PRACTICE COURT

AUGUST 18, 2022 CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL

SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED
CODE OF PROFESSIONAL RESPONSIBILITY AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.

CHAPTER I. THE LAWYER AND SOCIETY Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, claim regarding his qualifications or legal services.
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR
LAW OF AND LEGAL PROCESSES. Rule 3.02 - In the choice of a firm name, no false, misleading or assumed
name shall be used. The continued use of the name of a deceased partner is
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or permissible provided that the firm indicates in all its communications that
deceitful conduct. said partner is deceased.

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance Rule 3.03 - Where a partner accepts public office, he shall withdrawal from
of the law or at lessening confidence in the legal system. the firm and his name shall be dropped from the firm name unless the law
allows him to practice law currently.
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay any man's cause. Rule 3.04 - A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of, or in return for,
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a publicity to attract legal business.
controversy if it will admit of a fair settlement.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER SUPPORTING EFFORTS IN LAW REFORM AND IN THE
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
EFFECTIVENESS OF THE PROFESSION.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
the defenseless or the oppressed. EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
not refuse to render legal advice to the person concerned if only to the DISSEMINATING THE LAW AND JURISPRUDENCE.
extent necessary to safeguard the latter's rights.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
Rule 2.03 - A lawyer shall not do or permit to be done any act designed GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
primarily to solicit legal business. TASKS.

Rule 2.04 - A lawyer shall not charge rates lower than those customarily Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is
prescribed unless the circumstances so warrant. not to convict but to see that justice is done. The suppression of facts or the

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concealment of witnesses capable of establishing the innocence of the CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
accused is highly reprehensible and is cause for disciplinary action. INDIRECTLY, ASSIST IN UNAUTHORIZED PRACTICE OF LAW.
Rule 6.02 - A lawyer in the government service shall not use his public
position to promote or advance his private interests, nor allow the latter to Rule 9.01 - A lawyer shall not delegate to any unqualified person the
interfere with his public duties. performance of any task which by law may only be performed by a member
of the bar in good standing.
Rule 6.03 - A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal
intervened while in said service. services with persons not licensed to practice law, except:
(a) Where there is a pre-existing agreement with a partner or
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION associate that, upon the latter's death, money shall be paid over a
reasonable period of time to his estate or to persons specified in the
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE agreement; or
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND (b) Where a lawyer undertakes to complete unfinished legal
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in
Rule 7.01 - A lawyer shall be answerable for knowingly making a false a retirement plan even if the plan is based in whole or in part, on a
statement or suppressing a material fact in connection with his application profit sharing agreement.
for admission to the bar.
CHAPTER III. THE LAWYER AND THE COURTS
Rule 7.02 - A lawyer shall not support the application for admission to the
bar of any person known by him to be unqualified in respect to character, CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD
education, or other relevant attribute. FAITH TO THE COURT.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing
his fitness to practice law, nor shall he, whether in public or private life, of any in Court; nor shall he mislead, or allow the Court to be misled by any
behave in a scandalous manner to the discredit of the legal profession. artifice.

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the
COURTESY, FAIRNESS AND CANDOR TOWARDS HIS contents of a paper, the language or the argument of opposing counsel, or
PROFESSIONAL COLLEAGUES, AND SHALL AVOID the text of a decision or authority, or knowingly cite as law a provision
HARASSING TACTICS AGAINST OPPOSING COUNSEL. already rendered inoperative by repeal or amendment, or assert as a fact that
which has not been proved.
Rule 8.01 - A lawyer shall not, in his professional dealings, use language
which is abusive, offensive or otherwise improper. Rule 10.03 - A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the
professional employment of another lawyer, however, it is the right of any CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE
lawyer, without fear or favor, to give proper advice and assistance to those RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS
seeking relief against unfaithful or neglectful counsel. AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.

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Rule 11.01 - A lawyer shall appear in court properly attired. Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
(a) on formal matters, such as the mailing, authentication or
Rule 11.02 - A lawyer shall punctually appear at court hearings. custody of an instrument, and the like; or
(b) on substantial matters, in cases where his testimony is essential
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing to the ends of justice, in which event he must, during his testimony,
language or behavior before the Courts. entrust the trial of the case to another counsel.

Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF
by the record or have no materiality to the case. HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH
TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper INFLUENCING THE COURT.
authorities only.
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND to, nor seek opportunity for cultivating familiarity with Judges.
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE. Rule 13.02 - A lawyer shall not make public statements in the media
regarding a pending case tending to arouse public opinion for or against a
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately party.
prepared himself on the law and the facts of his case, the evidence he will
adduce and the order of its proferrence. He should also be ready with the Rule 13.03 - A lawyer shall not brook or invite interference by another
original documents for comparison with the copies. branch or agency of the government in the normal course of judicial
proceedings.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same
cause. CHAPTER IV. THE LAWYER AND THE CLIENT

Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO
pleadings, memoranda or briefs, let the period lapse without submitting the THE NEEDY.
same or offering an explanation for his failure to do so.
Rule 14.01 - A lawyer shall not decline to represent a person solely on
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution account of the latter's race, sex. creed or status of life, or because of his own
of a judgment or misuse Court processes. opinion regarding the guilt of said person.

Rule 12.05 - A lawyer shall refrain from talking to his witness during a Rule 14.02 - A lawyer shall not decline, except for serious and sufficient
break or recess in the trial, while the witness is still under examination. cause, an appointment as counsel de officio or as amicus curiae, or a request
from the Integrated Bar of the Philippines or any of its chapters for
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent rendition of free legal aid.
himself or to impersonate another.
Rule 14.03 - A lawyer may not refuse to accept representation of an
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor indigent client unless:
needlessly inconvenience him.

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 (a) he is not in a position to carry out the work effectively or Rule 15.08. - A lawyer who is engaged in another profession or occupation
competently; concurrently with the practice of law shall make clear to his client whether
(b) he labors under a conflict of interest between him and the he is acting as a lawyer or in another capacity.
prospective client or between a present client and the prospective
client. CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS
AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his PROFESSION.
professional fees shall observe the same standard of conduct governing his
relations with paying clients. Rule 16.01 - A lawyer shall account for all money or property collected or
received for or from the client.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS
AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS Rule 16.02 - A lawyer shall keep the funds of each client separate and apart
WITH HIS CLIENTS. from his own and those of others kept by him.

Rule 15.01. - A lawyer, in conferring with a prospective client, shall Rule 16.03 - A lawyer shall deliver the funds and property of his client
ascertain as soon as practicable whether the matter would involve a conflict when due or upon demand. However, he shall have a lien over the funds and
with another client or his own interest, and if so, shall forthwith inform the may apply so much thereof as may be necessary to satisfy his lawful fees
prospective client. and disbursements, giving notice promptly thereafter to his client. He shall
also have a lien to the same extent on all judgments and executions he has
Rule 15.02. - A lawyer shall be bound by the rule on privilege secured for his client as provided for in the Rules of Court.
communication in respect of matters disclosed to him by a prospective
client. Rule 16.04 - A lawyer shall not borrow money from his client unless the
client's interest are fully protected by the nature of the case or by
Rule 15.03. - A lawyer shall not represent conflicting interests except by independent advice. Neither shall a lawyer lend money to a client except,
written consent of all concerned given after a full disclosure of the facts. when in the interest of justice, he has to advance necessary expenses in a
legal matter he is handling for the client.
Rule 15.04. - A lawyer may, with the written consent of all concerned, act
as mediator, conciliator, or arbitrator in settling disputes. CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF
HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
Rule 15.05. - A lawyer, when advising his client, shall give a candid and CONFIDENCE REPOSED IN HIM.
honest opinion on the merits and probable results of the client's case, neither
overstating nor understating the prospects of the case. CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
Rule 15.06. - A lawyer shall not state or imply that he is able to influence
any public official, tribunal or legislative body. Rules 18.01 - A lawyer shall not undertake a legal service which he knows
or should know that he is not qualified to render. However, he may render
Rule 15.07. - A lawyer shall impress upon his client compliance with the such service if, with the consent of his client, he can obtain as collaborating
laws and the principles of fairness. counsel a lawyer who is competent on the matter.

