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G. LAWYERS OATH Q: State the lawyers oath. A: I, __________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not willingly nor wittingly promote or sue any groundless, false or unlawful suit, or 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 court as to my clients; and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God. (Form 28, RRC) Q: What is the importance of the lawyers oath? A: By taking the lawyers oath, a lawyer becomes the guardian of truth and the rule of law and an indispensable instrument in the fair and impartial administration of justice. Good moral character includes, at least, common honesty. Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and dishonorable; they reveal a basic moral flaw. (Olbes v. Deciembre, A.C. No. 5365, Apr. 27, 2005)
Note: The lawyers oath is not a mere ceremony or formality for practicing law to be forgotten afterwards nor is it mere words, drift and hollow, but a sacred trust that every lawyer must uphold and keep inviolable at all times.
retained her husband, Atty. Samuel C. Occea, as her lawyer. The settlement of the estate have been pending for thirteen (13) years when it was transferred under the sala of Judge Ruiz who found out that the principal cause of delay was the failure of Atty. Occea to obey lawful court orders such as the submission of the latest inventory of all securities of the estate, take possession of all certificates of stocks or their replacements belonging to the estate and as well as its inventory, and by willfully prolonging the litigation through his various maneuvers, such as instituting actions for Atty. Occeas claim for attorneys fee and filing other cases before the court thus prolonging the settlement of the case. Did Occeas acts constitute a gross violation of his oath as a lawyer? A: Atty. Occeas acts of disobeying lawful court orders and willfully prolonging the litigation through his maneuvers constitute a gross violation of his lawyers oath that he will not willingly sue any groundless, false or unlawful suit or delay no man for money of malice. (Re: Administrative Case against Samuel Occena, A. C. No. 2841, July 3, 2002) Q: Argosino passed the bar examinations held in 1993. The Court however deferred his oathtaking due to his previous conviction for Reckless Imprudence Resulting in Homicide. The criminal case which resulted in Argosinos conviction arose from the death of a neophyte during fraternity initiation rites. Various certifications show that he is a devout Catholic with a genuine concern for civic duties and public service. Also, it has been proved that Mr. Argosino has exerted all efforts to atone for the death of Raul. Should Argosino be allowed to take his lawyer's oath? A: The practice of law is a privilege granted only to those who possess the strict intellectual and moral qualifications required of lawyers who are instruments in the effective and efficient administration of justice. The SC recognizes that Mr. Argosino is not inherently of bad moral fiber given the various certifications that he is a devout Catholic with a genuine concern for civic duties and public service and that it has been proved that he has exerted all efforts to atone for the death of Raul and the court gave him the benefit of the doubt, taking judicial notice of the general tendency of youth to be rash, temerarious and uncalculating. (Re: Petition of Al Argosino to Take the Lawyers Oath, B.M. No. 712, Mar. 19, 1997)
Q: State the significance of the lawyer's oath. What, in effect, does a lawyer represent to a client when he accepts a professional employment for his services? A: "The significance of the oath is that it not only impresses 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. It is a source of his obligations and its violation is a ground for his suspension, disbarment or other disciplinary action." (Agpalo, Legal Ethics, 1992 ed., p. 59). Q: Under the terms of the Last Will and Testament of the late Ogan, his residuary estate was divided among his seven children. One of them, Necitas Ogan-Occea, was named in the will as executrix of the estate. As such, she
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
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Q: What are the four-fold duties of a lawyer? A: 1. Public/Society He must not undertake any action which violates his responsibility to the society as a whole, he must be an example in the community for his uprightness as a member of the society. The lawyer must be ready to render legal aid, foster legal reforms, be guardian of due process, and aware of his special role in the solution of special problems and be always ready to lend assistance in the study and solution of social problems. (Canon 1-6, CPR) Bar/Legal Profession Observe candor, fairness, courtesy and truthfulness in his conduct towards other lawyers, avoid encroachment in the business of other lawyers and uphold the honor of the profession. (Canon 7-9, CPR)
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Uphold the Constitution and obey the laws of the land and legal processes Make legal services available in an efficient and convenient manner Use of true, honest, fair, dignified and objective information in making known legal services Participate in the improvement of the legal system Keep abreast of legal development and participate in continuing legal education program and assist in disseminating information regarding the law and jurisprudence Applicability of the CPR to lawyers in the government service Chapter 2. The lawyer and the legal profession.
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Canons 7-9 7. At all times uphold integrity and dignity of the profession and support the activities of the IBP Conduct himself with courtesy, fairness and candor toward his colleagues and avoid harassing tactics against opposing counsel Not to directly or indirectly assist in the unauthorized practice of law Chapter 3. The lawyer and the courts. Canons 10-13 10. Owes candor, fairness and good faith to the court 11. Observe and maintain the respect due to the courts and judicial officers and insist in similar conduct 12. Duty to assist in the speedy and efficient administration of justice 13. Rely upon the merits of his cause, refrain from any impropriety which tends to influence courts, or give the appearance of influencing the courts Chapter 4. The lawyer and the client. Canons 14-22 14. Not to refuse his services to the needy;
8. 3. Courts A lawyer must maintain towards the court a respectful attitude, defend against unjust criticisms, uphold the courts authority and dignity, obey court orders and processes, assists in the administration of justice. (Canon 10-13, CPR) Clients The lawyer owes entire devotion to the interest of his client, warm and zeal in the maintenance of the defense of his rights and exertion of utmost learning ability to the end that nothing be taken or withheld from his client except in accordance with law. He owes a duty of competent and zealous representation to the client, and should preserve his clients secrets, preserve his funds and property and avoid conflicts of interest. (Canon 1422, CPR) CANONS OF PROFESSIONAL. RESPONSIBILITY (Overview). Chapter 1. Lawyer and Society.
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ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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CANON 1, CPR - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND, AND PROMOTE RESPECT FOR LAW AND FOR LEGAL PROCESSES.
Q: What is the two-fold duty imposed by the Canon 1 of the Canons of Professional Responsibility? A: 1. 2. Personally obey the laws and the legal processes; and Inspire respect and obedience thereto. (CPR Annotated, PhilJA)
Note: The portion of Canon 1 which calls for lawyers to promote respect for law and for legal processes is a call to uphold the Rule of Law. (Funan, 2009) Q. What is the Rule of Law? A: The supremacy of the law. It provides that decisions should be made by the application of known legal principles or laws without the intervention of discretion in their application. (Blacks Law Dictionary) Note: The lawyers duty to uphold the Constitution, the laws and the rule of law is imposed upon him at the very moment he becomes a lawyer after reciting the lawyers oath of office. All lawyers therefore are sworn constitutionalists. (Funa, 2009) A lawyers oath to uphold the cause of justice is superior to his duty to his client; its primacy is indisputable. (Cobb-Perez v. Lantin, No. L-22320, July 29, 1968)
Q. Peter Donton filed a complaint against Atty. Emmanuel Tansingco and others, as the notary public who notarized the Occupancy Agreement, for estafa thru falsification of public document. Atty. Tansingco in his complaint stated that he prepared and notarized the Occupancy Agreement at the request of Mr. Stier, an owner and long-time resident of a real property located at Cubao, Quezon City. Since Mr. Stier is a U.S. Citizen and thereby disqualified to own real property in his name, he agreed that the
A. LAWYER AND THE SOCIETY 1. RESPECT FOR LAW AND LEGAL PROCESSES
Note: Laws refers to all laws, and not just those of general application. Thus, they include presidential decrees, executive orders, and administrative rules
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: What are the instances of Gross Immorality and the resulting consequences? A: 1. Abandonment of wife and cohabiting with another woman. DISBARRED. (Obusan v. Obusan, Jr., Adm. Case No. 1392 April 2, 1984) A lawyer who had carnal knowledge with a woman through a promise of marriage which he did not fulfill. DISBARRED. (In re: Disbarment of Armando Puno, A.C. No. 389,February 28, 1967) Seduction of a woman who is the niece of a married woman with whom respondent lawyer had an adulterous relation. DISBARRED. (Royong v. Oblena, A.C. No. 376, April 30, 1963) Lawyer arranging marriage of his son to a woman with whom the lawyer had illicit relations. DISBARRED. (Mortel v. Aspiras,A.M. No. 145, December 28, 1956)
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ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: Atty. Adaza obtained a loan from Orbe with interest. He then issued two checks as installment. However, the first check was dishonored. The other check was not accepted for being a stale check. Efforts were exerted by Orbe to see him but her efforts turned to be futile. After a criminal case was filed, Atty. Adaza went to Orbes house and promised to pay the checks. Orbe then agreed to have the service of the warrant of arrest withheld but, again, Atty. Adaza failed to make good of his promise. Did the act of Atty. Adazas in issuing worthless checks constitute gross misconduct?
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
embodied in mans conscience and which guides him to do good and avoid evil.
shows a moral indifference to the opinion of the good and respectable members of the community (Arciga v. Maniwang, A.M. No. 1608, Aug. 14, 1981).
Q: Define deceitful conduct. A: An act that has the proclivity for fraudulent and deceptive misrepresentation, artifice or device that is used upon another who is ignorant of the fact, to the prejudice and damage of the party imposed upon. (CPR Annotated, PhilJA)
Note: By indicating IBP Rizal 259060 in his pleadings and thereby misrepresenting to the public and the courts that he had paid his IBP dues to the Rizal Chapter, Atty. Llamas is guilty of violating the Code of Professional Responsibility which provides: Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. His act is also a violation of Rule 10.01 which provides that: A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor mislead or allow the court to be misled by any artifice. (Santos Jr. v. Atty. Llamas, A.C. No. 4749, Jan. 20, 2000)
Q: Atty. Limon was Docenas lawyer in a civil case. During that case, he asked Docena to post a supersedeas bond to stay execution of the appealed decision. Docena forwarded the money to Atty. Limon. Later, the case was decided in their favor. They were unable to recover the money because the clerk of court said no such bond had ever been filed. IBP suspended Atty. Limon for one year. Is disbarment warranted? A: Yes. Atty. Limons allegation that the money was payment of his fees was overcome by other evidence. The law is not a trade nor craft but a profession. Its basic ideal is to render public service and to secure justice for those who seek its aid. If it has to remain an honorable profession and attain its basic ideal, lawyers should not only master its tenets and principles but should also, by their lives, accord continuing fidelity to them. By extorting money from his client through deceit, Limon has sullied the integrity of his brethren in the law and has indirectly eroded the peoples confidence in the judicial system. He is disbarred for immoral, deceitful and unlawful conduct. (Docena v. Atty. Limon, A.C. No. 2387, Sept. 10, 1998)
Q: Differentiate morality from immoral conduct and grossly immoral conduct. A: Morality as understood in law is a human standard based on natural moral law which is
Immoral conduct has been defined as that conduct which is willful, flagrant, or shameless and which
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
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Conviction of falsification of public document. REMOVED FROM HIS OFFICE/NAME ERASED FROM ROLL OF ATTORNEYS. (Ledesma de Jesus-Paras v. Quinciano Vailoces,A.C. No. 439, April 12,1961) 7. Conviction of estafa through falsification of public document. DISBARRED. (Villanueva v. Sta. Ana, CBD Case No. 251, July 11, 1995) 8. Conviction of abduction. SUSPENDED FROM OFFICE FOR 1 YEAR. (In Re Basa, 41 Phil. 275, December 7,1920) 9. Conviction of concubinage. SUSPENDED FROM OFFICE FOR 1 YEAR. (In re Isada, 60 Phil. 915, November 16,1934) 10. Conviction of smuggling. DISBARRED. (In re Rovero, A.C. No. 126, October 24,1952)
Note: Moral turpitude implies something immoral regardless of the fact that it is punishable by law or not. It must not merely be mala prohibita, but the act itself must be inherently immoral. The doing of the act itself, and not the its prohibition by statute fixes the moral turpitude. (Zari v. Flores, Adm. Matter No. 2170-MC P-1356)
Q: Define moral turpitude. A: Moral turpitude imports an act of baseness, vileness or depravity in the duties which one person owes to another or to society in general which is contrary to the usual accepted and customary rule of right and duty which a person should follow. The question as to whether an offense involves moral turpitude is for the Supreme Court to decide. (1992, 1993, 1997, 2004 Bar Questions) Q: What are examples of acts that involve moral turpitude and their consequences? A: 1. Conviction of estafa and/or BP 22. DISBARRED. (In the Matter of Disbarment Proceedings v. Narciso N. Jaramillo, A.C. No. 229, April 30,1957) Conviction of bribery/ attempted bribery. DISBARRED. (In Re: Dalmacio De los Angeles, A.C. No. L-350, Angust 7,1959); 7 C.J.S., p. 736;5 Am. Jur. P. 428) Conviction of murder. DISBARRED. (In Re: Disbarment Proceedings Against Atty. Diosdado Q. Gutierrez,A.C. No.L- 363, July 31,1962) Conviction of homicide. DISBARRED. (Soriano v. Dizon, A.C. No. 6792, January 25,2006) Conviction of illegal marriage before admission to the bar. DISQUALIFIED FROM BEING ADMITTED TO THE BAR. (Villasanta v. Peralta, 101 Phil.313, April 30, 1957)
Q: Resurreccion as defendant delivered to Atty. Sayson an amount representing the compensation or settlement money in a case for homicide thru reckless imprudence. However, Atty. Sayson did not turn over the amount to his client, forcing Resurreccion to pay the same amount again. Atty. Sayson was later convicted for estafa. Should Atty. Sayson be disbarred? A: Yes. Good moral character is not only a condition precedent to admission to the legal profession, but it must also remain extant in order to maintain ones good standing in that exclusive and honored fraternity. Act of moral turpitude (i.e. done contrary to justice, honesty & good morals) such as estafa or falsification renders one unfit to be a member of the legal profession. (Resurreccion v. Atty. Sayson, G.R. No. 88202, Dec. 14, 1998)
Note: When lawyers are convicted of frustrated homicide, the attending circumstances, not the mere fact of their conviction would demonstrate their fitness to remain in the legal profession. (Soriano v. Dizon, A.C. No. 6792, Jan. 25, 2006)
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Rule 1.02, Canon 1, CPR A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. (1994, 1998 Bar Questions)
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: Atty. Asilo, a lawyer and a notary public, notarized a document already prepared by spouses Roger and Luisa when they approached him. It is stated in the document that Roger and Luisa formally agreed to live separately from each other and either one can have a live-in partner with full consent of the other. What is the liability of Atty. Asilo, if any? A: Atty. Asilo may be held administratively liable for violating Rule 1.02 of the CPR - a lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. An agreement between two spouses to live separately from each other and either one could have a live-in partner with full consent of the other, is contrary to law and morals. The ratification by a notary public who is a lawyer of such illegal or immoral contract or document constitutes malpractice or gross misconduct in office. He should at least refrain from its consummation. (In Re: Santiago, A.C. No. 923, June 21, 1940; Panganiban v. Borromeo, 58 Phil. 367; In Re: Bucana, A.C. No. 1637, July 6, 1976) (1998 Bar Question) Rule 1.03, Canon 1, CPR A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any mans cause.
Note: Aimed against the practice of barratry, stirring up litigation and ambulance chasing.
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Paying direct or indirect reward to those who bring or influence the bringing of such cases to his office Searching for unknown heirs and soliciting their employment of him Initiating a meeting of a club and inducing them to organize and contest legislation under his guidance Purchasing notes to collect them by litigation at a profit
Q: What is crime of maintenance? A: A lawyer owes to society and to the court the duty not to stir up litigation. Q: What is the difference between barratry and ambulance chasing? A: Barratry is an offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise; lawyers act of fomenting suits among individuals and offering his legal services to one of them.
Note: Barratry is not a crime under the Philippine laws. However, it is proscribed by the rules of legal ethics. (CPR Annotated, PhilJA)
Ambulance chasing is an act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services for the filing of a case against the person(s) who caused the accident(s) (1993 Bar Question). It has spawned a number of recognized evils such as (FSMD): 1. 2. 3. Fomenting of litigation with resulting burdens on the courts and the public; Subordination of perjury; Mulcting of innocent persons by judgments, upon manufactured causes of action; and Defrauding of injured persons having proper causes of action but ignorant of legal rights and court procedures by means of contracts which retain exorbitant percentages of recovery and illegal charges for court costs and expenses and by settlement made for quick returns of fees and against just rights of the injured persons (Hightower v. Detroit Edison Co. 247 NW 97, 1993)
Q: Enumerate the unprofessional acts prohibited by Rule 1.03. A: 1. Volunteering advice to bring lawsuit except where ties of blood, relationship and trust make it a duty to do so Hunting up defects in titles or other causes of action and informing thereof to be employed to bring suit or collect judgment, or to breed litigation by seeking out claims for personal injuries or any other grounds to secure them as clients Employing agents or runners for like purposes
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Note: Volunteer advice to bring lawsuit comes within the prohibition, except where ties of blood, relationship and trust make it a duty to do so.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: Jon de Ysasi III was employed by his father, in their farm in Negros Occidental. During the entire period of Jon de Ysasi III's illnesses, his father took care of his medical expenses and Jon de Ysasi III continued to receive compensation. However, later on, without due notice, his father ceased to pay Jon de Ysasi IIIs salary. Jon de Ysasi III made oral and written demands from Atty. Sumbingco (Jon de Ysasi's auditor and legal adviser) for an explanation for the sudden withholding of his salary, as well as for the remittance of his salary. Both demands, however, were not acted upon. Jon de Ysasi III filed a case in court. Can the lawyers who have been employed by the parties be admonished for not trying to reconcile the parties before the filing of suit? A: Yes. The conduct of the respective counsel of the parties, as revealed by the records, sorely disappoints the Court and invites reproof. Both counsels may well be reminded that their ethical duty as lawyers to represent their clients with zeal goes beyond merely presenting their clients' respective causes in court. It is just as much their responsibility, if not more importantly, to exert all reasonable efforts to smooth over legal conflicts, preferably out of court and especially in consideration of the direct and immediate consanguineous ties between their clients. Once again, the useful function of a lawyer is not only to conduct litigation but to avoid it whenever possible by advising settlement or withholding suit. He is often called upon less for dramatic forensic exploits than for wise counsel in every phase of life. He should be a mediator for concord and a conciliator for compromise, rather than a virtuoso of technicality in the conduct of litigation. Rule 1.04 of the Code of Professional Responsibility explicitly provides that "a lawyer shall encourage his client to avoid, end or settle the controversy if it will admit of a fair settlement." (De Ysasi v. NLRC, G.R. No. 104599, Mar. 11, 1994) 2. EFFICIENT AND CONVENIENT LEGAL PROCESSES CANON 2, CPR - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Proposed Rule of Mandatory Legal Aid Service for Practicing Lawyers, the Court Resolved to approve the same. This Resolution shall take effect on July 1, 2009 following publication of the said Rule and its implementing regulations in at least two (2) newspapers of general circulation. Q: What is the rule on Mandatory Legal Aid Service? A: The mandatory Legal Aid Service mandates every practicing lawyer to render a minimum of 60 hours of free legal aid services to indigent litigants yearly.
Note: Rule on Mandatory Legal Aid Service (B.M. No. 2012): Pursuant to an en banc Resolution of the Supreme Court, this Rule took effect on January 1, 2010, provided its implementing regulations have been published prior to the said date.
Rule 2.01, Canon 2, CPR A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Q: Who are considered Defenseless? A: Defenseless are those are not in a position to defend themselves due to poverty, weakness, ignorance or other similar reasons. Q: Who are considered Oppressed? A: Oppressed are those who are the victims of the cruelty, unlawful, exaction, domination or excessive use of authority.
Note: By specific authority the court may appoint an attorney to render professional aid to a destitute appellant in a criminal case who is unable to employ an attorney. Correspondingly a duty is imposed upon a lawyer so assigned to render the required service. A lawyer so appointed as counsel for an indigent prisoner, the Canons of Professional Ethics demands, should always exert his best efforts in the indigents behalf. (People v. Estebia, G.R. No. L26868, Feb. 27, 1969) The inability to pay for legal services is not a valid reason to refuse acceptance of a case. This is because the profession is a branch of the administration of justice and not a mere moneygetting trade. (CPR Annotated, PhilJA) Note: A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relation with paying client. LEGAL AID IS NOT A MATTER OF CHARITY, BUT A PUBLIC RESPONSIBILITY. It is a means for the correction of social imbalance that may and often do lead to injustice, for which reason it is the public responsibility of the Bar.
Q: What is the purpose of the rule? A: The rule seeks 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. Mandatory free legal service by members of the bar and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants. (Sec. 2,
B.M. No. 2012)
Q: What is the scope of the rule? A: It shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed. It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines. (Sec 3, B.M. No. 2012) Q: Who are the practicing lawyers for the purpose of this rule? A: Practicing lawyers are members of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies, including but not limited to the National Labor Relations Commission, National Conciliation and Mediation Board, Department of Labor and Employment Regional Offices, Department of Agrarian Reform Adjudication
Rule on Mandatory Legal Aid Service. BM No. 2012 PROPOSED RULE ON MANDATORY. LEGAL AID SERVICE FOR PRACTICING. LAWYERS. RESOLUTION. (February 10, 2009). Acting on the Memorandum dated January 27, 2009 of Justice (now Chief Justice) Renato C. Corona re: Comment of the Integrated Bar of the Philippines on our Suggested Revisions to the
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
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Q: Who are these indigent and pauper litigants? A: Under Section 19, Rule 141, Rules of Court, Indigent litigants are those: 1. Whose gross income and that of their immediate family do 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 three hundred thousand (P300,000.00) pesos shall be exempt from the payment of legal fees
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Note: A party may be authorized to litigate his action, claim or defense as an indigent if the court upon an ex-parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. (Section 21, Rule 3, RRC)
2.
Q: What does legal aid cases include? A: It includes actions, disputes, and controversies that are criminal, civil and administrative in nature in whatever stage wherein indigent and pauper litigants need legal representation. (Sec. 4[c], B. M.2012)
The practicing lawyer shall report compliance with the requirement within 10 days of the last month of each quarter of the year. (Sec. 5[a] third par., B.M. 2012) A practicing lawyer shall be required to secure and obtain a certificate from the Clerk of Court attesting to the number of hours spent rendering free legal aid services in a case. (Sec. 5[b] B.M. 2012)
3.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
29
5.
6.
A lawyer who renders mandatory legal aid service for the required number of hours in a year for at least two consecutive years within the three yearperiod covered by a compliance period under the Rules on MCLE shall be credited the following: 1. 2. 3. One (1) credit unit for legal ethics One (1) credit unit for trial and pretrial skills One (1) credit unit for alternative dispute resolution Two (2) credit units for legal writing and oral advocacy Two (2) credit units for substantive and procedural laws and jurisprudence Three (3) credit units for such subjects as may be prescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE. (Sec. 8, B.M. 2012)
Q: What should the certificate from the Clerk of Court, attesting the number of hours spent rendering free legal services, contain? A: The certificate shall contain the following information: 1. The case or cases where the legal aid service was rendered, the party or parties in the said case(s), the docket number of the said case(s) and the date(s) the service was rendered 2. The number of hours actually spent 3. The number of hours actually spent attending mediation, conciliation or any other mode of ADR on a particular case 4. A motion (except a motion for extension of time to file a pleading or for postponement of hearing or conference) or pleading filed on a particular case shall be considered as one (1) hour of service. (Sec 5[b] B.M. 2012)
Note: The Clerk of Court shall issue the certificate in triplicate, one (1) copy to be retained by the practicing lawyer, one (1) copy to be retained by the Clerk of Court and one (1) copy to be attached to the lawyer's compliance report. (Sec 5[b][iv]second
4. 5. 6.
Q: What is the sanction in case of noncompliance of the rule on mandatory legal aid service? A: 1. At the end of every calendar year, any practicing lawyer who fails to meet the minimum prescribed 60 hours of legal aid service each year shall be required by the IBP, through the National Committee on Legal Aid (NCLA), to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a member of the IBP who is not in good standing.
par., B.M. 2012) Q: What credits should be given to a lawyer who renders mandatory legal aid service? A: A lawyer who renders mandatory legal aid service for the required number of hours in a year for the three year-period covered by a
2.
30
LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
4.
4.
5.
5.
Q: How are the services availed of? A: PAO, Department of Justice (DOJ) and other legal aid clinics accredited by the Supreme Court shall refer pauper litigants to identified lawyers and professional partnerships. PAO, DOJ or the accredited legal aid clinic shall issue a certification that services were rendered by the lawyer or the professional partnership under this act. The certification shall include the cost of the actual services given. Q: What are the incentives given to lawyers rendering free legal services? A: A lawyer or professional partnerships rendering actual free legal services, as defined by the Supreme Court, shall be entitled to an allowable deduction from the gross income, the amount that could have been collected for the actual free legal services rendered or up to ten percent (10%) of the gross income derived from the actual performance of the legal profession, whichever is lower: Provided, That the actual free legal services herein contemplated shall be exclusive of the minimum sixty (60)-hour mandatory legal aid services rendered to indigent litigants as required under the Rule on Mandatory Legal Aid Services for Practicing Lawyers, under BAR Matter No. 2012, issued by the Supreme Court. (Sec. 5, R.A. 9999) Q: What are the salient features of R.A. No. 9999? A: 1. The law will allow indigent litigants to acquire the services of renowned lawyers and law firms for free In exchange for the services rendered by the lawyer or the law firm, they will be given tax incentives equivalent to the cost of the services rendered to the indigent litigant
6.
7.
8.
Note: The falsification of a certificate or any contents thereof by any Clerk of Court or by any Chairperson of the Legal Aid Committee of the IBP local chapter where the case is pending or by the Director of a legal clinic or responsible officer of an NGO (non-governmental organizations) or PO (peoples organizations) shall be a ground for an administrative case against the said Clerk of Court or Chairperson. This is without prejudice to the filing of the criminal and administrative charges against the malfeasor. (Sec. 7[e] B.M. 2012)
AN ACT PROVIDING A MECHANISM FOR FREE LEGAL ASSISTANCE AND FOR OTHER PURPOSES R.A. NO. 9999 FEB. 23, 2010
Note: Otherwise known as the Free Legal Assistance Act of 2010. (Sec. 1, R.A. 9999)
Q: What are the purposes of R.A. No. 9999? A: To: 1. Encourage lawyers and professional partnerships to provide free legal assistance 2. Solicit the assistance of lawyers and professional partnerships in the private practice of law in providing quality legal assistance to indigent litigants through a system of tax incentives
2.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
31
A: It is not a business because it is a: 1. Relation, as an officer of the court, to the administration of justice involving thorough sincerity, integrity and reliability Duty of public service Relation to clients with the highest degree of fiduciary Relation to the colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients. (2006 Bar Question)
4.
2. 3. 4.
Note: The best type of advertisement for a lawyer is a well-deserved reputation for competence, honestly and fidelity to private trust and public duty.
Rule 2.02, Canon 2, CPR In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latters rights. Q: What does rendering of legal advice include? A: It shall include preliminary steps that should be taken, at least, until the person concerned has obtained the services of a proper counsels representation. Even though no attorney-client relationship is created between the parties, the lawyer, by providing interim advice, preserves the dignity of the profession by inspiring public faith in the profession. (CPR Annotated, PhilJA)
Note: If only to the extent necessary to safeguard the latters right means such as advising him what preliminary steps to take until he shall have secured the services of counsel. However, he shall refrain from giving this preliminary advice if there is a conflict of interest between a present client and a prospective one. Extending such legal advice will create and establish an attorney-client relationship between them and may involve a violation of the rule prohibiting a lawyer from representing conflicting interest.
Q: Atty. David agreed to give of his professional fees to an intermediary or commission agent and he also bound himself not to deal directly with the clients. Can he be subject to disciplinary action? A: Yes. The agreement is void because it was tantamount to malpractice which is the practice of soliciting cases of law for the purpose of gain either personally or through paid agents or brokers. Malpractice ordinarily refers to any malfeasance or dereliction of duty committed by a lawyer. The meaning of malpractice is in consonance with the notion that the practice of law is a profession not a business. The lawyer may not seek or obtain employment by himself or through others, to do so would be unprofessional. (Tan Tek Beng v. David, A. C. No. 1261, Dec. 29, 1983) Q: Are advertisements of lawyers and law firms allowed in Philippine jurisdiction? A: GR: No advertisements allowed. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust.
Note: Lawyers may not advertise their services or expertise nor should they resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other self-laudation.
Rule 2.03, Canon 2, CPR A lawyer shall not do or permit to be done any act designated primarily to solicit legal business. (1997 Bar Question) Q: Why is legal profession not considered as a business?
32
LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
A: 1. 2. 3. 4. 5. The profession is primarily for public service; Commercializes the profession Involves self-praise and puffing Damages public confidence May increase lawsuits and result in needless litigation
XPN: LEPO-LABAN-PD 1. Reputable Law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data, are allowed. 2. Advertisements or simple announcement of the Existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings. 3. Ordinary simple Professional Card. It may contain only a statement of his name, the name of the law firm which he is connected with, address, telephone number and the special branch of law practiced. 4. A 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, is not objectionable. 5. Advertisements or announcement in any Legal publication, including books, journals, and legal magazines and in telephone directories. (Ulep v. Legal Clinic, Inc., B.M. No. 553, June 17, 1993) 6. Writing legal Articles 7. Engaging in Business and other occupations except when such could be deemed improper, be seen as indirect solicitation or would be the equivalent of a law practice 8. Activity of an association for the purpose of legal representation. 9. Notice to other local lawyers and publishing in a legal journal of ones availability to act as an associate for them 10. 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 11. Listing in a phone Directory, but not under a designation of a special branch of law. (Atty. Khan Jr. v. Atty. Simbillo, A.C. No. 5299, Aug. 19, 2003) Q: What is the rationale for the prohibition on advertisements?
