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    Ledesma V Climaco

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    Cherish Kim Ferrer
    This case digest discusses the case of Adelino H. Ledesma v. Hon. Rafael C. Climaco where Ledesma, an appointed counsel, sought to withdraw from representing defendants due to a conflict with his new role as Election Registrar. The court held that Ledesma's withdrawal would undermine his duties as a lawyer and that lawyers can be required to serve as counsel de oficio to ensure justice. The right of accused persons to legal representation is important to ensure a fair trial and due process.

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    Ledesma V Climaco

    Uploaded by

    Cherish Kim Ferrer
    79 views1 page
    This case digest discusses the case of Adelino H. Ledesma v. Hon. Rafael C. Climaco where Ledesma, an appointed counsel, sought to withdraw from representing defendants due to a conflict with his new role as Election Registrar. The court held that Ledesma's withdrawal would undermine his duties as a lawyer and that lawyers can be required to serve as counsel de oficio to ensure justice. The right of accused persons to legal representation is important to ensure a fair trial and due process.

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    Ledesma v Climaco

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    This case digest discusses the case of Adelino H. Ledesma v. Hon. Rafael C. Climaco where Ledesma, an appointed counsel, sought to withdraw from representing defendants due to a conflict with his new role as Election Registrar. The court held that Ledesma's withdrawal would undermine his duties as a lawyer and that lawyers can be required to serve as counsel de oficio to ensure justice. The right of accused persons to legal representation is important to ensure a fair trial and due process.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    79 views1 page

    Ledesma V Climaco

    Uploaded by

    Cherish Kim Ferrer
    This case digest discusses the case of Adelino H. Ledesma v. Hon. Rafael C. Climaco where Ledesma, an appointed counsel, sought to withdraw from representing defendants due to a conflict with his new role as Election Registrar. The court held that Ledesma's withdrawal would undermine his duties as a lawyer and that lawyers can be required to serve as counsel de oficio to ensure justice. The right of accused persons to legal representation is important to ensure a fair trial and due process.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Law Notes

    Case Digest

    Case Digest ▼

    Case Digest

    Adelino H. Ledesma v. Hon.


    Rafael C. Climaco
    G.R. No. L- 23815 (June 28, 1974)

    Legal Ethics : Definition

    Facts:

    Petitioner Ledesma was assigned as counsel de


    parte for an accused in a case pending in the sala
    of the respondent judge. On October 13, 1964,
    Ledesma was appointed Election Registrar for the
    Municipality of Cadiz, Negros Occidental. He
    commenced discharging his duties, and filed a
    motion to withdraw from his position as counsel
    de parte. The respondent Judge denied him and
    also appointed him as counsel de oficio for the
    two defendants. On November 6, Ledesma filed a
    motion to be allowed to withdraw as counsel de
    oficio, because the Comelec requires full time
    service which could prevent him from handling
    adequately the defense. Judge denied the motion.
    So Ledesma instituted this certiorari proceeding.

    Issue:

    Whether or not the order of the respondent


    judged in denying the motion of the petitioner is a
    grave abuse of discretion?

    Holding:

    No, Ledesma's withdrawal would be an act


    showing his lack of fidelity to the duty rqeuired of
    the legal profession. He ought to have known that
    membership in the bar is burdened with
    conditions. The legal profession is dedicated to
    the ideal of service, and is not a mere trade. A
    lawyer may be required to act as counsel de oficio
    to aid in the performance of the administration of
    justice. The fact that such services are rendered
    without pay should not diminish the lawyer's zeal.

    Ratio:

    “The only attorneys who cannot practice law by


    reason of their office are Judges, or other officials
    or employees of the superior courts or the office of
    the solicitor General (Section 32 Rule 127 of
    the Rules of Court [Section 35 of Rule 138
    of the Revised Rules of Court]. The lawyer
    involved not being among them, remained as
    counsel of record since he did not file a motion to
    withdraw as defendant-appellant’s counsel after
    his appointment as Register of Deeds. Nor was
    substitution of attorney asked either by him or by
    the new counsel for the defendant-appellant
    (People vs. Williams CA G.R. Nos. 00375-
    76, February 28, 1963)
    To avoid any frustration thereof, especially
    in the case of an indigent defendant, a lawyer may
    be required to act as counsel de officio (People v.
    Daban) Moreover, The right of an accused in a
    criminal case to be represented by counsel is a
    constitutional right of the highest importance,
    and there can be no fair hearing with due process
    of law unless he is fully informed of his rights in
    this regard and given opportunity to enjoy them
    (People vs. Holgado, L-2809, March 22, 1950)
    The trial court in a criminal case has
    authority to provide the accused with a counsel de
    officio for such action as it may deem fit to
    safeguard the rights of the accused (Provincial
    Fiscal of Rizal vs. Judge Muñoz Palma, L-
    15325, August 31, 1930)

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