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Rule 18.02 - A lawyer shall not handle any legal matter without adequate (f) The customary charges for similar services and the schedule of
preparation. fees of the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and resulting to the client from the service;
his negligence in connection therewith shall render him liable. (h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or
Rule 18.04 - A lawyer shall keep the client informed of the status of his case established; and
and shall respond within a reasonable time to the client's request for (j) The professional standing of the lawyer.
information.
Rule 20.02 - A lawyer shall, in case of referral, with the consent of the
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH client, be entitled to a division of fees in proportion to the work performed
ZEAL WITHIN THE BOUNDS OF THE LAW. and responsibility assumed.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the Rule 20.03 - A lawyer shall not, without the full knowledge and consent of
lawful objectives of his client and shall not present, participate in presenting the client, accept any fee, reward, costs, commission, interest, rebate or
or threaten to present unfounded criminal charges to obtain an improper forwarding allowance or other compensation whatsoever related to his
advantage in any case or proceeding. professional employment from anyone other than the client.

Rule 19.02 - A lawyer who has received information that his client has, in Rule 20.04 - A lawyer shall avoid controversies with clients concerning his
the course of the representation, perpetrated a fraud upon a person or compensation and shall resort to judicial action only to prevent imposition,
tribunal, shall promptly call upon the client to rectify the same, and failing injustice or fraud.
which he shall terminate the relationship with such client in accordance
with the Rules of Court. CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE
AND SECRETS OF HIS CLIENT EVEN AFTER THE
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in ATTORNEY-CLIENT RELATION IS TERMINATED.
handling the case.
Rule 21.01 - A lawyer shall not reveal the secrets of his client except:
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND (a) When authorized by the client after acquainting him of the
REASONABLE FEES. consequences of the disclosure;
(b) When required by law;
Rule 20.01 - A lawyer shall be guided by the following factors in (c) When necessary to collect his fees or to defend himself, his
determining his fees: employees or associates or by judicial action.
(a) the time spent and the extent of the service rendered or
required; Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use
(b) the novelty and difficulty of the questions involved; information acquired in the course of employment, nor shall he use the
(c) The importance of the subject matter; same to his own advantage or that of a third person, unless the client with
(d) The skill demanded; full knowledge of the circumstances consents thereto.
(e) The probability of losing other employment as a result of
acceptance of the proffered case; Rule 21.03 - A lawyer shall not, without the written consent of his client,
give information from his files to an outside agency seeking such

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information for auditing, statistical, bookkeeping, accounting, data RULE 138: ATTORNEYS AND ADMISSION TO BAR
processing, or any similar purpose.
Section 1. Who may practice law. — Any person heretofore duly admitted
Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to as a member of the bar, or hereafter admitted as such in accordance with the
partners or associates thereof unless prohibited by the client. provisions of this rule, and who is in good and regular standing, is entitled
to practice law.
Rule 21.05 - A lawyer shall adopt such measures as may be required to
prevent those whose services are utilized by him, from disclosing or using Section 2. Requirements for all applicants for admission to the bar. —
confidences or secrets of the clients. 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,
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's and resident of the Philippines; and must produce before the Supreme Court
affairs even with members of his family. satisfactory evidence of good moral character, and that no charges against
him, involving moral turpitude, have been filed or are pending in any court
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a in the Philippines.
particular case except to avoid possible conflict of interest.
Section 3. Requirements for lawyers who are citizens of the United
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES States of America. — Citizens of the United States of America who, before
ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN July 4, 1946, were duly licensed members of the Philippine Bar, in active
THE CIRCUMSTANCES. 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,
Rule 22.01 - A lawyer may withdraw his services in any of the ff case: be allowed to continue such practice after taking the ff. oath of office:
(a) When the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling; I, having been permitted to continue in the practice of law in the
(b) When the client insists that the lawyer pursue conduct violative Philippines, do solemnly swear that I recognize the supreme authority of
of these canons and rules; the Republic of the Philippines; I will support its Constitution and obey
(c) When his inability to work with co-counsel will not promote the laws as well as the legal orders of the duly constituted authorities
the best interest of the client; therein; I will do no falsehood, nor consent to the doing of any in court; I
(d) When the mental or physical condition of the lawyer renders it will not wittingly or willingly promote or sue any groundless, false or
difficult for him to carry out the employment effectively; unlawful suit, nor give aid nor consent to the same; I will delay no man
(e) When the client deliberately fails to pay the fees for the for money or malice, and will conduct myself as a lawyer according to the
services or fails to comply with the retainer agreement; best of may knowledge and discretion with all good fidelity as well as to
(f) When the lawyer is elected or appointed to public office; and the courts as to my clients; and I impose upon myself this voluntary
(g) Other similar cases. obligation without any mental reservation or purpose of evasion.
So help me God.
Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a
retainer lien, immediately turn over all papers and property to which the Section 4. Requirements for applicants from other jurisdictions. —
client is entitled, and shall cooperative with his successor in the orderly Applicants for admission who, being Filipino citizens, are enrolled
transfer of the matter, including all information necessary for the proper attorneys in good standing in the Supreme Court of the United States or in
handling of the matter. 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

