Sunday, March 18, 2012

Aquino vs. Blanco (November 28, 1947)

Facts: On February 5, 1947, a judgment was rendered by the court against herein plaintiffs. At the trail of that case the therein defendant Dominga Salveron was represented by Atty. Basilio Sorioso. Later said attorney was appointed, and qualified, as Assistant Provincial Fiscal of Iloilo, which position he was occupying on February 11, 1947. For reasons which do not appear in the record, service of sad judgment was served on Mr. Sorioso despite the fact that he was no longer in private practice and was already discharging the official duties of assistant provincial fiscal. An affidavit of Atty. Sorioso to the effect that the the said decision was received by him notwithstanding his appointment as Assistant Fiscal exists in the records of the case.

Issue: Whether or not Atty. Sorioso has ceased to engage in the practice of law and has been disqualified to represent the plaintiff, hence allowing the plaintiff to obtain relief from the aforementioned decision

Held: When Attorney Sorioso was appointed to the position of assistant provincial fiscal and therein qualified, by operation of law he ceased to engage in private law practice, and as a consequence he became simultaneously disqualified to continue representing his former client, the herein respondent Dominga Salveron, in the above-mentioned case. So that in contemplation of law the notice of the decision upon him on February 11, 1947, was not a notice upon said respondent, and the period for perfecting an appeal on the part of the latter in reality did not then commence to run but only, if at all, when she acquired knowledge of said decision upon the service on her of the writ of execution on March 26, 1947. But even if the above facts had not intervened, there is in the record a clear showing that the case is wholly covered by Rule 38, section 2.

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