RULE 138
No applicant shall be admitted to the bar examinations
Attorneys and Admission to Bar
Section 1. Who may practice law. — Any person
heretofore duly admitted as a member of the bar, or
hereafter admitted as such in accordance with the
provisions of this rule, and who is in good and regular
standing, is entitled to practice law.
Section 2. Requirements for all applicants for admission
to the bar. — Every applicant for admission as a member
of the bar must be a citizen of the Philippines, at least
twenty-one years of age, of good moral character, and
resident of the Philippines; and must produce before the
Supreme Court satisfactory evidence of good moral
character, and that no charges against him, involving
moral turpitude, have been filed or are pending in any
court in the Philippines.
Section 3. Requirements for lawyers who are citizens of
the United States of America. — Citizens of the United
States of America who, before July 4, 1946, were duly
licensed members of the Philippine Bar, in active practice
in the courts of the Philippines and in good and regular
standing as such may, upon satisfactory proof of those
facts before the Supreme Court, be allowed to continue
such practice after taking the following oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to
continue in the practice of law in the Philippines, do
solemnly swear that I recognize the supreme authority of
the Republic of the Philippines; I will support its
Constitution and obey the laws as well as the legal orders
of the duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in court; I will
not wittingly or willingly promote or sue any groundless,
false or unlawful suit, nor give aid nor consent to the
same; I will delay no man for money or malice, and will
conduct myself as a lawyer according to the best of may
knowledge and discretion with all good fidelity as well as
to the courts as to my clients; and I impose upon myself
this voluntary obligation without any mental reservation
or purpose of evasion. So help me God.
Section 4. Requirements for applicants from other
jurisdictions. — Applicants for admission who, being
Filipino citizens, are enrolled attorneys in good standing
in the Supreme Court of the United States or in any circuit
court of appeals or district court therein, or in the highest
court of any State or Territory of the United States, and
who can show by satisfactory certificates that they have
practiced at least five years in any of said courts, that such
practice began before July 4, 1946, and that they have
never been suspended or disbarred, may, in the discretion
of the Court, be admitted without examination.
Section 5. Additional requirements for other applicants.
— All applicants for admission other than those referred
to in the two preceding section shall, before being
admitted to the examination, satisfactorily show that they
have regularly studied law for four years, and successfully
completed all prescribed courses, in a law school or
university, officially approved and recognized by the
Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school
of law, shall be filed as evidence of such facts, and further
evidence may be required by the court.
unless he has satisfactorily completed the following
courses in a law school or university duly recognized by
the government: civil law, commercial law, remedial law,
criminal law, public and private international law,
political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.
Section 6. Pre-Law. — No applicant for admission to the
bar examination shall be admitted unless he presents a
certificate that he has satisfied the Secretary of Education
that, before he began the study of law, he had pursued
and satisfactorily completed in an authorized and
recognized university or college, requiring for admission
thereto the completion of a four-year high school course,
the course of study prescribed therein for a bachelor's
degree in arts or sciences with any of the following
subjects as major or field of concentration: political
science, logic, english, spanish, history and economics.
Section 7. Time for filing proof of qualifications. — All
applicants for admission shall file with the clerk of the
Supreme Court the evidence required by section 2 of this
rule at least fifteen (15) days before the beginning of the
examination. If not embraced within section 3 and 4 of
this rule they shall also file within the same period the
affidavit and certificate required by section 5, and if
embraced within sections 3 and 4 they shall exhibit a
license evidencing the fact of their admission to practice,
satisfactory evidence that the same has not been revoked,
and certificates as to their professional standing.
Applicants shall also file at the same time their own
affidavits as to their age, residence, and citizenship.
Section 8. Notice of Applications. — Notice of applications
for admission shall be published by the clerk of the
Supreme Court in newspapers published in Pilipino,
English and Spanish, for at least ten (10) days before the
beginning of the examination.
Section 9. Examination; subjects. — Applicants, not
otherwise provided for in sections 3 and 4 of this rule,
shall be subjected to examinations in the following
subjects: Civil Law; Labor and Social Legislation;
Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public
