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1ST CASE:
Raul A. Villegas "challenged" the appearance of
Assemblyman Legaspi as counsel of record on the
ground that he is barred under the Constitution from
appearing before Courts of First Instance, which are
essentially trial Courts or Courts of First Instance,
which are essentially trial Courts or Courts of First
Instance, which are essentially trial Courts or Courts
of original jurisdiction. After the Opposition and Reply
to the Opposition were filed, Judge Dulay issued an
Order inhibiting himself from the aforesaid case
because Assemblyman Legaspi was likewise the
lawyer of his wife in two pending cases.
Judge Burgos denied the disqualification of
Assemblyman Legaspi, as well as the Motion for
Reconsideration filed thereafter. Hence, this recourse
to certiorari and Prohibition.
2ND CASE:
Edgardo P. Reyes filed against N. V. Verenigde
Buinzenfabrieken Excelsior-De Maas and private
respondent Eustaquio T.C. Acero to annul the sale of
Excelsior's shares in the International Pipe Industries
Corporation (IPI) to Eustaquio T.C Acero, allegedly on
the ground that, prior thereto, the same shares had
already been sold to him (Reyes).
Assemblyman Estanislao Fernandez entered his
appearance as counsel for Excelsior. This appearance
was questioned on the ground that it was barred by
Section 11, Article VIII of the 1973 Constitution,
above-quoted.
ISSUE: whether or not members of the Batasang
Pambansa, like Attorneys Valentino L. Legaspi and
Estanislao A. Fernandez, can appear as counsel
before Courts of First Instance.
Appearance" has been defined as "voluntary
submission to a court's jurisdiction".
"Counsel" means "an adviser, a person professionally
engaged in the trial or management of a cause in
court; a legal advocate managing a case at law; a
lawyer appointed or engaged to advise and represent
in legal matters a particular client, public officer, or
public body".
Ballantine's Law Dictionary says a counsel is
"counselor, an attorney at law; one or more attorneys
representing parties in an action".
Thus, "appearance as counsel" is a voluntary
submission to a court's jurisdiction by a legal
advocate or advising lawyer professionally engaged
to represent and plead the cause of another.
The need for it was felt by the 1934 Constitutional
Convention, a sentiment shared by the last
Constitutional
Convention,
because
of
the
widespread belief that legislators found it difficult to
resist, as perhaps most men, the promptings of selfinterest. Clearly, the purpose was and is to stress the
fiduciary aspect of the position. There is thus fidelity
to the maxim that a public office is a public trust.
Since the respective Courts of First Instance, before
which
Assemblymen
Legaspi
and
Fernandez
August 8, 1935
In re contempt proceedings against Attorney
VICENTE J. FRANCISCO.
FACTS:
Said attorney inserted a paragraph:
We should like frankly and respectfully to make it of
record that the resolution of this court, denying our
motion for reconsideration, is absolutely erroneous
and constitutes an outrage to the rights of the
petitioner Felipe Salcedo and a mockery of the
popular will expressed at the polls in the
municipality of Tiaong, Tayabas.
We wish to exhaust all the means within out power in
order that this error may be corrected by the very
court which has committed it, because we should
not want that some citizen, particularly some
voter of the municipality of Tiaong, Tayabas,
resort to the press publicly to denounce, as he
has a right to do, the judicial outrage of which
the herein petitioner has been the victim, and
because it is our utmost desire to safeguard the
prestige of this honorable court and of each and
every member thereof in the eyes of the public.
But, at the same time we wish to state sincerely that
erroneous decisions like these, which the affected
party and his thousands of voters will necessarily
consider unjust, increase the proselytes of
"sakdalism" and make the public lose confidence in
the administration of justice.
Required Attorney Vicente J. Francisco to show cause,
if any, why he should not be found guilty of
contempt, giving him a period of ten days for that
purpose.
In this answer attorney Vicente J. Francisco, far from
regretting having employed the phrases contained in
said paragraph in his motion, reiterated them several
times contending that they did not constitute
contempt because, according to him it is not
contempt to tell the truth.
RULING:
In the opinion of this court, an inexcusable disrespect
of the authority of the court and an intentional
contempt of its dignity, because the court is thereby
charged with no less than having proceed in utter
disregard of the laws, the rights of the parties, and of
the untoward consequences, or with having abused
its power and mocked and flouted the rights of
Attorney Vicente J. Francisco's client, because the
acts of outraging and mocking from which the words
"outrage" and "mockery" used therein are derived,
mean exactly the same as all these, according to the
Dictionary of the Spanish Language published by the
Spanish Academy
The insertion of the phrases in question in said
motion of Attorney Vicente J. Francisco, for many
years a member of the Philippine bar, was neither
justified nor in the least necessary, because in order
to call the attention of the court in a special way to
explanation
of
respondent
is
2.
3.
and procedure.
EXAMPLES:
1.
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Respondent
Atty.
Agustin
Arcangel
volunteered to help complainants Olegaria Blanza
and Maria Pasion in their respective pension claims in
connection with the deaths of their husbands, both
P.C. soldiers, and for this purpose, they handed over
to him the pertinent documents and also affixed their
signatures on blank papers. But subsequently, they
noticed that since then, respondent had lost interest
in the progress of their claims and when they finally
asked for the return of their papers six years later,
respondent refused to surrender them. He admitted
having received the documents from complainants
but explained that it was for photostating purposes
only. His failure to immediately return them, he said,
was due to complainants' refusal to hand him the
money to pay for the photostating costs which
prevented him from withdrawing said documents
from the photostat service. Anyway, he had already
advanced the expenses himself and turned over, on
December 13, 1961, the documents, their respective
photostats and the photostat service receipt to the
fiscal.
Issue:
of
the
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