ARTICLE VIII

JUDICIAL DEPARTMENT

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as
may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of
the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated
in Section 5 hereof.

No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be
reduced by the legislature below the amount appropriated for the previous year and, after approval,
shall be automatically and regularly released.

Section 4.

1. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It
may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy
shall be filled within ninety days from the occurrence thereof.
2. All cases involving the constitutionality of a treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court en banc, and all other cases which under
the Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case
and voted thereon.
3. Cases or matters heard by a division shall be decided or resolved with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case
and voted thereon, and in no case without the concurrence of at least three of such
Members. When the required number is not obtained, the case shall be decided en banc:
Provided, that no doctrine or principle of law laid down by the court in a decision rendered en
banc or in division may be modified or reversed except by the court sitting en banc.

Section 5. The Supreme Court shall have the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
 b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. All cases in which only an error or question of law is involved.
3. Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.

Section 7.

1. No person shall be appointed Member of the Supreme Court or any lower collegiate court
unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must
be at least forty years of age, and must have been for fifteen years or more, a judge of a
lower court or engaged in the practice of law in the Philippines.
2. The Congress shall prescribe the qualifications of judges of lower courts, but no person may
be appointed judge thereof unless he is a citizen of the Philippines and a member of the
Philippine Bar.
3. A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.

Section 8.

1. A Judicial and Bar Council is hereby created under the supervision of the Supreme Court
composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a
representative of the Congress as ex officio Members, a representative of the Integrated Bar,
a professor of law, a retired Member of the Supreme Court, and a representative of the
private sector.
2. The regular members of the Council shall be appointed by the President for a term of four
years with the consent of the Commission on Appointments. Of the Members first appointed,
the representative of the Integrated Bar shall serve for four years, the professor of law for
three years, the retired Justice for two years, and the representative of the private sector for
one year.
3. The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep a record of its proceedings.
4. The regular Members of the Council shall receive such emoluments as may be determined
by the Supreme Court. The Supreme Court shall provide in its annual budget the
appropriations for the Council.
5. The Council shall have the principal function of recommending appointees to the judiciary. It
may exercise such other functions and duties as the Supreme Court may assign to it.
Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the
President from a list of at least three nominees preferred by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issued the appointment within ninety days from the
submission of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and
of judges of lower courts shall be fixed by law. During the continuance in office, their salary shall not
be decreased.

Section 11. The Members of the Supreme Court and judges of the lower court shall hold office
during good behavior until they reach the age of seventy years or become incapacitated to discharge
the duties of their office. The Supreme Court en banc shall have the power to discipline judges of
lower courts, or order their dismissal by a vote of majority of the Members who actually took part in
the deliberations on the issues in the case and voted in thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative function.

Section 13. The conclusions of the Supreme Court in any case submitted to it for the decision en
banc or in division shall be reached in consultation before the case the case assigned to a Member
for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice
shall be issued and a copy thereof attached to the record of the case and served upon the parties.
Any Member who took no part, or dissented, or abstained from a decision or resolution must state
the reason therefor. The same requirements shall be observed by all lower collegiate court.

Section 14. No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.

No petition for review or motion for reconsideration of a decision of the court shall be refused due
course or denied without stating the legal basis therefor.

Section 15.

1. All cases or matters filed after the effectivity of this Constitution must be decided or resolved
within twenty-four months from date of submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months for all lower collegiate courts, and three
months for all other lower courts.
2. A case or matter shall be deemed submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the Rules of Court or by the court itself.
3. Upon the expiration of the corresponding period, a certification to this effect signed by the
Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to
the record of the case or matter, and served upon the parties. The certification shall state
why a decision or resolution has not been rendered or issued within said period.
4. Despite the expiration of the applicable mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall decide or
resolve the case or matter submitted thereto for determination, without further delay.

