LEGAL PROFESSION CAYETANO V MONSOD > advocacy, counseling, public service PARAS; September 3, 1991 - Alexander SyCip > appearance of lawyer in litigation is most publicly familiar role of NATURE lawyers as well as an uncommon role for the average lawyer Petition to review decision of Commission on Appointments > more legal work is transacted in law offices that in the courtrooms > business counseling than trying cases; as planner, diagnostician, trial FACTS lawyer, surgeon - April 25, 1991 – Atty. Christian Monsod was appointed by Pres. Aquino - article on Business Star as Chairman of COMELEC > emerging trends in corporate law - Rene Cayetano opposed such appointment as citizen and taxpayer because Monsod allegedly does not possess the required qualification SEPARATE OPINION of having been engaged in the practice of law for at least 10 years - June 18, 1991 – Monsod took his oath of office NARVASA [concur] - Monsod‘s credentials - concur only in the result > member of Philippine Bar since 1960 > after bar, worked in law office of his father > 1963-1970 – in World Bank Group as operations officer in Costa Rica PADILLA [dissent] and Panama involves getting acquainted with laws of member- - Practice refers to actual performance of application of knowledge as countries, negotiating loans and coordinating legal, economic and distinguished from mere possession of knowledge; it connotes active, project work habitual, repeated or customary action TF lawyer employed as business > 1970 – in Meralco Group as CEO of investment bank executive or corporate manager, other than head of Legal Department > since 1986 – rendered service to various companiesas legal and cannot be said to be in the practice of law economic consultant or CEO - People v Villanueva > 1986-1987 – secretary-general and national chairman of NAMFREL > Practice is more than an isolated appearance for it consists in (election law) frequent or customary actions, a succession of acts of the same kind > co-chairman of Bishop‘s Businessmen‘s Conference for Human - Commission on Appointments memorandum Development > practice of law requires habituality, compensation, application of law, > 1990 - Davide Commission – quasi-judicial body legal principle, practice or procedure, and attorney-client relationship > 1986-1987 – member of Constitutional Commission as Chairman on Accountability of Public Officers CRUZ [dissent] - AIX-C Sec1(1) - … Commission on Elections chairman shall be - sweeping definition of practice of law as to render the qualification members of the Philippine Bar who have been engaged in the practice practically toothless of law for at least 10 years - there is hardly any activity that is not affected by some law or - no jurisprudence on what constitutes the practice of law government regulation the businessman must know about and observe - ―performance of any acts… in or out of court, commonly understood to ISSUE be the practice of law‖ which tells us absolutely nothing WON Monsod is qualified as Chairman of COMELEC in fulfilling the requirement engaged in the practice of law for at least ten years GUTIERREZ [dissent] - practice is envisioned as active and regular, not isolated, occasional, HELD accidental, intermittent, incidental, seasonal or extemporaneous YES. Practice of Law means any activity, in or out of court which - nothing in the bio-data even remotely indicates Monsod has given the requires the application of law, legal procedure, knowledge, training and law enough attention or a certain degree of commitment and experience. Monsod as lawyer-economist, lawyer-manager, lawyer- participation entrepreneur, lawyer-negotiator, and lawyer-negotiator is proof he is - difficult if not impossible to lay down a formula or definition of what engaged in practice of law for more than 1- years constitutes the practice of law - Black’s Law Dictionary - Monsod was asked if he ever prepared contracts for parties in real- > Rendition of service requiring the knowledge and application of legal estate transaction; he answered very seldom principles and technique to serve the interest of another with his consent - Monsod may have profited from his legal knowledge, the use of such is > not limited to appearing in court, or advising and assisting in the incidental and consists of isolated activities which do not fall under the conduct of litigation, but embraces the preparation of pleadings, and denominations of practice of law other papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments of all kinds, and SANTUYO V HIDALGO giving all legal advice to clients CORONA; January 17, 2005 - Land Title Abstract and Trust Co v Dworken > one who in representative capacity engages in business of advising NATURE clients as to their rights under law, or while so engaged performs any Administrative case in SC for Serious Misconduct and Dishonesty act or acts either in court or outside of court - UP Law Center FACTS Page 1 of 203 LEGAL PROFESSION - Petitioners Benjamin Santuyo and Editha Santuyo accused respondent Atty. Edwin Hidalgo of serious misconduct and dishonesty NATURE for breach