Kimteng Vs Young
Kimteng Vs Young
SECOND DIVISION
[ G.R. No. 210554, August 05, 2015 ]
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.
DECISION
LEONEN, J.:
A disbarred lawyer's name cannot be part of a firm's name. A lawyer who appears under a
firm name that contains a disbarred lawyer's name commits indirect contempt of court.
Through this Petition,[1] petitioners ask that law firm, Young Revilla Gambol & Magat,
and Judge Ofelia L. Calo (Judge Calo), be cited in contempt of court under Rule 71 of the
Rules of Court.[2] Anastacio Revilla, Jr. (Revilla) was disbarred on December 2009 in an
En Banc Resolution of this court in A.C. No. 7054 entitled Que v. Atty. Revilla, Jr.[3]
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 are the majority stockholders of
Ruby Industrial Corporation.[4]
The liquidation was raffled to Branch 211 of the Regional Trial Court in Mandaluyong
City,[7] presided by Judge Calo.[8]
Walter T. Young (Atty. Young), Jovito Gambol (Atty. Gambol), and Dan Reynald Magat
(Atty. Magat) are lawyers practicing under the firm, Young Revilla Gambol & Magat.[9]
They entered their appearance in the liquidation proceedings as counsels for the liquidator.
[10]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61380 1/16
8/28/24, 3:44 PM E-Library - Information At Your Fingertips: Printer Friendly
An Opposition[11] was filed against the appearance of Young Revilla Gambol & Magat on
the ground that Revilla was already disbarred in 2009.[12]
Young Revilla Gambol & Magat filed a Reply[13] to the Opposition stating that the firm
opted to retain Revilla's name in the firm name even after he had been disbarred, with the
retention serving as an act of charity.[14]
Judge Calo overruled the opposition to the appearance of Young Revilla Gambol & Magat
and stated that Atty. Young could still appear for the liquidator as long as his appearance
was under the Young Law Firm and not under Young Revilla Gambol & Magat.[15] Young
Law Firm does not exist.
Thus, petitioners 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 filed this
Petition under Rule 71 to cite respondents Atty. Walter T. Young, Anastacio E. Revilla, Jr.,
Atty. Jovito Gambol, Atty. Dan Reynald R. Magat, and Judge Ofelia L. Calo in contempt.
This court required respondents to comment on the Petition.[16] Respondent law firm
Young Revilla Gambol & Magat filed its Comment[17] on April 14, 2014, while
respondent Atty. Gambol filed a separate Comment.[18]
On April 16, 2014, petitioners filed a Motion for Leave to File Consolidated Reply.[19]
This was granted in the Resolution[20] dated June 18, 2014. In the same Resolution, this
court denied petitioners' Motion to Consider Case Submitted without Comment from
[Judge Calo][21] and ordered the parties to await Judge Calo's comment.[22]
Counsel for petitioners subsequently filed a Manifestation,[23] informing this court that
they have yet to receive a copy of Judge Calo's Comment.[24] No Comment was filed by
Judge Calo.
Petitioners cite San Luis v. Pineda[25] and United States v. Ney, et al.[26] to support their
argument that the use of a disbarred lawyer's name in the firm name is tantamount to
contempt of court.[27]
Private Respondents Atty. Young and Atty. Magat counter that they maintained Revilla's
name in the firm name for sentimental reasons.[28]
Atty. Young and Atty. Magat explained that they did not intend to deceive the public[29]
and that in any case, the retention of Revilla's name "does not give added value to the [law
firm] nor does it enhance the standing of the member lawyers thereof."[30]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61380 2/16
8/28/24, 3:44 PM E-Library - Information At Your Fingertips: Printer Friendly
Private respondents point out that the Balgos Law Firm is derailing the liquidation of
Ruby Industrial Corporation by filing this Petition for contempt because the Balgos Law
Firm resents that its nominee was not elected as liquidator.[32] Private respondents add that
petitioners have continuously blocked Ruby Industrial Corporation's unsecured creditors
from obtaining relief, as shown by the number of times that Ruby Industrial Corporation's
cases have reached this court.[33]
Private respondents also raise the issue of forum shopping in their Comment because
petitioners allegedly filed a disbarment Complaint against them before the Commission on
Bar Discipline, Integrated Bar of the Philippines. One of the grounds for disbarment cited
by petitioners was the use of Revilla's name in their firm name.[34]
Private respondent Atty. Gambol filed a separate Comment,[35] arguing that from the time
Revilla was disbarred, he no longer practiced law.[36]
Private respondent Atty. Gambol stated that he passed the 1990 Bar Examination but took
his oath in July 2006.[37] He is a junior member of the Young Revilla Magat & Gambol
law firm and "has no power and/or authority [to decide] who should be removed from the
firm's name[.]"[38]
Private respondent Atty. Gambol argues that in all the cases he handled after Revilla's
disbarment, he omitted Re villa's name from the firm name in the pleadings that he signed.
