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  • Lingan Vs Calubaquib

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    Marren Salvador
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    The Supreme Court ruled that the work of a respondent as a Commission on Human Rights (CHR) Director requires the practice of law. As a CHR Director, the respondent's duties included administering oaths, conducting preliminary evaluations of human rights cases, and issuing notices, orders, and subpoenas - which are characteristics of the legal profession. Since the respondent had been suspended from the practice of law for one year, he lost a necessary qualification for the position of CHR Director. The Court therefore determined that the suspension from law practice also included suspension from the public office of CHR Director.

    Originalbeschreibung:

    Lingan vs Calubaquib (Practice of Law)

    Originaltitel

    Lingan vs Calubaquib

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    The Supreme Court ruled that the work of a respondent as a Commission on Human Rights (CHR) Director requires the practice of law. As a CHR Director, the respondent's duties included administering oaths, conducting preliminary evaluations of human rights cases, and issuing notices, orders, and subpoenas - which are characteristics of the legal profession. Since the respondent had been suspended from the practice of law for one year, he lost a necessary qualification for the position of CHR Director. The Court therefore determined that the suspension from law practice also included suspension from the public office of CHR Director.

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    © All Rights Reserved
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    113 Ansichten1 Seite

    Lingan Vs Calubaquib

    Hochgeladen von

    Marren Salvador
    The Supreme Court ruled that the work of a respondent as a Commission on Human Rights (CHR) Director requires the practice of law. As a CHR Director, the respondent's duties included administering oaths, conducting preliminary evaluations of human rights cases, and issuing notices, orders, and subpoenas - which are characteristics of the legal profession. Since the respondent had been suspended from the practice of law for one year, he lost a necessary qualification for the position of CHR Director. The Court therefore determined that the suspension from law practice also included suspension from the public office of CHR Director.

    Copyright:

    © All Rights Reserved
    Als PDF, TXT herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 1

    LINGAN VS CALUBAQUIB

    AC NO 5377

    JUNE 30 2014

    J LEONEN

    FACTS

    The SC suspended the respondents from practicing law for one year due to them allowing their
    secretaries in notarizing documents. Atty. Baliga, one of them, continued being a Director from
    CHR stating that his suspension from the practice of law did not include suspension from public
    office.

    ISSUE

    W/N the work of respondent as a CHR Director requires practice of law

    RULING

    YES.

    Practice of law is any activity, in or out of court, which requires the application of law, legal
    procedure, knowledge, training and experience. It includes [performing] acts which are
    characteristics of the [legal] profession or [rendering any kind of] service [which] requires the
    use in any degree of legal knowledge or skill.

    The functions of a Regional Director of CHR consists of administering oaths, conduction of


    preliminary evaluation on human rights, issuance of notices, orders, and subpoenas, among
    others, which functions are characteristics of the legal profession constituting practice of law.
    When the Regional Director loses this authority, such as when he is suspended from the practice
    of law, the Regional Director loses a necessary qualification to the position he is holding. The
    suspended lawyer must desist from holding the position of Regional Director.

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