Note: It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. (In re: Tagorda, 53 Phil 42, Mar. 23, 1929)
Q: What solicitation? A: 1. 2.
activities
constitute
indirect
Writing and selling for publication articles of general nature on legal subjects Writing unsolicited article on a legal subject.
Note: If engaged in another profession or occupation concurrently with the practice of law, the lawyer shall make clear to his client whether he is acting as a lawyer or in another capacity.
Q: Atty. Dulcinea writes a regular column in a newspaper of general circulation and articles on unforgettable legal stories in a leading magazine. Her by-line always includes the name of her firm where she is a name partner. Would you consider this as improper advertising? Explain your answer. A: Atty. Dulcineas by-line including the firm name where she belongs is improper because it is an indirect way of solicitation or is an advertisement of the law firm. Q: A paid advertisement appeared in the July 5, 2000 issue of Philippine Daily Inquirer, which reads: "ANNULMENT' OF MARRIAGE Specialist 532-4333/521-2667." Similar advertisements were published in the August 2 and 6, 2000 issues of the Manila Bulletin and August 5, 2000 issue of The Philippine Star. A staff member of the SC called up the published telephone number and pretended to be an interested party. She spoke to Mrs. Simbillo, who claimed that her husband, Atty. Simbillo, was an expert in handling annulment cases and can guarantee a court decree within four to six months, provided the case will not involve separation of property or custody of children. Mrs. Simbillo also said that her husband charges a fee of P48,000.00, half of which is payable at
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
33
conference at the lawyers office, an amicable settlement was actually reached by the parties. Did the lawyer commit an infraction of professional ethics? Explain. A: There is no infraction of professional ethics. It does not appear from the facts that the lawyer who helped to settle the matter amicably had in view the retention of his services for a possible litigation or payment, promise or discharge of consideration in his favor. If all that the lawyer did was to help settle the matter amicably, then he should even be commended for helping contending parties avoid a lawsuit. But if the purpose of the lawyer in helping to settle the matter amicably is to charge a fee or to carry favor by judging one side against the other, then he is guilty of improper solicitation, which is unethical. (1986 Bar Question) Rule 2.04, Canon 2,CPR A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. (1997, 2005 Bar Questions) Q: Dante wants to file a case against his wife for support; he secured the services of Atty. Reyes, his cousin and a private practitioner. However, Dante does not have sufficient money to pay for legal services. Nevertheless, Atty. Reyes accepted the case and promised to charge a lower rate. Did Atty. Reyes violate the Code of Professional Responsibilities? A: No, Atty. Reyes did not violate the CPR. GR: A lawyer shall not charge rates lower than those customarily prescribed. XPN: When clients are relatives, co-lawyers, or are indigents. These are the valid justifications. The case of Dante falls under the valid justifications, so Atty. Reyes did not commit any unethical act.
Note: What the rule prohibits is a competition in the matter of charging professional fees for the purpose of attracting clients in favor of the lawyer who offers lower rates. The rule does not prohibit a lawyer from charging a reduced fee or none at all to an indigent. (Comments of the IBP Committee)
Q: Facing disciplinary charges for advertising as a lawyer, Atty. A argues that although the calling card of his businessman friend indicates his law office and his legal specialty, the law office is located in his friends store. Decide. A: This appears to be a circumvention of the prohibition on improper advertising. There is no valid reason why the lawyers businessman friend should be handling out calling cards which contains the lawyers law office and legal specialty, even if his office is located in his friends store. What makes it more objectionable is the statement of his supposed legal specialty. (2001 Bar Question) Q: A lawyer who had just paid his bill at a respectable car repair shop noticed that another customer was having a heated argument with the shop manager. It turned out that the customers car which was undergoing repair had been driven by one of the shop employees and had crashed against another car which was also being repaired. The lawyer approached the two who are arguing, identified himself as a practicing lawyer, and volunteered to help settle the matter amicably. At a subsequent
34
LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
A: 1. 2. Misstatements of fact Suggestions that the ingenuity or prior record of a lawyer rather than the justice of the claim are the principal factors likely to determine the result Inclusion of information irrelevant on selecting a lawyer Representations concerning the quality of service, which cannot be measured or verified. (CPR Annotated, PhilJA)
3. 4.
Q: Is giving of advice on legal matters through the medium of a newspaper column or radio or television broadcast improper? A: Yes, as giving of legal advice through such medium cannot be undertaken by a layman because that service constitutes practice of law. Nor can it be undertaken by a lawyer because that work involve indirect advertising, violation of the confidential relation of attorney and client, and a breach of the traditional standards of the profession. (Agpalo, Legal and Judicial Ethics) Q: Atty. E has a daily 10-minute radio program billed as a Court of Common Troubles. The program is advertised by the radio station as a public service feature for those who seek but cannot afford to pay for legal advice. Its sponsors include a food processing company and a detergent manufacturing firm which share with the radio station the monthly remuneration of Atty. E. Is there any impropriety in Atty. Es role under the above arrangement? A: Giving advice on legal matters through the medium of a newspaper column or radio station or television broadcast is improper. It would involve indirect advertising and violation of the confidential relation between the lawyer and the client. (Agpalo, Legal Ethics) (1997 Bar Question) Rule 3.01, Canon 3, CPR 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. (1997 Bar Question) Q: Cite some examples of information in lawyer advertising, that could be considered deceptive.
Q: Atty. Lana a famous family lawyer, asked his secretary to draft the contents of his new calling card. The secretary inserted in such draft the phrase, the best family lawyer in the Philippines. The draft was checked by Atty. Lana and approved it. The new calling cards were then made and Atty. Lana gave it to prospective clients. Did Atty. Lana commit any unethical act? A: Yes, under Rule 3.01 of CPR, violation of Rule 3.01 is unethical, whether done by him personally or through another with his permission. Rule 3.02, Canon 3, CPR 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. (1994, 1996, 2001 Bar Questions) Q: What is the reason in allowing a firm to use the name of a deceased partner? A: All the partners have by their joint and several efforts over a period of years contributed to the good will attached to the firm name. In the case of a firm having widespread connections, this good will is disturbed by a change in firm name every time a partner dies, and that reflects a loss in some degree of the good will to the building up of which the surviving partners have contributed their time, skill and labor through a period of years. (CPR Annotated, PhilJA)
Note: The doctrine in, In the matter of the petition for authority to continue use of the firm Ozaeta, Romulo, De Leon etc., and petition for authority to continue use of firm name Sycip, Salazar, Feliciano, etc. (July 30, 1979) that a law firm cannot continue using the name of a deceased partner due to the possibility of deception upon the public, is abandoned by Rule 3.02.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
35
the RTC Branch 220 issued an order granting the preliminary injunction as threatened by Atty. Gatdula despite the fact that the MTC, Branch 37 had issued an Order directing the execution of the Decision in Civil Case No. 37-14552. Samonte filed an administrative case for misconduct, alleging that Atty. Gatdula is engaged in the private practice of law. Did Atty. Gatdula violate the Code of Conduct and Ethical Standards for the Public Officials and Employees? A: Yes. Samonte by her failure to appear at the hearings, failed to substantiate her allegation that it was Atty. Gatdula who gave her calling card "Baligod, Gatdula, Tacardon, Dimailig and Celera Law Offices" and that he tried to convince her to change counsels. However, that while Atty. Gatdula vehemently denies Samonte's allegations, he does not deny that his name appears on the calling card attached to the complaint, which admittedly came into the hands of Samonte. The card clearly gives the impression that he is connected with the said law firm. The inclusion/retention of his name in the professional card constitutes an act of solicitation which violates Section 7 sub-par. (b) (2) of R.A. 6713, otherwise known as "Code of Conduct and Ethical Standards for the Public Officials and Employees" which declares it unlawful for a public official or employee to, among others: (2) 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 official functions. (Samonte v. Gatdula, A.M. No. 99-1292, Feb. 26, 1999) Rule 3.04, Canon 3, CPR - 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 legal business.
Note: The purpose of the rule is to prevent some lawyers from gaining an unfair advantage over others through the use of gimmickry, press agentry or other artificial means.
Rule 3.03, Canon 3, CPR Where a partner accepts public office, he shall withdraw from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently. Q: Is a Filipino lawyer allowed to practice under a name of a foreign law firm? A: Filipino lawyers cannot practice law under the name of a foreign law firm, as the latter cannot practice law in the Philippines and the use of a foreign law firm in the country is unethical. (Dacanay v. Baker and McKenzie, A.C. No. 2131, May 10, 1985)
Rationale: To prevent the law firm or partners from making use of the name of the public official to attract business and to avoid suspicion of undue influence.
Q: Samonte alleges that when she went to Branch 220, RTC, Quezon City, to inquire about the reason for the issuance of the temporary restraining order, Atty. Rolando Gatdula (Clerk of Court) blamed her lawyer for writing the wrong address in the complaint for ejectment, and told her that if she wanted the execution to proceed, she should change her lawyer and retain the law office of Atty. Gatdula, at the same time giving his calling card with the name "Baligod, Gatdula, Tacardon, Dimailig and Celera" with office at Rm. 220 Mariwasa Bldg., 717 Aurora Blvd., Cubao, Quezon City, otherwise she will not be able to eject the defendant Dave Knope. Samonte told Atty. Gatdula that she could not decide because she was only representing her sister. To her consternation,
Q: Fiscal Salva conducted the investigation of the case concerning the killing of Monroy, in the session hall of the Municipal Court of Pasay City to accommodate the public and members of the press. Also, he told the press that if you want
36
LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
5. PARTICIPATION IN LEGAL EDUCATION CANON 5, CPR - 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 INFORMATION REGARDING THE LAW AND JURISPRUDENCE (2003,2006,2008 Bar Questions).
Note: This duty carries with it the obligation to be well informed of the existing laws, and to keep abreast with legal developments, recent enactment and jurisprudence. It is imperative that they be conversant with basic legal principles. Unless they faithfully comply with such duty, they may not be able to discharge competently and diligently their obligations as members of the Bar. Worse, they may become susceptible to committing mistakes. (Dulalai Jr. v. Cruz, A.C. No. 6854, Apr. 27, 2007, citing Santiago v. Rafanan, A.C. No. 6252 Oct. 5, 2004)
Q: What is the three-fold obligation of a lawyer? A: 1. 2. He owes it to himself to continue improving his knowledge of the laws He owes it to his profession to take an active interest in the maintenance of high standards of legal education He owes it to the lay public to make the law a part of their social consciousness.
E.g.: 1.
2.
Presenting position papers or resolutions for the introduction of pertinent bills in Congress; or Petitions with the SC for the amendment of the Rules of Court.
3.
Note: Every man owes some of his time to the up building of the profession to which he belongs. (Report of the IBP Committee) Note: Lawyers also have the duty to assist the Judicial and Bar Council (JBC) is appraising accurately the qualifications of candidates for judicial office. A lawyer may with propriety endorse a candidate and seek that endorsement from other lawyers. A lawyer should not use or attempt to use the power or prestige of the judicial office to secure such endorsement. On the other hand, the lawyer whose endorsement is sought should have the courage and moral stamina to refuse the request for endorsement if he believes the candidate lacks the essential qualifications for the office or believes the
CANON 6, CPR -THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS (1992,1993,2000,2001,2006 BAR QUESTIONS).
Note: Canons shall apply to lawyers in government service in the discharge of their tasks. Lawyers should be more sensitive in the performance of their professional obligations as their conduct is subject to constant scrutiny of the public.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
37
1.
2.
3.
4.
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; Own, control, manage or accept Employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office; Use or divulge confidential or classified information officially known to them by reason of their office and not available to the public.
Q: What is the difference between rule 6.02 and 6.01? A: Unlike rule 6.01, 6.02 is not limited to public prosecutors, or public lawyers engaged principally in criminal prosecution cases. The restriction applies particularly to lawyers in government service, who are allowed by law to engage in private law practice, and those who, though prohibited from engaging in the practice of law, have friends, former associates and relatives who are in the active practice of law. (CPR Annotated, PhilJA) prohibits lawyers from representing a private client even if the interests of the former government client and the new client are entirely parallel. Rule 6.03, Canon 6, CPR 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. (1992, 1993, 2001 Bar Questions)
Note: The intervention must be substantial.
Q: From the viewpoint of legal ethics, why should it be mandatory that the public prosecutor be present at the trial of a criminal case despite the presence of a private prosecutor? A: The public prosecutor must be present at the trial of the criminal case despite the presence of a private prosecutor in order to see to it that the interest of the State is well-guarded and protected, should the private prosecutor be found lacking in competence in prosecuting the case. Moreover, the primary duty of a public prosecutor is not to convict but to see to it that justice is done (Rule 6.01, CPR). A private prosecutor would be naturally interested only in the conviction of the accused. (2001 Bar Question) Rule 6.02, Canon 6, CPR A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. Q: What are the restrictions on lawyers who are also public officials and employees during their incumbency? A: They must not: PERU
Q: Atty. Madrigal worked in the Supreme Court, under the division which handles the case of Mr. Roxas. Before the promulgation of the decision of the case, Atty. Madrigal resigned and started to work in the law firm which handles the case of Mr. Roxas. Is Atty. Madrigal allowed to use the information he got to help in the case handled by the firm? A: No, such act is unethical and is violative of Rule 6.03 of the CPR.
38
LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: What is the meaning of any matter and intervene? A: Any matter, according to the American Bar Association formal opinion, is any discrete isolatable act, as well as identifiable transaction or conduct involving a particular situation and specific party, and not merely an act of drafting, enforcing or interpreting government or agency proceeding, regulations or laws or briefing abstract principles of law. Intervene includes an act of a person who has the power to influence the subject proceedings. (PCGG v. Sandiganbayan, G.R. Nos. 151809-12, Apr. 12, 2005) Q: Former Solicitor General Estelito Mendoza filed a petition with the CFI praying for the assistance and supervision of the court in the GenBanks liquidation. Mendoza gave advice on the procedure to liquidate the GenBank. Subsequently, President Aquino established the PCGG to recover alleged ill-gotten wealth of former President Marcos, his families and cronies. The PCGG filed with the Sandiganbayan a complaint for reversion, reconveyance, restitution, accounting and damages against Tan, et al. and issued several writs of sequestration on properties they allegedly acquired. Tan, et al. were represented by former SolGen Mendoza, who has then resumed his private practice of law. The PCGG filed motions to disqualify Mendoza as counsel for Tan, et al. The motions alleged that Mendoza, as then SolGen and counsel to Central Bank, actively intervened in the liquidation of GenBank, which was subsequently acquired by Tan, et al. Is Rule 6.03 of the CPR applicable to Mendoza? A: No. The advice given by Mendoza on the procedure to liquidate the GenBank is not the matter contemplated by Rule 6.03 of the CPR. ABA Formal Opinion No. 342 is clear in stressing that the drafting, enforcing or interpreting government or agency procedures, regulations or aws, or briefing abstract principles of law are acts which do not fall within the scope of the term matter and cannot disqualify.
It is submitted that the court should apply Rule 6.03 in all its strictness for it correctly disfavors lawyers who switch sides. It is claimed that switching sides carries the danger that former government employee may compromise confidential official information in the process. However, this concern does not cast shadow in the case at bar. The act of Mendoza in informing the Central Bank on the procedure on how to liquidate the GenBank is a different matter from the subject matter of the civil case which is about the sequestration of the shares of Tan et. al. in Allied Bank. Consequently, the danger that confidential official information might be divulged is still nil, if not inexistent. To be sure, there are no inconsistent sides to be bothered about in this case. For there is no question that in lawyering for Tan et. al., Mendoza is indirectly defending the validity of the action of the Central Bank in liquidating GenBank and selling it later to Allied Bank. Their interests coincide instead of colliding. (PCGG v. Sandiganbayan, G.R. Nos. 151809-12, April 12, 2005) Q: Distinguish adverse-interest conflicts and congruent-interest representation conflicts? A: Adverse-interest conflicts Exist where the matter in which the former government lawyer represents a client in private practice is substantially related to the matter that the lawyer dealt with while employed by the government and the interests of the government and the interests of the current and former are adverse
Congruent-interest representation conflicts are unique to government lawyers and apply primarily to former government lawyers. (CPR Annotated, PhilJA)
Note: The restriction provided under the rule covers engagement or employment which means that he cannot accept any work or employment from anyone that will involve or relate to the matter in which he intervened as a public official, except on behalf of the body or authority which he served during his public employment. (CPR Annotated, PhilJA)
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: Is the integration of the IBP constitutional? A: Yes, the practice of law is not a vested right but a privilege clothed with public interest. Hence, it is far and just that the exercise of that privilege be regulated to assure compliance with the lawyer's public responsibilities. Given existing Bar conditions, the most efficient means of doing so is by integrating the Bar through a rule of court that requires all lawyers to pay annual dues to the Integrated Bar. (In the Matter of the Integration of the Bar of the Philippines, 49 SCRA 22, Jan. 9, 1973) a. The Board of Governors
Q: What is Integration of the Bar? A: 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 condition sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court (Pineda,1999).
Note: Integration of the bar is essentially a process by which every member of the bar is afforded an opportunity to do his share in carrying out the objectives of the bar as well as obliged to bear his portion of its responsibilities. (CPR Annotated, PhilJA)
Q: Who governs the IBP? A: The Integrated Bar shall be governed by a Board of Governors. (Sec. 6, Rule 139-A, RRC) Q: How many and what is the procedure in the selection of the Board of governors? A: Nine Governors shall be elected by the House of Delegates from the nine Regions on the representation basis of one Governor from each Region. Each Governor shall be chosen from a list of nominees submitted by the Delegates from the Region, provided that not more than one nominee shall come from any Chapter. The President and the Executive Vice President, if chosen by the Governors from outside of themselves as provided in section 7 of this Rule,
Q: What are the fundamental purposes of the IBP? A: 1. 2. 3. To elevate the standards of the legal profession; Improve the administration of justice; and Enable the Bar to discharge its public responsibility more effectively. (Sec. 2, Rule 139-A, RRC)
40
LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
need not be members of the Integrated Bar. (Sec. 7, Rule 139-A, RRC) Q: What is the officers term of office? A: The President and the Executive Vice President shall hold office for a term of one year from the date of their election and until their successors shall have duly qualified. The Executive Vice President shall automatically become the President for the next succeeding full term. The Presidency shall rotate from year to year among all the nine Regions in such order of rotation as the Board of Governors shall prescribe. No persons shall be President or Executive Vice President of the Integrated Bar for more than one term. (Sec. 7, Rule 139-A, RRC) Q: What are the basic qualifications for one who wishes to be elected governor for a particular region? A: 1. 2. He is a member in good standing of the IBP He is included in the voters list of his chapter or he is not disqualified by the Integration Rule, by the By-Laws of the Integrated Bar, or by the By-Laws of the Chapter to which he belongs He does not belong to a chapter from which a regional governor has already been elected, unless the election is the start of a new season or cycle He is not in the government service. (In Re: Petition to disqualify Atty. De Vera, A.C. No. 6052, Dec. 11, 2003)
3.
4. Q: Who are the officers of the IBP? How are they selected? A: The Integrated Bar shall have a/an: 1. 2. President Executive Vice President who shall be chosen by the Governors immediately after the latters election either from among themselves or from other members of the Integrated Bar, by the vote of at least five Governors. Each of the regional members of the Board shall be ex officio Vice President for the Region which he represents. Secretary Treasurer Such other officers and employees as may be required by the Board of Governors, to be appointed by the President with the consent of the Board, and to hold office at the pleasure of the Board or for such term as it may fix. Said officers and employees
Q: Is a candidate required to be morally fit in order to be qualified to run as an officer? A: There is nothing in the by-laws which explicitly provides that one must be morally fit before he can run for IBP governorship. For one, this is so because the determination of moral fitness of a candidate lies in the individual judgment of the members of the House of Delegates. Indeed, based on each members standard of morality, he is free to nominate and elect any member, so long as the latter possesses the basic requirements under the law. For another, basically the disqualification of a candidate involving lack of moral fitness should emanate from his disbarment or suspension from the practice of law by the Court, or conviction by final judgment of an offense which involves moral turpitude. (Ibid.)
3. 4. 5.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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c.
3.
4.
Note: The filling of vacancies in the House of Delegates, Board of Governors, and all other positions of Officers of the Integrated Bar shall be as provided in the By-Laws. Whenever the term of an office or position is for a fixed period, the person chosen to fill a vacancy therein shall serve only for the unexpired term. (Sec. 8, Rule 139-A, RRC)
5.
a. b.
Q: How is the mandate in Sec. 13 of Rule 139-A of the Rules of Court stating that the IBP is nonpolitically manifested? A: By strictly providing that every activity tending to impair this basic feature is strictly prohibited and shall be penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election or appointment to any position in the Integrated Bar or any Chapter thereof. A Delegate, Governor, Officer or employee of the Integrated Bar, or an officer or employee of any Chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof. (Sec. 13, Rule 139-A, RRC) Q: What are the prohibited acts and practices relative to the elections of IBP officers? A: The following acts and practices relative to elections are prohibited, whether committed by a
c.
Payment of the dues or other indebtedness of any member; Giving of food, drink, entertainment, transportation or any article of value, or any similar consideration to any person; or Making a promise or causing an expenditure to be made, offered or promise to any person. (Sec. 4, IBP By-Laws; In the Matter of the Inquiry into the 1989 Elections of the Integrated Bar of the Philippines, A.M. No. 491, October 6, 1989)
Q: In the election of national officers of the IBP, the Supreme Court received reports of electioneering and extravagance that characterized the campaign conducted by the 3 candidates (Paculdo, Nisce and Mrs. Drilon) for President of the IBP. It is alleged that they used government planes, give free accommodations to voters to expensive hotels and there has been intervention of public officials to influence the voting. Is there a violation of the IBP by-laws? Is there sufficient ground for the Supreme Court to suspend the oath taking of the officials? A: Yes. The candidates for the national positions in the IBP conducted their campaign preparatory to the election on June 3, 1989 in violation of
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: Is the requirement of good moral character a continuing requirement? A: Yes. Well settled is the rule that good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain ones good standing in that exclusive and honored fraternity. (Tapucar v. Tapucar, A.C. No. 4148, July 30, 1998)
Note: The nature of the office of any attorney at law requires that he shall be a person of good moral character. This qualification is not only a condition precedent to the admission to the practice of law; its continued possession is also essential for remaining in the practice of law. (People vs. Tuanda, Adm. Case No. 3360, Jan. 30, 1990) Note: The requirement of good moral character has four general purposes, namely: 1. 2. 3. 4. To protect the public To protect the public image of lawyers To protect prospective clients To protect errant lawyers from themselves. Each purpose is as important as the other. (Garrido v. Attys. Garrido and Valencia, A.C. No. 6593, Feb. 4, 2010)
Note: There is no such thing as retirement in the IBP as understood in labor law. A lawyer, however, may voluntary terminate his bar membership. (In Re: Atty. Jose Principe, Bar Matter No. 543, September 20,1990)
Q: What is the procedure for voluntary termination of membership in the IBP? A: 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. (Sec.11, Rule 139-A, RRC)
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Membership Dues
Note: Every member of the Integrated shall pay such annual dues as the Board of Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of the collections from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the compulsory heirs of deceased members thereof. (Sec. 9,Rule 139-A, RRC)
without power to compel him to become a member of the IBP, hence, Sec. 1 of Rule 139-A of the Rules of Court is unconstitutional for it impinges on his constitutional right of freedom to associate (and not to associate)? A: No. To compel a member of the Integrated Bar is not violative of his constitutional freedom to associate. 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. All that integration actually does is to provide an official national organization for the well-defined but unorganized and incohesive group of which every lawyer is already a member. Assuming that the questioned provision does in a sense compel a lawyer to be a member of the Integrated Bar, such compulsion is justified as an exercise of the police power of the State. (In the Matter of IBP Membership Dues Delinquency of Atty. Edillon, A.C. No. 1928,December 19, 1980) Q: Atty. Llamas, for a number of years, has not indicated the proper PTR and IBP OR Nos. and data in his pleadings. He only indicated IBP Rizal 259060 but he has been using this for at least 3 years already. Atty. Llamas averred that he is only engaged in a limited practice of law and under R.A. 7432, as a senior citizen, he is exempted from payment of income taxes and included in this exemption, is the payment of membership dues. Is Atty. Llamas correct? A: Rule 139-A requires that every member of the Integrated Bar shall pay annual dues and default thereof for six months shall warrant suspension of membership and if nonpayment covers a period of 1-year, default shall be a ground for removal of the delinquents name from the Roll of Attorneys. It does not matter whether or not Atty. Llamas is only engaged in limited practice of law. Moreover, the exemption invoked by Atty. Llamas does not include exemption from payment of membership or association dues. (Santos Jr. v. Atty. Llamas, A.C. No. 4749, Jan. 20, 2000)
Note: The exemption granted by R.A. 7432 to senior citizens from paying individual income tax does not exempt lawyers who are likewise senior citizens from paying IBP dues and privilege tax. (Ibid) As regards dues, they are not entitled to 20% discount. (Pineda, 1999)
Q: Who determines the amount of annual dues to be paid by members? A: Every member of the Integrated Bar shall pay such annual dues as the Board of Governors shall determine with the approval of the Supreme Court. (Sec. 9, Rule 139-A, RRC) Q: Is the provision requiring payment of a membership fee void? A: No. It is quite apparent that the fee is indeed imposed as a regulatory measure, designed to raise funds for carrying out the purposes and objectives of the integration. There is nothing in the Constitution that prohibits the court, under its constitutional power and duty to promulgate rules concerning the admission to the practice of law and the integration of the Philippine bar. (In the Matter of IBP Membership dues delinquency of Atty. Marcial Edillon, A.M. No. 1928, Aug. 3, 1978) Q: What is the effect of non-payment of IBP dues? A: Default in the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys (Sec. 10, Rule 139-A, RRC) subject to the requirement of due process. (Funa, 2009) Q: The Integrated Bar of the Philippines adopted a resolution recommending to the court the removal of the name Marcial A. Edillon, a duly licensed practicing attorney, from its Roll of Attorneys for stubborn refusal to pay his membership dues to the IBP since its constitution, notwithstanding due notice. Is Edillon correct in his objection that the court is
Q: Atty. Arevalo sought exemption from payment of IBP dues for the alleged unpaid accountability for the years 1977-2005. He
44
LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: Is honest mistake a valid excuse? A: An honest mistake in making false statement may be a valid excuse but the burden of proof lies on the one who alleges it. On the other hand, to be liable for suppressing a fact or information in the application, the suppression must be: 1. 2. Deliberately or knowingly made; and The fact or information suppressed must be material. (CPR Annotated, PhilJA)
Note: In order to determine whether or not a factual declaration is material or not, reference should be made to the requirements in applying for admission to the bar. (CPR Annotated, PhilJA)
Q: What are the consequences of knowingly making a false statement or suppression of a material fact in the application for admission to the Bar? A: Consequences of knowingly making a false statement or suppression of a material fact in the application for admission to the Bar: 1. If the false statement or suppression of material fact is discovered before the candidate could take the bar examinations, he will be denied permission to take the examinations. If the false statement or suppression of material fact was discovered after the candidate had passed the examinations but before having been taken his oath, he will not be allowed to take his oath as a lawyer. If the discovery was made after the candidate had taken his oath as a lawyer, his name will be stricken from the Roll of Attorneys.
2.
3.
Q: What is the effect if what is concealed is a crime NOT involving moral turpitude? A: Concealment will be taken against him. It is the fact of concealment and not the commission of the crime itself that makes him morally unfit to become a lawyer. When he made concealment he perpetrated perjury. Rule 7.02, Canon 7, CPR 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.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
45
Rule 7.03, Canon 7, CPR- A lawyer shall not engage in a conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. (2004 Bar Question) Q: What constitutes fitness to practice law? A: It is not to be determined only by the specific qualifications for admission into the bar but encompasses practically all aspects of a lawyers public or private life that could actually or potentially tarnish the integrity and dignity of the legal profession. (CPR Annotated, PhilJA) Q: Atty. Perenia got married in 2005. Then he met another woman, Helen; they fell in love and started living together. Atty. Perenia would even bring her along social functions and introduce her as his second wife. Is such act unethical? A: Yes, it violates Rule 7.03 of CPR. The fact that he shamelessly flaunts his mistress constitutes act which embarrass and discredit the law profession since it is his duty and obligation to uphold the dignity and integrity of the profession. The actuation of Atty. Perenia is contrary to good morals.
Note: While it has been held in disbarment cases that the mere fact of sexual relations between two unmarried adults is not sufficient to warrant administrative sanction for such illicit behavior, it is not so with respect to betrayals of the marital vow of fidelity. Even if not all forms of extra-marital relations are punishable under penal law, sexual relations outside marriage is considered disgraceful and immoral as it manifests deliberate disregard of
Q: Atty. Kuripot was one of Town Banks valued clients. In recognition of his loyalty to the bank, he was issued a gold credit card with a credit limit of P250,000.00. After two months, Atty. Kuripot exceeded his credit limit, and refused to pay the monthly charges as they fell due. Aside from a collection suit, Town Bank also filed a disbarment case against Atty. Kuripot. In his comment on the disbarment case, Atty. Kuripot insisted that he did not violate the Code of Professional Responsibility, since his obligation to the bank was personal in nature and had no relation to his being a lawyer. Is Atty. Kuripot correct? Explain your answer. A: Atty. Kuripot is not correct. Section 7.03 of the Code of Professional Responsibility provides that a lawyer shall not engage in conduct that adversely affects his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. Q: Explain whether Atty. Kuripot should be held administratively liable for his refusal to settle his credit card bill. A: He may not be held administratively liable. The Supreme Court has held that it does not take original jurisdiction of complaints for collection of debts. The creditors course of action is civil, not administrative in nature and proper reliefs may be obtained from the regular courts (Litigio v. Dicon, A.M. No. MTJ-93-806, July 13, 1995). Although lawyers have been held administratively liable for obstinacy in evading payment of a debt (Constantino v. Saludares, A.C. No. 2029, Dec. 7, 1993; Lao v. Medel, A.C. No. 5916, July 1, 2003),
46
LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
7.
