Citizenship

Section 14. The sustained development of a reservoir of national talents consisting of Filipino
scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled
workers and craftsmen in all fields shall be promoted by the State. The State shall encourage
appropriate technology and regulate its transfer for the national benefit. The practice of all
professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.
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 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.
Republic Act No. 9225 August 29, 2003
AN ACT MAKING THE CITIZENSHIP OF PHILIPPINE CITIZENS WHO ACQUIRE FOREIGN
CITIZENSHIP PERMANENT.
AMENDING FOR THE PURPOSE COMMONWEALTH ACT. NO. 63, AS AMENDED AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title this act shall be known as the "Citizenship Retention and Re-
acquisition Act of 2003."
Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine
citizens of another country shall be deemed not to have lost their Philippine citizenship under the
conditions of this Act.
Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary
notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign
country are hereby deemed to have re-acquired Philippine citizenship upon taking the following
oath of allegiance to the Republic:
"I _____________________, solemny swear (or affrim) that I will support and defend the
Constitution of the Republic of the Philippines and obey the laws and legal orders
promulgated by the duly constituted authorities of the Philippines; and I hereby declare
that I recognize and accept the supreme authority of the Philippines and will maintain true
faith and allegiance thereto; and that I imposed this obligation upon myself voluntarily
without mental reservation or purpose of evasion."
Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a
foreign country shall retain their Philippine citizenship upon taking the aforesaid oath.
Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or
adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon
effectivity of this Act shall be deemed citizenship of the Philippines.
Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine
citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant
liabilities and responsibilities under existing laws of the Philippines and the following conditions:
(1) Those intending to exercise their right of surffrage must Meet the requirements under
Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as "The
Overseas Absentee Voting Act of 2003" and other existing laws;
(2) Those seeking elective public in the Philippines shall meet the qualification for holding
such public office as required by the Constitution and existing laws and, at the time of the
filing of the certificate of candidacy, make a personal and sworn renunciation of any and
all foreign citizenship before any public officer authorized to administer an oath;
(3) Those appointed to any public office shall subscribe and swear to an oath of
allegiance to the Republic of the Philippines and its duly constituted authorities prior to
their assumption of office: Provided, That they renounce their oath of allegiance to the
country where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply with the
proper authority for a license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the Philippines
cannot be exercised by, or extended to, those who:
(a) are candidates for or are occupying any public office in the country of which
they are naturalized citizens; and/or
(b) are in active service as commissioned or non-commissioned officers in the
armed forces of the country which they are naturalized citizens.
Section 6. Separability Clause - If any section or provision of this Act is held unconstitutional or
invalid, any other section or provision not affected thereby shall remain valid and effective.
Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.
Section 8. Effectivity Clause This Act shall take effect after fifteen (15) days following its
publication in theOfficial Gazette or two (2) newspaper of general circulation.

In re Arturo Castillo Reyes (
1993)Pet i t i oner s name was st r uck f r om t he r ol l of attorney s due to the
followi ng

facts:
graduated from UP Coll ege of Law in 1939; passed the bar in 1939; inducted to and
served in the US Armed For ces i n t he Far east dur i ng WWI I and t hus
became el igible for citizenship under the
1990US I mmi g r a t i o n Ac t ; b e c a me a n a t u r a l i z e d citizen of the US in
1993. Likewise, his petition to continue handling cases in his private practice of
law. Only Filipino citizens may practice law in the Philippine. This requirement is
prescribed by t he Const i t ut i on, XI I 14, and t he RoC, 2 Rul e138
.
Rat i o:
Si nce one of t he sol emn dut i es of anattorney is to mai ntain
allegiance to the RP and to support the Constitution and obey the laws of the
Phils (20(a) Rule 138 RoC), it follows that
aFi l i pi no ci t i zen admi t t ed t o t he Phi l Bar must maintain such citizenship
to remain qualified for the practice of law in this country.


