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Victorio D. Lanuevo, a bar examiner, was disbarred for improperly changing exam grades of a bar applicant. Lanuevo approached examiners and convinced them to change grades so that the applicant would pass. Original grades were improperly increased by 10-15 percentage points.
The Court of Appeals found it had jurisdiction to review decisions of the Board of Investments (BOI) based on rules governing appeals from quasi-judicial agencies. However, the Omnibus Investments Code specifies the Supreme Court has exclusive appellate jurisdiction over BOI decisions.
Section 2 of the "Bar Flunkers Act" was ruled unconstitutional. The title referred only to passing marks from 1946-1955 but Section 2
Victorio D. Lanuevo, a bar examiner, was disbarred for improperly changing exam grades of a bar applicant. Lanuevo approached examiners and convinced them to change grades so that the applicant would pass. Original grades were improperly increased by 10-15 percentage points.
The Court of Appeals found it had jurisdiction to review decisions of the Board of Investments (BOI) based on rules governing appeals from quasi-judicial agencies. However, the Omnibus Investments Code specifies the Supreme Court has exclusive appellate jurisdiction over BOI decisions.
Section 2 of the "Bar Flunkers Act" was ruled unconstitutional. The title referred only to passing marks from 1946-1955 but Section 2
Victorio D. Lanuevo, a bar examiner, was disbarred for improperly changing exam grades of a bar applicant. Lanuevo approached examiners and convinced them to change grades so that the applicant would pass. Original grades were improperly increased by 10-15 percentage points.
The Court of Appeals found it had jurisdiction to review decisions of the Board of Investments (BOI) based on rules governing appeals from quasi-judicial agencies. However, the Omnibus Investments Code specifies the Supreme Court has exclusive appellate jurisdiction over BOI decisions.
Section 2 of the "Bar Flunkers Act" was ruled unconstitutional. The title referred only to passing marks from 1946-1955 but Section 2
In re Victoriano D. This is an administrative proceeding against Victorio D. Whether or not Victorio D. Respondent Victorio D. Lanuevo is hereby disbarred and his Lanuevo Lanuevo, a bar confidant, for disbarment Lanuevo must be name ordered stricken from the roll of attorneys. ‐ Patrick disbarred? The court started the investigation when they received a It should be stressed that once the bar examiner has confidential letter from Oscar Landicho, a bar applicant, submitted the corrected notebooks to the Bar confidant, the claiming that the grade in one examination of at least same cannot be withdrawn for any purpose whatsoever one bar candidate was changed before the bar results without prior authority from court. were released.
One evening, Lanuevo approached the civil law examiner while correcting examination booklets claiming that as a bar confidant, he reviews all the grades of the examinees and if he finds out that a candidate obtains an extraordinary high grade in one subject and rather a low one on another, he will bring back to the examiner concerned the notebook for re‐evaluation and change of grade.
More than a month later, Lanuevo brought the different exam booklets of bar candidate Ramon E. Galang to the different examiners for re‐evaluation.. Ramon E. Galang have failed all the bar subjects except legal ethics.
In general, Lanuevo has convinced each examiner that the candidate failed in their corresponding subject alone and have claimed that if they pass the candidate in their subject, the bar candidate will pass the bar.
