Ladesma v.

Climaco
Facts:
Prior to his appointment as election registrar for Cadiz, Negros Occidental on Oct 30, 1964,
petitioner was counsel de parte as an accused in a pending case in the sala of the respondent.
Citing the demands of his appointive post and the conflict that may arise between the discharge
of his duties as election registrar and officer of the court, the petitioner moved to withdraw as
counsel. However, the respondent judge not only denied the motion, but even appointed the
petitioner as counsel de officio for the two other accused. As a result, the petitioner now comes
before the Court to have the order of the respondent judge reversed on certiorari.
Issue:
Did the respondent judge act with grave abuse of discretion?
Held:
No, he did not. The principal reason behind respondents denial of the motion to withdraw of
petitioner is because of its effect to delay the case further. The criminal proceeding had already
been postponed several times, and to grant the petitioners motion would have been tantamount
to a denial of the accuseds rights to a speedy disposition of the case. The fact that the respondent
already appointed the petitioner as counsel de officio other than the de parte, renders the latters
excuse of the demand of his job as registrar inutile.
There is no reason for him to compromise the accused; defense for want of time with the
demands on the time of counsel de officio is less than that of de parte. It is thus clear that the
petitioner is merely reluctant to represent the accused. Membership in the Bar requires the
responsibility to live up to its exacting standard, which includes assisting the state when called
upon to administer justice. The law is not a trade or a craft, but a profession; as such, the facts
that petitioner will not be compensated for his trouble should not hinder him from defending the
accused to the best of his ability.
The right of the accused to counsel is a constitutionally protected right such that any frustration
thereof by petitioner amounts to a serious affront to the profession. Petition is dismissed.
Petitioner is admonished.