Attorneys Oath
Content
ATTORNEYS & ADMISSION TO BAR
Rule 138
Section 1. Who may practice law. - Any person heretofore duly admitted as a
member of the bar, or hereafter admitted as such in accordance with the provisions
of this rule, and who is in good and regular standing, is entitled to practice law.
Sec. 2. Requirements for all applicants for admission to the bar. - Every applicant
for admission as a member of the bar must be a citizen of the Philippines, at least
twenty-one years of age, of good moral character, and a resident of the Philippines;
and must produce before the Supreme Court satisfactory evidence of good moral
character, and that no charges against him, involving moral turpitude, have been
filed or are pending in any court in the Philippines.chan robles virtual law library
Sec. 3. Requirements for lawyers who are citizens of the United States of America. Citizens of the United States of America who, before July 4, 1946, were duly licensed
members of the Philippine Bar, in active practice in the courts of the Philippines and
in good and regular standing as such may, upon satisfactory proof of those facts
before the Supreme Court, be allowed to continue such practice after taking the
following oath of office:
"I, _________________________, having been permitted to continue in the practice of
law in the Philippines, do solemnly swear that I recognize the supreme authority of
the Republic of the Philippines; I will support its Constitution and obey the laws as
well as the legal orders of the duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in court; I will not wittingly or willingly
promote or sue any groundless, false or unlawful suit, nor give aid nor consent to
the same; I will delay no man for money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and discretion with all good fidelity
as well to the courts as to my clients; and I impose upon myself this voluntary
obligation without any mental reservation or purpose of evasion. So help me God."
Sec. 4. Requirements for applicants from other jurisdictions. - Applicants for
admission who, being Filipino citizens, are enrolled attorneys in good standing in the
Supreme Court of the United States or in any circuit court of appeals or district court
therein, or in the highest court of any State or Territory of the United States, and
who can show by satisfactory certificates that they have practiced at least five
years in any of said courts, that such practice began before July 4, 1946, and that
they have never been suspended or disbarred, may, in the discretion of the Court,
be admitted without examination.
Sec. 5. Additional requirements for other applicants. - All applicants for admission
other than those referred to in the two preceding sections shall, before being
admitted to the examination, satisfactorily show that they have regularly studied
law for four years, and successfully completed all prescribed courses, in a law
school or university, officially approved and recognized by the Secretary of
Education. The affidavit of the candidate, accompanied by a certificate from the
university or school of law, shall be filed as evidence of such facts, and further
evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily
completed the following courses in a law school or university duly recognized by the
government: civil law, commercial law, remedial law, criminal law, public and
private international law, political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.chan robles virtual law library
Sec. 6. Pre-Law. - No applicant for admission to the bar examination shall be
admitted unless he presents a certificate that he has satisfied the Secretary of
Education that, before he began the study of law, he had pursued and satisfactorily
completed in an authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course, the course of
study prescribed therein for a bachelor's degree in arts or sciences with any of the
following subjects as major or field of concentration: political science, logic, english,
spanish, history and economics.
Sec. 7. Time for filing proof of qualifications. - All applicants for admission shall file
with the clerk of the Supreme Court the evidence required by section 2 of this rule
at least fifteen (15) days before the beginning of the examination. If not 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 they shall exhibit a license evidencing the fact of their admission to practice,
satisfactory evidence that the same has not been revoked, and certificates as to
their professional standing. Applicants shall also file at the same time their own
affidavits as to their age, residence, and citizenship.
Sec. 8. Notice of applications. - Notice of applications for admission shall be
published by the clerk of the Supreme Court in newspapers published in Pilipino,
English and Spanish, for at least ten (10) days before the beginning of the
examination.
Sec. 9. Examination; subjects. - Applicants, not otherwise provided for in sections 3
and 4 of this rule, shall be subjected to examinations in the following subjects: Civil
Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public Officers); International Law
(Private and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure,
and Evidence); Legal Ethics and Practical Exercises (in Pleading and Conveyancing).