Section 16. The Supreme Court shall, within thirty days from the opening of each regular session of
the Congress, submit to the President and the Congress an annual report on the operations and
activities of the Judiciary.
 ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY

Section 1. The goals of the national economy are a more equitable distribution of opportunities,
income, and wealth; a sustained increase in the amount of goods and services produced by the
nation for the benefit of the people; and an expanding productivity as the key to raising the quality of
life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full of efficient use of human and
natural resources, and which are competitive in both domestic and foreign markets. However, the
State shall protect Filipino enterprises against unfair foreign competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all region s of the country shall be given
optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and
similar collective organizations, shall be encouraged to broaden the base of their ownership.

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration, development, and utilization of natural resources
shall be under the full control and supervision of the State. The State may directly undertake such
activities, or it may enter into co-production, joint venture, or production-sharing agreements with
Filipino citizens, or corporations or associations at least 60 per centum of whose capital is owned by
such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for
not more than twenty-five years, and under such terms and conditions as may provided by law. In
cases of water rights for irrigation, water supply, fisheries, or industrial uses other than the
development of waterpower, beneficial use may be the measure and limit of the grant.

The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as
well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers,
lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either technical
or financial assistance for large-scale exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general terms and conditions provided by law,
based on real contributions to the economic growth and general welfare of the country. In such
agreements, the State shall promote the development and use of local scientific and technical
resources.

The President shall notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution.

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the public domain may be further classified by law according
to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to
agricultural lands. Private corporations or associations may not hold such alienable lands of the
public domain except by lease, for a period not exceeding twenty-five years, renewable for not more
than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines
may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof,
by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to the
requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public
domain which may be acquired, developed, held, or leased and the conditions therefor.

Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest
lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest
lands and national parks shall be conserved and may not be increased nor diminished, except by
law. The Congress shall provide for such period as it may determine, measures to prohibit logging in
endangered forests and watershed areas.

Section 5. The State, subject to the provisions of this Constitution and national development policies
and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or
relations in determining the ownership and extent of ancestral domain.

Section 6. The use of property bears a social function, and all economic agents shall contribute to
the common good. Individuals and private groups, including corporations, cooperatives, and similar
collective organizations, shall have the right to own, establish, and operate economic enterprises,
subject to the duty of the State to promote distributive justice and to intervene when the common
good so demands.

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed
except to individuals, corporations, or associations qualified to acquire or hold lands of the public
domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to
limitations provided by law.

Section 9. The Congress may establish an independent economic and planning agency headed by
the President, which shall, after consultations with the appropriate public agencies, various private
sectors, and local government units, recommend to Congress, and implement continuing integrated
and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall
function as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when
the national interest dictates, reserve to citizens of the Philippines or to corporations or associations
at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as
Congress may prescribe, certain areas of investments. The Congress shall enact measures that will
encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony, the
State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its national
jurisdiction and in accordance with its national goals and priorities.

Section 11. No franchise, certificate, or any other form of authorization for the operation of a public
utility shall be granted except to citizens of the Philippines or to corporations or associations
organized under the laws of the Philippines, at least sixty per centum of whose capital is owned by
such citizens; nor shall such franchise, certificate, or authorization be exclusive in character or for a
longer period than fifty years. Neither shall any such franchise or right be granted except under the
condition that it shall be subject to amendment, alteration, or repeal by the Congress when the
common good so requires. The State shall encourage equity participation in public utilities by the
general public. The participation of foreign investors in the governing body of any public utility
enterprise shall be limited to their proportionate share in its capital, and all the executive and
managing officers of such corporation or association must be citizens of the Philippines.

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and
locally produced goods, and adopt measures that help make them competitive.

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all
forms and arrangements of exchange on the basis of equality and reciprocity.

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 15. The Congress shall create an agency to promote the viability and growth of
cooperatives as instruments for social justice and economic development.

Section 16. The Congress shall not, except by general law, provide for the formation, organization,
or regulation of private corporations. Government-owned or controlled corporations may be created
or established by special charters in the interest of the common good and subject to the test of
economic viability.

