PORAC TRUCKING INC petitioner. v.

THE HONORABLE COURT OF APPEALS

(Fifteenth Division), HON. EUGENIO S. LABITORIA, In his capacity as Presiding
Judge of the RTC-Macabebe, Pampanga (Branch LV) and EMERENCIANA
GUEVARRA, respondents.
G.R. NO. 81093, March 6, 1990

Recit-Ready Pointers:

 Subject matter of the case: A complaint for damages filed by private respondent
 Against who: Atty. Macalino
 What was the violation done: Unsolicited appearance of a lawyer without client-lawyer relationship
 Canon / Law involved: Not mentioned in the case. (but it can be Rule 18.01)

Doctrine:

Appearances made by lawyers in court must be bound by client-lawyer relationship. Making

appearances in court and representing someone without the latter’s consent is unbecoming of a
lawyer.

Facts:

The case at bar arose from a complaint for damages filed by the private respondent Emerenciana Guevarra in
the Regional Trial Court, Branch LV at San Fernando, Pampanga 3 against PORAC TRUCKING and Albert Mercado,
in a joint and several capacity, arising from a collision incident involving the truck owned by the petitioner while driven
by a certain Albert Mercado, and the mini Isuzu cargo truck of Guevarra.

Private respondent filed complaint for damages against the petitioner. A summon was issued by the court for
both parties but petitioner PORAC TRUCKING INC. failed to received the said summons, hence it was rendered
default. However, a certain Atty. Macalino appeared in court and filed a Motion for Leave to file Answer Beyond the
Reglementary period.

Subsequently another lawyer filed a Petition for Relief from Judgment on the ground of irregularity in serving
the summons resulting to violation of due process on the part of the petitioner which turns out the official counsel of
the petitioner. Atty. Macalino on the other hand, is the in house counsel of Rico General Insurance Company, the
insurer of PORAC TRUCKING INC.

Issue:

(1) Whether the Petition for Relief from Judgment on the ground of violation of due process has merit
(2) Whether the unsolicited appearance of Atty. Macalino is acceptable under the CPR.

Held:

(1) Yes. Petition is granted to avoid any possibility of infringement of due process.
(2) No. The unsolicited appearance of Atty. Rodolfo Macalino, in the absence of a client-lawyer
relationship with the petitioner corporation, is unbecoming of a member of the bar, to say the least