People v. Villanueva, G.R. No. L-19450

 

People v. Villanueva

G.R. No. L-19450             May 27, 1965        PAREDES, J.

Facts: 

The 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. Said accused was represented by counsel de officio but later on replaced by counsel de parte. The complainant in the same case 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. The condition of his appearance as such, was that every time he would appear at the trial of the case, he would be considered on official leave of absence, and that he would not receive any payment for his services. 

The counsel for the accused presented a "Motion to Inhibit Fiscal Fule from Acting as Private Prosecutor in this Case," this time invoking Section 32, Rule 27, now Sec. 35, Rule 138, Revised Rules of Court, which bars certain attorneys from practicing. Counsel claims that City Attorney Fule falls under this 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 engaged in private law practice.

Issue: 

Whether Atty. Fule violates the sec. 32 of Rule, 127, now sec. 35 Rule, 138?

Ruling: 

No. The court held that the isolated appearance as a private prosecutor, previously authorized by his superior, of an assistant city attorney in a criminal case for malicious mischief before a justice of the peace court where the offended party is his relative, does not violate Section 32, Rule 127, now Sec. 35, Rule 138, Revised Rules of Court, which bars certain attorneys from practicing.