ATTORNEYS & ADMISSION TO BAR
best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself
Rule 138
this voluntary obligation without any mental reservation or Section 1. Who may practice practice law. - Any person heretofore heretofore
purpose of evasion. So help me God."
duly admitted as a member of the bar, or hereafter admitted Sec. 4. Requirements for applicants from other jurisdictions. as such in accordance with the provisions of this rule, and Applicants for admission who, being Filipino citizens, are who is in good and regular standing, is entitled to practice enrolled attorneys in good standing in the Supreme Court of law.chanrobles virtualawlibrary the United States or in any circuit court of appeals or district Sec. 2. Requirements for all applicants for admission to the
court therein, or in the highest court of any State or Territory
bar. - Every applicant for admission as a member member of the bar
of the United States, and who can show by satisfactory
must be a citizen of the Philippines, at least twenty-one years
certificates that they have practiced at least five years in any
of age, of good moral character, and a resident of the
of said courts, that such practice began before July 4, 1946,
Philippines; and must produce before the Supreme Court
and that they have never been suspended or disbarred, may,
satisfactory evidence of good moral character, and that no
in the discretion of the Court, be admitted without
charges against him, involving moral turpitude, have been
examination.chanrobles examination.chanrobles virtualawlibrary
filed or are pending in any court in the Philippines. chan Sec. 5. Additional Additional requirements requirements for other applicants. applicants. - All robles virtual law library applicants for admission other than those referred to in the Sec. 3. Requirements for lawyers who are citizens of the
two preceding sections shall, before being admitted to the
United States of America. - Citizens of the United States of
examination, satisfactorily satisfactorily show that they have regularly
America who, before July 4, 1946, were duly licensed
studied law for four years, and successfully completed all
members of the Philippine Bar, in active practice in the courts
prescribed courses, in a law school or university, officially
of the Philippines and in good and regular standing as such
approved and recognized by the Secretary of Education. The
may, upon satisfactory proof of those facts before the
affidavit of the candidate, accompanied by a certificate from
Supreme Court, be allowed to continue such practice after
the university or school of law, shall be filed as evidence of
taking the following oath of office:chanroblesvirtuallawlibrary office:chanroblesvirtuallawlibrary
such facts, and further evidence may be required by the court.
"I, _________________________, having been permitted to continue in the practice of law in the Philippines, do solemnly
No applicant shall be admitted to the bar examinations unless
swear that I recognize the supreme authority of the Republic
he has satisfactorily completed the following courses in a law
of the Philippines; I will support its Constitution and obey the
school or university duly recognized by the government: government: civil
laws as well as the legal orders of the duly constituted
law, commercial law, remedial law, criminal law, public and
authorities therein; I will do no falsehood, nor consent to the
private international law, political law, labor and social
doing of any in court; I will not wittingly or willingly promote
legislation, medical jurisprudence, taxation and legal ethics.
or sue any groundless, false or unlawful suit, nor give aid nor
chan robles virtual law library
consent to the same; I will delay no man for money or Sec. 6. Pre-Law. - No applicant for admission to to the bar malice, and will conduct myself as a lawyer according to the examination shall be admitted unless he presents a certificate
that he has satisfied the Secretary of Education that, before
Sec. 10. Bar examination, by questions and answers, and in
he began the study of law, he had pursued and satisfactorily
writing. - Persons taking the examination shall not bring
completed in an authorized and recognized university or
papers, books or notes into the examination rooms. The
college, requiring for admission thereto the completion of a
questions shall be the same for all examinees and a copy
four-year high school course, the course of study prescribed
thereof, in English or Spanish, shall be given to each
therein for a bachelor's degree in arts or sciences with any of
examinee. Examinees shall answer the questions personally
the following subjects as major or field o f concentration:
without help from anyone.
political science, logic, english, spanish, history and Upon verified application made by an examinee stating that economics. his penmanship is so poor that it will be difficult to read his Sec. 7. Time for filing proof of qualifications. - All applicants
answers without much loss of time, the Supreme Court may
for admission shall file with the clerk of the Supreme Court
allow such examinee to use a typewriter in answering the
the evidence required by section 2 of this rule at least fifteen
questions. Only noiseless typewriters shall be allowed to be
(15) days before the beginning of the examination. If not
used. chan robles virtual law library
embraced within sections 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
The committee of bar examiners shall take such precautions
they shall exhibit a license evidencing the fact of their
as are necessary to prevent the substitution of papers or
admission to practice, satisfactory evidence that the same has
commission of other frauds. Examinees shall not place their
not been revoked, and certificates as to their professional
names on the examination papers. No oral examination shall
standing. Applicants shall also file at the same time their own
be given.
