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.chanrobles virtualawlibrary
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 red
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:chanroblesvirtuallawlibrary
"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.chanrobles virtualawlibrary
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 red
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 red
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 red
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 pre-bar
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 red
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:chanroblesvirtuallawlibrary
(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 red
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 red
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 red
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.chan robles virtual law library red
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