Residency:

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 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.
Age:

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 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.
Good moral Character:
Narag v narag
FACTS:
Atty. Dominador Narag was alleged to have abandoned his family for his paramour who was once his
student in tertiary level. The administrative complaint of disbarment was filed by her wife, Mrs. Julieta
Narag. Respondent filed motion to dismiss because allegedly the complainant fabricated the story as
well as the love letters while under extreme emotional confusion arising from jealousy. The case took
an unexpected turn when another complaint was filed, the wife as again the complainant but now
together with their seven children as co-signatories. After several hearings, the facts became clear,
that the respondent indeed abandoned his family as against morals, based on testimonial evidences.
In addition, the assailed relationship bore two children.
ISSUE:
Whether or not respondent is guilty of gross immorality and for having violated and the Code of Ethics
for Lawyers culpable for disbarment.
HELD:
YES. Respondent disbarred.
RATIO:
The complainant was able to establish, by clear and convincing evidence, that the respondent
breached the high and exacting moral standards set for the members of the law profession.
Good moral character is not only a condition precedent to the practice of law, but
a continuing qualification for all members of the bar.
CANON 7 A lawyer shall at all times uphold the integrity and dignity of the legal profession, and
support the activities of the Integrated Bar.
Rule 7.03 A lawyer shall not engage in conduct that adversely reflects on his fitness to practice
law, nor should he, whether in public or private life, behave in a scandalous manner to the discredit of
the legal profession.
Undoubtedly, the canons of law practice were violated.

Spouses OLBES VS. Atty. VICTOR V. DECIEMBRE
AC-5365. April 27, 2005

Facts: Atty. Victor V. Deciembre was given five blank checks by Spouses Olbes for security of a loan.
After the loan was paid and a receipt issued, Atty. Deciembre filled up four of the five checks for P50,
000 with different maturity date. All checks were dishonored. Thus, Atty. Deciembre fled a case for
estafa against the spouses Olbes. This prompted the spouses Olbes to file a disbarment case against
Atty. Deciembre with the Office of the Bar Confidant of this Court. In the report, Commissioner Dulay
recommended that respondent be suspended from the practice of law for two years for violating Rule
1.01 of the Code of Professional Responsibility.

Issue: Whether or not the suspension of Atty. Deciembre was in accord with his fault.

Held: Membership in the legal profession is a special privilege burdened with conditions. It is
bestowed upon individuals who are not only learned in the law, but also known to possess good moral
character. A lawyer is an oath-bound servant of society whose conduct is clearly circumscribed by
inflexible norms of law and ethics, and whose primary duty is the advancement of the quest for truth
and justice, for which he has sworn to be a fearless crusader. By taking the lawyers oath, an attorney
becomes a guardian of truth and the rule of law, and an indispensable instrument in the fair and
impartial administration of justice. Lawyers should act and comport themselves with honesty and
integrity in a manner beyond reproach, in order to promote the publics faith in the legal profession. It
is also glaringly clear that the Code of Professional Responsibility was seriously transgressed by his
malevolent act of filling up the blank checks by indicating amounts that had not been agreed upon at
all and despite respondents full knowledge that the loan supposed to be secured by the checks had
already been paid. His was a brazen act of falsification of a commercial document, resorted to for his
material gain.
Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and
dishonorable; they reveal a basic moral flaw. The standards of the legal profession are not satisfied by
conduct that merely enables one to escape the penalties of criminal laws. Considering the depravity of
the offense committed by respondent, we find the penalty recommended by the IBP of suspension for
two years from the practice of law to be too mild. His propensity for employing deceit and
misrepresentation is reprehensible. His misuse of the filled-up checks that led to the detention of one
petitioner is loathsome. Thus, he is sentenced suspended indefinitely from the practice of law effective
immediately.



In Re: Argosino B.M. No. 712 July 13, 1995
FACTS: This is a matter for admission to the bar and oath taking of a successful bar
applicant. Argosinowas previously involved with hazing that caused the death of
Raul Camaligan but was sentenced withhomicide through reckless imprudence after
he pleaded guilty. He was sentenced with 2 yearsimprisonment where he applied for
a probation thereafter which was granted by the court with a 2 yr probation. He took
the bar exam and passed but was not allowed to take oath. He filed a petition to
allowhim to take the attorneys oath of office averring that his probation was already
terminated. The court notethat he spent only 10 months of the probation period
before it was terminated.

ISSUE:
WON Argosino may take oath of office.