affidavits as to their age, residence, and citizenship. Sec. 11. Annual examination. - Examinations for admission Sec. 8. Notice of applications. - Notice of applications for
to the bar of the Philippines shall take place annually in the
admission shall be published by the clerk of the Supreme
City of Manila. They shall be held in four days to be
Court in newspapers published in Pilipino, English and
designated by the chairman of the committee on bar
Spanish, for at least ten (10) days before the beginning of the
examiners. The subjects shall be distributed as follows: First
examination.
day: Political and International Law (morning) and Labor and Social Legislation (afternoon); Second day: Civil Law
Sec. 9. Examination; subjects. - Applicants, not otherwise (morning) and Taxation (afternoon); Third day: Mercantile provided for in sections 3 and 4 of this rule, shall be Law (morning) and Criminal Law (afternoon); Fourth day: subjected to examinations in the following subjects: Civil Remedial Law (morning) and Legal Ethics and Practical Law; Labor and Social Legislation; Mercantile Law; Criminal Exercises (afternoon). Law; Political Law (Constitutional Law, Public Corporations, and Public Officers); International Law (Private and Public);
Sec. 12. Committee of examiners. - Examinations shall be
Taxation; Remedial Law (Civil Procedure, Criminal Procedure,
conducted by a committee of bar examiners to b e appointed
and Evidence); Legal Ethics and Practical Exercises (in
by the Supreme Court. This committee shall be composed of
Pleading and Conveyancing).
a Justice of the Supreme Court, who shall act as chairman,
and who shall be designated by the court to serve for one
times shall be disqualified from taking another examination
year, and eight members of the bar o f the Philippines, who
unless they show to the satisfaction of the court that they
shall hold office for a period of one year. The names of the
have enrolled in and passed regular fourth year review
members of this committee shall be published in each volume
classes as well as attended a pr e-bar review course in a
of the official reports.
recognized law school.
Sec. 13. Disciplinary measures. - No candidate shall
The professors of the individual review subjects attended by
endeavor to influence any member of the committee, and
the candidates under this rule shall certify under oath that the
during examination the candidates shall not communicate
candidates have regularly attended classes and passed the
with each other nor shall they give or receive any assistance.
subjects under the same conditions as ordinary students and
The candidate who violates this provision, or any other
the ratings obtained by them in the particular subject.
provision of this rule, shall be barred from the examination, Sec. 17. Admission and oath of successful applicants. - An and the same to count as a failure against him, and further applicant who has passed the required examination, or has disciplinary action, including permanent disqualification, may been otherwise found to be entitled to admission to the bar, be taken in the discretion of the court. chan robles virtual law shall take and subscribe before the Supreme Court the library corresponding oath of office. Sec. 14. Passing average. - In order that a candidate may be Sec. 18. Certificate. - The Supreme Court shall thereupon deemed to have passed his examinations successfully, he admit the applicant as a member of the bar for all the courts must have obtained a general average of 75 per cent in all of the Philippines, and shall direct an order to be entered to subjects, without falling below 50 per cent in any subject. In that effect upon its records, and that a certificate of such determining the average, the subjects in the examination record be given to him by the clerk of court, which certificate shall be given the following r elative weights: Civil Law, 15 per shall be his authority to practice. chan robles virtual law cent; Labor and Social Legislation, 10 per cent; Mercantile library Law, 15 per cent; Criminal Law; 10 per cent; Political and International Law, 15 per cent; Taxation, 10 per cent;
Sec. 19. Attorneys' roll. - The clerk of the Supreme Court
Remedial Law, 20 per cent; Legal Ethics and Practical
shall keep a roll of all attorneys admitted to practice, which
Exercises, 5 per cent.
roll shall be signed by the person admitted when he receives his certificate.
Sec. 15. Report of the committee; filing of examination papers. - Not later than February 15th after the examination,
Sec. 20. Duties of attorneys. - It is the duty of an
or as soon thereafter as may be practicable, the committee
attorney:chanroblesvirtuallawlibrary
shall file its r eports on the result of such examination. The (a) To maintain allegiance to the Republic of the Philippines examination papers and notes of the committee shall be fixed and to support the Constitution and obey the laws of the with the clerk and may there be examined by the parties in Philippines; interest, after the court has approved the report.
