DISQUALIFICATION OF JUDICIAL OFFICERS Sec. 4. Requirements for applicants from other jurisdictions.

- Applicants for admission who,

RULE 137 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
Sec. 1. Disqualification of judges. - No judge or judicial officer shall sit in any case in which he, of any State or Territory of the United States, and who can show by satisfactory certificates
or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in that they have practiced at least five years in any of said courts, that such practice began
which he is related to either party within the sixth degree of consanguinity or affinity, or to before July 4, 1946, and that they have never been suspended or disbarred, may, in the
counsel within the fourth degree, computed according to the rules of the civil law, or in discretion of the Court, be admitted without examination.
which he has been executor, administrator, guardian, trustee or counsel, or in which he has Sec. 5. Additional requirements for other applicants. - All applicants for admission other than
presided in any inferior court when his ruling or decision is the subject of review, without the those referred to in the two preceding sections shall, before being admitted to the
written consent of all parties in interest, signed by them and entered upon the record. examination, satisfactorily show that they have regularly studied law for four years, and
A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, successfully completed all prescribed courses, in a law school or university, officially
for just or valid reasons other than those mentioned above. approved and recognized by the Secretary of Education. The affidavit of the candidate,
Sec. 2. Objection that judge disqualified, how made and effect. - If it be claimed that an accompanied by a certificate from the university or school of law, shall be filed as evidence of
official is disqualified from sitting as above provided, the party objecting to his competency such facts, and further evidence may be required by the court.
may, in writing, file with the official his objection, stating the grounds therefor, and the No applicant shall be admitted to the bar examinations unless he has satisfactorily completed
official shall thereupon proceed with the trial, or withdraw therefrom, in accordance with his the following courses in a law school or university duly recognized by the government: civil
determination of the question of his disqualification. His decision shall be forthwith made in law, commercial law, remedial law, criminal law, public and private international law, political
writing and filed with the other papers in the case, but no appeal or stay shall be allowed law, labor and social legislation, medical jurisprudence, taxation and legal ethics.
from, or by reason of, his decision in favor of his own competency, until after final judgment Sec. 6. Pre-Law. - No applicant for admission to the bar examination shall be admitted unless
in the case. 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-
ATTORNEYS AND ADMISSION TO THE BAR year high school course, the course of study prescribed therein for a bachelor's degree in arts
RULE 138 or sciences with any of the following subjects as major or field of concentration: political
science, logic, english, spanish, history and economics.
Section 1. Who may practice law. - Any person heretofore duly admitted as a member of the Sec. 7. Time for filing proof of qualifications. - All applicants for admission shall file with the
bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is clerk of the Supreme Court the evidence required by section 2 of this rule at least fifteen (15)
in good and regular standing, is entitled to practice law. days before the beginning of the examination. If not embraced within sections 3 and 4 of this
Sec. 2. Requirements for all applicants for admission to the bar. - Every applicant for rule they shall also file within the same period the affidavit and certificate required by section
admission as a member of the bar must be a citizen of the Philippines, at least twenty-one 5, and if embraced within sections 3 and 4 they shall exhibit a license evidencing the fact of
years of age, of good moral character, and a resident of the Philippines; and must produce their admission to practice, satisfactory evidence that the same has not been revoked, and
before the Supreme Court satisfactory evidence of good moral character, and that no charges certificates as to their professional standing. Applicants shall also file at the same time their
against him, involving moral turpitude, have been filed or are pending in any court in the own affidavits as to their age, residence, and citizenship.
Philippines. Sec. 8. Notice of applications. - Notice of applications for admission shall be published by the
Sec. 3. Requirements for lawyers who are citizens of the United States of America. - Citizens clerk of the Supreme Court in newspapers published in Pilipino, English and Spanish, for at
of the United States of America who, before July 4, 1946, were duly licensed members of the least ten (10) days before the beginning of the examination.