Original grades to re‐evaluated grades: Remedial Law 63.25% ‐ 74.5% Political Law and Public International Law 68%‐75% Civil Law 64%‐75% Criminal Law 64%‐75% Mercantile Law 61%‐71%
First Lepanto On December 10, 1992 in BOI (Board of Investments) Whether or not the Yes, clearly evident in the aforequoted provision of B.P 129 is Ceramics v. CA Case No. 92‐005 the petition of First Lepanto Ceramics, respondent court has the laudable objective of providing a uniform procedure of ‐ Renz Inc. to change the scope of its registered product from jurisdiction over the appeal from decisions of all quasi‐judicial agencies. Pursuant “glazed floor tiles” to “ceramic tiles” by amending its decision of BOI. to its Constitutional power under Section 5(5), Article VIII of BOI certificate of registration was granted. Mariwasa, the 1987 Constitution to promulgate rules concerning one of the oppositors, filed a petition for review with pleading, practice, and procedure in all courts, and by way of the respondent CA pursuant to circular 1‐91. implementation of B.P 129, issued Circular 1‐91 prescribing the rules governing appeals to the CA from final orders or After requiring both the petitioner and BOI to comment decisions of the CTA and quasi‐judicial agencies to eliminate on Mariwasa’s petition, respondent court issued a unnecessary contradictions and confusing rules. temporary restraining order to restrain BOI to implement its decision.
Petitioner filed a “Motion to Dismiss Petition and to Lift Restraining Order” on the ground that respondent court has no appellate jurisdiction over BOI Case No. 92‐005, the same being exclusively vested in the Supreme Court pursuant to Article 82 of the Omnibus Investments Code of 1987. This was denied by the respondent court.
Hence, this petition for certiorari to set aside a decision of the Court of Appeals. petitioner argues that the Judiciary Reorganization Act of 1980 or Batas Pambansa Bilang 129 and Circular 1‐91 (vests appellate jurisdiction over all final judgements, decisions, resolutions, orders, or awards of quasi‐judicial agencies on the Court of Appeals), cannot be a basis of Mariwasa’s appeal to respondent court because the procedure for appeal laid down therein runs contrary to Article 82 of E.O 226, which provides that appeals from decisions or orders of the BOI shall be filed with the SC.
In re Cunanan Congress passed RA972 also known as “Bar Flunkers Whether or not RA972 is Sec. 2 was declared unconstitutional due to the fatal defect ‐ Mikko Act” in 1952. The tit;e of the law was “An Act to Fix the constitutional. of not being embraced in the title of the Act. As per the title, Passing Marks for Bar Examinations from 1946 up to and the Act should affect only the bar flunkers of 1946‐1955 Bar including 1955.” RA972 has for its object, according to exams. Sec. 2 establishes a permanent system for an its author, to admit to the Bar those candidates who indefinite time. It was also struck down for allowing partial suffered from insufficiency of reading materials and passing, thus failing to take account of the fact that laws and inadequate preparations. By and large, the law is jurisprudence are not stationary. contrary to public interest since it qualifies 1,094 law graduates who had inadequate preparation for the As to Sec. 1, the portion for 1946‐1951 was declared practice of law profession, as evidenced by their failure unconstitutional, while that of 1953‐1955 was declared in the exams. constitutional. That portion that was struck down was based Section 1 provided the following passing marks: on the following reasons: 1946‐1951 ‐‐‐‐‐‐‐‐70% 1. The law itself admits that the candidates for 1952‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐71% admission who flunked the bar from 1946 to 1952 had 1953‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐72% inadequate preparation due to the fact that this was very 1954‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐73% close to the end of World War II; 1955‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐74% 2. The law is, in effect, a judgment revoking the resolution of the court on the petitions of the said Provided however, that the examinee shall have no candidates; grade lower than 50%. 3. The law is an encroachment on the Court’s primary prerogative to determine who may be admitted to practice Section 2 provided that “A bar candidate who obtained of law and, therefore, in excess of legislative power to repeal, a grade of 75% in any subject shall be deemed to have alter and supplement the Rules of Court. The rules laid down already passed that subject and the grade/grades shall by Congress under this power are only minimum norms, not be included in the computation of the general average designed to substitute the judgment of the court on who can in subsequent bar examinations.” practice law; and 4. The pretended classification is arbitrary and amounts to class legislation. Kuroda v. Jalandoni ‐ Jay Petitioner: Shigenori Kuroda ( formerly a Whether or not the No, it was not violative of our nation sovereignty. The Lieutenant‐General of the Japanese Imperial Army and appointment of the two Military Commission is a special military tribunal governed by Commanding General of the Japanese Imperial Forces in American attorneys was a special law and not by the Rules of court which govern The Philippines during a period covering 19433 and violative. ordinary civil court (which was what the petitioner was 19444.) assailing.)
