BAR MATTER No.

1161
WHEREAS, proposals and comments were likewise received from the
RE: PROPOSED REFORMS IN THE BAR EXAMINATIONS Integrated Bar of the Philippines, the Philippine Association of Law
RESOLUTION ON REFORM IN THE BAR EXAMINANTIONS Schools, the Philippine Association of Law Professors, the Commission
on Higher Education, the University of the Philippines College of Law,
WHEREAS, pursuant to its Constitutional authority to promulgate rules Arellano Law Foundation, the Philippine Lawyers Association, the
concerning the admission to the practice of law, the Supreme Court en Philippine Bar Association and other prominent personalities from the
banc item in its Resolution of 21 March 2000, created a "Special Study Bench and the Bar;
Group on Bar Examination Reforms" to conduct studies on steps to
further safeguard the integrity of the Bar Examinations and to make WHEREAS, considering her Memorandum to the Chief Justice on
them effective tools in measuring the adequacy of the law curriculum "Proposed Technical Assistance Project on Legal Education," dated 27
and the quality of the instruction given by law schools"; February 2003, Program Director Evelyn Toledo-Dumdum of the
Program Management Office (PMO) was invited to a meeting of the
WHEREAS, the Special Study Group, with Philippine Judicial CLEBM;
Academy (PHILJA) Chancellor Justice Ameurfina A. Melencio-Herrera
as a chairperson and retired Justice Jose Y. Feria and retired Justice WHEREAS, under the auspices of the PMO, the CLEBM conducted fur
Camilo D. Quiason as members, submitted to the Supreme Court its (4) regional round-table discussions with the law deans, professors, the
Final Report, dated 18 September 2000, containing its findings and students and members of the Integrated Bar of he Philippines for (a) the
recommendations; National Capital Region, at Manila Diamond Hotel on 19 November
2003; (b) Mindanao, at the Grand Regal Hotel Davao City on 23
WHEREAS, on 21 August 2001, the Supreme Court en banc referred, January 2004; (c) the Visayas, at the Montebello Hotel in Cebu City on
for further study, report and recommendation, the Final Report of the January 2004; and (d) Luzon, at the Pan Pacific Hotel in Manila on 6
Special Study Group to the Committee on Legal Education and Bar February 2004.
Matters (CLEBM) headed by Justice Jose C. Vitug;
WHEREAS, in a Special Meeting of the CLEBM at the Pan Pacific
WHEREAS, in connection with the discussion on the proposed reforms Hotel on 23 April 2004, the Committee heard the views of Ms. Erica
in the bar examinations, Justice Vicente V. Mendoza, then a Member of Moeser, the Chief Executive Officer and President of the National
the CLEBM, submitted a Paper, entitled "Toward Meaningful Reforms Conference of Board Examiners in the United States of America on a
in the Bar Examination" with a Primer, proposing structural and number of proposed bar reforms;
administrative reforms, changes in the design and construction of
questions, and the methodological reforms concerning the marking anf WHEREAS, the CLEBM, after extensive deliberation and consultation,
grading of the essay questions in the bar examination; has arived at certain recommendations for consideration by the Supreme
Court and submitted its report , dated 21 May 2004, to the Court en membership in good standing in the Philippine Bar;
banc; competence in the assigned subject;
a teacher of the subject or familiarity with the principles of test
NOW, THEREFORE, the Court, sitting en banc, hereby RESOLVES to construction; and
approve and adopt the following Bar Examination Reforms: commitment to check test papers personally and promptly pending the
creation and organization of the readership panels provided for in item
B(6) below
For implementation within one (1) up to two (2) years: Disqualifications of Examiners:
Initial determination by the Chairman of admission to the bar kinship with an examinee who is his or her spouse or relative within the
examinations of candidates (on the merits of the each case) to be passed third civil degree of consanguinity or affinity;
upon by the Court en banc. having a member of his or her office staff as an examinee; or when the
Submission by law deans of a certification that a candidate has no spouse or child of such staff member is an examinee;
derogatory record in school and, if any, the details and status thereof. being a member of the governing board, faculty or administration of a
Disqualification of a candidate after failing in three(3) examinations, law school
provided, that he may take a fourth and fifth examination if he teaching or lecturing in any law school, institution or review center
successful completes a one (1) year refresher course for each during the particular semester following the bar examinations;
examination; provided, further, that upon the effectivity of this having any interest or involvement in any law school, bar review center
Resolution, those who have already failed in five(5) or more bar or group; and
examinations shall be allowed to take only one (1) more bar suspension or disbarment from the practice of law or the imposition of
examination after copleting (1) year refresher course. any other serious disciplinary sanction.
