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 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.
No applicant shall be admitted to the bar examinations
unless he has satisfactorily completed the following
courses in a law school or university duly recognized by the
government: civil 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. — 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. — 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
passed the subjects under the same conditions as 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 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.
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.
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 party; 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.

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
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES.
Rule 20.01 - A lawyer shall be guided by the following
factors in determining his fees:
(a) the time spent and the extent of the service rendered
or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result
of acceptance of the proffered case;
(f) The customary charges for similar services and the
schedule of fees of the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the
benefits resulting to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional
or established; and
(j) The professional standing of the lawyer.
Rule 20.02 - A lawyer shall, in case of referral, with the
consent of the client, be entitled to a division of fees in
proportion to the work performed and responsibility
assumed.
Rule 20.03 - A lawyer shall not, without the full knowledge
and consent of the client, accept any fee, reward, costs,
commission, interest, rebate or forwarding allowance or
other compensation whatsoever related to his
professional employment from anyone other than the
client.
Rule 20.04 - A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to judicial
action only to prevent imposition, injustice or fraud.
CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER
THE ATTORNEY-CLIENT RELATION IS TERMINATED.
Rule 21.01 - A lawyer shall not reveal the confidences or
secrets of his client except;
(a) When authorized by the client after acquainting him of
the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself,
his employees or associates or by judicial action.
Rule 21.02 - A lawyer shall not, to the disadvantage of his
client, use information acquired in the course of
employment, nor shall he use the same to his own
advantage or that of a third person, unless the client with
full knowledge of the circumstances consents thereto.
Rule 21.03 - A lawyer shall not, without the written
consent of his client, give information from his files to an
outside agency seeking such information for auditing,
statistical, bookkeeping, accounting, data processing, or
any similar purpose.
Rule 21.04 - A lawyer may disclose the affairs of a client of
the firm to partners or associates thereof unless
prohibited by the client.
Rule 21.05 - A lawyer shall adopt such measures as may be
required to prevent those whose services are utilized by
him, from disclosing or using confidences or secrets of the
clients.
Rule 21.06 - A lawyer shall avoid indiscreet conversation
about a client's affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been
consulted about a particular case except to avoid possible
conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES
ONLY FOR GOOD CAUSE AND UPON NOTICE
APPROPRIATE IN THE CIRCUMSTANCES.
Rule 22.01 - A lawyer may withdraw his services in any of
the following case:chanroblesvirtuallawlibrary
(a) When the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct
violative of these canons and rules;
(c) When his inability to work with co-counsel will not
promote the best interest of the client;

(d) When the mental or physical condition of the lawyer

renders it difficult for him to carry out the employment
effectively;

(e) When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;

(f) When the lawyer is elected or appointed to public

office; and
(g) Other similar cases.

Rule 22.02 - A lawyer who withdraws or is discharged shall,

subject to a retainer lien, immediately turn over all papers
and property to which the client is entitled, and shall
cooperative with his successor in the orderly transfer of
the matter, including all information necessary for the
proper handling of the matter.