Legal Ethics (Funa Book) - Atty. Funa (Haulo, Ampong, Rico)
Legal Ethics (Funa Book) - Atty. Funa (Haulo, Ampong, Rico)
De La Salle University
College of Law
Reviewer in
Legal Ethics
Source Book:
Legal and Judicial Ethics
Dennis B. Funa
2010 Ethics Committee:
Alpha Ampong
Oily Haulo
Danilo Rico II
This is the Intellectual Property of the De La Salle College of
Law- 2010 Legal Ethics Committee.
Unathourized use and reproduction of this material is
prohibited.
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PENALTY:
Contempt committed against: RTC/CA/SC: fine not
exceeding 30,000 pesos or imprisonment not
exceeding 6 months or both.
Lower court: fine not exceeding 5,000 pesos or
imprisonment not exceeding 1 month or both.
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Summary dismissal:
If the acts of the party or his counsel clearly
constitute wilful and deliberate forum shopping, the
same shall be ground for summary dismissal with
prejudice and shall constitute direct contempt, as well
as a cause for administrative sanctions.
Rule on forum shopping applies only to judicial
cases and not to administrative and disbarment cases
(well, disbarment actions are administrative
proceedings)
[Even in the judiciary] the rule requiring a
Certificate of Non-Forum Shopping may be relaxed
when so warranted
Willful intent is required: when theres no
intention on the part of the lawyer to mislead the
court, he cant be sanctioned
Literal identity of the parties is not required: Its
sufficient that there is identity of interests
represented
[Illustration] Thus, there can be forum shopping
where a party in one cases is the GSIS and the party in
the second cases is the ECC, where the interest of the
GSIS was affirmed by the ECC
Certificate of Non-Forum Shopping is executed by
the party, not the counsel:
If executed by the counsel, its defective
equivalent to a non-compliance with the requirement
Rationale: it is the party himself who would be in a
position to know whether another case had been filed
or not
Res judicata distinguished from Forum shopping:
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Illustration:
The excuse that the counsel was suffering
from hypertension was not accepted, as the counsel
could have informed the court in due time
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Illustration:
- 50% contingency rate was not considered exorbitant
where it was determined that the litigation was
difficult
- 18% of the P214 million claim which amounts to
P38.5 million was found excessive as the lawyer was
only tasked to file only one memorandum and his
professional standing was not such.
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Turn-Over
after
Mike
Rocky
Nilo
Garcia
Atom
Elle
Marian
Diana
Shar
Jaye
Chantal
Osh
Ayi
Chip
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