Promulgation of disciplinary measures for those involved in (a) attempts Personal preparation, by handwriting or using a typewriter, of fifty (50)
to violate or vitiate the integrity and confidentiality of the bar main questions, excluding subdivisions, and their submission to the
examination process; (b) improper conduct during the bar examination; Chairperson in sealed envelope at least forty-five (45) days before the
and (c) improper conduct of "bar examinations." schedule examination on any particular subject; examiners should not
Disqualification of a Bar Examination Chairperson: use computers in preparing questions;
kinship with an examinee who if his or her spouse or relative within the Apportionment of examination questions among the various topics
third civil degree of consanguinity; covered by the subject;
having a member of his or her office staff as an examinee, or when the Burning and shredding of rough drafts and carbon papers used in the
spouse or child of such staff member is an examinee; and preparation of questions or in any other act connected with such
being a member of the governing board, faculty or administration of a preparation;
law school. Publication of names candidates admitted to take the bar examinations;
Desirable qualifications of Examiners: Disqualification of a candidate who obtains a grade below 50% in any
subject; Inclusion of a subject on clinical legal education in the law curriculum,
Fixing at June 30 of the immediately preceding year as the cut-off date including an apprenticeship program in the Judiciary, prosecution
for laws and Supreme Court decisions and resolutions to be included in service, and law offices.
the bar examinations; and Imposition of sanctions on law schools that fail to meet the standards as
Consideration of suggested answers to bar examinations questions may be prescribed by the Legal Education Board.
prepared by the U.P. Law Center and submitted to the Chairperson. Mandatory Law School Admission Test.
This resolution shall take effect on the fifteenth day of July 2004, and
For implementation within two (2) years up to five (5) years: shall be published in two newspapers of general circulation in the
Adoption of objective multiple-choice questions for 30% to 40% of the Philippines.
total number of questions;
Formulation of essay test questions and "model answers" as part of the Promulgated this 8th day of June 2004.
calibration of test papers;
Introduction of performance testing by way of revising and improving
the essay examination;1awphil.net RULE 138
Designation of two(2) examiners per subject depending on the number
Attorneys and Admission to Bar
of examinees ;
Appointment of a tenured Board of Examiners with an incumbent
Supreme Court Justice as Chairperson;
Creation and organization of readership panels for each subject area to Section 1. Who may practice law. Any person heretofore duly
address the issue of bias or subjectivity and facilitate the formulation of 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
test questions and the correction of examination booklets; and
regular standing, is entitled to practice law.
Adoption of the calibration method in the corrections of essay questions
to correct variations in the level of test standards.1awph!l.t Section 2. Requirements for all applicants for admission to the bar.
Every applicant for admission as a member of the bar must be a citizen
For implementation within five(5) years and beyond is the further of the Philippines, at least twenty-one years of age, of good moral
character, and resident of the Philippines; and must produce before the
computerization or automation of the bar examinations to facilitate
Supreme Court satisfactory evidence of good moral character, and that
application, testing, and reporting procedures. no charges against him, involving moral turpitude, have been filed or
Items not covered by this resolution, such as those that pertain to a are pending in any court in the Philippines.
possible review of the coverage and relative weights of the subjects of
the bar examinations, are maintained. Section 3. Requirements for lawyers who are citizens of the United
States of America. Citizens of the United States of America who,
For referral to the Legal education Boards:
before July 4, 1946, were duly licensed members of the Philippine Bar,
Accreditation and supervision of law schools. 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 satisfactorily completed the following courses in a law school or
Supreme Court, be allowed to continue such practice after taking the university duly recognized by the government: civil law, commercial
following oath of office: law, remedial law, criminal law, public and private international law,
political law, labor and social legislation, medical jurisprudence,
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to taxation and legal ethics.