Officers); International Law (Private and Public);
Taxation; Remedial Law (Civil Procedure, Criminal
Procedure, and Evidence); Legal Ethics and Practical
Exercises (in Pleadings and Conveyancing).
Section 10. Bar examination, by questions and
answers, and in writing. — Persons taking the
examination shall not bring papers, books or notes into
the examination rooms. The questions shall be the same
for all examinees and a copy thereof, in English or
Spanish, shall be given to each examinee. Examinees shall
answer the questions personally without help from
anyone.
Upon verified application made by an examinee stating
that his penmanship is so poor that it will be difficult to
read his answers without much loss of time., the Supreme
Court may allow such examinee to use a typewriter in
answering the questions. Only noiseless typewriters shall
be allowed to be used.
The committee of bar examiner shall take such
precautions as are necessary to prevent the substitution
of papers or commission of other frauds. Examinees shall
not place their names on the examination papers. No oral
examination shall be given.
Section 11. Annual examination. — passed the subjects under the same conditions as
Examinations for admission to the bar of the Philippines
shall take place annually in the City of Manila. They shall
be held in four days to be disignated by the chairman of
the committee on bar examiners. The subjects shall be
distributed as follows: First day: Political and
International Law (morning) and Labor and Social
Legislation (afternoon); Second day: Civil Law (morning)
and Taxation (afternoon); Third day: Mercantile Law
(morning) and Criminal Law (afternoon); Fourth day:
Remedial Law (morning) and legal Ethics and Practical
Exercises (afternoon).
Section 12. Committee of examiners. — order to be entered to that effect upon its records, and
Examinations shall be conducted by a committee of bar
examiners to be appointed by the Supreme Court. This
committee shall be composed of a Justice of the Supreme
Court, who shall act as chairman, and who shall be
designated by the court to serve for one year, and eight
members of the bar of the Philippines, who shall hold
office for a period of one year. The names of the members
of this committee shall be published in each volume of the
official reports.
Section 13. Disciplinary measures. — No
candidate shall endeavor to influence any member of the
committee, and during examination the candidates shall
not communicate with each other nor shall they give or
receive any assistance. The candidate who violates this
provisions, or any other provision of this rule, shall be
barred from the examination, and the same to count as a
failure against him, and further disciplinary action,
including permanent disqualification, may be taken in the
discretion of the court.
Section 14. Passing average. — In order that a
candidate may be deemed to have passed his
examinations successfully, he must have obtained a
general average of 75 per cent in all subjects, without
falling below 50 per cent in any subjects. In determining
the average, the subjects in the examination shall be given
the following relative weights: Civil Law, 15 per cent;
Labor and Social Legislation, 10 per cent; Mercantile Law,
15 per cent; Criminal Law; 10 per cent: Political and
International Law, 15 per cent; Taxation, 10 per cent;
Remedial Law, 20 per cent; Legal Ethics and Practical
Exercises, 5 per cent.
Section 15. Report of the committee; filing of
examination papers. — Not later than February 15th after
the examination, or as soon thereafter as may be
practicable, the committee shall file its report on the
result of such examination. The examination papers and
notes of the committee shall be filed with the clerk and
may there be examined by the parties in interest, after the
court has approved the report.
Section 16. Failing candidates to take review
course. — Candidates who have failed the bar
examinations for three times shall be disqualified from
taking another examination unless they show the
satisfaction of the court that they have enrolled in and
passed regular fourth year review classes as well as
attended a pre-bar review course in a recognized law
school.
The professors of the individual review subjects attended
by the candidates under this rule shall certify under oath
that the candidates have regularly attended classes and
ordinary students and the ratings obtained by them in the
particular subject.
Section 17. Admission and oath of successful
applicants. — An applicant who has passed the required
examination, or has been otherwise found to be entitled
to admission to the bar, shall take and subscribe before
the Supreme Court the corresponding oath of office.
Section 18. Certificate. — The supreme Court
shall thereupon admit the applicant as a member of the
bar for all the courts of the Philippines, and shall direct an
that a certificate of such record be given to him by the
clerk of court, which certificate shall be his authority to
practice.
Section 19. Attorney's roll. — The clerk of the
Supreme Court shall kept a roll of all attorneys admitted
to practice, which roll shall be signed by the person
admitted when he receives his certificate.
Section 20. Duties of attorneys. — It is the duty
of an attorney:
(a) To maintain allegiance to the Republic of the
Philippines and to support the Constitution and obey the
