DEINS CIRCLE

BELTRAN MANLAPID DELA CRUZ GACULA

FERDINAND CRUZ v ALBERT MINA student. Thus, a law student may appear, as an
G.R NO. 154207 : April 27, 2007 agent or a friend of a party litigant, without the
supervision of a lawyer before inferior courts.
Facts:
Ferdinand Cruz filed before the MeTC a formal
Entry of Appearance, as private prosecutor, in a
criminal case for Grave Threats, where his father DENNIS MAGUSARA v. ATTY. LOUIE
is the complaining witness. RASTICA
A.C NO. 11131 : March 13, 2019
Ferdinand was then a third year law student and
justifies his appearance on the basis of Sec. 34 of Facts:
Rule 138 of the Rules of Court – that a non- Ramie Fabillar filed a disbarment complaint
lawyer may appear before the inferior courts a san against Atty. Rastica for notarizing 2 documents
agent or friend of a party litigant. despite the expiration of his notarial commission
before the IBP Negros Oriental Chapter.
MeTC denied permission for petitioner to appear
on the ground that Circular No. 19 governing Ramie filed another disbarment complaint against
limited law student practice in conjunction with Atty. Rastica for commiting an election offense in
Rule 138-A (Law Student Practice Rule) should violation of Section 20(d), Rule 138 of the Rules
take precedence. or Court.

Ferdinand filed before the RTC a petition for Atty. Rastica maintains that the allegations are
certiorari and mandamus with Prayer for baseless and the present complaint should be
P r e l i m i n a r y I n j u n c t i o n a n d Te m p o r a r y dismissed outright for lack of a certification of
Restraining Order against private respondent non-forum shopping.
MeTC judge. Ferdinand argues that a non-lawyer
may appear before inferior courts as an agent or The IBP Board of Governors dismissed the
friend of a party litigant even without the complaint. Hence, this case.
supervision of a member of the bar.
Ruling:
RTC resolved to deny the issuance of an There was no substantial evidence to prove that
injunctive writ on the ground that the crime of Atty. Rastica violated Section 20(d), Rule 138.
Grave Threats is one that can be prosecuted de Moreover, the charge of violating notarial rules is
oficio, there being no claim for civil indemnity, already a subject of an earlier disbarment
and therefore, the intervention of a private proceeding. The earlier disbarment proceedings
prosecutor is not legally tenable. Hence, this case. should be allowed to run its course to determine
his culpability. There is forum shopping when two
Issue: or more actions or proceedings involving the
Whether or not Ferdinand, a law student, may same parties for the same cause of action, either
appear before an inferior court as an agent or simultaneously or successively, on the supposition
friend of a party litigant that one or the other court would make a
favorable disposition. There is no basis to impose
Ruling: disciplinary action against Atty. Rastica at this
Yes. He may appear before the MeTC personally, time. This will also prevent a situation of to or
without supervision of a lawyer before inferior more courts or agencies rendering conflicting
courts. Rule 138-A should not have been used by resolutions or decisions upon the same issue and
the courts a quo in denying permission to act as ensure that the proceedings for the disbarment and
private prosecutor for the simple reason that Rule discipline of attorneys are followed.
138-A is not the basis for the petitioner’s
appearance.

Section 34, Rule 138 is clear that appearance PEOPLE v. ATTY. FE TUANDA A.M NO.
before the inferior courts by a non-lawyer is 3360 : January 30, 1990
allowed, irrespective of whether or not he is a law
DEINS CIRCLE
BELTRAN MANLAPID DELA CRUZ GACULA

Facts: the law profession and destructive of the

Atty. Tuanda (respondent) received pieces of confidence of the community of the members of
jewelries, for sale on a commission basis, from the bar and that, as a member of the legal
Herminia Marquez with s condition that profession, he is ashamed and offended by the
respondent would turn over the sales proceeds and said advertisements. Hence, he prays that the SC
return the unsold items to Marquez. orders the Legal Clinic Inc. to cease and desist
from issuing advertisements similar to the ones
Instead of returning the unsold pieces of jewelry, complained of and to perpetually prohibit persons
respondent issued three checks. However, upon or entities from making advertisements pertaining
presentment to the drawee bank, all three checks to the exercise of the law profession other than
were dishonored for insufficiency of funds. those allowed by law.