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satisfactory certificates that they have practiced at least five years in any of Section 8. Notice of Applications. — Notice of applications for admission shall be
said courts, that such practice began before July 4, 1946, and that they have published by the clerk of the Supreme Court in newspapers published in Pilipino,
never been suspended or disbarred, may, in the discretion of the Court, be English and Spanish, for at least ten (10) days before the beginning of the
admitted without examination. examination.

Section 9. Examination; subjects. — Applicants, not otherwise provided for in

Section 5. Additional requirements for other applicants. — All sections 3 and 4 of this rule, shall be subjected to examinations in the following
applicants for admission other than those referred to in the two preceding subjects: Civil Law; Labor and Social Legislation; Mercantile Law; Criminal Law;
section shall, before being admitted to the examination, satisfactorily show Political Law (Constitutional Law, Public Corporations, and Public Officers);
that they have regularly studied law for four years, and successfully International Law (Private and Public); Taxation; Remedial Law (Civil Procedure,
completed all prescribed courses, in a law school or university, officially Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises (in
approved and recognized by the Secretary of Education. The affidavit of the Pleadings and Conveyancing).
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 Section 10. Bar examination, by questions and answers, and in writing. —
Persons taking the examination shall not bring papers, books or notes into the
required by the court. 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
No applicant shall be admitted to the bar examinations unless he has answer the questions personally without help from anyone.
satisfactorily completed the following courses in a law school or university
duly recognized by the government: civil law, commercial law, remedial Upon verified application made by an examinee stating that his penmanship is so
law, criminal law, public and private international law, political law, labor poor that it will be difficult to read his answers without much loss of time., the
and social legislation, medical jurisprudence, taxation, legal ethics, and Supreme Court may allow such examinee to use a typewriter in answering the
clinical legal education program. questions. Only noiseless typewriters shall be allowed to be used.

The committee of bar examiner shall take such precautions as are necessary to
Section 6. Pre-Law. — No applicant for admission to the bar examination shall be
prevent the substitution of papers or commission of other frauds. Examinees shall
admitted unless he presents a certificate that he has satisfied the Secretary of
not place their names on the examination papers. No oral examination shall be
Education that, before he began the study of law, he had pursued and satisfactorily
given.
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
Section 11. Annual examination. — Examinations for admission to the bar of the
study prescribed therein for a bachelor's degree in arts or sciences with any of the
Philippines shall take place annually in the City of Manila. They shall be held in
following subjects as major or field of concentration: political science, logic,
four days to be designated by the chairman of the committee on bar examiners. The
english, spanish, history and economics.
subjects shall be distributed as follows: First day: Political and International Law
(morning) and Labor and Social Legislation (afternoon); Second day: Civil Law
Section 7. Time for filing proof of qualifications. — All applicants for admission
(morning) and Taxation (afternoon); Third day: Mercantile Law (morning) and
shall file with the clerk of the Supreme Court the evidence required by section 2 of
Criminal Law (afternoon); Fourth day: Remedial Law (morning) and legal Ethics
this rule at least fifteen (15) days before the beginning of the examination. If not
and Practical Exercises (afternoon).
embraced within section 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
Section 12. Committee of examiners. — Examinations shall be conducted by a
sections 3 and 4 they shall exhibit a license evidencing the fact of their admission to
committee of bar examiners to be appointed by the Supreme Court. This committee
practice, satisfactory evidence that the same has not been revoked, and certificates as
shall be composed of a Justice of the Supreme Court, who shall act as chairman, and
to their professional standing. Applicants shall also file at the same time their own
who shall be designated by the court to serve for one year, and eight members of the
affidavits as to their age, residence, and citizenship.
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.