Sec. 16. Failing candidates to take review course. Candidates who have failed the bar examinations for three
(b) To observe and maintain the respect due to the courts of justice and judicial officers;
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
(c) To counsel or maintain such actions or proceedings only person who employed him, and may thereupon make such as appear to him to be just, and such defenses only as he order as justice requires. An attorney wilfully appearing in believes to be honestly debatable under the law; court for a person without being employed, unless by leave of (d) To employ, for the purpose of maintaining the causes
the court, may be punished for contempt as an officer of the
confided to him, such means only as are consistent with truth
court who has misbehaved in his official transactions. chan
and honor, and never seek to mislead the judge or any
robles virtual law library
judicial officer by an artifice or false statement of fact or law; Sec. 22. Attorney who appears in lower court presumed to (e) To maintain inviolate the confidence, and at every peril to
represent client on appeal. - An attorney who appears de
himself, to preserve the secrets of his client, and to accept no
parte in a case before a lower court shall be presumed to
compensation in connection with his client's business except
continue representing his client on appeal, unless he files a
from him or with his knowledge and approval;
formal petition withdrawing his appearance in the appellate court.
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or
Sec. 23. Authority of attorneys to bind clients. - Attorneys
witness, unless required by the justice of the cause with
have authority to bind their clients in any case by any
which he is charged;
agreement in relation thereto made in writing, and in taking appeals, and in all matters of ordinary judicial procedure. But
(g) Not to encourage either the commencement or the they cannot, without special authority, compromise their continuance of an action or proceeding, or delay any man's client's litigation, or receive anything in discharge of a client's cause, from any corrupt motive or interest; claim but the full amount in cash. (h) Never to reject, for any consideration personal to himself, Sec. 24. Compensation of attorneys; agreement as to fees. the cause of the defenseless or oppressed; An attorney shall be entitled to have and recover from his (i) In the defense of a person accused of crime, by all fair and
client no more than a r easonable compensation for his
honorable means, regardless of his personal opinion as to the
services, with a view to the importance of the subject matter
guilt of the accused, to present every defense that the law
of the controversy, the extent of the services rendered, and
permits, to the end that no person may be deprived of life or
the professional standing of the attorney. No court shall be
liberty, but by due process of law.
bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disr egard such testimony
Sec. 21. Authority of attorney to appear. - An attorney is and base its conclusion on its own professional knowledge. A presumed to be properly authorized to represent any cause in written contract for services shall control the amount to be which he appears, and no written power of attorney is paid therefor unless found by the court to be unconscionable required to authorize him to appear in court for his client, but or unreasonable. the presiding judge may, on motion of either party and on reasonable grounds therefor being shown, require any
Sec. 25. Unlawful retention of client's funds; contempt. -
superior court, or for corruptly or wilfully appearing as an
When an attorney unjustly retains in his hands money of his
attorney for a party to a case without authority so to do. The
client after it has been demanded, he may be punished for
practice of soliciting cases at law for the purpose of gain,
contempt as an officer of the Court who has misbehaved in
either personally or through paid agents or brokers,
his official transactions; but proceedings under this section
constitutes malpractice.
shall not be a bar to a criminal prosecution. Sec. 28. Suspension of attorney by the Court of Appeals or a Sec. 26. Change of attorneys. - An attorney may retire at
Court of First Instance. - The Court of Appeals or a Court of
any time from any action or special proceeding, by the written
First Instance may suspend an attorney from practice for any
consent of his client filed in court. He may also retire at any
of the causes named in the last preceding section, and after
time from an action or special proceeding, without the
such suspension such attorney shall not practice his
consent of his client, should the court, on notice to the client
profession until further action of the Supreme Court in the
and attorney, and on hearing, determine that he ought to be
premises.
allowed to retire. In case of substitution, the name of the Sec. 29. Upon suspension by Court of Appeals or Court of attorney newly employed shall be entered on the docket of First Instance, further proceedings in Supreme Court. - Upon the court in place of the former one, and written notice of the such suspension, the Court of Appeals or the Court of First change shall be given to the adverse party. Instance shall forthwith transmit to the Supreme Court a A client may at any time dismiss his attorney or substitute
certified copy of the order or suspension and a full statement
another in his place, but if the contract between client and
of the facts upon which the same was based. Upon the receipt
attorney has been reduced to writing and the dismissal of the
of such certified copy and statement, the Supreme Court shall
attorney was without justifiable cause, he shall be entitled to
make full investigation of the facts involved and make such
recover from the client the full compensation stipulated in the
order revoking or extending the suspension, or removing the
contract. However, the attorney may, in the discretion of the
attorney from his office as such, as the facts warrant. chan
court, intervene in the case to protect his rights. For the
robles virtual law library
payment of his compensation the attorney shall have a lien Sec. 30. Attorney to be heard before removal or suspension. upon all judgments for the payment of money, and No attorney shall be removed or suspended from the practice executions issued in pursuance of such judgment, rendered in of his profession, until he has had full opportunity upon the case wherein his services had been retained by the client. reasonable notice to answer the charges against him, to Sec. 27. Attorneys removed or suspended by Supreme Court
produce witnesses in his own behalf, and to be heard by
on what grounds. - A member of the bar may be removed or
himself or counsel. But if upon reasonable notice he fails to
suspended from his office as attorney by the Supreme Court
appear and answer the accusation, the court may proceed to
for any deceit, malpractice, or other gross misconduct in such
determine the matter ex parte.
