G.R. No. L-17217, August 6, 1920
In re: Mariano Jesus Cuenco (Suspension of Attorney)

FACTS:
On June 23, 1920, vacation Judge Nicolas Capistrano, acting in Tacloban, Leyte, issued an order requiring attorney Mariano J. Cuenco to appear before the Court of First Instance in Borongan, Samar, on June 28 to show cause why he should not be punished for contempt based on specified charges. The clerk of court sent a summons (with a 40-day period to answer) and a separate summons for the June 28 appearance via mail, and also telegraphed the sheriff of Cebu to compel Cuenco’s appearance. Cuenco was notified of the telegraphic order around June 25 or 26 but did not receive the mailed papers. He attempted to secure transportation to Borongan but could not find a vessel to arrive by the required date. On June 28, Judge Capistrano, noting Cuenco’s non-appearance, issued an order suspending him from the practice of law pending final disposition by the Supreme Court. The records were forwarded to the Supreme Court. The Attorney-General, after investigation, recommended that the suspension order be vacated and the case remanded to provide Cuenco an opportunity to defend himself.

ISSUE:
Whether the order suspending Atty. Mariano J. Cuenco from the practice of law is valid, considering the procedure followed and the notice given to him.

RULING:
No. The Supreme Court vacated the order of suspension. The Court held that the notice for Cuenco to appear and show cause why he should not be punished for contempt cannot be construed as notice for a proceeding to suspend him from the practice of law. These are distinct proceedings with different objects and procedures. Under Section 25 of the Code of Civil Procedure, a lawyer cannot be suspended without being given an opportunity to defend himself after reasonable notice. Cuenco was never notified that his suspension would be taken up. Furthermore, the proper procedure for transmitting contempt resolutions to the Supreme Court was not followed. The records were remanded to the Court of First Instance of Leyte with instructions that if suspension proceedings are warranted, the prescribed legal procedure must be followed, including notifying Cuenco of the charges and affording him an opportunity to defend himself.