Sec. 10. Bar examination, by questions and answers, and in writing. - Persons
taking the examination shall not bring papers, books or notes into the examination
rooms. The questions shall be the same for all examinees and a copy thereof, in
English or Spanish, shall be given to each examinee. Examinees shall answer the
questions personally without help from anyone.
Upon verified application made by an examinee stating that his penmanship is so
poor that it will be difficult to read his answers without much loss of time, the
Supreme Court may allow such examinee to use a typewriter in answering the
questions. Only noiseless typewriters shall be allowed to be used. chan robles
virtual law library
The committee of bar examiners shall take such precautions as are necessary to
prevent the substitution of papers or commission of other frauds. Examinees shall
not place their names on the examination papers. No oral examination shall be
given.
Sec. 11. Annual examination. - Examinations for admission to the bar of the
Philippines shall take place annually in the City of Manila. They shall be held in four
days to be designated by the chairman of the committee on bar examiners. The
subjects shall be distributed as follows: First day: Political and International Law
(morning) and Labor and Social Legislation (afternoon); Second day: Civil Law
(morning) and Taxation (afternoon); Third day: Mercantile Law (morning) and
Criminal Law (afternoon); Fourth day: Remedial Law (morning) and Legal Ethics and
Practical Exercises (afternoon).
Sec. 12. Committee of examiners. - Examinations shall be conducted by a
committee of bar examiners to be appointed by the Supreme Court. This committee
shall be composed of a Justice of the Supreme Court, who shall act as chairman, and
who shall be designated by the court to serve for one year, and eight members of
the bar of the Philippines, who shall hold office for a period of one year. The names
of the members of this committee shall be published in each volume of the official
reports.
Sec. 13. Disciplinary measures. - No candidate shall endeavor to influence any
member of the committee, and during examination the candidates shall not
communicate with each other nor shall they give or receive any assistance. The
candidate who violates this provision, or any other provision of this rule, shall be
barred from the examination, and the same to count as a failure against him, and
further disciplinary action, including permanent disqualification, may be taken in the
discretion of the court.chan robles virtual law library
Sec. 14. Passing average. - In order that a candidate 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. In
determining the average, the subjects in the examination shall be given the
following relative weights: Civil Law, 15 per cent; Labor and Social Legislation, 10
per cent; Mercantile Law, 15 per cent; Criminal Law; 10 per cent; Political and
International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent;
Legal Ethics and Practical Exercises, 5 per cent.
Sec. 15. Report of the committee; filing of examination papers. - Not later than
February 15th after the examination, or as soon thereafter as may be practicable,
the committee shall file its reports on the result of such examination. The
examination papers and notes of the committee shall be fixed with the clerk and
may there be examined by the parties in 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 times shall be disqualified from taking another
examination unless they show to the satisfaction of the court that they have
enrolled in and passed regular fourth year review classes as well as attended a prebar review course in a recognized law school.
The professors of the individual review subjects attended by the candidates under
this rule shall certify under oath that the candidates have regularly attended classes
and passed the subjects under the same conditions as ordinary students and the
ratings obtained by them in the particular subject.
Sec. 17. Admission and oath of successful applicants. - An applicant who has
passed the required examination, or has been otherwise found to be entitled to
admission to the bar, shall take and subscribe before the Supreme Court the
corresponding oath of office.
Sec. 18. Certificate. - The Supreme Court shall thereupon admit the applicant as a
member of the bar for all the courts of the Philippines, and shall direct an order to
be entered to that effect upon its records, and that a certificate of such record be
given to him by the clerk of court, which certificate shall be his authority to
practice.chan robles virtual law library
Sec. 19. Attorneys' roll. - The clerk of the Supreme Court shall keep a roll of all
attorneys admitted to practice, which roll shall be signed by the person admitted
when he receives his certificate.
