Cayetano v.

Monsod ISSUE:

G.R. No. 100113 | September 3, 1991 Whether or not the respondent posseses the required qualification
of having engaged in the practice of law for at least ten years.

FACTS: HELD:

Respondent Christian Monsod was nominated by President Corazon The Supreme Court ruled that Atty. Monsod possessed the required
C. Aquino to the position of Chairman of the COMELEC in a letter qualification. In the case of Philippine Lawyers Association vs.
received by the Secretariat of the Commission on Appointments on Agrava: The practice of law is not limited to the conduct of cases or
April 25, 1991. Petitioner Renato Cayetano opposed the nomination litigation in court. In general, all advice to clients, and all action
because allegedly Monsod does not possess the required taken for them in matters connected with the law incorporation
qualification of having been engaged in the practice of law for at services, assessment and condemnation services, contemplating an
least ten years. Atty. Monsod has worked as a lawyer in the law appearance before judicial body, the foreclosure of mortgage,
office of his father (1960-1963); an operations officer with the enforcement of a creditor’s claim in bankruptcy and insolvency
World Bank Group (1963-1970); Chief Executive Officer of an proceedings, and conducting proceedings in attachment, and in
investment bank (1970-1986); legal or economic consultant on matters of estate and guardianship have been held to constitute law
various companies (1986); Secretary General of NAMFREL (1986); practice.  In general, a practice of law requires a lawyer
member of Constitutional Commission (1986-1987); National and client relationship, it is whether in or out of court. As
Chairman of NAMFREL (1987); and member of the quasi-judicial
such, the petition is dismissed.
Davide Commission (1990).

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
Practice of law means any activity, in or out of court, which
as Chairman of the COMELEC.Challenging the validity of the
requires the application of law, legal procedures, knowledge,
confirmation by the Commission on Appointments of Monsod’s
training and experience. To engage in the practice of law is to
nomination, petitioner as a citizen and taxpayer, filed the instant
perform those acts which are characteristic of the profession.
petition for certiorari and prohibition praying that said confirmation
Generally, to practice law is to give advice or render any kind of
and the consequent appointment of Monsod as Chairman of the
service that involves legal knowledge or skill.  (Also Mentioned in
Commission on Elections be declared null and void.
Ulep vs Legal Inc.)
ULEP V LEGAL INC. The use of the name "The Legal Clinic, Inc." gives the impression
that respondent corporation is being operated by lawyers and that
Facts:
it renders legal services.
It is the submission of petitioner that the advertisements... are
Such a name, it is respectfully submitted connotes the rendering...
champertous, unethical, demeaning of the law profession, and
of legal services for legal problems, just like a medical clinic
destructive of the confidence of the community in the integrity of
connotes medical services for medical problems.
the... members of the bar and that, as a member of the legal
profession, he is ashamed and offended by the said advertisements, In addition, the advertisements in question appear with a picture
hence the reliefs sought in his petition as hereinbefore quoted. and name of a person being represented as a lawyer from Guam... it
becomes... unnecessary to make a distinction between "legal
In its answer to the petition, respondent admits the fact of
services" and "legal support services," as the respondent would
publication of said advertisements at its instance, but claims that it
have it. The advertisements in question leave no room for doubt in
is not engaged in the practice of law but in the rendering of "legal
the minds of the reading public that legal services are being offered
support services" through... paralegals with the use of modern
by lawyers, whether true or... not.
computers and electronic machines.
By simply reading the questioned advertisements, it is obvious that
Respondent further argues that assuming that the services
the message being conveyed is that Filipinos can avoid the legal
advertised are legal services, the act of advertising these services
consequences of a marriage celebrated in accordance with our law,
should be allowed supposedly in the light of the case of John R.
by simply going... to Guam for a divorce.
Bates and Van
In addition, it may also be relevant to point out that advertisements
O'Steen vs. State Bar of Arizona.
such as that shown in Annex "A" of the Petition, which contains a
Notwithstanding the subtle manner by which respondent cartoon of a motor vehicle with the words "Just Married" on its
endeavored to distinguish the two terms, i.e., "legal support bumper and seems to address... those planning a "secret marriage,"
services" vis-a-vis "legal services", common sense would readily if not suggesting a "secret marriage," makes light of the "special
dictate that the same are... essentially without substantial contract of permanent union," the inviolable social institution,"
distinction. which is how the Family Code describes marriage, obviously to
emphasize its sanctity and inviolability. Worse,... this particular
The IBP accordingly declares in no uncertain terms its opposition to advertisement appears to encourage marriages celebrated in
respondent's act of establishing a "legal clinic" and of concomitantly secrecy, which is suggestive of immoral publication of applications
advertising the same through newspaper publications. for a marriage license.
Annex "A" of the petition is not only illegal in that it is an In providing information,... for example, about foreign laws on
advertisement to solicit cases, but it is illegal in that in bold letters it marriage, divorce and adoption, it strains the credulity of this Court
announces that the Legal Clinic, Inc., could work out/cause the that all that respondent corporation will simply do is look for the
celebration of a secret... marriage-which is not only illegal but law, furnish a copy thereof to the client, and stop there as if it were
immoral in this country. merely a bookstore