RULING:
The court upheld the principle of maintaining the good morals of all Bar members,
keeping inmind that such is of greater importance so far as the general public and
the proper administration of justice are concerned, than the possession of legal
learning. Hence he was asked by the court to produceevidence that would certify
that he has reformed and have become a responsible member of thecommunity
through sworn statements of individuals who have a good reputation for truth and
who haveactually known Mr. Argosino for a significant period of time to certify he is
morally fit to the admission of the law profession. The court also ordered that said a
copy of the proceeding be furnished to thefamily/relatives of Raul Camaligan

[BAR MATTER No. 712. March 19, 1997]
RE: PETITION OF AL ARGOSINO TO TAKE THE LAWYER'S OATH
R E S O L U T I O N
PADILLA, J.:
Petitioner Al Caparros Argosino passed the bar examinations held in 1993. The Court however
deferred his oath-taking due to his previous conviction for Reckless Imprudence Resulting In
Homicide.
The criminal case which resulted in petitioner' s conviction, arose from the death of a neophyte
during fraternity initiation rites sometime in September 1991. Petitioner and seven (7) other accused
initially entered pleas of not guilty to homicide charges. The eight (8) accused later withdrew their
initial pleas and upon re-arraignment all pleaded guilty to reckless imprudence resulting in homicide.
On the basis of such pleas, the trial court rendered judgment dated 11 February 1993 imposing
on each of the accused a sentence of imprisonment of from two (2) years four (4) months and one (1)
day to four (4) years.
On 18 June 1993, the trial court granted herein petitioner's application for probation.
On 11 April 1994, the trial court issued an order approving a report dated 6 April 1994 submitted
by the Probation Officer recommending petitioner's discharge from probation
On 14 April 1994, petitioner filed before this Court a petition to be allowed to take the lawyer's
oath based on the order of his discharge from probation.
On 13 July 1995, the Court through then Senior Associate Justice Florentino P. Feliciano issued
a resolution requiring petitioner Al C. Argosino to submit to the Court evidence that he may now be
regarded as complying with the requirement of good moral character imposed upon those seeking
admission to the bar.
In compliance with the above resolution, petitioner submitted no less than fifteen (15)
certifications/letters executed by among others two (2) senators, five (5) trial court judges, and six (6)
members of religious orders. Petitioner likewise submitted evidence that a scholarship foundation had
been established in honor of Raul Camaligan, the hazing victim, through joint efforts of the latter's
family and the eight (8) accused in the criminal case.
On 26 September 1995, the Court required Atty Gilbert Camaligan, father of Raul, to comment
on petitioner's prayer to be allowed to take the lawyer's oath.
In his comment dated 4 December 1995, Atty. Camaligan states that:
a. He still believes that the infliction of severe physical injuries which led to the death of his
son was deliberate rather than accidental. The offense therefore was not only homicide but
murder since the accused took advantage of the neophyte's helplessness implying abuse of
confidence, taking advantage of superior strength and treachery.
b. He consented to the accused's plea of guilt to the lesser offense of reckless imprudence
resulting in homicide only out of pity for the mothers of the accused and a pregnant wife of one of
the accused who went to their house on Christmas day 1991 and Maundy Thursday 1992,
literally on their knees, crying and begging for forgiveness and compassion. They also told him
that the father of one of the accused had died of a heart attack upon learning of his son's
involvement in the incident.
c. As a Christian, he has forgiven petitioner and his co-accused for the death of his son.
However, as a loving father who had lost a son whom he had hoped would succeed him in his
law practice, he still feels the pain of an untimely demise and the stigma of the gruesome manner
of his death.
d. He is not in a position to say whether petitioner is now morally fit for admission to the bar.
He therefore submits the matter to the sound discretion of the Court.
The practice of law is a privilege granted only to those who possess the strict intellectual and
moral qualifications required of lawyers who are instruments in the effective and efficient
administration o f justice. It is the sworn duty of this Court not only to "weed out" lawyers who have
become a disgrace to the noble profession of the law but, also of equal importance, to prevent
"misfits" from taking the lawyer' s oath, thereby further tarnishing the public image of lawyers which in
recent years has undoubtedly become less than irreproachable.
The resolution of the issue before us required a weighing and re-weighing of the reasons for
allowing or disallowing petitioner's admission to the practice of law. The senseless beatings inf1icted
upon Raul Camaligan constituted evident absence of that moral fitness required for admission to the
bar since they were totally irresponsible, irrelevant and uncalled for.
In the 13 July 1995 resolution in this case we stated:
"x x x participation in the prolonged and mindless physical behavior, [which] makes impossible a
finding that the participant [herein petitioner] was then possessed of good moral character."
[1]

