SAN BEDA UNIVERSITY COLLEGE OF LAW Centralized Bar Operations: Mercantile Law Cotati r- 1 Uy ttt te A Legal and Judicial Ethics Volume 2 rayLEGAL ETHICS RHEV XANDRA ACUNA Subject Chair GERARD ANGELO T. DE JESUS Assistant Subject Chair DENNISSE IAN I. BONSATO Subject Electronic Data Processing SUBJECT HEADS Legal Ethics JARED RUIZ A. LIBIRAN Judicial Ethics ANNE CHRISTELLE A. SANTIAGO Legal Forms GERARD ANGELO T. DE JESUS SUBJECT MEMBERS CHARMAINE KEY C. AUREA KRISTOFFER MONICO S. NG MONIQUF-S. BUGNOSEN JUNNA LYNNE R. PANTINO ADVISERS Comm. RENE V. SARMIENTO.(_ *> BEDAN RED BOO LEGAL AND JUDICIAL ETHICS 1, LEGAL ETHICS A. PRACTICE OFLAW Concept Q: What is practice of taw? ANS: Practice of lav: is any activity, in.or.out.of court, which requires the application of law, legal procedure, knowledge, ‘training and experience. Generally, to practice law is to give advice or render any kindof service which advice or service requires the use in any degree of legal knowledge or skill-(Cayetano y. Monsod, G.R. No. 100113, September 3, 1931), : Q: What particularacts may fall within the meaning of practice of law? ANS: The practice oF law is not limited to the conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on, behalf of clients before judges arid courts, and in addition, conveying. In general, all advice to clients, and all action’ taken for them in matters connected with the! law-have been held to constitute law Zractice, as do the preparation and drafting of legal instruments, where the work done involves the determination by the trained legal mind of the legal effect of facts and conditions (Philippine Lawyer's Association v. Agrava, G.R. No. L-12426, Februdyy 16, 1959). Q: Is the practice of law a matter of right? ANS: No. The practice of law is-not-a right but a privilege bestowed by the Stale upon those who show that they possess, and-continue to possess, the qualifications required by law for the conferment_of such privilege:, Membership in the bar is a privilege burdened with conditions. A lawyer has the privilege and right to practice law only during good behavior, and can be deprived of it for misconduct ascertained and declared by judgment of the court after opportunity to be heard has been afforded him (Alcantara v. De Vera, A.C. No. 5859 (Resolution), November 23, 2010). Q: What is the nature of the practice of law? ANS: The practice of law is a profession in which duty to public service, not money, is the primary considcration. The practice of law is not a business. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profs. The gaining of 2 livelihood should be a secondary consideration. The duty to public service and to the administration of justice should be the primary consideration of lawyers, who must subordinate their personal interests or what they owe to themselves (Brunet v. Guaren, A.C. No. 10164 (Resolution), Merch 10, 2014), 7008 Q: What are the primary characteristics that distinguish the practice of law from business: ANS: The primary characteristics, which distinguish the legal profession from business, are the following: (DOF-CFU) 1. A Duly of public service, of which the emolument is a by-product, and which one may attain the highest eminence without making much mone: 2. Arelation as an “Officer of the court” to the administration of justice involving thorough sincerity, integrity, and reliability; 3. Arelation to the clients in the highest degree of Fiduciary; and 4. Arelation to colleagues 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 (In Re: Sycip, G.R. No. X92-1 (Resolution), July 30, 1979). Quolificatic 1e Practice of Law Q: Who may practice law? ANS: Any person heretofore duly admitted as a member of the oar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law (RULES OF COURT, RULE 138, Sec. 1). Q: What are the initial requirements for admission to the bar? ANS: The following are the requirements for admission to the bar: (GRACE-B-MAOS) 4. Of Good moral character; 2. Resident of the Philippines; 3. Atleast 21 years of Age; 4. Gitizen of the Philippines; iz 5. Must produce before the Supreme Court (SC).Satisfactory Evidence of good moral character; 6. Pass the Bar examinations (RULES OF COURT, Rt Secs. 7-14); 7. No charges, involving Moral turpitude, have been filed or-are pending against him in any court in the Philippines (RULES OF COURT, RULE 138, Sec. 2); 8, Must have complied with the Academic requirements under the law: a. Prelaw Education: i. Must have taken his or her bachelor's degree in an authorized and recognized university or college which requires for admission thereto the completion of a four-year high school course; ii, Must have pursued and satisfactorily completed in an authorized and recognized university or college the course of study prescribed therein for a bachelor's degree in arts or sciences; and b. Law Education: i. Successfully completed all the prescribed courses for the degree of bachelor of laws or its equivalent degree, in a law school or university officially recognized by the Philippine Government or by the proper authority in the foreign jurisdiction where degree was granted; ii, Must have satisfactorily completed the following courses in a law schooi or university duly recognized by the government: Civil Law, Commercia! Law, Remedial Law, Criminal Law, Public, and Private International Law, Political Law, Labor and Social Legislation, Medical Jurisprudence, Taxation and Legal Ethics (RULES OF COURT,RULE 138, Sec. 5 as amended by B.M. No. 1153); 9. Take the Lawyer's Oath (RULES OF COURT, RULE 138, Sec. 17); and 10. Sign the Roll of Attorneys (RULES OF COURT, RULE 138, Sec. 19) 70%BEDAN RED BOOK 2015 Q: May a Filipino citizen who graduated from a foreign law school be admitted to the bar examination? ANS: Yes. A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon submission to the Supreme Court of certifications showing: (CAF) 1. A.completion of ali Courses leading to the degree of Bachelor of Laws or its equivalent degree; Recognition or Accreditation of the law school by the proper authority; and Completion of all the Fourth year subjects of the Bachelor of Laws academic program in a law school duly recognized by the Philippine Government (RULES OF COURT, RULE 138, Sec. 5, as amended by B.M. No. 1153). 2h 3. Q: Is the act of signing in the Roll of Attorney an indispensable requirement for the practice of law? ANS: Yes. A bar passer who failed to sign the Roll of Attorneys is not a full-fledged member of the Philippine Bar, as it was the act of signing that would make him so. When, in spite of his know!edge, he chose to continue practicing law without taking the necessary steps to complete all the requirements for admission to the. Bar, he willfully engaged in the unauthorized practice of law (In Re: Petition.to Sign in the Roll of Attorneys. Michael A. Medado, B.M. No. 2540, September 24, 2013). Continuing Requirements Q: What are the continuing requirements for the practice of law? ANS: The following are the continuing requirements for the practice of law: (TIP-SM- GC) 1. Payment of Professional Tax; 2. Membership in the IBP; 3. Payment of IBP dues; 4. Good and regular Standing 5. Compliance with the Mandatory Continuing Legal Education (MCLE) - Requirements; (B.M. No. 850, October 2, 2001); 6. Possession of Good moral character; and 7. Compliance with the Citizenship Requirement. Q: What is Good Moral Character? ANS: Good moral character is what a person réally is, as distinguished from good reputation, or from the opinion génerally entertained of him, or the estimate in which he is held by the public in the place where he is known. Moral character is not a subjective term but one which corresponds to objective reality. Good moral character includes at least common honesty (In Re: Haron S. Meling, BM. No. 1154 (Resolution), June 8, 2004). Q: What is the nature of good moral character as a requirement to practice law? ANS: Good moral character is a continuing requirement. It is a requirement possession of which must be demonstrated not only at the time of application for permission to take the bar examinations but also, and more importantly, at the time of application for admission to the bar and to take the attorney's oath cf office (In re of the Admission to the Bar and Oath-Taking of Successful Bar Applicant Argosino, B.M. No. 712 (Resolution), July 13, 1995). Q: What is the scope of inquiry into the good moral character of a lawyer in a disbarment proceeding? ANS: All aspects of moral character and behavior may be inquired into in respect of those seeking admission to the Bar. The scope of such inquiry is, indeed, said to be properly broader than inquiry into the moral character of a lawyer in proceedings for 702Ew» disbarment. The reason for this is that the requirement of good moral character is, in fact, of greater importance so far as the general public and the proper administration of justice are concerned, than the possession of legal learning (In re the Admission to the Bar and Oath-Taking of Successful Bar Applicant Argosino, B.M. No. 712 (Resolution), July 13, 1995). Q: What are the four purposes of requiring Good Moral Character? ANS: The requirement of good moral character has four ostensible purposes namely: To protect the publi To protect the public image of lawyers; To protect prospective clients; and To protect orrant lawyers from themselves (Dantes v. Dantes, A.C. No. 6486, September 22, 2004). PENS Q: May a lawyer who lost his Philippines? 4 ANS: As a general rule, No. The loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines, The practice of !aw is a privilege denied to foreigners. : pino citizenship continue to practice law in the The exception is when Filipino citizenship, was. lost by reason of naturalization as a citizen of another country but was subsequently reacquired pursuant to R.A. No. 9225. Although he is also deemed never to have terminated his membership in the Philippine bar, no automatic right to resume law practice accrues (Petition for Leave to Resume Practice of Law, Benjamin M, Dacanay, B.M. No. 1678, December 17, 2007). Q: What are the conditions to be complied with for a Jawyer, who has reacquired his citizenship:in accordance with the Citizenship Retention, and Reacquisition Act of 2003 or R.A. No.9225 to resume his law practice? ANS: The following are the conditions for him to resume the practice’ of law: (UP-36-O) 1. The Updating and payment in full of the annual membership dues in the IBP; 2. The payment of Professional ta) 3. The completion of et least 36 credit hours of Mandatory Continuing Legal Education (MCLE) which is*especially significant to refresh the applicant/petilioner’s knowledge. of Philippine: laws and update him of legal developments; and 4. The retaking of the lawyers Oath not only remind him of his duties and responsibilities as a lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the Republic of the Philippines (Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay, B.M. Ne. 1678, December 17, 2007) Appearance of Non-lawyers Q: Who may appear before the court? ANS: Generally, only those who are licensed to practice law can appear and handle cases in court (RULES OF COURT, RULE 138, Sec. 1) Q: What are the exceptions to Rule 138, Sec. 1? ANS: The following are the exceptions to Rule 138, Sec. 1 1. Law Student Practice Rule (RULES OF COURT, RULE 138-A): 2. Instances when non-lawyers may appear in court (RULES OF COURT, RULE 138, Sec. 34; RULE 116, Sec. 7); 3. _ Instances when non-lawyers may appear in administrative tribunals; and 4. Appearance of non-lawyers before the Labor Arbiter and/or the National Labor Relations Commission (2011 NLRC RULES OF PROCEDURE, RULE I!!, Sec. 6). 703BEDAN RED BOO 2018 Low Student Practice (Rule 138-A) Q: What are the requisites under the Law Student Practice Rule? ANS: The law student: (3-ECAl) 1. Has successfully completed 3 year of the regular 4-year prescribed law curriculum; 2. Is Enrolled in a recognized law school's clinical legal education program approved by the Supreme Court; 3. Must appear without Compensation; 4, Mey Appear in any civil, criminal, or administrative case before any trial court, tribunal, board, or officer; and 5 Must represent Indigent clients accepted by the legal clinic of the law school (RULES OF COURT, RULE 138-A, Sec. 1); Q: Is the supervision of a licensed lawyer required during the appearance of the law student in courts? ANS: Yes. The student shall be under the direct supervision and control of a member of the IBP duly accredited by the iaw school, if he appears, in the RTC. However, in inferior courts, a law student may appear in his personal capacity without the supervision of a lawyer (In Re: Need That Law Student Practicing Under RULE 138-A Be Actually Supervised During Trial. Bar Matter No. 730, June 13, 1997): Q: How is “direct supervision and control” defined? ANS: The phrase “direct supervision and control” requires the physical presence of the supervising lawyer during the hearing (In Re: Need. That Law Student Practicing Under RULE 138-A Be Actually Supervised During Trial, Bar Matter No.-730, June 13, 1997). Q: What is the difference between the Law Student Practice Rulé (Rule 138-A) and Section 34, Rule 138 of the Rules of Court? ANS: The former rule provides for a condition when a law student may appear in court, while the latter rule allows the appearance of non-lawyer as a’party representing himself (Cruz v. Mijares, G.R. No: 154464, September-11, 2008). Non-lawyers in Courts and/or Administrative Tribunals Q: When may non-lawyers appear before the courts? ANS: A non-lawyer may appear before the courts in the following cases: Pee Gites | Municipal Trial Courts! A party may conduct his | In grave or less grave | Metropolitan Trial Courts! case or litigation in person | offenses, an accused | MCTCs. with the aid of an agent or | who is a layman must friend appointed by him | always appear by (RULES OF COURT, | counsel; he cannot RULE 138, Sec. 34) conduct his own defense, as his right Regional Trial Courts In any court other than the to counsel is, MTC, a party in a civil suit immutable. may conduct his litigation | Otherwise, there personally. But if he gets would be a grave someone to aid him, that | denial of due process someone must be a duly | (Hilario v. People, authorized member of the G.R. No. 161070, bar (RULES OF COURT, April 14, 2008). Rule 138, Sec.34) 704Unless, the parly is a| a. However, the | juridical person, such as a accused may corporation, it must defend himseff in | always appear in court person when it, through a duly licensed sufficiently | | member of the bar | appears to the ' (AGPALO, Legal and court that he can | Judicial Ethics, (2009), properly protect | | p.23) [hereinafter his rights without | | AGPALO, Legal and the assistance of | | Judicial Ethics) counsel (RULES | | OF COURT, Rule j 118, Sec. 1 (c)). b. The gravity of the offense and the difficulty of the questions —_ that may arise should be considered by | the court in | determining whether a | counsel de officio | should be ‘appointed or \\. counsel de parte 4 should be __ sfequired (RULES "OF COURT, Rule "116, Sec. 7). But in criminal cases before the | MTC, in a locality | | where a duly | Icensed member of | the Bar is NOT | available, the judge may appoint a non- | lawyer who is: (RPA) | 1. A Resident of that province; and 2. Of good repute for Probit, and Ability (RULES OF COURT, _ RULE | 116, Ses. 7) Q: What are the limitations on the appearance of non-lawyers before the courts? ANS: The following are the limitations on appearances of non-lawyers before the courts: 4. He should confine his work to non-adversarial contentions; 2. His services should not be habitually rendered; and 3. He should not collect attorney's fees (Philippine Association of Free Labor Unions (PAFLU) v. Binalbagan Isabela Sugar Co., G.R. No. 23959, November 29, 1971). 705 / LEGAL ETHICSBEDAN RED BOOK 2015 Q: When may a non-lawyer appear before the NLRC? ANS: A non-awyer may appear before the NLRC under any of the following circumstances: (POM-LOP) 1. He/she represents himself/herself as Party to the case; 2. Helshe represents a legitimate labor Organization which is a party to the case; 3. Helshe represents a Member or members of a legitimate labor organization that is existing within the employer's establishment, who are parties to the case; 4. Helshe is a duly accredited member of any Legal aid office recognized by the Department of Justice or IBP; or 5. _Helshe is the Owner or President of a corporation or establishment which is a party to the case (2011 NLRC RULES OF PROCEDURE, RULE Ill, Sec. 6, par. (b)). Proceedings where Lawyers are PROHIBITED from Appearing as Counsels Q: What are the proceedings where lawyérs’are prohibited from appearing? ANS: Lawyers are prohibited to appear in the following proceedings: (KI-SC) 1. In all Katarungang Pambarangay proceedings) where the parties must appear in person without the assistance of” counsel or representative, except for minors and incompetents who may.be assisted by their next-of-kin who are not lawyers (R.A. No,7160, Sec. 415); ; 2. Under the “The‘Indigenous People’s Rights Act of1997") the general rul that, lawyers ate prohibited to appear for any party'as counsel. The exception is when such lawyer-is-appearing-in-his/her capacity’ as ‘a member of the council.of elders or due to his/her obligation as member of the Indigenous People's community or for the purpose of defending or prosecuting his/her case: (Administrative\ Circular No.1, 8. 2003,/Sec. 10, pursuant to R.A, 6371, Section 44 (o)); and 3. Under. the Rule of Procedure for Small Claims Cases, nd aitorney shall appear in behalf of or represent.a party at.'he hearing, unless the attorney is the plaintiffior defendant. If the.court determines that a party cannot properly present his/her claim or defense-and needs assistance, the court may, in its discretion, allow another individual who is not’an attorney to assist that party upon the latter's consent (A.M, No. 08-8-7-SC, Sec: 17). Prohibited practice of non“lawyers and appearance without authority Q: When are lawyers required to present proof of representation? ANS: While a lawyer is not required to present proof of his representation, when a court requires that he show such authorization, it is imperative that he show his authority to act. A lawyer is not even required to present a written authorization from the client. In fact, the absence of a formal notice of entry of appearance will not invalidate the acts performed by the counsel in his client’s name. However, a court, on its own initiat ‘on motion of the other party may require a lawyer to adduce authorization from the client (Vilahermosa, Sr. v. Caracol, A.C. No. 7325 (Resolution), January 21, 2015) Q: What are the sanctions foi practicing ox appearing in court without authority? ANS: The following are the sanctions for appearing in court without authority: (SA- ICED) 1. Suspension (Tapay v. Bancolo, A.C. No. 9604, March 20, 2013; In Re: Petition to Sign in the Roll of Attomeys, B.M. No. 2540, September 24, 2013); 2. Administrative complaint against the erring lawyer or government official (Code of Professional Responsibility, Canon 9) {hereinafter CPR]; 3. Petition for Injunction; 706BEDAN RED BOOK 20% 4. Gontempt of Court (RULES OF COURT, RULE 138, Sec. 21; RULE 71, Sec. 3, Par. (e)); 5. Criminal complaint for Estafa against a person who falsely represented himself to be an attorney to the damage of a party (REVISED PENAL CODE, Art. 315); and 6. Disqualification and complaints for disbarment (RULES OF COURT, RULE 139). Q: What is the sanction against non-lawyers acting as lawyers? ANS: A person may be punished for indirect contempt for assuming to be an attorney or an officer of a court and acting as such without authority (RULES OF COURT, RULE 71, Sec. 3, par. (e)). Q: Who is a shyster? ANS: A shyster is an unscrupulous practitioner who disgraces his profession by doing mean work, and resorts to sharp practice to do it (Bailey v. Kalamazoo Pub. Co., 40 Mich. 251). ? Q: Are Shari'a Bar Passers lawyers? ANS: No. Shari'a Bar Passers are not-lawyers, because they are not full-fledged members of the Philippine Bar. They may only practice before Shari'a Courts. Both are counselors, but only the latter is an “attorney” (Alawi v.“Alauya, A.M. SDC-97-2-P, February 24, 1997). f = lic Officials and the practice of law; prohibitioy Q: What are the prohibitions or disquali attorneys? a ANS: A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which _he had intervened while in said service (CPR, RULE 6.03). Pa “ae Q: How is “matter” defined in Rule 6.032. ANS: It refers to any discrete, isolatable act as well as identifiable transaction or laws, or briefing abstract principles of law (PCGG v. Sandiganbayan, G.R. Nos. 151809- 12, April 12, 2005). Q: How is “intervene” defined in Rule 6.03? ANS: It only includes an act of a persen who has the power to influence the subject proceedings (PCGG v. Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005). Q: Whatis the difference between “Adverse-Interest Conflict” and “Congruent- Interest Conflict?” ANS: Adverse-inierest conflict exists where the matter in which the former government lawyer represents a client in private practice is substantially related to a matter that the lawyer dealt with while employed by the government and the interests of the current and former are adverse. On the other hand, congruent-interest representation conflict is unique to government lawyers and apply primarily to former government iawyers (PCGG v. Sandiganbayan, G.R. Nos. 151899-12, April 12, 2005). In congruent-interest representation conflict, the disqualification does not really involve a conflict at all, because it prohibits the lawyer from representing a private practice client even if the interests of the former government client and the new client are entirely parallel (Dissenting Opinion of Justice Callejo Sr., PCGG v. Sandiganbayan, G.R. Nos. 151809- 12, April 12, 2005). 707Q: What is the coverage of the restriction under Rule 6.03? ANS: The restriction covers matters in which the former government lawyer represents a client in private practice, which is, substantially related to a matter that the lawyer interfered with while employed by the government (PCGG v. Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005). Q: Are lawyers who are also public officials allowed to practice law? ANS: No. Under Sec. 7(b)(2) of R.A. No. 6713, otherwise known as the Code of Conduct and Ethical Stardards for Public Officials and Employees, in addition to acts and omissions of public officials and employees which are already provided by the Constitution and existing laws, public officials and employees during their incumbency, Shall not engage in the private practice of their profession unless authorized by the Constitution or law, provided that, such practice will not conflict or tend to conflict with their official functions. The professional concerned cannot practice his profession in connection with any matter before the office he used to be with for a period of 1 year after resignation, retirement, or sepajation from public office (Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees, or R.A. No. 6713, Rule X, Sec. 1 (c)). Q: For the purpose of assessing whether there isa violation of the restrictions imposed on public officials to practice law, what constitutes private practice of law? ANS: The practice of iaw by, attorneys employed in the government, to fall within the prohibition of statute has been interpreted as customarily or habitually holding one's self out to the public,.as a lawyer and demanding payment for such services. The appearance as counsel on one occasion, is not conclusiveas determinative of engagement in thé private practice of law. The word private practice of law implies that one must have’ presented himself to be in the active and continued practice of the legal profession and that his professional services are available to the public for a compensation, as a source of his livelihood or in consideration of his said services. For example, the isolated appearance as a private prosecutor, previously authorized by his superior, of an assistant city attomey in’a criminal case for schief 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 (People v. Villanueva, G.R. No. L-19450, May 27, 1965). Q: How is “public officials” defined? ANS: The term “public officiais includes elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount (R.A. No. 6713, Sec. 3, par. (b)). Q: Are all public officials prohibited to practice law? ANS: No. While certain local clective officials (like governors, mayors, provincial board members and councilors) are expressly subjected to a total or partial proscription to practice their profession or engage in any occupation, no such interdiction is made on the Punong Barangay and the members of the Sangguniang Barangay. Expressio unius est exclusio alterius. Since they are excluded from any prohibition, the presumption is that they are allowed to practice their profession. However, one should procure prior permission or authorization from the head of his Department, as required by the Civil Service Regulations (Catu v. Rellosa, A.C. No. 5738 (Resolution), February 19, 2008). 708Gaya} = fore) 4 Yb Q: Who are the public officials that are PROHIBITED from engaging in the practice of law? ANS: The following public officials are specifically not allowed to practice law: (’CLOGS-P*C) 1. Judges and other officials or employees of the superior court (RULES OF COURT, RULE 138, Sec. 35); Members of the Judicial Bar Council (CONST,, Art. IX-A, Sec. 2); Chairman and members of the Constitutional Commissions (CONST. Art. IX, Sec. 2); 4. Those who, by special Law, are prohibited from engaging in the practice of their legal profession, but if so authorized by the department head, he may, in an isolated case, act as counsel for a relative or ciose family friend (Noriega v. Sison, A.C. No. 2266, October 27, 1983). Ombudsman and his deputies (CONST. Art IX, Sec 8, par. (?)); Govemors, city, and municipal mayors (R.A. No. 7160, Sec. 90); Official and employees of the.Office of the Solicitor General (RULES OF COURT, RULE 138, Sec. 35); ? 8. Government Prosecutors (People, v. Villanueva, G.R. No. L-19450, May 27, 1965); 8 2 3. np oe 9. President, Vice-President, members of the Cabinet, their deputies and assistants (CONST. Art. Vil, Sec: 43)pand. 10. Givil service officers or employees whose diltiesrequire them to devote their entire time at the:disposal of theygovernment (Calu.v, Rellosa, A.C. No. 5738 (Resolution), February 19, 2008). fe fi ve\RESTRICTED right to practice law? Q: Who are the public officials who ha ; who are allowed 10. practice law with hw ANS: The following are® public official restrictions: (SM-RC) as t 1. Senators and Members of the House of Representatives, (CONST., Art. VI, ‘Sec. 14); east se 2. Members-of the Sanggunian (LGC, Sec. 90, par. (b))¥ 3. Retired Justices or Judges (9.4. 9946); and 4. Civil Service officers or employees whose duty does not require his entire time to be at the disposal of the ‘government, with written permit from their respective department heads (Rule XVIIl'of the"Revised Civil Service Rules, ‘Sec. 12). However, officials who by express mandate of the law are prohibited from practicing law, may not, even with the consent of the department head, engage in the practice of law (Zeta v. Malinao, A.M. No. ?