) and Labor and Social Legislation (afternoon); all subjects, without falling below 50 per cent in any
Second day: Civil Law (morning) and Taxation subject. In determining the average, the subjects in the
(afternoon); Third day: Mercantile Law (morning) and examination shall be given the following relative weights:
Criminal Law (afternoon); Fourth day: Remedial Law Civil Law, 15 per cent; Labor and Social Legislation, 10 per
(morning) and Legal Ethics and Practical Exercises cent; Mercantile Law, 15 per cent; Criminal Law; 10 per
(afternoon). cent; Political and International Law, 15 per cent; Taxation,

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10 per cent; Remedial Law, 20 per cent; Legal Ethics and corresponding oath of office.
Practical Exercises, 5 per cent.
Sec. 18. Certificate. -  The Supreme Court shall thereupon
Sec. 15. Report of the committee; filing of examination admit the applicant as a member of the bar for all the
papers. -  Not later than February 15th after the courts of the Philippines, and shall direct an order to be
examination, or as soon thereafter as may be practicable, entered to that effect upon its records, and that a certificate
the committee shall file its reports on the result of such of such record be given to him by the clerk of court, which
examination. The examination papers and notes of the certificate shall be his authority to practice. 
committee shall be fixed with the clerk and may there be
Sec. 19. Attorneys' roll. - The clerk of the Supreme Court
examined by the parties in interest, after the court has
shall keep a roll of all attorneys admitted to practice,
approved the report.
which roll shall be signed by the person admitted when he
Sec. 16. Failing candidates to take review course. -  receives his certificate.
Candidates who have failed the bar examinations for three
Sec. 20. Duties of attorneys. -  It is the duty of an attorney:
times shall be disqualified from taking another
(a) To maintain allegiance to the Republic of the
examination unless they show to the satisfaction of the
Philippines and to support the Constitution and obey the
court that they have enrolled in and passed regular fourth
laws of the Philippines; 
year review classes as well as attended a pre-bar review
course in a recognized law school. 
(b) To observe and maintain the respect due to the courts
of justice and judicial officers; 
The professors of the individual review subjects attended
by the candidates under this rule shall certify under oath
(c) To counsel or maintain such actions or proceedings
that the candidates have regularly attended classes and
only as appear to him to be just, and such defenses only as
passed the subjects under the same conditions as ordinary
he believes to be honestly debatable under the law; 
students and the ratings obtained by them in the particular
subject.
(d) To employ, for the purpose of maintaining the causes
Sec. 17. Admission and oath of successful applicants. -  An confided to him, such means only as are consistent with
applicant who has passed the required examination, or has truth and honor, and never seek to mislead the judge or
been otherwise found to be entitled to admission to the any judicial officer by an artifice or false statement of fact
bar, shall take and subscribe before the Supreme Court the or law; 

4
 party and on reasonable grounds therefor being shown,
(e) To maintain inviolate the confidence, and at every peril require any attorney who assumes the right to appear in a
to himself, to preserve the secrets of his client, and to case to produce or prove the authority under which he
accept no compensation in connection with his client's appears, and to disclose, whenever pertinent to any issue,
business except from him or with his knowledge and the name of the person who employed him, and may
approval;  thereupon make such order as justice requires. An
attorney wilfully appearing in court for a person without
(f) To abstain from all offensive personality and to being employed, unless by leave of the court, may be
advance no fact prejudicial to the honor or reputation of a punished for contempt as an officer of the court who has
party or witness, unless required by the justice of the cause misbehaved in his official transactions. chan robles virtual
with which he is charged;  law library
Sec. 22. Attorney who appears in lower court presumed to
(g) Not to encourage either the commencement or the
represent client on appeal. -  An attorney who appears de
continuance of an action or proceeding, or delay any
parte in a case before a lower court shall be presumed to
man's cause, from any corrupt motive or interest; 
continue representing his client on appeal, unless he files a
formal petition withdrawing his appearance in the
(h) Never to reject, for any consideration personal to
appellate court.
himself, the cause of the defenseless or oppressed; 
Sec. 23. Authority of attorneys to bind clients. -  Attorneys
(i) In the defense of a person accused of crime, by all fair have authority to bind their clients in any case by any
and honorable means, regardless of his personal opinion agreement in relation thereto made in writing, and in
as to the guilt of the accused, to present every defense that taking appeals, and in all matters of ordinary judicial
the law permits, to the end that no person may be procedure. But they cannot, without special authority,
deprived of life or liberty, but by due process of law. compromise their client's litigation, or receive anything in
discharge of a client's claim but the full amount in cash.
Sec. 21. Authority of attorney to appear. -  An attorney is
presumed to be properly authorized to represent any Sec. 24. Compensation of attorneys; agreement as to fees.
cause in which he appears, and no written power of -  An attorney shall be entitled to have and recover from
attorney is required to authorize him to appear in court for his client no more than a reasonable compensation for his
his client, but the presiding judge may, on motion of either services, with a view to the importance of the subject

