I, do solemnly swear that I will maintain unlawful, dishonest, immoral or deceitful allegiance to the Republic of the conduct. Philippines, I will support the Constitution Rule 1.02 - A lawyer shall not counsel or and obey the laws as well as the legal orders abet activities aimed at defiance of the of the duly constituted authorities therein; law or at lessening confidence in the I will do no falsehood, nor consent to the legal system. 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 Rule 1.03 - A lawyer shall not, for any money or malice, and will conduct myself as corrupt motive or interest, encourage any a lawyer according to the best of my suit or proceeding or delay any man's knowledge and discretion, with all good cause. 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. Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. CODE OF PROFESSIONAL RESPONSIBILITY (Promulgated June 21, 1988) CANON 2 - A LAWYER SHALL MAKE CHAPTER I. THE LAWYER AND HIS LEGAL SERVICES AVAILABLE IN SOCIETY AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE CANON 1 - A LAWYER SHALL UPHOLD INDEPENDENCE, INTEGRITY AND THE CONSTITUTION, OBEY THE EFFECTIVENESS OF THE LAWS OF THE LAND AND PROMOTE PROFESSION. RESPECT FOR LAW OF AND LEGAL PROCESSES. Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the Rule 3.02 - In the choice of a firm name, lawyer does not accept a case, he shall no false, misleading or assumed name not refuse to render legal advice to the shall be used. The continued use of the person concerned if only to the extent name of a deceased partner is necessary to safeguard the latter's rights. permissible provided that the firm indicates in all its communications that said partner is deceased.
Rule 2.03 - A lawyer shall not do or permit
to be done any act designed primarily to solicit legal business. Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name shall be dropped from the firm name unless the law allows him Rule 2.04 - A lawyer shall not charge to practice law currently. rates lower than those customarily prescribed unless the circumstances so warrant. Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in CANON 3 - A LAWYER IN MAKING return for, publicity to attract legal KNOWN HIS LEGAL SERVICES SHALL business. USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
Rule 3.01 - A lawyer shall not use or
permit the use of any false, fraudulent, misleading, deceptive, undignified, self- laudatory or unfair statement or claim regarding his qualifications or legal services. CANON 4 - A LAWYER SHALL concealment of witnesses capable of PARTICIPATE IN THE DEVELOPMENT establishing the innocence of the OF THE LEGAL SYSTEM BY accused is highly reprehensible and is INITIATING OR SUPPORTING cause for disciplinary action. EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE Rule 6.02 - A lawyer in the government ADMINISTRATION OF JUSTICE. service shall not use his public position to promote or advance his private interests, CANON 5 - A LAWYER SHALL KEEP nor allow the latter to interfere with his ABREAST OF LEGAL public duties. DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO Rule 6.03 - A lawyer shall not, after ACHIEVE HIGH STANDARDS IN LAW leaving government service, accept SCHOOLS AS WELL AS IN THE engagement or employment in PRACTICAL TRAINING OF LAW connection with any matter in which he STUDENTS AND ASSIST IN had intervened while in said service. DISSEMINATING THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL
APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.
