780 Phil. 189; 112 OG No. 50, 8535 (December 12, 2016)
CARPIO, J.:
WHEREFORE, we DENY the motion for reconsideration of the Court's Resolution dated 24 November 2010 dismissing the complaint against Judge Antonio C. Lubao for being judicial in nature. We find REMBERTO C. KARAAN, SR. GUILTY of indirect contempt under Section 3(e), Rule 71 of the 1997 Rules of Civil Procedure and impose on him a Fine of Ten Thousand Pesos ( P10,000).In a Memorandum, dated 11 August 2015, the OCA referred to the Court the Report dated 9 March 2015 of Executive Judge Ma. Ofelia Contreras-Soriano of the Metropolitan Trial Court (MeTC) of Malabon, Presiding Judge Sheryll Dolendo Tulabing of Branch 56 of Malabon, and Assisting Judge John Voltaire C. Venturina of Branch 55 of Malabon concerning Karaan's continuing unauthorized practice of law. The report reads:
Let a copy of this Resolution be furnished all courts of the land for their guidance and information. The courts and court employees are further directed to report to the Office of the Court Administrator any further appearance by Remberto C. Karaan, Sr. before their sala.
SO ORDERED.[3]
x x x xThe OCA further informed this Court that Karaan received a copy of the Court's 20 June 2012 Resolution on 28 June 2012 as evidenced by Registry Receipt No. 4581. Karaan ignored the Court's Resolution. In a letter dated 11 May 2015, Atty. Lilian C. Barribal-Co, OCA Chief of Office, Financial Management Office, informed Atty. Wilhelmina D. Geronga (Atty. Geronga), OCA Chief of Office, Legal Office, that the records of their office showed that Karaan did not pay the fine of P10,000 imposed by the Court. In a letter dated 22 June 2015, Ms. Araceli C. Bayuga, SC Chief Judicial Staff Officer, Cash Collection and Disbursement Division, FMBO, likewise informed Atty. Geronga that the Official Cashbook showed that Karaan was not among those who made payments for Court fine.
As far as Malabon MeTC is concerned, there is only one remaining case involving Mr. Kara-an where he is the Plaintiff Civil Case No. 2022-99, entitled "Remberto C. Kara-an v. Gabriel Singson, et al." In this case, Mr. Kara-an was ordered by Judge Edward Pacis, then Acting Presiding Judge of Branch 55, to secure the services of a counsel de parte and if he cannot secure one, the Court referred him either to the Public Attorney's Office, the IBP or the UP Office of the Legal Aid. For a while, Mr. Kara-an seemed to abide by the Court Order as the Public Attorney's Office appeared for the plaintiff. However, on December 5, 2014, Mr. Kara-an filed a pre-trial brief on his own volition and without the assistance of Atty. Mark Anthony Articulo of the Public Attorney's Office even though Atty. Articulo or the Public Attorney's Office remained to be his counsel of record. Judge Sheryl Tulabing, before whom the case was then pending, denied the admission of the pre-trial brief, pursant to OCA Circular No. 69-2012, since the drafting and filing of such pre-trial brief constituted practice of law and Mr. Kara-an being already represented by counsel, has been expressly prohibited from engaging in the unauthorized practice of law. Instead, Judge Tulabing gave Atty. Articulo a period of twenty (20) days within which to submit plaintiff's pre-trial brief. Atty. Articulo complied and manifested that he was not consulted by the Plaintiff when the latter filed his pre-trial brief. But on February 18, 2015, Mr. Kara-an, again, on his own and without the assistance of Atty. Articulo, filed an "Ex-Parte Urgent Omnibus Motions, Manifestation, Oppositions, and Objections Among Others To: The attached Null and Void Order of the Honorable Presiding Judge Sheryll Dolendo Tulabing dated January 26, 2015 which is apparently Non-Existent in Contemplation of Law per Art. 5, Chapter 1, Civil Code of the Philippines." x x x.
1. for his repeated unauthorized practice of law, Mr. Remberto C. Kara-an, Sr. be once again cited for Indirect Contempt of Court;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.[4] The Court will not tolerate Karaan's temerity and disrespect to the Court and its processes by not paying the fine imposed on him in the Court's 20 June 2012 Resolution. However, while the OCA recommended that Karaan be sentenced to one month imprisonment at the Manila City Jail, the Court is giving Karaan one last chance to comply with the Court's 20 June 2012 Resolution but the Court is increasing the fine imposed on him to P15,000. Again, the Court takes into account Karaan's old age. This will be the last time that the Court is giving him such consideration, and the Court will not hesitate to impose more serious sanctions against him should he again defy this Court.
2. Mr. Kara-an, Sr. be sentenced to one (1) month imprisonment at the Manila City Jail and to pay a fine of One thousand Pesos (P1,000.00) with a Final Warning that a repetition of any of the offenses, or any similar or other offense against the courts, judges, or court employees will merit further and more serious sanctions;
3. Mr. Kara-an, Sr. be ordered to immediately pay the fine of Ten Thousand Pesos (P10,000.00) imposed on him in the Court's Resolution dated 20 June 2012. Otherwise the appropriate penalty of imprisonment as determined by the Court shall be imposed on him; and
4. Let an Order of Arrest be issued directing the National Bureau of Investigation (NBI) to arrest Mr. Kara-an, Sr. and put him at the Manila City Jail.
The Rules recognize the right of an individual to represent himself in any case in which he is a party. The Rules state that a party may conduct his litigation personally or by aid of an attorney, and that his appearance must be either personal or by a duly authorized member of the Bar. The individual litigant may personally do everything in the progress of the action from commencement to termination of the litigation. 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."Hence, Karaan was not engaged in the practice of law in filing the pleadings. However, since Karaan is already represented by counsel, the trial court is correct in requiring his counsel to file the pre-trial brief.
x x x x
The Court, however, notes the use of the disjunctive word "or" under the Rules, signifying disassociation and independence of one thing from each of the other things enumerated, to mean that a party must choose between self representation or being represented by a member of the bar. During the course of the proceedings, a party should not be allowed to shift from one form of representation to another. Otherwise, this would lead to confusion, not only for the other party, but for the court as well. If a party, originally represented by counsel, would later decide to represent himself, the prudent course of action is to dispense with the services of counsel and prosecute or defend the case personally.[6]