-220, December 20, 1978). Q: What are the restrictions in the practice of law on members of the legislature? ANS: A lawyer-member of the legislature is prohibited from appearing as counsel before any courts of justice, electoral tribunals or quasi-judicial and administrative bodies. The word “appearance” includes not only arguing a case before any such body but also filing a pleading on behalf of a client as “by simply filing a formal motion, plea or answer" (Ramos v. Mafalac, G.R. No. L-2610, June 16, 1951). Neither can he aliow his name to appear in such pleading, by itself or as part of a firm name, under the signature of another qualified lawyer because the signature of an agent amounts to a signing of a non-qualified senator or congressman, the office of an altorney being originally of agency, and because he will, by such act, be appearing in court or quasi-judicial or administrative body in violation of the constitutional restriction. “He cannot do indirectly what the Constitution prohibits directly” (In Re: Felix David, A.C. No. 98, July 13, 1958). 709i Q: What are the restrictions in the practice of law on members of the Sanggunian under the Local Government Code (LGC)? ANS: The following are restrictions in the practice of law of Sanggunian members under the LGC: (C-CAP) 1. Appear as counsel before any court in any Givil case wherein a local government unit or any office, agency or instrumentality of the government is the adverse party; 2. Appear as counsel in eny Criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation tc his office; 3. Collect any fee for their appearance in Administrative proceedings involving the local government unit of which he is an official; and 4. Use Property and personnel of the government except when the Sanggunian member concemed is defending the interest of the government (LGC, Sec. 90, par. (b)). Q: What are the restrictions in the practice of law of rotired judges/justices? ANS: A retiring Justice or Judge’ of the courts mentioned jin this act, or his/her surviving spouse receiving the benefits of this. Act-during the time that he/she is receiving said pension, shall not appear a8.counsel before any court in: 1. Any civil case.wherein the Government-or any subdivision or instrumentality thereof is the adverse party; 2. Any criminal-case wherein an incumbent or former officer or employee of the Government is accused of an.pffense committed in relation to his/her office; or 3. Collect any fee fer his/her appearance in any administrative proceedings to maintain-an interest to the Government, national, provincial or municipal, or to any of its legally constituted officers (R.A. No,'9946, Sec:-1), Q: What are the rrestrictions'in the practice of/law on civil service employees whose duty does not require. their entire time to be at the disposal of the gover-iment? ANS: Civil service employees whosé-duty-does: not require their entire time to be devoted to the government may not engage in the practice of law without the written permit from the head of the depariment concerned..However, government officials who, by express mandate of the law, aré prohibited from practicing law, may not, even with the consent of the department head concerned, engage in the practice of law (Rule XVIII of the Revised Civil Service Rules, Sec. 12); but if'so authorized by the department head, he may, in an isolated case, act as’counsel for a relative or close family friend (People v. Villanueva, G.R. No. L-19450, May 27, 1965). Q: May the Solicitor General represent a public official at a criminal case? ANS: No. The Solicitor General is not authorized to represent a public official at any state of a criminal case (DIZON, Basic Legal Ethics, (2017), p. 81). Q: May a lawyer who holds a government office be disciplined as a member of the Bar for misconduct in his duties as a government official? ANS: Generally, a lawyer who holds a government office may not be disciplined as a member of the Bar for misconduct in the discharge of his duties as a government official. He may be disciplined by this Court as a member of the Bar only when his misconduct also constitutes a violation of his oath as a lawyer (Olazo v. Tinga, A.M. No. 10-5-7 SC, December 7. 2010) 710 | |Ba). ass svere): Low) rt VOL 2. AM 2019 f, do solemnly swear that | will maintain allegiance to the Republic of the Philippines; | will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; | will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and | impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God. Q: What is the significance of the lawyer's oath? ANS: The significance of the oath is that it does not only impress upon the attorney his responsibilities, but it also stamps him as an officer of the court with rights, powers, and duties as important as those of the judges themselves. The lawyer's oath is a source of obligations and its violation is a ground for'suspension, disbarment or other disciplinary action (De Guzman v. De Dios, A.C, No. 4943 (Resolution), January 26, 2001). Q: Is the lawyer's oath a requirement for admission to the bar? ANS: Yes. An applicant who has passed the recuireo examination or has been otherwise found to be entitled to. admission t0 the'bar,, shall take and subscribe before the Supreme Court the corresponding oath of office: (RULES OF COURT, RULE 138, Sec. 17). The Oath is thus a prerequisite to the admission to the practice of law, while the signing in the Roll is the last act that finally signifies membership in the bar, giving the applicant the right to call himself “atforney" (In Re: Petition to take the Lawyer's Oath, B.M. No. 1209, July 1, 2003). > f ‘ B. DUTIES AND RESPONSIBILITIES OF ALAWYER UNDER THE CODE OF PROFESSIONAL RESPONSIBILITY = = Q: What are the duties and responsibilities of a lawyer under the ROC? ANS: The duties and responsibilities of-a lawyer under Sec. 20 of Rule 138 are: (C?A°R°E’D) —— +. To Counsel and maintain such actions of. proceedings only as appear to him to be just, and such defenses only as he believes to’be honestly debatable under the law; 2. To maintain inviolate the Confidence, and at every peril to himself, to preserve the secrets in connection with his client, and to accept no compensation in connection witn his client's business except from him or with his knowledge and approval; 3, To maintain Allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of tie Philippines; 4. To Abstain from all offensive personality ard to advance no fact prejudicial to the honor and reputation of a party or witness, unless required by the justice of the cause with which he is charged; 5. To observe and maintain the Respect due to the courts of justice and judicial officers; 6. Never to Reject, for any consideration personal to himself, the cause of the defenseless or oppressed; 7. To Employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth ang honor, and never seek to mislead the judge or any judicial officer by an artifice oF false statement of fact or law: 8 Not to Encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, for any corrupt motive or interest; and Thi> BEDAN RED BOOK - V4 3 9. In the Defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. Q: What are the four-fold duties of a lawyer? ANS: The duties of a lawyer are grouped into four, the principal ones in each group being: (SLCC) 1. Duties to Society - to uphold the Constitution, obey the laws of the land and promote respect for the law and legal processes (CPR, Chapter 1); 2, Duties to the Legal profession -to uphold the dignity, and integrity of the legal profession (CPR, Chapter 2); 3. Duties to the Courts — to be candid with and promote respect for the courts and judicial officers, and assist the courts in rendering speedy and efficient Justice (CPR, Chapter 3); and 4, Duties to the Client — to observe.candor, fairness and loyalty to the client; hold the client's money and'property in trust; Sérve the client with competence and diligence; and, to preserve the confidence of the'client (CPR, Chapter 4). To Society (Canons J~6) ! Canon 1: Duty to Respect the Laws and Legal Processes Canon 1: A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes, Rule 1.01: A lawyer shall not engage in unlawful, dishonest, immioral or deceitful conduct. Vit Q: What is a lawyer’s primary duty to society? i ANS: The lawyer's primary duty to society or to the Stale is to uphold the Constitution, Obey the laws of the land and promote respect for law and legal processes (CPR,- Canon 4) i |Z / j Q: What is “unlawful conduct?” ANS: Itis the transgression of any provision of law, which need not be a penal law. The presence of evil intent on.the part of the lawyer is. iot essential in order to bring his act or omission within the terms-of this Rule (Re: Report on the Financial Audit Conducted on the Books of Accounts of Atfy."Raquél Kho,-A:M. No. P-06-2177 (Resolution), April 13, 2007) Q: What is an “immoral conduct?” ANS: It is a conduct which is willful, flagrant, or shameless, and which shows a moral indifference to the opinion of the good and respectable members of the community (Perez v. Katindig, A.C. No. 5816, March 10, 2015). Q: What degree of immorality may cause the disbarment or disciplinary action against a lawyer? ANS: For immorality to be a ground for disciplinary action, it must not only be merely immoral but also grossly immoral. Immoral conduct is gross when it is o corrupt as to Constitute a criminal act, or so unprincipled as to be reprehensible to a high degree, or when committed under such scandalous or revolting circumstances as to shock the community's sense of decency (Perez v. Katindig, A.C. No. 5816. March 10, 2015) 712BE RED BOO Q: The rule states that a lawyer shall not engage in an immoral conduct, should a lawyer then be disbarred by engaging in premarital sex? ANS: No. Engaging in premarital sexual relations with complainant and promising to marry suggest a doubtful moral character on his part but the same does not constitute gross immoral conduct. The court has held that to justify suspension or disbarment, the act complained of must not only be immoral but grossly immoral (Figueroa v. Barranco, Jr, SBC Case No. 519 (Resolution), July 31, 1997). Rule 1.02: A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Rule 1.03: A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause. Q: What is “Barratry?” ANS: It is the offense of frequently exciting and stirring up quarrels and suils, either at law or otherwise (Black's Law Dictionary; fifth ed., citing State v. Batson N.C. 4121). The person who, engages in barratry, is called a barretor or barrater. Q: What is “Maintenance?” : ANS: It is the wanton and inofficious intermeddling in the disputes of others in which the intermeddler has no interest whatever, and where the/assistance rendered is without justification or excuse (The Conjugal Partnership of Sps. Cadiavedo v. Lacaya, G.R. No. 173188, January 15, 2014). F It is the intermeddling of an uninterested party to encourage a lawsuit. It is a taking in hand, a bearing up or upholding of quarrels,or sides, to the disturbance of the common right (FUNA, Lega! and Judicial Ethics: With Bar Examination, Questions, (2009), p. 45) hereinafter FUNA, Legal and Judicial Ethics) i Q: What is “Ambulance Chasing?” = r ANS: The solicitation of almost any kind of legal business by an attorney, personally or through an agent in order to gain employment iLinsengan v. Tolentino (Resolution), A.C. No. 6672, September 4, 2009). : Rule 1.04: A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. Q: What laws or rules encourage or promote amicable settlement between the parties? ANS: The following mandates the parties to consider the possibility of amicable settlement 1. Sec. 2, Rule 18 on Pre-trial; 2. LGC (Barangay Conciliction Proceedings); and 3. Judicial Dispute Resolution (JOR). Canon 2: Duty to Make Legal Services Avcilable to the Public Canon 2: A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence. integrity and effectiveness of the profession (CPR). Rule 2.01: A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. 713BEDAN RED BOOK 2018 Q: When should a lawyer decline an employment? ANS: A lawyer should decline professional employment regardless of how attractive the offer may be if his acceptance will involve: 1. A violation of any of the rules of the legal profession; 2. Advocacy in any matter in which he had intervened while in the government service (PCGG v. Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005).; 3. _Nullification of a contract which he prepared (Bautista v. Barrios, A.C. No. 258, December 21, 1963); 4. Employment with a collection agency, which solicits business to collect claims; 5. Employment, the nature of which might easily be used as a means of advertising his professional services or his skill (Ulep v. Legal Clinic, Inc., B.M. No. 553, June 17, 1993); or 6. Any matter in which he knows or has reason to believe that he or his partner will be an essential witness for the prospective client (Santiago v. Rafanan, A.C. No. 6252, October 5, 2094). Rule 2.02: In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal adviceto the person concerned jf only to the extent necessary to safeguard the latter’s rights: Rule 2.03: A lawyer shall not do.or permiit to be done any act designed primarily to solicit legal business: Q: What is the best form of advertisement of a lawyer? ANS: A lawyer's -best advertisement is “a well-merited reputation, for professional capacity and fidelity!to trust based on his character and, conduct (Linsangan v. Tolentino, A.C} No..6672 (Resolution), September 4, 2009). 7 Q: May a lawyer, promote his services through commercial advertisements? ANS: No. It is highly unethical’ for an attorney to advertise his talents and skills as a merchant advertises his, wares. Law is a profession and not a trade. The gaining of livelihood should be a sécondary consideration The duty’to public service and to the administration of justice should: be the; primary consideration of lawyers, who must subordinate their personal interests or what they owe to themselves (Burbe v. Magulta, A.C. No. 5713, June 10,.2002)...~ Q: What is the rationale of the.prohibition? ANS: The following are the reasons why the rules prohibit solicitation: The profession is primarily for public service; Solicitation commercializes the profession; Itinvolves self-praise and puffing; It damages public confidence; and It may increase lawsuits and result in needless litigation (AGPALO, Legal and Judicial Ethics, supra at 119). geen Q: Are lawyers absolutely prohibited from advertising their services to the public? ANS: No, The solicitation of legal business is not altogether proscribed. However, for solicitation to be proper, it must be compatible with the dignity of the legal profession. If it is made in a modest and decorous manner, it would bring no injury to the lawyer and to the bar. Thus, the use of simple signs stating the name or names of the lawyers, the office and residence address and fields of practice, as well as advertisement in legal periodicals bearing the same brief data, are permissible. Even the use of calling cards is now acceptable. Publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canon, of brief biographical and informative data is. likewise allowable (Khan, Jr. v Simbillo, A.C. Nos. 5299 & 157053 (Resolution), August 19, 2003). 714Q: What are other permissible forms of advertising or solicitation? ANS: The following are considered as permissible advertising or solicitation: 1. Engaging in business or other occupations except when such could be deemed improper, be seen as indirect solicitation or would be the equivalent of law practice; 2. Law lists, but only brief biographical and informative data; 3. Ordinary professional cards, 4. Notice to other local lawyers and publishing in a legal journal of one's availability tc act as an associate for them; 5. The offer of free legal services to the indigent, even when broadcasted over the radio or tendered through circulation of printed matter to the general public; 6. Seeking a public office, which can only be held by a lawyer or, in a dignified manner, a position as a full-time corporate counsel; 7. Simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession; 8. Listing in a phone directory, but not under a designation of a special branch of law; and 7 9. Activity of an association for the: purpo: Legal and Judicial Ethics, supra at-119- of legal representation (AGPALO, 3). Rule 2.04: A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. formed of the rates of Q: May a lawyer offer his-rates to obtain work after being another lawyer? j \ ANS: No. Rule 2.0401 the CPR provides that “a lawyer shalll not charge rates lower than those customarily prescribed unless the circumstances so warran” Lawyering is not primarily meant to be a money-making venture, and.law,advocacy.i$.not as capital that necessarily yields profits: It is a profession in which duty to public service, not money, is the primary consideration (Canlas v. CA, GiR. No. L-77691, : gust 8, 1988). Canon 3: Duty to Observe True, Honest, Fair, Dignified, and Objective Information, on Legal Services "ey Canon 3: A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. Rule 3.01: A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. Rule 3.02: In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said Partner is deceased. Rule 3.03: Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name uriess the law allows him to practice law concurrently. Rule 3.04: A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legai business. 715VOL 2. 2019 ~ BEDAN RED BOOK Q: May a jaw firm still use the name of its deceased partner in its name? ANS: Ifa partner died, the name of the deceased may still be used by the firm, provided that, in all communications of the law firm, there is an indication that the said partner is already deceased (CPR, Rule 3.02). The use of cross after the name of the deceased partner is a sufficient indication. It is advisable that the year of death be also indicated (FUNA, Legal and Judicial Ethics, supra at 66). Canon 4: Duty to Take Part in the Improvement of the Legal System Canon 4: A lawyer shall participate in the development of the legal system by initiating or supporting efforts in law reform and in the improvement of the administration of justice. Canon 5: Duty to Keep Abreast with Legal Developments Canon 5: A lawyer shall keep abreast of legal developments; participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the-practical training of law students and assist in disseminating the law and jurisprudence. Q: What are the completion requirements of MCLE? ANS: Members of, the.IBP,-unless.exempted.under Rule.7 of B.M. No. 850, shall complete 3 years at least 36 hours of continuing legal education activities (B.M. No. 850, RULE 2, Sec. 2) Z Canon 6: Duties of Lawyers Employed in the Government . Canon 6: These canons shall apply to lawyers in government services in the discharge of their. official tasks. } Rule 6.01: The primary duty of a lawyer engaged in public’prosecution is not to convict but to-see ‘that justice is done. The suppression of facts or the concealment of witnesses capable of establishing ‘the innocence of the accused is highly reprehensible and is cause for disciplinary action. Q: What is the primary duty ofa public prosecutor? ANS: The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done (CPR, RULE 6.01). He should see to it that the accused is given fair and impartial trial and not deprived of any of his statutory or constitutional rights. He should recommend the acquittal of the accused whose conviction is on appeal, if he finds no legal basis to sustain the conviction (Trieste v. Sandiganbayan, G.R. No. 70332-43, November 13, 1986). Q: Is the presence of the public prosecutor required in every criminal proceeding? ANS: Yes. All criminal actions either commenced by complaint or by information shall be prosecuted under the diection and control of a public prosecutor. However, in case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court (RULES OF COURT, RULE 110, Sec.4, as amended by A.M. No. 02-2-07-SC). Rule 6.02: A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the Jatter to interfere with his public duties 716EDAN RED BOOK Rule 6.03: A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service. (Please refer to the previous discussion on public officers engaged in the practice of law.) To the Legal Profession (Canons 7-9) Canon 7: Duty to Uphold the Dignity and Integrity of the Profession Canon 7: A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the integrated bar. Rule 7.01: A lawyer shall be answerable for knowingly making a false statement or suppressing a materiai fact in connection with his application for admission to the bar. Q: Who has the burden of proof to show qualifications in admission to the bar? ANS: The applicant has the burden of proof. By asking admission tc the practice of law, an applicant puts in issue all his qualifications.and assumes the burden of proof to establish all those qualifications to the: satisfaction. of the court (Rosencranz v. Tidrinyton, 193 Ind, 472, 141 N.E. 58). Te Q: What are the consequences of knowingly making a false statement or suppression of material fact in the application for admission to the bar? ANS: The following are the consequences if one has knowingly made a false stetement or suppressed a material fact in his application for admission to the bar: 1. Ifthe false statement or suppression of material facts is discovered before the candidate could take the bar examinations, he will be denied permission to take the examinations; a 2. Ifthe false statement or suppression of material facts was discovered after the candidate had passed the examinations but before taking his oath, he will not be allowed to take his oath as a lawyer: 3. Ifthe discovery was made after the candidate had taken his oath as a lawyer, his name will be stricken from the Roll of Attorneys (PINEDA, Legal Ethics Annotated, (2009), p.117) {hereinafter PINEDA, Legal Ethics). Q: May a lawyer be denied admission to the bar on the ground that he failed to disclose in his application that he was married because he believed that his marriage was void from the beginning? ANS: Yes. The Court held that a lawyer's declaration in his application for Admission to the 1981 Bar Examinations that he was "single" was a gross misrepresentation of a material fact made in utter bad faith, for which he should be made answerable. Rule 7.01, Canon 7, Chapter Il of the CPR explicitly provides: "A lawyer shall be answerable for knowingly making a false statement or suppressing of a material fact in connection with his application for admission to the bar" (Leda v. Tabang, A.C. No. 2505. February 21, 1992). Q: May a lawyer be denied admission to the bar on the ground that he failed to disclose in his application that he had been previously charged of the crime of less serious physical injuries? ANS: Yes. When the applicant conceals a charge of a crime against him, regardless of the fact that the crime does not involve moral turpitude, it is still a ground for revocation of his license to practice law. It is the fact of concealment and not the commission of the 717Sena ee A 35 crime itself that makes him morally unfit to become a lawyer. When he made concealment, he perpetrated perjury (in Re: Lanuevo, A.M, No. 1162, August 29, 1975). Rule 7.02: A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character, education, or other relevant attribute. Rule 7.03: A lawyer shall not engage in conduct that adversely reflects on his fitness to practice lav, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. Q: Why is there no distinction on the nature of the conduct of the lawyer? ANS: There is no distinction because any gross misconduct committed by a lawyer whether in his professional or in his private capacity is a ground for the imposition of the penalty of suspension or disbarment since a goad character is an essential qualification for the admission to and continued practice of law (Sosa v. Mendoza, A.C. No. 8776, March 23, 2015). Q: Are all sexual relations grossly immoral? ANS: No. It has been heid that the mere fact of sexual relations between two unmarried adults is not sufficient: to warrant~administrative sanction for such illicit behavior. However, it is not so-with respect to betrayal of the marital’ vow of fidelity. Sexual relations outside marriage is considered disgraceful and immoral as it manifests deliberate disregard of the sanctity of marriage and the marital vows protected by the Constitution and affirmed by our laws (Vitug v. Rongcal, A.C. No. 6313, September 7, 2006). i Canon 8: Duty of Courtesy, Fairness and Candor Towards Professional Colleaques Canon 8: A lawyer shall conduct himself with courtesy, fairness and candor towards his professional colleagues, and shall avoid harassing tactics against opposing counsel. Rule 8.01: A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. Q: Is the lack of intent to disrespect a judge or judicial officer an excuse for the use of disrespectful language by a lawyer? ANS: Generally, No. Lack or want of intention is no excuse for the disrespectful language employed. Counsel cannot escape responsibility by claiming that his words did not mean what any reader must have understood them as meaning. (Rheem of the PHL v. Ferrer, G.R. No. L022979, January 27, 1967). However, in the following instances, lack of intent to disrespect may be an excuse: 1. Statements made in the course of judicial proceedings, including all kinds of pieadings, petitions, and motions, are absolutely privileged regardless of the defamatory tenor and of the presence of malice. provided it is relevant pertinent, or material to the cause of the subject or inquiry (Tolentino v. Baylosis, G.R. No. L-15742, January 31, 1961) 2. Utterances made out of impulse in the course of an argument may be forgiven and should not be penalized (Cruz v. Cabrera, A.C. No. 5737). 3. Strong language used by an attorney as a reply to the insulting remarks of & judge. If a judge desires not to be insulted, he should start using temperate language himself (Fernandez v. Bello, G.R. No, L-14277, April 30, 1960). 718VOL 2. 