Rules of Court | Legal Ethics

Section 1

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.

Section 1

This rule shall cover the limited practice of law by students certified herein. The limited practice of law covers appearances, drafting and submission of pleadings and documents before trial and appellate courts and quasi-judicial and administrative bodies, assistance in mediation and other alternative modes of dispute resolution, legal counselling and advice, and such other activities that may be covered by the Clinical Legal Education Program of the law school herein provided.

Section 2

Definition of Terms. — Clinical Legal Education Program is an experiential, interactive and reflective credit-earning teaching course with the objectives of providing law students with practical knowledge, skills and values necessary for the application of the law, delivery of legal services and promotion of social justice and public interest, especially to the marginalized, while inculcating in the students the values of ethical lawyering and public service. It consists of learning activities covered by this Rule undertaken in either a 1) law clinic or an 2) externship, which shall incorporate the teaching of legal theory and doctrines, practical skills, as well as legal ethics. Externship is part of the clinical legal educational program if: (a) it allows students to engage in legal work for the marginalized sectors or for the promotion of social justice and public interest, and (b) it is undertaken with any of the following: (i) the courts, the Integrated Bar of the Philippines (IBP), government offices; and (ii) law school-recognized non-governmental organizations (NGOs). Law Clinic refers to an office or center which is a component of the law school’s clinical legal education program that renders legal assistance and services as herein provided to eligible persons, groups, and/or communities. Law Student Practitioner is a law student certified under Section 3 of this Rule. Supervising Lawyer refers to a member of the Philippine Bar in good standing who is authorized by the law school to supervise the law student practitioner under this Rule.

Section 2

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 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.

Section 3

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: 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 may knowledge and discretion with all good fidelity as well as 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.

Section 3

No law student shall be permitted to engage in any of the activities under the Clinical Legal Education Program of a law school unless the law student has applied for and secured the following certifications: Level 1 certification, for law students who have successfully completed their first-year law courses; and/or Level 2 certification, for law students currently enrolled for the second semester of their third-year law courses: Provided however, where a student fails to complete all their third-year law courses, the Level 2 certification shall be deemed automatically revoked. The certification issued shall be valid until the student has completed the required number of courses in the clinical legal education program to complete the law degree, unless sooner revoked for grounds stated herein.

Section 4

Subject to the supervision and approval of a supervising lawyer, a certified law student practitioner may: For Level 1 Certification Interview prospective clients; Give legal advice to the client; Negotiate for and on behalf of the client; Draft legal documents such as affidavits, compromise agreements, contracts, demand letter, position papers, and the like; Represent eligible parties before quasi-judicial or administrative bodies; Provide public legal orientation; and Assist in public interest advocacies for policy formulation and implementation. For Level 2 Certification Perform all activities under Level 1 Certification; Assist in the taking of depositions and/or preparing judicial affidavits of witnesses; Appear on behalf of the client at any stage of the proceedings or trial, before any court, quasi-judicial or administrative body; In criminal cases, subject to the provisions of Section 5, Rule 110 of the Rules of Court, to appear on behalf of a government agency in the prosecution of criminal actions; and In appealed cases, to prepare the pleadings required in the case.

Section 4

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

The law student must submit a duly-accomplished application form under oath in three (3) copies, accompanied by proof of payment of the necessary legal and filing fees. The law school, through the dean or the authorized representative, shall submit to the Office of the Executive Judge of the Regional Trial Court (RTC) having jurisdiction over the territory where the law school is located, the duly-accomplished application form together with an endorsement under oath. Level 1 Certification The Executive Judge of the RTC shall evaluate, approve, and issue the certification within ten (10) days from receipt of the application. The Level 1 certification issued under this provision shall be valid before all courts, quasi-judicial and administrative bodies within the judicial region where the law school is located. Level 2 Certification Within ten (10) days from receipt of the application, the Executive Judge of the RTC shall (a) evaluate the application together with its attachments, and (b) recommend to the Office of the Court Administrator (OCA) the approval and issuance of the certification. If the Executive Judge finds the application to be incomplete, the law school shall be notified and required to comply with the requirements within five (5) days from receipt of notice. The Level 2 certification issued under this provision shall be valid before all courts, quasi-judicial and administrative bodies.

Section 5

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 successfully completed all the prescribed courses for the degree of Bachelor of Laws or its equivalent degree, in a law school or university officially recognized by the Philippine Government or by the proper authority in the foreign jurisdiction where the degree has been granted. No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be admitted to the bar examination unless he or she has satisfactorily completed the following 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, legal ethics and clinical legal education program. A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon submission to the Supreme Court of certifications showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree; (b) recognition or accreditation of the law school by the proper authority; and (c) completion of all the fourth year subjects in the Bachelor of Laws academic program in a law school duly recognized by the Philippine Government. (As amended by B.M. No. 1153, 09 March 2010; A.M. No. 19-03-24-SC, 23 July 2019) This amendment shall apply to the bar examination applicants commencing the 2023 bar examinations. This resolution shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation. (as amended by A.M. No. 19-03-24-SC, 25 June 2019)

Section 6

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.

