Professional Documents
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Sbu Legal and Judicial Ethics 2021 XV
Sbu Legal and Judicial Ethics 2021 XV
I
2020/21 Edition ~‘ '’
AID
LEGAL AND
JUDICIAL ETHICS
ici thics
Legal Forms
Yflin
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006 c E M‘R
HEHORY A101
TABLE OF CONTENTS
I
RRELI|IIINARIEs ....................................................................................................................................... 1
PRACTICE OF LAW ................................................................................................................................. 1:
LAWYER'$ GATH .....................................................................................................................................
DUTIES ANG RESPONSIBILITIES OF A LAWYER UNDER THE CODE OF PRoEEssIGNAL
RE.sPoNsIeILITY (CPR) .......................................................................................................................... 14
CHAPTER 1; THE LAWYER ANG socIETY ........................................................................................... 15
CANON1: A LAWYER sHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND, AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES ........... 1. . 15
CANON 2; A LAWYER SHALL MAKE HIs LEGAL sERvIcEs AVAILABLE IN AN EFFICIENT
AND GGNvENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE.
INTEGRITY. AND EEEEcTIvENEss GE THE PROFESSION ................................. .. 21
CANON 3; A LAWYER IN MAKING KNOWN HIS LEGAL sERvIcEs SHALL usE GNLY TRUE.
HGNEsT, EAIR. DIGNIFIED ...................................................................................... .. 23
CANON 4; A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT GE THE LEGAL SYSTEM
BY INITIATING GR SUPPORTING EFFORTS IN LAW REFORM AND IN THE
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE ..................................... .. 25
CANON 5; A LAWYER sHALL KEEP ABREAST OF LEGAL DEVELOPMENTS. PARTICIPATE
IN cGNTINuING LEGAL EGucATIGN PROGRAMS. SUPPORT EEEGRTs TG
AcHIEvE HIGH STANDARDS IN LAW SCHOOLS As WELL AS IN THE PRACTICAL
TRAINING OF LAW STUDENTS ANG AssIsT IN DISSEMINATING INFORMATION
REGARGING THE LAW AND JURISPRUDENCE ...................................................... .. 25
CANON 5; THE CANONS UNDER THE CODE GE PROFESSIONAL RESPONSIBILITY sHALL
APPLY To LAWYERS IN GOVERNMENT sERvIcEs IN THE DISCHARGE GE
THEIR OFFICIAL TASKS .................................................................. .............. ...... .5 26
CHAPTER ll: THE LAWYER ANG THE LEGAL PROFESSION ............................................................. 2a
CANON 7: A LAWYER sHALL AT ALL TIMES UPHOLD THE INTEGRITY ANG GIGNITY GE THE
LEGAL PROFESSION ANG SUPPORT THE AcTIvITIEs OF THE INTEGRATEG BAR 28
CANON e; A LAWYER sHALL CONDUCT HIMSELF WITH COURTESY, EAIRNEss. AND
CANDOR TOWARDS HIS PROFESSIONAL cGLLEAGuEs. AND SHALL AvGIG
HARAssING TACTICS AGAINsT OPPOSING COUNSEL ....................................... .. 29
CANON 9; A LAWYER SHALL NGT, DIRECTLY GR INDIRECTLY, AssIsT IN THE
uNAuTHGRIzEG PRACTICE GE LAW ..................................................................... 1. 31
CHAPTER III: THE LAWYER AND THE couRTs ................................ 33
CANON 101A LAWYER OWES GANGGR, FAIRNESS AND GOOD EAITH TG THE cGuRT ..... .. 33
CANON 11; A LAWYER sHALL OBSERVE AND MAINTAIN THE RESPECT DUE To THE cGuRTs
AND To JUDICIAL OFFICERS AND SHOULD INsIsT ON SIMILAR CONDUCT BY
GTHERs ..................................................................................................................... .. 35
CANON 12; A LAWYER SHALL ExERT EvERY EEEGRT AND CONSIDER IT HIs DUTY TG
ASSIST IN THE SPEEDY AND EEEIGIENT AGIWNIsTRATIGN GE JUSTICE ......... .. as
CANON 13: A LAWYER sHALL RELY UPON THE MERITS OF HIS CAUSE ANG REFRAIN FROM
ANY IMPROPRIETY WHICH TENDS To INFLUENCE, GR GIvEs THE
. APPEARANCE GE INFLUENCING THE cGuRT ...................................................... .. 41
CHAPTER IV: THE LAWYER ANG THE CLIENT .................................................................................... 43
CANON 14; A LAWYER sHALL NOT REEusE HIS sERvIcEs TG THE NEEDY ....................... .. 45
CANON 15; A LAWYER SHALL OBSERVE GANGGR. FAIRNESS. AND LGYALTY IN ALL HIS
GEALINGs AND TRANsAcTIGNs WITH HIs CLIENT ............................................. 4' 52
CANON 21; A LAWYER SHALL RREsERvE THE CONFIDENCES AND sEcRE TS OF HIS
CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED ..... .. 59
CANON 16: A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS
CLIENT THAT MAY COME INTO HIS POSSESSION
GANGN 17; A LAWYER GWEs FIDELITY To THE cAusE GE HIISMCLIHENTHANI3IHEISHALL “GE 61
MINDFUL OF THE TRusT ANG CONFIDENCE REPOSED IN HI M ................... .5
CANON 18: A LAWYER SHALL SERVE HIS CLIENT WITH CO MPETENCE ANG GILIGENGEW 54
63
CANON19: A LAWYER sHALL REPRESENT HIs CLIENT WITH ZEAL WITHIN THE aGuNGs
OF THE LAW .............................................................................. .1
CANON 20; A LAWYER sHALL GHARGE GNLY EAIR AND REASONABLE FEEAIEISIIIIIII. """""""""" H (T3;
"fIII“B'I‘I“ET>E cGNTENTs
CANON 22I A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND
UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES ................................. ..
THE INTEGRATED BAR OF THE PHILIPPINES ........ ..
susPENsIGN. DIsBARMENT. AND DIscIPLINE OF L'AW§é'§§"IZIIIIIlIl1III1lIIl...................................... - fig
ELGWGHART FOR DIsBARMENT AND DIscIPLINE GE ATTORNEYS
RULES GE PROCEDURE OF THE cGMMIssIGN GN BAR DIscIPLINE Gi=“TH'E"I'Ia'P. As
CLARIFIED BY B.M.11
READMISSON To THE.......................
BAR ......................................................................................... .. 96
97
@
PRELIMINARIES ........................................................................................................................................ 112
THE NEW CODE OF .IuDIcIAL cGNDucT EGR THE PHILIPPINE JUDICIARY ................................... 113
CANON 1; INGEPENGENGE .......................................................................................................... .1 114
CANON 2; INTEGRITY ..................................................................................................................... .. 116
CANON 3; IMPARTIALITY ............................................................................................................. .. 120
CANON 4; PROPRIETY .................................................................................................................. .. 126
CANON 5; EQUALITY ....................................................................................................................... .. 134
GANGN 6; COMPETENCE AND DILIGENCE .................................................................................. .. 135
ADMINIsTRATIvE JURISDICTION GE THE suPREME COURT ............................................................ 142
DIsGuALIEIcATIGN GE JUDICIAL OFFICERS (RULE 1:11) .................................................. ............ 142
INITIATIGN GE DIscIPLINARY cHARGEs ............................................................................................. 145
ESTABLISHMENT GE THE JUDICIAL INTEGRITY BGARD (JlB) AND THE CORRUPTION
PREVENTION AND |NvEsTIGATIGN OFFICE (CPIO) (A.M. No. 1a-01-os-sc) .................................... 145
DIscIPLINE GE MEMBERs GE THE BENcH .......................................................................................... 149
LIABILITIES GE A JUDGE ........................................................................................................................ 152
RULE 140 vs. A.M. NG. 1a-01-05-sc .............................................................................................. 156
U£,'Zl:@;BXt£~.lR_
The following provisions of the Revised Penal
Code Provide for specific acts of lawyers that
_ may result to criminal liability:
8. falsification of public or official document.
_ _ y _ e er o exch in '
L993! E‘h'°5 '5 the emb°d"“e'“ °I 3" P""0lDles of commercial d::?l:16(:lrt,agi Owetllr ggdthoe
m°Fa|llY a"d Iefinemem ma‘ $h°"'d 90\/em the introduction of false documents in an
conduct of every member of the bar. It has also been judicial proceeding (Art 172) y
bF°<3d|Y defimd aS_me"""'"9 sp'm°fth9 Pf°f9$$i0l1. b. Malicious breach of professional duty or
Whilih "mils Ye‘ "PMS '1 35 3 |iVe|ih00d-" inexcusable negligence or ignorance which
_ _ _ I prejudices the client, and reveIat' f
Specifically, it is a branch of moral science which of the secrets of the client learngrd (byagr):
"eats °f the dunes wh'°h an a“°meY 0W85 10 the attorney in his professional capacity (Art
court. to his client. to his colleagues in the 209)_ '
pr0fe$SiOfl. and I0 the Public (AGPALO, Legal and c. Swindln rE t f Art 315
Judicial Ethics (2020), p.2 (hereinafter, AGPALO, ' g O sa a( ' )'
Legal and Judicial Ethicsj).