8.
9.
2.
3.
4.
5.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
47
Q: In the pleadings and motions filed by Tiongco, he described Atty. Deguma as a love crazed Apache, a horned spinster, man-hungry virago and female bull of an Amazon who would stop at nothing to injure defendant if only to please and attract her client. Tiongco claims that she, as a lawyer in the Public Attorneys Office, is using the PAO as a marriage bureau for her benefit. Is the language employed by Tiongco improper and unethical?
2.
3.
4.
5.
6.
Note: Any undue ill-feeling between clients should not influence counsels in their conduct and
A lawyers language should be forceful but dignified, emphatic but respectfulas befitting an advocate and in keeping with the dignity of the legal profession. (In re: Climaco, A.C. No. 134-J, January 21, 1974).
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Is it ethical for Atty. Mendoza to advise Myrna to terminate the services of Atty. Khan and hire him instead for a reasonable attorneys fees? A: Such advice would be unethical. A lawyer shall conduct himself with courtesy, fairness and candor towards his professional colleagues (Canon 8, CPR). Specifically, he should not directly or indirectly encroach upon the professional employment of another lawyer (Rule 8.02, CPR). Q: What should Atty. Mendoza do about the information relayed to him by Myrna that Atty. Khan approached her husband with an indecent proposal? A: He can advice her to terminate the services of Atty. Khan and/or file an administrative case against Atty. Khan. 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 (Rule 8.02, CPR). (2006 Bar Question) Q: You are the counsel of K in his action for specific performance against DEV, Inc., a subdivision developer which is represented by Atty. L. Your client believes that the president of DEV Inc., would be willing to consider an amicable settlement and your client urges you to discuss the matter with DEV Inc., without the presence of Atty. L whom he consider to be an impediment to an early compromise. Would it be alright for you to negotiate the terms of the compromise as so suggested above by your client? A: No. Rule 8.02, Canon 8 of the Code of Professional Responsibility provides that a lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer. Canon 9 of the Code of Professional Ethics is more particular. A lawyer should not in any way communicate upon the subject of the controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him but should deal only with his counsel. In the case of Likong v. Lim, A.C. No. 3149, August 17, 1994, a lawyer was suspended for negotiating a compromise agreement directly with the adverse party without the presence and participation of her counsels. (1997 Bar Question) 4. NO ASSISTANCE IN UNAUTHORIZED PRACTICE OF LAW
Rule 8.02, Canon 8, CPR 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. (1995, 1997, 2001, 2005, 2006 Bar Questions)
Note: A person without a retained lawyer is a legitimate prospective client for any lawyer whom he approaches for legal services. But, as soon as he had retained one and had not dismissed the retained counsel, efforts of on the part of another lawyer to take him as client constitutes an act of encroaching upon the employment of another lawyer. 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. Exceptions: 1. A lawyer may properly interview any witness or prospective witness or prospective witness for the opposing side in any civil or criminal action without the consent of opposing counsel or party. Any person who seeks relief against an unfaithful or neglectful lawyer may approach another lawyer for proper advice and assistance. Any advice or assistance extended after proper verification is not encroaching upon the business of another lawyer for such act is justified under the circumstances.
2.
Q: Myrna, in a case for custody of children against her husband, sought advice from Atty. Mendoza whom she met at a party. She informed Atty. Mendoza that her lawyer, Atty. Khan, has been charging her exorbitant appearance fees when all he does is move for postponements which have unduly delayed the proceedings; and that recently, she learned that Atty. Khan approached her husband asking for a huge amount in exchange for the withdrawal of her Motion for Issuance of Hold Departure Order so that he and his children can leave for abroad.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
49
CANON 9, CPR -A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW (1992, 1995, 1997, 2000, Bar Questions)
Note: Public policy requires that practice of law be limited only to those individuals found duly qualified in education and character. Purpose: To protect the public, the court, the client and the bar from the incompetence or dishonesty of those unlicensed to practice law and not subject to the disciplinary control of the court.
Q: Sanchez alleged that the complaint against him and the supporting affidavits were subscribed and sworn to before Tupas, the Clerk of Court, who is not a member of the IBP and therefore engaged in unauthorized practice of law. Is Tupas as Clerk of Court authorized to administer oath? A: The term "clerk of courts" in the Section 41 of the Administrative Code as amended is used as a general term. The intention of the law is to authorize all clerks of court regardless of whether they are clerks of the Metropolitan Trial Courts, Municipal Trial Court and Municipal Circuit Trial Courts, to administer oaths on matter involving official business. As Clerk of Court of MCTC, Tupas has the authority to administer oath of affidavits of parties and witnesses which are to be filed in court. (Sanchez v. Tupas, A.M. OCA IPI No. 031687-P, Mar. 1, 2004)
Note: A lawyer is prohibited from allowing an intermediary to intervene in the performance of his professional obligation. Note: The act of pretending or assuming to be an attorney or an officer of the court and acting as such without authority is punishable with contempt of court. (Rule 71, sec 3(e), RRC)
Rule 9.01, Canon 9, CPR 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. Q: What is the reason for the rule? A: The qualifications to be a lawyer is personal and the bar is an exclusive group of professionals who possess the requisite classifications and for
Rule 9.02, Canon 9, CPR A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law.
Note: The interest promoted by the prohibition is that the independence of the professional judgment of a lawyer, which the client is paying for, could be at risk if a non-lawyer has direct rights to share in the legal fees resulting from the exercise of such professional judgment. (CPR Annotated, PhilJA)
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
the school. She explained that a lot of students lose their identification cards and are required to secure an affidavit of loss before they can be issued a new one. She claimed that this would be very lucrative for you, as more than 30 students lose their identification cards every month. However, the secretary wants you to give her one-half of your earning there from. Will you agree to the arrangement? Explain. A: No, I will not agree. Rule 9.02 of the Code of Professional Responsibility provides that a lawyer shall not divide or stipulate to divide a fee for legal service with persons not licensed to practice law. The secretary is not licensed to practice law and is not entitled to a share of the fees for notarizing affidavits, which is a legal service. (2005 Bar Question) C. THE LAWYER AND THE COURTS. 1. CANDOR, FAIRNESS AND GOOD FAITH TOWARDS THE COURT CANON 10, CPR
2.
Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; (Rule 9.02 ,third par., Canon 9,CPR) or
Note: The first and second exceptions represent compensation for legal services of the deceased lawyers. The estate or the heir cannot be made a member of the partnership with the surviving partners. The legal fees in this case, no longer represent compensation for past services.
- A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. (1994 Bar Question)
Rationale: The burden cast on the judiciary would be intolerable if it could not take at face value what is asserted by counsel.
3.
Where a lawyer or law firm includes a non-lawyer employees in a retirement plan, even if the plan is based in whole or in part, on a profit sharing agreement.(Rule 9.02, fourth par., Canon 9,CPR)
Note: This is not a division of legal fees but a pension representing deferred wages for the employees past services. This exception is an implicit recognition of the incontestable fact that lawyers need to, and in fact, depend on non-lawyers for the administrative support functions necessary to allow lawyers to discharge their legal functions more efficiently. (CPR Annotated, PhilJA)
Rationale: If attorneys fees were allowed to nonlawyers, it would leave the public in hopeless confusion as to whom to consult in case of necessity and also to leave the bar in a chaotic condition, aside from the fact that non-lawyers are not amenable to disciplinary measures.
Q: Atty. Florido demanded that the custody of their children be surrendered to him by showing his spouse Hueysuwan-Florido a photocopy of an alleged Resolution issued by the CA which supposedly granted his motion for temporary child custody. His spouse refused to surrender the custody. Hence, Atty. Florido filed a verified petition for the issuance of a writ of habeas corpus asserting his right to custody of the children on the basis of the alleged CAs resolution. Hueysuwan obtained a certification from the CA stating that no such resolution had been issued. Hence, complainant filed the instant complaint. May Atty. Florido be held administratively liable for his reliance on and attempt to enforce a spurious Resolution of the CA? A: Yes. Atty. Floridos actions erode the public perception of the legal profession. Candor and fairness are demanded of every lawyer. The burden cast on the judiciary would be intolerable if it could not take at face value what is asserted by counsel. The time that will have to be devoted
Q: You had just taken your oath as lawyer. The secretary to the president of a big university offered to get you as the official notary public of
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: Is the lawyers act in presenting false evidence in order that his client would win the case justifiable? A: No, because it is a clear violation of Canon 10 and Rule 10.01 of the CPR.
Note: Aside from violations of the CPR, the lawyer is also guilty of a crime under Art. 184, Revised Penal Code, which states, Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section.
Q: What are the requirements of candor? A: 1. A lawyer shall not suppress material and vital facts which bear on the merit or lack of merit of complaint or petition. A lawyer shall volunteer to the court any development of the case which has rendered the issue raised moot and academic. Disclosure to the court of any decision adverse to his position of which opposing counsel is apparently ignorant and which court should consider in deciding a case. He shall not represent himself as a lawyer for a client, appear in court and present pleadings in the latters behalf only to claim later that he was not authorized to do so.
2.
3.
Q: Dr. Maligaya, a doctor and retired colonel of the Air Force filed an action for damages against several military officers for whom Atty. Doronilla stood as a counsel. During the hearing of the case, Atty. Doronilla says that he and Dr. Maligaya had an agreement that if the opposing party withdraws the case against him, Dr. Maligaya will also withdraw all the cases. However, Dr. Maligaya swore that he never entered into any agreement to withdraw his lawsuits. Atty. Doronillo admitted that there was, in fact, no such agreement. He pointed out that his main concern was to settle the case amicably. Dr. Maligaya filed a case against Atty. Doronilla charging him of unethical conduct for having uttered falsehood in court. Is Atty. Doronilla guilty as charged? A: Yes. Atty. Doronilla violated Canon 10 and Rule 10.01 of the CPR. Not only that, he also violated the lawyers oath to do no falsehood, nor consent to the doing of any in court, of which Canon 10 and Rule 10.01 are but restatements. His act infringed on every lawyers duty to never seek to mislead the judge or any officer by an artifice or false statement of fact or law. (Maligaya v. Doronilla, A.C. No. 6198, Sept. 15, 2006)
4.
Q: What are the some cases of Falsehoods which merited discipline? A: 1. Lawyers falsely stating in a deed of sale that property is free from all liens and encumbrances when it is not so. (Sevilla v. Zoleta, A.C. No. 31, March 28, 1955) 2. Lawyers making it appear that a person, long dead, executed a deed of sale, in his favor. (Monterey v. Arayata, Per. Rec. Nos 3527, 3408, August 23, 1935) 3. Lawyer, encashing a check payable to a deceased cousin by signing the lattes name on the check. (In re: Samaniego, A.C. No. 74, November 20, 1959) 4. Lawyer falsifying a power of attorney and used it in collecting the money due to the principal and appropriating the money for his own benefit. (In re: Rusina, A.C. No. 270, May 29, 1959) 5. Lawyer alleging in one pleading that his clients were merely lessees of the property involved, and alleged in a later pleading that the same clients were the
52
LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
6.
7.
8.
9.
Rule 10.02, Canon 10, CPR A lawyer shall not knowingly misquote or misrepresent the contents of the 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 rationale behind the rule? A: If not faithfully and exactly quoted, the decisions and rulings of the court may lose their proper and correct meaning, to the detriment of other courts, lawyers and the public who may thereby be misled.
Note: A mere TYPOGRAPHICAL ERROR in the citation of an authority is not contemptuous. Note: Labor Arbiter Almirante and Atty. Durano deliberately made the quote from the SCRA syllabus appear as the words of the Supreme Court. We admonish them for what is at least patent carelessness, if not an outright attempt to mislead the parties and the courts taking cognizance to insubordination. (Allied Banking Corporation v. CA, GR No. 144412, November 2003). Note: A lawyer must quote word for word, punctuation mark for punctuation mark.
Q: A lawyer habitually asks for the re-setting of the case of his client for no apparent reason, in order for the complainant to get frustrated and become uninterested in the prosecution of the case. Is that act considered unethical? A: Yes, under Rule 10.03 of the CPR.
Note: A lawyer should not abuse his right of recourse to the courts for the purpose of arguing a cause that had been repeatedly rebuffed. Neither should he use his knowledge of law as an instrument to harass a party nor to misuse judicial processes, as the same constitutes serious transgression of the Code of Professional Responsibility. For while he owes fidelity to the cause of his client, it should not be at the expense of truth and the administration of justice. (Garcia v. Francisco, A.C. No. 3923, Mar. 30, 1993)
Rule 10.04, Canon 10, CPR - A lawyer shall, when filing a pleading, furnish the opposing party with a copy thereof, together with all the documents annexed thereto. Unless a motion is ex parte, he should set it for hearing, with sufficient notice to the other party.
Note: This is a new provision. The purpose of this rule is to avoid surprise and delays in cases.
Q: A lawyer filed a pleading in court citing a law which was already repealed, since the new law is not favorable to his clients cause. Is he guilty of any unethical act? A: Yes, because he knowingly used the old law to mislead the court, such act is unethical based on Rule 10.02 of the CPR.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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that the decision in Estrada v. Arroyo being patently unlawful in view of the Code of Judicial Conduct, is not the act of the Supreme Court but is merely the wrong of those individual Justices who falsely spoke and acted in the name of the Supreme Court (Urbano v. Chavez, G.R. No. 87977, March 19, 1990). Are Atty. Paguias comments within the bounds of fair and wellfounded criticisms regarding decisions of the SC? A: No. Criticism or comment made in good faith on the correctness or wrongness, soundness or unsoundness, of a decision of the Court would be welcome for, if well-founded, and such reaction can enlighten the court and contribute to the correction of an error if committed. (In Re Sotto, 82 Phil. 595.) The ruling in Estrada v. Arroyo, being a final judgment, has long put to end any question pertaining to the legality of the ascension of Arroyo into the presidency. By reviving the issue on the validity of the assumption of Gloria Macapagal-Arroyo to the presidency, Attorney Paguia is vainly seeking to breathe life into the carcass of a long dead issue. Attorney Paguia has not limited his discussions to the merits of his client's case within the judicial forum; indeed, he has repeated his assault on the Court in both broadcast and print media. The Supreme Court does not claim infallibility; it will not denounce criticism made by anyone against the Court for, if well-founded, can truly have constructive effects in the task of the Court, but it will not countenance any wrongdoing nor allow the erosion of our peoples faith in the judicial system, let alone, by those who have been privileged by it to practice law in the Philippines. Canon 11 of the Code of Professional Responsibility mandates that the lawyer should observe and maintain the respect due to the courts and judicial officers and, indeed, should insist on similar conduct by others. In liberally imputing sinister and devious motives and questioning the impartiality, integrity, and authority of the members of the Court, Atty. Paguia has only succeeded in seeking to impede, obstruct and pervert the dispensation of justice. (Estrada v. Sandiganbayan, G.R. Nos. 159486-88, Nov. 25, 2003) Q: The Court En Banc issued a Resolution directing respondent Atty. De Vera to explain why he should not be cited for indirect contempt of court for uttering some allegedly contemptuous statements in relation to the case involving the constitutionality of the Plunder Law which was then pending. Atty. De vera
Q: Attorney Paguia, asserts that the inhibition of the members of the Supreme Court from hearing the petition is called for under the Code of Judicial Conduct prohibiting justices or judges from participating in any partisan political activity. According to him, the justices have violated the said rule by attending the 'EDSA 2 Rally' and by authorizing the assumption of VicePresident Macapagal Arroyo to the Presidency. The subsequent decision of the Court in Estrada v. Arroyo (G.R. Nos. 146710-15, Mar. 2, 2001 and G.R. Nos. 146710-15, April 3, 2001) is a patent mockery of justice and due process. He went on to state that the act of the public officer, if lawful, is the act of the public office. But the act of the public officer, if unlawful, is not the act of the public office. Consequently, the act of the justices, if lawful, is the act of the Supreme Court. But the act of the justices, if unlawful, is not the act of the Supreme Court. It is submitted
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: Members of the faculty of the UP College of Law published a statement on the allegations of plagiarism and misrepresentation relative to the Courts decision in Vinuya v. Executive Secretary. The authors directly accused the Court of perpetrating extraordinary injustice by dismissing the petition of the comfort women said case. The insult to the members of the Court was aggravated by imputations of deliberately delaying the resolution of the said case, its dismissal on the basis of polluted sources, the Courts alleged indifference to the cause of petitioners, as well as the supposed alarming lack of concern of the members of the Court for even the most basic values of decency and respect. A: While most agree that the right to criticize the judiciary is critical to maintaining a free and democratic society, there is also a general consensus that healthy criticism only goes so far. Many types of criticism leveled at the judiciary cross the line to become harmful and irresponsible attacks. These potentially devastating attacks and unjust criticism can threaten the independence of the judiciary. The court must insist on being permitted to proceed to the disposition of its business in an orderly manner, free from outside interference obstructive of its functions and tending to embarrass the administration of justice. The Court could hardly perceive any reasonable purpose for the facultys less than objective comments except to discredit the April 28, 2010 Decision in the Vinuya case and undermine the Courts honesty, integrity and competence in addressing the motion for its reconsideration. As if the case on the comfort womens claims is not controversial enough, the UP Law faculty would fan the flames and invite resentment against a resolution that would not reverse the said decision. This runs contrary to their obligation as law professors and officers of the Court to be the first to uphold the dignity and authority of this Court, to which they owe fidelity according to the oath they have taken as attorneys, and not to promote distrust in the administration of justice. Their actions likewise constitute violations of Canons 10, 11, and 13 and Rules 1.02 and 11.05 of the Code of Professional Responsibility. (Re: Letter of the UP Law Faculty entitled Restoring Integrity: A Statement by the Faculty of the University of the Philippines College of Law on the
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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conversations-both actual and/or by telephone". It belied their good intention and exceeded the bounds of propriety, hence not arguably protected; it is the surfacing of a feeling of contempt towards a litigant; it offends the court before which it is made. A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the courts. It must be remembered that the language vehicle does not run short of expressions which are emphatic but respectful, convincing but not derogatory, illuminating but not offensive. It has been said that a lawyer's language should be dignified in keeping with the dignity of the legal profession. It is the duty of Atty. Depasucat et.al. as members of the Bar to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged. (Uy v. Depasucat, A.C. No. 5332, July 29, 2003)
Note: The language of a lawyer, both oral and written, must be respectful and restrained in keeping with the dignity of the legal profession and with his behavioral attitude toward his brethren in the profession. The use of abusive language by counsel against the opposing counsel constitutes at the same time disrespect to the dignity of the court justice. Moreover, the use of impassioned language in pleadings, more often than not, creates more heat than light. (Buenaseda v. Flavier, G.R. No. 106719, Sept. 21, 1993) The duty to observe and maintain respect is not a one-way duty from a lawyer to a judge. A judge should also be courteous to counsel, especially those who are young and inexperienced and to all those appearing or concerned in the administration of justice. R.A. No. 9211 or the Tobacco Regulation Act of 2003, in order to foster a healthful environment, absolutely prohibits smoking in specified public places and designates smoking and non-smoking areas in places where the absolute ban on smoking does not apply. Under this law, the Court is generally considered a place where smoking is restricted, rather than absolutely banned. Exceptions to this characterization are the Courts elevators and stairwells; the Courts medical and dental clinics; and the Courts cafeteria and other dining areas (including the Justices Lounge), together with their food preparation areas, where an absolute ban applies. In the areas where smoking restriction applies, the law requires that the Court designate smoking and non-smoking areas. Section 6, in connection with Section 1, of Office Order No. 06-2009 entitled Reiterating the Ban on Smoking as Provided for in Administrative Circular
Rule 11.02, Canon 11, CPR A lawyer shall punctually appear at court hearings.
Note: Punctuality is demanded by the respect which a lawyer owes to the court, the opposing counsel and to all the parties to the case. (Funa, 2009)
Rule 11.03, Canon 11, CPR A lawyer shall abstain from scandalous, offensive, or menacing language or behavior before the courts. Q: After the parties had filed their respective briefs with the Court of Appeals and before the latter's resolution submitting the case for decision was released, respondent lawyers, Atty. Depasucat, and others filed a pleading "Manifestation of Usurpation of Authority of the Hon. Court of Appeals from a Self-Confessed Briber of Judges", which stated that plaintiffappellant Uy had, in fact, confessed to bribing judges. Consequently, Uy filed a verified complaint against respondent lawyers for gross misconduct. Should the respondents be disciplined for having authored and filed the Manifestation of Usurpation of Authority of the Hon. Court of Appeals from a Self-Confessed Briber of Judges? A: Yes. Respondents went overboard by stating in the Manifestation that complainant "had in fact confessed to bribery and telling one of the judges, after the judges allegedly refused to give in to their demands, by using illegally taped
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Rule 11.04, Canon 11, CPR A lawyer shall not attribute to a judge motives not supported by the record or have no materiality to the case. However, every citizen has the right to comment upon and criticize the actuations of public officers. This right is not dismissed by the fact that the criticism is aimed at a judicial authority, or that it is articulated by a lawyer. Such right is especially recognized where the criticism concerns a concluded litigation, because the courts actuations are thrown open to public consumption. Courts thus treat with forbearance and restraint a lawyer who vigorously assails their actuations for courageous and fearless advocates are the strands that weave durability into the tapestry of justice.
Note: As citizen and officer of the court, every lawyer is expected not only to exercise the right, but also to consider it his duty to expose the shortcomings and indiscretions of courts and judges. But 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. Post litigation utterances or publications made by lawyers, critical of the courts and their judicial actuations, whether amounting to a crime or not, which transcend the permissible bounds of fair comment and legitimate criticism and thereby tend to bring them into dispute or to subvert public confidence in their integrity and in the orderly administration of justice, constitute grave professional misconduct which may be visited with disbarment or other lesser appropriate disciplinary sanctions by the SC in the exercise of the prerogatives inherent in it as the duly constituted guardian of the morals and ethics of the legal fraternity. (In Re: Almacen, G.R. No. L-27654, Feb. 18, 1970)
Q: An administrative case and disbarment proceeding was filed against MDS, a Lady Senator for uttering in her privilege speech delivered in the Senate floor where she was quoted as saying that she wanted to spit on the face of Chief Justice and his cohorts in the Supreme Court, and calling the Court a Supreme Court of idiots. She alleged that it was considered as part of her Parliamentary immunity as such was done during the session. Is she correct? A: Yes, because her statements, being part of her privilege speech as a member of Congress, were covered by the constitutional provision on parliamentary immunity. Indeed, her privilege speech is not actionable criminally or in a disciplinary proceeding under the Rules of Court. However, as a member of the Bar, the Court wishes to express its deep concern about the language Senator Santiago used in her speech and its effect on the administration of justice. To the Court, the lady senator has undoubtedly crossed the limits of decency and good professional conduct. It is at once apparent that her statements in question were intemperate and highly improper in substance. MDS should have taken to heart in the first place the ensuing passage in In Re: Vicente Sotto that x x x [I]f the people lose their confidence in the honesty and integrity of this Court and believe that they cannot expect justice therefrom, they might be driven to take the law into their own hands, and disorder and perhaps chaos would be the result. No lawyer who has taken an oath to maintain the respect due to the courts should be allowed to erode the peoples faith in the judiciary. In this case, the lady senator clearly violated Canon 8, Rule 8.01 and Canon 11 of the Code of Professional Responsibility. (Pobre v. Senator Santiago, A.C. No. 7399, Aug. 25, 2009)
Note: The lawyers duty to render respectful subordination to the courts is essential to the
Q: Atty. Romeo Roxas was charged for contempt when he, in a letter addressed to Associate Justice Chico-Nazario, stated that Justice Nazario decided the cases in favor of Zuzuarregui, ordering Attys. Roxas and Pastor to pay the former P17,073,224.84 on considerations other than the pure merits of the case and called the SC a dispenser of injustice. He ended his letter by mocking her when he said sleep well if you
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Rule 11.05, Canon 11, CPR - A lawyer shall submit grievances against a Judge to the proper authorities only. Q: Who are authorities? A: NATURE OF THE CASE If administrative in nature WHERE TO FILE It shall be filed with the Office of the Court Administrator of the Supreme Court It shall be filed with the Office of the Ombudsman It must be coursed through the House of Representative and the Senate in accordance with the rules on impeachment. (CPR Annotated, PhilJA) considered as the proper
If criminal and not purely administrative If it involves a Justice of the Supreme Court based on impeachable offenses
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
2.
3.
Q: Jardin engaged the services of Atty. Villar Jr. to represent him in a collection case. The case went its course, but later despite several extensions of time given by the trial court, Atty. Villar Jr. failed to file his formal offer of exhibits. The dismissal of the collection case prompted Jardin to file a verified affidavit-complaint for the disbarment of Atty. Villar Jr. with the Court, wherein he alleged that after the dismissal of the collection case, he terminated the services of Atty. Villar Jr. as his counsel; that Atty. Villar Jr. failed to return the originals of the documentary exhibits entrusted to him; and that Atty. Villar Jr. finally handed over the documents only as an aftermath of a heated argument he had with the Jardin's wife. Was Atty. Villar Jr. remiss in his duties as counsel when he failed to file his formal offer of exhibit? A: Yes. The record clearly shows that Atty. Villar Jr. has been languid in the performance of his duties as counsel for the complainant. He was given by the trial court several extensions of time. Therefore, Atty. Villar Jr. had three (3) months and nine (9) days within which to file the formal offer of exhibits. Atty. Villar Jr. did not bother to give an explanation even in mitigation or extenuation of his inaction. Manifestly, Atty. Villar Jr. has fallen short of the competence and diligence required of every member of the law. It is indeed dismaying to note Atty. Villar Jr.s patent violation of his duty as a lawyer. He committed a serious transgression when he failed to exert his utmost learning and ability and to give entire devotion to his client's cause. His client had relied on him to file the formal offer of exhibits among other things. But he failed him. Resulting as it did in the dismissal of the case, his failure constitutes inexcusable default. (Jardin v. Atty. Villar, Jr., A.C. No. 5474, Aug. 28, 2003) Q: Judgment was rendered against Eternal Gardens ordering it to reconvey the cemetery to the rightful owners. Despite the final decision of the SC, Eternal Gardens was able to prevent the execution for 17 years, rendering the judgment ineffectual. They filed several petitions and motions for reconsideration with the trial court and the CA despite the fact that it would never prosper as the trial courts decision had long become final before the said petitions were
4.
Note: Cardinal condition of criticism is that it shall be bona fide and shall not spillover the walls of decency and propriety.
3. ASSISTANCE IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE CANON 12, CPR - A LAWYER SHALL EXERT EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE (1991,1994,1996,2003 Bar Questions)
Note: The filing of another action concerning the same subject matter, in violation of the doctrine of res judicata, runs contrary to this Canon. (Lim v. Montano, A.C. No. 5653, February 27, 2006).
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Rule 12.01, Canon 12, CPR 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.
Note: A newly hired counsel who appears in a case in the midstream is presumed and obliged to acquaint himself with all the antecedent processes and proceedings that have transpired in the record prior to his takeover. (Villasis v. CA, G.R. Nos. L36874-76, Sept. 30, 1974)
Rule 12.02, Canon 12, CPR A lawyer shall not file multiple actions arising from the same cause. (1991, 1997, 1998, 2002 Bar Questions) Q: What is forum-shopping? A: It is the improper practice of filing several actions or petitions in the same or different tribunals arising from the same cause and seeking substantially identical reliefs in the hope of winning in one of them. The omission to disclose pendency of appeal or prior dismissal of his case by a court of concurrent jurisdiction with intent of seeking a favorable opinion. The prohibition includes the filing of petitions for writs of certiorari, mandamus and prohibition when there are similar petitions already filed or pending. (CPR Annotated, PhilJA)
Note: The mere filing of several cases based on the same 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 v. Sandiganbayan, G.R. No. 108251, Jan. 31, 1996) The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. (Foronda v. Atty. Guerrero, A.C. No. 5469, Aug. 10, 2004)
Q: Is a lawyer guilty of an unethical act when he employs means to delay the disposition of the case? A: Yes, because Canon 12 states that A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice.
Note: The duty of a lawyer to assist in the speedy and efficient administration of justice includes the duty to refrain from talking to his witness during a break or recess in the trial while the witness is still under examination. The dilatory tactics of the defense counsel and the failure of both the judge and the fiscal to take effective counter measures to obviate the delaying acts constitute obstruction of justice. (People v. Jardin, G.R. Nos. L-33037-42, Aug. 17, 1983)
Q: What are acts which amount to obstruction of justice? A: Instructing a complaining witness not to appear at trial, asking a client to plead guilty to a crime he did not commit, advising a client to escape from prison, employing dilatory tactics, prosecuting clearly frivolous cases or appeals, filing multiple actions.
Q: How is forum shopping committed? A: 1. Going from one court to another in the hope of securing a favorable relief in one court, which another court has denied.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
3.
Q: Who signs the forum shopping certification? A: GR: The party himself as he has personal knowledge of the facts therein stated. XPN: Counsel, when clothed with a special power of attorney to do so. (The lawyer shall certify that he has personal knowledge of the facts therein stated and shall give justifiable reason or explanation why the party himself cannot sign the same).