Such deletion was through his own initiative.[39]
Petitioners filed their Reply,[40] with petitioners addressing respondents' allegations that
they remained silent on the disbarment case they had filed by citing Rule 139-B, Section
18 of the Rules of Court,[41] which provides that:
....
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61380 3/16
8/28/24, 3:44 PM E-Library - Information At Your Fingertips: Printer Friendly
Petitioners argue that liability for contempt is separate from disciplinary action; hence, no
forum shopping was committed.[42]
Petitioners did not address private respondents' allegations regarding the delay in the
liquidation of Ruby Industrial Corporation.
First, whether private respondents Atty. Walter T. Young, Atty. Jovito Gambol, and Atty.
Dan Reynald R. Magat are in contempt of court when they continued to use respondent
Anastacio E. Revilla, Jr.'s name in their firm name even after his disbarment;
Second, whether private respondents Atty. Walter T. Young, Atty. Jovito Gambol, and Atty.
Dan Reynald R. Magat are in contempt of court for deliberately allowing a disbarred
lawyer to engage in the practice of law;
Third, whether private respondent Anastacio E. Revilla, Jr. is in contempt of court for
continuing to practice law even after disbarment;
Fourth, whether public respondent Judge Ofelia L. Calo is in contempt of court when she
held that respondent Atty. Walter T. Young can appear in court as long as it is under the
Young Law Firm, which is a non-existent firm; and
Lastly, whether the filing of this Petition despite the pendency of a disbarment complaint
before the Integrated Bar of the Philippines constitutes forum shopping.
II
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61380 4/16
8/28/24, 3:44 PM E-Library - Information At Your Fingertips: Printer Friendly
In this case, respondents committed acts that are considered indirect contempt under
Section 3 of Rule 71. In addition, respondents disregarded the Code of Professional
Responsibility when they retained the name of respondent Revilla in their firm name.
Rule 3.02. In the choice of a firm name, no false, misleading or assumed name
shall be used. The continued use of the name of a deceased partner is
permissible provided that the firm indicates in all its communications that said
partner is deceased.
Respondents argue that the use of respondent Revilla's name is "no more misleading than
including the names of dead or retired partners in a law firm's name."[44]
III
Maintaining a disbarred lawyer's name in the firm name is different from using a deceased
partner's name in the firm name. Canon 3, Rule 3.02 allows the use of a deceased partner's
name as long as there is an indication that the partner is deceased. This ensures that the
public is not misled. On the other hand, the retention of a disbarred lawyer's name in the
firm name may mislead the public into believing that the lawyer is still authorized to
practice law.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61380 5/16
8/28/24, 3:44 PM E-Library - Information At Your Fingertips: Printer Friendly
The use of a deceased partner's name in the firm name was the issue in the consolidated
cases Petition for Authority to Continue Use of the Firm Name "Sycip, Salazar, Feliciano,
Hernandez & Castillo" and In the matter of the Petition for Authority to Continue Use of
the Firm Name "Ozaeta, Romulo, De Leon, Mabanta & Reyes."[45] Petitioners prayed that
they be allowed to continue including Atty. Alexander Sycip's and Atty. Herminio Ozaeta's
names in their firm names.[46] This court denied the petitions, explaining that there is a
possibility of deception in the use of a deceased partner's name.[47] Also, Article 1815 of
the Civil Code[48] shows that the partners in a partnership should be "living persons who
can be subjected to liability."[49] Further, the use of a deceased partner's name is not a
custom in the Philippines.[50] On the contrary, the local custom shows that the firm name
usually identifies the senior members or partners of a law firm.[51] Justice Aquino
dissented, stating that:
I am of the opinion that the petition may be granted with the condition that it
be indicated in the letterheads of the two firms (as the case may be) that
Alexander Sycip, former Justice Ozaeta and Herminio Ozaeta are dead or the
period when they served as partners should be stated therein.
Obviously, the purpose of the two firms in continuing the use of the names of
their deceased founders is to retain the clients who had customarily sought the
legal services of Attorneys Sycip and Ozaeta and to benefit from the goodwill
attached to the names of those respected and esteemed law practitioners. That
is a legitimate motivation.
The retention of their names is not illegal per se. That practice was followed
before the war by the law firm of James Ross. Notwithstanding the death of
Judge Ross, the founder of the law firm of Ross, Lawrence, Selph and
Carrascoso, his name was retained in the firm name with an indication of the
year when he died. No one complained that the retention of the name of Judge
Ross in the firm name was illegal or unethical.[52]
The use of a deceased partner's name in a law firm's name was allowed upon the
effectivity of the Code of Professional Responsibility, with the requirement that "the firm
indicates in all its communications that said partner is deceased."[53]
On the other hand, this court has ruled that the use of the name of a person who is not
authorized to practice law constitutes contempt of court.
