REQUIREMENTS FOR ADMISSION TO THE BAR

Requirements for admission (Sec 2 R138): PP2GS

PH citizen
PH resident
At least 21 yrs of age
GMC
Produce before SC satisfactory evidence of GMC + no charges against him involving
moral turpitude, having been filed or are pending in any PH court
Rule 138: Attorneys and Admission to Bar
Section 1.
Who may practice law.
Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in
accordance with the provisions of this rule, and who is in good and regular standing, is entitled to
practice law.
Section 2.
Requirements for all applicants for admission to the bar.
Every applicant for admission as a member of the bar must be a citizen of the PH, at least
twenty-one years of age, of good moral character, and resident of the PH; and must produce
before the SC satisfactory evidence of good moral character, and that no charges against him,
involving moral turpitude, have been filed or are pending in any court in the PH.
Section 3.
Requirements for lawyers who are citizens of the United States of America.
Citizens of the USA who, before July 4, 1946, were duly licensed members of the Philippine Bar,
in active practice in the courts of the PH and in good and regular standing as such may, upon
satisfactory proof of those facts before the SC, be allowed to continue such practice after taking
the following oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice of law in
the PH, do solemnly swear that I recognize the supreme authority of the Republic of the PH; I
will support its Constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor
consent to the same; I will delay no man for money or malice, and will conduct myself as a
lawyer according to the best of may knowledge and discretion with all good fidelity as well as to
the courts as to my clients; and I impose upon myself this voluntary obligation without any
mental reservation or purpose of evasion. So help me God.
Section 4.
Requirements for applicants from other jurisdictions.
Applicants for admission who, being PH citizens, are enrolled attorneys in good standing in the
SC of the United States or in any circuit CA or district court therein, or in the highest court of any
State or Territory of the United States, and who can show by satisfactory certificates that they
have practiced at least 5 years in any of said courts, that such practice began before July 4,
1946, and that they have never been suspended or disbarred, may, in the discretion of the Court,
be admitted without examination.

