Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No.

L-27654 February 18, 1970 IN THE MATTER OF PROCEEDINGS FOR DISCIPLINARY ACTION AGAINST ATTY. VICENTE RAUL ALMACEN In L-27654, ANTONIO H. CALERO, vs. VIRGINIA Y. YAPTINCHAY. Before us is Atty. Vicente Raul Almacen's "Petition to Surrender Lawyer's Certificate of Title," filed on September 25, 1967, in protest against what he therein asserts is "a great injustice committed against his client by this Supreme Court." He indicts this Court, in his own phrase, as a tribunal "peopled by men who are calloused to our pleas for justice, who ignore without reasons their own applicable decisions and commit culpable violations of the Constitution with impunity." His client's he continues, who was deeply aggrieved by this Court's "unjust judgment," has become "one of the sacrificial victims before the altar of hypocrisy." In the same breath that he alludes to the classic symbol of justice, he ridicules the members of this Court, saying "that justice as administered by the present members of the Supreme Court is not only blind, but also deaf and dumb." He then vows to argue the cause of his client "in the people's forum," so that "the people may know of the silent injustice's committed by this Court," and that "whatever mistakes, wrongs and injustices that were committed must never be repeated." He ends his petition with a prayer that ... a resolution issue ordering the Clerk of Court to receive the certificate of the undersigned attorney and counsellor-at-law IN TRUST with reservation that at any time in the future and in the event we regain our faith and confidence, we may retrieve our title to assume the practice of the noblest profession. He reiterated and disclosed to the press the contents of the aforementioned petition. Thus, on September 26, 1967, the Manila Times published statements attributed to him, as follows: Vicente Raul Almacen, in an unprecedented petition, said he did it to expose the tribunal's"unconstitutional and obnoxious" practice of arbitrarily denying petitions or appeals without any reason. Because of the tribunal's "short-cut justice," Almacen deplored, his client was condemned to pay P120,000, without knowing why he lost the case. xxx xxx xxx There is no use continuing his law practice, Almacen said in this petition, "where our Supreme Court is composed of men who are calloused to our pleas for justice, who ignore without reason their own applicable decisions and commit culpable violations of the Constitution with impunity.

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xxx xxx xxx He expressed the hope that by divesting himself of his title by which he earns his living, the present members of the Supreme Court "will become responsive to all cases brought to its attention without discrimination, and will purge itself of those unconstitutional and obnoxious "lack of merit" or "denied resolutions. (Emphasis supplied) Atty. Almacen's statement that ... our own Supreme Court is composed of men who are calloused to our pleas of [sic] justice, who ignore their own applicable decisions and commit culpable violations of the Constitution with impunity was quoted by columnist Vicente Albano Pacis in the issue of the Manila Chronicle of September 28, 1967. In connection therewith, Pacis commented that Atty. Almacen had "accused the high tribunal of offenses so serious that the Court must clear itself," and that "his charge is one of the constitutional bases for impeachment." The genesis of this unfortunate incident was a civil case entitled Virginia Y. Yaptinchay vs. Antonio H. Calero,1 in which Atty. Almacen was counsel for the defendant. The trial court, after due hearing, rendered judgment against his client. On June 15, 1966 Atty. Almacen received a copy of the decision. Twenty days later, or on July 5, 1966, he moved for its reconsideration. He served on the adverse counsel a copy of the motion, but did not notify the latter of the time and place of hearing on said motion. Meanwhile, on July 18, 1966, the plaintiff moved for execution of the judgment. For "lack of proof of service," the trial court denied both motions. To prove that he did serve on the adverse party a copy of his first motion for reconsideration, Atty. Almacen filed on August 17, 1966 a second motion for reconsideration to which he attached the required registry return card. This second motion for reconsideration, however, was ordered withdrawn by the trial court on August 30, 1966, upon verbal motion of Atty. Almacen himself, who, earlier, that is, on August 22, 1966, had already perfected the appeal. Because the plaintiff interposed no objection to the record on appeal and appeal bond, the trial court elevated the case to the Court of Appeals. But the Court of Appeals, on the authority of this Court's decision in Manila Surety & Fidelity Co., Inc. vs. Batu Construction & Co., L-16636, June 24, 1965, dismissed the appeal, in the following words: Upon consideration of the motion dated March 27, 1967, filed by plaintiffappellee praying that the appeal be dismissed, and of the opposition thereto filed by defendant-appellant; the Court RESOLVED TO DISMISS, as it hereby dismisses, the appeal, for the reason that the motion for reconsideration dated July 5, 1966 (pp. 90-113, printed record on appeal) does not contain a notice of time and place of hearing thereof and is, therefore, a useless piece of paper (Manila Surety & Fidelity Co., Inc. vs. Batu Construction & Co., G.R. No. L-16636, June 24, 1965), which did not interrupt the running of the period to appeal, and, consequently, the appeal was perfected out of time. Atty. Almacen moved to reconsider this resolution, urging that Manila Surety & Fidelity Co. is not decisive. At the same time he filed a pleading entitled "Latest decision of the Supreme Court in Support of Motion for Reconsideration," citing Republic of the Philippines vs. Gregorio A. Venturanza, L-20417, decided by this Court on May 30, 1966, as the applicable case. Again, the Court of Appeals denied the motion for reconsideration, thus:

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Before this Court for resolution are the motion dated May 9, 1967 and the supplement thereto of the same date filed by defendant- appellant, praying for reconsideration of the resolution of May 8, 1967, dismissing the appeal. Appellant contends that there are some important distinctions between this case and that of Manila Surety and Fidelity Co., Inc. vs. Batu Construction & Co., G.R. No. L- 16636, June 24, 1965, relied upon by this Court in its resolution of May 8, 1967. Appellant further states that in the latest case,Republic vs. Venturanza, L-20417, May 30, 1966, decided by the Supreme Court concerning the question raised by appellant's motion, the ruling is contrary to the doctrine laid down in the Manila Surety & Fidelity Co., Inc. case. There is no substantial distinction between this case and that of Manila Surety & Fidelity Co. In the case of Republic vs. Venturanza, the resolution denying the motion to dismiss the appeal, based on grounds similar to those raised herein was issued on November 26, 1962, which was much earlier than the date of promulgation of the decision in the Manila Surety Case, which was June 24, 1965. Further, the resolution in the Venturanza case was interlocutory and the Supreme Court issued it "without prejudice to appellee's restoring the point in the brief." In the main decision in said case (Rep. vs. Venturanza the Supreme Court passed upon the issue sub silencio presumably because of its prior decisions contrary to the resolution of November 26, 1962, one of which is that in the Manila Surety and Fidelity case. Therefore Republic vs. Venturanza is no authority on the matter in issue. Atty. Almacen then appealed to this Court by certiorari. We refused to take the case, and by minute resolution denied the appeal. Denied shortly thereafter was his motion for reconsideration as well as his petition for leave to file a second motion for reconsideration and for extension of time. Entry of judgment was made on September 8, 1967. Hence, the second motion for reconsideration filed by him after the Said date was ordered expunged from the records. It was at this juncture that Atty. Almacen gave vent to his disappointment by filing his "Petition to Surrender Lawyer's Certificate of Title," already adverted to a pleading that is interspersed from beginning to end with the insolent contemptuous, grossly disrespectful and derogatory remarks hereinbefore reproduced, against this Court as well as its individual members, a behavior that is as unprecedented as it is unprofessional. Nonetheless we decided by resolution dated September 28, 1967 to withhold action on his petition until he shall have actually surrendered his certificate. Patiently, we waited for him to make good his proffer. No word came from him. So he was reminded to turn over his certificate, which he had earlier vociferously offered to surrender, so that this Court could act on his petition. To said reminder he manifested "that he has no pending petition in connection with Case G.R. No. L-27654, Calero vs. Yaptinchay, said case is now final and executory;" that this Court's September 28, 1967 resolution did not require him to do either a positive or negative act; and that since his offer was not accepted, he "chose to pursue the negative act." In the exercise of its inherent power to discipline a member of the bar for contumely and gross misconduct, this Court on November 17, 1967 resolved to require Atty. Almacen to show cause "why no disciplinary action should be taken against him." Denying the charges

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contained in the November 17 resolution, he asked for permission "to give reasons and cause why no disciplinary action should be taken against him ... in an open and public hearing." This Court resolved (on December 7) "to require Atty. Almacen to state, within five days from notice hereof, his reasons for such request, otherwise, oral argument shall be deemed waived and incident submitted for decision." To this resolution he manifested that since this Court is "the complainant, prosecutor and Judge," he preferred to be heard and to answer questions "in person and in an open and public hearing" so that this Court could observe his sincerity and candor. He also asked for leave to file a written explanation "in the event this Court has no time to hear him in person." To give him the ampliest latitude for his defense, he was allowed to file a written explanation and thereafter was heard in oral argument. His written answer, as undignified and cynical as it is unchastened, offers -no apology. Far from being contrite Atty. Almacen unremittingly repeats his jeremiad of lamentations, this time embellishing it with abundant sarcasm and innuendo. Thus: At the start, let me quote passages from the Holy Bible, Chapter 7, St. Matthew: "Do not judge, that you may not be judged. For with what judgment you judge, you shall be judged, and with what measure you measure, it shall be measured to you. But why dost thou see the speck in thy brother's eye, and yet dost not consider the beam in thy own eye? Or how can thou say to thy brother, "Let me cast out the speck from thy eye"; and behold, there is a beam in thy own eye? Thou hypocrite, first cast out the beam from thy own eye, and then thou wilt see clearly to cast out the speck from thy brother's eyes." "Therefore all that you wish men to do to you, even to do you also to them: for this is the Law and the Prophets." xxx xxx xxx Your respondent has no intention of disavowing the statements mentioned in his petition. On the contrary, he refirms the truth of what he stated, compatible with his lawyer's oath that he will do no falsehood, nor consent to the doing of any in court. But he vigorously DENY under oath that the underscored statements contained in the CHARGE are insolent, contemptuous, grossly disrespectful and derogatory to the individual members of the Court; that they tend to bring the entire Court, without justification, into disrepute; and constitute conduct unbecoming of a member of the noble profession of law. xxx xxx xxx Respondent stands four-square that his statement is borne by TRUTH and has been asserted with NO MALICE BEFORE AND AFTER THOUGHT but mainly motivated with the highest interest of justice that in the particular case of our client, the members have shown callousness to our various pleas for JUSTICE, our pleadings will bear us on this matter, ... xxx xxx xxx

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To all these beggings, supplications, words of humility, appeals for charity, generosity, fairness, understanding, sympathy and above all in the highest interest of JUSTICE, what did we get from this COURT? One word, DENIED, with all its hardiness and insensibility. That was the unfeeling of the Court towards our pleas and prayers, in simple word, it is plain callousness towards our particular case. xxx xxx xxx Now that your respondent has the guts to tell the members of the Court that notwithstanding the violation of the Constitution, you remained unpunished, this Court in the reverse order of natural things, is now in the attempt to inflict punishment on your respondent for acts he said in good faith. Did His Honors care to listen to our pleadings and supplications for JUSTICE, CHARITY, GENEROSITY and FAIRNESS? Did His Honors attempt to justify their stubborn denial with any semblance of reason, NEVER. Now that your respondent is given the opportunity to face you, he reiterates the same statement with emphasis, DID YOU? Sir. Is this. the way of life in the Philippines today, that even our own President, said: "the story is current, though nebulous ,is to its truth, it is still being circulated that justice in the Philippines today is not what it is used to be before the war. There are those who have told me frankly and brutally that justice is a commodity, a marketable commodity in the Philippines." xxx xxx xxx We condemn the SIN, not the SINNER. We detest the ACTS, not the ACTOR. We attack the decision of this Court, not the members. ... We were provoked. We were compelled by force of necessity. We were angry but we waited for the finality of the decision. We waited until this Court has performed its duties. We never interfered nor obstruct in the performance of their duties. But in the end, after seeing that the Constitution has placed finality on your judgment against our client and sensing that you have not performed your duties with "circumspection, carefulness, confidence and wisdom", your Respondent rise to claim his God given right to speak the truth and his Constitutional right of free speech. xxx xxx xxx The INJUSTICES which we have attributed to this Court and the further violations we sought to be prevented is impliedly shared by our President. ... . xxx xxx xxx What has been abhored and condemned, are the very things that were applied to us. Recalling Madam Roland's famous apostrophe during the French revolution, "O Liberty, what crimes are committed in thy name", we may dare say, "O JUSTICE, what technicalities are committed in thy name' or more appropriately, 'O JUSTICE, what injustices are committed in thy name." xxx xxx xxx

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We must admit that this Court is not free from commission of any abuses, but who would correct such abuses considering that yours is a court of last resort. A strong public opinion must be generated so as to curtail these abuses. xxx xxx xxx The phrase, Justice is blind is symbolize in paintings that can be found in all courts and government offices. We have added only two more symbols, that it is also deaf and dumb. Deaf in the sense that no members of this Court has ever heard our cries for charity, generosity, fairness, understanding sympathy and for justice; dumb in the sense, that inspite of our beggings, supplications, and pleadings to give us reasons why our appeal has been DENIED, not one word was spoken or given ... We refer to no human defect or ailment in the above statement. We only describe the. impersonal state of things and nothing more. xxx xxx xxx As we have stated, we have lost our faith and confidence in the members of this Court and for which reason we offered to surrender our lawyer's certificate, IN TRUST ONLY. Because what has been lost today may be regained tomorrow. As the offer was intended as our self-imposed sacrifice, then we alone may decide as to when we must end our self-sacrifice. If we have to choose between forcing ourselves to have faith and confidence in the members of the Court but disregard our Constitution and to uphold the Constitution and be condemned by the members of this Court, there is no choice, we must uphold the latter. But overlooking, for the nonce, the vituperative chaff which he claims is not intended as a studied disrespect to this Court, let us examine the grain of his grievances. He chafes at the minute resolution denial of his petition for review. We are quite aware of the criticisms2 expressed against this Court's practice of rejecting petitions by minute resolutions. We have been asked to do away with it, to state the facts and the law, and to spell out the reasons for denial. We have given this suggestion very careful thought. For we know the abject frustration of a lawyer who tediously collates the facts and for many weary hours meticulously marshalls his arguments, only to have his efforts rebuffed with a terse unadorned denial. Truth to tell, however, most petitions rejected by this Court are utterly frivolous and ought never to have been lodged at all.3The rest do exhibit a first-impression cogency, but fail to, withstand critical scrutiny. By and large, this Court has been generous in giving due course to petitions for certiorari. Be this as it may, were we to accept every case or write a full opinion for every petition we reject, we would be unable to carry out effectively the burden placed upon us by the Constitution. The proper role of the Supreme Court, as Mr. Chief Justice Vinson of the U.S. Supreme Court has defined it, is to decide "only those cases which present questions whose resolutions will have immediate importance beyond the particular facts and parties involved." Pertinent here is the observation of Mr. Justice Frankfurter in Maryland vs. Baltimore Radio Show, 94 L. ed 562, 566: A variety of considerations underlie denials of the writ, and as to the same petition different reasons may read different justices to the same result ... .

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Since there are these conflicting, and, to the uninformed, even confusing reasons for denying petitions for certiorari, it has been suggested from time to time that the Court indicate its reasons for denial. Practical considerations preclude. In order that the Court may be enabled to discharge its indispensable duties, Congress has placed the control of the Court's business, in effect, within the Court's discretion. During the last three terms the Court disposed of 260, 217, 224 cases, respectively, on their merits. For the same three terms the Court denied, respectively, 1,260, 1,105,1,189 petitions calling for discretionary review. If the Court is to do its work it would not be feasible to give reasons, however brief, for refusing to take these cases. The tune that would be required is prohibitive. Apart from the fact that as already indicated different reasons not infrequently move different members of the Court in concluding that a particular case at a particular time makes review undesirable. Six years ago, in Novino, et al., vs. Court of Appeals, et al., 1,21098, May 31, 1963 (60 O.G. 8099), this Court, through the then Chief Justice Cesar Bengzon, articulated its considered view on this matter. There, the petitioners counsel urged that a "lack of merit" resolution violates Section 12 of Article VIII of the Constitution. Said Chief Justice Bengzon: In connection with identical short resolutions, the same question has been raised before; and we held that these "resolutions" are not "decisions" within the above constitutional requirement. They merely hold that the petition for review should not be entertained in view of the provisions of Rule 46 of the Rules of Court; and even ordinary lawyers have all this time so understood it. It should be remembered that a petition to review the decision of the Court of Appeals is not a matter of right, but of sound judicial discretion; and so there is no need to fully explain the court's denial. For one thing, the facts and the law are already mentioned in the Court of Appeals' opinion. By the way, this mode of disposal has as intended helped the Court in alleviating its heavy docket; it was patterned after the practice of the U.S. Supreme Court, wherein petitions for review are often merely ordered "dismissed". We underscore the fact that cases taken to this Court on petitions for certiorari from the Court of Appeals have had the benefit of appellate review. Hence, the need for compelling reasons to buttress such petitions if this Court is to be moved into accepting them. For it is axiomatic that the supervisory jurisdiction vested upon this Court over the Court of Appeals is not intended to give every losing party another hearing. This axiom is implied in sec. 4 of Rule 45 of the Rules of Court which recites: Review of Court of Appeals' decision discretionary.A review is not a matter of right but of sound judicial discretion, and will be granted only when there are special and important reasons therefor. The following, while neither controlling nor fully measuring the court's discretion, indicate the character of reasons which will be considered: (a) When the Court of Appeals has decided a question of substance, not theretofore determined by the Supreme Court, nor has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme Court;

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(b) When the Court of Appeals has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by the lower court, as to call for the exercise of the power of supervision. Recalling Atty. Almacen's petition for review, we found, upon a thoroughgoing examination of the pleadings. and records, that the Court of Appeals had fully and correctly considered the dismissal of his appeal in the light of the law and applicable decisions of this Court. Far from straying away from the "accepted and usual course of judicial proceedings," it traced the procedural lines etched by this Court in a number of decisions. There was, therefore, no need for this Court to exercise its supervisory power. As a law practitioner who was admitted to the Bar as far back as 1941, Atty. Almacen knew or ought to have known that for a motion for reconsideration to stay the running of the period of appeal, the movant must not only serve a copy of the motion upon the adverse party (which he did), but also notify the adverse party of the time and place of hearing (which admittedly he did not). This rule was unequivocally articulated in Manila Surety & Fidelity vs. Batu Construction & Co., supra: The written notice referred to evidently is prescribed for motions in general by Rule 15, Sections 4 and 5 (formerly Rule 26), which provides that such notice shall state the time, and place of hearing and shall be served upon all the Parties concerned at least three days in advance. And according to Section 6 of the same Rule no motion shall be acted upon by the court without proof of such notice. Indeed it has been held that in such a case the motion is nothing but a useless piece of paper (Philippine National Bank v. Damasco, I,18638, Feb. 28, 1963; citing Manakil v. Revilla, 42 Phil. 81; Roman Catholic Bishop of Lipa v. Municipality of Unisan, 41 Phil. 866; and Director of Lands vs. Sanz, 45 Phil. 117). The reason is obvious: Unless the movant sets the time and place of hearing the Court would have no way to determine whether that party agrees to or objects to the motion, and if he objects, to hear him on his objection, since the Rules themselves do not fix any period within which he may file his reply or opposition. If Atty. Almacen failed to move the appellate court to review the lower court's judgment, he has only himself to blame. His own negligence caused the forfeiture of the remedy of appeal, which, incidentally, is not a matter of right. To shift away from himself the consequences of his carelessness, he looked for a "whipping boy." But he made sure that he assumed the posture of a martyr, and, in offering to surrender his professional certificate, he took the liberty of vilifying this Court and inflicting his exacerbating rancor on the members thereof. It would thus appear that there is no justification for his scurrilous and scandalous outbursts. Nonetheless we gave this unprecedented act of Atty. Almacen the most circumspect consideration. We know that it is natural for a lawyer to express his dissatisfaction each time he loses what he sanguinely believes to be a meritorious case. That is why lawyers are given 'wide latitude to differ with, and voice their disapproval of, not only the courts' rulings but, also the manner in which they are handed down. Moreover, every citizen has the right to comment upon and criticize the actuations of public officers. This right is not diminished by the fact that the criticism is aimed at a judicial authority,4 or that it is articulated by a lawyer.5Such right is especially recognized where the criticism concerns a concluded litigation,6 because then the court's actuations are thrown open to public consumption.7 "Our decisions and all our official actions," said the Supreme Court of Nebraska,8 "are public property, and the press and the people have the undoubted

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right to comment on them, criticize and censure them as they see fit. Judicial officers, like other public servants, must answer for their official actions before the chancery of public opinion." The likely danger of confusing the fury of human reaction to an attack on one's integrity, competence and honesty, with "imminent danger to the administration of justice," is the reason why courts have been loath to inflict punishment on those who assail their actuations.9 This danger lurks especially in such a case as this where those who Sit as members of an entire Court are themselves collectively the aggrieved parties. Courts thus treat with forbearance and restraint a lawyer who vigorously assails their actuations. 10 For courageous and fearless advocates are the strands that weave durability into the tapestry of justice. Hence, as citizen and officer of the court, every lawyer is expected not only to exercise the right, but also to consider it his duty to expose the shortcomings and indiscretions of courts and judges. 11 Courts and judges are not sacrosanct. 12 They should and expect critical evaluation of their performance. 13 For like the executive and the legislative branches, the judiciary is rooted in the soil of democratic society, nourished by the periodic appraisal of the citizens whom it is expected to serve. Well-recognized therefore is the right of a lawyer, both as an officer of the court and as a citizen, to criticize in properly respectful terms and through legitimate channels the acts of courts and judges. The reason is that An attorney does not surrender, in assuming the important place accorded to him in the administration of justice, his right as a citizen to criticize the decisions of the courts in a fair and respectful manner, and the independence of the bar, as well as of the judiciary, has always been encouraged by the courts. (In re Ades, 6 F Supp. 487) . Criticism of the courts has, indeed, been an important part of the traditional work of the bar. In the prosecution of appeals, he points out the errors of lower courts. In written for law journals he dissects with detachment the doctrinal pronouncements of courts and fearlessly lays bare for -all to see that flaws and inconsistence" of the doctrines (Hill v. Lyman, 126 NYS 2d 286). As aptly stated by Chief Justice Sharswood in Ex Parte Steinman, 40 Am. Rep. 641: No class of the community ought to be allowed freer scope in the expansion or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities for observing and forming a correct judgment. They are in constant attendance on the courts. ... To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood, by the judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained. ... . Hence, as a citizen and as Officer of the court a lawyer is expected not only to exercise the right, but also to consider it his duty to avail of such right. No law may abridge this right. Nor is he "professionally answerable for a scrutiny into the official conduct of the judges, which would not expose him to legal animadversion as a citizen." (Case of Austin, 28 Am. Dee. 657, 665).