Consequently, a complaint for estafa and violation The advertisements complained of:
of B.P 22 were filed against respondent.
SECRET MARRIAGE?
The RTC acquitted respondent of estafa but P560.00 for a valid marriage.
convicted her of violating B.P 22. The CA Info on DIVORCE. ABSENCE.
affirmed. But in addition, it suspended respondent ANNULMENT. VISA.

from the practice of law. xxx

Respondent contends that she had not violated her GUAM DIVORCE

oath as a member of the Philippine Bar upon the DON PARKINSON
ground that when she issued the checks which
bounced, she did not intend to cause damage to an Attorney in Guam, is giving FREE BOOKS
complainant Marquez. on Guam Divorce through The Legal Clinic
beginning Monday to Friday during office
In a Motion to Lift Order of Suspension, hours. Guam divorce. Annulment of Marriage.
respondent asks the SC to lift the suspension from Immigration Problems, Visa Ext. Quota/Non-
thr practice of law imposed upon her. quota Res. & Special Retiree's Visa.
Declaration of Absence. Remarriage to Filipina
Ruling: Fiancees. Adoption. Investment in the Phil. US/
Respondent was correctly suspended from the Foreign Visa for Filipina Spouse/Children. Call
practice of law because she had been convicted of Marivic.
crimes involving moral turpitude.
On their part, The Legasl Clinic avers that it is not
Conviction of a crime involving moral turpitude engaged in the practice of law but in the rendering
might not relate to exercise of the profession of a of “legal support services” through paralegals
lawyer; however, it certainly relates to and affects with the use of modern computers and electronic
the good moral character of a person convicted of machines and that assuming that the services
such offense. advertised are legal service, the act of advertising
these services should be allowed.
The nature of the office of an attorney at law
requires that she shall be a person of good moral Issue:
character. This qualification is not only a
condition precedent to an admission to the 1. Whether the services offered by The Legal
practice of law; its continued possession is also Clinic Inc as advertised by it constitutes
essential for remaining in the practice of law. practice of law
2. Whether it can properly be the subject of the
advertisements
MAURICIO C. ULEP vs. THE LEGAL
CLINIC INC. B.M. No. 533, June 17, 1993 Ruling:
1. YES. The practice of law is not limited to the
Facts: Atty. Ulep argues that the advertisement conduct of cases in court. It includes legal
below are champertous, unethical, demeaning of advice and counsel, and the preparation of
DEINS CIRCLE
BELTRAN MANLAPID DELA CRUZ GACULA

