Article 17p. 17

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

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

party; 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.

RULE 138-A Law Student Practice Rule

Section 1. Conditions for student practice. — A law

student who has successfully completed his 3rd year of

the regular four-year prescribed law curriculum and is

enrolled

in

a

recognized

law

school's

clinical

legal

education program approved by the Supreme Court, may

appear without compensation in any civil, criminal or

administrative case before any trial court, tribunal, board

or officer, to represent indigent clients accepted by the

legal clinic of the law school.

Section 2. Appearance. — The appearance of the law

student authorized by this rule, shall be under the direct

supervision and control of a member of the Integrated

Bar of the Philippines duly accredited by the law school.

Any and all pleadings, motions, briefs, memoranda or

other

papers

to

be

filed,

must

be

signed

by

the

supervising attorney for and in behalf of the legal clinic.

Section

3. Privileged communications. — The Rules

safeguarding

privileged

communications

between

attorney and client shall apply to similar communications

made to or received by the law student, acting for the

legal clinic.

Section 4. Standards of conduct and supervision. — The

law

student

shall

comply

with

the

standards

of

professional conduct governing members of the Bar.

Failure of an attorney to provide adequate supervision of

student practice may be a ground for disciplinary action.

(Circular No. 19, dated December 19, 1986).

RULE 139 Disbarment or Suspension of

Attorneys

Section 1. Motion or complaint. — Proceedings for the

removal or suspension of attorneys may be taken by the

Supreme Court on its own motion or upon the complaint

under oath of another in writing. The complaint shall set

out distinctly, clearly, and concisely the facts complained

of, supported by affidavits, if any, of persons having

personal knowledge of the facts therein alleged and shall

be accompanied with copies of such documents as may

substantiate said facts.

Section 2. Service or dismissal. — If the complaint

appears to merit action, a copy thereof shall be served

upon the respondent, requiring him to answer the same

within ten (10) days from the date of service. If the

complaint does not merit action, or if the answer shows

to

the

satisfaction

of

the

Supreme

Court

that the

complaint is not meritorious, the same shall be dismissed.

Section 3. Investigation by Solicitor General. — Upon the

issues raised by the complaint and answer, or upon failure

of the respondent to answer, the case shall be referred to

the Solicitor General for investigation to determine if

there

is

sufficient

ground

to

proceed

with

the

prosecution

of

the

respondent.

In

the

investigation

conducted by the Solicitor General, the respondent shall

be given full opportunity to defend himself, to produce

witnesses in his own behalf, and to be heard by himself

and counsel. However, if upon reasonable notice, the

respondent fails to appear, the investigation shall proceed

ex parte.

Section 4. Report of the Solicitor General. — Based upon

the evidence adduced at the hearing, if the Solicitor

General finds no sufficient ground to proceed against the

respondent, he shall submit a report to the Supreme

Court containing his findings of fact and conclusion,

whereupon the respondent shall be exonerated unless

the court orders differently.

Section 5. Complaint of the Solicitor General. Answer of

respondent . — If the Solicitor General finds sufficient

ground to proceed against the respondent, he shall file

the corresponding complaint, accompanied with all the

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