In San Luis v. Pineda, this court has held that "[n]eedless to say, [the] practice of law by
one who is disbarred constitutes contempt of court."[54] United States v. Ney, et al.
involved J. Garcia Bosque who was denied admission to the bar because he chose to
remain a Spanish subject during the cession of the Philippines under the Treaty of Paris.
[55] Bosque entered into an arrangement with Ney, a practicing attorney, and established
"Ney & Bosque."[56] Bosque did not personally appear in courts but the papers of their
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61380 6/16
8/28/24, 3:44 PM E-Library - Information At Your Fingertips: Printer Friendly
office were signed "Ney and Bosque-C.W. Ney, Abogado."[57] The matter was referred to
the then Attorney-General, and contempt proceedings were instituted.[58] At that time,
Section 232 of the Code of Civil Procedure defined contempt of court as:
This court found that Atty. Ney was in contempt of court and held that:
xxx
The lawyer's duty to prevent, or at the very least not to assist in, the
unauthorized practice of law is founded on public interest and policy. Public
policy requires that the practice of law be limited to those individuals found
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61380 7/16
8/28/24, 3:44 PM E-Library - Information At Your Fingertips: Printer Friendly
duly qualified in education and character. The permissive right conferred on the
lawyer is an individual and limited privilege subject to withdrawal if he fails to
maintain proper standards of moral and professional conduct. The purpose is to
protect the public, the court, the client, and the bar from the incompetence or
dishonesty of those unlicensed to practice law and not subject to the
disciplinary control of the Court. It devolves upon a lawyer to see that this
purpose is attained. Thus, the canons and ethics of the profession enjoin him
not to permit his professional services or his name to be used in aid of, or to
make possible the unauthorized practice of law by, any agency, personal or
corporate. And, the law makes it a misbehavior on his part, subject to
disciplinary action, to aid a layman in the unauthorized practice of law.[63]
(Citations omitted)
From the time respondent Revilla was disbarred in 2009, it appears that no efforts were
exerted to remove his name from the firm name. Thus, respondents Atty. Young and Atty.
Magat are held liable for contempt of court.
Rule 71, Section 7 of the 1997 Rules of Civil Procedure provides for the imposable
penalties for indirect contempt:
The writ of execution, as in ordinary civil actions, shall issue for the
enforcement of a judgment imposing a fine unless the court otherwise
provides. (Emphasis supplied)
In view of Rule 71, Section 7, a fine of P30,000.00 each is imposed on respondents Atty.
Young and Atty. Magat.
IV
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61380 8/16
8/28/24, 3:44 PM E-Library - Information At Your Fingertips: Printer Friendly
Law Firm's name in the pleadings that he (i.e. Private Respondent Gambol)
would subsequently file, Respondent Young allowed him to do so.[64]
This court recognizes respondent Atty. Gambol's effort to avoid misleading the public by
removing respondent Revilla's name in the pleadings he filed. Thus, the Complaint against
him is dismissed.
Petitioners included Revilla as a respondent, but they did not serve copies of the Petition
and subsequent pleadings upon him. Respondent Revilla also did not receive a copy of this
court's Resolution requiring respondents to comment. Thus, this court shall refrain from
ruling upon respondent Revilla's liability.
With regard to respondent Judge Calo, petitioners pray that she be cited in contempt for
allowing respondent Atty. Young's appearance as long as it was under the Young Law
Firm. A photocopy of the Order[65] was attached to the Petition. A portion of Judge Calo's
Order states:
Although this court grants the appearance of Atty. Walter Young for the
Liquidator, his appearance however shall be allowed only if in the name of the
Young Law Firm, managed by the said counsel, and not under the name of the
Law Firm of Young Revilla Gambol and Magat. This is to avoid any
misconception that a disbarred lawyer, Revilla, continues to practice law.[66]
Petitioners argue that respondent Judge Calo's Order is an indirect violation of "the
proscription against the participation of ... disbarred lawyer[s]"[67] in court. Further, the
Young Law Firm does not exist.[68]
Respondent Judge Calo was required to file a Comment on the Resolution[69] dated
February 24, 2014, but she did not comply.
From petitioners' allegations, it appears that respondent Judge Calo committed an error in
judgment when she allowed respondent Atty. Young's appearance under the Young Law
Firm. However, this Petition to cite respondent Judge Calo in contempt is not the proper
remedy. Maylas, Jr. v. Judge Sese[70] discussed the remedies available to litigants as
follows:
Now, the established doctrine and policy is that disciplinary proceedings and
criminal actions against Judges are not complementary or suppletory of, nor a
substitute for, these judicial remedies, whether ordinary or extraordinary.