S. Civil Code of the Philippines
BASIS OF PHILIPHNE LEGAL ETHICS a. AITICIG. 1491 of the Civil Code directly
prohibits attomeys and other officers and
1. The Code of Professional Responsibility employees connected with the
lt is the embodiment into one Code of the adm'"i$"a“°" °fi"$“°° 7'°"l 3
vanous pertinent and subsisting Mes‘ purchase, even at public. or judicial
cquiring by
auction,
guidelines, and standards on the rule of conduct the p'9penY am! "QMS I" |i"9a"°" 0' |e‘/led
of lawyers Whig, must be observed by an upon in execution within whose jurisdiction
members of the Bar in the exercise of their °r “’_"“°'Y they exemise ‘hell’ "B$D@¢li\/9
profession whether in or out of the court as we" IUITCIIOHS,' this
' prohibition
' ' I applies
' to lawyers,
as in their public and private lives (PINEDA, ~w'm respecuome pI°Pe'tY alld rights which
Legai Ethics Annotated (2009). pp 2_3 may be the object of any litigation in which
[hereinatter, PINEDA, Legal Ethics Annotatedj). "WY may have lake" Pa" by virtue of their
profession (MENDOZA-ARCEGA AND
2_ Rmes of court DECHAVEZ. Legal Ethics (2020), p.24
Rules 135 to 140 provide for the requirements gggfijcgi L M$g€QzA'ARCEGA &
for all applicants for admission to the bar, the b Nude 2208' ofegfia givafsgéde r .d f
Lawyer?’ oath‘ the appearance‘ authority‘ - guidelines‘ when attome ‘s pfcegs esafid
substitution, compensation of attorneys, as well expenses of migauon can bg recovered and
as the enumeration of the duties of attorneys. the “mu of recovery ln an cases the
noun ALFRED E. AQUILIZAN, Over-All Chairperson i NICHOLE vmvs B. SANTOS. <'imiq»mt>ii for .'\t'duIl'!1IIt‘) i RONf\I.YN I\.
GACULA -\d Hoc Dirrctorfor Bar Maltzrs I MARIELLE CIELO B. BELGIRA. Vin‘ Chulfflffivfl /1" F"W"fl' .|I"\§ mlcvo 5- MIGUEL.
Vice ChGl7P¢TSO'
l ri for Operations I ALISSA MARIE D.C. DELOS SANTOS. licc ("huirpcrwn jur Aiidit | CORINA R. TA.\lPUS_ Vice
CM‘ mm fg; S¢¢7flar|'a[| ARVY KEITH N. CHUNG, Vice Chairperson for Logistics i ANTONIO JUN-jUN C. MANALIGOD IV, Vice
Charson or Uembershi ORDAN N CHAVEZ Vice Chairerson or Etectmnit Data ITU(r‘>SlH
SUBJECT COMMITTEE d “ANNAH K“ “R
YMARK O d CAMILLE D. RECALDE, Subje ‘t Chair] MAUREEN NICOLE N. LOCQUIAO an A.
$\1IRANDZADi-II:s‘:ist,:I¢;:bject Chair I GARILISSA ERIN St CAGARA, Subject Eleclmnic Data Prvcvssing I SUBIECT HIQADS: KIN
Aaron!-1A D omusm and ELLAIN G. PEPITO. Legal Ethics] sn'm: ASHIA 0. GANI and FROILAN NIKKO R. CANDELARIA.
udimigihiq MIGUEL R, CABAL UINTO and CLARICEJ ANDAYA Le ul flirms
SUBJECT MEMBERS
JULIE M. DE GARCIA, MARIA VERONICA C. PONCE, JOSEPH ASHLEY S. DEE, AI.~NOOR MAJEED B. DISALO and MAXIN A.
SANIILLAN -
justice MARIA THERESA V. MENDOZA-ARCEGA, Atty.]OSEPII FERDINAND M. DECHAVEZ, and Atty._|ONAS CABOCHAN
LEGAL ETHICS
Legal and Judicial Ethics
maintained until retirement from the practice Of 7. No charges against him, involving Mora“
law. Accordingly, it is expected that every " turpitude, have been filed or are pending in
lawyer, being an officer of the Court. must not any court in the Philippines (RULES OF
only be in fact of good moral character. but must COURT, RULE 138, Sec. 2);
also be seen to be of good moral character and 8. Must have complied with the Academic
leading lives in accordance with the highest requirements: (UA-4)
moral standards of the community (Tumbaga v. a. Had pursued and satisfactorily Cornpleted in
Atty. Teoxon, A.C. No. 5573. /V0V9mb9f 21. an authorized and recognized University or
2017). college which requires for admission the
completion of a 4-year high school course;
Resident of the Philippines; b. The course of study prescribed therein for a
At least 21 years of Age; Bachelor's degree in Arts or Sciences; and
Qitizen of the Philippines; c, A A-year bachelor's degree in law with
completed courses in civil law, commercial
Filipino Citizen Who Graduated Abroad May law, remedial law, criminal law, public and
Take the Philippine Bar Examinations private international law, political law, labor
in a Bar Matter No. 1153, dated March 9, 2010. law and social legislation, medical
the Court approved the proposed amendment to jurispmdence, taxation and legal ethics
Sections 5 and 6, RULE 138 of the Rules of (RULES OF COURT, RULE 138, Secs 5 8.
Court. 6, as amended by B.M. No. 1153). ‘
Main Amendment to Section 5: A: Filipino NOTE: Bar Matter No. 1153 made the following
citizen who graduated from a foreign law school amendments: In Section 6, the requirement
shall be admitted to the bar examinations only before commencement of the study of law is
upon submission to the SC of certifications explicitly. stated: that an applicant had pursued
showing: (CAF) ' _ and satisfactorily completed in a recognized
a. Completion of all Qourses leading to the university or college the completion of a 4-year
degree of Bachelor of Laws or its equivalent high school course, the course of study
degree; - ,
b. Recognition or Accreditation of the law prescribed therein for a Bachelor's degree in
school by the proper authority; and Arts or Sciences. in addition, ‘a Filipino who
c. Completion of all the fourth-year subjects in completed and obtained his orher Bachelor of
the Bachelor of Laws academic program in Laws degree or itsequivalent in a foreign law
a law school duly I recognized by the school must present proof of having completed
Philippine govemment (B. M. No. 1153). a separate bachelor's degree course (DIZON,
supra at 268-269).
Must produce before the SC satisfactory
Evidence of good moral character; ' 9. Take ~ the Lawyer's Qath (RULES OF
Pass the §ar examinations; ( COURT, RULE 138, Sec. 17); and
10. §ign the Roll of Attomeys and receive from
Passing the Bar Examinations is Not_the the Clerk of Court of the SC a certificate of
Only Qualification license to practice (RULES OF COURT,
An applicant who began his law studies six (6) RULE 138, Sec. 19).
months before obtaining his Associate in Arts
degree is not qualified to take the bar Use of the Title of “Attomey”
examinations. But if due to his false The title of "attomey" is reserved to those who,
representations, he was allowed to take it, having obtained the necessary degree in the study
luckily passed it, and was thereafter admitted to of law and successfully taken the Bar Examinations,
the Bar, such admission having been obtained have been admitted to the lntegrated_ Bar of the
under false pretenses must be revoked. The fact Philippines and remain members thereof in good
that he hurdled the Bar examinations is standing; and it is they only who are authorized to
immaterial. Passing such examinations is not practice law in this jurisdiction. Persons who pass
the only qualification to become an attorney-at- the Sharla Bar are not full-fledged members of the
law; taking the prescribed courses of legal study Philippine Bar, hence may only practice law before
in the regular manner is equally essential (In the Shari'a courts (Alawi v. Alauya, A.M. No. SDC-97-2-
Matter of the Petition for Disbarment of P, February 24, 1997).
Telesforo Diao v. Martinez, A.C. No. 244, March
29, 1963). - Respondent's defense that he used the title "Atty." in
good faith does not exonerate him from liability.
Respondent should know that a mere law graduate
Meiriinv AID
sari Be-an umvwtv Colvqv 04 Llw - RGCT Ber Opnniiom Cantu
NOTE: Good moral character iswhat a person EFFECTS OF LOSS AND RE-
really is, as distinguished from good reputation, ACQUISITION OF PHILIPPINE
the estimate in which he is held by the public in CITIZENSHIP ,
the place where he is known (In the Matterof the The loss of Philippine citizenship ipso jure
Disqualification of Bar Examinee Haron S. terminates the privilege to practice law in the
Meling ln the 2002 Bar Examinations and For Philippines (ln Re: Dacanay, B.M. No. 1678,
Disciplinary Action As Member of The Philippine December 17, 2007).
Shari'a Bar, B. M. No. 1154, June 8, 2004).