Section 17. In times of national emergency, when the public interest so requires, the State may,
during the emergency and under reasonable terms prescribed by it, temporarily take over or direct
the operation of any privately-owned public utility or business affected with public interest.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital
industries and, upon payment of just compensation, transfer to public ownership utilities and other
private enterprises to be operated by the Government.

Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an independent central monetary authority, the members
of whose governing board must be natural-born Filipino citizens, of known probity, integrity, and
patriotism, the majority of whom shall come from the private sector. They shall also be subject to
such other qualifications and disabilities as may be prescribed by law. The authority shall provide
policy direction in the areas of money, banking, and credit. It shall have supervision over the
operations of banks and exercise such regulatory powers as may be provided by law over the
operations of finance companies and other institutions performing similar functions.
Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing
laws, shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the
monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be
made available to the public.

Section 22. Acts which circumvent or negate any of the provisions of this Article shall be considered
inimical to the national interest and subject to criminal and civil sanctions, as may be provided by
law.
 Rule 138
ATTORNEYS AND ADMISSION TO BAR

RULE 138

Attorneys and Admission to Bar

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.

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.

Section 3. Requirements for lawyers who are citizens of the United States of America. Citizens of the United
States of America who, before July 4, 1946, were duly licensed members of the Philippine Bar, in active practice in
the courts of the Philippines and in good and regular standing as such may, upon satisfactory proof of those facts
before the Supreme Court, be allowed to continue such practice after taking the following oath of office:

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 4. Requirements for applicants from other jurisdictions. Applicants for admission who, being Filipino
citizens, are enrolled attorneys in good standing in the Supreme Court of the United States or in any circuit court of
appeals or district court therein, or in the highest court of any State or Territory of the United States, and who can
show by satisfactory certificates that they have practiced at least five years in any of said courts, that such practice
began before July 4, 1946, and that they have never been suspended or disbarred, may, in the discretion of the
Court, be admitted without examination.

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.

Section 17. Admission and oath of successful applicants. An applicant who has passed the required examination,
or has been otherwise found to be entitled to admission to the bar, shall take and subscribe before the Supreme
Court the corresponding oath of office.

Section 18. Certificate. The supreme Court shall thereupon admit the applicant as a member of the bar for all the
courts of the Philippines, and shall direct an order to be entered to that effect upon its records, and that a certificate of
such record be given to him by the clerk of court, which certificate shall be his authority to practice.

Section 19. Attorney's roll. 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. Duties of attorneys. It is the duty of an attorney:

(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the
laws of the Philippines.

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses
only as he believes to be honestly debatable under the law.

(d) To employ, for the purpose of maintaining the causes confided to him, such means only as are
consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or
false statement of fact or law;

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client,
and to accept no compensation in connection with his client's business except from him or with his
knowledge and approval;

(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the cause with which he is charged;

(g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any
man's cause, from any corrupt motive or interest;

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;

(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no
person may be deprived of life or liberty, but by due process of law.

Section 21. Authority of attorney to appear. an attorney is presumed to be properly authorized to represent any cause in which he
appears, and no written power of attorney is required to authorize him to appear in court for his client, but the presiding judge may, on motion
of either party and on reasonable grounds therefor being shown, require any attorney who assumes the right to appear in a case to produce
or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him,
and may thereupon make such order as justice requires. An attorneys wilfully appear in court for a person without being employed, unless by
leave of the court, may be punished for contempt as an officer of the court who has misbehaved in his official transactions.

Section 22. Attorney who appears in lower court presumed to represent client on appeal. An attorney who appears de parte in a case
before a lower court shall be presumed to continue representing his client on appeal, unless he files a formal petition withdrawing his
appearance in the appellate court.

Section 23. Authority of attorneys to bind clients. Attorneys have authority to bind their clients in any case by any agreement in relation
thereto made in writing, and in taking appeals, and in all matters of ordinary judicial procedure. But they cannot, without special authority,
compromise their client's litigation, or receive anything in discharge of a client's claim but the full amount in cash.

