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3. Herminio Noriega vs Atty.

Emmanuel Sison

125 SCRA 293 – Legal Ethics – Isolated Practice of Law


FACTS:
In 1981, Noriega filed a disbarment case against Sison. Noriega alleged that
Sison as a hearing officer of the Securities and Exchange Commission is not allowed to
engage in the private practice of law; yet Noriega alleged that Sison has created
another identity under the name “Manuel Sison” in order for him to engage in private
practice and represent one Juan Sacquing before a trial court in Manila.
Sison, in his defense, argued that he is in fact representing Juan Sacquing but
the same is with the permission of the SEC Commissioner; that he never held himself
out to the public as a practicing lawyer; that he provided legal services to Sacquing in
view of close family friendship and for free; that he never represented himself
deliberately and intentionally as “Atty. Manuel Sison” in the Manila JDRC where, in the
early stages of his appearance, he always signed the minutes as “Atty. Emmanuel R.
Sison”, and in one instance, he even made the necessary correction when the court
staff wrote his name as Atty. Manuel Sison”; that due to the “inept and careless work of
the clerical staff of the JDRC”, notices were sent to “Atty. Manuel Sison”.

ISSUE: Whether or not the disbarment case should prosper.

HELD:
No. The arguments presented by Sison are well merited and backed by
evidence. The allegations in the complaint do not warrant disbarment of Sison. There is
no evidence that Sison has committed an act constituting deceit, immoral conduct,
violation of his oath as a lawyer, willful disobedience of any lawful order of the court, or
corruptly and willfully appearing as an attorney to a part to a case without attorney to do
so. His isolated appearance for Sacquing does not constitute private practice of law,
more so since Sison did not derive any pecuniary gain for his appearance because
Sison and Sacquing were close family friends. Such act of Sison in going out of his way
to aid as counsel to a close family friend should not be allowed to be used as an
instrument of harassment against him.

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