In the same resolution, however, we stated that the Court is prepared to consider de novo the
question of whether petitioner has purged himself of the obvious deficiency in moral character
referred to above.
Before anything else, the Court understands and shares the sentiment of Atty. Gilbert
Camaligan. The death of one's child is, for a parent, a most traumatic experience. The suffering
becomes even more pronounced and profound in cases where the death is due to causes other than
natural or accidental but due to the reckless imprudence of third parties. The feeling then becomes a
struggle between grief and anger directed at the cause of death.
Atty. Camaligan's statement before the Court manifesting his having forgiven the accused is no
less than praiseworthy and commendable. It is exceptional for a parent, given the circumstances in
this cases, to find room for forgiveness.
However, Atty. Camaligan admits that he is still not in a position to state if petitioner is now
morally fit to be a lawyer.
After a very careful evaluation of this case, we resolve to allow petitioner Al Caparros Argosino to
take the lawyer's oath, sign the Roll of Attorneys and practice the legal profession with the following
admonition:
In allowing Mr. Argosino to take the lawyer's oath, the Court recognizes that Mr. Argosino is not
inherently of bad moral fiber. On the contrary, the various certifications show that he is a devout
Catholic with a genuine concern for civic duties and public service.
The Court is persuaded that Mr. Argosino has exerted all efforts to atone for the death of Raul
Camaligan. We are prepared to give him the benefit of the doubt, taking judicial notice of the general
tendency of youth to be rash, temerarious and uncalculating.
We stress to Mr. Argosino that the lawyer's oath is NOT a mere ceremony or formality for
practicing law. Every lawyer should at ALL TIMES weigh his actions according to the sworn promises
he makes when taking the lawyer's oath. If all lawyers conducted themselves strictly according to the
lawyer's oath and the Code of Professional Responsibility, the administration of justice will
undoubtedly be faster, fairer and easier for everyone concerned.
The Court sincerely hopes that Mr. Argosino will continue with the assistance he has been giving
to his community. As a lawyer he will now be in a better position to render legal and other services to
the more unfortunate members of society.
PREMISES CONSIDERED, petitioner Al Caparros Argosino is hereby ALLOWED to take the
lawyer's oath on a date to be set by the Court, to sign the Roll of Attorneys and, thereafter, to practice
the legal profession.
SO ORDERED.
Narvasa, C.J., (Chairman), Regalado, Davide, Jr., Romero, Bellosillo, Melo, Puno, Vitug,
Kapunan, Mendoza, Francisco, Hermosisima, Jr., Panganiban, and Torres, Jr., JJ., concur.


EDUCATION:

Section 6. Pre-Law. No applicant for admission to the bar examination shall be admitted unless he presents a
certificate that he has satisfied the Secretary of Education that, before he began the study of law, he had pursued
and satisfactorily completed in an authorized and recognized university or college, requiring for admission thereto
the completion of a four-year high school course, the course of study prescribed therein for a bachelor's degree
in arts or sciences with any of the following subjects as major or field of concentration: political science, logic,
english, spanish, history and economics.
REPUBLIC ACT NO. 7662
AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE PURPOSE, A LEGAL
EDUCATION BOARD AND FOR OTHER PURPOSES.
Section 1. Title. - This Act shall be known as the "Legal Education Reform Act of 1993."


