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ANGELITA C. ORCINO v. ATTY. JOSUE GASPAR

This case has been cited 9 times or more.

	GR No. 178630 2012-11-27	ROSA F. MERCADO v. COMMISSION ON HIGHER EDUCATION PEREZ, J.
In our jurisdiction, a client has the absolute right to relieve his counsel at any time with or without cause.[76] In contrast, the counsel, on his own, cannot terminate their attorney-client relation except for sufficient cause as determined by the court.[77] These basic principles form the bedrock of Section 26 of Rule 138 of the Rules of Court, which prescribes the rules for the withdrawal of counsel from a case.
	GR No. 177836 2009-09-04	EDWINO A. TORRES v. BALLIGI V. RODELLAS CHICO-NAZARIO, J.
It must also be remembered that, unless properly relieved, the counsel is responsible for the conduct of the case;[32] he is obligated by his client and the court to do what the interest of his client requires until the end of litigation or his representation is terminated formally and there is a termination of record.[33] And the only way the Office of the President could have ascertained whether Atty. Restor still had the authority to file the Motion for Reconsideration on behalf of Edwino's heirs, or otherwise had been relieved or his representation terminated, was by having Edwino's heirs come forth as the rules required. In fact, in the Letter of Appointment dated 16 November 2003, which was presented before the Court of Appeals, Alfonso and Fatima, as Edwino's legal representatives and heirs, explicitly retained the services of Atty. Restor by "[appointing] and [engaging] [his] legal services x x x in O.P. Case No. 98-8537 before the Office of the President and to further represent [them] in the event that the afore-mentioned case is appealed to the Court of Appeals/Supreme Court."[34] Even though belatedly executed, such Letter of Appointment demonstrates that if they were just given the opportunity by the Office of the President, Alfonso and Fatima could have easily confirmed the authority of Atty. Restor to continue acting as their counsel in the proceedings and to submit the Motion for Reconsideration of the 5 August 2003 Decision of the Office of the President.
	GR No. 143365 2008-12-04	GENEROSO SALIGUMBA v. MONICA PALANOG CARPIO, J.
An attorney must make an application to the court to withdraw as counsel, for the relation does not terminate formally until there is a withdrawal of record; at least, so far as the opposite party is concerned, the relation otherwise continues until the end of the litigation.[28] Unless properly relieved, the counsel is responsible for the conduct of the case.[29] Until his withdrawal shall have been approved, the lawyer remains counsel of record who is expected by his client as well as by the court to do what the interests of his client require. He must still appear on the date of hearing for the attorney-client relation does not terminate formally until there is a withdrawal of record.[30]
	AC. No. 7421 2007-10-10	ELISA V. VENTEREZ v. ATTY. RODRIGO R. COSME CHICO-NAZARIO, J.
The rule in this jurisdiction is that a client has the absolute right to terminate the attorney-client relation at any time with or without cause.[18] The right of an attorney to withdraw or terminate the relation other than for sufficient cause is, however, considerably restricted.[19] Among the fundamental rules of ethics is the principle that an attorney who undertakes to conduct an action impliedly stipulates to carry it to its conclusion.[20] He is not at liberty to abandon it without reasonable cause.[21] A lawyer's right to withdraw from a case before its final adjudication arises only from the client's written consent or from a good cause.[22]
	ADM CASE NO. 6266 2006-11-16	ESTELA ANASTACIO-BRIONES v. ATTY. ALFREDO A. ZAPANTA QUISUMBING, J.
In Orcino v. Gaspar,[12] we held that until a lawyer's withdrawal shall have been approved, he remains counsel of record and is expected by his client as well as by the court to do what the interests of his client require. He must still appear on the date of hearing for the attorney-client relation does not terminate formally until there is a withdrawal of his appearance on record.
	AC. NO. 6155 2006-03-14	MA. GINA L. FRANCISCO v. ATTY. JAIME JUANITO P. PORTUGAL TINGA, J.
The rule in this jurisdiction is that a client has the absolute right to terminate the attorney-client relation at anytime with or without cause. The right of an attorney to withdraw or terminate the relation other than for sufficient cause is, however, considerably restricted. Among the fundamental rules of ethics is the principle that an attorney who undertakes to conduct an action impliedly stipulates to carry it to its conclusion. He is not at liberty to abandon it without reasonable cause. A lawyer's right to withdraw from a case before its final adjudication arises only from the client's written consent or from a good cause.[16]
	AC. NO. 5485 2005-03-16	ELMER CANOY v. ATTY. JOSE MAX ORTIZ TINGA, J.
Assuming that Atty. Ortiz was justified in terminating his services, he, however, cannot just do so and leave complainant in the cold unprotected.[25] Indeed, Rule 22.02 requires that a lawyer who withdraws or is discharged shall, subject to a lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter. Atty. Ortiz claims that the reason why he took no further action on the case was that he was informed that Canoy had acquired the services of another counsel. Assuming that were true, there was no apparent coordination between Atty. Ortiz and this new counsel.
	AC. No. 4334 2004-07-07	SUSAN CUIZON v. ATTY. RODOLFO MACALINO PER CURIAM
It is axiomatic that no lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client. However, once he agrees to take up the cause of a client, the lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. He must serve his client with competence and diligence, and champion the latter's cause with whole-hearted fidelity.[12] Among the fundamental rules of ethics is the principle that an attorney who undertakes to conduct an action impliedly stipulates to carry it to its conclusion.[13]
	AC. No. 3967 2003-09-03	ARTEMIO ENDAYA v. ATTY. WILFREDO OCA TINGA, J.
Moreover, a lawyer continues to be a counsel of record until the lawyer-client relationship is terminated either by the act of his client or his own act, with permission of the court. Until such time, the lawyer is expected to do his best for the interest of his client [43]