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People vs. Villanueva (14 SCRA 111)

Fiscal Fule was given permission to privately prosecute a case for malicious mischief as the relative of the complainant. The defendant claimed Fule, as a city attorney, was barred from private practice under Section 35, Rule 138. The court ruled that Fule's isolated appearance did not constitute private practice as defined in the Rules. Private practice requires frequent, customary actions or an active, continued practice of law as a source of livelihood. As Fule only appeared with permission in this one case for a relative, he did not violate the private practice prohibition.

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65 views1 page

People vs. Villanueva (14 SCRA 111)

Fiscal Fule was given permission to privately prosecute a case for malicious mischief as the relative of the complainant. The defendant claimed Fule, as a city attorney, was barred from private practice under Section 35, Rule 138. The court ruled that Fule's isolated appearance did not constitute private practice as defined in the Rules. Private practice requires frequent, customary actions or an active, continued practice of law as a source of livelihood. As Fule only appeared with permission in this one case for a relative, he did not violate the private practice prohibition.

Uploaded by

Xavierich Castañeda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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People vs.

Villanueva (14 SCRA 111)

FACTS:
Chief of Police of Alaminos, Laguna, charged Simplicio Villanueva with the Crime of malicious
mischief before the Justice of the Peace Court of said municipality. Complainant was
represented by City Attorney Ariston Fule of San Pablo City, having entered his appearance as
private prosecutor, after securing the permission of the Secretary of Justice, on the condition
that every time he would appear at the trial of the case, he would be considered on official
leave of absence and he would receive payment for his services.

The appearance of Fiscal Fule was questioned by the counsel of the accused, invoking the case
of Aquino, et al. vs Blanco, et al., wherein it was ruled that “when an attorney had been
appointed to the position of Assistant Provincial or City Fiscal and therein qualified, by
operation of law, he ceased to engage in private law practice.” Shortly after, JP issued an order
sustaining legality of Fiscal Fule’s appearance.

On January 4 1961, counsel for the accused presented a “Motion to Inhibit Fiscal Fule from
Acting as Private Prosecutor in this Case,” this time invoking Section 35, Rule 138 of the Revised
Rules of Court, which bars certain attorneys from practicing. Counsel claimed that Fiscal Fule
falls under that limitation.

The JP Court ruled on the motion by upholding the right of Fule to appear and further stating
that he (Fule) was not actually enagaged in private law practice.

ISSUES:
Whether Atty. Fule violated Section 35, Rule 138, which bars certain attorneys from practicing.

RULING:
Fisacal Fule, did not violate Section 35, Rule 138. The Court holds that Atty. Fule’s appearance
did not constitute private practice, within the meaning and contemplation of the Rules. Practice
is more than the isolated appearance, or it consists in frequent or customary action, a
succession of acts of the same kind. The word private practice of law implies that one must
have presented himself to be in the active and continued practice of the legal profession and
that his professional services are available to the public for compensation, as a source of his
livelihood or in consideration of his said services. It has never been refuted that City Attorney
Fule had been given permission by his immediate supervisor, the Secretary of Justice, to
represent the complainant in the case at bar, who is a relative.

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