2019 BEDAN RED BOOK Rule 8.02: A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. @: Can a lawyer negotiate with the opposing party without the knowledge of such party's counsel? ANS: No. As a rule, a lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him, but should deal with his counsel. Negotiating with the opposing party without the knowledge of said party's counsel is an inexcusable violation of the canons of professional ethics and in utter disregard of a duty owing to a colleague (Camacho v. Pangulayan, A.C. No. 4807, March 22, 2000). Q: Can a lawyer interview any witness or prospective witness of the opposing party without the consent of the opposing counsel or party? ANS: Yes. A lawyer may properly interview any witness or prospective witness for the ‘opposing side in any civil or criminal action'without the consent of the opposing counsel or party. But he should avoid any suggestion calculated to induce the witness to suppress or deviate from the truth or affect his free conduct of trial (CANON OF PROFESSIONAL ETHICS, Canon 39). Q: If a client approaches a lawyer seeking relief from the acts of his neglectful lawyer, what should be the advice of the lawyer? ANS: The lawyer can advise her client to terminate the seryices of the neglectful lawyer and/or file an administrative case against the latter. Rule 8.02 of the CPR provides that a lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or rz glectful counsel. Canon 9: Duty to Prevent Unauthorized Practice of Law _ Canon 9: A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law. af Q: What is unauthorized practice of law? ANS: The act of a person, who is not a lawyer, of holding himself out as a lawyer shown by acts indicative of thai purpose like identifying oneself as attorney, appearing in court in representation of a client, or associating oneself as a partner of a law office for the general practice of law. Such acts constitute unauthorized practice of law (Cambaliza v. Cristal-Tenorio, A.C. No. 6290 (Resolution), July 14, 2004). Rule 9.01: A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing. Note: “Unqualified person’ is noi limited to non-lawyers but also to lawyers who are not in good standing and lawyers who are unqualified (FUNA, Legal and Judicial Ethics supra at 123). Q: When can a lawyer employ the services of another? ANS: Lawyers can employ lay secretaries, lay investigators, lay detectives, lay researchers, accountants or non-lawyer draftsmen, to undertake any task not involving practice of law (AGPALO, Legal and Judicial Ethics, supra at 116) 9EDAN RED BOOK 2015 Q: May a lawyer divide the fee for legal services with non-lawyers? ‘ANS: A iawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: (PUR) 1. Where there is a Pre-existing agreement with a partner or associate that, upon the latter’s death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; 2. Where a lawyer Undertakes to complete unfinished legal business of a deceased lawyer; or 3. Where a lawyer or law firm includes non-lawyer employees in a Relirement plan even if the plan is based in whole or ip part, on a profit-sharing agreement (CPR, RULE 9.02). Integrated Bar of the Phi es (Rule 139- Which branch of the Government has the power to promulgate rules concerning the Integrated Bar? ANS: Under the Constitution, the Supreme Court is empowered to promulgate rules concerning the Integrated Bar. Such rules shall pravide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for ali courts of the same grade and shall not diminish, increase”or modify substantial rights (CONST. ART Vill, Section 5, Par. 5). Q: What does integration of the Bar mean? ANS: The integration of the Philippine bar means the official unification of the entire lawyer population, and this requires membership and financial support of every attorney as a condition sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court (In re: Edillon, A.M. No. 1928, August 3, 1978). Q; Is the Integration of the Bar.a violation of the Constitutional right to freedom of association? ANS, No. Integration does not make a lawyer a member of any group of which he is not already a member. He\became.a~member-of the bar/when he passed the bar examinations, Bar integration does not compel lawyers to associate with anyone. He is free to attend or not to attend the meetings of his integrated bar chapter or vote or refuse to vote in its elections as he chooses. The compulsion to which he is subjected is the payment of annual cuies.”, Assuming that bar integration compels lawyers to be members, such compulsion is.within the police power of the state. The inherent power of the Supreme Court to regulate the-bar includes authority to integrate the Bar (In re: Edillon, A.M. No. 1928, August 3, 1978). Q: What is the general purpose of the Integrated Bar of the Philippines (IBP)? ANS: The fundamental purpose of the Integrated Bar shall be to elevate the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively (RULES OF COURT, Rule 139-A, Sec.2) Membership and Dues Q: How does one become a member of the Integrated Bar? ANS: Alll lawyers whose names were in the Roll of Attorneys of the Supreme Court on January 16, 1973 and all those whose names are included or are entered therein after said date are automatically and without exception members of the integrated Bar (BY LAWS OF THE INTEGRATED BAR OF THE PHILIPPINES, Art. 1, Sec. 4). Every lawyer is required to register at the national office or at the office of his chapter by filing in duplicate the prescribed for the purpose. Unless he othenwise registers his preference for a particular chapter, a lawyer shall be considered a member of the 720EDAN RED BOO chapter of the province, city political subdivision or area where his office or in the absence thereof, his residence is located. In no case shall any lawyer be a member of more than one chapter (BY LAWS OF THE INTEGRATED BAR OF THE PHILIPPINES, Art. II, Section 19). Q: May a member terminate voluntarily his membership in the Integrated Bar? ANS: Yes. A member may terminate his membership by filing a written notice to that effect with the Secretary of the Integrated Bar, who shall immediately bring the matter to the attention of the Supreme Court. Forthwith he shall cease to be a member and his name shall be stricken by the Court from the Roll of Attorneys (RULES OF COURT, Rule 139-A, Sec. 11). Q: Is the requirement of the Integrated Bar of the payment of dues to its members constitutional? ANS: Yes. Membership in the unified bar imposes only the duty to pay dues in reasonable amourt. The greater part ofyunified bar activities serves the function of elevating the educational and ethical standards of the bar to the end of improving the quality of the legal services available to the people. The Supreme Court in order to further the State's legitimate interest in elevating the quality of professional services, may require that the cost of improving the’ profession in this fashion be shared by the subjects and beneficiaries of the regulatory’ program ~ the lawyers. Such compulsion is, justified as an exercise of the police power of the statex(In ‘Te: Edillon, A.M. No. 1928, August 3, 1978). Q: What is the effect of non-payment of dues? sia ANS: Default in payment of annual dues for 6 months shall warrant the suspension of membership in the Integrated:Bar, and default in such payment for one year shall be a ground for the removal of ihe name of the delinquent mémbet fromthe roll of attorneys (RULES OF COURT, Rule 139-A, Sec. 10) To the Courts (Canons 10-13) ee Canon 10: Duty of Candor, Fairness, and. Good Faith Towards The Courts Canon 10: A lawyer owes candor, fairness and good faith to the court. Rule 10.01: A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice. Rule 10.02: A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. Q: What is the effect if a lawyer deliberately changed the wordings of the law in filing a pleading? ANS: A lawyer may be punished for contempt of court by deliberately misquoting or misrepresenting the text of a decision or authority, or by changing the provisions of law in order to mislead the court (COMELEC v. Noynay, et al., G.R. No. 132365, July 9, 1998). Rule 10.03: A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. 7242 Q: What is the rationale of the lawyer’s duty to refrain from filing pointless petitions? ANS: As officers of the court, lawyers have a responsibility to assist in the proper administration of justice. They do not discharge this duty by filing pointless petitions that only add to the workload of the judiciary, especially the Supreme Court, which is burdened enough as it is. A judicious study of the facts and the law should advise them when a case should not be permitted to be filed to merely clutter the already congested judicial dockets. They do not advance the cause of law or their clients by commencing litigations that for sheer lack of merit do not deserve the attention of the courts (Banogon v. Zema, G.R. No. L-35469. October 9, 1987). Canon 11: Duty of Respect to the Courts and Judicial Officers Canon 11: A lawyer shail observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others. Q: What is the rationale of this rule? ANS: Disrespect toward the court would necessarily undermine the confidence of the people in the honesty and integrity of the members of the court, and consequently to lower or degrade the administration. of justice by the court (in the Matter of Proceedings fer Disciplinary Action against Atty. Vincent Raul “Almacen in L-27654, Antonio H. Calero, G.R. No. L27654, February, 18, 1970). Rule 11.01: A lawyer Shall appear in court properly attired, Q: What may be considered as proper attire for lawyers? ANS: Generally, the [proper attire would be the contemporary business suit (FUNA, Legal and Judicial Ethics, supra at 170). \t shouid be a Barong Tagalog or a coat and tie for men, and an appropriate business attire for women (AGPALO, Legal and Judicial Ethics, supra at 152-153). Q: What is the penalty for a lawyer who comes into court not in proper attire? ANS: He may be found guilty of direct contempt and be liable under Rule 71, Section 1 of the Rules of Court which punishes misbehavior in the presence of or so near @ court or judge as to obstruct or interrupt the proceedings before the same, including disrespect towards the court or judge. By attending a conference or proceeding in the Court wearing improper attire, the lawyer also jeopardized the cause of his client (Falcis Iv, Civil Registrar, G.R. No. 217910, July 3, 2018): Rule 11.02: A lawyer shall punctually appear at court hearings. Rule 11.03: A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts. Rule 17.04: A lawyer shall not attribute to a judge motives not supported by the record or have no materiality to the case. Q: What is the remedy of a lawyer if it is the judge who misbehaves during a court proceeding? ANS: When it is the judge who misbehaved during a court proceeding, the affected lawyer may demand that the incident be made of record. This act of the lawyer is not contemptuous (PINEDA, Legal Ethics, supra at 171). While lawyers are prohibited to attribute motives to a judge not supported by the record, lawyers must however be courageous enough to expose arbitrariness and injustice of courts and judges (People v. Carillo G.R. No. L-2043, February 28, 1950). 722VOL 2. 2019 > BEDAN RED BOOK | Rule 11.05: A lawyer shall submit grievances against a Judge to the proper authorities only. Q: Who is the “proper authority” referred to in Rule 11.05? ANS: The Supreme Court has the constitutional power to promulgate rules concerning pleading, practice and procedure (CONST., Art. Vill, Sec. 5, par. (5)). Canon 12: Duty to Assist in the Effective Administration of Jus! Canon 12: A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. Rule 12.01: A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its preference. He should also be ready with the original documents for comparison with the copies. % Rule 12.02: A lawyer shall not file multiple actions arising from the same cause. Q: Does the filing of several cases based on the same incident constitute forum shopping? ANS: No. The mere filing of several casesibased.on thesame incident does not necessarily constitute forum shopping. The question is whether the several actions filed involve the same transactions, essential facts and circumstances. If they involve essentially different facts, circumstances! and causes of /action, there is no forum shopping (Paredes, Jr. v. Sandiganbayan, G.R. No. 108251; January 31, 1996) Q: When does forum-shopping exist? f i \ ANS: Forum-shopping ‘exists where the elements oflitis pendentia are present, or where a final judgment in one case will amount to res judicatalinithe other. Thus, there is forum-shopping when, between an action pending before this Court and another one, there exist: (PRU) Se 4. Identity of Parties, or at least such parties as represent the same interests in both actions; E se 2. Identity of Rights asserted and relief prayed for, the relief being founded on the same facts; and ~ 3. The identity of the two preceding particulars is such that any judgment rendered in the other action, will, regardless of which party is successful amount to res Judicata in the action under consideration; said requisites also constitutive of the requisites for“auter action pendant or lis pendens* (Collantes v. Court of Appeals, G.R. No. 169604, March 6, 2007). Q: What are the sanctions provided by the ROC in case of violation of the requirement on certification against forum shopping? ANS: Sec. 5, Rule 7 of the Rules of Court provides that: 1. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions, and 2. Ifthe acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be a ground for summary dismissal without prejudice and shall constitute direct contempt, as well as a cause for administrative actions. 723BEDAN RED BOOK Rule 12.03: A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so. Q: May a lawyer move for ‘Reconsideration’ and ‘Extension of Time” on the gruund that he had forgotten to file a notice of change of address due to heavy workload which had resulted in the lapse of the reglementary period to file an appeal? ANS: No. A lawyer cannot presume that the court will take cognizance of the new address in his motion for extension of time. It is the lawyer's inescapable duty to make Of record their correct address in all cases in which they are counsel for a suitor (Philiopine Suburban Dev't. Corp. v. CA, G.R. No. L-33448, September 17, 1980). Rule 12.04: A lawyer shall not unduly detay a case, impede the execution of a judgment or misuse Court processes. Rule 12.05: A lawyer shall refrain from talking. to his witness during a break or recess in the trial, while the witness is still under examination. Q: What is the rationale of the rule? ANS: This is to avoid the suspicion that he is coaching the witness on what te say during the resumption of the examination (AGPALO, Legal and Judicial Ethics, supra at 173). Rule 12.06: A lawyer shall not knowingly assist a witness. to misrepresent himself or to impersonate another. Q: What is “subornation of perjury?” ANS: Subornationof perjury is an act which is committed by a person who knowingly and willfully procures another to-swear falsely-and the witness suborned does teslify under circumstances rendering him guilty of perjury (U.S. v. Ballena, G. R. No. L-6294, February 10, 1911). Rule 12.07: A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him, Rule 12.08: A lawyer shalll avoid testifying in behalf of his client, except: 1. On formal matters, such as the mailing, authentication or custody of an instrument, and the like; or 2. On substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel. Q: What is the difference between a witness and an advocate? ANS: The underlying reason for the rule lies in the difference between the function of a witness and that of an advocate. The function of a witness is to tell the facts as he recalls them in answer to questions. On ihe other hand, the function of an advocate is that of a partisan. It is difficult to distinguish the zeal of an advocate and the fairness and impartiality of a disinterested witness (AGPALO, Legal and Judicial Ethics, supra at 175). Canon 13: Duty to Refrain from impropriety Canon 13: A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court. Rule 13.01: A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges. 724BEDAN RED BOOK Rule 13.02: A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Q: What is the “Subjudice Rule?” ANS: The subjudice rule restricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice (Romero Il, et al. v. Estrada, G.R. No. 174105, April 2, 2009). Note: A violation of the subjudice rule may render one iiable for indirect contempt under Sec, 3(d), Rule 71 of the Rules of Court (Romero Il, et al. v. Estrada, G.R. No. 174108, April 2, 2009). Q: Whats the test to determine when statements in a newspaper publication are contemptuous? ANS: There are two kinds of publications relating to court and court proceeding which can warrant the exercise of the power to punish for contempt: 1. That which tends to impede, obstruct, embarrass, or influence the courts in administering justice in a pending suit proceeding; and 2. That which tends to degrade the.courts and to destroy public confidence in them or that which tends to:bring'them in any way into disrepute (People v. Gcdoy, G. R. No, 115908-09, March 29, 1995). Q: What is the “Principle of Open Justice"? "agp ANS: The principle of open justice refers to the public right to scrutinize and criticize court proceedings. It is justified on the ground that if the determination of justice cannot be hidden from the public, this will provide: AT 1. A safeguard against judicial arbitrariness or idiosyncrasy\ and 2. The maintenance:of tle public's confidence in the administration of justice (in Re: The Allegations Contairied in.the Columns’ of Maceraet, A.M. No. 07-09- 13-SC, August 8; 2008). Q: When does a trial by publicity become prejudicial ANS: To warrant a finding of prejudicial publicity, there must be allegation and proof that the judges have been unduly in‘luenced, not simply. that they might be, by the barrage of publicity (Peopie v. Teehankee, Jr., G.R. No. 111208-08, October 6, 1995). Q: Are post-litigation criticisms proper? ANS: Yes. The right to criticize is recognized in concluded litigations because then the court's actuations are thrown open to public consumption and discussion, however, it is the cardinal condition of all such criticism that it shall be bona fide and shall not spill over the walls of decency and propriety. Intemperate and unfair criticism is a gross violation of the duty of respect to courts. It is such a misconduct that subjects a lawyer to disciplinary action (In Re: Almacen, G.R. No. L-27654 (Resolution), February 18, 1970). Rule 13.03: A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings. To the Clients Q: What is the nature of Attorney-Client Relationship? ANS: The nature of Attorney-Client relationship are as follows: (PF) 1. Strictly Personal as it involves mutual trust and confidence of the highest degree irrespective of whether the client is a private person or 2 government fiduciary; and 2. Highly confidential and Fiduciary because it demands of an attorney an undivided allegiance, a conspicuous and high degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity, and absolute integrity in all 725his dealings and transactions with his clients and an utter renunciation of every personal advantage conflicting in any way, directly or indirectly, with the interest of his client (Daroy v. Legaspi, A.C. No. 936, July 25, 1975). Q: How is the relationship created? ANS: The attorney-client relationship is created through any of the following: Oral contract ~ when the counsel is employed without a written agreement, but the conditions and amount of atiorney's fees are agreed upon (Urban Bank v. Pea, A.C. No. 4863, September 7, 2001); 2. Express contract - when the terms and conditions including the amount of fees, are explicitly stipulated in a written document which may be a private or public document. Written contract of attorney's fees is the law between the lawyer and the client; and 3. Implied contract ~ when there is no agreement, whether oral or written, but the client allowed the lawyer to render legal services not intended to be gratuitous without objection,.and-the client is benefited by reason thereof (Hilado v. David, G.R.NO. L-961, September 21, 1949). Q: Should a lawyer accept every potential client? ANS: No. A lawyer is not obliged to act as legal counsel for any person who may wish to become his client. He has the right-to decline-employment (Enriquez, Sr. v. Gimenez, GR. No. L-12817, April 29, 1960} Canor -2% Canon 14: Duty To Provide Services Without Discrimination Canon 14: A lawyer chall not refuse his services to the needy... ’ Rule 14.01: A lawyer shal not decline to represent a person solely on account of the latter’s race, sex, creed or status of life or because of his own opinion regarding the guilt of said person: - / Q: What are the constitutional and substantive bases that bolster the duty to render legal servicés to the needy? ANS: Section 11, Article Ill of the Constitution provides that free access to the courts and quasi-judicial bodies “and adequate. legal. assistance shall not be denied to any person by reason of poverty. Meanwhile, the following are examples of statutes and bar matters enacted to bolster the duty of a lawyer to render legal services to the needy; 1. RA. No. 9999, titled the Free Legal Assistance Act of 2010 was enacted to guarantee free legal assistance to the poor, and to ensure that every person who cannot afford the services of a counsel is provided with a competent and independent counsel preferably of his/her own choice; 2. The Rule on Mandatory Legal Aid Service (B.M. No. 2012) was issued to enhance the duty of lawyers to society as agents of social change and to the courts as officers thereof by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them. Every practicing lawyer is required to render a minimum of sixty (60) hours of free lagal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each Month. However, where it is necessary for the practicing lawyer to render legal aid service for more than five (5) hours in one month, the excess hours may be 726BEDAN RED BOOK 2015 credited to the said lawyer for the succeeding periods (B.M. No. 2012, Sec. 5 (a)); and Rule 14.02: A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae or a request from the IBP or any of its chapters for rendition of free legal aid. Q: Who is a counsel de officio? ANS: He is an attorney appointed by the court to represent a party, usually an indigent defendant, in a criminal case (People v. Daban, G.R. No. L- 31429, January 31, 1972). The exercise of their duties as counsel de officio meant rendering full meaning and reality to the constitutional precepts protecting the rights of the accused. A counsel de Officio is expected to do his utmost. A mere pro forma appointment of a counsel de officio who fails to genuinely protect the interests of the accused merits disapprobation. The exacting demands expected of a lawyer should be no less than stringent when one is a counsel de officio. He must take the case not as a burden but as an opportunity to assist in the proper dispensation of justice (People v. Ferrer, G.R. No. 148821, July 18, 2003). Q: Who is an amicus curiae? ANS: Literally, it means, a friend of court. He is a person with strong interest in or views on the subject matter of an action, but not a party:to.the action, and may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views (PINEDA, Legal Ethics, supra at 10). Q: What does amicus curiae par excellence mean? ANS: It refers to bar associations who appear in court as amici cuiriae or friends of court (id.). Q: What is the legal basis for the appearance of amici curiae? ANS: Section 36, Rule 138 of the Rules of Court provides that experienced and impartial attorneys may be invited by the court to appear as émicus curiae to help in the disposition of issues ‘submitted to it (Abundo v. Manio, Jr, A.M. No. RTJ-98-1416, August 6, 1999). om Rule 14.03: A lawyer may not refuse to accept representation of an indigent client unless: 1. He is not in a position to carry out the work effectively or competently; or 2. He labors under a conflict of interest between him and the prospective client, or between a present client and the prospective client. Q: Who is an indigent litigant? ANS: An indigent litigant is one whose gross income and that of his immediate family 40 not exceed an amount double the monthly minimum wage of an employee and who do not own real property with a fair market value as stated in the current tax declaration of more than F300,000 (RULES OF COURT, Rule 141, Sec. 19). Q: What are considered as serious and sufficient causes to validly decline an appointment as counsel de officio or amicus curiae? ANS: Any of the following may constitute a sufficient cause under Rule 14.02: 1. In case the lawyer cannot handle the matter competently; or 2. Incase of conflict of interest (CPR, Canon 14. Rule 14.03). Rule 14.04: A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. 727 ius ee ee ameEDAN REDBOOK Jer Canon 15: Duty of Candor, Fairness and Loyalty To Clients Canon 15: A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his clients. Q: What is the confidentiality rule? ANS: The confidentiality rule mandates that an attorney is not permitted to disclose communications made to him in his professional character by a client, unless the latter consents. This obligation to preserve the confidences and secrets of a client arises at the inception of their relationship. It even survives the death of the client (Genato v. Silapan, A.C. No. 4078, July 14, 2003). Rule 15.02: A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client. Q: What are the requisites for the rule on privileged communication between an attorney and his client to apply? ANS: The following are the requisités for the rule cn privileged communication to apply: (PAC) 1. The legal advice must be Sought from the attomey in his Professional capacity. 2. There exists an Attorney-client relationship, or a prospective atiorney-client relationship, and it-is by. reason of this.relationship that the client made the communication; and 3. The client made the communication in Confidence (Jimenez v. Francisco, A.C. No. 10548, December 10, 2014). Q: When is communication considered confidential? } ANS: It is considered confidential if it refers to information transmitied by voluntary act Of disclosure between attorney and client in confidence and by means which, so far as the client is aware, discloses. the information toyno third person’ other than one reasonably necessary for the transmission of the information or the accomplishment of the purpose for which it was given (Mercado v. Vitriolo, A.C. No. 5108, May 26, 2005). Q: What are the exceptions to the rule’on privileged communication? ANS: The rule on privilege communication is not applic: 1. When there is Consent or waiver of client; 2. When the Law requires disclosure; 3. When disclosure is made to Protect the lawyer's rights (i.e, to collect his fees or defend himself, his employees or associates or by judicial action); and 4. When such communications are made in contemplation of a Crime or the perpetuation of a fraud (People v. Sandiganbayan, G.R. Nos. 115439-41, July 16, 1997) Q: Give instances when a communication is not privileged. ANS: The following communication does not constitute a privileged communication under the rule: 1. When the communication is made to a person who is not a lawyer (Haves v. State, 88 Ala. 37, 7 So. 302) even if such person committed herseif to render legal services (Sample v. Front, 10 lowe 266); or 2. When communication is made to a lawyer for some other purpose (such as lease) other than on account of the lawyer-client relationship (Pfleider v. Palanca, A.C. No. 927, September 28, 1970). Rule 15.01: A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. 728 | |a eekccnay/ 23 Rule 15,03: A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. Q: What are 3 tests to determine whether conflicting interests exist? ANS: The 3 tests to determine whether contlicting interest exists are as follows: (PCS) 1. Use of Prior knowledge obtained- whether the lawyer would be called upon in the new relation to use against a former client any confidential information acquired through their connection or previous employment (Gonzales v. Cabucana, A.C. No. 6836 (Resolution), January 23, 2006). 