Canon 14

ADELINO H. LEDESMA vs. HON. RAFAEL C. CLIMACO

G.R. No. L-23815 June 28, 1974
Ponente: J. Fernando

Facts:
Petitioner Ledesma was assigned as counsel de parte for an accused in a case pending
in the sala of the respondent judge. On October 13, 1964, Ledesma was appointed
Election Registrar for the Municipality of Cadiz, Negros Occidental. He commenced
discharging his duties, and filed a motion to withdraw from his position as counsel de
parte. The respondent Judge not only denied the motion but also appointed him as
counsel de oficio for the two defendants. On November 3, 1964, petitioner filed an
urgent motion to be allowed to withdraw as counsel de oficio, premised on the policy of
the Commission on Elections to require full time service as well as on the volume or
pressure of work of petitioner, which could prevent him from handling adequately the
defense. On November 6, Judge denied the motion. Hence, Ledesma instituted this
certiorari proceeding.

Issue:
Whether or not a member of the bar may withdraw as counsel de oficio due to
appointment as Election Registrar.
Ruling:
His responsibility as an Election Registrar cannot be used as a sufficient cause for him
to withdraw as a counsel.


CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND
CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF
THE PROFESSION.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or the oppressed.


CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an
appointment as counsel de oficio or as amicus curiae, or a request from the Integrated
Bar of the Philippines or any of its chapters for rendition of free legal aid.