Lipa,Shiela_1E_Case Digest.pptxaasdefwefew

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1. Case Digest: G.R. No. 210554 DAVID YU KIMTENG, MARY L. YU, WINNIE L. YU, VIVIAN L. YU, ROSA GAN, LILIAN CHUA WOO YUKIMTENG, SANTOS YU, MARCELO YU, AND SIN CHIAO YU LIM, PETITIONERS, VS. ATTY. WALTER T. YOUNG, ANASTACIO E. REVILLA, JR., ATTY. JOVITO GAMBOL, AND ATTY. DAN REYNALD R. MAGAT, PRACTICING LAW UNDER THE FIRM NAME, YOUNG REVILLA GAMBOL & MAGAT, AND JUDGE OFELIA L. CALO, PRESIDING JUDGE OF BRANCH 211 OF THE REGIONAL TRIAL COURT, MANDALUYONG CITY, RESPONDENTS. August 5, 2015

2. Facts • Atty. Revilla was disbarred in 2009. • His name remained in the law firm 'Young Revilla Gambol & Magat.' • Petitioners argued this misleads the public. • They filed contempt charges against the lawyers and Judge Ofelia Calo.

3. Issues 1. Does keeping a disbarred lawyer’s name in a firm name amount to indirect contempt? 2. Is there forum shopping since there was already a disbarment case? 3. Is Judge Calo guilty of contempt?

4. R ULING • YES – Using the name of a disbarred lawyer is misleading. • Atty. Young & Atty. Magat: Guilty of indirect contempt, fined ₱30,000 each. • Atty. Gambol: Not guilty (he omitted 'Revilla' in pleadings). • Judge Calo: Complaint re-docketed as administrative case. • NO forum shopping – contempt is different from disbarment.

5. Doctrine / Legal Principle • Rule 71, Sec. 3(d) & (e), Rules of Court – indirect contempt includes misleading conduct. • Canon 3, Rule 3.02, CPR – Law firm names must not be false or misleading. • Keeping the name of a disbarred lawyer misleads the public.

6. Significance • Protects the public from being misled about who can practice law. • Lawyers must be truthful even in firm names. • Reinforces ethical duty in professional identity.