CASE DIGEST
PETELO V. RIVERA
A.C. No. 10408. October
16, 2019
THIRD DIVISION, HERNANDO
J.
Unauthorized Practice of Law
DOCTRINE: The practice of law is a privilege
reserved for qualified individuals and must not be abused.
This is an administrative complaint
against Atty. Socrates Rivera for the alleged unauthorized filing of a
Complaint for Declaration of Nullity of Real Estate Mortgage, Promissory Note,
Certificate of Sale, and Foreclosure Proceedings. The complainant, Hernando Petelo claimed that he never engaged Atty.
Rivera's legal services and did not authorize the filing of the said complaint
on his behalf. Atty. Rivera presented contradictory versions in
his comments and disavowed the signatures affixed to the complaint, even
claiming forgery.
Whether respondent Rivera is liable for the
unauthorized practice of law.
YES. The court held respondent Rivera liable for the unauthorized practice of law. Atty. Socrates Rivera was found administratively liable for violating several provisions of the Code of Professional Responsibility due to his unauthorized filing of a civil suit using someone else's signature and other details. Despite presenting contradictory versions of his involvement, Atty. Rivera's act of allowing non-lawyers to use his signature constituted unauthorized practice of law. By doing so, he violated the law and undermined the integrity of the legal profession.
The court emphasized that the practice
of law is limited to duly qualified and licensed lawyers who have met the
necessary educational and professional requirements. Unauthorized individuals
who offer legal services pose a serious risk to the public as they lack the
training and competence to handle legal matters properly.
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