5
matter of the controversy, the extent of the services another in his place, but if the contract between client and
rendered, and the professional standing of the attorney. attorney has been reduced to writing and the dismissal of
No court shall be bound by the opinion of attorneys as the attorney was without justifiable cause, he shall be
expert witnesses as to the proper compensation, but may entitled to recover from the client the full compensation
disregard such testimony and base its conclusion on its stipulated in the contract. However, the attorney may, in
own professional knowledge. A written contract for the discretion of the court, intervene in the case to protect
services shall control the amount to be paid therefor unless his rights. For the payment of his compensation the
found by the court to be unconscionable or unreasonable. attorney shall have a lien upon all judgments for the
payment of money, and executions issued in pursuance of
Sec. 25. Unlawful retention of client's funds; contempt.
such judgment, rendered in the case wherein his services
- When an attorney unjustly retains in his hands money of
had been retained by the client.
his client after it has been demanded, he may be punished
for contempt as an officer of the Court who has Sec. 27. Attorneys removed or suspended by Supreme
misbehaved in his official transactions; but proceedings Court on what grounds. -  A member of the bar may be
under this section shall not be a bar to a criminal removed or suspended from his office as attorney by the
prosecution. Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by
Sec. 26. Change of attorneys. -  An attorney may retire at
reason of his conviction of a crime involving moral
any time from any action or special proceeding, by the
turpitude, or for any violation of the oath which he is
written consent of his client filed in court. He may also
required to take before admission to practice, or for a
retire at any time from an action or special proceeding,
wilfull disobedience of any lawful order of a superior
without the consent of his client, should the court, on
court, or for corruptly or wilfully appearing as an attorney
notice to the client and attorney, and on hearing,
for a party to a case without authority so to do. The
determine that he ought to be allowed to retire. In case of
practice of soliciting cases at law for the purpose of gain,
substitution, the name of the attorney newly employed
either personally or through paid agents or brokers,
shall be entered on the docket of the court in place of the
constitutes malpractice.
former one, and written notice of the change shall be given
to the adverse party.  Sec. 28. Suspension of attorney by the Court of Appeals or
a Court of First Instance. -  The Court of Appeals or a
A client may at any time dismiss his attorney or substitute Court of First Instance may suspend an attorney from