However, pursuant to R.A. No. 9225 or ‘The
Possession of good moral character is not only Citizenship Retention and Re-acquisition Act of
required of those who aspire to be admitted in 2003,’ a Filipino lawyer who becomes a citizen of
the practice of law. It is a continuing requirement another country is deemed never to have lost his
in order for a lawyer to maintain his or her Philippine citizenship if he reacquires it in
membership in the bar in good standing accordance with said law. Nevertheless, his right to
(Buenaventura v. Gille, A.C. No. 7446 practice law does not automatically accrue. He
December 9, 2020). must first secure authority from the SC upon
compliance with the following conditions: (UTIlllO)
The Purposes for the Requirement of Good 1. The Updating and payment in full of annual
Moral Character are: (PICE) membership dues in the IBP;
a. To protect the Public; 2. Payment of professional Iax;
b. To protect public tmage of lawyers; 3. Completion of at least 36 credit hours of
To protect prospective Qlients; and Mandatory Continuing Legal Education (MCLE);
9-9 To protect Errant lawyers from themselves and
(Dantes v. Dantes, A.C. 4. Retaking of the lawyer's Qath (In re Dacanay,
No. 6486, September 22, 2004). B.M. No. 1678, December 17, 2007).
7. Qitizenship (Petition for Leave to Resume
Practice of Law, B.M. No. 1678, December 17. NOTE: Compliance with these conditions will
2007). restore his good standing as a member of the
Philippine bar (ld.).
LEGAL ETHICS
Legal and Judicial Ethics
13, t 2019, Retrieved from conducting the trial of his case. He cannot, after
https://sc.)udiciary.gov.ph/5 726/). judgment, claim that he was not properly
represented regard (AGPALO, supra at 45).
Under.Section 3 of the Revised Rule, a law student
shall apply for and secure a Level 1 or Level 2 An attomey who is othenivise disqualified to practice
Certification. as the case may be, in order to be law or has been disbarred or suspended from
permitted to engage in any of the activities under the practice, can validly prosecute or defend his own
Clinical Legal Education Program of a la'w school. litigation, he having as much rights as that of a
layman in that regard (AGPALO, supra at 45-46).
Once the law student is certified, the certificate
number must be used in signing briefs, pleadings,
letters, and other similar documents produced under NON-LAWYERS IN ADMINISTRATIVE
the direction of the supervising lawyer (MENDOZA- TRIBUNALS AND LABOR TRIBUNALS
ARCEGA 8- DECHA VEZ, supra at 101). 1. Before the _N_LRC — a non-lawyer may appear
before the NLRC or any Labor Arbiter if helshez
MAIN DISTINCTIONS BETWEEN LEVEL (HOM'C)
1 AND LEVEL 2 CERTIFICATIONS b. Represents flimselflherself as party to the
case; ‘
Levgifri eei1in'eeiiehT.*3 c. Represents a legitimate labor Qrganization
. _..._ .. , ~ Z, i'1_f}¢_.._’-'Ié".v:__; ;f;;_‘.f_ which is a party to the case;
“He lllfllmlll" Amdsmls .Reitult°FW,t'!Slfet.-Q. ("Q3
an-. d. Represents a Member or members of a
.-;I? 1- Law Student Must yfiornpliptei _‘;_‘;j7\. legitimate labor organization that is existing
First-year law courses Third-year law courses within the employer's establishment who are
parties to the case;
e. A duly-accredited Member of any legal aid
As to the-Validity of the cenihee:ie_iii'ft%;'}_;.f office recognized by the Department of
Justice or integrated Bar of the Philippines;
Before all courts, quasi- Before all courts, quasi- or
judicial and judicial and f. The owner or president of a Qorporation or
administrative bodies administrative bodies. establishment which is a party to the case
within the judicial (2011 NLRC Rules of Procedure, Sec. 6,
region where the law Par. (b)). ~
school is located.
(A.M. No. 19-03-24~SC, Sec. 3 & 4) 2. A non-lawyer may represent a party before the
Qepartment of Agrarian Reform Adjudication
NON-LAWYERS IN COURTS Board (DARAB) (DARAB RULES OF
PROCEDURE, Rule VII, Sec. 1).
1. In Criminal Cases Before the MTC — In a
locality where a duly licensed member of the Bar 3. Any official or other person Appointed or
is not available, the judge may appoint a non- designated in accordance with law to appear
lawyer who is: (RPA) for the Govemment of the Philippines or any of
a. A Resident of that province; and its officials (RULES OF COURT, Rule 138, Sec.
b. Of good repute for Erobity and Ability to aid ' 33).
the accused (RULES OF COURT, Rule
116, Sec. 7). NOTE: Those mentioned above are allowed to
2. In Civil Cases Before the MTC - A party may appear only in certain cases. They do not practice
conduct his case or litigation in person with the law when they do (AGPALO, supra at 43).
aid of an agent or friend appointed by him
(RULES OF COURT, Rule 138, Sec. 34). WHEN SELF-REPRESENTATION IS
3. In Civil Cases Before Any Other Court -A
party may conduct his litigation personally. But PERMITTED -
if he gets someone to aid him, that someone 1. Civil Cases - An individual litigant has the right
must be an authorized member of the Bar . to conduct his litigation personally (RULES OF
(RULES OF COURT, Rule 138 Sec..34). COURT, Rule 138, Sec. 34).
4. Before a Cadastral Court - a non-lawyer may 2. Criminal Cases - In grave and less grave
represent a claimant before the Cadastral Court offenses, an accused who is a layman must
(Act No. 2259, Sec. 9). always appear by counsel; he cannot conduct
his own defense, as his right to counsel may not
NOTE: A non-lawyer conducting his own be waived without violating his right to due
litigation is bound by the same rules in process of law.
LEGAL ETHICS
Legal and Judicial Ethics
NOTE: However, the accused may defend 2. in mediation proceedings, a party may
himself in person when it sufficiently appears to designate a IHWYQT Of any other person te
the court that he can properly protect his rights provide assistance in the mediation. A lawyer or
without the assistance of counsel (RULES OF this right shall be made in writing by the party
COURT, Rule 115, Sec. 1(c)). waiving it. A waiver of participation or legal
representation may be rescinded at any time
LIMITATIONS ON APPEARANCE OF '(R.A. No. 9285, Sec. 14). In international
NON-LAWYERS BEFORE THE COURTS: arbitration conducted in the Philippines, a party
may be presented by any person of his choice.
1. He must confine his work to non-adversary Provided, that such representative, unless
contentions. He should not undertake purely admitted to the practice of law in the Philippines_
legal work such as the examination or cross- shall not be authorized to appear as counsel in
examination of witnesses. or the presentation of any Philippine court, or any other quasi-judicial
evidence; body whether or not such appearance is in
2. His services should not be habitually rendered; relation to the arbitration in which he appears
and (R.A. No. 9285, Sec. 22). This rule shall also
3. He should not charge or collect attorney's apply in domestic arbitration (R.A. No. 9285,
fee (PAFLU v. Binalbagan lsabela Sugar Co.. Sec. 33).
G.R. No. 23959, November 29, 1971).
NOTES: "
1. If the court determines that a party cannot
properly present his/her claim or defense and
needs assistance. the court may, in its
discretion, allow another individual who is not an
attomey to assist that party upon the latter's \
consent (ld.).
Quin"
. l.4. .'.5. '.§I.:.@. :'!“:¥.)./. .t’~. !. [.>. .
DISTINGUISHED FROM PARTNER$|-||p a. Petition for jnjunction (AGPALO, supra at
56);
FOR THE EXERCISE OF LEGAL b. Contempt of Court (ld.); and
PROFESSION c. Criminal Complaint for fistafa for falsely
A partnership for the practice of law is not a legal representing himself to be an attomey (ld.).
entity. it is a mere relationship or associatien for a
particular purpose. It is not a partnership formed for
the purpose of carrying on a trade or business or of
holding a property (ALBANO, supra at 19). PUBLIC OFFICIALS AND
ln the fonnation of a partnership for the practice of PRACTICE OF LAW
law, no person should be admitted or held out as a
practitioner or member who is not a member oi the
legal profession duly authorized to practice, and
amenable to professional discipline (ld.). GENERAL RULE: The appointment or election of an
attomey to a govemment office generally
Partnership between lawyers and members of other disqualifies him from engaging in the private practice
professions or non-professional persons should not of law (Ramos v. Rada, A.M. No.. 202, July 22,
be formed‘ or permitted where any part of the 197." \_
partnership s employment consists of the practice of
law (CANONS OF PROFESSIONAL ETHICS,~ F.Y(IPI’I ON: Some public officials are not
Canon 33). Qhfllullty disqualified to practice law (Noriega v.
figgp A.C. No. 2266, October 27, 1983).