laws of the Philippines.
(b) To observe and maintain the respect due to the
courts of justice and judicial officers;
(c) To counsel or maintain such actions or
proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable
under the law.
(d) To employ, for the purpose of maintaining the
causes confided to him, such means only as are consistent
with truth and honor, and never seek to mislead the judge
or any judicial officer by an artifice or false statement of
fact or law;
(e) To maintain inviolate the confidence, and at
every peril to himself, to preserve the secrets of his client,
and to accept no compensation in connection with his
client's business except from him or with his knowledge
and approval;
(f) To abstain from all offensive personality and to
advance no fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the
cause with which he is charged;
(g) Not to encourage either the commencement or
the continuance of an action or proceeding, or delay any
man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal
to himself, the cause of the defenseless or oppressed;
(i) In the defense of a person accused of crime, by
all fair and honorable 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.
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, unless 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, unless 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 unless 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.
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, he shall be
entitled to recover from the client the full compensation
stipulated in the contract. However, the attorney may, in
the discretion of the court, intervene in the case to protect
his rights. For the payment of his compensation the
attorney shall have a lien upon all 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
Supreme Court on what grounds. — A member of the bar
may be removed or suspended from his office as attorney
by the Supreme Court for any deceit, malpractice, or other
gross misconduct in such office, grossly immoral conduct,
or by reason of his conviction of a crime involving moral
turpitude, or for any violation of the oath which he is
required to take before the admission to practice, or for a
wilfull disobedience of any lawful order of a superior
court, or for corruptly or willful appearing as an attorney
for a party to a case without authority so to do. The
practice of soliciting cases at law for the purpose of gain,
either personally or through paid agents or brokers,
constitutes malpractice.
Section 28. Suspension of attorney by the Court
of Appeals or a Court of First Instance. — The Court of
Appeals or a Court of First Instance may suspend an
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 premises.
Section 29. Upon suspension by the Court of
Appeals or Court of First Instance, further proceedings in
Supreme Court. — Upon such suspension, the Court of
Appeals or the Court of First Instance shall forthwith
transmit to the Supreme Court a certified copy of the
order of suspension and a full statement of the facts upon
which the same was based. Upon the 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 30. Attorney to be heard before removal
or suspension. — No attorney shall be removed or
suspended from the practice of his profession, until he
has had full opportunity upon reasonable notice to
answer the charges against him, to 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, 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, 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 judgment, or
issuing such execution, and shall have the caused written
notice thereof to be delivered to his client and to the
adverse paty; and he shall have the same right and power
over such judgments and executions as his client would
have to enforce his lien and secure the payment of his just
fees and disbursements.
Rule 139-A [Integrated Bar of the Philippines]
RULE 139-A
INTEGRATED BAR OF THE PHILIPPINES
[effective January 16, 1973]
SECTION 1. Organization.—There is hereby organized an
official national body to be known as the “Integrated Bar
of the Philippines,” composed of all persons whose names
now appear or may hereafter be included in the Roll of
Attorneys of the Supreme Court.
SEC. 2. Purposes.—The fundamental purposes of the
Integrated Bar shall be to elevate the standards of the
legal profession, improve the administration of justice,
and enable the Bar to discharge its public responsibility
more effectively.
SEC. 3. Regions.—The Philippines is hereby divided into
nine Regions of the Integrated Bar, to wit:
(a) Northern Luzon, consisting of the provinces of Abra,
Batanes, Benguet, Cagayan, Ifugao, Ilocos Norte, Ilocos
Sur, Isabela, Kalinga-Apayao, La Union, Mountain
Province, Nueva Vizcaya, and Quirino;
(b) Central Luzon, consisting of the province of Bataan,
Bulacan, Nueva Ecija, Pampanga, Pangasinan, Tarlac, and
Zambales;
(c) Greater Manila, consisting of the City of Manila and
Quezon City;
(d) Southern Luzon, consisting of the provinces of
Batangas, Cavite, Laguna, Marinduque, Occidental
Mindoro, Oriental Mindoro, Quezon, and Rizal;
(e) Bicolandia, consisting of the provinces of Albay,
Camarines Norte, Camarines Sur, Catanduanes, Masbate,
and Sorsogon;
(f) Eastern Visayas, consisting of the provinces of Bohol,
Cebu, Eastern Samar, Leyte, Northern Samar, Samar, and
