RULE 138 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
Attorneys and Admission to Bar
evidence of such facts, and further evidence may be required by the court.

Section 1. Who may practice law. — Any person heretofore duly admitted as a member of
No applicant shall be admitted to the bar examinations unless he has satisfactorily
the bar, or hereafter admitted as such in accordance with the provisions of this rule, and
completed the following courses in a law school or university duly recognized by the
who is in good and regular standing, is entitled to practice law.
government: civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence,
Section 2. Requirements for all applicants for admission to the bar. — Every applicant for taxation and legal ethics.
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
Section 6. Pre-Law. — No applicant for admission to the bar examination shall be
before the Supreme Court satisfactory evidence of good moral character, and that no
admitted unless he presents a certificate that he has satisfied the Secretary of Education
charges against him, involving moral turpitude, have been filed or are pending in any
that, before he began the study of law, he had pursued and satisfactorily completed in an
court in the Philippines.
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
Section 3. Requirements for lawyers who are citizens of the United States of America. — bachelor's degree in arts or sciences with any of the following subjects as major or field of
Citizens of the United States of America who, before July 4, 1946, were duly licensed concentration: political science, logic, english, spanish, history and economics.
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
Section 7. Time for filing proof of qualifications. — All applicants for admission shall file
Supreme Court, be allowed to continue such practice after taking the following oath of
with the clerk of the Supreme Court the evidence required by section 2 of this rule at least
office:
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
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice required by section 5, and if embraced within sections 3 and 4 they shall exhibit a license
of law in the Philippines, do solemnly swear that I recognize the supreme evidencing the fact of their admission to practice, satisfactory evidence that the same has
authority of the Republic of the Philippines; I will support its Constitution and not been revoked, and certificates as to their professional standing. Applicants shall also
obey the laws as well as the legal orders of the duly constituted authorities file at the same time their own affidavits as to their age, residence, and citizenship.
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,
Section 8. Notice of Applications. — Notice of applications for admission shall be
nor give aid nor consent to the same; I will delay no man for money or malice,
published by the clerk of the Supreme Court in newspapers published in Pilipino, English
and will conduct myself as a lawyer according to the best of may knowledge
and Spanish, for at least ten (10) days before the beginning of the examination.
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 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
Section 4. Requirements for applicants from other jurisdictions. — Applicants for
Law, Public Corporations, and Public Officers); International Law (Private and Public);
admission who, being Filipino citizens, are enrolled attorneys in good standing in the
Taxation; Remedial Law (Civil Procedure, Criminal Procedure, and Evidence); Legal
Supreme Court of the United States or in any circuit court of appeals or district court
Ethics and Practical Exercises (in Pleadings and Conveyancing).
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 Section 10. Bar examination, by questions and answers, and in writing. — Persons taking
suspended or disbarred, may, in the discretion of the Court, be admitted without the examination shall not bring papers, books or notes into the examination rooms. The
examination. 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.
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,
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.
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.

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