only for his first term, but also his second and
third (Monares v. Munoz, A.C. No. 5582
January 24. 2017). ' LAWYER’S OATH
TWO THEORIES on THE PROHIBITION
OR DISQUALIFICATION OF FORMER
GOVERNMENT ATTORNEYS " “L 0 do solemnly swear
that l will maintain allegiance to the Republic of
1. Adverse-interest Conflict i the Philippines; I will support its Constitution
~ A former govemment lawyer is enjoined and obey the laws as well as the legal orders of
f'°m TePl9_5e"il"9 8 client in private practice if the duly constituted authorities therein; I will do
the matter is substantially related to a matter that no falsehood, nor consent to the doing of any in
the lawyer dealt with while emplo ed b court; l will not wittingly nor willingly promote or
_ ‘ y y the
government and if the interests of the current sue any groundless, false, or unlawful suit, or
and former clients are adverse (PCGG v, give aid nor consent to the same; I will delay no
Sandiganbayan, G.R. Nos. 151809-12, April 12, man for money or malice, and will conduct
2005); and myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity
2. Congruent-interest Conflict as well to the courts as to my clients; and I
- The disqualification does not involve a impose upon myself this voluntary obligation
conflict at all because it prohibits the lawyer from without any mental reservation or purpose of
representing a private practice client even if the evasion. So help me God."
interests of the former government client and the
new client are entirely parallel (PCGG v. The lawyer's oath is not a mere ceremony or
Sandiganbayan, G.R. Nos. 151809-12, April 1_2, fomiality for practicing law. Every lawyer should at
.2005). all times weigh his actions according to the swom
promises he makes when taking the lawyer's oath
(In Re; ALC. Argosino, B.M. No. 712, March 19,
NOTE: lt must be observed that the adverse- 1997).
Interest conflict applies to all lawyers in that they
are generally disqualified from accepting SIGNIFICANCE: The Lawyer's Oath is a source of
employment in a subsequent representation‘ if the the obligations and duties of every lawyer. It is not a
interests of the former client and the present client mere ceremony or formality that only needs to be
are adverse and the matters involved are memorized as one of the requirements in the
substantially related. On the other hand, congruent- admission to the _Bar. lt is a solemn agreement which
interest representation, unlike adverse-interest reminds the members of the Bar to uphold the rule
conflict, is unique to former govemment lawyers of law and to champion justice at all times. It is a
(PCGG v. Sandiganbayan, G.R. Nos. 151809-12, pledge that must be ingrained in the heart of every
April 12, 2005). lawyer reflecting his actions not only in the practice
of his legal profession but also in his ‘personal life.
Any conduct unbecoming of a lawyer constitutes a
violation of his oath. Any violation of the oath may be
LAWYERS AUTHORIZED punished with either disbarment, or suspension from
the practice of law, or other commensurate
TO REPRESENT THE disciplinary action (Harper v. Ibaflez, A.C. No. 10364
' GOVERNMENT (Notice), September 7, 2020).-
(Office of the Court Administrator v. Ruiz, A.M. did not fulfill (Ouingwa v. Puno, A.C. No. 389_
No RTJ-13-2361. February 2, 2016). February 28, 1967)? , ,,
5. Lawyer taking advantage of _hI§ P°$iii°li as
NOTE: To be the basis of disciplinary action, the chaimian of the college of medicine and asked
lawyer's conduct must not only be immoral, but a lady student to go with him to Manila where he
grossly immoral (Dantes v. Dantes, A.C. No. 6846. had camal knowledge of her under threat that it
September 22, 2004). she refused, she would flunk in all her SUb]8Cl$
(Delos Reyes v. Aznar, A.M. No. 1334,
Moral Character vs. Good Reputation November 28, 1989); _ _
Good moral character is what a person really is, as 6. Concubinage coupled Wm‘ fa'|“i_°,l° 5"PP0rt
distinguished from good reputation or from the illegitimate children (Laguitan v. T/nio, A.M. No,
opinion generally entertained of him, the estimate in 3049, December 4, 1989); __
which he is held by the public in the place where he 7, Abandonment of family and cohabiting with
is known. Moral character is not a subjective temi another woman (Nara? V- Nafag. A.C. No. 3405.
but one which corresponds to objective reality (ln re June 29, 1998); _ _ _
Haron S. Meling, B.M. No. 1154 (Resolution), June 8. A lawyer who defies a wnt of preliminary
8. 2004). injunction has flouted his duties as a member of
the legal profession. He is prohibited from
Gross immorality counseling or abetting activities aimed at
Immoral conduct is gross when it is so corrupt as to defiance of the law or at lessening confidence in
constitute a criminal act, or so unprincipled as to be the legal system (Oronce v. CA, G.R. No.
reprehensible to a high degree, or when committed . 125766, October 19, 1998);
under such scandalous or revolting circumstances 9. Facilitating another person's travel using
as to shock the community's sense of decency (De spurious travel documents (Sebastian v. Calls,
Leon v. Pedrena, A.C. No. 9401, Oct 22, A.C. No. 5118, September 9, 1999); A
2013). Determining whether one's actions is grossly 10. Selling real property which is part of public
immoral depends on the attendant circumstances domain (Po Cham v. Pizarro, A.C. No. 5499,
and prevailing norms of conduct (Cristobal v. August 16, 2005);
Cristobal, A.C. No. 12702, November 10, 2020). 11. Labor Arbiter asking complainant to give him a
portion of the monetary award that may be
NOTE: Gross immorality is not confined to sexual granted thereafter (Abella v. Bam'os, Jr., A.C.
matters. it includes conduct inconsistent‘ with No. 7332, June 18, 2013); and
rectitude, or indicative of corruption, indecency. 12. Contracting a marriage during the subsistence
depravity, and dissoluteness; or is willful, flagrant or of a previous one (Perez v. Katlndig, A.C. No.
shameless conduct showing moral indifference to 5816, March 10, 2015).
opinions of respectable members of the community,
and an inconsiderate attitude toward good order and Acts Which Do Not.Constitute Gross immorality:
public welfare (Anonymous Complaint Against 1. Live-in relationship involving two unmarried
Judge Edmundo P. Pintac, A.M. Nos. RTJ-20-2597. persons with no impediment to marry, even if as
P-204091, RTJ-20-2598, RTJ-20-2599, September a result of such relationship a child was bom out
22, 2020). of wedlock (Arciga v. Maniwang, A.C. No. 1608,
August 14, 1981);
Examples of Grossly immoral Acts: 2. Engaging in premarital sexual relations and
1. Lawyer arranging the marriage of his son to a promising to marry suggests a doubtful moral
woman with whom the lawyer had illicit relations. character but the same does not constitute
After the mamage of the woman to the grossly immoral conduct (Figueroa v. Barranco,
respondent's son, he continued his adulterous Jr., SBC Case No. 519 (Resolution), July 31,
relations with her (Mortel v. Aspiras, G.R. No. L- 1997); '-
9152, December 28, 1956); - 3. Getting married with a man who represented
2. Lawyer inveigling a woman into believing that himself to be single, and later on cutting off ties
they had been married civilly to satisfy his camal with him after becoming .aware of his true civil
desires (Cabrera v. Agustin, G.R. No. L-225, statue (Ui v. Bonifacio, A.C. No. 3319, June 8,
- September 30, 1959); 2000'
3. Seduction of a woman who is the niece of a 4. The lawyer's act of tuming the head of his client
married woman with whom the respondent towards him and kissing her on the lips are
lawyer also had adulterous relations (Royong v. distasteful, or even considered offensive and
Oblena, A.C. No. 376, April 30, 1963); ’ undesirable, but not grossly immoral (Advincula
4. A lawyer who had camal knowledge with a v. Macabata, A.C. No. 7204 (Resolution), March
woman through a promise of marriage which he 7, 2007); and
5. Failure to pay a loan.
i.%I5:-is;‘-< * ' R997 B-11 Ouliltioru Center
disinterested friendly advice, in influencing the RULE 1.04 - A lawyer shall encourage his
criminal, the sick and the injured, the ignorant or clients to avoid, end, or settle a controversy
others, to seek professional legal services; if it will admit of a fair settlement.
5. Searching for unknown heirs and soliciting their
employment of him; An attorney should be a mediator for concord and a
6. Initiating a meeting of the members of club and conciliator for compromise and not an instigator of
inducing them to organize and contest controversy and a predator of conflict (De Ysasi III v.
legislation under his guidance; NLRC, G.R. No. 104599, March 11, 1994).
7. Purchasing notes to collect them by litigation at
a profit; The duty of lawyers to represent their clients with
8. Fumishing credit reports in expectation of zeal goes beyond merely presenting their clients‘
possible employment; and respective causes in court. It is just as much their
9. Agreeing with a purchaser of future interests to responsibility, if not more importantly, to exert all
invest therein in consideration of his services reasonable efforts to smooth over legal conflicts,
(AGPALO, supra at 73). preferably out of court and especially in
consideration of the direct and immediate
NOTE: Volunteering advice to bring lawsuit comes consanguineous ties between their clients. The
within the prohibition, except where ties of blood. useful function of a lawyer is not only to conduct
relationship, and trust make it a duty to do so litigation but to avoid it whenever possible by
(CANONS OF PROFESSIONAL ETHICS, Canon advising settlement or withholding suit (De Ysasi III
28).
v. NLRC, G.R. No. 104599, March 11, 1994).