Section 24. Compensation of attorneys; agreement as to fees. An attorney shall be entitled to have and recover from his client no more
than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the
services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as
to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract
for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable.

Section 25. Unlawful retention of client's funds; contempt. When an attorney unjustly retains in his hands money of his client after it has
been demanded, he may be punished for contempt as an officer of the Court who has misbehaved in his official transactions; but
proceedings under this section shall not be a bar to a criminal prosecution.

Section 26. Change of attorneys. An attorney may retire at any time from any action or special proceeding, by the written consent of his
client filed in court. He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on
notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. In case of substitution, the name of the
attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be
given to the advance party.

A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has been
reduced to writing and the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from the client the full
compensation stipulated in the contract. However, the attorney may, in the discretion of the court, intervene in the case to protect his rights.
For the payment of his compensation the attorney shall have a lien upon all judgments for the payment of money, and executions issued in
pursuance of such judgment, rendered in the case wherein his services had been retained by the client.

Section 27. Attorneys removed or suspended by Supreme Court on what grounds. A member of the bar may be removed or suspended
from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral
conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before
the admission to practice, or for a wilfull disobedience of any lawful order of a superior court, or for corruptly or willful appearing as an
attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or
through paid agents or brokers, constitutes malpractice.

Section 28. Suspension of attorney by the Court of Appeals or a Court of First Instance. The Court of Appeals or a Court of First Instance
may suspend an attorney from practice for any of the causes named in the last preceding section, and after such suspension such attorney
shall not practice his profession until further action of the Supreme Court in the premises.

Section 29. Upon suspension by the Court of Appeals or Court of First Instance, further proceedings in Supreme Court. Upon such
suspension, the Court of Appeals or the Court of First Instance shall forthwith transmit to the Supreme Court a certified copy of the order of
suspension and a full statement of the facts upon which the same was based. Upon the receipt of such certified copy and statement, the
Supreme Court shall make a full investigation of the facts involved and make such order revoking or extending the suspension, or removing
the attorney from his office as such, as the facts warrant.

Section 30. Attorney to be heard before removal or suspension. No attorney shall be removed or suspended from the practice of his
profession, until he has had full opportunity upon reasonable notice to answer the charges against him, to produce witnesses in his own
behalf, and to be heard by himself or counsel. But if upon reasonable notice he fails to appear and answer the accusation, the court may
proceed to determine the matter ex parte.

Section 31. Attorneys for destitute litigants. A court may assign an attorney to render professional aid free of charge to any party in a
case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and that the services of counsel are
necessary to secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney so assigned to render the
required service, unless he is excused therefrom by the court for sufficient cause shown.

Section 32. Compensation for attorneys de oficio. Subject to availability of funds as may be provided by the law the court may, in its
discretion, order an attorney employed as counsel de oficio to be compensates in such sum as the court may fix in accordance with section
24 of this rule. Whenever such compensation is allowed, it shall be not less than thirty pesos (P30) in any case, nor more than the following
amounts: (1) Fifty pesos (P50) in light felonies; (2) One hundred pesos (P100) in less grave felonies; (3) Two hundred pesos (P200) in grave
felonies other than capital offenses; (4) Five Hundred pesos (P500) in capital offenses.
 Section 33. Standing in court of person authorized to appear for Government. Any official or other person appointed or designated in
accordance with law to appear for the Government of the Philippines shall have all the rights of a duly authorized member of the bar to
appear in any case in which said government has an interest direct or indirect.

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.

Section 35. Certain attorneys not to practice. No judge or other official or employee of the superior courts or of the Office of the Solicitor
General, shall engage in private practice as a member of the bar or give professional advice to clients.

Section 36. Amicus Curiae. Experienced and impartial attorneys may be invited by the Court to appear as amici curiae to help in the
disposition of issues submitted to it.

Section 37. Attorneys' liens. An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come
into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the
satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the payment of money, and executions issued in
pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have the caused a
statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall
have the caused written notice thereof to be delivered to his client and to the adverse paty; and he shall have the same right and power over
such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements.

