Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
RELOVA,
Appeal from the Order, dated August 16, 1979, of respondent Judge Nicanor
J. Cruz, Jr., of the then Municipal Court of Paraaque, Metro Manila,
disallowing the appearances of petitioners Nelson B. Malana and Robert V.
Lucila as private prosecutors in Criminal Cases Nos. 58549 and 58550, both
for less serious physical injuries, filed against Pat. Danilo San Antonio and
Pat. Rodolfo Diaz, respectively, as well as the Order, dated September 4,
1979, denying the motion for reconsideration holding, among others, that
"the fiscal's claim that appearances of friends of party-litigants should be
allowed only in places where there is a scarcity of legal practitioner, to be
well founded. For, if we are to allow non-members of the bar to appear in
court and prosecute cases or defend litigants in the guise of being friends of
the litigants, then the requirement of membership in the Integrated Bar of the
Philippines and the additional requirement of paying professional taxes for a
lawyer to appear in court, would be put to naught. " (p. 25, Rollo)
Records show that on April 6, 1979, petitioner Romulo Cantimbuhan filed
separate criminal complaints against Patrolmen Danilo San Antonio and
Rodolfo Diaz for less serious physical injuries, respectively, and were
docketed as Criminal Cases Nos. 58549 and 58550 in the then Municipal
Court of Paraaque, Metro Manila.
Petitioners Nelson B. Malana and Robert V. Lucila, in 1979, were senior law
students of the U.P.assistance to the needy clients in the Office of the Legal
Aid. Thus, in August 1979, petitioners Malana and Lucila filed their separate
appearances, as friends of complainant-petitioner Cantimbuhan. Herein
In the two criminal cases filed before the Municipal Court of Paraaque,
petitioner Cantimbuhan, as the offended party, did not expressly waive the
civil action nor reserve his right to institute it separately and, therefore, the
civil action is deemed impliedly instituted in said criminal cases. Thus, said
complainant Romulo Cantimbuhan has personal interest in the success of
the civil action and, in the prosecution of the same, he cannot be deprived of
his right to be assisted by a friend who is not a lawyer.
WHEREFORE, the Orders issued by respondent judge dated August 16,
1979 and September 4, 1979 which disallowed the appearances of
petitioners Nelson B. Malana and Robert V. Lucila as friends of party-litigant
petitioner Romulo Cantimbuhan. are hereby SET ASIDE and respondent
judge is hereby ordered to ALLOW the appearance and intervention of
petitioners Malana and Lucila as friends of Romulo Cantimbuhan.
Accordingly, the temporary restraining order issued on November 8, 1979 is
LIFTED.
SO ORDERED.
Fernando, C.J., Makasiar, Concepcion Jr., Guerrero, Abad Santos, Plana,
Escolin and Gutierrez, Jr., JJ., concur.
Separate Opinions
Nos. 58549 and 58550 of the then Municipal Court of Paraaque, Metro
Manila, is not a "party" within the meaning of the said Rule. The parties in a
criminal case are the accused and the People. A complaining witness or an
offended party only intervene in a criminal action in respect of the civil
liability. The case of Laput and Salas vs. Bernabe, 55 Phil. 621, is authority
only in respect of the accused, as a "party", in a criminal case.
Nos. 58549 and 58550 of the then Municipal Court of Paraaque, Metro
Manila, is not a "party" within the meaning of the said Rule. The parties in a
criminal case are the accused and the People. A complaining witness or an
offended party only intervene in a criminal action in respect of the civil
liability. The case of Laput and Salas vs. Bernabe, 55 Phil. 621, is authority
only in respect of the accused, as a "party", in a criminal case.
Sections 4 and 15, Rule 110 of the Rules of Court, being the more specific
provisions in respect of criminal cases, should take precedence over Section
34, Rule 138 and should be controlling (Bagatsing vs. Hon. Ramirez, 74
SCRA 306 [1976]). Section 4 provides that all criminal actions shall be
prosecuted under the direction and control of the Fiscal, while Section 15
specifically provides that the offended party may intervene, personally or by
attorney, in the prosecution of the offense.
Sections 4 and 15, Rule 110 of the Rules of Court, being the more specific
provisions in respect of criminal cases, should take precedence over Section
34, Rule 138 and should be controlling (Bagatsing vs. Hon. Ramirez, 74
SCRA 306 [1976]). Section 4 provides that all criminal actions shall be
prosecuted under the direction and control of the Fiscal, while Section 15
specifically provides that the offended party may intervene, personally or by
attorney, in the prosecution of the offense.
Separate Opinions
AQUINO, J., dissenting:
Separate Opinions
Senior law students should study their lessons anti prepare for the bar. They
have no business appearing in court.
AQUINO, J., dissenting:
Senior law students should study their lessons anti prepare for the bar. They
have no business appearing in court.
Section 34, Rule 138 of the Rules of Court specifically provides that it is "a
party" who may conduct his litigation in person, with the aid of an agent or
friend appointed by him for that purpose in the Court of a Justice of the
Peace. Romulo Cantimbuhan, as the complaining witness in Criminal Cases
Nos. 58549 and 58550 of the then Municipal Court of Paraaque, Metro
Manila, is not a "party" within the meaning of the said Rule. The parties in a
criminal case are the accused and the People. A complaining witness or an
offended party only intervene in a criminal action in respect of the civil
liability. The case of Laput and Salas vs. Bernabe, 55 Phil. 621, is authority
only in respect of the accused, as a "party", in a criminal case.
Sections 4 and 15, Rule 110 of the Rules of Court, being the more specific
provisions in respect of criminal cases, should take precedence over Section
34, Rule 138 and should be controlling (Bagatsing vs. Hon. Ramirez, 74
SCRA 306 [1976]). Section 4 provides that all criminal actions shall be
prosecuted under the direction and control of the Fiscal, while Section 15
specifically provides that the offended party may intervene, personally or by
attorney, in the prosecution of the offense.
I vote, therefore, to uphold the Order of respondent Municipal Judge, dated
August 16, 1979, disallowing the appearances of petitioners as private
prosecutors in the abovementioned criminal cases.
De Castro, Teehankee, JJ., concurs with the dissent of Assoc. Justice
Herrera.
Case No. 252. The case was then reassigned to Judge Loida Maputol of the
14th MCTC, San Miguel-Alimodian-Leon, Iloilo.
Respondent avers that the delay in the resolution of the case cannot be
attributed to him, considering that he was mandated by law and the rules of
procedure to pass upon every motion presented before him. [16] Besides,
complainant allegedly failed to present evidence necessary for the immediate
resolution of her prayer for preliminary injunction. [17] Moreover, she
supposedly failed to exhaust the remedies available to her to question the
validity of his Orders. Instead, she tried to compel him to render a decision on
the case.[18]
Respondent likewise refutes complainants assertion that she appeared
as counsel on her own behalf because she could not afford the services of a
lawyer. Such claim was allegedly without basis, since her compensation and
other benefits as clerk of court were more than enough to pay for the services
of counsel.[19] He further alleges that she did not secure authority from this
Court to appear as counsel, and that she failed to file her leave of absence
every time she appeared in court.[20]
Administrative Liability
The Rules of Court clearly provide that actions for forcible entry and
unlawful detainer, regardless of the amount of damages or unpaid rentals
sought to be recovered, shall be governed by the Rule on Summary
Procedure.[23] These actions are summary in nature, because they involve the
disturbance of the social order, which should be restored as promptly as
possible.[24] Designed as special civil actions, they are governed by the Rules
on Summary Procedure to disencumber the courts from the usual formalities
of ordinary actions.[25] Accordingly, technicalities or details of procedure that
may cause unnecessary delays should be carefully avoided. [26] The actions
for forcible entry and unlawful detainer are designed to provide expeditious
means of protecting actual possession or the right to possession of the
property involved. Both are time procedures designed to bring immediate
relief.[27]
Moreover, as correctly observed by the OCA, in an action for forcible
entry, parties are entitled to the provisional remedy of preliminary injunction.
A preliminary injunction is an order granted at any stage of court actions
or proceedings prior to the judgment or final order, requiring a party or a court,
an agency or a person to refrain from doing a particular act or acts. [28] It may
also require the performance of a particular act or acts, in which case it is
promptly and decide cases within the required periods. Often have we ruled
that their inability to decide a case within the required period is not excusable
and constitutes gross inefficiency.[32] To avoid sanction, they should ask this
Court for an extension and give their reasons for the delay.
Sec. 15. Preliminary injunction -- The court may grant preliminary injunction, in
accordance with the provisions of Rule 58 hereof, to prevent the defendant from
committing further acts of dispossession against the plaintiff.
A possessor deprived of his possession through forcible entry or
unlawful detainer may, within five (5) days from the filing of the complaint, present
a motion in the action for forcible entry or unlawful detainer for the issuance of a
writ of preliminary mandatory injunction to restore him in his possession. The court
shall decide the motion within thirty (30) days from the filing thereof. (Italics ours)
Judges have no other option but to obey. In fact, the provision uses the
word shall to evince its mandatory character. We cannot subscribe to the
belief of respondent that since there was a prayer for the issuance of a
preliminary injunction, the main case for forcible entry would have to wait until
after he shall have decided the injunction plea, no matter how long it took. If
that were so, then the main case would lose its summary nature.
Respondent should have known that since a prayer for preliminary
injunction is merely a provisional remedy in an action for forcible entry, it
should lend itself to the summary nature of the main case. This is the very
reason why the Rules of Court mandate that a preliminary injunction in a
forcible entry case be decided within 30 days from its filing. Preliminary
injunctions and TROs are extraordinary remedies provided by law for the
speedy adjudication of an ejectment case in order to save the dispossessed
party from further damage during the pendency of the original action.
Time and time again, this Court has impressed upon judges the need to
decide, promptly and judiciously, cases and other matters pending before their
courts.[30] To a large extent, the publics faith and confidence in the judicial
system is boosted by the judicious and prompt disposition of cases and
undermined by any delay thereof.[31]Judges are thus enjoined to decide cases
with dispatch.