Southern Leyte;
(g) Western Visayas, Consisting of the provinces of Aklan,
Antique, Capiz, Iloilo, Negros Occidental, Negros Oriental,
Palawan, Romblon, and Siquijor;
(h) Eastern Mindanao, consisting of the provinces of
Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin,
Davao del Norte, Davao del Sur, Davao Oriental, Misamis
Oriental, Surigao del Norte, and Surigao del Sur; and
(i) Western Mindanao, consisting of the cities of Basilan
and Zamboanga, and the provinces of Cotabato, Lanao del
Norte, Lanao del Sur, Misamis Occidental, South Cotabato,
Sulu, Zamboanga del Norte, and Zamboanga del Sur.
In the event of the creation of any new province, the
Board of Governors shall, with the approval of the
Supreme Court determine the Region to which the said
province shall belong.
SEC. 4. Chapters.—A Chapter of the Integrated Bar shall
be organized in every province. Except as hereinbelow
provided, every city shall be considered part of the
province within which it is geographically situated.
A separate Chapter shall be organized in each of following
political subdivisions or areas:
(a) The subprovince of Aurora;
(b) Each congressional district of the City of Manila;
(c) Quezon City;
(d) Caloocan City, Malabon and Navotas;
(e) Pasay City, Makati, Mandaluyong and San Juan del
Monte;
(f) Cebu City; and
(g) Zamboanga City and Basilan City.
Unless he otherwise registers his preference for a
particular Chapter, a lawyer shall be considered a
member of the Chapter of the Province, city, political
subdivision or area where his office or, in the absence
thereof, his residence is located. In no case shall any
lawyer be a member of more than one Chapter.
Each Chapter shall have its own local government as
provided for by uniform rules to be prescribed by the
Board of Governors and approved by the Supreme Court,
the provisions of Section 19 of this Rule notwithstanding.
Chapters belonging to the same Region may hold regional
conventions on matters and problems of common
concern.
SEC. 5. House of Delegates.—The Integrated Bar shall
have a House of Delegates of not more than one hundred
twenty members who shall be apportioned among all the
Chapters as nearly as may be according to the number of
their respective members, but each Chapter shall have at
least one Delegate. On or before December 31, 1974, and
every four years thereafter, the Board of Governors shall
make an apportionment of Delegates.
The term of the office of Delegate shall begin on the date
of the opening of the annual convention of the House and
shall end on the day immediately preceding the date of
the opening of the next succeeding annual convention. No
person may be a Delegate for more than two terms.
The House shall hold an annual convention at the call of
the Board of Governors at any time during the month of
April of each year for the election of Governors, the
reading and discussion of reports including the annual
report of the Board of Governors, the transaction of such
other business as may be referred to it by the Board, and
the consideration of such additional matters as may be
requested in writing by at least twenty Delegates. Special
conventions of the House may be called by the Board of
Governors to consider only such matters as the Board
shall indicate. A majority of the Delegates who have
registered for a convention, whether annual or special,
shall constitute a quorum to do business.
SEC. 6. Board of Governors.—The Integrated Bar shall be
governed by-a Board of Governors. Nine Governors shall
be elected by the House of Delegates from the nine
Regions on the representa-tion basis of one Governor
from each Region. Each Governor shall be chosen from a
list of nominees submitted by the Delegates from the
Region, provided that no more than one nominee shall
come from any Chapter. The President and the Executive
Vice President, if chosen by the Governors from outside of
themselves as provided in Section 7 of this Rule, shall ipso
facto become members of the Board.
The members of the Board shall hold office for a term of
one year from the date of their election and until their
successors shall have been duly elected and qualified. No
person may be a Governor for more than two terms.
The Board shall meet regularly once every three months,
on such date and at such time and place as it shall
designate. A majority of all the members of the Board
shall constitute a quorum to do business. Special meetings
may be called by the President or by five members of the
Board.
Subject to the approval of the Supreme Court, the Board
shall adopt By-Laws and promulgate Canons of
Professional Responsi-bility for all members of the
Integrated Bar. The By-Laws and the Canons may be
amended by the Supreme Court motu proprio or upon the
recommendation of the Board of Governors.
The Board shall prescribe such other rules and
regulations as may be necessary and proper to carry out
the purposes of the Integrated Bar as well as the
provisions of this Rule.
SEC. 7. Officers.—The Integrated Bar shall have a
President and an Executive Vice President who shall be
chosen by the Governors immediately after the latter's
election, either from among themselves or from other
members of the Integrated Bar by the vote of at least five
Governors. Each of the regional members of the Board
shall be ex officio Vice President for the Region which he
represents.