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Above all others, the members of the bar have the beat Opportunity to become conversant with the character and efficiency of our judges. No class is less likely to abuse the privilege, as no other class has as great an interest in the preservation of an able and upright bench. (State Board of Examiners in Law v. Hart, 116 N.W. 212, 216) To curtail the right of a lawyer to be critical of the foibles of courts and judges is to seal the lips of those in the best position to give advice and who might consider it their duty to speak disparagingly. "Under such a rule," so far as the bar is concerned, "the merits of a sitting judge may be rehearsed, but as to his demerits there must be profound silence." (State v. Circuit Court, 72 N.W. 196) But it is the cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety. A wide chasm exists between fair criticism, on the One hand, and abuse and slander of courts and the judges thereof, on the other. Intemperate and unfair criticism is a gross violation of the duty of respect to courts. It is Such a misconduct that subjects a lawyer to disciplinary action. For, membership in the Bar imposes upon a person obligations and duties which are not mere flux and ferment. His investiture into the legal profession places upon his shoulders no burden more basic, more exacting and more imperative than that of respectful behavior toward the courts. He vows solemnly to conduct himself "with all good fidelity ... to the courts; 14 and the Rules of Court constantly remind him "to observe and maintain the respect due to courts of justice and judicial officers." 15 The first canon of legal ethics enjoins him "to maintain towards the courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance." As Mr. Justice Field puts it: ... the obligation which attorneys impliedly assume, if they do not by express declaration take upon themselves, when they are admitted to the Bar, is not merely to be obedient to the Constitution and laws, but to maintain at all times the respect due to courts of justice and judicial officers. This obligation is not discharged by merely observing the rules of courteous demeanor in open court, but includes abstaining out of court from all insulting language and offensive conduct toward judges personally for their judicial acts. (Bradley, v. Fisher, 20 Law. 4d. 647, 652) The lawyer's duty to render respectful subordination to the courts is essential to the orderly administration of justice. Hence, in the assertion of their clients' rights, lawyers even those gifted with superior intellect are enjoined to rein up their tempers. The counsel in any case may or may not be an abler or more learned lawyer than the judge, and it may tax his patience and temper to submit to rulings which he regards as incorrect, but discipline and self-respect are as necessary to the orderly administration of justice as they are to the effectiveness of an army. The decisions of the judge must be obeyed, because he is the tribunal appointed to decide, and the bar should at all times be the foremost in rendering respectful submission. (In Re Scouten, 40 Atl. 481) We concede that a lawyer may think highly of his intellectual endowment That is his privilege. And he may suffer frustration at what he feels is others' lack of it. That is his misfortune. Some such frame of mind, however, should not be allowed to harden into a belief that he may attack a court's decision in words

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calculated to jettison the time-honored aphorism that courts are the temples of right. (Per Justice Sanchez in Rheem of the Philippines vs. Ferrer, L-22979. June 26, 1967) In his relations with the courts, a lawyer may not divide his personality so as to be an attorney at one time and a mere citizen at another. Thus, statements made by an attorney in private conversations or communications 16 or in the course of a political, campaign, 17 if couched in insulting language as to bring into scorn and disrepute the administration of justice, may subject the attorney to disciplinary action. Of fundamental pertinence at this juncture is an examination of relevant parallel precedents. 1. Admitting that a "judge as a public official is neither sacrosanct nor immune to public criticism of his conduct in office," the Supreme Court of Florida in State v. Calhoon, 102 So. 2d 604, 608, nevertheless declared that "any conduct of a lawyer which brings into scorn and disrepute the administration of justice demands condemnation and the application of appropriate penalties," adding that: It would be contrary to, every democratic theory to hold that a judge or a court is beyond bona fide comments and criticisms which do not exceed the bounds of decency and truth or which are not aimed at. the destruction of public confidence in the judicial system as such. However, when the likely impairment of the administration of justice the direct product of false and scandalous accusations then the rule is otherwise. 2. In In Re Glenn, 130 N.W. 2d 672, an attorney was suspended for putting out and circulating a leaflet entitled "JUSTICE??? IN OTUMWA," which accused a municipal judge of having committed judicial error, of being so prejudiced as to deny his clients a fair trial on appeal and of being subject to the control of a group of city officials. As a prefatory statement he wrote: "They say that Justice is BLIND, but it took Municipal Judge Willard to prove that it is also DEAF and DUMB!" The court did not hesitate to find that the leaflet went much further than the accused, as a lawyer, had a right to do. The entire publication evidences a desire on the part Of the accused to belittle and besmirch the court and to bring it into disrepute with the general public. 3. In In Re Humphrey, 163 Pac. 60, the Supreme Court of California affirmed the two-year suspension of an attorney who published a circular assailing a judge who at that time was a candidate for re-election to a judicial office. The circular which referred to two decisions of the judge concluded with a statement that the judge "used his judicial office to enable -said bank to keep that money." Said the court: We are aware that there is a line of authorities which place no limit to the criticism members of the bar may make regarding the capacity, impartiality, or integrity of the courts, even though it extends to the deliberate publication by the attorney capable of correct reasoning of baseless insinuations against the intelligence and integrity of the highest courts. See State Board, etc. v. Hart. 116 N.W. 212, 17 LRA (N.S.) 585, 15 Ann Cas 197 and note: Ex parte Steinman 95 Pac. 220, 40 Am. Rep. 637. In the first case mentioned it was observed, for instance: "It may be (although we do not so decide) that a libelous publication by an attorney, directed against a judicial officer,

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could be so vile and of such a nature as to justify the disbarment of its author." Yet the false charges made by an attorney in that case were of graver character than those made by the respondent here. But, in our view, the better rule is that which requires of those who are permitted to enjoy the privilege of practicing law the strictest observance at all times of the principles of truth, honesty and fairness, especially in their criticism of the courts, to the end that the public confidence in the due administration of justice be upheld, and the dignity and usefulness of the courts be maintained. In re Collins, 81 Pac. 220. 4. In People ex rel Chicago Bar Asso. v. Metzen, 123 N.E. 734, an attorney, representing a woman who had been granted a divorce, attacked the judge who set aside the decree on bill of review. He wrote the judge a threatening letter and gave the press the story of a proposed libel suit against the judge and others. The letter began: Unless the record in In re Petersen v. Petersen is cleared up so that my name is protected from the libel, lies, and perjury committed in the cases involved, I shall be compelled to resort to such drastic action as the law allows and the case warrants. Further, he said: "However let me assure you I do not intend to allow such dastardly work to go unchallenged," and said that he was engaged in dealing with men and not irresponsible political manikins or appearances of men. Ordering the attorney's disbarment, the Supreme Court of Illinois declared: ... Judges are not exempt from just criticism, and whenever there is proper ground for serious complaint against a judge, it is the right and duty of a lawyer to submit his grievances to the proper authorities, but the public interest and the administration of the law demand that the courts should have the confidence and respect of the people. Unjust criticism, insulting language, and offensive conduct toward the judges personally by attorneys, who are officers of the court, which tend to bring the courts and the law into disrepute and to destroy public confidence in their integrity, cannot be permitted. The letter written to the judge was plainly an attempt to intimidate and influence him in the discharge of judicial functions, and the bringing of the unauthorized suit, together with the write-up in the Sunday papers, was intended and calculated to bring the court into disrepute with the public. 5. In a public speech, a Rhode Island lawyer accused the courts of the state of being influenced by corruption and greed, saying that the seats of the Supreme Court were bartered. It does not appear that the attorney had criticized any of the opinions or decisions of the Court. The lawyer was charged with unprofessional conduct, and was ordered suspended for a period of two years. The Court said: A calumny of that character, if believed, would tend to weaken the authority of the court against whose members it was made, bring its judgments into contempt, undermine its influence as an unbiased arbiter of the people's right, and interfere with the administration of justice. ... Because a man is a member of the bar the court will not, under the guise of disciplinary proceedings, deprive him of any part of that freedom of speech which he possesses as a citizen. The acts and decisions of the courts of this

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state, in cases that have reached final determination, are not exempt from fair and honest comment and criticism. It is only when an attorney transcends the limits of legitimate criticism that he will be held responsible for an abuse of his liberty of speech. We well understand that an independent bar, as well as independent court, is always a vigilant defender of civil rights. In Re Troy, 111 Atl. 723. 725. 6. In In Re Rockmore, 111 NYS 879, an attorney was suspended for six months for submitting to an appellate court an affidavit reflecting upon the judicial integrity of the court from which the appeal was taken. Such action, the Court said, constitutes unprofessional conduct justifying suspension from practice, notwithstanding that he fully retracted and withdrew the statements, and asserted that the affidavit was the result of an impulse caused by what he considered grave injustice. The Court said: We cannot shut our eyes to the fact that there is a growing habit in the profession of criticising the motives and integrity of judicial officers in the discharge of their duties, and thereby reflecting on the administration of justice and creating the impression that judicial action is influenced by corrupt or improper motives. Every attorney of this court, as well as every other citizen, has the right and it is his duty, to submit charges to the authorities in whom is vested the power to remove judicial officers for any conduct or act of a judicial officer that tends to show a violation of his duties, or would justify an inference that he is false to his trust, or has improperly administered the duties devolved upon him; and such charges to the tribunal, if based upon reasonable inferences, will be encouraged, and the person making them protected. ... While we recognize the inherent right of an attorney in a case decided against him, or the right of the Public generally, to criticise the decisions of the courts, or the reasons announced for them, the habit of criticising the motives of judicial officers in the performance of their official duties, when the proceeding is not against the officers whose acts or motives are criticised, tends to subvert the confidence of the community in the courts of justice and in the administration of justice; and when such charges are made by officers of the courts, who are bound by their duty to protect the administration of justice, the attorney making such charges is guilty of professional misconduct. 7. In In Re Mitchell, 71 So. 467, a lawyer published this statement: I accepted the decision in this case, however, with patience, barring possible temporary observations more or less vituperative and finally concluded, that, as my clients were foreigners, it might have been expecting too much to look for a decision in their favor against a widow residing here. The Supreme Court of Alabama declared that: ... the expressions above set out, not only transcend the bounds of propriety and privileged criticism, but are an unwarranted attack, direct, or by insinuation and innuendo, upon the motives and integrity of this court, and make out a prima facie case of improper conduct upon the part of a lawyer who holds a license from this court and who is under oath to demean himself with all good fidelity to the court as well as to his client. The charges, however, were dismissed after the attorney apologized to the Court.

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8. In State ex rel. Dabney v. Breckenridge, 258 Pac. 747, an attorney published in a newspaper an article in which he impugned the motives of the court and its members to try a case, charging the court of having arbitrarily and for a sinister purpose undertaken to suspend the writ of habeas corpus. The Court suspended the respondent for 30 days, saying that: The privileges which the law gives to members of the bar is one most subversive of the public good, if the conduct of such members does not measure up to the requirements of the law itself, as well as to the ethics of the profession. ... The right of free speech and free discussion as to judicial determination is of prime importance under our system and ideals of government. No right thinking man would concede for a moment that the best interest to private citizens, as well as to public officials, whether he labors in a judicial capacity or otherwise, would be served by denying this right of free speech to any individual. But such right does not have as its corollary that members of the bar who are sworn to act honestly and honorably both with their client and with the courts where justice is administered, if administered at all, could ever properly serve their client or the public good by designedly misstating facts or carelessly asserting the law. Truth and honesty of purpose by members of the bar in such discussion is necessary. The health of a municipality is none the less impaired by a polluted water supply than is the health of the thought of a community toward the judiciary by the filthy wanton, and malignant misuse of members of the bar of the confidence the public, through its duly established courts, has reposed in them to deal with the affairs of the private individual, the protection of whose rights he lends his strength and money to maintain the judiciary. For such conduct on the part of the members of the bar the law itself demands retribution not the court. 9. In Bar Ass'n of San Francisco v. Philbrook, 170 Pac. 440, the filing of an affidavit by an attorney in a pending action using in respect to the several judges the terms criminal corrupt, and wicked conspiracies,," "criminal confederates," "colossal and confident insolence," "criminal prosecution," "calculated brutality," "a corrupt deadfall," and similar phrases, was considered conduct unbecoming of a member of the bar, and the name of the erring lawyer was ordered stricken from the roll of attorneys. 10. In State Board of Examiners v. Hart, 116 N.W. 215, the erring attorney claimed that greater latitude should be allowed in case of criticism of cases finally adjudicated than in those pending. This lawyer wrote a personal letter to the Chief Justice of the Supreme Court of Minnesota impugning both the intelligence and the integrity of the said Chief Justice and his associates in the decisions of certain appeals in which he had been attorney for the defeated litigants. The letters were published in a newspaper. One of the letters contained this paragraph: You assigned it (the property involved) to one who has no better right to it than the burglar to his plunder. It seems like robbing a widow to reward a fraud, with the court acting as a fence, or umpire, watchful and vigilant that the widow got no undue advantage. ... The point is this: Is a proper motive for the decisions discoverable, short of assigning to the court emasculated intelligence, or a constipation of morals and faithlessness to duty? If the state bar association, or a committee chosen from its rank, or the faculty of the University Law School, aided by the researches of its hundreds of bright, active students, or if

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any member of the court, or any other person, can formulate a statement of a correct motive for the decision, which shall not require fumigation before it is stated, and quarantine after it is made, it will gratify every right-minded citizen of the state to read it. The Supreme Court of Minnesota, in ordering the suspension of the attorney for six months, delivered its opinion as follows: The question remains whether the accused was guilty of professional misconduct in sending to the Chief Justice the letter addressed to him. This was done, as we have found, for the very purpose of insulting him and the other justices of this court; and the insult was so directed to the Chief Justice personally because of acts done by him and his associates in their official capacity. Such a communication, so made, could never subserve any good purpose. Its only effect in any case would be to gratify the spite of an angry attorney and humiliate the officers so assailed. It would not and could not ever enlighten the public in regard to their judicial capacity or integrity. Nor was it an exercise by the accused of any constitutional right, or of any privilege which any reputable attorney, uninfluenced by passion, could ever have any occasion or desire to assert. No judicial officer, with due regard to his position, can resent such an insult otherwise than by methods sanctioned by law; and for any words, oral or written, however abusive, vile, or indecent, addressed secretly to the judge alone, he can have no redress in any action triable by a jury. "The sending of a libelous communication or libelous matter to the person defamed does not constitute an actionable publication." 18 Am. & Eng. Enc. Law (2d Ed.) p. 1017. In these respects the sending by the accused of this letter to the Chief Justice was wholly different from his other acts charged in the accusation, and, as we have said, wholly different principles are applicable thereto. The conduct of the accused was in every way discreditable; but so far as he exercised the rights of a citizen, guaranteed by the Constitution and sanctioned by considerations of public policy, to which reference has been made, he was immune, as we hold, from the penalty here sought to be enforced. To that extent his rights as a citizen were paramount to the obligation which he had assumed as an officer of this court. When, however he proceeded and thus assailed the Chief Justice personally, he exercised no right which the court can recognize, but, on the contrary, willfully violated his obligation to maintain the respect due to courts and judicial officers. "This obligation is not discharged by merely observing the rules of courteous demeanor in open court, but it includes abstaining out of court from all insulting language and offensive conduct toward the judges personally for their official acts."Bradley v. Fisher, 13 Wall. (U.S.) 355, 20 L. Ed. 646. And there appears to be no distinction, as regards the principle involved, between the indignity of an assault by an attorney upon a judge, induced by his official act, and a personal insult for like cause by written or spoken words addressed to the judge in his chambers or at his home or elsewhere. Either act constitutes misconduct wholly different from criticism of judicial acts addressed or spoken to others. The distinction made is, we think entirely logical and well sustained by authority. It was recognized in Ex parte McLeod supra. While the court in that case, as has been shown, fully sustained the right of a citizen to criticise rulings of the court in actions which are ended, it held that one might be summarily punished for assaulting a judicial officer, in that case a commissioner of the court, for his rulings in a cause wholly concluded. "Is it in the power of any person," said the court, "by

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insulting or assaulting the judge because of official acts, if only the assailant restrains his passion until the judge leaves the building, to compel the judge to forfeit either his own self-respect to the regard of the people by tame submission to the indignity, or else set in his own person the evil example of punishing the insult by taking the law in his own hands? ... No high-minded, manly man would hold judicial office under such conditions." That a communication such as this, addressed to the Judge personally, constitutes professional delinquency for which a professional punishment may be imposed, has been directly decided. "An attorney who, after being defeated in a case, wrote a personal letter to the trial justice, complaining of his conduct and reflecting upon his integrity as a justice, is guilty of misconduct and will be disciplined by the court." Matter of Manheim 133 App. Div. 136, 99 N.Y. Supp. 87 The same is held in Re Griffin (City Ct.) 1 N.Y. 7 and in Re Wilkes (City Ct.) 3 N.Y. In the latter case it appeared that the accused attorney had addressed a sealed letter to a justice of the City Court of New York, in which it was stated, in reference to his decision: "It is not law; neither is it common sense. The result is I have been robbed of 80." And it was decided that, while such conduct was not a contempt under the state, the matter should be "called to the attention of the Supreme Court, which has power to discipline the attorney." "If," says the court, "counsel learned in the law are permitted by writings leveled at the heads of judges, to charge them with ignorance, with unjust rulings, and with robbery, either as principals or accessories, it will not be long before the general public may feel that they may redress their fancied grievances in like manner, and thus the lot of a judge will be anything but a happy one, and the administration of justice will fall into bad repute." The recent case of Johnson v. State (Ala.) 44 South. 671, was in this respect much the same as the case at bar. The accused, an attorney at law, wrote and mailed a letter to the circuit judge, which the latter received by due course of mail, at his home, while not holding court, and which referred in insulting terms to the conduct of the judge in a cause wherein the accused had been one of the attorneys. For this it was held that the attorney was rightly disbarred in having "willfully failed to maintain respect due to him [the judge] as a judicial officer, and thereby breached his oath as an attorney." As recognizing the same principle, and in support of its application to the facts of this case, we cite the following: Ex parte Bradley, 7 Wall (U.S.) 364, 19 L. Ed. 214; Beene v. State, 22 Ark. 149;Commonwealth v. Dandridge, 2 Va. Cas. 408; People v. Green, 7 Colo 237, 244, 3 Pac. 65, 374, 49 Am. Rep. 351; Smith's Appeal, 179 Pa. 14, 36 Atl. 134; Scouten's Appeal, 186 Pa. 270, Atl. 481. Our conclusion is that the charges against the accused have been so far sustained as to make it our duty to impose such a penalty as may be sufficient lesson to him and a suitable warning to others. ... 11. In Cobb v. United States, 172 F. 641, the court affirmed a lawyer's suspension for 18 months for publishing a letter in a newspaper in which he accused a judge of being under the sinister influence of a gang that had paralyzed him for two years. 12. In In Re Graves, 221 Pac. 411, the court held that an attorney's unjustifiable attack against the official acts and decisions of a judge constitutes "moral turpitude." There, the attorney was disbarred for criticising not only the judge, but his decisions in general claiming

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that the judge was dishonest in reaching his decisions and unfair in his general conduct of a case. 13. In In Re Doss, 12 N.E. 2d 659, an attorney published newspaper articles after the trial of cases, criticising the court in intemperate language. The invariable effect of this sort of propaganda, said the court, is to breed disrespect for courts and bring the legal profession into disrepute with the public, for which reason the lawyer was disbarred. 14. In State v. Grimes, 354 Pac. 2d 108, an attorney, dissatisfied with the loss of a case, prepared over a period of years vicious attacks on jurists. The Oklahoma Supreme Court declared that his acts involved such gross moral turpitude as to make him unfit as a member of the bar. His disbarment was ordered, even though he expressed an intention to resign from the bar. The teaching derived from the above disquisition and impressive affluence of judicial pronouncements is indubitable: Post-litigation utterances or publications, made by lawyers, critical of the courts and their judicial actuations, whether amounting to a crime or not, which transcend the permissible bounds of fair comment and legitimate criticism and thereby tend to bring them into disrepute or to subvert public confidence in their integrity and in the orderly administration of justice, constitute grave professional misconduct which may be visited with disbarment or other lesser appropriate disciplinary sanctions by the Supreme Court in the exercise of the prerogatives inherent in it as the duly constituted guardian of the morals and ethics of the legal fraternity. Of course, rarely have we wielded our disciplinary powers in the face of unwarranted outbursts of counsel such as those catalogued in the above-cited jurisprudence. Cases of comparable nature have generally been disposed of under the power of courts to punish for contempt which, although resting on different bases and calculated to attain a different end, nevertheless illustrates that universal abhorrence of such condemnable practices. A perusal of the more representative of these instances may afford enlightenment. 1. In Salcedo vs. Hernandez, 61 Phil. 724, where counsel branded the denial of his motion for reconsideration as "absolutely erroneous and constituting an outrage to the rigths of the petitioner Felipe Salcedo and a mockery of the popular will expressed at the polls," this Court, although conceding that It is right and plausible that an attorney, in defending the cause and rights of his client, should do so with all the fervor and energy of which he is capable, but it is not, and never will be so for him to exercise said right by resorting to intimidation or proceeding without the propriety and respect which the dignity of the courts requires. The reason for this is that respect for the courts guarantees the stability of their institution. Without such guaranty, said institution would be resting on a very shaky foundation, found counsel guilty of contempt inasmuch as, in its opinion, the statements made disclosed ... an inexcusable disrespect of the authority of the court and an intentional contempt of its dignity, because the court is thereby charged with no less than having proceeded in utter disregard of the laws, the rights to the parties, and 'of the untoward consequences, or with having abused its power and mocked and flouted the rights of Attorney Vicente J. Francisco's client ... .