Their failure to do so constitutes gross inefficiency and warrants the
imposition of administrative sanction on them. Rule 3.05 of the Code of
Judicial Conduct specifically obliges judges to dispose of the courts business
We have often held that failure to decide cases and other matters within
the reglementary period constitutes gross inefficiency and warrants the
imposition of administrative sanctions against erring judges. Given the facts
of this case, a fine of P10,000 is appropriate pursuant to current
jurisprudence[39] and Rule 140.[40]
As to Complainant Maderada, the OCA recommended that she be fined
in the amount of P1,000 for supposedly engaging in a private vocation or
profession without prior approval of the Court. The Office of the Court
Administrator held that her appearance as counsel for herself and on behalf
of her co-plaintiff was tantamount to moonlighting, a species of malfeasance
in office.
The law allows persons who are not lawyers by profession to litigate their
own case in court. The right of complainant to litigate her case personally
cannot be taken away from her. Her being an employee of the judiciary does
not remove from her the right to proceedings in propria persona or to selfrepresentation. To be sure, the lawful exercise of a right cannot make one
administratively liable. Thus, we need not go into a discussion of the Courts
ruling in Cayetano v. Monsod[49] regarding the extent of the practice of law.
SEC. 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 that purpose, or with the aid of 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.
will not shirk from its responsibility of imposing discipline upon its employees
in order not to diminish the peoples faith in our justice system. But when the
charge has no basis, it will not hesitate to shield the innocent court employee
from any groundless accusation that trifles with judicial processes, [52] and that
serves only to disrupt rather than promote the orderly administration of
justice.[53]
WHEREFORE, Respondent Judge Ernesto H. Mediodea is hereby
found GUILTY of gross inefficiency in failing to observe
the reglementary periods in deciding cases, and is FINED in the amount
of P10,000 with a stern warning that a repetition of the same or of a similar
act in the future shall be dealt with more severely. On the other hand, Imelda
Y. Maderada is hereby REPRIMANDED for appearing as counsel on behalf
of a co-plaintiff without court authority and is likewise warned that a future
similar act shall be sanctioned more severely.
the issuance of a writ of preliminary injunction under Rule 65 of the Rules of Court.It
was directly filed with this Court assailing the Resolutions dated May 10, 2002 [1]and
July 31, 2002[2] of the Regional Trial Court (RTC), Branch 108, Pasay City, which
denied the appearance of the plaintiff Ferdinand A. Cruz, herein petitioner, as party
litigant, and the refusal of the public respondent, Judge Priscilla Mijares, to voluntarily
inhibit herself from trying the case. No writ of preliminary injunction was issued by
this Court.
SO ORDERED.
Puno,
(Chairman),
JJ., concur.
Corona, J., on leave.
This is a Petition for Certiorari, Prohibition and Mandamus, with prayer for
Sandoval-Gutierrez,
and
Carpio-Morales,
The antecedents:
year law student, anchors his claim on Section 34 of Rule 138 of the Rules of
Court[3] that a non-lawyer may appear before any court and conduct his litigation
personally.
During the pre-trial, Judge Priscilla Mijares required the petitioner to secure
a written permission from the Court Administrator before he could be allowed to
appear as counsel for himself, a party-litigant. Atty. Stanley Cabrera, counsel for
Benjamin Mina, Jr., filed a Motion to Dismiss instead of a pre-trial brief to which
petitioner Cruz vehemently objected alleging that a Motion to Dismiss is not allowed
after the Answer had been filed. Judge Mijares then remarked, Hay naku, masama
yung marunong pa sa Huwes. Ok? and proceeded to hear the pending Motion to
Dismiss and calendared the next hearing on May 2, 2002.
On August 16, 2002, the petitioner directly filed with this Court, the instant
petition and assigns the following errors:
that expected partiality on the part of the respondent judge in the conduct of the trial
could be inferred from the contumacious remarks of Judge Mijares during the pretrial. It asserts that the judge, in uttering an uncalled for remark, reflects a negative
frame of mind, which engenders the belief that justice will not be served.[5]
In an Order[6] dated April 19, 2002, Judge Mijares denied the motion for
II.
inhibition stating that throwing tenuous allegations of partiality based on the said
remark is not enough to warrant her voluntary inhibition, considering that it was said
even prior to the start of pre-trial. Petitioner filed a motion for reconsideration [7] of
the said order.
On May 10, 2002, Judge Mijares denied the motion with finality.[8] In the
same Order, the trial court held that for the failure of petitioner Cruz to submit the
promised document and jurisprudence, and for his failure to satisfy the requirements
or conditions under Rule 138-A of the Rules of Court, his appearance was denied.
The core issues raised before the Court are: (1) whether the extraordinary
writs of certiorari, prohibition and mandamus under Rule 65 of the 1997 Rules of
Court may issue; and (2) whether the respondent court acted with grave abuse of
discretion amounting to lack or excess of jurisdiction when it denied the appearance
of the petitioner as party litigant and when the judge refused to inhibit herself from
trying the case.
two Rules were distinct and are applicable to different circumstances, but the
respondent judge denied the same, still invoking Rule 138-A, in an Order[10] dated
July 31, 2002.
The respondent court held that the petitioner could not appear for himself
and on his behalf because of his failure to comply with Rule 138-A. In denying
petitioners appearance, the court a quo tersely finds refuge in the fact that, on
December 18, 1986, this Court issued Circular No. 19, which eventually became Rule
138-A, and the failure of Cruz to prove on record that he is enrolled in a recognized
schools clinical legal education program and is under supervision of an attorney duly
accredited by the law school.
In resolving the second issue, a comparative reading of Rule 138, Section 34 and Rule
However, the petitioner insisted that the basis of his appearance was Section 34 of
Rule 138, which provides:
138-A is necessary.
as an addendum to the instances when a non-lawyer may appear in courts and was
From the clear language of this provision of the Rules, it will have to be
conceded that the contention of the petitioner has merit. It recognizes the right of an
individual to represent himself in any case to which he is a party. The Rules state that
a party may conduct his litigation personally or with the aid of an attorney, and that
accused to be heard by himself and counsel,[16] this Court has held that during the trial,
his appearance must either be personal or by a duly authorized member of the Bar.
the right to counsel cannot be waived.[17] The rationale for this ruling was articulated
in People v. Holgado,[18] where we declared that even the most intelligent or educated
man may have no skill in the science of law, particularly in the rules of procedure,
personally conducting his litigation is restricted to the same rules of evidence and
and without counsel, he may be convicted not because he is guilty but because he does
procedure as those qualified to practice law,[15] petitioner, not being a lawyer himself,
runs the risk of falling into the snares and hazards of his own ignorance. Therefore,
Cruz as plaintiff, at his own instance, can personally conduct the litigation of Civil
The case at bar involves a civil case, with the petitioner as plaintiff
Case No. 01-0410. He would then be acting not as a counsel or lawyer, but as a party
therein.The solicitous concern that the Constitution accords the accused in a criminal
prosecution obviously does not obtain in a civil case. Thus, a party litigant in a civil
case, who insists that he can, without a lawyers assistance, effectively undertake the
The trial court must have been misled by the fact that the petitioner is a law
successful pursuit of his claim, may be given the chance to do so. In this case,
student and must, therefore, be subject to the conditions of the Law Student Practice
petitioner alleges that he is a law student and impliedly asserts that he has the
Rule. It erred in applying Rule 138-A, when the basis of the petitioners claim is
competence to litigate the case himself. Evidently, he is aware of the perils incident
Section 34 of Rule 138. The former rule provides for conditions when a law student
to this decision.
may appear in courts, while the latter rule allows the appearance of a non-lawyer as a
party representing himself.
The conclusion of the trial court that Rule 138-A superseded Rule 138 by
litigant, without need of the supervision of a lawyer, before inferior courts. Here, we
virtue of Circular No. 19 is misplaced. The Court never intended to repeal Rule 138
have a law student who, as party litigant, wishes to represent himself in court. We
when it released the guidelines for limited law student practice. In fact, it was intended
committed manifest bias and partiality by ruling that there is no valid ground for her
Resolution
and
Order
of
the
Regional
Trial
Court,
Branch
voluntary inhibition despite her alleged negative demeanor during the pre-trial when
108, Pasay City are MODIFIED. Regional Trial Court, Branch 108, Pasay City
she said: Hay naku, masama yung marunong pa sa Huwes. Ok? Petitioner avers that
by denying his motion, the respondent judge already manifested conduct indicative of
arbitrariness and prejudice, causing petitioners and his co-plaintiffs loss of faith and
confidence in the respondents impartiality.
No pronouncement as to costs.
We do not agree.
SO ORDERED.
It must be noted that because of this incident, the petitioner filed an
administrative case[19] against the respondent for violation of the Canons of Judicial
ANTONIO EDUARDO B. NACHURA
Associate Justice
Ethics, which we dismissed for lack of merit on September 15, 2002. We now adopt
the Courts findings of fact in the administrative case and rule that there was no grave
abuse of discretion on the part of Judge Mijares when she did not inhibit herself from
the trial of the case.
In a Motion for Inhibition, the movant must prove the ground for bias and
prejudice by clear and convincing evidence to disqualify a judge from participating in
a particular trial,[20] as voluntary inhibition is primarily a matter of conscience and
addressed to the sound discretion of the judge. The decision on whether she should
inhibit herself must be based on her rational and logical assessment of the
circumstances prevailing in the case before her.[21] Absent clear and convincing proof
of grave abuse of discretion on the part of the judge, this Court will rule in favor of
the presumption that official duty has been regularly performed.
MORAN, C.J.:
Teofilo Paar is charge in Manila with treason before the People's Court, and
prayed that he be assisted in his defense by Andres R. Camasura who is not
a member of the bar. The People's Court denied the petition, hence, this
action for mandamus.
It is clear form these provisions that in Manila where there are many
members of the bar, defendants in the People's Court may be assisted only
by members of the bar.