of his lawyer‘s oath and notarial law Administrative case in the Supreme Court. Violation of the Code of - In Dec 1991, couple purchased parcel of land covered by deed of sale Professional Responsibility - It was allegedly notarized by Hidalgo and entered in his notarial register FACTS - Six years later, couple had dispute with Danilo German over ownership - In an affidavit-complaint, complainat Arturo Sicat, a Board Member of of said land; German presented an affidavit executed by Hidalgo the Sangguniang Panlalawigan of Rizal, charged respondent Atty. denying authenticity of his signature on deed of sale Gregorio Ariola, the Municipal Administrator of Cainta, Rizal with Petitioners' Claim violation of the Code of Professional Responsibility by committing fraud, - Hidalgo overlooked the fact that deed of sale contained ALL the legal deceit and falsehood in his dealings, particularly the notarization of a formalities of a duly notarized document (including impression of his Special Power of Attorney(SPA) purportedly executed by one Juanito C. notarial dry seal) Benitez According to complainant, respondent made it appear that - Santuyos could not have forged the signature, not being learned in Benitez executed the said document on January 4, 2001 when in fact technicalities surrounding notarial act the latter had already died on October 25, 2000. - They had no access to his notarial seal and notarial register, and they - He alleged that prior to notarization, the Municipality of Cainta had could not have made any imprint of his seal or signature. entered into a contract with J.C. Benitez Architect and Technical Respondents' Comments Management, represented by Benitez, for the construction of low-cost - He denied having notarized any deed of sale for disputed property. houses(project worth=11M). For the services of the consultants, the - He once worked as junior lawyer at Carpio General and Jacob Law Municipality of Cainta issued a check dated January 10, 2001 in the Office; and admitted that he notarized several documents in that office. amount of 3.7M, payable to J.C. Benitez Architects and Technical - As a matter of procedure, documents were scrutinized by senior Management and/or Cesar Goco. The check was received and cashed lawyers, and only with their approval could notarization be done. by the the latter by virtue of the SPA notarized by Ariola. - In some occasions, secretaries (by themselves) would affix dry seal of Respondents' Comments junior associates on documents relating to cases handled by the law - Respondent explained that as early as May 12, 2000, Benitez had firm. already signed the SPA. He claimed that due to inadvertence, it was - He normally required parties to exhibit community tax certificates and only on January 4, 2001 that he was able to notarize it. Nevertheless, to personally acknowledge documents before him as notary public. the SPA notarized by him on January 4, 2001 was not at all necessary - He knew Editha, but only met Benjamin in Nov 1997 (Meeting was because Benitez had signed a similar SPA in favor of Goco sometime arranged by Editha so as to personally acknowledge another document) before his death, on May 12, 2000. Therefore, the SPA was cancelled - His alleged signature on deed of sale was forged (strokes of a lady) the same day he notarized it. - At time it was supposedly notarized, he was on vacation. - Moreover, the suit should be dismissed for forum shopping since similar charges had been filed with the Civil Service Commission and ISSUES the Office of the Deputy Ombudsman for Luzon. Which complaints were 1. WON the signature of respondent on the deed of sale was forged dismissed because the assailed act referred to violation of the IRR of 2. WON respondent is guilty of negligence the Commission on Audit. - The Court, in its resolution dated March 12, 2003, referred the HELD complaint to the Integrated Bar of the Philippines for investigation, report 1. Yes. and recommendation. The IBP recommended that respondent's notarial Ratio The alleged forged signature was different from Hidalgo‘s commission be revoked and that he be suspended from the practice of signatures in other documents submitted during the investigation. law for one year. Reasoning Santuyos did not state that they personally appeared before respondent. They were also not sure if he signed the document; ISSUES only that his signature appeared on it. They had no personal knowledge WON acts of respondent amounted to a violation of the Code of as to who actually affixed the signature. Professional Responsibility. 2. Yes. Ratio He was negligent for having wholly entrusted the preparation HELD and other mechanics of the document for notarization to the office Ratio The act was a serious breach of the sacred obligation imposed secretaries, including safekeeping of dry seal and making entries in by the Code of Professional Responsibility, specifically Rule 1.01 of notarial register. Canon 1, which prohibits engaging in unlawful, dishonest, immoral or Reasoning Responsibility attached to a notary public is sensitive, and deceitful conduct.