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 law. - Any person 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 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 virtualawlibrary

filed or are pending in any court in the Philippines. chan

Sec. 5. Additional requirements for other 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 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 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: 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 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 of 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 be 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 of 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 pre-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 relative 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 reports 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 attorney who assumes the right to appear in a case to

justice and judicial officers; 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 reasonable 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 disregard 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 Sec. 36. Amicus curiae. - The court may, in special cases,

justice and to protect the rights of the party. It shall be the and upon proper application, permit the appearance, as amici

duty of the attorney so assigned to render the required 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 regular four-
for 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
authorized by this rule, shall be under the direct supervision
and control of a member of the Integrated Bar of the
Philippines duly accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or other papers to be
filed, must be signed by the supervising attorney for and in
behalf of the legal clinic. chan robles virtual law library
SEC. 3. Privileged communications. - The Rules safeguarding
privileged communications between attorney and client shall
apply to similar communications made to or received by the
law student, acting for the legal clinic.
SEC. 4. Standards of conduct and supervision. - The law
student shall comply with the standards of professional
conduct governing members of the Bar. Failure of an
attorney to provide adequate supervision of student practice
may be a ground for disciplinary action. (SC Circular No. 19,
prom. Dec. 19, 1986).
In re Cunanan
Facts:
- Controversies arose when Republic Act No. 972 “Bar
Flunkers’ Act of 1953” was enacted.
- Under the Rules of Court governing admission to the bar, “in
order that a candidate (for admission to the Bar) 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 subject.”
(Rule 127, sec. 14, Rules of Court).
- Believing themselves as fully qualified to practice law as
those reconsidered and passed by this court, and feeling
conscious of having been discriminated against, unsuccessful
candidates who obtained averages of a few percentage lower
than those admitted to the Bar agitated in Congress for, and
secured in 1951 the passage of Senate Bill No. 12 which,
among others, reduced the passing general average in bar
examinations to 70 per cent effective since 1946.
- The court expressed their unfavorable opinion about the bill
passed by the Senate.
- On June 21, 1953, the President allowed R.A. 972 to
become a law without his signature.
- After its approval, many unsuccessful bar candidates
appealed and requested for the re-examination of their
grades.
Issue:
Whether or not Republic Act No. 972 is constitutional.
Held:
The public interest demands of legal profession adequate
preparation and efficiency, precisely more so as legal problem
evolved by the times become more difficult. An adequate
legal preparation is one of the vital requisites for the practice
of law that should be developed constantly and maintained
firmly. To the legal profession is entrusted the protection of
property, life, honor and civil liberties.
To approve officially of those inadequately prepared
individuals to dedicate themselves to such a delicate mission
is to create a serious social danger. Moreover, the statement
that there was an insufficiency of legal reading materials is
grossly exaggerated.
There is no express provision in the Constitution which
indicates an intent that this traditional power of the judicial
department should in any manner be subject to legislative
control. Perhaps the dominant thought of the framers of our
constitution was to make the three great departments of
government separate and independent of one another. The
idea that the Legislature might embarrass the judicial
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 proceedings

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 1972-

Monsod 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