Petition denied, without costs.
Paras, Feria, Perfecto, Hilado, Bengzon, Briones, Padilla, and Tuason, JJ.,
concur.
MORAN, C.J.:
I certify that Mr. Justice Pablo concurs in this decision.
11
The weight of the reasons heretofore stated why a non-lawyer may not be
awarded attorney's fees should suffice to refute the possible argument that
appearances by non-lawyers before the Court of Industrial Relations should
be excepted on the ground that said court is a court of special jurisdiction;
such special jurisdiction does not weigh the aforesaid reasons and cannot
justify an exception.
The other issue in this case is whether or not a union may appeal an award
of attorney's fees which are deductible from the backpay of some of its
members. This issue arose because it was the union PAFLU, alone, that
moved for an extension of time to file the present petition for review; union
members Entila and Tenazas did not ask for extension but they were
included as petitioners in the present petition that was subsequently filed, it
being contended that, as to them (Entila and Tenazas), their inclusion in the
petition as co-petitioners was belated.
We hold that a union or legitimate labor organization may appeal an award
of attorney's fees which are deductible from the backpay of its members
because such union or labor organization is permitted to institute an action in
the industrial court, 12 on behalf of its members; and the union was
organized "for the promotion of the emloyees' moral, social and economic
well-being"; 13 hence, if an award is disadvantageous to its members, the
union may prosecute an appeal as an aggrieved party, under Section 6,
Republic Act 875, which provides:
Sec. 6. Unfair Labor Practice cases Appeals. Any
person aggrieved by any order of the Court may appeal to
the Supreme Court of the Philippines ...,
since more often than not the individual unionist is not in a position to bear
the financial burden of litigations.
Petitioners allege that respondent Muning is engaged in the habitual practice
of law before the Court of Industrial Relations, and many of them like him
who are not licensed to practice, registering their appearances as
"representatives" and appearing daily before the said court. If true, this is a
serious situation demanding corrective action that respondent court should
actively pursue and enforce by positive action to that purpose. But since this
matter was not brought in issue before the court a quo, it may not be taken
up in the present case. Petitioners, however, may file proper action against
the persons alleged to be illegally engaged in the practice of law.
WHEREFORE, the orders under review are hereby set aside insofar as they
awarded 10% of the backwages as attorney's fees for respondent Quintin
Muning. Said orders are affirmed in all other respects. Costs against
respondent Muning.
Concepcion, C.J., Makalintal, Zaldivar, Castro, Fernando, Teehankee,
Barredo, Villamor and Makasiar, JJ. concur.
PUNO, J.:
In this petition for certiorari, petitioner Kanlaon Construction Enterprises Co.,
Inc. seeks to annul the decision of respondent National Labor Relations
Commission, Fifth Division and remand the cases to the Arbitration Branch
for a retrial on the merits.
Petitioner is a domestic corporation engaged in the construction business
nationwide with principal office at No. 11 Yakan St., La Vista Subdivision,
Quezon City. In 1988, petitioner was contracted by the National Steel
Corporation to construct residential houses for its plant employees in
Steeltown, Sta. Elena, Iligan City. Private respondents were hired by
petitioner as laborers in the project and worked under the supervision of
Engineers Paulino Estacio and Mario Dulatre. In 1989, the project neared its
completion and petitioner started terminating the services of private
respondents and its other employees.
In 1990, private respondents filed separate complaints against petitioner
before Sub-Regional Arbitration Branch XII, Iligan City. Numbering forty-one
(41) in all, they claimed that petitioner paid them wages below the minimum
and sought payment of their salary differentials and thirteenth-month pay.
Engineers Estacio and Dulatre were named co-respondents.
Some of the cases were assigned to Labor Arbiter Guardson A. Siao while
the others were assigned to Labor Arbiter Nicodemus G. Palangan.
Summonses and notices of preliminary conference were issued and served
on the two engineers and petitioner through Engineer Estacio. The
preliminary conferences before the labor arbiters were attended by
Engineers Estacio and Dulatre and private respondents. At the conference
of June 11, 1990 before Arbiter Siao, Engineer Estacio admitted petitioner's
liability to private respondents and agreed to pay their wage differentials and
thirteenth-month pay on June 19, 1990. As a result of this agreement,
Engineer Estacio allegedly waived petitioner's right to file its position
paper. 1 Private respondents declared that they, too, were dispensing with
their position papers and were adopting their complaints as their position
paper. 2
On June 19, 1990, Engineer Estacio appeared but requested for another
week to settle the claims. Labor Arbiter Siao denied this request. On June
21, 1990, Arbiter Siao issued an order granting the complaint and directing
petitioner to pay private respondents' claims. Arbiter Siao held:
xxx xxx xxx
Considering the length of time that has elapsed since these cases
were filed, and what the complainants might think as to how this
branch operates and/or conducts its proceedings as they are now
restless, this Arbiter has no other alternative or recourse but to
order the respondent to pay the claims of the complainants, subject
of course to the computation of the Fiscal Examiner II of this
Branch pursuant to the oral manifestation of respondent. The
Supreme Court ruled: "Contracts though orally made are binding on
the parties." (Lao Sok v. Sabaysabay, 138 SCRA 134).
Similarly, this Branch would present in passing that "a court cannot
decide a case without facts either admitted or agreed upon by the
parties or proved by evidence." (Yu Chin Piao v. Lim Tuaco, 33
Phil. 92; Benedicto v. Yulo, 26 Phil. 160)
WHEREFORE, premises considered, the respondent is hereby
ordered to pay the individual claims of the above-named
SO ORDERED. 4
Petitioner appealed to respondent National Labor Relations Commission. It
alleged that it was denied due process and that Engineers Estacio and
Dulatre had no authority to represent and bind petitioner. Petitioner's appeal
was filed by one Atty. Arthur Abundiente.
In a decision dated April 27, 1992, respondent Commission affirmed the
orders of the Arbiters.
A non-lawyer may appear before the labor arbiters and the NLRC only if: (a)
he represents himself as a party to the case; (b) he represents an
organization or its members, with written authorization from them: or (c) he is
a duly-accredited member of any legal aid office duly recognized by the
Department of Justice or the Integrated Bar of the Philippines in cases
referred to by the latter. 11
Engineers Estacio and Dulatre were not lawyers. Neither were they dulyaccredited members of a legal aid office. Their appearance before the labor
arbiters in their capacity as parties to the cases was authorized under the
first exception to the rule. However, their appearance on behalf of petitioner
required written proof of authorization. It was incumbent upon the arbiters to
ascertain this authority especially since both engineers were named corespondents in the cases before the arbiters. Absent this authority, whatever
statements and declarations Engineer Estacio made before the arbiters
could not bind petitioner.
The appearance of Atty. Arthur Abundiente in the cases appealed to
respondent Commission did not cure Engineer Estacio's representation.
Atty. Abundiente, in the first place, had no authority to appear before the
respondent Commission. The appellants' brief he filed was verified by him,
not by petitioner. 12 Moreover, respondent Commission did not delve into the
merits of Atty. Abundiente's appeal and determine whether Engineer Estacio
was duly authorized to make such promise. It dismissed the appeal on the
ground that notices were served on petitioner and that the latter was
estopped from denying its promise to pay.
Nevertheless, even assuming that Engineer Estacio and Atty. Abundiente
were authorized to appear as representatives of petitioner, they could bind
the latter only in procedural matters before the arbiters and respondent
Commission. Petitioner's liability arose from Engineer Estacio's alleged
promise to pay. A promise to pay amounts to an offer to compromise and
requires a special power of attorney or the express consent of petitioner.
The authority to compromise cannot be lightly presumed and should be duly
established by evidence.13 This is explicit from Section 7 of Rule III of the
NLRC Rules of Procedure, viz:
Sec. 7. Authority to bind party. Attorneys and other
representatives of parties shall have authority to bind their clients in
all matters of procedure; but they cannot, without a special power of
attorney or express consent, enter into a compromise agreement
with the opposing party in full or partial discharge of a client's claim.
The promise to pay allegedly made by Engineer Estacio was made at the
preliminary conference and constituted an offer to settle the case amicably.
The promise to pay could not be presumed to be a single unilateral act,
contrary to the claim of the Solicitor General. 14 A defendant's promise to pay
and settle the plaintiff's claims ordinarily requires a reciprocal obligation from
the plaintiff to withdraw the complaint and discharge the defendant from
liability. 15 In effect, the offer to pay was an offer to compromise the cases.
In civil cases, an offer to compromise is not an admission of any liability, and
is not admissible in evidence against the offeror. 16 If this rule were
otherwise, no attempt to settle litigation could safely be made. 17 Settlement
of disputes by way of compromise is an accepted and desirable practice in
courts of law and administrative tribunals. 18 In fact, the Labor Code
mandates the labor arbiter to exert all efforts to enable the parties to arrive at
an amicable settlement of the dispute within his jurisdiction on or before the
first hearing. 19
Clearly, respondent Commission gravely abused its discretion in affirming
the decisions of the labor arbiters which were not only based on
unauthorized representations, but were also made in violation of petitioner's
right to due process.
Section 3 of Rule V of the NLRC Rules of Procedure provides:
Sec. 3. Submission of Position Papers/Memorandum. Should
the parties fail to agree upon an amicable settlement, in whole or in
part, during the conferences, the Labor Arbiter shall issue an order
stating therein the matters taken up and agreed upon during the
conferences and directing the parties to simultaneously file their
respective verified position papers
xxx xxx xxx
After petitioner's alleged representative failed to pay the workers' claims as
promised, Labor Arbiters Siao and Palangan did not order the parties to file
their respective position papers. The arbiters forthwith rendered a decision
on the merits without at least requiring private respondents to substantiate
their complaints. The parties may have earlier waived their right to file
position papers but petitioner's waiver was made by Engineer Estacio on the
premise that petitioner shall have paid and settled the claims of private
respondents at the scheduled conference. Since petitioner reneged on its
"promise," there was a failure to settle the case amicably. This should have
prompted the arbiters to order the parties to file their position papers.