Philippine Bar, in active practice in the courts of the Philippines and in good and regular Sec. 9. Examination; subjects. - Applicants, not otherwise provided for in sections 3 and 4 of
standing as such may, upon satisfactory proof of those facts before the Supreme Court, be this rule, shall be subjected to examinations in the following subjects: Civil Law; Labor and
allowed to continue such practice after taking the following oath of office: Social Legislation; Mercantile Law; Criminal Law; Political Law (Constitutional Law, Public
"I, _________________________, having been permitted to continue in the practice of law in Corporations, and Public Officers); International Law (Private and Public); Taxation; Remedial
the Philippines, do solemnly swear that I recognize the supreme authority of the Republic of Law (Civil Procedure, Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises
the Philippines; I will support its Constitution and obey the laws as well as the legal orders of (in Pleading and Conveyancing).
the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of Sec. 10. Bar examination, by questions and answers, and in writing. - Persons taking the
any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful examination shall not bring papers, books or notes into the examination rooms. The
suit, nor give aid nor consent to the same; I will delay no man for money or malice, and will questions shall be the same for all examinees and a copy thereof, in English or Spanish, shall
conduct myself as a lawyer according to the best of my knowledge and discretion with all be given to each examinee. Examinees shall answer the questions personally without help
good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary from anyone.
obligation without any mental reservation or purpose of evasion. So help me God." 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 Sec. 18. Certificate. - The Supreme Court shall thereupon admit the applicant as a member of
shall be allowed to be used. the bar for all the courts of the Philippines, and shall direct an order to be entered to that
The committee of bar examiners shall take such precautions as are necessary to prevent the effect upon its records, and that a certificate of such record be given to him by the clerk of
substitution of papers or commission of other frauds. Examinees shall not place their names court, which certificate shall be his authority to practice.
on the examination papers. No oral examination shall be given. Sec. 19. Attorneys' roll. - The clerk of the Supreme Court shall keep a roll of all attorneys
Sec. 11. Annual examination. - Examinations for admission to the bar of the Philippines shall admitted to practice, which roll shall be signed by the person admitted when he receives his
take place annually in the City of Manila. They shall be held in four days to be designated by certificate.
the chairman of the committee on bar examiners. The subjects shall be distributed as follows: Sec. 20. Duties of attorneys. - It is the duty of an attorney:
First day: Political and International Law (morning) and Labor and Social Legislation (a) To maintain allegiance to the Republic of the Philippines and to support the Constitution
(afternoon); Second day: Civil Law (morning) and Taxation (afternoon); Third day: Mercantile and obey the laws of the Philippines;
Law (morning) and Criminal Law (afternoon); Fourth day: Remedial Law (morning) and Legal (b) To observe and maintain the respect due to the courts of justice and judicial officers;
Ethics and Practical Exercises (afternoon). (c) To counsel or maintain such actions or proceedings only as appear to him to be just, and
Sec. 12. Committee of examiners. - Examinations shall be conducted by a committee of bar such defenses only as he believes to be honestly debatable under the law;
examiners to be appointed by the Supreme Court. This committee shall be composed of a (d) To employ, for the purpose of maintaining the causes confided to him, such means only as
Justice of the Supreme Court, who shall act as chairman, and who shall be designated by the are consistent with truth and honor, and never seek to mislead the judge or any judicial
court to serve for one year, and eight members of the bar of the Philippines, who shall hold officer by an artifice or false statement of fact or law;
office for a period of one year. The names of the members of this committee shall be (e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets
published in each volume of the official reports. of his client, and to accept no compensation in connection with his client's business except
Sec. 13. Disciplinary measures. - No candidate shall endeavor to influence any member of from him or with his knowledge and approval;
the committee, and during examination the candidates shall not communicate with each (f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
other nor shall they give or receive any assistance. The candidate who violates this provision, reputation of a party or witness, unless required by the justice of the cause with which he is
or any other provision of this rule, shall be barred from the examination, and the same to charged;
count as a failure against him, and further disciplinary action, including permanent (g) Not to encourage either the commencement or the continuance of an action or
disqualification, may be taken in the discretion of the court. proceeding, or delay any man's cause, from any corrupt motive or interest;
Sec. 14. Passing average. - In order that a candidate may be deemed to have passed his (h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
examinations successfully, he must have obtained a general average of 75 per cent in all oppressed;
subjects, without falling below 50 per cent in any subject. In determining the average, the (i) In the defense of a person accused of crime, by all fair and honorable means, regardless of
subjects in the examination shall be given the following relative weights: Civil Law, 15 per his personal opinion as to the guilt of the accused, to present every defense that the law
cent; Labor and Social Legislation, 10 per cent; Mercantile Law, 15 per cent; Criminal Law; 10 permits, to the end that no person may be deprived of life or liberty, but by due process of
per cent; Political and International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 law.