RULE 138-A

Law Student Practice Rule

Section 1. Conditions for student practice. A law student who has successfully completed his 3rd year of the
regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal education
program approved by the Supreme Court, may appear without compensation in any civil, criminal or administrative
case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the
law school.

Section 2. Appearance. The appearance of the law student authorized by this rule, shall be under the direct
supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any
and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney
for and in behalf of the legal clinic.

Section 3. Privileged communications. The Rules safeguarding privileged communications between attorney and
client shall apply to similar communications made to or received by the law student, acting for the legal clinic.

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).
 RULE 139-A

Integrated Bar of the Philippines

Section 1. Organization. There is hereby organized an official national body to be known as the "Integrated Bar of
the Philippines," composed of all persons whose names now appear or may hereafter be included in the Roll of
Attorneys of the Supreme Court.

Section 2. Purposes. The fundamental purposes of the Integrated Bar shall be to elevate the standards of the
legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more
effectively.

Section 3. Regions. The Philippines is hereby divided into nine Regions of the Integrated Bar, to wit:

(a) Northern Luzon, consisting of the provinces of Abra, Batanes, Benguet, Cagayan, Ifugao, Ilocos Norte,
Ilocos Sur, Isabela, Kalinga-Apayao, La Union, Mountain Province, Nueva Vizcaya, and Quirino.

(b) Central Luzon, consisting of the provinces of Bataan, Bulacan, Nueva Ecija, Pampanga, Pangasinan,
Tarlac, and Zambales;

(c) Greater Manila, consisting of the City of Manila and Quezon City;

(d) Southern Luzon, consisting of the provinces of Batangas, Cavite, Laguna, Marinduque, Occidental
Mindoro, Oriental Mindoro, Quezon, and Rizal;

(e) Bicolandia, consisting of the provinces of Albay, Camarines Norte, Camarines Sur, Catanduanes,
Masbate, and Sorsogon;

(f) Eastern Visayas, consisting of the provinces of Bohol, Cebu, Eastern Samar, Leyte, Northern Samar,
Samar, and Southern Leyte;

(g) Western Visayas, consisting of the provinces of Aklan, Antique, Capiz, Iloilo, Negros Occidental, Negros
Oriental, Palawan, Romblon, and Siquijor.

(h) Eastern Mindanao, consisting of the provinces of Agusan del Norte, Agusan Del Sur, Bukidnon,
Camiguin, Davao del Norte, Davao del Sur, Davao Oriental, Misamis Oriental, Surigao del Norte, and
Surigao del Sur; and

(i) Western Mindanao, consisting of the cities of Basilan and Zamboanga, and the provinces of Cotabato,
Lanao del Norte, Lanao del Sur, Misamis Occidental, South Cotabato, Sulu, Zamboanga del Norte, and
Zamboanga del Sur.

In the event of the creation of any new province, the Board of Governors shall, with the approval of the Supreme
Court, determine the Region to which the said province shall belong.

Section 4. Chapters. A Chapter of the Integrated Bar shall be organized in every province. Except as hereinbelow
provided, every city shall be considered part of the province within which it is geographically situated.

A separate Chapter shall be organized in each of the following political subdivisions or areas;

(a) The sub-province of Aurora;

(b) Each congressional district of the City of Manila;

(c) Quezon City;

 (d) Caloocan City, Malabon and Navotas;

(e) Pasay City, Makati, Mandaluyong and San Juan del Monte;

(f) Cebu City; and

(g) Zamboanga City and Basilan City.

Unless he otherwise registers his preference for a particular Chapter, a lawyer shall be considered a member of the
Chapter of the province, city, political subdivision or area where his office, or, in the absence thereof, his residence is
located. In no case shall any lawyer be a member of more than one Chapter.

Each Chapter shall have its own local government as provided for by uniform rules to be prescribed by the Board of
Governors and approved by the Supreme Court, the provisions of Section 19 of this Rule notwithstanding.

