Rule 138 - time for filing proof of qualifications = at least 15 days

Attorneys and Admission to the Bar before the beginning of the exam with the clerk of the
Who may practice law? Supreme Court
- Within our jurisdiction, those admitted to the bar and
in good and regular standing Section 8 of Rule 138
- notice of application
How can you become a member of the bar? - published 10 days before the exam
Sec. 2 of Rule 138
“Every applicant for admission as a member of the bar Section 9 of Rule 138
must be a citizen of the Philippines, at least 21 years of - Exam Subjects:
age, of good moral character and a resident of the 1. Civil Law (15%)
Philippines, and must produce before the Supreme 2. Labor and Social Legislation (10%)
Court satisfactory evidence of good moral character and 3. Mercantile Law (15%)
that no charges against him involving moral turpitude – Negotiable Instruments
have been filed or are pending on any court in the - Corporation Law
Philippines.” 4. Criminal Law (10%)
Requirements to be admitted as a member of the bar: 5. Political law (15%)
1. Filipino Citizen – Constitutional Law
2. Resident - International Law (Public and Private)
3. At least 21 years of age - Election Law
4. No charges involving moral turpitude - Administrative Law
6. Taxation Law (10%)
How can one show allegiance? 7. Remedial Law (20%)
- By obeying the laws and the constitution - Special Penal Laws
- Civil Procedure
Birth Certificate - Criminal Procedure
- best evidence that one is a citizen of the Philippines - Rules of Court
- if there is no birth certificate, the applicant will have to - Evidence
be registered late 8. Basic Legal Ethics and Practical Exercises in
Pleading and Conveyancing (5%)
July 4, 1946
- Philippine independence from USA Passing Rate
*Parity Rights - At least 75%
- rights given to the Americans are also given to the - No subject or exam obtained less than 50%
Filipinos and vice versa
Note: If you fail the bar, you can take it 3 times but after
Section 5 of Rule 138 3 failing attempts, you will take refresher classes and a
- additional requirements pre-bar review which must be certified by your
- completion of high school education and study of law professors.
for 4 years - Unlimited takes ang bar basta every 3 years may
refresher
Section 6 of Rule 138
- pre-law; not exclusive Section 12 of Rule 138
- committee of examiners
Section 7 of Rule 138 - chairman and 8 members
- each examiner per subject

