In Re Sycip and Ozaeta - Case Digest

PETITION FOR AUTHORITY TO CONTINUE USE OF THE FIRM NAME "SYCIP, SALAZAR, FELICIANO, HERNANDEZ & CASTILLO." LUCIANO E. SALAZAR, FLORENTINO P. FELICIANO, BENILDO G. HERNANDEZ. GREGORIO R. CASTILLO. ALBERTO P. SAN JUAN, JUAN C. REYES. JR., ANDRES G. GATMAITAN, JUSTINO H. CACANINDIN, NOEL A. LAMAN, ETHELWOLDO E. FERNANDEZ, ANGELITO C. IMPERIO, EDUARDO R. CENIZA, TRISTAN A. CATINDIG, ANCHETA K. TAN, and ALICE V. PESIGAN,petitioners. IN THE MATTER OF THE PETITION FOR AUTHORITY TO CONTINUE USE OF THE FIRM NAME "OZAETA, ROMULO, DE LEON, MABANTA & REYES." RICARDO J. ROMULO, BENJAMIN M. DE LEON, ROMAN MABANTA, JR., JOSE MA, REYES, JESUS S. J. SAYOC, EDUARDO DE LOS ANGELES, and JOSE F. BUENAVENTURA, petitioners.

Ponente: Melencio-Herrera These are 2 petitions regarding the two law firms mentioned in the title praying that they may retain the names of their former partners “Sycip” and “Ozaeta” who both passed away. Issue: Whether or not the two law firms may retain the names of their deceased partners. Ruling: The Court ruled that they should remove the names of the deceased partners for the following reasons: 1. Previous jurisprudence: The Court already ruled before in the Deen case that the name C.D. Johnston should be removed. There is also a later ruling that “Perkins” in Perkins & Ponce-Enrile should be removed. These decisions ride on the fact that Perkins and Johnston are dead. 2. Art 1815 of the Civil Code which states Art. 1815. Every partnership shall operate under a firm name, which may or may not include the name of one or more of the partners. Those who, not being members of the partnership, include their names in the firm name, shall be subject to the liability, of a partner.

which implies that the partner must be living for his/her name to be included. Heirs of the deceased cannot also be held liable or get a percentage (esp. if non-lawyers) because the “partner” being dead doesn’t give service anymore. 3. Practical obligations: A lawyer can just ride on the reputation of the old firm. 4. Law is a profession, not a business. A professional partnership rides on the individual skill of the members. Profession - a group of men pursuing a learned art as a common calling in the spirit of public service (def. by Dean Pound) CHARACTERISTICS THAT DISTINGUISH LEGAL PROFESSION FROM BUSINESS 1. A duty of public service, of which the emolument is a byproduct, and in which one may attain the highest eminence without making much money. 2. A relation as an "officer of court" to the administration of justice involving thorough sincerity, integrity, and reliability.

3. A relation to clients in the highest degree fiduciary. 4. A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients. 5.

In the Philippines, no local custom prevents or allows use of names of deceased in partnerships.

Holding: Petitions denied and petitioners are advised to drop the names but can be included in the listing of individuals who have become partners in the firms indicating years served. Concur: Fernando Dissent: Aquino – can be granted if indicated in letterhead that they are dead and the period served.

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