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Problem Areas in Legal Ethics

Spouses Serafin Aquino and Rumelia Aquino vs. Court of Appeals,

Government of Service Insurance System, Et. alFACTS: Petitioners filed a civil case against the Government Service Insurance

System GSIS! for s"ecific "erformance# damages and annulment $ith "rayer for

"reliminary in%unction $ith the &TC of 'alolos# (ulacan but $as dismissed on the

ground that it failed to state a cause of action against the GSIS) Petitioners filed

a notice of a""eal $ith the &TC but $as dismissed as $ell for failure to file an

a""ellant*s brief $ithin the reglementary "eriod) They then filed a motion to +recall

Entry and ,udgment and to reinstate a""eal etc)#- $ith the Court of A""eals# but

the same $as denied) A motion for reconsideration $as filed but also denied by the

CA on the ground that it $as beyond the "o$er of the Court to modify the

dismissal since the order dismissing the a""eal had become final and e.ecutory)

/ence# this Petition for &evie$ in Certiorari under &ule 01 of the &ules of Court)

Petitioners argue that they $ere never notified by their counsel of

record# Atty) 'ala# of the notice to file an a""ellant*s brief since he $as

inca"acitated as he $as in coma $hen said notice $as served u"on him and added

that although Atty) &osalino (arican continued to be served $ith the co"ies of theresolutions# Atty) (arican $ithdre$ as their counsel of record $hile the case $as

still "ending before the &TC of 'alolos# (ulacan)

ISS2ES: 3) 4hether or not there $as a change of attorney in the case at bar)

5) 4hether or not the CA erred in serving co"ies of resolution u"on the

a""ellant*s former counsel de "arte)

&2LI6G: 3) 67) Sec) 58# &ule 9 of the &ules of Court states the "ro"er

"rocedure for the $ithdra$al of a la$yer as counsel in a case)

+Section 58; Change of Attorneys; An attorney may retire at

anytime from an action or s"ecial "roceeding# by the $ritten consent of his client

filed in the court) /e may also retire at anytime from an action or s"ecial

"roceeding# $ithout the consent of his client# should the court# on notice to the

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client and attorney# and on hearing# determine that he ought to be allo$ed to

retire) In case of substitution# the name of the attorney ne$ly em"loyed shall be

entered on the doc

5) 4ritten consent of the client> and9) A $ritten consent of the attorney to be substituted)

In the case at bar# no "roof $as "resented by the "etitioners to sho$

com"liance $ith the above "rocedural re=uirements for the $ithdra$al of Atty)

(arican and the substitution of Atty) 'ala on his stead# no $ritten a""lication for

substitution or $ritten consent of the client $as filed in the court)

5) 67) There $as a "ro"er service of the resolution of the CA on the

"etitioners since there $as no "ro"er change of attorneys in the case at bar)There $as effective service u"on the "etitioners# Atty) (arican continued to be

their counsel of record) The dismissal then# became final and e.ecutory after the

la"se of fifteen days)

Petition ?E6IE?)

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