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People of the Philippines vs Simplicio Villanueva September 5, 2012 14 SCRA 109 – Legal Ethics – Practice of Law – Isolated Appearance In 1959, Villanueva was charged with Malicious Mischief in the municipality of Alaminos in Laguna. In said case, the private offended party asked his lawyer friend, Ariston Fule to prosecute said case. Apparently, Fule was the fiscal in San Pablo, Laguna. Villanueva the opposed the appearance of Fule as counsel for the offended party as he said that accordin
  People of the Philippines vs Simplicio Villanueva September 5, 2012 14 SCRA 109 – Legal Ethics – Practice of Law – Isolated Appearance In 1959, Villanueva was charged with Malicious Mischief in the municipalit of !laminos in aguna# In said case, the privateoffended part as$ed his lawer friend, !riston %ule to prosecute said case# !pparentl, %ule was the fiscal in San &ablo, aguna#Villanueva the opposed the appearance of %ule as counsel for the offended part as he said that according to the 'ules of (ourtwhen an attorne had been appointed to the position of !ssistant &rovincial %iscal or (it %iscal and therein )ualified, b operationof law, he ceased to engage in private law practice# ISSUE: *hether or not !riston %ule is engaged in private law practice# HELD: +o# &rivate practice of law implies that one must have presented himself to be in the active and continued practice of thelegal profession and that his professional services are available to the public for a compensation, as a source of his livelihood or inconsideration of his said services# In the case at bar, %ule is not being compensated but rather hes doing it for free for his friendwho happened to be the offended part# &ractice is more than an isolated appearance, for it consists in fre)uent or customaractions, a succession of acts of the same $ind# In other words, it is fre)uent habitual e-ercise# %urther, the fact that the Secretar of .ustice approved %ules appearance for his friend should be given credence# Cayetano vs. Monsod 201 S('! 210September 1991%acts/ 'espondent (hristian Monsod was nominated b &resident (oraon (# !)uino to the position of chairman of the (M (#&etitioner opposed the nomination because allegedl Monsod does not posses re)uired )ualification of having been engaged in the practice of law for at least ten ears# 3he 194 constitution provides in Section 1, !rticle I67(/ 3here shall be a (ommission on lections composed of a (hairman and si- (ommissioners who shall be natural7born citiens of the &hilippines and, at the time of their appointment, at least thirt7five ears of age, holders of a college degree, and must not have been candidates for an elective position in the immediatel preceding elections# 8owever, a maorit thereof, including the (hairman, shall be members of the &hilippine :ar who have been engaged in the practice of law for at least ten ears#Issue/ *hether the respondent does not posses the re)uired )ualification of having engaged in the practice of law for at least ten ears#8eld/ In the case of &hilippine awers !ssociation vs# !grava, stated/ 3he practice of law is not limited to the conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers incident to actions and special proceeding, the management of such actions and proceedings on behalf of clients before udges and courts, and in addition, conveing# In general, all advice to clients, and all action ta$en for them in matters connected with the law incorporation services, assessment and condemnation services, contemplating an appearance before udicial bod, the foreclosure of mortgage, enforcement of a creditors claim in ban$ruptc and insolvenc proceedings, and conducting proceedings in attachment, and in matters of estate and guardianship have been held to constitute law practice# &ractice of law means an activit, in or out court, which re)uires the application of law, legal procedure, $nowledge, training and e-perience#3he contention that !tt# Monsod does not posses the re)uired )ualification of having engaged in the practice of law for at least ten ears is incorrect since !tt# Monsods past wor$ e-perience as a lawer7economist, a lawer7manager, a lawer7entrepreneur of industr, a lawer7negotiator of contracts, and a lawer7legislator of both rich and the poor < veril more than satisf the constitutional re)uirement for the position of (M ( chairman, 3he respondent has been engaged in the practice of law for at least ten ears does In the view of the foregoing, the petition is =ISMISS=#  Mauricio >lep vs 3he egal (linic 22 SCRA ! – 42 SCA# 2 ! – Legal Ethics – Ad$ertise%ent in the Legal Profession – Practice of Law  In 194?, 3he egal (linic was formed b !tt# 'ogelio +ogales# Its aim, according to +ogales was to move toward specialiation andto cater to clients who cannot afford the services of big law firms# +ow, !tt# Mauricio >lep filed a complaint against 3he egal (linicbecause of the latters advertisements which contain the following/ S('3 M!''I!