Rule 6.01 - The primary duty of a lawyer
engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing RULE 138 of any in court; I will not wittingly or willingly promote or sue any Attorneys and Admission to Bar 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 Section 1. Who may practice law. — Any according to the best of may person heretofore duly admitted as a member knowledge and discretion with all good of the bar, or hereafter admitted as such in fidelity as well as to the courts as to my accordance with the provisions of this rule, and clients; and I impose upon myself this who is in good and regular standing, is entitled voluntary obligation without any mental to practice law. reservation or purpose of evasion. So help me God. Section 2. Requirements for all applicants for admission to the bar. — Every applicant for Section 4. Requirements for applicants from admission as a member of the bar must be a other jurisdictions. — Applicants for admission citizen of the Philippines, at least twenty-one who, being Filipino citizens, are enrolled years of age, of good moral character, and attorneys in good standing in the Supreme resident of the Philippines; and must produce Court of the United States or in any circuit court before the Supreme Court satisfactory of appeals or district court therein, or in the evidence of good moral character, and that no highest court of any State or Territory of the charges against him, involving moral turpitude, United States, and who can show by have been filed or are pending in any court in satisfactory certificates that they have the Philippines. practiced at least five years in any of said courts, that such practice began before July 4, Section 3. Requirements for lawyers who are 1946, and that they have never been citizens of the United States of America. — suspended or disbarred, may, in the discretion Citizens of the United States of America who, of the Court, be admitted without examination. before July 4, 1946, were duly licensed members of the Philippine Bar, in active Section 5. Additional requirements for other practice in the courts of the Philippines and in applicants. — All applicants for admission other good and regular standing as such may, upon than those referred to in the two preceding satisfactory proof of those facts before the section shall, before being admitted to the Supreme Court, be allowed to continue such examination, satisfactorily show that they have practice after taking the following oath of office: regularly studied law for four years, and successfully completed all prescribed courses, I . . . . . . . . . . . . . . . . . . . . . . . . . . ., in a law school or university, officially approved having been permitted to continue in and recognized by the Secretary of Education. the practice of law in the Philippines, do The affidavit of the candidate, accompanied by solemnly swear that I recognize the a certificate from the university or school of law, supreme authority of the Republic of shall be filed as evidence of such facts, and the Philippines; I will support its further evidence may be required by the court. Constitution and obey the laws as well 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, Section 8. Notice of Applications. — Notice of remedial law, criminal law, public and private applications for admission shall be published international law, political law, labor and social by the clerk of the Supreme Court in legislation, medical jurisprudence, taxation and newspapers published in Pilipino, English and legal ethics. Spanish, for at least ten (10) days before the beginning of the examination.
Section 6. Pre-Law. — No applicant for
admission to the bar examination shall be Section 9. Examination; subjects. — admitted unless he presents a certificate that Applicants, not otherwise provided for in he has satisfied the Secretary of Education sections 3 and 4 of this rule, shall be subjected that, before he began the study of law, he had to examinations in the following subjects: Civil pursued and satisfactorily completed in an Law; Labor and Social Legislation; Mercantile authorized and recognized university or Law; Criminal Law; Political Law college, requiring for admission thereto the (Constitutional Law, Public Corporations, and completion of a four-year high school course, Public Officers); International Law (Private and the course of study prescribed therein for a Public); Taxation; Remedial Law (Civil bachelor's degree in arts or sciences with any Procedure, Criminal Procedure, and of the following subjects as major or field of Evidence); Legal Ethics and Practical concentration: political science, logic, english, Exercises (in Pleadings and Conveyancing). spanish, history and economics.
Section 10. Bar examination, by questions and
Section 7. Time for filing proof of qualifications. answers, and in writing. — Persons taking the — All applicants for admission shall file with the examination shall not bring papers, books or clerk of the Supreme Court the evidence notes into the examination rooms. The required by section 2 of this rule at least fifteen questions shall be the same for all examinees (15) days before the beginning of the and a copy thereof, in English or Spanish, shall examination. If not embraced within section 3 be given to each examinee. Examinees shall and 4 of this rule they shall also file within the answer the questions personally without help same period the affidavit and certificate from anyone. required by section 5, and if embraced within sections 3 and 4 they shall exhibit a license Upon verified application made by an evidencing the fact of their admission to examinee stating that his penmanship is so practice, satisfactory evidence that the same poor that it will be difficult to read his answers has not been revoked, and certificates as to without much loss of time., the Supreme Court their professional standing. Applicants shall may allow such examinee to use a typewriter in also file at the same time their own affidavits as answering the questions. Only noiseless to their age, residence, and citizenship. typewriters shall be allowed to be used. The committee of bar examiner shall take such Section 13. Disciplinary measures. — No precautions as are necessary to prevent the candidate shall endeavor to influence any substitution of papers or commission of other member of the committee, and during frauds. Examinees shall not place their names examination the candidates shall not on the examination papers. No oral communicate with each other nor shall they examination shall be given. 