continue in the practice of law in the Philippines, do solemnly
swear that I recognize the supreme authority of the Republic of the Section 6. Pre-Law. No applicant for admission to the bar
Philippines; I will support its Constitution and obey the laws as well examination shall be admitted unless he presents a certificate that he has
as the legal orders of the duly constituted authorities therein; I will satisfied the Secretary of Education that, before he began the study of
do no falsehood, nor consent to the doing of any in court; I will not law, he had pursued and satisfactorily completed in an authorized and
wittingly or willingly promote or sue any groundless, false or recognized university or college, requiring for admission thereto the
unlawful suit, nor give aid nor consent to the same; I will delay no completion of a four-year high school course, the course of study
man for money or malice, and will conduct myself as a lawyer prescribed therein for a bachelor's degree in arts or sciences with any of
according to the best of may knowledge and discretion with all the following subjects as major or field of concentration: political
good fidelity as well as to the courts as to my clients; and I impose science, logic, english, spanish, history and economics.
upon myself this voluntary obligation without any mental
reservation or purpose of evasion. So help me God. Section 7. Time for filing proof of qualifications. All applicants for
admission shall file with the clerk of the Supreme Court the evidence
Section 4. Requirements for applicants from other jurisdictions. required by section 2 of this rule at least fifteen (15) days before the
Applicants for admission who, being Filipino citizens, are enrolled beginning of the examination. If not embraced within section 3 and 4 of
attorneys in good standing in the Supreme Court of the United States or this rule they shall also file within the same period the affidavit and
in any circuit court of appeals or district court therein, or in the highest certificate required by section 5, and if embraced within sections 3 and 4
court of any State or Territory of the United States, and who can show they shall exhibit a license evidencing the fact of their admission to
by satisfactory certificates that they have practiced at least five years in practice, satisfactory evidence that the same has not been revoked, and
any of said courts, that such practice began before July 4, 1946, and that certificates as to their professional standing. Applicants shall also file at
they have never been suspended or disbarred, may, in the discretion of the same time their own affidavits as to their age, residence, and
the Court, be admitted without examination. citizenship.

Section 5. Additional requirements for other applicants. All Section 8. Notice of Applications. Notice of applications for
applicants for admission other than those referred to in the two admission shall be published by the clerk of the Supreme Court in
preceding section shall, before being admitted to the examination, newspapers published in Pilipino, English and Spanish, for at least ten
satisfactorily show that they have regularly studied law for four years, (10) days before the beginning of the examination.
and successfully completed all prescribed courses, in a law school or
university, officially approved and recognized by the Secretary of Section 9. Examination; subjects. Applicants, not otherwise provided
Education. The affidavit of the candidate, accompanied by a certificate for in sections 3 and 4 of this rule, shall be subjected to examinations in
from the university or school of law, shall be filed as evidence of such the following subjects: Civil Law; Labor and Social Legislation;
facts, and further evidence may be required by the court. Mercantile Law; Criminal Law; Political Law (Constitutional Law,
Public Corporations, and Public Officers); International Law (Private
No applicant shall be admitted to the bar examinations unless he has and Public); Taxation; Remedial Law (Civil Procedure, Criminal
Procedure, and Evidence); Legal Ethics and Practical Exercises (in Section 13. Disciplinary measures. No candidate shall endeavor to
Pleadings and Conveyancing). influence any member of the committee, and during examination the
candidates shall not communicate with each other nor shall they give or
Section 10. Bar examination, by questions and answers, and in writing. receive any assistance. The candidate who violates this provisions, or
Persons taking the examination shall not bring papers, books or notes any other provision of this rule, shall be barred from the examination,
into the examination rooms. The questions shall be the same for all and the same to count as a failure against him, and further disciplinary
examinees and a copy thereof, in English or Spanish, shall be given to action, including permanent disqualification, may be taken in the
each examinee. Examinees shall answer the questions personally discretion of the court.
without help from anyone.