Article 221 of the Labor Code mandates that in cases before labor arbiters
and respondent Commission, they "shall use every and all reasonable
means to ascertain the facts in each case speedily and objectively and
without regard to technicalities of law or procedure, all in the interest of due
process." The rule that respondent Commission and the Labor Arbiters are
not bound by technical rules of evidence and procedure should not be
interpreted so as to dispense with the fundamental and essential right of due
process. 20 And this right is satisfied, at the very least, 'when the parties are
given the opportunity to submit position papers. 21 Labor Arbiters Siao and
Palangan erred in dispensing with this requirement.
Indeed, the labor arbiters and the NLRC must not, at the expense of due
process, be the first to arbitrarily disregard specific provisions of the Rules
which are precisely intended to assist the parties in obtaining the just,
expeditious and inexpensive settlement of labor disputes. 22
IN VIEW WHEREOF, the petition for certiorari is granted. The decision of the
National Labor Relations Commission, Fifth Division, is annulled and set
aside and the case is remanded to the Regional Arbitration Branch, Iligan
City for further proceedings.
SO ORDERED.
Regalado and Torres, Jr., JJ., concur.
Mendoza, J., is on leave.
QUISUMBING, J.:
Before us is the Motion for Relief filed on January 17, 2002 by Espiridion
J. Dela Cruz, of Suite 416 William Liyao Bldg., Rizal Avenue, Manila, who
styles himself as counsel for petitioner Maximino B. Gamido. Two issues were
tendered during the hearing of said motion today, attended by Dela Cruz and
the counsels for respondent led by the Assistant Solicitor General Rodolfo
Urbiztondo, OSG, to wit:
1. Whether or not there has been a violation of the rule against
forum-shopping; and
2. Whether or not Espiridion J. Dela Cruz may appear as counsel
for petitioner in this case, considering allegations that he is not
a member of the Philippine Bar.
It appearing that earlier the petitioner himself filed under date of February
12, 2001, personally his Motion to Withdraw Petition, and that the Court in its
Resolution dated March 12, 2001, granted the withdrawal of his petition
for habeas corpus, the Court hereby RESOLVES that the instant Motion for
Relief, which was filed without authority of the petitioner and clearly without
merit, should be and is hereby DENIED.
Further, considering representations by the self-styled counsel for
petitioner that he, Espiridion J. Dela Cruz, is a lawyer with a law office bearing
his name at Suite 416 William Liyao Bldg., Rizal Avenue, Manila, and for this
purpose he used the title of attorney and indicated in his pleadings filed before
this Court an IBP number, which turned out to be spurious, it having been
shown and admitted by him that he is not a member of the Philippine Bar as
certified by the Office of the Bar Confidant, after he was made to show cause
why he should not be disciplinarily dealt with for appearing as counsel in this
case without license to practice law, and although he asked the Court for
forgiveness for the wrong he had done, the Court RESOLVED to declare
ESPIRIDION J. DELA CRUZ GUILTY of indirect contempt of this
Court. WHEREFORE, he is hereby sentenced to pay a FINE of TEN
THOUSAND PESOS (P10,000) within thirty days from notice hereof, OR
suffer IMPRISONMENT for a period of one month and one day to be served
at the National Bureau of Investigation (NBI) detention center, Taft Avenue,
Manila, with the warning that a repetition of the same or similar act would be
dealt with more severely.
SO ORDERED.
Bellosillo, (Chairman), Mendoza, and Corona, JJ., concur.
RESOLUTION
(OGCC) and the Commission on Audit (COA) gave their consent to the employment
REY J. VARGAS AND EDUARDO
A. PANES, JR.,
Complainants,
- versus -
of Atty. Ignes.[3] However, controversy later erupted when two (2) different groups,
Present:
herein referred to as the Dela Pea board and Yaphockun board, laid claim as the
On December 28, 2006, the members of the Dela Pea board filed Civil Case
No. 1793[4] for Injunction and Damages, seeking to annul the appointment of two (2)
directors, Joselito T. Reyes and Carlito Y. Uy, who will allegedly connive with
Promulgated:
July 5, 2010
Director Allan D. Yaphockun whose hostility to the present Board of Directors, the
Dela Pea board, is supposedly of public knowledge.
On January 18, 2007, the Dela Pea board also adopted Resolution No.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
RESOLUTION
VILLARAMA, JR., J.:
009[5]appointing respondents Atty. Rodolfo U. Viajar, Jr. and Atty. Leonard Buentipo
Mann as private collaborating counsels for all cases of KWD and its Board of
Directors, under the direct supervision and control of Atty. Ignes.
Subsequently, on February 9, 2007, Attys. Ignes, Viajar, Jr. and Mann filed SCA Case
on July 17, 2008 by the Board of Governors of the Integrated Bar of the Philippines
No. 50-24 for Indirect Contempt of Court[6] entitled Koronadal Water District (KWD),
(IBP) in CBD Case No. 07-1953. The IBP Board of Governors dismissed the
Cabucay, et al. On February 19, 2007, they also filed Civil Case No. 1799 for
Injunction and Damages[7] entitled Koronadal Water District (KWD), represented
Meanwhile, in Contract Review No. 079[9] dated February 16, 2007, the OGCC had
In his defense,[14] Atty. Mann stated that he and his fellow respondents can validly
approved the retainership contract of Atty. Benjamin B. Cuanan as new legal counsel
represent KWD until April 17, 2007 since Atty. Ignes was not notified of his contracts
of KWD and stated that the retainership contract of Atty. Ignes had expired
pre-termination. Atty. Mann also stated that he stopped representing KWD after April
17, 2007 in deference to the OGCCs stand. Attys. Ignes, Viajar, Jr. and Nadua echoed
Atty. Manns defense.[15]
In its letter[10] dated March 2, 2007, the OGCC also addressed Eleanor P. Gombas
insistence that the retainership contract of Atty. Ignes will expire on April 17,
On March 10, 2008, complainants filed a manifestation [16] before the IBP with the
2007.The OGCC stated that as stipulated, the KWD or OGCC may terminate the
following attachments: (1) the transcript of stenographic notes taken on January 28,
contract anytime without need of judicial action; that OGCCs grant of authority to
2008 in Civil Case No. 1799, and (2) the notice of appeal dated February 28, 2008 of
the January 7, 2008 Order dismissing Civil Case No. 1799. Aforesaid transcript
the termination of Atty. Igness contract was justified by the fact that the Local Water
showed that Atty. Ignes appeared as counsel of KWD and Ms. Gomba. He also signed
Utilities Administration had confirmed the Yaphockun board as the new Board of
Directors of KWD and that said board had terminated Atty. Igness services and
requested to hire another counsel.
Alleging that respondents acted as counsel for KWD without legal authority,
Commissioner held that Atty. Ignes had valid authority as counsel of KWD for one
complainants filed a disbarment complaint[11] against the respondents before the IBP
(1) year, from April 2006 to April 2007, and he was unaware of the pre-termination
of his contract when he filed pleadings in SCA Case No. 50-24 and Civil Case No.
1953.Complainants alleged that respondents filed SCA Case No. 50-24 and Civil Case
No. 1799 as counsels of KWD without legal authority. They likewise stated in their
position paper[12] that Atty. Ignes continued representing KWD even after the OGCC
had confirmed the expiration of Atty. Igness contract in its April 4, 2007
recommended that they be fined P5,000 each for appearing as attorneys for a party
Commissioner found that they failed to secure the conformity of the OGCC and COA
Cabucay.
After a careful study of the case and the parties submissions, we find respondents
administratively liable.
At the outset, we note that the parties do not dispute the need for OGCC and COA
conformity if a GOCC hires private lawyers. Nonetheless, we shall briefly recall the
legal basis of this rule. Under Section 10, Chapter 3, Title III, Book IV of
the case because respondents had no authority from the OGCC to file the complaints
the Administrative Code of 1987, it is the OGCC which shall act as the principal law
and appear as counsels of KWD in Civil Case No. 1799, SCA Case No. 50-24 and
office of all GOCCs. And Section 3 of Memorandum Circular No. 9,[19] issued by
Civil Case No. 1796-25. Complainants point out that the retainership contract of Atty.
President Estrada on August 27, 1998, enjoins GOCCs to refrain from hiring private
Ignes had expired on January 14, 2007; that the Notice of Appeal filed by Atty. Ignes,
lawyers or law firms to handle their cases and legal matters. But the same Section 3
et al. in Civil Case No. 1799 was denied per Order dated April 8, 2008 of the Regional
provides that in exceptional cases, the written conformity and acquiescence of the
Trial Court (RTC) for being filed by one not duly authorized by law; and that the
Solicitor General or the Government Corporate Counsel, as the case may be, and the
authority of Attys. Viajar, Jr. and Mann as collaborating counsels is infirm since
written concurrence of the COA shall first be secured before the hiring or employment
Resolution No. 009 of the Dela Pea board lacks the conformity of the OGCC.As a
Corporation,[20] we listed three (3) indispensable conditions before a GOCC can hire
a private lawyer: (1) private counsel can only be hired in exceptional cases; (2) the
GOCC must first secure the written conformity and acquiescence of the Solicitor
In his comment, Atty. Ignes admits that their authority to represent KWD had expired
General or the Government Corporate Counsel, as the case may be; and (3) the written
on April 17, 2007, but he and his fellow respondents stopped representing KWD after
that date. He submits that they are not guilty of appearing as counsels without
authority. In their comment, Attys. Viajar, Jr. and Nadua propound similar
arguments. They also say that their fees were paid from private funds of the members
KWD?
of the Dela Pea board and KWD personnel who might need legal representation, not
from the public coffers of KWD. In his own comment, Atty. Mann submits similar
We find that Attys. Nadua, Viajar, Jr. and Mann had no valid authority to appear as
arguments.
collaborating counsels of KWD in SCA Case No. 50-24 and Civil Case No.