Note: In case of a juridical person, its lawyer authorized through a board resolution must sign the certification. Should there be more than one plaintiff or petitioner, all of them must execute the certification and verification. Unless, it is a suit involving conjugal property, in such a case, the husband alone may execute the same.
Q: The trial court declared Paxton Development Corporation (PDC) the lawful owner of the subject lots. CA affirmed. Top Rate as the losing party sought to have the said resolution set aside and thereafter filed with the Supreme Court a motion for extension of time to file a petition for review from the adverse CA decision and resolution. The motion contained a "verification/certification" under oath as to nonforum shopping, without mentioning the pending manifestation and motion with the CA, which was notarized by Atty. Manlangit. Both Atty. Manlangit and Atty. Gana knew the relevant case status after having invariably acted as counsel of Top Rate before the trial court, the Court of Appeals and the Supreme Court. Top Rate then filed a series of motions with the SC, all of which failed to state that Top Rate still has a pending manifestation and motion with the CA. It was only when it withdrew its Petition for Review on Certiorari that Top Rate bared before the SC the existence of the said manifestation and motion pending with the CA. Should Top Rate and its counsel be found guilty of forum shopping?
Q: What are the possible consequences of forum shopping? A: 1. 2. 3. Summary dismissal of the multiple petition or complaint Penalty for direct contempt of court on the party and his lawyer Criminal action for a false certification of non forum shopping and indirect contempt
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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5.
Q: J sustained serious physical injuries due to a motor vehicle collision between the car she was driving and a public utility bus, requiring her confinement for 30 days at the Makati Medical Center. After her release from the hospital, she filed a criminal complaint against the bus driver for serious physical injuries through reckless imprudence before the Makati Prosecutors Office. She also filed a civil complaint before the Paranaque Regional Trial Court against the bus operator and driver for compensatory, moral, exemplary and other damages. Aside from the two complaints, she additionally filed an administrative complaint against the bus operator with the Land Transportation Franchising and Regulatory Board for cancellation or suspension of the operators franchise. Would you say that she and her lawyer were guilty of forum-shopping? A: No. There is no forum-shopping in the simultaneous filing of a criminal case and a civil case in this instance. Article 33 of the Civil Code allows the filing by an injured party of a civil action for damages entirely separate and distinct from the criminal action in cases of defamation, fraud, and physical injuries. There is no forumshopping involved in filing an administrative complaint against the bus operator with the Land Transportation Franchising and Regulatory Board. The cancellation or suspension of the operators franchise is for a different cause of action. (1997 Bar Question) Q: Give five (5) instances of forum-shopping. A: 1. When, as a result of an adverse opinion in one forum, a party seeks a favorable opinion (other than by appeal or certiorari) in another When he institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or the other court would make a favorable disposition(Benguet Electric Cooperative, Inc. v. NEA, G.R. No. 93924, January 23, 1991) Filing a second suit in a court without jurisdiction (New Pangasinan Review, Inc. v. NLRC,G.R. No. 85939, April 19, 1991) Filing an action in court while the same cause of action is still pending in an administrative proceeding (Earth Minerals
Note: The committee suggests full credit for any 3 of the above enumerated instances of forum-shopping.
Rule 12.03, Canon 12, CPR 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. (2003 Bar Question)
Note: The court censures the practice of counsels who secures repeated extensions of time to file their pleadings and thereafter simply let the period lapse without submitting the pleading or even an explanation or manifestation of their failure to do so. (Achacoso v. CA, G.R. No. L-35867, June 28, 1973). Asking for extension of time must be in good faith. Otherwise, it is an obstruction of justice and the lawyer is subject to discipline. (CPR Annotated, PhilJA) The same rule applies more forcefully to motion for continuance. Postponement is not a matter of right but of sound judicial discretion. (Edrial v. QuilatQuilat, G.R. No. 133625, Sept. 6, 2000)
Rule 12.04, Canon 12, CPR A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes.
2.
Note: It is understandable for a party to make full use of every conceivable legal defense the law allows it. However, of such attempts to evade liability to which a party should respond, it must ever be kept in mind that procedural rules are intended as an aid to justice, not as means for its frustration. Once a judgment becomes final and executory, the prevailing party should not be denied the fruits of his victory by some subterfuge devised by the losing party. Unjustified delay in the enforcement in the enforcement of a judgment sets at naught the role of the courts in disposing justiciable controversies with finality. (Aguilar v. Manila Banking Corporation, GR No. 157911, September 19, 2006)
3.
4.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
5.
An adverse party, though he may be used as a witness, is not however a witness within the meaning of the rule permitting a lawyer to interview the witness of the opposing counsel.
Rule 12.05, Canon 12, CPR 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 reason for the rule? A: To prevent the suspicion that he is coaching the witness what to say during the resumption of the examination.
Rationale: To uphold and maintain fair play with the other party and to prevent the examining lawyer from being tempted to coach his own witness to suit his purpose.
Note: A lawyer shall avoid testifying in behalf of his client. The function of a witness is to tell the facts as he recalls them in answer to questions while the function of an advocate is that of a partisan. It is difficult to distinguish between the zeal of an advocate and the fairness and impartiality of a disinterested witness. Although the law does not forbid an attorney to be a witness and at the same time an attorney in a cause, the courts prefer that counsel should not testify as a witness unless it is necessary and that they should withdraw from the active management of the case. (PNB v. Uy Teng Piao, G.R. No. L- 35252, Oct. 21, 1932) (2001, 2005 Bar Questions)
Q: Who is a witness? A: A human instrumentality through which the law and its ministers, the judges and lawyers, endeavor to ascertain the truth and to dispense justice to the following parties. Q: What are the guidelines in interviewing a witness? A: 1. A lawyer may interview a witness in advance of the trial to guide him in the management of the litigation; A lawyer may also interview a prospective witness for the opposing side in any civil and criminal action without the consent of opposing counsel or party; A lawyer must properly obtain statements from witnesses whose names were furnished by the opposing counsel or interview the employees of the opposing party even though they are under subpoena to appear as witnesses for the opposite side; If after trial resulting in defendants conviction, his counsel has been advised that a prosecution witness has committed perjury, it is not only proper but it is the lawyers duty to endeavor honorable means to obtain such witness reaction, even without advising the public prosecutor of his purpose and even though the case is pending appeal; and
Rule 12.06, Canon 12, CPR A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. Q: What are the sanctions on a lawyer who shall knowingly assist a witness to misrepresent himself or to impersonate another? A: Art. 184, Revised Penal Code provides: The lawyer who presented a witness knowing him to be a false witness is criminally liable for Offering False Testimony in Evidence.
Note: The lawyer who is guilty of the above is both criminally and administratively liable.
2.
the
3.
A: Yes. The witness who commits the misrepresentation is criminally liable for False Testimony either under Art. 181, 182 or 183, Revised Penal Code, depending upon the nature of the case.
Note: The lawyer who induces a witness to commit false testimony is equally guilty as the witness. Q: Who commits subordination of perjury? A: It is committed by a person who knowingly and willfully procures another to swear falsely and the witness subordinated does testify under circumstances rendering hm guilty of perjury. (U.S. v. Ballena, G.R. No. L-6294, February 10, 1911).
4.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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5.
Note: It was highly inconsiderate for the prosecutor and the defense counsel to trade quips at the precise time the victim of rape was reviving her harrowing experience. Courts are looked up to by the people with high respect and are regarded as places were litigants are heard, rights and conflicts are settled and justice solemnly dispensed. Levity has no place in the courtroom during the examination of the victim of rape, and particularly at her expense. (People v. Nuguid, G.R. No. 148991, Jan. 21, 2004)
Rule 12.08, Canon 12, CPR A lawyer shall avoid testifying in behalf of his client, except: a. On formal matters, such as the mailing, authentication or custody of an instrument, and the like; or 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.
b.
Q: What is the reason for the rule? A: The function of a witness is to tell the facts as he recalls them in answer to questions. The function of an advocate is that of a partisan. It is difficult to distinguish between the zeal of an advocate and the fairness and impartiality of a disinterested witness. Q: What are the instances when a lawyer may not testify as a witness in a case which he is handling for a client? A: TARCC 1. When as an attorney, he is to Testify on the theory of the case
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
3. 4. 5.
Q: What are the instances when a lawyer may testify as a witness in a case which he is handling for a client? A: FETAD 1. On Formal matters, such as the mailing, authentication or custody of instrument and the like; 2. Acting as an Expert on his fee; 3. 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; 4. Acting as an Arbitrator; 5. Deposition. 4. RELIANCE ON MERITS OF CASE, NOT FROM IMPROPER INFLUENCE UPON THE COURTS CANON 13, CPR - 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. (1994, 1997,2000,2001,2003 Bar Questions)
Note: 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.
Q: Atty. J requested Judge K to be a principal sponsor at the wedding of his son. Atty. J met Judge K a month before during the IBPsponsored reception to welcome Judge K into the community, and having learned that Judge K takes his breakfast at a coffee shop near his (Judge K's) boarding house, Atty. J made it a point to be at the coffee shop at about the time that Judge K takes his breakfast. Comment on Atty. J's acts. Do they violate the Code of Professional Responsibility? A: Yes, his actions violate the Code of Professional Responsibility. Canon 13 of the said Code provides that 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 of the same Code provides that a lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for, cultivating familiarity with judges. Atty. J obviously sought opportunity for cultivating familiarity with Judge K by being at the coffee shop where the latter takes his breakfast, and is extending extraordinary attention to the judge by inviting him to be a principal sponsor at the wedding of his son. (2000 Bar Question) Rule 13.02, Canon 13, CPR 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: When can there be prejudicial publicity? A: There must be an allegation and proof that the judges have been unduly influenced, not simply that they might be, by barrage of publicity. (CPR Annotated, PhilJA)
Note: The restriction does not prohibit issuances of statements by public officials charged with the duty of prosecuting or defending actions in court. Note: Public statements to arouse public opinion for or against a party are generally condemned.
Rule 13.01, Canon 13, CPR A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with judges.
Rationale: To protect the good name and reputation of the judge and the lawyer. Lawyers should not seek for opportunity to cultivate familiarity with judges. A lawyer who resorts to such practices of seeking familiarity with judges dishonors his profession and a judge who consents to them is unworthy of his high office.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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D. THE LAWYER AND THE CLIENT Attorney-Client Relationship (1995,1997,1999,2001,2002 Bar Questions) Q: What is the nature of attorney-client relationship? A: 1. Strictly personal Prohibits the delegation of work without the clients consent. Highly confidential a. Communication made in the course of lawyers professional employment; and Communication intended to be confidential.
2.
b.
3.
Fiduciary a. Hold in trust all moneys and properties of his client that may come into his possession; When a lawyer enforces a charging lien against his client, the relationship is terminated; and An attorney cannot represent adverse interest unless the parties consent to the representation after full disclosure of facts.
b.
c.
Q: Is a contract necessary in order to have a professional relationship between a lawyer and a client? A: No, the absence of a written contract will not preclude a finding that there is a professional relationship. Documentary formalism is not an essential element in the employment of an attorney; the contract may be express or implied.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: What are the rules protecting attorney-client relationship? A: 1. 2. Best efforts must be exerted by the attorney to protect his clients interest; The attorney must promptly account for any fund or property entrusted by or received for his client; An attorney cannot purchase his clients property or interest in litigation; The privacy of communications shall at all times upheld; An attorney cannot represent a party whose interest is adverse to that of his client even after the termination of the relation.
3. 4. 5.
Q: How is a lawyer-client relationship formed? A: 1. Oral When the counsel is employed without a written agreement, but the conditions and amount of attorneys fees are agreed upon. Express when the terms and conditions including the amount of fees are explicitly stated in a written document, which may be a private or public document. Written contract of attorneys fees is the law between the lawyer and the client. Implied 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 client is benefited by reason thereof.
Q: What are the three principal types of professional activity that a licensed attorney at law generally engages in, in the practice of his profession? A: LAP 1. Legal advice and instructions to clients to inform them of their rights and obligations; 2. Appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty, and property according to law, in order to assist in proper interpretation and enforcement of law; and 3. Preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman. (CPR Annotated, PhilJA) Q: Uy engaged the services of Atty. Gonzales to prepare and file a petition for the issuance of a new certificate of title. Uy confided with him the circumstances surrounding the lost title and discussing the fees and costs. When the petition was about to be filed, Atty. Gonzales went to Uys office and demanded a certain amount from him other than what they had previously agreed upon. Uy found out later that instead of filing the petition for the issuance of a new certificate of title, Atty. Gonzales filed a lettercomplaint against him with the Office of the Provincial Prosecutor for falsification of public documents. The letter-complaint contained facts and circumstances pertaining to the transfer certificate of title that was the subject matter of the petition which Atty. Gonzales was supposed to have filed. Should Atty. Gonzales be suspended for violating the lawyer-client relationship when he filed a complaint for
2.
3.
Note: While a written agreement for professional services is the best evidence to show the relation, formality is not an essential element of the employment of an attorney. The absence of a written contract will not preclude a finding that there is a professional relationship.
Q: What are the advantages of a written contract between the Lawyer and the Client? A: 1. 2. It is conclusive as to the amount of compensation. In case of unjustified dismissal of an attorney, he shall be entitled to recover from the client full compensation stipulated in the contract (RA 636).
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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become his client. He has the right to decline employment. XPN: 1. A lawyer shall not refuse his services to the needy (Canon 14); 2. He shall not decline to represent a person solely on account of the latters race, sex, creed or status of life or because of his own opinion regarding the guilt of said person (Rule 14.01); (1990, 1993, 2000, 2002, 2006 Bar Questions) 3. He shall not decline, except for serious and efficient cause like a. If he is not in a position to carry out effectively or competently; b. If he labors under a conflict of interest between him and the prospective client (Rule 14.03). Q: What is the rationale for the establishment and operation of legal aid offices in all chapters of the IBP? A: Legal aid is not a matter of charity. It is a means for the correction of social imbalances that may and often do lead to injustice, for which reason it is a public responsibility of the Bar. The spirit of public service should, therefore, underlie all legal aid offices. The same should be so administered as to give maximum possible assistance to indigent and deserving members of the community in all cases, matters and situations in which legal aid may be necessary to forestall an injustice. (Public Service, Sec. 1, Art. 1, IBP Guidelines on Legal Aid) Q: Are there instances where a lawyer has the duty to decline employment? A: A lawyer should decline no matter how attractive the fee offered may be if its acceptance will involve: RACCAA 1. 2. A violation of any of the Rules of the legal profession; Advocacy in any manner in which he had intervened while in the government service; Nullification of a Contract which he prepared; Employment with a Collection agency which solicits business to collect claims; Employment, the nature of which might easily be used as a means of Advertising his professional services of his skill; or
3. 4. 5.
Q: Does a lawyer have a right to decline employment? A: GR: A lawyer is not obliged to act as legal counsel for any person who may wish to
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: What are the ethical considerations in taking a bad case? A: 1. Criminal case A lawyer may accept a losing criminal case because every accused is presumed innocent until proven guilty and is entitled to counsel. Civil case - The rules and ethics of the profession enjoin a lawyer from taking a bad case.
Rule 14.01, Canon 14, CPR - A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person.
Rule 14.01 is applicable only in criminal cases. In criminal cases, a lawyer cannot decline to represent an accused or respondent because of his opinion that the said person is guilty of the charge or charges filed against him. In representing the accused or respondent, the lawyer must only use means which are fair and honorable. (Sec. 20[I], Rule 138, RRC) Rule 14.01 is not applicable in civil cases because it is the duty of an attorney to counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law. (Sec. 20[c], Rule 138, RRC)
2.
Q: What are the reasons why a lawyer may not accept a losing civil case? A: 1. The attorneys signature in every pleading constitutes a certificate by him that there is good cause to support it and that it is not interposed for delay, and willful violation of such rule shall subject him to disciplinary action; It is the attorneys duty to counsel or maintain such actions or proceedings only as appears to him to be just and only such defenses as he believes to be honestly debatable under the law; A lawyer is not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause, for any corrupt motive or interest; and A lawyer must decline to conduct a civil cause or to make a defense when convinced that it is intended merely to harass or injure the opposite party or to work oppression or wrong.
2.
Q: Atty. DDs services were engaged by Mr. BB as defense counsel in a lawsuit. In the course of the proceedings, Atty. DD discovered that Mr. BB was an agnostic and a homosexual. By reason thereof, Atty. DD filed a motion to withdraw as counsel without Mr. BBs express consent. Is Atty. DDs motion legally tenable? Reason briefly. A: No. Atty. DDs motion is not legally tenable. He has no valid cause to terminate his services. His client, Mr. BB, being an agnostic and homosexual, should not be deprived of his counsels representation solely for that reason. A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life or because of his own opinion regarding the guilt of said person. (Canon 14, Rule 14.01, CPR) (2004 Bar Question) b. Services as Counsel de Officio Rule 14.02, Canon 14, CPR A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. (1991, 1993, 1994, 1996, 1998, 2001, 2002, 2004, 2006 Bar Question) Q: What is the protection given by law to poor litigants who cannot afford the services of a lawyer?
3.
4.
Q: Is there an instance when a lawyer may accept a losing civil case? A: Yes, provided that, in so doing, he must not engage in dilatory tactics and must advise his client about the prospects and advantage of settling the case through a compromise. (1996, 2001, 2002, 2005 Bar Question) a. Services Regardless of Persons Status
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: What are considered in appointing a counsel de oficio? A: 1. 2. 3. Gravity of offense; Difficulty of questions that may arise; and Experience and ability of appointee.
Q: A criminal complaint was filed against Bermas for the crime of rape. The Second Assistant Prosecutor issued a certification that the accused has waived his right to preliminary investigation. On the day of the scheduled arraignment, the accused was brought before the trial court without counsel. The court assigned a PAO attorney to be the counsel de officio who, during trial also made a request that she be relieved from the case. Another counsel was thereafter assigned as the new counsel de officio. When said new counsel for the accused failed to appear before the court for their presentation of evidence, the Court appointed another counsel de officio but, again, said counsel asked to be relieved from the case. The newly appointed counsel also failed to appear before the court. Despite the said events, the lower court convicted the accused of death penalty for the violation of the crime of rape. The defense counsel claimed that the accused was deprived of due process, was denied his Constitutional right to effective and vigilant counsel and his Constitutional right to be tried by an impartial judge. Is there a violation of due process and was denied of his Constitutional right to effective and vigilant counsel?
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: When may refusal of a counsel to act as counsel de oficio be justified on grounds aside from the reasons of health, extensive travel abroad, or similar reasons of urgency? A: Other justified grounds for refusal to act as a counsel de oficio are: 1. Too many de oficio cases assigned to the lawyer; (People v. Daeng, G.R. No. L34091, Jan. 30, 1973) Conflict of interest; (Rule 14.03, CPR) Lawyer is not in a position to carry out the work effectively or competently; (supra) Lawyer is prohibited from practicing law by reason of his public office which prohibits appearances in court; and Lawyer is preoccupied with too many cases which will spell prejudice to the new clients.
2. 3. 4.
5.
Q: Atty. J. Bonanza, a semi-retired Metro Manila practitioner has a cattle ranch in the remote municipality of Nueva Ecija. He attends to his law office in Manila on Mondays, Tuesdays and Wednesdays, and the rest of the week he spends in his cattle ranch raising horses. In a criminal case pending before the Municipal Trial Court of Carranglan, the only other licensed member of the bar in the place is representing the complainant. The accused is a detention prisoner. The judge wants to expedite proceedings. What must proceedings? the judge do to expedite
A: The judge may appoint attorney Bonanza as counsel de oficio considering that the accused is a detention prisoner and therefore it is assumed that he has no financial means of engaging a paid counsel. (1988 Bar Question)
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Rule 14.04, Canon 14, CPR 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. (2008 Bar Question) Q: Atty. Mariano Dajoyag, Jr. is Ernesto Ramos counsel. He failed to perfect their appeal before the SC. He filed the petition for certiorari within the 20-day period of extension that he sought in his 2nd motion for extension. He learned that the period of extension granted in his 1st motion for extension was inextendible only after the expiration of the 2 periods of extension that he prayed for. A complaint for negligence and malpractice was filed against him, to which he pleaded good faith and excusable neglect of duty. Is Atty. Dajoyag Jr. guilty of neglect of duty? A: Yes. Motions for extension are not granted as a matter of right but in the sound discretion of the court, and lawyers should never presume that their motions for extension or postponement will be granted or that they will be granted the length of time they prayed for.
Note: An appellant who is not confined in prison is not entitled to an attorney de oficio unless a request is made within ten days from notice to file the appellants brief and the right thereto is established by affidavit of poverty. (Sec. 13, Rule 122, RRC) (1993 Bar Question)
Q: May a lawyer decline a request for free legal aid to an indigent accused made by a chapter of the IBP? Explain. A: Rule 14.02 of the CPR provides that a lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
a. Confidentiality rule
Note: Confidentiality means the relation between lawyer and client or guardian and ward, or between spouses, with regard to the trust that is placed in the one by the other. (Blacks Law Dictionary 7th Edition 1990, 2004)
b. Privilege Communication Rule 15.02, Canon 15, CPR- A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. (2008 Bar Question) Q. How is Rule 15.02 different from Canon 17? A: Rule 15.02 speaks of the duty of confidentiality to a prospective client while Canon 17 provides for the duty of confidentiality to an actual client. (Funa, 2009) Q: Are matters disclosed by a prospective client to a lawyer protected by the rule on privileged communication? A: Yes. The foregoing disqualification rule applies to prospective clients of a lawyer. Matters disclosed by a prospective client to a lawyer are protected by the rule on privileged communication even if the prospective client does not thereafter retain the lawyer or the latter declines the employment. The reason for this is to make the prospective client free to discuss whatever he wishes with the lawyer without fear that what he tells the lawyer will be divulged or used against him, and for the lawyer to be equally free to obtain information from the prospective client. (CPR Annotated, PhilJA)
Note: A privileged communication is one that refers to information transmitted by voluntary act of disclosure between attorney and client in confidence
2. CANDOR, FAIRNESS AND LOYALTY TO CLIENTS CANON 15, CPR - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENT. (1991 Bar Question)
Q: What does the Code of Professional Responsibility provide pertinent to the lawyers duty as regards his dealings and transactions with clients? A: Canon 15 of the Code of Professional Responsibility provides that A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his client. A lawyer owes absolute fidelity to the cause of his client. He owes his client full devotion to his interest, warm zeal in the maintenance and defense of his rights.
Note: It demands of an attorney an undivided allegiance, a conspicuous and high degree of good faith, disinterestedness, candor, fairness, loyalty,
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: What are the essential factors to establish the existence of the attorney-client privilege communication? A: 1. 2. 3. 4. 5. 6. 7. 8. Where the legal advice of any kind is sought From a professional legal adviser in his capacity as such The communications relating to that purpose Made in confidence By the client Are at his instance permanently protected From disclosure by himself or by the legal advisor Except if the protection be waived. (Hadjula v. Madianda, A.C. No. 6711, July 3, 2007) requisites of privilege
Q: Rosa Mercados husband filed an annulment against her. Atty. Julito Vitriolo represented her. Thereafter, a criminal action against her was filed by the latter for falsification of public document. According to Atty. Vitriolo, she indicated in the Certificates of Live Birth of her children that she is married to a certain Ferdinand Fernandez, and that their marriage was solemnized on April 11, 1979, when in truth, she is legally married to Ruben Mercado and their marriage took place on April 11, 1978. Mercado claims that the criminal complaint disclosed confidential facts and information relating to the civil case for annulment handled by Vitriolo as her counsel. Did Atty. Julito Vitriolo violate the rule on privileged communication between attorney and client? A: Evidence on record fails to substantiate Mercados allegations. She did not even specify the alleged communication in confidence disclosed by Atty. Vitriolo. All of Mercados claims were couched in general terms and lacked specificity. Without any testimony from Mercado as to the specific confidential information allegedly divulged by Atty. Vitriolo without her consent, it is difficult, if not impossible to determine if there was any violation of the rule on privileged communication. It is not enough to merely assert the attorneyclient privilege. The burden of proving that the privilege applies is placed upon the party asserting the privilege. (Mercado v. Vitrilio, A.C. No. 5108, May 26, 2005) Q: What is the test in determining whether a communication to an attorney is covered by the rule on privilege communication? A: Whether the communications are made to an attorney with view of obtaining from him personal assistance or advice regardless of whether there is a pending or merely impending litigation or any litigation. Q: What are the purposes of making the communication privileged? A:
2.
3.
There is attorney-client relationship or a kind of consultancy requirement with a prospective client; The communication was made by the client to the lawyer in the course of the lawyers professional employment; The communication must be intended to be confidential.
Note: The privilege continues to exist even after the termination of the attorney-client relationship. It outlasts the lawyers engagement. The privileged character of the communication ceases only when waived by the client himself or after his death, by the heir or legal representative. (Baldwin v. CIR, 94 F. 2d 355, 20 AFTR 940) Note: The party who avers that the communication is privileged has the burden of proof to establish the existence of the privilege unless from the face of the document itself, it clearly appears that it is privileged. The mere allegation that the matter is privileged is not sufficient. (People v. Sleeper, No. 22783, December 3, 1924; Lapena Jr., 2009)
1.
2.
To encourage a client to make a full disclosure of the facts of the case to his counsel without fear To allow the lawyer freedom to obtain full information from his client.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
2. 3. 4.
5.
6.
Q: Who are the persons entitled to claim the privilege? A: The attorney-client privilege covers: 1. Lawyer; 2. Client; and 3. Third persons who by reason of their work have acquired information about the case being handled such as: a. Attorneys secretary, stenographer and clerk; b. Interpreter, messengers and agents transmitting communication; and c. An accountant, scientist, physician, engineer who has been hired for effective consultation. (Sec. 24(b), Rule 130, RRC) Q: Bureau of Immigration and Deportation (BID) Intelligence Agent Hernandez, together with a reporter, went to the house of Aoyagi, a Japanese national. He was told that there were complaints against him in Japan and that he was suspected to be a Yakuza big boss, a drug dependent and an overstaying alien. To prove that he had done nothing wrong, Aoyagi showed his passport to Hernandez who confiscated the same. A Contract for Legal Services was entered into by Aoyagi and Atty. Acejas III. Aoyagi paid Atty. Acejas P40,000.00, P25,000 of which is 50% of the acceptance fee, and the P15,000.00 is for filing/docket fee. Hernandez, in the presence of Atty. Acejas, proposed that Aoyagi pay the amount of P1 million in exchange for the help he
A: The privilege continues to exist even after the termination of the attorney- client relationship.
Note: The privilege character of the communication ceases only when waived by the client himself or after his death, by his heir or legal representative. (Lapena, Jr. 2009)
Q: When is communication not privileged? A: A communication made by a client to a lawyer is not privileged: 1. After pleading has been filed.
Note: Pleading ceases to be privileged communication becomes part of public records.
2.
When communication was intended by the client to be sent to a third person through his counsel.
Note: It loses its confidential character as soon as it reaches the hands of a third person.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: What are the three tests to determine the existence of conflicting interests? A: 1. Conflicting Duties - When, on behalf of one client, it is the attorneys duty to contest for that which his duty to another client requires him to oppose or when possibility of such situation will develop. Invitation of Suspicion - Whether the acceptance of the new relation will prevent a lawyer from the full discharge of his duty of undivided fidelity and loyalty to his client or will invite suspicion of unfaithfulness or double-dealing in the performance thereof. Use of Prior Knowledge Obtained Whether a lawyer will be called upon in his new relation to use against the first client any knowledge acquired in the previous employment.
4.
2.
5.
When there is consent or waiver of the client. When the law requires disclosure. When disclosure is made to protect the lawyers rights
Note: to collect his fees or defend himself, his employees or associates or by judicial action (Rule 21.01, CPR)
6. 7.
3.
Note: Even if the communication is unprivileged, the rule of ethics prohibits lawyers from voluntarily revealing or using to his benefit or to that of a third person, to the disadvantage of the client, the said communication unless the client consents thereto. .(Sec. 3, Rule 138-A, RRC)
c. Conflict of Interest (1991, 1992, 1993, 1994, 1997, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2008 Bar Questions) Rule 15.01, Canon 15, CPR - 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. Q: What is conflict search? A: It is examining the causes of action between the prospective client and the lawyers current clients. Q: What is the purpose of conflict search? A: By conducting a conflict search, the lawyer will be able to determine, in the first instance, if he is barred from accepting the representation through conflicts with his present clients or the lawyers own interest. (CPR Annotated, PhilJA)
Concurrent or multiple representations Generally occurs when a lawyer represents clients whose objectives are adverse to each other, no matter how slight or remote such adverse interest may be. The tests for concurrent representations are: a. or multiple
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; Whether the acceptance of a new relation would prevent the full discharge of the lawyers duty of undivided fidelity or loyalty to the client; Whether the acceptance of new relation would invite suspicion of unfaithfulness or double-dealing in the performance of the lawyers duty of undivided fidelity and loyalty; and Whether, in the acceptance of a new relation, the lawyer would be called upon to use against a client confidential information acquired through their connection.
b.
c.
d.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Note: What is material in determining whether there is a conflict of interest in the representation is probability, not certainty of conflict.
Illustration: Existence of conflict of Interest 1. A v. B A and B are present clients C v. D; E v. D C is the present client and D is not a present client in the same case but is a present client in another case F v. G; H v. G F is the present client and G was a former client and the cases are related I v. J; K v. J I is the present client and J was a former client in a case that is unrelated. L, M, N v. O, P, Q L, M, N are present clients but L and M joins O, P, Q (People v. Davis)
2.
3.
4.
5.