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2. In In re Sotto, 82 Phil. 595, counsel, a senator and the author of the Press Freedom Law, reaching to, the imprisonment for contempt of one Angel Parazo, who, invoking said law, refused to divulge the source of a news item carried in his paper, caused to be published in i local newspaper a statement expressing his regret "that our High Tribunal has not only erroneously interpreted said law, but it is once more putting in evidence the incompetency or narrow mindedness of the majority of its members," and his belief that "In the wake of so many blunders and injustices deliberately committed during these last years, ... the only remedy to put an end to go much evil, is to change the members of the Supreme Court," which tribunal he denounced as "a constant peril to liberty and democracy" and "a far cry from the impregnable bulwark of justice of those memorable times of Cayetano Arellano, Victorino Mapa, Manuel Araullo and other learned jurists who were the honor and glory of the Philippine Judiciary." He there also announced that one of the first measures he would introduce in then forthcoming session of Congress would have for its object the complete reorganization of the Supreme Court. Finding him in contempt, despite his avowals of good faith and his invocation of the guarantee of free speech, this Court declared: But in the above-quoted written statement which he caused to be published in the press, the respondent does not merely criticize or comment on the decision of the Parazo case, which was then and still is pending consideration by this Court upon petition of Angel Parazo. He not only intends to intimidate the members of this Court with the presentation of a bill in the next Congress, of which he is one of the members, reorganizing the Supreme Court and reducing the number of Justices from eleven, so as to change the members of this Court which decided the Parazo case, who according to his statement, are incompetent and narrow minded, in order to influence the final decision of said case by this Court, and thus embarrass or obstruct the administration of justice. But the respondent also attacks the honesty and integrity of this Court for the apparent purpose of bringing the Justices of this Court into disrepute and degrading the administration. of justice ... . To hurl the false charge that this Court has been for the last years committing deliberately so many blunders and injustices, that is to say, that it has been deciding in favor of Que party knowing that the law and justice is on the part of the adverse party and not on the one in whose favor the decision was rendered, in many cases decided during the last years, would tend necessarily to undermine the confidence of the people in the honesty and integrity of the members of this Court, and consequently to lower ,or degrade the administration of justice by this Court. The Supreme Court of the Philippines is, under the Constitution, the last bulwark to which the Filipino people may repair to obtain relief for their grievances or protection of their rights when these are trampled upon, and if the people lose their confidence in the honesty and integrity of the members of this Court and believe that they cannot expect justice therefrom, they might be driven to take the law into their own hands, and disorder and perhaps chaos might be the result. As a member of the bar and an officer of the courts, Atty. Vicente Sotto, like any other, is in duty bound to uphold the dignity and authority of this Court, to which he owes fidelity according to the oath he has taken as such attorney, and not to promote distrust in the administration of justice. Respect to the courts guarantees the stability of other institutions, which without such guaranty would be resting on a very shaky foundation. Significantly, too, the Court therein hastened to emphasize that

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... an attorney as an officer of the court is under special obligation to be respectful in his conduct and communication to the courts; he may be removed from office or stricken from the roll of attorneys as being guilty of flagrant misconduct (17 L.R.A. [N.S.], 586, 594.) 3. In Rheem of the Philippines vs. Ferrer: In re Proceedings against Alfonso Ponce Enrile, et al., supra, where counsel charged this Court with having "repeatedly fallen" into ,the pitfall of blindly adhering to its previous "erroneous" pronouncements, "in disregard of the law on jurisdiction" of the Court of Industrial Relations, our condemnation of counsel's misconduct was unequivocal. Articulating the sentiments of the Court, Mr. Justice Sanchez stressed: As we look back at the language (heretofore quoted) employed in the motion for reconsideration, implications there are which inescapably arrest attention. It speaks of one pitfall into which this Court has repeatedly fallen whenever the jurisdiction of the Court of Industrial Relations comes into question. That pitfall is the tendency of this Court to rely on its own pronouncements in disregard of the law on jurisdiction. It makes a sweeping charge that the decisions of this Court, blindly adhere to earlier rulings without as much as making any reference to and analysis of the pertinent statute governing the jurisdiction of the industrial court. The plain import of all these is that this Court is so patently inept that in determining the jurisdiction of the industrial court, it has committed error and continuously repeated that error to the point of perpetuation. It pictures this Court as one which refuses to hew to the line drawn by the law on jurisdictional boundaries. Implicit in the quoted statements is that the pronouncements of this Court on the jurisdiction of the industrial court are not entitled to respect. Those statements detract much from the dignity of and respect due this Court. They bring into question the capability of the members and some former members of this Court to render justice. The second paragraph quoted yields a tone of sarcasm which counsel labelled as "so called" the "rule against splitting of jurisdiction." Similar thoughts and sentiments have been expressed in other cases of brevity, need not now be reviewed in detail.
18

which, in the interest

Of course, a common denominator underlies the aforecited cases all of them involved contumacious statements made in pleadings filed pending litigation. So that, in line with the doctrinal rule that the protective mantle of contempt may ordinarily be invoked only against scurrilous remarks or malicious innuendoes while a court mulls over a pending case and not after the conclusion thereof, 19 Atty. Almacen would now seek to sidestep the thrust of a contempt charge by his studied emphasis that the remarks for which he is now called upon to account were made only after this Court had written finis to his appeal. This is of no moment. The rule that bars contempt after a judicial proceeding has terminated, has lost much of its vitality. For sometime, this was the prevailing view in this jurisdiction. The first stir for a modification thereof, however, came when, inPeople vs. Alarcon, 20 the then Chief Justice Manuel V. Moran dissented with the holding of the majority, speaking thru Justice Jose P. Laurel, which upheld the rule above-adverted to. A complete disengagement from the settled rule was later to be made in In re Brillantes, 21 a contempt proceeding, where the editor of the Manila Guardianwas adjudged in contempt for publishing an editorial which asserted that the 1944 Bar Examinations were conducted in a farcical manner after the question of the validity of the said examinations had been resolved and the case closed. Virtually, this was an adoption of the view expressed by Chief Justice Moran in his dissent

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inAlarcon to the effect that them may still be contempt by publication even after a case has been terminated. Said Chief Justice Moran in Alarcon: A publication which tends to impede, obstruct, embarrass or influence the courts in administering justice in a pending suit or proceeding, constitutes criminal contempt which is 'summarily punishable by courts. A publication which tends to degrade the courts and to destroy public confidence in them or that which tends to bring them in any way into disrepute, constitutes likewise criminal contempt, and is equally punishable by courts. What is sought, in the first kind of contempt, to be shielded against the influence of newspaper comments, is the all-important duty of the courts to administer justice in the decision of a pending case. In the second kind of contempt, the punitive hand of justice is extended to vindicate the courts from any act or conduct calculated to bring them into disfavor or to destroy public confidence in them. In the first there is no contempt where there is no action pending, as there is no decision which might in any way be influenced by the newspaper publication. In the second, the contempt exists, with or without a pending case, as what is sought to be protected is the court itself and its dignity. Courts would lose their utility if public confidence in them is destroyed. Accordingly, no comfort is afforded Atty. Almacen by the circumstance that his statements and actuations now under consideration were made only after the judgment in his client's appeal had attained finality. He could as much be liable for contempt therefor as if it had been perpetrated during the pendency of the said appeal. More than this, however, consideration of whether or not he could be held liable for contempt for such post litigation utterances and actuations, is here immaterial. By the tenor of our Resolution of November 17, 1967, we have confronted the situation here presented solely in so far as it concerns Atty. Almacen's professional identity, his sworn duty as a lawyer and his fitness as an officer of this Court, in the exercise of the disciplinary power the morals inherent in our authority and duty to safeguard and ethics of the legal profession and to preserve its ranks from the intrusions of unprincipled and unworthy disciples of the noblest of callings. In this inquiry, the pendency or non-pendency of a case in court is altogether of no consequence. The sole objective of this proceeding is to preserve the purity of the legal profession, by removing or suspending a member whose misconduct has proved himself unfit to continue to be entrusted with the duties and responsibilities belonging to the office of an attorney. Undoubtedly, this is well within our authority to do. By constitutional mandate, 22 our is the solemn duty, amongst others, to determine the rules for admission to the practice of law. Inherent in this prerogative is the corresponding authority to discipline and exclude from the practice of law those who have proved themselves unworthy of continued membership in the Bar. Thus The power to discipline attorneys, who are officers of the court, is an inherent and incidental power in courts of record, and one which is essential to an orderly discharge of judicial functions. To deny its existence is equivalent to a declaration that the conduct of attorneys towards courts and clients is not subject to restraint. Such a view is without support in any respectable authority, and cannot be tolerated. Any court having the right to admit attorneys to practice and in this state that power is vested in this court-has the inherent right, in the exercise of a sound judicial discretion to exclude them from practice. 23

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This, because the admission of a lawyer to the practice of law is a representation to all that he is worthy of their confidence and respect. So much so that ... whenever it is made to appear to the court that an attorney is no longer worthy of the trust and confidence of the public and of the courts, it becomes, not only the right, but the duty, of the court which made him one of its officers, and gave him the privilege of ministering within its bar, to withdraw the privilege. Therefore it is almost universally held that both the admission and disbarment of attorneys are judicial acts, and that one is admitted to the bar and exercises his functions as an attorney, not as a matter of right, but as a privilege conditioned on his own behavior and the exercise of a just and sound judicial discretion. 24 Indeed, in this jurisdiction, that power to remove or suspend has risen above being a mere inherent or incidental power. It has been elevated to an express mandate by the Rules of Court. 25 Our authority and duty in the premises being unmistakable, we now proceed to make an assessment of whether or not the utterances and actuations of Atty. Almacen here in question are properly the object of disciplinary sanctions. The proffered surrender of his lawyer's certificate is, of course, purely potestative on Atty. Almacen's part. Unorthodox though it may seem, no statute, no law stands in its way. Beyond making the mere offer, however, he went farther. In haughty and coarse language, he actually availed of the said move as a vehicle for his vicious tirade against this Court. The integrated entirety of his petition bristles with vile insults all calculated to drive home his contempt for and disrespect to the Court and its members. Picturing his client as "a sacrificial victim at the altar of hypocrisy," he categorically denounces the justice administered by this Court to be not only blind "but also deaf and dumb." With unmitigated acerbity, he virtually makes this Court and its members with verbal talons, imputing to the Court the perpetration of "silent injustices" and "short-cut justice" while at the same time branding its members as "calloused to pleas of justice." And, true to his announced threat to argue the cause of his client "in the people's forum," he caused the publication in the papers of an account of his actuations, in a calculated effort ;to startle the public, stir up public indignation and disrespect toward the Court. Called upon to make an explanation, he expressed no regret, offered no apology. Instead, with characteristic arrogance, he rehashed and reiterated his vituperative attacks and, alluding to the Scriptures, virtually tarred and feathered the Court and its members as inveterate hypocrites incapable of administering justice and unworthy to impose disciplinary sanctions upon him. The virulence so blatantly evident in Atty. Almacen's petition, answer and oral argumentation speaks for itself. The vicious language used and the scurrilous innuendoes they carried far transcend the permissible bounds of legitimate criticism. They could never serve any purpose but to gratify the spite of an irate attorney, attract public attention to himself and, more important of all, bring ;this Court and its members into disrepute and destroy public confidence in them to the detriment of the orderly administration of justice. Odium of this character and texture presents no redeeming feature, and completely negates any pretense of passionate commitment to the truth. It is not a whit less than a classic example of gross misconduct, gross violation of the lawyer's oath and gross transgression of the Canons of Legal Ethics. As such, it cannot be allowed to go unrebuked. The way for the exertion of our disciplinary powers is thus laid clear, and the need therefor is unavoidable. We must once more stress our explicit disclaimer of immunity from criticism. Like any other Government entity in a viable democracy, the Court is not, and should not be, above

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criticism. But a critique of the Court must be intelligent and discriminating, fitting to its high function as the court of last resort. And more than this, valid and healthy criticism is by no means synonymous to obloquy, and requires detachment and disinterestedness, real qualities approached only through constant striving to attain them. Any criticism of the Court must, possess the quality of judiciousness and must be informed -by perspective and infused by philosophy. 26 It is not accurate to say, nor is it an obstacle to the exercise of our authority in ;the premises, that, as Atty. Almacen would have appear, the members of the Court are the "complainants, prosecutors and judges" all rolled up into one in this instance. This is an utter misapprehension, if not a total distortion, not only of the nature of the proceeding at hand but also of our role therein. Accent should be laid on the fact that disciplinary proceedings like the present are sui generis. Neither purely civil nor purely criminal, this proceeding is not and does not involve a trial of an action or a suit, but is rather an investigation by the Court into the conduct of its officers. 27 Not being intended to. inflict punishment, it is in no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor therein It may be initiated by the Court motu proprio. 28 Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. 29 In such posture, there can thus be no occasion to speak of a complainant or a prosecutor. Undeniably, the members of the Court are, to a certain degree, aggrieved parties. Any tirade against the Court as a body is necessarily and inextricably as much so against the individual members thereof. But in the exercise of its disciplinary powers, the Court acts as an entity separate and distinct from the individual personalities of its members. Consistently with the intrinsic nature of a collegiate court, the individual members act not as such individuals but. only as a duly constituted court. Their distinct individualities are lost in the majesty of their office.30 So that, in a very real sense, if there be any complainant in the case at bar, it can only be the Court itself, not the individual members thereof as well as the people themselves whose rights, fortunes and properties, nay, even lives, would be placed at grave hazard should the administration of justice be threatened by the retention in the Bar of men unfit to discharge the solemn responsibilities of membership in the legal fraternity. Finally, the power to exclude persons from the practice of law is but a necessary incident of the power to admit persons to said practice. By constitutional precept, this power is vested exclusively in this Court. This duty it cannot abdicate just as much as it cannot unilaterally renounce jurisdiction legally invested upon it. 31 So that even if it be conceded that the members collectively are in a sense the aggrieved parties, that fact alone does not and cannot disqualify them from the exercise of that power because public policy demands that they., acting as a Court, exercise the power in all cases which call for disciplinary action. The present is such a case. In the end, the imagined anomaly of the merger in one entity of the personalities of complainant, prosecutor and judge is absolutely inexistent. Last to engage our attention is the nature and extent of the sanctions that may be visited upon Atty. Almacen for his transgressions. As marked out by the Rules of Court, these may range from mere suspension to total removal or disbarment. 32 The discretion to assess under the circumstances the imposable sanction is, of course, primarily addressed to the

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sound discretion of the Court which, being neither arbitrary and despotic nor motivated by personal animosity or prejudice, should ever be controlled by the imperative need that the purity and independence of the Bar be scrupulously guarded and the dignity of and respect due to the Court be zealously maintained. That the misconduct committed by Atty. Almacen is of considerable gravity cannot be overemphasized. However, heeding the stern injunction that disbarment should never be decreed where a lesser sanction would accomplish the end desired, and believing that it may not perhaps be futile to hope that in the sober light of some future day, Atty. Almacen will realize that abrasive language never fails to do disservice to an advocate and that in every effervescence of candor there is ample room for the added glow of respect, it is our view that suspension will suffice under the circumstances. His demonstrated persistence in his misconduct by neither manifesting repentance nor offering apology therefor leave us no way of determining how long that suspension should last and, accordingly, we are impelled to decree that the same should be indefinite. This, we are empowered to do not alone because jurisprudence grants us discretion on the matter 33 but also because, even without the comforting support of precedent, it is obvious that if we have authority to completely exclude a person from the practice of law, there is no reason why indefinite suspension, which is lesser in degree and effect, can be regarded as falling outside of the compass of that authority. The merit of this choice is best shown by the fact that it will then be left to Atty. Almacen to determine for himself how long or how short that suspension shall last. For, at any time after the suspension becomes effective he may prove to this Court that he is once again fit to resume the practice of law. ACCORDINGLY, IT IS THE SENSE of the Court that Atty. Vicente Raul Almacen be, as he is hereby, suspended from the practice of law until further orders, the suspension to take effect immediately. Let copies of this resolution. be furnished the Secretary of Justice, the Solicitor General and the Court of Appeals for their information and guidance. Republic of the Philippines SUPREME COURT Manila SECOND DIVISION A.M. No. 1053 September 7, 1979 SANTA PANGAN, complainant vs. ATTY. DIONISIO RAMOS, respondent, This has reference to the motion of complainant, Santa Pangan, to cite respondent Dionisio Ramos for contempt. It appears from the record that on September 7, 1978 and March 13, 1979, the hearings in this administrative case were postponed on the basis of respondent's motions for postponement. These motions were predicated on respondent's allegations that on said dates he had a case set for hearing before Branch VII, Court of First Instance of Manila, entitled People v. Marieta M. Isip (Criminal Case No. 35906). Upon verification, the attorney of record of the accused in said case is one "Atty. Pedro D.D. Ramos, 306 Dona Salud Bldg., Dasmarinas Manila." Respondent admits that he used the name of "Pedro D.D. Ramos" before said court in connection with Criminal Case No. 35906, but avers that he had a right to do so because in his Birth Certificate (Annex "A"), his name is "Pedro Dionisio Ramos", and -his parents are Pedro Ramos and Carmen Dayaw, and that the D.D. in "Pedro

