Republic of the Philippines

Eighth Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch 1
Tacloban City

PEOPLE OF THE PHILIPPINES

Criminal Case No. 123
For:
Slight
Physical

Plaintif
Injuries

-versus-

JUAN DE LA CRUZ
Accused

x---------------------------------------------x

MOTION TO WITHDRAW

COMES NOW, the undersigned counsel, unto the

Honorable Court, most respectfully states:
1.That the undersigned counsel has already terminated his
attorney-client relationship with the Defendant Juan de la
Cruz, particularly because of the latter's deliberate failure to
pay the fees for the undersigned's legal services despite
repeated requests for payment and repeated promises to
pay, in violation of the Defendant's Retainer Contract with
the undersigned counsel;

2. That the statement of accounts of the undersigned

counsel merely fell on deaf ears and not a single centavo
was paid to this date by the said Defendant contrary to all its
representations;
3. That the undersigned counsel's previous request for said
Defendant to give consent and conformity to the
undersigned counsel's Motion for Withdrawal was never
acted upon to this date;
4. That in view of the foregoing reasons, the undersigned
counsel could no longer adequately fulfill his obligations as
legal counsel for the said Defendant;
5. That Rule 22.01 par. (f) of the Code of Professional
Responsibility states that a lawyer may withdraw his services
when the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;
6. That there is a need to protect the members of the legal
profession from clients who take advantages of their
professional services. In fact, the Honorable Supreme Court
had the occasion to state that:
"Counsel, any counsel, if worthy of his hire, is entitled to be
fully recompensed for his services. With his capital consisting
solely of his brains and with his skill, acquired at tremendous
cost not only in money but in the expenditure of time and
energy, he is entitled to the protection of any judicial tribunal
against any attempt on the part of the client to escape
payment of his fees. It is indeed ironic if after putting forth
the best that is in him to secure justice for the party he
represents, he himself would not get his due. Such an
eventuality this Court is determined to avoid. It views with
disapproval any and every efort of those benefited by
counsel's services to deprive him of his hard-earned
honorarium.
Such
an
attitude
deserves
condemnation."(Albano vs. Coloma, 21 SCRA 411).
7. As such, undersigned most respectfully requests that he
be allowed by this Honorable Court to withdraw his

appearance in this case as Counsel for the Defendant Juan

de la Cruz without the latter's express conformity.

PRAYER

WHEREFORE,
premises
considered,
undersigned
counsel most respectfully prays that he be allowed to
withdraw his appearance in this case as counsel for the
Defendant Juan de la Cruz, dispensing with the latter's
express conformity, and that he be relieved of all his
responsibilities relative to this case.
Other reliefs just and equitable under the premises are
likewise prayed for.
Tacloban City, Philippines, 27th February 2015.

Atty. Jay Yulo

Counsel for: Juan De la Cruz
Brgy. 110
Utap Tacloban City
Roll No. 150000
IBP No. 180090 issued on May 5 2014 at City of Manila
PTR NO. 100 issued on January 5, 2015 at Tacloban City

MCLE Compliance No. 20050 series of 2005

Copy Furnished:
Atty Kerby Enabore
Counsel for Plaintif
Justice Romuladez St.
Tacloban City