Art. 892.

If only one legitimate child or descendant of the deceased

survives, the widow or widower shall be entitled to one-fourth of the
hereditary estate. In case of a legal separa- tion, the surviving spouse may
inherit if it was the deceased who had given cause for the same.
If there are two or more legitimate children or descend- ants, the surviving
spouse shall be entitled to a portion equal to the legitime of each of the
legitimate children or descend- ants.
In both cases, the legitime of the surviving spouse shall be taken from the
portion that can be freely disposed of by the testator. (834a)
Art. 894. If the testator leaves illegitimate children, the surviving spouse
shall be entitled to one-third of the heredi- tary estate of the deceased and
the illegitimate children to another third. The remaining third shall be at
the free dis- posal of the testator. (n)
COMMENT:Surviving Spouse with Illegitimate Children
Example: A leaves 2 acknowledged natural children B and C, and a surviving
spouse D. How much can A in his will give to a stranger E? The estate is
P900,000.
ANS.: A can leave P300,000 to stranger E. Reason: D gets one-third or P300,000
as her legitime; B and C each gets P150,000 producing a total of P300,000 for
the two of them. Hence, only one-third of the estate or P300,000 remains at the
free disposal of A. Note that under the premises given, there are neither
legitimate children or descendants; nor legitimate parents or ascendants.
Art. 897. When the widow or widower survives with le- gitimate children or
descendants, and acknowledged natural children, or natural children by
legal fiction, such surviving spouse shall be entitled to a portion equal to
the legitime of each of the legitimate children which must be taken from
that part of the estate which the testator can freely dispose of. (a)
COMMENT:Surviving Spouse Concurring with Children
Example: If there are 5 legitimate children, one ac- knowledged natural child,
and one surviving spouse and the hereditary estate is P1 million, how much is

the legitime of the surviving spouse?

346
ANS.: She gets P100,000, which is also the legitime of each legitimate child in
the problem given.
[NOTE: Art. 897 does not apply when there is only one legitimate child, because
in such a case, the surviving spouse gets one-fourth the same share as the
estate. (Art. 892). She should not be given the same share as the lone legitimate
child because if this were so, the acknowledged natural child would be left
without a legitime.].
[NOTE: There is no distinction between the natural and spurious child under the
Family Code.].

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD

CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRTUMSTANCES.
Rule 22.01 -A lawyer may withdraw his services in any of the following cases:
a) When the client pursues an illegal or immoral course of conduct in connection
with the matter he is handling;
b) When the client insists that the lawyer pursue conduct violative of these
canons and rules;
c) When his inability to work with co-counsel will not promote the best interest of
the client;
d) When the mental or physical condition of the lawyer renders it difficult for
him to carry out the employment effectively;
e) When the client deliberately fails to pay the fees for the services or fails to
comply with the retainer agreement;
f) When the lawyer is elected or appointed to public office; and
g) Other similar cases.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE

FEES.

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his
compensation and shall resort to judicial action only to prevent imposition,
injustice of fraud.

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Rule 14.01 - 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 14.02 - 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.
Rule 14.03 - A lawyer may not refuse to accept representation of an indigent
client unless:
a) he is in no position to carry out the work effectively or competently;
b) he labors under a conflict of interest between him and the prospective client
or between a present client and the prospective client;
Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his
professional fees shall observe the same standard of conduct governing his
relations with paying clients.

ii. In determining the reasonableness of such [attorneys] fees, this Court in

a number of cases has provided various criteria which, for convenient
guidance, we might collate thusly:
a) the quantity and character of the services rendered;
b) the labor, time and trouble involved;
c) the nature and importance of the litigation;
d) the amount of money or the value of the property affected by the controversy;
e) the novelty and difficulty of questions involved;

f) the responsibility imposed on counsel;

g) the skill and experience called for in the performance of the service;
h) the professional character and social standing of the lawyer;
i) the customary charges of the bar for similar services;
j) the character of employment, whether casual or for establishment client;
k) whether the fee is absolute or contingent (it being the rule that an attorney
may properly charge a higher fee when it is contingent than when it is absolute);
and
l) the results secured.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND

LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
Rule 15.01 - A lawyer, in conferring with a prospective client, shall ascertain as
soon as practicable whether the matter would involve a conflict with another
client or his own interest, and if so, shall forthwith inform the prospective client.
Rule 15.02 - A lawyer shall be bound by the rule on privilege communication in
respect of matters disclosed to him by a prospective client.
Rule 15.03 - A lawyer shall not represent conflicting interests except by written
consent of all concerned given after a full disclosure of the facts.
Rule 15.04 - A lawyer may, with the written consent of all concerned, act as
mediator, conciliator or arbitrator in settling disputes.
Rule 15.05 - A lawyer when advising his client, shall give a candid and honest
opinion on the merits and probable results of the clients case, neither
overstating nor understating the prospects of the case.
Rule 15.06 - A lawyer shall not state or imply that he is able to influence any
public official, tribunal or legislative body.

Rule 15.07 - A lawyer shall impress upon his client compliance with the laws
and principles of fairness.
Rule 15.08 - A lawyer who is engaged in another profession or occupation
concurrently with the practice of law shall make clear to his client whether he is
acting as a lawyer or in another capacity.

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT

AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE
REPOSED IN HIM.

AM 01-10-05-SC Aministrative memorandum for for the implementation of

court annexed mediation