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D.D. Ramos" is but an abbreviation of "Dionisio Dayaw his other given name and maternal surname. This explanation of respondent is untenable. The name appearing in the "Roll of Attorneys" is "Dionisio D. Ramos". The attorney's roll or register is the official record containing the names and signatures of those who are authorized to practice law. A lawyer is not authorized to use a name other than the one inscribed in the Roll of Attorneys in his practice of law. The official oath obliges the attorney solemnly to swear that he will do no falsehood". As an officer in the temple of justice, an attorney has irrefragable obligations of "truthfulness, candor and frankness". 1 Indeed, candor and frankness should characterize the conduct of the lawyer at every stage. This has to be so because the court has the right to rely upon him in ascertaining the truth. In representing himself to the court as "Pedro D.D. Ramos" instead of "Dionisio D. Ramos", respondent has violated his solemn oath. The duty of an attorney to the courts to employ, for the purpose of maintaining the causes confided to him, such means as are consistent with truth and honor cannot be overempahisized. These injunctions circumscribe the general duty of entire devotion of the attorney to the client. As stated in a case, his I nigh vocation is to correctly inform the court upon the law and the facts of the case, and to aid it in doing justice and arriving at correct conclusions. He violates Ms oath of office ,when he resorts to deception or permits his client to do so." 2 In using the name of' Pedro D.D. Ramos" before the courts instead of the name by which he was authorized to practice law - Dionisio D. Ramos - respondent in effect resorted to deception. The demonstrated lack of candor in dealing with the courts. The circumstance that this is his first aberration in this regard precludes Us from imposing a more severe penalty. WHEREFORE, in view of the foregoing, respondent Dionisio D. Ramos is severely REPRIMANDED and warned that a repetition of the same overt act may warrant his suspencion or disbarment from the practice of law. It appearing that the hearing of this case has been unduly delayed, the Investigator of this Court is directed forthwith to proceed with the hearing to terminate it as soon as possible. The request of complainant to appear in the afore-mentioned hearing, assisted by her counsel, Atty. Jose U. Lontoc, is hereby granted. SO ORDERED Republic of the Philippines SUPREME COURT Manila EN BANC A.C. No. 5830 January 26, 2004

MARY D. MALECDAN, Complainant, vs. ATTY. PERCIVAL L. PEKAS and ATTY. MATTHEW P. KOLLIN, Respondents. The instant case arose when Mary D. Malecdan filed a verified Letter-Complaint dated January 19, 2001 addressed to Atty. Ceasar G. Oracion, then President of the Integrated Bar

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of the Philippines (IBP), Baguio and Benguet Chapters, charging Atty. Percival L. Pekas and Atty. Matthew P. Kollin, with violation of the lawyers oath, as they "committed acts not only prejudicial to [the IBP] but are in themselves in violation of the oath that they have sworn to uphold as [a] condition for their admission to the bar."1 The undisputed facts as culled from the records are as follows: On November 25, 1999, the complainant entered into a deed of sale with the Spouses Washington and Eliza Fanged over a parcel of land located in Baguio City, covered by Transfer Certificate of Title No. T-71030.2 The complainant paid P10,000 as earnest money, and P2,600,000 as the full and final payment of the consideration of the sale. The money was received by Eliza Fanged and deposited in the account of Atty. Artemio Bustamante, then counsel for the latter. The complainant later found out, however, that the said lot was the subject of a controversy3 between the former owners and the Fanged Spouses. When Atty. Bustamante refused to release the proceeds of the sale to Eliza Fanged, the latter, through her new counsel respondent Atty. Kollin, filed a complaint for rescission of contract with prayer for the issuance of a temporary restraining order with damages4 against the complainant, Atty. Bustamante, Philippine Commercial and Industrial Bank (PCIB) and Washington Fanged on December 2, 1999.5 Eliza Fanged and the respondents thereafter caused the filing of a Manifestation of Compromise Settlement with Motion dated December 14, 1999.6 It was prayed, among others, that an order be issued directing defendant PCIB to transfer the amount of P30,000 from the account of Atty. Bustamante to a joint account in the name of respondents Atty. Kollin and Atty. Pekas by way of attorneys fees. The complainant was not a signatory to the compromise settlement, as she was in the United States at the time. The money was then transferred to the respective accounts as prayed for in the compromise settlement. The Complainants Allegations According to the complainant, respondent Atty. Kollin knew very well that the money entrusted to him did not belong to his client, Eliza Fanged. Yet, when the complainants duly authorized representative Wilfreda Colorado requested that the money be released to her, Atty. Kolin refused to do so, on the pretext that there was no written authorization from the latter. The respondent, however, admitted that the money was in his possession.7 The complainant further averred that: 11. The said lawyers were aware that the money in the bank which was the subject of Civil Case No. 4580-R was the consideration for a supposed sale between me and Eliza Fanged which did not materialize because it could not be registered aside from the fact that it is void pursuant to the decision in Civil Case No. 4528-R. They knew that the money is not owned by Eliza Fanged. Yet, despite this knowledge, they misled the court by making it appear that all the parties agreed to the settlement by filing the manifestation of compromise settlement with motion (Annex "G") knowing that I was abroad and could not have given my consent thereto. 12. Worse, they made it appear that I was copy furnished of the pleading when in truth and in fact I never received the same as I was in the United States of America. My investigation of the matter reveals that the sister of Eliza Fanged, Veronica Buking, received the pleading for me.

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13. When confronted, Eliza Fanged admitted to me that the money was actually entrusted to respondent Atty. Matthew Kollin.8 The complainant also alleged that she filed the complaint against the respondents because of the latters connivance in causing the withdrawal of the money in the bank. She pointed out that while the manifestation of compromise settlement does not bear the signature of Atty. Kollin, paragraph (b) of the prayer clearly shows that the amount of P30,000 was appropriated to a joint account belonging to the respondents by way of attorneys fees. The complainant explained that respondent Atty. Kollin, as counsel for Eliza Fanged in Civil Case No. 4580-R, prayed that the sale of the property to her (the complainant) be declared null and void. Proceeding from this premise, then, Eliza Fanged had no right to the money in the bank; the respondents, likewise, had no right to withdraw the amount of P30,000 to answer for their attorneys fees. She further averred that the respondents made it appear to the trial court that she (the complainant) was duly notified of the purported settlement, when she was, in fact, not a party thereto as evidenced by the records. Thus: [T]he records reveal that the person who received the copy of the document purporting to cover the settlement intended for me is the very sister of his client, Eliza Fanged, in the person of Veronica Buking. Veronica Buking is not and was never a resident of Dagsian, Baguio City, the location of my permanent residence. Eliza Fanged could not have thought of this scheme. 9. But lawyer as he is, Atty. Kollin must have anticipated possible legal repercussion[s] that would ensue as a result of this scheme. In the Manifestation of Compromise Settlement with Motion, he asked his co-respondent, Atty. Pekas, to sign as counsel for Eliza Fanged. Atty. Pekas seem[ed] to be too willing to extend assistance to Eliza Fanged if only to get the money from the bank. However, in the actual release, and the partition of the money, the respondents reportedly actively participated to insure their share of P30,000.00 as attorneys fees. Atty. Pekas did not stop there. As counsel for Eliza Fanged, he signed the Notice of Dismissal dated December 16, 1999 with a misleading statement that "the parties have extrajudicially settled this case amicably among themselves", when in truth and in fact, I was never consulted. 9 The Respondents Allegations The respondents denied the foregoing allegations in their respective answers. Respondent Atty. Kollin admitted that he knew that the money in the bank was the complainants payment for the land purchased from the Fanged Spouses. He pointed out, however, that it was unfair to state that his client Eliza Fanged was not entitled thereto, since in the first place, she appeared as the vendor in the deed of sale executed between her and the complainant. Furthermore, although Civil Case No. 4528-R had already been decided by the trial court, the same was appealed to the Court of Appeals, 10 and did not become final and executory as erroneously stated by the complainant. Atty. Kollin also pointed out that he was not the original counsel of the Spouses Fanged in the said case, but merely "inherited" the same from Atty. Artemio Bustamante.11 The respondent further averred that because Atty. Bustamante and the Fangeds failed to settle the problem, he filed a complaint for the rescission of the sale, and not for the release of the money in Atty. Bustamantes possession. According to the respondent:

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To me, this is the gist of the problem. Complainant Mary Malecdan strongly believes that she was swindled because of the said decision. However, the only problem between Dato and Fanged is the determination of the actual balance and the payment thereof. Settle the balance with Mrs. Dato and everything would be settled likewise. As of this time, it is very safe to say that the issue is still "SUB JUDICE" and complainant could not even be sure of the outcome of said case, although there is a pending proposal for the eventual settlement of the case by the payment of the unpaid balance. Moreover, the title of the subject land is in the possession of the Complainant and could transfer said title in her name anytime. Perhaps, what the complainant is saying is that the title could be transferred in her name, however, a "notice of lis pendens" was annotated therein due to the filing of the case between O. Dato and the spouses Fanged. For all intents and purposes, complainant could transfer the title in her name and take possession of the property although the "notice of lis pendens" will be transferred or be likewise annotated in her title. Complainant knows very well that the problem between O. Dato and Eliza Fanged is the actual balance to be paid as per the first deed of sale; 12 Respondent Atty. Pekas, for his part, admitted that the amount of P30,000 was transferred by Atty. Bustamante to their account, but averred that it was done voluntarily. He denied the allegation that they misled the court by making it appear that the parties agreed to the compromise settlement with motion, since, as can be gleaned from the compromise agreement itself, the complainant was not a party thereto.13 The respondent further alleged that: 20. As best as the respondent can recall, on the late afternoon of December 12, 1999, Atty. Matthew Kollin called up respondent on the telephone. He was requesting for respondent to attend a hearing of his case the following day, December 13, 1999, for the issuance of a temporary restraining order. This was on the pretext that he has another out of town case on the same date and cannot attend the hearing. As it is a common practice among lawyers, respondent acceded to the request; 21. As agreed by the respondent and Atty. Matthew Kollin, respondent shall enter a special appearance for that hearing only. Respondent shall not argue on the matter but shall only manifest submission of the matter for resolution; 27. That after Eliza Fanged and Wilfreda Colorado related the foregoing story, respondent asked about the settlement being proposed by the Honorable Court. Eliza Fanged then expressed her willingness to accept the counter-offer of Atty. Artemio Bustamante to settle the case in the amount of Two Million; 28. With the new development, respondent contacted the office of Atty. Matthew Kollin to refer the matter but was informed that the latter is still out of town. Respondent then advised that if Eliza Fanged is willing, he can assist her in the settlement, to which advice Eliza Fanged acceded; 29. Respondent contacted Atty. Artemio Bustamante who likewise was willing to settle and the details of the settlement were agreed upon. Afterwhich the proper manifestation and motion was submitted to the Honorable Court for consideration and ultimately dismissal of the case;

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31. That during the whole time that respondent participated in the resolution of the case, he never committed any act involving deceit and machination. He acted in a way which he thinks is proper 14 Respondent Atty. Pekas prayed that the case be dismissed for lack of merit, averring that as a new and young lawyer, there was no reason for him to risk his future for a measly sum, through dishonest conduct.15 The Proceedings Before Commission on Bar Discipline the Integrated Bar of the Philippines (IBP)

On May 7, 2002, Commissioner Milagros V. San Juan issued the following Order: When this case was called for hearing, Atty. Percival Pekas appeared. Atty. Matthew P. Kollin failed to appear despite the notice duly served on him. Complainant Mary D. Malecdan appeared without counsel. She manifested that she is submitting her case for resolution based on the pleadings on record. The complainant was ordered to present certified true copies of Annex "A" attached to her complaint, the Agreement of Purchase and Sale and the Deed of Absolute Sale, Annex "B" of her complaint in favor of Mary Malecdan and the Decision Annex "D." Complainant is given ten (10) days from today to present true copies of her documentary evidence. Atty. Percival Pekas is given ten (10) days from today to file his rejoinder. Atty. Pekas likewise manifested that after he shall have filed his rejoinder he submits this case for resolution.16 In his Rejoinder, respondent Atty. Pekas reiterated that he acted in good faith, and did not commit any act of deceit or machination. He also averred that Atty. Artemio Bustamante would have been a great help in determining the truth, but unfortunately, the complainant chose not to implead him.17 On August 3, 2002, the IBP Board of Governors passed Resolution No. XV-2002-395, finding respondent Atty. Kollin guilty of dishonesty to the court, while dismissing the complaint as to respondent Atty. Pekas, thus: RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner of the above-entitled case, herein made part of this Resolution/Decision as Annex "A;" and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, and considering Atty. Matthew P. Kollins dishonesty to the court with resulting damage and prejudice to the complainant, Respondent Atty. Kollins (sic) is hereby SUSPENDED from the practice of law for three (3) years. The complaint against Atty. Pekas is DISMISSED for there is no evidence on record to prove that he was aware of the defect in Eliza Fange[d]s right to claim the sales proceeds with a WARNING that Atty. Pekas should be more circumspect with respect to taking over other lawyers cases and handling sensitive matters such as the compromise settlement in Civil Case No. 4580-R. According to IBP Commissioner Milagros V. San Juans Report dated May 30, 2002, the main issue to be resolved in the case was factual in nature: whether or not the respondents knowingly caused the withdrawal from the bank of the purchase price of the lot in question, despite their knowledge of a defect in their clients right to claim the said amount. The

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Commission found that respondent Atty. Kollin knew that his clients title was defective, having represented her in Civil Case No. 4528-R. He should have been mindful that his client had no right over the purchase price as paid by the complainant.1wphi1 Respondent Atty. Pekas was, however, exonerated of the charges against him, thus: Insofar as respondent Atty. Pekas is concerned, it should be noted that there is no evidence on record to prove that respondent Atty. Pekas was aware of the defect in Eliza Fangeds right to claim [t]he sales proceeds. It is likely that respondent Atty. Pekas unwittingly played into the hands of respondent Atty. Kolin when he signed said Manifestation of Compromise Settlement. 18 In his October 12, 2002 Motion for Reconsideration of the foregoing IBP Resolution, respondent Atty. Kollin alleged that contrary to the finding of the Commission, he was unaware of the defect in his clients (Eliza Fangeds) right to claim the sales proceeds. He filed the case for nullification of contract with prayer for the rescission of the sale between the complainant and his client on the ground that the latter would be disadvantaged if Atty. Bustamante succeeded in taking a huge chunk of the money deposited in his name. According to the respondent, if he was, indeed, interested in the money, he could have filed a case to compel Atty. Bustamante to release the money to his client, and not a complaint for rescission of contract. The respondent also reiterated that the reason why he requested respondent Atty. Pekas to attend the hearing of the case as collaborating counsel was that he attended a hearing in Bontoc, Mt. Province on December 14, 2002.19 According to the respondent, the complainant should have filed the instant case against Atty. Bustamante who was "the real architect in the release of the money and the execution of the compromise settlement with motion." The complainant should have also questioned the order of the RTC judge concerned as to why no notice was issued to her before the money was released. The Ruling of the Court It is a settled principle that the compensation of a lawyer should be but a mere incident of the practice of law, the primary purpose of which is to render public service.20 The practice of law is a profession and not a money-making trade.21 As they are an indispensable part of the system of administering justice, attorneys must comply strictly with the oath of office and the canons of professional ethics a duty more than imperative during these critical times when strong and disturbing criticisms are hurled at the practice of law. The process of imbibing ethical standards can begin with the simple act of openness and candor in dealing with clients, which would progress thereafter towards the ideal that a lawyers vocation is not synonymous with an ordinary business proposition but a serious matter of public interest. 22 Respondent Atty. Kollin knew that the money did not belong to his client, Eliza Fanged. He admitted this much in the complaint he himself prepared in Civil Case No. 4580-R, thus: WHEREFORE, in view of the foregoing premises, it is most respectfully prayed of this Honorable Court: I. BEFORE HEARING: 1. That it orders (sic) the issuance of a temporary restraining order directing the manager of the PCIBank Session Rd., Baguio City branch, through its

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branch manager, Oscar Aquino, to cease and desist from allowing withdrawal by Atty. Bustamante of the amount of P2,450,000.00 deposit in his account; II. DURING HEARING: 1. That it orders the issuance of a writ of preliminary injunction restraining the defendant PCIBank or its agents from disbursing or allowing withdrawal by Atty. Bustamante of the amount of P2,450,000.00 deposited in his account; III. AFTER HEARING: 1. To order defendants Atty. Artemio Bustamante and the PCIBank, Session Rd., Baguio City branch, to release the amount of P2,450,000.00 in favor of Mary Malicdan (sic); 2. To order defendant Atty. Artemio Bustamante to pay the amount of P30,000.00 as attorneys fees; 3. To order that the deed of sale executed between the Spouses Washington Fanged and Eliza Fanged in favor of Mary Malicdan (sic) be declared null and void; 4. To order Atty. Artemio Bustamante to release the original owners copy of title no. T-71030 of the registry of deeds of Baguio City to the complainant;23 Respondent Atty. Kollin cannot now assert that the reason why the prayer in the complaint included the release of the money in favor of the complainant was that "his client realized that P600,000 would be too much to be given to Atty. Bustamante as attorneys fees." The respondent is bound by this assertion in his pleading,24 which, as can reasonably be inferred, was made because he himself believed that his client was not entitled to the money in question. The respondent cannot, likewise, find refuge in the fact that his signature did not appear in the compromise agreement executed between the parties. As found by the IBP Commission on Bar Discipline: [A]lthough it was respondent Atty. Pekas who signed the Manifestation of Compromise Settlement with Motion as counsel for Eliza Fanged, it is unbelievable that respondent Atty. Pekas would dare to sign said Manifestation without the approval or consent of respondent Atty. Kollin, the counsel of record of Eliza Fanged. As respondent Atty. Pekas himself stated his authority with respect to Civil Case No. 4580-R was limited as follows: "As agreed by the respondent and Atty. Matthew Kollin, respondent shall enter a special appearance for that hearing only. Respondent shall not argue on the matter but shall only manifest submission of the matter for resolution." If as respondent Atty. Pekas claims he was only authorized by respondent Atty. Kollin to attend one hearing of Civil Case No. 4580-R, why did he exceed such authority by executing the Manifestation of Compromise Settlement on behalf of Eliza Fanged, respondent Atty. Kollins client? The most plausible explanation in this matter is that respondent Atty. Kollin in fact authorized respondent Atty. Pekas to execute the Manifestation of Compromise Settlement on behalf of his (respondent Atty. Kollin) client Eliza Fanged in order to pave the way for the release of the sales proceeds. This maneuver was resorted to by the respondent Atty. Kollin in order to avoid any responsibility for securing the release of the sales proceeds to his client despite his knowledge that his client Eliza Fanged had no right thereto. By having respondent Atty. Pekas sign the Manifestation of Compromise Settlement, it was the

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intention of respondent Atty. Kollin to distance himself from such pleading and claim no responsibility or participation therein so that the same would not be tainted by his apparent knowledge of the defect in Eliza Fangeds right to claim the sales proceeds. In this respect, respondent Atty. Kollin and his client Eliza [F]anged have succeeded as they have secured the release of the sales proceeds to the detriment and prejudice of herein complainant.25 Contrary to the findings of the IBP, respondent Atty. Pekas cannot validly claim that he acted in good faith as his superior, respondent Atty. Kollin, merely authorized him to attend the December 2, 1999 hearing of Civil Case No. 4580-R. Atty. Pekas, in entering into a compromise agreement, overstepped the authority he was purportedly given. He was only authorized "to manifest submission of the matter for resolution." Furthermore, respondent Atty. Pekas himself claimed that the complainant could not question the compromise agreement as she was not a party thereto. Atty. Pekas, thus, knew that there was no valid compromise agreement, as one of the parties in the case was absent at the time it was entered into. He knew that no valid notice was given to the complainant, since the signatory to the notice of the manifestation of compromise agreement was a certain Veronica Buking.26 Canon 1 of the Code of Professional Responsibility mandates all members of the bar to obey the laws of the land and promote respect for the law. Rule 1.01 of the Code specifically provides that "a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct."27 A lawyer is expected, at all times, to uphold the integrity of the legal profession. Whenever it is made to appear that a lawyer is no longer worthy of the trust and confidence of the public, it becomes not only the right but the duty of the Court which made him one of its officers and gave him the privilege of ministering within its bar to withdraw the privilege.28 A lawyer may legally apply a clients funds in his possession to satisfy professional fees which the client owes him, in the absence of any dispute as to the legality of the amount thereof.29 However, the fact that a lawyer has a lien for his fees on the clients money in his possession or the circumstance that the client owes him more than the clients funds in his hands may not excuse him from making an accounting nor entitle him to unilaterally apply the clients money to satisfy his disputed claims.30 In this case, the amount of P30,000 which the respondents took for themselves as attorneys fees belonged to a third person, not their client, as admitted by them in their complaint; the owner was, in fact, an adverse party. It was the possession of the money, its entitlement, which was in fact put in issue in the complaint for rescission of contract, and, if respondent Atty. Kollin is to be believed, prompted the filing of the complaint itself. Thus, the respondents could not, without a claiming partys knowledge, apply the amount of P30,000 for themselves as attorneys fees. If there was someone liable for the respondents attorneys fees, it was their client, Eliza Fanged. It cannot be said that there was a real "compromise" as to the manner in which the amount of P2,600,000 was to be applied, since the complainant was not present when the said agreement was made.1wphi1 In the recent case of Emiliano Court Townhouses Homeowners Association v. Atty. Michael Dioneda,31 we had the occasion to state, thus: The primary objective of administrative cases against lawyers is not only to punish and discipline the erring individual lawyers but also to safeguard the administration of justice by protecting the courts and the public from the misconduct of lawyers, and to remove from the legal profession persons whose utter disregard of their lawyers oath has proven them unfit to continue discharging the trust reposed in them as members of the bar. A lawyer may be disbarred or suspended for misconduct, whether in his professional or private capacity,

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which shows him to be wanting in moral character, honesty, probity and good demeanor or unworthy to continue as an officer of the court.32 An attorneys only safe guide is high moral principle, as the torch to light his way; his best shield is a clear conscience and an unblemished personal record; and his just reward is to find his highest honor in a deserved reputation for fidelity to private trust and to public duty, as an honest man and as a patriotic and loyal citizen.33The fiduciary duty of a lawyer and advocate is what places the law profession in a unique position of trust and confidence, and distinguishes it from any other calling. Once this trust and confidence is betrayed, the faith of the people not only on the individual lawyer but also in the legal profession as a whole is eroded. To this end, all members of the bar are strictly required to, at all times, maintain the highest degree of public confidence in the fidelity, honesty, and integrity of their profession.34 WHEREFORE, respondent Atty. Matthew P. Kollin is SUSPENDED from the practice of law for a period of three (3) years. Atty. Percival L. Pekas is, likewise, SUSPENDED from the practice of law for a period of six (6) months. Let a copy of this Decision be furnished to the Office of the Court Administrator, the Integrated Bar of the Philippines, and the Office of the Bar Confidant. SO ORDERED.