Respondent: Major General Rafael Jalandoni (Military Executive Order No. 68 provides for the organization of such Commission head), Melville S. Hussey and Robert Port military commission which is a valid and constitutional law. (two American attorneys) There is nothing in said executive order which requires that counsel appearing before said commission must be Shigenori Kuroda was charged before the Military attorneys qualified to practice law in the Philippines in Commission, headed by Major General Rafael accordance with the Rules of Court . In fact it is common in Jalandoni , due to the atrocities that were done against military tribunals that counsel for the parties are usually non combatant civilians and prisoners during the war. military personnel who are neither attorneys nor even This includes having unlawfully disregarded and failed possessed of legal training. "to discharge his duties as such command, permitting them to commit brutal atrocities and other high crimes For all the foregoing the petition is denied with costs de against noncombatant civilians and prisoners of the oficio. Imperial Japanese Forces in violation of the laws and customs of war".
First. ‐ P etitioner assails the constitutionality of Executive Order No. 68 on the ground that it violates not only the provision of our constitutional law but also [our] local laws to say nothing of the fact (that) the Philippines is not a signatory nor an adherent to the Hague Convention on Rules and Regulations covering Land Warfare and therefore petitioners is charged of 'crimes' not based on law, national and international."
*Second. — Petitioner challenges the participation of two American attorneys namely Melville S. Hussey and Robert Port in the prosecution of his case on the ground that said attorneys’ are not qualified to practice law in Philippines in accordance with our Rules of court and the appointment of said attorneys as prosecutors is violative of our national sovereignty.
Thus, the petition to prohibit the respondents. Omico Mining and Respondent Alfredo Catolico is a judge of the Court of Does the contract of The Supreme Court ruled both on the negative. The contract Industrial Corp. v. First Instance of Cavite and stockholder of the professional services of professional services entered into between private Vallejos corporation holding 30 certificates of stocks which was entered into between the respondent and the petitioners, while the former was still a ‐ Ate Heart issued to him on August 1969. The petitioner respondent Judge Catolico judge of the Court of First Instance, constituted private practice of law and in contravention of the express provision corporation, through its co‐defendant Frederick G. and petitioner was valid? of Section 35 of Rule 138 of the Revised Rules of Court. Webber, pleaded with him that ten (10) certificates of Can the incumbent stocks, be allowed to remain with them under their member of the bench Sec 35. Rule 138: No Judge or other official or employee of responsibility, jointly and severally, for the specific exercise practice of law in the superior courts or of the Office of the Solicitor General, purpose of using said certificates as part collateral for a his private capacity? shall engage in private practice as a member of the bar or loan in the amount of P10,000,000.00, the defendants give professional advice to clients. were then negotiating with the Development Bank of The aforecited Rule was promulgated by this Court, the Philippines, and that both petitioners, jointly and pursuant to its constitutional power to regulate the practice of law. It is based on sound reasons of public policy, for there severally, promised to return said certificates of stock is no question that the rights, duties, privileges and functions upon the approval or disapproval of the loan of the office of an attorney‐at‐law are so inherently application; that when disapproval of said loan incompatible with the high official functions, duties, powers, application appeared imminent, the petitioners again discretions and privileges of a judge of the Court of First pleaded with him for the retention of the same ten (10) Instance. This inhibitory rule makes it obligatory upon the certificates of stock because they were negotiating for judicial officers concerned to give their full time and the purchase of the Bunning and Company of attention to their judicial duties, prevent them from Tuguegarao for P2,000,000,00, and that they needed extending special favors to their own private interests and assure the public of their impartiality in the performance of said certificates as part collateral for the transaction; their functions. These objectives are dictated by a sense of that when those two transactions failed he demanded moral decency and the desire to promote the public interest. several times for the return of ten (10) certificates Private respondent should have known or ought to know, aforementioned so that he could use them, but said that when he was elevated to the Bench of the Court of First demands were of no avail, hence the respondent is Instance as a judge thereof, his right to practice law as an forced to file the complaint seeking the return to him of attorney was suspended and continued to be suspended as said ten (10) certificates of stocks. Respondent after long as he occupied the judicial position. reproducing the pertinent averments in the first cause It is evident, therefore, that the aforesaid contract is void of action further alleged that on October 13, 1968, both because a contract, whose cause, object or purpose is the petitioners entered into a contract of personal and contrary to law, morals, good customs, public order or public professional services with him under the terms of policy, is considered inexistent and void from the beginning.
