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BAR MATTER 1153 Estelito Mendoza

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BAR MATTER 1153 circularize its resolution approving the said

Philippine Bar Now Open to Filipinos with Foreign amendments among all law schools in the country.
Law Degrees (Bar Matter No. 1153, Re: Letter of Atty. Estelito P.
March 23, 2010 Mendoza Proposing Reforms in the Bar
By Anna Katrina M. Martinez Examinations through Amendments to Rule 138 of
The Supreme Court En Banc has recently approved the Rules of Court, March 9, 2010)
the proposed amendments to Sections 5 and 6 of
Rule 138 of the Rules of Court, allowing Filipino RULE 138
graduates of foreign law schools to take the
Philippine Bar, subject to certain conditions. Attorneys and Admission to Bar

Section 5 of the Rule now provides that before


being admitted to the examination, all applicants Section 1. Who may practice law. — Any
for admission to the bar shall satisfactorily show person heretofore duly admitted as a member of
that they have successfully completed all the the bar, or hereafter admitted as such in
prescribed courses for the degree of Bachelor of accordance with the provisions of this rule, and
Laws or its equivalent degree in a law school or who is in good and regular standing, is entitled to
university officially recognized by the Philippine practice law.
Government or by the proper authority in the
foreign jurisdiction where the degree has been Section 2. Requirements for all applicants for
granted. admission to the bar. — Every applicant for
admission as a member of the bar must be a citizen
Section 5 now also provides that a Filipino citizen of the Philippines, at least twenty-one years of age,
“who graduated from a foreign law school shall be of good moral character, and resident of the
admitted to the bar examination only upon Philippines; and must produce before the Supreme
submission to the Supreme Court of certifications Court satisfactory evidence of good moral
showing: (a) completion of all courses leading to character, and that no charges against him,
the degree of Bachelor of Laws or its equivalent involving moral turpitude, have been filed or are
degree; (b) recognition or accreditation of the law pending in any court in the Philippines.
school by the proper authority; and (c) completion
of all fourth year subjects in the Bachelor of Laws Section 3. Requirements for lawyers who are
academic program in a law school duly recognized citizens of the United States of America. — Citizens
by the Philippine Government.” of the United States of America who, before July 4,
1946, were duly licensed members of the Philippine
SEC. 6.Pre-Law. — An applicant for admission to Bar, in active practice in the courts of the
the bar examination shall present a certificate Philippines and in good and regular standing as
issued by the proper government agency that, such may, upon satisfactory proof of those facts
before commencing the study of law, he or she had before the Supreme Court, be allowed to continue
pursued and satisfactorily completed in an such practice after taking the following oath of
authorized and recognized university or college, office:
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 I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted
sciences. to continue in the practice of law in the Philippines,
do solemnly swear that I recognize the supreme
A Filipino citizen who completed and obtained his authority of the Republic of the Philippines; I will
or her degree in Bachelor of Laws or its equivalent support its Constitution and obey the laws as well
in a foreign law school must also present proof of as the legal orders of the duly constituted
completion of a separate bachelor’s degree. authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not
The Supreme Court has directed the Clerk of Court, wittingly or willingly promote or sue any
through the Office of the Bar Confidant, to groundless, false or unlawful suit, nor give aid nor
consent to the same; I will delay no man for money thereto the completion of a four-year high school
or malice, and will conduct myself as a lawyer course, the course of study prescribed therein for a
according to the best of may knowledge and bachelor's degree in arts or sciences with any of the
discretion with all good fidelity as well as to the following subjects as major or field of
courts as to my clients; and I impose upon myself concentration: political science, logic, english,
this voluntary obligation without any mental spanish, history and economics.
reservation or purpose of evasion. So help me God.

Section 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.

Section 5. Additional requirements for other


applicants. — All applicants for admission other
than those referred to in the two preceding section
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.

Section 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

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