@A&5B0#00 for a valid marriage#Info on =IV'(# !:S+(# !++> M+3# VIS!#38 @! ( I+I(, I+(#&lease call/ 52170B; 52172C2; 522720?14/C0am < B/00pmth %lr# Victoria :ldg#, >+ !ve#, Manila@>!M =IV'(=+ &!'DI+S+ !n attorne in @uam is giving %' :DS on @uam =ivorce through 3he egal (linic beginning Monda to %rida during office hours#@uam divorce# !nnulment of Marriage# Immigration &roblems, Visa -t# EuotaF+on7)uota 'es# G Special 'etirees Visa# =eclarationof !bsence# 'emarriage to %ilipina %iancees# !doption# Investment in the &hil# >SF%oreign Visa for %ilipina SpouseF(hildren#(all Marivic#38 @! ( I+I(, I+(#th %lr# Victoria :ldg#, >+ !ve#, Manila nr# >S mbass3el# 52172C2, 5217251, 522720?1, 52170BIt is also alleged that 3he egal (linic published an article entitled H'- for egal &roblems in Star *ee$ of &hilippine Star wherein+ogales stated that the 3he egal (linic is composed of specialists that can ta$e care of a clients problem no matter howcomplicated it is even if it is as complicated as the Sharon (uneta7@abb (oncepcion situation# 8e said that he and his staff of lawers, who, li$e doctors, are Hspecialists in various fields, can ta$e care of it# 3he egal (linic, Inc# has specialists in ta-ation andcriminal law, medico7legal problems, labor, litigation and famil law# 3hese specialists are bac$ed up b a batter of paralegals,counselors and attornes# !s for its advertisement, +ogales said it should be allowed in view of the urisprudence in the >S which now allows it J.ohn :ates vs3he State :ar of !rionaK# !nd that besides, the advertisement is merel ma$ing $nown to the public the services that 3he egal(linic offers# ISSUE: *hether or not 3he egal (linic is engaged in the practice of law; whether such is allowed; whether or not its advertisementma be allowed# HELD: Les, 3he egal (linic is engaged in the practice of law however, such practice is not allowed# 3he egal (linic is composedmainl of paralegals# 3he services it offered include various legal problems wherein a client ma avail of legal services from simpledocumentation to comple- litigation and corporate underta$ings# Most of these services are undoubtedl beond the domain of paralegals, but rather, are e-clusive functions of lawers engaged in the practice of law# >nder &hilippine urisdiction however, the  services being offered b egal (linic which constitute practice of law cannot be performed b paralegals# nl a person duladmitted as a member of the bar and who is in good and regular standing, is entitled to practice law# !nent the issue on the validit of the )uestioned advertisements, the (ode of &rofessional 'esponsibilit provides that a lawer inma$ing $nown his legal services shall use onl true, honest, fair, dignified and obective information or statement of facts# 3hestandards of the legal profession condemn the lawers advertisement of his talents# ! lawer cannot, without violating the ethics of his profession, advertise his talents or s$ills as in a manner similar to a merchant advertising his goods# %urther, the advertisementsof egal (linic seem to promote divorce, secret marriage, bigamous marriage, and other circumventions of law which their e-pertscan facilitate# Such is highl reprehensible#3he Supreme (ourt also noted which forms of advertisement are allowed# 3he best advertising possible for a lawer is a well7merited reputation for professional capacit and fidelit to trust, which must be earned as the outcome of character and conduct#@ood and efficient service to a client as well as to the communit has a wa of publiciing itself and catching public attention# 3hatpublicit is a normal b7product of effective service which is right and proper# ! good and reputable lawer needs no artificialstimulus to generate it and to magnif his success# 8e easil sees the difference between a normal b7product of able service andthe unwholesome result of propaganda# 3he Supreme (ourt also enumerated the following as allowed forms of advertisement/1#!dvertisement in a reputable law list2#>se of ordinar simple professional cardC# isting in a phone director but without designation as to his specialiation SLL! D. #$%L#$& vs# &&!. P LI&# M. CS&ILL# and L'#$S# M. M(&I)   'C&S: Sall :ongalonta charged &ablito M# (astillo and !lfonso M# Martia, members of the &hilippine :ar, with unust and unethicalconduct, to wit/ representing conflicting interests and abetting a scheme to frustrate the e-ecution or satisfaction of a udgmentwhich complainant might obtain# 3he letter7complaint stated that complainant filed with