GR 167886; (October, 2005) (Digest)
G.R. No. 167886 October 25, 2005
Land Bank of the Philippines vs. Pamintuan Development Co., represented by Mariano Pamintuan, Jr.
FACTS
The Department of Agrarian Reform Adjudication Board (DARAB) rendered a decision fixing the just compensation for respondent Pamintuan Development Company’s land. Petitioner Land Bank of the Philippines moved for reconsideration, which was denied. The order of denial was received on June 11, 2004. Previously, on June 4, 2004, Attorneys Engilberto Montarde and Felix Mesa filed a Notice of Entry of Appearance for the petitioner. Within the reglementary period, on June 15, 2004, these new counsels filed a Notice of Appeal. Respondent opposed, arguing the new lawyers lacked authority as there was no proper substitution of the former counsel of record, Piczon, Beramo & Associates.
ISSUE
Whether the DARAB gravely abused its discretion in denying due course to the Notice of Appeal filed by Attorneys Montarde and Mesa on the ground of lack of authority.
RULING
Yes, the DARAB committed grave abuse of discretion. Under Section 21, Rule 138 of the Rules of Court, an attorney is presumed to be properly authorized to represent a cause in which he appears, and no written power of attorney is required. This presumption is strong. While a court may require proof of authority upon a challenge, the lawyers here presented a Special Power of Attorney executed by LANDBANK’s Executive Vice President and subsequent memoranda from the Head of its CARP Legal Services Department confirming the authority to file the appeal. These documents constituted sufficient proof. The DARAB’s technical insistence on a formal substitution of counsel was misplaced. The rules should not be rigidly applied to frustrate the just determination of a case. Furthermore, any defect in authority was cured by petitioner’s vigorous ratification of the acts of its new counsels. Ratification retroacts to validate the previously filed Notice of Appeal. Therefore, the appeal was seasonably filed by duly authorized counsel and should be given due course.