Section 6

Acting under a certification, the law student practitioner shall: Observe the provisions of Section 24(b), Rule 130 of the Rules of Court; Be prohibited from using information acquired in one’s capacity as a law student practitioner for personal or commercial gain; Perform the duties and responsibilities to the best of one’s abilities as a law student practitioner; and Strictly observe the Canons of the Code of Professional Responsibility.

Section 7

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 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 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.

Section 7

A law student practitioner may sign briefs, pleadings, letters, and other similar documents which the student has produced under the direction of the supervising lawyer, indicating the law student practitioner’s certificate number as required under this Rule.

Section 8

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.

Section 8

A law student who has been issued a certificate under this Rule must, before performing activities allowed herein, take an oath in the following form: “I, ( name ), having been granted a certificate of law student practice by the Supreme Court under Rule 138-A of the Rules of Court, do solemnly swear (or affirm) that I will maintain allegiance to the Republic of the Philippines, I will support the 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, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a certified law student practitioner according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to the parties I represent; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.”

Section 9

The law school, through its dean or authorized representative, must: Develop and adopt a Clinical Legal Education Program; Develop and establish at least one law clinic in school; Endorse qualified students for certification as law student practitioner under this Rule. Such endorsement shall constitute as a certification that the dean or authorized representative knows that the applicant is a student enrolled in the Clinical Legal Education course, possesses good moral character, ad has met the requirements of Section 3 of this Rule; and Ensure compliance by law student practitioners and supervising lawyers with the Code of Professional Responsibility.

Section 9

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 Pleadings and Conveyancing).

Section 10

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. The committee of bar examiner 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.

Section 10

A supervising lawyer under this Rule shall be a member of the bar in good standing.

Section 11

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).

Section 11

The following are the duties of a supervising lawyer: Supervise such number of certified law student practitioners as far as practicable; Personally appear with the law student practitioner in all cases pending before the second-level courts and in all other cases the supervising lawyer determines that his or her presence is required; Assume personal professional responsibility for any work performed by the certified law student practitioner while under his or her supervision; Assist and advise the certified law student practitioner in the activities authorized by these rules and review such activities with the certified law student practitioner, all to the extent required for the proper practical training of the certified law student practitioner and the protection of the client; Read, approve, and personally sign any pleadings, briefs or other similar documents prepared by the certified law student practitioner prior to the filing thereof, and read and approve any documents which shall be prepared by the certified law student practitioner for execution by the eligible party; and Provide the level of supervision to the certified law student practitioner required by these rules.

Section 12

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.

Section 12

Law schools shall have such number of faculty members to teach clinical legal education courses as may be necessary to comply with this Rule.

Section 13

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 provisions, 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.

Section 13

(a) Without prejudice to existing laws, rules, regulations, and circulars, the following shall be considered as unauthorized practice of law by a certified law student practitioner — i. Engaging in any of the acts provided in Section 4 of this Rule without the necessary certification or without the consent and supervision of the supervising lawyer; ii. Making false representations in the application for certification; iii. Using an expired certification to engage in the limited practice of law under this Rule; iv. Rendering legal services outside the scope of the practice areas allowed under Section 4 of this Rule; v. Asking for or receiving payment or compensation for services rendered under the Clinical Legal Education Program as provided in this Rule; and vi. Such other analogous circumstances. Unauthorized practice of law shall be a ground for revocation of the law student practitioner’s certification and/or disqualification for a law student from taking the bar examination for a period to be determined by the Supreme Court. (b) The above provisions notwithstanding, any act constituting a violation of the Code of Professional Responsibility shall subject the supervising lawyer, Clinical Legal Education Program Head, and/or law school dean to disciplinary action, as the circumstances may warrant.

Section 14

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 subjects. 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 percent; Taxation, 10 percent; Remedial Law, 20 per cent; Legal Ethics and Practical Exercises, 5 per cent.

Section 14

This rule shall take effect at the start of Academic Year 2020-2021 following its publication in two (2) newspapers of general circulation. The requirements under second paragraph of Section 5, Rule 138 as amended by A.M. No. 19-03-24-SC dated June 25, 2019 shall apply to bar examination applicants commencing the 2023 bar examinations.

Section 15

Not later than February 15th after the examination, or as soon thereafter as may be practicable, the committee shall file its report on the result of such examination. The 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.

Section 16

Candidates who have 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 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.

Section 17

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.

Section 18

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.

Section 19

The clerk of the Supreme Court shall kept a roll of all attorneys admitted to practice, which roll shall be signed by the person admitted when he receives his certificate. Section 20 - 37. Repealed by CPRA (as amended by A.M. No. 19-03-24-SC, 25 June 2019)