The parties may enter into a compromise at any Legal Aid is Not a Matter of Charity, But a Public
stage of the proceedings. The settlement of cases in Responsibility
court is authorized and even encouraged by express The legal aid offices established by the IBP
provision of Articles 2028 and 2029 of the Civil Code. throughout the country aims to provide and make
The law does not limit compromise to cases about to available on a nationwide basis legal services in
be filed or cases already pending in courts. That favor of the poor segment of society. it is a means
compromise may be effected even after final for the correction of social imbalance that may and
judgment is impliedly authorized by Article 2040 of often do lead to injustice, for which reason it is the
the Civil Code (Jesalva v. Bautista, G.R. Nos. public responsibility of the bar (Guidelines
11928-11930, March 24, 1959). Governing the Establishment and Operation of Local
Aid Offices in Chapters of the IBP, Art. I, Sec. 1).
CANON 2: A LAWYER SHALL MAKE HIS
NOTE: In 2017, the SC issued A.M. No. 17-03509-
LEGAL SERVICES AVAILABLE IN AN
SC (Community Legal Aid Service Rule) which
EFFICIENT AND CONVENIENT MANNER requires lawyers who passed the bar examinations
COMPATIBLE WITH THE beginning 2017 to render pro bono legal services.
INDEPENDENCE, INTEGRITY, AND The SC, however, suspended the implementation of
EFFECTIVENESS OF THE PROFESSION. said rule on September 03, 2019 in view of, among
other reasons, the implementation of the Revised
Law S_tudent,Practice Rule.
RULE 2.01 - A lawyer shall not reject, except
for valid reasons, the cause of the When May a Lawyer Decline Employment
defenseless or the oppressed. A lawyer should, decline professional employment
regardles_s'of7how attractive the offer may be if his
-Free access to the courts and quasi-judicial bodies acceptance will involve, among others:
and adequate legal assistance shall not be denied to 1. Avlolation, of any of the rules of the legal
any person by reason of poverty (CONST. Art. III,- profession; 1 A‘ 8
Sec.11). ' 2. Advocacy’ in any matter in which he had"
intervened while in the govemment service
REASON: it is the lawyer's prime duty to see to it - (PCGG v. Sandiganbayan, G.R. Nos. 151809-
that justice is accorded to all without discrimination 12. April 12, 2005); .
(PINEDA, supra at 75). 3. Nullification of a contract which he prepared
(Bautista v. Barrios, A.C. No. 258, December 21,
it is the right of the lawyer to undertake the defense 1963);
of a person accused of crime, regardless of his 4. Employment with a collection agency, which
personal opinion as to the guilt of the accused; solicits business to collect claims;
otherwise, innocent persons, victims only of 5. Employment, the nature of which might easily be
suspicious circumstances, might be denied proper used as a means of advertising his professional
defense. Having undertaken such defense, the services _or his skill (Ulep v. Legal Clinic, lnc.,
lawyer is bound, by all fair and honorable means, to BtM. No. 553, June 17, 1993); or r
present every defense that the law of the land 6. Any matter in which he knows or has reason to
permits, to the end that no person may be deprived believe that he or his partner will be an essential
of life or liberty but by due process of law (CANONS witness for the prospective client (Santiago v.
OF PROFESSIONAL ETHICS, Canon 5). Rafanan, A.C. No. 6252, October 5, 20224).
Defenseless RULE 2.02 - In such a case, even if a lawyer
Those who are not in the position to defend does not accept a case, he shall not refuse
themselves due to poverty, weakness, ignorance, or
other similar reasons (PINEDA, supra at 75).
to render legal advice to the person
concerned if only to the extent necessary to
safeguard the latter's rights. -
\.
LEGAL ETHlcg
Legal and Judicial Ethics
I
This is the only exception to the general rule that directly with their clients (In Re: Sycip, GR N0
consultation creates a lawyer-client relationship. X92-1 (Resolution), July 30, 1979). "
Although no lawyer-client relationship is created. 85
when the lawyer categorically refuses to accept a RULE 2.04 - A lawyer shall not charge rates
case, a lawyer is still bound to give legal advi0B I0 lower than those customarily prescribed
the defenseless and the oppressed to protect the unless the circumstances so warrant.
latter's right (FUNA, supra at 51).
REASON: To avoid any demeaning and degrading
“If only to the extent necessary to safeguard the competition, lawyers as much as possible should be
latter's rights" _ in unison in respecting su_ch_ custom or tradition
This means advising a person on what preliminary (PINEDA, supra at 83). This is_aimed against the
steps to take until he has secured the services of practice of "cutthroat competition" which is not in
counsel. However, he shall refrain from giving such keeping with the principle that the practice of law is
preliminary advice if the reason for not accepting the a noble profession and not a trade (MENDOZ,q_
case is that he labors under a conflict of interests ARCEGA & DECHA VEZ, supra at 142).
between him and a prospective client or between a
present client and a prospective one. Extending EXCEPTIONS: Valid justifications, such as when
such legal advice will create and establish an the client is a relative or a fellow lawyer or is §OOl%r
attomey-client relationship between them and may that it would be inhumane to charge him even tn}
violate the rule prohibiting a lawyer from customary rates of attorney's fees (PINEDA, Supra
representing conflicting interests (A GPALO, supra at at-83).
77). . ‘ '
RULE 2.03 - A lawyer shall not do or permit NOTE: What the rule prohibits is the competition in
the matter of charging professionalfees for the
to be done any act designed primarily to purpose of attracting clients in favor of the lawyer
solicit legal business. » '_ ~ who offers lower rates. The rule does not prohibit a
lawyer from charging a‘ reduced fee or none at all to
The rule prohibits professional touting (Id. at 117). a person who would have difficulty paying the fee
usually charged-for such services (AGPALO, supra
The legal profession is a branch of administration of at 115).
justice and not a money-making trade (CANONS OF
PROFESSIONAL ETHICS, Canon 12). As a rule, (a lawyer shall not charge fees lower than
the minimum fees prescribed in the Schedule of
The lawyer degrades himselfand his profession who Minimum Fees of the IBP Chapter. Note, however,
stoops to and adopts the practices of mercantilism that the same shall not preclude lawyers from
by advertising his sen/ices or offering them to the charging fees higher than those in the schedule
public (Ulep v. fire Legal Clinic, lnc., B.M. No. 533,
depending upon their qualification and experience
June 17, 1993). -
and the relative importance of the case
The practice of law is a profession, not a business. (ANTIQUIERA, supra at 25).
The lawyer may not seek or obtain employment by
himself or through others for to do so would be Factors in Detemiining Reasonableness of
unprofessional (Tan Tek Beng v. David, A.C. No. Attorney's Fees: (SNIVEC-R)
1261, December 29, 1983). 1. Amount and character of the §ervices rendered;
2. Nature and importance of the litigation or
Practice of Law Differs from Business Because business in which the services were rendered;
It Involves: (DOCI) - 3. Responsibility imposed; _
1. Quty of public service, of which the emolument 4. Amount of money or the Value of the property
is a by-product, and which one may attain the affected by the controversy or involved in the
highest eminence without making much money; employment; ,
2. A relation as an “Qfficer of the court” to the 5. Skill and Experience called for in ‘ the
administration of justice involving thorough performance of the services;
sincerity, integrity, and reliability; 6. Professional Qharacter and social standing of
3. A relation to the Qlients in the hi hest de ree of the attorney; .
9 9 7. Results secured, among others (Lorenzo v.
fiduciary; and
4. A relation to Qolleagues characterized by Court of Appeals, G.R. No. 85383, August 30.
candor, fairness, and unwillingness to resort to 1990). ~ -
current business methods of advertising and
p encroachment on their practice or dealing
1 \ /
It is likewise unethical for a lawyer to give advice on GENERAL RULE: Solicitation of cases constitutes
legal matters through the medium of a newspaper malpractice. The law prohibits lavlryers from soliciting
column, radio or television program. This is cases for the purpose of gain, either personally or
tantamount to advertising one's profession. A through paid agents or brokers (RULES OF COURT,
possible exception to this is if the program in the Rule 138, Sec. 27).
mass media is sponsored by the IBP legal aid clinic
program (ANTIQUIERA, supra at 26). EXCEPTION: The solicitation of legal business is
not altogether proscribed. However, for solicitation
to be proper, it must be compatible with the dignity
of the legal profession. If it is made in a modest
and decorous manner, it would bring no injury to the
\
' 3:’
If LEGAL ETHlCs
Legal and Judicial Ethics
006
lawyer and to the bar. Thus, the use of simple signs 10. Activity of an Association for the purpose of legaj
statin g the
_ name or names of the lawyers, the office representation; _ _ '
and residence address and fields of practice, as well 11. §elling for publication an article of generaj
as advertisement in legal periodicals bearin ‘the nature on legal subjects; _
same bnet data, are pemiissible. Even the use 9 of
12. §ending upon request his picture for publication
callin 9 cards is
‘ now acceptable. Publication in with the article in law joumal; and
reputable law lists, in a manner consistent with the 13. §ubmitting for publication to a bar association
standards of conduct imposed by the canon, of brief joumal an unsolicited article on a legal subjaq
biographical and infonnative data is likewise (AGPALO at 120-123).
allowable (Khan Jr., v. Simbillo, A.C. Nos. 5299 &
157053 (Resolution), August 19, 2003).