2. Conflicting Duties - whether a lawyer is duty-bound to fight for an issue or claim in behalf of one client and, at the same time, to oppose that claim for the other client (Aion v. Sabitsana, Jr., A.C. No. 5098, Apa 11, 2012); and 3. Invitation of Suspicion - whether the acceptance of a new relation would prevent the full aischarge of the lawyer's duty of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double-dealing in the performance of that duty (Santos, Sr., v. Beltran, A.C. No. 5858, December 11, 2003); Q: Cana lawyer represent conflicting interests? hall not represent conflicting interests. However, he may do so by acquiring the written consentrof, all concerned given after the full disclosure of facts (CPR, Canon 15, Rule 15.03). i Rule 15.04: A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. Rule 15.05: A lawyer, when. advising his client, shall give a\candid and honest opinion on the merits an; probable results of tho client's case, neither overstating nor understating the prospects of the case. i Rule 15.06: A laz/yer shall not state nor imply that he'is able to influence any public official, tribunal or legislative body. Note: This rule prohibits what is known to. be. influence-peddling (FUNA, Legal and Judicial Ethics, supra at 253). eee Q: What is “influence-peddling?” ANS: It is any agreement entered into because of the actual or supposed influence administrative or executive officers in the discharge cf their duties, which contemplates the use of personal influence and personal solicitation rather than any appeal to the judgment of the officer on the merits of the object sought (International Harvester Macleod, Inc. v. CA, G.R. No. L-44346, May 31, 1979). Rule 15.07: A lawyer shall impress upon his client compliance with the Jaws and the principles of fairness. Q: What is the sanction in case of violation of this rule? ANS: A lawyer who advises his client not to obey the order of the courts is guity of contempt and misconduct. Contempt of court is defined as some act or cunduct which tends to interfere with the business of the court, by a refusal to obey some lawful order of the court (Laurel v. Francisco, A.M. No. RTJ-06-1992, July 6, 2010) Rule 15.08: A lawyer who is engaged in another profession or occupation concurrently with the practice of aw shall make clear to his client whether he is acting as a lawyer or in another capacity. 729VOL 2. 2019 Q: What is the reason behind this rule? ANS: The objective of this rule is to avoid confusion (FUNA, Legal and Judicial Ethics, supra at 255). Likewise, certain ethical considerations governing the client-lawyer relationship may be operative in one case and not in the other (Report of the IBP Committee, p. 84). (Please refer to the previous discussion on prohibition and/or restrictions in the practice of law). Ganon 16: Duty to Hold in Trust Moneys and Properties o1 Canon 16: A lawyer shall hold in trust all moneys and properties of his client that may come into his possession. Note: Lawyers are not allowed to purchase, even at a public or judicial auction, the Property which may be the object of any litigation which they may take part by virtue of their profession (CIVIL CODE, Art. 1491, par. (5)).. Q: What are the elements for Art. 1491(5) to apply? ANS: The rule forbidding an attorney from purchasing his client’s property or interest in litigation involves four elements: (RPCP) There must be an attorney-client Relationsh The Property or interest of the client must be in litigation; The attorney takés part as Counsel in the case; and The attorney by himself or through another Purchases such property or interest during the oendency of the litigation. PONS This prohibition is ABSOLUTE and PERMANENT. This extends to schemes intended to circumvent the law. The prohibition on purchase is all embracing to include not only sales to private individuals but also-public or judicial sales (In re: Suspension from the Practice of Law'in the Territory. of Guam of Atty.’Leon G. Maquerra, BM. No. 793 (Resolution), July 30, 2004). Q: Does the prohibition against sale of properties between a/lawyer and a client apply to assignment of rights? ANS: Yes. The prohibition includes.the act of acquiring by assignment to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take pait by virtue of their profession (CIVIL CODE, Art. 1491 par. (5)). Rule 16.01: A lawyer shall account for all money or property collected or received for or from the client. Q: May the lawyer raise as defense his attorney's lien in order to relieve himself of the duty to account for all the money and property of his client? ANS: No. The lawyer is not relieved of the obligation to make a proper accounting even if he has an attorney's lien over the client's moneys or funds in his possession (Darcy v. Legaspi, A.C. No. 936, July 25, 1975). He is allowed however to apply so much of the funds as may be necessary to satisfy his iawful fees and disbursements subject to the conattion that he shall promptly notify his client (CPR, RULE 16.03). Rule 16.02: A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Rule 16.03: A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien on the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same 730(- -~ BEDAN’RED BOOK extent on all judgments and the execution he has secured for his client as Provided for in the ROC. (Please refer to discussion on attorney's retaining or charging lien.) Rule 16.04: A lawyer shall not borrow money from his client unless the client's interests are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice; he has to advance necessary expenses in a legal matter he is handling for the client. Q: May a iawyer transact business with his client? ANS: Yes. A lawyer is not barred from dealing with his client. But the business transaction must be characterized with utmost honesty and good faith. The measure of good faith which an attomey is required to exercise in his dealings with his client is a much higher standard than is required in business dealings where the parties trade at arm's length. However, business transactions between an attorney and his client are disfavored and discouraged by the policy of the law. This rule is founc'ed on public policy for, by virtue of his office, an attorney is in an easy position to take advantage of the credulity and ignorance of his client. Thus, no presumption of innocence or improbability of wrongdoing is considered in an attorney's favor (iVakpil v. Valdez, A.C. No. 11483, October 03, 2017). Canon 17: Duty of Fidelity to Client's Cause Canon 17: A lawyer owes fidelity to the cause of his client and he shall be mindful of ihe trust and confidence reposed in him. Canon 18: Duty of Competence and Diligence \ Canon 18: A lawyer shall serve his client ‘with competence a and diligence. Q: How can a lawyer provide full protection of client’s Interests? ANS: The full protection of the client's interests requires no less than a mastery of the applicable law and the facts involved in a case, regardless of the nature of the assignment (Javellana v. Lutero, G.R. No,\L-23956, July 21, 1967) and keeping constantly abreast of the latest jurisprudence and developments in all branches of the law (De Roy v. CA, G.R. No. 80718 (Resolution), January 29, 1988). Q: What is the standard of care required of a lawyer? ANS: The standard required is that of a good father of a family. Practice of law does not require extraordinary diligence or that “extreme measure of care and caution which persons of unusual prudence and circumspection use for securing and preserving their rights (Edquibal v. Ferrer, Jr., A.C. No. 5687 (Resolution), February 3, 2008). Rule 18.02: A lawyer shall not handle any legal matter without adequate preparation. Rule 18.03: A Izwyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. Q; Is presumption of negligence applicable? ANS: No. In the absence of contrary evidence, a lawyer is presumed to be prompt and diligent in the performance of his duties and to have employed his best efforts, learning and ability in the protection of his client's interests and in the discharge of his duties as an officer of the court (People v. Mantawar, G.R. No. L-1248, April 30, 1948). 734VOL 2. 2019 = BEDAN RED BOOK - Q: Does the lawyer's negligence bind the client? ANS: Generally, yes. However, there are exceptions, such as when the reckless or gross negligence of counsel deprives tie client of due process of law, or when the application of the general rule results in the outright deprivation of one's property or liberty through a technicality (Dimarucot v. People, G.R. No. 183975 (Resolution), September 20, 2070). Q: What could be an adverse effect of inadequate preparation of the lawyer? ANS: Any attempted presentation of a case without adequate preparation distracts the administration of justice and discredits the bar. Careless preparation, moreover, may cast doubt upon the lawyer's intellectual honesty and capacity (AGPALO, Legal and Judicial Ethics, supra at 221). A lawyer's inability to properly discharge his duty to his client may also mean a violation of his correlative obligations to the court, to his profession, and to the general public (Emiliano Court Townhouses Homeowners Association v. Dioneda, A.C. No. 5162, March 20, 2003). Rule 18.01: A lawyer shall not undertake a legal service, which he knows, or should know, that he is not qualified to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. Q: Who is a collaborating counsel? ANS: A collaborating counsel is one who is subsequently engaged to assist a lawyer already handling a particular case for a client (PINEDA, Legal Ethics, supra at 291). The same diligence required of the first_counsel is required of the collaborating counsel (Sublay v NLRC, G.R. No, 130104, January 31, 2000) Q: May the lawyer obtain the help of a collaborating counsel anytime? ANS: No. Engaging the services of a collaborating counsel requires the consent of the client (CPR, Rule 18.01). Rule 18.04: A lawyer shall keep the client informed of the status of his case and Shall respond within a reasonable time to the client's request for information. Q: Cite a specific duty of a lawyer under this rule. ANS: He should notify his client of an adverse decision whilé within the period to appeal to enable his client to decide whether to ‘seek. an appellate review. He should communicate with him concerning the withdrawal-of appeal with all its adverse consequences. The client is entitled to'the fullest disclosure of the mode or manner by which his interest is defended (AGPALO, Legal and Judicial Ethics, supra at 230). Q: What is the doctrine of imputed knowledge? ANS: It provides that any fact & lawyer acquired during the existence of the attorney- client relation and while acting within the scope of his authority, is imputed to the client (Heirs of Falame v. Baguio, A.C. No. 6876 (Resolution), March 7, 2008). Q: What are the exceptions of this dectrine? ANS: The following are the exceptions to the doctrine of imputed knowledge: 1. If strict application might foster dangerous collusion to the detriment of justice, Service of notice upon party instead of upon his attorney is ordered by court; 3. Notice of pre-trial is required to be served upon parties and their respective lawyers; and 4. In appeal from the lower court to the RTC, upon docketing of appeal. Failure to appeal to CA despite instructions by the client to do so constitutes inexcusable negligence on the part of the counsel. Canon 18, Rule 18.04 of the CPR requires a lawyer to keep his client informed of the status of the case and 732BEDAN RED BOOK respond within a reasonable time to the client's request for information (Abiero v. Juanino, A.C. No. 5302, February 18, 2005). Canon 19: Duty to Represent Clients with Zeal within Legal Bounds Canon 19: A lawyer shall represent his client with zeal within the bounds of the law. Rule 19.01: A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. Rule 19.02: A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the ROC. Rule 19.03: A iawyer shall not allow his client to dictate the procedure in handling the case. Q: What is the extent of this duty? ANS: The rule speaks of procedure only. In brief, in matters of procedure, where he is skilled, he is in control but not as to the subject matter of the case (PINEDA, Legal Ethics, supra at 311). ey Q: A client wants to appeal but the lawyer believes that the appeal is frivolous. May the lawyer refuse to file an appeal or move to dismiss an appeal already filed? / ANS: No. Even if'a lawyer believes that the appeal of his client is frivolous, he cannot move to dismiss the appeal without the consent of his client. His remedy is to withdraw from the case {People v. Pagaro, G.R. No, 930026-27; July: 24,1991). (For Canon 20: Please see discussion on Attorney's Fees on the later part of this Book). , Canon 21: Duty to Preserve Client’s Confidences Canon 21: A lawyer shall preserve the confidence and secrets of his client even after the attorney-client relation is terminated. Rule 21.01: A lawyer shall not reveal the confidences or secrets of his client, except: (ARC) 4.. When Authorized by the client after acquainting him of the consequences of the disclosure; 2. When Required by law; and 3. When necessary to Collect his fees or to defend himself, his employees or associates or by juaicial action. Q: What does “confidence” mean? ANS: It refers to information protected by the attorney-client privilege under applicable law (American Bar Association (ABA) Model Code of Professional Responsibility. Disciplinary Rule 4-10, par. (a)) Q: What does “secret” mean? ANS: It refers to other information gained in the professional relationship that the client has requested to be held inviolate or the disclosure of which would be embarrassing or detrimental to the client (ABA Mode! Code of Professional Responsibility, Disciplinary Rule 4-101, par. (a)). 733VOL 2. 2019 - BEDAN RED BOOK Rule 21.03: A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose. Q: Who are the persons covered by attorney-client priviiege? ANS: The following persons are covered by the attorney-client privilege: 1. Lawyer; 2. Client; and 3. Third perscns who by reason of their work have acquired information about the case being handled such as: a. Attorney's secretary, stenographer and cierk; b. Interpreter, messengers and agents transmitting communication; and . An accountant, scientist, physician, engineer who has been hired for effective consultation (RULES OF COURT, RULE 130, Sec. 24(b)). Q; Is the confidentiality of communication presumed from the mere existence of attorney-client relationship? ANS: No. The mere relation’of attorney-and client does not raise a presumption of confidentiality. The client must. intend the communication to be confidential (PINEDA, Legal Ethics, supra‘at 237). ; Q: What is the extent of the privilege? ANS: The privilege continues to exist even after the termination of the attorney-client relationship. It’ outlasis the lawyer's engagement. The privileged (character of the ‘communication ceases only when waived by the client himself of after his death, by the heir or legal representative (Baldwin v. Comm of Internal Revenue; 125 F 2d 812, 141 LRA 548). Rule 21.04: A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. Q: May the lawyer refuse to disclose the name of the client? ANS: As a general rule, the lawyer may NOT invoke the privilege and refuse to divulge the name or identity of his: clients: (Regala'v. Sandiganbayan, G.R. No. 105938, September 20, 1996). Q: What are the reasons behind this rule? ANS: The following are the reasons behind this rule: The court has a right to know that the client whose privileged cc~munication ‘s sought to be protected is flesh and blood; 2. Due process considerations require that the opposing party should know the adversary; The privilege pertains to the subject matter of the relationship; and The privilege begins to exist only after Attorney-Client relationship has been established hence it does not attach until there is a client (Regala v. Sandiganbayan, G.R. No. 105938, September 20, 1996) Bo Q: When may the lawyer refuse to disclose the name of his client? ANS: A lawyer may refuse to disclose the name of his client in the following instances: 1. Client identity is privileged where a strong probability exists that revealing the client’s name would implicate that client in the very activity for which he sought the lawyer's advice; 2. Where disclosure would open the client to civil liability, his identity is privileged; 734BEDAN RED BOO 3. Where the government's lawyers have no case against an attorney's client unless, by revealing the client's name, the said name would furnish the only link that would form the chain of testimony necessary to convict an individual of a crime, the client's name is privileged (Regala v. Sandiganbayan, G.R. No. 105938, September 20, 1996). Rule 21.05: A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the clients. Rule 21.06: A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family. Rule 21.07: A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest. Q: Is a client's admission of his commission of fraud or a crime made during a drinking spree covered by the attorney-client privilege? ANS: No. It is not covered by the attorney-client privilege. The privilege exists when the communication is made on account of an established lawyer-client relationship, or when itis the subject matter of why the client has sought the lawyef’s legal advice. Such is not the case when the admission is made in @ drinking’spree, for example (Mercado v. Vitriolo, A.C. No, 5108, May 26, 2005). = —- thdrawal of Services. / Canon 2: Canon 22: A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstance: f/i\ Rule 22.01: A lawyer may, withdraw his servicesvinvany of:the®following case: (IVIM-FEC) "ie A 4. When the client pursues an Illegal or immoial course of conduct in connection with the matter he is handling; 2. When the client insists that the'lawyer,pursue conduct Violative of these canons ard rules; SERRE So, 3. When his Inability to work with co-counsel will not promote the best interest of the client; 4. When the Mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; 5. When the client deliberately fails to pay the Fees for the services or fails to comply with the retainer agreement; 6. When the lawyer is Elected or appointed to public office; and 7. Other similar cases. Q: What are the other causes of termination of attorney-client relationship? ANS: The following are the causes of termination of the attorney-client relationship: (CT- WID°E) Conviction of a crime and imprisonment of lawyer" Full Termination of the case; Withdrawal of lawyer under Rule 22.01 of CPR; Intervening incapacity or incompetence of the client during pendency of case; Death of clier Death of lawyer, Declaration of presumptive death of lawyer; ischarge by client; Disbarment or suspension of the lawyer from the practice of law; and PENOMELN> 735VOL 2. 2019 BEDAN RED BOOK 40. Appointment or Election of the lawyer to a government position which prohibits private practice of law (PINEDA, Legal Ethics, supra at 380). Q;: May the client terminate the attorney-client relationship at will? ANS: Yes. The client has the right to terminate attorney-client relationship at any time with or without just cause, Just cause is material only in determining compensation (Aro v. Nafiawa, G.R. No. L-24163, April 28, 1969). Q: What are the limitations to client's right to discharge his counsel? ANS: The following are the limitations to client's rights in discharging a counsel: 1. Client cannot deprive counsel of his right to be paid for services rendered if dismissal is without cause; 2. Client cannot discharge counsel as an excuse to secure repeated extensions of time; 3. When a lawyer is employed as a legal adviser of a corporation requiring him to observe office hours and not.on.a.retainer basis, the employer may only discharge the lawyer in accordance with labor. laws; and 4. Notice of discharge is. required insofar as court and adverse party are concerned (AGPALO, Legal and Judicial Ethics, supra at 371-372). Q: Is there a need for the court’s.approval if a lawyer withdraws from a case? ANS: It depends. “An. attorney's withdrawal. with client's consent needs no court approval. Court approval is indispensable only if the withdrawal is without the client's consent (Arambulo v. Court of Appeals, G.R. No. 105898, September 17, 1993). The reason for the client's Consent is that, the relationship between the two of them is based ‘on contract. Q: May a lawyer recover his fees even if he is termsiated with just cause? ANS: Yes. The discharge of a lawyer does not necessarily deprive the lawyer of his right to be paid for his services. He may only be deprived of Such right if the cause for his dismissal constitutes Jn itself sufficient legal obstacle to recovery (AGPALO, Legal and Judicial Ethics, supra at 403). Q: May a lawyer recover his fees if he is terminated without just cause? ANS: It depends. The following rules must be observed: 4. If he is terminated without just cause’and no express written agreement as to fees, he may receive a reasonable value.of his services up to the date of his dismissal (quantum meruit); 2. fhe is terminated without just cause but there is a written agreement and the fee stipulated is absolute and reasonable, he may receive the full payment of compensation; 3. If he is terminated without just cause, and he is dismissed before the conclusion of the action, he shall receive a reasonable value of his services (quantum meruit); and 4. If he is terminated without just cause due te a contingency of the client preventing its occurrence, he shall receive the full amount of his services (AGPALO, Legal and Judicial Ethics, supra at 403). Rule 22.02: A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. (Please refer to the discussion on retaining lien.)BEDAN RED BOOK vous Q: What are the duties of a discharged lawyer or one who withdraws from the engagement? ANS: A discharged lawyer has the duty to: 1. Immediately turn-over all papers and property to which the client is entitled; and 2. Cooperate with his successor in the orderly transfer of the case (FUNA, Legal and Judicial Ethics, supra at 374). Attorney's Fees Canon 20: A lawyer shall charge only fair and reasonable fees. Rule 138, Sec. 24: Compensation of attorneys; agreement as tc fees. - An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the.extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the’proper compensation, but may disregard such testimony and base its conclusion,on its own professional knowledge. A written contract for services shall contro] the amount to be paid therefor unless found by the court to be unconscionable or- unreasonable: Q: What are the two concepts of attorney's fees? ANS: The two concepts of attorney's fees are: 1. Ordinary concept; and 2. Extra-ordinary concept (Rosario, Jr. v. De Guzman, BR No. 191247, July 10, 2013). Q: What is the ordinary concept of attorney's fees? ¥ ANS: Itis the reasonable compensation paid to the lawyer for the legal services he had rendered in favor of his client. The basis ofthis compensation is the fact of employment by the client (PCL Shipping Philippines, Inc. v. NLRC, G.R. No. 148418, July 28, 2005). Q: What is the extra-ordinary concept of attorney's fees? ANS: It is an indemnity for damages ordered by the Court to be paid by the losing party to the prevailing party in litigation. The basis of this is any of the cases authorized by law and is payable not to the lawyer but to the client unless there is an agreement that the award shall pertain to the lawyer as an additional compensation or as part thereof (PCL Shipping Philippines, Inc. v. NLRC, G.R. No. 148418, July 28, 2005). Q: What are the requi s to be entitled to attorney’s fees? ANS: The following are the requisites for a lawyer to be entitled to attorney's fees: 1. Existence of attorney-client relationship; and Rendition by the lawyer of services to the client (Philippine Association of Free Labor Unions (PAFLU) v. Binalbangan Isabela Sugar Co., G.R. No. L-23959, November 29, 1971) Q: Is a pauper-litigant exempted from paying attorney's fees? ANS: No. A plaintiff who files a complaint as a pauper while exempted from payment of legal fees is not exempted from payment of attorney's fees (Cristobal v. Employees’ Compensation Commission, G.R. No. L-49280, April 30, 1980) 737Q: What are the factors in determining the amount of attorney's fees? ANS: Under Rule 20.01 of the Code of Professional Responsibility, the following factors must be considered in determining the amount of attorney's fees: (C*AP*TINS) 1. Contingency and certainty of compensation; 2. Character of the employment, whether occasional and established; 3. Customary charges for similar services and the schedule of fees of the IBP Chapter to which he belongs; 4. Amount involved in the controversy and the benefits resulting to the client from the service; Probability of losing other empleyment as a result of acceptance of the proffered case; Professional standing of the lawyer; Time spent and extent of the services rendered or required; Importance of subject matter Novelty and difficulty of questions involved; and 0. Skill demanded of a lawyer —-the.totality of the lawyer's experience provides him the skill and competence admired in lawyers. Note: The guidelines in determining attorney's fees based'on quantum meruit are the same with the guidelines mentioned above. srs eH Q: What are the two ways attorney's fees may be paid? ANS: Attorney's fees may either be paid as a: 1. Fixed or Absolute Fee — which is payable regardiess of the result of the case: a. A fixed fee payable per Appearance; b. A fixed fee computed upon the Number of Hours Spent; ¢. A fixed fee based on Piecework; and 4. Combination of any of the above. 2. Contingent Fee — that is conditioned on securing a favorable judgment and recovery of money or property and the amount of which may be on a percentage basis (PINEDA, Legal Ethics, supra at 324), Acceptance Fees Q: What are the two (2) concepts of retainer? ANS: The two concepts of retainer-are: 4. Retainer agreement between the lawyer and the client whereby the latter engages the services of the former to render legal advice or to defend or prosecute his cause in court; and 2. Retainer fee which a client pays to the attorney (AGPALO, Legal and Judicial Ethics, supra at 196). Q: What are the different kinds of retainer agreement? ANS: The following are the different kinds of retainer agreement: 4. General retainer — the fee paid to a lawyer to secure his future services as “general counsel” for any ordinary legal problem that may arise in the ordinary business of the client and referred to him for legal action. The client pays fixed retainer fees, which could be monthly or otherwise. The fees are paid wheiher or not there are cases referred to the lawyer; or 2. Special retainer ~ fee for a specific case or service rendered by the lawyer for the client (AGPALO, Legal and Judicial Ethics, supra at 405-406) Q: What is a retaining fee? ANS: A retaining fee is a preliminary fee paid to insure and secure his future services, to remunerate him for being deprived, by being retained by one party, of the opportunity of rendering services to the other party (Id.). 