office, grossly immoral conduct, or by reason of his conviction Sec. 31. Attorneys for destitute litigants. - A court may of a crime involving moral turpitude, or for any violation of assign an attorney to render professional aid free of charge to the oath which he is required to take before admission to any party in a case, if upon investigation it appears that the practice, or for a wilfull disobedience of any lawful order of a 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
Sec. 36. Amicus curiae. - The court may, in special cases, and upon proper application, permit the appearance, as amici
duty of the attorney so assigned to render the r equired
curiae, of those lawyers who in its opinion can help in the
service, unless he is excused therefrom by the court for
disposition of the matter before it; or it may, on its own
sufficient cause shown.
initiative, invite prominent attorneys to appear as amici curiae in such special cases.
Sec. 32. Compensation for attorneys de oficio. - Subject to availability of funds as may be provided by law the court may,
Sec. 37. Attorneys' liens. - An attorney shall have a lien upon
in its discretion, order an attorney employed as counsel de
the funds, documents and papers of his client which have
oficio to be compensated in such sum as the court may fix in
lawfully come into his possession and may retain the same
accordance with section 24 of this rule. Whenever such
until his lawful fees and disbursements have been paid, and
compensation is allowed, it shall not be less than thirty pesos
may apply such funds to the satisfaction thereof. He shall also
(P30.00) in any case, nor more than the following amounts:
have a lien to the same extent upon all judgments for the
(1) Fifty pesos (P50.00) in light felonies; (2) One hundred
payment of money, and executions issued in pursuance of
pesos (P100.00) in less grave felonies; (3) Two hundred
such judgments, which he has secured in a litigation of his
pesos (P200.00) in grave felonies other than capital offenses;
client, from and after the time when he shall have caused a
(4) Five hundred pesos (P500.00) in capital offenses. chan
statement of his claim of such lien to be entered upon the
robles virtual law library
records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be
Sec. 33. Standing in court of persons authorized to appear for delivered to his client and to the adverse party; and he shall Government. - Any official or other person appointed or have the same right and power over such judgments and designated in accordance with law to appear for the executions as his client would have to enforce his lien and Government of the Philippines shall have all the rights of a secure the payment of his just fees and disbursements. duly authorized member of the bar to appear in any case in which said government has an interest direct or indirect.
LAW STUDENT PRACTICE RULE
Sec. 34. By whom litigation conducted. - In the court of a
Rule 138-A
justice of the peace a party may conduct his litigation in SECTION 1. Conditions for Student Practice. - A law student person, with the aid of an agent or friend appointed by him who has successfully completed 3rd year of the r egular fourfor that purpose, or with the aid of an attorney. In any other year prescribed law curriculum and is enrolled in a recognized court, a party may conduct his litigation personally or by aid law school's clinical legal education program approved by the of an attorney, and his appearance must be either personal or Supreme Court, may appear without compensation in any by a duly authorized member of the bar. civil, criminal or administrative case before any trial court, Sec. 35. Certain attorneys not to practice. - No judge or
tribunal, board or officer, to represent indigent clients
other official or employee of the superior courts or of the
accepted by the legal clinic of the law school. chan robles
Office of the Solicitor General, shall engage in private practice
virtual law library
as a member of the bar or give professional advice to clients.
SEC. 2. Appearance. - The appearance of the law student
among others, reduced the passing general average in bar
authorized by this rule, shall be under the direct supervision
examinations to 70 per cent effective since 1946.
and control of a member of the Integrated Bar of the - The court expressed their unfavorable opinion about the bill Philippines duly accredited by the law school. Any and all passed by the Senate. pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in
- On June 21, 1953, the President allowed R.A. 972 to
behalf of the legal clinic. chan robles virtual law library
become a law without his signature.
SEC. 3. Privileged communications. - The Rules safeguarding
- After its approval, many unsuccessful bar candidates
privileged communications between attorney and client shall
appealed and requested for the re-examination of their
apply to similar communications made to or received by the
grades.
law student, acting for the legal clinic. Issue: SEC. 4. Standards of conduct and supervision. - The law Whether or not Republic Act No. 972 is constitutional. student shall comply with the standards of professional conduct governing members of the Bar. Failure of an
Held:
attorney to provide adequate supervision of student practice The public interest demands of legal profession adequate may be a ground for disciplinary action.
