RULE 138 I . . . . . . . . . . . . . . . . . . . . . . . . . . .

, having
Attorneys and Admission to Bar been permitted to continue in the practice Section 5. Additional requirements for
of law in the Philippines, do solemnly swear other applicants. — All applicants for
that I recognize the supreme authority of admission other than those referred to in
Section 1. Who may practice law. — the Republic of the Philippines; I will the two preceding section shall, before
Any person heretofore duly admitted as a support its Constitution and obey the laws being admitted to the examination,
member of the bar, or hereafter admitted as well as the legal orders of the duly satisfactorily show that they have regularly
as such in accordance with the provisions constituted authorities therein; I will do no studied law for four years, and successfully
of this rule, and who is in good and regular falsehood, nor consent to the doing of any completed all prescribed courses, in a law
standing, is entitled to practice law. in court; I will not wittingly or willingly school or university, officially approved and
promote or sue any groundless, false or recognized by the Secretary of Education.
Section 2. Requirements for all unlawful suit, nor give aid nor consent to The affidavit of the candidate,
applicants for admission to the bar. — the same; I will delay no man for money or accompanied by a certificate from the
Every applicant for admission as a member malice, and will conduct myself as a lawyer university or school of law, shall be filed as
of the bar must be a citizen of the according to the best of may knowledge evidence of such facts, and further
Philippines, at least twenty-one years of and discretion with all good fidelity as well evidence may be required by the court.
age, of good moral character, and resident as to the courts as to my clients; and I
of the Philippines; and must produce before impose upon myself this voluntary No applicant shall be admitted to the bar
the Supreme Court satisfactory evidence of obligation without any mental reservation or examinations unless he has satisfactorily
good moral character, and that no charges purpose of evasion. So help me God. completed the following courses in a law
against him, involving moral turpitude, have school or university duly recognized by the
been filed or are pending in any court in the Section 4. Requirements for government: civil law, commercial law,
Philippines. applicants from other jurisdictions. — remedial law, criminal law, public and
Applicants for admission who, being private international law, political law, labor
Section 3. Requirements for lawyers Filipino citizens, are enrolled attorneys in and social legislation, medical
who are citizens of the United States of good standing in the Supreme Court of the jurisprudence, taxation and legal ethics.
America. — Citizens of the United States of United States or in any circuit court of
America who, before July 4, 1946, were appeals or district court therein, or in the Section 6. Pre-Law. — No applicant
duly licensed members of the Philippine highest court of any State or Territory of the for admission to the bar examination shall
Bar, in active practice in the courts of the United States, and who can show by be admitted unless he presents a certificate
Philippines and in good and regular satisfactory certificates that they have that he has satisfied the Secretary of
standing as such may, upon satisfactory practiced at least five years in any of said Education that, before he began the study
proof of those facts before the Supreme courts, that such practice began before of law, he had pursued and satisfactorily
Court, be allowed to continue such practice July 4, 1946, and that they have never completed in an authorized and recognized
after taking the following oath of office: been suspended or disbarred, may, in the university or college, requiring for
discretion of the Court, be admitted without admission thereto the completion of a four-
examination. year high school course, the course of