Atty. Nogales set up The Legal Clinic in 1984. Inspired by the trend in With its... attorneys and so called paralegals, it will necessarily have
the medical field toward specialization, it caters to clients who to explain to the client the intricacies of the law and advise him or
cannot afford the services of the big law firms. her on the proper course of action to be taken as may be provided
for by said law. That is what its advertisements represent and for
Issues:
which services... it will consequently charge and be paid. That
whether or not the services offered by respondent, The Legal Clinic, activity falls squarely within the jurisprudential definition of
Inc., as advertised by it constitutes practice of law and, in either "practice of law."
case, whether the same can... properly be the subject of the
We have to necessarily and definitely reject respondent's position
advertisements herein complained of
that the concept in the United States of paralegals as an occupation
Ruling: separate from the law profession be adopted in this jurisdiction.

Practice of law means any activity, in or out of court, which requires Paralegals in the United States are trained professionals. As
the application of law, legal procedures, knowledge, training and admitted by respondent, there are schools and universities there
experience. which offer studies and degrees in paralegal education, while there
are none in the
The practice of law is not limited to the conduct of cases in court. It
includes legal advice and counsel, and the preparation of legal Philippines.
instruments and contracts by which legal rights are secured,
Anent the issue on the validity of the questioned advertisements,
although such matter may or may... not be pending in a court.
the Code of Professional Responsibility provides that a lawyer in
we agree with the perceptive findings and observations of the... making known his legal services shall use only true, honest, fair,
aforestated bar associations that the activities of respondent, as dignified and objective... information or statement of facts.
advertised, constitute "practice of law."
A lawyer cannot, without violating the ethics of his profession,
What is palpably clear is that respondent corporation gives out legal advertise his talents or skills as in a manner similar to a merchant...
information to laymen and lawyers. advertising his goods.
the canons of the profession tell us that the best advertising In Re Argosino, Bar Matter No. 712, July 13, 1995
possible for a lawyer is a well-merited reputation for professional
Note:
capacity and fidelity to trust, which must be earned as the outcome
of character and... conduct. Raul Camaligan (Dead, Hazing- Republic Act No. 8049)
Atty. Rogelio P. Good moral character is not only a condition
Nogales... he is hereby reprimanded, with a warning that a precedent to admission to the practice of law; its continued
repetition of the same or similar acts which are involved in this
possession is also essential for remaining in the practice of
proceeding will be dealt with... more severely.
law. (Leda vs. Tabang, 206 SCRA 395 [1992])
FACTS:
==Important note in this case

No marriage shall be valid, unless these essential requisites are On February 4, 1992 ,Argosino, together with 13 others, was
charged with the crime of homicide in connection with the death of
present:
one Raul Camaligan. The death of Camaligan stemmed from the
Legal Capacity of the contracting parties who must be male and affliction of severe physical injuries uponhim in course of "hazing"
female; and conducted as part of the university fraternity initiation rites. On
February 11, 1993, the accused were consequently sentenced to
Consent freely given in the presence of the solemnizing officer. suffer imprisonment for a period ranging from two (2) years, four (4)
months and one (1) day to four (4) years.Eleven (11) days later, Mr.
Argosino and his colleagues filed an application for probation with
the lower court. The application was granted on June 18 1993. The
period of probation was set at two (2) years, counted from the
probationer's initial report to the probation officer assigned to
supervise him. Less than a month later, Argosino filed a petition to
take the bar exam. He was allowed and he passed the exam, but
was not allowed to take the lawyer's oath of office.On April 15,
1994, Argosino filed  a petition to allow him to take the attorney's
oath and be admitted to the practice of law. He averred that his
probation period had been terminated. It is noted that his probation
period did not last for more than 10 months.

