RULE 138: Attorneys and Admission to the Bar

Sec.1 Who may practice law?

a. Any person duly admitted as a member of the bar; or
b. admitted in such in accordance with the provisions of this rule; and
c. who is in good moral and regular standing
Sec.2 Requirements for admission to the bar
1. Citizen of the Philippines;
 Art. XII, Sec. 14 of the 1987 Philippine Constitution: “The practice of all
professions in the Philippines shall be limited to Filipino citizens save in cases
prescribed by law.
Rationale: Citizenship ensures allegiance to the Republic and its laws.
Note: The loss of Filipino citizenship ipso jure terminates the privilege to
practice law in the Philippines EXCEPT when citizenship is lost by reason of
naturalization and reacquired through R.A. 9225 or known as “Citizenship
Retention and Reacquisition Act of 2003”. (PETITION TO RESUME PRACTICE
OF LAW OF BENJAMIN DACANAY, 2007)
 A Filipino lawyer who has lost and reacquired hid citizenship under RA
9225 is deemed not to have lost his Philippine citizenship. However, he
still needs to apply with the SC for a license or permit to engage in such
practice after compliance with the following:
a. Updating and payment of annual membership dues in the IBP;
b. Payment of professional tax;
c. Completion of 36 hours Mandatory Continuing Legal Education
(MCLE); and
d. Retaking the lawyer’s oath [Sec. 5(4), RA 9225)
2. At least 21 years of age;
Rationale: Maturity and discretion are required in the practice of law
3. Of good moral character;
 Definition: what a person really is, as distinguished from good reputation
or from opinion generally entertained of him, the estimate in which he is
held by the public in the place where he is known.
Note: concealment of pending criminal cases constitutes lack of good
moral character (in the petition to take the bar examinations) (IN THE
MATTER OF HARON S. MELING, B.M No. 1154, 2004)
 Concealment in the application to take the bar examination about a
pending case intentionally withheld is a ground for revocation of the
license to practice law, where it has been granted. (IN RE: LANUEVO,
A.C no. 1162-1164)
 Good moral character is a continuing qualification required of every
member of the Bar, it is not only a qualification precedent to the practice
of law. (NARAG VS. NARAG, 1998)
 If found wanting moral fitness or lacking of good moral character, may
not be allowed to take his oath as a lawyer until he has shown that he
has amended his ways (ANDRES v. CABRERA, 1979)
 Good moral character must be demonstrated at the time of application
for permission to take the bar and, at the time of application for the
 admission to the bar and to take the lawyer’s oath of office (In Re: AL C.
ARGOSINO)
 A successful bar examinee who is not allowed to take the lawyer’s oath
due to breach of promise of marriage after 10 years which no offense
has been attributed to him; or respondent did not commit a grossly
immoral conduct in failing to fulfill promise to marry (BITANGCOR vs.
TAN/ FIGUEROA vs. BARRANCO, SBC Case NO. 519, 1997)
Consideration that the court may allow reinstatement to take oath:
a. Appreciation of the significance of hid dereliction and
assurance that he now possesses the requisite of probity and
integrity necessary to guarantee that he is worthy to practice
law
b. Time elapsed between disbarment and the application of
reinstatement, his good conduct and honorable dealing after
disbarment, his active involvement in civic, educational, and
religious organizations
c. Favorable indorsement by IBP, as well as local government
officials and citizens of the community; and
d. Pleas of his mother and wife for the sake and future of the
family
4. Resident of the Philippines;
Rationale: His/her duties to his client and to the court will require that he be readily
accessible and available.