Section 2. Declaration of Policies. - It is hereby declared the policy of the State to uplift the standards of legal education in
order to prepare law students for advocacy, counselling, problem-solving, and decision-making, to infuse in them the ethics of
the legal profession; to impress on them the importance, nobility and dignity of the legal profession as an equal and
indispensable partner of the Bench in the administration of justice and to develop social competence.
Towards this end, the State shall undertake appropriate reforms in the legal education system, require proper selection of law
students, maintain quality among law schools, and require legal apprenticeship and continuing legal education.
Section 3. General and Specific Objective of Legal Education. - (a) Legal education in the Philippines is geared to attain the
following objectives:
(1) to prepare students for the practice of law;
(2) to increase awareness among members of the legal profession of the needs of the poor, deprived and
oppressed sectors of society;
(3) to train persons for leadership;
(4) to contribute towards the promotion and advancement of justice and the improvement of its
administration, the legal system and legal institutions in the light of the historical and contemporary
development of law in the Philippines and in other countries.
(b) Legal education shall aim to accomplish the following specific objectives:
(1) to impart among law students a broad knowledge of law and its various fields and of legal institutions;
(2) to enhance their legal research abilities to enable them to analyze, articulate and apply the law
effectively, as well as to allowthem to have a holistic approach to legal problems and issues;
(3) to prepare law students for advocacy, counselling, problem-solving and decision-making, and to
develop their ability to deal with recognized legal problems of the present and the future;
(4) to develop competence in any field of law as is necessary for gainful employment or sufficient as a
foundation for future training beyond the basic professional degree, and to develop in them the desire and
capacity for continuing study and self-improvement;
(5) to inculcate in them the ethics and responsibilities of the legal profession; and
(6) to produce lawyers who conscientiously pursue the lofty goals of their profession and to fully adhere to
its ethical norms.
Section 4. Legal Education Board; Creation and Composition. - To carry out the purpose of this Act, there is hereby created
the Legal Education Board, hereinafter referred to as the Board, attached solely for budgetary purposes and administrative
support to the Department of Education, Culture and Sports.
The Board shall be composed of a Chairman, who shall preferably be a former justice of the Supreme Court or Court of
Appeals, and the following as regular members: a representative of the Integrated Bar of the Philippines (IBP); a representative
of the Philippine Association of Law Schools (PALS); a representative from the ranks of active law practitioners; and, a
representative from the law students' sector. The Secretary of the Department of Education, Culture and Sports, or his
representative, shall be an ex officio member of the Board.
With the exception of the representative of the law students' sector, the Chairman and regular members of the Board must be
natural-born citizen of the Philippines and members of the Philippine Bar, who have been engaged for at least ten (10) years in
the practice of law, as well as in the teaching of law in a duly authorized or recognized law school.
--
Section 5. Term of Office; Compensation. - The Chairman and regular members of the Board shall be appointed by the
President for a term of five (5) years without reappointment from a list of at least three (3) nominees prepared, with prior
authorization from the Supreme Court, by the Judicial and Bar Council, for every position or vacancy, and no such appointment
shall need confirmation by the Commission on Appointments. Of those first appointed, the Chairman and the representative of
the IBP shall hold office for five (5) years, the representatives of the PALS and the PALP, for three (3) years; and the
representative from the ranks of active law practitioners and the representative of the law students' sector, for one (1) year,
without reappointment. Appointments to any vacancy shall be only for the unexpire portion of the term of the predecessor.
The Chairman and regular members of the Board shall have the same salary and rank as the Chairman and members,
respectively, of the Constitutional Commissions: Provided, That their salaries shall not be diminished during their term of office.
Section 6. Office and Staff Support. - The Department of Education, Culture and Sports shall provide the necessary office and
staff support to the Board, with a principal office to be located in Metropolitan Manila.
The Board may appoint such other officers and employees it may deem necessary in the performanceof its powers and
functions.
Section 7. Powers and Functions. - For the purpose of achieving the objectives of this Act, the Board shall havethe following
powers and functions:
(a) to administer the legal education system in the country in a manner consistent with the provisions of this Act;
