I.

Concept of Legal Ethics / Sources of Legal Ethics

Legal Ethics – branch of moral science that treats of the duties, which an
attorney owes to the court, to his client, to his colleagues in the profession and
to the public

Importance: to preserve and maintain the highest moral and ethical standards
in the law profession since the relationship between the lawyer and his client is
fiduciary in nature

Sources:
 Constitution
 Rules of Court
 Statutes
 Jurisprudence
 Canons of Professional Ethics
 Code of Professional Responsibility
 Treatises and
 Other sources

II. Admission to the Bar

A. Who May Practice Law – § 1, Rule 138, ROC

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.

B. Requirements for Admission of the Bar – CAREMBOA

1. Citizen of the Philippines;
Ratio: to ensure allegiance to the Republic of the Philippines, to support
the Constitution and to obey its laws
2. Age: at least 21 years of age
Ratio: maturity and discretion are required in the practice of law
3. Resident of the Philippines
Ratio: His duties will require that he be readily accessible and available.
4. Educational Background
 Completed a four-year high school course
 Completed a Bachelor’s Degree
 Completed a Bachelor of Laws degree or its equivalent in a
foreign law school must present proof of having completed a
separate bachelor's degree course. [Sec. 6, Rule 138, RoC; Re:
Letter of Atty. Mendoza, B.M. 1153 (2010)]
 No applicant who obtained the Bachelor of Laws degree in this
jurisdiction shall be admitted to the bar examination unless he or
she has satisfactorily completed the following course in a law
school or university duly recognized by the government:
 1. Civil Law;
2. Commercial Law;
3. Remedial Law;
4. Criminal Law;
5. Public International Law;
6. Private International Law;
7. Political Law;
8. Labor and Social Legislation;
9. Medical Jurisprudence;
10. Taxation;
11. Legal Ethics

5. Possessed of Good Moral Character

 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 (§ 2, Rule 138)
 Good moral character is what a person really is, as distinguished
from good reputation, the estimate in which he is held by the
public in the place where he is known [In the Matter of the
Disqualification of Bar Examinee Haron S. Meling In The 2002
Bar Examinations and For Disciplinary Action As Member of The
Philippine Shari’a Bar, B.M. 1154 (2004)].
 Membership in the legal profession is a privilege demanding a
high degree of good moral character, not only as a condition
precedent to admission, but also as a continuing requirement for
the practice of law. (Wilkie v. Limos, A. C. No. 7505, 2008)

6. Bar Examinations
A. When to file permit - § 7, Rule 138, ROC
At least 15 days before the beginning of the examination
B. Conduct of examinations
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 examines 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 [Sec. 10, Rule 138, RoC].
 C. Subjects

Subject Time Weight

Political and International Law 1st Day – AM 15%
Labor and Social Legislation 1st Day – PM 10%
Civil Law 2nd Day – AM 15%
Taxation 2nd Day – PM 10%
Mercantile Law 3rd Day – AM 15%
Criminal Law 3rd Day – PM 10%
Remedial Law 4th Day – AM 20%
Legal Ethics and Practical Exercises 4th Day – PM 5%

D. Passing average - §14, Rule 138, ROC

A candidate is deemed to have passed his examinations
successfully if he obtained a general average of 75 percent in all subjects,
without falling below 50 percent in any subject.
E. Committee Of Examiners - Sec. 12, Rule 138, RoC]. Pursuant
to Bar Matter No. 1161 (2009)
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 as chairman, 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 [Sec. 12, Rule 138, RoC].
Pursuant to Bar Matter No. 1161 (2009), two examiners are designated
per bar subject. The Bar Confidant acts as a sort of liaison officer
between the court and the Bar Chairman on the other hand, and the
individual members of the committee on the other. He is at the same
time a deputy clerk of court.
F. Results - Sec. 15, Rule 138, RoC
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.
G. Flunkers
Candidates who have failed the bar examinations for three times
shall be disqualified from taking another examination unless they show
to 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.
 7. Oath
8. Attorney’s Roll

Second Requirement:
Upon admission as member of the Bar, lawyers must remain member in good and
regular standing:
1. Must be a member of the Integrated Bar of the Philippines (IBP);
2. Must regularly pay all IBP membership dues and other lawful assessment;
3. Must observe faithfully the rules and ethics of the profession;
4. Should be subject to judicial disciplinary control