5. Satisfactory evidence of good moral character; and
6. No charges against him, involving moral turpitude, have been filed or are pending in
any court
Other requisites for admission to the bar:
1. Furnishing satisfactory proof of educational, moral, and other qualifications, Section
2, 5, and 6 of R.138;
2. Passing the Bar Examinations, Section 8-11, 14 of R.138;
3. Taking the Lawyer’s Oath, Section 17 R.138;
 When a person takes an oath, he is admitted to the bar. He becomes an
officer of the court on whose shoulders rest the grave responsibility od
assisting the courts in the proper, fair, speedy and efficient
administration of justice
 Membership in the Bar is in the category of a mandate to public service
of the highest order. A lawyer is an oath-bound servant of the society
whose conduct is clearly circumscribed by inflexible norms of aw and
ethics, and whose primary duty is advancement of the quest of truth and
justice, for which he has sworn to be a fearless crusader. (APOSTACY IN
LEGAL PROFESSION, 64 SCRA 784)
4. Signing the Roll of Attorneys; and
5. Receiving from the Clerk of Court of the SC a certificate of the license to practice
law, Section 18-19 of R. 138
Sec.3 Requirements for lawyers who are citizens of USA
US Citizens can practice law provided that before July 4, 1946 they are:
 1. Duly licensed member of the Philippine bar;
2. Active practice in the courts of the Philippines
3. Good and regular standing, with satisfactory proof to SC of those facts required;
and
4. Take oath
Sec.4 Requirements for applicants from other jurisdictions
Applicants for admission, Court may admit without examination:
1. Enrolled attorneys in good standing in SC of US or any circuit CA or district courts
therein; or
2. Highest court of any State or territory of US;
3. Show satisfactory certificates that they have practiced at least 5 years in any of
the said courts;
4. Practice began before July 4, 1946; and
5. Never been suspended or disbarred.
Sec.5 Additional requirements
1. Regularly studied law for four years;
2. Satisfactory complied all prescribed courses (Civil law, Commercial Law, remedial
law, criminal law, public and private international law, political law, labor law and
social legislation, medical jurisprudence, taxation, and legal ethics)
3. In a law school or university officially approved and recognized by the Secretary
of Education;
4. Affidavit of the candidate, accompanied by certification from the university or
school of law
Sec. 6 Pre-Law
 A bachelor’s degree in arts and sciences with any of the following
subjects as major or field of concentration: political science, logic,
English, Spanish, history and economics
 B.M NO. 1153 (RE: Letter of Estelito P. Mendoza Proposing Reforms in
the Bar Examinations Through Amendments to Rule 138 of ROC;
Approved)
o An applicant for admission to the bar examination shall present:
 Certificate issued by the proper government agency;
 Before commencing the study of law, he or she had
pursued and satisfactorily completed in an authorized and
recognized university or college, a four-year high school
course, the course of study prescribed for bachelor’s
degree in arts and sciences
o A Filipino citizen who completed and obtained his or her
bachelor’s degree or its equivalent if foreign law school must
present proof of having completed a separate bachelor’s degree
course.
Sec.7 Time for filing proof of qualifications
 Applicants shall file to the Clerk of Court of the SC the evidence under
Section 2, or of Section 3, or 4, or 5;
  At least 15 days before the beginning of the examination, with affidavits if
age, residence, citizenship, legal education
Sec.8 Notice of Applications
 Shall be published by the Clerk of Court of SC in newspapers in Filipino,
English, and Spanish, for at least 10 days before the beginning of the
examination
Sec.9 Examination; Subjects
1. Civil Law
2. Labor and Social Legislation
3. Mercantile Law
4. Criminal Law
5. Political Law (Constitutional Law, Public Corporations, and Public Officers)
6. International Law (Public and Private)
7. Taxation
8. Remedial Law (Civil Procedure, Criminal Procedure, and Evidence)
9. Legal Ethics and Practical Exercises (in Pleadings and Conveyancing)
 Plus 10. Medical Jurisprudence
Sec.10 Bar Examination, by questions and answers, and in writing
 Upon verified application made by an examinee stating that hid penmanship is so
poor and that it will be difficult to read his answers without mush loss of time, SC
may allow such examinee to use a typewriter (noiseless) in answering the
questions
 Examinee shall not place their names on the examination papers and no oral
examination shall be given.
Sec.11 Annual examination
 Shall take place in Manila; held in four days as designated by the chairman of the
committee on bar examination.