(b) to supervise the law schools in the country, consistent with its powers and functions as herein enumerated;
(c) to set the standards of accreditation for law schools taking into account, among others, the size of enrollment, the
qualifications of the members of the faculty, the library and other facilities, without encroaching upon the academic
freedom of institutions of higher learning;
(d) to accredit law schools that meet the standards of accreditation;
(e) to prescribe minimum standards for law admission and minimum qualifications and compensation of faculty
members;
(f) to prescribe the basic curricula for the course of study aligned to the requirements for admission to the Bar, law
practice and social consciousness, and such other courses of study as may be prescribed by the law schools and
colleges under the different levels of accreditation status;
(g) to establish a law practice internship as a requirement for taking the Bar which a law student shall undergo with
any duly accredited private or public law office or firm or legal assistance group anytime during the law course for a
specific period that the Board may decide, but not to exceed a total of twelve (12) months. For this purpose, the
Board shall prescribe the necessary guidelines for such accreditation and the specifications of such internship which
shall include the actual work of a new member of the Bar.
(h) to adopt a system of continuing legal education. For this purpose, the Board may provide for the mandatory
attendance of practicing lawyers in such courses and for such duration as the Board may deem necessary; and
(i) to perform such other functions and prescribe such rules and regulations necessary for the attainment of the
policies and objectives of this Act.
Section 8. Accreditation of Law Schools. - Educational institutions may not operate a law school unless accredited by the
Board. Accreditation of law schools may be granted only to educational institutions recognized by the Government.
Section 9. Withdrawal or Downgrading of Accreditation. - The Board may withdraw or downgrade the accreditation status of a
law school if it fails to maintain the standards set for its accreditation status.
Section 10. Effectivity of Withdrawal or Downgrading of Accreditation. - The withdrawal or downgrading of accreditation status
shall be effetive after the lapse ofthe semester or trimester following the receipt by the school of the notice of withdrawal or
downgrading unless, in the meantime, the school meets and/or upgrades the standards or corrects the deficiencies upon which
the withdrawal or downgrading of the accreditation status is based.
Section 11. Legal Education Fund. - There is hereby created a special endowment fund, to be known as the Legal Education
Fund, which shall be under the control of the Board, and administered as a separate fund by the Social Security System (SSS)
which shall invest the same with due and prudent regard to its solvency, safety and liquidity.
The Legal Education Fund shall be established out of, and maintained from, the amounts appropriated pursuant to paragraph
2, Section 13 hereof, and from sixty percent (60%) of the privilege tax paid by every lawyer effective Fiscal Year 1994; and from
such donations, legacies, grant-in-aid and other forms of contributions received by the Board for the purposes of this Act.
Being a special endowment fund, only the interests earned on the Legal Education Fund shall be used exclusively for the
purposes of this Act, including support for faculty development grants, professorial chairs, library improvements and similar
programs for the advancement of law teaching and education in accredited law schools.
The Fund shall also be used for the operation of the Board. For this purpose, an amount not exceeding ten percent (10%) of
the interest on the Fund shall be utilized.
The Board, in consultation with the SSS, shall issue the necessary rules and regulations for the collection, administration and
utilization of the Fund.
Section 12. Coverage. - The provisions of this Act shall apply to all schools and colleges of law which are presently under the
supervision of the Department of Education, Culture and Sports. Hereafter, said supervision shall be transferred to the Board.
Law schools and colleges which shall be established following the approval of this Act shall likewise be covered.
Section 13. Appropriation. - The amount of One Million Pesos (P1,000,000.00) is hereby authorized to be charged against the
current year's appropriation of the Contingent Fund for the initial expenses of the Board.
To form part of the Legal Education Fund, there shall be appropriated annually, under the budget of the Department of
Education, Culture and Sports, the amount of Ten Million Pesos (P10,000,000.00) for a period of ten (10) years effective Fiscal
Year 1994.
Section 14. Separability Clause. - If any provision of this Act is declared unconstitutional or the application thereof to any
person, circumstance or transaction is held invalid, the validity of the remaining provisions of this Act and the applicability of
such provisions to other persons, circumstances and transactions shall not be affected thereby.
