Legal Ethics

Marivic Alacar, et al. vs Atty. Socrates Rivera

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A.C. No. 12447 – Legal Ethics – Appearance of Counsel; Appearance Without Authority

Marivic Alacar and several others lost money and valuables when their place of work were taken over by the Manila Bay Development Corporation (MBDC). Their employer then introduced them to Atty. Socrates Rivera for legal assistance. Atty. Rivera interviewed them once and he assured them that he will take care of the rest.

Later however, Alacar et al. saw draft complaints against MBDC which were signed by Atty. Rivera as counsel and were verified by them as litigants. Alacar et al., since they never authorized Atty. Rivera to sue MBDC, complained against Atty. Rivera before the IBP.

In his Answer, Atty. Rivera averred that he never met Alacar et al.; that all he did was receive the affidavits of Alacar et al. from a certain Mr. Gow; that based on the affidavits, he drafted the complaints and had turned over the draft complaints to Mr. Gow for him to gather the signature of Alacar et al.; that if there was forgery then it is Mr. Gow who is liable because he is the possessor of the documents.

ISSUE: Whether or not Atty. Rivera should be disciplined.

HELD: Yes. Atty. Rivera is guilty of willfully appearing as counsel without authority. By his admission, Atty. Rivera drafted complaints for Alacar, et al. without even meeting them. Without such meeting, there cannot be no authority granted to him to draft the complaints yet he drafted the complaints, signed as “Counsel for the Plaintiff” and then directed Mr. Gow to have the verification be signed by Alacar, et al. It is true that lawyers are not even required to present a written authorization from the client but lawyers must be mindful that an attorney has no power to act as counsel for a person without being retained nor may he or she appear in court without being employed unless by leave of court. Otherwise, his or her appearance will be met with disciplinary sanctions.

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