 Schedule:
 Political and International Law (morning) and Labor Relations and social
legislation (afternoon)
 Civil Law (Morning) and Taxation (afternoon)
 Mercantile Law (Morning) and Criminal Law (afternoon)
 Remedial Law (morning) and Legal ethics and practical exercises (afternoon)
Sec.12 Committee of examiners
 Appointed by the SC; Justice of the SC shall act as chairman to serve for 1
year, and 8 members of the bar of the Philippines(hold the
position for 1 year)
 Names of the members shall be published in each volume of official reports
Sec.13 Disciplinary measures
  No candidate shall influence any member of the committee, and during
examinations hall not communicate nor receive or accept any assistance,
otherwise, he/she shall be barred from the examination, same as count as
failure, and further disciplinary action, including permanent disqualification in
the discretion of the court.
Sec.14 Passing average
 General average of 75 percent (75%), without falling 50% in any subjects
 Percentage:
 Civil Law- 15%
 Labor and Social Legislation- 10%
 Mercantile Law- 15%
 Criminal Law- 10%
 Political and International Law- 15%
 Taxation- 10%
 Remedial Law- 20%
 Legal Ethics and Practical Exercises- 5%
Sec.15 Report of the committee; filing examination papers
 Not later that 15 of February, after the examination, or as soon as may be
practicable, the committee shal file a report on the results of the
examination
 Examination notes and papers shall be filed with the clerk and may be
examined by the parties in interest, after the court approved the report
Sec.16 Failing Candidates to take review course
 Before. Candidates who failed for three times shall be disqualified from
taking another examination unless show satisfactory proof that he/she
enrolled and passed regular 4th year review classes as well as attended the
pre-bar review course in a recognized law school
Sec.17 Admission and oath of successful applicants
 Those who passed the required examination or has been found entitled to
admission to the bar, shall take and subscribe before the SC the
corresponding oath of office
 The act of admitting, suspending, disbarring and reinstating attorneys at law
in the practice of the profession is judicial; the authority and responsibility
over the admission, suspension, disbarment, and reinstatement of attorneys
shall remain to vested to the SC “which have the ultimate power to grant
license for the practice of law”
 R.A. NO, 972 “Bar Flunkers Act of 1995”, decreeing that candidates who
obtained in the bar examination a general average of 70% within falling
 below 50 % in any subject be admitted, id UNSONCTITUTIONAL. Legislation
regarding admission to the bar is not valid as such power is exclusively
vested to the Supreme Court. (In the Matter of the Petition for Admission to
the Bar of Unsuccessful Candidates of 1946 to 1953, 1954)
Definition:
 Attorney-at-law- person admitted to practice law in his representative state
and authorized to perform both civil and criminal legal funstions for clients,
including drafting or legal documents, giving of legal advice and representing
such before courts, administrative agencies, boards, ect.; same as “lawyer”
and “Barrister”
 Barrister- commonly used in England, a person who had been admitted to
plead at the bar, and who is engaged in conducting the trial and argument
of causes; one permitted to plead and practice before the high courts.
 Solicitors- those, admitted to the roll after legal practice course; may not be
called as barrister
 In the Philippines, there are no distinction between barristers
and solicitors.
 In England, a person prosecuting or defending suits in Courts of
Chancery. In the PH, a government lawyer attached with the
Office of the Solicitor General.
 Lawyer- a person licensed to practice law, who prosecutes or defends causes
in courts or record or other judicial tribunals. Or whose business it is to give
legal advice or assistance in relation to any cause or matter.
 Attorney- one who obtained necessary degree in the study of law and
successfully taken the bar examination, admitted to IBP in good standing
and authorized to practice law in the Philippines.
 Officers of the courts, empowered to appear, prosecute and
defend, and upon whom peculiar duties, responsibilities and
liabilities are developed by law as a consequence
 Esquire- title commonly used in US, a title of dignity of English origin given
to one who is considered as above a gentleman and below a knight; title
given to barristers at law and justices of the peace
 Bar- refers to the whole body of attorneys and counsellors, and collectively,
the members of the legal profession
 Bench- denotes the whole body of judges
 Notary Public- public officer authorized by court to certify documents, take
affidavits, and administer oaths. Under 2004 Rule on Notarial practice, all
notaries must be lawyers.
NOTE: A person who passes the Shari’a Bar are not fully fledged members of the
Philippines Bar, may only practice law before Shari’a courts.