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Section 13. Disciplinary measures. — No candidate shall endeavor to influence certificate of such record be given to him by the clerk of court, which
any member of the committee, and during examination the candidates shall not certificate shall be his authority to practice.
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 Section 19. Attorney's roll. — The clerk of the Supreme Court shall kept a
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
roll of all attorneys admitted to practice, which roll shall be signed by the
discretion of the court. person admitted when he receives his certificate.

Section 14. Passing average. — In order that a candidate may be deemed to have Section 20. Duties of attorneys. — It is the duty of an attorney:
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 subjects. In (a) To maintain allegiance to the Republic of the Philippines and to support
determining the average, the subjects in the examination shall be given the following the Constitution and obey the laws of the Philippines.
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 (b) To observe and maintain the respect due to the courts of justice and
Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent; Legal Ethics
and Practical Exercises, 5 per cent.
judicial officers;

Section 15. Report of the committee; filing of examination papers. — Not later (c) To counsel or maintain such actions or proceedings only as appear to
than February 15th after the examination, or as soon thereafter as may be him to be just, and such defenses only as he believes to be honestly
practicable, the committee shall file its report on the result of such examination. The debatable under the law.
examination papers and notes of the committee shall be filed with the clerk and may
there be examined by the parties in interest, after the court has approved the report. (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
Section 16. Failing candidates to take review course. — Candidates who have mislead the judge or any judicial officer by an artifice or false statement of
failed the bar examinations for three times shall be disqualified from taking another
examination unless they show the satisfaction of the court that they have enrolled in
fact or law;
and passed regular fourth year review classes as well as attended a pre-bar review (e) To maintain inviolate the confidence, and at every peril to himself, to
course in a recognized law school. 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
The professors of the individual review subjects attended by the candidates under and approval;
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 (f) To abstain from all offensive personality and to advance no fact
ratings obtained by them in the particular subject. prejudicial to the honor or reputation of a party or witness, unless required
by the justice of the cause with which he is charged;
Section 17. Admission and oath of successful applicants. — An applicant
who has passed the required examination, or has been otherwise found to be (g) Not to encourage either the commencement or the continuance of an
entitled to admission to the bar, shall take and subscribe before the Supreme action or proceeding, or delay any man's cause, from any corrupt motive or
Court the corresponding oath of office. interest;
Section 18. Certificate. — The Supreme Court shall thereupon admit the (h) Never to reject, for any consideration personal to himself, the cause of
applicant as a member of the bar for all the courts of the Philippines, and the defenseless or oppressed;
shall direct an order to be entered to that effect upon its records, and that a