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 Section 11. Annual examination. — against him, and further disciplinary action, Examinations for admission to the bar of the including permanent disqualification, may be Philippines shall take place annually in the City taken in the discretion of the court. 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 Section 14. Passing average. — In order that International Law (morning) and Labor and a candidate may be deemed to have passed Social Legislation (afternoon); Second day: his examinations successfully, he must have Civil Law (morning) and Taxation (afternoon); obtained a general average of 75 per cent in all Third day: Mercantile Law (morning) and subjects, without falling below 50 per cent in Criminal Law (afternoon); Fourth day: any subjects. In determining the average, the Remedial Law (morning) and legal Ethics and subjects in the examination shall be given the Practical Exercises (afternoon). 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 Section 12. Committee of examiners. — cent; Taxation, 10 per cent; Remedial Law, 20 Examinations shall be conducted by a per cent; Legal Ethics and Practical Exercises, committee of bar examiners to be appointed by 5 per cent. 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, Section 15. Report of the committee; filing of and eight members of the bar of the examination papers. — Not later than February Philippines, who shall hold office for a period of 15th after the examination, or as soon one year. The names of the members of this thereafter as may be practicable, the committee shall be published in each volume committee shall file its report on the result of of the official reports. 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 (a) To maintain allegiance to the course. — Candidates who have failed the bar Republic of the Philippines and to examinations for three times shall be support the Constitution and obey the disqualified from taking another examination laws of the Philippines. unless they show the satisfaction of the court that they have enrolled in and passed regular (b) To observe and maintain the fourth year review classes as well as attended respect due to the courts of justice and a pre-bar review course in a recognized law judicial officers; school. (c) To counsel or maintain such actions The professors of the individual review subjects or proceedings only as appear to him to attended by the candidates under this rule shall be just, and such defenses only as he certify under oath that the candidates have believes to be honestly debatable regularly attended classes and passed the under the law. subjects under the same conditions as ordinary students and the ratings obtained by them in (d) To employ, for the purpose of the particular subject. 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 Section 17. Admission and oath of successful by an artifice or false statement of fact applicants. — An applicant who has passed the or law; required examination, or has been otherwise found to be entitled to admission to the bar, (e) To maintain inviolate the shall take and subscribe before the Supreme confidence, and at every peril to Court the corresponding oath of office. 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 Section 18. Certificate. — The supreme Court and approval; shall thereupon admit the applicant as a member of the bar for all the courts of the (f) To abstain from all offensive Philippines, and shall direct an order to be personality and to advance no fact entered to that effect upon its records, and that prejudicial to the honor or reputation of a certificate of such record be given to him by a party or witness, unless required by the clerk of court, which certificate shall be his the justice of the cause with which he is authority to practice. charged;
(g) Not to encourage either the
commencement or the continuance of Section 19. Attorney's roll. — The clerk of the an action or proceeding, or delay any Supreme Court shall kept a roll of all attorneys man's cause, from any corrupt motive admitted to practice, which roll shall be signed or interest; by the person admitted when he receives his certificate. (h) Never to reject, for any consideration personal to himself, the Section 20. Duties of attorneys. — It is the duty cause of the defenseless or oppressed; of an attorney: (i) In the defense of a person accused Section 24. Compensation of attorneys; of crime, by all fair and honorable agreement as to fees. — An attorney shall be means, regardless of his personal entitled to have and recover from his client no opinion as to the guilt of the accused, more than a reasonable compensation for his to present every defense that the law services, with a view to the importance of the permits, to the end that no person may subject matter of the controversy, the extent of be deprived of life or liberty, but by due the services rendered, and the professional process of law. standing of the attorney. No court shall be bound by the opinion of attorneys as expert Section 21. Authority of attorney to appear. — witnesses as to the proper compensation, but an attorney is presumed to be properly may disregard such testimony and base its authorized to represent any cause in which he conclusion on its own professional knowledge. appears, and no written power of attorney is A written contract for services shall control the required to authorize him to appear in court for amount to be paid therefor unless found by the his client, but the presiding judge may, on court to be unconscionable or unreasonable. motion of either party and on reasonable grounds therefor being shown, require any Section 25. Unlawful retention of client's attorney who assumes the right to appear in a funds; contempt. — When an attorney unjustly case to produce or prove the authority under retains in his hands money of his client after it which