Republic of the Philippines SUPREME COURT Manila THIRD DIVISION AC No. 99-634 June 10, 2002

DOMINADOR P. BURBE, complainant, vs. ATTY. ALBERTO C. MAGULTA, respondent. PANGANIBAN, J.: After agreeing to take up the cause of a client, a lawyer owes fidelity to both cause and client, even if the client never paid any fee for the attorney-client relationship. Lawyering is not a business; it is a profession in which duty to public service, not money, is the primary consideration. The Case Before us is a Complaint for the disbarment or suspension or any other disciplinary action against Atty. Alberto C. Magulta. Filed by Dominador P. Burbe with the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP) on June 14, 1999, the Complaint is accompanied by a Sworn Statement alleging the following:

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"x x x

xxx

xxx

"That in connection with my business, I was introduced to Atty. Alberto C. Magulta, sometime in September, 1998, in his office at the Respicio, Magulta and Adan Law Offices at 21-B Otero Building, Juan de la Cruz St., Davao City, who agreed to legally represent me in a money claim and possible civil case against certain parties for breach of contract; "That consequent to such agreement, Atty. Alberto C. Magulta prepared for me the demand letter and some other legal papers, for which services I have accordingly paid; inasmuch, however, that I failed to secure a settlement of the dispute, Atty. Magulta suggested that I file the necessary complaint, which he subsequently drafted, copy of which is attached as Annex A, the filing fee whereof will require the amount of Twenty Five Thousand Pesos (P25,000.00); "That having the need to legally recover from the parties to be sued I, on January 4, 1999, deposited the amount of P25,000.00 to Atty. Alberto C. Magulta, copy of the Receipt attached as Annex B, upon the instruction that I needed the case filed immediately; "That a week later, I was informed by Atty. Alberto C. Magulta that the complaint had already been filed in court, and that I should receive notice of its progress; "That in the months that followed, I waited for such notice from the court or from Atty. Magulta but there seemed to be no progress in my case, such that I frequented his office to inquire, and he would repeatedly tell me just to wait; "That I had grown impatient on the case, considering that I am told to wait [every time] I asked; and in my last visit to Atty. Magulta last May 25, 1999, he said that the court personnel had not yet acted on my case and, for my satisfaction, he even brought me to the Hall of Justice Building at Ecoland, Davao City, at about 4:00 p.m., where he left me at the Office of the City Prosecutor at the ground floor of the building and told to wait while he personally follows up the processes with the Clerk of Court; whereupon, within the hour, he came back and told me that the Clerk of Court was absent on that day; "That sensing I was being given the run-around by Atty. Magulta, I decided to go to the Office of the Clerk of Court with my draft of Atty. Magulta's complaint to personally verify the progress of my case, and there told that there was no record at all of a case filed by Atty. Alberto C. Magulta on my behalf, copy of the Certification dated May 27, 1999, attached as Annex C; "That feeling disgusted by the way I was lied to and treated, I confronted Atty. Alberto C. Magulta at his office the following day, May 28, 1999, where he continued to lie to with the excuse that the delay was being caused by the court personnel, and only when shown the certification did he admit that he has not at all filed the complaint because he had spent the money for the filing fee for his own purpose; and to appease my feelings, he offered to reimburse me by issuing two (2) checks, postdated June 1 and June 5, 1999, in the amounts of P12,000.00 and P8,000.00, respectively, copies of which are attached as Annexes D and E;

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"That for the inconvenience, treatment and deception I was made to suffer, I wish to complain Atty. Alberto C. Magulta for misrepresentation, dishonesty and oppressive conduct;" xxx xxx x x x.1

On August 6, 1999, pursuant to the July 22, 1999 Order of the IBP Commission on Bar Discipline,2 respondent filed his Answer3 vehemently denying the allegations of complainant "for being totally outrageous and baseless." The latter had allegedly been introduced as a kumpadre of one of the former's law partners. After their meeting, complainant requested him to draft a demand letter against Regwill Industries, Inc. -- a service for which the former never paid. After Mr. Said Sayre, one of the business partners of complainant, replied to this letter, the latter requested that another demand letter -- this time addressed to the former -be drafted by respondent, who reluctantly agreed to do so. Without informing the lawyer, complainant asked the process server of the former's law office to deliver the letter to the addressee. Aside from attending to the Regwill case which had required a three-hour meeting, respondent drafted a complaint (which was only for the purpose of compelling the owner to settle the case) and prepared a compromise agreement. He was also requested by complainant to do the following: 1. Write a demand letter addressed to Mr. Nelson Tan 2. Write a demand letter addressed to ALC Corporation 3. Draft a complaint against ALC Corporation 4. Research on the Mandaue City property claimed by complainant's wife All of these respondent did, but he was never paid for his services by complainant. Respondent likewise said that without telling him why, complainant later on withdrew all the files pertinent to the Regwill case. However, when no settlement was reached, the latter instructed him to draft a complaint for breach of contract. Respondent, whose services had never been paid by complainant until this time, told the latter about his acceptance and legal fees. When told that these fees amounted to P187,742 because the Regwill claim was almost P4 million, complainant promised to pay on installment basis. On January 4, 1999, complainant gave the amount of P25,000 to respondent's secretary and told her that it was for the filing fee of the Regwill case. When informed of the payment, the lawyer immediately called the attention of complainant, informing the latter of the need to pay the acceptance and filing fees before the complaint could be filed. Complainant was told that the amount he had paid was a deposit for the acceptance fee, and that he should give the filing fee later. Sometime in February 1999, complainant told respondent to suspend for the meantime the filing of the complaint because the former might be paid by another company, the First Oriental Property Ventures, Inc., which had offered to buy a parcel of land owned by Regwill Industries. The negotiations went on for two months, but the parties never arrived at any agreement.

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Sometime in May 1999, complainant again relayed to respondent his interest in filing the complaint. Respondent reminded him once more of the acceptance fee. In response, complainant proposed that the complaint be filed first before payment of respondent's acceptance and legal fees. When respondent refused, complainant demanded the return of the P25,000. The lawyer returned the amount using his own personal checks because their law office was undergoing extensive renovation at the time, and their office personnel were not reporting regularly. Respondent's checks were accepted and encashed by complainant. Respondent averred that he never inconvenienced, mistreated or deceived complainant, and if anyone had been shortchanged by the undesirable events, it was he. The IBP's Recommendation In its Report and Recommendation dated March 8, 2000, the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP) opined as follows: "x x x [I]t is evident that the P25,000 deposited by complainant with the Respicio Law Office was for the filing fees of the Regwill complaint. With complainant's deposit of the filing fees for the Regwill complaint, a corresponding obligation on the part of respondent was created and that was to file the Regwill complaint within the time frame contemplated by his client, the complainant. The failure of respondent to fulfill this obligation due to his misuse of the filing fees deposited by complainant, and his attempts to cover up this misuse of funds of the client, which caused complainant additional damage and prejudice, constitutes highly dishonest conduct on his part, unbecoming a member of the law profession. The subsequent reimbursement by the respondent of part of the money deposited by complainant for filing fees, does not exculpate the respondent for his misappropriation of said funds. Thus, to impress upon the respondent the gravity of his offense, it is recommended that respondent be suspended from the practice of law for a period of one (1) year."4 The Court's Ruling We agree with the Commission's recommendation. Main Misappropriation of Client's Funds Issue:

Central to this case are the following alleged acts of respondent lawyer: (a) his non-filing of the Complaint on behalf of his client and (b) his appropriation for himself of the money given for the filing fee. Respondent claims that complainant did not give him the filing fee for the Regwill complaint; hence, the former's failure to file the complaint in court. Also, respondent alleges that the amount delivered by complainant to his office on January 4, 1999 was for attorney's fees and not for the filing fee. We are not persuaded. Lawyers must exert their best efforts and ability in the prosecution or the defense of the client's cause. They who perform that duty with diligence and candor not only protect the interests of the client, but also serve the ends of justice. They do honor to the bar and help maintain the respect of the community for the legal profession. 5 Members of the bar must do nothing that may tend to lessen in any degree the confidence of the public in the fidelity, the honesty, and integrity of the profession.6

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Respondent wants this Court to believe that no lawyer-client relationship existed between him and complainant, because the latter never paid him for services rendered. The former adds that he only drafted the said documents as a personal favor for the kumpadre of one of his partners. We disagree. A lawyer-client relationship was established from the very first moment complainant asked respondent for legal advice regarding the former's business. To constitute professional employment, it is not essential that the client employed the attorney professionally on any previous occasion. It is not necessary that any retainer be paid, promised, or charged; neither is it material that the attorney consulted did not afterward handle the case for which his service had been sought. If a person, in respect to business affairs or troubles of any kind, consults a lawyer with a view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces with the consultation, then the professional employment is established.7 Likewise, a lawyer-client relationship exists notwithstanding the close personal relationship between the lawyer and the complainant or the nonpayment of the former's fees. 8 Hence, despite the fact that complainant was kumpadreof a law partner of respondent, and that respondent dispensed legal advice to complainant as a personal favor to the kumpadre, the lawyer was duty-bound to file the complaint he had agreed to prepare -- and had actually prepared -- at the soonest possible time, in order to protect the client's interest. Rule 18.03 of the Code of Professional Responsibility provides that lawyers should not neglect legal matters entrusted to them. This Court has likewise constantly held that once lawyers agree to take up the cause of a client, they owe fidelity to such cause and must always be mindful of the trust and confidence reposed in them.9 They owe entire devotion to the interest of the client, warm zeal in the maintenance and the defense of the client's rights, and the exertion of their utmost learning and abilities to the end that nothing be taken or withheld from the client, save by the rules of law legally applied.10 Similarly unconvincing is the explanation of respondent that the receipt issued by his office to complainant on January 4, 1999 was erroneous. The IBP Report correctly noted that it was quite incredible for the office personnel of a law firm to be prevailed upon by a client to issue a receipt erroneously indicating payment for something else. Moreover, upon discovering the "mistake" -- if indeed it was one -- respondent should have immediately taken steps to correct the error. He should have lost no time in calling complainant's attention to the matter and should have issued another receipt indicating the correct purpose of the payment. The Practice Profession, Not a Business of Law -a

In this day and age, members of the bar often forget that the practice of law is a profession and not a business.11Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits. 12 The gaining of a livelihood is not a professional but a secondary consideration. 13 Duty to public service and to the administration of justice should be the primary consideration of lawyers, who must subordinate their personal interests or what they owe to themselves. The practice of law is a noble calling in which emolument is a byproduct, and the highest eminence may be attained without making much money.14

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In failing to apply to the filing fee the amount given by complainant -- as evidenced by the receipt issued by the law office of respondent -- the latter also violated the rule that lawyers must be scrupulously careful in handling money entrusted to them in their professional capacity.15 Rule 16.01 of the Code of Professional Responsibility states that lawyers shall hold in trust all moneys of their clients and properties that may come into their possession. Lawyers who convert the funds entrusted to them are in gross violation of professional ethics and are guilty of betrayal of public confidence in the legal profession.16 It may be true that they have a lien upon the client's funds, documents and other papers that have lawfully come into their possession; that they may retain them until their lawful fees and disbursements have been paid; and that they may apply such funds to the satisfaction of such fees and disbursements. However, these considerations do not relieve them of their duty to promptly account for the moneys they received. Their failure to do so constitutes professional misconduct.17 In any event, they must still exert all effort to protect their client's interest within the bounds of law. If much is demanded from an attorney, it is because the entrusted privilege to practice law carries with it correlative duties not only to the client but also to the court, to the bar, and to the public.18 Respondent fell short of this standard when he converted into his legal fees the filing fee entrusted to him by his client and thus failed to file the complaint promptly. The fact that the former returned the amount does not exculpate him from his breach of duty. On the other hand, we do not agree with complainant's plea to disbar respondent from the practice of law. The power to disbar must be exercised with great caution. Only in a clear case of misconduct that seriously affects the standing and the character of the bar will disbarment be imposed as a penalty.19 WHEREFORE, Atty. Alberto C. Magulta is found guilty of violating Rules 16.01 and 18.03 of the Code of Professional Responsibility and is hereby SUSPENDED from the practice of law for a period of one (1) year, effective upon his receipt of this Decision. Let copies be furnished all courts as well as the Office of the Bar Confidant, which is instructed to include a copy in respondent's file. SO ORDERED.

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Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-4663 May 30, 1951

FERDINAND E. MARCOS and MANUEL CONCORDIA, petitioners, vs. CHIEF OF STAFF, ARMED FORCES OF THE PHILIPPINES, ET AL., respondents. x---------------------------------------------------------x G.R. No. L-4671 May 30, 1951

MANUEL A. CONCORDIA and FERDINAND E. MARCOS, petitioners, vs. CHIEF OF STAFF, ARMED FORCES OF THE PHILIPPINES, ET AL., respondents. These are two special civil actions of mandamus instituted by the same petitioners against the respondents General Court-Martials composed each of different members or officers of the Philippine Army, in which it is alleged that the respondents Military Tribunals excluded unlawfully the petitioners from the enjoyment of their right to appear as counsel for the accused prosecuted before said tribunals, to which the petitioners are entitled because they are attorneys duly admitted to practice law in the Philippine Courts, on the ground that they are disqualified or inhibited by section 17, Article 17 of the Constitution to appear as counsel for said defendants. Said Section 17 reads as follows: SEC. 17. No Senator or Member of the House of Representatives shall directly or indirectly be financially interested in any contract with the Government or any subdivision or instrumentality thereof, or in any franchise or special privilege granted by the Congress during his term of office. He shall not appear as counsel before the Electoral Tribunals or before any court in any civil case wherein the Government or any subdivision or instrumentality thereof is the adverse party, or in any criminal case wherein an offer or employee of the Government is accused of an offense committed in relation to his office. . . .. The only question for this Court to determine in these two cases is whether the prohibition contained in the above quoted section 17 of our Constitution is applicable to the petitioners. We are of the opinion and therefore hold that it is applicable, because the words "any court" includes the General Court-Martial, and a court-martial case is a criminal case within the meaning of the above quoted provisions of our Constitution. It is obvious that the words "any court," used in prohibiting members of Congress to appear as counsel "in any criminal case in which an officer or employee of the Government is accused of an offense committed in relation to his office," refers, not only to a civil, but also to a military court or a Court-Martial. Because, in construing a Constitution, "it must be taken as established that where words are used which have both a restricted and a general meaning, the general must prevail over the restricted unless the nature of the subject

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matter of the context clearly indicates that the limited sense is intended." (11 American Jurisprudence, pp. 680-682). In the case of Ramon Ruffy vs. Chief of Staff of the Philippine Army,* 43 Off. Gaz., 855, we did not hold that the word "court" in general used in our Constitution does not include a Court-Martial; what we held is that the words "inferior courts" used in connection with the appellate jurisdiction of the Supreme Court to "review on appealcertiorari or writ of error, as the law or rules of court may provide, final judgments of inferior courts in all criminal cases in which the penalty imposed is death or life imprisonment," as provided for in section 2, Article VIII, of the Constitution, do not refer to Courts-Martial or Military Courts. Winthrop's Military Law and Precedents, quoted by the petitioners and by this Court in the case of Ramon Ruffy et al vs. Chief of Staff of the Philippine Army, supra, has to say in this connection the following: Notwithstanding that the court-martial is only an instrumentality of the executive power having no relation or connection, in law, with the judicial establishments of the country, it is yet, so far as it is a court at all, and within its field of action, as fully a court of law and justice as is any civil tribunal. As a court of law, it is bound, like any court, by the fundamental principles of law, and, in the absence of special provision of the subject in the military code, it observes in general the rules of evidence as adopted in the common-law courts. As a court of justice, it is required by the terms of its statutory oath, (art. 84.) to adjudicate between the U.S. an the accused "without partiality, favor, or affection," and according, not only to the laws and customs of the service, but to its "conscience," i.e. its sense of substantial right and justice unaffected by technicalities. In the words of the Attorney General, court-martial are thus, "in the strictest sense courts of justice. (Winthrop's Military Law and Precedents, Vol. 1 and 2, 2nd Ed., p. 54.) In re Bogart, 3 Fed. Cas., 796, 801, citing 6 Op. Attys. Gen. 425, with approval, the court said: In the language of Attorney General Cushing, a court-martial is a lawful tribunal existing by the same authority that any other exists by, and the law military is a branch of law as valid as any other, and it differs from the general law of the land in authority only in this: that it applies to officers and soldiers of the army but not to other members of the body politic, and that it is limited to breaches of military duty. And in re Davison, 21 F. 618, 620, it was held: That court-martial are lawful tribunals existing by the same authority as civil courts of the United States, have the same plenary jurisdiction in offenses by the law military as the latter courts have in controversies within their cognizance, and in their special and more limited sphere are entitled to as untrammeled an exercise of their powers. And lastly, American Jurisprudence says: SEC. 99. Representation by Counsel. It is the general rule that one accused of the crime has the right to be represented before the court by counsel, and this is expressly so declared by the statues controlling the procedure in court-martial. It has been held that a constitutional provision extending that right to one accused in any trial in any court whatever applies to a court-martial and gives the accused the undeniable right to defend by counsel, and that a court-martial has no power to

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refuse an attorney the right to appear before it if he is properly licensed to practice in the courts of the state. (Citing the case of State ex rel Huffaker vs. Crosby, 24 Nev. 115, 50 Pac. 127; 36 American Jurisprudence 253) The fact that a judgment of conviction, not of acquittal, rendered by a court-martial must be approved by the reviewing authority before it can be executed (Article of War 46), does not change or affect the character of a court-martial as a court. A judgment of the Court of First Instance imposing death penalty must also be approved by the Supreme Court before it can be executed. That court-martial cases are criminal cases within the meaning of Section 17, Article VI, of the Constitution is also evident, because the crimes and misdemeanors forbidden or punished by the Articles of War are offenses against the Republic of the Philippines. According to section 1, Rule 106, of the Rules of Court, a criminal action or case is one which involves a wrong or injury done to the Republic, for the punishment of which the offender is prosecuted in the name of the People of the Philippines; and pursuant to Article of War 17, "the trial advocate of a general or special court-martial shall prosecute (the accused) in the name of the People of the Philippines." Winthtrop, in his well known work "Military Law and Precedents' says the following: In regard to the class of courts to which it belongs, it is lastly to be noted that the court-martial is strictly a criminal court. It has no civil jurisdiction whatever; cannot enforce a contract, collect a debt, or award damages in favor of an individual. . . . Its judgment is a criminal sentence not a civil verdict; its proper function is to award punishment upon the ascertainment of guilt. (Winthrop's Military Law and Precedents, Vols. 1 & 2, 2nd Ed., p. 55.) In N. Y. it was held that the term "criminal case," used in the clause, must be allowed some meaning, and none can be conceived, other than a prosecution for a criminal offense. Ex parte Carter. 66 S. W. 540, 544, 166 No. 604, 57 L.R.A. 654, quoting People vs. Kelly, 24 N.Y. 74; Counselman vs. Hitchcock, 12 S. Ct. 195; 142 U.S. 547, L. Ed. 111o. (Words and Phrases, Vol. 10, p. 485.) Besides, that a court-martial is a court, and the prosecution of an accused before it is a criminal and not an administrative case, and therefore it would be, under certain conditions, a bar to another prosecution of the defendant for the same offense, because the latter would place the accused in jeopardy, is shown by the decision of the Supreme Court of the United States in the case of Grafton vs. United States, 206 U. S. 333; 51 Law. Ed., 1088, 1092, in which the following was held: If a court-martial has jurisdiction to try an officer or soldier for a crime, its judgment will be accorded the finality and conclusiveness as to the issues involved which attend the judgment of a civil court in a case of which it may legally take cognizance; and restricting our decision to the above question of double jeopardy, we judge that, consistently with the above act of 1902, and for the reasons stated, the plaintiff in error, a soldier in the Army, having been acquitted of the crime of homicide, alleged to have been committed by him in the Philippines, by a military court of competent jurisdiction, proceeding under the authority of the United States, could not be subsequently tried for the same offense in a civil court exercising authority in that territory. Furthermore, taking into consideration the apparent intention or purpose of the framers of our Constitution in enacting section 17, Article VI of the Philippine Constitution, it is obvious

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that there exist the same if not more reason for prohibiting the appearance of members of the Senate and the House of Representatives as counsel for the accused in court-martial, as for inhibiting them to appear as such in civil courts, because the independence of civil court's judges is guaranteed by our Constitution. Ubi eadem ibi eadem lex. Wherefore, as the petitioners are disqualified to appear as counsel for the accused in courtmartial, the respondents did not unlawfully exclude them from the enjoyment of any right, and hence the petitions formandamus in these two cases are denied with costs against the petitioners. Paras, C.J., Pablo, Bengzon, Reyes, Jugo, and Bautista Angelo, JJ., concur.

