Who may practice as lawyers.
SEC. 13. Who may practice as lawyers. — The following persons, if not specially declared ineligible, are entitled to practice law in the courts of the Philippine Islands:
1. Those who have been duly licensed under the laws and orders of the Islands under the sovereignty of Spain or of the United States and are in good and regular standing as members of the bar of the Philippine Islands at the time of the adoption of this Code;
2. Those who are hereafter licensed in the manner herein prescribed.
Qualification of applicants.
SEC. 14. Qualification of applicants. — Any resident of the Philippine Islands, not a subject or citizen of any foreign government, of the age of twenty-three years, of good moral character, and who possesses the necessary qualifications of learning and ability, is entitled to admission as a member of the bar of the Islands and to practice as such in all their courts.
Certificates of good character required.
SEC. 15. Certificates of good character required. — Every applicant for admission as a member of the bar must produce before the Supreme Court satisfactory testimonials of good moral character, and must satisfactorily pass a proper examination upon all the codes of law and procedure in force in the Philippine Islands, and upon such other branches of legal learning as the Supreme Court by general rule shall provide. The Supreme Court by rule may require that applicants shall have regularly and attentively studied law for a fixed period before taking the examination, and may specify the kind of evidence necessary to establish the fact: Provided, nevertheless, That if the applicant has been admitted to practice law in the courts of the Philippine Islands, or in the courts of Spain, or any of its dependencies, during the period of the Spanish sovereignty in the Philippine Islands, he may be admitted to practice in the courts of these islands without further examination, except as in this section hereinafter provided, upon the production of his license and satisfactory evidence that such license has not been revoked, and that the applicant is of good moral character and professional standing; but the judges of the Supreme Court may, by general rules, provide that an applicant for admission under this proviso shall satisfactorily pass an examination upon the codes of law and procedure in force in these Islands.
Place and manner of examinations.
SEC. 16. Place and manner of examinations. — Such examinations shall be conducted at Manila, by the judges of the Supreme Court or by a committee of competent lawyers by them to be appointed, and shall be held at such times as the judges of that court shall provide by general or special rules.
Admission.
SEC. 17. Admission. — If upon examination, the candidate is found qualified, the Supreme Court shall admit him as a member of the bar for all the Courts of the Philippine Islands, 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 the court, which certificate shall be his license.
Oaths.
SEC. 18. Oaths. — Before receiving a certificate the applicant shall take and subscribe in court the following oaths:
1. "I, _________________________, recognize and accept the supreme authority of the United States of America, and I do swear that I will maintain allegiance to that nation; that I will obey the existing laws which rule in the Philippine Islands, as well as the legal orders and decrees of the duly constituted authorities therein; that I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God."
2. "I do solemnly swear that I mill do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any false, groundless, or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, but will conduct myself in the office of a lawyer within the courts according to the best of my knowledge and discretion, with all good fidelity as well to the courts as to my clients. So help me God."
These oaths may be taken before any judge of the Supreme Court, and a certificate that the oath has been taken shall be set forth in the license.
Admission from other jurisdictions.
SEC. 19. Admission from other jurisdictions. — Every resident of the Philippine Islands, not a citizen or subject of any foreign government, who has been admitted to practice law in the Supreme Court of the United States, or in any circuit court of appeals, circuit or district court therein, or in the highest court of any State or Territory of the United States, may be admitted to practice in the courts of these islands upon the production of his license and satisfactory evidence that such license has not been revoked and that the applicant is of good moral character and professional standing. But the judges of the Supreme Court may, by general rules, provide that an applicant for admission under this section shall satisfactorily pass an examination upon the codes of law and procedure in force in these Islands.
The applicant under this section shall take the oaths above provided before receiving his license.
Lawyers' roll.
SEC. 20. Lawyers' roll. — The clerk of the Supreme Court shall keep a roll of all the lawyers admitted to practice in the court, which roll shall be signed by the person admitted before he receives his license.
Disbarments.
SEC. 21. Disbarments. — A member of the bar may be removed or suspended from his office as lawyer by the Supreme Court for any deceit, malpractice or other gross misconduct in such office, or by reason of his conviction of a crime involving moral turpitude or for any violation of either of the oaths aforesaid, or for the willful disobedience of any lawful order of the Supreme Court or Courts of First Instance, or for corruptly or willfully appearing as a lawyer for a party to an action or proceeding without authority so to do.
Suspension of lawyers.
SEC. 22. Suspension of lawyers. — Courts of First Instance may suspend a lawyer from the further practice of his profession for any of the causes named in the last preceding section, and after such suspension such lawyer will not be privileged to practice his profession in any of the courts of the Islands until further action of the Supreme Court in the premises.
Proceedings upon suspension.
SEC. 23. Proceedings upon suspension. — Upon such suspension the judge of the Court of First Instance ordering the suspension 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 full investigation of the facts involved and make such order revoking or extending the suspension, or removing the lawyer permanently from the roll, as it shall find the facts to warrant.
Institution and costs of disbarment proceedings.
