PETITION FOR AUTHORITY TO CONTINUE USE OF THE FIRM NAME

"SYCIP, SALAZAR, FELICIANO, HERNANDEZ, & CASTILLO"

July 30, 1979

FACTS:

Two separate petitions were filed before the Supreme Court:

1. By the surviving partnere of Atty. Alexander Sycip (died May 5,1975)
2. By the surviving partners of Atty. Herminio Ozaeta (died Feb 14,1976)
to allow continued use of the deceased names in their firm name

One of the arguments presented by the petitioners is that:

In regulating other profesions, such as accountancy and engineering, the legislature
has authorized the adoption of firm names without any restrictions as to the use, in
such firm name, of the name of a deceased partner.

ISSUE:

Should the petitioners be allowed to continue the use of deceased partners' names in
their firm?

RULING

No, the petition for the continued use of deceased partners' names in the firm name is
denied.

A partnership for the practice of law cannot be likened to partnerships formed by

other professionals or for business.

A partnership for the practice of law is not a legal entity. It is a mere relationship or
association for a particular purpose... It is not a partnership formed for the purpose of
carrying on trade or business or of holding property. Thus, it has been stated that the
use of a non de plume assumed or trade name in law practice is improper.

The usual reason given for the different standards of conduct being applied to the
practice of law from those pertaining to business is that the law is a profesion.

Dean Pound defines profession as a group of men pursuing a learned art as a common
calling in the spirit of public service - no less a public service because it may
incidentally be a means of livelihood.