(SC Circular No. 19, preparation and efficiency, precisely more so as legal problem
prom. Dec. 19, 1986). evolved by the times become more difficult. An adequate In re Cunanan
legal preparation is one of the vital requisites for the practice of law that should be developed constantly and maintained
Facts: firmly. To the legal profession is entrusted the protection of - Controversies arose when Republic Act No. 972 “Bar
property, life, honor and civil liberties.
Flunkers’ Act of 1953” was enacted. To approve officially of those inadequately prepared - Under the Rules of Court governing admission to the bar, “in
individuals to dedicate themselves to such a delicate mission
order that a candidate (for admission to the Bar) may be
is to create a serious social danger. Moreover, the statement
deemed to have passed his examinations successfully, he
that there was an insufficiency of legal reading materials is
must have obtained a general average of 75 per cent in all
grossly exaggerated.
subjects, without falling below 50 per cent in any subject.” There is no express provision in the Constitution which (Rule 127, sec. 14, Rules of Court). indicates an intent that this traditional power of the judicial - Believing themselves as fully qualified to practice law as
department should in any manner be subject to legislative
those reconsidered and passed by this court, and feeling
control. Perhaps the dominant thought of the framers of our
conscious of having been discriminated against, unsuccessful
constitution was to make the three great departments of
candidates who obtained averages of a few percentage lower
government separate and independent of one another. The
than those admitted to the Bar agitated in Congress for, and
idea that the Legislature might embarrass the judicial
secured in 1951 the passage of Senate Bill No. 12 which,
department by prescribing inadequate qualifications for
attorneys at law is inconsistent with the dominant purpose of
Chairman of the Commission on Elections be declared null
making the judicial independent of the legislative department,
and void because Monsod did not meet the requirement of
and such a purpose should not be inferred in the absence of
having practiced law for the last ten years.
express constitutional provisions. ISSUE: Admission to the practice of law is the exercise of a judicial Whether or not Monsod satisfies the requirement of the function, and is an inherent power of the court. On this position of Chairman of the COMELEC. matter there is certainly a clear distinction between the functions of the judicial and legislative departments of the
HELD:
government. The portion of article 1 of Republic Act No. 972 The practice of law is not limited to the conduct of cases in referring to the examinations of 1946 to 1952, and (b) all of court. A person is also considered to be in the practice of law article 2 of said law are unconstitutional and, therefore, void when he: “. . . for valuable consideration engages in the and without force and effect. business of advising person, firms, associations or For lack of unanimity in the eight Justices, that part of article
corporations as to their rights under the law, or appears in a
1 which refers to the examinations subsequent to the
representative capacity as an advocate in p roceedings
approval of the law, that is from 1953 to 1955 inclusive, is
pending or prospective, before any court, commissioner,
valid and shall continue to be in force, in conformity with
referee, board, body, committee, or commission constituted
section 10, article VII of the Constitution.
by law or authorized to settle controversies. Otherwise stated, one who, in a representative capacity, engages in the
The petitions of candidates who failed from 1946 to 1953 are business of advising clients as to their rights under the law, or denied. All candidates of obtained a general average of 71.5 while so engaged performs any act or acts either in court or without a grade 50% below any subject in the 1953 bar outside of court for that purpose, is engaged in the practice of examinations, are considered having passed. law.” Cayetano vs Monsod
Atty. Christian Monsod is a member of the Philippine Bar, 201 SCRA 210, 1991
having passed the bar examinations of 1960 with a grade of 86.55%. He has been a dues paying member of the
FACTS Integrated Bar of the Philippines since its inception in 1972Monsod was nominated by President Aquino to the position of
73. He has also been paying his professional license fees as
Chairman of the COMELEC on April 25, 1991. Cayetano
lawyer for more than ten years. Atty. Monsod’s past work
opposed the nomination because allegedly Monsod does not
experiences as a lawyer-economist, a lawyer-manager, a
possess the required qualification of having been engaged in
lawyer-entrepreneur of industry, a lawyer-negotiator of
the practice of law for at least ten years. Challenging the
contracts, and a lawyer-legislator of both the rich and the
validity of the confirmation by the Commission on
poor — verily more than satisfy the constitutional
Appointments of Monsod’s nomination, petitioner filed a
requirement — that he has been engaged in the practice of
petition for Certiorari and Prohibition praying that said
law for at least ten years.
confirmation and the consequent appointment of Monsod as
