This is a motion by Macario Adriatico made the 31st day of August, 1911, alleging himself to be the attorney for the defendant-appellant, Jacinto Borromeo,  for time to study the cause and prepare his case on appeal.

The appellant, Jacinto Borromeo, was convicted  of  the crime of rapto in the Court of First Instance of the city of Manila in November, 1910,   In that court he was defended by Sr. Mariano Legaspi, an  attorney of this court.  After the conviction and on the 17th day of November, 1910,  a notice of appeal was filed by  Sr. M. Legaspi Florendo as attorney for said appellant.

On  the 7th  day of July,  1911, Senor  Alfonso  Mendoza filed in this court the following notice:

"The clerk will please note my appearance in the above-entitled cause as attorney for the accused."

And, lastly, Sr.  Macario Adriatico, on the 31st day of August, 1911, as attorney for the appellant, filed the following as above mentioned:

"The undersigned, in the  name of and representing the accused, Jacinto Borromeo,  prays the court that he have time to study the cause above  mentioned."

As is seen from the above,  there have been three changes made in attorneys for the accused in this case.  No formalities whatever were observed in those changes.  No consent of the accused to such changes was filed  or presented.  No consent of the previous attorney to such substitution was filed or presented; and no notice of the motion  for such substitution was served upon  such attorney.

We  can not permit such practice to prevail.  No substitution of attorneys will be  allowed unless  the  following requisites concur:

1. There must always be filed  a  written application  for such substitution.   
   
2.  
3. There must always be filed the written  consent of the client to such substitution.   
   
4.  
5. There must always be filed the written consent of  the attorney substituted if such consent can be obtained.   
   
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7. In case such written consent can not be procured, there must be filed with the application for substitution  proof of the service of notice of such motion  in the manner  required by the rules upon the attorney to be substituted.
   

Unless these formalities are complied with no substitution will be permitted and the attorney who properly appeared last in the cause before such  application for substitution will be regarded as the attorney of record and will be held responsible for the proper conduct of the cause.

The petitioner, Macario Adriatico, having no standing in this case, according to the records of the court, the motion is denied, without prejudice to subsequent proceedings for the substitution of attorneys in accordance with the requirements herein laid down.

Torres, Mapa, Johnson, Carson, and Moreland, JJ.