Sec. 20. Duties of attorneys. - It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines;
(b) To observe and maintain the respect due to the courts of justice and judicial
officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be
just, and such defenses only as he believes to be honestly debatable under the law;
(d) 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;
(e) 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;
(f) 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;
(g) 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;
(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
(i) 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. - 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 court for his client, but the
presiding judge may, on motion of either party and on reasonable grounds therefor
being shown, 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, and may
thereupon make such order as justice requires. An attorney wilfully appearing in
court for a person without being employed, unless by leave of the court, may be
punished for contempt as an officer of the court who has misbehaved in his official
transactions.chan robles virtual law library
Sec. 22. Attorney who appears in lower court presumed to represent client on
appeal. - An attorney who appears de parte in a case before a lower court shall be
presumed to continue representing his client on appeal, unless he files a formal
petition withdrawing his appearance in the appellate court.
Sec. 23. Authority of attorneys to bind clients. - Attorneys have authority to bind
their clients in any case by any agreement in relation thereto made in writing, and
in taking appeals, and in all matters of ordinary judicial procedure. But they cannot,
without special authority, compromise their client's litigation, or receive anything in
discharge of a client's claim but the full amount in cash.
Sec. 24. Compensation of attorneys; agreement as to fees. - An attorney shall be
entitled to have and recover from his client no more than a reasonable
compensation for his services, with a view to the importance of the subject matter
of the controversy, the extent of the 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, but may disregard such testimony
and base its conclusion on its own professional knowledge. A written contract for
services shall control the amount to be paid therefor 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 money of his client after it has been demanded, he may be
punished for contempt as an officer of the Court who has misbehaved in his official
transactions; but proceedings under this section 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 proceeding, by the written consent of his client filed in court. He may also
retire at any time from an action or special proceeding, without the consent of his
client, should the court, on notice to the client and attorney, and on hearing,
determine that he ought to be allowed to retire. In case of substitution, the name of
the attorney newly employed shall be entered on the docket of the court in place of
the former one, and written notice of the change shall be given to the adverse party.
A client may at any time dismiss his attorney or substitute another in his place, but
if the contract between client and attorney has been reduced to writing and the
dismissal of the attorney was without justifiable cause, he shall be entitled to
recover from the client the full compensation stipulated in the contract. However,
the attorney may, in the discretion of the court, intervene in the case to protect his
rights. For the payment of his compensation the attorney shall have a lien upon all
judgments for the payment of money, and executions issued in pursuance of such
judgment, rendered in the case wherein his services had been retained by the
client.
Sec. 27. Attorneys removed or suspended by Supreme Court on what grounds. - A
member of the bar may be removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction of a crime involving moral
turpitude, or for any violation of the oath which he is required to take before
admission to practice, or for a wilfull disobedience of any lawful order of a superior
court, or for corruptly or wilfully appearing as an attorney for a party to a case
without authority so to do. The practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or brokers, constitutes malpractice.
Sec. 28. Suspension of attorney by the Court of Appeals or a Court of First Instance.
- The Court of Appeals or a Court of First Instance may suspend an attorney from
practice for any of the causes named in the last preceding section, and after such
suspension such attorney shall not practice his profession until further action of the
Supreme Court in the premises.
Sec. 29. Upon suspension by Court of Appeals or Court of First Instance, further
proceedings in Supreme Court. - Upon such suspension, the Court of Appeals or the
Court of First Instance shall forthwith transmit to the Supreme Court a certified copy
of the order or suspension and a full statement of the facts upon which the same
was based. Upon the receipt of such certified copy and statement, the Supreme
Court shall make full investigation of the facts involved and make such order
revoking or extending the suspension, or removing the attorney from his office as
such, as the facts warrant.chan robles virtual law library
Sec. 30. Attorney to be heard before removal or suspension. - No attorney shall be
removed or suspended from the practice of his profession, until he has had full
opportunity upon reasonable notice to answer the charges against him, to produce
witnesses in his own behalf, and to be heard by himself or counsel. But if upon
reasonable notice he fails to appear and answer the accusation, the court may
proceed to determine the matter ex parte.