738| BEDAN RED BOOK . 20% Its purpose is to prevent undue hardship on the part of the attorney resulting from the rigid observance of the rule forbidding him from acting as counsel for the other party after he has been retained by or has given professional advice to the opposite party (AGPALO, Legal and Judicial Ethics, supra at 187). Contingency Fee Arrangements Q: How is a contingency arrangement contracted? ANS: A contingent fee may be agreed upon with a plaintiff or a defendant in a civil suit; it may also be stipulated with an accused in a criminal prosecution (AGPALO, Legal and Judicial Ethics, supra at 409). Q: Is contingent fee prohibited? ANS: No. In this jurisdiction, a contingent fee is not prohibited by law and is impliedly sanctioned. It is, however, closely supervised by the court to safeguard the client from unjust charges or abuse on the part of ns counsel (Licudan v. CA, G.R. No. 91958, January 24, 1991). Note: A much higher compensation is allowed as contingent fees in consideration of the risk that the lawyer will get nothing if the Suit fails (AGPALO, Legal and Judicial Ethics, supra at 408). It is not unusual in a contingent fee contract a client paySian initial fee either before or during the progress of the litigation. The initial fee Could well be a retaining fee which is independent of or in addition to the @atingent fee (AGPALO, Legal and Judicial Ethics, supra at 409). 4 AN ‘ fi Q: What is champerty? B Ji ANS: Champerty, is characterized by the,receipt of a share ofthe proceeds of the litigation by the intermedd.r. Some:common law court/decisions add that the lawyer must also, at his own expense maintain, and take’ all the. risks of, the litigation (Cadavedo v. Lacaya, G.R. No. 173188, January 15, 2014): P Q: Is champerty allowed? S ANS: No. It is a prohibited arrangement because it violates the fiduciary relationship between the lawyer and the client (Cadaved wi Facaye, GR. No. 173188, January 15. 2014) i Attorney's Liens Rule 16.03: A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien on the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and the execution he has secured for his client as provided for in the ROC. Q: What is a charging lien? ANS: A charging lien is an equitable right to have the fees and lawful disbursements due a lawyer fer his services in a suit secured to him out of the judgment for the payment of money and executions issued in pursuance thereof in the particular suit (Metrobank v. CA, G.R. No.86100-03, January 23, 1990). Q: Is a charging lien enforceable immediately? ANS: No. A charging lien, to be enforceable as a security for the payment of attorney's fees, requires as a condition sine qua non a judgment for money and execuiion in pursuance of such judgment secured in the main action by the attorney in favor of his client (Metrobank v. CA, G.R. No.86100-03, January 23, 190). 739Q: What are the requisites for enforceability of a charging lien? ANS: The following requisites must be present in order for a charging lien to be enforceable: (RS-MCR) . Existence of an attorney-client Relationship; The attorney has rendered Services: Favorable Money judgment secured by the counsel for his clie The attorney has a Claim for attorney's fees or advances; and A statement of the claim has been duly Recorded in the case with notice thereof served upon the client and the adverse party (AGPALO, Legal and Judicial Ethies, supra at 452). Peeves Q: May a charging lien be assigned? ANS: As a general rule, a charging lien may be assigned or transferred without preference thereof being extinguished except when the assignment will result in a breach of the attorney's duty to preserve his client's confidence (AGPALO, Legal and Judicial Ethics, supra at 459), Q: What is a retaining lien? ANS: A retaining lien is a right merely to retain the funds, documents, and papers against the client until the attorney is fully paid his fees (AGPALO, Legal and Judicial Ethics, supra at 446), Q: What are the requisites of retaining lien? \ ANS: The following are'the requisites of a retaining lien: (RUP) 1. Attorney-client Relationship; 2. Unsatisfied claim for attorney's fees or disbursements} and 3. Lawful Possession by the lawyer of the client's funds, documents, and papers in hiss professional capacity (AGPALO, Legal and Judicial’ Ethics, supra at 447). Q: Whe: are the differences between a retaining and charging lien? ANS: The differences between the two liens are as follows: manners Ly if 1 eerie As to Nature re 5 Active Lien. it can be enforced by execution. Itis a special lien. Passive Lien. It cannot be actively enforced. It is a general lien. As to Basis Lawful possession of papers, documents, property belonging to the client. Securing of a favorable money judgment for the client. PCSOs cle Covers papers, documents and Properties in the —_ lawful Possession of the altorney by Teason of his professional employment, Covers all judgments for the payment of money and execution issued in pursuance of such judgments; proceeds of judgment in favor of client; proceeds of compromise settlement. 740As soon as the attorney gets possession of the papers, documents or property. VOL 2. 2019 As soon as the claim for attomey’s fees had been entered into the records of the case; partakes the nature of collateral security. bt SD) (oo The client need not be notified to make it effective. Notice must be served upon the client and the adverse party. Peer een ae May be exercised before judgment or execution or regardless thereof, Generally, exercisable only when the attomey had already secured a favorable judgment for his client. As to Extinguishment When possession lawfully ends, as. when the lawyer voluntarily parts with the funds, documents and papers but NOT when the documents have been improperly or illegally taken from lawyer's custody (AGPALO, Legal and Judicial Ethics, supra at 450). When the clieni loses the action as the lien’ may. only: be enforced against a judgment awarded in favor of the client, the proceeds thereof or executions thereon (AGPALO} Legal and Judicial Ethics, supra at 459): Fees and Controversies with Clients Rule 20.02 - A lawyer shall, in case of a division of fees in proportion to the work performed and entitled te responsibility assumed. referral, with the consent of the client, be Q: How should lawyers jointly representing a common client share in the fees earned? ANS: As a general rule, when lawyers jointly represent a common client for a given fee without any express agreement on how much each will receive, they will share equally as they are considered special partners for a special purpose (PINEDA, Legal Ethics, supia at 345). Rule 20.03: A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employinent from anyone other than the client. Rule 20.04: A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. Q: How may a lawyer recover his compensation? ANS: A lawyer may take judicial action to protect his right to fees either in the main action where his services were rendered or in an independent civil suit against his client (Heirs and/or Estate of Siapian v. Intestate Estate of Mackay, G.R. No, 184799, September 7, 2010). 741Quantum Meruit Q: How is the compensation of a lawyer determined? ANS: Once the atlomey has performed the task assigned to him in a valid agreement, his compensation is determined on the basis of what he and the client agreed. In the absence of the written agreement, the lawyer's compensation shall be based on quantum meruit, which means "as much as he deserved.” The determination of attorney's fees on the basis of quantum meruit is also authorized "when the counsel, for justifiable cause, was not able to finish the case to its conclusion.” Moreover, quantum meruit becomes the basis of recovery of compensation by the attorney where the circumstances of the engagement indicate that it will be contrary to the parties’ expectation to deprive the attorney of all compensation. Nevertheless, the court shall determine in every case what is reasonable compensation based on the obtaining circumstances, provided that the attorney does not receive more than what is reasonable, in keeping with Section 24 of Rule 138 of the Rules of Court (Sanchez v. Aguilos, A.C. No. 10543, March 16, 2016) Q: What does quantum meruit mean? ANS: Literally, the term-quantum.meruit means as much.as a lawyer deserves, its essential requisite is the acceptance of the benefits by one sought to be charged for the services rendered under the circumstances as reasonably to notify him that the lawyer performing the task. was expecting to be paid compensation “therefor (Quilban v. Robinal, A.M. No. 2144,April 10, 1989). This doctrine is devised to prevent undue enrichment based onthe equitable postulate that it is unjust for a person to retain benefit without! paying for it (Traders Royal Bank Employées ‘Union-independent v. NLRC, G.R. No. 120592 March 14, 1997). Q: When is quantum meruit applicable? : ANS: The doctrine of quantum meruit is applicable in the following instances: (NUV-JD- Be) 1. There'is’ No express contract for payment of attorney's fees agreed upcn between the lawyer and the client; 2. When although ‘there is a formal contract for attorney's fees, the fees stipulated are found Unconscionable; 3. When the contract for attorney's fees is. Void due to purely formal defects of execution; When, for Justifiable cause, the lawyer was not able to finish the case; When the lawyer and the client Disregard the contract for fees (Rilloraza et al. v. Eastern Telecommunications Phils. inc. et al., G.R. No. 104600, July 2, 1999); and 6. When the client dismissed his counsel Before the termination of the case (AGPALO, Legal and Judicial Ethics, supra at 389). os Q: When is a fee considered reasonable? ANS: The fee is reasonable if it is within the capacity of the client to pay and is directly commensurate with the value of the legal services rendered. The judge has the discretion to determine the reasonableness of the attorney's fees which must be exercised soundly to maintain the dignity and respectabiliiy of the legai profession (PINEDA, Legal Ethics, supra at 341-342). Q: When is a fee unconscionable? ANS: The fee is unconscionable if standing alone and unexplained, is sufficient to show that an unfair advantage has been taken of the client — that is, a legal fraud had been perpetrated upon the client. To be unconscionable, the amount if compared to the value of the services rendered must be clearly disproportionate as to be revolting to the conscience (Sebrenc v. CA, G.R. No. 89252 May 24, 1993). 742C. SUSPENSION, DISBARMENT AND DISCIPLINE OFLAWYERS ture on ainst Law) Q: Give the nature and characteristics of disbarment proceedings. ANS: The nature and characteristics of disbarment proceedings are as follows: 4. Disbarment proceedings against lawyers are sui generis, or a class of its own. They are: a. Neither purely civil nor purely criminal because they do not involve a trial of an action or a suit, but are rather investigations by the Court into the conduct of one of its officers; b. NOT a criminal prosecution because they are not intended to inflict punishment. The real question for determination is, whether or not the attorney is still a fit person to be allowed the privileges as such; and c. NOT a civil action because there is neither plaintiff nor respondent. Public interest is their primary objective and involves no private interest. Hence, a real party-in-intérest is not required and there is no redress for private grievance (Gonzales v. Alcaraz, A.C. No. 5321, September 27, 2006). 2. Disbarment proceedings are Confidential until its final determination (RULES OF COURT, RULE 139, Sec. 10); ” 3. Double jeopardy is inapplicable-in a disbarment proceeding against an attorney for the reason that a disbarment casé does not partake of a criminal proceeding; f A 4. Can be initiated motu proprio by the Supreme Court or by the IBP; 5. Can proceed regardless of interest or lack of Interest’of the complainants, if the facts proven so warrant; 6. tis itseif’a due process of law; ©! , \ 7. Whatever has been decided in a'disbarment case cannot be a source of right that may be enforced in another action; # 8. Penalty in disbarment case cannot be in the alternative; 9. No prejudicial questicn in disbarment proceedings; 10. In pari delicto rule rot applicable,» 14. No res judicata in disbarment case 12. Monetary claims cannot be. granted, except restitution and return of monies and properties of the client given in the course of the lawyer-client relationship (FUNA, Legal and Judicial Ethics, supra at 409-418) nd): Q: Does prescription apply in disbarment proceedings? ANS: No. Laws dealing with double jeopardy or with procedure such as the verification of pleadings and prejudicial questions, or in this case, prescription of offenses or th filing of affidavits of desistance by the complainant do not apply in the determination of a lawyer's qualifications and fitness for membership in the Bar (Garrido v. Garrido, A.C. No. 6593, February 4, 2010). Note: Rule VIll, Section 1 of tne Rules of Procedure of the Commission on Bar Discipline of the IBP, which prescribes a two-year prescription on the filing of administrative compiaints was declared nu'l and void by the Court in Frias v. Bautista- Lozada (A.C. No. 6656, May 4, 2008). Q: What is the reason behind the imprescriptibility of disbarment proceedings? ANS: The reasons are: 1. Admission to the practice of law is a component of the administration of justice and is a matter of oublic interest because it involves service to the public. The admission qualifications are also qualifications fer the continued enjoyment of the privilege to practice law; and 743VOL 2. 2019 EDAN RED BOOK 2. _ Lack of qualifications or the violation of the standards for the practice of law, like criminal cases, is a matter of public concern that the State may inquire into through this Court (Garrido v. Garrido, supra). Q: What are the disciplinary sanctions which may be imposed on a lawyer in case of professional misconduct? ANS: The following disciplinary sanctions are imposable against a lawyer for professional misconduct: (DIS-RAPOR) 1. Disbarment; Interim Suspension; ‘Suspension; Reprimand; Admonition; Probati Other sanctions and remedies: a. Restitution; b. Assessment of costs; ¢. Limitation upon practice; d. Appointment of a receiver; e. Requirement that the lawyer take the bar examination or professional resporsibility examination Requirement that the lawyer attend continuing education courses; 9. Other-requiremenis that the state's highest. court or disciplinary board deems consistent with the purposes of lawyer sanctions; and 8. Reciprocal Discipline (BP Commission on Bar Discipline Guidelines for Imposing Lawyer Sanctions). Nogeen Grounds Q: What are the grounds for disbarment or suspension? ANS: The grounds for disbarment or suspension are: (DMG-CV-WCD) Deceit; Malpractice or other gross misconduct in such office: Grossly immoral conduct; Conviction of.a crime involving moral turpitude; Violation of oath of office; Willful disobedience of a lawful order of a superior court; Corruptly or willfully appearing as an. attorney for a party to a case without authority so to do; and 8. _Disbarment in foreign jurisdiction (RULES OF COURT, RULE 138, Sec. 27) NOMsONs Q: Are these grounds for disbarment exclusive? ANS: No. The grounds for disbarment are not exclusive. The statutory enumeration is Not a limitation on the general power of SC to suspend or disbar a lawyer. Hence, a lawyer may be removed from office, or suspendea from the practice of law by ihe Court on grounds not found in the statute, as when their acts are contrary to honesty or good morals or do not approximate the highest degree of morality and integrity expected of the members of the bar (Sta. Maria v. Tuazon, A.C. No. 396, July 31, 1964) Q: What does “deceit” mean? ANS: It is a fraudulent and deceptive misrepresentation, artifice or device used by one or more persons to deceive and trick another, who is ignorant of the true facts, to the prejudice and damage of the party upon which it was imposed. There must be false representation as a matter of fact (Black Law's Dictionary, Sixth Edition, p. 405). An example is the misappropriation of client's fund. 744BEDAN RED BOOK VOL 2. Vf, 8 Q: What acts may constitute deceit? ANS: The following acts of a lawyer are characterized as deceitful: Having used a spurious SPA to mortgage and sell properly entrusted to him for administration; 2. Having acknowledged a Deed of Sale in the absence of ihe purported vendors and for taking advantage of his position as Assistant Clerk of Court by purchasing one-half (1/2) of the land covered by said Deed of Sale knowing that the deed was fictitious; and 3. Having converted to his personal use the funds that he received for his clients (Tabang v. Gacott, A.C. No. 6490 (Resolution), July 9, 2013). Q: What constitutes legal malpractice? ANS: Legal malpractice consists of faiture of an attorney to use such skill, prudence and diligence as lawyers of ordinary skill and capacity commonly possess and exercise in the performance of tasks which they undertake, and when such failure proximately causes damage, it gives rise to an action in tort (Tan Tek Beng v. David. A.C. No. 1261, December 29, 1983). The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers constitutes malpractice (RULES OF COURT, RULE 138, Sec. 27). Q: What does “gross misconduct" mean? ANS: Any inexcusable, shameful, or flagrant unlawful conduct on the part of the person concemed in the adminisiration of justice, which is prejudicial to the rights of the parties or to the right determination of a cause, a conduct that is generally motivated by a predetermined, obstinate or intentional purpose (Yumol, Jr. v. Ferrer, Sr., A.C. No. 6585, April 21, 2005). Q: What is a grossly immoral conduct? ~ Lo ANS: It is a conduct which is willful, flagrant or shameless. and, which shows @ moral indifference to the opinion of the good and respectable members of the community (Delos Reyes v. Aznar, A.C. No. 1334, November 28, 198% Q: What are other statutory grounds for. ANS: Other statutory grounds for disbarment include: 4. Acquisition of an interest in the subject matter’of the litigation, either through purchase or assignment (CIVIL CODE, Art. 1491); 2. Breach of professional duty, inexcusable negligence, or ignorance, or for the revelation of the client's secrets (REVISED PENAL CODE, Art. 208); and 3. Representing conflicting interests (REVISED PENAL CODE, Art. 209). isbarment? Q: What does “moral turpitude” mean? ANS: Moral turpitude has been defined: as everything which is don2 contrary to justice, modesty, or good morals; an act of baseness, vileness or depravily in the private and social duties which a man owes his fellowmen, or the society in general, contrary to justice, honesty, modesty or good merals (In Re: Basa, December 7, 1920). Q: What is the effect of a lawyer's misconduct in his private capacity? ANS: Generally, a lawyer may not be suspended or disbarred for msconduct in his non- professional or private capacity except if the misconduct is so gross as to show him to be wanting in moral character, honesty, probity and demeanor (Maligsa v. Cabanting, A.C. No. 4539, May 14, 1997). 745VOL 2. 2019 BEDAN RED BO Q: May the court discipline one of its officers even if he commits the act in his private capacity? ANS: Yes. An attorney may be disciplined not only for malpractice and dishonesty in his profession, but also for gross misconduct not connected with his professional duties, which showed him to be unfit for the office and unworthy of the privileges which his license and the law confer to him. Professional honesty and honor are not to be expected as the accompaniment of dishonesty and dishonor in other relations (Enriquez v. De Vera, A.C. No. 8330, March 16, 2015). Q: May a notice to a lawyer to show cause why he should not be punished of contempt be also considered as a notice to show cause why he should not be suspended from the practice of law? ANS: No. A notice to @ lawyer to show cause why he should not be punished for contempt cannot be considered as a notice to show cause why he should not be suspended from the practice of law, considering that they have distinct objects and for each of them a different procedure..is..established. A contempt proceeding for misbehavior in court is designed to vindicate the authority of the court; on the other hand, the object of a disciplinary. proceeding is, to deal with the fitness of the court's officer to continue in that office, to preserve and protect the court and the public from the official ministrations of persons unfit or unworthy to hold such office (Rodriguez v. Blancaflor, G.R. No: 190171,March-14, 2011).~ Proceedings Q: What are the procedural steps for disbarment in the IBP?. ° \ ANS: The procedural steps in disbarment proceedings are: (IAM-A-HR-Rev) 1. Institution of the action ] : a. | Proceedings for the disbarment, suspension and discipline of attorneys may be taken by the SC. motu propfio, or upon the filing of a verified complaint of any. person before the SC of the IBP: and b. ‘If the complaint is filed before the IBP, six/(6) copies of the verified petition shall be filed-with the Secretary of the IBP/or the Secretary of any of its\chapter whoshall forthwith transmit the same to the IBP Board of Governors ‘for the assignment to an investigator (RULES OF COURT, RULE 139-B, Sec: 1, as.amended by Bar Matter No. 1645) 2. Assignment of complaint to an IBP national grievance investigator; a. The Board of Governors shall appuint from among the IBP members an Investigator or when special circumstances so warrant, a panel of three investigators to investigate the complaint (RULES OF COURT, RULE 139-B, Sec. 2). 3. Determination of Merit; a. Where the complaint appears to be meritorious, the investigator shall direct that a copy thereof be served upon the respondent, requiring him to answer within fifteen (15) days from service of notice; and b. Where the complaint on its face does not merit action, or if the answer shows to the Investigator that the action does not merit action: i. _ the investigator shail recommend its dismissal to the IBP Board of Governors and shail be disposed in accordance with Section 12 (RULES OF COURT, RULE 139-B, Sec. 5). 4. Where the respondent is directed to file an Answer, he shall file a verified answer in 6 copies (RULES OF COURT, RULE 139-B, Sec. 6); 5. Investigation Hearing @. After joinder of the issues or failure to answer, the respondent shall be given full opportunity to defend himself; but if the respondent fails to appear to defend himself in spite of notice, the investigator may proceed ex parte. The investigation shall be terminated within 3 months 746EDAN RED BOOK 2015 from commencement which period may be extended (RULES OF COURT, RULE 139-B, Sec. 8). b. Suspension pending action (RULES OF COURT, RULE 139-8, Sec. 15) i. After receipt of the answer or lapse of the period to do so, the SC, may, motu propio or at the recommendation of the IBP Board of Governors, suspend an attorney from practice, for any of the causes under RULE 138, Sec. 27, during the pendency of the investigation 6. Findings and Recommendations of the investigator a. The Investigator shall make a report to the Board of Governors within thirty (30) days from termination of the investigation which report shall contain his findings and recommendations together with the evidence (RULES OF COURT, RULE 139-B, Sec. 10). 7. Review by Board of Governors; a. Every case heard by an investigator shall be reviewed by the IBP Board of Governors uponsthe record and evidence transmitted to it by the Investigator with his report. b. Upon review, the Board, by majority vote of all of its members, shall recommend to the SC either the dismissal of the complaint or the imposition of disciplinary action c. The resolution shall be issued:within a period not exceeding 30 days from the next.meeting of the Board’ following the submission of the report of the Investigator. & d. The Board's resolution,’ together with the! ‘e evidence presented and submitted, shall be transmitted to the Supreme Court for final action within ten (10) days from issuance of the resolution (RULES OF COURT, RULE 139-B, Sec. 12). Q: May the SC dismiss outright a complaint for disbarment?... ANS: Yes. When the complaint utterly lacks merit in form and substance (International Militia of People against Corruption & Terrorism v. Davide, Jr, A.C. No. 7197 (Resolution), January 23, 2007). 5 Q: May a motion for reconsideration be filed? «=. ANS: Yes. The IBP must first afford a-chance to-eithér party to file a motion for reconsideration of the IBP resolution containing its findings and recommendations within 15 days from notice of receipt by the parties thereon (Ramientas v. Reyala, A.C. No. 7055 (Resolution), July 31, 2006). Q: What are the consequences of a motio~ for reconsideration? ANS: Ifa motion for reconsideration has been timely filed by an aggrieved party, the BP must first resolve the same prior to elevating to this Court the subject resolution together with the whole record of the case (Ramientas v. Reyala, A.C. No. 7055 (Resolution), July 31, 2006). If no motion for reconsideration has been filed within the period provided for, the IBP is dirccted to forthwith transmit to this Court for final action, the subject resolution together with the whole record of the case (Ramientas v. Reyala, A.C. No. 7955 (Resolution) July 31, 2006} A party desiring to appeal from the resolution of the IBP may file a petition for review before this Court within 15 days from notice of said resolution sought to be reviewed (Ramientas v. Reyala, A.C. No. 7055 (Resolution), July 31, 2006). 747BEDAN RED BOO Q: Does the filing of an affidavit of desistance by a complainant have an effect on the disbarment proceeding? ANS: No. An Affidavit of Desistance cannot have the effect of abating the instant proceedings in view of the public service character of the practice of law and the nature of disbarment proceedings as a public interest concern. A case of suspension or disbarment is sui generis and not meant to grant relief to a complainant as in a civil case, but is intended to cleanse the ranks of the legal profession of its undesirable members in order to protect the public and the court. A disbarment case is not an investigation into the acts of respondent but on his conduct as an officer of the court and his fitness to continue as a member of the Bar (Ventura v. Samson, A.C. No. 9608, November 27, 2012). Q: What is the procedure for disbarment in the Supreme Court? ANS: In proceedings initiated by the Supreme Court or in other proceedings where the interests of justice so reauire: 1. The Supreme Court may refer the case for investigation to the Office of the Bar Confidant, or to any officer of the Supreme Court, or judge of a lower court; and 2. The investigation shall proceed in the same manner provided under Sections 6 to 11 (please see above procedure on investigation):save that the review of the report of the investigator shall be conducted directly by the Supreme Court (RULES OF COURT, RULE 139-B, Sec 13, as.amended by Bar Matter No. 1645), Q: May an investigating judge dismiss acase? ANS: An investigating judge cannot dismiss a case. The investigating judge's authority is only to investigate, make a report and recommendation on the case to be submitted to the SC for final determination (Garciano v. Sebastian, A.M. MTJ-88-160, March 30, 1994). Q: What is the quantum of proof required? ANS: The evidence “required in. suspension or disbarment proceedings is preponderance of evidence. In case the’ evidence of the parties are equally balanced, the equipoise doctrine mandates a decision in favor of the respondent. For the Court to exercise its disciplinary powers, the case against the respondent must be established by clear, convincing and satisfactory proof. (Vda. de Robosa v. Mendoza, A.C. No. 6056, September 9, 2015) Q: Whatiis the rule on the imposition of penalties against erring lawyers? ANS: Beiow are the guidelines in the imposition of penalties against an erring lawyer, by the SC division, or by en bane: Dy) TE Peers uty One year or less Exceeds 1 year Gi P 10,000 or less P10,000 or more a If the suspension does not} If the — suspension MMO CUSCMEUCMSuCMs exceed one year or the fine | exceeds one year or the does not exceed P10,000 fine exceeds P10,000 ty fee Service will be successive, not simultaneous (Investment and Management Services Corp v. Roxas. A.C. No. 1417, April 17, 1996)). 