which he was to head defendant corporation's legal department with the condition that he should render such services only after his office hours, "even into the dead wee hours of the night and wherever such services would not run in conflict with his duties as Judge"; that in consideration of such services, the defendants undertook to pay him a yearly salary of P35,000.00 from the date of the contract. On the other hand, the corporation had a case on which they won and because of that Catolico shall be paid by way of commission ten percent (10%) of the amount involved in the litigation that, pursuant to said contract, he has rendered legal services as head of the legal department of Omico Mining and has attended to the personal consultation of petitioner Frederick G. Webber until the filing of the complaint, when, by reason thereof, their official relations were severed. And that the petitioner should render the corresponding accounting of his unpaid commission and salaries, taking into consideration the partial payments and advances given to him as salary; that a more detailed specification of the services rendered by him in favor of the petitioner were made in a letter to the latter, mailed on May 28, 1973 from his official residence in Cavite City; that the petitioners refused and failed to render such accounting and to pay his emoluments, in spite of his repeated demands to that effect.
People v. Simplicio Villanueva was charged with the 1. Whether or not City 1. Fule is NOT engaged in private practice of law. Section 32 Villanueva crime of Malicious Mischief. During the trial of the case Attorney Fule by appearing of Rule 127 (now Sec. 35, Rule 138, Revised Rules), provides ‐ Pazzi against Villanueva, the private complainant who filed in the case at bar may be that "no judge or other official or employee of the superior the case against Villanueva was represented by City considered as being courts or of the office of the Solicitor General, shall engage in Attorney Ariston Fule of San Pablo City, who entered his engaged in the practice of private practice as a member of the bar or give professional appearance as private prosecutor, after securing the law. NO. advice to clients." The isolated appearance of City Attorney permission of the Secretary of Justice. The condition of Fule as a private prosecutor in the case was not private City Attorney Fule’s appearance was that each time he practice, because “practice” refers to more than one isolated would appear at the trial of the case, he would be 2. Whether or not Fule may appearance and refers to a series of repeated and frequent considered on official leave of absence, and that he appear and defend the acts. The word “private practice of law” implies that one would not receive any payment for his services. private complainant. YES. must have presented himself to be in the active and continued practice of the legal profession and that his Villanueva’s lawyer questioned the appearance professional services are available to the public for a of City Attorney Fule as private prosecutor, invoking the compensation, as a source of his livelihood or in case of Aquino, et al. vs. Blanco, et al. , wherein it was consideration of his said services. Thus, the appearance as ruled that "when an attorney had been appointed to the counsel on one occasion is not engagement in the private position of Assistant Provincial Fiscal or City Fiscal and practice of law. therein qualified, by operation of law, he ceased to engage in private law practice," and thus, allowing Atty. 2. Additionally, City Attorney Fule secured the