Resort to and exhaustion of these judicial remedies, as well as the entry of
judgment in the corresponding action or proceeding, are prerequisites for the
taking of other measures against the persons of the judges concerned, whether
of civil, administrative, or criminal nature. It is only after the available judicial
remedies have been exhausted and the appellate tribunals have spoken with
finality, that the door to an inquiry into his criminal, civil or administrative
liability may be said to have opened, or closed.[71] (Citation omitted)
Whether petitioners availed themselves of judicial remedies was not stated in their
Petition. Nevertheless, this court cannot ignore the possible effect of respondent Judge
Calo's Order. Thus, the Complaint against respondent Judge Calo shall be re-docketed as
an administrative matter. Article VIII of the 1987 Constitution provides:
SECTION 11. . . . The Supreme Court en bane shall have the power to
discipline judges of lower courts, or order their dismissal by a vote of a
majority of the Members who actually took part in the deliberations on the
issues in the case and voted thereon.
Also, Rule 4, Section 3(a) of the Internal Rules of the Supreme Court[72] provides that the
administrative functions of this court include "disciplinary and administrative matters
involving justices, judges, and court personnel[.]"
VI
As to the allegation of forum shopping, petitioners do not deny that they filed a Complaint
for disbarment. They argue, however, that they did not mention the disbarment
proceedings against respondents in view of Rule 139-B, Section 18 of the Rules of Court,
which states that disbarment proceedings are private and confidential.[73] In addition, a
Petition for contempt under Rule 71 and a Complaint for disbarment are different from
each other.
The filing of a Complaint for disbarment before the Integrated Bar of the Philippines and
the filing of this Petition for contempt under Rule 71 do not constitute forum shopping.
Forum shopping has been defined as:
(a) identity of parties, or at least such parties as represent the same interests in
both actions;
(b) identity of rights asserted and relief prayed for, the relief being founded on
the same facts; and
(c) the identity of the two preceding particulars, such that any judgment
rendered in the other action will, regardless of which party is successful,
amount to res judicata in the action under consideration.[75]
This court has explained that disbarment proceedings are sui generis, and are not akin to
civil or criminal cases.[76] A disbarment proceeding "is intended to cleanse the ranks of the
legal profession of its undesirable members in order to protect the public and the courts."
[77]
Also, the Integrated Bar of the Philippines' findings are recommendatory, and the power to
sanction erring members of the bar lies with this court.[78]
The disciplinary authority of the Court over members of the Bar is broader
[than] the power to punish for contempt. Contempt of court may be committed
both by lawyers and non-lawyers, both in and out of court. Frequently, where
the contemnor is a lawyer, the contumacious conduct also constitutes
professional misconduct which calls into play the disciplinary authority of the
Supreme Court. Where the respondent is a lawyer, however, the Supreme
Court's disciplinary authority over lawyers may come into play whether or not
the misconduct with which the respondent is charged also constitutes contempt
of court. The power to punish for contempt of court does not exhaust the scope
of disciplinary authority of the Court over lawyers. The disciplinary authority
of the Court over members of the Bar is but corollary to the Court's exclusive
power of admission to the Bar. A lawyers [sic] is not merely a professional but
also an officer of the court and as such, he is called upon to share in the task
and responsibility of dispensing justice and resolving disputes in society. Any
act on his part which visibly tends to obstruct, pervert, or impede and degrade
the administration of justice constitutes both professional misconduct calling
for the exercise of disciplinary action against him and contumacious conduct
warranting application of the contempt power.[80] (Citations omitted)
WHEREFORE, respondents Atty. Walter T. Young and Atty. Dan Reynald R. Magat are
found in contempt of court for using a disbarred lawyer's name in their firm name and are
meted a fine of P30,000.00 each.
The Complaint against Atty. Jovito Gambol is DISMISSED. This is without prejudice to
any disciplinary liabilities of respondents Atty. Walter T. Young, Atty. Dan Reynald R.
Magat, and Judge Ofelia L. Calo.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61380 11/16
8/28/24, 3:44 PM E-Library - Information At Your Fingertips: Printer Friendly
The counsels are ordered to make the necessary amendments in relation to the use of the
disbarred lawyer's name including changes in their signage, notice of appearances,
stationeries, and like material within a period of five (5) days from receipt.
The Complaint against respondent Judge Ofelia L. Calo is also ordered re-docketed as an
administrative matter.
Let a copy of this Resolution be furnished the Office of the Bar Confidant, to be appended
to private respondents' personal records as attorneys, to the Integrated Bar of the
Philippines, and to the Office of the Court Administrator for their information and
guidance.
SO ORDERED.
[4] Rollo, p. 3.
[5] 665 Phil. 600 (2011) [Per J. Villarama, Jr., Third Division].
[7] Rollo, p. 7.
[8] Id. at 4.
[9] Id.
[10] Id. at 7.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61380 12/16