1799.Nothing in the records shows that Atty. Nadua was engaged by KWD as
collaborating counsel. While the 4th Whereas Clause of Resolution No. 009 partly
the extremely urgent motion for the immediate return of the facilities of the KWD to
states that he and Atty. Ignes presently stand as KWD legal counsels, there is no proof
the KWD Arellano Office. The RTC was compelled to ask him why he seeks the
that the OGCC and COA approved Atty. Naduas engagement as legal counsel or
return of KWD properties if he filed the motion as counsel of Ms. Gomba.When the
collaborating counsel. Insofar as Attys. Viajar, Jr. and Mann are concerned, their
RTC noted that KWD does not appear to be a party to the motion, Atty. Ignes said
that KWD is represented by Ms. Gomba per the caption of the case. Atty. Ignes also
manifested that they will file a motion for reconsideration of the orders dismissing
Civil Case No. 1799 and Civil Case No. 1793. The RTC ruled that it will not accept
Attys. Nadua, Viajar, Jr. and Mann are in the same situation as the private counsel of
Phividec Industrial Authority in Phividec. In that case, we also ruled that said private
OGCC, but Atty. Ignes later filed a notice of appeal [23] dated February 28, 2008, in
Civil Case No. 1799. As the notice of appeal signed by Atty. Ignes was filed by one
(1) not duly authorized by law, the RTC, in its Order [24] dated April 8, 2008, denied
Memorandum Circular No. 9 were not complied with.[21] Thus, Resolution No. 009
did not grant authority to Attys. Nadua, Viajar, Jr. and Mann to act as collaborating
counsels of KWD. That Atty. Ignes was not notified of the pre-termination of his own
As we see it, Atty. Ignes portrayed that his appearance on January 28, 2008 was
merely as counsel of Ms. Gomba. He indicted himself, however, when he said that
Ms. Gomba represents KWD per the case title. In fact, the extremely urgent motion
sought the return of the facilities of KWD to its Arellano Office. Clearly, Atty. Ignes
In the case of Atty. Ignes, he also appeared as counsel of KWD without authority,
filed and argued a motion with the interest of KWD in mind. The notice of appeal in
after his authority as its counsel had expired. True, the OGCC and COA approved his
Civil Case No. 1799 further validates that Atty. Ignes still appeared as counsel of
retainership contract for one (1) year effective April 17, 2006. But even if we assume
KWD after his authority as counsel had expired. This fact was not lost on the RTC in
as true that he was not notified of the pre-termination of his contract, the records still
disprove his claim that he stopped representing KWD after April 17, 2007.
Now did respondents willfully appear as counsels of KWD without authority?
Atty. Ignes offered no rebuttal to the verified manifestation of complainants filed with
the IBP on March 10, 2008. Attached therein was the transcript of stenographic
notes[22] in Civil Case No. 1799 taken on January 28, 2008 when Atty. Ignes argued
admitted the existence of Memorandum Circular No. 9 and professed that they are
aware of our ruling in Phividec.[25] Thus, we entertain no doubt that they have full
grasp of our ruling therein that there are indispensable conditions before a GOCC can
them.Under Section 27, Rule 138 of the Rules of Court, a member of the bar may be
hire private counsel and that for non-compliance with the requirements set by
disbarred or suspended from his office as attorney by the Supreme Court for any
Memorandum Circular No. 9, the private counsel would have no authority to file a
complying with what the rule requires. They signed pleadings as counsels of
any violation of the oath which he is required to take before admission to practice, or
for a willful disobedience of any lawful order of a superior court, or for corruptly
Disbarment, however, is the most severe form of disciplinary sanction, and, as such,
question was actually raised earlier in Civil Case No. 1799 by virtue of an urgent
the power to disbar must always be exercised with great caution, and should be
motion to disqualify KWDs counsels[26] dated February 21, 2007 and during the
imposed only for the most imperative reasons and in clear cases of misconduct
hearing on February 23, 2007[27] respondents still filed the supplemental complaint in
affecting the standing and moral character of the lawyer as an officer of the court and
the case on March 9, 2007. And despite the pendency of this case before the IBP, Atty.
member of the bar. Accordingly, disbarment should not be decreed where any
Ignes had to be reminded by the RTC that he needs OGCC authority to file an intended
punishment less severe such as a reprimand, suspension or fine, would accomplish the
With the grain of evidence before us, we do not believe that respondents are innocent
of the charge even if they insist that the professional fees of Attys. Nadua, Viajar, Jr.
Administration, a GOCC, without any approval from the OGCC and COA.
and Mann, as collaborating counsels, were paid not from the public coffers of
KWD. To be sure, the facts were clear that they appeared as counsels of KWD without
authority, and not merely as counsels of the members of the Dela Pea board and KWD
personnel in their private suits.
On another matter, we note that respondents stopped short of fully narrating what had
happened after the RTC issued four (4) orders on March 24, 2007 and on April 13,
2007 in Civil Case No. 1799.[30] As willingly revealed by complainants, all four (4)
Present:
YNARES-SANTIAGO, J.,
Chairperson,
CHICO-NAZARIO,
VELASCO, JR.,
NACHURA, and
PERALTA, JJ.
- versus -
2008-335 passed on July 17, 2008 by the IBP Board of Governors in CBD Case No.
07-1953 is REVERSED and SET ASIDE.
Promulgated:
June 16, 2009
Jr., and John Rangal D. Nadua are found GUILTY of willfully appearing as attorneys
for a party to a case without authority to do so and FINED P5,000 each, payable to
this Court within ten (10) days from notice of this Resolution. They are STERNLY
WARNED that a similar offense in the future will be dealt with more severely.
Let a copy of this Resolution be attached to respondents personal records in the Office
x-----------------------------------------------------------------------------------------x
SO ORDERED.
RESOLUTION
NACHURA, J.:
This petition for review on certiorari seeks the review of the Decision[1] of
MARTIN S. VILLARAMA, JR.
Associate Justice
the Court of Appeals (CA) dated February 6, 2007 in CAG.R. CV No. 83994 which
set aside the dismissal of a complaint for declaration of nullity of contract,
cancellation of title, reconveyance and damages.
Respondents opposed the motion, arguing that the motion had been filed beyond the
Gutierrez de Mendoza and Elena G. Garcia, through their counsel, Atty. Adriano B.
period for filing an Answer, that the RTC had jurisdiction over the case based on the
Magbitang, filed with the Regional Trial Court (RTC) of Gapan, Nueva Ecija, a
allegations in the complaint, and that the DARAB had no jurisdiction since the parties
In an Order[2] dated October 24, 2002, the RTC granted the petitioners
motion and dismissed the complaint for lack of jurisdiction. The RTC held that the
DARAB had jurisdiction, since the subject property was under the CARP, some
portions of it were covered by registered CLOAs, and there was prima facie showing
appear that Maximo Gutierrez executed a Deed of Sale on July 21, 1978 when, in
of tenancy. [3]
truth, he died on April 25, 1977. As a result, TCT No. NT-123790 was cancelled and
a new one, TCT No. NT-188664, was issued in the name of petitioners. Based on the
notation at the back of the certificate of title, portions of the property were brought
under the Comprehensive Agrarian Reform Program (CARP) and awarded to Lorna
Padilla, Elenita Nuega and Suzette Nuega who were issued Certificates of Land
Ownership Award (CLOAs).
Atty. Magbitang filed a Notice of Appeal[5] with the RTC, which gave due
course to the same.[6] The records reveal that on December 15, 2003, respondent Elena
G. Garcia wrote a letter to Judge Arturo M. Bernardo, Acting Judge of RTC Gapan,
In their defense, petitioners averred that respondents were not the real
Branch 87, stating that they were surprised to receive a communication from the court
parties in interest, that the Deed of Sale was regularly executed before a notary public,
informing them that their notice of appeal was ready for disposition. She also stated
that they were possessors in good faith, and that the action had prescribed.
in the letter that there was no formal agreement with Atty. Magbitang as to whether
they would pursue an appeal with the CA, because one of the plaintiffs was still
On the day set for the presentation of the respondents (plaintiffs) evidence,
in America.[7]
petitioners filed a Motion to Dismiss, assailing the jurisdiction of the RTC over the
subject matter of the case. Petitioners contended that the Department of Agrarian
Reform Adjudication Board (DARAB), not the RTC, had jurisdiction since the
subject land was covered by the CARP, and CLOAs had been awarded to tenants.
The CA concluded that the dispute between the parties was purely civil, not
agrarian, in nature. According to the CA, the allegations in the complaint revealed that
the principal relief sought was the nullification of the purported deed of sale and
The CA did not err in giving due course to the appeal, on both procedural
and substantive grounds.
reconveyance of the subject property. It also noted that there was no tenurial,
leasehold, or any other agrarian relations between the parties.
A reading of respondent Elena Garcias letter to the RTC would show that
she did not actually withdraw Atty. Magbitangs authority to represent respondents in
Thus, this petition, raising the following issues for the resolution of this
Court:
the case. The letter merely stated that there was, as yet, no agreement that they would
pursue an appeal.
first appearance and validates the action taken by him.[10] Implied ratification may
the case was finally elevated to the CA means that they have acquiesced to the filing
of the appeal.