permission of Fule to appear for the complainant was a violation of his immediate superior, the Secretary of Justice, to represent the said ruling. the complainant in the case at bar, who is Fule’s relative. Thus, Fule is allowed to represent the complainant and act as The trial court sustained the legality of City Attorney private prosecutor in the case. Fule’s appearance. Not satisfied with the trial court’s order, Villanueva’s counsel filed a "Motion to Inhibit Fiscal Fule from Acting as Private Prosecutor in this Case," this time invoking Section 32, Rule 27, now Sec. 35, Rule 138, Revised Rules of Court, which bars certain attorneys from practicing. Counsel claims that City Attorney Fule falls under this limitation. But the trial court still allowed Fule to appear, saying that Fule was not actually engaged in private law practice. Dia‐Anonuevo v. Bercacio The respondent is the incumbent municipal judge of Whether or not the The practice of law is not limited to the conduct of cases in ‐ Abe Tabaco, Albay faced with an administrative complaint respondent engaged in the court or participation in court proceedings but also includes for conduct unbecoming of a judge on two counts, one practice of law which is preparation of pleadings or papers in anticipation of a of which is for engaging in the practice of law . prohibited among public litigation, giving of legal advice to clients or persons needing officials. the same, etc. The complainant in this case is the owner of a certain parcel of land in Sto. Domingo, Albay. Said parcel of land The respondent judge violated Section 77 of the Judiciary Act was the object of a Deed of Sale executed between of 1948 implemented by Circular No. 37 of the Secretary of vendors Maximo Balibado, Justo Balibado, and Petrona Justice which states: “xxx no municipal judge shall xxx engage Balibado de Barrios and vendee Alfredo Ong. The said in private practice as a member of the bar or give Deed of Sale was acknowledged before the respondent professional advice to clients xxx.” as ex‐officio notary public. Further, the acts of the respondent judge manifested his The complainant informed the respondent judge that interest in the civil case of the complainant since he (1) gave the vendors only owned one‐third of the property while legal advice on the remedy available to the complainant as she and her other cousins owned two‐thirds of the regards the redemption of the property, (2) he accepted the same. Thereafter, respondent Judge advised the deposit to be used to pay the vendee Ong for the complainant to redeem or repurchase the property redemption of the property, (3) he wrote for and in behalf of from the vendee Ong . Complainant requested the the complainant to the vendee offering the redemption of respondent judge to mediate in their behalf with the the property, (4) he caused the filing of the complaint vendee for the redemption of the property. evidenced by a receipt for docket fees and legal research Complainant then gave respondent judge the amount of fees, (5) and that he was present at the pre‐trial of the civil P3,500.00, to which a corresponding receipt was issued, case. to be used to pay the vendee. These acts of the respondent fall within the prohibition. As Respondent sent a letter to the vendee but no answer such, the respondent was suspended for a period of six (6) was received from the latter. A complaint (docketed as months. Civil Case No. 4591) was later on filed and the same was prepared by "Eligio R. Berango & B.B. Bercacio & Ass." as counsel for the plaintiffs, with Eligio R. Berango signing the complaint.
