Bar Matter No. 1153Quoted hereunder, for your information, is a resolution of the Court EnBanc dated March 9, 2010"B.M. No. 1153 (Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar

Examinations Through Amendments to Rule 138 of the Rules of Court). - The Court Resolved

to APPROVE the proposed amendments to Sections 5 and 6 of Rule 138, to wit:

SEC. 5.Additional Requirement 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 successfully completed all the

prescribed courses for the degree of Bachelor of Laws or its equivalent degree, in a

law school or university officially recognized by the Philippine Government or by the

proper authority in the foreign jurisdiction where the degree has been granted.

No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be

admitted to the bar examination unless he or she has satisfactorily completed the

following course 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.

A Filipino citizen who graduated from a foreign law school shall be admitted to the

bar examination only upon submission to the Supreme Court of certifications showing:

(a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent

degree; (b) recognition or accreditation of the law school by the proper authority;

and (c) completion of all the fourth year subjects in the Bachelor of Laws academic

program in a law school duly recognized by the Philippine Government.

SEC. 6.Pre-Law. — An applicant for admission to the bar examination shall present a

certificate issued by the proper government agency that, before commencing the study

of law, he or she 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.

A Filipino citizen who completed and obtained his or her Bachelor of Laws degree or

its equivalent in a foreign law school must present proof of having completed a separate

bachelor's degree course.

The Clerk of Court, through the Office of the Bar Confidant, is hereby directed to

CIRCULARIZE this resolution among all law schools in the country."

RULE 138Attorneys and Admission to Bar

Section 1. Who may practice law. — Any person heretofore duly admitted as amember of the bar, or hereafter admitted as such in accordance with theprovisions of this rule, and who is in good and regular standing, is entitled topractice law.

Section 2. Requirements for all applicants for admission to the bar. — Everyapplicant for admission as a member of the bar must be a citizen of thePhilippines, at least twenty-one years of age, of good moral character, andresident of the Philippines; and must produce before the Supreme Courtsatisfactory evidence of good moral character, and that no charges against him,involving moral turpitude, have been filed or are pending in any court in thePhilippines.

Section 3. Requirements for lawyers who are citizens of the United States ofAmerica. — Citizens of the United States of America who, before July 4, 1946,were duly licensed members of the Philippine Bar, in active practice in thecourts of the Philippines and in good and regular standing as such may, uponsatisfactory proof of those facts before the Supreme Court, be allowed tocontinue such practice after taking the following oath of office:

I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in thepractice of law in the Philippines, do solemnly swear that I recognize thesupreme authority of the Republic of the Philippines; I will support itsConstitution and obey the laws as well as the legal orders of the dulyconstituted authorities therein; I will do no falsehood, nor consent to the doingof 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 manfor money or malice, and will conduct myself as a lawyer according to the bestof may knowledge and discretion with all good fidelity as well as to the courtsas to my clients; and I impose upon myself this voluntary obligation without anymental reservation or purpose of evasion. So help me God.

Section 4. Requirements for applicants from other jurisdictions. — Applicantsfor admission who, being Filipino citizens, are enrolled attorneys in goodstanding in the Supreme Court of the United States or in any circuit court ofappeals or district court therein, or in the highest court of any State or Territoryof the United States, and who can show by satisfactory certificates that theyhave practiced at least five years in any of said courts, that such practice beganbefore July 4, 1946, and that they have never been suspended or disbarred,may, in the discretion of the Court, be admitted without examination.

Section 5. Additional requirements for other applicants. — All applicants foradmission other than those referred to in the two preceding section shall,before being admitted to the examination, satisfactorily show that they haveregularly studied law for four years, and successfully completed all prescribedcourses, in a law school or university, officially approved and recognized by theSecretary of Education. The affidavit of the candidate, accompanied by acertificate from the university or school of law, shall be filed as evidence ofsuch facts, and further evidence may be required by the court.

No applicant shall be admitted to the bar examinations unless he hassatisfactorily completed the following courses in a law school or university dulyrecognized by the government: civil law, commercial law, remedial law,criminal law, public and private international law, political law, labor and sociallegislation, medical jurisprudence, taxation and legal ethics.