Q: What are the other instances of conflict of interests? A: 1. 2. A corporate lawyer cannot join a labor union of employees in that corporation; A lawyer of an insurance corporation who investigated an accident cannot represent the complainant/injured person; As a receiver of a corporation, he cannot represent the creditor; As a representative of the obligor, he cannot represent the obligee; and As a lawyer representing a party in a compromise agreement, he cannot, subsequently, be a lawyer representing another client who seeks to nullify the agreement.
3. 4. 5.
Q: Petitioner and his father went to the residence of private respondent to seek his advice regarding the problem of the alleged indebtedness of petitioner's brother to Caesar's Palace, a well-known gambling casino at Las Vegas, Nevada, U.S.A. Private respondent assured petitioner and his father that he would inquire into the matter, after which his services
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: What are the instances when a lawyer may not represent conflicting interests despite consent of both parties concerned? A: Where the conflict is: 1. 2. Between the attorneys interest and that of a client; or Between a private clients interests and that of the government or any of its instrumentalities.
Q: What are the effects of representing adverse interests? A: DJ-FAC 1. Disqualification as counsel of new client on petition of former client; 2. Where such is unknown to, and becomes prejudicial to the interests of the new client, a Judgment against such may, on that ground, be set aside; 3. The attorneys right to Fees may be defeated if found to be related to such conflict and such was objected to by the former client, or if there was a concealment and prejudice by reason of the attorneys previous professional relationship with the opposite party;
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: Huey Company and Dewey Corporation are both retainer clients of Atty. Anama. He is the corporate secretary of Huey Company. He represents Dewey Corporation in three pending litigation cases. Dewey Corporation wants to file a civil case against Huey Company and has requested Atty. Anama to handle the case. What are the options available to Atty. Anama? Explain your answer. A: 1. To decline to accept the case because to do so will constitute representing conflicting interests. It is unethical for a lawyer to represent a client in a case against another client in the same case. To accept to file the case against Huey Company, after full disclosure to both retained clients and upon their express and written consent. The written consent may free him from the charge of representing conflicting interests, because written consent amounts to a release by the clients of the lawyers obligation not to represent conflicting interests.
2.
Q: If you were Atty. Anama, which option would you take? Explain. A: If I were Atty. Anama, I will choose the first option and inhibit myself in the case as both entities are my clients. The conflict of interests between the contending clients may reach such a point that, notwithstanding their consent to the common representation, the lawyer may be suspected of disloyalty by one client. His continuing to act in a double capacity strikes deeply in the foundation of the attorney-client relationship. Q: Atty. Sagucio was the former Personnel Manager and Retained Counsel of Taggat Industries Inc. until his appointment as Assistant Provincial Prosecutor of Tuguegarao. Taggat Industries was sequestered by the PCGG and thus ceased its operations. As Assistant Provincial Prosecutor, he assigned to conduct the preliminary investigation over a criminal case filed against Taggat Industries. He recommended the filing of 651 informations for violation of the Labor Code. He was charged for violating Rule 15.03 of the Code of Professional
Rule 15.04, Canon 15, CPR A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes.
Note: Where the lawyer performs the function of mediator, conciliator, or arbitrator in disputes where the lawyer labors under a conflict of interest, he remains subject to the requirement of a prior written informed consent from all parties concerned. The requirement subsists even if the adverse interest is very slight, and notwithstanding the lawyers honest intention and motive. (CPR Annotated, PhilJA)
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Rule 15.05 of the Code of Professional Responsibility requires that lawyers give their candid and best opinion to their clients on the merit or lack of merit of the case, neither overstating nor understating their evaluation thereof. Knowing whether a case would have some prospect of success is not only a function, but also an obligation on the part of lawyers. If they find that their client's cause is defenseless, then it is their bounden duty to advise the latter to acquiesce and submit, rather than to traverse the incontrovertible. (Rollon v. Naraval, A.C. No. 6424, Mar. 4, 2005)
Note: As officers of the court, counsels are under the obligation to advise their client against making untenable and inconsistent claims. Lawyers are not merely hired employees who must unquestionably do the bidding of the client, however unreasonably this may be when tested by their own expert appreciation of the facts and applicable law and jurisprudence. COUNSEL MUST COUNSEL. (G.R. No. 91298, June 22, 1990).
Q: Consorcia Rollon went to the office of Atty. Camilo Naraval to seek his assistance in a case filed against her by Rosita Julaton for Collection of Sum of Money with Prayer for Attachment. After going over the documents she brought with her, Atty. Naraval agreed to be her lawyer and she was required to pay P8,000.00 for the filing and partial service fee. Atty. Naraval did not inform her that the said civil suit has been decided against her and which judgment has long become final and executory. Atty. Naraval was not able to act on the case. Because of this, Rollon wanted to withdraw the amount she has paid and to retrieve the documents pertaining to said case. Unfortunately, despite several follow-ups, Atty. Naraval always said that he cannot return the documents because they were in their house, and that he could not give her back the P8,000.00 because he has no money. Did Atty. Naraval fail to fulfill his undertakings? A: Yes. Despite his full knowledge of the finality based on the documents furnished to him, Atty. Naraval withheld such vital information and did not properly appraise Rollon. He should have given her a candid and honest opinion on the merits and the status of the case. But he withheld such vital information. He did not inform her about the finality of the adverse judgment. Instead, he demanded P8,000 as filing and service fee and thereby gave her hope that her case would be acted upon.
Q: A Criminal Case was for Perjury and initiated by the complainant's wife, Leni. This complaint arose from the alleged untruthful statements or falsehoods in the complainant's Petition for Naturalization. In due course, an information was filed in MCTC charging the complainant herein with perjury allegedly committed. it was alleged that the accused knew that his wife and children were not residing at the said address stated in his petition, having left 5 years earlier. The accused was also alleged to be carrying out an immoral and illicit relationship. After trial, the Judge Tiongson rendered judgment and found the complainant herein guilty beyond reasonable doubt of the crime of perjury. Thus, Judge Chiongson was charged with grave misconduct, gross bias and partiality and having knowingly rendered an unjust judgment in said criminal case. Complainant alleged that the said judge failed to divulge the next-door-neighbor relationship between him and the family of Leni and to disqualify himself from sitting in the said case. Is respondent judge guilty for not disqualifying himself from the said case? A: No. As to the respondent Judge's being a nextdoor neighbor of the complainant's wife the complainant in the perjury case it must be stressed that that alone is not a ground for either a mandatory disqualification under the first paragraph or for a voluntary disqualification
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
public office to enhance a lawyer's prestige. Public confidence in law and lawyers may be eroded by such reprehensible and improper conduct. (Paas v. Almarvez, A.M. No. P-03-1690, Apr. 4, 2003) Rule 15.07, Canon 15, CPR. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness. Q: Nicanor Gonzales and Salud Pantanosas were informed by the Register of Deeds that their owner's duplicate of title covering their lands were entrusted to the office secretary of Atty. Miguel Sabacajan, who in turn entrusted the same to said attorney. The latter admitted that the titles are in his custody and has even shown the same to the two. When demanded to make delivery of said titles, he refused saying that he was holding the certificates of title in behalf of his client, Samto Uy, one of his clients who apparently has monetary claims against Nicanor and Salud. He even challenged the complainants to file any case in any court even in the Honorable Supreme Court. Did Atty. Sabacajan defy legal and moral obligations emanating from his professional capacity as a lawyer? A: Yes. As a lawyer, he should know that there are lawful remedies provided by law to protect the interests of his client. Atty. Sabacajan has not exercised the good faith and diligence required of lawyers in handling the legal affairs of their clients. If Nicanor and Salud did have the alleged monetary obligations to his client, that does not warrant his summarily confiscating their certificates of title since there is no showing in the records that the same were given as collaterals to secure the payment of a debt. Neither is there any intimation that there is a court order authorizing him to take and retain custody of said certificates of title. Apparently, Atty. Sabacajan has disregarded Canon 15, Rule 15.07 of the Code of Professional Responsibility which provides that a lawyer shall impress upon his client the need for compliance with the laws and principles of fairness. Instead, he unjustly refused to give to Gonzales and Pantanosas their certificates of titles supposedly to enforce payment of their alleged financial obligations to his client and presumably to impress the latter of his power to do so. (Gonzales v. Sabacajan, A.C. No. 4380, Oct. 13, 1995)
Q: In a case for inhibition filed against Judge Paas, it was found that her husband, Atty. Renerio Paas, was using his wife's office as his office address in his law practice. Judge Paas admitted that Atty. Paas did use her office as his return address for notices and orders in 2 criminal cases, lodged at the Pasay City RTC, but only to ensure and facilitate delivery of those notices, but after the cases were terminated, all notices were sent to his office address in Escolta. Was Atty. Paas act of using his wifes office as his office address unprofessional and dishonorable? A: Yes. By allowing Atty. Paas to use the address of her court in pleadings before other courts, Judge Paas had indeed allowed her husband to ride on her prestige for the purpose of advancing his private interest. Atty. Paas is guilty of simple misconduct because of using a fraudulent, misleading, and deceptive address that had no purpose other than to try to impress either the court in which his cases are lodged, or his client, that he has close ties to a member of the judiciary, in violation of the Code of Professional Responsibility. The need for relying on the merits of a lawyer's case, instead of banking on his relationship with a member of the bench which tends to influence or gives the appearance of influencing the court, cannot be overemphasized. It is unprofessional and dishonorable, to say the least, to misuse a
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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3. CLIENTS MONEYS AND PROPERTIES CANON 16, CPR - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION. (2008 Bar Question)
Note: Money collected by the lawyer on a judgment favorable to his client constitute trust funds and should be immediately paid over to the client. While Section 37, Rule 138 of the Rules of Court grants the lawyer a lien upon the funds, documents and papers of his client, which have lawfully come into his possession, such that he may retain the same until his lawful fees and disbursements have been paid, and apply such funds to the satisfaction thereof, the lawyer still has the responsibility to promptly account to his client for such moneys received. Failure to do so constitutes professional misconduct. The lawyers failure to turn over such funds, moneys, or properties to the client despite the latters demands give rise to the presumption that the lawyer had converted the money for his personal use and benefit. This failure also renders the lawyer vulnerable to judicial contempt under Section 25, Rule 138 of the Rules of Court. (CPR Annotated, PhilJA)
Q: Luis de Guzman as defendant in a civil case, obtained an adverse judgment. His counsel was Atty. Emmanuel Basa. He wants to challenge the decision through a petition for certiorari. It was agreed that Luis will pay P15,000 for said legal service. Atty. Basa collected a down payment of P5,000. However, no such petition was filed. He did not seasonably file with the CA the required appellants brief resulting in the dismissal of the appeal. Despite several extensions to file the appellants brief, Atty. Basa failed to do so. Instead, he filed two more motions for extension. When he filed the appellants brief, it was late, being beyond the last extension granted by the appellate court. Was Atty. Emmanuel Basa negligent in the performance of his professional duty to Luis de Guzman? A: Yes, he is guilty of gross misconduct. Where a
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
3. 4.
5. 6.
7.
8.
Where the attorney at the time of the purchase was not the counsel in the case; Where the purchaser of the property in litigation was a corporation even though the attorney was an officer thereof; Where the sale took place after the termination of the litigation; A lawyer may accept an assignment from his client of a money judgment rendered in the latters favor in a case in which he was not counsel, in payment of his professional services performed in another case; In a contract for attorneys fees contingent upon the outcome of the litigation (contingent fee arrangement); and When any of the four elements of Art. 1491 is missing.
Q: what are the effects of violation of such provision? A: 1. 2. Malpractice on the part of the lawyer and may be disciplined for misconduct; Transaction is null and void.
a. Fiduciary Relationship
Rule 16.01, Canon 16,CPR - A lawyer shall account for all money or property collected or received for or from the client.
Note: A lawyer must be scrupulously careful in handling money entrusted to him in his professional capacity, because of the high degree of fidelity and good faitn expected on his part. (Medina v. Bautista, A.C. No. 190, September 1964)
Q: What are the elements of prohibition against the purchase of property in litigation under Art. 1491 of the NCC? A: 1. 2. 3. 4. There is an attorney-client relationship The property is in litigation The attorney is the counsel of record in the case; and The attorney, by himself or through an agent, purchases such property during the pendency of said case.
Q: What is the nature of attorney-client relationship? A: An attorney-client privilege is highly fiduciary as it is founded on trust and confidence where the lawyer acts as the trustee and the client acting as trustor in regard to the matter subject of the professional engagement.( Antiquiera, 2007) Q: X sought assistance to the president of the IBP to enable him to talk to Atty. U who had allegedly been avoiding him for more than a year. Atty. U failed to turnover to his client the amount given to him by X as settlement for a civil case. Is Atty. U guilty for violating Canon 16 of the Code of Professional Responsibility?
Q: What are the instances where the rule under Article 1491 of NCC is inapplicable? A: 1. 2. Where the property purchased by the lawyer was not involved in the litigation; Where the sale took place before it became involved in the suit;
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: What are the effects of lawyers failure to return clients money or property after demand? A: 1. 2. 3. 4. There will be a presumption that the lawyer misappropriated the same; It will give rise to civil liability of the lawyer; Criminal liability; and Administrative liability.
Q: When is a lawyer not liable for libelous words in the pleadings? A: A lawyer is exempted from liability for slander, libel or for words otherwise defamatory, published in the course of judicial proceedings, provided the statements are connected with, relevant, pertinent and material to the cause in hand or subject of inquiry.
Note: Test of relevancy The matter to which the privilege does not extend must be palpably wanting in relation to the subject of controversy, that no reasonable man can doubt its relevancy or propriety. Pleadings should contain plain and concise statements of material facts and if pleader goes beyond requisites of law and alleges irrelevant matter, which is libelous, he loses his privilege and may be liable in a separate suit.
Q: When will criminal liability exist? A: A lawyer may be held criminally liable if he commits any of the following: 1. Causing prejudice to the client thru malicious breach of professional duty or thru inexcusable negligence or ignorance; Revealing clients secrets learned in lawyers professional capacity thru malicious breach of professional duty or inexcusable negligence or ignorance; A lawyer who has undertaken the defense of a client or has received confidential information from said client in a case may be criminally liable for undertaking defense of opposing party in same cause without consent of first client; (Art. 209, RPC)
2.
3.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
5.
Note: When a lawyer collects or receives money from his client for a particular purpose, he should promptly account to the client how the money was spent. His failure either to render an accounting or to return the money (if the intended purpose of the money does not materialize) constitutes a blatant disregard of Rule 16.01 of the CPR.(Belleza v. Malaca, A.C. No. 7815, July 23, 2009) Note: If a lawyer does not use the money for the intended purpose, the lawyer must immediately return the money to the client. (Villanueva v. Gonzales, A.C. No. 7657, February 12, 2008)
b. Co-Mingling of Funds Rule 16.02, Canon 16, CPR - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.
Note: Failure of the lawyer to account all the funds and property of his client which may come into his possession would amount to misappropriation which may subject him to disbarment on the ground of grave misconduct or a criminal prosecurion for estafa under Art. 315, par. 1(b) of the RPC.
Q: BPI filed two complaints for replevin and damages against Esphar Medical Center Inc. and its president Cesar Espiritu. Espiritu engaged the services of Atty. Juan Cabredo IV. While these cases were pending in court, the latter advised Esphar to remit money and update payments to the bank through the trial court. Accordingly, Esphar's representative delivered a total of P51,161 to Atty. Cabredo's office. However, the management of Esphar found out that he did not deliver said money to the court or to the bank. Did Atty. Cabredo commit a breach of trust? A: Yes. His act amounted to deceit in violation of his oath. The relationship between a lawyer and a client is highly fiduciary; it requires a high degree of fidelity and good faith. Hence, in dealing with trust property, a lawyer should be very scrupulous. Money or other trust property of the client coming into the possession of the lawyer
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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the Canons of Professional Ethics, in force at the time material to this case, provides that the lawyer should refrain from any action whereby for his personal benefit or gain he abuses or takes advantage of the confidence reposed in him by his client. Money of the client or collected for the client or other trust property coming into the possession of the lawyer should be reported and accounted for promptly and should not under any circumstances be commingled with his own or be used by him. In this case, Meneses should have made an accounting with his client of the amount he received, deducted the balance of the attorneys fees due him, and turned over the rest of the amount to his client. As the Solicitor General observed, if Meneses was mindful of his ethics, he should at least have waited until the judgment debtor in Civil Case No. 82 had made further payments on the amount adjudged against them... By placing his personal interest above his clients cause, respondent clearly breached the trust reposed upon him. (Marquez v. Meneses, Adm. Case No. 675, December 17, 1999) Q: Fernandez engaged the services of Atty. Cabrera II to handle the cases of her associates in Baguio City. After taking hold of the records of the cases that Fernandez entrusted to him and after getting initially paid for the services he would render, Atty. Cabrera II suddenly disappeared and could no longer be located in his given address or in the addresses that Fernandez gathered. Did Atty. Cabrera II violate the Code of Professional Responsibility when he accepted the records and money of the complainant and thereafter failed to render his services? A: Yes. Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the client's cause. The canons of professional responsibility require that once an attorney agrees to handle a case, he should undertake the task with zeal, care, and utmost devotion. Atty. Cabrera's action projects his appalling indifference to his client's cause and a brazen disregard of his duties as a lawyer. Not only did he fail to render service of any kind, he also absconded with the records of the cases with which he was entrusted. Then to top it all, he kept the money complainant paid to him. Such conduct is unbecoming of a member of the bar, for a lawyer's professional and personal conduct
Q. Marquez retained the professional service of Meneses to prosecute a claim against Ruth Igdanes and Delfin Igdanes. The oral agreement was that Marquez would pay a fee of P100.00 to Meneses, whether the case was won or lost. Thereafter, Marquez advanced from time to time to Meneses various sums as fees, which totalled P75.00. When decision was rendered by the court in favor of the Marquez, Igdanes was ordered to pay Marquez the claimed amount with legal interest from the filing of the complaint until fully paid, and P75.00 as attorneys fees. Marquezs brother informed her that the sheriff informed him that Meneses respondent had gotten all of the P75.00 as his fees. Marquez wrote to Meneses twice asking him to send her P50.00 and to keep P25.00 for himself, but Meneses refused to give her the P50.00 she was asking and contended that that was their agreement. Marquezs contention, in brief, is that she had been overcharged by Meneses for as the agreed fee was P100.00, win or lose, and she had already paid P75.00 to Meneses, the latter simply had the right, at most, to keep P25.00 out of the P75.00 he had gotten from the sheriff. Should Atty. Meneses be held liable for not giving the money to his client? A: Yes. It is well-settled that money collected by a lawyer in pursuance of a judgment in favor of his client is money held in trust and must be immediately turned over to the latter.Canon 11 of
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
and 1 million in check and out of the 2 million, Atty. Lozada took 1 million as her commission without Frias consent. When Dra. San Diego backed out from the sale, Frias tried to recover from Atty. Lozada the title to the property and other documents but Atty. Lozada started avoiding her. Dra. San Diego filed a case against Frias to return the 3 million she paid plus interest. Frias claimed that her failure to return the money was because of Atty. Lozadas refusal to give back the 1 million she took as commission. A case was filed by Frias against Atty. Lozada but despite the favourable decision, respondent refused to return the money. Atty. Lozada claimed that since she did not have enough money, Frias requested her to sell or mortgage the property and offered her a loan, commission and attorneys fees on the basis of the selling price. He denied that Frias previously demanded the return of 1million until the civil case against her was instituted in which she expressed her willingness to pay the 900,000 plus agreed interest. Did Atty. Lozada committed a violation of the Code of Professional Responsibility in asking for a loan from her client? A: Yes. Her act of borrowing money from a client was a violation of Canon 16.04 of the Code of Professional Responsibility. A lawyers act of asking a client for a loan, as what respondent did, is very unethical. It comes within those acts considered as abuse of clients confidence. The canon presumes that the client is disadvantaged by the lawyers ability to use all the legal manoeuverings to renege on her obligation. (Frias v. Lozada, A.C. NO. 6656, December 13,2005)
Note: The principle behind Rule 16.04 is to prevent the lawyer from taking advantage of his influence over the client or to avoid acquiring a financial interest in the outcome of the case. Not prohibited: advances for necessary expenses.
Q: Is a lawyer allowed to lend money from his client? A: GR: No. XPN: when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.
Note: Prohibition from lending is intended to assure the lawyers independent professional judgment, for if the lawyer acquires a financial interest in the outcome of the case the free exercise of his judgment may be adversely affected. (Agpalo, 2004; Comment of IBP Committee that drafted the Code, p.90)
4. FIDELITY TO CLIENTS CAUSE CANON 17, CPR - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. (2007, 2008 Bar Questions)
Q: Atty Lozada was the retained counsel and legal adviser of Frias to which all documents and titles of properties of the latter were entrusted to. Atty Lozada persuaded Frias to sell her house, the former acting as broker since she was in need of money. Dra. San Diego, the prospective buyer then handed 2 million in cash
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: When does the lawyers duty of fidelity to his clients cause commence? A: Lawyers duty of fidelity commences from receipt of his retainer until his effective release from the case or the final disposition of the whole subject matter of the litigation. During that period, he is expected to take such reasonable steps and such ordinary care as his clients interest may require. (CPR Annotated, PhilJA)
Note: Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the clients cause. Every case accepted by a lawyer deserves full attention, diligence, skill and competence, regardless of importance. (Rollon v. Atty. Naraval, A.C. No. 6424, Mar. 4, 2005)
not extend to those made in contemplation of a crime or perpetration of a fraud. If the unlawful purpose is avowed, as in this case, the complainant's alleged intention to bribe government officials in relation to his case, the communication is not covered by the privilege as the client does not consult the lawyer professionally. It is not within the profession of a lawyer to advise a client as to how he may commit a crime as a lawyer is not a gun for hire. Thus, the attorney-client privilege does not attach, there being no professional employment in the strict sense. (Genato v. Atty. Silapan, A.C. No. 4078, July 14, 2003) Q: Schulz, a German national filed a complaint for disbarment against Atty. Flores. He alleged that he engaged the services of Atty. Flores for the purpose of filing a complaint against Ong for revocation of contract and damages. Atty. Flores advised him that there was no need to refer the complaint to barangay conciliation. Three months later, Atty. Flores instructed him to file his complaint with the Lupon Tagapamayapa. Ong refused to appear at the conciliation hearings, arguing that the Lupon had no jurisdiction over his person because he was a resident of another barangay. Thus, Schulz brought the complaint before the barangay in which Ong is a resident. By that time, however, Schulz learned that Ong had already filed a case for specific performance against him. Schulz argued that Atty. Flores inordinate delay in acting on his case resulted in his being defendant rather than a complainant against Ong. Is the actuation of Atty. Flores in causing the delay of bringing the dispute under the system of barangay conciliation reprehensible as to warrant the suspension of Atty. Flores? A: Yes. Atty. Flores committed a serious transgression when he failed to exert his utmost learning and ability to give entire devotion to his client's cause. His client had relied upon him to file the complaint with dispatch so that he would not be pre-empted by the adverse party. But he failed him. As a consequence of Att. Flores' indolence, his client was haled to court as a partydefendant. It therefore behoves this Court to wield its corrective hand on this inexcusable infraction which caused undeserved and needless prejudice to his client's interest, adversely affected the confidence of the community in the legal profession and eroded the public's trust in the judicial system. As an attorney, Atty. Flores is sworn to do his level best and to observe full fidelity to the court and his clients. (Schulz v. Atty. Flores, A.C. No. 4219, Dec. 8, 2003)
Q: What are the exceptions to the general rule that the obligation to keep secrets covers only lawful purposes? A: 1. 2. 3. 4. Announcements of a clients intention to commit a crime; When the client jumped bail and the lawyer knows his whereabouts; When the client is living somewhere under an assumed name; and The communication involves the commission of future fraud or crime.
Q: Genato filed a disbarment case against Atty. Silapan for allegedly breaking their confidential lawyer-client relationship by disclosing confidential information against him. In his answer, Atty. Silapan contended that he used the confidential statements in the course of judicial proceedings in order to defend his case and to discredit Genatos credibility by establishing his criminal propensity to commit fraud, tell lies and violate the laws. Is Atty. Silapan guilty of breach of trust and confidence by imputing to Genato illegal practices and disclosing Genatos alleged intention to bribe government officials in connection with a pending case? A: No. It must be stressed that the privilege against disclosure of confidential communications or information is limited only to communications which are legitimately and properly within the scope of a lawful employment of a lawyer. It does
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: In a criminal case for rape with homicide, the accused pleaded guilty. However, the three PAO lawyers assigned as counsel de oficio did not advise their client of the consequences of pleading guilty; one PAO lawyer left the courtroom during trial and thus was not able to cross-examine the prosecution witnesses. The other postponed the presentation of evidence for the defense, and when he appeared, he said he would rely solely on the plea of guilty, in the belief that it would lower the penalty to reclusion perpetua. Should the three PAO lawyers be disciplined? A: Yes. All three (3) of them displayed manifest disinterest on the plight of their client. They lacked vigor and dedication to their work. Canon 18 of the Code of Professional Responsibility requires every lawyer to serve his client with utmost dedication, competence and diligence. He must not neglect a legal matter entrusted to him, and his negligence in this regard renders him administratively liable. Obviously, in the instant case, the defense lawyers did not protect, much less uphold, the fundamental rights of the accused. Instead, they haphazardly performed their function as counsel de oficio to the detriment and prejudice of the accused Sevilleno, however guilty he might have been found to be after trial. (People v. Sevilleno, G.R. No. 129058, Mar. 29, 1999) a. Collaborating Counsel Rule 18.01, Canon 18, CPR 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.
Note: The lawyers acceptance is an implied representation that he possesses the academic learning, skill and ability to handle the case.
Q: Who is a Collaborating Counsel? A: Is one who is subsequently engaged to assist a lawyer already handling a particular case for a client. (Pineda, 2009)
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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b. Negligence Rule 18.03, Canon 18, CPR - A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable. (1998, 2002 Bar Questions) Q: What degree of diligence or vigilance is expected from a lawyer? A: The legal profession demands of a lawyer that degree of vigilance and attention of a good father of a family (Lapena, 2009) or ordinary pater familias (Pineda, 2009). He is not required to exercise extraordinary diligence. (Edquibal v. Ferrer, Jr., A.C. No. 5687, February 03, 2005)
Note: The attorneys duty to safeguard the clients interests commences from his retainer until his effective release from the case or the final disposition of the whole subject matter of the litigation. During the period, he is expected to take such reasonable steps and such ordinary care as his clients interests may require. A lawyer who received money to handle a clients case but rendered no service at all shall be subject to disciplinary measure. (Dalisay v. Atty. Mauricio, A.C. No. 5655, April 2005)
Q: As an incident in the main case, Velasquez appointed his counsel as attorney-in-fact to represent him at the pre-trial. Counsel failed to appear, hence Velasquez was declared in default. The order of default was received by counsel but no steps were taken to have it lifted or set aside. Decide. A: It is binding on Velasquez who is himself guilty of negligence when, after executing the special power of attorney in favor of his lawyer, he left for abroad and apparently paid no further attention to his case until he received the decision. There is therefore no fraud, accident, mistake or excusable negligence which will warrant a lifting of the order of default. As a general rule, a client is bound by the mistakes of his counsel; more so by the result of his own negligence. (Velasquez v. CA, G.R. No. 124049, June 30, 1999) Rule 18.02, Canon 18, CPR - A lawyer shall not handle any legal matter without adequate preparation.
Note: A lawyer should prepare his pleadings with great care and circumspection. He should refrain from using abrasive and offensive language, for it merely weakens rather than strengthens the force of legal reasoning and detracts from its persuasiveness. In preparing a complaint for damages, counsel for plaintiff should allege and state the specific amounts claimed not only in the body of the complaint but also in the prayer, so that the proper docket fees can be assessed and paid. (Fernandez v. Atty. Novero, A.C. No. 5394, Dec. 2, 2002) Note: The counsel must constantly keep in mind that his action or omissions, even malfeasance and nonfeasance would be binding to his client. Verily, a lawyer owes to the client the exercise of utmost prudence and responsibility in representation (Fernandez v. Atty. Novero, A.C. No. 5394, December 2002).
Q: When can it be said that a lawyer has been negligent? A: What amounts to carelessness or negligence in a lawyers discharge of his duty to client is incapable of exact formulation. It will depend upon the circumstances of the case.