legal instruments and contracts by which legal

rights are secured, although such matter may Other Doctrinal Pronouncement:
or may not be pending in a court. In the
practice of his profession, a licensed attorney The canons of the profession tell us that the best
at law generally engages in three principal advertising possible for a lawyer is a well-merited
types of professional activity: legal advice reputation for professional capacity and fidelity to
and instructions to clients to inform them of trust, which must be earned as the outcome of
their rights and obligations, preparation for character and conduct. Good and efficient service
clients of documents requiring knowledge of to a client as well as to the community has a way
legal principles not possessed by ordinary of publicizing itself and catching public attention.
layman, and appearance for clients before That publicity is a normal by-product of effective
public tribunals which possess power and service which is right and proper. A good and
authority to determine rights of life, liberty, reputable lawyer needs no artificial stimulus to
and property according to law, in order to generate it and to magnify his success. He easily
assist in proper interpretation and sees the difference between a normal by-product
enforcement of law. In this case, The Legal of able service and the unwholesome result of
Clinic gives out legal information to laymen propaganda.
and lawyers. Its contention that such function
is non-advisory and non-diagnostic is more Of course, not all types of advertising or
apparent than real. With its attorneys and so solicitation are prohibited. The canons of the
called paralegals, it will necessarily have to profession enumerate exceptions to the rule
explain to the client the intricacies of the law against advertising or solicitation and define the
and advise him or her on the proper course of extent to which they may be undertaken. The
action to be taken as may be provided for by exceptions are of two broad categories, namely,
said law. That is what its advertisements those which are expressly allowed and those
represent and for which services it will which are necessarily implied from the
consequently charge and be paid. That restrictions.
activity falls squarely within the
jurisprudential definition of "practice of law." The first of such exceptions is the publication in
Such a conclusion will not be altered by the reputable law lists, in a manner consistent, with
fact that respondent corporation does not the standards of conduct imposed by the canons,
represent clients in court since law practice, of brief biographical and informative data. "Such
as the weight of authority holds, is not limited data must not be misleading and may include only
merely to court appearances but extends to a statement of the lawyer's name and the names of
legal research, giving legal advice, contract his professional associates; addresses, telephone
drafting, and so forth. numbers, cable addresses; branches of law
practiced; date and place of birth and admission to
2. NO. It is highly unethical for an attorney to the bar; schools attended with dates of graduation,
advertise his talents or skill as a merchant degrees and other educational distinction; public
advertises his wares. Law is a profession and or quasi-public offices; posts of honor; legal
not a trade. The lawyer degrades himself and authorships; teaching positions;
his profession who stoops to and adopts the membership and offices in bar associations and
practices of mercantilism by advertising his
services or offering them to the public. As a committees thereof, in and scientific
member of the bar, he defiles the temple of societies and legal fraternities; the fact of listings
justice with mercenary activities as the in other reputable law lists; the names and
money-changers of old defiled the temple of addresses of references; and, with their written
Jehovah. "The most worthy and effective consent, the names of clients regularly
advertisement possible, even for a young represented.
lawyer, * * * is the establishment of a well-
merited reputation for professional capacity The law list must be a reputable law list published
and fidelity to trust. This cannot be forced but primarily for that purpose; it cannot be a mere
must be the outcome of character and supplemental feature of a paper, magazine, trade
conduct. journal or periodical which is published
DEINS CIRCLE
BELTRAN MANLAPID DELA CRUZ GACULA

principally for other purposes. For that reason, a Issue: Whether Atty. Paras violated his lawyer’s
lawyer may not properly publish his brief
oath and the CPR when he voluntarily offered
biographical and informative data in a daily paper,
magazine, trade journal or society program. Nor property that he neither owner nor possessed for
may a lawyer permit his name to be published in a
coverage under the CARP
law list the conduct, management or contents of
which are calculated or likely to deceive or injure
the public or the bar, or to lower the dignity or Ruling: YES. A lawyer shall uphold the
standing of the profession.
constitution, obey the laws of the land and
The use of an ordinary simple professional card is promote respect for law of and legal processes.
also permitted. The card may contain only a
Further, a lawyer shall not engage in unlawful,
statement of his name, the name of the law firm
which he is connected with, address, telephone dishonest, immoral or deceitful conduct. In
number and special branch of law practiced. The
offering to government property that he knew he
publication of a simple announcement of the
opening of a law firm or of changes in the neither owned nor possessed, Atty Paras
partnership, associates, firm name or office
committed dishonesty, misrepresentation, and
address, being for the convenience of the
profession, is not objectionable. He may likewise deceit.
have his name listed in a telephone directory but
not under a designation of special branch of law.
SANCHEZ vs. ATTY. SALUSTINO SAMOSO
A.C. No. 6061, October 3, 2003 (6 months
PARAS vs. ATTY. PARAS A.C. No. 7348 suspension)
September 27, 2016 (Disbarred)
Facts: Dr. Sanchez was the attending physician of
Facts: Rouel Yap Paras avers that on September Atty. Salustino during the latter’s confinement at
of 2006 he received at their residence in Negros the Sta. Lucia General Hospital. Upon the
Oriental a copy of a “Notice of Coverage” from discharge of Atty. Salustino he urged Dr. Sanchez
the Department of Land Reform which was to accept a check in payment of the hospital bills
addressed to Atty. Paras. 5 of the 6 properties since it was a holiday and the banks were closed
listed in the notice of notice of coverage were for business. Although apprehensive at first, he
those subject of a civil case before the RTC based was later pursuaded. Thus, he accepted the two
on a complaint filed by Rouel against Atty. Paras personal checks from Atty. Salustino amounting
for annulment of Certificate of title. Thus he filed to P44,347.00. However, the checks were
an administrative complaint against Atty. Paras dishonored. Dr. Sanchez immediately informed
alleging that the later voluntarily offered Atty. Salustino about it. Atty. Salustino promised
properties he did not own nor possess to the to redeem the dishonour checks; but he never did.
Department of Agrarian Reform for coverage As such, a criminal and administrative complaint
under the CARP. He maintains that, he is the real for violation of BP. 22 was instituted. In the
owner and in possession of the properties. administrative complaint Dr. Sanchez submits that
Atty. Salustino is a disgrace to the law profession
and unfit to be a member of the bar, and that he
DEINS CIRCLE
BELTRAN MANLAPID DELA CRUZ GACULA