Section 15. Repealing Clause. - All laws, decrees, executie orders, rules and regulations, issuances or parts thereof
inconsistent with this Act is hereby repealed or amended accordingly.
Section 16. Effectivity. - This Act shall take effect after fifteen (15) days following the completion of its publication in the Official
Gazette or in any two (2) newspapers of general circulation.
Section 5. Additional requirements for other applicants. 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 regularly studied law for
four years, and successfully completed all prescribed courses, in a law school or university, officially approved and recognized
by the Secretary of Education. The affidavit of the candidate, accompanied by a certificate from the university or school of law,
shall be filed as evidence of such facts, and further evidence may be required by the court.
No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the following courses in a law
school or university duly recognized by the government: civil law, commercial law, remedial law, criminal law, public and private
international law, political law, labor and social legislation, medical jurisprudence, taxation and legal ethics.
Section 6. Pre-Law. No applicant for admission to the bar examination shall be admitted unless he presents a certificate that
he has satisfied the Secretary of Education that, before he began the study of law, he had pursued and satisfactorily completed
in an authorized and recognized university or college, requiring for admission thereto the completion of a four-year high school
course, the course of study prescribed therein for a bachelor's degree in arts or sciences with any of the following subjects as
major or field of concentration: political science, logic, english, spanish, history and economics.
Section 7. Time for filing proof of qualifications. All applicants for admission shall file with the clerk of the Supreme Court the
evidence required by section 2 of this rule at least fifteen (15) days before the beginning of the examination. If not embraced
within 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 8. Notice of Applications. Notice of applications for admission shall be published by the clerk of the Supreme Court
in newspapers published in Pilipino, English and Spanish, for at least ten (10) days before the beginning of the examination.
Section 9. Examination; subjects. Applicants, not otherwise provided for in sections 3 and 4 of this rule, shall be subjected
to examinations in the following subjects: Civil Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public Officers); International Law (Private and Public); Taxation; Remedial Law
(Civil Procedure, Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises (in Pleadings and Conveyancing).
Section 10. Bar examination, by questions and answers, and in writing. Persons taking the examination shall not bring
papers, books or notes into the examination rooms. The questions shall be the same for all examinees and a copy thereof, in
English or Spanish, shall be given to each examinee. Examinees shall answer the questions personally without help from
anyone.
Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers
without much loss of time., the Supreme Court may allow such examinee to use a typewriter in answering the questions. Only
noiseless typewriters shall be allowed to be used.
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 11. Annual examination. Examinations for admission to the bar of the Philippines shall take place annually in the
City of Manila. They shall be held in four days to be disignated 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 12. Committee of examiners. Examinations shall be conducted by a committee of bar examiners to be appointed by
the Supreme Court. This committee shall be composed of a Justice of the Supreme Court, who shall act as chairman, and who
shall be designated by the court to serve for one year, and eight members of the bar of the Philippines, who shall hold office for
a period of one year. The names of the members of this committee shall be published in each volume of the official reports.
Section 13. Disciplinary measures. No candidate shall endeavor to influence any member of the committee, and during
examination the candidates shall not communicate with each other nor shall they give or receive any assistance. The candidate
who violates this 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 14. Passing average. In order that a candidate may be deemed to have passed his examinations successfully, he
must have obtained a general average of 75 per cent in all subjects, without falling below 50 per cent in any 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 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent; Legal Ethics and Practical Exercises, 5 per cent.
Section 15. Report of the committee; filing of examination papers. Not later than February 15th after the examination, or as
soon thereafter as may be practicable, the committee shall file its 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. Failing candidates to take review course. Candidates who have failed the bar examinations for three times shall
be disqualified from taking another examination unless they show 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.