RULE 3.02 - In the choice of a firm name, no
Best Advertising Possible for Lawyers false, misleading or assumed name shall be
A lawyer's best advertisement is a well-merited used. The continued use of the name of a
reputation for professional capacity and fidelity to deceased partner is permissible provided
trust based on his character and conduct (Linsangan that the firm indicates in all its
v. Tolentino, A. C. No. 6672 (Resolution), September communications that said partner is
4, 2009). deceased.
Permissible Forms of Advertising or Solicitation If a partner died, and the continued use of the name
The following are considered as permissible is desired by the surviving partners, the name of the
advertising or solicitation: (WEPUN=lS’LAS‘) deceased may still be "used provided, in ai|
1. flriting legal articles; i communications of the law firm, there is an indication
2. gngaging in business or other occupations that
87) said .partner -is already dead (PINEDA, supra at
except, when such could be deemed‘ improper,
be seen as indirect solicitation, or_ would be the
equivalent of law practice; l '"\ ' The useof across after the name of the deceased
3. Publication in reputable law lists, but only of brief partner is a sufficient indication. It is advisable that
biographical and informative data. The reputable the year of death be also indicated (ld.).
law list must be published primarily for that 4
purpose. It cannot be a mere supplement of a NOTE: The ruling in the In Re: Sycip case that a
magazine or joumal (ld.); " partner's. name, ,upon’his death must be dropped
4. Use of an ordinary professional card; from the firm name because it has the tendency to
exploit its advertising value has been abandoned by
NOTE: Professional calling cards may only Rule,3:02V(FUNA, supra at 66).
contain the following details (N-FATS): - '~
a. Lawyer's Name; ' ‘ I REASON: The reason for allowing the continued
b. Name of the law §irm~_with which he is use of the name of ‘a deceased partner is that all of
connected; the partners, by their joint efforts, contributed to the
c. Address; I 1 goodwill ‘attached to the firm name. This goodwill is
d. Ielephone number, and disturbed by a change in the firm name every time a
e. §pecial branch of law practiced (ld.). partner dies (AGPALO, supra at 126).
5. Notice to other local lawyers and publishing in a The purpose of retaining the name of the deceased
legal joumal of one's availability to act as an partner is to maintain clients who have been
associate for them; provided legal services by the firm (ld.).
6. The offer of free legal services to the indigent,
even when broadcasted over the radio or
tendered through circulation of printed matter to NOTE: Death of a partner does not extinguish the
the general public; client-lawyer relationship with the law firm (B.R
7. §eeking a public office, which can only be held Sebastian Enterprises v. CA, G.R. No. L-41862,
by a lawyer or, in a dignified manner, a position February 7, 1992).
as a full-time corporate counsel;
8. §imple announcement of the opening of a law Use of Lawyer's Name
fil'l'l'l or of changes in the partnership, associates, In his practice of law, a lawyer is not authorized to
firm nam e, or office address, being ' for the use a name other than the one inscribed in the Roll
convenience of the profession; of Attomeys, which is the official record that contains
9. Listing in a phone directory, but not under a the names and signatures of those authorized to
designation of a special branch of law; practice law (Pangan v. Ramos, A.C. No. 1053.
September 7, 1979).
\'
MEMQRY AID .
$lf‘5¢¢fllXW¢'I*Y¢°|9O0°'LflW-R9CTBI000ruui>r\sCentev
LEGAL Err-tics
Legal and Judicial Ethics
This duty carries with it the obligation to be W6" he may be disciplined bythis Court as a member of
informed of the existing laws and to keep abreast the Bar (Vitnolo v. Dasig, A.C. No. 4984, Apr,-j 1
with legal developments, recent enactments, and 2003). - '
jurisprudence (Cerilla v Lezama, A.C. No. 11483.
October 3, 2017). NOTE: The accountability of respondents as officials
performing or discharging their official duties as
Supreme Court Decisions Need Not be lawyers of the Government is always to be
Published In the Official Gazette _ _ differentiated from their accountability as members
It is the bounden duty of counsel as lawyer in active of the Philippine Bar. Thus, the Integrated Bar ofthe
I
law practice to keep abreast of decisions of the Philippines (IBP) has no jurisdiction to investigate
Supreme Court particularly where issues have been government lawyers charged with administrative
clarified, consistently reiterated, and published in the offenses involving the performance of their official
advance reports of Supreme Court decisions (G.R.s) duties (Trovela v. Robles, as Assistant gin, I
and in such publications as the Supreme Court Prosecutor, etaI., A.C. No. 11550, June 4, 2018), I
Reports Annotated and law joumals (De Roy v. CA, Rule 6.01 - The primary duty of a lawyef
G.R. No. 80718, January 29, 1988). engaged in public prosecution is not to
convict but to see that justice is done. The
(Please see discussion on the rules on Mandatory suppression of facts or the concealment af
Continuing Legal Education (MCLE) for witnesses capable of establishing the -
Members of the IBP (B.M. No. 850) on p. 98-99.)
innocence of the accused is highly j
CANON 6: THESE CANONS SHALL reprehensible and is cause for disciplinary ‘I
APPLY TO LAWYERS IN GOVERNMENT action. * ‘
SERVICES IN THE DISCHARGE OF Public Prosecutor I
THEIR OFFICIALTASKS. . . He ls a quasi-judicial officer. He is a representativ E
Applicability of CPR to Lawyers in Government of a sovereignty whose obligation and interest in 3
Service criminal prosecution is not that it shall win a case but
The CPR does not cease to applyto a lawyer simply that justice ishall be done. He has the solemn
because he has joined the govemment service. responsibility to assure the public that while guilt \
Where a lawyer's misconduct "as a govemment shall not escape, innocence shall not suffer (Jose v_ 1
official is of such nature as to affect his qualification Court of Appeals, G.R. No. L-38581, March 31, 1
as a lawyer or to show moral delinquency, he_ may 1976).,
be disciplined as a member of the bar on such
grounds (Lahn Ill v. Mayor, Jr., A.C. No. 7430, NOTE: If the prosecutor has subsequently acquired I
February 15, 2012). information, which should have led to the acquittal or I
the convicted accused, the prosecutor should duly I
REASON: A member ofthe Bar who assumes public relay such information to the proper authorities. 1I
office does not shed his professional obligations Such is the meaning of the duty to see that justice F
(Vitriolo v. Atty. Dasig, A.C. No. 4984, ‘April 1, 2003). is done (FUNA, supra at 87). _ .1
!
Want of moral integrity is to be more severely A public prosecutor should not hesitate to
condemned in a lawyer who holds a responsible recommend to the court the accused's acquittal iftho i
public office (Macoco v. Diaz, A.C. No. 853, June 22, evidence in his possession shows that the accused ;
1940). is innocent. If on appeal by the accused from at
conviction by the trial court he finds no legal basis to I
The temi “public officials" includes elective and sustain the conviction, he should not also hesitate to l
appointive officials and employees, permanent or recommend that the accused be acquitted (Triesta I
temporary, whether in the career or non-career v. Sandiganbayan, G.R. No. 70332-43, Novemberi
service, including military and police personnel, 13, 1986). 1-
whether or not they receive compensation,
rzgardless of amount (R.A. No. 6713, Sec. 3, par. From the viewpoint of legal ethics, it is mandatory for I
I ll public prosecutor to be present at the trial of a‘
criminal case despite the presence of a privatef
Generally speaking, a lawyer who holds a prosecutor to see to it that the interest of the State is I
government office may not be disciplined as a
well-guarded and protected should the private‘?
member of the Bar for misconduct in the discharge
of his duties as a government official. However, if prosecutor be found lacking in competence in‘
said ‘misconduct as a government official also prosecuting the case (MENDOZA-ARCEGA &
constitutes a violation of his oath as a lawyer, then DECHA VEZ, supra at 173). '
i \ '
MEMQRY AID
SlnBOdlLH\Q1\l!yC0hqI0lLlw~R@TBI°DUIM\lCI\tII
Prosecutors should not allow, and should avoid, Public Offlclals and Employees During Their
giving the impression that their noble office is being lncumbency Shall NOT: (OREU)
used or prostituted, wittingly or unwittingly, for 1. Qwn, control, manage or accept employment as
political ends or other purposes alien to, or officer, employee, consultant, counsel, broker,
subversive of, the basic and fundamental objective agent, trustee or nominee in any private
of serving the interest of justice evanhandedly, enterprise regulated, supervised or licensed by
without fear or favor to any and all litigants alike, their office unless expressly allowed by law;
whether rich or poor, weak or strong, powerless or 2. Becommend any person to any position in a
mighty. Only by strict adherence to the established private enterprise which has a regular or
procedure may the public‘s perception of the pending official transaction with their office;
impartiality of the prosecutor be enhanced (Tafad v. 3. §_ngage in the private practice of their profession
figggiganbayan, G.R. Nos. 72335-39, March 21, unless authorized by the Constitution or law,
provided that such practice will not conflict or
tend to conflict with their official functions; and
Examples of improper Conduct by a Prosecutor: 4. Qse pr divulge confidential or classified
1. Assisting in the escape of a prisoner; - ~ information officially known to them by reason of
2. instituting a criminal action to force a settlement their office and not-available to the public (R.A.
of a case; No. 6713, Sec. 7, pars. (b) & (c)).
