Qualification for Admission

Requirements for eligibility to take the bar examinations: (Rule 138, Secs. 2, 5 & 6)1. Citizen of the Philippines

2. At least 21 years old (found in Rule 138)3. Resident of the Philippines

4. Good moral character

5. No charge involving moral turpitude has been filed or pending in any court in the Philippines

6. Studied law for 4 years and has successfully completed all prescribed courses in a law school officially approved and recognizes by the Secretary of Education

7. Before he began to study law, he had satisfactorily completed in an authorized 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. Filipino citizenship is required to maintain allegiance to the country, support its constitution and obey its laws.

Of age (at least 21) is required to assure maturity and discretion.

Residency in the country is required to assure that he is readily accessible and available

Good moral character is a vital part of the administration of justice

Art. XII Section 14 (2). xxx

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.

GENERAL RULE: Loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines

EXCEPTION: When a Filipino lawyer becomes a citizen of another country and reacquires Filipino citizenship in accordance with RA 9225.

The second requisite for the practice of law, membership in good standing, is a continuing requirement. Thus, in order for petitioner to resume practice of law, he must comply with the following conditions:

Payment of annual membership dues in the IBP

Payment of annual professional tax

Compliance with the mandatory continuing legal education requirement

Completion of at least 36 credit hours of mandatory continuing legal education

Retaking of the lawyers oath

Required completion of these courses in a law school to be admitted for bar examinations: (Rule 138, Sec. 5)a.) civil law

b.) commercial law

c.) criminal law

d.) remedial law

e.) public and private international law

f.) political law

g.) labor and social legislation

h.) medical jurisprudence

i.) taxation

j.) legal ethics.

Bar exam schedule: (Rule 138, Sec. 11)

First day: Political and International Law (15%) (morning) & Labor and Social Legislation (10%) (afternoon);

Second day: Civil Law (15%) (morning) & Taxation (10%) (afternoon);

Third day: Mercantile Law (15%) (morning) & Criminal Law (10%) (afternoon);

Fourth day: Remedial Law (20%) (morning) & Legal Ethics and Practical Exercises (5%) (afternoon).

Passing average (Rule 138, Sec. 14) In order that a candidate may be deemed to have passed his examinations successfully, he must have obtained a general average of 75% in all subjects, without falling below 50% in any subject.

Committee of examiners (Rule 138, Sec.12)

(appointed by the Supreme Court)

SC Justice (Chairman) serve for 1 year

8 members of the bar serve for 1 year

Appearance by counsel (Rule 138, Sec. 34) In MTC, a party may conduct his litigation in person or with the aid of an agent or friend appointed by him for that purpose or with the aid of an attorney.

In RTC and Appellate Courts, a party in a civil suit may either conduct his litigation personally or by attorney unless the party is a juridical person, in which case it may appear only by attorney

In administrative proceedings, the right to counsel is not indispensable to due process.

The rule that appearance by counsel is not obligatory applies only in civil and administrative cases. The rule does not apply in criminal cases involving grave and less grave offenses where an accused must be represented by counsel de parte or counsel de oficio and in which his right to counsel is not waivable

Remedies against unauthorized practice

Petition for injunction

Petition for declaratory relief

Petition for contempt of court

Petition for disqualification

Complaint for disbarment

Administrative complaint against the erring lawyer or government official

Estafa (defrauding a person in representing himself as an attorney)