748VOL 2. Vf 233 to Profe: agement _ BEDAN RED BOOK. My LI Q: May a party who sought the suspension or disbarment of a lawyer because the latter was not able to pay his debt, acquired by the lawyer in his private capacity, recover the amount loaned in the same administrative case filed? ANS: No. The quantum of evidence in a disbarment case and in a civil action for Collection of sum of money to recover debts are different from one another, deterring the court from ruling on the merits in the issue of recovery of the sum of money. The administrative complaint requires substantial evidence to justify a finding of liability, while a civil action requires greater evidentiary standard of preponderance of evidence. A proceeding for suspension or disbarment is not a civil action where the complainant is 2 plaintiff and the respondent lawyer is a defendant. Disciplinary proceedings involve no Private interest and afford no redress for private grievance. They are undertaken and prosecuted solely for the public welfare. The purpose of disbarment is mainly to determine the fitness of a lawyer to continue acting as an officer of the court and as Participant in the dispensation of justice, and the purpose to protect the courts and the Public from the misconduct of the officers of the court and to ensure the administrati of justice (Sosa v. Mendoza, A.C. No. 8776, March 22, 2015) verable Amounts; Int Q: If the debt is acquired by the iawyer by virtue of an attorney-client relationship, is recovery of the amount possible in the.same administrative case filed? ANS: Yes. If the money is acquired by virtue of ‘the professionai relationship of the tawyer to his client and not in his personal or private capacity, the same may be fecovered in the administrative case (Foster v. Agiang, A.C.:No. 10579, December 10, 2014), q Z D.READMISSION TO THE BAR # Q: When the privilege ‘to practice. law has been /lost, may it once again be restored? f cil ANS: Yes. There is no irretrievaiole finality. as far as admission to the bar is concerned. So it is likewise’as.to loss of membership. What must ever’be borne in mind is that membership in the bar, is a privilege burdened with conditions. Failure to abide by any of them entails the loss of such privilegé ifthe. gravity thereof warrants such drastic move. Thereafter a sufficient time having elapsed’and after actuations evidencing that there was due contrition on the part of the transgressor, he may once again be considered for the restoration of such a privilege (In Re: Edillon, AC-1928, December 19, 1980). Q: What is reinstatement? ANS: It means the readmission to membership in the Bar and the restoration to a disbarred lawyer, the privilege to practice law (PINEDA, supra at 443). While disbarment and suspension of lawyers are modalities to regulate the legal profession and weed out those who are deemed unfit in the practice the Supreme Court will not hesitate to readmit a disbarred lawyer who has shown rehabilitation and potential to contribute to the legal practice (Que v. Revilla, Jr, A.C. No. 7054 (Resolution), November 11, 2014). Q: Who may reinstate a lawyer’? ANS: The Supreme Court has the exclusive authority to reinstate the privilege to practice law to a disbarred lawyer or an indefinitely suspended lawyer to the office of attorney-at-law (AGPALO, Legal and Judicial Ethics, supra at 593). 749DAN REDBOOK Jr Le wi fe been. Q: What are the guidelines to be observed in lifting an order of suspension of a lawyer from the practice of law? ANS: The following should be observed in lifting an order of suspension of a lawyer from the practice of law: 1. After a finding that respondent lawyer must be suspended from the practice of law, the Court shall render a decision imposing the penalty; 2. Unless the Court explicitly states that the decision is immediately executory upon receipt thereof, respondent has 15 days within which to file a motion for reconsideration. The denial of said motion shall render the decision final and executory; 3. Upon the expiration of the period of suspension, respondent shall file a Sworn Statement with the Court, through the Office of the Bar Confidant, stating therein that he or she has desisted from the practice of law and has not appeared in any ccurt during the period of his or her suspension; 4. Copies of the Sworn Statement shiall be furnished to the Local Chapter of the IBP and to the Executive Judge of the courts where respondent has pending cases handledby-him-or her,-and/or, where he.or she has appeared as counsel; 5. The Sworm Statement -shall__be considered as proof of respondent's compliance with the order of suspension; and 6. Any finding or report contrary to the statements made by the lawyer under oath shall be a ground, for the imposition of a more severe punishment, or disbarment, as may be. warranted (Maniago v. Atty) De Dios, A.C. No. 7472 (Resolution), March 30, 2010). Lawyers whg have been disbarred Q: When may a disbarred lawyer be reinstated? ANS: A disbarred lawyer may be reinstated, upon ‘determination whéther the applicant has satisfied and, convinced the Court, by positivé evidence, that the/effort he has made toward the rehabilitation of his character has béen successful, and, therefore, he is entitled to be readmitted to’a profession which is intrinsically anv office of trust (In Re: Rusiana, A.C. No. 270 (Resolution), March 29, 1974): Q: What is “positive evidence?” ANS: The “postive evidence” Telets to procis ‘of hofesty, integrity, and good moral character; through written testimonials of credible institutions and personalities (FUNA, Legal and Judicial Ethics, supra at 429) Q: What are the criteria to be considered in reinstating a lawyer? ANS: Below are the criteria to be considered in reinstating a lawyer: 1. Appreciation of the significance of his dereliction; Assurance to the court that he now possesses the requisite probity and integrity necessary to guarantee his worthiness to be restored to the practice ofla Time elapsed between disbarment and application for reinstatement; Good conduct and honorable dealing subsequent to his disbarment; Active involvement in civil, educational, and religious organizations; Favorable indorsement of IBP as well as local government officials and citizens of his community; and Pleas of his mother and wife for the sake and fortune of his family (Tan v. Sabandal, B.M. No.4, February 10, 1989). Paso a 750BEDAN RED BOO 2015 Q: What are the other conditions that may be imposed on the applicant for reinstatement? ANS: The following conditions should be fulfilled by a lawyer in applying for reedmission to the bar: 1. The SC may also require specia! conditions to be fulfilled by the applicant, in addition to the iatler’s required rehabilitation. Such special conditions may include enrolling in and passing the required fourth year review classes in a recognized law school; and 2. Prior to actual reinstatement, the applicant will be required to take anew the lawyer's oath and sign once again the Roll of Attomeys after paying the requisite fees (PINEDA, Legal Ethics, supra at 445-446). Q: What are the effects of a lawyer's readmission? ANS: The following are the effects of readmission of a lawyer: 4. Recognition of moral rehabilitation and mental fitness to practice law; 2. Lawyer shall be subject to thensame law, rules and regulations as those applicable to any other lawyer; and 3. Lawyer must comply with the) conditions imposed on his readmission (AGPALO, Legal and Judicial Ethics, supra at 596). Note: Compliance with these conditions will resiore nis good standing as a member of the Philippine bar (Petition for Leave to Resume'Practice of Law, Benjamin M. Dacanay, B.M. No. 1678, December 17, 2007) may cog Q: What is the effect of executive pardon to the lawyer's disbarment? ANS: It depends. If the.pardon is granted after the disbarment case, the disbarred lawyer due to conviction for a crime is not automatically reinstated to the practice of law upon being pardoned by the President. To\be reinstated, there,is still a need for the filing of an appropriate petition with the SC (PINEDA, Legal Ethics, supra at 446-448). If granted prior to the disbarment case, absolute pardon opéfatés to wipe out the conviction, and is a bar to any proceeding for the disbarment of the attomey (In Re: Atty. Tranquilino Rovero, A.C. No. 126, December 29, 1980). However, if the pardon granted was conditional, respondent must be judged.upon the fact of his conviction, without regard to the pardon he invokes as defense: The degree of moral turpitude invoived is such as to justify his being purged from the profession (In'Re: Disbarment Proceedings against Atty. Gutierrez, A.C. No. L-363, July 31, 1962). MANDATORY CONTINUING LEGAL EDUCATION (B.M. NO. 850, AS AMENDED) Q: What is the purpose of MCLE? ANS: The purpose of MCLE is to ensure that throughout a lawyer’ career, members of the IBP: 1. Keep abreast with law and jurisprudence; 2. Enhance the standards of the practice of law; and 3. Maintain the ethics of the profession (B.M. No. 850, RULE 1, Sec. 1) Requirements Q: What are the requirements of MCLE? ANS: Members of the IBP, unless exempted under Rule 7, shall complete every 3 years at least 36 hours of continuing legal education activities (B.M. No. 850, RULE 2, Sec. 2). Note: Nevertheless, members may participate in any legal education activity wherever it may be available to earn credit unit toward compliance with the MCLE requirement (B.M, No,850, RULE 3, Sec. 2). 751Q: What are the general compliance procedures? ANS: Each member shall secure from the MCLE Committee a Compliance Card before the end of his compliance period. He shall complete the card by attesting under oath that he has complied with the education requirement or that he is exempt, specifying the nature of the exemption. Such Compliance Card must be returned to the address indicated therein no later than the day after the end of the member's compliance period (B.M. No, 850, RULE 11, Sec. 1). Each member shall maintain sufficient record of compliance or exemption, copy furnished the MCLE Committee. The record required to be provided to the members by the prov fider pursuant to Section 3(c) of Rule 9 should be sufficient record of attendance at a participatory activity. A record of non-participatory activity shall also be maintained by the member, as referred to in Section 3 of Rule 5 (B.M. No. 850, RULE 11, Sec. 2) Q: What constitutes non-compliance with MCLE? ANS: The following constitutes non-compliance with MCLE: (FACE-CA) q a Fi 3 Fi 4. Fe cr 5. Fi 6. cl Failure to pay non-compliance Fee within the prescribed period; ailure to provide Attestation of compliance or exemption; ailure to Complete education requirement within the compliance period; ‘ailure to satisfy.the’ Education requirement and furnish the evidence of such ompliance within sixty.(60) days from receipt of non-compliance notice; ailure to provide satisfactory evidence of Compliance; and Any other act or omission Analogous to any of ihe\foregoing or intended to ircumvent.or evade compliance with the MCLE requirement (B.M. No. 850, RULE 12, Sec. 1). Exemptions Q: Who, ANS: The following are'exempted from the MCLE requirement: (PS-SC-ConDOm-JSQ- - ChaR-GI A. 2; 3 os a Ow 12 13. are exempted from MCLE requirement? MN) / The President, Vice-President, and the Secretaries and’ Undersecretaries of executive departments; i Senators and Members of the House of Representatives; The Chief Justice and Associate Justices of the SC, incumbent and retired justices of the judiciary, incumbent membérs.of the Judicial and Bar Council, and incumbent court lawyers covered: by the Philippine Judicial Academy Program of Continuing Legal Education; The Chairman and Members of the Constitutional Commissions; Incumbent Deans, bar reviewers, and professors of law who have teaching experience for at least ten (10) years in accredited law schools; The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman, and ihe Special Prosecutor of the Office of the Ombudsman; The Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of the Department of Justice; The Solicitor-General and the Assistant Solicitor-General; Heads of government agencies exercising Quasi-judicial functions; The Chancellor, Vice-Chancellor, and members of the Corps of Professional Lecturers of the Philippine Judicial Academy (B.M. No. 850, RULE 7, Sec. 1); Those who have Retired from law practice with the approval of the IBP Board of Governors (B.M. No. 850, RULE 7, Sec. 2); The Government Corporate Counsel, Deputy, and Assistant Government Corporate Counsel Governors and Mayors (B.M. No. 850, RULE 7, Sec. 1); and 752BEDAN RED BOOK 14, Those who are Not in law practice, private or public (B.M. No. 850, RULE 7, Sec. 2). Note: A member may file a verified request setting forth a good cause for exemption, (such, as physical disability, illness, post graduate study abroad, proven expertise in- law, etc.), from compliance with or modification of any of the requirements, including an extension of time for compliance, in accordance with a procedure to be established by the MCLE Committee (B.M. No. 850, RULE 7, Sec 3) Sanctions Q: What is the effect of non-compliance with MCLE requirement? ANS: A member who fails to comply with the requirements after the 60-day period shall be listed as a delinquent member by the IBP Board of Governors upon recommendation of the Committee on MCLE. The listing as a delinquent member is administrative in nature but shall be made with notice and hearing by the Committee on MCLE (B.M. No. 850, RULE 13, Sec 2.). Note: B.M. No. 1922, as amendey, requirés practicing members of the bar to indicate in all pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable, for the immediately preceding compliance period. Failure to disclose the required information would cause the dismissal of the case.and the expunction of the pleadings from the records (OFFICE OF THE GOURT ADMINISTRATOR CIRCULAR NO, 79-2014). Se F. NOTARIAL PRACTICE Q: Who is a notary public? i i ANS: A notary public is one appointed by the court whose duty is to attest to the genuineness of any deed or writing in ofder to render‘them available as evidence of facts stated therein and who is authorized by the statute. to administer various oaths (RULES OF NOTARIAL PRACTICE, RULE 2, Sec. 9, A.M, NO. 02-8-13-SC). fen cations of Nc What are the qualifications of a notary/public? ANS: A notary public: (CARGC) Bats 1. Must be a Citizen of the Philippines; 2. Must be over 21 years of Age; 3, Must be a Resident in the Philippines for at least 1 year and maintains a regular place of work or business in the city or province where the commission is to be issued; 4. Must be a member of the Philippine Bar in Good standing with clearances fry the Office of the Bar Confidant of the SC and the IBP; and 5. Must not have been Convicted in the first instance of any crime involving moral turpitude (A.M. No, 02-08-13-SC, RULE Ill, Sec. 1) Q: May a Municipal Trial Court Judge perform notarial acts? ANS: Yes. MTC and MCTC judges, assigned to municipalities or circuits with no lawyers or notaries public may, in their capacity as notaries, public ex officio, perform any act within the competency of a regular notary public, provided that: 1. All notarial fees charged be for the account of the Government and turned-over to the municipal treasurer (Lapena, Jr. v. Marcos, Adm. Matter No. 1969-MJ, June 29, 1962); and 2. Certification be made in the notarized documents attesting to the lack of any lawyer or notary public in such municipality or circuit (A.M. No. 89-11-1303, December 19 1989; Abadilla v. Tabliran, Jr., A.M. No. MTJ-92-716, October 25, 1995) 753VOL 2. 2019 BEDAN RED BOOK 2 Pa Q: What is the term of office of a notary public? ANS: A notary public may perform notarial acts in any place, within the territorial jurisdiction of the commissioning court for a period of 2 years commencing on the first day of January of the year in which the commissioning is made unless earlier revoked or the notary public has resigned according to these Rules and the ROC (A.M. No. 02-08- 13-SC, RULE Ill, Sec. 11). Pow. imitati Q: What are the powers of a notary public? ANS: A notary public is empowered to perform (NoCeS) 1. Notarial acts, such as (SACOSA) ‘a. durat; b. Acknowledgment; c. Copy certification: d. Qaths and affirmation; e. Signature witnessing; and Any other act authorized by these Rules 2. Gertily the affixing.of signature by thumb or other mark on an instrument or document presented for notarization; and 3. Sign, on behalf of a person who is physically unable to sign or make a mark on an instrument (A.M. No, 02-08-13-SC, RULE IV, Sec. 1). Q: When is a notary public prohibited to perform a notarial act? ANS: The following are the prohibited acts: (O-Si) 1. Anotary public shallinot ‘o perform a notarial act Outside his regular place, or business: Otherwise, he is bereft of power. to perform any notarial act (Guerrero v. Bihis, G.R. No. 174144, April 17,2007). 2. A person'shall not perform a notarial act if the person involved as Signatory to the instrument or documentis: (PreK) a. Notin thé notary’s Presence personally at the time of the notarization b. Not personally Known to the notary public or otherwise identified by the notary public through competent evidence. of identity (A.M. No. 02-8- 13-SC. Rule IV, Sec.-2 (b)): Q: When is a notary public disqualified to perform a notarial act? ANS: A notary public is disqualified from performing a notarial act if he: (PReS) 1. Is a Party to the instrument or document; Will Receive, as a direct or indirect result, any commission, feu, advantage, right, title, interest, cash, property, or other consideration, except as provided by these Rules and by law; and 3. _ Isa Spouse, common-law partner, ancestor, descendant, or relative by affinity ‘or consanguinity of the principal within the fourth civil degree (A.M. No. 02-08- 13-SC, RULE IV, Sec. 3). Q: What is the function of a nctary public? ANS: The function of notary public is, among others, to guard against any illegal and immoral arrangements; and such would be defeated if the notary public was one of the signatories to the instrument. For then, he would be interested in sustaining the validity thereof as it directly involves himself and the validity of his own act. It would place him in an inconsistent position, and the very purpose of the acknowledgment, which is to minimize fraud would be thwarted (Villarin v. Sabate, Jr., A.C. No. 3324 (Resolution), February 9, 2000) 754VOL 2. 2019 n= YN 1519)1=(0 108) 54 Not za Q: What is a notarial register? ANS: A notarial register refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public (A.M. No. 02-08-13-SC, RULE II, Sec. 5). Jurisdiction of Notary Public and Place of Notarization Q: What is the jurisdiction and term of the notary public? ANS: A person, commissioned as notary public, may perform notarial acts in any place within the territorial jurisdiction of the commissioning court (A.M. No. 02-08-13-SC, RULE Ill, Sec. 11). Q: What are the exceptions? ‘ANS: Generally, a notary public shall not perform a notarial act outside his jurisdiction and his regular place of work or business,,However, a notarial act maybe performed at the request of the parties in the following sites located within his territorial jurisdiction: (OAHA) = 1. Public Offices, convention halls and similar places where oaths of office may be administered: : 2. Public function Areas in hotels an ‘or documents requiring notarizatio 3 3. Hospitals and medical institutions where a party to the instrument or document is confined for treatment; and.» 1 4. Any place where a party to the instrument or dociiment requiring notarization is under detention (A.M: No, 02-08-13-SC, RULELV, See. 2, par. (a)). imilar places forthe signing of instruments Competent. nce of identi Q: What constitutes competent evidence of identi ‘he following constitutes competentievidence: “S02 ss It refers.to the identification of an individual bzsédon at least one current identification’ document issued by an official agency bearing the photograph and signature of the individual; seg: 2. The oath or affirmation of one credible witness.not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual; or 3. The oath or affirmation of two (2) credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification (A.M. No. 02-08-13-SC, RULE Il, Sec. 12). Note: A.M. No. 02-08-13-SC which refers to the amendment of the 2004 Rules on Notarial Practice deleted the Community Tax Certificate among the accepted proof of identity of the affiant because of its inherent unreliability (Advance Paper Corporation v. Arma Traders Corp., G.R. No. 176897, December 11, 2013). Sanctions Q: What are grounds for the revocation and imposition of administrative sanctions upon a notary public? ANS: The executive judge shall revoke a commission of, or impose appropriate administrative sanctions upon, any notary public who: 1. Fails to keep a notarial register, 2. Fails to make proper entry or entries in his notarial register concerning his notarial acts; 3. Fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following; 735VOL 2. 2019 BEDAN RED BOOK Fails to affix to acknowledgments the date of expiration of his commission; Fails to submit his notarial register, when filled, to the Executive Judge; Fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the judge; Fails to require the presence of a principal at the time of the notarial act; Fails to identify a principal on the basis of personal knowledge or competent evidence; Executes a false or incomplete certificate under Section 5, Rule IV; 0. Knowingly performs or fails to perform any other act prohibited or mandated by these Rules; or 11. Commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction (A.M. No. 02-08-13-SC, RULE XI, Sec. 1). gos ON ao Q: What are the punishable acts under the notarial law? ANS: The Executive Judge shall cause the prosecution of any person who: 1. Knowingly acts or otherwise impersonates'a notary public; 2. Knowingly obtains, conceals, defaces, or destroys the seai, notarial register, or official records of a niotary public: or. ] 3. Knowingly soiicits, coerces, or in any way influences arnotary public to commit official misconduct (A.M.-No-02-08-13-SC, RULE XII, Sec. 1) Relation to the Code of Professiona! Responsibility \ Q: May a lawyer be disbarred.or suspended for engaging in-certai of a notary public? i \r- ANS: Yes. Notarization is not\an empty, meaningless and routine act. It is invested with substantive public“intérest that only those who are ay-alified or authorized may act as notaries public, It must be emphasized that the act/of notarization.by a notary public converts a privaté document into’a public document making that document admissible in evidence without further, proof of authenticity. - A notarial document is by law entitled to full faith and credit upon ‘ts face, and for this reason, notariés public must observe with utmost care the basic requirements in the performance of their duties (Re: Violation of Notarial Practice, AM. No. 09:6-1SC, January 21, 2018). f unlawful acts For instance, by performing notarial acts without the hecessary commission from the court, a notary public would’ violate not only his oath:to’obey the laws particularly the Rules on Notarial Practice but also.Canons..1~and 7 of the Code of Professional Responsibility which proscribes all lawyers from engaging in unlawful, dishonest, immoral or deceitful conduct and directs them to uphold the integrity and dignity of the legal profession, at all times (Re: Violation of Notarial Practice, A.M. No. 09-6-1-SC, January 21, 2015). Il. JUDICIAL ETHICS A. SOURCES Q: What are the sources of judicial ethics? ANS: The sources of judicial ethics are: 1. Code of Judicial Conduct (1989); 2 Canons of Judicial Ethics (Administrative Order No. 162 dated August 1, 1946 of the Department of Justice); 3. New Code of Judicial Conduct for the Philippine Judiciary (A.M. No. 03-05-01- SC); Code of Professional Responsibility: Judicial and Bar Council Rules; oeBEDAN REDBOOK Je Jurisprudence Supreme Court Administrative Issuances; Article VIII of the Constitution; Rules of Court; and 0. Articles 204, 205, 206 and 207 of the Revised Penal Code. