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IN RE: ALMACEN (31 SCRA 562 2/18/70) FACTS: Vicente Raul Almacens Petition to Surrender Lawyers Certificate of Title, filed on Sept. 26, 1967, in protest against what he therein asserts is a great injustice committed against his client by Supreme Court. He indicts SC, in his own phrase, as a tribual 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 clients he continues, who was deeply aggrieved by this Courts unjust judgment, has become one of the sacrificial victims before the altar of hypocrisy. He ridicules the members of the Court, saying that justice as administered by the present members of the Supreme Court is not only bline, but also deaf and dumb. He then vows to argue the cause of his client in the peoples forum, so that people may know of the silent injustices 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 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. The genesis of this unfortunate incident was a civil case entitled Yaptichay v. Calero, in which Atty. Almacen was counsel for the defendant. The trial court rencered judgment agains his client. On June 15, 1966 atty. Almacen receive acopy of the decision. Twenty days later on he moved for its reconsideration but did not notify the latter of the time and plce of hearing on said motion. Meanwhile, onJuly 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 Almacen filed on August 17, 1966 a second motion for reconsideration, however, was ordered withdrawn by the trial court on August 30, 1966, upon verbal motion of Atty. Almacen himself, who earlier, that is, on Aug. 22, 1966 had already perfected the appeal. Motion for reconsideration was denied by Court of Appeals. HELD: Well-recognized is the right of a lawyer, both as an officer of the court and as citizen, to criticize in properly respectful terms and through legitimate channels the acts of courts and judges. 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. Atty. Almacen is suspended from the practice of law until further orders. In re Lanuevo IN RE: A.M. No. 1162 August 29, 1975 Facts: VICTORIO D. LANUEVO

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This is a disbarment matter with regards to Attorney Victorio Lanuevo, the Bar Confidant for the 1971 Bar Examinations. Supreme Court received a confidential letter that speaks of the exam notebooks of a examinee named Ramon Galang who has been re-evaluated and recorrected such that he hurdled the Bar Exams and was admitted to the Bar. Lanuevo admitted having brought the five examination notebooks of Ramon E. Galang back to the respective examiners for re-evalution or re-checking. The five examiners admitted having re-evaluated or re-checked the notebook to him by the Bar Confidant, stating that he has the authority to do the same and that the examinee concerned failed only in his particular subject and was on the borderline of passing. Ramon Galang was able to pass the 1971 bar exam because of Lanuevos move but the exam results bears that he failed in 5 subjects namely in (Political, Civil, Mercantile, Criminal & Remedial). Galang on the otherhand, denied of having charged of Slight Physical Injuries on Eufrosino de Vera, a law student of MLQU. The five examiners were led by Lanuevo to believe that it is the Bar Committees regular activity that when an examinee has failed in one subject alone, the rest he passed, the examiner in that subject which he flunked will review his exam notebook. Afterwards, Lanuevo gained possession of few properties, including that of a house in BF Homes, which was never declared in his declaration of assets and liabilities. Issue: WON Lanuevo was guilty of defrauding the examiners such that Galang passed the Bar? YES Held: It was plain, simple and unmitigated deception that characterized respondent Lanuevos well-studied and well-calculated moves in successively representing separately to each of the five examiners concerned to the effect that the examinee failed only in his particular subject and/or was on the borderline of passing. To repeat, the before the unauthorized reevaluations were made, Galang failed in the five (5) major subjects and in two (2) minor subjects which under no circumstances or standard could it be honestly claimed that the examinee failed only in one, or he was on the borderline of passing. The Bar Confidant has absolutely nothing to do in the re-evaluation or reconsideration of the grades of examinees who fail to make the passing mark before or after their notebooks are submitted to it by the Examiners. The Bar Confidant has no business evaluating the answers of the examinees and cannot assume the functions of passing upon the appraisal made by the Examiners concerned. He is not the over-all Examiner. He cannot presume to know better than the examiner. AS TO GALANGS CRIM CASE: The concealment of an attorney in his application to take the Bar examinations of the fact that he had been charged with, or indicted for, an alleged crime, is a ground for revocation of his license to practice law is well settled. The practice of the law is not an absolute right to be granted every one who demands it, but is a privilege to be extended or withheld in the exercise of sound discretion. The standards of the legal profession are not satisfied by conduct which merely enables one to escape the penalties of the criminal law. Under the circumstances in which respondent Ramon E. Galang, alias Roman E. Galang, was allowed to take the Bar examinations and the highly irregular manner in which he

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passed the Bar, WE have no other alternative but to order the surrender of his attorneys certificate and the striking out of his name from the Roll of Attorneys. DECISION: Lanuevo disbarred, Galang stricken from the Roll of Attorneys.

Ulep vs. Legal Clinic, 223 SCRA 378 (1993) FACTS: The petitioner contends that the advertisements reproduced by the respondents are champertous, 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, to which as a member of the legal profession, he is ashamed and offended by the following advertisements: 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 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/Force Visa for Filipina Spouse/Children. Call Marivic. THE 7F Victoria Bldg. 429 UN Ave., LEGAL Ermita, Manila nr. US Embassy CLINIC, INC. Tel. 521-7232; 521-7251; 522-2041; 521-0767 In its answer to the petition, respondent admits the fact of publication of said advertisements 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, reportedly decided by the United States Supreme Court on June 7, 1977.

