LEGAL PROFESSION

EH 204

24 OCTOBER 2019

1. REQUISITES TO TAKE THE BAR

Rule 138 (Rules of Court)

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 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.
2. REQUISITES TO PRACTICE LAW

Education

While admission to the practice of law is the sole prerogative of the Supreme Court, the
accreditation of law schools falls within the competence of the Legal Education Board.
However, the Legal Education Board, which was established in 1993, only began operating in
late 2009, and has yet to prescribe the basic curriculum for the study of law.

In any case, to be able to take up law, one must first complete “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.”[1]These majors are, however,
merely directory and not mandatory, as one can gain admission to a duly accredited law
school, provided his or her bachelor’s degree meets the minimum requirements of the
admitting law school.

To be eligible to take the bar examinations, a candidate must complete courses in “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”.

Admission To The Practice Of Law

After successfully completing the requisite number of course units towards the awarding of
a law degree, a candidate can file an application to take the bar examinations, provided he
or she is“a citizen of the Philippines, at least twenty-one years of age, of good moral
character, and a resident of the Philippines”.

The bar examinations are held once a year in the City of Manila, over a period of four (4)
days, with the first day being devoted to Political and International Law (morning) and Labor
and Social Legislation (afternoon); the second day, to Civil Law (morning) and Taxation
(afternoon); the third day, to Mercantile Law (morning) and Criminal Law (afternoon); and
the fourth day, to Remedial Law (morning) and Legal Ethics and Practical Exercises
(afternoon). For the first three days, the relative weight of each morning subject is 15 per
cent, while that of each afternoon subject is 10 per cent; on the last day, the relative weights
of the morning and afternoon subjects are 20 per cent and 5 per cent, respectively.

To pass the bar examinations, a candidate must obtain “a general average of 75 per cent in
all subjects, without falling below 50 per cent in any subject.” The successful candidate is
entitled to take the oath of office, receive his or her certificate of membership to the
Philippine Bar, and, finally, sign the roll of attorneys admitted to practice. Only then does the
passer of the bar examinations officially become a lawyer and can use the title of
“Attorney”.

BAR EXAM

Once admitted to the practice of law, a lawyer must remain in good standing in order to
maintain such practice. This includes being a member of and paying the yearly dues to the
Integrated Bar of the Philippines[3](“IBP”), evidence of which is reflected in the IBP official
receipt number which must be stated in all pleadings, motions and papers signed and filed
by lawyers before Philippine courts.[4]The consequences of using an outdated IBP official
number include the court not acting upon said pleading, motion or paper and disciplining
the non-complying lawyer.[5]In extreme cases, the use of an expired IBP official receipt
number can lead to the dismissal of a case.[6]

Besides maintaining membership in the IBP, a practicing lawyer must also comply with the
requirements on Mandatory Continuing Legal Education[7](“MCLE”), which entails
completing “every three (3) years at least thirty-six (36) hours of continuing legal education
activities approved by the MCLE Committee”,[8]unless exempt.[9]As with the IBP official
receipt number, practicing members of the bar are required to indicate the number and
date of issue of their MCLE Certificate of Compliance “in all pleadings filed before the courts
or quasi-judicial bodies”.

3. LAWYER’S OATH

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will
support the 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, or
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 my knowledge and discretion, with all good
fidelity as well to the courts as to my clients; and I impose upon myself these voluntary
obligations without any mental reservation or purpose of evasion. So help me God.

Resources:

BATASnatin: “Lawyer’s Oath” Retrieved from:

https://batasnatin.com/law-library/legal-ethics-and-practical-exercises/lawyers-oath.html
Retrieved on: 24 October 2019

Chan Robles Virtual Law Library: “Attorneys and Admission to Bar” Retrieved from:
http://www.chanrobles.com/rulesofcourtrule138.htm#.XbGs0ehKi01 Retrieved on: 24
October 2019

International Bar Association: “How to Qualify as Lawyer in the Philippines” Retrieved from:
https://www.ibanet.org/PPID/Constituent/Student_Committee/qualify_lawyer_Philippines.
aspx Retrieved on: 24 October 2019
The LawPhil Project: “Rule 138 Attorneys and Admission to Bar” Retrieved from:
https://lawphil.net/courts/rules/rc_138_bar.html Retrieved on: 24 October 2019