THE LEGAL PROFESSION IN THE PHILIPPINES

1. ADMISSION TO THE LAW PRACTICE

An admission to practice law is acquired when a lawyer receives a license to practice law. In
jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must
gain admission to the bar whereas for solicitors there are distinct practising certificates.

2. LEGAL EDUCATION REFORM ACT (R.A. 7662)

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.

Approved: 23 December 1993.

3. LEGAL EDUCATION OF THE FILIPINO LAWYER

Legal education in the Philippines is developed and offered by Philippine law schools,
supervised by the Legal Education Board, that has replaced the Commission on Higher Education in
respect to legal education. The Supreme Court regulates admission to the Bar and administers the
Bar Examinations. Furthermore, the minimum curricular requirements for membership in the
Philippine Bar are set forth in the Rules of Court promulgated by the Supreme Court.

Law degree programs are considered professional/post-baccalaureate programs in the Philippines.

As such, admission to law schools requires the completion of a bachelor's degree, with a sufficient
number of credits or units in certain subject areas.

Graduation from a Philippine law school constitutes the primary eligibility requirement in order to
take the Philippine Bar Examination, the national licensure examination as precursor to admission
to the practice of law in the country. The bar examination is administered by the Supreme Court
during the months of September, or October, or November every year.

Members of the bar in the Philippines are required to take mandatory continuing legal education in
order to continue practicing their profession.

Legal education in the Philippines normally proceeds along the following route:

Undergraduate education (usually 4 years)

Law school (usually 4 years)

Admission to the bar (usually by taking a Philippine bar exam)

Legal practice and mandatory continuing legal education

 4. PHILIPPINE ASSOCIATION OF LAW SCHOOLS

There are one-hundred-five (105) law schools[30][31] legitimately operating throughout

the Philippines. These include independent law schools, resident colleges, and affiliated units of
much larger private and public universities:[32]

5. THE PHILIPPINE BAR EXAMINATIONS

The Philippine Bar Examination is the professional licensure examination for lawyers in
the Philippines. It is the only professional licensure exam in the country that is not supervised by
the Professional Regulation Commission. The exam is exclusively administered by the Supreme
Court of the Philippines through the Supreme Court Bar Examination Committee.

BRIEF HISTORY:

The first Philippine Bar Exams was conducted in 1901 with only thirteen (13) examinees.
The third Philippine Bar Exam took place in 1903 but the results were released in 1905. Jose I.
Quintos obtained the highest rating of 96.33%, Sergio Osmena, Sr. was second with 95.66%, F. Salas
was third with 94.5% and Manuel L.Quezon fourth with 87.83%. The first bar exam in 1901 has
only 13 examinees, while the 2008 bar examination is the 107th (given per Article 8, Section
5, 1987 Constitution). The 2001 bar exam had the highest number of passers1,266 out of 3,849
examinees, or 32.89%, while 2006 had the highest examinees -.6,187. However, the Supreme Court
of the Philippines' Office of the Bar Confidant announced that (a new and official record of) 6,533
law graduates will take the 2008 Bar examinations.[2] No examination took place in 1942 and 1943
due to the outbreak of World War II.

The most notable was the 1999 bar examinations which recorded the lowest passing rate of 16.59%
or with a total number of 660 successful examinees. Also, the 2003 bar exam was marred by
controversy when the Court ordered a retake of the Mercantile law due to questionnaire leakage.
[3]
In 2005, the High Tribunal implemented the "five-strike" rule, which disqualifies five-time
flunkers from taking future bar exams.

Bar examinations are conducted annually by a Committee of Bar Examiners appointed by the
Supreme Court. This committee, which holds office for one year, is composed of a justice of the
Supreme Court, who acts as chairperson and eight members of the Bar.10 In order for a candidate to
be deemed to have passed his examination successfully, he must obtain a general average of 75% in
all subjects without falling below 50% in any one subject.11 Candidates who fail the examination
three times are disqualified from taking a fourth or fifth examination unless they show, to the
satisfaction of the Court, that they have successfully completed one year refresher course for each
examination. However, for those who have already failed in five or more bar examinations, they shall
be allowed only one more bar examination after completing a one year refresher course.12 Every
applicant for admission as a member of the Bar must be a citizen of the Philippines, at least 21 years
of age, of good moral character and a resident of the Philippines. He 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 against him in any court in the
Philippines.1.

