Case Digest (Adm. Case No. 951)
Facts:
Domingo Ragua, et al. v. Atty. Eduardo P. Gosiengfiao, Adm. Case No. 951, promulgated October 27, 1973, First Division, Castro, J., writing for the Court. The complainants are Domingo, Miguel, Marciana, Juana and Remedios Ragua (collectively, the complainants); the respondent is Atty. Eduardo P. Gosiengfiao.For some time the heirs of the late Eulalio Ragua (ten in all) had employed Atty. Adriano Dasalla as counsel. On May 11, 1970 their property in Quezon City was forcibly entered by armed men. Dissatisfied with Atty. Dasalla’s inaction, some heirs retained Atty. Gosiengfiao, who instituted a forcible-entry action in Civil Case No. 19192 before the City Court of Quezon City. In the verification of that complaint one heir, Valeriano Ragua, stated under oath that he subscribed as an heir and as representative of the heirs.
Subsequently, five heirs (the present complainants) appeared in the City Court and declared that Gosiengfiao had no authority to act for them or for the heirs collectively. Conversely, four heirs and later one of the complainants executed a joint affidavit affirming that they had authorized Gosiengfiao to represent them and all the heirs. As a result, the complainants filed an administrative charge against Atty. Gosiengfiao with this Court, alleging he had instituted litigation on their behalf without their prior consent and thus violated his duties as a lawyer.
By resolution dated August 31, 1970, the Court referred the matter to the Solicitor General for investigation, report and recommendation. After hearings, the Solicitor General submitted his report on October 8, 1973, finding that the respondent acted under the understanding that he had been retained by the heirs and r...(Subscriber-Only)
Issues:
- Did Atty. Eduardo P. Gosiengfiao institute civil case No. 19192 without the proper authorization of the heirs of Eulalio Ragua, thereby committing a violation of his duties as...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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