ISSUE:
 meetings of his Integrated Bar Chapter or vote or refuse to vote in
Whether Argosino should be allowed to take the oath of attorney its elections as he chooses. The only compulsion to which he is
and be admitted to the practice of law subjected is the payment of annual dues.

HELD:  Practice of law is not property right but mere privilege.(P

568)
Mr. Argosino must submit to this Court evidence that he may now
be regarded as complying with the requirement of good moral Facts: 
character imposed upon those who are seeking admission to the This is an administrative case against Edillon who refuses to pay his
bar. He should show to the Court how he has tried to make up for IBP membership dues assailing the provisions of the Rule of Court
the senseless killing of a helpless student to the family of the
139-A and the provisions of par. 2, Section 24, Article III, of the
deceased student and to the community at large. In short, he
IBP By-Laws pertaining to the organization of IBP, payment of
mustshow evidence that he is a different person now, that he has
membership fee and suspension for failure to pay the same. He
become morally fitfor admission to the profession of law.
He is already directed to inform the Court, by appropriate written contends that the stated provisions constitute an invasion of his
manifestation, of the names of the parents or brothers and sisters constitutional rights of being compelled to be a member of the IBP
of Camaligan from notice. in order to practice his profession and thus deprives his rights to
liberty and property and thereby null and void.

g. In Re Atty. Marcial Edillon, 84 SCRA 554

Issue:
Note:
 Whether or not it assailed provisions constitutes a deprivation of
REPUBLIC ACT No. 6397 liberty and property of the respondent.
AN ACT PROVIDING FOR THE INTEGRATION OF THE PHILIPPINE BAR,
AND APPROPRIATING FUNDS THEREFOR.

PD 181 May 4 1973 (IBP>Article 10 section 5 1973 Constitution) Held: 

 Annual Dues The court held that the IBP is a State-organized Bar as distinguished
 President Liliano B. Neri on January 21, 1976 submitted a from bar associations that are organized by individual lawyers
resolution par 2 sec. 24 Article 3 by laws of IBP themselves, membership of which is voluntary. The IBP however is
 “Bar Integration does not compel the lawyer to an official national body of which all lawyers must be a member and
associate with anyone. He is free to attend or not attend the are subjected to the rules prescribed for the governance of the Bar
which includes payment of reasonable annual fee for the purpose of continue to be in force, in conformity with section 10, article VII of
carrying out its objectives and implementation of regulations in the the Constitution.
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 FACTS:
measures to implement. The name of Edillon was stricken out from
the rolls of attorney for being a delinquent member of the bar. Congress passed Rep. Act No. 972, or what is known as the Bar
Flunkers Act, in 1952. The title of the law was, “An Act to Fix the
I. In Re Cunanan, 94 Phil. 534 Passing Marks for Bar Examinations from 1946 up to and including
1955.”
"Section 13. The Supreme Court shall have the power to promulgate
rules concerning pleading, practice, and procedure in all courts, and Section 1 provided the following passing marks:
the admission to the practice of law. Said rules shall be uniform for
all courts of the same grade and shall not diminish increase or 1946-1951………………70%
modify substantive rights. The existing laws on pleading, practice, 1952 …………………….71%
and procedure are hereby repealed as statutes, and are declared
Rules of Courts, subject to the power of the Supreme Court to alter 1953……………………..72%
and modify the same. The Congress shall have the power to repeal, 1954……………………..73%
alter, or supplement the rules concerning pleading, practice, and
procedure, and the admission to the practice of law in the 1955……………………..74%
Philippines."—Constitution of the Philippines, Art. VIII, sec. 13. In re:
Provided however, that the examinee shall have no grade lower
Cunanan, et al., 94 Phil. 534, March 18, 1954
than 50%.

Section 2 of the Act provided that “A bar candidate who obtained a

1.That (a) the portion of article 1 of Republic Act No. 972 referring grade of 75% in any subject shall be deemed to have already passed
to the examinations of 1946 to 1952, and (b) all of article 2 of said that subject and the grade/grades shall be included in the
law are unconstitutional and, therefore, void and without force and computation of the general average in subsequent bar
effect. examinations.”