RULE 138 Rules of Court – Attorney’s Admission to the Bar Legal Ethics 1 | P a g e
study prescribed therein for a bachelor's subjects: Civil Law; Labor and Social
degree in arts or sciences with any of the Legislation; Mercantile Law; Criminal Law; Section 11. Annual examination. —
following subjects as major or field of Political Law (Constitutional Law, Public Examinations for admission to the bar of
concentration: political science, logic, Corporations, and Public Officers); the Philippines shall take place annually in
english, spanish, history and economics. International Law (Private and Public); the City of Manila. They shall be held in
Taxation; Remedial Law (Civil Procedure, four days to be disignated by the chairman
Section 7. Time for filing proof of Criminal Procedure, and Evidence); Legal of the committee on bar examiners. The
qualifications. — All applicants for Ethics and Practical Exercises (in subjects shall be distributed as follows:
admission shall file with the clerk of the Pleadings and Conveyancing). First day: Political and International Law
Supreme Court the evidence required by (morning) and Labor and Social Legislation
section 2 of this rule at least fifteen (15) Section 10. Bar examination, by (afternoon); Second day: Civil Law
days before the beginning of the questions and answers, and in writing. — (morning) and Taxation (afternoon); Third
examination. If not embraced within section Persons taking the examination shall not day: Mercantile Law (morning) and
3 and 4 of this rule they shall also file within bring papers, books or notes into the Criminal Law (afternoon); Fourth day:
the same period the affidavit and certificate examination rooms. The questions shall be Remedial Law (morning) and legal Ethics
required by section 5, and if embraced the same for all examinees and a copy and Practical Exercises (afternoon).
within sections 3 and 4 they shall exhibit a thereof, in English or Spanish, shall be
license evidencing the fact of their given to each examinee. Examinees shall Section 12. Committee of examiners. —
admission to practice, satisfactory evidence answer the questions personally without Examinations shall be conducted by a
that the same has not been revoked, and help from anyone. committee of bar examiners to be
certificates as to their professional appointed by the Supreme Court. This
standing. Applicants shall also file at the Upon verified application made by an committee shall be composed of a Justice
same time their own affidavits as to their examinee stating that his penmanship is so of the Supreme Court, who shall act as
age, residence, and citizenship. poor that it will be difficult to read his chairman, and who shall be designated by
answers without much loss of time., the the court to serve for one year, and eight
Section 8. Notice of Applications. — Supreme Court may allow such examinee members of the bar of the Philippines, who
Notice of applications for admission shall to use a typewriter in answering the shall hold office for a period of one year.
be published by the clerk of the Supreme questions. Only noiseless typewriters shall The names of the members of this
Court in newspapers published in Pilipino, be allowed to be used. committee shall be published in each
English and Spanish, for at least ten (10) volume of the official reports.
days before the beginning of the The committee of bar examiner shall take
examination. such precautions as are necessary to Section 13. Disciplinary measures. —
prevent the substitution of papers or No candidate shall endeavor to influence
Section 9. Examination; subjects. — commission of other frauds. Examinees any member of the committee, and during
Applicants, not otherwise provided for in shall not place their names on the examination the candidates shall not
sections 3 and 4 of this rule, shall be examination papers. No oral examination communicate with each other nor shall they
subjected to examinations in the following shall be given. give or receive any assistance. The

RULE 138 Rules of Court – Attorney’s Admission to the Bar Legal Ethics 2 | P a g e
candidate who violates this provisions, or Section 16. Failing candidates to take Section 19. Attorney's roll. — The clerk
any other provision of this rule, shall be review course. — Candidates who have of the Supreme Court shall kept a roll of all
barred from the examination, and the same failed the bar examinations for three times attorneys admitted to practice, which roll
to count as a failure against him, and shall be disqualified from taking another shall be signed by the person admitted
further disciplinary action, including examination unless they show the when he receives his certificate.
permanent disqualification, may be taken in satisfaction of the court that they have
the discretion of the court. enrolled in and passed regular fourth year Section 20. Duties of attorneys. — It is
review classes as well as attended a pre- the duty of an attorney:
Section 14. Passing average. — In bar review course in a recognized law
order that a candidate may be deemed to school. (a) To maintain allegiance to the
have passed his examinations Republic of the Philippines and to support
successfully, he must have obtained a The professors of the individual review the Constitution and obey the laws of the
general average of 75 per cent in all subjects attended by the candidates under Philippines.
subjects, without falling below 50 per cent this rule shall certify under oath that the
in any subjects. In determining the candidates have regularly attended classes (b) To observe and maintain the
average, the subjects in the examination and passed the subjects under the same respect due to the courts of justice and
shall be given the following relative conditions as ordinary students and the judicial officers;
weights: Civil Law, 15 per cent; Labor and ratings obtained by them in the particular
Social Legislation, 10 per cent; Mercantile subject. (c) To counsel or maintain such
Law, 15 per cent; Criminal Law; 10 per actions or proceedings only as appear to
cent: Political and International Law, 15 per Section 17. Admission and oath of him to be just, and such defenses only as
cent; Taxation, 10 per cent; Remedial Law, successful applicants. — An applicant who he believes to be honestly debatable under
20 per cent; Legal Ethics and Practical has passed the required examination, or the law.
Exercises, 5 per cent. has been otherwise found to be entitled to
admission to the bar, shall take and (d) To employ, for the purpose of
Section 15. Report of the committee; subscribe before the Supreme Court the maintaining the causes confided to him,
filing of examination papers. — Not later corresponding oath of office. such means only as are consistent with
than February 15th after the examination, truth and honor, and never seek to mislead
or as soon thereafter as may be Section 18. Certificate. — The supreme the judge or any judicial officer by an
practicable, the committee shall file its Court shall thereupon admit the applicant artifice or false statement of fact or law;
report on the result of such examination. as a member of the bar for all the courts of
The examination papers and notes of the the Philippines, and shall direct an order to (e) To maintain inviolate the
committee shall be filed with the clerk and be entered to that effect upon its records, confidence, and at every peril to himself, to
may there be examined by the parties in and that a certificate of such record be preserve the secrets of his client, and to
interest, after the court has approved the given to him by the clerk of court, which accept no compensation in connection with
report. certificate shall be his authority to practice. his client's business except from him or
with his knowledge and approval;