The President and the Executive Vice President shall hold
office for a term of one year from the date of their election
and until their successors shall have duly qualified. The
Executive Vice President shall automatically become the
President for the next succeeding full term. The
Presidency shall rotate from year to year among all the
nine Regions in such order of rotation as the Board of
Governors shall prescribe. No person shall be President
or Executive Vice President of the Integrated Bar for more
than one term.
The Integrated Bar shall have a Secretary, a Treasurer,
and such other officer and employees as may be required
by the Board of Governors, to be appointed by the
President with the consent of the Board, and to hold office
at the pleasure of the Board or for such term as it may fix.
Said officers and employees need not be members of the
Integrated Bar.
SEC. 8. Vacancies.—In the event the President is absent or
unable to act, his duties shall be performed by the
Executive Vice President; and in the event of the death,
resignation, or removal of the President, the Executive
Vice President shall serve as Acting President during the
remainder of the term of the office thus vacated. In the
event of the death, resignation, removal, or disability of
both the President and the Executive Vice President, the
Board of Governors shall elect an Acting President to hold
office until the next succeeding election or during the
period of disability.
The filling of vacancies in the House of Delegates, Board of
Governors, and all other positions of Officers of the
Integrated Bar shall be as provided in the By-Laws.
Whenever the term of an office or position is for a fixed
period, the person chosen to fill a vacancy therein shall
serve only for the unexpired term.
SEC. 9. Membership dues.—Every member of the
Integrated shall pay such annual dues as the Board of
Governors shall determine with the approval of the
Supreme Court. A fixed sum equivalent to ten percent
(10%) of the collections from each Chapter shall be set
aside as a Welfare Fund for disabled members of the
Chapter and the compulsory heirs of deceased members
thereof.
SEC. 10. Effect of non-payment of dues.—Subject to the
provisions of Section 12 of this Rule, default in the
payment of annual dues for six months shall warrant
suspension of members in the Integrated Bar, and default
in such payment for one year shall be a ground for the
removal of the name of delinquent member from the Roll
of Attorneys.
SEC. 11. Voluntary termination of membership;
reinstate-ment.—A member may terminate his
membership by filing a written notice to that effect with
the Secretary of the Integrated Bar, who shall
immediately bring the matter to the attention of the
Supreme Court. Forthwith he shall cease to be a member
and his name shall be stricken by the Court in accordance
with rules and regulations prescribed by the Board of
Governors and approved by the Court.
SEC. 12. Grievance procedures.—The Board of Governors
shall provide in the By-Laws for grievance procedures for
the enforcement and maintenance of discipline among all
the members of the Integrated Bar, but no action
involving the suspension or disbarment of a member or
the removal of his name from the Roll of Attorneys shall
be effective without the final approval of the Supreme
Court.
SEC. 13. Non-political Bar.—The Integrated Bar shall be
strictly non-political, and every activity tending to impair
this basic feature is strictly prohibited and shall be
penalized accordingly. No lawyer holding an elective,
judicial, quasi-judicial, or prosecutory office in the
Government or any political subdivision or
instrumentality thereof shall be eligible for election or
appointment to any position in the Integrated Bar or any
Chapter thereof. A Delegate, Governor, Officer or
employee of the Integrated Bar, or an officer or employee
of any Chapter thereof shall be considered ipso facto
resigned from his position as of the moment he files his
certificate of candidacy for any elective public office or
accepts appointment to any judicial, quasi-judicial, or
prosecutory office in the Government or any political
subdivision or instrumentality thereof.
SEC. 14. Positions honorary.—Except as may be
specifically authorized or allowed by the Supreme Court,
no Delegate or Governor and no national or local Officer
or committee member shall receive any compensation,
allowance or emolument from the funds of the Integrated
Bar for any service rendered therein or be entitled to
reimbursement for any expense incurred in the discharge
of his functions.
SEC. 15. Fiscal matters.—The Board of Governors shall
administer the funds of the Integrated Bar and shall have
the power to make appropriations and disbursements
therefrom. It shall cause proper Books of Accounts to be
kept and Financial Statements to be rendered and shall
see to it that the proper audit is made of all accounts of
the Integrated Bar and all the Chapters thereof.
SEC. 16. Journal.—The Board of Governors shall cause to
be published a quarterly Journal of the Integrated Bar,
free copies of which shall be distributed to every member
of the Integrated Bar.
SEC. 17. Voluntary Bar associations.—All voluntary Bar
associations now existing or which may hereafter be
formed may co-exist with the Integrated Bar but shall not
operate at cross-purposes therewith.

