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    Indirect Contempt For Unauthorized Practice of Law

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    Jey Rhy
    This document discusses indirect contempt for the unauthorized practice of law. It summarizes the Supreme Court case of Kara-an v. Judge Lindo, where the Supreme Court applied an exception to find the respondent Kara-an liable for indirect contempt for illegally practicing law. The exception applies when there is no factual controversy and the respondent has been given an opportunity to comment. It also discusses that finding indirect contempt on multiple occasions for the same act of unauthorized practice of law does not constitute forum shopping. The document provides additional Supreme Court case readings relevant to the topic.

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    Indirect Contempt For Unauthorized Practice of Law

    Uploaded by

    Jey Rhy
    74 views2 pages
    This document discusses indirect contempt for the unauthorized practice of law. It summarizes the Supreme Court case of Kara-an v. Judge Lindo, where the Supreme Court applied an exception to find the respondent Kara-an liable for indirect contempt for illegally practicing law. The exception applies when there is no factual controversy and the respondent has been given an opportunity to comment. It also discusses that finding indirect contempt on multiple occasions for the same act of unauthorized practice of law does not constitute forum shopping. The document provides additional Supreme Court case readings relevant to the topic.

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    Law

    Original Title

    2. INDIRECT CONTEMPT FOR UNAUTHORIZED PRACTICE OF LAW

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    This document discusses indirect contempt for the unauthorized practice of law. It summarizes the Supreme Court case of Kara-an v. Judge Lindo, where the Supreme Court applied an exception to find the respondent Kara-an liable for indirect contempt for illegally practicing law. The exception applies when there is no factual controversy and the respondent has been given an opportunity to comment. It also discusses that finding indirect contempt on multiple occasions for the same act of unauthorized practice of law does not constitute forum shopping. The document provides additional Supreme Court case readings relevant to the topic.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    74 views2 pages

    Indirect Contempt For Unauthorized Practice of Law

    Uploaded by

    Jey Rhy
    This document discusses indirect contempt for the unauthorized practice of law. It summarizes the Supreme Court case of Kara-an v. Judge Lindo, where the Supreme Court applied an exception to find the respondent Kara-an liable for indirect contempt for illegally practicing law. The exception applies when there is no factual controversy and the respondent has been given an opportunity to comment. It also discusses that finding indirect contempt on multiple occasions for the same act of unauthorized practice of law does not constitute forum shopping. The document provides additional Supreme Court case readings relevant to the topic.

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    © All Rights Reserved
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    of 2

    INDIRECT CONTEMPT

    FOR UNAUTHORIZED
    PRACTICE OF LAW
    Under Sections 3 and 4, Rule 71 of the
    Rules of Court, a charge for indirect contempt
    may be initiated through a verified petition or motu proprio by the court against
    which the contempt was committed. In both cases, the respondent must be given
    an opportunity to comment on the charge. This rule, however, admits of
    exception. In University of the Immaculate Conception v. Office of the Secretary of
    Labor and Employment, it was explained:

    One exception to the above rule is that the Supreme Court may, incidental
    to its power to suspend its own rules whenever the interest of justice requires,
    resolve an issue involving indirect contempt when there is (a) no factual
    controversy to be resolved or the case falls under the res ipsa loquitur rule and (b)
    only after granting the respondent the opportunity to comment.
    In the case of Kara-an v. Judge Lindo (A.M. No. MTJ-07-1674. June 7, 2017),
    considering that there is no more question on whether Kara-an is illegally
    practicing law and Kara-an, as early as November 9, 2015, has been given the
    opportunity to comment which he has in fact availed no less than nine times, the
    Supreme Court applied the exception.

    In fact, there was an earlier finding of indirect contempt against Kara-an but
    this does not serve as a bar for once again holding him liable for indirect contempt.
    In Ciocon-Reer v. Lubao (A.M. OCA, I.P.I. No. 09-3210-RTJ. February 3, 2016),
    Kara-an was held liable for his appearance in Civil Case No. 7819, entitled "Juvy P.
    Ciocon-Reer, et al. v. Gaspar Mayo, et al." before the RTC of General Santos City,
    Branch 22. In Kara-an v. Judge Lindo, the Court found Kara-an liable for his
    appearances in various first and second level courts in Metro Manila.

    In his defense, Kara-an argues that he is a victim of forum shopping since he


    was already held guilty of indirect contempt in the case of Ciocon-Reer v. Lubao.

    The Supreme Court answered that forum shopping is not availing in this
    case. There is forum shopping when a party repetitively avails of several judicial
    remedies in different courts, simultaneously or successively, all substantially
    founded on the same transactions and the same essential facts and circumstances,
    and all raising substantially the same issues either pending in or already resolved
    adversely by some other court.
    The only similarity in Ciocon-Reer and Kara-an v. Judge Lindo is that Kara-
    an is the person found to be illegally practicing law; no other similarity as to
    parties, courts and cases appear. Thus, and contrary to Kara-an's claim, there is no
    forum shopping in this case.

    ADDITIONAL READINGS:

    [1] G.R. Nos. 178085-178086, September 14, 2015, 770 SCRA 430.
    [2] Heirs of Marcelo Solto v. Palicte, G.R. No. 159691, February 17, 2014, 716
    SCRA 175, 178.
    [3] Ma

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