Republic of the Philippines SUPREME COURT Manila EN BANC

Bar Matter No. 553 June 17, 1993 MAURICIO C. ULEP, petitioner, vs. THE LEGAL CLINIC, INC., respondent. Petitioner prays this Court "to order the respondent to cease and desist from issuing advertisements similar to or of the same tenor as that of annexes "A" and "B" (of said petition) and to perpetually prohibit persons or entities from making advertisements pertaining to the exercise of the law profession other than those allowed by law." The advertisements complained of by herein petitioner are as follows: Annex A SECRET MARRIAGE? P560.00 for a valid marriage. Info on DIVORCE. ABSENCE. ANNULMENT. VISA. THE Please call: 521-0767 LEGAL 5217232, 5222041 CLINIC, INC. 8:30 am 6:00 pm 7-Flr. Victoria Bldg., UN Ave., Mla. Annex B GUAM DIVORCE.

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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 Retiree's Visa. Declaration of Absence. Remarriage to Filipina Fiancees. Adoption. Investment in the Phil. US/Foreign Visa for Filipina Spouse/Children. Call Marivic. THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US Embassy CLINIC, INC. 1 Tel. 521-7232; 521-7251; 522-2041; 521-0767 It is the submission of petitioner that the advertisements above reproduced are champterous, unethical, demeaning of the law profession, and destructive of the confidence of the community in the integrity of the members of the bar and that, as a member of the legal profession, he is ashamed and offended by the said advertisements, hence the reliefs sought in his petition as hereinbefore quoted. In its answer to the petition, respondent admits the fact of publication of said advertisement at its instance, but claims that it is not engaged in the practice of law but in the rendering of "legal support services" through paralegals with the use of modern computers and electronic machines. Respondent further argues that assuming that the services advertised are legal services, the act of advertising these services should be allowed supposedly in the light of the case of John R. Bates and Van O'Steen vs. State Bar of Arizona, 2 reportedly decided by the United States Supreme Court on June 7, 1977. Considering the critical implications on the legal profession of the issues raised herein, we required the (1) Integrated Bar of the Philippines (IBP), (2) Philippine Bar Association (PBA), (3) Philippine Lawyers' Association (PLA), (4) U.P. Womens Lawyers' Circle (WILOCI), (5) Women Lawyers Association of the Philippines (WLAP), and (6) Federacion International de Abogadas (FIDA) to submit their respective position papers on the controversy and, thereafter, their memoranda. 3 The said bar associations readily responded and extended their valuable services and cooperation of which this Court takes note with appreciation and gratitude. The main issues posed for resolution before the Court are whether or not the services offered by respondent, The Legal Clinic, Inc., as advertised by it constitutes practice of law and, in either case, whether the same can properly be the subject of the advertisements herein complained of. Before proceeding with an in-depth analysis of the merits of this case, we deem it proper and enlightening to present hereunder excerpts from the respective position papers adopted by the aforementioned bar associations and the memoranda submitted by them on the issues involved in this bar matter. 1. Integrated Bar of the Philippines: xxx xxx xxx Notwithstanding the subtle manner by which respondent endeavored to distinguish the two terms, i.e., "legal support services" vis-a-vis "legal services", common sense would readily dictate that the same are essentially

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without substantial distinction. For who could deny that document search, evidence gathering, assistance to layman in need of basic institutional services from government or non-government agencies like birth, marriage, property, or business registration, obtaining documents like clearance, passports, local or foreign visas, constitutes practice of law? xxx xxx xxx The Integrated Bar of the Philippines (IBP) does not wish to make issue with respondent's foreign citations. Suffice it to state that the IBP has made its position manifest, to wit, that it strongly opposes the view espoused by respondent (to the effect that today it is alright to advertise one's legal services). The IBP accordingly declares in no uncertain terms its opposition to respondent's act of establishing a "legal clinic" and of concomitantly advertising the same through newspaper publications. The IBP would therefore invoke the administrative supervision of this Honorable Court to perpetually restrain respondent from undertaking highly unethical activities in the field of law practice as aforedescribed. 4 xxx xxx xxx A. The use of the name "The Legal Clinic, Inc." gives the impression that respondent corporation is being operated by lawyers and that it renders legal services. While the respondent repeatedly denies that it offers legal services to the public, the advertisements in question give the impression that respondent is offering legal services. The Petition in fact simply assumes this to be so, as earlier mentioned, apparently because this (is) the effect that the advertisements have on the reading public. The impression created by the advertisements in question can be traced, first of all, to the very name being used by respondent "The Legal Clinic, Inc." Such a name, it is respectfully submitted connotes the rendering of legal services for legal problems, just like a medical clinic connotes medical services for medical problems. More importantly, the term "Legal Clinic" connotes lawyers, as the term medical clinic connotes doctors. Furthermore, the respondent's name, as published in the advertisements subject of the present case, appears with (the) scale(s) of justice, which all the more reinforces the impression that it is being operated by members of the bar and that it offers legal services. In addition, the advertisements in question appear with a picture and name of a person being represented as a lawyer from Guam, and this practically removes whatever doubt may still remain as to the nature of the service or services being offered. It thus becomes irrelevant whether respondent is merely offering "legal support services" as claimed by it, or whether it offers legal services as any lawyer actively engaged in law practice does. And it becomes unnecessary to make a distinction between "legal services" and "legal support services," as

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the respondent would have it. The advertisements in question leave no room for doubt in the minds of the reading public that legal services are being offered by lawyers, whether true or not. B. The advertisements in question are meant to induce the performance of acts contrary to law, morals, public order and public policy. It may be conceded that, as the respondent claims, the advertisements in question are only meant to inform the general public of the services being offered by it. Said advertisements, however, emphasize to Guam divorce, and any law student ought to know that under the Family Code, there is only one instance when a foreign divorce is recognized, and that is: Article 26. . . . Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine Law. It must not be forgotten, too, that the Family Code (defines) a marriage as follows: Article 1. Marriage is special contract of permanent union between a man and woman entered into accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relation during the marriage within the limits provided by this Code. By simply reading the questioned advertisements, it is obvious that the message being conveyed is that Filipinos can avoid the legal consequences of a marriage celebrated in accordance with our law, by simply going to Guam for a divorce. This is not only misleading, but encourages, or serves to induce, violation of Philippine law. At the very least, this can be considered "the dark side" of legal practice, where certain defects in Philippine laws are exploited for the sake of profit. At worst, this is outright malpractice. Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. In addition, it may also be relevant to point out that advertisements such as that shown in Annex "A" of the Petition, which contains a cartoon of a motor vehicle with the words "Just Married" on its bumper and seems to address those planning a "secret marriage," if not suggesting a "secret marriage," makes light of the "special contract of permanent union," the inviolable social institution," which is how the Family Code describes marriage, obviously to emphasize its sanctity and inviolability. Worse, this particular advertisement

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appears to encourage marriages celebrated in secrecy, which is suggestive of immoral publication of applications for a marriage license. If the article "Rx for Legal Problems" is to be reviewed, it can readily be concluded that the above impressions one may gather from the advertisements in question are accurate. The Sharon Cuneta-Gabby Concepcion example alone confirms what the advertisements suggest. Here it can be seen that criminal acts are being encouraged or committed (a bigamous marriage in Hong Kong or Las Vegas) with impunity simply because the jurisdiction of Philippine courts does not extend to the place where the crime is committed. Even if it be assumed, arguendo, (that) the "legal support services" respondent offers do not constitute legal services as commonly understood, the advertisements in question give the impression that respondent corporation is being operated by lawyers and that it offers legal services, as earlier discussed. Thus, the only logical consequence is that, in the eyes of an ordinary newspaper reader, members of the bar themselves are encouraging or inducing the performance of acts which are contrary to law, morals, good customs and the public good, thereby destroying and demeaning the integrity of the Bar. xxx xxx xxx It is respectfully submitted that respondent should be enjoined from causing the publication of the advertisements in question, or any other advertisements similar thereto. It is also submitted that respondent should be prohibited from further performing or offering some of the services it presently offers, or, at the very least, from offering such services to the public in general. The IBP is aware of the fact that providing computerized legal research, electronic data gathering, storage and retrieval, standardized legal forms, investigators for gathering of evidence, and like services will greatly benefit the legal profession and should not be stifled but instead encouraged. However, when the conduct of such business by non-members of the Bar encroaches upon the practice of law, there can be no choice but to prohibit such business. Admittedly, many of the services involved in the case at bar can be better performed by specialists in other fields, such as computer experts, who by reason of their having devoted time and effort exclusively to such field cannot fulfill the exacting requirements for admission to the Bar. To prohibit them from "encroaching" upon the legal profession will deny the profession of the great benefits and advantages of modern technology. Indeed, a lawyer using a computer will be doing better than a lawyer using a typewriter, even if both are (equal) in skill. Both the Bench and the Bar, however, should be careful not to allow or tolerate the illegal practice of law in any form, not only for the protection of members of the Bar but also, and more importantly, for the protection of the public. Technological development in the profession may be encouraged without tolerating, but instead ensuring prevention of illegal practice.

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There might be nothing objectionable if respondent is allowed to perform all of its services, but only if such services are made available exclusively to members of the Bench and Bar. Respondent would then be offering technical assistance, not legal services. Alternatively, the more difficult task of carefully distinguishing between which service may be offered to the public in general and which should be made available exclusively to members of the Bar may be undertaken. This, however, may require further proceedings because of the factual considerations involved. It must be emphasized, however, that some of respondent's services ought to be prohibited outright, such as acts which tend to suggest or induce celebration abroad of marriages which are bigamous or otherwise illegal and void under Philippine law. While respondent may not be prohibited from simply disseminating information regarding such matters, it must be required to include, in the information given, a disclaimer that it is not authorized to practice law, that certain course of action may be illegal under Philippine law, that it is not authorized or capable of rendering a legal opinion, that a lawyer should be consulted before deciding on which course of action to take, and that it cannot recommend any particular lawyer without subjecting itself to possible sanctions for illegal practice of law. If respondent is allowed to advertise, advertising should be directed exclusively at members of the Bar, with a clear and unmistakable disclaimer that it is not authorized to practice law or perform legal services. The benefits of being assisted by paralegals cannot be ignored. But nobody should be allowed to represent himself as a "paralegal" for profit, without such term being clearly defined by rule or regulation, and without any adequate and effective means of regulating his activities. Also, law practice in a corporate form may prove to be advantageous to the legal profession, but before allowance of such practice may be considered, the corporation's Article of Incorporation and By-laws must conform to each and every provision of the Code of Professional Responsibility and the Rules of Court. 5 2. Philippine Bar Association: xxx xxx xxx. Respondent asserts that it "is not engaged in the practice of law but engaged in giving legal support services to lawyers and laymen, through experienced paralegals, with the use of modern computers and electronic machines" (pars. 2 and 3, Comment). This is absurd. Unquestionably, respondent's acts of holding out itself to the public under the trade name "The Legal Clinic, Inc.," and soliciting employment for its enumerated services fall within the realm of a practice which thus yields itself to the regulatory powers of the Supreme Court. For respondent to say that it is merely engaged in paralegal work is to stretch credulity. Respondent's own commercial advertisement which announces a certainAtty. Don Parkinson to be handling the fields of law belies its pretense. From all indications, respondent "The Legal Clinic, Inc." is offering and rendering legal services through its reserve of lawyers. It has been held that the practice of law is not limited to the conduct of cases in court, but includes drawing of deeds, incorporation, rendering opinions, and advising clients as to their legal right and then take them to an attorney and

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ask the latter to look after their case in court See Martin, Legal and Judicial Ethics, 1984 ed., p. 39). It is apt to recall that only natural persons can engage in the practice of law, and such limitation cannot be evaded by a corporation employing competent lawyers to practice for it. Obviously, this is the scheme or device by which respondent "The Legal Clinic, Inc." holds out itself to the public and solicits employment of its legal services. It is an odious vehicle for deception, especially so when the public cannot ventilate any grievance for malpractice against the business conduit. Precisely, the limitation of practice of law to persons who have been duly admitted as members of the Bar (Sec. 1, Rule 138, Revised Rules of Court) is to subject the members to the discipline of the Supreme Court. Although respondent uses its business name, the persons and the lawyers who act for it are subject to court discipline. The practice of law is not a profession open to all who wish to engage in it nor can it be assigned to another (See 5 Am. Jur. 270). It is a personal right limited to persons who have qualified themselves under the law. It follows that not only respondent but also all the persons who are acting for respondent are the persons engaged in unethical law practice. 6 3. Philippine Lawyers' Association: The Philippine Lawyers' Association's position, in answer to the issues stated herein, are wit: 1. The Legal Clinic is engaged in the practice of law; 2. Such practice is unauthorized; 3. The advertisements complained of are not only unethical, but also misleading and patently immoral; and 4. The Honorable Supreme Court has the power to supress and punish the Legal Clinic and its corporate officers for its unauthorized practice of law and for its unethical, misleading and immoral advertising. xxx xxx xxx Respondent posits that is it not engaged in the practice of law. It claims that it merely renders "legal support services" to answers, litigants and the general public as enunciated in the Primary Purpose Clause of its Article(s) of Incorporation. (See pages 2 to 5 of Respondent's Comment). But its advertised services, as enumerated above, clearly and convincingly show that it is indeed engaged in law practice, albeit outside of court. As advertised, it offers the general public its advisory services on Persons and Family Relations Law, particularly regarding foreign divorces, annulment of marriages, secret marriages, absence and adoption; Immigration Laws, particularly on visa related problems, immigration problems; the Investments Law of the Philippines and such other related laws. Its advertised services unmistakably require the application of the aforesaid law, the legal principles and procedures related thereto, the legal advices

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based thereon and which activities call for legal training, knowledge and experience. Applying the test laid down by the Court in the aforecited Agrava Case, the activities of respondent fall squarely and are embraced in what lawyers and laymen equally term as "the practice of law." 7 4. U.P. Women Lawyers' Circle: In resolving, the issues before this Honorable Court, paramount consideration should be given to the protection of the general public from the danger of being exploited by unqualified persons or entities who may be engaged in the practice of law. At present, becoming a lawyer requires one to take a rigorous four-year course of study on top of a four-year bachelor of arts or sciences course and then to take and pass the bar examinations. Only then, is a lawyer qualified to practice law. While the use of a paralegal is sanctioned in many jurisdiction as an aid to the administration of justice, there are in those jurisdictions, courses of study and/or standards which would qualify these paralegals to deal with the general public as such. While it may now be the opportune time to establish these courses of study and/or standards, the fact remains that at present, these do not exist in the Philippines. In the meantime, this Honorable Court may decide to make measures to protect the general public from being exploited by those who may be dealing with the general public in the guise of being "paralegals" without being qualified to do so. In the same manner, the general public should also be protected from the dangers which may be brought about by advertising of legal services. While it appears that lawyers are prohibited under the present Code of Professional Responsibility from advertising, it appears in the instant case that legal services are being advertised not by lawyers but by an entity staffed by "paralegals." Clearly, measures should be taken to protect the general public from falling prey to those who advertise legal services without being qualified to offer such services. 8 A perusal of the questioned advertisements of Respondent, however, seems to give the impression that information regarding validity of marriages, divorce, annulment of marriage, immigration, visa extensions, declaration of absence, adoption and foreign investment, which are in essence, legal matters , will be given to them if they avail of its services. The Respondent's name The Legal Clinic, Inc. does not help matters. It gives the impression again that Respondent will or can cure the legal problems brought to them. Assuming that Respondent is, as claimed, staffed purely by paralegals, it also gives the misleading impression that there are lawyers involved in The Legal Clinic, Inc., as there are doctors in any medical clinic, when only "paralegals" are involved in The Legal Clinic, Inc. Respondent's allegations are further belied by the very admissions of its President and majority stockholder, Atty. Nogales, who gave an insight on the structure and main purpose of Respondent corporation in the aforementioned "Starweek" article." 9

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5. Women Lawyer's Association of the Philippines: Annexes "A" and "B" of the petition are clearly advertisements to solicit cases for the purpose of gain which, as provided for under the above cited law, (are) illegal and against the Code of Professional Responsibility of lawyers in this country. Annex "A" of the petition is not only illegal in that it is an advertisement to solicit cases, but it is illegal in that in bold letters it announces that the Legal Clinic, Inc., could work out/cause the celebration of a secret marriage which is not only illegal but immoral in this country. While it is advertised that one has to go to said agency and pay P560 for a valid marriage it is certainly fooling the public for valid marriages in the Philippines are solemnized only by officers authorized to do so under the law. And to employ an agency for said purpose of contracting marriage is not necessary. No amount of reasoning that in the USA, Canada and other countries the trend is towards allowing lawyers to advertise their special skills to enable people to obtain from qualified practitioners legal services for their particular needs can justify the use of advertisements such as are the subject matter of the petition, for one (cannot) justify an illegal act even by whatever merit the illegal act may serve. The law has yet to be amended so that such act could become justifiable. We submit further that these advertisements that seem to project that secret marriages and divorce are possible in this country for a fee, when in fact it is not so, are highly reprehensible. It would encourage people to consult this clinic about how they could go about having a secret marriage here, when it cannot nor should ever be attempted, and seek advice on divorce, where in this country there is none, except under the Code of Muslim Personal Laws in the Philippines. It is also against good morals and is deceitful because it falsely represents to the public to be able to do that which by our laws cannot be done (and) by our Code of Morals should not be done. In the case (of) In re Taguda, 53 Phil. 37, the Supreme Court held that solicitation for clients by an attorney by circulars of advertisements, is unprofessional, and offenses of this character justify permanent elimination from the Bar. 10 6. Federacion Internacional de Abogados: xxx xxx xxx 1.7 That entities admittedly not engaged in the practice of law, such as management consultancy firms or travel agencies, whether run by lawyers or not, perform the services rendered by Respondent does not necessarily lead to the conclusion that Respondent is not unlawfully practicing law. In the same vein, however, the fact that the business of respondent (assuming it can be engaged in independently of the practice of law) involves knowledge of the law does not necessarily make respondent guilty of unlawful practice of law.