3. Agreeing to refrain from prosecuting a person
inoonsideration o somereward; RULE 6.03 - A lawyer shall not, after leaving
4. Receiving money for dismissing a complaint; government service, accept engagement or
5. inducing an accused .to plead guilty; employment in connection with any matter
6. Willfully failing to prosecute violations of law or
lose the records thereof;- in which he had intervened while in said
7. Deliberately removing the case records from the service. ‘ ' '
office of the prosecutor to favor- a relative
involved in a case; and ' V REASON: To avoid conflict of interests, to preclude
8. Having a secret law partner with whom he the lawyer from using secrets or information leamed
divides the attorney's fees. (AGPALO, supra at in his official capacity, or to prevent the appearance
83) g_ V of impropriety (A GPALO, supra at 96).
Engagement or Employment
RULE 6.02 - A lawyer in the" government. A former official cannot accept any work or
service shall not use his public position to employment from anyone that will involve or relate
promote orladvance his private interests, to the matter in which he intervened as a public
nor allow the latter to interfere with his official, except on behalf of the body or authority
public duties. 1 A which he sen/ed during his public employment
(AGPALO, supra at 89).
Applicability of the Rule: , A
1. Lawyers in govemment service allowed by law Any Matter
to engage in private practice concurrently; and Refers to any discrete, isolatable act, as well as
2. Those who, though prohibited from engaging -in identifiable transaction or conduct involving a-
the practice of law, have friends, former particular situation and specific party, and not merely
associates and relatives who are in the active an act of drafting, enforcing, or interpreting
practice of law (Olazo v. Tinga, A. M. No. 10-5-7- government or agency proceeding, regulations or
SC, December 7, 2010). laws or briefing abstract principles of law (PCGG v.
Sandiganbayan & Mendoza, G.R. Nos. 151809-12,
Meaning of Private interest April 12, 2005). '
Private interest-is not limited to direct interest but
extends to advancing the interest of relatives. Intervene
Private interest interferes with public duty when the it only includes an act of a person who has the power
respondent uses the office and his or her knowledge to influence the subject proceedings. The evils
of the intricacies of the law to benefit relatives (Ali v. sought to be remedied by the Rule do not exist
Bubong, A.C. No. 4018, March 8, 2005). where the government lawyer does aniact which mn
be considered as innocuous such as "drafting,
Promotion of private interest includes soliciting gifts enforcing or interpreting govemment or agency
or anything of monetary value in any transaction procedures, regulations or laws, or. briefing abstract
requiring the approval of his office or which may be principles of law" (PCGG v. Sandiganbayan &
affected by the functions of his office (Huyssen v. Mendoza, G.R. Nos. 151809-12, April 12, 2005).
Gutierrez, A.C. No. 6707, March 24, 2006).
LEGAL ETHICS
Legal and Judicial Ethics
Adverse interest vs. Congruent Interest ‘ became a member of the Bar when he passed the
‘Adverse-interest conflicts" exist where the matter ll‘l Bar Examinations. All that integrationactually does
which the former govemment lawyer represents a
client in private practice is substantially related to a is to provide an official national organization for the
matter that the lawyer dealt with while employed by weli- defined but unorganized and incohesive group
the govemment and the interests of the current and of which every lawyer I5 a|'°adiI 8 member (In re.-
former are adverse. "Congruent-interest Edillon, A.M. No. 1928, August 3, 1978).
representation conflicts" are unique to govemment (Please see discussions on the Integrated Bar of
lawyers and apply primarily to former govemment the Philippines on p. 81-83).
lawyers (ld.).
Related Laws: CANON 7: A LAWYER SHALL AT ALL
1. R.A. No. 3019, Section 3 (d) TIMES UPHOLD THE INTEGRITY AND
- Accepting or having any member of his DIGNITY OF THE LEGAL PROFESSION
family accept employment in a private enterprise AND SUPPORT THE ACTIVITIES OF THE
which has pending official business with him INTEGRATED BAR.
during the pendency thereof or within one year Public confidence in law and lawyers may be eroded
after its temiination constitutes corrupt practice by the irresponsible and improper conduct of a
of a public officer and is unlawful. member of the Bar. Thus, every lawyer should act
and comport himself in such a manner that would
2. R.A. No.6713,Section7(b) promote public confidence in the integrity of the legal
- Any former public official or employee for a profession. Members of the Bar are expected to
period of 1 year after retirement‘.or separation always live up to the standards of the legal
from office may not practice his profession in profession as embodied in the Code of Professional
connection with any other matter before the Responsibility (Ducal, Jr. v. Vi//alon, Jr., A.C. No.
office he used to be with. - 3910, August 14, 2000).
NOTE: Violation of restriction is tantamount to RULE 7.01 - A lawyer shall be answerable for
representing conflicting interests (PNB v. Cedo, A.C. knowingly making a false ‘statement or
No. 3701, "March 25,1995). suppressing a material fact in connection
with his application for admission to the bar.
Forbidden Office A .
A member of the legislature may not accept an Consequences of Knowingly Making a False
appointment in an office which was created nor h_ad Statement or Suppression of a Material Fact in
its emoluments increased during _the lawmaker's the Application for Admission to the Bar
term of office (CONST. Art. Vl,.Sec. 13). 1. if the false statement or suppression of material
(Please see discussions on Public Officials And
fact is discovered before the candidate could
Practice Of Law on p. 11-13.) ,
take the bar examinations, he will be denied
permission to take the examinations;
2. if the false statement or suppression of material
factwas discovered after the candidate had
passed the examinations but before having
CHAPTER II: THE LAWYERS taken his oath, he will not be allowed to take his
AND THE LEGAL oith as a lawyer; and
3. if the discovery was made after the candidate
PROFESSION had taken his oath as a lawyer, his name will be
stricken from the Roll of Attorneys (PINEDA;
supra at 117).
Integrated Bar of the Philippines (IBP)
Power to integrate the Bar» . An applicant who willfully falsified his application to
The Constitution vests upon the Supreme Court the the Bar Examination is criminally liable for
power to integrate the Philippine Bar. Such power is Falsification of Public Document under Art. 171 of
an inherent part of the Court's constitutional the Revised Penal Code. And if after hurdiing the Bar
authonty over the bar (1987 CONSTITUTION, Examination, he is later found to have falsified his
ARTICLE VIII, Sec. 5, par. 5). application for admission to the Bar, he is likewise
administratively liable for misconduct under thisirule
Constitutionality of Bar integration which is a ground for disbarment
' (ANTIQUIERA,
integration does not make a lawyer a member of supra at 40)
. he IS. not- already a member. any
group of which He
1*’ '
MEM»Q~RY AID
SanBeoa\.l'vwvryCohgeoIL|w-ROCTBevOpereliomCemei
LEGAL ETHICS
Legal and Judicial Ethics
want to be done with them as membels °I ")9 Ba‘ NOTE: The lone requirement imposed to
(PINEDA, supra at 125). maintain the cloak of absolute privilege is the
test of relevancy (Alcantara v. Ponce. G.R. No.
While they may represent different clients. lawyers 156183, February 2a. 2007)-
should
b bear in mind . that they. are not enemies but
rothers and sisters ll'l the profession 2_ Utterances made out of impulse in the course of
(ANTIQUIERA, supra at 43). an argument may be forgiven and should not be
penalized (Cruz v. Cabrera, A.C. No. 5737.