De Guzman v. Visayan Rapid Transit Co. and Negros Transportation How to determine the Visayan Rapid Co., Inc. (respondents) are operating automobile lines in reasonable compensation In determining the compensation of an attorney Transit the Province of Occidental Negros, in which private due to petitioner De ‐ KP respondent Nicolas Concepcion is the general manager Guzman for his legal Section 29 of the Code of Civil Procedure provides that "a and controlling stockholder. The respondents have services lawyer shall be entitled to have and recover from his client no engaged the professional services of petitioner more than a reasonable compensation for the services Alejandro De Guzman, a law practitioner in the City of rendered, with a view to the importance of the subject matter Manila. The employment was for the purpose of of the controversy, to the extent of the services rendered, and obtaining the reduction and refund of toll rates on the professional standing of the lawyer . . .." various bridges. The transportation companies had paid P89,816.70 as toll charges, representing one seventh of The following are the circumstances to be considered in their gross income, detrimental to the business. determining the compensation of an attorney: the amount and character of the services rendered; the labor, time, and Petitioner took the following steps: trouble involved; the nature and importance of the litigation 1) Filed a petition with the Secretary of Public Works or business in which the services were rendered; the and Communication, asking that two bridges be responsibility imposed; the amount of money or the value of declared free. the property affected by the controversy, or involved in the 2) When the first petition appeared to be futile, he employment, the skill and experience called for in the filed another petition with the Secretary of Public Works performance of the services; the professional character and and Communication, asking for the reduction of toll social standing of the attorney; the results secured; and charges over the 11 bridges. Nicolas Concepcion asked whether or not the fee is absolute or contingent, it being a for at least 50% reduction on all toll bridges. recognized rule that an attorney may properly charge a much a larger fee when it is to be contingent that when it is not. The Insular saw justice to the petition and asked the The financial ability of the defendant may also be considered Provincial Board of Occidental Negros to act favorably. not to enhance the amount above a reasonable The Provincial board declined. However, the Secretary compensation, but to determine whether or not he is able to of Public Works and Communication warned that if the pay a fair and just compensation for the services rendered, toll rates are not revised, they will withdraw the or as an incident in ascertaining the importance and gravity approval of the existing toll rates. The Provincial Board, of the interests involved in the litigation. thereafter, approved a Resolution to reduce the toll rates, and refund P50,000 to respondents. The company The importance, merits and value of professional services of was benefited with the reduced tolls. a lawyer are measured not alone by his work taken separately, but by his work taken as a whole. The time There were no agreement as to how much is De employed is not itself an appropriate basis for fixing the Guzman’s compensation. In the Trial Court, he asked for compensation. P20,000 but was granted P10,000. In the CA, it was reduced to P3,500. Hence, the appeal. The services of the petitioner in this case were not limited to the preparation and filing with the authorities concerned of the petitions and other papers submitted in evidence, for he appears to have had various conferences with the Secretary of Public Works and Communications, the Secretary of the Interior, the Secretary of Labor and the Insular Auditor, and had otherwise taken steps to secure the objectives of his clients.
Who may fix the compensation of an attorney Whether there is an agreement or not, the courts can fix a reasonable compensation which lawyers should receive for their professional services.
The courts fixed De Guzman’s compensation to P7,000.
Cayetano v. Resident Christian Monsod was being nominated by W/N the confirmation Yes. According to Sec 1 (1) , Article IX‐C of the 19877 Monsod Pres. Corazon Aquino to the position of Chairman of the made by the Commission Constitution: ‐ Quini COMELEC. Petitioner opposed such nomination and on Appointment for Atty. “There shall be a Commision on Elections composed of a alleging that Monsod does not posses the required Christian Monsod is valid? Chairman and six Commissioners who shall be natural‐born qualification of having been engaged in the practice of citizens of the Philippines and, at the time of their law for at least ten years. appointment, at least thirty‐five years of age, holders of a college degree, and must not have been candidates for any On June 5, 1991, the CoA confirmed the nomination of elective position in the immediately preceding ‐elections. Atty. Monsod and took his oath of office on June 18, However, a majority thereof, including the Chairman, shall be 1991. members of the Philippine Bar who have been engaged in the practice of law for at least ten years.” The petitioner then filed an instant petition for certiorari and prohibition praying that the said confirmation made Practice of law as defined by Black is the rendition of service by the CoA be declared null and void. requiring the knowledge and the application of legal principles and technique to serve the interest of another Atty. Christian Monsod is a member of the Philippine with his consent. it is not limited to appearing in court, or Bar, having passed the bar examinations of 1960. He has advising and assisting in the conduct of litigation, but been paying the member dues in the IBP since its embraces the preparation of pleadings, and other papers inception. He has been paying his professional license incident to actions and special proceedings, conveyancing, fees as lawyer for more than 10 years. 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. An Attorney engages in the practice in the practice of law by maintaining an office where he is held out to be an attorney, using a letterhead describing himself as an attorney, counseling clients in legal matters, negotiating with opposing counsel about pending litigation, and fixing and collecting fees for services rendered by his associate.
