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Requirements for admission to the bar (Rule 138):

Section 2 of Rule 138 states the following:


1.) Must be a citizen of the Philippines
2.) At least 21 years of age
3.) Of good character
4.) Resident of the Philippines
5.) Must produce before the Supreme Court satisfactory evidence of good moral
character
6.) That no charges against him, involving moral turpitude, have been filed or are
pending in any court in the Philippines

Duties of attorneys (Section 20 of Rule 138):

It is the duty of an attorney:


1.) To maintain allegiance to the Republic of the Philippines AND support the
Constitution AND obey the laws of the Philippines

2.) To observe and 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 defences 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 or false statement of fact or law

5.) 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

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

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
defenceless or oppressed

9.) In the defense of a person accused of crime, by all fair and honourable 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
Grounds of removal or suspension of attorneys by the SC (Section 27 of
Rule 138):

A member of the bar may be removed or suspended from his office as attorney
by the SC for any of the following grounds:

1.) Deceit
2.) Malpractice
3.) Or other gross misconduct in such office
4.) Grossly immoral conduct
5.) Or by reason of his conviction of a crime involving moral turpitude
6.) Or for any violation of the oath which he is required to take before the
admission to practice
7.) Or for a will full disobedience of any lawful order of a superior court
8.) Or for corruptly or wilful appearing as an attorney for a party to a case
without authority so to do

What constitutes malpractice?


-The practice of soliciting cases at law for the purpose of gain, either personally
or through paid agents or brokers

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