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ISSUE:Whether or not, the advertised services offered by the Legal Clinic, Inc., constitutes practice of law and whether the same are in violation of the Code of Professional responsibility RULING: The advertisement of the respondent is covered in the term practice of law as defined in the case of Cayetano vs. Monsod. There is a restricted concept and limited acceptance of paralegal services in the Philippines. It is allowed that some persons not duly licensed to practice law are or have been permitted with a 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 therefore. Canon 3 of 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. Canon 3.01 adds that he is not supposed to use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. 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 (Canon 3.04). The Canons of Professional Ethics, before the adoption of the CPR, 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 have been engaged of concerning the manner of the conduct, the magnitude of the interest involved, the importance the lawyer's position, and all other like self-laudation. There are existing exceptions under the law on the rule prohibiting the advertisement of a lawyers services. However, 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, the court found and held that the same definitely do not and conclusively cannot fall under any of the exceptions. The respondents defense with the case of Bates vs. State Bar applies only when there is 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 stand therein are "not applicable in any state unless and until it is implemented by such authority in that state. The Court Resolved to RESTRAIN and ENJOIN 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.

Cayetano v. Monsod G.R. No. 100113, September 3, 1991 Facts: Respondent Christian Monsod was nominated by President Corazon C. Aquino to the position of Chairman of the COMELEC in a letter received by the Secretariat of the Commission on Appointments on April 25, 1991. Petitioner opposed the nomination

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because allegedly Monsod does not possess the required qualification of having been engaged in the practice of law for at least ten years. On June 5, 1991, the Commission on Appointments confirmed the nomination of Monsod as Chairman of the COMELEC. On June 18, 1991, he took his oath of office. On the same day, he assumed office as Chairman of the COMELEC. Challenging the validity of the confirmation by the Commission on Appointments of Monsod's nomination, petitioner as a citizen and taxpayer, filed the instant petition for certiorari and Prohibition praying that said confirmation and the consequent appointment of Monsod as Chairman of the Commission on Elections be declared null and void. Issue: Whether the appointment of Chairman Monsod of Comelec violates Section 1 (1), Article IXC of the 1987 Constitution? Held: The 1987 Constitution provides in Section 1 (1), Article IX-C, that there shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirtyfive years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. Atty. Christian Monsod is a member of the Philippine Bar, having passed the bar examinations of 1960 with a grade of 86-55%. He has been dues paying member of the Integrated Bar of the Philippines since its inception in 1972-73. He has also been paying his professional license fees as lawyer for more than ten years. At this point, it might be helpful to define private practice. The term, as commonly understood, means "an individual or organization engaged in the business of delivering legal services." (Ibid.). Lawyers who practice alone are often called "sole practitioners." Groups of lawyers are called "firms." The firm is usually a partnership and members of the firm are the partners. Some firms may be organized as professional corporations and the members called shareholders. In either case, the members of the firm are the experienced attorneys. In most firms, there are younger or more inexperienced salaried attorneys called "associates." Hence, the Commission on the basis of evidence submitted doling the public hearings on Monsod's confirmation, implicitly determined that he possessed the necessary qualifications as required by law. The judgment rendered by the Commission in the exercise of such an acknowledged power is beyond judicial interference except only upon a clear showing of a grave abuse of discretion amounting to lack or excess of jurisdiction. (Art. VIII, Sec. 1 Constitution). Thus, only where such grave abuse of discretion is clearly shown shall the Court interfere with the Commission's judgment. In the instant case, there is no occasion for the exercise of the Court's corrective power, since no abuse, much less a grave abuse of discretion, that would amount to lack or excess of jurisdiction and would warrant the issuance of the writs prayed, for has been clearly shown. Besides in the leading case of Luego v. Civil Service Commission, he Court said that, Appointment is an essentially discretionary power and must be performed by the officer in which it is vested according to his best lights, the only condition being that the appointee should possess the qualifications required by law. If he does, then the appointment cannot be faulted on the ground that there are others better qualified who should have been preferred. This is a political question involving considerations of wisdom which only the appointing authority can decide.

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In Re: Edillon 84 SCRA 554 (1978) Posted by Evelyn Wednesday, January 19, 2011 Facts: This is an administrative case against Edillon who refuses to pay his IBP membership dues assailing the provisions of the Rule of Court 139-A and the provisions of par. 2, Section 24, Article III, of the IBP By-Laws pertaining to the organization of IBP, payment of membership fee and suspension for failure to pay the same. He contends that the stated provisions constitute an invasion of his constitutional rights of being compelled to be a member of the IBP in order to practice his profession and thus deprives his rights to liberty and property and thereby null and void. Issue: Whether or not it assailed provisions constitutes a deprivation of liberty and property of the respondent. Held: The court held that the IBP is a State-organized Bar as distinguished from bar associations that are organized by individual lawyers themselves, membership of which is voluntary. The IBP however is an official national body of which all lawyers must be a member and are subjected to the rules prescribed for the governance of the Bar which includes payment of reasonable annual fee for the purpose of carrying out its objectives and implementation of regulations in the practice of law. The provisions assailed does not infringe the constitutional rights of the respondent as it is a valid exercise of police power necessary to perpetuate its existence with regulatory measures to implement. The name of Edillon was stricken out from the rolls of attorney for being a delinquent member of the bar.