Note: Failure to appeal to CA despite instructions by the client to do so constitutes inexcusable negligence on the part of the counsel. (Abiero v. Juanino, A.C. No. 5302, Feb.18, 2005) Note: Even if a lawyer was "honestly and sincerely" protecting the interests of his client, the former still had no right to waive the appeal without the latter's
c. Duty to Appraise the Client Rule 18.04, Canon 18, CPR - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the clients request for information.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: Spouses Garcia engaged the services of Atty. Rolando Bala to appeal to the CA the adverse Decision of the Department of Agrarian Relations Adjudication Board (DARAB). Instead, he erroneously filed a Notice of Appeal. During one instance when the spouses had called on him to ask for a copy of the supposed appeal, Atty. Bala uttered unsavory words against them. Because of his error, the prescribed period for filing the petition lapsed, to the prejudice of his clients. Did Atty. Bala violate any ethical rules? A: Yes. Rule 18.04 states that 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." Accordingly, spouses had the right to be updated on the developments and status of the case for which they had engaged the services of Atty. Bala. But he apparently denied them that right. Having become aware of the wrong remedy he had erroneously taken, he purposely evaded his clients, refused to update them on the appeal, and misled them as to his whereabouts. Moreover, he uttered invectives at them when they visited him for an update on the case. (Spouses Garcia v. Bala, A.C. No. 5039, Nov. 25, 2005)
Note: The lawyer is obliged to respond within a reasonable time to a client's request for information. A client is entitled to the fullest disclosure of the mode or manner by which that client's interest is defended or why certain steps are taken or omitted. A lawyer who repeatedly fails to answer the inquiries or communications of a client violates the rules of professional courtesy and neglects the client's interests. (Villariasa-Reisenbeck v. Abarrientos, A.C. No. 6238, Nov. 4, 2004)
Q: Are the mistakes or negligence of a lawyer binding upon the client? A: GR: Client is bound by attorneys conduct, negligence and mistake in handling a case or in management of litigation and in procedural technique, and he cannot complain that the result might have been different had his lawyer proceeded differently. XPN: LIPIG 1. Lack of acquaintance with technical aspect of procedure; 2. When adherence thereto results in outright deprivation of clients liberty or property or where Interest of justice so requires; 3. Where error by counsel is Purely technical which does not substantially affect clients cause; 4. Ignorance, incompetence, or inexperience of lawyer is so great and error so serious that client, who has a good cause, is prejudiced and denied a day in court; 5. Gross negligence of lawyer. (1998, 2000, 2002 Bar Questions)
Note: If by reason of the lawyers negligence, actual loss has been caused to his client, the latter has a cause of action against him for damages. However, for the lawyer to be held liable, his failure to exercise reasonable care, skill and diligence must be proximate cause of the loss.
Q: What are the exceptions to the rule that notice to counsel is notice to client? A: 1. 2. 3. 4. Strict application might foster dangerous collusion to the detriment of justice; Service of notice upon party instead of upon his attorney is ordered by the court; Notice of pre-trial is required to be served upon parties and their respective lawyers; In appeal from the lower court to the RTC, upon docketing of appeal.
Q: Explain the doctrine of imputed knowledge. A: The knowledge acquired by an attorney during the time that hes acting within the scope of his authority is imputed to the client. It is based on the assumption that an attorney, who has notice of matter affecting his client, has communicated
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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2.
3. 4.
Will possess the requisite degree of Academic learning, skill and ability in the practice of his profession; Will take steps as will adequately Safeguard his clients interests; and Will Exert his best judgment in the prosecution or defense of the litigation entrusted to him. (Islas v. Platon, G.R. No. L-23183, Dec. 29, 1924)
Q: Is a lawyer required to show his authority to appear for or represent a client? A: No. An attorney is presumed to be properly authorized to represent any cause in which he appears in all stages of the litigation and no written authority is required to authorize him to appear. A mere denial by a party that he has authorized an attorney to appear for him, in the absence of a compelling reason, is insufficient to overcome the presumption especially when the denial comes after the rendition of an adverse judgment. Q: May a practicing lawyer be required to produce or prove his authority to appear in court? A: Yes. The presiding judge may, on motion of either party and on reasonable grounds therefore being shown, require an attorney who assumes the right to appear in a case to produce or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may thereupon make such order as justice requires. (Sec. 21, Rule 138, RRC) Q: What are the effects of an unauthorized appearance? A: 1. The party represented is not bound by attorneys appearance in the case neither by the judgment rendered therein; Court does not acquire jurisdiction over the person of the party represented; The adverse party who has been forced to litigate as a defendant by the unauthorized action on the part of the attorney for the plaintiff may, on that ground, move for the dismissal of the complaint; and If unauthorized appearance is willful, attorney may be cited for contempt as an officer of the court who has misbehaved in his official transactions, and he may be disciplined for professional misconduct.
6. REPRESENTATION WITH SEAL WITHIN LEGAL BOUNDS CANON 19, CPR - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW. (1994, 1997, 2001, 2003 Bar Questions) Q: What does a lawyer represent to a client when he accepts a professional employment of his services? A: When a lawyer accepts a case, whether for a fee or not, his acceptance is an implied representation that he: CASE 1. Will exercise reasonable and ordinary Care and diligence in the pursuit or defense of the case;
2. 3.
4.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: What is a compromise? A: It is a contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already commenced. (Art. 2028, NCC) Q: State the rule with respect to the authority of an attorney to compromise his clients case. A: GR: The attorney has no authority to compromise his clients case. This is so because the client, even if represented by counsel, retains exclusive control over the subject matter of the litigation. The client can, of course, authorize his lawyer to compromise his case, and the settlement made by the lawyer will bind his client. XPN: When the lawyer is confronted with an emergency where prompt and urgent action is necessary to protect the interest of his client and there is no opportunity for consultation with the latter. a. Duty to Restrain Client from Impropriety Rule 19.01, Canon 9, CPR 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, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. (1997 Bar Question)
Note: Under this rule, a lawyer should not file or threaten to file any unfounded or baseless criminal case or cases against the adversaries of his client
2.
Q: What are the requisites of implied ratification by silence? A: 1. The party represented by the attorney is of age or competent or if he suffers from any disability, he has a duly appointed guardian or legal representative; The party or his guardian, as the case may be, is aware of the attorneys representation; and He fails to promptly repudiate assumed authority.
2.
3.
Q: What is the extent of a lawyers authority in the conduct of litigation? A: A lawyer has authority to bind the client in all matters of ordinary judicial procedure. The cause of action, the claim or demand sued upon and the subject matter of the litigation are within the exclusive control of the client. A client may waive, surrender, dismiss, or compromise any of his rights involved in litigation in favor of the other party even without or against the consent of his attorney. Q: Who has control over the proceedings?
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Rule 19.02, Canon 19, CPR 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 Rules of Court. (2001 Bar Question) The lawyers duty to his client does not mean freedom to set up false or fraudulent claims especially with respect to provisions of law or administrative rules and that while lawyers are bound to exert utmost legal skill in prosecuting their clients cause or defending it, their duty, first and foremost, is to the administration of justice. (CPR Annotated, PhilJA)
Note: It is an unethical tactic for a lawyer to offer monetary rewards to anyone who could give him information against a party so that he could have leverage against all actions involving such party. (CPR Annotated, PhilJA) Note: A lawyer should use his best efforts to restrain and to prevent his client from doing those things which he himself ought not to do, particularly with reference to the conduct toward the court, judicial officer, witness and suitor and if the client persists in such wrong doing, the lawyer should terminate their relation. (Surigao Mineral Reservation Board v. Cloribel, G.R. No. L-27072, Jan. 9, 1970)
Q: Alex Ong received a demand-letter from Atty. Elpidio Unto, in the latter's capacity as legal counsel of one Nemesia Gargania. The letter is in connection with the claim of support of Nemesia Garganian against him for her son. It was further stated therein that failure to comply with the demand will result to the filing of proper action in court. The real father of Ms. Garganian's son was Alex' brother and he merely assumed his brother's obligation to appease Ms. Garganian who was threatening to sue them. Alex then did not comply with the demands against him. Consequently, Atty. Unto filed a complaint for alleged violation of the Retail Trade Nationalization Law and the Anti-Dummy Law. In addition, he commenced administrative cases against Alex before the Bureau of Domestic Trade, the Commission on Immigration and Deportation, and the Office of the Solicitor General. These cases were subsequently denied due course and dismissed. This prompted Alex to file a case for disbarment. Did Atty. Unto fall short of professional standards? A: Yes. He tried to coerce his client to comply with his letter-demand by threatening to file various charges against the latter. When Alex did not heed Atty. Untos warning, he made good his threat and filed a string of criminal and administrative cases against him. His action is malicious as the cases he instituted against the complainant did not have any bearing or connection to the cause of his client, Ms. Garganian. Clearly, Atty. Unto violated the proscription in Rule 19.01. His behavior is inexcusable. (Ong v. Unto, A.C. No. 2417, Feb. 6, 2002) b. Duty of Lawyer in Case of Knowledge of Clients Fraud
c. Authority of a Lawyer Rule 19.03, Canon 19, CPR A lawyer shall not allow his client to dictate the procedure in handling the case. The Code enjoins a lawyer to employ only fair and honest means to attain the lawful objectives of his client and warns him not to allow his client to dictate the procedure in handling the case. In short, a lawyer is not a gun for hire. (Millare v. Atty. Montero, A.C. No. 3283, July 13, 1995)
Note: The lawyer, and not the client, is assumed to have knowledge of laws and rules of procedure. The procedure in handling a case should therefore fall within the lawyers control and supervision.
Q: Is the lawyer confined entirely on the information his client gave? A: No. The lawyer cannot entirely depend on the information his client gave or the time his client
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
7. ATTORNEYS FEES (1990, 1991, 1992, 1994, 1995, 1997, 1998, 2005, 2006, 2007 Bar Question) CANON 20,CPR - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES (1997,1998,2003 Bar Question).
Q: Who are entitled to attorneys fees? A: GR: Only lawyers are entitled to attorneys fees. The same cannot be shared with a nonlawyer. It is unethical. XPN: A lawyer may divide a fee for legal services with persons not licensed to practice law: CPR 1. A lawyer undertakes to Complete the unfinished legal business of a deceased lawyer; There is a Pre-existing agreement with a partner or associate that, upon the latters death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; A lawyer or law firm includes nonlawyer employees in Retirement plan, even if the plan is based, in whole or in part, on a profit-sharing agreement. (Rule 9.02, CPR)
Q: What is appearance? A: It is the coming into court as a party either as a plaintiff or as a defendant and asking relief therefrom. Q: What are the kinds of appearance? A: 1. General appearance When a party comes to court either as plaintiff or defendant and seeks general reliefs from the court for satisfaction of his claims or counterclaims respectively. Special appearance When a defendant appears in court solely for the purpose of objecting to the jurisdiction of the court over his person.
2.
2.
3.
Note: By virtue of Sec. 20, Rule 14 of the 1997 Rules of Civil Procedure, there is no more distinction between general appearance and special appearance, in the sense that a defendant may file a motion to dismiss not only on the ground of lack of jurisdiction over his person but also on some other grounds without waiving the jurisdiction of the court over his person.
Note: Entitlement to lawyers fees is presumed. (Funa, 2009) Unless otherwise expressly stipulated, rendition of professional services by a lawyer is for a fee or compensation and is not gratuitous. (Research and Services Realty, Inc. v. CA, G.R. No. 124074, January 27,1997)
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Note: A pauper, while exempted from payment of legal fees is not exempted from payment of attorneys fees.(Cristobal v. Employees Compensation Commission, G.R. No. L-49280, February26, 1981)
f.
Q: What are the factors in determining the attorneys fees? A: In determining what is fair and reasonable, a lawyer shall be guided by the following factors: STIP-SNACCC 1. Skill demanded; 2. Time spent and the extent of the services rendered or required; 3. Importance of the subject matter; 4. Probability of losing other employment as a result of acceptance of the proffered case; 5. Professional Standing of the lawyer; 6. Novelty and difficulty of the questions involved; 7. Amount involved in the controversy and the benefits resulting to the client from the services; 8. Customary Charges for similar services and the schedule of fees of the IBP chapter to which he belongs; 9. Contingency or certainty of compensation; and 10. Character of the employment, whether occasional or established. (Rule 20.01) (1994 Bar Question)
Note: Imposition of interest in the payment of attorneys fees is not justified.(Funa, 2009) Contracts for attorneys services in this jurisdiction stands upon an entirely different footing from other contract for the payment of compensation for any other services. (Mambulao Lumber Co. v. Philippine National Bank, 130 Phil. 366) Note: A lawyer is entitled to recover litigation expenses incurred in collecting attorneys fees.(Funa, 2009)
g.
h. i.
j.
Note: Generally, the amount of attorneys fees due is that stipulated in the retainer agreement which is conclusive as to the amount of lawyers compensation (Funa, 2009) unless the stipulated amount in the written contract is found by the court to be unconscionable or unreasonable (Sec. 24, Rule 138, RRC). In the absence thereof, the amount of attorneys fees is fixed on the basis of quantum meruit. (Sesbreno v. Court of Appeals, G.R. No. 117438, June 8,1995; Funa, 2009)
Q: What are the kinds of payment which may be stipulated upon? A: 1. Fixed or absolute fee that which is payable regardless of the result of the case. a. A fixed fee payable per appearance b. A fixed fee computed upon the number of hours spent c. A fixed fee based on piece work d. Combination of any of the above Contingent fee a fee that is conditioned on the securing of a favorable judgment and recovery of money or property and the amount of which may be on a percentage basis. (1990, 2000, 2001, 2002, 2006, 2008 Bar Questions)
2.
Q: Are the courts bound by the opinions of attorneys as expert witnesses as to the proper compensation of the lawyer?
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
4. 5. 6.
Q: A client refuses to pay Atty. A his contracted attorney's fees on the ground that counsel did not wish to intervene in the process of effecting a fair settlement of the case. Decide. A: Rule 1.04 of the Code of Professional Responsibility provides that "a lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement". If a lawyer should refuse to intervene in a settlement proceeding, his entitlement to his attorney's fees may be affected. However, if he has already rendered some valuable services to the client, he must be paid his attorney's fees on the basis of quantum meruit, even if it is assumed that he is dismissed. (2001 Bar Question) Q: What are the instances when counsel cannot recover full amount despite written contract for attorneys fees? A: 1. When the services called for were not performed as when the lawyer withdrew before the case was finished, he will be allowed only reasonable fees; When there is a justified dismissal of the attorney, the contract will be nullified and payment will be on the basis of quantum meruit only. A contrary stipulation will be invalid; When the stipulated attorneys fees are unconscionable, when it is disproportionate as compared to the value of services rendered and is revolting to human conscience; When the stipulated attorneys fees are in excess of what is expressly provided by law; When the lawyer is guilty of fraud or bad faith toward his client in the matter of his employment; When the counsels services are worthless because of his negligence;
2.
3.
4.
Q: What does quantum meruit mean? 2. A: Quantum meruit means "as much as he deserves", and is used as the basis for determining the lawyer's professional fees in the absence of a contract, but recoverable by him from his client. Q: When is the measure of quantum meruit resorted to? (2007 Bar Question) A: Quantum meruit is resorted to when: 1. There is no express contract for payment of attorneys fees agreed upon between the lawyer and the client; Although there is a formal contract for attorneys fees, the stipulated fees are found unconscionable or unreasonable by the court; 4.
3.
5.
2.
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ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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2.
Q: Courts may interfere and reduce contractually agreed upon attorneys fees when the same is unconscionable or excessive. What is the rationale behind this authority? A: 1. Indubitably intertwined with the lawyers duty to charge only reasonable fees is the power of the court to reduce the amount of attorneys fees if the same is excessive and unconscionable. (Roxas v. De Zuzuarregui, Jr., G. R. No. 152072, Jan. 31, 2006); A lawyer is primarily an officer of the court hence fees should be subject to judicial control; Sound public policy demands that courts disregard stipulations for attorneys fees when they appear to be a source of speculative profit at the expense of the debtor or mortgagor. (Borcena v. IAC, et. al., G.R. No. 70099, Jan. 7, 1987)
Extraordinary attorney's fee An indemnity for damages ordered by the court to be paid by the losing party in litigation. Such award belongs to the client but parties may stipulate that whatever may be awarded by the court as attorneys fees will go directly to the lawyer.
Note: The basis for this is any of the cases provided for by law where such award can be made, such as those authorized in Article 2208 of the Civil Code, and is payable not to the lawyer but to the client, unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof.
2.
3.
Ordinary Concept of Attorneys Fees Q: Aurora Pineda filed an action for declaration of nullity of marriage against Vinson Pineda, who was represented by Attys. Clodualdo de Jesus, Carlos Ambrosio and Emmanuel Mariano. The parties' proposal for settlement regarding Vinson's visitation rights over their minor child and the separation of their properties was approved by the court. The marriage was subsequently declared null and void. Throughout the proceedings counsels and their relatives and friends, availed of free products and treatments from Vinsons dermatology clinic. This notwithstanding, they billed him additional legal fees amounting to P16.5 million which he, however, refused to pay. Instead, he issued them several checks totaling P1.12 million as full payment for settlement. Still not satisfied, the three lawyers filed in the same court a motion for payment of lawyers' fees for P50 million, which is equivalent to 10% of the value of the properties awarded to Pineda in the case. Are their claim justified? A: No. Clearly, what they were demanding was additional payment for legal services rendered in the same case. Demanding P50 million on top of the generous sums and perks already given to them was an act of unconscionable greed. They could not charge Pineda a fee based on percentage, absent an express agreement to that effect. The payments to them in cash, checks, free products and services from Pinedas business more than sufficed for the work they did. The full
Note: A trial judge may not order the reduction of the attorneys fees on the ground that the attorney is below average standard of a lawyer. The opinion of the judge as to the capacity of a lawyer is not a basis of the right to a lawyers fees. (Fernandez v. Hon. Bello, No. L-14277, April 30, 1960)
Q: When are attorneys fees considered as unconscionable? A: 1. An amount compared to the value of the services is so disproportionate as to shock human conscience. One in which no man in his right senses, not under delusion, would make on one hand, and which no fair and honest man would accept on the other. a. Concepts of Attorneys Fees Q: What are the two concepts of attorneys fees? A: 1. Ordinary attorney's fee The reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter.(Pineda, 2009)
2.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
5. 6. 7. 8. 9.
10. 11.
12. 13.
When the action is clearly unfounded; When defendant acted in gross and evident bad faith; In actions for support; In cases of recovery of wages; In actions for indemnity under workmens compensation and employees liability laws; In a separate civil action arising from a crime; When at least double costs are awarded (costs of suit does not include attorneys fees); When the court deems it just and equitable; and When a special law so authorizes. (Art. 2208, NCC) b. Acceptance Fees
Q: What is an acceptance fee? A: It is an absolute fee arrangement which entitles a lawyer to get paid for his efforts regardless of the outcome of the litigation (Funa, 2009).
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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2. 3.
4.
5.
6.
The lawyer agrees to be paid per court appearance. Contingent fee where the lawyer is paid for his services depending on the success of the case. This applies usually in civil suits for money or property where the lawyers fee is taken from the award granted by the court. Attorney de oficio. The attorney is appointed by the court to defend the indigent litigant in a criminal case. The client is not bound to pay the attorney for his services although he may be paid a nominal fee taken from a public fund appropriated for the purpose. Legal aid. The attorney renders legal services for those who could not afford to engage the services of paid counsel. Quantum meruit basis. If there is no specific contract between the lawyer and the client, the lawyer is paid on quantum meruit basis, that is, what the lawyer deserves for his services.
Q: What is a retainer? A: It may refer to two concepts: 1. Act of a client by which he engages the services of an attorney to render legal advice or to defend or prosecute his cause in court; or Fee which a client pays to the attorney.
2.
Q: Concept Placement retained the services of Atty. Funk. Under their retainer contract, Atty. Funk is to render various legal services except litigation, quasi-judicial and administrative proceedings and similar actions for which there will be separate billings. Thereafter, Atty. Funk represented Concept Placement in the case filed against it for illegal dismissal. While the labor case was still pending, Concept Placement terminated the services of Atty. Funk. Nevertheless, Atty. Funk continued handling the case. Atty. Funk then advised Concept Placement of the POEAs favorable decision and requested the payment of his attorneys fees. Concept Placement refused. Is Atty. Funk entitled to attorneys fees for assisting Concept Placement as counsel in the labor case even if the services of Atty. Funk were already terminated? A: Yes. The expiration of the retainer contract between the parties during the pendency of the
Q: What are the different types of fee arrangements an attorney may enter into with his client? A: 1. Retainers fee where the lawyer is paid for services for an agreed amount for the case.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: Chester asked Laarni to handle his claim to a sizeable parcel of land in Quezon City against a well-known property developer on a contingent fee basis. Laarni asked for 15% of the land that may be recovered or 15% of whatever monetary settlement that may be received from the property developer as her only fee contingent upon securing a favorable final judgment or compromise settlement. Chester signed the contingent fee agreement. Assume the property developer settled the case after the case was decided by the Regional Trial Court in favor of Chester for P1 Billion. Chester refused to pay Laarni P150 Million on the ground that it is excessive. Is the refusal justified? Explain. A: The refusal of Chester to pay is unjustified. A contingent fee is impliedly sanctioned by Rule 20.01(f) of the CPR. A much higher compensation is allowed as contingent fees is consideration of the risk that the lawyer will get nothing if the suit fails. In several cases, the Court has indicated that a contingent fee of 30% of the money or property that may be recovered is reasonable. Moreover, although the developer settled the case, it was after the case was decided by the RTC in favor of Chester, which shows that Atty. Laarni has already rendered service to the client. Q: Assume there was no settlement and the case eventually reached the Supreme Court which promulgated a decision in favor of Chester. This time Chester refused to convey to Laarni 15% of the litigated land as stipulated on the ground that the agreement violates Article 1491 of the Civil Code, which prohibits lawyers from acquiring by purchase properties and rights, which are the object of litigation in which they take part by reason of their profession. Is the refusal justified? Explain. A: Chesters refusal is not justified. A contingent fee arrangement is not covered by Art.1491 of the Civil Code, because the transfer or assignment of the property in litigation takes effect only upon finality of a favorable judgment. (Director of Lands v. Ababa, No. L-26096, February 27, 1979);
2.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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CONTINGENT CONTRACT
Payable in cash Lawyers do not undertake to pay all expenses of litigation Valid
CHAMPERTOUS CONTRACT
Payable in kind only Lawyers undertake to pay all expenses of litigation Void
Q: The contract of attorney's fees entered into by Atty. Quintos and his client, Susan, stipulates that if a judgment is rendered in favor of the latter, Atty. Quintos gets 60% of the property recovered as contingent fee. In turn, he will
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
has full knowledge and approval thereof. (Sec. 20 (e), Rule 138) d. Attorneys Lien
Note: A lawyer is not entitled to unilaterally appropriate his clients money for himself by the mere fact alone that the client owes him attorneys fees. (Rayos v. Hernandez, GR No. 169079, February 12, 2007)
Q: Define an attorneys retaining lien. A: A retaining lien is the right of an attorney to retain the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. (1994, 1995, 1996, 1998, 2000 Bar Questions) Q: What are the requisites in order for an attorney to be able to exercise his retaining lien? A: ALU 1. Attorney-client relationship; 2. Lawful possession by the lawyer of the clients funds, documents and papers in his professional capacity; and 3. Unsatisfied claim for attorneys fees or disbursements. Q: Harold secured the services of Atty. Jarencio to collect from various debtors. Accordingly, Atty. Jarencio filed collection cases against the debtors of Harold and in fact obtained favorable judgments in some. Atty. Jarencio demanded from Harold his attorneys fees pursuant to their agreement but Harold refused. When one of the defendants paid his indebtedness of P20,000 through Atty. Jarencio, the latter refused to turn over the money to Harold; instead, Atty. Jarencio applied the amount to his attorneys fees having in mind the provisions of the Civil Code on legal compensation or set-off to justify his act. Was Atty. Jarencio correct in refusing to turn over to his client the amount he collected? Discuss fully. A: No. A lawyer has a retaining lien which entitled him to retain possession of a clients document, money or other property which come into the hands of the attorney professionally, until the general balance due to him for professional services is paid. Under Section 37, Rule 138 of the Rules of Court, the attorney cannot be compelled to surrender the document in his possession
Q: How does Lawyer- Referral System work? A: Under this system, if another counsel is referred to the client, and the latter agrees to take him as collaborating counsel, and there is no express agreement on the payment of attorneys fees, the said counsel will receive attorneys fees in proportion to the work performed and responsibility assumed. The lawyers and the client may agree upon the proportion but in case of disagreement, the court may fix the proportional division of fees. (Lapena, 2009) 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 employment from anyone other than the client. (1997, 2003 Bar Questions)
Rationale: Intended To secure the fidelity of the lawyer to his clients cause and to prevent a situation in which the receipt of him of a rebate or commission from another with the clients business may interfere with the full discharge of his duty to his client. (Report of the IBP Committee)
XPN: A lawyer may receive compensation from a person other than his client when the latter
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Note: A charging lien, to be enforceable as a security for the payment of attorneys fees, requires as a condition sine qua non a judgment for money and execution in pursuance of such judgment secured in the main action by the attorney in favor of his client.
Q: The client with whom you have a retainer agreement had not been paying you contrary to your stipulations on legal fees, even as you continue to appear at hearings in his case. A judgment was finally rendered in your clients favor awarding him the real property in litigation as well as a substantial amount in damages. As the counsel who had not been paid, what steps can you take to protect your interests? A: I will cause a charging lien for my fees to be recorded and attached to the judgment insofar as it is for the payment of money in damages. Then, I will have the right to collect my fees out of such judgments and executions issued in pursuance thereof. (1994 Bar Question) Q: What is the difference between a retaining lien and a charging lien? A: RETAINING LIEN CHARGING LIEN As to Nature Passive lien. It cannot Active lien. It can be be actively enforced. enforced by It is a general lien. execution. It is a special lien. As to Basis Lawful possession of Securing of a papers, documents, favorable money property belonging judgment for client. to the client.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: Where and how may attorney's fees be claimed by the lawyer? A: 1. In the same case It may be asserted either in the very action in which the services of a lawyer had been rendered or in a separate action. In a separate civil action A petition for attorney's fees may be filed before the judgment in favor of the client is satisfied or the proceeds thereof delivered to the client. The determination as to the propriety of the fees or as to the amount thereof will have to be held in abeyance until the main case from which the lawyer's claim for attorney's fees may arise has become final. Otherwise, the determination of the courts will be premature.
Note: Contracts for employment may either be oral or express.
2.
Q: What are the instances when an independent civil action to recover attorneys fees is necessary? A: 1. Main action is dismissed or nothing is awarded; Court has decided that it has no jurisdiction over the action or has already lost it;
2.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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4.
5.
6.
Q: What are the effects of the nullity of contract on the right to attorneys fees? A: If the nullification is due to: 1. The illegality of its object - the lawyer is precluded from recovering; and
Q: To what compensation is a lawyer entitled to? A: 1. Counsel de parte He is entitled to the reasonable attorneys fees agreed upon, or in the absence thereof, on quantum meruit basis. Counsel de oficio The counsel may not demand from the accused attorneys fees even if he wins the case. He may, however, collect from the government funds, if available based on the amount fixed by the court. Amicus Curae not entitled to attorneys fees.
2.
Q: What is confidence? A: It refers to the information protected by the attorney-client privilege. (Report of IBP Committee) Q: What is secret? A: 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. (Ibid)
3.
Q: Why is there a need to state the reason for the award of attorneys fees in the text of the courts decision? A: The award of attorneys fees being an exception rather than the general rule, it is necessary for the court to make findings of facts and law that would bring the case within the exception and justify the grant of such award. (Agustin vs. CA, G.R. No. 84751, June 6, 1990)
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
b. c.
2. 3. 4. 5.
Q: May a lawyer reveal the confidences or secrets of his client? A: GR: A lawyer shall not reveal the confidences and secrets of his client.
Note: An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorneys secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity. (Sec. 24(b), Rule 130, RRC)
Rule 21.02, Canon 21, CPR - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto. Q: Bun Siong Yao is a majority stockholder of Solar Farms & Livelihood Corporation and Solar Textile Finishing Corporation. Atty. Leonardo Aurelio is also a stockholder and the retained counsel of both the corporation and Bun Siong Yao. The latter purchased several parcels of land using his personal funds but were registered in the name of the corporations upon the advice of Atty. Aurelio. After a disagreement between Atty. Aurelio and Bun Siong Yaos wife, the former demanded the return of his investment in the corporations but when Yao refused to pay, he filed 8 charges for estafa and falsification of commercial documents against Yao and his wife and the other officers of the corporation. Yao alleged that the series of suits is a form of harassment and constitutes an abuse of the confidential information which Atty. Aurelio obtained by virtue of his employment as counsel. Atty. Aurelio however said that he only handled isolated labor cases for the said corporations. Did Atty. Aurelio abuse the confidential information he obtained by virtue of his employment as counsel? A: Yes. The long-established rule is that an attorney is not permitted to disclose communications made to him in his professional
XPN: a. When authorized by his client after acquainting him of the consequences of the disclosure;
Note: There is a waiver of the privilege by the client. The only instance where the waiver of the client alone is insufficient is when the person to be examined with reference to any privileged communication is the attorneys secretary, stenographer or clerk, in respect to which the consent, too, of the attorney is necessary.
b. c.
When required by law; When necessary to collect his fees or to defend himself, his employees or associates by judicial action.
Note: Payment of retainer fee is not essential before an attorney can be required to safeguard a prospective clients secret acquired by the attorney during the course of the consultation with the prospective client, even if the attorney did not accept the employment.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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& Meyer Law Offices. During the meeting, Niko divulged highly private information to Atty. Henry, believing that the lawyer would keep the confidentiality of the information. Subsequently, Niko was shocked when he learned that Atty. Henry had shared the confidential information with his law partner, Atty. Meyer, and their common friend, private practitioner Atty. Canonigo. When confronted, Atty. Henry replied that Niko never signed any confidentiality agreement, and that he shared the information with the two lawyers to secure affirmance of his legal opinion on Nikos problem. Did Atty. Henry violate any rule of ethics? Explain fully. A: Atty. Henry violated Canon No. 21 of the CPR by sharing information obtained from his client Niko with Atty. Canonigo. Canon No. 20 provides that a lawyer shall preserve the confidences or secrets of his client even after the attorney-client relationship is terminated. The fact that Atty. Canonigo is a friend from whom he intended to secure legal opinion on Nikos problem, does not justify such disclosure. He cannot obtain a collaborating counsel without the consent of the client (Rule 18.01, CPR). On the other hand, Atty. Henry did not violate Canon 21 in sharing information with his partner Atty. Meyer. Rule 21.04 of the CPR specifically provides that a lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. Atty. Henry was not prohibited from disclosing the affairs of Niko with the members of his law firm. The employment of a member of a firm is generally considered as employment of the firm itself. (Hilado v. David, G.R. No. L-961, Sept. 21, 1949) (2008 Bar Question) Rule 21.05, Canon 21, CPR 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 client. Rule 21.06, Canon 21, CPR A lawyer shall avoid indiscreet conversation about a clients affairs even with members of his family. Rule 21.07, Canon 21, CPR A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.