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft) Q: What is the New Code of Judicial Conduct for the Philippine Judiciary? ANS: The Supreme Court promulgated the New Code of Judicial Conduct for the Philippine Judiciary on April 27, 2004. It was adopted from the Bangalore Draft, as amended, which was intended to be the Universal Declaration of Judicial Standards appticable in all judiciaries (A.M. No. 03-05-01-SC). BLEND Q: What are the bases for the adoption of the Bangalore Draft? ANS: The Bangalore Draft is founded upon a universal recognition that: 1. A competent, independent and impartial judiciary is essential if the courts are to fulfil their role in upholding constitutionalism and ihe rule of law; 2. Public confidence in the judicial system and in the moral authority and integrity cf the judiciary is of utmost importance in a modern democratic society; and 3. It is essential that judges, individually and collectively, respect and honor judicial office as a public trust and strive:to enhance and maintain confidence in the judicial system (New Code of Judicial’Conduct / The Bangalore Draft, A.M. No. 03-05-01-SC). Q: What is the purpose of the adoption cf the Bangalore Draft? ANS: The purpose of the adoption of the Bangalore Draft is to: 1. Be the Universal Declaration of Judicial Standards applicable in all judiciaries; 2. Update and correlate the Code of Judicial Conduct and the Canons of Judicial Ethics adopted for the Philippines; and 3. Stress the Philippines’ solidarity with the universal clamor for a universal code of judicial ethics (New Code of Judicial Conduct The Bangalore Draft, A.M. No. 03-05-01-SC). ~ Q: What is the legal implication of the adoption, of the New Code of Judicial Conduct with respect to the other sources of judicial ethics? ANS: The New Code of Judicial Conduct supersedes the Canons of Judicial Ethics and the Code of Judicial Conduct to the extent that the provisions or concepts therein are embodied in the Code. In case of deficiency or absence of specific provisions in the Code, the Canons of Judicial Ethics and the Code of Judicial Conduct should be applicable in a suppletory character (A.M. No. 23-05-01-SC, Definitions). Q: What is the outline of the New Code of Judicial Conduct for the Philippine Judiciary? ANS: The quaiities which an ideal judge must possess are the following: (I? PECD) Canon i. Independence; Canon 2. Integrity, Canon 3. Impartiality Canon 4. Propriety Canon 5. Equality; and Canon 6. Competence and Diligence (A.M. No. 03-05-01-SC) Q: What are the aspects of Judicial Independence and how do they differ from each other? ANS: The aspects of Judicial Independence are individual judicial independence and institutional judicial independence. Individual judicial independence focuses on each particular judae and seeks to insure his or her ability to decide cases with autonomy 757BEDAN RED BOOK 2018 within the constraints of the law. On the other hand, Institutional judicial independence focuses on the independence of the judiciary as a branch of government and protects judges as a class (In Re: The Allegations Contained in the Colur:ns of Mr. Amado P. Macasaet Published in Malaya dated September 18, 19, 20 and 21, 2007, A. M, No. 07- 09-13-SC, August 8, 2008). Q: Under the New Code of Judicial Conduct for Judges, who are those considered as the Judge’s family? ANS: Judge's family includes a judge's spouse, son, daughter, son-in-law, daughter-in- law, and any other relative by consanguinity or affinity within the sixth civil degree, or person who is a companion or employee of the judge and who lives in the judge's household (New Code of Judicial Conduct / The Bangalore Draft, A.M. No. 03-05-01- SC, Definitions). Code of Judicial Cond Q: What is the Code of Judicial Conduct:and its applicability? ANS: This Code was drafted by the Committee on the. Code of Judicial Conduct under the chairmanship of Justice Irene’ Cortes on August 25, 1989 titled “Proposed Code of Judicial Conduct, was promulgated under A.M:-No, 89-9-009-SC. Once the SC resolved to unanimously accept and approve said Code, all. judges were required to strictly comply with the Code of, Judicial-Conduct. The Code took éffect'on October 20, 1989 (CODE OF JUDICIAL~CONDUCT). It was superseded by the New Code of Judicial Conduct. Still, 't has a suppletory character on matters that are not covered by new code (New Code of Judicial Conduct, A.M. No. 03-05-01-SC). j B. DISQUALIFICATION OF JUDICIAL OFFICERS Q: What is the difference between disqualification and inhibition? | ANS: As to the concept: For disqualification, under the first paragraph of Section 1 of Rule 137 of the Rules of Court, it is conclusively presumed that judges cannot actively and impartially ‘sit in the instances mentioned; while, the second’ paragraph, which governs voluntary inhibition, gives-.judges.the exclusive prerogative to rescue themselves from ‘hearing cases for reasons other than those pertaining to their pecuniary interest, relation, previous connection, or previous rulings or decisions (In Re: Verified Complaint of-Venusto D:-Hamoy, Jr., IPI No. 17-249-CA-J, September 15, 2097), As to the grounds: For disqualification, the Rules enumerated the specific and exclusive grounds under which any judge or judicial officer is disqualified from acting as Such; while there are no specific grounds for inhibition enumerated and there is merely a broad basis given thereof (RULES OF COURT, RULE 137). As to the application of judicial discretion: In disqualification, the judicial officer has No discretion to try or sit in a case while in Inhibition, the judge may exercise his sound discretion whether to try the case or not (RULES OF COURT, RULE 137). Q: How is the objection to the competency of a judicial officer made and its effect? ANS: If it be claimed that an official is disqualified from sitting as provided in Section 1, the party objecting to his competency may, in writing, file with the official his objection, stating the grounds therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of ‘his disqualification. His decision shall be forthwith made in writing and filed with the other papers in the case, but no appeal or stay shall be allowed from, or by reason of, his decision in favor of his own competency, until after final judgment in the case (RULES OF COURT, RULE 137, Section 2) 758VOL 2. 2019 = BEDAN RED BOOK lompuls Q: What are the grounds for compulsory disqualification of judges under the Rules of Court? ANS: The following are the grounds: (PREP) 4. When the judge, or his wife or child, is Pecuniarily interested as heir, legatee, creditor or otherwise; 2. When the judge is Related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law; 3. When the judge has been Executor, administrator, guardian, trustee or counsel; or 4. When the judge has Presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record (RULES OF COURT, RULE 137, Sec. 1). Q: What is the rationale behind the disqualification of judges as established in Section 1, Rule 137 of the Rules of Court? ANS: !t is to preserve public faith in the judiciary’s faimess and cbjectivity to allay suspicions and distrust as to a possible bias and prejudice.in favor of a party coming into play (Hecienda Benito, Inc. v- IAC, G.R. No:.75297, August 12, 1937). Q: What are the grounds for compulsory disqualification under the New Code of Judicial Conduct or the Bangalore Draft? j ANS: The following are the grounds: (APE-TAGLE-RRF) \ 1. The judgeshas Actual bias or :prejudice concerning 'a party or personal knowledge of disp ited evidentiary. facts concerning the proceedings; 2. The judge Previously served as-a lawyer op was a material witness in the matter in the controversy; rete 3. The judgs, oramember of his crher family, has:an Economic interest in the outcome of the matter in controversy; 4. The judge served as Trustee, Adm (TAGLE) in the case or matter!in® judge served as counsel during thi material witness therein, ‘The judge's ruling in a lower court is the subject of Review, The judge is Related by consanguinity or affinity to @ party litigant within the sixth civil degree, or to counsel within the fourth civil degree; or 7. That his or her spouse or child has a Financial interest, as heir, legatee, creditor, fiduciary or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings (New Code of Judicial Conduct / The Bangalore Draft, Canon 3, Sec. 5). istrator, Guardian, Lawyer or Executor intfoversy, or a former associate of the SSociationy.or the judge or lawyer was a Oa Voluntary Inhibition Q: What is the significance of the rule on voluntary inhibition? ANS: The import of the rule on the voluntary inhibition of judges is that the decision on whether to inhibit is left to the sound discretion of conscience of the judge based on his rational and logical assessment of the circumstances prevailing in the vase brought before him. It makes clear to the occupants of the Bench that outside of pecuniary interest, relationship or previous participation in the matter that calls for adjudication, there might be other causes that could conceivably erode the trait of objectivity. thus calling for inhibition (Uniwide Sales Warehouse Club, Inc. v. Madrona, G.R. No. 193972 (Notice), April 19, 2017). 759BEDAN RED BOOK VOL 2. 2019 Q: When may judges voluntarily inhibit to try a case? ANS: Oiher than those mentioned in Section 1, Rule 137 of the Rules of Court (and Section 5, Canon 3 of the Bangalore Draft provides that a judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons. The issue of voluntary inhibition is primarily a matter of conscience and sound discretion on the part of the judge based on his or her rational and logical assessment of the case (Villamor, Jr. v. Manalastas, G.R. No. 171247, July 22, 2015). Q: When should a judge inhibit himself from a case? ANS: A judge may not be legally prohibited from sitting in litigation, But when Suggestion is made of record that he might be induced to act in favor of one party or with bias or prejudice against a litigant arising out of circumstance reasonably capable Of inciting such a state of mind, he should conduct a careful self-examination. He shouid exercise his discretion in a way that people's faith in the courts of justice is not impaired (Pimentel v. Salanga, G.R. No. L-27934 (Resolution), September 18, 1967) Q: How should the discretion to inhibit be exercised by a judge? ANS: The second paragraph’ of\Rule 137, Section 1 does not give judges unfettered discretion to decide whether to desist from hearing’a case>.The inhibition must be for just and valid causes, and in this regard, we have noted that the mere imputation of bias or partiality is not enough, ground for. inhibition, especially when. the charge is without basis. This Court has to'be shown acts or conduct clearly indicative of arbitrariness or Prejudice before/it’can brand them with the stigma’ of bias’ or partiality. Moreover, extrinsic evidence is required to establish bias, bad faith, malice or corrupt purpose, in addition to palpable-error which may-be inferred from the decision of order itself. The only exception’ tothe rule is when the error is so gross and patent as to produce an ineluctable inference of bad faith or malice (Castro v.!Mangrobang, A.M. No. RTJ-16- 2455 (Resolutinn),"April 11, 2016). Q: Should a judge be required to inhil one of the parties? \ ANS: No. Close personal. friendship is.not a ground for inhibition, as, Jong as that friendly relation with a party-litigant does not influence his official conduct as a judge. There must be convincing ‘proof that the judge gave undue privileges in his court to his close friend, or that his close. friend benefited from his personal relations with the judge, or the judge used his influence,.if any, to favor his close friend (Santos v. Lacurom, A.M. No. RTJ-04-1823 (Resolution), August 28, 2006). because of close personal friendship with However, it would have been more prudent if a judge avoided hearing cases where his Close friendship with one of the parties could reasonably tend to raise suspicion that his Social relationship with such party would be an element in his determination of the cases of Santos. This niay erode the trust of the litigants in respondent judge's impartiality and eventually, undermine the people's faith in the administration of justice. Judges must not only render a just, correct and impartial decision but should do so in such a manner as to be free from ary suspicion as to his fairness, impartiality and integrity (Santos v. Lacurom, A.M. No, RTJ-04-1823 (Resolution), August 28, 2006) Q; Are the disqualifications mentioned in Section 5, Canon 3 of the New Code of Judicial Conduct subject to exception? ANS: Yes. A judge compulsorily disqualified may, instead of withdrawing from ihe proceeding, disclose on the records the basis of disqualification. If, based on such disclosure, the parties and lawyers, independently of the judge’s participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings (New Cude of Judicial Conduct / The Bangalore Draft, Canon 3, Sec.6). 760C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES: Q: Where does administrative jurisdiction over Judges and Justices lie? ANS: The Supreme Court shall have administrative supervision over all courts and the personnel thereof (CONST., Art. Vill, Sec. 6). Q: May the Supreme Court, in the exercise of its administrative jurisdiction, impose disciplinary sanctions against judges and court personnel? ANS: Yes. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote cf a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon (CONST, Art. Vill, Sec. 11). This grant empowers the SC to oversee the judges’ and court personnel's administrative compliance with all laws, rules, and regulations, and to take administrative actions against them if they violate these legal norms (Office of the Court Administrator v. Ruiz, A.M. No. RTJ-13-2361, February 2, 2016). Q: Who shall investigate the complaint? ANS: Upon the filing of the respondent's comment, or upon the expiration of the time for filing the same and unless other pleadings or documents are required, the Court shall refer the matter to the Office of the Court Administrator (OCA) for evaluation, report, and recommendation or assign the case to a fétifed member of the SC, if the respondent is a justice of the CA and the Sandiganbayan; of to a justice of the CA, if the respondent is a judge of a Regional Trial Court or of a special court of equivalent rank; or to a judge of the RTC, if the respondent is a judge of an inferior court (RULES OF COURT, RULE 140, Sec. 3). q ' Q: May the SC lift’the disqualification from appointment to any public office attached to the dismissa! of a judge? ; \ ANS: Yes. The SC may lift the disqualification by granting judicial clemency. The following are the guidelines in resolving requests for judicial/clemency:)(ReRe-PAPO) 4. There must be proof of Remorse: and Reformation. These shall include but should ‘not.be limited to certifications or testimonials of the officer(s) or chapter(s) of the Integrated Bar of the Philippines, judges or judges associations and prominent members"ofithe community with proven integrity and probity. A subsequent finding’ of guilt: in.an, administrative case for the same or similar misconduct will give rise to a strong presumption of non- reformation; 2. Sufficient time must have lapsed from the imposition of the penalty to ensure a Period of reformation; 3. The Age of the person asking for clemency must show that he still has productive years ahead of him that can be put to good use by giving him a chance to redeem himself; 4. There must be a showing of Promise (i.e, such as intellectual aptitude, learning or legal acumen or contribution to legal scholarship and the developmeni of the legal system or administrative and other relevant skills), as well as potential for public service: and 5. There must be Other relevant factors and circumstances thal may justify clemency (Re: Diaz, A.M. No. 07-7-17-SC (Resolution), September 19, 2007). Q: May the Supreme Court preventively Suspend an administratively charged judge until a final decision is reached? ‘ANS: Yes, particularly when a serious charge is involved and a strong likelihood of guilt exists. This power is inherent in the Court's power of administrative supervision over all Courts and their personnel as a measure 10 allow unhampered formal investigation. It is. likewise a preventive measure to shield the public from any further damage that the gontinued exercise by the judge of tne functions of his office may cause, Should the 761GAGE ey 33 tenure of the Supreme Court Justice be thus terminated by impeachment, he may then be held to answer either criminally or administratively ( {through disbarment proceedings) for any wrong or misbehavior that may be proven against him in such proceedings (Office of the Court Administrator v. Ruiz, A.M. No. RTJ-13-2361, February 2, 2016). Q: What is the concept of “automatic conversion of administrative cases against justices and judges to disciplinary proceedings against them as lawyers”? ANS: An order to comment on the compiaint is an order to give an explanation on why a judge should not be held administratively liable not on! also as a member of the bar. This is the fair and re: ly as a member of the bench but asonable meaning of "automatic conversion” of administrative cases against justices and judges to disciplinary proceedings against them as lawyers. This will also serve the purpose of A.M. No. 02-9- 02-SC, to avoid the duj ition or unnecessary replication of actions by treating an administrative complaint filed against a member of the bench also as a disciplinary proceeding against him as a lawyer by mere operation of the rule. Thus, a disciplinary proceeding as a member of the bar-is.impliedly instituted with the filing of an administrative case against a justice of the Sandiganbayan, Court of Appeals and Court Of Tax Appeals or a judge.of a first- or second-level court (Campos v. Campos, A.C. No. 8644 [Resolution], January 22,2014). /CMNPRACTICAL EXERCISES? \ Legal Document . Q: What is a Legal Document? ANS: It is a deed, agreernent, title, paper, receipt, or/other witten instrument used to prove a fact (3 MORENO, Phil, Law Dictionary (1998). Preparation Q: What are the\cardinal rules in drafting legal documents? ANS: The following are thé.sules in drafting a legal doc eRe for ready reference.. s Be precise and concise in writing the docume: Avoid pronouns. Observe neatness. eros sument Begin the documenttwith its proper designation State the personal circumstances of the parties. State the principal or operational clauses in separate or numbered paragraphs, nt. Define technical terms, or those terms with special meanings. This clause may be inserted at the end of an agreement: “This contract shall extend and shall be binding upon the parties thereto, their executors, administrators and assigns.” 9. Indicate the place and date of execution (GUEVARRA, Legal Forms (2010) [hereinafter GUEVARRA, Legal Forms]. 762( = BEDAN RED BOOK (A. DEMAND AND AUTHORIZATION LETTERS: Q: Draft a Demand letter. ANS: April 19, 2019 MS. VEA ALONSO #123, 1st Street, San Miguel City of Manila FINAL DEMAND Madam: We are writing on behalf of our client, John Lloyd dela Cruz, on the matter of your non-payment of your obligation.» Records disclose that you have an outstanding obligation with our client in the amount of P100,000.00, with interest at.8% per annum, and thal despite repeated demands, you have failed and continuously fail to pay the aforesaid amount. Accordingly, FINAL DEMAND is. hereby made-upon'you to settle the amount of 100,000.00 within five (5) days from. receipt of this letter. Otherwise, we will be constrained to file the necessary legal action against you to’protect the interest of our client. : i We trust that you will give this matter your prompf and preferential attention to avoid the expense and inconvenience oflitigation. = = + Truly yours, (sgd.) Atty. Ellena Dama — (CIVIL CODE, Art. 1169, in relation to Art. 1193 Q: Draft an Authorization Letter. ANS: Date: April 19, 2019 Dear Sir/Madam, |, Choco Martin, married with residence at #123, 1st Street, San Miguel, Manila and who is presently an Overseas Filipino Worker based in Hong Kong, do hereby authorize Julia Montessori-Martin my wife, of legal age. married and with residence at #123, 1st Street, San Miguel, Manila to file my Calamity Loan Assistance Application duly signed by me, to sign and receive the Disclosure Statement under the Calamity Loan Assistance Program and to receive the check in my behalf. (sgd.) CHOCO MARTIN Member SS No.14344 763~ BEDAN RED BOO (sgd.) Julia Montessori-Martin April 19, 2019 ATTACHMENTS, (Patterned after the pre-made Authorization Letter forms available in the Social Security System website) B. SIMPLE CONTRACTS: LEASE AND SALE Q: Draft a Contract of Sale of Real Property ANS: CONTRACT OF SALE-OF.REAL PROPERTY KNOW ALL MEN BY THESE PRESENTS |, John Lloyd dela'Cruz, of legal age, Filipino, single, with residence at #123, 1st. Street, San/Miguel,,Manila for an in consideration of the. sum of one million pesos (P1,000,000,00),,feceipt of which is hereby acknowledged, do hereby SELL, TRANSFER, and CONVEY unto Ellena Darna a certain’ parcel of land located at Barangay 456, Sampaloc, Manila, more particularly described as follows: TCT No. 123456 A parcel of land (Lot 3, Block 1 of the subdivision plan (LRC) Psd- 1111, being \a portion of Lot 1-B situated in’ Barangay 456, Sampaloc, Manila. Bounded on the N by Lot 1, Block 1, on the 5 by Road Lot, on the S by Lot's, and on the W by Lot 6; containing an area of FOUR HONDRED ‘AND THREE 9) square meters, more or less. of which | am the absolute owner, free fromall liens and encumbrances. (sad.) John Lloyd dela Cruz Seller SIGNED IN THE PRESENCE OF: (sgd.) Angelica Pangilinan (sgd.) Shaina Magmayao Witness Witness ACKNOWLEDGMENT (GUEVARRA, Legal Forms, supra at 94) 764Gaye 7 38 Q: Draft a Contract of Sale of Personal Property ANS: CONTRACT OF SALE OF PERSONAL PROPERTY KNOWN ALL MEN BY THESE PRESENTS: |, John Lloyd dela Cruz, of legal age, single, Filipino, and with residence and postal address at #123, ist Street, San Miguel Manila, for and in consideration of the sum of four hundred thousand PESOS (P400,000), receipt of which is hereby acknowledged, have TRANSFERRED AND CONVEYED by way of absolute sale unto Vea Alonso a certain motor vehicle described as: MAKE: MOTOR NO.: Honda 12345690 SERIES: SERIAUCHASSIS NO.: Civic '}.1234564389 YEAR MODEL: |, FILE NO.: 2007 PLATE NO.: TMS 264 of which Tam the absolute owner, free from all liens and ‘encumbrances. i (sgd.) Jotin Lloyd dela Cruz f | Seley SIGNED iN THE PRESENCE OF. (sgd.) Angelica Pangilinan | ‘:=s:(sgd.) Shaina Magmayao Witness :. Witness ACKNOWLEDGMENT (GUEVARRA, Legal Forms, supra at 156) Q: Draft a Contract to Sell. ANS: CONTRACT TO SELL | KNOW ALL MEN BY THESE PRESENTS: This CONTRACT TO SELL, made and executed this April 19, 2049 by and between: John Lloyd dela Cruz, of legal age, Filipino, and with residence and postal address at #123, 1st Street, San Miguel, Manila, hereinafter referred to as the "SELLER/VENDOR", -AND- 765BEDAN RED BOO Ellena Darna, Filipino and with residence and postal address at #456, 2nd Street, San Miguel, Manila, hereinafter referred to as the "BUYER/VENDEE”. WITNESSETH; A parcel of land (Lot 3, Block 1 of the subdivision plan (LRC) Psd- 1111, being a portion of Lot 1-B situated in Barangay 465, Sampaloc, Manila. Bounded on the N by Lot 1, Block 1, on the E by Road Lot, on the S by Lot 5, and on the W by Lot 6; containing an area of FOUR HUNDRED AND THREE (403) square meters, more or less. WHEREAS, the SELLER/VENDOR is the absolute and registered owner of a parcel of land consisting of one thousand (1000) square meters, more or less, located at Barangay 465,Sampaloc, Manila. and covered by TCT No. 123456 issued by the Registry of Deeds of Manila; WHEREAS; the BUYERIVENDEE has offered to buy and the SELLER IVENDGR has agreed.to Sell the “above-mentioned property under the terms and conditions herein below set forth; NOW THEREFORE, for and in consideration of the total sum of One Million pesos (P1,000,000.00) Philippine Currency, and of the covenants hereinafter set forth the SELLERIVENDOR agrees to sell and the BUYER/VENDEE agrees to buy the aforesaid property subject to the following terms and conditions: 1. The total consideration shall be’ One Million (Phj PESOS, Philippine Currency, payable as follows: ,000,000.00) ‘The,amount of THREE: HUNDRED THOUSAND (Php: 300,000.00) PESOS, representing. earnest money shall be’ payable~by.—the .BUYER/VENDEE to the SELLER/VENDOR upon’ signing of this Contract to Sell; b) The remaining-bataneé” in the amount of SEVEN HUNDRED THOUSAND (Php: 700,000.00) PESOS, shall be paid in Cash on or before August 1, 2019. ¢) In case the check representing the payment for the balance provided in paragraph b hereof, is dishonored by the drawee bank, the earnest money in the amount of THREE HUNDRED THOUSAND (Php: 300,000.00) PESOS, shall be forfeited in favor of the SELLER/VENDOR. 2. Capital Gains Tax and Real Estate Tax, shall be for the account of the SELLER/VENDOR; 3. Documentary Stamps Tax, Registration Fee, registration expenses, and all other miscellaneous fees and expenses shall be to the account of the BUYER/VENDEE; 766BEDAN RED BOOK fea 4. Possession to the subject property shall be delivered by the SELLER/VENDOR to the BUYER/VENDEE upon full payment of the total consideration; 5. Upon full payment of the total price, the SELLER/VENDOR shall sign and execute a DEED OF ABSOLUTE SALE in favor of the BUYER/VENDEE. The SELLER/VENDOR shall likewise execute and/or deliver any end all documents, including but not limited to the original copy of Transfer Certificate of Title, Tax Declaration and all other documents necessary for the transfer of ownership from SELLER/VENDOR to the BUYERIVENDEE. IN WITNESS WHEREOF, | have hereunto set my hand this 19th day of April, 2019 in Manila, Philippines. “ (sgd.) John Lloyd dela Cruz (sgd.) Ellena Darna Seller 5 Buyer SIGNED IN THE PRESENCE OF: s j (sgd.) Angelica Pangilinan (sgd.) Shaina Magmayao Witness @ / Witness A pope ACKNOWLEDGMENT, (CIVIL CODE, Art. 1458) Q: Draft a Contract of Lease. t ANS: SN REPUBLIC OF THE PHILIPPINES ) CITY OF MANILA )S.S. CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: his CONTRACT OF LEASE is made and executed at the City of Manila, this 19th day of April, 2019, by and between: John Lloyd Dela Cruz, of legal age, married. Filipino, and witn residence and postal address at #123, 1st Street, San Miguel, Manila, hereinafter referred to as the LESSOR, -and- Ellena Darna, of legal age, married, Filipino and with residence and postal address at #456, 2nd Street, San Miguel, Manila hereinafter referred to as the LESSEE, 767EDAN RED BOOK WITNESSETH: WHEREAS, the LESSOR is the registered and absolute owner of a residential property located at Manila, Philippines, with TCT No. 43562 of the Registry of Deeds of the City of Manila, and the house built therein; WHEREAS, the LESSOR agrees to lease-out the property to the LESSEE and the LESSEE is willing to lease the same; NOW THEREFORE, for and in consideration of the foregoing premises, the LESSOR leases unto the LESSEE and the LESSEE hereby accepts from’ ihe LESSOR the LEASED premises, subject to the following conditions: 1. That the term of this lease shall be for a period of 5 years to commence on June-1; 2019-and to expire on June 1, 2024; 2. That the’ monthly rental onthe leased premises above-mentioned shall’te ten thousand PESOS (P10,000), Philippine Currency, to be’paid by the LESSEE _at the office of the LESSOR on or before the fifth (Sth) day of each and every month..Ibis expressly agreed ‘and Understood that the payment of the rental-herein stipulated shall be made without the necessity of express demand and without delay ‘on any ground whatsoever \ 3, That the LESSOR shall pay taxes and assessmonté corresponding | to the aforementioned parcel of land, while thé LESSEE shall pay the “expenses for electricity, water, and other utilities, 4.