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Case Digests
Cayetano vs. Monsod Facts: Respondent Christian Monsod was appointed as chairman of the COMELEC by President Cory !"ino. Petitioner opposed the appointment beca"se a##eged#y Christian Monsod does not meet the !"a#i$cations provided in %ection & rt '()C of the Constit"tion where where it is said that the Chairman m"st be engaged in the practice of #aw for at #east ten years prior to his appointment. *efore being appointed+ Christian Monsod wor,ed with vario"s private corporations he became an operations o-cer and has rendered services to vario"s companies as a #ega# and economic cons"#tant or chief eec"tive o-cer. side from a## of that+ Christian Monsod a#so became the /enera# %ecretary of 0MFREL and was a#so a member of the Cnstit"tiona# Commission in &123. 'ss"e: 4hether or not Respondent Christian Monsod is engaged in the practice of #aw for the past ten years. R"#ing: 5he practice of of #aw is not #imited to the cond"ct cond"ct of cases cases in co"rt. 't invo#ves the rendition of services re!"iring the ,now#edge and the app#ication of #ega# princip#es and techni!"e to serve the interest of another with his consent. 't is not #imited to appearing in co"rt+ or advising and assisting in the cond"ct of #itigation+ b"t embraces the preparation of p#eadings. 5herefore 5herefore it is r"#ed that that Christian Christian Monsod is engaged in the the practice of #aw #aw and is f"##y !"a#i$ed to be the Chairman of the COMELEC.
6#ep vs. Lega# C#inic Facts: Ma"ricio 6#ep $#ed a case to cease and desist the advertisements given by the respondent Lega# C#inic as it was "na"thori7ed and demeaning of the #aw profession. 5he Lega# C#inic was advertising #ega# services for divorce and ann"#ment of marriage overseas as we## as advises regarding immigration prob#ems witho"t the epertise of any certi$ed attorneys. 'ss"e: 4hether or not the Lega# C#inic is engaged in the "na"thori7ed practice of #aw. R"#ing: 8es. 8es. ## of the advertisements advertisements given given by the Lega# Lega# C#inic re!"ire re!"ire the the app#ication of the #aw partic"#ar#y the provisions of Persons and Fami#y Re#ations. 5heir activity a#so re!"ires the #ega# princip#es and proced"res re#ated thereto+ the #ega# advices based thereon and which activities ca## for #ega# training+ ,now#edge and eperience. F"rthermore+ meas"res sho"#d be ta,en to protect the genera# p"b#ic from fa##ing prey to those who advertise #ega# services witho"t being !"a#i$ed to o9er s"ch services.
'n re: #macen Facts: icente Ra"# #macen s"rrendered his #icense and insists that his name be stric,en from the ro## of attorneys in protest against what he therein asserts is ;a great in<"stice committed against his c#ient by %"preme Co"rt=. >e ridic"#ed the members of the co"rt and gave so many defamatory remar,s s"ch as ;they are not on#y b#ind+ b"t a#so deaf and d"mb=. 5he reason why #macen?s c#ient #ost the case was beca"se he fai#ed to indicate the time and p#ace in his motion for reconsideration which is critica# to ma,e the p#eading #ega##y e9ective p"rs"ant to R"#e &@ of the R"#es of Co"rt. 'ss"es: 4hether or not #macen sho"#d be discip#ined beca"se of his actions. R"#ing: 8es. 8es. 't is epected epected of a #awyer to act with proper proper cond"ct cond"ct and be respectf"##y respectf"##y to the the high co"rts at a## times for he is <"st not a mere citi7en b"t rather a member of the #ega# profession. >is scr"tiny and contempt"o"s criticisms are "nca##ed for. s a veteran #awyer+ he sho"#d have ,nown that a motion for reconsideration which fai#ed to notify the opposing party of the time and p#ace of tria# is a mere scrap of paper and wi## not be entertained by the co"rt. >e has on#y himse#f to b#ame and he is the reason why his c#ient #ost. #macen was s"spended inde$nite#y.
'n re: C"nanan Facts: Congress passed R.. 0o. 13A or a#so ,nown as ;5he *ar F#"n,ers ct= in &1BA. 5he said act $ed the passing mar,s of bar eaminations from &1 "p to &1BB. 5his is beca"se of the varying di-c"#ty of the eams and the strictness of grading d"ring the mentioned years. #bino C"nanan+ a bar candidate himse#f assai#ed the constit"tiona#ity of R.. 0o. 13A. 'ss"e: 4hether or not 5he *ar F#"n,ers ct is "nconstit"tiona#. R"#ing: 8es. 8es. *eca"se on#y on#y the "diciary "diciary has the origina# origina# and ec#"sive ec#"sive power to decide on who wi## be members of the Phi#ippine *ar. %"ch ct a#so contradicts to the provisions enshrined in the R"#es of Co"rt governing admission to the bar+ in order that a candidate Gfor admission to the *arH may be deemed to have passed his eaminations s"ccessf"##y+ s"ccessf"##y+ he m"st have obtained a genera# average of 3B per cent in a## s"b
#awi vs. #a"ya Facts: #etter for a ho"sing #oan was iss"ed by %ophia #awi?s agency whereby the #atter is a sa#es representative for E.*. i##arosa Company. 5he said ho"sing #oan was iss"ed to shari #a"ya b"t not #ong after+ #a"ya insist that the #oan sho"#d be cance##ed beca"se his signat"re and consent was a##eged#y obtained fra"d"#ent#y. F"e#ed by his anger+ he gave #ibe#o"s and ma#icio"s remar,s to #awi which forced her to $#e charges against #a"ya who is a p"b#ic o-cia# as a member of the %hari?a co"rts. 'ss"es: 4hether or not #a"ya vio#ated the Code of cond"ct and Ethica# %tandards for P"b#ic O-cia#s. 4hether or not #a"ya being a member of the %hari?a bar can "se the tit#e ;ttorney= R"#ing: 4ith regards to the First iss"e: 8es+ 8es+ shari #a"ya #a"ya vio#ated the the Code of Cond"ct Cond"ct partic"#ar#y partic"#ar#y %ection J ;p"b#ic ;p"b#ic o-cia#s and emp#oyees sho"#d+ at a## times respect the rights of others+ and refrain from doing acts contrary to #aw+ p"b#ic order+ p"b#ic safety and p"b#ic interest= s for the %econd iss"e: 0o+ the tit#e of ttorney is reserved on#y to those who have been admitted as members of the 'ntegrated *ar. Co"rt has a#ready had an occasion to dec#are that persons who pass the %hari?a *ar are not f"##)Kedged members of the Phi#ippine *ar and may practice #aw on#y before %hari?a co"rts.
C"i vs. C"i Facts: 5his case is abo"t a s"ccessiona# s"ccessiona# disp"te disp"te between ose Ma. C"i and and his brother brother ntonio. *oth c#aim the as administrator to the >ospicio de *ari#i+ a charitab#e instit"tion. ose Ma. C"i invo,es that he sho"#d be preferred beca"se he is o#der than ntonio as stated in %ection A of ct 0o. @A@1. >owever+ the deed of donation re!"ires a tit"#o de abogado to be the administrator of the property. 'ss"e: 4hether or not ose is entit#ed to be the administrator. R"#ing: 0o. 5he term ;tit"#o de abogado= means not mere possession of the academic degree of *ache#or of Laws b"t membership in the *ar after d"e admission thereto+ !"a#ifying one for the practice of #aw. ose Ma. C"i is on#y a grad"ate of #aw and he did not pass the bar. On the other hand+ ntonio C"i is a member of the Phi#ippine bar by passing the eaminations. eaminations.