Rule 21.04, Canon 21, CPR - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.
Note: Professional employment of a law firm is equivalent to retainer of members thereof. In a law firm, partners or associates usually consult one another involving their cases and some work as a team. Consequently, it cannot be avoided that some information about the case received from the client may be disclosed to the partners or associates.
Q: In need of legal services, Niko secured an appointment to meet with Atty. Henry of Henry
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: Does the written consent of the client require approval of the court to be effective? A: The withdrawal in writing of a lawyer as counsel for a party, with the clients written conformity, does not require the approval of the court to be effective, especially if the withdrawal is accompanied by a formal appearance of a new counsel. Q: What are the instances when a lawyer may withdraw his services without the consent of his client? A: FIC MOVIE 1. When the client deliberately Fails to pay the fees for the services or fails to comply with the retainer agreement; 2. When the client pursues an Illegal or immoral course of conduct in connection with the matter he is handling; 3. When the lawyer finds out that he might be appearing for a Conflicting interest; 4. When the Mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; 5. Other similar cases; 6. When the client insists that the lawyer pursue conduct in Violation of these canons and rules; 7. When his Inability to work with co-counsel will not promote the best interest of the client; and 8. When the lawyer is Elected or appointed to a public office. (Rule 22.01, CPR) Q: What is the procedure when withdrawal is without clients consent? A: 1. File a petition for withdrawal in court.
2. 3.
4.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Note: He should present his petition well in advance of the trial of the action to enable the client to secure the services of another lawyer. If the application is filed under circumstances that do not afford a substitute counsel sufficient time to prepare for trial or that work prejudice to the clients cause, the court may deny his application and require him to conduct the trial. A lawyer should not presume that the court will grant his petition for withdrawal. Until his withdrawal shall have been proved, the lawyer remains counsel of record who is expected by his client as well as by the court to do what the interests of his client require.
Q: What are the limitations on clients right to discharge the services of his lawyer? A: When made with justifiable cause, it shall negate the attorneys right to full payment of compensation. 2. The attorney may, in the discretion of the court, intervene in the case to protect his right to fees. 3. A client may not be permitted to abuse his right to discharge his counsel as an excuse to secure repeated extensions of time to file a pleading or to indefinitely avoid a trial. Q: Is notice of discharge necessary? A: It is not necessary between client and attorney. But insofar as the court and the adverse party is concerned, the severance of the relation of attorney and client is not effective until: 1. A notice of discharge by the client or a manifestation clearly indicating that purpose is filed with the court; and 2. A copy thereof served upon the adverse party. Q: What should a lawyer do if no notice of discharge was filed by the client with the court? A: If the client has not filed a notice of discharge, the duty of the attorney, upon being informed by his client that his services have been dispensed with, is to file: 1. 2. A notice of withdrawal with the clients conformity; or An application to retire from the case, he being released from professional responsibility only after his dismissal or withdrawal is made of record. 1.
a. Discharge of the Attorney by the Client (1994,1997,1998 Bar Question) Q: Can a client discharge the services of his lawyer without a cause? A: Yes. A client has the right to discharge his attorney at any time with or without a cause or even against his consent. 1. With just cause lawyer is not necessarily deprived of his right to be paid for his services. He may only be deprived of such right if the cause for his dismissal constitutes in itself a sufficient legal obstacle to recovery. Without just cause a. No express written agreement as to fees- reasonable value of his services up to the date of his dismissal (quantum meruit). b. There is written agreement and the fee stipulated is absolute and reasonable full payment of compensation. c. The fee stipulated is contingent. d. If dismissed before the conclusion of the action- reasonable value of his services (quantum meruit) e. If contingency occurs or client prevents its occurrence full amount.
2.
Note: Lawyer should question his discharge otherwise he will only be allowed to recover on quantum meruit basis. Note: The existence or non-existence of a just cause is important only in determining the right of an attorney to compensation for services rendered.
Q: What are the conditions for substitution of counsel? A: 1. 2. 3. Written application Written consent of the client Written consent of the attorney to be substituted, or in the absence thereof,
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
b.
c.
d.
e.
f. g.
Note: In all the a-e cases above, the lawyer must file
a written motion with an express consent of his client and the court shall determine whether he ought to be allowed to retire. Note: He may also retire at any time from an action or special proceeding without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. (Sec. 26, Rule 138, RRC)
Q: What is Hot Potato Doctrine? A: It refers to the prohibition from dropping smaller clients (like hot potatoes) in order to pick up more lucrative clients. Q: On the eve of the initial hearing for the reception of evidence for the defense, the defendant and his counsel had a conference where the client directed the lawyer to present as principal defense witnesses 2 persons whose testimonies were personally known to the lawyer to have been perjured. The lawyer informed his client that he refused to go along with the unwarranted course of action proposed
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: When will the liability of a lawyer for breach of fiduciary obligation arise? A: A lawyer may be held liable if he fails in his obligation to make an accounting of funds or property that may come to his possession for a lawyer holds his clients funds or property in trust for his client. Q: What are the effects of lawyers failure to return clients money or property after demand? A: 1. 2. 3. 4. There will be a presumption that the lawyer misappropriated the same; It will give rise to civil liability of the lawyer; Criminal liability Administrative liability.
2.
Q: What is the remedy of the client? A: Recover property from lawyer, together with its fruits, subject to clients returning to his lawyer the purchase price thereof and the legal interests thereon. Q: When is a lawyer not liable for libelous words in the pleadings? A: A lawyer is exempted from liability for slander, libel or for words otherwise defamatory, published in the course of judicial proceedings, provided the statements are connected with, relevant, pertinent and material to the cause in hand or subject of inquiry.
Note: Test of relevancy The matter to which the privilege does not extend must be palpably wanting in relation to the subject of controversy, that no reasonable man can doubt its relevancy or propriety. Pleadings should contain plain and concise statements of material facts and if pleader goes beyond requisites of law and alleges irrelevant matter, which is libelous, he loses his privilege and may be liable in a separate suit.
2. 3. 4.
Note: For nos. 2-4 there should be a showing that: 1. The lawyer had exercised due diligence 2. His client would have succeeded in recovering from adverse party.
Q: When will civil liability arise? A: 1. 2. 3. 4. Client is prejudiced by lawyer's negligence or misconduct; Breach of fiduciary obligation; Civil liability to third persons; Libelous words in pleadings;
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
4.
5.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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III. DISCIPLINE OF LAWYERS 5. A. NATURE AND CHARACTERISTICS OF DISCIPLINARY ACTIONS AGAINST LAWYERS Q: What is the rationale of disciplining errant lawyers? A: Practice of law is not a natural or constitutional right, but it is in the nature of a privilege franchise. Hence, the same may be suspended or removed from the lawyer for reasons provided in the rules, law and jurisprudence. Q: What is the purpose of disciplining lawyers? 6. A: To ascertain that a lawyer still possesses those qualifications which are conditions precedent for the continuous practice of law and; to deter others from similar misconduct, to protect the court and the public from the misbehavior of its officers. Q: What is the nature of the power to discipline? A: The power to discipline a lawyer is JUDICIAL in nature and can be exercised only by the courts. It cannot be defeated by the legislative or executive departments.
Note: The power to disbar and to reinstate is an inherently judicial function (Andres v. Cabrera, SBC585, February 29, 1984)
Q: What are the other sanctions and remedies? A: RALARRO 1. 2. 3. 4. 5. Restitution; Assessment of costs; Limitation upon practice; Appointment of a receiver; Requirement that a lawyer take the bar examination or professional responsibility examination; Requirement that a lawyer attend continuing education courses; and Other requirements that the highest court or disciplinary board deems consistent with the purposes of the sanctions.
7.
Q: What are the forms of disciplinary measures? A: WARCS-DIP 1. Warning an act of putting one on his guard against an impending danger, evil, consequence or penalty; Admonition a gentle or friendly reproof, mild rebuke, warning, reminder, or counseling on a fault, error or oversight; an expression of authoritative advice; Reprimand a public and formal censure or severe reproof, administered to a person at fault by his superior officer or the body to which he belongs; Censure official reprimand; Suspension temporary withholding of a lawyers right to practice his profession as a lawyer for a certain period or for an indefinite period of time: a. Definite; b. Indefinite qualified disbarment; lawyer determines for himself how long or how short his suspension shall last by proving to court that he is once again fit to resume practice of law. Disbarment it is the act of the Supreme Court of withdrawing from an attorney the right to practice law. The name of the
2.
Q: What are the powers of the Supreme Court with regard to the discipline of errant lawyers? A: WARDSIP 1. Warn; 2. Admonish; 3. Reprimand; 4. Disbar; 5. Suspend a lawyer; [Sec. 27, Rule 138, Revised Rules of Court (RRC)] 6. Interim suspension; and 7. Probation. (IBP Guidelines) Q: What about the Court of Appeals and the Regional Trial Court? A: They are also empowered to: WARSP 1. Warn; 2. Admonish; 3. Reprimand; 4. Suspend an attorney from practice for any of the causes named in Sec 27, Rule 138
3.
4. 5.
6.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: What is the nature of the disciplinary actions against lawyers? A: Administrative cases against lawyers belong to a class of their own (sui generis). They are distinct from and may proceed independently of civil and criminal cases (In re Almacen, G.R. No. L-27654
February 18, 1970; Funa, 2009).
Q: What are the main objectives of disbarment and suspension? A: To: 1. Compel the attorney to deal fairly and honestly with his clients; 2. Remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to the office of an attorney; 3. Punish the lawyer; 4. Set an example or a warning for the other members of the bar; 5. Safeguard the administration of justice from incompetent and dishonest lawyers; 6. Protect the public.
Note: The purpose and the nature of disbarment proceedings make the number of defenses available in civil and criminal actions inapplicable in disciplinary proceedings.
Q: Is there a prescriptive period for filing administrative complaints against lawyers? A: None. Rule VII, Section 1 of the Rules of Procedure of the CBD-IBP, which provides for a prescriptive period for the filing of administrative
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Note: Kinds of grounds for the suspension and disbarment of a lawyer consist of those acts of misconduct committed: 1. Prior to admission to the bar- acts of
Malpractice misconduct prior to admission include those that indicate that at the time the lawyer took his oath, he did not possess the required qualifications for membership in the bar. Consequently, the cancellation of his license is justified.
2. After admission to the bar - those which cause loss of moral character on his part or involve violation of his duties to the court, his client, to the legal profession and to the public.
Q: What is malpractice? A: Malpractice refers to any malfeasance or dereliction of duty committed by a lawyer (Tan Tek Beng v. David, Adm. Case No. 1261, December 29 1983; Lapena,Jr., 2009)
Note: Legal malpractice consists of failure of an attorney to use such skill, prudence and diligence as a lawyer 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, Dec. 29, 1983)
Note: Disbarment and suspension of a lawyer, being the most severe forms of disciplinary sanction, should be imposed with great caution and only in those cases where the misconduct of the lawyer as an officer of the court and a member of the bar is established by clear, convincing and satisfactory proof. (Vitug v. Rongcal, A.C. No. 6313, Sept. 7, 2006) Disbarment is merited when the action is not the lawyers first ethical infraction of the same nature. (Que v. Revilla, A.C. No. 7054, Dec. 4, 2009)
Grossly Immoral Conduct Q: What is Gross Misconduct? A: Gross Misconduct is any inexcusable, shameful or flagrant unlawful conduct on the part of the person concerned in the administration 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 Grossly Immoral Conduct?
Q: Are the grounds for disbarment exclusive? A: No. A lawyer may be removed from office or suspended from the practice of law on grounds other than those specifically provided in the law. The statutory enumeration is not to be taken as a limitation on the general power of SC to suspend or disbar a lawyer. (In Re: Puno, A.C. No. 389, Feb. 28, 1967)
Note: The Court has disbarred or suspended lawyers for reasons 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)
A: Grossly immoral conduct is one that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree. (Vitug v. Rongcal, A.C. No. 6313, Sept. 7, 2006);
Note: Mere intimacy between a lawyer and a woman with no impediment to marry each other, and who voluntarily cohabited and had two children, is neither so corrupt to constitute a criminal act nor so unprincipled as to warrant disbarment or disciplinary action against the man as a member of the bar. (Arciga v. Maniwang, A.C. No. 1608, Aug. 14, 1981)
Deceit
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
3.
Non-professional misconduct GR: A lawyer may not be suspended or disbarred for misconduct in his nonprofessional or private capacity. XPN: Where such is so gross as to show him to be morally unfit for office or unworthy of privilege, the court may be justified in suspending or removing him from the Roll of Attorneys. (2005 Bar Question)
Note: The issuance of worthless checks constitutes gross misconduct as its effect transcends the private interests of the parties directly involved in the transaction and touches the interests of the community at large.
Q: what are the specific grounds that may constitute violation of the lawyers oath? A: The specific grounds that would constitute violation of the lawyers oath are: 1. 2. 3. 4. Commission of falsehood Instituting baseless or unfounded complaints Engaging in dilatory actions for an ulterior motive Malpractice or reprehensible conduct in dealing with the court of his client. (Lapena, Jr., 2009)
2.
Gross immorality An act of personal immorality on the part of a lawyer in his private relation with opposite sex may put his character in doubt. But to justify suspension or disbarment, the act must not only be immoral, it must be grossly immoral. (Abaigar v. Paz, A.M. No. 997, Sept. 10, 1979)
Note: Cohabitation per se is not grossly immoral. It depends on circumstances and is not necessary that there be prior conviction for an offense before lawyer may be disciplined for gross immorality. If the evidence is not sufficient to hold a lawyer liable for gross immorality, he may still be reprimanded where evidence shows failure on his part to comply with rigorous standards of conduct required from lawyers.
Corrupt or Willful Appearance as Attorney for a Party to a Case Without Authority to do so (Refer to Sanctions for Practice of Law Without Authority) Q: What are the other statutory grounds for suspension and disbarment of members of the bar? A: Other statutory grounds include: 1. Acquisition of interest in the subject matter of the litigation, either through purchase or assignment; (Art. 1491, New Civil Code) 2. Breach of professional duty, inexcusable negligence, or ignorance, or for the revelation of the clients secrets; (Art. 208, Revised Penal Code)
3.
Conviction of a crime involving moral turpitude All crimes of which fraud or deceit is an element or those inherently contrary to rules of right conduct, honesty or morality in civilized community. Promoting to violate or violating penal laws Misconduct in discharge of official duties A lawyer who holds a government office may not be disciplined as a member of the
4.
5.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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6. 7. 8. 9.
Failing to account or misappropriating clients property; Collecting unreasonable fees; Acting without authority; Willfully appearing without being retained.
Q: What are the acts constituting breach of duties to the bar? A: 1. 2. 3. 4. 5. 6. Defaming fellow lawyers; Communicating with adverse party; Soliciting business; Advertising; Cooperating in illegal practice of law; Non-payment of IBP dues.
6. 7.
Note: Sanction: Disciplinary action Note: By applying for having himself commissioned as notary public, a lawyer assumes duties in a dual capacity, the nonperformance of which may be a ground for discipline as a member of the bar.
C. DISBARMENT PROCEEDINGS Q: What are the characteristics of disbarment proceedings? A: 1. Sui Generis a. Neither purely civil nor purely criminal, 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 civil action because there is neither plaintiff nor respondent, and involves no private interest. The complainant is not a party and has no interest in the outcome except as all citizens have in the proper administration of justice. There is no redress for private grievance. c. Not a criminal prosecution because it is not meant as a punishment depriving him of source of livelihood but rather to ensure that those who exercise the function should be competent, honorable and reliable so that the public may repose confidence in them.
Q: What are the acts constituting breach of duties to court? A: 1. 2. 3. 4. 5. 6. 7. 8. Obstructing justice and abuse of legal process; Misleading the court; Forum shopping; Preferring false charges; Introducing false evidence; Willfully disobeying court orders and disrespecting the court; Using vicious or disrespectful language; Continuing practice after suspension.
Q: What are the acts constituting breach of duties to client? A: 1. 2. 3. Negligence in the performance of his duties; Employment of unlawful means; Deceit or misrepresentation to the prejudice of or as a means to defraud his client; Representing adverse interests and revealing clients secrets; Purchasing clients property in litigation;
4. 5.
Note: A disbarment proceeding may proceed regardless of interest or lack of interest of the complainant (Rayos-Ombac v. Rayos, A.C. No. 2884, January 28, 1998). However, if the complainant refuses to testify and the charges cannot then be substantiated, the court will have no alternative but to dismiss the case. (2000 Bar Question)
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: What are the purposes of disbarment as a means of disciplining erring lawyers? A: The purposes of disbarment are: 1. To protect the public 2. To protect and preserve profession; and
the
legal
Note: The reason is because it is the court which admits an attorney to the bar and the court requires for such admission the possession of a good moral character. Disbarment is necessary so that respectability of the bar will be maintained. (1991 Bar Question)
3.
To compel the lawyer to comply with his duties and obligations under the CPR.
Q: Who has the burden of proof? A: The burden of proof is upon the complainant and the SC will exercise its disciplinary power only if the complainant establishes his case by the required quantum of proof which is clear, convincing and satisfactory evidence. (Aquino v. Mangaoang, A.C. No. 4934, Mar. 17, 2004)
Note: In the absence of contrary proof, the presumption is that the lawyer is innocent of the charges, and has performed his duty as an officer of the court in accordance with his oath, and the disbarment case should be dismissed. However, the court can still impose conditions despite dismissal of disciplinary action against an erring lawyer, if the facts so warrant. In the event the lawyer fails to comply with such condition, the court may suspend or disbar him for disobedience of its order. A lawyer who has been suspended or disbarred cannot practice law without being held liable for contempt of court. The suspended lawyer may be disbarred for violation of the suspension order. Such judgment however does not prohibit pro se practice. (Geeslin v. Navarro, A.C. No. 2033, May 1990).
2.
3.
Note: The confidentiality of the proceedings is a privilege which may be waived by the lawyer in whom and for the protection of whose personal and professional reputation it is vested, as by presenting the testimony in a disbarment case or using it as impeaching evidence in a civil suit. (Villalon v. IAC, G.R. No. L-73751, Sept. 24, 1986)
a. Procedure for Disbarment BAR MATTER NO. 1960 (May 1, 2000) AMENDMENT OF SECTION 1, RULE 139-B OF THE REVISED RULES OF COURT
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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4.
5.
6.
7.
"Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator. (Sec. 1, third par., Rule 139-B, RRC) Procedural Steps for Disbarment in the IBP: 1. The Board of Governors shall appoint from among the IBP members an investigator or when special circumstances so warrant, a panel of 3 investigators to investigate the complaint; If the complaint is meritorious, the respondent shall be served with a copy
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Disbarment Proceedings Before the Supreme Court 1. In proceedings initiated motu proprio by the Supreme Court or in other proceeding when the interest of justice so requires, the Supreme Court may refer the case for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court, in which case the investigation shall proceed in the same manner provided in Sections 6 to 11 of Rule 139-B, RRC, save that the review of the report of investigation shall be conducted directly by the Supreme Court (Sec. 13, Rule 139-B, RRC)
Note: Reference of the Court to the IBP of complaints against lawyers is not mandatory (Zaldivar v. Sandiganbayan, G.R. Nos. 79590707; Zaldivar v. Gonzales, G.R. No. 80578, October 7,1988). Note: Reference of complaints to the IBP is not an exclusive procedure under Rule 139-B, RRC. The Court may conduct disciplinary proceedings without the intervention of the IBP by referring cases for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court. In such case, the report or recommendation of the investigating official shall be reviewed directly by the Supreme Court. (Bautista v. Gonzales, A.M. No. 1626, February 12,1990; Funa, 2009)
3.
4.
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Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme Court a report containing his findings of fact and recommendations together with the record and all the evidence presented in the investigation for the final action of the Supreme Court. (Sec. 14, Rule 139-B, RRC)
Q: Atty. Narags spouse filed a petition for disbarment because her husband courted one of his students, maintained the said student as a mistress and had children with her. On the other hand, Atty. Narag claimed that his wife was a possessive, jealous woman who abused him and filed the complaint against him out of spite. Atty. Narag, however, failed to refute the testimony given against him. His actions were of public knowledge. Is Atty. Narags disbarment appropriate?
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Supreme Court shall refer the case to an investigator, who may either be: 1. 2. 3. Solicitor General, Any officer of the SC, or Any judge of a lower court
Notify Respondent
RESPONDENTS VERIFIED ANSWER (Must be filed within 15 days from service) INVESTIGATION (Terminate within 3 months)
REPORT TO SUPREME COURT (to be submitted not later than 30 days from investigations termination) REPORT MUST CONTAIN THE INVESTIGATORS: 1. 2. Findings of fact Recommendations SUPREME COURT FOR REVIEW or JUDGMENT
Note: An investigating judge cannot dismiss a case. The investigating judges 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, Mar. 30, 1994)
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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IBP Motu Proprio (Committee on Bar Discipline through National Grievance Investigator)
1. 2. 3.
IF MERITORIOUS, RESPONDENTS VERIFIED ANSWER (Must be filed within 15 days from service)
DISMISSAL BY BOARD OF GOVERNORS (should be promulgated within a period not exceeding 30 days from the next meeting of the board following the submittal of the investigators report)
INVESTIGATION (terminate within 3 months) 1. 2. 3. Investigator may issue subpoenas and administer oaths, Provide respondent with opportunity to be heard, May proceed with investigation ex parte should respondent fail to appear.
BOARD OF GOVERNORS FOR REVIEW (issues a Resolution Should be promulgated within a period not exceeding 30 days from the next meeting of the board following the submittal of the Investigators Report.)
REPORT TO BOARD OF GOVERNORS (Submitted not later than 30 days from termination of investigation) containing: Findings of facts Recommendations
ISSUE DECISION IF: Exonerated Sanction is less than suspension / disbarment (admonition, reprimand, or fine)
The case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the Supreme Court within fifteen (15) days from notice of the Board's resolution, the Supreme Court orders otherwise.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
5.
6. 7. 8. 9.
10.
Lack of Intention to slight or offend the Court (Rheem of the Philippines, Inc. v. Ferrer, G.R. No. L-22979, Jan. 27, 1967); Absence of prior disciplinary record; Absence of dishonest or selfish motive; Personal or emotional problems; Timely good faith effort to make restitution or to rectify consequences of misconduct; Full and free disclosure to disciplinary board or cooperative attitude toward the proceedings; Character or reputation; Physical or mental disability or impairment; Delay in disciplinary proceedings; Interim rehabilitation; Imposition of other penalties or sanctions; Remorse; and Remoteness of prior offenses. (IBP Guidelines 9.32)
Note: Disbarment should not be decreed where any punishment less severe such as reprimand, suspension or fine would accomplish the end desired. (Amaya v. Tecson, A.C. No. 5996, Feb. 7, 2005)
Q: What are the aggravating circumstances in disbarment? A: 1. Prior disciplinary offenses; 2. Dishonest or selfish motives; 3. A pattern of misconduct; 4. Multiple offenses; 5. Bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency; 6. Submission of false evidence, false statements, or other deceptive practices during the disciplinary process; 7. Refusal to acknowledge wrongful nature of conduct; 8. Vulnerability of victim; 9. Substantial experience in the practice of law; and 10. Indifference to making restitution. (IBP Guidelines 9.22) Q: What are the instances that are neither aggravating nor mitigating? A: 1. 2. Forced or compelled restitution; Agreeing to the clients demand for certain improper behavior or result;
Q: What are the mitigating circumstances in disbarment? A: 1. Good faith in the acquisition of a property of the client subject of litigation (In Re: Ruste, A.M. No. 632, June 27, 1940); Inexperience of the lawyer (Munoz v. People, G.R. No. L-33672, Sept. 28, 1973); Age (Santos v. Tan, A.C. No. 2697, Apr. 19, 1991); Apology (Munoz v. People, G.R. No. L33672, Sept. 28, 1973);
2. 3. 4.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: What are the guidelines to be observed in the matter of the lifting of an order suspending a lawyer from the practice of law? A: 1. 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 court during the period of his or her suspension; Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the Executive Judge of the courts where respondent has pending cases handled by him or her, and/or where he or she has appeared as counsel; and The Sworn Statement shall be considered as proof of respondents compliance with the order of suspension;
2.
3.
D. DISCIPLINE OF FILIPINO LAWYERS PRACTICE IN FOREIGN JURISDICTIONS Q: What is the effect in the Philippines of the disbarment or suspension of a Filipino lawyer in a foreign country? A: If the Filipino lawyer is disbarred or suspended from the practice of law by a competent court or disciplinary agency in a foreign jurisdiction where he has been admitted as an attorney, and a ground therefor includes any of the acts enumerated in Section 27, Rule 138 of the RRC, such disbarment or suspension is a ground for his disbarment or suspension in the Philippines.(Lapena, 2009)
Note: The judgment, resolution or order of the foreign court or disciplinary agency shall be prima facie evidence of the ground for disbarment or suspension. (SC Resolution date 21 February 1992 amending Sec. 27,Rule 138, RRC)
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: What is reinstatement? A: It is the restoration in disbarment proceedings to a disbarred lawyer the privilege to practice law.
Note: The power of the Supreme Court to reinstate is based on its constitutional prerogative to promulgate rules on the admission of applicants to the practice of law. (Sec. 5[5], Art. VIII, 1987 Constitution)
Q: What are the conditions in reinstatement? A: The applicant must, like a candidate for admission to the Bar, satisfy the Court that he is a person of good moral character a fit and proper person to practice law. A. READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN SUSPENDED Q: Raul Gonzales was found guilty of both contempt of court in facie curiae and gross misconduct as an officer of court and member of the bar. For this, he was suspended indefinitely. After more than 4 years from his suspension, Gonzales filed an ex-parte motion to lift his suspension from the practice of law, alleging that he gave free legal aid services by paying lawyers to do the same as he could not personally represent said clients; pursued civic work for the poor; brought honor to the country by delivering a paper in Switzerland; that he has a long record in the service of human rights and the rule of law; his suspension of 51 months has been the longest so far; states his profound regrets for the inconvenience which he has caused to the Court; sincerely reiterates his respect to the institution as he reiterates his oath to conduct himself as a lawyer. May his suspension be lifted? A: Yes. The Gonzales contrition, so noticeably absent in his earlier pleadings, has washed clean the offense of his disrespect. His remorse has soften his arrogance and made up for his misconduct. Gonzales suspension has given him ample time and opportunity to amend his erring ways, rehabilitate himself, and thus, prove himself worthy once again to enjoy the privileges of membership of the Bar. His motion was granted. (Zaldivar v. Gonzales, G.R. Nos. 79690707, April 7, 1993)
2.
3.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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2. 3.
5.
4.
6.
Q: Is a disbarred lawyer by reason of conviction of a crime automatically reinstated to the practice of law upon being pardoned by the President? A: No. To be reinstated, there is still a need for the filing of an appropriate petition with the Supreme Court. (In re: Rovero, A.M. No. 126, Dec. 29, 1980) Q: What is the effect if during the pendency of a disbarment proceeding, the erring lawyer was granted executive pardon? A: If during the pendency of a disbarment proceeding the respondent was granted executive pardon, the dismissal of the case on that sole basis will depend on whether the executive pardon is absolute or conditional. 1. 2. Absolute or unconditional pardon - the disbarment case will be dismissed. Conditional pardon - the disbarment case will not be dismissed on the basis thereof.
B. READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN DISBARRED Q: What must the Supreme Court take into consideration in reinstatement? A: 1. 2. 3. The applicants character and standing prior to the disbarment; The nature and character of the charge for which he was disbarred; His conduct subsequent to the disbarment, and the time that has elapsed between the disbarment and the application for reinstatement; (Prudential Bank v. Benjamin Grecia, A.C. No. 2756, Dec. 18, 1990) His efficient government service; (In re: Adriatico, G.R. No. L-2532, Nov. 17, 1910) Applicants appreciation of the significance of his dereliction and his assurance that he now possesses the requisite probity and integrity; and Favorable endorsement of the IBP and pleas of his loved ones. (Yap Tan v. Sabandal, B.M. No. 144, Feb. 24, 1989)
4. 5.
6.