he appears, and to disclose, whenever has been demanded, he may be punished for pertinent to any issue, the name of the person contempt as an officer of the Court who has who employed him, and may thereupon make misbehaved in his official transactions; but such order as justice requires. An attorneys proceedings under this section shall not be a wilfully appear in court for a person without bar to a criminal prosecution. being employed, unless by leave of the court, may be punished for co Section 26. Change of attorneys. — An attorney may retire at any time from any action ntempt as an officer of the court who has or special proceeding, by the written consent of misbehaved in his official transactions. his client filed in court. He may also retire at any time from an action or special proceeding, Section 22. Attorney who appears in lower without the consent of his client, should the court presumed to represent client on appeal. court, on notice to the client and attorney, and — An attorney who appears de parte in a case on hearing, determine that he ought to be before a lower court shall be presumed to allowed to retire. In case of substitution, the continue representing his client on appeal, name of the attorney newly employed shall be unless he files a formal petition withdrawing his entered on the docket of the court in place of appearance in the appellate court. the former one, and written notice of the change shall be given to the advance party. Section 23. Authority of attorneys to bind clients. — Attorneys have authority to bind their A client may at any time dismiss his attorney or clients in any case by any agreement in relation substitute another in his place, but if the thereto made in writing, and in taking appeals, contract between client and attorney has been and in all matters of ordinary judicial procedure. reduced to writing and the dismissal of the But they cannot, without special authority, attorney was without justifiable cause, he shall compromise their client's litigation, or receive be entitled to recover from the client the full anything in discharge of a client's claim but the compensation stipulated in the contract. full amount in cash. However, the attorney may, in the discretion of the court, intervene in the case to protect his Section 30. Attorney to be heard before rights. For the payment of his compensation removal or suspension. — No attorney shall be the attorney shall have a lien upon all removed or suspended from the practice of his judgments for the payment of money, and profession, until he has had full opportunity executions issued in pursuance of such upon reasonable notice to answer the charges judgment, rendered in the case wherein his against him, to produce witnesses in his own services had been retained by the client. behalf, and to be heard by himself or counsel. But if upon reasonable notice he fails to appear Section 27. Attorneys removed or suspended and answer the accusation, the court may by Supreme Court on what grounds. — A proceed to determine the matter ex parte. member of the bar may be removed or suspended from his office as attorney by the Section 31. Attorneys for destitute litigants. — Supreme Court for any deceit, malpractice, or A court may assign an attorney to render other gross misconduct in such office, grossly professional aid free of charge to any party in a immoral conduct, or by reason of his conviction case, if upon investigation it appears that the of a crime involving moral turpitude, or for any party is destitute and unable to employ an violation of the oath which he is required to take attorney, and that the services of counsel are before the admission to practice, or for a wilfull necessary to secure the ends of justice and to disobedience of any lawful order of a superior protect the rights of the party. It shall be the court, or for corruptly or willful appearing as an duty of the attorney so assigned to render the attorney for a party to a case without authority required service, unless he is excused so to do. The practice of soliciting cases at law therefrom by the court for sufficient cause for the purpose of gain, either personally or shown. through paid agents or brokers, constitutes malpractice. Section 32. Compensation for attorneys de oficio. — Subject to availability of funds as may Section 28. Suspension of attorney by the be provided by the law the court may, in its Court of Appeals or a Court of First Instance. discretion, order an attorney employed as — The Court of Appeals or a Court of First counsel de oficio to be compensates in such Instance may suspend an attorney from sum as the court may fix in accordance with practice for any of the causes named in the last section 24 of this rule. Whenever such preceding section, and after such suspension compensation is allowed, it shall be not less such attorney shall not practice his profession than thirty pesos (P30) in any case, nor more until further action of the Supreme Court in the than the following amounts: (1) Fifty pesos premises. (P50) in light felonies; (2) One hundred pesos (P100) in less grave felonies; (3) Two hundred Section 29. Upon suspension by the Court of pesos (P200) in grave felonies other than Appeals or Court of First Instance, further capital offenses; (4) Five Hundred pesos proceedings in Supreme Court. — Upon such (P500) in capital offenses. suspension, the Court of Appeals or the Court of First Instance shall forthwith transmit to the Section 33. Standing in court of person Supreme Court a certified copy of the order of authorized to appear for Government. — Any suspension and a full statement of the facts official or other person appointed or designated upon which the same was based. Upon the in accordance with law to appear for the receipt of such certified copy and statement, Government of the Philippines shall have all the Supreme Court shall make a full the rights of a duly authorized member of the investigation of the facts involved and make bar to appear in any case in which said such order revoking or extending the government has an interest direct or indirect. suspension, or removing the attorney from his office as such, as the facts warrant. 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.