The CA was likewise correct in holding that the case is within the
indispensable elements of a tenancy relationship, to wit: (1) that the parties are the
landowner and the tenant or agricultural lessee; (2) that the subject matter of the
relationship is an agricultural land; (3) that there is consent between the parties to the
relationship; (4) that the purpose of the relationship is to bring about agricultural
production; (5) that there is personal cultivation on the part of the tenant or agricultural
lessee; and (6) that the harvest is shared between the landowner and the tenant or
agricultural
respondents, suffice it to state that the requirements in Section 13, Rule 44 are
intended to aid the appellate court in arriving at a just and proper resolution of the
case. Obviously, the CA found the appellants brief sufficient in form and substance
as the appellate court was able to arrive at a just decision. We have repeatedly held
that technical and procedural rules are intended to help secure, not to suppress,
substantial justice. A deviation from a rigid enforcement of the rules may, thus, be
allowed in order to attain this prime objective for, after all, the dispensation of justice
is the core reason for the existence of courts.[16]
lessee.[14]
WHEREFORE, premises considered, the petition is DENIED. The Court
Respondents complaint did not contain any allegation that would, even
in the slightest, imply that there was a tenancy relation between them and the
SO ORDERED.
petitioners. We are in full agreement with the following findings of the CA on this
point:
WILFREDO M. CATU,
Complainant,
Present:
Thereafter, Regina and Antonio filed a complaint for ejectment against Elizabeth and
Pastor in the Metropolitan Trial Court of Manila, Branch 11. Respondent entered his
-versus
appearance as counsel for the defendants in that case. Because of this, complainant
ATTY. VICENTE G. RELLOSA,
Respondent.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
defendants despite the fact that he presided over the conciliation proceedings between
RESOLUTION
CORONA, J.:
In his defense, respondent claimed that one of his duties as punong barangay was to
Complainant Wilfredo M. Catu is a co-owner of a lot[1] and the building erected
thereon located at 959 San Andres Street, Malate, Manila. His mother and brother,
the complaint of Regina and Antonio against Elizabeth and Pastor. As head of
Regina Catu and Antonio Catu, contested the possession of Elizabeth C. Diaz-
the Lupon, he performed his task with utmost objectivity, without bias or partiality
Catu[2] and Antonio Pastor[3] of one of the units in the building. The latter ignored
towards any of the parties. The parties, however, were not able to amicably settle their
demands for them to vacate the premises. Thus, a complaint was initiated against them
dispute and Regina and Antonio filed the ejectment case. It was then that Elizabeth
sought his legal assistance. He acceded to her request. He handled her case for free
because she was financially distressed and he wanted to prevent the commission of a
The complaint was referred to the Integrated Bar of the Philippines (IBP) for
respondent issued a certification for the filing of the appropriate action in court.
investigation, report and recommendation. As there was no factual issue to thresh out,
the IBPs Commission on Bar Discipline (CBD) required the parties to submit their
respective position papers. After evaluating the contentions of the parties, the IBPCBD found sufficient ground to discipline respondent.[7]
he presided over the conciliation proceedings and heard the complaint of Regina and
Antonio against Elizabeth and Pastor. Subsequently, however, he represented
Elizabeth and Pastor in the ejectment case filed against them by Regina and Antonio.
suspension from the practice of law for one month with a stern warning that the
In the course thereof, he prepared and signed pleadings including the answer with
commission of the same or similar act will be dealt with more severely. [9] This was
adopted and approved by the IBP Board of Governors.[10]
Respondent cannot be found liable for violation of Rule 6.03 of the Code of
Professional Responsibility. As worded, that Rule applies only to a lawyer who
has left government service and in connection with any matter in which he intervened
while in said service. In PCGG v. Sandiganbayan,[11] we ruled that Rule
6.03 prohibits former government lawyers from accepting engagement or
employment in connection with any matter in which [they] had intervened while in
said service.
authorized by the Constitution or law, provided that such practice will not conflict or
profession by elective local officials. As a special law with a definite scope (that is,
tend to conflict with their official functions. This is the general law which applies to
Section 7(b)(2) of RA 6713, the general law on engaging in the private practice of
or teach in schools outside their session hours. Unlike governors, city mayors and
the
other
hand,
members
of
the
sangguniang
twice a month.[16]
The failure of respondent to comply with Section 12, Rule XVIII of the Revised Civil
Service Rules constitutes a violation of his oath as a lawyer: to obey the laws. Lawyers
A civil service officer or employee whose responsibilities do not require his time to
are servants of the law, vires legis, men of the law. Their paramount duty to society is
be fully at the disposal of the government can engage in the private practice of law
to obey the law and promote respect for it. To underscore the primacy and importance
only with the written permission of the head of the department concerned.[17]Section
Responsibility.
In acting as counsel for a party without first securing the required written permission,
respondent not only engaged in the unauthorized practice of law but also violated civil
service rules which is a breach of Rule 1.01 of the Code of Professional
Responsibility:
Rule 1.01 A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct. (emphasis supplied)
For not living up to his oath as well as for not complying with the exacting ethical
therefore SUSPENDEDfrom the practice of law for a period of six months effective
standards of the legal profession, respondent failed to comply with Canon 7 of the
from his receipt of this resolution. He is sternly WARNED that any repetition of
Respondent is strongly advised to look up and take to heart the meaning of the
word delicadeza.
Let a copy of this resolution be furnished the Office of the Bar Confidant and entered
into the records of respondent Atty. Vicente G. Rellosa. The Office of the Court
disregards legal ethics and disgraces the dignity of the legal profession.
Administrator shall furnish copies to all the courts of the land for their information
Public confidence in the law and in lawyers may be eroded by the
and guidance.
irresponsible and improper conduct of a member of the bar.[18] Every lawyer should
act and comport himself in a manner that promotes public confidence in the integrity
SO ORDERED.
1.01
of
the
Code
of
Professional
Responsibility.
He
is
RENATO C. CORONA
Associate Justice
Indubitably, therefore, Rada has violated the civil service rule prohibiting
government employees from engaging directly in a private business,
vocation or profession or being connected with any commercial, credit,
agricultural or industrial undertaking without a written permission from the
head of the Department. But, indubitably, also, his private business
connection has not resulted in any prejudice to the Government service.
Thus, his violation of the rule the lack of prior permission is a technical
one, and he should be meted no more than the minimum imposable penalty,
which is reprimand.
CASTRO, J.:
Moises R. Rada a messenger in the Court of First Instance of Camarines
Norte, Branch II, is charged with a violation of Section 12 of Civil Service
Rule XVIII, which provides as follows:
Sec. 12. No officer or employee shall engage directly in
any private business, vocation, or profession or be
connected with any commercial, credit, agricultural or
industrial undertaking without a written permission from
the head of Department: Provided, That this prohibition will
be absolute in the case of those officers and employees
whose duties and responsibilities require that their entire
time be at the disposal of the Government:....
From the respondent Rada's letters of explanation and their annexes, dated
December 16, 1973 and June 27, 1974, respectively, and the letter and its
annexes, dated August 12, 1974, filed by the complainant Rene P. Ramos,
by way of rejoinder to Rada's explanation, undisputed fundamental facts
emerge that justify us in dispensing with a full-blown investigation of this
administrative case.
The respondent Rada receives a monthly salary of P267.75. On December
15, 1972 he was extended an appointment by the Avesco Marketing
Corporation, thru its president, Jimmy Tang, as representative to manage
and supervise real properties situated in Camarines Norte which were
foreclosed by the corporation. Rada accepted the appointment and
discharged his duties as administrator. The administrative complaint against
Rada was filed with the Department of Justice on October 3, 1973. He
requested permission to accept the appointment on October 27, 1973. It is
not indicated that his acceptance and discharge of the duties of the position
of administrator has at all impaired his efficiency as messenger; nor has it
been shown that he did not observe regular office hours.
The duties of messenger Rada are generally ministerial which do not require
that his entire day of 24 hours be at the disposal of the Government. Such
being his situation, it would be to stifle his willingness to apply himself to a
productive endeavor to augment his income, and to award a premium for
slothfulness if he were to be banned from engaging in or being connected
with a private undertaking outside of office hours and without foreseeable
detriment to the Government service. His connection with Avesco Marketing
Corporation need not be terminated, but he must secure a written
permission from the Executive Judge of the Court of First Instance of
Camarines Norte, who is hereby authorized to grant or revoke such
permission, under such terms and conditions as will safeguard the best
interests of the service, in general, and the court, in particular.
ACCORDINGLY, the respondent Moises R. Rada is adjudged guilty of a
technical violation of Section 12 of Civil Service Rule XVIII, for which he is
hereby reprimanded. He may however apply, if he so desires, for permission
to resume his business connection with the corporation, in the manner
above indicated.
Makasiar, Esguerra, Muoz Palma and Martin, JJ., concur.
Teehankee, J., is on leave.
BARREDO, J.:
Administrative complaint against Felicisimo Malinao court interpreter of the
Court of First Instance of Catbalogan, Samar charging as follows:
l ILLEGALLY APPEARING IN COURT. MR. Malinao
has been appearing in the municipal court of this town for
parties like attorney when he is not an attorney. Reliable
information also says he has been appearing in the
municipal courts of Daram, Zumarraga, Talalora and even
Sta. Rita. He is not authorized to do so we believe. He
makes it his means of livelihood as he collects fees from
his clients. He competes with attorneys but does not pay
anything. We believe that his doing so should be stopped
for a good government. These facts can be checked with
records of those municipal courts.
2 GRAVE MISCONDUCT IN OFFICE. Being
employed in the Court of First Instance he would instigate
persons, especially in his barrio to grab land rob or coerce.
In fact he has cases in the municipal court in this town
involving himself and his men. He incite them telling them
not to be afraid as he is a court employee and has
influence over the judges. Those persons being ignorant
would believe him and so would commit crimes. This act
of Mr. Malinao is contrary to good order and peace as he
is using his supposed influences to urge persons to
commit crimes.
3 CRIME OF FALSIFICATION. Information has it
that he is unfaithfully filing his time record in the CFI. Even
he has been out practicing in the municipal courts
sometimes he would fill his time record as present. He
receives salary for those absent days. This can be
court or investigative body wherein Only members of the bar are allowed to
practice.
WHEREFORE, respondent Felicisimo Malinao is hereby ordered dismissed
from his position as interpreter in the Court of First Instance, CFI,
Zumarraga, Western Samar with prejudice to reemployment in the judicial
branch of the government.