Chapters belonging to the same Region may hold regional conventions on matters and problems of common
concern.

Section 5. House of Delegates. The Integrated Bar shall have a House of Delegates of not more than one
hundred twenty members who shall be apportioned among all the Chapters as nearly as may be according to the
number of their respective members, but each Chapter shall have at least one Delegate. On or before December 31,
1974, and every four years thereafter, the Board of Governors shall make an apportionment of Delegates.

The term of the office of Delegate shall begin on the date of the opening of the annual convention of the House and
shall end on the day immediately preceding the date of the opening of the next succeeding annual convention. No
person may be a Delegate for more than two terms.

The House shall hold an annual convention at the call of the Board of Governors at any time during the month of April
of each year for the election of Governor, the reading and discussion of reports including the annual report of the
Board of Governors, the transaction of such other business as may be referred to it by the Board, and the
consideration of such additional matters as may be requested in writing by at least twenty Delegates. Special
conventions of the House may be called by the Board of Governors to consider only such matters as the Board shall
indicate. A majority of the Delegates who have registered for a convention, whether annual or special, shall constitute
a quorum to do business.

Section 6. Board of Governors. The Integrated Bar shall be governed by a Board of Governors. Nine Governors
shall be elected by the House of Delegates from the nine Regions on the representation basis of one Governor from
each Region. Each Governor shall be chosen from a list of nominees submitted by the Delegates from the Region,
provided that not more than one nominee shall come from any Chapter. The President and the Executive Vice
President, if chosen by the Governors from outside of themselves as provided in Section 7 of this Rule, shall ipso
facto become members of the Board.

The members of the Board shall hold office for a term of one year from the date of their election and until their
successors shall have been duly elected and qualified. No person may be a Governor for more than two terms.

The Board shall meet regularly once every three months, on such date and such time and place as it shall designate.
A majority of all the members of the Board shall constitute a quorum to do business. Special meetings may be called
by the President or by five members of the Board.

Subject to the approval of the Supreme Court, the Board shall adopt By-Laws and promulgate Canons of
Professional Responsibility for all members of the Integrated Bar. The By-Laws and the Canons may be amended by
the Supreme Court motu propio or upon the recommendation of the Board of Governors.

The Board shall prescribe such other rules and regulations as may be necessary and proper to carry out the
purposes of the Integrated Bar as well as the provisions of this Rule.
 Section 7. Officers. The Integrated Bar shall have a President and an Executive Vice President who shall be
chosen by the Governors immediately after the latter's election, either from among themselves or from other
members of the Integrated Bar, by the vote of at least five Governors. Each of the regional members of the Board
shall be ex officio Vice President for the Region which he represents.

The President and the Executive Vice President shall hold office for a term of one year from the date of their election
and until their successors shall have duly qualified. The Executive Vice President shall automatically become the
President for the next succeeding full term. The Presidency shall rotate from year to year among all the nine Regions
in such order or rotation as the Board of Governors shall prescribe. No person shall be President or Executive Vice
President of the Integrated Bar for more than one term.

The Integrated Bar shall have a Secretary, a Treasurer, and such other officers and employees as may be required
by the Board of Governors, to be appointed by the President with the consent of the Board, and to hold office at the
pleasure of the Board or for such terms as it may fix. Said officers and employees need not be members of the
Integrated Bar.

Section 8. Vacancies. In the event the President is absent or unable to act, his duties shall be performed by the
Executive Vice President; and in the event of the death, resignation, or removal of the President, the Executive Vice
President shall serve as Acting President during the remainder of the term of the office thus vacated. In the event of
the death, resignation, removal, or disability of both the President and the Executive Vice President, the Board of
Governors shall elect an Acting President to hold office until the next succeeding election or during the period of
disability.

The filling of vacancies in the House of Delegates, Board of Governors, and all other positions of Officers of the
Integrated Bar shall be as provided in the By-Laws. Whenever the term of an office or position is for a fixed period,
the person chosen to fill a vacancy therein shall serve only for the unexpired term.