Section 14. Passing average. In order that a candidate may be
Upon verified application made by an examinee stating that his deemed to have passed his examinations successfully, he must have
penmanship is so poor that it will be difficult to read his answers obtained a general average of 75 per cent in all subjects, without falling
without much loss of time., the Supreme Court may allow such below 50 per cent in any subjects. In determining the average, the
examinee to use a typewriter in answering the questions. Only noiseless subjects in the examination shall be given the following relative
typewriters shall be allowed to be used. weights: Civil Law, 15 per cent; Labor and Social Legislation, 10 per
cent; Mercantile Law, 15 per cent; Criminal Law; 10 per cent: Political
The committee of bar examiner shall take such precautions as are and International Law, 15 per cent; Taxation, 10 per cent; Remedial
necessary to prevent the substitution of papers or commission of other Law, 20 per cent; Legal Ethics and Practical Exercises, 5 per cent.
frauds. Examinees shall not place their names on the examination
papers. No oral examination shall be given. Section 15. Report of the committee; filing of examination papers.
Not later than February 15th after the examination, or as soon thereafter
Section 11. Annual examination. Examinations for admission to the as may be practicable, the committee shall file its report on the result of
bar of the Philippines shall take place annually in the City of Manila. such examination. The examination papers and notes of the committee
They shall be held in four days to be disignated by the chairman of the shall be filed with the clerk and may there be examined by the parties in
committee on bar examiners. The subjects shall be distributed as interest, after the court has approved the report.
follows: First day: Political and International Law (morning) and Labor
and Social Legislation (afternoon); Second day: Civil Law (morning) Section 16. Failing candidates to take review course. Candidates
and Taxation (afternoon); Third day: Mercantile Law (morning) and who have failed the bar examinations for three times shall be
Criminal Law (afternoon); Fourth day: Remedial Law (morning) and disqualified from taking another examination unless they show the
legal Ethics and Practical Exercises (afternoon). 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
Section 12. Committee of examiners. Examinations shall be a recognized law school.
conducted by a committee of bar examiners to be appointed by the
Supreme Court. This committee shall be composed of a Justice of the The professors of the individual review subjects attended by the
Supreme Court, who shall act as chairman, and who shall be designated candidates under this rule shall certify under oath that the candidates
by the court to serve for one year, and eight members of the bar of the have regularly attended classes and passed the subjects under the same
Philippines, who shall hold office for a period of one year. The names of conditions as ordinary students and the ratings obtained by them in the
the members of this committee shall be published in each volume of the particular subject.
official reports.
Section 17. Admission and oath of successful applicants. An required by the justice of the cause with which he is charged;
applicant who has passed the required examination, or has been
otherwise found to be entitled to admission to the bar, shall take and (g) Not to encourage either the commencement or the continuance
subscribe before the Supreme Court the corresponding oath of office. of an action or proceeding, or delay any man's cause, from any
corrupt motive or interest;
Section 18. Certificate. The supreme Court shall thereupon admit the
applicant as a member of the bar for all the courts of the Philippines, (h) Never to reject, for any consideration personal to himself, the
and shall direct an order to be entered to that effect upon its records, and cause of the defenseless or oppressed;
that a certificate of such record be given to him by the clerk of court,
which certificate shall be his authority to practice. (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
Section 19. Attorney's roll. The clerk of the Supreme Court shall of the accused, to present every defense that the law permits, to the
kept a roll of all attorneys admitted to practice, which roll shall be end that no person may be deprived of life or liberty, but by due
signed by the person admitted when he receives his certificate. process of law.

Section 20. Duties of attorneys. It is the duty of an attorney: Section 21. Authority of attorney to appear. an attorney is presumed
to be properly authorized to represent any cause in which he appears,
(a) To maintain allegiance to the Republic of the Philippines and to and no written power of attorney is required to authorize him to appear
support the Constitution and obey the laws of the Philippines. in court for his client, but the presiding judge may, on motion of either
party and on reasonable grounds therefor being shown, require any
(b) To observe and maintain the respect due to the courts of justice attorney who assumes the right to appear in a case to produce or prove
and judicial officers; the authority under which he appears, and to disclose, whenever
pertinent to any issue, the name of the person who employed him, and
(c) To counsel or maintain such actions or proceedings only as may thereupon make such order as justice requires. An attorneys
appear to him to be just, and such defenses only as he believes to be wilfully appear in court for a person without being employed, unless by
honestly debatable under the law. leave of the court, may be punished for contempt as an officer of the
court who has misbehaved in his official transactions.