Castro, C.J., Fernando, Teehankee, Makasiar, Antonio, Aquino,
Concepcion, Jr., Santos, Fernandez and Guerrero, JJ., concur.
prosecution failed to prove their guilt beyond reasonable doubt for the
following reasons:
a)The pieces of documentary evidence submitted by the prosecution were
inadmissible incourt;
b)The object evidence consisting of the allegedly misdeclared goods were
not presented as evidence; and
c)None of the witnesses for the prosecution made a positive identification of
the two accused as the ones responsible for the supposed misdeclaration.
Despite opposition, the CTA dismissed the caseagainst Garcia and Vestidas
Jr.in its March 26, 2013 Resolution, for failure of the prosecution to establish
theirguilt beyond reasonable doubt.
According to the CTA, "no proof whatsoever was presented by the
prosecution showing that the certified true copies of the public documents
offered in evidence against both accused were in fact issued by thelegal
custodians."8 It cited Section 26, Rule 132 of the Revised Rules of Court,
whichprovidesthat"when the original of a document is a public record, it
should not generally be removed from the office or place in which it is
kept."9 As stated in Section 7, Rule 130,10 its contents may be proven using
secondary evidence and such evidence may pertain to the certified true copy
of the original document issued by the public officer in custody
thereof.Hence, the CTA wrotethat the certified true copiesof the public
documents offered in evidence should have been presented in court.
Anent its offer of private documents,11 the prosecution likewise failed to
comply with Section 27, Rule 132 of the Rules of Court, which reads, "[a]n
authorized public record of a private document may be proved by the original
record, or by a copy thereof, attested by the legal custodian of the record,
with an appropriate certificate that such officer has the custody." Considering
that the private documents were submitted and filed with the BOC, the same
became part of public records. Again, the records show that the prosecution
failed to present the certified true copies of thedocuments.
The CTA noted that,in its Opposition to the Demurrer,the prosecution even
admitted that none of their witnesses ever positively identified the accused in
open court and that the alleged misdeclared goods were not competently
and properly identified in court by any of the prosecution witnesses.
The prosecution filed its motion for reconsideration, but it was deniedby the
CTAin its May 15, 2013 Resolution, stressing, among others, that to grant it
would place the accused in double jeopardy.12
On July 24, 2013, the Run After the Smugglers (RATS) Group, Revenue
Collection Monitoring Group (RCMG), as counsel for the BOC, received a
copy of the July 15, 2013 Resolution of the CTA ordering the entry of
judgment in the case.
Hence,this petition for certiorari, ascribing grave abuse of discretion on the
part of theCTA when in ruled that: 1) the pieces of documentary evidence
submitted by the prosecution were inadmissible in evidence; 2) the object
evidence consisting of the alleged misdeclared goods were not presented as
evidence; and 3) the witnesses failed to positively identifythe accused as
responsible forthe misdeclaration of goods.
The Court agrees with the disposition of the CTA.
At the outset, it should be noted that the petition was filed beyond the
reglementary periodfor the filingthereof under Rule 65. The petition itself
statedthat a copy of the May 15, 2013 Resolution was received by the BOC
two (2) days after its promulgation, or on May 17, 2013. Nonetheless, the
RATS was only alerted by the developments in the case on July 24, 2013,
when Atty. Danilo M. Campos Jr. (Atty. Campos) received the July 15, 2013
Resolution of the CTA ordering the entry of judgment in the case,
considering that no appeal was taken by any of the parties. According toAtty.
Campos, it was only on that occasion when he discovered the May 15, 2013
Resolution of the CTA.Thus, it was prayed that the petitionbe given due
course despite its late filing.
This belated filing cannot be countenanced by the Court.
Section 4, Rule 65 of the 1997 Rules of Civil Procedureis explicit in stating
thatcertiorarishould be instituted within a period of 60 days from notice of the
judgment, orderor resolution sought to be assailed. The 60-day period is
inextendible to avoid any unreasonable delay that would violate the
constitutional rights of parties to a speedy disposition of their case. 13 While
there are recognized exceptions14 to such strict observance, there should be
an effort on the part of the party invoking liberality to advance a reasonable
or meritorious explanation for his/her failure to comply with the rules. 15
In the case at bench, no convincing justification for the belated filing of the
petition was advanced to warrant the relaxation of the Rules.Notably, the
records show that the petition was filedonly on August 12, 2013, or almost a
month late from the due date which fell on July 16, 2013. To excuse this
grave procedural lapse will not only be unfairto the other party, but it will also
sanction a seeming rudimentary attempt to circumvent standing rules of
procedure. Suffice it to say, the reasons proffered by the petitioner do not
carry even a tinge of merit that would deserve leniency.
The late filing of the petition was borne out of the petitioners failure to
monitor incoming court processes that neededto be addressed by the office.
Clearly, this is an admission of inefficiency, if not lack of zeal, on the part of
an office tasked toeffectively curb smuggling activities which rob the
government of millions of revenue every year.
The display of patent violations of even the elementary rules leads the Court
to suspectthat the case against Garcia and Vestidas Jr. was doomed by
designfrom the start. The failure to present the certified true copies of
documentary evidence; the failure to competently and properly identify the
misdeclared goods; the failure to identify the accused in court; and,worse,
the failure to file this petition on time challenging a judgment of acquittal, are
tell-tale signs ofa reluctantand subduedattitude in pursuing the case. This
stance taken by the lawyers in government service rouses the Courts
vigilance against inefficiency in the administration of justice. Verily, the
lawyersrepresenting the offices under the executive branchshould be
reminded that theystill remain as officers of the courtfrom whom a high
sense of competence and fervor is expected. The Courtwill not close its eyes
to this sense of apathy in RATS lawyers, lest the governments goal of
revenue enhancement continues to suffer the blows of smuggling and similar
activities.
Even the error committed by the RATS in filing a motion for reconsideration
with the CTA displays gross ignorance as to the effects of an acquittal in a
criminal case and the constitutional proscription on double jeopardy. Had the
RATS been eager and keen in prosecuting the respondents, it would have,
in the first place, presented its evidence with the CTA in strict compliance
with the Rules.
In any case, even if the Court decides to suspend the rules and permit this
recourse, the end result would remain the same. While a judgment of
acquittal in a criminal case may be assailed in a petition for certiorari under
Rule 65 of the Rules of Court,it must be shown that there was grave abuse
of discretion amounting to lack or excess of jurisdiction or a denial of due
On the question whether petitioners present petition was filed within the
15-day period provided under Rule 139-B, 12(c), although the records show
that it was filed on June 4, 1999, respondent has not shown when petitioner
received a copy of the resolution of the IBP Board of Governors denying his
motion for reconsideration. It would appear, however, that the petition was
filed on time because a copy of the resolution personally served on the Office
of the Bar Confidant of this Court was received by it on May 18, 1999. Since
copies of IBP resolutions are sent to the parties by mail, it is possible that the
copy sent to petitioner was received by him later than May 18, 1999.Hence, it
may be assumed that his present petition was filed within 15 days from his
receipt of the IBP resolution. In any event, the burden was on respondent, as
the moving party, to show that the petition in this case was filed beyond the
15-day period for filing it.
Even assuming that petitioner received the IBP resolution in question on
May 18, 1999, i.e., on the same date a copy of the same was received by the
Office of the Bar Confidant, the delay would only be two days.[8] The delay
may be overlooked, considering the merit of this case. Disbarment
proceedings are undertaken solely for public welfare.The sole question for
determination is whether a member of the bar is fit to be allowed the privileges
as such or not. The complainant or the person who called the attention of the
Court to the attorneys alleged misconduct is in no sense a party, and generally
has no interest in the outcome except as all good citizens may have in the
proper administration of justice.[9] For this reason, laws dealing with double
jeopardy[10] or prescription[11] or with procedure like verification of
pleadings[12] and prejudicial questions[13] have no application to disbarment
proceedings.
Even in ordinary civil actions, the period for perfecting appeals is relaxed
in the interest of justice and equity where the appealed case is clearly
meritorious. Thus, we have given due course to appeals even though filed
six,[14] four,[15] and three[16] days late.In this case, the petition is clearly
meritorious.
Second. The IBP recommends the dismissal of petitioners complaint on
the basis of the following: (1) respondents had no involvement in the tabulation
of the election returns, because when the Statements of Votes (SoVs) were
given to them, such had already been accomplished and only needed their
respective signatures; (2) the canvassing was done in the presence of
watchers, representatives of the political parties, the media, and the general
public so that respondents would not have risked the commission of any
irregularity; and (3) the acts dealt with in R.A. No. 6646, 27(b) are mala in
se and not mala prohibita, and petitioner failed to establish criminal intent on
the part of respondents.[17]
Eladio Ramos giving the latter authority to encumber, mortgage and transfer
in favor of any person a parcel of land situated in Bayambang, Pangasinan.
On August 9, 1934, by virtue of the power of attorney abovementioned,
Eladio Ramos executed in favor of one Romualdo Rivera a mortgage on
therefore said property. Together with another parcel of land, to guarantee
the payment of loan of 300, with interest thereon at the rate of 12% per
annum. When Eladio Ramos failed to pay the obligation on its date of
maturity, Romualdo Rivera, the mortgage, filed an action to foreclosure the
mortgage, making as parties-defendants the herein petitioners, brothers and
sisters of Eladio Ramos (civil case No. 7668). The summons was served
only upon Eladio Ramos, who acknowledge the service in his own behalf
and in that services of Attorney Lauro C. Maiquez, who put in his
appearance for all the defendants, and submitted an answer in their behalf.