Section 9. Membership dues. Every member of the Integrated Bar shall pay such annual dues as the Board of
Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of
the collection from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the
compulsory heirs of deceased members thereof.

Section 10. Effect of non-payment of dues. Subject to the provisions of Section 12 of this Rule, default in the
payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default in
such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of
Attorneys.

Section 11. Voluntary termination of membership; re-instatement. A member may terminate his membership by
filing a written notice to that effect with the Secretary of the Integrated Bar, who shall immediately bring the matter to
the attention of the Supreme Court. Forthwith he shall cease to be a member and his name shall be stricken by the
Court from the Roll of Attorneys. Reinstatement may be made by the Court in accordance with rules and regulations
prescribed by the Board of Governors and approved by the Court.

Section 12. Grievance procedures. The Board of Governors shall provide in the By-Laws for grievance
procedures for the enforcement and maintenance of discipline among all the members of the Integrated Bar, but no
action involving the suspension or disbarment of a member or the removal of his name from the Roll of Attorneys
shall be effective without the final approval of the Supreme Court.

Section 13. Non-political Bar. The Integrated Bar shall be strictly non-political, and every activity tending to impair
this basic feature is strictly prohibited and shall be penalized accordingly. No lawyer holding an elective, judicial,
quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be
eligible for election of appointment to any position in the Integrated Bar or any Chapter thereof shall be
considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective
public office or accepts appointment to any judicial, quasi-judicial, or prosecutory office in the Government or any
political subdivision or instrumentality thereof.

Section 14. Positions honorary. Except as may be specifically authorized or allowed by the Supreme Court, no
Delegate or Governor and no national or local Officer or committee member shall receive any compensation,
 allowance or emolument from the funds of the Integrated Bar for any service rendered therein or be entitled to
reimbursement for any expense incurred in the discharge of his functions.

Section 15. Fiscal matters. The Board of Governors shall administer the funds of the Integrated Bar and shall
have the power to make appropriations and disbursements therefrom. It shall cause proper Books of Accounts to be
kept and Financial Statements to be rendered and shall see to it that the proper audit is made of all accounts of the
Integrated Bar and all the Chapters thereof.

Section 16. Journal. The Board of Governors shall cause to be published a quarterly Journal of the Integrated Bar,
free copies of which shall be distributed to every member of the Integrated Bar.

Section 17. Voluntary Bar associations. All voluntary Bar associations now existing or which may hereafter be
formed may co-exist with the Integrated Bar but shall not operate at cross-purposes therewith.

Section 18. Amendments. This Rule may be amended by the Supreme Court motu propio or upon the
recommendation of the Board of Governors or any Chapter of the Integrated Bar.

Section 19. Organizational period. The Commission on Bar Integration shall organize the local Chapters and
toward this end shall secure the assistance of the Department of Justice and of all Judges throughout the Philippines.
All Chapter organizational meetings shall be held on Saturday, February 17, 1973. In every case, the Commission
shall cause proper notice of the date, time and place of the meeting called to organize a Chapter shall constitute a
quorum for the purpose, including the election of a President, a Vice President, a Secretary, a Treasurer, and five
Directors.

The Commission shall initially fix the number of Delegates and apportion the same among all the Chapters as nearly
as may be in proportion to the number of their respective members, but each Chapter shall have at least one
Delegate. The President of each Chapter shall concurrently be its Delegate to the House of Delegates. The Vice
President shall be his alternate, except where the Chapter is entitled to have more than one Delegate, in which case
the Vice President shall also be a Delegate.

The Board of Directors of the Chapter shall in proper cases elect additional as well as alternate Delegates.

The House of Delegates shall convene in the City of Manila on Saturday, March 17, 1973 for the Purpose of electing
a Board of Governors. The Governors shall immediately assume office and forthwith meet to elect the Officers of the
Integrated Bar. The Officers so chosen shall immediately assume their respective positions.

Section 20. Effectivity. This Rule shall take effect on January 16, 1973.