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(i) In the defense of a person accused of crime, by all fair and honorable Section 25. Unlawful retention of client's funds; contempt. — When an
means, regardless of his personal opinion as to the guilt of the accused, to attorney unjustly retains in his hands money of his client after it has been
present every defense that the law permits, to the end that no person may be demanded, he may be punished for contempt as an officer of the Court who
deprived of life or liberty, but by due process of law. has misbehaved in his official transactions; but proceedings under this
section shall not be a bar to a criminal prosecution.
Section 21. Authority of attorney to appear. — An attorney is presumed
to be properly authorized to represent any cause in which he appears, and no Section 26. Change of attorneys. — An attorney may retire at any time
written power of attorney is required to authorize him to appear in court for from any action or special proceeding, by the written consent of his client
his client, but the presiding judge may, on motion of either party and on filed in court. He may also retire at any time from an action or special
reasonable grounds therefor being shown, require any attorney who assumes proceeding, without the consent of his client, should the court, on notice to
the right to appear in a case to produce or prove the authority under which the client and attorney, and on hearing, determine that he ought to be
he appears, and to disclose, whenever pertinent to any issue, the name of the allowed to retire. In case of substitution, the name of the attorney newly
person who employed him, and may thereupon make such order as justice employed shall be entered on the docket of the court in place of the former
requires. An attorneys wilfully appear in court for a person without being one, and written notice of the change shall be given to the advance party.
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. 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
Section 22. Attorney who appears in lower court presumed to represent writing and the dismissal of the attorney was without justifiable cause, he
client on appeal. — An attorney who appears de parte in a case before a shall be entitled to recover from the client the full compensation stipulated
lower court shall be presumed to continue representing his client on appeal, in the contract. However, the attorney may, in the discretion of the court,
unless he files a formal petition withdrawing his appearance in the appellate intervene in the case to protect his rights. For the payment of his
court. compensation the attorney shall have a lien upon all judgments for the
payment of money, and executions issued in pursuance of such judgment,
Section 23. Authority of attorneys to bind clients. — Attorneys have rendered in the case wherein his services had been retained by the client.
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 Section 27. Attorneys removed or suspended by Supreme Court on
judicial procedure. But they cannot, without special authority, compromise what grounds. — A member of the bar may be removed or suspended from
their client's litigation, or receive anything in discharge of a client's claim his office as attorney by the Supreme Court for any deceit, malpractice, or
but the full amount in cash. other gross misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral turpitude, or for any
Section 24. Compensation of attorneys; agreement as to fees. — An violation of the oath which he is required to take before the admission to
attorney shall be entitled to have and recover from his client no more than a practice, or for a wilfull disobedience of any lawful order of a superior
reasonable compensation for his services, with a view to the importance of court, or for corruptly or willful appearing as an attorney for a party to a
the subject matter of the controversy, the extent of the services rendered, case without authority so to do. The practice of soliciting cases at law for
and the professional standing of the attorney. No court shall be bound by the the purpose of gain, either personally or through paid agents or brokers,
opinion of attorneys as expert witnesses as to the proper compensation, but constitutes malpractice.
may disregard such testimony and base its conclusion on its own
professional knowledge. A written contract for services shall control the Section 28. Suspension of attorney by the Court of Appeals or a Court
amount to be paid therefor unless found by the court to be unconscionable of First Instance. — The Court of Appeals or a Court of First Instance may
or unreasonable. suspend an attorney from practice for any of the causes named in the last

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preceding section, and after such suspension such attorney shall not practice Section 33. Standing in court of person authorized to appear for
his profession until further action of the Supreme Court in the premises. Government. — Any official or other person appointed or designated in
accordance with law to appear for the Government of the Philippines shall
Section 29. Upon suspension by the Court of Appeals or Court of First have all the rights of a duly authorized member of the bar to appear in any
Instance, further proceedings in Supreme Court. — Upon such case in which said government has an interest direct or indirect.
suspension, the Court of Appeals or the Court of First Instance shall
forthwith transmit to the Supreme Court a certified copy of the order of Section 34. By whom litigation conducted. — In the court of a justice of
suspension and a full statement of the facts upon which the same was based. the peace a party may conduct his litigation in person, with the aid of an
Upon the receipt of such certified copy and statement, the Supreme Court agent or friend appointed by him for the purpose, or with the aid an
shall make a full investigation of the facts involved and make such order attorney. In any other court, a party may conduct his litigation personally or
revoking or extending the suspension, or removing the attorney from his by aid of an attorney, and his appearance must be either personal or by a
office as such, as the facts warrant. duly authorized member of the bar.