SEC. 24. Institution and costs of disbarment proceedings. — Proceedings for the removal or suspension of a lawyer may be taken by the court of its own motion, or upon the complaint of another in writing. It shall be the duty of the Attorney-General for the Islands to appear for the Government in all such proceedings in the Supreme Court, and to conduct prosecutions. The costs of the prosecution of such proceedings shall be paid by the Government; the cost of the defendant by himself.
Hearing of charges.
SEC. 25. Hearing of charges. — No lawyer shall be removed from the roll or be suspended from the performance of his profession until he has had full opportunity to answer the charges against him, and to produce witnesses in his own behalf and to be heard by himself and counsel, if he so desires, upon reasonable notice. But if upon reasonable notice the accused fails to appear and answer the accusation, the court may proceed to determine the matter ex parte.
Authority to appear.
SEC. 26. Authority to appear. — No written power of attorney shall be required to authorize a duly enrolled lawyer 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 lawyer who assumes the right to appear in an action or proceeding 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 make any order that justice may require on such investigation; but, prima facie, lawyers shall be held properly authorized to represent any causes they may appear in.
Authority to bind their clients.
SEC. 27. Authority to bind their clients. — Lawyers have authority to bind their clients in any action or proceeding, by any agreement in relation to the cause, made in writing and in entering appeals, and in all matters of ordinary judicial procedure. But they can not, without special authority, compromise their client's litigation, or receive anything in discharge of a client's claim but the full amount in cash.
Unauthorized appearances; contempt.
SEC. 28. Unauthorized appearances; contempt. — A lawyer willfully appearing in court for a person without being employed, unless by leave of the court, is guilty of a contempt of court, and may be fined a sum of not less than one hundred dollars and not more than one thousand dollars by the court in which such unauthorized appearance has been entered.
Lawyer's fees.
SEC. 29. Lawyer's fees. — A lawyer shall be entitled to have and recover from his client no more than a reasonable compensation for the services rendered, with a view to the importance of the subject matter of the controversy, to the extent of the services rendered, and the professional standing of the lawyer. But in such cases the court shall not be bound by the opinion of lawyers 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 of recovery if found by the court not to be unconscionable or unreasonable.
Retention of client's funds.
SEC. 30. Retention of client's funds. — When a lawyer unjustly retains in his hands money of his clients after it has been demanded, he may be dealt with as for contempt of court, and may, after due hearing, be imprisoned until he pays over his client's moneys ascertained to be unlawfully in his hands, but for a period not exceeding six months in all. But proceedings under this section shall not be a bar to a criminal prosecution for embezzlement.
Inviolability of communications of clients.
SEC. 31. Inviolability of communications of clients. — A lawyer must strictly maintain inviolate the confidence and preserve the secrets of his client. He shall not be permitted in any court, without the consent of his client, given in open court, to testify to any facts imparted to him by his client in professional consultation, or for the purpose of obtaining advice upon legal matters.
Change of lawyers.
SEC. 32. Change of lawyers. — A lawyer may retire at any time from any action or special proceeding, by the written consent of his client filed in court, and a client may at any time dismiss his lawyer or substitute another in his place. A lawyer 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 lawyer, and on hearing, determine that he ought to be allowed to retire. In case of such substitution, the name of the lawyer 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 adverse party.
Procuradors or solicitors.
SEC. 33. Procuradors or solicitors. — Procuradors or solicitors will no longer be recognized as officers of the courts, and the duties formerly appertaining to such office shall devolve upon lawyers.
Employment of lawyers not required.
SEC. 34. Employment of lawyers not required. — Any party may conduct his litigation in a court of a justice of the peace, in person or with the aid of an agent or friend appointed by him for that purpose, or with the aid of a lawyer; in any other court a party may conduct his litigation personally or by aid of a lawyer, and his appearance must be either personal or by the aid of a duly authorized member of the bar.
Lawyers for destitute litigants.
SEC. 35. Lawyers for destitute litigants. — The Supreme Court and Courts of the First Instance may, in their discretion, assign any lawyer to render professional aid to a party, in any pending action, free of charge, if such court, upon full investigation, shall find that the party is destitute and unable to employ a lawyer and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. Upon such assignment, it shall be the duty of the lawyer assigned to render the required services, unless he shall be excused therefrom by the court for sufficient cause shown.
Judges as lawyers.
SEC. 36. Judges as lawyers. — No judge of the Supreme Court or Court of First Instance, Attorney-General, Solicitor-General, assistant-attorney-general, or clerk of court shall be allowed to act as a lawyer or to give professional advice to clients while holding office.
Lawyer's liens.
SEC. 37. Lawyer's liens. — A lawyer shall have a lien upon all the funds and papers and documents of his client which may lawfully have come into his possession, and may retain the same until his lawful fees and disbursements due to him from his client 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 and decrees for the payment of money, and executions issued in pursuance of such judgments and decrees which he has secured in a litigation of his client, from and after, but not before, the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment or decree, or issuing such execution, and shall have caused written notice thereof to be delivered to the adverse party, and shall have the same right and power over such judgments, decrees, and executions to enforce his lien as his client had or may have, to the extent that may be necessary for the payment of his just fees and disbursements.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
