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Cayetano vs.

Monsod 201 SCRA 210 September 1991


Cayetano vs. Monsod
201 SCRA 210
September 1991
Facts: Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of
chairman of the COMELEC. Petitioner opposed the nomination because allegedly Monsod does not
posses required qualification of having been engaged in the practice of law for at least ten years. The
1987 constitution provides in Section 1, Article IX-C: There shall be a Commission on Elections composed
of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have
been candidates for any elective position in the immediately preceding elections. However, a majority
thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the
practice of law for at least ten years.
Issue: Whether the respondent does not posses the required qualification of having engaged in the
practice of law for at least ten years.
Held: In the case of Philippine Lawyers Association vs. Agrava, stated: The practice of law is not limited to
the conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers
incident to actions and special proceeding, the management of such actions and proceedings on behalf of
clients before judges and courts, and in addition, conveying. In general, all advice to clients, and all action
taken for them in matters connected with the law incorporation services, assessment and condemnation
services, contemplating an appearance before judicial body, the foreclosure of mortgage, enforcement of
a creditors claim in bankruptcy and insolvency proceedings, and conducting proceedings in attachment,
and in matters of estate and guardianship have been held to constitute law practice. Practice of law
means any activity, in or out court, which requires the application of law, legal procedure, knowledge,
training and experience.
The contention that Atty. Monsod does not posses the required qualification of having engaged in the
practice of law for at least ten years is incorrect since Atty. Monsods past work experience as a lawyereconomist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a
lawyer-legislator of both rich and the poor verily more than satisfy the constitutional requirement for the
position of COMELEC chairman, The respondent has been engaged in the practice of law for at least ten
years does In the view of the foregoing, the petition is DISMISSED.

Ulep vs legal clinic

In 1984, The Legal Clinic was formed by Atty. Rogelio Nogales. Its aim, according to
Nogales was to move toward specialization and to cater to clients who cannot afford the
services of big law firms. Now, Atty. Mauricio Ulep filed a complaint against The Legal Clinic
because of the latters advertisements which contain the following:
SECRET MARRIAGE?
P560.00 for a valid marriage.

Info on DIVORCE. ABSENCE. ANNULMENT. VISA.


THE LEGAL CLINIC, INC.
Please call: 521-0767; 521-7232; 522-2041
8:30am 6:00pm
7th Flr. Victoria Bldg., UN Ave., Manila
GUAM DIVORCE
DON PARKINSON
An attorney in Guam is giving FREE BOOKS on Guam Divorce through The Legal Clinic
beginning Monday to Friday during office hours.
Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext. Quota/Non-quota
Res. & Special Retirees Visa. Declaration of Absence. Remarriage to Filipina Fiancees.
Adoption. Investment in the Phil. US/Foreign Visa for Filipina Spouse/Children.
Call Marivic.
THE LEGAL CLINIC, INC.
7th Flr. Victoria Bldg., UN Ave., Manila nr. US Embassy
Tel. 521-7232, 521-7251, 522-2041, 521-0767
It is also alleged that The Legal Clinic published an article entitled Rx for Legal Problems
in Star Week of Philippine Star wherein Nogales stated that they The Legal Clinic is
composed of specialists that can take care of a clients problem no matter how complicated
it is even if it is as complicated as the Sharon Cuneta-Gabby Concepcion situation. He said
that he and his staff of lawyers, who, like doctors, are specialists in various fields, can take
care of it. The Legal Clinic, Inc. has specialists in taxation and criminal law, medico-legal
problems, labor, litigation and family law. These specialists are backed up by a battery of
paralegals, counselors and attorneys.
As for its advertisement, Nogales said it should be allowed in view of the jurisprudence in
the US which now allows it (John Bates vs The State Bar of Arizona). And that besides, the
advertisement is merely making known to the public the services that The Legal Clinic
offers.
ISSUE: Whether or not The Legal Clinic is engaged in the practice of law; whether such is
allowed; whether or not its advertisement may be allowed.
HELD: Yes, The Legal Clinic is engaged in the practice of law however, such practice is not
allowed. The Legal Clinic is composed mainly of paralegals. The services it offered include
various legal problems wherein a client may avail of legal services from simple
documentation to complex litigation and corporate undertakings. Most of these services are
undoubtedly beyond the domain of paralegals, but rather, are exclusive functions of lawyers
engaged in the practice of law. Under Philippine jurisdiction however, the services being
offered by Legal Clinic which constitute practice of law cannot be performed by paralegals.
Only a person duly admitted as a member of the bar and who is in good and regular
standing, is entitled to practice law.
Anent the issue on the validity of the questioned advertisements, the Code of Professional
Responsibility provides that a lawyer in making known his legal services shall use only true,

honest, fair, dignified and objective information or statement of facts. The standards of the
legal profession condemn the lawyers advertisement of his talents. A lawyer cannot, without
violating the ethics of his profession, advertise his talents or skills as in a manner similar to
a merchant advertising his goods. Further, the advertisements of Legal Clinic seem to
promote divorce, secret marriage, bigamous marriage, and other circumventions of law
which their experts can facilitate. Such is highly reprehensible.
The Supreme Court also noted which forms of advertisement are allowed. The best
advertising possible for a lawyer is a well-merited reputation for professional capacity and
fidelity to trust, which must be earned as the outcome of character and conduct. Good and
efficient service to a client as well as to the community has a way of publicizing itself and
catching public attention. That publicity is a normal by-product of effective service which is
right and proper. A good and reputable lawyer needs no artificial stimulus to generate it and
to magnify his success. He easily sees the difference between a normal by-product of able
service and the unwholesome result of propaganda. The Supreme Court also enumerated
the following as allowed forms of advertisement:
1.