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Section 5.
Additional requirements for other applicants.
All applicants for admission other than those referred to in the 2 preceding section shall, before
being admitted to the examination:
Satisfactorily show that they have regularly studied law for 4 years, and successfully
completed all prescribed courses, in a law school or university, officially approved and
recognized by the Secretary of Education.
The affidavit of the candidate, accompanied by a certificate from the university or school
of law, shall be filed as evidence of such facts, and further evidence may be required by
the court.
No applicant shall be admitted to the bar examinations
UNL he has satisfactorily completed the following courses in a law school or university
duly recognized by the government:
o Civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.
Section 6.
Pre-Law.
No applicant for admission to the bar examination shall be admitted
UNL he presents a certificate that he has satisfied the Secretary of Education that,
before he began the study of law
o He had pursued and satisfactorily completed in an authorized and recognized
university or college, requiring for admission thereto the completion of a 4-year
high school course, the course of study prescribed therein for a bachelor's
degree in arts or sciences with any of the following subjects as major or field of
concentration: political science, logic, english, spanish, history and economics.
Section 7.
Time for filing proof of qualifications.
All applicants for admission shall file with the clerk of the SC the evidence required by section 2
of this rule
At least (15) days before the beginning of the examination.
If not embraced within section 3 and 4 of this rule:
They shall also file within the same period the affidavit and certificate required by
section 5, and
If embraced within sections 3 and 4:
They shall exhibit a license evidencing the fact of their admission to practice,
satisfactory evidence that the same has not been revoked, and certificates as to their
professional standing.
Applicants shall also file at the same time their own affidavits as to their age, residence, and
citizenship.
Section 8.
Notice of Applications.
Notice of applications for admission shall be published:
By the clerk of the SC in newspapers published in Pilipino, English and Spanish, for at
least 10 days before the beginning of the examination.
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Section 9.
Examination; subjects.
Applicants, not OTHW provided for in sections 3 and 4 of this rule, shall be subjected to
examinations in the following subjects:
Civil Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public Officers); International Law
(Private and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure, and
Evidence); Legal Ethics and Practical Exercises (in Pleadings and Conveyancing).
Section 10.
Bar examination, by questions and answers, and in writing.
Persons taking the examination shall NOT bring papers, books or notes into the examination
rooms.
The questions shall be the same for all examinees and a copy thereof, in English or Spanish,
shall be given to each examinee.
Examinees shall answer the questions personally without help from anyone.
Upon verified application made by an examinee stating that his penmanship is so poor that it will
be difficult to read his answers without much loss of time.
The SC may allow such examinee to use a typewriter in answering the questions.
Only noiseless typewriters shall be allowed to be used.
The committee of bar examiner shall take such precautions as are necessary to prevent the
substitution of papers or commission of other frauds.
Examinees shall not place their names on the examination papers. No oral examination
shall be given.
Section 11.
Annual examination.
Examinations for admission to the bar of the PH shall take place annually in the City of Manila.
They shall be held in 4 days to be designated by the chairman of the committee on bar
examiners.
The subjects shall be distributed as follows:
First day: Political and International Law (morning) and Labor and Social Legislation
(afternoon);
Second day: Civil Law (morning) and Taxation (afternoon);
Third day: Mercantile Law (morning) and Criminal Law (afternoon);
Fourth day: Remedial Law (morning) and legal Ethics and Practical Exercises
(afternoon).
Section 12.
Committee of examiners.
Examinations shall be conducted by a committee of bar examiners to be appointed by the SC.
This committee shall be composed of:
Justice of the SC, who shall act as chairman, and who shall be designated by the court
to serve for one year, and
8 members of the bar of the PH, who shall hold office for a period of one year.
The names of the members of this committee shall be published in each volume of the official
reports.
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Section 13.
Disciplinary measures.
No candidate shall endeavor to influence any member of the committee, and during examination
the candidates shall not communicate with each other nor shall they give or receive any
assistance.
The candidate who violates this provisions, or any other provision of this rule:
Shall be barred from the examination, and the same to count as a failure against him,
and further disciplinary action, including permanent disqualification, may be taken in the
discretion of the court.
Section 14.
Passing average.
In order that a candidate may be deemed to have passed his examinations successfully, he must
have obtained a general average of 75 per cent in all subjects, without falling below 50 per cent
in any subjects.
In determining the average, the subjects in the examination shall be given the following relative
weights:
Civil Law, 15 per cent;
Labor and Social Legislation, 10 per cent;
Mercantile Law, 15 per cent;
Criminal Law; 10 per cent:
Political and International Law, 15 per cent;
Taxation, 10 per cent;
Remedial Law, 20 per cent;
Legal Ethics and Practical Exercises, 5 per cent.
Section 15.
Report of the committee; filing of examination papers.
Not later than February 15th after the examination, or as soon thereafter as may be practicable:
The committee shall file its report on the result of such examination.
The examination papers and notes of the committee:
Shall be filed with the clerk and may there be examined by the parties in interest, after
the court has approved the report.
Section 16.
Failing candidates to take review course.
Candidates who have failed the bar examinations for 3 times shall be disqualified from taking
another examination
UNL they show the satisfaction of the court that they have enrolled in and passed
regular fourth year review classes as well as attended a pre-bar review course in a
recognized law school.
The professors of the individual review subjects attended by the candidates under this rule:
Shall certify under oath that the candidates have regularly attended classes and passed
the subjects under the same conditions as ordinary students and the ratings obtained by
them in the particular subject.
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Section 17.
Admission and oath of successful applicants.
An applicant who has passed the required examination, or has been OTHW found to be entitled
to admission to the bar:
Shall take and subscribe before the SC the corresponding oath of office.
Section 18.
Certificate.
The SC shall thereupon:
Admit the applicant as a member of the bar for all the courts of the PH,
Direct an order to be entered to that effect upon its records, and that a certificate of
such record be given to him by the clerk of court, which certificate shall be his authority
to practice.
ection 19.
Attorney's roll.
The clerk of the SC shall kept a roll of all attorneys admitted to practice,
Which roll shall be signed by the person admitted when he receives his certificate.
Section 20.
Duties of attorneys. It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the PH and to support the Constitution and obey
the laws of the PH.
(b) To observe and maintain the respect due to the courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly debatable under the law.
(d) To employ, for the purpose of maintaining the causes confided to him, such means only as
are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by
an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets
of his client, and to accept no compensation in connection with his client's business except from
him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, UNL required by the justice of the cause with which he is
charged;
(g) Not to encourage either the commencement or the continuance of an action or proceeding,
or delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of
his personal opinion as to the guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or liberty, but by due process of law.