2.That, for lack of unanimity in the eight Justices, that part of article ISSUE:
1 which refers to the examinations subsequent to the approval of
Whether of not, R.A. No. 972 is constitutional.
the law, that is from 1953 to 1955 inclusive, is valid and shall
RULING:
Section 2 was declared unconstitutional due to the fatal defect of Congress to alter, supplement or modify rules of admission to the
not being embraced in the title of the Act. As per its title, the Act practice of law.
should affect only the bar flunkers of 1946 to 1955 Bar
examinations.  Section2 establishes a permanent system for an
indefinite time.  It was also struck down for allowing partial passing, j. Catu v. Atty. Vicente Rellosa, AC No. 5738, February 19, 2008
thus failing to take account of the fact that laws and jurisprudence
are not stationary. Rule 6.03 - A lawyer shall not, after leaving government service,
accept engagement or employment in connection with any matter
As to Section1, the portion for 1946-1951 was declared in which he had intervened while in said service.
unconstitutional, while that for 1953 to 1955 was declared in force
and effect.  The portion that was stricken down was based under Canon 7. A judge or a judicial candidate shall refrain from political
the following reasons: activity inappropriate to judicial office.

The law itself admits that the candidates for admission who flunked CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY
the bar from 1946 to 1952 had inadequate preparation due to the THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND
fact that this was very close to the end of World War II; LEGAL PROCESSES. Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
The law is, in effect, a judgment revoking the resolution of the court
on the petitions of the said candidates; A punong barangay who is also a lawyer should obtain the prior
written permission of the Secretary of Interior and Local
The law is an encroachment on the Court’s primary prerogative to Government before he enters his appearance as counsel for any
determine who may be admitted to practice of law and, therefore, party, and his failure to comply with Section 12, Rule XVIII of the
in excess of legislative power to repeal, alter and supplement the Revised Civil Service Rules constitutes a violation of his oath as a
Rules of Court. The rules laid down by Congress under this power lawyer—to obey the laws; Lawyers are servants of the law, vires
are only minimum norms, not designed to substitute the judgment legis, men of the law.
of the court on who can practice law; and Must Secure Prior Authority From The Head Of His Department
The pretended classification is arbitrary and amounts to class
legislation.
FACTS:
As to the portion declared in force and effect, the Court could not
Complainant Wilfredo M. Catu is a co-owner of a lot and the
muster enough votes to declare it void. Moreover, the law was
building erected thereon located in Manila. His mother and brother
passed in 1952, to take effect in 1953. Hence, it will not revoke
contested the possession of Elizabeth C. Diaz-Catu and Antonio
existing Supreme Court resolutions denying admission to the bar of
Pastor of one of the units in the building. The latter ignored
an petitioner.  The same may also rationally fall within the power to
demands for them to vacate the premises. Thus, a complaint was k. PCGG v. Sandiganbayan, 455 SCRA 526
initiated against them in the Lupong Tagapamayapa of Barangay.
Genbank-Allied Bank Now
Respondent, as punong barangay, summoned the parties to
conciliation meetings. When the parties failed to arrive at an Atty. Mendoza- Lawyer of Lucio Tan Group
amicable settlement, respondent issued a certification for the filing
of the appropriate action in court.Respondent entered his
appearance as counsel for the defendants in the (subsequent Facts
ejectment) case. Complainant filed the instant administrative
In 1976 the General Bank and Trust Company (GENBANK)
complaint, claiming that respondent committed an act of
encountered financial difficulties. GENBANK had
impropriety as a lawyer and as a public officer when he stood as
extended considerable financial support to Filcapital Development
counsel for the defendants despite the fact that he presided over
Corporation causing it to incur daily overdrawings on its current
the conciliation proceedings between the litigants as punong
account with Central Bank. Despite the mega loans GENBANK failed
barangay.
to recover from its financial woes. The Central Bank issued a
ISSUE: resolution declaring GENBANK insolvent and unable
to resume business with safety to its depositors, creditors and the
Whether or not Atty. Rellosa violated the Code of Professional general public, and ordering its liquidation. A public bidding of
Responsibility. GENBANK’s assets was held where Lucio Tan group submitted the
HELD: winning bid. Solicitor General Estelito Mendoza filed a petition with
the CFI praying for the assistance and supervision of the court in
Respondent suspended for six (6) months. Respondent was found GENBANK’s liquidation as mandated by RA 265. After EDSA
guilty of professional misconduct for violating his oath as a lawyer Revolution I Pres Aquino established the PCGG to recover the
and Canons 1 and 7 and Rule 1.01 of the Code of Professional alleged ill-gotten wealth of former Pres Marcos, his family and
Responsibility. cronies. Pursuant to this mandate, the PCGG filed with the
A civil service officer or employee whose responsibilities do not Sandiganbayan a complaint for reversion, reconveyance, restitution
require his time to be fully at the disposal of the government can against respondents Lucio Tan, at.al. PCGG issued several writs of
engage in the private practice of law only with the written sequestration on properties allegedly acquired by them by taking
permission of the head of the department concerned in accordance advantage of their close relationship and influence with former
with Section 12, Rule XVIII of the Revised Civil Service Rules. Pres. Marcos. The abovementioned respondents Tan, et. al are