Section 6. Pre-Law. — No applicant for admission to the bar examination shallbe admitted unless he presents a certificate that he has satisfied the Secretaryof Education that, before he began the study of law, he had pursued andsatisfactorily completed in an authorized and recognized university or college,requiring for admission thereto the completion of a four-year high schoolcourse, the course of study prescribed therein for a bachelor's degree in arts orsciences with any of the following subjects as major or field of concentration:political science, logic, english, spanish, history and economics.

Section 7. Time for filing proof of qualifications. — All applicants for admissionshall file with the clerk of the Supreme Court the evidence required by section 2of this rule at least fifteen (15) days before the beginning of the examination. If

not embraced within section 3 and 4 of this rule they shall also file within thesame period the affidavit and certificate required by section 5, and if embracedwithin sections 3 and 4 they shall exhibit a license evidencing the fact of theiradmission to practice, satisfactory evidence that the same has not beenrevoked, and certificates as to their professional standing. Applicants shall alsofile at the same time their own affidavits as to their age, residence, andcitizenship.

Section 8. Notice of Applications. — Notice of applications for admission shallbe published by the clerk of the Supreme Court in newspapers published inPilipino, English and Spanish, for at least ten (10) days before the beginning ofthe examination.

Section 9. Examination; subjects. — Applicants, not otherwise provided for insections 3 and 4 of this rule, shall be subjected to examinations in the followingsubjects: 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 (inPleadings and Conveyancing).

Section 10. Bar examination, by questions and answers, and in writing. —Persons taking the examination shall not bring papers, books or notes into theexamination rooms. The questions shall be the same for all examinees and acopy thereof, in English or Spanish, shall be given to each examinee. Examineesshall answer the questions personally without help from anyone.

Upon verified application made by an examinee stating that his penmanship isso 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 answeringthe questions. Only noiseless typewriters shall be allowed to be used.

The committee of bar examiner shall take such precautions as are necessary toprevent the substitution of papers or commission of other frauds. Examineesshall not place their names on the examination papers. No oral examinationshall be given.

Section 11. Annual examination. — Examinations for admission to the bar ofthe Philippines shall take place annually in the City of Manila. They shall be heldin four days to be disignated by the chairman of the committee on barexaminers. The subjects shall be distributed as follows: First day: Political andInternational 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: RemedialLaw (morning) and legal Ethics and Practical Exercises (afternoon).

Section 12. Committee of examiners. — Examinations shall be conducted by acommittee of bar examiners to be appointed by the Supreme Court. Thiscommittee shall be composed of a Justice of the Supreme Court, who shall actas 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 aperiod of one year. The names of the members of this committee shall bepublished in each volume of the official reports.

Section 13. Disciplinary measures. — No candidate shall endeavor to influenceany member of the committee, and during examination the candidates shallnot communicate with each other nor shall they give or receive any assistance.The candidate who violates this provisions, or any other provision of this rule,shall be barred from the examination, and the same to count as a failureagainst him, and further disciplinary action, including permanentdisqualification, may be taken in the discretion of the court.

Section 14. Passing average. — In order that a candidate may be deemed tohave passed his examinations successfully, he must have obtained a generalaverage of 75 per cent in all subjects, without falling below 50 per cent in anysubjects. In determining the average, the subjects in the examination shall begiven the following relative weights: Civil Law, 15 per cent; Labor and SocialLegislation, 10 per cent; Mercantile Law, 15 per cent; Criminal Law; 10 per cent:Political and International Law, 15 per cent; Taxation, 10 per cent; RemedialLaw, 20 per cent; Legal Ethics and Practical Exercises, 5 per cent.

Section 15. Report of the committee; filing of examination papers. — Not laterthan February 15th after the examination, or as soon thereafter as may bepracticable, the committee shall file its report on the result of such examination.The examination papers and notes of the committee shall be filed with theclerk and may there be examined by the parties in interest, after the court hasapproved the report.

Section 16. Failing candidates to take review course. — Candidates who havefailed the bar examinations for three times shall be disqualified from takinganother examination unless they show the satisfaction of the court that theyhave enrolled in and passed regular fourth year review classes as well asattended a pre-bar review course in a recognized law school.