should be disbarred and his name stricken off said country, filed a petition to practice law in the
from the Roll of Attorneys Philippines without passing the required bar
examinations.
Issue: Whether the act complained of constitutes Garcia invoked the provisions of the Treaty on
a gross violation of the basic norm of integrity Academic Degrees and the Exercise of
required of all members of the legal profession Professions between the Republic of the
Philippines and Spain, the treaty states that:
Ruling: YES. The Code of Professional “The nationals of each of the two
Responsibility specifically mandates that a lawyer countries who shall have obtained
recognition of the validity of their academic
shall uphold the constitution, obey the laws of the
degrees by virtue of the stipulations of this Treaty,
land and promote respect for law and legal can practice their professions within the
processes.The canons emphasize the high territory of the other.”
standard of honesty and fairness expected of a ISSUE: Whether or not Arturo Garcia can be
lawyer not only in the practice of the legal admitted to practice law in the Philippines without
profession but also in his personal dealings as passing the Bar.

well. A lawyer must conduct himself with great RULING: NO. The Treaty was intended to
propriety, and his behavior should be beyond govern Filipino citizens desiring to practice their
profession in Spain, and the citizens of Spain
reproach anywhere and at all times. The law
desiring to practice their professions in the
profession is a noble calling, and the privilege to Philippines. Garcia is a Filipino citizen desiring to
practice it is bestowed only upon individuals who practice the legal profession in the Philippines. He
is therefore subject to the laws of his own country
are competent and fit to exercise it. When Atty.
and is not entitled to the privileges extended to
Salustino paid, with a personal check from a bank Spanish nationals desiring to practice in the
account which he knew had already been closed, Philippines.
the person who attended to his medical needs and Further, the Treaty also states that “the nationals
persisted in refusing to settle his due obligation of both countries who shall have obtained degrees
despite demand, Atty. Salustino exhibited an or diplomas to practice the liberal professions in
either of the Contracting States, issued by
extremely low regard to his commitment to the
competent national authorities, shall be deemed
oath he has taken when he joined his peers, competent to exercise said professions in the
seriously and irreparably tarnishing the image of territory of the other, subject to the laws and
regulations of the latter.”
the profession he should, instead, hold in high
esteem. His conduct deserve nothing less than a The Rules of Court require that before anyone can
severe disciplinary sanction. practice the legal profession in the Philippines he
must first successfully pass the bar exams. The
Treaty did not in any way modify said Rule. The
IN RE: ARTURO GARCIA
Executive Dept. cannot encroach upon the
FACTS: Arturo Garcia, a Filipino citizen who Constitutional prerogative of the SC to
had finished the law course in Spain and promulgate rules for admission to the practice of
thereafter allowed to practice the profession in law in the Philippines.
DEINS CIRCLE
BELTRAN MANLAPID DELA CRUZ GACULA

