Ramos v. Potenciano!

- Sps. Potenciano, together with the Land Tenure Administration, filed before the CFI of Manila a
complaint seeking to eject Ramos et al. from a parcel of land in Sta. Mesa, Manila.!
- The court ordered defendants to vacate the land.!
- Copy of this decision was served on Ramos et al.!
- Ramos et al. filed a motion for new trial.!
- The court allowed defendant to file an amended answer and held in abeyance its action on the
motion for new trial.!
- Meantime, Attys. Endaya, Cabasal & Holgado entered their appearance as counsel for Ramos
et al. in substitution of Attys. Trinidad and Crescini, giving due notice to the Sps. Potenciano.!
- Sps. Potenciano filed a motion for execution on the ground that the decision had already been
final and executory.!
- The court denied the motion for new trial and the motion for execution. Copy of which was
served on Attys. Trinidad and Crescini as they were still the attorneys of record.!
- Sps. Potenciano filed a second motion for execution reiterating that the decision had already
become final and executory.!
- Atty. Villareal entered his appearance as new counsel of Ramos et al. giving notice to plaintiffs.!
- The court granted the motion for execution.!
- Issue: Whether or not Ramos et al. were legally served with a copy of the order denying their
motion for new trial so that when Sps. Potenciano filed their second motion for execution, the
decision had already become final and executory.!
- YES. They were legally served through Attys. Trinidad and Crescini.!
- While it is true that other attorneys entered their appearances, the substitution was not made in
accordance with what our rules provide.!
- While client gave consent to the substitution, the attorneys to be substituted were not notified.!
- Attys. Trinidad and Crescini never withdrew their appearances.!
- The rule on matters of substitution of attorneys are as follows:!
- No substitution will be allowed unless there be filed:!
- A written application for such substitution!
- The written consent of the client!
- The written consent of the attorney substituted!
- In case such written consent cannot be secured, there must be filed with the application
proof of service of notice of such motion upon the attorney to be substituted.!
- UNLESS THIS PROCEDURE IS FOLLOWED, THE ATTORNEY WHO APPEARS TO BE
ON RECORD BEFORE THE FILING OF THE APPLICATION FOR SUBSTITUTION
SHOULD BE REGARDED AS THE ATTORNEY ENTITLED TO BE NOTIFIED OF ALL
NOTICES AND PLEADINGS.!
- Because the procedure was not followed, it is Attys. Trinidad and Crescini that were entitled to
receive the copy of the order.!
- The rule is that the client is answerable for the shortcomings of his attorney.