[LEGAL PROFESSION]

2nd semester, A.Y. 2014-2015

LEDESMA v. CLIMACO

Ponente: Justice Fernando

Date: June 28, 1974

Petitioner: Adelino H. Ledesma

Respondent: Judge Rafael Climaco
Relief: Petition for Certiorari
FACTS:

On October 13, 1964, petiioner Ledesma was appointed as Election Registrar for the
Municipality of Cadiz in Negros Occidental. At the time, he was counsel de parte for
one of the accused in a pending criminal case in the sala of respondent Judge
Climaco.
Citing his heavy workload as Election Registrar, noting further that he might not be
able to devote as much time for the pending case of his client, Ledesma filed for a
motion to withdraw as counsel of the accused.
Judge Climaco denied Ledesma's motion. Instead, the honorable judge even
appointed Ledesma as counsel de oficio.

Ledesma filed another motion to withdraw as counsel de oficio, noting that his job as
Election Registrar required full-time service. The same motion was dismissed by
Judge Climaco. Hence, this petition for certiorari.
DISPO: Petition is dismissed. Costs against the petitioner.

ISSUE1:
Whether or not Ledesma's motion to withdraw as counsel is valid.NO.
HELD/RATIO1
1. What is easily discernible from this petition is the obvious reluctance of petitioner to comply
with the responsibilities incumbent on the counsel de oficio.
2. There was no incompatibility between the duty of the petitioner to his client and to the court
and the performance of his task as an Election Registrar of the Comelec.
3. The petitioner was less than mindful of his obligation as counsel de oficio. He ought to have
known that membership in the bar is a privilege burdened with conditions.
Parting words of the ponente: "There are times when duty to court and to client takes precedence
over the promptings of self-interest."