6. DUTIES AND PRIVILEGES OF A LAWYER

PREAMBLE: A LAWYER'S RESPONSIBILITIES

(NOTE: Key sentences that tend to nullify and render the rules meaningless are highlighted
in red.)

A lawyer is a representative of clients, an officer of the legal system, and a public citizen
having special responsibility for the quality of justice.

As a representative of clients, a lawyer performs various functions. As an adviser, a lawyer

provides a client with an informed understanding of the client's legal rights and obligations and
explains their practical implications. As an advocate, a lawyer zealously asserts the client's
position under the rules of the adversary system. As a negotiator, a lawyer seeks a result
advantageous to the client but consistent with requirements of honest dealing with others. As
an intermediary between clients, a lawyer seeks to reconcile their interests as an adviser and, to
a limited extent, as a spokesperson for each client. A lawyer acts as an evaluator by examining a
client's legal affairs and reporting about them to the client or to others.

In all professional functions a lawyer should be competent, prompt, and diligent. A lawyer
should maintain communication with a client concerning the representation. A lawyer should
keep in confidence information relating to representation of a client except so far as disclosure
is required or permitted by the Rules of Professional Conduct or by law.

A lawyer's conduct should conform to the requirements of the law, both in professional service
to clients and in the lawyer's business and personal affairs. A lawyer should use the law's
procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should
demonstrate respect for the legal system and for those who serve it, including judges, other
lawyers, and public officials. While it is a lawyer's duty, when necessary, to challenge the
rectitude of official action, it is also a lawyer's duty to uphold legal process.

As a public citizen, a lawyer should seek improvement of the law, the administration of justice,
and the quality of service rendered by the legal profession. As a member of a learned profession,
a lawyer should cultivate knowledge of the law beyond its use for clients, employ that
knowledge in reform of the law, and work to strengthen legal education. A lawyer should be
mindful of deficiencies in the administration of justice and of the fact that the poor, and
sometimes persons who are not poor, cannot afford adequate legal assistance, and should
therefore devote professional time and civic influence in their behalf. A lawyer should aid the
legal profession in pursuing these objectives and should help the bar regulate itself in the public
interest.

Many of the lawyer's professional responsibilities are prescribed in the Rules of Professional
Conduct and in substantive and procedural law. A lawyer is also guided by personal conscience
and the approbation of professional peers. A lawyer should strive to attain the highest level of
skill, to improve the law and the legal profession, and to exemplify the legal profession's ideals
of public service.

A lawyer's responsibilities as a representative of clients, an officer of the legal system, and a

public citizen are usually harmonious. Zealous advocacy is not inconsistent with justice.
Moreover, unless violations of law or injury to another or another's property is involved,
preserving client confidences ordinarily serves the public interest because people are more
likely to seek legal advice, and thereby heed their legal obligations, when they know their
communications will be private.

In the practice of law conflicting responsibilities are often encountered. Difficult ethical
problems may arise from a conflict between a lawyer's responsibility to a client and the lawyer's
own sense of personal honor, including obligations to society and the legal profession. The Rules
of Professional Conduct prescribe terms for resolving such conflicts. Within the framework of
these rules many difficult issues of professional discretion can arise. Such issues must be
resolved through the exercise of sensitive professional and moral judgment guided by the basic
principles underlying the rules.

Lawyers are officers of the court and they are responsible to the judiciary for the propriety of
their professional activities. Within that context, the legal profession has been granted powers
of self-government. Self-regulation helps maintain the legal profession's independence from
undue government domination. An independent legal profession is an important force in
preserving government under law, for abuse of legal authority is more readily challenged by a
profession whose members are not dependent on the executive and legislative branches of
government for the right to practice. Supervision by an independent judiciary, and conformity
with the rules the judiciary adopts for the profession, assures both independence and
responsibility.