In the case at bar, Atty. Monsod engages in various legal practices and his past work experiences as a lawyer‐economist, a lawyer‐manager, a lawyer entrepreneur of industry, a lawyer‐negotiator of contracts, and a lawyer‐legislator of both the rich and the poor ‐ verily more than satisfy the constitutional requirement that he has been engaged in the practice of law for at least 10 years.
Hence, the nomination of Atty. Christian Monsod by President Corazon Aquino and the confirmation made by the CoA is valid and that Atty. Christian Monsod possess the necessary qualification under such position. In re Edilion The Integrated Bar of the Philippines (IBP) unanimously Whether or not the YES. The Bar Integration does not compel the lawyer to ‐ Monica adopted Resolution No. 75‐65 in Administrative Case adoption of the resolution associate with anyone. He is free to attend or not attend the No. MDD‐1: In the matter of the Membership Dues in administrative case to meetings of his Integrated Bar Chapter or vote or refuse to Delinquency of Atty. Marcial A. Edillon(a duly licensed address the membership vote in its elections as he chooses. The only compulsion to practicing attorney in the Philippines). This resolution dues delinquency of Atty. which he is subjected is the payment of annual dues. The recommended the removal of the name of the Marcial A. Edillon proper. Supreme Court, in order to further the State’s legitimate respondent from its Roll of Attorneys for “stubborn interest in elevating the quality of professional legal services, refusal to pay his membership dues” to the IBP assailing may require that the cost of improving the profession in this the provisions of the Rule of the Court 139‐A and the fashion be shared by the subjects and beneficiaries of the provisions of Par. 2, Section 24, Article III, of the IBP regulatory program – the lawyers. Therefore, the Court see Laws pertaining to the organization of IBP, payment of nothing in the Constitution that prohibits them to membership fee and suspension for failure to pay the promulgate rules concerning the admission and to the same. practice of law and the integration of the Philippine Bar from requiring members of a privileged class, such as lawyers, to On January 21, 1976, President Liliano B. Neri of the IBP pay for reasonable fee toward defraying the expenses of submitted the said resolution to the Court for regulation of the profession to which they belong. Moreover, Consideration and approval. it is emphasized that the practice of law is not a property right but a mere privilege, and as much must bow to the Edillon in his objection contended that: inherent regulatory power of the Court to exact compliance 1) The court is without power to compel with the lawyer’s public responsibilities. Lastly, the Court’s him to become a member of the IBP, hence, Section 1 of jurisdiction was greatly reinforced by 1973 Constitution the Court Rule is unconstitutional for it impinges on his (Article X Sec. 5(5) ) which is the power to pass upon the constitutional right of freedom to associate (not to fitness of the respondent to remain a member of the legal associate). profession is indeed undoubtedly vested in the Court.
2) That the provision of the Court Rule requiring Wherefore, provisions of Rule of Court 139‐A and of the payment of a membership fee is void. By‐Laws of the Integrated Bar of the Philippines are neither 3) That the enforcement of the penalty provisions unconstitutional nor illegal. Hence, it is the unanimous sense would amount to a deprivation of property without due of the Court that the respondent Marcial A. Edillon should be process and infringes on one of his constitutional rights. hereby disbarred, and his name is hereby ordered stricken 4) In regards to the power of the Supreme Court from the Roll of Attorneys of the Court. to strike the name of the lawyer from its Roll of Attorneys, it is sufficient to state that the matters of admission, suspension, disbarment and reinstatement of lawyers and their regulation and supervision have been and are indisputably recognized as inherent judicial functions and responsibilities and the authorities holding such are legion.
G.R. No. 191202, November 21, 2018 Rizal Commercial Banking Corporation, Petitioner, V. F. Franco Transport, Inc., Represented by Its President, Ma. Liza Franco-Cruz, Respondent