6
practice for any of the causes named in the last preceding ends of justice and to protect the rights of the party. It shall
section, and after such suspension such attorney shall not be the duty of the attorney so assigned to render the
practice his profession until further action of the Supreme required service, unless he is excused therefrom by the
Court in the premises. court for sufficient cause shown.
Sec. 29. Upon suspension by Court of Appeals or Court of Sec. 32. Compensation for attorneys de oficio. -  Subject to
First Instance, further proceedings in Supreme Court. availability of funds as may be provided by law the court
- Upon such suspension, the Court of Appeals or the Court may, in its discretion, order an attorney employed as
of First Instance shall forthwith transmit to the Supreme counsel de oficio to be compensated in such sum as the
Court a certified copy of the order or suspension and a full court may fix in accordance with section 24 of this rule.
statement of the facts upon which the same was based. Whenever such compensation is allowed, it shall not be
Upon the receipt of such certified copy and statement, the less than thirty pesos (P30.00) in any case, nor more than
Supreme Court shall make full investigation of the facts the following amounts: (1) Fifty pesos (P50.00) in light
involved and make such order revoking or extending the felonies; (2) One hundred pesos (P100.00) in less grave
suspension, or removing the attorney from his office as felonies; (3) Two hundred pesos (P200.00) in grave felonies
such, as the facts warrant.  other than capital offenses; (4) Five hundred pesos
(P500.00) in capital offenses. 
Sec. 30. Attorney to be heard before removal or
suspension. -  No attorney shall be removed or suspended Sec. 33. Standing in court of persons authorized to appear
from the practice of his profession, until he has had full for Government. - Any official or other person appointed
opportunity upon reasonable notice to answer the charges or designated in accordance with law to appear for the
against him, to produce witnesses in his own behalf, and Government of the Philippines shall have all the rights of a
to be heard by himself or counsel. But if upon reasonable duly authorized member of the bar to appear in any case
notice he fails to appear and answer the accusation, the in which said government has an interest direct or
court may proceed to determine the matter ex parte. indirect.
Sec. 31. Attorneys for destitute litigants. -  A court may Sec. 34. By whom litigation conducted. -  In the court of a
assign an attorney to render professional aid free of charge justice of the peace a party may conduct his litigation in
to any party in a case, if upon investigation it appears that person, with the aid of an agent or friend appointed by
the party is destitute and unable to employ an attorney, him for that purpose, or with the aid of an attorney. In any
and that the services of counsel are necessary to secure the other court, a party may conduct his litigation personally

7
or by aid of an attorney, and his appearance must be either client would have to enforce his lien and secure the
personal or by a duly authorized member of the bar. payment of his just fees and disbursements.
Sec. 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.
LAW STUDENT PRACTICE RULE
Sec. 36. Amicus curiae. -  The court may, in special cases,
Rule 138-A
and upon proper application, permit the appearance,
as amici curiae, of those lawyers who in its opinion can SECTION 1. Conditions for Student Practice. - A law student
help in the disposition of the matter before it; or it may, on who has successfully completed 3rd year of the regular
its own initiative, invite prominent attorneys to appear four-year prescribed law curriculum and is enrolled in a
as amici curiae in such special cases. recognized law school's clinical legal education program
approved by the Supreme Court, may appear without
Sec. 37. Attorneys' liens. -  An attorney shall have a lien
compensation in any civil, criminal or administrative case
upon the funds, documents and papers of his client which
before any trial court, tribunal, board or officer, to
have lawfully come into his possession and may retain the
represent indigent clients accepted by the legal clinic of
same until his lawful fees and disbursements have been
the law school. 
paid, and may apply such funds to the satisfaction thereof.
He shall also have a lien to the same extent upon all
SEC. 2. Appearance. - The appearance of the law student
judgments for the payment of money, and executions
authorized by this rule, shall be under the direct
issued in pursuance of such judgments, which he has
supervision and control of a member of the Integrated Bar
secured in a litigation of his client, from and after the time
of the Philippines duly accredited by the law school.  Any
when he shall have caused a statement of his claim of such
and all pleadings, motions, briefs, memoranda or other
lien to be entered upon the records of the court rendering
papers to be filed, must be signed by the supervising
such judgment, or issuing such execution, and shall have
attorney for and in behalf of the legal clinic. 
caused written notice thereof to be delivered to his client
and to the adverse party; and he shall have the same right
SEC. 3.  Privileged communications. - The Rules
and power over such judgments and executions as his

8
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. 

SEC. 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.  (SC
Circular No. 19, prom. Dec. 19, 1986).