Thus, every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer
should also aid in securing their observance by other lawyers. Neglect of these responsibilities
compromises the independence of the profession and the public interest that it serves.

Scope:

The Rules of Professional Conduct are rules of reason. They should be interpreted with
reference to the purposes of legal representation and of the law itself. Some of the rules are
imperatives, cast in the terms of "shall" or "shall not." These define proper conduct for purposes
of professional discipline. Others, generally cast in the term "may," are permissive and define
areas under the rules in which the lawyer has professional discretion. No disciplinary action
should be taken when the lawyer chooses not to act or acts within the bounds of such
discretion. Other rules define the nature of relationships between the lawyer and others. The
rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that
they define a lawyer's professional role.

The comment accompanying each rule explains and illustrates the meaning and purpose of the
rule. The comments are intended only as guides to interpretation, whereas the text of each rule
is authoritative. Thus, comments, even when they use the term "should," do not add obligations
to the rules but merely provide guidance for practicing in compliance with the rules.

The rules presuppose a larger legal context shaping the lawyer's role. That context includes
court rules and statutes relating to matters of licensure, laws defining specific obligations of
lawyers, and substantive and procedural law in general. Compliance with the rules, as with all
law in an open society, depends primarily upon understanding and voluntary compliance,
secondarily upon reinforcement by peer and public opinion, and finally, when necessary, upon
enforcement through disciplinary proceedings. The rules do not, however, exhaust the moral
and ethical considerations that should inform a lawyer, for no worthwhile human activity can be
completely defined by legal rules. The rules simply provide a framework for the ethical practice
of law.

Furthermore, for purposes of determining the lawyer's authority and responsibility, principles
of substantive law external to these rules determine whether a client-lawyer relationship exists.
Most of the duties flowing from the client-lawyer relationship attach only after the client has
requested the lawyer to render legal services and the lawyer has agreed to do so. But there are
some duties, such as that of confidentiality under rule 4-1.6, which may attach when the lawyer
agrees to consider whether a client-lawyer relationship shall be established. Whether a client-
lawyer relationship exists for any specific purpose can depend on the circumstances and may be
a question of fact.

Failure to comply with an obligation or prohibition imposed by a rule is a basis for invoking the
disciplinary process. The rules presuppose that disciplinary assessment of a lawyer's conduct
will be made on the basis of the facts and circumstances as they existed at the time of the
conduct in question in recognition of the fact that a lawyer often has to act upon uncertain or
incomplete evidence of the situation. Moreover, the rules presuppose that whether discipline
should be imposed for a violation, and the severity of a sanction, depend on all the
circumstances, such as the willfulness and seriousness of the violation, extenuating factors, and
whether there have been previous violations.

Violation of a rule should not give rise to a cause of action nor should it create any presumption
that a legal duty has been breached. The rules are designed to provide guidance to lawyers and
to provide a structure for regulating conduct through disciplinary agencies. They are not
designed to be a basis for civil liability. Furthermore, the purpose of the rules can be subverted
when they are invoked by opposing parties as procedural weapons. The fact that a rule is a just
basis for a lawyer's self-assessment, or for sanctioning a lawyer under the administration of a
disciplinary authority, does not imply that an antagonist in a collateral proceeding or
transaction has standing to seek enforcement of the rule. Accordingly, nothing in the rules
should be deemed to augment any substantive legal duty of lawyers or the extra-disciplinary
consequences of violating such duty.
Moreover, these rules are not intended to govern or affect judicial application of either the
attorney-client or work product privilege. Those privileges were developed to promote
compliance with law and fairness in litigation. In reliance on the attorney-client privilege,
clients are ordinarily entitled to expect that communications within the scope of the privilege
will be protected against compelled disclosure. The attorney-client privilege is that of the client
and not of the lawyer. In exceptional situations, the rules might allow or require the lawyer to
disclose a client confidence. This, however, does not vitiate the proposition that, as a general
matter, the client has a reasonable expectation that information relating to the client will not be
voluntarily disclosed and that disclosure of such information may be compelled only in
accordance with recognized exceptions to the attorney-client and work product privileges.