Sec. 31. Attorneys for destitute litigants. - A court may assign an attorney to render
professional aid free of charge to any party in a case, if upon investigation it
appears that the 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 duty of the attorney so assigned to render the
required service, unless he is excused therefrom by the court for sufficient cause
shown.
Sec. 32. Compensation for attorneys de oficio. - Subject to availability of funds as
may be provided by law the court may, in its discretion, order an attorney employed
as counsel de oficio to be compensated in such sum as the court may fix in
accordance with section 24 of this rule. Whenever such compensation is allowed, it
shall not be less than thirty pesos (P30.00) in any case, nor more than the following
amounts: (1) Fifty pesos (P50.00) in light felonies; (2) One hundred pesos (P100.00)
in less grave felonies; (3) Two hundred pesos (P200.00) in grave felonies other than
capital offenses; (4) Five hundred pesos (P500.00) in capital offenses.chan robles
virtual law library
Sec. 33. Standing in court of persons authorized to appear for Government. - Any
official or other person appointed or designated in accordance with law to appear
for the Government of the Philippines shall have all the rights of a duly authorized
member of the bar to appear in any case in which said government has an interest
direct or indirect.
Sec. 34. By whom litigation conducted. - In the court of a justice of the peace a
party may conduct his litigation in person, with the aid of an agent or friend
appointed by him for that purpose, or with the aid of an attorney. In any other court,
a party may conduct his litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly authorized member of the bar.
Sec. 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.
Sec. 36. Amicus curiae. - The court may, in special cases, and upon proper
application, permit the appearance, as amici curiae, of those lawyers who in its
opinion can help in the disposition of the matter before it; or it may, on its own
initiative, invite prominent attorneys to appear as amici curiae in such special cases.
Sec. 37. Attorneys' liens. - 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 his lawful fees and disbursements have been paid, and may
apply such funds to the satisfaction thereof. 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, or issuing
such execution, and shall have caused written notice thereof to be delivered to his
client and to the adverse party; and he shall have the same right and power over
such judgments and executions as his client would have to enforce his lien and
secure the payment of his just fees and disbursements.
Rule 138
Section 1. Who may practice law. - Any person heretofore duly admitted as a
member of the bar, or hereafter admitted as such in accordance with the provisions
of this rule, and who is in good and regular standing, is entitled to practice law.
Sec. 2. Requirements for all applicants for admission to the bar. - Every applicant
for admission as a member of the bar must be a citizen of the Philippines, at least
twenty-one years of age, of good moral character, and a resident of the Philippines;
and must produce before the Supreme Court satisfactory evidence of good moral
character, and that no charges against him, involving moral turpitude, have been
filed or are pending in any court in the Philippines.chan robles virtual law library
Sec. 3. Requirements for lawyers who are citizens of the United States of America. Citizens of the United States of America who, before July 4, 1946, were duly licensed
members of the Philippine Bar, in active practice in the courts of the Philippines and
in good and regular standing as such may, upon satisfactory proof of those facts
before the Supreme Court, be allowed to continue such practice after taking the
following oath of office:
"I, _________________________, having been permitted to continue in the practice of
law in the Philippines, do solemnly swear that I recognize the supreme authority of
the Republic of the Philippines; I will support its Constitution and obey the laws as
well as the legal orders of the duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in court; I will not wittingly or willingly
promote or sue any groundless, false or unlawful suit, nor give aid nor consent to
the same; I will delay no man for money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and discretion with all good fidelity
as well to the courts as to my clients; and I impose upon myself this voluntary
obligation without any mental reservation or purpose of evasion. So help me God."
Sec. 4. Requirements for applicants from other jurisdictions. - Applicants for
admission who, being Filipino citizens, are enrolled attorneys in good standing in the
Supreme Court of the United States or in any circuit court of appeals or district court
therein, or in the highest court of any State or Territory of the United States, and
who can show by satisfactory certificates that they have practiced at least five
years in any of said courts, that such practice began before July 4, 1946, and that
they have never been suspended or disbarred, may, in the discretion of the Court,
be admitted without examination.
