1 Rule 138 of The Rrules of Court 21-37
1 Rule 138 of The Rrules of Court 21-37
1 Rule 138 of The Rrules of Court 21-37
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 willfully 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 officio. — 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 officio 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.