LEX BELLUM

Section 21.
Authority of attorney to appear.
An attorney is presumed to be properly authorized to represent any cause in which he appears,
and no written power of attorney is required to authorize him to appear in court for his client
But the presiding judge may, on motion of either party and on reasonable grounds
therefor being shown, require any attorney who assumes the right to appear in a case
to produce or prove the authority under which he appears, and to disclose, whenever
pertinent to any issue, the name of the person who employed him, and may thereupon
make such order as justice requires.
An attorneys wilfully appear in court for a person without being employed, UNL by leave of the
court:
May be punished for contempt as an officer of the court who has misbehaved in his
official transactions.
Section 22.
Attorney who appears in lower court presumed to represent client on appeal.
An attorney who appears de parte in a case before a lower court:
Shall be presumed to continue representing his client on appeal, UNL he files a formal
petition withdrawing his appearance in the appellate court.
Section 23.
Authority of attorneys to bind clients.
Attorneys have authority to bind their clients in any case by any agreement in relation thereto
made in writing, and in 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 claim but the full amount in cash.
Section 24.
Compensation of attorneys; agreement as to fees.
An attorney shall be entitled to have and recover from his client:
No more than a reasonable compensation for his services, with a view to the
importance of the subject matter of the controversy, the extent of the services rendered,
and the professional standing of the attorney.
No court shall be bound by the opinion of attorneys as expert witnesses as to the proper
compensation
But may disregard such testimony and base its conclusion on its own professional
knowledge.
A written contract for services
Shall control the amount to be paid therefor UNL found by the court to be
unconscionable or unreasonable.
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 proceedings under this section shall not be a bar to a criminal prosecution.
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Section 26.
Change of attorneys.
An attorney may retire at any time from any action or special proceeding, by the written consent
of his client filed in court.
He may also retire at any time from an action or special proceeding, without the consent
of his client, should the court, on notice to the client and attorney, and on hearing,
determine that he ought to be allowed to retire.
In case of substitution, the name of the attorney newly employed shall be entered on the
docket of the court in place of the former one, and written notice of the change shall be
given to the advance party.
A client may at any time dismiss his attorney or substitute another in his place:
But if the contract between client and attorney has been reduced to writing and the
dismissal of the attorney was without justifiable cause:
o He shall be entitled to recover from the client the full compensation stipulated in
the contract.
HWVR, the attorney may, in the discretion of the court, intervene in the case to protect
his rights.
o For the payment of his compensation the attorney shall have a lien upon all
judgments for the payment of money, and executions issued in pursuance of
such judgment, rendered in the case wherein his services had been retained by
the client.
Section 27.
Attorneys removed or suspended by SC on what grounds.
A member of the bar may be removed or suspended from his office as attorney by the
SC for:
o Any deceit, malpractice, or other gross misconduct in such office, grossly
immoral conduct, or
o By reason of his conviction of a crime involving moral turpitude, or
o Any violation of the oath which he is required to take before the admission to
practice, or
o Wilfull disobedience of any lawful order of a superior court, or for corruptly or
o 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 malpractice.
Section 28.
Suspension of attorney by the CA or a CFI.
The CA or a CFI 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
UNTL further action of the SC in the premises.
Section 29.
Upon suspension by the CA or CFI, further proceedings in SC.
Upon such suspension, the CA or the CFI shall forthwith transmit to the SC a certified copy of
the order of suspension and a full statement of the facts upon which the same was based.