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 pertinent to any issue, the name of the rendered, and the professional standing of
(f) To abstain from all offensive person who employed him, and may the attorney. No court shall be bound by
personality and to advance no fact thereupon make such order as justice the opinion of attorneys as expert
prejudicial to the honor or reputation of a requires. An attorneys wilfully appear in witnesses as to the proper compensation,
party or witness, unless required by the court for a person without being employed, but may disregard such testimony and
justice of the cause with which he is unless by leave of the court, may be base its conclusion on its own professional
charged; punished for contempt as an officer of the knowledge. A written contract for services
court who has misbehaved in his official shall control the amount to be paid therefor
(g) Not to encourage either the transactions. unless found by the court to be
commencement or the continuance of an unconscionable or unreasonable.
action or proceeding, or delay any man's Section 22. Attorney who appears in
cause, from any corrupt motive or interest; lower court presumed to represent client on Section 25. Unlawful retention of client's
appeal. — An attorney who appears de funds; contempt. — When an attorney
(h) Never to reject, for any parte in a case before a lower court shall unjustly retains in his hands money of his
consideration personal to himself, the be presumed to continue representing his client after it has been demanded, he may
cause of the defenseless or oppressed; client on appeal, unless he files a formal be punished for contempt as an officer of
petition withdrawing his appearance in the the Court who has misbehaved in his
(i) In the defense of a person accused appellate court. official transactions; but proceedings under
of crime, by all fair and honorable means, this section shall not be a bar to a criminal
regardless of his personal opinion as to the Section 23. Authority of attorneys to prosecution.
guilt of the accused, to present every bind clients. — Attorneys have authority to
defense that the law permits, to the end bind their clients in any case by any Section 26. Change of attorneys. — An
that no person may be deprived of life or agreement in relation thereto made in attorney may retire at any time from any
liberty, but by due process of law. writing, and in taking appeals, and in all action or special proceeding, by the written
matters of ordinary judicial procedure. But consent of his client filed in court. He may
Section 21. Authority of attorney to they cannot, without special authority, also retire at any time from an action or
appear. — an attorney is presumed to be compromise their client's litigation, or special proceeding, without the consent of
properly authorized to represent any cause receive anything in discharge of a client's his client, should the court, on notice to the
in which he appears, and no written power claim but the full amount in cash. client and attorney, and on hearing,
of attorney is required to authorize him to determine that he ought to be allowed to
appear in court for his client, but the Section 24. Compensation of attorneys; retire. In case of substitution, the name of
presiding judge may, on motion of either agreement as to fees. — An attorney shall the attorney newly employed shall be
party and on reasonable grounds therefor be entitled to have and recover from his entered on the docket of the court in place
being shown, require any attorney who client no more than a reasonable of the former one, and written notice of the
assumes the right to appear in a case to compensation for his services, with a view change shall be given to the advance party.
produce or prove the authority under which to the importance of the subject matter of
he appears, and to disclose, whenever the controversy, the extent of the services