the 'egional 3rial (ourt of &asig, for estafa, against the Sps# uisa andSolomer!buel# She also filed, a separate civil action, where she was able to obtain a writ of preliminar attachment and bvirtue thereof, a piece of real propert situated in &asig, 'ial and registered in the name of the Sps# !buel# !tt# &ablito(astillo was the counsel of the Sps# !buel in the aforesaid criminal and civil cases#=uring the pendenc of these cases, one @regorio antin filed a civil case for collection of a sum of mone based on apromissor note, also with the &asig 'egional 3rial (ourt, against the Sps# !buel# In the said case @regorio antin wasrepresented b !tt# !lfonso Martia# In this case, the Sps# !buelwere declared in default for their failure to file the necessarresponsive pleading and evidence e&'parte was received against them followed b a udgment b default rendered in favor of @regorio antin# ! writ of e-ecution was, in due time, issued and the same propert previousl attached b complainant waslevied upon# It is further alleged that in all the pleadings filed in these three JCK aforementioned cases, !tt# &ablito (astillo and !tt# !lfonsoMartia placed the same address, the same &3' and the same I:& receipt number#3hus, complainant concluded that the civilcase filed b @regorio antin was merel a part of the scheme of the Sps# !buel to frustrate the satisfaction of the mone udgment which complainant might obtain in the civil case he filed# !fter hearing, the I:& :oard of @overnors issued it 'esolution with the following findings and recommendations/  *8'%', it is respectfull recommended that !tt# &ablito M# (astillo be S>S&+== from the practice of law for aperiod of si- JBK months for using the I:& fficial 'eceipt +o# of his co7respondent !tt# !lfonso M# Martia#3he complaintagainst !tt# Martia is hereb =ISMISS= for lac$ of evidence# ISSUE: *hether or not respondent is guilt of violating the (ode of &rofessional 'esponsibilitA (ULI$%: 3he (ourt agreed with the foregoing findings and recommendations# 3he practice of law is not a right but a privilegebestowed b the State on those who show that the possess, and continue to possess, the )ualifications re)uired b law for the conferment of such privilege# ne of these re)uirements is the observance of honest and candor# (ourts are entitled toe-pect onl complete candor and honest from the lawers appearing and pleading before them# ! lawer, on the other hand,has the fundamental dut to satisf that e-pectation, for this reason, he is re)uired to swear to do no falsehood, nor consent tothe doing of an in court#*8'%', finding respondent !tt# &ablito M# (astillo guilt committing a falsehood in violation of his lawers oath and of the (ode of &rofessional 'esponsibilit, the (ourt 'esolved to S>S&+= him from the practice of law for a period of si- JBKmonths, with a warning that commission of the same or similar offense in the future will result in the imposition of a moresevere penalt# In (e: l C. *+osino ,- SC( /- 0/1123I$ M&&E( #' &HE DMISSI#$ &# &HE ( $D #&H4&5I$% #' SUCCESS'UL ( PPLIC$& L C. (%#SI$# =(3'I+S/3he practice of law is a high personal privilege limited to citiens of good moral character, with special education )ualifications, dul ascertained and certified#'e)uirement of good moral character is of greater importance so far as the general public and proper administration of ustice is concerned#  !ll aspects of moral character and behavior ma be in)uired into in respect of those see$ing admission to the :ar#'e)uirement of good moral character to be satisfied b those who would see$ admission to the bar must be a necessit more stringent than the norm of conduct e-pected from members of the general public#&articipation in the prolonged mindless phsical beatings inflicted upon 'aul (amaligan constituted evident reection of that moral dut and was totall irresponsible behavior, which ma$es impossible a finding that the participant was possessed of good moral character# @ood moral character is a re)uirement possession of which must be demonstrated at the time of the application for permission to ta$e the bar e-aminations and more importantl at the time of application for admission to the bar and to ta$e the attornes oath of office#%!(3S/n %ebruar ?, 1992 ,!rgosino, together with 1C others, was charged with the crime of homicide in connection with the death of one'aul (amaligan# 3he death of (amaligan stemmed from the affliction of severe phsical inuries upon him in course of NhaingN conducted as part of the universit fraternit initiation rites# n %ebruar 11, 199C, the accused were conse)uentl sentenced to suffer imprisonment for a period ranging from two J2K ears, four J?K months and one J1K da to four J?K ears#
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