Florencia De Mondia vs Public Service Commission

written by Howard

G.R. Nos. L-45727-45729 – 65 Phil. 708 – Legal Ethics – Right of Client Not To Appeal 

Florencia De Mondia, Consolacion Decimo and four others sued the Public Service Commission. They lost in the trial court. They appealed the case however De Mondia and Decimo, through their counsel, filed a motion where they expressed that for their part, they are no longer interested in pursuing the case on appeal. The other counsels for the other appellants however objected to the motion claiming that they were already authorized and that the two still have interest remaining in the case.

ISSUE: Whether or not the other counsels can validly object.

HELD: No. The right to ask for the dismissal of an action or appeal is exclusive to the moving party and while the dismissal in some cases depends upon the sound discretion of the courts, dismissal is generally granted. The other counsels cannot continue representing De Mondia and Decimo since the two clients are entitled to dispense with their services at any time.

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