(d) To employ, for the purpose of maintaining the causes confided
to him, such means only as are consistent with truth and honor, and Section 22. Attorney who appears in lower court presumed to represent
never seek to mislead the judge or any judicial officer by an artifice client on appeal. An attorney who appears de parte in a case before a
or false statement of fact or law; lower court shall be presumed to continue representing his client on
appeal, unless he files a formal petition withdrawing his appearance in
(e) To maintain inviolate the confidence, and at every peril to the appellate court.
himself, to preserve the secrets of his client, and to accept no
compensation in connection with his client's business except from Section 23. Authority of attorneys to bind clients. Attorneys have
him or with his knowledge and approval; 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
(f) To abstain from all offensive personality and to advance no fact ordinary judicial procedure. But they cannot, without special authority,
prejudicial to the honor or reputation of a party or witness, unless compromise their client's litigation, or receive anything in discharge of a
client's claim but the full amount in cash. Section 27. Attorneys removed or suspended by Supreme Court on what
grounds. A member of the bar may be removed or suspended from
Section 24. Compensation of attorneys; agreement as to fees. An his office as attorney by the Supreme Court for any deceit, malpractice,
attorney shall be entitled to have and recover from his client no more or other gross misconduct in such office, grossly immoral conduct, or by
than a reasonable compensation for his services, with a view to the reason of his conviction of a crime involving moral turpitude, or for any
importance of the subject matter of the controversy, the extent of the violation of the oath which he is required to take before the admission to
services rendered, and the professional standing of the attorney. No practice, or for a wilfull disobedience of any lawful order of a superior
court shall be bound by the opinion of attorneys as expert witnesses as court, or for corruptly or willful appearing as an attorney for a party to a
to the proper compensation, but may disregard such testimony and base case without authority so to do. The practice of soliciting cases at law
its conclusion on its own professional knowledge. A written contract for for the purpose of gain, either personally or through paid agents or
services shall control the amount to be paid therefor unless found by the brokers, constitutes malpractice.
court to be unconscionable or unreasonable.
Section 28. Suspension of attorney by the Court of Appeals or a Court
Section 25. Unlawful retention of client's funds; contempt. When an of First Instance. The Court of Appeals or a Court of First Instance
attorney unjustly retains in his hands money of his client after it has may suspend an attorney from practice for any of the causes named in
been demanded, he may be punished for contempt as an officer of the the last preceding section, and after such suspension such attorney shall
Court who has misbehaved in his official transactions; but proceedings not practice his profession until further action of the Supreme Court in
under this section shall not be a bar to a criminal prosecution. the premises.

Section 26. Change of attorneys. An attorney may retire at any time Section 29. Upon suspension by the Court of Appeals or Court of First
from any action or special proceeding, by the written consent of his Instance, further proceedings in Supreme Court. Upon such
client filed in court. He may also retire at any time from an action or suspension, the Court of Appeals or the Court of First Instance shall
special proceeding, without the consent of his client, should the court, forthwith transmit to the Supreme Court a certified copy of the order of
on notice to the client and attorney, and on hearing, determine that he suspension and a full statement of the facts upon which the same was
ought to be allowed to retire. In case of substitution, the name of the based. Upon the receipt of such certified copy and statement, the
attorney newly employed shall be entered on the docket of the court in Supreme Court shall make a full investigation of the facts involved and
place of the former one, and written notice of the change shall be given make such order revoking or extending the suspension, or removing the
to the advance party. attorney from his office as such, as the facts warrant.