Sec.18 Certificate
  SC shall admit as a member of the bar for all courts of the Philippines, shall
direct an order to be entered in the records, and certificates of such record
be given to him by the clerk of court, which certificate shall be his authority
to practice law.
Sec.19 Attorney’s Roll
 Clerk of the SC shall kept a roll of Attorneys admitted to practice, which roll
shall be signed by the person admitted when he receives the
certificate.
Sec.20 Duties of Attorneys
1. Maintain allegiance to the Republic of the Philippines and to support the
Constitution
2. Observe and maintain respect due to the courts of justice and judicial officers
3. Counsel or maintain such proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly debatable under the law
4. Employ for the purpose of maintaining the causes confided to him, 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. Maintain inviolate the confidence, and at every peril to himself, to preserve
the secrets of his clients, and not to accept compensation in connection
with his client’s business EXCEPT from him or with his knowledge and approval
6. 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 wither the commencement or the continuance of an action
or proceeding, or delay any man’s cause, from any corrupt motive motive
or interest
8. Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed
9. In the defense of a person accused of 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.
Sec.21 Authority of Attorney to appear
 GR: An attorney is presumed to be properly authorized to represent any
cause in which he appears, and no written power of attorney is required to
authorize him to appear in the court for his client, BUT
 XP: the presiding judge may, on motion of either party and on reasonable
grounds, require any 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 person who employed him
  An attorney who willfully appearing in the court for a person without being
employed, UNLESS by leave of the court who has misbehaved in his official
transactions
Sec.22 Attorney who appears in lower courts presumed to represent client on appeal
 GR: Presumed to represent a client on appeal
 XP: he files formal petition withdrawing his appearance in the appellate court
Sec.23 Authority of Attorneys to bind clients
 Any agreements made in writing- binds the clients
 BUT cannot bind without special authority, compromise their client’s
litigation, or receive anything in discharge or client’s claim but the full
amount in cash.
Sec.24 Compensation of Attorneys; agreement as to fees
 No more than a reasonable compensation for his services, up to the extent of
services rendered, and the professional standing of the attorney.
 No court shall be bound by the opinion of attorneys as expert witnesses as to
the proper compensation (may disregard such testimony) and may
base its conclusion on its own personal knowledge
 The written contract for services shall control the amount to be paid UNLESS
found by the court to be unconscionable or unreasonable.
Sec.25 Unlawful retention of client’s funds; contempt
 When an attorney unjustly retains in his hands the money of his clients after
it has been demanded, he may be punished for CONTEMPT as an
officer of the court who has misbehaved in his official transactions; it shall not be a bar to a criminal
prosecution
Sec.26 Change of Attorneys
 An attorney may RETIRE at any time from any action or special proceedings:
 by written consent of his client filed in court; or
 Should the court on notice to the client and attorney,and on hearing,
that he ought to be allowed to retire (without consent of the client)
 In case of SUBSTITUTION:
 the name of the attorney newly employed shall be entered on the
docket of the court in the place of the former one; and
 Written notice of change shall be given to the adverse party.
 GR: A client at any time DISMISS his attorney or substitute another in his
place.
 XP: contract between client and attorney has been reduced to writing and
with justifiable cause
  Otherwise, the dismissal without justifiable cause shall entitle
to recover from the client the full compensation stipulated in
the contract
 An attorney may, at the discretion of the court, intervene in the case to
protect his rights.
 As payment of his compensation, an attorney shall have a LIEN upon all
judgement for payment of money, and executions issued in pursuance to
such judgement, rendered in the case where his services had been retained
by the client.