Sec. 5. Additional requirements for other applicants. - All applicants for admission
other than those referred to in the two preceding sections shall, before being
admitted to the examination, satisfactorily show that they have regularly studied
law for four years, and successfully completed all prescribed courses, in a law
school or university, officially approved and recognized by the Secretary of
Education. The affidavit of the candidate, accompanied by a certificate from the
university or school of law, shall be filed as evidence of such facts, and further
evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily
completed the following courses in a law school or university duly recognized by the
government: civil law, commercial law, remedial law, criminal law, public and
private international law, political law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.chan robles virtual law library
Sec. 6. Pre-Law. - No applicant for admission to the bar examination shall be
admitted unless he presents a certificate that he has satisfied the Secretary of
Education that, before he began the study of law, he had pursued and satisfactorily
completed in an authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school course, the course of
study prescribed therein for a bachelor's degree in arts or sciences with any of the
following subjects as major or field of concentration: political science, logic, english,
spanish, history and economics.
Sec. 7. Time for filing proof of qualifications. - All applicants for admission shall file
with the clerk of the Supreme Court the evidence required by section 2 of this rule
at least fifteen (15) days before the beginning of the examination. If not 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 they shall exhibit a license evidencing the fact of their admission to practice,
satisfactory evidence that the same has not been revoked, and certificates as to
their professional standing. Applicants shall also file at the same time their own
affidavits as to their age, residence, and citizenship.
Sec. 8. Notice of applications. - Notice of applications for admission shall be
published by the clerk of the Supreme Court in newspapers published in Pilipino,
English and Spanish, for at least ten (10) days before the beginning of the
examination.
Sec. 9. Examination; subjects. - Applicants, not otherwise provided for in sections 3
and 4 of this rule, shall be subjected to examinations in the following subjects: Civil
Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public Officers); International Law
(Private and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure,
and Evidence); Legal Ethics and Practical Exercises (in Pleading and Conveyancing).
Sec. 10. Bar examination, by questions and answers, and in writing. - Persons
taking the examination shall not bring papers, books or notes into the examination
rooms. The questions shall be the same for all examinees and a copy thereof, in
English or Spanish, shall be given to each examinee. Examinees shall answer the
questions personally without help from anyone.
Upon verified application made by an examinee stating that his penmanship is so
poor that it will be difficult to read his answers without much loss of time, the
Supreme Court may allow such examinee to use a typewriter in answering the
questions. Only noiseless typewriters shall be allowed to be used. chan robles
virtual law library
The committee of bar examiners shall take such precautions as are necessary to
prevent the substitution of papers or commission of other frauds. Examinees shall
not place their names on the examination papers. No oral examination shall be
given.
Sec. 11. Annual examination. - Examinations for admission to the bar of the
Philippines shall take place annually in the City of Manila. They shall be held in four
days to be designated by the chairman of the committee on bar examiners. The
subjects shall be distributed as follows: First day: Political and International Law
(morning) and Labor and Social Legislation (afternoon); Second day: Civil Law
(morning) and Taxation (afternoon); Third day: Mercantile Law (morning) and
Criminal Law (afternoon); Fourth day: Remedial Law (morning) and Legal Ethics and
Practical Exercises (afternoon).
Sec. 12. Committee of examiners. - Examinations shall be conducted by a
committee of bar examiners to be appointed by the Supreme Court. This committee
shall be composed of a Justice of the Supreme Court, who shall act as chairman, and
who shall be designated by the court to serve for one year, and eight members of
the bar of the Philippines, who shall hold office for a period of one year. The names
of the members of this committee shall be published in each volume of the official
reports.
Sec. 13. Disciplinary measures. - No candidate shall endeavor to influence any
member of the committee, and during examination the candidates shall not
communicate with each other nor shall they give or receive any assistance. The
candidate who violates this provision, or any other provision of this rule, shall be
barred from the examination, and the same to count as a failure against him, and
further disciplinary action, including permanent disqualification, may be taken in the
discretion of the court.chan robles virtual law library
Sec. 14. Passing average. - In order that a candidate 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. In
determining the average, the subjects in the examination shall be given the
following relative weights: Civil Law, 15 per cent; Labor and Social Legislation, 10
per cent; Mercantile Law, 15 per cent; Criminal Law; 10 per cent; Political and
International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent;
Legal Ethics and Practical Exercises, 5 per cent.