The professors of the individual review subjects attended by the candidatesunder this rule shall certify under oath that the candidates have regularlyattended classes and passed the subjects under the same conditions asordinary students and the ratings obtained by them in the particular subject.

Section 17. Admission and oath of successful applicants. — An applicant whohas passed the required examination, or has been otherwise found to beentitled to admission to the bar, shall take and subscribe before the SupremeCourt the corresponding oath of office.

Section 18. Certificate. — The supreme Court shall thereupon admit theapplicant as a member of the bar for all the courts of the Philippines, and shalldirect an order to be entered to that effect upon its records, and that acertificate of such record be given to him by the clerk of court, which certificateshall be his authority to practice.

Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a roll ofall attorneys admitted to practice, which roll shall be signed by the personadmitted when he receives his certificate.

Section 20. Duties of attorneys. — It is the duty of an attorney:

(a) To maintain allegiance to the Republic of the Philippines and to support theConstitution and obey the laws of the Philippines.(b) To observe and maintain the respect due to the courts of justice and judicialofficers;(c) To counsel or maintain such actions or proceedings only as appear to him tobe just, and such defenses only as he believes to be honestly debatable underthe law.(d) To employ, for the purpose of maintaining the causes confided to him, suchmeans only as are consistent with truth and honor, and never seek to misleadthe 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, topreserve the secrets of his client, and to accept no compensation in connectionwith 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 prejudicialto the honor or reputation of a party or witness, unless required by the justiceof the cause with which he is charged;(g) Not to encourage either the commencement or the continuance of anaction or proceeding, or delay any man's cause, from any corrupt motive orinterest;(h) Never to reject, for any consideration personal to himself, the cause of thedefenseless 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 presentevery defense that the law permits, to the end that no person may be deprivedof life or liberty, but by due process of law.

Section 21. Authority of attorney to appear. — an attorney is presumed to beproperly authorized to represent any cause in which he appears, and no writtenpower 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 reasonablegrounds therefor being shown, require any attorney who assumes the right toappear 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 whoemployed him, and may thereupon make such order as justice requires. Anattorneys wilfully appear in court for a person without being employed, unlessby leave of the court, may be punished for contempt as an officer of the courtwho has misbehaved in his official transactions.

Section 22. Attorney who appears in lower court presumed to represent clienton appeal. — An attorney who appears de parte in a case before a lower courtshall be presumed to continue representing his client on appeal, unless he filesa formal petition withdrawing his appearance in the appellate court.

Section 23. Authority of attorneys to bind clients. — Attorneys have authorityto bind their clients in any case by any agreement in relation thereto made inwriting, 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.

Section 24. Compensation of attorneys; agreement as to fees. — An attorneyshall be entitled to have and recover from his client no more than a reasonablecompensation for his services, with a view to the importance of the subjectmatter of the controversy, the extent of the services rendered, and theprofessional standing of the attorney. No court shall be bound by the opinion ofattorneys as expert witnesses as to the proper compensation, but maydisregard such testimony and base its conclusion on its own professionalknowledge. A written contract for services shall control the amount to be paidtherefor unless found by the court to be unconscionable or unreasonable.

Section 25. Unlawful retention of client's funds; contempt. — When an attorneyunjustly retains in his hands money of his client after it has been demanded, hemay be punished for contempt as an officer of the Court who has misbehavedin his official transactions; but proceedings under this section shall not be a barto a criminal prosecution.

Section 26. Change of attorneys. — An attorney may retire at any time fromany action or special proceeding, by the written consent of his client filed incourt. 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 andattorney, and on hearing, determine that he ought to be allowed to retire. Incase of substitution, the name of the attorney newly employed shall be enteredon the docket of the court in place of the former one, and written notice of thechange shall be given to the advance 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 writingand the dismissal of the attorney was without justifiable cause, he shall beentitled to recover from the client the full compensation stipulated in thecontract. However, the attorney may, in the discretion of the court, intervenein the case to protect his rights. For the payment of his compensation theattorney shall have a lien upon all judgments for the payment of money, andexecutions issued in pursuance of such judgment, rendered in the case whereinhis services had been retained by the client.