Before a lawyer who reacquires Filipino

citizenship pursuant to RA 9225 can resume his
PETITION FOR LEAVE TO RESUME law practice, he must first secure from this Court
PRACTICE OF LAW BY BENJAMIN the authority to do so, conditioned on: (a) the
DACANAY updating and payment in full of the annual
membership dues in the IBP; (b) the payment of
FACTS: Dacanay was admitted to the Philippine
professional tax; (c) the completion of at least 36
Bar in March 1960. He practiced law in the
credit hours of mandatory continuing legal
Philippines until his migration to Canada in
education; and (d) the retaking of the lawyer’s
December 1998 to seek medical attention to his
oath. Compliance with these conditions will
ailments. Later, in May 2004, he became a
restore his good standing as a member of the
Canadian citizen.
Philippine bar.
On July 14, 2006, he acquired Philippine
citizenship pursuant to RA 9225. On the same
day, he took his oath of allegiance as a Filipino IN RE: LUIS TAGORDA
citizen before the Philippine Consulate General in
Canada. FACTS: Luis B. Tagorda, a practising attorney
and a member of the provincial board of Isabela,
Upon his return to the Philippines, he filed a admits that previous to the last general elections
petition to resume in the practice of law in the he made use of a card written in Spanish and
Philippines. Ilocano, which, in translation, reads as follows:
ISSUE: Whether or not Dacanay may be allowed “LUIS B. TAGORDA
to resume his privilege to practice law in the Attorney
Philippines. Notary Public
CANDIDATE FOR THIRD MEMBER Province
RULING: YES. Filipino citizenship is a of Isabela”
requirement for admission to the Bar and,
consequently, the privilege to engage in the The respondent further admits that he is the
practice of law. In other words, the loss of author of a letter addressed to a lieutenant of
barrio in his home municipality written in
Filipino citizenship ipso jure terminates the
Ilocano, which letter, in translation, reads as
privilege to practice law in the Philippines. The follows:
practice of law is a privilege denied to foreigners.
“ECHAGUE, ISABELA, September 18, 1928
The exception is when Filipino citizenship is lost MY DEAR LIEUTENANT: I would like to
by reason of naturalization as a citizen of another inform you of the approaching date for our
country but subsequently reacquired pursuant to induction into office as member of the Provincial
RA 9225. This is because all Filipino citizens of Board, that is on the 16th of next month. Before
my induction into office I should be very glad to
another country shall be deemed not to have lost hear your suggestions or recommendations for the
their Philippine citizenship under the conditions good of the province in general and for your
of RA 9225. Therefore, a Filipino lawyer who barrio in particular. You can come to my house at
becomes a citizen of another country is deemed any time here in Echague, to submit to me any
never to have lost his Philippine citizenship if he kind of suggestion or recommendation as you
reacquires it in accordance with RA 9225. may desire. I also inform you that despite my
membership in the Board I will have my
However, no automatic right to resume law residence here in Echague. I will attend the
practice accrues. session of the Board of Ilagan, but will come back
home on the following day here in Echague to
live and serve with you as a lawyer and notary
DEINS CIRCLE
BELTRAN MANLAPID DELA CRUZ GACULA

public. Despite my election as member of the The solicitation of employment by an attorney is a

Provincial Board, I will exercise my legal ground for disbarment or suspension. That should
profession as a lawyer and notary public. In case be distinctly understood.
you cannot see me at home on any week day, I
assure you that you can always find me there on Therefore, Tagorda is suspended from the practice
every Sunday. I also inform you that I will receive of law for a period of 1 month.
any work regarding preparations of documents of
contract of sales and affidavits to be sworn to
before me as notary public even on Sundays. I
would like you all to be informed of this matter
for the reason that some people are in the belief
that my residence as member of the Board will be
in Ilagan and that I would then be disqualified to
exercise my profession as lawyer and as notary
public. Such is not the case and I would make it
clear that I am free to exercise my profession as
formerly and that I will have my residence here in
Echague. I would request you kind favor to
transmit this information to your barrio people in
any of your meetings or social gatherings so that
they may be informed of my desire to live and to
serve with you in my capacity as lawyer and
notary public. If the people in your locality have
not as yet contracted the services of other lawyers
in connection with the registration of their land
titles, I would be willing to handle the work in
court and would charge only three pesos for every
registration.”

ISSUE: Whether or not Tagorda may be disbarred

or suspended.

RULING: YES. Section 21 of the Code of Civil

Procedure as originally conceived related to
disbarments of members of the bar. In 1919 at the
instigation of the Philippine Bar Association, said
codal section was amended by Act No. 2828 by
adding at the end thereof the following: "The
practice of soliciting cases at law for the purpose
of gain, either personally or through paid agents
or brokers, constitutes malpractice."

It becomes our duty to condemn in no uncertain

terms the ugly practice of solicitation of cases by
lawyers. It is destructive of the honor of a great
profession. It lowers the standards of that
profession. It works against the confidence of the
community in the integrity of the members of the
bar. It results in needless litigation and in
incenting to strife otherwise peacefully inclined
citizens.