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A client may at any time dismiss his and answer the accusation, the court may
attorney or substitute another in his place, Section 28. Suspension of attorney by proceed to determine the matter ex parte.
but if the contract between client and the Court of Appeals or a Court of First
attorney has been reduced to writing and Instance. — The Court of Appeals or a Section 31. Attorneys for destitute
the dismissal of the attorney was without Court of First Instance may suspend an litigants. — A court may assign an attorney
justifiable cause, he shall be entitled to attorney from practice for any of the causes to render professional aid free of charge to
recover from the client the full named in the last preceding section, and any party in a case, if upon investigation it
compensation stipulated in the contract. after such suspension such attorney shall appears that the party is destitute and
However, the attorney may, in the not practice his profession until further unable to employ an attorney, and that the
discretion of the court, intervene in the action of the Supreme Court in the services of counsel are necessary to
case to protect his rights. For the payment premises. secure the ends of justice and to protect
of his compensation the attorney shall have the rights of the party. It shall be the duty of
a lien upon all judgments for the payment Section 29. Upon suspension by the the attorney so assigned to render the
of money, and executions issued in Court of Appeals or Court of First Instance, required service, unless he is excused
pursuance of such judgment, rendered in further proceedings in Supreme Court. — therefrom by the court for sufficient cause
the case wherein his services had been Upon such suspension, the Court of shown.
retained by the client. Appeals or the Court of First Instance shall
forthwith transmit to the Supreme Court a Section 32. Compensation for attorneys
Section 27. Attorneys removed or certified copy of the order of suspension de oficio. — Subject to availability of funds
suspended by Supreme Court on what and a full statement of the facts upon which as may be provided by the law the court
grounds. — A member of the bar may be the same was based. Upon the receipt of may, in its discretion, order an attorney
removed or suspended from his office as such certified copy and statement, the employed as counsel de oficio to be
attorney by the Supreme Court for any Supreme Court shall make a full compensates in such sum as the court may
deceit, malpractice, or other gross investigation of the facts involved and fix in accordance with section 24 of this
misconduct in such office, grossly immoral make such order revoking or extending the rule. Whenever such compensation is
conduct, or by reason of his conviction of a suspension, or removing the attorney from allowed, it shall be not less than thirty
crime involving moral turpitude, or for any his office as such, as the facts warrant. pesos (P30) in any case, nor more than the
violation of the oath which he is required to following amounts: (1) Fifty pesos (P50) in
take before the admission to practice, or for Section 30. Attorney to be heard before light felonies; (2) One hundred pesos
a wilfull disobedience of any lawful order of removal or suspension. — No attorney (P100) in less grave felonies; (3) Two
a superior court, or for corruptly or willful shall be removed or suspended from the hundred pesos (P200) in grave felonies
appearing as an attorney for a party to a practice of his profession, until he has had other than capital offenses; (4) Five
case without authority so to do. The full opportunity upon reasonable notice to Hundred pesos (P500) in capital offenses.
practice of soliciting cases at law for the answer the charges against him, to
purpose of gain, either personally or produce witnesses in his own behalf, and Section 33. Standing in court of person
through paid agents or brokers, constitutes to be heard by himself or counsel. But if authorized to appear for Government. —
malpractice. upon reasonable notice he fails to appear Any official or other person appointed or

RULE 138 Rules of Court – Attorney’s Admission to the Bar Legal Ethics 5 | P a g e
designated in accordance with law to and disbursements have been paid, and
appear for the Government of the may apply such funds to the satisfaction
Philippines shall have all the rights of a thereof. He shall also have a lien to the
duly authorized member of the bar to same extent upon all judgments for the
appear in any case in which said payment of money, and executions issued
government has an interest direct or in pursuance of such judgments, which he
indirect. has secured in a litigation of his client, from
and after the time when he shall have the
Section 34. By whom litigation caused a statement of his claim of such
conducted. — In the court of a justice of the lien to be entered upon the records of the
peace a party may conduct his litigation in court rendering such judgment, or issuing
person, with the aid of an agent or friend such execution, and shall have the caused
appointed by him for the purpose, or with written notice thereof to be delivered to his
the aid an attorney. In any other court, a client and to the adverse paty; and he shall
party may conduct his litigation personally have the same right and power over such
or by aid of an attorney, and his judgments and executions as his client
appearance must be either personal or by would have to enforce his lien and secure
a duly authorized member of the bar. the payment of his just fees and
disbursements.
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. —

Section 37. Attorneys' liens. — An

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