Article 16p. 16

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

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

wilful 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

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