represented as their counsel, former Solicitor General Mendoza.
Respondent was strongly advised to look up and take to heart the PCGG filed motions to disqualify respondent Mendoza as counsel
meaning of the word delicadeza. for respondents Tan et. al. with Sandiganbayan. It was alleged that
Mendoza as then Sol Gen and counsel to Central Bank actively Mendoza as SolGen involved in the case at bar is “advising
intervened in the liquidation of GENBANK which was subsequently the Central Bank, on how to proceed with the said bank’s liquidation
acquired by respondents Tan et. al., which subsequently became and even filing the petition for its liquidation in CFI of Manila. The
Allied Banking Corporation. The motions to disqualify invoked Rule Court held that the advice given by respondent Mendoza on the
6.03 of the Code of Professional Responsibility which prohibits procedure to liquidate GENBANK is not the “matter” contemplated
former government lawyers from accepting “engagement” or by Rule 6.03 of the Code of Professional Responsibility. ABA Formal
employment in connection with any matter in which he had Opinion No. 342 is clear in stressing that “drafting, enforcing or
intervened while in the said service. The Sandiganbayan issued a interpreting government or agency procedures, regulations and
resolution denyting PCGG’s motion to disqualify respondent laws, or briefing abstract principles of law are acts which do not fall
Mendoza. It failed to prove the existence of an inconsistency within the scope of the term “matter” and cannot disqualify.
between respondent Mendoza’s former function as SolGen and his Respondent Mendoza had nothing to do with the decision of
present employment as counsel of the Lucio Tan group. PCGGs the Central Bank to liquidate GENBANK. He also did not participate
recourse to this court assailing the Resolutions of the in the sale of GENBANK to Allied Bank. The legality of the liquidation
Sandiganbayan. of GENBANK is not an issue in the sequestration cases. Indeed, the
jurisdiction of the PCGG does not include the dissolution and
ISSUE
liquidation of banks. Thus, the Code 6.03 of the Code of Professional
Whether Rule 6.03 of the Code of Professional Responsibility applies Responsibility cannot apply to respondent Mendoza because his
to respondent Mendoza. The prohibition states: “A lawyer shall not, alleged intervention while SolGen is an intervention on a matter
after leaving government service, accept engagement or different from the matter involved in the Civil case of
employment in connection with any matter in which he had sequestration. In the metes and bounds of the “intervention”.
intervened while in the said service.” The applicable meaning as the term is used in the Code of
Professional Ethics is that it is an act of a person who has the power
HELD to influence the subject proceedings. The evil sought to be
The case at bar does not involve the “adverse interest” aspect of remedied by the Code do not exist where the government lawyer
Rule 6.03. Respondent Mendoza, it is conceded, has no adverse does not act which can be considered as innocuous such as “
interest problem when he acted as SOlGen and later as counsel of drafting, enforcing, or interpreting government or agency
respondents et.al. before the Sandiganbayan. However there is still procedures, regulations or laws or briefing abstract principles of
the issue of whether there exists a “congruent-interest conflict” law.” The court rules that the intervention of Mendoza is not
sufficient to disqualify respondent Mendoza from representing significant and substantial. He merely petitions that the court gives
respondents et. al. The key is unlocking the meaning of “matter” assistance in the liquidation of GENBANK. The role of court is not
and the metes and bounds of “intervention” that he made on the strictly as a court of justice but as an agent to assist the Central
matter. Beyond doubt that the “matter” or the act of respondent Bank in determining the claims of creditors. In such a proceeding
the role of the SolGen is not that of the usual court litigator a Filipino citizen before the Philippine Consulate General in Toronto,
protecting the interest of government. Canada. Thereafter, he returned to the Philippines and now intends
Petition assailing the Resolution of the Sandiganbayan is denied. to resume his law practice.
Relevant Dissenting Opinion of Justice Callejo:
Rule 6.03 is a restatement of Canon 36 of the Canons of Professional
Ethics: “ A lawyer, having once held public office or having been in Issue:
the public employ, should not after his retirement accept
employment in connection with any matter which he has  Whether petitioner Benjamin M. Dacanay lost his membership in
investigated or passed upon while in such office or employ.” the Philippine bar when he gave up his Philippine citizenship
Indeed, the restriction against a public official from using his public
position as a vehicle to promote or advance his private interests
extends beyond his tenure on certain matters in which he Ruling:
intervened as a public official. Rule 6.03 makes this restriction  The Constitution provides that the practice of all professions in the
specifically applicable to lawyers who once held public office.” A Philippines shall be limited to Filipino citizens save in cases
plain reading shows that the interdiction 1. applies to a lawyer who prescribed by law. Since Filipino citizenship is a requirement for
once served in the government and 2. relates to his accepting admission to the bar, loss thereof terminates membership in the
“engagement or employment” in connection with any matter in Philippine bar and, consequently, the privilege to engage in the
which he had intervened while in the service. practice of law. In other words, the loss of Filipino citizenship ipso
l. Bar Matter No. 1678, Petition for Leave to Resume Practice of Law, jure terminates the privilege to practice law in the Philippines. The
Benjamin M. Dacanay practice of law is a privilege denied to foreigners.

