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  • Motion-to-Withdraw-as-Counsel - LACSON

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    The motion summarizes that the defense counsel, Esguerra and Cagayat Law Office, seeks to withdraw their representation of the accused Reymundo Valle Lacson. They discovered that Lacson secured a new counsel without their knowledge to file a petition for certiorari regarding the denial of his bail petition. As the requirements for a valid substitution of counsel were not met, they request that the court allow them to withdraw their appearance for Lacson.

    Original Description:

    Motion to Withdraw- due to conflict of counsel

    Original Title

    Motion-to-Withdraw-as-Counsel- LACSON

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    The motion summarizes that the defense counsel, Esguerra and Cagayat Law Office, seeks to withdraw their representation of the accused Reymundo Valle Lacson. They discovered that Lacson secured a new counsel without their knowledge to file a petition for certiorari regarding the denial of his bail petition. As the requirements for a valid substitution of counsel were not met, they request that the court allow them to withdraw their appearance for Lacson.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    120 views3 pages

    Motion-to-Withdraw-as-Counsel - LACSON

    Uploaded by

    cagayat
    The motion summarizes that the defense counsel, Esguerra and Cagayat Law Office, seeks to withdraw their representation of the accused Reymundo Valle Lacson. They discovered that Lacson secured a new counsel without their knowledge to file a petition for certiorari regarding the denial of his bail petition. As the requirements for a valid substitution of counsel were not met, they request that the court allow them to withdraw their appearance for Lacson.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 3

    Republic of the Philippines

    Fourth Judicial Region


    Regional Trial Court
    Branch 33
    Siniloan, Laguna

    PEOPLE OF THE
    PHILIPPINES

    - versus – CRIM. CASE NO. S-12592


    MARIO ATIENZA BURGOS @
    “Russel”, REYMUNDO
    VALLE LACSON and ALVIN
    PIRIGRINA MARCA,
    Accused.
    x----------------------x

    MOTION TO WITHDRAW APPEARANCE AS


    COUNSEL FOR THE ACCUSED

    COMES NOW, the undersigned counsel, unto the Honorable


    Court, in withdrawing his appearance as counsel for the accused
    Lacson , most respectfully states:

    1. That the undersigned counsel recently discovered that the


    Accused REYMUNDO VALLE LACSON secured the services of
    another counsel in filing a Petition for Certiorari to the Court of
    Appeals regarding the denial of the Petition for Bail;

    2. That this engagement with a new counsel for the purposes of


    elevating the denial of the Petition for Bail was conducted incognito
    and without the knowledge of the undersigned;

    3. That in the case of BERNARDO v. COURT OF APPEALS (G.R.


    No. 106153 July 14, 1997) it was stated:

    “Under Section 26, Rule 138 of the Rules of


    Court and established jurisprudence, a valid
    substitution of counsel has the following
    requirements: (1) the filing of a written
    application for substitution; (2) the client's
    written consent; (3) the consent of the
    substituted lawyer if such consent can
    be obtained; and, in case such written
    consent cannot be procured, (4) a proof
    of service of notice of such motion on
    the attorney to be substituted in the
    manner required by the Rules. Where
    death of the previous attorney is the cause of
    substitution of the counsel, a verified proof of
    the death of such attorney (usually a death
    certificate) must accompany the notice of
    appearance of the new counsel.” (emphasis
    ours);

    4. That there was no consent of the undersigned with regards to


    the engagement of a new counsel nor was there any notice or motion
    sent to the undersigned in a manner required by the Rules. Clearly,
    the undersigned has nothing to do with the elevation of this case;

    5. That the undersigned has never met this new counsel or has any
    participation in the preparation of the pleading which elevated the
    case, nor has discussed his engagement with the Accused or his
    relatives. Simply put, the undersigned was blindsided by the strategy
    of his clients;

    6. That the undersigned has explained the matter to the Accused’s


    relatives and has secured the signature of Accused Lacson’s
    conformity to his withdrawal, as evidenced by his signature hereto;

    7. That as such, undersigned most respectfully requests that he be


    allowed by this Honorable Court to withdraw his appearance in this
    case as Counsel for the Accused REYMUNDO VALLE LACSON;

    PRAYER

    WHEREFORE, premises considered, undersigned counsel most


    respectfully prays that he be allowed to withdraw his appearance in
    this case as counsel for the Accused REYMUNDO VALLE LACSON
    and that he be relieved of all his responsibilities relative to this case.

    Other reliefs just and equitable under the premises are likewise
    prayed for.

    Pakil for Siniloan, Laguna, 27 April 2023.

    ESGUERRA AND CAGAYAT LAW OFFICE


    Counsel for the Petitioner Reyes
    Pauline Bldg., 50 Tavera St., Pakil, Laguna
    Tel. No. (049) 557-0231/Cel. No. 0922-8700457
    [email protected]
    PABLO M. ESGUERRA
    IBP Roll No. 36979
    IBP No. 287666/01-14-2023
    PTR No. 1084274/01-03-2023
    MCLE Compliance No. VI-0014491

    NICOLO JUSTIN P. CAGAYAT


    Attorney’s Roll No. 71786
    IBP Roll No. 71786
    PTR No. 1216109/01-03-2023
    IBP No. 261880/01-03-2023
    MCLE Compliance No. VII-000364

    With Conformity:

    REYMUNDO VALLE LACSON


    Accused

    NOTICE OF HEARING

    THE BRANCH CLERK OF COURT


    Regional Trial Court
    Branch 33
    Siniloan, Laguna

    Greetings,

    Please take notice that the undersigned counsel will submit the
    foregoing Motion for the kind consideration and resolution of the
    Honorable Court without further appearance thereof

    NICOLO JUSTIN P. CAGAYAT

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