The Supreme Court’s decision in Ciocon-Reer v. Lubao underscores the serious consequences of engaging in the unauthorized practice of law and defying court orders. Remberto Karaan, Sr., previously found guilty of indirect contempt for posing as an attorney, faced further penalties for continuing his unauthorized activities and failing to pay a fine imposed by the Court. This ruling reinforces the principle that respect for the legal profession and compliance with judicial directives are paramount, and violations will be met with appropriate sanctions.

When Defiance Meets Justice: The Price of Ignoring Court Mandates

The case originated from a complaint against Judge Antonio C. Lubao, which was dismissed. However, during the proceedings, it was discovered that Remberto C. Karaan, Sr., was engaging in the unauthorized practice of law. The Court initially found Karaan guilty of indirect contempt for assuming to be an attorney without authority, as defined under Section 3(e), Rule 71 of the 1997 Rules of Civil Procedure. The penalty for such contempt, when committed against a Regional Trial Court or higher, is a fine not exceeding P30,000 or imprisonment not exceeding six months, or both. In consideration of Karaan’s age and health, the Court imposed a fine of P10,000 instead of imprisonment and directed all courts to report any further appearances by him.

Despite the Court’s prior ruling, Karaan continued his unauthorized practice of law, prompting further action. A report from the Metropolitan Trial Court (MeTC) of Malabon detailed Karaan’s involvement in a civil case where he filed pleadings without the assistance of his counsel of record. Furthermore, it was discovered that Karaan had not paid the P10,000 fine imposed by the Court. The Office of the Court Administrator (OCA) recommended that Karaan be cited for indirect contempt once again, sentenced to imprisonment, and ordered to pay the outstanding fine.

The Supreme Court emphasized that its resolutions are not mere requests but mandates that must be fully obeyed. As stated in the decision:

The Court’s Resolution is not to be construed as a mere request from the Court and it should not be complied with partially, inadequately, or selectively.

The Court reiterated that failure to comply with its directives would not be tolerated. However, considering Karaan’s age, the Court opted to give him one last chance to comply with the 2012 Resolution, increasing the fine to P15,000. The Court warned that any further defiance would result in more severe sanctions.

A key issue in the case was whether Karaan’s actions in the civil case constituted the unauthorized practice of law. The Court referenced Santos v. Judge Lacurom, which recognizes a party’s right to self-representation under Section 34, Rule 138 of the Rules of Court. The Court clarified the scope of self-representation, quoting:

The Rules recognize the right of an individual to represent himself in any case in which he is a party… A party’s representation on his own behalf is not considered to be a practice of law as “one does not practice law by acting for himself, any more than he practices medicine by rendering first aid to himself.”

The Court clarified that Karaan, acting as the sole plaintiff in his case, was exercising his right to self-representation when filing pleadings on his own behalf. However, because Karaan was already represented by counsel, the trial court was correct in requiring that Karaan’s counsel file the pre-trial brief. The Court further emphasized that a party must choose between self-representation or being represented by counsel, and switching between the two is not permissible during the course of proceedings. This principle prevents confusion and ensures orderly legal proceedings.

The Court underscored the importance of respecting court orders and the legal profession. Karaan’s actions demonstrated a clear disregard for both, warranting the imposition of sanctions. The decision serves as a reminder that engaging in the unauthorized practice of law and ignoring court directives have serious consequences.

This case also highlights the limitations of self-representation. While individuals have the right to represent themselves in legal proceedings, they must adhere to the rules and procedures of the court. Once a party is represented by counsel, they must generally act through their counsel. This is crucial for ensuring that legal proceedings are conducted fairly and efficiently.

The Supreme Court’s decision in Ciocon-Reer v. Lubao is a cautionary tale about the importance of respecting the legal system and adhering to court orders. The case reiterates the principle that those who engage in the unauthorized practice of law and defy court directives will face appropriate sanctions. Moreover, the decision clarifies the scope of self-representation, emphasizing that parties must choose between representing themselves or being represented by counsel.

FAQs

What was the key issue in this case?	The key issue was whether Remberto C. Karaan, Sr., should be penalized for continuing to engage in the unauthorized practice of law and for failing to pay a fine previously imposed by the Supreme Court. The Court addressed the implications of defying its orders and the boundaries of self-representation.
What is indirect contempt of court?	Indirect contempt of court involves actions that disrespect the court’s authority or obstruct the administration of justice, such as assuming to be an attorney without proper authorization or disobeying court orders. These actions are typically punishable by fines or imprisonment.
What is the penalty for indirect contempt of court?	The penalty for indirect contempt varies depending on the court involved. For Regional Trial Courts or higher courts, the penalty is a fine not exceeding P30,000 or imprisonment not exceeding six months, or both. For lower courts, the penalty is a fine not exceeding P5,000 or imprisonment not exceeding one month, or both.
What is the rule on self-representation?	Section 34, Rule 138 of the Rules of Court allows individuals to represent themselves in legal proceedings. However, a party must choose between self-representation and representation by counsel; they cannot switch between the two during the course of the proceedings.
What constitutes the unauthorized practice of law?	The unauthorized practice of law involves performing acts considered to be the practice of law, such as filing pleadings and appearing in court on behalf of others, without being a duly licensed attorney. This is generally prohibited to protect the public and ensure competent legal representation.
What was the Court’s ruling in this case?	The Court ordered Remberto C. Karaan, Sr., to pay a fine of Fifteen Thousand Pesos (P15,000) for defying its previous order and warned him that further violations would result in more severe penalties. The Court also clarified that his actions in the civil case did not constitute unauthorized practice of law because he was representing himself.
Why did the Court increase the fine instead of imposing imprisonment?	The Court considered Karaan’s old age and health as mitigating factors. However, the Court made it clear that this was the last time such consideration would be given, and future defiance would result in more serious sanctions.
What should I do if I encounter someone engaging in the unauthorized practice of law?	You should report the matter to the Office of the Court Administrator or the Integrated Bar of the Philippines. Providing evidence of the unauthorized practice, such as documents or witness testimonies, will be helpful in the investigation.

The Ciocon-Reer v. Lubao case underscores the importance of adhering to court orders and respecting the boundaries of legal practice. The Supreme Court’s firm stance against defiance and unauthorized practice serves as a reminder that the legal system demands compliance and integrity. If you have questions about legal representation or compliance with court orders, seeking professional legal advice is essential.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: JUVY P. CIOCON-REER v. JUDGE ANTONIO C. LUBAO, AM OCA IPI No. 09-3210-RTJ, February 03, 2016