\ That the LESSEE hereby expressly agrees and warrants that the leased promises. shall be used by him,exclusiyely for residential purposes; and that the said LESSEE-is hereby strictly prohibited from using "the said premises for arly other purpose or bus’ without the prior written consent of the LESSOR; 5. That the major and minor repairs shall be for the account for the LESSOR; 6. That upon the siqning of this agreement, the LESSEE shall pay by way of deposit unto the LESSOR the sum of twenty thousand PESOS (P20,000) to answer for payment of rentals in the event that the LESSEE fails to pay the rentals on time and other expenses or charges that the LESSEE may owe in favor of the LESSOR; 7. That the LESSEE shalt have the right of first refusal should the LESSOR decide to sell the property during the term of the lease; IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 19th day of May, 2019 at the City of Manila, Philippines. (sgd.) John Lloyd dela Cruz (sgd.) Elena Darna Lessor LesseeFED ie coe / 28 SIGNED IN THE PRESENCE OF: (sgd.) Angelica Pangilinan (sge.) Shaina Magmayao Witness Witness JOINT ACKNOWLEDGMENT 9 SPECIAL POWER OF ATTORNEY Q: Draft a General Power of Attorney ANS: GENERAL POWER OF ATTORNEY KNOW ALL MEN THESE PRESENTS: 7 = Ge |, John Lloyd dela Cruz of legal’ age, Married to Vea Alonso, Filipino, a resident cf #123, 1st Street, San Miguel, Manila, do hereby name, constitute, and appoint Ellena Darna, to be my true.and iawful attorney,/for, me and in my name, place, and stead, to do'and perform the following acts and things to wit: Sip % FOES To have, sue, and to take any all lawful ways and means for the recovery thereof by suit, attachmen~, compromise orotherwise; an To delegate in'wholé’or in par any all of the powers herein granted or conferred, by means‘of an instrument in writing, favor of itd persons whom my said attorney may select; ~ a HEREBY GIVING AND GRANTING Unto my said attorney full power and authority whatsoever requisite or necessary oF proper tobe done in and about the premises as fully to all intents and purposes as | might and could lawfully do if personally present, with power of substitution and revocation. and hereby, ratifying and confirming all that my said attorney or his subsiitute shall lawiully do or cause to be done under and by virtue of these presents. IN WITNESS WHEREOF, | have hereunto set my hand this 19th day of April, 2020 in Manila, Philippines. (sod.) John Lloyd dela Cruz (sgd.) Ellena Darna Principal Attorney-in-fact SIGNED IN THE PRESENCE OF: (sgd.) Angelica Pangilinan (sgd.) Shaina Magmayao Witness Witness ACKNOWLEDGMENT (GUEVARRA, Legal Forms, supra at 161) 769RED BOOK Q: Draft a Special Power of Attorney (SPA) ANS: SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: |, John Lloyd dela Cruz, of legal age, single, resident of #123, 1st St., San Miguel, Manila, do hereby name, constitute, and appoint Ellena Darna, of legal age, single, resident of #456, 2nd St, San Miguel, Manila, to be my true and lawful attorney, for me and in my name, place, and stead, within a period of one (1) year, to sell the real property described thereunder, for a consideration of one million pesos (P1,000,000.00), to whosoever may buy or purchase the following described teal property, to wit: A parcel of land (Lot 3, Block 1,of the subdivision plan (LRC) Psd-1111, being’a portion of Lot'1-B situated in Barangay 456, Sampaloc, Manila Bounded on.the N by Lot 1jBlock 1, on the E by Road Lot, on the Sby Lot 5, and on the W by Lot 6; containing an area, of ROUR’HUNDRED“AND-THREE. (403) Square meters, more or less. of which | am the registered owner as evidenced by TCT No. 123456 of the Register of Deeds of Manila; and \ HEREBY. GIVING AND GRANTING unto my said attorney, full powers and authority to d and perform all and every act requisite or necessary to.carry into effect the foregoing authority to sell; as fully as to all intents and purposes as | might or could lawfully ‘do.if personally present, with full. power of substitution’ and revocation, and lrereby ratifying and confirming all that my said attorney’shall lawfully do or cause to be done by virtue thereof. IN WITNESS WHEREOF, |:have hereunto set my hand this 19th day of April, 2019 in Manila, Philippines: (sqd.) John Lloyd dela Cruz (sgd.) Ellena Darna Principal Agent Attorney-in-fact SIGNED IN THE PRESENCE OF: (sgd.) Angelica Pangilinan (sgd.) Shaina Magmayao Witness Witness ACKNOWLEDGMENT (GUEVARRA, Legal Forms, supra at 162) 770EE ma cea / 23 Q: Draft a Revocation of a Power of Attorney. ANS: REVOCATION OF SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: WHEREAS, |, JOHN LLOYD DELA CRUZ, of legal age, Filipino, single and a resident of #123, 1st Street, San Miguel, Manila, by a certain public instrument made and executed in the City of Manila on April 19, 2019 before Notary Public ATTY. LIZA SOBRANGANO of Manila and registered as Document No. 34; Page No. 2, Book No. 3; Series of 2019 in her notarial register, did name, constitute and appoint ELLENA DARNA, a resident of #456, 2nd Street, San Miguel, Manila as my true and lawful ATTORNEY-I FACT, for the purpose and with powers mentioned in said instrument; NOW, THEREFORE, |, JOHN LLOYD DELA CRUZ, by virtue of these presents hereby REVOKE, ANNUL and VOID the said power of attomey and all powers and authority therein or thereby given or granted or intended to be given or granted to said ELLENA DARNA; é (sgd.) John Lloyd Dela Cruz = Principal SIGNED IN THE PRESENCE OF: : (sgd.) Angelica Pangilinan s (sgd,j Shaina. Magmayao Witness 4 ; } Withess ACKNOWLEDGMEN (GUEVARRA, Legal Forms, supra at 166) * D. VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING Q: Draft a Verification and Certificate of Non-Forum Shopping. ANS: VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING REPUBLIC OF THE PHILIPPINES ) CITY OF MANILA )S.s. |, John Lloyd dela Cruz, of legal age. and a resident of #123, 1st Street, | San Miguel, Manila, under oath do hereby depose and state that: | 4. 1am the plaintiff in the above-cniitled case; 2. | have caused the preparation of this complaint; 3. Ihave read the contents and that the allegations therein are true and correct of my own personal knowledge and/or based on authentic records; 77AN RED BOOK 4. I have not earlier commenced any action or filed any claim involving the same issues in the Supreme Court, the Court of Appeals, or different divisions thereof, or any other court, tribunal, quasi-judicial agency and, to the best of my knowledge, no such action or claim is pending therein; and 5. If | should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other court, or any other tribunal or agency, | hereby undertake to notify this Honorable Court within five (5) days from such notice. Further affiant sayeth naught. IN WITNESS WHEREOF, | have hereunto set my hand this 19th day of April, 2019, “a, ! (sdd.) John Lloyd deta Cruz l Affiant OV SURAT (GUEVARRA, Legal Fofms, supra at 53) & NOTICE OF HEARING AND EXPLANATION i \ Q: Draft a Notize of Hearing and Explanation. ANS: ‘ \ Atty. Anne Cut Counsel for Plai NOTICE Z Greetings: fs Please be informed thal the foregoing Motion will be submitted for the court to resolve and take into 9:00 o’clock.in the moming on-April 30, 2019. EXPLANATION Due to the distance to the Plaintiff's counse! and to manpower limitations, Personal service is not practic: The undersigned counsel for the Defendant was constrained to file and/or serve this Motion by Registered mail ATTY. LIZA SOBRANGANO- Counsel ior Defendant Unit 1, Building X, Mendicta, Manila Roll No. 12345: 1/10/15 IBP No. 123456: 1/10/15 - Manila PTR No. 1234567: 1/119 — Manila SERVICE OF MOTION PROOF OF SERVICE (GUEVARRA, Legal Forms, supra at 370) 772DAN RED BOOK F. JUDICIAL AFFIDAVITS: Q: Draft a Judicial Affidavit. ANS: Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Cily of Mani Branch 45 PEOPLE OF THE PHILIPPINES, Plaintiff, -versus- Criminal Case No. 1234567 % For: Estafa JOHN LLOYD DELA CRUZ Accused. — (of Prosecution witness JOHN LLOYD DELA CRUZ in ligh?of Direct Testimony) os - fi 1, JOHN LLOYD. DELA GRUZ, 44 years old, employed as a businessman, residing at'#123, 1st Street, San Miguel, Manile, after having been duly sworn in,accordance with law, hereby'depose and states f PRELIMINARY, STATEMEN: ‘That the person examining me is ATTY. LIZA SOBRANGANO with law office address at #123, 1st Street, San Miguel, Manila. My Judicial affidavit is being above-mentioned place in the!presefice of John Sy and my companions. That the questions are asked in English Language but are translated in the Tagalog dialect which | speak and fully understand and | am giving my answers fully conscious that | do $0 under oath and | am aware that | may face criminal liability for false testimony or perjury for false statements made or given by me. OFFER OF TESTIMONY The testimony of the witness John Lloyd dela Cruz is being offered to prove that he is an eyewitness to the crime of Estafa. He will testify what he saw the day of their transaction with the accused and what later transpired in their agreement dated July 22, 2016. The witness will identify the accused in open court as the person who committed the crime. 4. Q: Mr. Witness, will you please tell the Honorable Court your name, age and other personal circumstances? A: Lam John Lloyd dela Cruz, 44 years old, a businessman, and a resident of #123, 1st Street, San Miguel, Manila. 2. Q: What is the nature of your business? ‘A: | am engaged in the buying and selling of jewelries. 773Geely 7 38 3. _Q: How long did you endeavor your business? A: It started in 2006 sir. 4. Q: How do you know Pedro Santos, the accused? A: He is one of my agents in the jewelry business. XXX ‘Manifestation: May | request this Honorable Court a few words to ponder in the act of the client by mere hiding this past 4 years constitutes an abuse of confidence over my ciient. The mere fact that he ran and hid from his obligation shows that the trust entrusted by my client over him was violated. THAT WILL BE ALL FOR THE WITNESS YOUR HONOR. IN WITNESS WHEREOF, | have herétnto set my hand this 20" of May 2017 at Manila, Philippines. \ . (sgd.) JOHN LLOYD DELA CRUZ ATTESTATION |, ATTY.-EIZA SOBRANGANO, of legal age, with office address at #7 N. Domingo St, Quezon City, do hereby certify that: i | propounded quéstion to JOHN LLOYD DELA CRUZ and faithfully recorded, or caused to be recorded, the questions | have asked and the corresponding answers that JOHN LLOYD DELA CRUZ’gave, as above stated: f Neither'l nor any, other perscn then present or aséisting the witness coached the latter regarding his answers. IN WITNESS WHEREOF, I have heretinto set my hand this 20" day of May 2017 at Manila, Philippines. w+ (sgd.) ATTY. LIZA SOBRANGANO, Unit 4, Building X, Mendiola, Manila Roll No. 45678: 1/10/15 IBP No. 123456: 1/10/15 - Manila PTR No. 1234567: 1/1/17 - Manila JURAT . | L _ a (AM. No. 12-8-8-SC, January 1, 2013) 7744 G. NOTARIAL CERTIFICATES: JURAT AND ACKNOWLEDGEMENT Q: Draft a Jurat. ANS: SURAT SUBSCRIBED and sworn to before me, this 19th day of April, 2019, in the City of Manila by John Lloyd dela Cruz with Passport No. EB12345, issued on ‘September 1, 2018 at DFA San Fernando, Pampanga. Doc. No. 34; (sgd.) ATTY. LIZA SOBRANGANO Page No. Notary Public for Manila Book No. 4; Commission Serial No. 123 Series of 2016. Until December 31, 2019 IBP No. 13425/Jan. 1, 2015/City of Manila PTR No. 21314/Jan 1, 2019/City of Manila (GUEVARRA, Legal Forms, supra at 52) Q: Draft an Acknowledgment. REPUBLIC OFTHE PHILIPPINES CITY OF MANILA a ; BEFORE_ME, this 19th day of April, 20:9, in the City of Manila, personally appeared John Lloyd dela Cruz with Passport No. EB12345 , issued on ‘September 1, 2018 in. DFA San Fernando|Pampanga, known to me to be the same person who executed the foregoing instrument-and acknowledged that the same are their free act and deed. ” IN WITNESS WHEREOF, | set unto my hand and seal on the date and place above written. Doc. No. 34; (sgd.) ATTY. LIZA SOBRANGANO Page No. 2; Notary Public for Manila Book No. 3; Commission Serial No. 123 Series of 2019. Until December 31, 2019 IBP No. 13425/Jan. 1, 2015/City of Manila PTR No. 21314/Jan 1, 2019/City of Manila (GUEVARRA, Legal Forms, supra at 47) 775N RED BOOK Q: Draft a Motion for Extension of Time ANS: pL Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region City of Manila Branch 45 JOHN LLOYD DELA CRUZ Plaintiff, ~ versus Civil Case No. 12345 For: Sum of Money ANGELICA PANGILINAN h Defendant. \ x x MOTION FOR EXTENSION OF TIMES” TOFILE COMMENT TO OFFER OF EVIDENCE\ Ostend, by counsel, respectfully alleges that: \ _On August 3, 2018, he received a copy of the'plaintit’s Offer of Evidence dated July 25, 2018, HehcZ, pursuant tothe order \ (ofthe Honorable Court in open court during the-July 22, 2018 \ hearing, defendant has five (5) days or until August 8, 2018 within Which to fle its, Comment ro the same; 2. However, due to volume.and pressure’ of work/‘coupled with other, equally important and urgent proféssional commitments, the undersigned) cotinsel' cannot complete-the said Comment to the Offer of Evidence wWwithin,the’ period required and will need an additional ten (10) days from August 8, 2018 or until August 18, 2018 within which to do so; 3. This motion is being filed due to the reason above stated and not for the purpose of delaying the instant case. WHEREFORE, defendant prays that he be granted an additional ten (10) days from August 8, 2018 or until August 18, 2078 within which to submit a Comment to the Offer of Evidence. Manila, Fhilippines. August 8, 2018. (sgd.) ATTY. LIZA SOBRANGANO Counsel for Defendant Unit 1, Building X, Mendiola, Manila Roll No. 45678: 1/10/15 IBP No. 123456: 1/10/15 - Mai PTR No. 1234567: 1/1/18 — Manila 776DAN RED BOOK REQUEST FOR AND NOTICE OF HEARING ‘THE BRANCH CLERK OF COURT Regional Trial Court City of Manila Greetings! Kindly submit the foregoing motion for consideration and approval of this Honorable Court immediately upon receipt hereof. (sgd.) ATTY. LIZA SOBRANGANO Counsel for Defendant Copy furnished: ATTY. ANNE CUTIES Counsel for the Plaintiff Unit 1, Building Y, Malate, Manila Se aie Please take’notice that counsel has requested for the approval of this motion immediately upon receipt. fi\ py (sad.) ATTY. LIZA SOBRANGANO; = \ “Counsel for Defendant / \ ct PROOF OF SERVICE m GUEVARRA, Legal Forms, supra at'376) Q: Draft a Motion to Dismiss. ANS: Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region City of M=nila Branch 45 JOHN LLOYD DELA CRUZ Plaintif, ~ versus - Civil Case No. 12345 For: Sum of Money ANGELICA PANGILINAN Defendant Keseereceecoe x MOTION TO DISMISS 7778 DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that as FAILS TO STATE A CAUSE OF ACTION as THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE. In ampiification of the foregoing ground, Defendant respectfully submits the following: Argument 1. Allegedly, defendant has failed to reach the quotas agreed upon under the Marketing Agreement dated December 1, 2018 Plaintiff now seeks to collect the sum of Five Hundred Thousand Pesos (P500,000.C0), representing the balance of the proceeds due plaintitf under the.said. Marketing Agreement. 2. The contract is. for two (2) years and'defendant is given that same period to reach the quota specified therein; the period of two years has not yet expired. Consequently, plaintif’s claim is premature as there is yet no breach of the Marketing Agreement Until the’period expires and the quota is not attained. For this, reason, plaintiffs Complaint states no cause of action and must be dismissed. Other just and equitable reliefs are also prayed for. Manila, Philippines. April 19, 2019. \ (sgd.) ATTY. LIZA SOBRANGANO Counsel for Defendant Unit 4, Building X, Mendiola, Manila Roli No. 45678: 1/10/15 IBP No. 123456:.1/10/15 ~ Manila” PTR No. 1234567: 1/4/19 - Manila MCLE No. 1-02345; 9/2/18 MCLE No: Il-67891; 9/2/18 REQUEST FOR AND NOTICE OF HEARING THE BRANCH CLERK OF COURT Regional Trial Court Maniia Greetings! Kindly submit the foregoing motion for consideration and approval of this Honorable Court immediately upon receipt hereof. (sgd.) ATTY. LIZA SOBRANGANO Counsel for Defendant 778{. BEDAN RED BOOK Copy furnished: ATTY. ANNE CUTIES Counsel for the Plaintiff Unit 1, Building Y, Malate, Manila Please take notice that counse! has requested for the approval of this motion immediately upon receipt. (sgd.) ATTY. LIZA SOBRANGANO, Counsel for Defendant PROOF OF SERVICE (GUEVARA, Legel Forms, supra at 363) Q: Draft a Motion to Declare Defendant in Default ANS: an Republic of the!Philippines REGIONAL TRIAL COURT! National Capital Judicial Region J Cityof Manila Branch 45 / J JOHN LLOYD DELA CR’'Z Plaintiff, ; ~ versus. - Civil Case No. 12345 For: Sum of Money ANGELICA PANGILINAN Defendant. aX, MOTION TO DECLARE DEFENDANT IN DEFAULT PLAINTIFF, by counsel. respectfully states that: 1. Plaintiff filed this Complaint against defendant on March 3. 2019, summons were served on defendant on March 20, 2019 as indicated by the Sheriff's return, attached as “ANNEX A.” 2. Defendant's reglementary period to file answer ended on April 5, 2019 that no motion for extension of such period was filed nor was any granted. Despite the lapse of the time, Defendant has failed to answer the Complaint against her. Plaintiff is entitled to a declaration of default and the right to present evidence ex parte against defendant. WHEREFORE, Plaintiff respectfully prays that Defendant be declared in default and that Plaintiff be allowed to present evidence ex parte. 7792019 April 6, 2019, Manila, Philippines (sgd.) ATTY. ANNE CUTIES. Counsel for Plaintiff Unit 4, Building Y, Malate, Manila Roll No. 23456: 1/10/15 IBP No. 78910: 1/10/15 - Manila PTR No. 78910: 1/4/19 — Manila MCLE No. 1-02345; 9/2/18 MCLE No. II-67891; 9/2/18 NOTICE OF HEARING Copy furnished: rt ATTY. LIZA SOBRANGANO, ‘Counsel for the Deféndant Unit 1, Building Y, Malate; Manila PROOF OF SERVICE (GUEVARRA, Legal Forms, supra at 383) ae Q: Draft a Mor‘on for Relief from Order of Default. / ANS: x Republic of the Philippines REGIONAL TRIAL COURT.” National Capital Judicial Region Manila’ Branch’45 JOHN LLOYD DELA CRUZ Plaintiff, - versus ~ Civil Case No. 12345 For: Sum of Money ANGELICA PANGILINAN Defendant. x MGTION FOR RELIEF FROM ORDER OF DEFAULT Defendant, by the undersigned counsel, respectfully alleges that: 1. She received on March 20, 2019 a copy of the order declaring her in default for failure to file her answer to the complaint within the 15-day period; 780BEDAN RED BOOK 2. There has yet no judgment rendered by the Honorable Court; 3. She failed to file her answer to the complaint because she did not personally receive the summons, as it was served upon a certain Taylor Sweet, who, defendant was informed, was at her residence at the time serving an invitation to a birthday party, and who was mistaken by the sheriff as the one authorized to receive the summons. Unfortunately, Taylor Sweet took said summons with her and defendant learned about the summons only when he received the order of default, thereby preventing her from filing her answer within the pericd. The defendant submits that these circumstances constitute fraud, accident, mistake, or excusable negligence in failing to file the answer; and . 4. Defendant has good and Valid defenses to defeat plaintiff's claim for a sum of money ag the same is barred by the statute of limitations, and in any ever same has been paid. WHEREFORE, defendant prays that the order of default be recalled or set aside and that defendant be given a period of ten (10) days from receipt of the order setting aside the order of default to file héranswer to the complaint. April 2, 2019, Manila Phiiippines. Sy pai (sgd.) ATTY. LIZA SOBRANGANO Counsel for Defendant Unit 4, Building X; Mendiola, Manila Roll No. 45678: 1/10/157 IBP No. 123456: 1/10/15 - Manila PTR No. 1234567: 1/1/19 — Manila MCLE No. |-01234; 9/2/18 MCLE No. II-56789; 9/2/18 NOTICE OF HEARING Copy furnished: ATTY. ANNE CUTIES Counsel for the Plaintiff Unit 1, Building Y, Malate, Manila (AGPALO, Legal Forms: Practical Exercises in Pleading ana Conveyancing (2006), p. 45) 781EDAN RED BOO APPENDIX “D" SYLLABUS FOR THE 2019 BAR EXAMINATIONS LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES - NOTE: This syllabus is an outline of the key topics that fall under the core subject “Legal and Judicial Ethics and Practical Exercises’. Accordingly, all Bar candidates should be guided that only laws, rules, issuances, and jurisprudence pertinent to these topics as of June 30, 2018 are examinable materials within the coverage of the 2019 Bar Examinations. a |. LEGAL ETHICS s A. Practice of Law 1 2. iSsion to.the Bar (Bar. Matter No. 1153) 3. Continuing reaCirene aero ship.inthe bar 4. Appearance of Non-Lawyers 7 a. Law student practice rule (Rule 138-A) b. _ Non-lawyers.in courts and/or administrative tribunals c. “Proceedings where lawyers are prohibited from appearing as counsels > ee \ 5. Prohibited practice of nor 62. Publi@officials and the practice of la _ disqualifications. & 7... TheLawyer's Oath ane B. Duties'and responsibilities of a Jawyer under the Code of Professional Responsibility e 1. To society (Canons 1 to'6) 2. To the legal profession. "= a... Canons 7 to 9 b.- Integrated Bar of the Philippines (Rule 139-A) — NOTHING FOLLOWS — 796BEDAN RED BOO BIBLIOGRAPHY MERCANTILE LAW Amador, V. (2000). The E-Commerce Act and Other Laws @ Cyberspace. Quezon City, Philippines: Advocate Book Supply Co. Aquino, T. (2014). Notes and Cases on Banking Law and Negotiable Instruments Law. Manila, Philippines: REX Book Store Inc. Aquino, T. (2014). Philippine Corporate Law Compendium. Manila, Philippines: REX Book Store Inc. Aquino, T. (2014). The Essentials of Insurance Law. Manila, Philippines: REX Book Store Inc. Aquino, T. and Hernando, R. (2016). The Essentials.of Transportation and Public Utilities Law. Manila, Philippines: REX Book Store Inc. 5 Banko Sentral ng Pilipinas. Banking Laws of the Philippines (Book |): The New Central Bank Act Annotated. Manila, Philippines ; Black, H. C. (1990). Black's law dictionary. 6th,Ed. St. Paul, Minnesota: West Publishing Broome And Markham. (2001). Regulation of Bank Financial Service Activities. Minnesota: West Academic Publishing. es An gintnayah Collins English dictionary. (1994). Glasgow: HarperCollins Publishers. De Leon H. & De Leon, Jr. H. (2016). Comments and Cases on Credit Transactions. Manila, Philippines: REX Book Store Inc. De Leon, H., and De Leon, H, (2013). The Corporation Code of the Philippines Annotated. Manila, Philippines: REX Book Store Inc. De Leon H. & De Leon, Jr. H. (2014). The Insurance Code of the Philippines. Manila, Philippines: REX Book Store Inc. De Leon, H. & De Leon, Jr. H. (2013). The Law on Negotiable Instruments (with Documents of Title). Manila, Philippines: REX Book Store Inc. Dizon, E. (2009). Banking Laws and Jurisprudence. Manila, Philippines: REX Book Store Inc. Dizon, E. (2009). The Insurance Code of the Philippines. Manila, Philippines: REX Book Store Inc. Dizon, E. (2011). Securities Regulation Code. Manila, Philippines: REX Book Store Inc. Funa, D. (2012). Intellectual Property Law. Quezon City, Philippines: Central Book Supply Inc. 797(= ~ BEDAN RED BOOK $eh8 Funa, D. (2012). Trademark Law of the Philippines. Quezon City, Philippines: Central Book Supply Inc. Lopez, R. (1994). The Corporation Code of the Philippines: Annotated. Pasig City, Philippines: Integrated Publishing House. Martin T. (1986). Commentaries and Jurisprudence on the Philippine Commercial Laws. Quezon City, Philippines: Central Book Supply Inc. Perez, H. (2000). Reviewer on Insurance, Insolvency and Code of Commerce. Manila, Philippines: REX Book Store Inc. Perez, H. (2014). The Insurance Code. Manila, Philippines: REX Book Store Inc. Sundiang, J. and Aquino, T. (2017). Reviewer on Commercial Law. Manila, Philippines: REX Book Store Inc. Villanueva, C. (2013). Philippiné Corporate Law. Manila; Philippines: REX Book Store Inc. iH Que: City, Villanueva-Castro, M.. (2015). Take Note Co! Philippines: Central Book Supply Inc: Villanueva-Castro, M. (2016). Take Note Commercial Law Series Quezon City, Philippines: Central Book Supply inc. |) CRIMINAL LAW, ot} Amurao, M. (2013). Commentaries on Criminal Law ~ Book Two Part One. First Edition. Quezon City, Philippines: Central Book Supply Inc. Boado, L. (2016). Compact Reviewer in Criminal Law — Books | and II, Revised Penal Code and Special'Laws. Manila, Philippines: REX Book Store Inc. Boado, L. (2018). Notes and Cases on the Revised Penal Code Books | and I! and Special Penal Laws. Manila, Philippines: REX Book Store Inc: Campanilla, M. (2018). Criminal Law Reviewer - Volume One. Manila, Philippines: REX Book Store Inc. Festin, G. (2013). Special Penal Laws Criminal Law Reviewer- Volume One. Manila, Philippines: REX Book Store Inc. Regalado, F. (2009). Criminal Law Conspectus. Revised Edition. Caloocan City, Philippines: Philippine Graphics Arts, Inc. Reyes, L. B. (2017). The Revised Penal Code - Criminal Law Book One. Nineteenth Edition, Manila, Philippines: REX Book Store Inc. Reyes, L. 8. (2017). The Revised Penal Code ~ Criminal Law Book Two. Nine'zenth Edition. Manila, Philippines: REX Book Store Inc. 798VOL 2, 2019 BEDAN RED BOOK RE REMEDIAL LAW Albano, E.S. et al. (2016), Remedial Law Reviewer. Quezon City, Philippines: Central Book Supply Inc. Bersamin, L.P. (2000). Appeal and Review in the Philippines. Quezon City, Philippines: Central Law Book Publishing Co., Inc. De Leon, M.M. and Wilwayco, D.R. (2015). Special Proceedings Essentials for Bench and Bar. Manila, Philippines: REX Book Store Inc. Feria, J.Y. (2004). 1997 Rules of Civil Procedure. Quezon City, Philippines: Central Law Book Publishing Co., inc. Feria, J-Y. (2013). Civil Procedure Annotated. Quezon City, Philippines: Central Law Book Publishing Co., Inc. f Festin, G.L.L. (2015). Special Proceedings: A’Foresight to the Bar Exam and the Practice of Law. Manila, Philippines: REX Book Store Inc. Francisco, RJ. (2017), Basic Evidence. Quezon’ Cityj:Rhilippines: Central Book Supply Inc : ; Herrera, O.M. (1999). Remedial Law. Book V. Manila, Philippines: REX Book Store Inc. Herrera, O.M. (2005)..Remedial Law. Book III-A. Manila, Phi ippines: REX Book Store Inc. et 2 EX Book Store Inc. Herrera, O.M. (2007). Remedial Law. Book {Manila, Philippines Herrera, O.M. (2007). Remedial Law: Book Il. Manila, Philippines: REX Book Store Inc. Herrera, O.M. (2007). Remedial Law: Book IV; Manila, Philippines: REX Book Store Inc. Pineda, E.L. (2003). Revised Rules on Criminal P Store Inc. jure Manila, Philippines: REX Book Regalado, F.D. (2008). Remedial Law Compendium. Volume Il. Mandaluyong City, Philippines: Anvil Publishing Inc. Regalado, F.D. (2009). Remedial Law Compendium. Volume |. Mandaluyong City, Philippines: Anvil Publishing Inc. Riano, W.B. (2005). Fundamentals of Civil Procedure. Manila, Philippines: REX Book Store Inc. Riano, W.B. (2014). Civil Procedure: The Bar Lectures Series. Manila, Philippines: REX Book Store Inc. Riano, W.B. (2016). Civil Procedure: The Bar Lecture Series. Manila, Philippines: REX Book Store Inc. Riano, W.B. (2016). Criminal Procedure: The Bar Lecture Series. Manila, Philippines: REX Book Store 799GeO 33 Riano, W.B. (2016). Evidence: The Bar Lectures Series. Manila, Philippines: REX Book Store Inc. Sabio, Jr., J.L. (2008). Criminal Procedure Rules 110 — 117: A Primer Reviewer. Manila, Philippines: REX Book Store Inc. Tan, F.A, (2017). Civil Procedure: A Guide for the Bench and the Bar. Manila, Philippines: REX Book Store Inc, LEGAL AND JUDICIAL ETHICS Agpalo, R.E. (2008). Legal and Judicial Ethics. Manila, Philippines: REX Bock Store Inc. Agpalo, R.E. (2006). Legal Forms (Practical Exercises in Pleading and Conveyancing). Manila, Philippines: REX Book Stofé inc. Albano, E.S., et al. (2018), tegal ‘and sudicial ‘Ethics / Ban, Philippines: Central-Book Supply In. Reviewer). Quezon City, Dizon, MTS. (2017)! Laas Ethics. Manila, Philippine x Book Store Inc. Funa, D.B. (2009). Legal/and Judicial Ethics: With Bar Examination Questions. Quezon City, Philippi entral Book Supply Ino. —— Garner, B.A. and) Black, h c. (1999). Black's Law. Dictionary (5th Guevarra, S. (2otoy, édel Forms} Manila; Philippines: REX Book’ Store| Inc. Moreno, F.2. (1988) Philppine | tawrDietonary. Manas Philippines: REX Book Store Inc. Pineda, E.L. (2009). \duicials ies. Annotated- Quezon Gity, Philippines: Central Book Supply Inc. Pineda, E.L. (2008). Legal Ethies Annotated. Quezon ‘City; Philippines: Central Book Supply Inc. 800