Sec. 15. Report of the committee; filing of examination papers. - Not later than
February 15th after the examination, or as soon thereafter as may be practicable,
the committee shall file its reports on the result of such examination. The
examination papers and notes of the committee shall be fixed with the clerk and
may there be examined by the parties in 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 times shall be disqualified from taking another
examination unless they show to the satisfaction of the court that they have
enrolled in and passed regular fourth year review classes as well as attended a prebar review course in a recognized law school.
The professors of the individual review subjects attended by the candidates under
this rule shall certify under oath that the candidates have regularly attended classes
and passed the subjects under the same conditions as ordinary students and the
ratings obtained by them in the particular subject.
Sec. 17. Admission and oath of successful applicants. - An applicant who has
passed the required examination, or has been otherwise found to be entitled to
admission to the bar, shall take and subscribe before the Supreme Court the
corresponding oath of office.
Sec. 18. Certificate. - The Supreme Court shall thereupon admit the applicant as a
member of the bar for all the courts of the Philippines, and shall direct an order to
be entered to that effect upon its records, and that a certificate of such record be
given to him by the clerk of court, which certificate shall be his authority to
practice.chan robles virtual law library
Sec. 19. Attorneys' roll. - The clerk of the Supreme Court shall keep a roll of all
attorneys admitted to practice, which roll shall be signed by the person admitted
when he receives his certificate.
Sec. 20. Duties of attorneys. - It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines;
(b) To observe and maintain the respect due to the courts of justice and judicial
officers;
(c) To counsel or maintain such actions or proceedings only as appear to him to be
just, and such defenses only as he believes to be honestly debatable under the law;
(d) 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;
(e) 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;
(f) 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;
(g) 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;
(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
(i) 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. - 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 court for his client, but the
presiding judge may, on motion of either party and on reasonable grounds therefor
being shown, 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, and may
thereupon make such order as justice requires. An attorney wilfully appearing in
court for a person without being employed, unless by leave of the court, may be
punished for contempt as an officer of the court who has misbehaved in his official
transactions.chan robles virtual law library
Sec. 22. Attorney who appears in lower court presumed to represent client on
appeal. - An attorney who appears de parte in a case before a lower court shall be
presumed to continue representing his client on appeal, unless he files a formal
petition withdrawing his appearance in the appellate court.
Sec. 23. Authority of attorneys to bind clients. - Attorneys have authority to bind
their clients in any case by any agreement in relation thereto made in writing, and
in taking appeals, and in all matters of ordinary judicial procedure. But they cannot,
without special authority, compromise their client's litigation, or receive anything in
discharge of a client's claim but the full amount in cash.
Sec. 24. Compensation of attorneys; agreement as to fees. - An attorney shall be
entitled to have and recover from his client no more than a reasonable
compensation for his services, with a view to the importance of the subject matter
of the controversy, the extent of the 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, but may disregard such testimony
and base its conclusion on its own professional knowledge. A written contract for
services shall control the amount to be paid therefor 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 money of his client after it has been demanded, he may be
punished for contempt as an officer of the Court who has misbehaved in his official
transactions; but proceedings under this section 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 proceeding, by the written consent of his client filed in court. He may also
retire at any time from an action or special proceeding, without the consent of his
client, should the court, on notice to the client and attorney, and on hearing,
determine that he ought to be allowed to retire. In case of substitution, the name of
the attorney newly employed shall be entered on the docket of the court in place of
the former one, and written notice of the change shall be given to the adverse party.