In re telesforo diao


FACTS:
Telesforo A. Diao passed the Bar Examinations in 1953. Two years after, Severino Martinez
charged him (Diao) of misrepresentation in the application of the examinations becasue Diao
failed to meet the academic pre-requisites. Diao did not complete secondary education (high
school) and did not attend Quisumbing College nor obtained an Associate in Arts degree from
the said institution.
Diao admitted the charge but claimed that he left high school in his third year because he served
in the U.S. Army. He passed the General Classification Test, which was said to be an equivalent
to a high school diploma.

ISSUE:
Whether or not Diao should continue to practice law?

HELD:
NO.
Plainly, therefore, Telesforo A. Diao was not qualified to take the bar examinations; but due to
his false representations, he was allowed to take it, luckily passed it, and was thereafter admitted
to the Bar. Such admission having been obtained under false pretenses must be, and is hereby
revoked. The fact that he hurdled the Bar examinations is immaterial. Passing such examinations
is not the only qualification to become an attorney-at-law; taking the prescribed courses of legal
study in the regular manner is equally essential..


Application of Adriano m hernandez:

Graduates of foreign law schools shall not beallowed to take the bar examinations since
theycannot present the certifications requiredunder sections 5 and 6 of Rule 138
(Re: Application of Adriano M. Hernandez,(1993))

Non-graduates of Philippine law schools have also been allowed to take the Bar Examinations. In
a Resolution of the Supreme Court En Banc dated July 27, 1993 (Re: Application of Adriano M.
Hernandez to take the 1993 Bar Examinations), the Court allowed the applicant, a Filipino citizen
who obtained a Juris Doctor from Columbia University, New York and who has taken fourth year
review courses and other bar subjects at the Ateneo Law School, to take the 1993 Bar
Examinations, considering the fact that in the past, it had allowed Filipinos who have studied law
in foreign law schools from the strict requirements of Sections 5 and 6 of Rule 138 and allowed
them to take the bar examinations, but with the caveat that:
beginning next year, the Court WILL NOT ALLOW GRADUATES OF FOREIGN LAW
SCHOOLS TO TAKE THE BAR EXAMINATIONS. An applicant who desires to take the bar
examinations must not only have studied law in a local law school but has to present the
certifications required under Sections 5 and 6 of Rule 138 in order to take the bar examination.
Since graduates of foreign law schools cannot submit said certifications, they shall henceforth
not be allowed to take the bar examinations (emphasis supplied).
Was Adriano M. Hernandez the last Filipino to graduate from a foreign law school who was
allowed to take the Bar Examinations?
No.
(eto lang nakita ko kasi ang hirap talaga. SWEAR!)
Bm 1153
In March 2010 the Philippine Supreme Court Issued Bar Matter 1153 amending
provisions in sec 5 and 6 of rule 138 of the rules of court now allowing Filipino foreign
law school graduates to take the bar exam provided that they comply with the following:
a. completion of all courses leading to a degree of Bachelor of laws or its equivalent b.
recognition or accreditation of the law school by proper authority c. completion of all
fourth year subjects in a program of a law school duly accredited by the Philippine
Government d. present proof of completing a separate bachelors degree
Oath:
I___________ of ___________ do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support its Constitution and obey 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 court; I will not
wittingly nor 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 lawyer according to the
best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I
impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So
help me God.




In Re: Argosino B.M. No. 712 July 13, 1995
FACTS:
This is a matter for admission to the bar and oath taking of a successful bar applicant. Argosinowas previously
involved with hazing that caused the death of Raul Camaligan but was sentenced withhomicide through reckless
imprudence after he pleaded guilty. He was sentenced with 2 yearsimprisonment where he applied for a
probation thereafter which was granted by the court with a 2 yr probation. He took the bar exam and passed
but was not allowed to take oath. He filed a petition to allowhim to take the attorneys oath of office averring that
his probation was already terminated. The court notethat he spent only 10 months of the probation period before
it was terminated.

ISSUE:
WON Argosino may take oath of office

.RULING:
The court upheld the principle of maintaining the good morals of all Bar members, keeping inmind that such is of
greater importance so far as the general public and the proper administration of justice are concerned, than the
possession of legal learning. Hence he was asked by the court to produceevidence that would certify that he has
reformed and have become a responsible member of thecommunity through sworn statements of individuals who
have a good reputation for truth and who haveactually known Mr. Argosino for a significant period of time to
certify he is morally fit to the admission of the law profession. The court also ordered that said a copy of the
proceeding be furnished to thefamily/relatives of Raul Camaligan.

SEE OLBES v DICIEMBRE

QUALIFICATIONS FOR PRACTICE:
Section 1. Who may practice law. Any person heretofore duly admitted as a member of the bar, or hereafter
admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is
entitled to practice law.
Exceptions:
Section 34. By whom litigation conducted. In the court of a justice of the peace a party may conduct his litigation in person, with the
aid of an agent or friend appointed by him for the purpose, or with the aid an attorney. In any other court, a party may conduct his
litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar.
RULE 115
Rights of Accused
Section 1. Rights of accused at the trial. In all criminal prosecutions, the accused shall be entitled to
the following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be informed of the nature and cause of the accusation against him.
(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence
at the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically
ordered by the court for purposes of identification. The absence of the accused without
justifiable cause at the trial of which he had notice shall be considered a waiver of his right to
be present thereat. When an accused under custody escapes, he shall be deemed to have
waived his right to be present on all subsequent trial dates until custody over him is regained.
Upon motion, the accused may be allowed to defend himself in person when it sufficiently
appears to the court that he can properly protect his right without the assistance of counsel.