Section 30. Attorney to be heard before removal or suspension. — No Section 35. Certain attorneys not to practice. — No judge or other
attorney shall be removed or suspended from the practice of his profession, official or employee of the superior courts or of the Office of the Solicitor
until he has had full opportunity upon reasonable notice to answer the General, shall engage in private practice as a member of the bar or give
charges against him, to produce witnesses in his own behalf, and to be heard professional advice to clients.
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 Section 36. Amicus Curiae. — Experienced and impartial attorneys may
parte. be invited by the Court to appear as amici curiae to help in the disposition
of issues submitted to it.
Section 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 Section 37. Attorneys' liens. — An attorney shall have a lien upon the funds,
upon investigation it appears that the party is destitute and unable to employ documents and papers of his client which have lawfully come into his
an attorney, and that the services of counsel are necessary to secure the ends possession and may retain the same until his lawful fees and disbursements have
of justice and to protect the rights of the party. It shall be the duty of the been paid, and may apply such funds to the satisfaction thereof. He shall also
attorney so assigned to render the required service, unless he is excused have a lien to the same extent upon all judgments for the payment of money,
therefrom by the court for sufficient cause shown. 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 the caused a
Section 32. Compensation for attorneys de oficio. — Subject to 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 the caused
availability of funds as may be provided by the law the court may, in its
written notice thereof to be delivered to his client and to the adverse party; and
discretion, order an attorney employed as counsel de oficio to be
he shall have the same right and power over such judgments and executions as
compensated in such sum as the court may fix in accordance with section 24 his client would have to enforce his lien and secure the payment of his just fees
of this rule. Whenever such compensation is allowed, it shall be not less and disbursements.
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 PROVISIONS OF THE NEW CIVIL CODE
grave felonies; (3) Two hundred pesos (P200) in grave felonies other than
capital offenses; (4) Five Hundred pesos (P500) in capital offenses. Art. 1491. The following persons cannot acquire by purchase, even at a public
or judicial auction, either in person or through the mediation of another:

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(1) The guardian, the property of the person or persons who may be under his (7) In actions for the recovery of wages of household helpers, laborers and
guardianship; skilled workers;

(2) Agents, the property whose administration or sale may have been entrusted (8) In actions for indemnity under workmen's compensation and employer's
to them, unless the consent of the principal has been given; liability laws;

(3) Executors and administrators, the property of the estate under (9) In a separate civil action to recover civil liability arising from a crime;
administration;
(10) When at least double judicial costs are awarded;
(4) Public officers and employees, the property of the State or of any
subdivision thereof, or of any government-owned or controlled corporation, or (11) In any other case where the court deems it just and equitable that attorney's
institution, the administration of which has been intrusted to them; this fees and expenses of litigation should be recovered.
provision shall apply to judges and government experts who, in any manner
whatsoever, take part in the sale; In all cases, the attorney's fees and expenses of litigation must be reasonable.

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, PROVISIONS OF THE REVISED PENAL CODE
and other officers and employees connected with the administration of justice,
the property and rights in litigation or levied upon an execution before the court Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets.
within whose jurisdiction or territory they exercise their respective functions; — In addition to the proper administrative action, the penalty of prision
this prohibition includes the act of acquiring by assignment and shall apply to correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos,
lawyers, with respect to the property and rights which may be the object of any or both, shall be imposed upon any attorney-at-law or solicitor (procurador
litigation in which they may take part by virtue of their profession. judicial) who, by any malicious breach of professional duty or of inexcusable
negligence or ignorance, shall prejudice his client, or reveal any of the secrets of
(6) Any others specially disqualified by law. the latter learned by him in his professional capacity.

Art. 2208. In the absence of stipulation, attorney's fees and expenses of The same penalty shall be imposed upon an attorney-at-law or solicitor
litigation, other than judicial costs, cannot be recovered, except: (procurador judicial) who, having undertaken the defense of a client or having
received confidential information from said client in a case, shall undertake the
(1) When exemplary damages are awarded; defense of the opposing party in the same case, without the consent of his first
client.
(2) When the defendant's act or omission has compelled the plaintiff to litigate
with third persons or to incur expenses to protect his interest;

(3) In criminal cases of malicious prosecution against the plaintiff;

(4) In case of a clearly unfounded civil action or proceeding against the

plaintiff;

(5) Where the defendant acted in gross and evident bad faith in refusing to
satisfy the plaintiff's plainly valid, just and demandable claim;

(6) In actions for legal support;

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