LEX BELLUM

Upon the receipt of such certified copy and statement, the SC 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 30.
Attorney to be heard before removal or suspension.
No attorney shall be removed or suspended from the practice of his profession:
UNTL 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 and answer the accusation:
o The court may proceed to determine the matter ex parte.
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:
UNL 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 (P30) in any case, nor more
than the following amounts:
(P50) in light felonies;
(P100) in less grave felonies;
(P200) in grave felonies other than capital offenses;
(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 PH:
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:
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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 OSG:
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
o UNTL his lawful fees and disbursements have been paid, and may apply such
funds to the satisfaction thereof.
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 judgment, or issuing
such execution, and shall have the caused written notice thereof to be delivered to his
client and to the adverse paty;
Have the same right and power over such judgments and executions as his client would
have to enforce his lien and secure the payment of his just fees and disbursements.
Art 8 Judiciary 1978 Consti:
Section 5. The SC shall have the following powers: (5) Promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice, and procedure in
all courts, the admission to the practice of law, the integrated bar, and legal assistance
to the underprivileged. Such rules shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall remain effective UNL disapproved by the
SC.
LAWYERS OATH
I, (state your name), of (place of birth) do solemnly swear that
I will maintain allegiance to the Republic of the Philippines
I will support its Constitution, and obey the laws as well as the legal orders of the duly
constituted authorities therein
I will do no falsehood nor consent to the doing of any in court

LEX BELLUM

I will not wittingly nor willingly promote nor sue any groundless, false or unlawful suit, or
give aid nor consent to the same
I will delay no man for money or malice, and
I will conduct myself as a lawyer according to the best of my knowledge and discretion
With all good fidelity as well to the court as to my clients
And I impose upon myself these voluntary obligations without any mental reservation or
purpose of evasion.
So help me God.

Section 3.
Requirements for lawyers who are citizens of the United States of America.
Citizens of the United States of America who, before July 4, 1946, were duly licensed members
of the Philippine Bar, in active practice in the courts of the PH and in good and regular standing
as such may, upon satisfactory proof of those facts before the SC, be allowed to continue such
practice after taking the following oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice of
law in the PH, do solemnly swear that I recognize the supreme authority of the Republic
of the PH; I will support its Constitution and obey the laws as well as the legal orders of
the duly constituted authorities therein; I will do no falsehood, nor consent to the doing
of any in court; I will not wittingly or willingly promote or sue any groundless, false or
unlawful suit, nor give aid nor consent to the same; I will delay no man for money or
malice, and will conduct myself as a lawyer according to the best of may knowledge and
discretion with all good fidelity as well as to the courts as to my clients; and I impose
upon myself this voluntary obligation without any mental reservation or purpose of
evasion. So help me God.
Section 20.
Duties of attorneys. It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the PH and to support the Constitution and obey
the laws of the PH.
(b) To observe and maintain the respect due to the courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly debatable under the law.
(d) To employ, for the purpose of maintaining the causes confided to him, such means only as
are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by
an artifice or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets
of his client, and to accept no compensation in connection with his client's business except from
him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, UNL required by the justice of the cause with which he is
charged;
(g) Not to encourage either the commencement or the continuance of an action or proceeding,
or delay any man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
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(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of
his personal opinion as to the guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or liberty, but by due process of law.

CODE OF PROFESSIONAL RESPONISBILITY

CHAPTER I. THE LAWYER AND SOCIETY
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or
at lessening confidence in the legal system.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay any man's cause.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it
will admit of a fair settlement.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT
AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed.
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse
to render legal advice to the person concerned if only to the extent necessary to
safeguard the latter's rights.
Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.
Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed UNL
the circumstances so warrant.

used. The continued use of the name of a deceased partner is permissible provided that
the firm indicates in all its communications that said partner is deceased.
Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and
his name shall be dropped from the firm name UNL the law allows him to practice law
currently.
Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the
mass media in anticipation of, or in return for, publicity to attract legal business.

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL

SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE
IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH
STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN
THE DISCHARGE OF THEIR TASKS.
Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict
but to see that justice is done. The suppression of facts or the concealment of witnesses
capable of establishing the innocence of the accused is highly reprehensible and is
cause for disciplinary action.
Rule 6.02 - A lawyer in the government service shall not use his public position to
promote or advance his private interests, nor allow the latter to interfere with his public
duties.
Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in said
service.

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE,
HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his
qualifications or legal services.
Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be
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