per cent; Legal Ethics and Practical Exercises, 5 per cent. Sec. 21. Authority of attorney to appear. - An attorney is presumed to be properly authorized
Sec. 15. Report of the committee; filing of examination papers. - Not later than February to represent any cause in which he appears, and no written power of attorney is required to
15th after the examination, or as soon thereafter as may be practicable, the committee shall authorize him to appear in court for his client, but the presiding judge may, on motion of
file its reports on the result of such examination. The examination papers and notes of the either party and on reasonable grounds therefor being shown, require any attorney who
committee shall be fixed with the clerk and may there be examined by the parties in interest, assumes the right to appear in a case to produce or prove the authority under which he
after the court has approved the report. appears, and to disclose, whenever pertinent to any issue, the name of the person who
Sec. 16. Failing candidates to take review course. - Candidates who have failed the bar employed him, and may thereupon make such order as justice requires. An attorney wilfully
examinations for three times shall be disqualified from taking another examination unless appearing in court for a person without being employed, unless by leave of the court, may be
they show to the satisfaction of the court that they have enrolled in and passed regular punished for contempt as an officer of the court who has misbehaved in his official
fourth year review classes as well as attended a pre-bar review course in a recognized law transactions.
school. Sec. 22. Attorney who appears in lower court presumed to represent client on appeal. - An
The professors of the individual review subjects attended by the candidates under this rule attorney who appears de parte in a case before a lower court shall be presumed to continue
shall certify under oath that the candidates have regularly attended classes and passed the representing his client on appeal, unless he files a formal petition withdrawing his
subjects under the same conditions as ordinary students and the ratings obtained by them in appearance in the appellate court.
the particular subject. Sec. 23. Authority of attorneys to bind clients. - Attorneys have authority to bind their clients
Sec. 17. Admission and oath of successful applicants. - An applicant who has passed the in any case by any agreement in relation thereto made in writing, and in taking appeals, and
required examination, or has been otherwise found to be entitled to admission to the bar, in all matters of ordinary judicial procedure. But they cannot, without special authority,
shall take and subscribe before the Supreme Court the corresponding oath of office. 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 reasonable notice to answer the charges against him, to produce witnesses in his own behalf,
have and recover from his client no more than a reasonable compensation for his services, and to be heard by himself or counsel. But if upon reasonable notice he fails to appear and
with a view to the importance of the subject matter of the controversy, the extent of the answer the accusation, the court may proceed to determine the matter ex parte.
services rendered, and the professional standing of the attorney. No court shall be bound by Sec. 31. Attorneys for destitute litigants. - A court may assign an attorney to render
the opinion of attorneys as expert witnesses as to the proper compensation, but may professional aid free of charge to any party in a case, if upon investigation it appears that the
disregard such testimony and base its conclusion on its own professional knowledge. A party is destitute and unable to employ an attorney, and that the services of counsel are
written contract for services shall control the amount to be paid therefor unless found by the necessary to secure the ends of justice and to protect the rights of the party. It shall be the
court to be unconscionable or unreasonable. duty of the attorney so assigned to render the required service, unless he is excused
Sec. 25. Unlawful retention of client's funds; contempt. - When an attorney unjustly retains in therefrom by the court for sufficient cause shown.
