Elesterio, Dessa Marie V.

16101108
Subject: Legal Profession
Professor: Judge Francisco A. Seville Jr.
Adelino H. Ledesma , petitioner vs.
Hon. Rafael C. Climaco, respondent
G.R. No. L- 23815 (June 28, 1974)
Facts:
Respondent judge assigned petitioner Ledesma as counsel de parte for an accused in a
case pending in the sala of the respondent. Later then, petitioner was appointed Election
Registrar for the Municipality of Cadiz, Negros Occidental. Petitioner compelled to
discharge his duties as counsel de parte. Respondent denied his motion to withdraw and
instead appointed him as counsel de officio for the two defendants. According to
Ledesma, the Comelec requires full time service which could prevent him from handling
adequately the defense. Respondent still denied the motion and so Ledesma filed a
petition for certiorari.
Issue:
Whether or not the denying of the respondent judge for the motion of the petitioner is
grave abuse of discretion?
Arguments of the parties:
Ledesma, petitioner contended that the Comelec requires full time service which could
prevent him from handling adequately the defense.
Judge Climaco, respondent contended that The only attorneys who cannot practice law
by reason of their office are Judges, or other officials or employees of the superior courts
or the office of the solicitor General (Section 32 Rule 127 of the Rules of Court [Section
35 of Rule 138 of the Revised Rules of Court]. The lawyer involved not being among
them, remained as counsel of record.
Decision of the Court:
No. The act of withdrawal that was done by Ledesma shows his lack of fidelity to the
duty required of the legal profession. Ledesma, not being among the judges, or other
officials or employees of the superior courts or the office of the solicitor General,
remained as counsel of record since he did not file a motion to withdraw as defendant-

appellants counsel after his appointment as Register of Deeds. Nor was substitution of
attorney asked either by him or by the new counsel for the defendant-appellant
Relevance to the subject (Legal Profession)
The lawyer should be aware that the membership in the bar is burdened with conditions.
The legal profession is dedicated to the ideal of service, and is not a mere trade. A lawyer
may be required to act as counsel de oficio to aid in the performance of the administration
of justice. The fact that such services are rendered without pay should not diminish the
lawyer's zeal.