SEC. 18. Amendments.—This Rule may be amended by

the Supreme Court motu proprio or upon the
recommendation of the Board of Governors or any
Chapter of the Integrated Bar.

SEC. 19. Organizational period.—The Commission on Bar

Integration shall organize the local Chapters and toward
this end shall secure the assistance of the Department of
Justice and of all Judges throughout the Philippines. All
Chapter organizational meetings shall be held on
Saturday, February 17, 1973. In every case, the
Commission shall cause proper notice of the date, time
and place of the meeting to be served upon all the lawyers
concerned at their addresses appearing in the records of
the Commission. The lawyers present at the meeting
called to organize a Chapter shall constitute a quorum for
the purpose, including the election of a President, Vice
President, Secretary, Treasurer, and five Directors.

The Commission shall initially fix the number of Delegates

and apportion the same among all the Chapters as nearly
as may be in proportion to the number of their respective
members, but each chapter shall have at least one
Delegate. The President of each Chapter shall
concurrently be its Delegate to the House of Delegates.
The Vice President shall be his alternate, except where
the Chapter is entitled to have more than one Delegate, in
which case the Vice President shall also be a Delegate. The
Board of Directors of the Chapter shall in proper cases
elect additional as well as alternative Delegates.

The House of Delegates shall convene in the City of Manila

on Saturday, March 17, 1973 for the purpose of electing a
Board of Governors. The Governors shall immediately
assume office and forthwith meet to elect the Officers of
the Integrated Bar. The Officers so chosen shall
immediately assume their respective positions.

SEC. 20. Effectivity.—This Rule shall take effect on

January 16,1973.

--------------------------------------------------------------------------
-----------------------

Rule 139-A which ordained the integration of the

Philippine Bar and the By-Laws of the Integrated Bar of
the Philippines did not withdraw from the courts the
authority to investigate and decide complaints against
erring members of the Bar.