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. . . . Of necessity, no one . . . . acting as a consultant can render effective service unless he is familiar with such statutes and regulations. He must be careful not to suggest a course of conduct which the law forbids. It seems . . . .clear that (the consultant's) knowledge of the law, and his use of that knowledge as a factor in determining what measures he shall recommend, do not constitute the practice of law . . . . It is not only presumed that all men know the law, but it is a fact that most men have considerable acquaintance with broad features of the law . . . . Our knowledge of the law accurate or inaccurate moulds our conduct not only when we are acting for ourselves, but when we are serving others. Bankers, liquor dealers and laymen generally possess rather precise knowledge of the laws touching their particular business or profession. A good example is the architect, who must be familiar with zoning, building and fire prevention codes, factory and tenement house statutes, and who draws plans and specification in harmony with the law. This is not practicing law. But suppose the architect, asked by his client to omit a fire tower, replies that it is required by the statute. Or the industrial relations expert cites, in support of some measure that he recommends, a decision of the National Labor Relations Board. Are they practicing law? In my opinion, they are not, provided no separate fee is charged for the legal advice or information, and the legal question is subordinate and incidental to a major non-legal problem. It is largely a matter of degree and of custom. If it were usual for one intending to erect a building on his land to engage a lawyer to advise him and the architect in respect to the building code and the like, then an architect who performed this function would probably be considered to be trespassing on territory reserved for licensed attorneys. Likewise, if the industrial relations field had been pre-empted by lawyers, or custom placed a lawyer always at the elbow of the lay personnel man. But this is not the case. The most important body of the industrial relations experts are the officers and business agents of the labor unions and few of them are lawyers. Among the larger corporate employers, it has been the practice for some years to delegate special responsibility in employee matters to a management group chosen for their practical knowledge and skill in such matter, and without regard to legal thinking or lack of it. More recently, consultants like the defendants have the same service that the larger employers get from their own specialized staff. The handling of industrial relations is growing into a recognized profession for which appropriate courses are offered by our leading universities. The court should be very cautious about declaring [that] a widespread, well-established method of conducting business is unlawful, or that the considerable class of men who customarily perform a certain function have no

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right to do so, or that the technical education given by our schools cannot be used by the graduates in their business. In determining whether a man is practicing law, we should consider his work for any particular client or customer, as a whole. I can imagine defendant being engaged primarily to advise as to the law defining his client's obligations to his employees, to guide his client's obligations to his employees, to guide his client along the path charted by law. This, of course, would be the practice of the law. But such is not the fact in the case before me. Defendant's primarily efforts are along economic and psychological lines. The law only provides the frame within which he must work, just as the zoning code limits the kind of building the limits the kind of building the architect may plan. The incidental legal advice or information defendant may give, does not transform his activities into the practice of law. Let me add that if, even as a minor feature of his work, he performed services which are customarily reserved to members of the bar, he would be practicing law. For instance, if as part of a welfare program, he drew employees' wills. Another branch of defendant's work is the representations of the employer in the adjustment of grievances and in collective bargaining, with or without a mediator. This is not per se the practice of law. Anyone may use an agent for negotiations and may select an agent particularly skilled in the subject under discussion, and the person appointed is free to accept the employment whether or not he is a member of the bar. Here, however, there may be an exception where the business turns on a question of law. Most real estate sales are negotiated by brokers who are not lawyers. But if the value of the land depends on a disputed right-of-way and the principal role of the negotiator is to assess the probable outcome of the dispute and persuade the opposite party to the same opinion, then it may be that only a lawyer can accept the assignment. Or if a controversy between an employer and his men grows from differing interpretations of a contract, or of a statute, it is quite likely that defendant should not handle it. But I need not reach a definite conclusion here, since the situation is not presented by the proofs. Defendant also appears to represent the employer before administrative agencies of the federal government, especially before trial examiners of the National Labor Relations Board. An agency of the federal government, acting by virtue of an authority granted by the Congress, may regulate the representation of parties before such agency. The State of New Jersey is without power to interfere with such determination or to forbid representation before the agency by one whom the agency admits. The rules of the National Labor Relations Board give to a party the right to appear in person, or by counsel, or by other representative. Rules and Regulations, September 11th, 1946, S. 203.31. 'Counsel' here means a licensed attorney, and ther representative' one not a lawyer. In this phase of his work, defendant may lawfully do whatever the

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Labor Board allows, even arguing questions purely legal. (Auerbacher v. Wood, 53 A. 2d 800, cited in Statsky, Introduction to Paralegalism [1974], at pp. 154-156.). 1.8 From the foregoing, it can be said that a person engaged in a lawful calling (which may involve knowledge of the law) is not engaged in the practice of law provided that: (a) The legal question is subordinate and incidental to a major non-legal problem;. (b) The services performed are not customarily reserved to members of the bar; . (c) No separate fee is charged for the legal advice or information. All these must be considered in relation to the work for any particular client as a whole. 1.9. If the person involved is both lawyer and non-lawyer, the Code of Professional Responsibility succintly states the rule of conduct: Rule 15.08 A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity. 1.10. In the present case. the Legal Clinic appears to render wedding services (See Annex "A" Petition). Services on routine, straightforward marriages, like securing a marriage license, and making arrangements with a priest or a judge, may not constitute practice of law. However, if the problem is as complicated as that described in "Rx for Legal Problems" on the Sharon Cuneta-Gabby Concepcion-Richard Gomez case, then what may be involved is actually the practice of law. If a non-lawyer, such as the Legal Clinic, renders such services then it is engaged in the unauthorized practice of law. 1.11. The Legal Clinic also appears to give information on divorce, absence, annulment of marriage and visas (See Annexes "A" and "B" Petition). Purely giving informational materials may not constitute of law. The business is similar to that of a bookstore where the customer buys materials on the subject and determines on the subject and determines by himself what courses of action to take. It is not entirely improbable, however, that aside from purely giving information, the Legal Clinic's paralegals may apply the law to the particular problem of the client, and give legal advice. Such would constitute unauthorized practice of law. It cannot be claimed that the publication of a legal text which publication of a legal text which purports to say what the law is amount to legal practice. And the mere fact that the principles or rules stated in the text may be accepted by a particular reader as a solution to his problem does not affect this. . . . . Apparently it is urged that the conjoining of these two, that is,

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the text and the forms, with advice as to how the forms should be filled out, constitutes the unlawful practice of law. But that is the situation with many approved and accepted texts. Dacey's book is sold to the public at large. There is no personal contact or relationship with a particular individual. Nor does there exist that relation of confidence and trust so necessary to the status of attorney and client. THIS IS THE ESSENTIAL OF LEGAL PRACTICE THE REPRESENTATION AND ADVISING OF A PARTICULAR PERSON IN A PARTICULAR SITUATION. At most the book assumes to offer general advice on common problems, and does not purport to give personal advice on a specific problem peculiar to a designated or readily identified person. Similarly the defendant's publication does not purport to give personal advice on a specific problem peculiar to a designated or readily identified person in a particular situation in their publication and sale of the kits, such publication and sale did not constitutes the unlawful practice of law . . . . There being no legal impediment under the statute to the sale of the kit, there was no proper basis for the injunction against defendant maintaining an office for the purpose of selling to persons seeking a divorce, separation, annulment or separation agreement any printed material or writings relating to matrimonial law or the prohibition in the memorandum of modification of the judgment against defendant having an interest in any publishing house publishing his manuscript on divorce and against his having any personal contact with any prospective purchaser. The record does fully support, however, the finding that for the change of $75 or $100 for the kit, the defendant gave legal advice in the course of personal contacts concerning particular problems which might arise in the preparation and presentation of the purchaser's asserted matrimonial cause of action or pursuit of other legal remedies and assistance in the preparation of necessary documents (The injunction therefore sought to) enjoin conduct constituting the practice of law, particularly with reference to the giving of advice and counsel by the defendant relating to specific problems of particular individuals in connection with a divorce, separation, annulment of separation agreement sought and should be affirmed. (State v. Winder, 348, NYS 2D 270 [1973], cited in Statsky, supra at p. 101.). 1.12. Respondent, of course, states that its services are "strictly nondiagnostic, non-advisory. "It is not controverted, however, that if the services "involve giving legal advice or counselling," such would constitute practice of law (Comment, par. 6.2). It is in this light that FIDA submits that a factual inquiry may be necessary for the judicious disposition of this case. xxx xxx xxx 2.10. Annex "A" may be ethically objectionable in that it can give the impression (or perpetuate the wrong notion) that there is a secret marriage. With all the solemnities, formalities and other requisites of marriages (See Articles 2, et seq., Family Code), no Philippine marriage can be secret.

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2.11. Annex "B" may likewise be ethically objectionable. The second paragraph thereof (which is not necessarily related to the first paragraph) fails to state the limitation that only "paralegal services?" or "legal support services", and not legal services, are available." 11 A prefatory discussion on the meaning of the phrase "practice of law" becomes exigent for the proper determination of the issues raised by the petition at bar. On this score, we note that the clause "practice of law" has long been the subject of judicial construction and interpretation. The courts have laid down general principles and doctrines explaining the meaning and scope of the term, some of which we now take into account. Practice of law means any activity, in or out of court, which requires the application of law, legal procedures, knowledge, training and experience. To engage in the practice of law is to perform those acts which are characteristic of the profession. Generally, to practice law is to give advice or render any kind of service that involves legal knowledge or skill. 12 The practice of law is not limited to the conduct of cases in court. It includes legal advice and counsel, and the preparation of legal instruments and contract by which legal rights are secured, although such matter may or may not be pending in a court. 13 In the practice of his profession, a licensed attorney at law generally engages in three principal types of professional activity: legal advice and instructions to clients to inform them of their rights and obligations, preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman, and appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty, and property according to law, in order to assist in proper interpretation and enforcement of law. 14 When a person participates in the a trial and advertises himself as a lawyer, he is in the practice of law. 15 One who confers with clients, advises them as to their legal rights and then takes the business to an attorney and asks the latter to look after the case in court, is also practicing law. 16 Giving advice for compensation regarding the legal status and rights of another and the conduct with respect thereto constitutes a practice of law. 17 One who renders an opinion as to the proper interpretation of a statute, and receives pay for it, is, to that extent, practicing law. 18 In the recent case of Cayetano vs. Monsod, 19 after citing the doctrines in several cases, we laid down the test to determine whether certain acts constitute "practice of law," thus: Black defines "practice of law" as: The rendition of services requiring the knowledge and the application of legal principles and technique to serve the interest of another with his consent. It is not limited to appearing in court, or advising and assisting in the conduct of litigation, but embraces the preparation of pleadings, and other papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments of all kinds, and the giving of all legal advice to clients. It embraces all advice to clients and all actions taken for them in matters connected with the law. The practice of law is not limited to the conduct of cases on court.(Land Title Abstract and Trust Co. v. Dworken , 129 Ohio St. 23, 193N. E. 650). A person is also considered to be in the practice of law when he:

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. . . . for valuable consideration engages in the business of advising person, firms, associations or corporations as to their right under the law, or appears in a representative capacity as an advocate in proceedings, pending or prospective, before any court, commissioner, referee, board, body, committee, or commission constituted by law or authorized to settle controversies and there, in such representative capacity, performs any act or acts for the purpose of obtaining or defending the rights of their clients under the law. Otherwise stated, one who, in a representative capacity, engages in the business of advising clients as to their rights under the law, or while so engaged performs any act or acts either in court or outside of court for that purpose, is engaged in the practice of law. (State ex. rel. Mckittrick v. C.S. Dudley and Co., 102 S. W. 2d 895, 340 Mo. 852). This Court, in the case of Philippines Lawyers Association v. Agrava (105 Phil. 173, 176177),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 proceedings, 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 a judicial body, the foreclosure of a mortgage, enforcement of a creditor's claim in bankruptcy and insolvency proceedings, and conducting proceedings in attachment, and in matters or estate and guardianship have been held to constitute law practice, as do the preparation and drafting of legal instruments, where the work done involves the determination by the trained legal mind of the legal effect of facts and conditions. (5 Am. Jr. p. 262, 263). Practice of law under modern conditions consists in no small part of work performed outside of any court and having no immediate relation to proceedings in court. It embraces conveyancing, the giving of legal advice on a large variety of subjects and the preparation and execution of legal instruments covering an extensive field of business and trust relations and other affairs. Although these transactions may have no direct connection with court proceedings, they are always subject to become involved in litigation. They require in many aspects a high degree of legal skill, a wide experience with men and affairs, and great capacity for adaptation to difficult and complex situations. These customary functions of an attorney or counselor at law bear an intimate relation to the administration of justice by the courts. No valid distinction, so far as concerns the question set forth in the order, can be drawn between that part of the work of the lawyer which involves appearance in court and that part which involves advice and drafting of instruments in his office. It is of importance to the welfare of the public that these manifold customary functions be performed by persons possessed of adequate learning and skill, of sound moral character, and acting at all times under the heavy trust obligations to clients which rests upon all attorneys. (Moran, Comments on the Rules o Court, Vol. 3 [1973 ed.], pp. 665-666, citing In Re Opinion of the Justices [Mass], 194 N. E. 313, quoted in Rhode Is. Bar Assoc. v. Automobile Service Assoc. [R.I.] 197 A. 139, 144). The practice of law, therefore, covers a wide range of activities in and out of court. Applying the aforementioned criteria to the case at bar, we agree with the perceptive findings and

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observations of the aforestated bar associations that the activities of respondent, as advertised, constitute "practice of law." The contention of respondent that it merely offers legal support services can neither be seriously considered nor sustained. Said proposition is belied by respondent's own description of the services it has been offering, to wit: Legal support services basically consists of giving ready information by trained paralegals to laymen and lawyers, which are strictly non-diagnostic, non-advisory, through the extensive use of computers and modern information technology in the gathering, processing, storage, transmission and reproduction of information and communication, such as computerized legal research; encoding and reproduction of documents and pleadings prepared by laymen or lawyers; document search; evidence gathering; locating parties or witnesses to a case; fact finding investigations; and assistance to laymen in need of basic institutional services from government or non-government agencies, like birth, marriage, property, or business registrations; educational or employment records or certifications, obtaining documentation like clearances, passports, local or foreign visas; giving information about laws of other countries that they may find useful, like foreign divorce, marriage or adoption laws that they can avail of preparatory to emigration to the foreign country, and other matters that do not involve representation of clients in court; designing and installing computer systems, programs, or software for the efficient management of law offices, corporate legal departments, courts and other entities engaged in dispensing or administering legal services. 20 While some of the services being offered by respondent corporation merely involve mechanical and technical knowhow, such as the installation of computer systems and programs for the efficient management of law offices, or the computerization of research aids and materials, these will not suffice to justify an exception to the general rule. What is palpably clear is that respondent corporation gives out legal information to laymen and lawyers. Its contention that such function is non-advisory and non-diagnostic is more apparent than real. In providing information, for example, about foreign laws on marriage, divorce and adoption, it strains the credulity of this Court that all the respondent corporation will simply do is look for the law, furnish a copy thereof to the client, and stop there as if it were merely a bookstore. With its attorneys and so called paralegals, it will necessarily have to explain to the client the intricacies of the law and advise him or her on the proper course of action to be taken as may be provided for by said law. That is what its advertisements represent and for the which services it will consequently charge and be paid. That activity falls squarely within the jurisprudential definition of "practice of law." Such a conclusion will not be altered by the fact that respondent corporation does not represent clients in court since law practice, as the weight of authority holds, is not limited merely giving legal advice, contract drafting and so forth. The aforesaid conclusion is further strengthened by an article published in the January 13, 1991 issue of the Starweek/The Sunday Magazine of the Philippines Star, entitled "Rx for Legal Problems," where an insight into the structure, main purpose and operations of respondent corporation was given by its own "proprietor," Atty. Rogelio P. Nogales: This is the kind of business that is transacted everyday at The Legal Clinic, with offices on the seventh floor of the Victoria Building along U. N. Avenue in Manila. No matter what the client's problem, and even if it is as complicated

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as the Cuneta-Concepcion domestic situation, Atty. Nogales 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 specialist are backed up by a battery of paralegals, counsellors and attorneys. Atty. Nogales set up The Legal Clinic in 1984. Inspired by the trend in the medical field toward specialization, it caters to clients who cannot afford the services of the big law firms. The Legal Clinic has regular and walk-in clients. "when they come, we start by analyzing the problem. That's what doctors do also. They ask you how you contracted what's bothering you, they take your temperature, they observe you for the symptoms and so on. That's how we operate, too. And once the problem has been categorized, then it's referred to one of our specialists. There are cases which do not, in medical terms, require surgery or follow-up treatment. These The Legal Clinic disposes of in a matter of minutes. "Things like preparing a simple deed of sale or an affidavit of loss can be taken care of by our staff or, if this were a hospital the residents or the interns. We can take care of these matters on a while you wait basis. Again, kung baga sa hospital, out-patient, hindi kailangang ma-confine. It's just like a common cold or diarrhea," explains Atty. Nogales. Those cases which requires more extensive "treatment" are dealt with accordingly. "If you had a rich relative who died and named you her sole heir, and you stand to inherit millions of pesos of property, we would refer you to a specialist in taxation. There would be real estate taxes and arrears which would need to be put in order, and your relative is even taxed by the state for the right to transfer her property, and only a specialist in taxation would be properly trained to deal with the problem. Now, if there were other heirs contesting your rich relatives will, then you would need a litigator, who knows how to arrange the problem for presentation in court, and gather evidence to support the case. 21 That fact that the corporation employs paralegals to carry out its services is not controlling. What is important is that it is engaged in the practice of law by virtue of the nature of the services it renders which thereby brings it within the ambit of the statutory prohibitions against the advertisements which it has caused to be published and are now assailed in this proceeding. Further, as correctly and appropriately pointed out by the U.P. WILOCI, said reported facts sufficiently establish that the main purpose of respondent is to serve as a one-stop-shop of sorts for 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. 22 It should be noted that in our jurisdiction the services being offered by private respondent which constitute practice of law cannot be performed by paralegals. Only a person duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of the Rules of Court, and who is in good and regular standing, is entitled to practice law. 23 Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character. The permissive right conferred on the lawyers is an individual and limited privilege subject to withdrawal if he fails to maintain proper standards

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of moral and professional conduct. The purpose is to protect the public, the court, the client and the bar from the incompetence or dishonesty of those unlicensed to practice law and not subject to the disciplinary control of the court. 24 The same rule is observed in the american jurisdiction wherefrom respondent would wish to draw support for his thesis. The doctrines there also stress that the practice of law is limited to those who meet the requirements for, and have been admitted to, the bar, and various statutes or rules specifically so provide. 25 The practice of law is not a lawful business except for members of the bar who have complied with all the conditions required by statute and the rules of court. Only those persons are allowed to practice law who, by reason of attainments previously acquired through education and study, have been recognized by the courts as possessing profound knowledge of legal science entitling them to advise, counsel with, protect, or defend the rights claims, or liabilities of their clients, with respect to the construction, interpretation, operation and effect of law. 26 The justification for excluding from the practice of law those not admitted to the bar is found, not in the protection of the bar from competition, but in the protection of the public from being advised and represented in legal matters by incompetent and unreliable persons over whom the judicial department can exercise little control. 27 We have to necessarily and definitely reject respondent's position that the concept in the United States of paralegals as an occupation separate from the law profession be adopted in this jurisdiction. Whatever may be its merits, respondent cannot but be aware that this should first be a matter for judicial rules or legislative action, and not of unilateral adoption as it has done. Paralegals in the United States are trained professionals. As admitted by respondent, there are schools and universities there which offer studies and degrees in paralegal education, while there are none in the Philippines.28 As the concept of the "paralegals" or "legal assistant" evolved in the United States, standards and guidelines also evolved to protect the general public. One of the major standards or guidelines was developed by the American Bar Association which set up Guidelines for the Approval of Legal Assistant Education Programs (1973). Legislation has even been proposed to certify legal assistants. There are also associations of paralegals in the United States with their own code of professional ethics, such as the National Association of Legal Assistants, Inc. and the American Paralegal Association. 29 In the Philippines, we still have a restricted concept and limited acceptance of what may be considered as paralegal service. As pointed out by FIDA, some persons not duly licensed to practice law are or have been allowed limited representation in behalf of another or to render legal services, but such allowable services are limited in scope and extent by the law, rules or regulations granting permission therefor. 30 Accordingly, we have adopted the American judicial policy that, in the absence of constitutional or statutory authority, a person who has not been admitted as an attorney cannot practice law for the proper administration of justice cannot be hindered by the unwarranted intrusion of an unauthorized and unskilled person into the practice of law. 31 That policy should continue to be one of encouraging persons who are unsure of their legal rights and remedies to seek legal assistance only from persons licensed to practice law in the state. 32 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. 33 He is not supposed to use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-