Q: X filed proceedings for disbarment against his lawyer, Atty. C, following the latters conviction for estafa for misappropriating funds belonging to his client (X). While the proceedings for disbarment was pending, the President granted absolute pardon in favor of Atty. C. Atty. C, then, moved for the dismissal of the disbarment case. Should the motion be granted? A: An absolute pardon by the President is one that operates to wipe out the conviction as well as the offense itself. The grant thereof to a lawyer is a bar to a proceeding for disbarment against him, if such proceeding is based solely on the fact of such conviction. (In re: Parcasio, A.C. No. 100, Feb. 18, 1976) But where the proceeding to disbar is founded on the professional misconduct involved in the transaction which culminated in his conviction, the effect of the pardon is only to relieve him of the penal consequences of his act and does not operate as a bar to the disbarment proceeding,
Note: Whether or not the applicant shall be reinstated rests on the discretion of the court. (Prudential Bank v. Benjamin Grecia, A.C. No. 2756, Dec. 18, 1990) The court may require applicant for reinstatement to enroll in and pass the required fourth year review classes in a recognized law school. (Cui v. Cui, In Re: Resian A.C. No. 270, Mar. 1974)
Q: What is the effect of reinstatement? A: 1. Reinstatement to the roll of attorneys wipes out the restrictions and disabilities
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
C. READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN REPATRIATED Q: What are the effects of loss and reacquisition of Philippine citizenship? A: The loss of Philippine citizenship ipso jure terminates the privilege to practice law in the Philippines. However, pursuant to R.A. No. 9225 of the Citizenship Retention and Reacquisition Act of 2003, Filipino lawyer who becomes a citizen of another country is deemed never to have lost his Philippine citizenship IF HE REACQUIRES IT IN ACCORDANCE WITH R.A. NO. 9225. Nevertheless, his right to practice law DOES NOT AUTOMATICALLY ACCRUE. He must first secure authority from the Supreme Court upon compliance with the following conditions: 1. 2. 3. The updating and payment in full of annual membership dues in the IBP; Payment of professional tax; Completion of at least 36 credit hours of mandatory continuing legal educations; and Retaking of the lawyers oath
Q: X, a member of the Bar, was charged with and found guilty of estafa, for which he was sentenced to suffer imprisonment and to indemnify the offended party for the amount Involved. Not having taken an appeal from the judgment of conviction, upon finality thereof he was taken into custody to serve sentence. A month after he was incarcerated, he was granted pardon by the Chief Executive on condition that he would not commit another offense during the unserved portion of his prison sentence. Soon after Xs release from custody after being pardoned, the offended party in the criminal case filed a Complaint for Disbarment against X in the Supreme Court. X set up the defense that having been pardoned by the Chief Executive for which reason he was released from imprisonment, he may not be disbarred from the practice of law anymore. Is Xs contention tenable? A: Xs contention is not tenable. He was granted only a conditional pardon. Such conditional pardon merely relieved him of the penal consequences of his act but did not operate as a bar to his disbarment. Such pardon does not reach the offense itself. Hence, it does not constitute a bar to his disbarment. (In re Gutierrez, A.C. No. L-363, July 31, 1962; In re Avancena, A.C. No. 407, August 15, 1967). Furthermore, the acts of X leading to his conviction may be used to show that he does not possess the necessary requirement of good moral character for continued membership in the Bar (In re Valloces, A.C. No. 439, September 30, 1982). (1999 Bar Question)
4.
Q: Dacanay practiced law until he migrated to Canada to seek medical attention to his ailments. He subsequently applied for Canadian citizenship to avail of Canadas free medical aid program. His application was approved and he became a Canadian citizen. Dacanay later on reacquired his Philippine citizenship by virtue of R.A. 9225. Did Dacanay lose his membership in the Philippine bar when he gave up his Philippine citizenship? Can he automatically practice law upon reacquiring Filipino citizenship? A: The Constitution provides that the practice of all professions in the Philippines shall be limited to Filipino citizens save in cases prescribed by law. Since Filipino citizenship is a requirement for admission to the bar, loss thereof terminates membership in the Philippine bar and, consequently, the privilege to engage in the practice of law. In other words, the loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines. The practice of law is a privilege denied to foreigners. The exception is when Filipino citizenship is lost by reason of naturalization as a citizen of another country but subsequently reacquired pursuant to
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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The retaking of the lawyers oath which will 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 of Benjamin Dacanay, B.M. No. 1678, Dec. 17, 2007)
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
A: 1. Participatory credit Attending approved education activities like seminars, conventions, symposia, and the like; speaking or lecturing, or assigned as panelist, reactor, or commentator, etc. in approved education activities; teaching in law school or lecturing in bar review classes. Non-participatory Preparing, as author or co-author, written materials (article, book or book review) which contribute to the legal education of the author member, which were not prepared in the ordinary course of his practice or employment; editing a law book, law journal or legal newsletter. C. COMPLIANCE Q: What constitutes non-compliance of MCLE? A: 1. Failure to complete education requirement within the compliance period; Failure to provide attestation of compliance or exemption; Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period; Failure to satisfy the education requirement and furnish evidence of such compliance within 60 days from receipt of non-compliance notice; Failure to pay non-compliance fee within the prescribed period; or Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements.
A. PURPOSE Q: What is the purpose of Bar Matter 850 MCLE? A: MCLE is required of members of the IBP to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. (2003, 2006 Bar Questions) Q: What is the Composition of the Committee on Mandatory Continuing Legal Education? A: 1. Composition: a. Retired Justice of the SC Chairman, nominated by the SC b. IBP National President Vice-Chair c. 3 other members nominated by the Philippine Judicial Academy, UP Law Center and Association of Law Professors, respectively. Members are of proven probity and integrity Compensation as may be determined by the SC. The initial terms of each of the 3 members shall be 5, 4, and 3 years respectively. B. REQUIREMENTS Q: What are the requirements of completion of MCLE? A: Requirements of completion of MCLE: Members of the IBP, unless exempted under Rule 7, shall complete every 3 years at least 36 hours of continuing legal education activities. The 36 hours shall be divided as follows: 1. 2. 3. 4. 5. 6. 7. 6 hours legal ethics 4 hours trial and pretrial skills 5 hours alternative dispute resolution 9 hours updates on substantive and procedural laws and jurisprudence 4 hours legal writing and oral advocacy 2 hours international law and international conventions Remaining 6 hours such other subjects as may be prescribed by the Committee on MCLE. 5. 6.
2.
2. 3. 4.
2. 3.
4.
Note: Members failing to comply will receive a NonCompliance Notice stating the specific deficiency and will be given 60 days from date of notification to file a response.
D. EXEMPTIONS Q: Who are the persons exempted from the MCLE? A: 1. The President, Vice-President and the Secretaries and Undersecretaries of Executive Departments;
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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E. SANCTIONS Q: What are the consequences of noncompliance? A: A member who fails to comply with the requirements after the 60-day period shall be listed as delinquent member by the IBP Board of Governors upon recommendation of the Committee on MCLE.
Note: 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. 1922, which took effect on January 1, 2009, requires 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.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
A: No. Not every member of the Bar is a notary public because a lawyer requires a commission of appointment to be designated as a notary public.
Note: Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public. For this reason notaries public must observe with utmost care the basic requirements in the performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined. (Vda. De Rosales v. Ramos, A.C. No. 5645, July 2, 2002)
Q: What is the purpose of notarial law (A.M. No. 02-8-13-SC)? A: 1. 2. 3. To promote, serve, and protect public interest; To simplify, clarify, and modernize the rules governing notaries public; and To foster ethical conduct among notaries public. (Sec. 2, Rule I, A.M. No. 02-8-13-SC) A. QUALIFICATIONS OF NOTARY PUBLIC Q: Who is a notary public? A: A person appointed by the court whose duty is to attest to the genuineness of any deed or writing in order to render them available as evidence of facts stated therein and who is authorized by the statute to administer various oaths.
Note: Notary Public" and "Notary" refer to any person commissioned to perform official acts under the rules on Notarial Practice. (Sec. 9, Rule II, A.M. No. 02-8-13-SC)
Q: What are the 2 kinds of duties imposed by law to a notary public? A: 1. 2. Execution of formalities required by law; and Verification of the capacity and identity of the parties as well as the legality of the act executed.
Q: What are the duties of a notary public? A: 1. 2. To keep a notarial register; To make the proper entry or entries in his notarial register touching his notarial acts in the manner required by the law; To send the copy of the entries to the proper clerk of court within the first 10 days of the month next following; To affix to acknowledgments the date of expiration of his commission, as required by law; To forward his notarial register, when filled, to the proper clerk of court; To make report, within reasonable time to the proper judge concerning the performance of his duties, as may be required by such judge; To make the proper notation regarding residence certificates. (Sec. 240, Rev. Adm. Code) (1995 Bar Question)
Q. What must one possess to qualify as a notary public? 3. A: To be eligible for commissioning as notary public, the petitioner must be: 4. 1. 2. 3. A citizen of the Philippines; Over 21 years of age; 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; A member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and Has not been convicted in the first instance of any crime involving moral turpitude. (second par., Sec. 1, Rule III, 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC) 5. 6.
7. 4.
5.
GR: Yes. Only those admitted to the practice of law are qualified to be notaries public. XPN: When there are no persons with the necessary qualifications or where there are qualified persons but they refuse appointment.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
3.
4.
5.
Note: A notary public who charges fee for notarial services shall issue a receipt registered with the Bureau of Internal revenue and keep a journal of notarial fees. He shall enter in the journal all fees charges for services rendered. A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial fees. (Sec. 5, Rule V, A. M. 02-813-SC)
B. TERM OF OFFICE OF A NOTARY PUBLIC Q: What is the term of office of a notary public? A: A notary public may perform notarial acts for a period of 2 years commencing the 1st day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under the Rules on Notarial Practice and the Rules of Court.(Section 11, Rule III,A.M. No. 02-8-13-SC) (1995 Bar Question) Q: Juan dela Cruz was commissioned as a notary public in 2001. His friend asked him to notarize a deed of absolute sale sometime in 2004, to which he agreed free of charge. A complaint for malpractice was filed against him. Is Juan dela Cruz guilty of malpractice? A: Yes. Absent any showing that his notarial commission has been renewed, his act constitutes malpractice because at the time he notarized the document, his notarial commission has already expired. It is not a defense that no payment has been received. The requirement for the issuance
2.
3.
4.
Note: Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court. (Sec. 3, Rule III, A.M. No. 02-8-13-SC)
Q: Before the Executive Judge shall conduct a summary hearing on the petition, what requirements must be met?
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Note:: The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner. (Sec. 4, Rule III, A.M. No. 02-8-13-SC) Note: Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. The opposition must be received by the Executive Judge before the date of the summary hearing.(Sec. 6, Rule III, A.M. No. 02-813-SC) Note: The commissioning of a notary public shall be in a formal order signed by the Executive Judge. (Sec. 7, Rule III, A.M. No. 02-8-13-SC)
Q: What are the powers of a notary public? A: A notary public is empowered to perform the following notarial acts: JAO-CAS 1. Acknowledgements; 2. Oaths and affirmations; 3. Jurats; 4. Signature witnessings; 5. Copy certifications; and 6. Any other act authorized by these rules (Section 1(a), Rule IV, A.M. No. 02-8-13-SC) Acknowledgements Q: What is an acknowledgement? A: Acknowledgment refers to an act in which an individual on a single occasion: 1. Appears in person before the notary public and presents an integrally complete instrument or document;
Note: A notary public cannot perform a notarial act over a document that has missing pages, or that contains blanks that should be filled-in prior to the notarial act.
Note: Every person commissioned as notary public shall have only one official seal of office.
(Sec. 10, Rule III, A.M. No. 02-8-13-SC)
Q: What must a notary public do when his commission expires? A: A notary public may file a written application with the Executive Judge for the renewal of his commission within 45 days before the expiration thereof. A mark, image or impression of the seal of the notary public shall be attached in the application. (first par., Sec. 13, Rule III, A.M. No.
02-8-13-SC) Note: If a person is applying for a commission for the first time, what he files is a petition and not an application.
2.
Q: what is the effect of failure of the notary public to file an application for the renewal of his commission? A: Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public. (second par., Sec. 13, Rule III, A.M. No. 02-8-13-SC)
Note: The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission. (third par., Sec. 13, Rule III, A.M. No. 02-8-13-SC)
Is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules on Notarial Practice; and Represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity. (Sec. 1, Rule II, A.M. 02-8-13-SC)
3.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Jurats Q: What is a jurat? A: It refers to an act in which an individual on a single occasion: 1. Appears in person before the notary public and presents an instrument or document; 2. Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules on Notarial Practice; 3. Signs the instrument or document in the presence of the notary; and 4. Takes an oath or affirmation before the notary public as to such instrument or document. (Sec. 6, Rule II, A.M. 02-8-13SC)
Note: A jurat is not a part of a pleading but merely evidences the fact that the affidavit was properly made. The claim or be.lief of Atty. Dela Rea that the presence of petitioner Gamido was not necessary for the jurat because it is not an acknowledgment is patently baseless. If this had been his belief since he was first commissioned as a notary public, then he has been making a mockery of the legal solemnity of an oath in a jurat. Notaries public and others authorized by law to administer oaths or to take acknowledgments should not take for granted the solemn duties appertaining to their offices. Such duties are dictated by public policy and are impressed with public interest. (Gamido v. Bilibid Prisons Officials, G.R. No. 114829, Mar. 1, 1995)
same person who executed it and acknowledged that the same is his free act and deed. Two-fold purpose: to authorize the deed to be given in evidence without further proof of its execution, and, to entitle it to be recorded. Where used: 1. To authenticate an agreement between two or more persons; or 2. Where the document contains a disposition of property. E.g. The acknowledgement in a deed of lease of land.
Where used: 1. Affidavits; 2. certifications; 3. Whenever the person executing makes a statement of facts or attests to the truth of an event, under oath. E.g. An affidavit subscribed before a notary public or public official authorized for the purpose.
Note: If a document is certified by way of jurat, instead of acknowledgement, the document is a private one. Hence, to be admissible as evidence, the same must be offered and proven in accordance with the Rules on Evidence. Signature Witnessing
Q: What is signature witnessing? A: It refers to a notarial act in which an individual on a single occasion: 1. Appears in person before the notary public and presents an instrument or document; Is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Rules on Notarial Practice; and Signs the instrument or document in the presence of the notary public. (Sec. 14, Rule II, A. M. No. 02-8-13-SC)
Q: Distinguish acknowledgement from jurat. A: ACKNOWLEDGMENT Act of one who has executed a deed, in going to some competent officer or court and declaring it to be his act or deed. The notary public or officer taking the acknowledgement shall certify that the person acknowledging the instrument or document is known to him and he is the
JURAT 2. That part of an affidavit in which the notary public or officer certifies that the instrument was sworn to before him. It is not part of a pleading but merely evidences the fact that the affidavit was properly made.
3.
Q: Is a notary public authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization? A: Yes. It is also within the powers of a notary public, provided:
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
2. 3.
Q: How should a notary public notarize a paper instrument or document? A: In notarizing a paper instrument or document, a notary public shall: 1. Sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission; 2. Not sign using a facsimile stamp or printing device; and 3. Affix his official signature only at the time the notarial act is performed.(Sec. 1, Rule VII, A.M. 02-8-13-SC) Q: What are the effects of notarization?
4.
Q: Is a notary public authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document? A: Yes. It likewise falls within the powers of a notary public, provided: 1. The notary public is directed by the person unable to sign or make a mark to sign on his behalf; The signature of the notary public is affixed in the presence of 2 disinterested and unaffected witnesses to the instrument or document; Both witnesses sign their own names; The notary public writes below his signature: Signature affixed by notary in the presence of (names and addresses of person and 2 witnesses), and The notary public notarizes his signature by acknowledgment or jurat. (Sec. 1(c), Rule IV, A.M. 02-8-13-SC) (1995 Bar Question) Copy Certifications Q: What is copy certification? A: It refers to a notarial act in which a notary public: 1. Is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable; 2. Copies or supervises the copying of the instrument or document; 3. Compares the instrument or document with the copy; and 4. Determines that the copy is accurate and complete. (Sec. 4, Rule II, A.M. 02-8-13-SC)
A: 1. The notary, in effect, proclaims to the world that: a. b. c. d. e. All the parties therein personally appeared before him; They are personally known to him; They are the same persons who executed the instrument; He inquired into the voluntariness of the execution of the instrument; They acknowledge personally before him that they voluntarily and freely executed the same.
2.
3. 4.
2.
Converts a private document into a public one and renders it admissible in court without further proof of its authenticity. Documents enjoy a presumption of regularity. It constitutes prima facie evidence of the facts which give rise to their execution and of the date of said execution, but not of the truthfulness of the statement.
5.
3.
Note: The reason for the presumption is that the law assumes that the act which the officer witnessed and certified to or the date written by him are not shown to be false since notaries are public officers. Note: A notarial document is by law entitled to full faith and credit upon its face and, for this reason, notaries public must observe with utmost care the basic requirements in the performance of their duties, lest, the confidence of the public in the integrity of the document will be undermined.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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c. d.
notary public through competent evidence of identity as defined by the Rules on Notarial Practice. (Sec. 2(b)(2), Rule IV, A.M. No. 02-8-13-SC) The document is blank or incomplete; (Sec.6(a) Rule IV, A.M. 02-8-13-SC) An instrument or document is without appropriate notarial certification. (Sec. 6, Rule IV, A.M. 028-13-SC)
Q: What must the notarial certificate contain? A: 1. 2. 3. The name of the notary public as exactly indicated in the commission; The serial number of the commission of the notary public; The words "Notary Public" and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; and The roll of attorney's number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number. (Sec. 2, Rule VIII, A.M. 02-8-13-SC)
Q: Engineer Cynthia de la Cruz Catalya filed an application for building permit in connection with the renovation of a building situated on a lot owned by her brother Rolando de la Cruz. One of the documents required in the processing of the application was an affidavit to be executed by the lot owner. Since Rolando de la Cruz was a resident abroad, an affidavit was prepared wherein it was made to appear that he was a resident of Leyte; that he was the owner of the lot whereon the building subject of the application for the issuance of a building permit was situated. Atty. Francisco Villamor notarized the purported affidavit. According to him, a Chinese mestizo appeared in his law office one time, requesting that his affidavit be notarized. Said person declared that he was Rolando de la Cruz. Atty. Villamor then asked for the production of his residence certificate, but he said, he did not bother to bring the same along with him anymore as, he has already indicated his serial number, in the jurat portion together with the date of issue and place of issue. Did Atty. Francisco Villamor commit a violation of notarial law? A: Yes. It is the duty of the notarial officer to demand that the document presented to him for notarization should be signed in his presence. By his admission, the affidavit was already signed by the purported affiant at the time it was presented to him for notarization. Atty. Villamor thus failed to heed his duty as a notary public to demand that the document for notarization be signed in his presence. (Traya Jr. v. Villamor, A.C. No. 4595, Feb. 6, 2004) Q: During their lifetime, the Spouses Villanueva acquired several parcels of land. They were survived by their 5 children: Simeona, Susana, Maria, Alfonso, and Florencia. Alfonso executed an Affidavit of Adjudication stating that as the only surviving son and sole heir of the spouses, he was adjudicating to
4.
Note: A notary public shall not: a. execute a certificate containing information known or believed by the notary to be false. b. affix an official signature or seal on a notarial certificate that is incomplete.
Q: What are the limitations to the performance of a notarial act of a notary public? A: A person shall not perform a notarial act if: 1. The person involved as signatory to the instrument or document is: a. Not in the notary's presence personally at the time of the notarization; and (Sec. 2(b)(1), Rule IV, A.M. No. 02-8-13-SC) Not personally known to the notary public or otherwise identified by the
b.
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
3.
Is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree. (Sec. 3, Rule IV, A.M. No. 02-8-13-SC) (1995 Bar Question)
Note: The function of a notary public is, among others, to guard against any illegal or immoral arrangements. That function would be defeated if the notary public is 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, A.C. No. 3224, Feb. 9, 2000)
Q: When may a notary public refuse to notarize even if the appropriate fee is tendered? A: 1. The notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral; The signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act; In the notary's judgment, the signatory is not acting of his or her own free will; (Sec. 4, Rule V, A.M. No. 02-8-13-SC) or If the document or instrument to be notarized is considered as an improper document by the Rules on Notarial Practice.
2.
3.
4.
Note: Improper instrument/document is a blank or incomplete instrument or an instrument or document without appropriate notarial certification. (Sec. 6, Rule V, A.M. No. 02-8-13-SC)
Q: When is a notary public disqualified from performing a notarial act? A: When the notary public: 1. Is a party to the instrument or document that is to be notarized; 2. Will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by the Rules on Notarial Practice and by law; or
A: It refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public.(Sec. 5, Rule II, A.M. No. 02-8-13-SC) Q: What is the form of notarial register? A: A notary public shall keep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official notarial
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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reasons and circumstances for not completing a notarial act (Sec. 2(b), Rule VI, A.M. No. 02-8-13-SC) c. the circumstances of any request to inspect or copy an entry in the notarial register, including the requester's name, address, signature, thumbmark or other recognized identifier, and evidence of identity. (Sec.2(c),Rule VI, A.M. No. 02-813-SC)
Note: The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded. (Ibid.)
When the instrument or document is a contract, keep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number, beginning with number one in each calendar year. (Sec.2(d),Rule VI, A.M. No. 02-8-13-SC) Note: He shall also retain a duplicate original copy for the Clerk of Court.
(Ibid.)
In case of a protest of any draft, bill of exchange or promissory note, make a full and true record of all proceedings in relation thereto and shall note therein whether the demand for the sum of money was made, by whom, when, and where; whether he presented such draft, bill or note; whether notices were given, to whom and in what manner; where the same was made, when and to whom and where directed; and of every other fact touching the same. (Sec. 2(f), Rule VI, A.M. No. 02-8-13-SC) At the end of each week, the notary public shall certify in his notarial register the number of instruments or documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall show this fact. (Sec. 2(g), Rule VI, A.M. No. 02-8-13-SC)
f.
Note: A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged before the notary public shall, within the first ten (10) days of the month following, be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
SC) Q: May a notary public refuse the request of inspection for register of deeds? A: Yes. if the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information from the notarial register, the notary shall deny access to any entry or entries therein. (Sec. 4(c), Rule VI, A. M. No. 02-8-13-SC) Q: State the rule in case of loss, destruction or damage of notarial register. A: 1. In case the notarial register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary public shall, within ten (10) days after informing the appropriate law enforcement agency in the case of theft or vandalism, notify the Executive Judge by any means providing a proper receipt or acknowledgment, including registered mail and also provide a copy or number of any pertinent police report. Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial register and notarial records shall immediately be delivered to the office of the Executive Judge. (Sec. 5, Rule VI, A. M. No. 02-8-13-SC)
Q: Who shall sign or affix a thumbmark in the notarial register? A: At the time of notarization, the notary's notarial register shall be signed or a thumb or other mark affixed by each: a. principal; b. credible witness swearing or affirming to the identity of a principal; and c. witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person physically unable to sign. Sec. 3,Rule VI, A.M. No. 02-8-13-SC) Q: Can any person inspect an entry in the notarial register? A: Yes, provided: 1. The inspection is made in the notarys presence; 2. During regular business hours 3. The person's identity is personally known to the notary public or proven through competent evidence of identity as defined in these Rules; 4. The person affixes a signature and thumb or other mark or other recognized identifier, in the notarial .register in a separate, dated entry; 5. The person specifies the month, year, type of instrument or document, and name of the principal in the notarial act or acts sought; and 6. The person is shown only the entry or entries specified by him. (Sec.4(a), Rule VI, A.M. No. 02-8-13-SC) Q: May a law enforcement officers examine the notarial register? A: Yes, the notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of a court order. (Sec. 4(b), Rule VI, A. M. No. 02-8-13-SC)
Note: The notary public shall supply a certified true copy of the notarial record, or any part thereof, to
2.
E. JURISDICTION OF NOTARY PUBLIC AND PLACE OF NOTARIZATION Q: What is the jurisdiction of a notary public? A: A notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court. Q: What is the phrase regular place of work or business of a notary public mean? A: The regular place of work or business refers to a stationary office in the city or province wherein the notary public renders legal and notarial services. (Sec. 11, Rule II, 2004 Rules on Notarial Practice)
Note: Under the Notarial Law, the jurisdiction of a notary public is co-extensive with the province for which he was commissioned; and for the notary
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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Q: What is competent evidence of identity? A: It refers to the identification of an individual based on: 1. At least one current identification document issued by an official agency bearing the photograph and signature of the individual such as but not limited to: a. b. c. Passport, Drivers license, Professional Regulation Commission ID, d. National Bureau of Investigation clearance, e. Police clearance, f. Postal ID, g. Voters ID, h. Barangay Certification, i. Government Service Insurance System e-card, j. Social Security System card, k. Philhealth card, l. Senior Citized card, m. Overseas Workers Welfare Administration (OWWA) ID, n. OFW ID, o. sea mans book, p. alien certificate of registration, q. government office ID, r. certification from the National Council for the Welfare of Disabled Persons (NCWDP), s. Department of Social Welfare Development (DSWD) certification; or 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 of two 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. (Amendment to Sec. 12 (a), Rule II of the 2004 Rules on Notarial Practice, Feb. 19, 2008).
Q: Can a notary public perform a notarial act outside his jurisdiction and his regular place of work or business? A: GR: A notary public shall not perform a notarial act outside his jurisdiction and his regular place of work or business. XPN: A notarial act may be performed at the request of the parties in the following sites, other than his regular place of work or business, located within his territorial jurisdiction: 1. Public offices, convention halls, and other appropriate public places for the purpose of administering oaths of office; (Sec. 2, Rule IV, A. M. No. 02-813-SC) At the request of the parties, public function areas in hotels and other appropriate places for the signing of the contracts, deeds, and other documents requiring notarization; (Ibid.) Residence of any party of a contract, deed, or other document requiring notarization; (Ibid.) Hospitals and other medical institutions where a party to a contract is confined for treatment; (Ibid.) Any place where for legal reason a party to a contract, deed, or other document requiring notarization may be confined, (Ibid.) and; Such other places as may be dictated because of emergency.(1996 Bar Question)
2.
3.
4.
5.
6.
Note: It is improper for a notary public to notarize documents in sidewalk since it is now required that a notary public should maintain a regular place of work or business within the city or province where he is commissioned. The SC evidently wants to eradicate the practice of fly by night notaries public who notarized documents in improvised offices.
Note: These are in addition to the presentation of the signatories Community Tax Certificate (CTC) as required by Notarial Law (Act 2711). Notaries public are required by the Notarial Law to certify that the party to the instrument has
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY
Q: Atty. Regino Tamabago notarized a last will and testament under which, the decedent supposedly bequeathed his entire estate to his wife, save for a parcel of land which he devised to Vicente Lee, Jr. and Elena Lee, half siblings of Manuel Lee, the complainant. The will was purportedly executed and acknowledged before respondent on June 30, 1965. However, the residence certificate of the testator noted in the acknowledgment of the will was dated January 5, 1962. There is also absence of notation of the residence certificates of the purported witnesses. Did Atty. Regino Tamabago violate any of the duties of a notary public? A: Atty. Tamabago, as notary public, evidently failed in the performance of the elementary duties of his office. There is absence of a notation of the residence certificates of the notarial witnesses in the will in the acknowledgment. Further, the notation of the testators old residence certificate in the same acknowledgment was a clear breach of the law. The Notarial Law then in force required the exhibition of the residence certificate upon notarization of a document or instrument. By having allowed decedent to exhibit an expired residence certificate, Atty. Tamabago failed to comply with the requirements of the old Notarial Law. As much could be said of his failure to demand the exhibition of the residence certificates of notarial witnesses. Defects in the observance of the solemnities prescribed by law render the entire will invalid. (Manuel Lee v. Atty. Regino Tamabago, A.C. No. 5281, Feb. 12, 2008) G. REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS Q: Who can revoke a notarial commission? A: The notarial commission may be revoked by 1. The Executive Judge of the RTC who issued the commission on any ground on which an application for commission may be denied (Sec. 1, Rule XI, A.M. No. 02-8-13SC,) or; By the Supreme Court itself in the exercise of its general supervisory powers over lawyer.
Q: Is a community tax certificate still a competent evidence of identity? A: No. A notary public can no longer accept a cedula or a community tax certificate (CTC), the successor document to the residence certificate originally required by the Notarial Law as proof of identity. Such does not even contain a photograph of the person to whom it is issued. Further, CTC may be easily obtained by anyone, without any supporting papers, thereby debasing its value as an identity document.
Note: In the list of grounds for disqualification of persons running for any local elective position under Section 40 of the LGC, nowhere therein does it specify that a defective notarization is a ground for the disqualification of a candidate. Thus, presentation of CTC before the notary public, in compliance with the requirement of presentation of competent evidence of identity, though improper, does not in itself warrant the disqualification of a candidate to run for any elective position. (Amora, Jr. v. Comelec, G.R. No. 192280, January 25, 2011)
Q: Is the presentation of Community Tax Certificate no longer necessary in view of the amendment? A: No. Its presentation is still mandatory pursuant to Local Government Code of the Philippines in order to show payment of taxes. Said law provides: When an individual subject to the community tax acknowledges any document before a notary public, takes the oath of office upon election or appointment to any position in the government service; receives any license, certificate, or permit from any public authority; pays any tax or fee; receives any money from any public fund; transacts other official business; or receives any salary or wage from any person or corporation, it shall be the duty of any person, officer, or corporation with whom such transaction is made or business done or from whom any salary or wage is received to require such individual to exhibit the community tax certificate. (Sec. 163, LGC)
2.
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
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2.
Obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and Solicits, coerces, or in any way influences a notary public to commit official misconduct. (Sec. 1, Rule XII, Rule on Notarial Practice)
3.
3.
4. 5. 6.
7.
8.
Fails to identify a principal on the basis of personal knowledge or competent evidence; 9. Executes a false or incomplete certificate under Section 5, Rule IV; 10. Knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and 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.(Sec. 1, Rule XI, Rule on Notarial Practice) Q: What are punishable acts under the 2004 Rules on Notarial Practice? A: The Executive Judge shall cause prosecution of any person who knowingly: 1. the
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LEGAL ETHICS TEAM: ADVISER: JUDGE PHILIP A. AGUINALDO & ATTY. MARIAN JOANNE K. CO- PUA SUBJECT HEAD: THEENA C. MARTINEZ; ASST. SUBJECT HEADS: JEANELLE C. LEE; DIVINE C. TEE MEMBERS: MARINETH EASTER AN D. AYOS, MARC ROBY G. DE CHAVEZ, JOANNA PENADA, GRETCHEN C. SY