A client may at any time dismiss his attorney or substitute another in his Section 30. Attorney to be heard before removal or suspension. No
place, but if the contract between client and attorney has been reduced attorney shall be removed or suspended from the practice of his
to writing and the dismissal of the attorney was without justifiable profession, until he has had full opportunity upon reasonable notice to
cause, he shall be entitled to recover from the client the full answer the charges against him, to produce witnesses in his own behalf,
compensation stipulated in the contract. However, the attorney may, in and to be heard by himself or counsel. But if upon reasonable notice he
the discretion of the court, intervene in the case to protect his rights. For fails to appear and answer the accusation, the court may proceed to
the payment of his compensation the attorney shall have a lien upon all determine the matter ex parte.
judgments for the payment of money, and executions issued in
pursuance of such judgment, rendered in the case wherein his services Section 31. Attorneys for destitute litigants. A court may assign an
had been retained by the client. 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 Section 37. Attorneys' liens. An attorney shall have a lien upon the
employ an attorney, and that the services of counsel are necessary to funds, documents and papers of his client which have lawfully come
secure the ends of justice and to protect the rights of the party. It shall be into his possession and may retain the same until his lawful fees and
the duty of the attorney so assigned to render the required service, disbursements have been paid, and may apply such funds to the
unless he is excused therefrom by the court for sufficient cause shown. satisfaction thereof. He shall also have a lien to the same extent upon all
judgments for the payment of money, and executions issued in
Section 32. Compensation for attorneys de oficio. Subject to pursuance of such judgments, which he has secured in a litigation of his
availability of funds as may be provided by the law the court may, in its client, from and after the time when he shall have the caused a statement
discretion, order an attorney employed as counsel de oficio to be of his claim of such lien to be entered upon the records of the court
compensates in such sum as the court may fix in accordance with rendering such judgment, or issuing such execution, and shall have the
section 24 of this rule. Whenever such compensation is allowed, it shall caused written notice thereof to be delivered to his client and to the
be not less than thirty pesos (P30) in any case, nor more than the adverse paty; and he shall have the same right and power over such
following amounts: (1) Fifty pesos (P50) in light felonies; (2) One judgments and executions as his client would have to enforce his lien
hundred pesos (P100) in less grave felonies; (3) Two hundred pesos and secure the payment of his just fees and disbursements.
(P200) in grave felonies other than capital offenses; (4) Five Hundred
pesos (P500) in capital offenses. RULE 138-A

Section 33. Standing in court of person authorized to appear for Law Student Practice Rule
Government. Any official or other person appointed or designated in
accordance with law to appear for the Government of the Philippines Section 1. Conditions for student practice. A law student who has
shall have all the rights of a duly authorized member of the bar to successfully completed his 3rd year of the regular four-year prescribed
appear in any case in which said government has an interest direct or law curriculum and is enrolled in a recognized law school's clinical
indirect. legal education program approved by the Supreme Court, may appear
without compensation in any civil, criminal or administrative case
Section 34. By whom litigation conducted. In the court of a justice of before any trial court, tribunal, board or officer, to represent indigent
the peace a party may conduct his litigation in person, with the aid of an clients accepted by the legal clinic of the law school.
agent or friend appointed by him for the purpose, or with the aid an
attorney. In any other court, a party may conduct his litigation Section 2. Appearance. The appearance of the law student
personally or by aid of an attorney, and his appearance must be either authorized by this rule, shall be under the direct supervision and control
personal or by a duly authorized member of the bar. of a member of the Integrated Bar of the Philippines duly accredited by
the law school. Any and all pleadings, motions, briefs, memoranda or
Section 35. Certain attorneys not to practice. No judge or other other papers to be filed, must be signed by the supervising attorney for
official or employee of the superior courts or of the Office of the and in behalf of the legal clinic.
Solicitor General, shall engage in private practice as a member of the
bar or give professional advice to clients. Section 3. Privileged communications. The Rules safeguarding
privileged communications between attorney and client shall apply to
Section 36. Amicus Curiae. Experienced and impartial attorneys may similar communications made to or received by the law student, acting
be invited by the Court to appear as amici curiae to help in the for the legal clinic.
disposition of issues submitted to it.
Section 4. Standards of conduct and supervision. The law student
shall comply with the standards of professional conduct governing
members of the Bar. Failure of an attorney to provide adequate
supervision of student practice may be a ground for disciplinary action.
(Circular No. 19, dated December 19, 1986).