Comm and MMDA that there can be no valid writ of exec, because
contract never ratified by president.
JANCOM never expressed termination of Atty. Molinas
services.
There is valid contract! Just lacked ratification, but valid.
Doctine on termination:
Representation continues until the court dispenses with the
services of counsel: Representation continues until the court
dispenses with the services of counsel in accordance with Section
26, Rule 138 of the Rules of Court. No substitution of counsel of
record is allowed unless the following essential requisites concur:
(1) there must be a written request for substitution; (2) it must be
filed with the written consent of the client; (3) it must be with the
written consent of the attorney to be substituted; and (4) in case
the consent of the attorney to be substituted cannot be obtained,
there must be at least a proof of notice that the motion for
substitution was served on him in the manner prescribed by the
Rules of Court.
2. Humberto Lim v. Nicanor Villarosa
Jalandoni is the president of Penta Resort Corp (PRC). He engaged
in atty. Villarosas services to represent him in a civil case. Later,
Villarosa without due notice, filed a motion to withdraw as counsel
1 day prior to hearing.
Villarosa stated, he had conflict of interest, because he was
RETAINER counsel for Jalbuena who the latter is being charged
by PRC for numerous estafa cases.
Villarosa was found to be guilty for violating Canons 15 and 22 for
leaving client in the air and got SUSPENDED for 1 year.
Doctrine:
The right of an attorney to withdraw or terminate the relation
other than for sufficient cause is considerably restrictedan
attorney may only retire from a case either by written consent of
his client or by permission of the court after due notice and
hearing, in which event the attorney should see to it that the name
of the new lawyer is recorded in the case.
3. Hilado v. Hon. David (1949
Hilado brought actions against Assad for annulment of sale of
houses. Later during pendency of case, Hilados counsels, Delgado
8. People v. Santocildes
Sasantocildes pleaded not guilty for a charge saying that he raped
a 9 yr-old girl. He was found guilty by RTC. In his appeal, he said
he was deprived of his right to due process for being represented
by a person who was not a lawyer Gualberto Ompong.
OSG recommended that his appeal be dismissed for he was well
represented and, though not a lawyer, handled case like a
seasoned and skillful lawyer.
SC held granting the petition and REMANDED case to RTC.
Notes:
The right to practice law is not a natural or constitutional right but
is in the nature of a privilege or franchise. It is limited to persons
of good moral character with special qualifications duly
ascertained and certified. The right does not only presuppose
in its possessor integrity, legal standing and attainment, but
also the exercise of a special privilege, highly personal and
partaking of the nature of a public trust. Under Section 3 (e)
of Rule 71 of the Rules of Court, a person who undertakes
the unauthorized practice of law is liable for indirect
VARIOUS CASES
9. In Re: Guzman
Atty. Danilo de Guzman was previously disbarred for leaking Bar
Exam regarding the Mercantile law to his BRODS. (nako, frat
pare) 5 years later, he filed petition for Judicial Clemency and
Compassion praying to be reinstated to be an attorney again (balik
niyo ako pls).
He narrated that he dedicated his life to public service and
became very religious. He cited that he was a good man, for ever
since he was young he alreay served in SK and at later he was
appointed by city government of Taguig as a Legal Officer, helping
the less fortunate, prior to his disbarment.
At current, he was appointed as Taguigs secretariat of the
Peoples Law Enforcement. He stated that he be reinstated for he
has acknowledged his wrong and has repented and since then he
has learned from his mistakes and has taken the said humbling
experience to make him a better person.
SC ruled that his Disbarment be modified to a 7 year
suspension and re-apply for lift of suspension after 2 years.
Notes:
In cases where the Supreme Court is to reverse the penalty of
disbarment upon a lawyer, it has to consider the remorse of the
disbarred lawyer and the conduct of his public life during his years
outside of the bar.
10. Joselano Guevarra v. Atty. Noli Eala
Section 27, Rule 138 of the Rules of Court which provides the
grounds for disbarment or suspension uses the phrase grossly
immoral conduct, not under scandalous circumstances.
In a relationship between a married lawyer and a married woman
who is not his wife, it is immaterial whether the affair was carried
out discreetly. A lawyer, in carrying on an extra-marital affair with
a married woman prior to the judicial declaration that her
marriage was null and void, and despite such lawyer himself being
married, showed disrespect for an institution held sacred by the
law he betrayed his unfitness to be a lawyer.
Atty Eala, disbarred.
11. Angeles v. Ibanez
Angeles et al. filed disbarment case against atty Ibanez for
allegedly falsely notarizing a document purporting a sale of land to
Puerto Azul by and from the complainants. It was alleged that
Ibanez notarized the documents without them being present and
having no authority to notarize in Cavite, the land being at Cavite,
as the notarial records indicate Manila. Ibanez, used as defense
denying such allegations and saying that he is a notary public for
Cavite and the notary-in-fact for Puerto Azul and that it was
because of a fault by his legal assistant that the mistake was done.
IBP suspended him for 1 year plus revoked Notary public for 2
years.
SC held suspended for 1 year and 1 year revocation of Notary.
Doctrine:
The physical presence of the affiants enables the notary public to