Section 27. Attorneys removed or suspended by Supreme Court on whatgrounds. — A member of the bar may be removed or suspended from his officeas attorney by the Supreme Court for any deceit, malpractice, or other grossmisconduct in such office, grossly immoral conduct, or by reason of hisconviction of a crime involving moral turpitude, or for any violation of the oathwhich he is required to take before the admission to practice, or for a wilfulldisobedience of any lawful order of a superior court, or for corruptly or willfulappearing as an attorney for a party to a case without authority so to do. Thepractice of soliciting cases at law for the purpose of gain, either personally orthrough paid agents or brokers, constitutes malpractice.

Section 28. Suspension of attorney by the Court of Appeals or a Court of FirstInstance. — The Court of Appeals or a Court of First Instance may suspend anattorney from practice for any of the causes named in the last precedingsection, and after such suspension such attorney shall not practice hisprofession until further action of the Supreme Court in the premises.

Section 29. Upon suspension by the Court of Appeals or Court of First Instance,further proceedings in Supreme Court. — Upon such suspension, the Court ofAppeals or the Court of First Instance shall forthwith transmit to the SupremeCourt a certified copy of the order of suspension and a full statement of thefacts upon which the same was based. Upon the receipt of such certified copyand statement, the Supreme Court shall make a full investigation of the factsinvolved and make such order revoking or extending the suspension, orremoving the attorney from his office as such, as the facts warrant.

Section 30. Attorney to be heard before removal or suspension. — No attorneyshall be removed or suspended from the practice of his profession, until he hashad 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, thecourt may proceed to determine the matter ex parte.

Section 31. Attorneys for destitute litigants. — A court may assign an attorneyto render professional aid free of charge to any party in a case, if uponinvestigation it appears that the party is destitute and unable to employ anattorney, and that the services of counsel are necessary to secure the ends ofjustice and to protect the rights of the party. It shall be the duty of the attorneyso assigned to render the required service, unless he is excused therefrom bythe court for sufficient cause shown.

Section 32. Compensation for attorneys de oficio. — Subject to availability offunds as may be provided by the law the court may, in its discretion, order anattorney employed as counsel de oficio to be compensates in such sum as thecourt may fix in accordance with section 24 of this rule. Whenever suchcompensation is allowed, it shall be not less than thirty pesos (P30) in any case,nor more than the following amounts: (1) Fifty pesos (P50) in light felonies; (2)One hundred pesos (P100) in less grave felonies; (3) Two hundred pesos (P200)in grave felonies other than capital offenses; (4) Five Hundred pesos (P500) incapital offenses.

Section 33. Standing in court of person authorized to appear for Government.— Any official or other person appointed or designated in accordance with lawto appear for the Government of the Philippines shall have all the rights of aduly authorized member of the bar to appear in any case in which saidgovernment has an interest direct or indirect.

Section 34. By whom litigation conducted. — In the court of a justice of thepeace a party may conduct his litigation in person, with the aid of an agent orfriend appointed by him for the purpose, or with the aid an attorney. In anyother court, a party may conduct his litigation personally or by aid of anattorney, and his appearance must be either personal or by a duly authorizedmember of the bar.

Section 35. Certain attorneys not to practice. — No judge or other official oremployee of the superior courts or of the Office of the Solicitor General, shallengage in private practice as a member of the bar or give professional advice toclients.

Section 36. Amicus Curiae. — Experienced and impartial attorneys may beinvited by the Court to appear as amici curiae to help in the disposition ofissues submitted to it.

Section 37. Attorneys' liens. — An attorney shall have a lien upon the funds,documents and papers of his client which have lawfully come into hispossession and may retain the same until his lawful fees and disbursementshave been paid, and may apply such funds to the satisfaction thereof. He shallalso have a lien to the same extent upon all judgments for the payment ofmoney, and executions issued in pursuance of such judgments, which he hassecured in a litigation of his client, from and after the time when he shall havethe caused a statement of his claim of such lien to be entered upon the recordsof the court rendering such judgment, or issuing such execution, and shall havethe caused written notice thereof to be delivered to his client and to theadverse paty; and he shall have the same right and power over such judgmentsand executions as his client would have to enforce his lien and secure thepayment of his just fees and disbursements.