After trial, at which both parties presented their evidence, the court rendered
decision ordering Eladio Ramos to pay to the plaintiff his obligation of 300,
with interest thereon at the rate of 12 per cent per annum, from August 9,
1934, until its full payment, plus the sum of 100 as attorney's fees, and
ordering the foreclosure of the mortgage upon failure of Eladio Ramos to pay
the judgment within ninety (90) days from the date the decision becomes
final. The decision was rendered on August 24, 1939. As Eladio Ramos
failed to pay the judgment within the period therein specified, on motion of
the plaintiff, the court ordered the sale at public auction of the mortgaged
properties, which were sold to the plaintiff as the highest bidder and the
provincial sheriff issued the corresponding deed of the sale in his favor. The
sale was confirmed by the court on April 1, 1941. On August 21, 1947,
Romualdo Rivera sold the properties to Felipa Lopez, who later filed a
motion praying that she be placed in possession thereof. This motion was
granted on September 22, 1947. As the petitioners did not heed the order,
they were summoned by the court to explain why they should no be
punished for contempt for their refusal to comply with the writ of possession,
to which they answered contending that said writ partakes of the nature of
an action and as it was issued after more than five years, the court acted in
excess of its jurisdiction, and that the sale conducted by the sheriff was
illegal because petitioners were not properly served with summons as
defendants in the foreclosure suit. The explanation given by petitioners
having been found to be unsatisfactory, the court insisted in its order and
threatened to punish the petitioners as for contempt of court if they failed to
obey the order. Hence this petition for certiorari.
The issues posed by the petitioners relate (1) to the validity of the decision
rendered by the lower court on August 24, 1939, in civil case No. 7668,
ordering the foreclosure of the mortgage excluded by Eladio Ramos on the
properties in question; and (2) to the validity of the order of the court dated
September 22, 1947, directing the issuance of a writ of possession to place
purchaser, and the latter will not be driven to an action at law to obtain
possession. The power of the court to issue a process and place the
purchaser in possession, is said to rest upon the ground that it has power to
enforce its own decrees and thus avoid circuitous action and vexatious
litigation (Rovero de Ortega vs. Natividad, 71 Phil., 340).
It has also been held:
In a foreclosure suit, where no third person not a party thereto
intervenes and the debtor continues in possession of the real
property mortgaged, a writ of possession is a necessary remedy to
put an end to the litigation, inasmuch as section 257 of the Code of
Civil Procedure (now section 3, Rule 70 of the Rules of Court)
provides that the confirmation of the sale by judicial decree
operates to divest all the parties to the action of their respective
rights and vests them in the purchaser. According to this legal
provision, it is the duty of the competent court to issue a writ so that
the purchaser may be placed in the possession of the property
which he purchased at the public auction sale and become his by
virtue of the final decree confirming the sale. (Rivera vs. Rupac, 61
Phil., 201). Emphasis supplied.
The following American authorities may also be involved in support of the
order of the lower court:
A court of equity, having obtained jurisdiction in action for the
foreclosure of the mortgage, and having decreed a sale of the
premises, RETAINS its jurisdiction and has authority to put the
purchaser in possession of the property, without compelling him to
resort to an action of law. (27 Cyc., 1937; 42 C. J., 271 and cases
there cited.) (Bold types and emphasis supplied).
. . . It does not appear to consist with sound principle that the court
which has exclusive authority to foreclosure the equity of
redemption of a mortgagor, and can call all the parties in interest
before it, and decree a sale of the mortgaged premises, should not
be able even to put the purchaser into possession against one of
the very parties to the suit, and who is bound by the decree. When
the court has obtained jurisdiction of a case, and has investigated
and decided upon the merits, it is not sufficient for the ends of
justice merely to declare the right without affording the remedy. If it
was to be understood that after a decree and sale mortgaged
premises, the mortgagor, or other party to the suit, or perhaps,
xxx
xxx
xxx
xxx
The validity of the lower court's order that is the subject of the present
proceeding is not attacked on the ground of lack of authority of the court to
punish for contempt for their refusal to quit lands; but this Court's decision in
keeping silent on this vital point could or would, be construed as a green
light signal for the respondent Judge to proceed with the enforcement of his
said order with all it's intended ramifications.
I do not believe that the petitioners' action is punishable as for contempt on
another ground. Although they were included as parties defendants in the
foreclosure suit, yet the dispositive part of the judgment imposes no duty on
them either to pay the mortgaged debt or to make delivery of the mortgaged
property. As was said in U.S. vs. Ramayrat, supra, "the disobedience
contemplated by Art. 232 of the Code of Civil Procedure consist in the failure
or refusal to obey a direct judicial order and not an order which is merely
declaratory of the rights of the parties."
EN BANC
[Adm. Case No. 98. July 13, 1953.]
PAUL M. :
In administrative case No. 35, the defendant was suspended for
malpractice in the exercise of his profession of lawyer for a period
of five years from November 9, 1949. The defendant admits this
suspension in his written report filed on 17 Of March 1951; yet he
continued exercising the profession within the period of the
suspension, November 9, 1949 November 8, 1954.
On February 28, 1950 the Respondent submitted a claim (Exhibit
J) in the cause CA GR No. 4792 -R, Tan Tek Sy v. Maliwanag, not
as a lawyer for Tan Tek Sy, but with the following words: "for and
on behalf of Tan Tek Sy"; On January 26, 1951, it was sent by
certified mail notification of the decision in said case (Exhibit G),
confirming the decision of the Court of First Instance; on March
13, 1951 I filed a motion in this court - returned and the record -
"TEK SO IF
" By (Sgd.) FELIX DAVID P.,
"c / o Atty. Felix P. David,
" Corner Dagupan and Azcarraga St.,
"Saw Mill & Construction Philippines,
" Manila "
the present resorted therefore written not as often practicing
lawyers do, but as an agent Sy Tan Tek.
in the civil case No. 3658 of the Court of First Instance of Manila,
entitled Malayan Saw Mill, Inc. against Tolentino, the respondent
filed a brief in September 25 1950, calling for an order to demolish
the defendants' homes (Exhibit A), and on October 10, 1950, I
filed a motion asking that the Sheriff of Manila be authorized to
pay "the amount or such other amount as may be collected by the
Sheriff from time to time "(Exhibit B), on November 13, 1950 filed
another motion (Exhibit C) requesting another demolition order,
signing the three briefs, Exhibits A, B and C, as plaintiff's
attorney; Exhibits B to B-34 show that he was receiving payments
of amounts from several defendants as plaintiff's attorney; the
oldest receipt is dated February 12, 1950 and the last on
December 7, 1950.
In defense resorted appeared as attorney says Tan Tek Sy from
the Municipal Court of Manila in 1948; That when he was
suspended he had advised his client to seek another lawyer to
prepare the case to be presented to the Court of Appeal; That
when there were no more than two or three days and his client
could not present it, he himself wrote it and presented it at the
request of his client; That he prepared the plea with the intention
of his client signing it, but since he was in Dagupan and could not
sign it and there was only one day left, then he signed it as
follows: "Felix P. David, For and on behalf of the appellee. " On
"In order," says the respondent, "to show that I did not have the
intention to disregard the suspension of the Supreme Court, I did
not have the knowledge of Tan Tek and even identified myself as
the attorney for the appellee but in good faith, I signed for and on
behalf of the appellee without designating that I am practicing the
attorney-at-law. " cralaw virtua1aw library
do not think this justified the performance of the resorted to
submit the claim and its memorandum on behalf of his client being
suspended in the exercise of their profession; Knowing that he was
suspended, should not have presented them neither as an agent
nor as a lawyer; Was obliged not to continue serving his client
before the Court of Appeal; Had to warn his client that he was
suspended in the exercise of his profession of lawyer and should
advise him to employ another in his place if he wanted to have
representation; Should not contravene the express order of this
Court; He should have known that a non-practicing lawyer can not
be heard by a litigant before a court except before a court of
law. In presenting his plea and memorandum with the words "For
and on behalf of the Appellee" he infringed Article 31 of Rule 127
which provides that "In other courts, a party may conduct its own
litigation either personally or with the assistance of An attorney,
and his appearance shall be made personally or through a duly
authorized member of the Forum. " An agent or a member of the
suspended Forum can not appear for a litigant.
In order to explain the motions in case No. 3655, Malayan Saw
Mill, Inc. v. Tolentino, the respondent states that I am acting in
good faith, that I present them not to disobey the decision of this
Court but to be able to collect its fees. As an officer of the Forum,
the lawyer must comply with the decision of this Court over any
other consideration. We believe that it is not a work of good faith
that, putting its interest in the collection of its fees, exercises the
profession knowing that it was forbidden to exercise it. Even if he
had not filed his motions on exhibits A, B and C and issued
receipts B to B-34 for amounts collected from the defendants, the
defendant could have collected his fees, either claiming directly
from his client, already claiming them according to the article Rule
33 127.
the appeal says that if appeared before March 2, 1950 in case No.
7679 of the Court of First Instance of Manila, Juan de la Torre
against Philippine Trust Co., was by request of his brother John's
Torre and also he did not charge fees for his appearance because
he knew that he was suspended in the exercise of the
profession. Even if this appearance were not taken into account,
the respondent can not be saved because he / she has lent the
various professional services already reported.
To practice the profession of lawyer is to practice the acts of that
profession. The preparation and filing of motions requesting the
execution of the sentence, the demolition of the defendants'
houses, asking the court to order the Sheriff to deliver the
amounts collected, are acts that are part of the practice of the
profession of advocacy; The filing and memorandum before the
Court of Appeal is to practice the profession of lawyer, because an
agent can not do it; Collecting rents from the 109 defendants by
issuing 35 receipts and signing them as attorney for the plaintiff, is
to practice the profession.
The fact that he had not put in motion his order to execute
Malayan Saw Mill, Inc. against Tolentino, who acted as a lawyer
but as agent and employee of the Philippines Sawmill and
Construction, does not alter the nature of his services which are
certainly Professional lawyer services; But concealing that he acted
as a lawyer for Tan Tek Sy and pretending to be only an agent, his
situation is aggravated: it is more guilty that, covered with a
mask, he shoots his enemy than he who does it with his face
uncovered and in plain sight Of the public; Hence the criminal law
imposes more severe penalty in the first case.
The evidence of record shows that the Respondent Felix P. David
practiced as a lawyer intentionally disobeying the decision of the
Court of September 30, 1949, Administrative Case No. 35.
Therefore, it disables to practice the profession of lawyer In the
Philippines, the certificate issued in your favor to exercise the
profession is declared canceled and you are ordered to return it to
the Clerk of this Court.