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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
City of Dipolog
Branch 9

GERALD T. CONCHA Civil Case No. 6798
Plaintiff,

-versus- -for-

PSI LEOPOLDO MACALINDOL, Replevin and / or
P02 LIBORIO VELASCO Sum of money
PINSP MERVIN CLARET AND
ROQUE EDUARDO VEGA
Defendants.
X-----------------------------X



OBJECTION TO THE MOTION
TO WITHDRAW AS COUNSEL OF DEFENDANTS
MACALINDOL, CLARET AND VELASCO


Comes now, the plaintiff through counsel, must respectfully avers that:

1.) The undersigned counsel received a copy of Motion to withdraw as counsel on
22 February 2013 file by Atty. Kenneth P. Rosal stating his desire to withdraw
his appearance as counsel for the reason that he cannot effectively handle the
case for the defendants and wit the manifestation that he has not obtained their
written conformity on his intent to withdraw as counsel;

2.) The plaintiff has previously filed as EX PARTE MOTION TO LEAVE TO POST A
REPLEVIN BOND
1
on 19 February 2013 stating therein that the acts of the
defendants have shown their incompetence and neglect in the performance of
their official duties and that neither of or their counsel attended the hearing
scheduled on 16 January 2013 validating the observations of the plaintiff;


3.) Canon 22 of the Code of Professional Responsibility enumerates the cases
wherein a lawyer may be allowed to withdraw his services with stating therein
clearly that it shall only be for good cause and upon notice to his client, to wit:


1
A copy of which is hereto attached as Annex A and made integral part hereof;
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CANON 22. A LAWYER SHALL WITHDRAW HIS SERVICES ONLY
FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.

Rule 22.01 A lawyer may withdraw his services in any of the
following cases:

a.) When the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling;

b.) When the client insist that the lawyer pursue conduct
violative of these canons and rules;

c.) When his inability to work with co-counsel will not
promote the best interest of the client;

d.) When the mental or physical condition of the lawyer
renders it difficult for him to carry out the employment
effectively;

e.) When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;

f.) When the lawyer is elected or appointed to a public
office; and

g.) Other similar cases.

Rule 22.02 A lawyer who withdraws or is discharged shall, subject
to a retaining lien, immediately turn over all papers and property to
which the client is entitled, and shall cooperate with his successor in
the orderly transfer of the matter, including all information
necessary for the proper handling of the matter.


4.) While the right of the client to terminate his relationship with counsel is
universal and absolute,
2
it is not so vice versa. It is rudimentary that
membership to the bar is a privilege burdened with conditions and among the
fundamental rules of ethics is the principle that an attorney who undertakes to
conduct an action impliedly stipulates to carry it to its termination
3
;

5.) Further, counsel who intends to formally withdraw his appearance has no right
to pressure that the court would grant his withdrawal and must therefore still
appear on the date of hearing as held in Visitacion vs. Manit.
4
The motion filed by
Atty. Kenneth P. Rosal does not indicate a notice of or a request for hearing;

2
Rinconada Telephone Company, Inc. vs. Buenviaje, 184 SCRA 701.
3
Stork vs. Mishel, 6 ALR 174.
4
Visitacion vs. Manit, 27 SCRA 523.
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6.) Counsel for defendants has direct contract with them as compared to the
plaintiff who is likely to suffer an injustice considering the fact that their offices
have refused to receive pleadings addressed to them or given information on
their current geographical assignments in the Highway Patrol Group;


WHEREFORE, it is most respectfully prayed of this Honorable Court that the
motion to withdraw as counsel filed by Atty. Kenneth P. Rosal be denied for reasons
stated above and for the injustice and injury such might cause to the plaintiff.



Dipolog City, 25 February 2013.



CONCHA LAW OFFICES

By:




DIANA CHARLETTE G. CONCHA
Roll No. 55244
PTR No. 0576045 01/03/2013
IBP Lifetime No. 07657
MCLE Compliance No. III-00180684













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REQUEST FOR AND NOTICE OF HEARING


ATTY. IAN CAMPISEO
Branch Clerk of Court
Regional Trial Court
Branch 9, Dipolog City


Sir:

Kindly set the foregoing EX PARTE MOTION FOR LEAVE TO REPLEVIN BOND for
consideration of the honorable Court immediately upon receipt hereof. Thank you.



DIANA CHARLETTE G. CONCHA