Advertisement in a reputable law list

2.

Use of ordinary simple professional card

3.

Listing in a phone directory but without designation as to his specialization


4.

Adelino H. Ledesma v. Hon. Rafael C. Climaco


5.

G.R. No. L- 23815 (June 28, 1974)


6.
7. Legal Ethics : Definition
8.
9. Facts:
10.
Petitioner Ledesma was assigned as counsel de parte for an accused in a case
pending in the sala of the respondent judge. On October 13, 1964, Ledesma was
appointed Election Registrar for the Municipality of Cadiz, Negros Occidental. He
commenced discharging his duties, and filed a motion to withdraw from his position
as counsel de parte. The respondent Judge denied him and also appointed him as
counsel de oficio for the two defendants. On November 6, Ledesma filed a motion to
be allowed to withdraw as counsel de oficio, because the Comelec requires full time
service which could prevent him from handling adequately the defense. Judge denied
the motion. So Ledesma instituted this certiorari proceeding.
11.
12. Issue:
13.
Whether or not the order of the respondent judged in denying the motion of the
petitioner is a grave abuse of discretion?
14.
15. Holding:

16.

No, Ledesma's withdrawal would be an act showing his lack of fidelity to the duty
rqeuired of the legal profession. He ought to have known that 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.
17.
18. Ratio:
19.
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 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 defendantappellant (People vs. Williams CA G.R. Nos. 00375-76, February 28, 1963)
20.
To avoid any frustration thereof, especially in the case of an indigent
defendant, a lawyer may be required to act as counsel de officio (People v. Daban)
Moreover, The right of an accused in a criminal case to be represented by counsel is a
constitutional right of the highest importance, and there can be no fair hearing with
due process of law unless he is fully informed of his rights in this regard and given
opportunity to enjoy them (People vs. Holgado, L-2809, March 22, 1950)
21.
The trial court in a criminal case has authority to provide the accused with a
counsel de officio for such action as it may deem fit to safeguard the rights of the
accused (Provincial Fiscal of Rizal vs. Judge Muoz Palma, L-15325,
August 31, 1930)

Guevarra vs. Eala A.C. No. 7136 August 1, 2007


Joselano Guevarra vs. Atty. Jose Emmanuel Eala
A.C. No. 7136
August 1, 2007
Facts: On March 4, 2002 a complaint of disbarment was filed before the Integrated Bar of the Philippines
Committee on Bar Discipline against Atty. Jose Emmanuel M. Eala a.k.a. Noli Eala for grossly immoral
conduct and unmitigated violation of the lawyers oath. In the Complaint, Guevarra first met the
respondent in January 2000 when his then fiance Irene Moje introduced respondent to him as her friend
who was married to Marianne Tantoco with whom he had three children.
After his marriage to Irene on October 7, 2000, Complainant noticed that from January to March 2001,
Irene had been receiving from respondent Cellphone calls, as well as messages some which read I love
you, I miss you, or Meet you at Megamall. He also noticed that Irene habitually went home very late at
night or early in the morning of the following day, and sometimes did not go home from work. When he
asked her whereabouts, she replied that she slept at her parents house in Binangonan, Rizal or she was
busy with her work.

In February or March 2001, complainant saw Irene and Respondent together on two occasions. On the
second occasion, he confronted them following which Irene abandoned the conjugal house. On April 22,
2001 complainant went uninvited to Irenes birthday celebration at which he saw her and the respondent
celebrating with her family and friends. Out of embarrassment, anger and humiliation, he left the venue
immediately. Following that incident, Irene went to the conjugal house and hauled off all her personal
belongings. Complainant later found a handwritten letter dated October 7, 2007, the day of his wedding to
Irene, Complainant soon saw respondents car and that of Irene constantly parked at No. 71-B11 Street,
New Manila where as he was later learn sometime in April 2001, Irene was already residing. He also
learned still later that when his friends saw Irene on about January 18, 2002 together with respondent
during a concert, she was pregnant.
Issue: Whether Concubinage or Adulterous relationship, be the reason for the disbarment of Atty. Jose
Emmanuel Eala.
Held: Lawyers oath stated that a lawyer should support the Constitution and obey the laws, Meaning he
shall not make use of deceit, malpractice, or other gross misconduct, grossly immoral conduct, or be
convicted in any crime involving moral turpitude. In the case at bar Atty. Eala was accused of
Concubinage, under ART. 334 of the Revised Penal Code, Any husband who shall keep a mistress in a
conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who
is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its
minimum and medium period. Section 2 of ART. XV states that Marriage, as an inviolable social
institution, is the foundation of the family and shall be protected by the state. Respondents grossly
immoral conduct runs afoul of the constitution and the laws, that he as a lawyer has sworn to uphold.
Hence the court declared Atty. Jose Emmanul M. Eala DISBARRED for grossly immoral conduct, violation
of his oath of office, and violation of canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of
Professional Responsibility.