The lawyer's exercise of discretion not to disclose information under rule 4-1.6 should not be
subject to reexamination. Permitting such reexamination would be incompatible with the
general policy of promoting compliance with law through assurances that communications will
be protected against disclosure.

Terminology:

"Belief" or "believes" denotes that the person involved actually supposed the fact in question to
be true. A person's belief may be inferred from circumstances.

"Consult" or "consultation" denotes communication of information reasonably sufficient to

permit the client to appreciate the significance of the matter in question.

"Firm" or "law firm" denotes a lawyer or lawyers in a private firm, lawyers employed in the legal
department of a corporation or other organization, and lawyers employed in a legal services
organization. See comment, rule 4-1.10.

"Fraud" or "fraudulent" denotes conduct having a purpose to deceive and not merely negligent
misrepresentation or failure to apprise another of relevant information.

"Knowingly," "known," or "knows" denotes actual knowledge of the fact in question. A person's
knowledge may be inferred from circumstances.

"Lawyer" denotes a person who is a member of The Florida Bar or otherwise authorized to
practice in any court of the State of Florida.

"Partner" denotes a member of a partnership and a shareholder in a law firm organized as a

professional corporation.

"Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes the conduct
of a reasonably prudent and competent lawyer.

"Reasonable belief" or "reasonably believes" when used in reference to a lawyer denotes that
the lawyer believes the matter in question and that the circumstances are such that the belief is
reasonable.

"Reasonably should know" when used in reference to a lawyer denotes that a lawyer of
reasonable prudence and competence would ascertain the matter in question.
 "Substantial" when used in reference to degree or extent denotes a material matter of clear
and weighty importance.

7. REQUIREMENTS, QUALIFICATIONS AND BASIC SKILLS IN THE LAW PRACTICE

Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions
are requirements of age and competence; some jurisdictions also require documentation of
citizenship or immigration status. However, the most varied requirements are those
surrounding the preparation for the license, whether it includes obtaining a law degree, passing
an exam, orserving in an apprenticeship. In English, admission is also[1] called a law license.
Basic requirements vary from country to country, as described below.

In some jurisdictions, after admission the lawyer needs to maintain a current practising
certificate to be permitted to offer services to the public.

To practice law in the Philippines, one must have fulfilled the non-academic and academic
requirements. For non-academic requirements, one must be a Filipino, be at least 21 years old,
be a resident of the Philippines, and have the moral and other non-academic qualifications
needed.[23] In terms of academic requirements, one must have obtained an undergraduate
.degree (with major, focus or concentration in any of the subjects of History, Economics, Political
Science, Logic, English or Spanish), has obtained a Bachelor of Laws degree (or equivalent such
as Juris Doctor) from a law school recognized by the Secretary of Education.[23] They must have
also taken and passed (75% general average, with no subject falling below 50%) the Bar Exam,
taken the Attorney's Oath before the Supreme Court, signed the Roll of Attorneys, remain in
good standing with the Integrated Bar of the Philippines, and continually participates in
the Mandatory Continuing Legal Education

8. MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

MANDATORY CONTINUING LEGAL EDUCATION (MCLE) In order to ensure that members of

the Philippine Bar keep abreast with law, maintain the ethics of the profession and enhance
the standards of the practice of law, the Supreme Court promulgated Bar Matter 850 on 15
September 2000 requiring mandatory continuing legal education (MCLE). Lawyers have to
complete at least thirty-six (36) hours ever three (3) years consisting of the following
subjects: legal ethics (6 units); trial and pre-trial skills (4 units); alternative dispute
resolution (5 units); updates on substantial and procedural laws (9 units); legal writing and
oral advocacy (4 units); international law and conventions (2 units); and six (6) units to
MCLE Prescribed Subjects such as Technology and the Law, Law and Economics,
Environmental Law, International Legal Processes, Transnational Business Transactions,
 Law as a Means of Social Control, Gender Sensitivity in the Court System and Law Reforms
in Specific Areas of Law.19 Credit units are also given for participation as being a lecturer,
resource speaker, panelist, reactor, commentator, moderator, coordinator, and facilitator in
activities approved by the MCLE Governing Board.20 Now administered by the MCLE
Governing Board, the MCLE program completed its third year of implementation from 15
April 2001 to 31 December 2004. the Board has accredited a total number of 92 providers
which presented a total of 1,383 programs mostly in Metro Manila and major cities in the
Philippines.

9. THE INTEGRATED BAR OF THE PHILIPPINES (IBP)

Bar examinations are conducted annually by a Committee of Bar Examiners

appointed by the Supreme Court. This committee, which holds office for one year, is
composed of a justice of the Supreme Court, who acts as chairperson and eight members of
the Bar.10 In order for a candidate to be deemed to have passed his examination
successfully, he must obtain a general average of 75% in all subjects without falling below
50% in any one subject.11 Candidates who fail the examination three times are disqualified
from taking a fourth or fifth examination unless they show, to the satisfaction of the Court,
that they have successfully completed one year refresher course for each examination.
However, for those who have already failed in five or more bar examinations, they shall be
allowed only one more bar examination after completing a one year refresher course.12
Every applicant for admission as a member of the Bar must be a citizen of the Philippines, at
least 21 years of age, of good moral character and a resident of the Philippines. He 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 against him
in any court in the Philippines.

10. DISCIPLINARY PROCEEDINGS

An administrative proceeding considering the suspension or expulsion from a profession of
a licensed individual, as the result of a crime for which he or she was convicted, or of a
disciplinary infraction such as a breach of a code of ethics.
 DISBARMENT & DISCIPLINE OF ATTORNEYS
Rule 139-B

Section 1. How instituted. - Proceedings for disbarment, suspension or discipline of

attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the
Philippines (IBP) upon the verified complaint of any person. The complaint shall state
clearly and concisely the facts complained of and shall be supported by affidavits of persons
having personal knowledge of the facts therein alleged and/or by such documents as may
substantiate said facts. chanrobles virtua law library
.

The IBP Board of Governors may, motu proprio or upon referral by the
Supreme Court or by a Chapter Board of Officers, or at the instance of any person,
initiate and prosecute proper charges against erring attorneys including those in
the government service; Provided, however, that all charges against Justices of the
Court of Tax Appeals and the Sandiganbayan, and Judges of the Court of Tax
Appeals and lower courts, even if lawyers are jointly charged with them, shall be
filed with the Supreme Court; Provided, further, that charges filed against Justices
and Judges before the IBP, including those filed prior to their appointment in the
Judiciary, shall immediately be forwarded to the Supreme Court for disposition and
adjudication.
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or
the Secretary of any of its chapters who shall forthwith transmit the same to
the IBP Board of Governors for assignment to an investigator. (As amended by Bar
Matter No. 1960).

A. PROCEEDINGS IN THE
INTEGRATED BAR OF THE PHILIPPINES

Sec. 2. National Grievance Investigator. - The Board of Governors shall appoint from among
IBP members an Investigator or, when special circumstances so warrant, a panel of three(3)
investigators to investigate the complaint All Investigators shall take an oath of office in the
form prescribed by the Board of Governors. A copy of the Investigator's appointment and
oath shall be transmitted to the Supreme Court.
An Investigator may be disqualified by reason of relationship within the fourth
degree of consanguinity or affinity to any of the parties or their counsel, pecuniary
interest, personal bias, or his having acted as counsel for either party, unless the
parties sign and enter upon the record their written consent to his acting as such
Investigator. Where the Investigator does not disqualify himself, a party may appeal
to the IBP Board of Governors, which by majority vote of the members present, there
being a quorum, may order his disqualification.
 Any Investigator may also be removed for cause, after due hearing, by the vote of at
least six (6) members of the IBP Board Governors. The decision of the Board of
Governors in all cases of disqualification or removal shall be final.
Sec. 3. Duties of the National Grievance Investigator. - The National Grievance Investigators
shall investigate all complaint against members of the Integrated Bar referred to them by the
IBP Board of Governors.
Sec. 4. Chapter assistance to complainant. - The proper IBP Chapter may assist the
complainant(s) in the preparation and filing of his complaint(s). chanrobles virtua law
library

