REPUBLIC ACT No. 2259 June 19, 1959

AN ACT MAKING ELECTIVE THE OFFICES OF MAYOR, VICE-MAYOR AND COUNCILORS IN CHARTERED CITIES, REGULATING THE ELECTION IN SUCH CITIES AND FIXING THE SALARIES AND TENURE OF SUCH

OFFICES.

Section 1. The offices of Mayor, Vice-Mayor, and members of the city council or municipal board in all chartered cities in the Philippines which are now filled by appointment are hereby declared elective.

Section 2. The Mayor, Vice-Mayor and Councilors shall be elected at large by the qualified voters of the city on the date of the elections for provincial and municipal officials in conformity with the provisions of the Revised Election Code: Provided, however, That the qualified voters of cities shall vote or shall not vote for provincial officials as their respective charters provide, except in the cities of Iloilo and Dagupan where the said voters shall not vote for provincial officials.

The newly elected city officials shall assume office on the first day of January following their elections, and upon qualifying, shall hold office for four years and until their successors shall have been duly elected and qualified, unless sooner removed or suspended for cause, as provided by law.

Section 3. The position of Vice-Mayor is hereby created in chartered cities which at present have no position for Vice-mayor by provision of their corporate charters: Provided, That the Vice-Mayor shall be the presiding officer of the City Council or Municipal Board in all chartered cities.

The Vice-Mayor shall perform the duties and exercise the powers of the mayor in the event of the latter's inability to discharge the powers and duties of his office. In the event of a permanent vacancy in the office of mayor, the vice-mayor shall become mayor for the completion of the unexpired term. If the Vice-Mayor is temporarily incapacitated for the performance of his official duties, the councilor who received the highest number of votes in the last election shall serve as acting Vice-Mayor; and in the event of such inability of the elected Mayor, the Vice-Mayor is, for any reason temporarily incapacitated for the performance of the duties of the Mayor, or the office of the Vice-Mayor is vacant, the Councilor who received the highest number of votes in the last election, shall serve as Acting Mayor and while so serving shall not perform any duty as a member of the council but shall continue to hold the office of Councilor. In such event, the remaining members of the Council shall elect from among themselves the presiding officer. For service as Acting Mayor or Acting Vice-Mayor, the Vice-Mayor or Councilor shall receive a total compensation equivalent to the salary of the Mayor or Acting Vice-Mayor, as the case may be, during such period.

Section 4. In chartered cities, where the City Treasurer, City Engineer, and/or any other head of office in a province of city are ex-officio members of the City Council, such officials shall cease from acting as ex-officio members of the City Council upon the election and qualification of their successors: Provided, That as many elective offices of city Councilors as there are such officers who are ex-officio members of the Council are hereby created in order to maintain the present number of Councilors in the City Council or Municipal Board: Provided, further, That in the City of Baguio there shall be six Councilors.

Section 5. The incumbent appointive City Mayors, Vice-Mayors and Councilors, unless sooner removed or suspended for cause, shall continue in office until their successors shall have been elected in the next general elections for local officials and shall have qualified. Incumbent appointive city secretaries shall, unless sooner removed or suspended for cause, continue in office until an elective city council or municipal board shall have been elected and qualified; thereafter the city secretary shall be elected by majority vote of the elective city council or municipal board. All other city officials now appointed by the President of the Philippines may not be removed from office except for cause.

Section 6. No person shall be a City Mayor, Vice-Mayor, or Councilor unless he is at least twenty-five years of age, resident of the city for at least one year prior to his election and is a qualified voter.

Section 7. The Mayor, Vice-Mayor and Members of the Municipal Board shall, subject to the availability of funds, receive the salary rates hereinafter set forth in accordance with the classification of cities provided for in Republic Act Numbered Eight hundred and forty: Provided, That for purposes of classification of chartered cities the provisions of Republic Act Numbered Eight hundred and forty to the contrary notwithstanding, Quezon and Baguio Cities shall be classified according to the provisions of their respective charters as amended.

(a) In class one chartered cities, the Mayor shall receive a salary of not less than seven thousand two hundred but not more than eight thousand four hundred pesos per annum; the Vice-Mayor shall receive a salary of not less than five thousand four hundred but not more than six thousand eight hundred pesos per annum; and the members of the Municipal Board shall receive an annual salary of not more than five thousand four hundred pesos each;

(b) In class two chartered cities, the Mayor shall receive a salary of not less than six thousand but not more than seven thousand two hundred pesos per annum; the Vice-Mayor shall receive a salary of not less than four thousand eight hundred but not more than five thousand four hundred pesos per annum; and the members of the Municipal Board shall receive an annual salary of not more than four thousand eight hundred pesos each;

(c) In class three chartered cities, the Mayor shall receive a salary of not less than four thousand eight hundred nor more than six thousand pesos per annum; the Vice-Mayor shall receive a salary of not less than three thousand nor more than four thousand eight hundred pesos per annum; and the members of the Municipal Board shall receive an annual salary of not more than three thousand pesos each;

(d) In class four chartered cities, the Mayor shall receive a salary of not less than three thousand six hundred nor more than four thousand eight hundred pesos per annum: the Vice-Mayor shall receive a salary of not less than three thousand nor more than three thousand four hundred pesos per annum; and the members of the Municipal Board shall receive an annual salary of not more than two thousand four hundred pesos each; and

(e) In class five chartered cities, the Mayor shall receive a salary of not less than two thousand eight hundred nor more than three thousand six hundred pesos per annum; the Vice-Mayor shall receive a salary of not less than two thousand four hundred but not more than two thousand eight hundred pesos per annum; and the members of the Municipal Board shall receive an annual salary of not more than one thousand eight hundred pesos each.

If the revenues of the City cannot support the salaries provided for in subsections a, b, c, d and e hereof, the City Council for the next fiscal year shall make the corresponding proportional reduction in the salaries of the Mayor, Vice-Mayor and members of the Municipal Board of said city to the rates of salaries or compensation fixed for the same officials in any city of a lower class, and, in the case of the lowest class, to such lesser rates as the City council thereof shall determine but in no case shall the salary of the Mayor, Vice-Mayor or members of the Municipal Board be reduced below the minimum fixed by the Minimum Wage Law.

Section 8. This Act shall not apply to the cities of Manila, Cavite, Trece Martires and Tagaytay.

Section 9. All Acts or parts of Acts, Executive Orders, rules and regulations inconsistent with the provisions of this Act, are hereby repealed.

Section 10. This Act shall take effect upon its approval.

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