Facts:  The exception is when Filipino citizenship is lost by reason of

naturalization as a citizen of another country but subsequently
 Petitioner was admitted to the Philippine bar in March 1960. He reacquired pursuant to RA 9225. This is because “all Philippine
practiced law until he migrated to Canada in December 1998 to seek citizens who become citizens of another country shall be deemed
medical attention for his ailments. He subsequently applied for not to have lost their Philippine citizenship under the conditions of
Canadian citizenship to avail of Canada’s free medical aid program. [RA 9225].” Therefore, a Filipino lawyer who becomes a citizen of
His application was approved and he became a Canadian citizen in another country is deemed never to have lost his Philippine
May 2004. citizenship if he reacquires it in accordance with RA 9225. Although
 On July 14, 2006, pursuant to Republic Act (RA) 9225 (Citizenship he is also deemed never to have terminated his membership in the
Retention and Re-Acquisition Act of 2003), petitioner reacquired his Philippine bar, no automatic right to resume law practice accrues.
Philippine citizenship. On that day, he took his oath of allegiance as
 Under RA 9225, if a person intends to practice the legal profession HELD:
in the Philippines and he reacquires his Filipino citizenship pursuant
1.     YES. A lawyer who allows a non-member of the Bar to
to its provisions “(he) shall apply with the proper authority for a
misrepresent himself as a lawyer and to practice law is guilty of
license or permit to engage in such practice.
violating Canon 9 and Rule 9.01 of the Code of Professional
m. Cambaliza v. Cristobal-Tenorio, 434 SCRA 228 Responsibility. Public policy requires that the practice of law be
limited to those individuals found duly qualified in education and
FACTS:
character. The purpose is to protect the public, the court, the client,
          Complainant is the former employee of the respondent in her and the bar from the incompetence or dishonesty of those
law office. The former charged the latter for malpractice or other unlicensed to practice law and not subject to the disciplinary control
gross misconduct in the office for cooperating in the illegal practice of the Court. It devolves upon a lawyer to see that this purpose is
of law by her husband. The complainant submitted the following attained, otherwise, the law makes it a misbehavior on his part
evidences: 1) the letterhead of Cristal-Tenorio Law Office where the subject to disciplinary action, to aid a layman in the unauthorized
name of Felicisimo Tenorio, Jr., husband of the respondent, is listed practice of law.
as a senior partner; and 2.) a Sagip Communication Radio’s Group
identification card signed by the respondent where her husband is
identified as “Atty. Felicisimo Tenorio, Jr.”. She added that 2.     YES. A case of suspension or disbarment may proceed
respondent’s husband even appeared in court hearings. During the regardless of interest or lack of interest of the complainant.
investigation of the IBP, complainant filed a Motion to Withdraw Disciplinary proceedings involve no private interest and afford no
Complaint. Respondent now moved for the dismissal of the case for redress for private grievance. They are undertaken and prosecuted
failure of the complainant to appear in the said case. solely for the public welfare.

ISSUES: 1. Whether or not respondent is guilty of assisting in the

unauthorized practice of law.

           2. Whether or not a Motion to Withdraw Complaint in a

disbarment proceeding, the case may prosper.