Sec. 5. Service or dismissal. - If the complaint appears to be meritorious, the Investigator shall
direct that a copy thereof be served upon the respondent, requiring him to answer the same
within fifteen (15) days from the date of service. If the complaint does not merit action, or if
the answer shows to the satisfaction of the Investigator that the complaint is not meritorious,
the same may be dismissed by the Board of Governors upon his recommendation. A copy of
the resolution of dismissal shall be furnished the complainant and the Supreme Court which
may review the case motu proprio or upon timely appeal of the complainant filed within 15
days from notice of the dismissal of the complainant.

No investigation shall be interrupted or terminated by reason of the desistance, settlement,

compromise, restitution, withdrawal of the charges, or failure of the complainant to
prosecute the same.

Sec. 6. Verification and service of answer. - The answer shall be verified. The original and five
(5) legible copies of the answer shall be filed with the Investigator, with proof of service of a
copy thereof on the complainant or his counsel.
Sec. 7. Administrative counsel. - The IBP Board of Governors shall appoint a suitable member
of the Integrated Bar as counsel to assist the complainant or the respondent during the
investigation in case of need for such assistance.
Sec. 8. Investigation. - Upon joinder of issues or upon failure of the respondent to answer, the
Investigator shall, with deliberate speed, proceed with the investigation of the case. He shall
have the power to issue subpoenas and administer oaths. The respondent shall be given full
opportunity to defend himself, to present witnesses on his behalf and be heard by himself
and counsel. However, if upon reasonable notice, the respondent fails to appear, the
investigation shall proceed ex parte.

The Investigator shall terminate the investigation within three (3) months from the date of
its commencement unless extended for good cause by the Board of Governors upon prior
application.

Willfull failure or refusal to obey a subpoena or any other lawful order issued by the
Investigator shall be dealt with as for indirect contempt of court. The corresponding charge
shall be filed by the Investigator before the IBP Board of Governors which shall require the
alleged contemnor to show cause within ten (10) days from notice. The IBP Board of
Governors may thereafter conduct hearings, if necessary, in accordance with the procedure
set forth in this Rule for hearings before the Investigator. Such hearing shall, as far as
practicable, be terminated within fifteen (15) days from its commencement. Thereafter, the
IBP Board of Governors shall within like period fifteen (15) days issue a resolution setting
forth its findings and recommendations, which `shall forthwith be transmitted to the
Supreme Court for final action and if warranted, the imposition of penalty.

Sec. 9. Depositions. - Depositions may be taken in accordance with the Rules of Court with
leave of the investigator(s). chanrobles virtua law library

Within the Philippines, depositions may be taken before any member of the Board of
Governors, the President of any Chapter, or any officer authorized by law to administer
oaths.

Depositions may be taken outside the Philippines before a diplomatic or consular

representative of the Philippine Government or before any person agreed upon by the
parties or designated by the Board of Governors.

Any suitable members of the Integrated Bar in the place where a deposition shall be taken
may be designated by the Investigator to assist the complainant or the respondent in taking a
deposition.

Sec. 10. Report of Investigator. - Not later than thirty (30) days from the termination of the
investigation, the Investigator shall submit a report containing his findings of fact and
recommendations to the IBP Board of Governors, together with the stenographic notes and
the transcripts thereof and all the evidence presented during the investigation. The
submission of the report need not await the transcription of the stenographic notes, it being
sufficient that the report reproduce substantially from the Investigator's personal notes any
relevant and pertinent testimonies.