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Before Practicing Law
1. Oath Taking
2. Certification given by the SC signed by the Chief
Justice and examiners
3. Signing the Roll of Attorneys
4. Payment of IBP Dues
5. Payment of Professional Tax Receipt (PTR)
Note: You may choose your residency or any other
place in the Philippines as your IBP
Certification of Admission to the Bar, PTR
- best evidence to prove authority of attorney to appear
Section 20 of Rule 138
Duties of an Attorney
1. To maintain allegiance to the Republic of the
Philippines
2. To maintain the respect due to the courts of
justice and judicial officers
3. 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
4. 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 of false statement of fact or law
5. To maintain inviolate the confidence, and at
every peril to himself, to preserve the secret of
his client, and to accept no compensation in
connection with his client’s business except
from him with his knowledge and approval
6. 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
- there is privileged communication between
client and atty. so any of their communication is
considered private and may not be inquired into
by others (subject to certain exceptions in Code
of professional responsibility)
7. 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
8. Never to reject, for any consideration personal
to himself, the cause of the defenseless or
oppressed
- Is never to reject an absolute rule? NO, there
are valid reasons to reject. e.g. not an expert,
health reasons, safety reasons, proximity,
conflict of interest
9. In the defense of a person accused of a 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 of Rule 138
- authority of atty. to appear
Section 22 of Rule 138
- an atty. who appears in the lower court is presumed to
represent the client on appeal
Section 23 of Rule 138
- authority of attorneys to bind client
- there must be a written agreement for the atty. to be
able to bind the client
Section 26 of Rule 138
- change of atty.
Special Authority
- special power of atty.
Section 37 of Rule 138
- atty.’s lien
Measure of Atty.’s Compensation
1. extent of services rendered
2. professional standing
3. importance of subject matter
Written Contract / Retainer’s Contract
- it will be the measure of the compensation to be paid
to the lawyer
- the law between the parties and must be complied
with in good faith
- most important measure
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Quantum Meruit
- as much as he has deserved
- applies only when there is no contract
- applies when the fee is unconscionable
Note: The court may intervene in a case against his
client that refuses to pay, provided that there is a
permission from the court
Lawyer and Client Relationship is Based on Trust and
Confidence
- But the lawyer may only retire if he has consent of his
client or if none, he may ask the court to notify his client
- the client may at anytime change his lawyer because
they have either an employer-employee relationship
(EER) or a principal-agent relationship
When the lawyer terminates his services for client,
how will he be compensated?
- If there is a contract = based on contract
- If there is no contract = no compensation beyond
quantum meruit
If the client changes his lawyer, how will his former
lawyer be compensated?
- If there is a contract = the client is liable under the
contract
- If there is no contract = the compensation is based on
the extent of services rendered, legal standing, and
quantum meruit
Ambulance Chaser
- a lawyer who specializes bringing cases seeking
damages for personal injury
- a lawyer who haunts hospitals and visits the homes of
the afflicted, officiously intruding their presence and
persistently offering his service on the basis of a
contingent fee
- not required that he is a lawyer, may be an agent
- instigates to go after the perpetrator
Moral Turpitude
- everything which is done contrary to justice, honesty,
modesty, or good morals
Barratry
- offense of frequently exciting and stirring up quarrels
and suits, either at law or otherwise
- instigates the parties to file a suit
Amicus Curiae
- friend of the court
Attorney De Officio
- a lawyer appointed by a court to represent a poor
litigant or an indigent criminal defendant
Counsel De Parte
- counsel on record
Note: Only the Supreme Court may disbar
Code of Professional Responsibility
4 Chapters
Chapter 1 – The Lawyer and Society
Chapter 2 – The Lawyer and the Legal Profession
Chapter 3 – The Lawyer and the Courts
Chapter 4 – The Lawyer and the Client
Chapter 1 – The Lawyer and Society
Canon 1
Legal Process
- orders of the court
- subpoena, writs, notices
Rule 1.01 (p.48)
What is that good moral character?
- A lawyer should not engage or participate in any
unlawful, dishonest, immoral or deceitful conduct
- the moral character he displayed when he applied for
admission to the Bar must be maintained in the exercise
of his whole profession
What is the Purpose of Requiring Lawyers to Possess
Good Moral Character? (p.49)
1. Protect the public
2. Protect the public image of lawyers
3. Protect prospective clients
BLE Class Notes 3 | P a g e
 - to avoid demeaning and degrading competition
Rule 1.02 (p.61)
What does abet activities aimed at defiance of the law Canon 3 (p.85)
or at lessening confidence in the legal system? What is prohibited here?
- a lawyer should not render any service or advice to - exaggeration of statements
any client – no matter how powerful or important is the - self-praises for qualifications because such may be
cause – which will involve disloyalty to the laws of the considered as solicitation
country which he is bound to uphold and obey
Rule 3.02 (p.87)
Rule 1.03 (p.63) Can you use the name of a deceased partner?
- barratry encourages suit - YES, the code allows it. Provided, that the firm
Exception to Barratry indicates that the partner is dead.
1. Blood ties - the firm may put a cross after the name of the
2. Relationship deceased partner
3. Trust - dati bawal kasi misleading

Rule 1.04 (p.70) Rule 3.03 (p.91)

What is a compromise agreement? - when a partner becomes a public officer, her must
- a party must give up some of the rights that he has, in withdraw from the firm
consideration of the same act on the part of the other Why should a lawyer withdraw from the firm?
side - to avoid conflict of interest

Note: Lawyers must encourage his clients to avoid, end, Rule 3.04 (p.92)
or settle a controversy to save expenses. Why is it that lawyers should not give anything?
- publicity is prohibited, it is tantamount to soliciting
Canon 2 (p.75) cases
- you should make your services the best as it can be; as
effective and efficient as possible Canon 4 (p.93)
- this can be a collective effort
Rule 2.01 (p.75) - a single effort by lectures
- the directive is not to reject except for valid reasons
GR: do not reject Canon 5 (p.95)
XPN: valid reason - legal education does not stop after passing the bar

“Shall” Canon 6
- must be construed only as directory and not Rule 6.01 (p.104)
mandatory - primary duty of a prosecutor
- refers to lawyers in public prosecution, ombudsman,
Rule 2.02 (p.77) OSG
- the lawyer may refer - you see to it that justice is done

Rule 2.03 (p.77) Rule 6.02 (p.107)

- lawyering is not a business, it is a profession Moonlighting
- it is unethical to advertise - practicing in private when you’re a lawyer in the
government
Rule 2.04 (p.83) Note: asking for referral fee is not allowed
Why should lawyer not charge lower rates?

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BLE Class Notes 5 | P a g e