A client may at any time dismiss his attorney or substitute another in his place, but
if the contract between client and attorney has been reduced to writing and the
dismissal of the attorney was without justifiable cause, he shall be entitled to
recover from the client the full compensation stipulated in the contract. However,
the attorney may, in the discretion of the court, intervene in the case to protect his
rights. For the payment of his compensation the attorney shall have a lien upon all
judgments for the payment of money, and executions issued in pursuance of such
judgment, rendered in the case wherein his services had been retained by the
client.
Sec. 27. Attorneys removed or suspended by Supreme Court on what grounds. - A
member of the bar may be removed or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction of a crime involving moral
turpitude, or for any violation of the oath which he is required to take before
admission to practice, or for a wilfull disobedience of any lawful order of a superior
court, or for corruptly or wilfully appearing as an attorney for a party to a case
without authority so to do. The practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or brokers, constitutes malpractice.
Sec. 28. Suspension of attorney by the Court of Appeals or a Court of First Instance.
- The Court of Appeals or a Court of First Instance may suspend an attorney from
practice for any of the causes named in the last preceding section, and after such
suspension such attorney shall not practice his profession until further action of the
Supreme Court in the premises.
Sec. 29. Upon suspension by Court of Appeals or Court of First Instance, further
proceedings in Supreme Court. - Upon such suspension, the Court of Appeals or the
Court of First Instance shall forthwith transmit to the Supreme Court a certified copy
of the order or suspension and a full statement of the facts upon which the same
was based. Upon the receipt of such certified copy and statement, the Supreme
Court shall make full investigation of the facts involved and make such order
revoking or extending the suspension, or removing the attorney from his office as
such, as the facts warrant.chan robles virtual law library
Sec. 30. Attorney to be heard before removal or suspension. - No attorney shall be
removed or suspended from the practice of his profession, until he has had full
opportunity upon reasonable notice to answer the charges against him, to produce
witnesses in his own behalf, and to be heard by himself or counsel. But if upon
reasonable notice he fails to appear and answer the accusation, the court may
proceed to determine the matter ex parte.
Sec. 31. Attorneys for destitute litigants. - A court may assign an attorney to render
professional aid free of charge to any party in a case, if upon investigation it
appears that the 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 duty of the attorney so assigned to render the
required service, unless he is excused therefrom by the court for sufficient cause
shown.
Sec. 32. Compensation for attorneys de oficio. - Subject to availability of funds as
may be provided by law the court may, in its discretion, order an attorney employed
as counsel de oficio to be compensated in such sum as the court may fix in
accordance with section 24 of this rule. Whenever such compensation is allowed, it
shall not be less than thirty pesos (P30.00) in any case, nor more than the following
amounts: (1) Fifty pesos (P50.00) in light felonies; (2) One hundred pesos (P100.00)
in less grave felonies; (3) Two hundred pesos (P200.00) in grave felonies other than
capital offenses; (4) Five hundred pesos (P500.00) in capital offenses.chan robles
virtual law library
Sec. 33. Standing in court of persons authorized to appear for Government. - Any
official or other person appointed or designated in accordance with law to appear
for the Government of the Philippines shall have all the rights of a duly authorized
member of the bar to appear in any case in which said government has an interest
direct or indirect.
Sec. 34. By whom litigation conducted. - In the court of a justice of the peace a
party may conduct his litigation in person, with the aid of an agent or friend
appointed by him for that purpose, or with the aid of an attorney. In any other court,
a party may conduct his litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly authorized member of the bar.
Sec. 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.
Sec. 36. Amicus curiae. - The court may, in special cases, and upon proper
application, permit the appearance, as amici curiae, of those lawyers who in its
opinion can help in the disposition of the matter before it; or it may, on its own
initiative, invite prominent attorneys to appear as amici curiae in such special cases.
Sec. 37. Attorneys' liens. - 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 his lawful fees and disbursements have been paid, and may
apply such funds to the satisfaction thereof. 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, or issuing
such execution, and shall have caused written notice thereof to be delivered to his
client and to the adverse party; and he shall have the same right and power over
such judgments and executions as his client would have to enforce his lien and
secure the payment of his just fees and disbursements.