Sec. 11. Defects. - No defect in a complaint, notice, answer, or in the proceeding or the
Investigator's Report shall be considered as substantial unless the Board of Governors, upon
considering the whole record, finds that such defect has resulted or may result in a
miscarriage of justice, in which event the Board shall take such remedial action as the
circumstance may warrant, including invalidation of the entire proceedings. chanrobles
virtua law library
Sec. 12. View and decision by the Board of Governors. -
(a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon
the record and evidence transmitted to it by the Investigator with his report. The decision of
the Board upon such review shall be in writing and shall clearly and distinctly state the facts
and the reasons on which it is based. It shall be promulgated within a period not exceeding
thirty (30) days from the next meeting of the Board following the submittal of the
Investigator's Report

(b) If the Board, by the vote of a majority of its total membership, determines that the
respondent should be suspended from the practice of law or disbarred, it shall issue a
resolution setting forth its findings and recommendations which, together with the whole
record of the case, shall forthwith be transmitted to the Supreme Court for final action.
(c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is
less than suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a
decision exonerating respondent or imposing such sanction. The case shall be deemed
terminated unless upon petition of the complainant or other interested party filed with the
Supreme Court within fifteen (15) days from notice of the Boards resolution, the Supreme
Court orders otherwise.

(d) Notice of the resolution or decision of the Board shall be given to all parties through their
counsel. A copy of the same shall be transmitted to the Supreme Court.

B. PROCEEDINGS IN THE SUPREME COURT

Sec. 13. Supreme Court Investigators. - In proceedings initiated motu proprio by the Supreme
Court in other proceedings when the interest of justice so requires, the Supreme Court may
refer the case for investigation to the Solicitor General or to any officer of the Supreme Court
or judge of a lower court, in which case, the investigation shall proceed in the same manner
provided in Sections 6 to 11 hereof, save that the review report of the investigation shall be
conducted directly by the Supreme Court.chanrobles virtualawlibrary
Sec. 14. Report of the Solicitor General or other Court designated investigator. - Based upon
the evidence adduced at the investigation, the Solicitor General or other Investigator
designated by the Supreme Court shall submit to the Supreme Court a resolution containing
his findings of fact and recommendations together the record and all the evidence presented
in the investigation for the final action of the Supreme Court.
C. COMMON PROVISIONS

Sec. 15. Suspension of attorneys by Supreme Court. - After receipt of respondent's answer or
lapse of the period therefor, the Supreme Court, motu proprio, or at the instance of the IBP
Board of Governors upon the recommendation of the Investigator, may suspend an attorney
from the practice of his profession for any of the causes specified in Rule 138, Section 27,
during the pendency of the investigation until such suspension is lifted by the Supreme
Court. chanrobles virtua law library
Sec. 16. Suspension of attorney by the Court of Appeals or Regional Trial Court. - The Court of
Appeals or Regional Trial Court may suspend an attorney from practice for any of the causes
named in Rule 138, Section 27, until further action of the Supreme Court in the case.
Sec. 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in
Supreme Court. - Upon such suspension, the Court of Appeals or a Regional Trial Court 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 receipt of such certified copy
and statement, the Supreme Court shall make a full investigation of the case and may revoke,
shorten or extend the suspension, or disbar the attorney as the facts may warrant.
Sec. 18. Confidentiality. - Proceedings against attorneys shall be private and confidential.
However, the final order of the Supreme Court shall be published like its decisions in other
cases.
Sec. 19. Expenses. - All reasonable and necessary expenses incurred in relation to
disciplinary and disbarment proceedings are lawful charges forthwith the parties may be
taxed as costs. chanrobles virtua law library

Sec. 20. Effectivity and Transitory Provision. - This Rule shall take effect on June 1, 1988 and
shall supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF
ATTORNEYS". All cases pending investigation by the Office of the Solicitor General shall be
transferred to the Integrated Bar of the Philippines Board of Governors for investigation and
disposition as provided in this Rule except those cases where the investigation has been
substantially completed. (Bar Matter No. 356, Resolution dated April 13, 1988).