his hands money of his client after it has been demanded, he may be punished for contempt Sec. 32. Compensation for attorneys de oficio. - Subject to availability of funds as may be
as an officer of the Court who has misbehaved in his official transactions; but proceedings provided by law the court may, in its discretion, order an attorney employed as counsel de
under this section shall not be a bar to a criminal prosecution. oficio to be compensated in such sum as the court may fix in accordance with section 24 of
Sec. 26. Change of attorneys. - An attorney may retire at any time from any action or special this rule. Whenever such compensation is allowed, it shall not be less than thirty pesos
proceeding, by the written consent of his client filed in court. He may also retire at any time (P30.00) in any case, nor more than the following amounts: (1) Fifty pesos (P50.00) in light
from an action or special proceeding, without the consent of his client, should the court, on felonies; (2) One hundred pesos (P100.00) in less grave felonies; (3) Two hundred pesos
notice to the client and attorney, and on hearing, determine that he ought to be allowed to (P200.00) in grave felonies other than capital offenses; (4) Five hundred pesos (P500.00) in
retire. In case of substitution, the name of the attorney newly employed shall be entered on capital offenses.
the docket of the court in place of the former one, and written notice of the change shall be Sec. 33. Standing in court of persons authorized to appear for Government. - Any official or
given to the adverse party. other person appointed or designated in accordance with law to appear for the Government
A client may at any time dismiss his attorney or substitute another in his place, but if the of the Philippines shall have all the rights of a duly authorized member of the bar to appear in
contract between client and attorney has been reduced to writing and the dismissal of the any case in which said government has an interest direct or indirect.
attorney was without justifiable cause, he shall be entitled to recover from the client the full Sec. 34. By whom litigation conducted. - In the court of a justice of the peace a party may
compensation stipulated in the contract. However, the attorney may, in the discretion of the conduct his litigation in person, with the aid of an agent or friend appointed by him for that
court, intervene in the case to protect his rights. For the payment of his compensation the purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation
attorney shall have a lien upon all judgments for the payment of money, and executions personally or by aid of an attorney, and his appearance must be either personal or by a duly
issued in pursuance of such judgment, rendered in the case wherein his services had been authorized member of the bar.
retained by the client. Sec. 35. Certain attorneys not to practice. - No judge or other official or employee of the
Sec. 27. Attorneys removed or suspended by Supreme Court on what grounds. - A member superior courts or of the Office of the Solicitor General, shall engage in private practice as a
of the bar may be removed or suspended from his office as attorney by the Supreme Court member of the bar or give professional advice to clients.
for any deceit, malpractice, or other gross misconduct in such office, grossly immoral Sec. 36. Amicus curiae. - The court may, in special cases, and upon proper application, permit
conduct, or by reason of his conviction of a crime involving moral turpitude, or for any the appearance, as amici curiae, of those lawyers who in its opinion can help in the
violation of the oath which he is required to take before admission to practice, or for a wilfull disposition of the matter before it; or it may, on its own initiative, invite prominent attorneys
disobedience of any lawful order of a superior court, or for corruptly or wilfully appearing as to appear as amici curiae in such special cases.
an attorney for a party to a case without authority so to do. The practice of soliciting cases at Sec. 37. Attorneys' liens. - An attorney shall have a lien upon the funds, documents and
law for the purpose of gain, either personally or through paid agents or brokers, constitutes papers of his client which have lawfully come into his possession and may retain the same
malpractice. until his lawful fees and disbursements have been paid, and may apply such funds to the
Sec. 28. Suspension of attorney by the Court of Appeals or a Court of First Instance. - The satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the
Court of Appeals or a Court of First Instance may suspend an attorney from practice for any payment of money, and executions issued in pursuance of such judgments, which he has
of the causes named in the last preceding section, and after such suspension such attorney secured in a litigation of his client, from and after the time when he shall have caused a
shall not practice his profession until further action of the Supreme Court in the premises. statement of his claim of such lien to be entered upon the records of the court rendering
Sec. 29. Upon suspension by Court of Appeals or Court of First Instance, further proceedings such judgment, or issuing such execution, and shall have caused written notice thereof to be
in Supreme Court. - Upon such suspension, the Court of Appeals or the Court of First Instance delivered to his client and to the adverse party; and he shall have the same right and power
shall forthwith transmit to the Supreme Court a certified copy of the order or suspension and over such judgments and executions as his client would have to enforce his lien and secure
a full statement of the facts upon which the same was based. Upon the receipt of such the payment of his just fees and disbursements.
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.
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