Sec.27 Disbarment or suspension of Attorneys by SC; grounds
 A member of the bar may be disbarred or suspended from his office as
attorney by the SC:
1. Deceit
2. Malpractice
3. Other gross misconduct in such office
4. Grossly immoral conduct
5. Conviction of a crime involving moral turpitude
6. Violation of oath which he is required to take before admission to the
bar
7. Wilful disobedience appearing as an attorney for a party without
authority to do so
8. Soliciting cases for purpose of gain, either personally or through paid
agents or brokers (constitutes malpractice)
9. Disbarment or suspension of a member of the Philippine Bar by a
competent court or other disciplinatory agency in a foreign
jurisdiction (if the basis of such action includes any of the above enumerated;
1-8)- prima facie
 The judgement, resolution or order of the foreign court or disciplinary agency
shall be prima facie evidence as ground for disbarment or suspension
 The SC shall have the following powers:
 Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts:
 The admission to the practice of law, the integrated bar; and
 Legal assistance to the underprivileged
 The rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases; shall be uniform in all courts of the same grade; shall not diminish, increase, or
modify substantive rights; Rules of procedure of special courts and quasi-judicial bodies shall remain
effective UNLESS disapproved by the SC.
  The enumeration of grounds are not exclusive, as the power of the courts to
exclude unfit and unworthy members of legal profession is inherent, and necessary in the proper
administration of justice, and may be exercised without any special statutory authority.
Sec.28 Suspension of Attorney by CA or RTC
 CA or RTC may suspend an attorney from practice for any causes
enumerated, and after such suspension, such attorney shall not
practice his profession until further action of the SC in the premises.
Sec.29 Suspension by CA or RTC, further proceedings to SC
 Upon such suspension, CA or RTC shall forthwith transmit to SC a certified
copy of the order of suspension and a full statement of the facts which
the same was based
 Upon receipt of the certified copy and statement, SC shall make a full
investigation of the facts and order revoking or extending the suspension, or
removing the attorney from his office.
Sec.30 Attorney to be heard before removal and suspension
 NO attorney shall be removed or suspended from the practice of his
profession, UNTIL he has full opportunity upon reasonable notice to
answer the charges against him; produce witnesses in his own behalf; be heard by himself or
counsel
 But if upon reasonable notice he fails to appear and answer, the
court may proceed to ex parte.
Sec.31 Attorney for destitute litigants
 If upon investigation that the party is destitute and unable to employ an
attorney, and that the services of counsel are necessary, the court may assign
an attorney to render professional aid free of charge.
 It shall be the duty of the attorney to render the required service,
UNLESS he is excused by the court for sufficient causes.
Sec.32 Compensation for Attorneys de officio
 Subject to the availability of the fund, the court in its discretion, order an
attorney as counsel de officio to be compensated in an amount as the court
may fix (in relation to Sec. 24)
 Not less that P30 in any case, nor more than:
 P50 in light felonies;
 P100 less grave felonies;
 P200 grave felonies other than capital offenses;
 P500 capital offenses
Sec.33 Standing in court of person authorized to appear for Government
  ANY official or other person appointed or designated to appear for the
Government of the Philippines shall have the rights of a duly authorized
member of the bar to appear in ANY case which the said government has an
interest direct or indirect
Sec.34 By whom litigation is conducted
 In the court of justice of peace, in person, with an aid of an agent or a friend
appointed by him for the purpose, or with the aid of an attorney
 In any other court, personally or bu aid of an attorney, and his appearance
must either be personal or by duly authorized member of the bar.
Sec.35 Certain Attorneys not to practice
1. No judge; or
2. other official or employee of the SUPERIOR courts; or
3. Official or employee of the Office of the Solicitor General shall engage in
private practice as a member of the bar or give professional advice to clients.
Sec.36 Amicus Curiae
 Amicus Curiae- experienced and impartial attorneys invited by the court to
appear to help in the disposition of the issues submitted to it.
Sec.37 Attorney’s lien
 An attorney shall have a lien upon the funds, documents and papers of his
client which have lawfully come into his possession and may retain the same
until hid lawful fees and disbursements have been paid; may apply such
funds to the satisfaction of his claim.
 He shall also have a lien to the same extent upon all judgments for the
payment of money, and executions issued in pursuance of such judgments,
which he has secured in a litigation of his client, from and after the time
when he shall have caused a statement of his claim of such lien to be entered
upon the records of the court rendering such judgment, and shall have
caused written notice thereof to be delivered to his client and to the adverse
party;
 Shall have the same right and power over such judgments and executions as
his client would have to enforce his lien and secure payment of jis just fees
and disbursements.