RULE 139-B
Disbarment and Discipline of Attorneys
Section 1. How Instituted. — Proceedings for the
disbarment, suspension, or discipline of attorneys may be
taken by the Supreme Court motu propio, or by the
Integrated Bar of the Philippines (IBP) upon the verified
complaint of any person. The complaint shall state clearly
and concisely the facts complained of and shall be
supported by affidavits of persons having personal
knowledge of the facts therein alleged and/or by such
documents as may substantiate said facts.
The IBP Board of Governors may, motu propio or upon
referral by the Supreme Court or by a Chapter Board of
Officers, or at the instance of any person, initiate and
prosecute proper charges against erring attorneys
including those in the government service.
Six (6) copies of the verified complaint shall be filed with
the Secretary of the IBP or the Secretary of any of its
chapter who shall forthwith transmit the same to the IBP
Board of Governors for assignment to an investigator.
A. PROCEEDINGS IN THE INTEGRATED BAR OF THE
PHILIPPINES
Section 2. National Grievance Investigators. — The Board
of Governors shall appoint from among IBP members an
Investigator or, when special circumstances so warrant, a
panel of three (3) investigators to investigate the
complaint. All Investigators shall take an oath of office in
the form prescribed by the Board of Governors. A copy of
the Investigator's appointment and oath shall be
transmitted to the Supreme Court.
An Investigator may be disqualified by reason of
relationship within the fourth degree of consanguinity of
affinity to any of the parties of their counsel, pecuniary
interest, personal bias, or his having acted as counsel to
his acting as such Investigator. Where the Investigator
does not disqualify himself, a party may appeal to the IBP
Board of Governors, which by majority vote of the
members present, there being a quorum, may order his
disqualification.
Any Investigator may also be removed for cause, after due
hearing, by the vote of at least six (6) members of the IBP
Board of Governors. The decision of the Board of
Governors in all cases of disqualification or removal shall
be final.
Section 3. Duties of the National Grievance Investigator.
— The National Grievance Investigators shall investigate
all complaints against members of the Integrated Bar
referred to them by the IBP Board of Governors.
Section 4. Chapter assistance to complainant. — The
proper IBP Chapter may assist the complainant(s) in the
preparation and filing of his complaint(s).
Section 5. Service or dismissal. — If the complaint
appears to be meritorious, the Investigator shall direct
that a copy thereof be served upon the respondent,
requiring him to answer the same within fifteen (15) days
from the date of service. If the complaint does not merit
action, 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 Supreme
Court which may review the case motu propio or upon
timely appeal of the complainant filed within 15 days
from notice of the dismissal of the complainant.
No investigation shall be interrupted or terminated by
reason of the desistance, settlement, compromise,
restitution, withdrawal of the charges, or failure of the
complainant to prosecute the same, unless the Supreme
Court motu propio or upon recommendation of the IBP
Board of Governors, determines that there is no
compelling reason to continue with the disbarment or
suspension proceedings against the respondent.
(Amendment pursuant to Supreme Court Resolution
dated May 27, 1993 re Bar Matter 356).
Section 6. Verification and service of answer. — The
answer shall be verified. Theoriginal and 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.
Section 7. Administrative counsel. — The IBP Board of
Governors shall appoint a suitable member of the
Integrated Bar as counsel to assist the complainant of the
respondent during the investigation in case of need for
such assistance.
Section 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 have the power to issue
subpoenas and administer oaths. The respondent shall be
given full opportunity to defend himself, to present
witnesses on his behalf, and be heard by himself and
counsel. However, if upon reasonable notice, the
respondent fails to appear, the investigation shall proceed
ex parte.
The Investigator shall terminate the investigation within
three (3) months from the date of its commencement,
unless extended for good cause by the Board of Governors
upon prior application.
Willful failure or refusal to obey a subpoena or any other
lawful order issued by the Investigator shall be dealt with
as for indirect contempt of court. The corresponding
charge 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 Governors may thereafter
conduct hearings, if necessary, in accordance with the
procedure set forth in this Rule for hearings before the
Investigator. Such hearing shall as far as practicable be
terminated within fifteen (15) days from its
commencement. Thereafter, the IBP Board of Governors
shall within a like period of fifteen (15) days issue a
resolution setting forth its findings and
recommendations, which shall forthwith be transmitted
to the Supreme Court for final action and if warranted, the
imposition of penalty.
Section 9. Depositions. — Depositions may be taken in
accordance with the Rules of Court with leave of the
investigator(s).