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laudatory or unfair statement or claim regarding his qualifications or legal services. 34 Nor shall he pay or give something of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. 35 Prior to the adoption of the code of Professional Responsibility, the Canons of Professional Ethics had also warned that lawyers should not resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been or is engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other like self-laudation. 36 The standards of the legal profession condemn the lawyer's advertisement of his talents. A lawyer cannot, without violating the ethics of his profession. advertise his talents or skill as in a manner similar to a merchant advertising his goods. 37 The prescription against advertising of legal services or solicitation of legal business rests on the fundamental postulate that the that the practice of law is a profession. Thus, in the case of The Director of Religious Affairs. vs. Estanislao R. Bayot 38 an advertisement, similar to those of respondent which are involved in the present proceeding, 39 was held to constitute improper advertising or solicitation. The pertinent part of the decision therein reads: It is undeniable that the advertisement in question was a flagrant violation by the respondent of the ethics of his profession, it being a brazen solicitation of business from the public. Section 25 of Rule 127 expressly provides among other things that "the practice of soliciting cases at law for the purpose of gain, either personally or thru paid agents or brokers, constitutes malpractice." It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. Law is a profession and not a trade. The lawyer degrades himself and his profession who stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public. As a member of the bar, he defiles the temple of justice with mercenary activities as the money-changers of old defiled the temple of Jehovah. "The most worthy and effective advertisement possible, even for a young lawyer, . . . . is the establishment of a well-merited reputation for professional capacity and fidelity to trust. This cannot be forced but must be the outcome of character and conduct." (Canon 27, Code of Ethics.). We repeat, the canon of the profession tell us that 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. 40 Of course, not all types of advertising or solicitation are prohibited. The canons of the profession enumerate exceptions to the rule against advertising or solicitation and define the extent to which they may be undertaken. The exceptions are of two broad categories, namely, those which are expressly allowed and those which are necessarily implied from the restrictions. 41 The first of such exceptions is the publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data. "Such data must not be misleading and may include only a statement of the lawyer's name and the names of his professional associates; addresses, telephone numbers, cable

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addresses; branches of law practiced; date and place of birth and admission to the bar; schools attended with dates of graduation, degrees and other educational distinction; public or quasi-public offices; posts of honor; legal authorships; legal teaching positions; membership and offices in bar associations and committees thereof, in legal and scientific societies and legal fraternities; the fact of listings in other reputable law lists; the names and addresses of references; and, with their written consent, the names of clients regularly represented." 42 The law list must be a reputable law list published primarily for that purpose; it cannot be a mere supplemental feature of a paper, magazine, trade journal or periodical which is published principally for other purposes. For that reason, a lawyer may not properly publish his brief biographical and informative data in a daily paper, magazine, trade journal or society program. Nor may a lawyer permit his name to be published in a 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 standing of the profession. 43 The use of an ordinary simple professional card is also permitted. The card may contain only a statement of his name, the name of the law firm which he is connected with, address, telephone number and special branch of law practiced. The publication of a simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable. He may likewise have his name listed in a telephone directory but not under a designation of special branch of law. 44 Verily, taking into consideration the nature and contents of the advertisements for which respondent is being taken to task, which even includes a quotation of the fees charged by said respondent corporation for services rendered, we find and so hold that the same definitely do not and conclusively cannot fall under any of the above-mentioned exceptions. The ruling in the case of Bates, et al. vs. State Bar of Arizona, 45 which is repeatedly invoked and constitutes the justification relied upon by respondent, is obviously not applicable to the case at bar. Foremost is the fact that the disciplinary rule involved in said case explicitly allows a lawyer, as an exception to the prohibition against advertisements by lawyers, to publish a statement of legal fees for an initial consultation or the availability upon request of a written schedule of fees or an estimate of the fee to be charged for the specific services. No such exception is provided for, expressly or impliedly, whether in our former Canons of Professional Ethics or the present Code of Professional Responsibility. Besides, even the disciplinary rule in the Bates case contains a proviso that the exceptions stated therein are "not applicable in any state unless and until it is implemented by such authority in that state." 46 This goes to show that an exception to the general rule, such as that being invoked by herein respondent, can be made only if and when the canons expressly provide for such an exception. Otherwise, the prohibition stands, as in the case at bar. It bears mention that in a survey conducted by the American Bar Association after the decision in Bates, on the attitude of the public about lawyers after viewing television commercials, it was found that public opinion dropped significantly 47 with respect to these characteristics of lawyers: Trustworthy from 71% to 14% Professional from 71% to 14% Honest from 65% to 14% Dignified from 45% to 14%

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Secondly, it is our firm belief that with the present situation of our legal and judicial systems, to allow the publication of advertisements of the kind used by respondent would only serve to aggravate what is already a deteriorating public opinion of the legal profession whose integrity has consistently been under attack lately by media and the community in general. At this point in time, it is of utmost importance in the face of such negative, even if unfair, criticisms at times, to adopt and maintain that level of professional conduct which is beyond reproach, and to exert all efforts to regain the high esteem formerly accorded to the legal profession. In sum, it is undoubtedly a misbehavior on the part of the lawyer, subject to disciplinary action, to advertise his services except in allowable instances 48 or to aid a layman in the unauthorized practice of law. 49 Considering that Atty. Rogelio P. Nogales, who is the prime incorporator, major stockholder and proprietor of The Legal Clinic, Inc. is a member of the Philippine Bar, he is hereby reprimanded, with a warning that a repetition of the same or similar acts which are involved in this proceeding will be dealt with more severely. While we deem it necessary that the question as to the legality or illegality of the purpose/s for which the Legal Clinic, Inc. was created should be passed upon and determined, we are constrained to refrain from lapsing into an obiter on that aspect since it is clearly not within the adjudicative parameters of the present proceeding which is merely administrative in nature. It is, of course, imperative that this matter be promptly determined, albeit in a different proceeding and forum, since, under the present state of our law and jurisprudence, a corporation cannot be organized for or engage in the practice of law in this country. This interdiction, just like the rule against unethical advertising, cannot be subverted by employing some so-called paralegals supposedly rendering the alleged support services. The remedy for the apparent breach of this prohibition by respondent is the concern and province of the Solicitor General who can institute the corresponding quo warranto action, 50 after due ascertainment of the factual background and basis for the grant of respondent's corporate charter, in light of the putative misuse thereof. That spin-off from the instant bar matter is referred to the Solicitor General for such action as may be necessary under the circumstances. ACCORDINGLY, the Court Resolved to RESTRAIN and ENJOIN herein respondent, The Legal Clinic, Inc., from issuing or causing the publication or dissemination of any advertisement in any form which is of the same or similar tenor and purpose as Annexes "A" and "B" of this petition, and from conducting, directly or indirectly, any activity, operation or transaction proscribed by law or the Code of Professional Ethics as indicated herein. Let copies of this resolution be furnished the Integrated Bar of the Philippines, the Office of the Bar Confidant and the Office of the Solicitor General for appropriate action in accordance herewith.

Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-51813-14 November 29, 1983 ROMULO CANTIMBUHAN, NELSON B. MALANA, and ROBERT V. LUCILA, petitioners, vs.

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HON. NICANOR J. CRUZ, JR., Presiding Judge of the Municipal Court of Paraaque, Metro Manila, and FISCAL LEODEGARIO C. QUILATAN, respondents. Appeal from the Order, dated August 16, 1979, of respondent Judge Nicanor J. Cruz, Jr., of the then Municipal Court of Paraaque, Metro Manila, disallowing the appearances of petitioners Nelson B. Malana and Robert V. Lucila as private prosecutors in Criminal Cases Nos. 58549 and 58550, both for less serious physical injuries, filed against Pat. Danilo San Antonio and Pat. Rodolfo Diaz, respectively, as well as the Order, dated September 4, 1979, denying the motion for reconsideration holding, among others, that "the fiscal's claim that appearances of friends of party-litigants should be allowed only in places where there is a scarcity of legal practitioner, to be well founded. For, if we are to allow non-members of the bar to appear in court and prosecute cases or defend litigants in the guise of being friends of the litigants, then the requirement of membership in the Integrated Bar of the Philippines and the additional requirement of paying professional taxes for a lawyer to appear in court, would be put to naught. " (p. 25, Rollo) Records show that on April 6, 1979, petitioner Romulo Cantimbuhan filed separate criminal complaints against Patrolmen Danilo San Antonio and Rodolfo Diaz for less serious physical injuries, respectively, and were docketed as Criminal Cases Nos. 58549 and 58550 in the then Municipal Court of Paraaque, Metro Manila. Petitioners Nelson B. Malana and Robert V. Lucila, in 1979, were senior law students of the U.P.assistance to the needy clients in the Office of the Legal Aid. Thus, in August 1979, petitioners Malana and Lucila filed their separate appearances, as friends of complainantpetitioner Cantimbuhan. Herein respondent Fiscal Leodegario C. Quilatan opposed the appearances of said petitioners, and respondent judge, in an Order dated August 16, 1979, sustained the respondent fiscal and disallowed the appearances of petitioners Malana and Lucila, as private prosecutors in said criminal cases. Likewise, on September 4, 1979, respondent Judge issued an order denying petitioners' motion for reconsideration. Hence, this petition for certiorari, mandamus and prohibition with prayers, among others, that the Orders of respondent judge, dated August 16, 1979 and September 4, 1979, be set aside as they are in plain violation of Section 34, Rule 138 of the Rules of Court and/or were issued with grave abuse of discretion amounting to lack of jurisdiction. Upon motion, the Court, on November 8, 1979, issued a temporary restraining order "enjoining respondent judge and all persons acting for and in his behalf from conducting any proceedings in Criminal Cases Nos. 58549 (People of the Philippines vs. Danilo San Antonio) and 58559 (People of the Philippines vs. Rodolfo Diaz) of the Municipal Court of Paraaque, Metro Manila on November 15, 1979 as scheduled or on any such dates as may be fixed by said respondent judge. Basis of this petition is Section 34, Rule 138 of the Rules of Court which states: t.hqw SEC. 34. By whom litigation conducted. In the court of a justice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar. Thus, a non-member of the Philippine Bar a party to an action is authorized to appear in court and conduct his own case; and, in the inferior courts, the litigant may be aided by a friend or agent or by an attorney. However, in the Courts of First Instance, now Regional Trial Courts, he can be aided only by an attorney.

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On the other hand, it is the submission of the respondents that pursuant to Sections 4 and 15, Rule 110 of the Rules of Court, it is the fiscal who is empowered to determine who shall be the private prosecutor as was done by respondent fiscal when he objected to the appearances of petitioners Malana and Lucila. Sections 4 and 15, Rule 110 of the Rules of Court provide: t.hqw SEC. 4. Who must prosecute criminal actions. All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of the fiscal. xxx xxx xxx SEC. 15. Intervention of the offended party in criminal action. Unless the offended party has waived the civil action or expressly reserved the right to institute it separately from the criminal action, and subject to the provisions of section 4 hereof, he may intervene, personally or by attorney, in the prosecution of the offense. And, they contend that the exercise by the offended party to intervene is subject to the direction and control of the fiscal and that his appearance, no less than his active conduct of the case later on, requires the prior approval of the fiscal. We find merit in the petition. Section 34, Rule 138 of the Rules of Court, clearly provides that in the municipal court a party may conduct his litigation in person with the aid of an agent appointed by him for the purpose. Thus, in the case of Laput vs. Bernabe, 55 Phil. 621, a law student was allowed to represent the accused in a case pending before the then Municipal Court, the City Court of Manila, who was charged for damages to property through reckless imprudence. "It is accordingly our view that error was committed in the municipal court in not allowing Crispiniano V. Laput to act as an agent or friend of Catalino Salas to aid the latter in conducting his defense." The permission of the fiscal is not necessary for one to enter his appearance as private prosecutor. In the first place, the law does not impose this condition. What the fiscal can do, if he wants to handle the case personally is to disallow the private prosecutor's participation, whether he be a lawyer or not, in the trial of the case. On the other hand, if the fiscal desires the active participation of the private prosecutor, he can just manifest to the court that the private prosecutor, with its approval, will conduct the prosecution of the case under his supervision and control. Further, We may add that if a non-lawyer can appear as defense counsel or as friend of the accused in a case before the municipal trial court, with more reason should he be allowed to appear as private prosecutor under the supervision and control of the trial fiscal. In the two criminal cases filed before the Municipal Court of Paraaque, petitioner Cantimbuhan, as the offended party, did not expressly waive the civil action nor reserve his right to institute it separately and, therefore, the civil action is deemed impliedly instituted in said criminal cases. Thus, said complainant Romulo Cantimbuhan has personal interest in the success of the civil action and, in the prosecution of the same, he cannot be deprived of his right to be assisted by a friend who is not a lawyer. WHEREFORE, the Orders issued by respondent judge dated August 16, 1979 and September 4, 1979 which disallowed the appearances of petitioners Nelson B. Malana and Robert V. Lucila as friends of party-litigant petitioner Romulo Cantimbuhan. are hereby SET ASIDE and respondent judge is hereby ordered to ALLOW the appearance and intervention of petitioners Malana and Lucila as friends of Romulo Cantimbuhan. Accordingly, the temporary restraining order issued on November 8, 1979 is LIFTED. SO ORDERED.

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Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-8320 December 20, 1955

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SIM BEN, defendant-appellant. Sim Ben appeals from a judgment of the Court of First Instance of Cebu finding him guilty of violating paragraph 3, Article 201 of the Revised Penal Code, for having exhibit cinematographic films of indecent or immoral scenes inside his establishment, a restaurant which is a place open to public view in the City of Cebu, on the sole ground that he entered a plea of guilty to the information without the aid of counsel. The minutes of the session of the Court on 31 January 1953 disclose that when the case was called for trial, the appellant was informed by the Court of his right to have counsel and asked if he desired the aid of one. He replied that he did not. Then the Court asked if he was agreeable to have the information read to him even without the assistance of counsel. His answer was in the affirmative. The court interpreter translated the information to him in the local dialect and after the translation he entered a plea of guilty. He was asked whether he knew that because of the plea of guilty the punishment as provided for by law would be imposed upon him and he answered "Yes, sir." The Court asked him if he insisted on his plea of guilty and he answered "Yes, sir." At this juncture the fiscal recommended that a fine of P200 be imposed upon the defendant. Thereupon, the Court sentenced him to suffer 6 months and 1 day of prision correccional and to pay the costs.lawphi1.net What transpired when the appellant was arraigned shows that his rights were fully protected and safeguarded. The Court complied with its duly when it informed the appellant that it was his right to have the aid of counse. And before pronouncing the sentence the Court took pains to ascertain whether he was aware of the consequences of the plea he had entered. Notwithstanding this precaution and warning, he waived his right to have the aid of counsel and entered a plea of guilty to the information. Appellant claims that he entered the plea of guilty because the fiscal promised him that only a fine would be imposed. The recommendation of the fiscal that only a fine be imposed upon the appellant seems to bear out his claim; but such recommendation or one of leniency does not mean that the appellant is not guilty of the crime charged against him. A promise to recommend a specific penalty such as fine does not render the sentence void if the Court ignores the recommendation and metes out to the defendant a penalty which is provided by law. The sentence appealed from is affirmed, with cost against the appellant. Paras, C. J., Bengzon, Montemayor, Reyes, A., Jugo, Bautista Angelo, Labrador, Concepcion, and Reyes, J. B. L., JJ., concur.

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Republic of the Philippines SUPREME COURT Manila FIRST DIVISION G.R. No. 92349 November 9, 1990 MARIA LUISA ESTOESTA petitioner, vs. THE COURT OF APPEALS, PEOPLE OF THE PHILIPPINES and GERRY R. GONZALES, Presiding Judge, MTC, Br. 76, Marikina, respondents. The legal effect of the appearance of a litigant in his own behalf is the focus of controversy in this petition. Petitioner was charged with the crime of slight physical injuries committed against Perla Y. Corpuz in an information filed with the Metropolitan Trial Court of Marikina, Metro Manila. By the same token, on a countercharge of petitioner, Perla Y. Corpuz was charged in an information for the same offense before the same court. The cases were consolidated and after a joint trial on the merits where both parties were duly represented by counsel, the trial court rendered a decision dated January 12, 1989 convicting the petitioner of the crime charged and sentencing her to suffer imprisonment of arresto menor in its medium period of eleven (11) days to twenty (20) days but acquitting Perla Y. Corpuz with costs de oficio in both cases. Not satisfied therewith petitioner through counsel filed a notice of appeal within the reglementary period to the Regional Trial Court of Pasig wherein in due course the judgment appealed from was modified as to the penalty by imposing a straight penalty of eleven (11) days imprisonment. A motion for reconsideration filed by counsel for petitioner was denied by the Regional Trial Court on August 30, 1989. On September 20, 1989, petitioner, without the assistance of counsel, filed with the Court of Appeals a motion for extension of time of thirty (30) days from September 30, 1989 or up to October 19, 1989 within which to file a petition for review on the ground that she has to look for another lawyer to represent her and prepare the necessary petition. The motion was granted by the appellate court in a resolution dated October 16, 1989. However, instead of filing the petition for review, petitioner in her own behalf filed on October 9, 1989 a written manifestation and motion to withdraw petition for review for the purpose of applying for probation in the court of origin, "she being a first offender and possesses (sic) all the qualifications and none of the disqualifications provided for under the said probation law." 1 The motion was granted by the appellate court in a resolution dated October 24, 1989, copy of which was received by petitioner on October 30, 1989.

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The division clerk of court of the Court of Appeals made the entry of judgment on October 25, 1989. On November 17, 1989, the petitioner filed a joint or alternative motion for reconsideration and reinstatement of petition for review and petition for relief from judgment with prayer for a temporary restraining order based on the ground that the motion to withdraw the petition for review was filed without the advice of her lawyer and under the honest impression that her application for probation pending with the lower court will be granted. In a resolution dated February 20, 1990, the Court of Appeals denied the said motion for lack of merit. Hence this petition for review on certiorari with prayer for restraining order dated March 10, 1990 predicated on the following grounds: I. THE HON. COURT OF APPEALS GRAVELY ABUSED ITS DISCRETION AMOUNTING TO LACK OF JURISDICTION IN DENYING YOUR PETITIONER'S MOTION TO REINSTATE PETITION FOR REVIEW IN TOTAL DISREGARD OF THE DOCTRINES ENUNCIATED IN THE CASES OF DELGADO VS. COURT OF APPEALS, 145 SCRA 357; REPUBLIC VS. ARRO, 150 SCRA 626 AND SILVESTRE VS. MILITARY COMMISSION NO. 21, NO. L-46366, MARCH 8, 1978. II. THE DENIAL OF YOUR PETITIONER'S MOTION TO REINSTATE HER PETITION FOR REVIEW WOULD PERPETUATE THE SERIOUS AND PATENT ERRORS COMMITTED BY THE LOWER COURT ESPECIALLY AS TO THE ALLEGED OPPORTUNITY TO OBSERVE WITNESSES' DEMEANOR WHEN THE JUDGE WHO PENNED THE DECISION WAS NOT THE SAME JUDGE WHO HEARD THE WITNESSES (WHO) TESTIFIED. 2 The petition is devoid of merit. Section 34, Rule 138 of the Rules of Court provides as follows: SEC. 34. By whom litigation conducted. In the court of a justice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar. From the foregoing provision of the rule, it is clear that a party in a case may conduct a litigation either personally or by an attorney in the courts. He may also be assisted by an agent or friend for the purpose in the inferior courts. And even if a party may have chosen to appear through counsel, he may at any time dispense with the services of his/her lawyer and prosecute or defend his/her case personally. In this case the Court notes that before the Metropolitan Trial Court and the Regional Trial Court, the petitioner was duly represented by counsel. However, when she decided to elevate her case to the Court of Appeals she chose to handle her case personally, first, by asking for an extension of time within which to file a petition for review and second, by filing thereafter a petition to withdraw the petition for review to enable her to apply for probation. Unfortunately, under Section 4 of Presidential Decree No. 1257 as amended by Presidential Decree No. 1990 dated October 5, 1985, it is specifically provided that "no application for

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probation shall be entertained or granted when the defendant has perfected the appeal from the judgment of conviction." Thus, as petitioner failed to secure favorable action on her application for probation, she filed a motion for reconsideration of the resolution of the appellate court granting her motion to withdraw or in the alternative, a petition for relief from judgment alleging that she was not duly assisted by counsel then and that she was under the honest impression that she could apply for probation, and that if the motion is granted, petitioner could very well demonstrate that the assessment of the credibility of the witnesses by the lower court which was relied upon by the Regional Trial Court is misplaced as the one who decided the case is different from the judge who heard the case. The said alternative motion for reconsideration or petition for relief from judgment, however, was filed only on November 17, 1989, beyond the reglementary period. Petitioner received a copy of the questioned resolution dated October 24, 1989 on October 30, 1989. Hence, said resolution had become final by the time petitioner filed her motion. Besides, the alternative petition for relief from judgment is not accompanied by an affidavit of merit as required by the rules. 3 The Court emphasizes the fact that it is always better for a party to be represented by counsel in a litigation. Nevertheless, it is the right of such party to appear in his or her own behalf to prosecute or defend a cause in court. If in the process petitioner suffered reverses, she has only herself to blame. She is bound by the consequences of her own voluntary act. The judgment of conviction of the petitioner for slight physical injuries inflicted by the petitioner upon the offended party was arrived at by the Regional Trial Court based on the testimony of the offended party corroborated by her witnesses and proof of the injury. Such judgment has become final and petitioner must now face the reality of submitting herself for its execution. WHEREFORE, the petition is DENIED without pronouncement as to costs. SO ORDERED.

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