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.
Depositions may be taken outside the Philippines before
diplomatic or consular representative of the Philippine
Government or before any person agreed upon by the
parties or designated by the Board of Governors.
Any suitable member of the Integrated Bar in the place
where a deposition shall be taken may be designated by
the Investigator to assist the complainant or the
respondent in taking a deposition.
Section 10. Report of Investigator. — Not later
than thirty (30) days from the termination of the
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 transcript thereof, and all the
evidence presented during the investigation. The
submission of the report need not await the transcription
of the stenographic notes, it being sufficient that the
report reproduce substantially from the Investigator's
personal notes any relevant and pertinent testimonies.
Section 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 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 circumstances may warrant,
including invalidation of the entire proceedings.
Section 12. Review and decision by the Board of
Governors.
a) Every case heard by an investigator shall be
reviewed by the IBP Board of Governors 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 the facts
and the reasons on which it is based. It shall be
promulgated within a period not exceeding thirty (30)
days from the next meeting of the Board following the
submittal of the Investigator's Report.
b) If the Board, by the vote of a majority of its
total membership, determines that the respondent should
be suspended from the practice of law or disbarred, it
shall issue a resolution setting forth its findings and
recommendations which, together with the whole record
of the case, shall forthwith be transmitted to the Supreme
Court for final action.
c) If the respondent is exonerated by the Board or
the disciplinary sanction imposed by it is 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 terminated unless upon petition of the
complainant or other interested party filed with the
Supreme Court within fifteen (15) days from notice of the
Board's resolution, the Supreme Court orders otherwise.
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.
B. PROCEEDINGS IN THE SUPREME COURT
Section 13. Supreme Court Investigation. — In
proceedings initiated motu propio by the Supreme Court
or in other proceedings when the interest of justice so
requires, the Supreme Court may refer the case for
investigation to the Solicitor-General or to any officer of
the Supreme Court 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
of the report of investigation shall be conducted directly
by the Supreme Court.
Section 14. Report of the Solicitor General of
other Court-designated Investigator. — Based upon the
evidence adduced at the investigation, the Solicitor
General or other Investigator designated by the Supreme
Court shall submit to the Supreme Court a report
containing his findings of fact and recommendations for
the final action of the Supreme Court.
C. COMMON PROVISIONS
Section 15. Suspension of attorney by Supreme
Court. — After receipt of respondent's answer or lapse of
the period therefor, the Supreme Court, motu propio, or
at the instance of the IBP Board of Governors upon the
recommendation of the Investigator, may suspend an
attorney 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 Court.
Section 16. Suspension of attorney by the Court
of Appeals or a Regional Trial Court. 1 — The Court of
Appeals or Regional Trial Court may suspend an attorney
from practice for any of the causes named in Rule 138,
Section 27 2, until further action of the Supreme Court in
the case.
Section 17. Upon suspension by Court of
Appeals or Regional Trial Court, further proceedings in
Supreme Court. — Upon such suspension, the Court of
Appeals or a Regional Trial Court shall forthwith transmit
to the Supreme Court a certified copy of the order of
suspension and a full statement of the facts upon which
the same was based. Upon receipt of such certified copy
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.
Section 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.
Section 19. Expenses. — All reasonable and
necessary expenses incurred in relation to disciplinary
and disbarment proceedings are lawfull charges for which
the parties may be taxed as costs.
Section 20. Effectivity and Transitory Provision.
— This Rule shall take effect 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.