RULE 8.01 - A lawyer shall not, in his October 25, 2004); and
professional dealings, use language which 3. Strong language used by an attomey as areply
is abusive, offensive, or otherwise improper. to the insulting remarks of a judge. if a judge
desires not to be insulted, he should start using
Any kind of language which attacks without temperate language himself (Mane v. Belen,
foundation the integrity of the opposing counsel or A.M. No. RTJ-08-2119, June 30, 2008).
the dignity of the court may be stricken off the
records or may subject a lawyer to disciplinary action NOTE: Words and phrases like duped, to take
(PINEDA, supra at 127-128). advantage of the innocence of, his ignorance and
abusive manner, foolishness in reference to the
REASON: Membership in the Bar imposes upon adverse parties, and bungling in reference to the trial
lawyers certain obligations to one another I includi judge, are of common usage in our daily life. They
observance of honorable, candid and courteous should be understood by what they ordinarily
d e al'ings with
' other lawyers (Bacatan v. Dadula, A.C. convey. That they have synonyms or altematives
No. 10565, September 7, 2016). ' that are more or less expressive does not warrant
characterizing them as excessive, intemperate or
Language to be Used _ offensive (Chua v. Pascua, A.Cl No. 10757,
Though a lawyers language may be forceful and December 5, 2016).
emphatic, it should always be dignified and
respectful, befitting the dignity of the legal profession Examples of Disrespectful Language:
(Ng v. Alar, A.C. No. 7252, November 22, 2006). 1. Calling a decision an "outrage" and ‘mockery’ of
the popular. will of the people (Salcedo v.
it is recognized that a lawyer is entitled to present his Hemandez, G.R. N0. 42992, August 8, 1935);
case with vigor and courage, but such enthusiasm 2. Describing the judge's attitude as ‘unjust,
does not justify the use of offensive and abusive hostile, vindictive and dangerous" (Comejo v.
language (Saberon v. Larong, A.C. No. 6567, April Tan, G.R. No. L-2217, March 23, 1950);
16, 2008). 3. Stating that “justice is blind‘ and also "deaf and
dumb‘ (In Re: Almacen, G.R. No. 27654,
intemperate and unfair criticism is a gross violation February 18, 1970);
of the duty of respect to courts. It is such a 4. Calling the issuance of a mandatory injunction
misconduct that subjects a lawyer to disciplinary as unjust and a miscarriage of ]U ' st"ice (Se v.
action (In Re: Kapunan, A.M. No. 13-11-09 SC. Argel, G.R. No. L-42800 (Resolution), [April 7,
August 12, 2014). 1976);
5. Calling an adverse counsel as bobo or using the
GENERAL RULE: Want of intention to undermine words “ay que bobo" in reference to the manner
the integrity of the Court is no excu se for the of offering evidence (Castillo v. Padilla, Jr., A.C.
language employed by private respondent for it is a No. 2339, February 24, 1984);
well- k nown and established rule that derogatory 6. Attributing to the SC acts of dismissing judges
words are to be taken in the ordinary meanin ‘without rhyme and reason" and disbarring
attached to them by impartial observers (A rroyo v9. lawyers “without due process" (Zaldivar v.
HRET, G.R. N0. 118597, July 14, 1995).
Gonzalez, G.R. Nos. 79690-707, Febmary 1,-
1989);
EXCEPTIONS:
7. Publicly berating and calling a PAO Lawyer and
1. Statements made in the course of jU_ ‘ di'
ciai “gage”
proceedings are absolutely privileged. This _ _ for not agreeing to a settlement of a,
criminal case (Alcanta ra v. Pefianco, A.C. No.
absolute privilege remains regardless of the 5298, December 3, 2002)‘
defamatory tenor and of the presence of malice 8. Calling the opposing counsel as a "notorious -
if the same are relevant, pertinent, or material to
the cause in hand or subject of th e ‘inquiry extortionist" in his Reply (Gimeno v. Zaide, A.C..
(Alcantara v. Ponce, G.R. No. 156183, February N0. 10303, April 22 2015)‘
28. 2007); 9- Describing
_ the ad verse counsel as "siIahis" and -
accu sing the latter of " cohabiting
" ' with a married
man before the wife of that married man died‘ in
F1'€ii0'i2Y AID
SanBodaLlrvverItyCologe0IL|w~iiOCTBerOper\uoneCenter
pleadings (Malabed v. Atty. De La Perla, A.C. 4. His entry of appearance without notice to the first
No. 7594. February 09, 2016); and lawyer is an improper Encroachment upon the
10. Writing a series of Facebook posts calling the professional employment of the original counsel;
adverse party “Doctor Quack Quack", “Reyna ng and - -
Kaplastikan“ and "Reyna ng Kapalpakan" (Belo- 5. The notice will enable the lawyer sought to be
Henares v. Guevarra, A.C. No. 11394, charged to Assert and protect any right to
December 1, 2016). compensation which he may claim or possess
(In re: Soriano, G.R. No. L-24114, June 30.
RULE 8.02 - A lawyer shall not, directly or 1970).
indirectly, encroach upon the professional
employment of another lawyer, however, it GENERAL RULE: A lawyer should not in any way
communicate upon the subject of controversy with a
is the right of any lawyer, without fear or party represented by counsel, much less should he
favor, to give proper advice and assistance undertake to negotiate or compromise the matter
to those seeking relief against unfaithful or with him, but should, deal with his counsel.
neglectful counsel. Negotiating with the opposing party without the
knowledge of said party's counsel is an inexcusable
Professional Encroachment violation of the canons of professional ethics and in
A person without a retained lawyer is a legitimate utter disregard of a duty owing to a colleague
prospective client for any lawyer whom he (Camacho v. Pangulayan, A.C. No. 4807, March 22.
approaches for legal services. But, as soon as he 2000).
had retained one and had not dismissed the retained
counsel, efforts on the part of another lawyer to take EXCEPTIONS:
him as client constitutes an act of encroaching upon 1. A lawyer may properly intenliew any witness or
the employment of another lawyer (PINEDA, supra prospective witness for the opposing side in any
at 130). civil or criminal action without the consent of
' opposing counsel or party. But he should avoid
instances of Professional Encroachment: any suggestion calculated to induce the witness
1. Promise of a better service; to suppress or deviate from the truth or affect his
2. _ Lowering attomey's fees; free conduct of trial (CANONS OF
3. Disparaging and making comparisons with PROFESSIONAL ETHICS, Canon 39); and
another lawyer; and 2. Any person ~ who seeks relief against an
4. Publicizing his talent as a means to feather his - unfaithful or neglectful lawyer may approach
law practice (AGPALO, supra at 108). another lawyer for proper advice and
assistance. Any advice or assistance extended
NOTE: There is no encroachment when the previous after proper verification is not encroaching upon
lawyer was already dismissed. A client may the business of another lawyer for such act is
discharge his attomey at any time or without cause justified under the circumstances (CPR, Canon
and thereafter employ another lawyer who may then 1, Rule 1.02).
enter his appearance (Lim v. Villarosa, A.C. No.
5303, June 15, 2006). NOTE: A lawyer, who acquired knowledge of the
malpractice of the member ofthe Bar, has the duty
Rules on Accepting Employment on a Matter to inform the SC or the IBP of such malpractices to
Previously Handled by Another Lawyer: the end that the malpractioner be properly
(NCSEA) _ disciplined (PINEDA, supra at 132).
1. A lawyer may properly accept employment to
handle a matter which has been previously
handled by another lawyer, provided that the
CANON 9; A LAWYER SHALL NOT,
first lawyer has been given Notice by the client
DIRECTLY OR INDIRECTLY, ASSIST IN
that his services have been temiinated; THE UNAUTHORIZED PRACTICE oi=
2. in the absence of such notice of termination by LAW.
the client, a lawyer retained to take over a case REASON: The lawyer's duty to prevent, or at the
from a peer in the bar should do so only after he very least not to assist in, the unauthorized practice
shall have obtained Qonformity of the counsel of law is founded on public interest and policy. Public
whom he would substitute; policy requires that the practice of law be limited to
3. in the absence of such conformity by the those individuals found duly qualified in education
counsel, the new lawyer should at least give and character. Thus, the canons and ethics of the
§ufficient notice to such counsel of the profession enjoin lawyers not to permit their
contemplated substitution; ‘ professional services or names to be used in aid of,
or to make possible the unauthorized practice of law
_'._~——— s *‘ '
LEGAL ETHICS
Legal and Judicial Ethics
I
Leé'aFg:J|:|d€ilz:tl|%ltCS
hics
" court WhlC|'\ '18
puma
Mani, (Roms
tesidee *~“:'z“i: ";;22
1 .
(COMELEC v. Noynay. etal.. G.R. No. 132365, July A lawyer owes fidelity to the cause of his client, but
9, 1998). not at the expense of truth and the administration of
justice. The filing of multiple petitions constitutes
NOTE: A mere typographical error in the citation of abuse of the court's processes and improper
an authority is not coiitoniptuous (Del Rosario v. conduct that-tends to impede, obstruct and degrade
Chingcuangco, G.R. No L-25503. December 17, the administration of justice and will be punished as
1966). But when the misquotalion is intended, the contempt of court (ln Re: G.R. N0. 157659 'Eligio P.
lawyer is subject to disciplinary action (COMELEC v. Mallari v. Government Service Insurance System
Noynay. G.R. No. 132365, July 9, 1998). and the Provincial Sheriff of Pampanga', A.C. No.
11111, January 10, 2018). '
Suspension from the practice of law for a lone
incident of misquotalion of jurisprudence is too harsh CANON 11: A LAWYER SHALL
a penalty if there was no clear indication that the OBSERVE AND MAINTAIN THE
statement was intended to mislead the court or RESPECT DUE TO THE COURTS AND
commit a falsehood and there was no brazen TO JUDICIAL OFFICERS AND SHOULD
deviation from the principle or doctrine that was
embodied in the jurisprudence's original text (Dela INSIST ON SIMILAR CONDUCT BY
Fuente-Torres v. Dalangin, A.C. Nos. 10758-10761, OTHERS.
December 5, 2017). REASON: Respect for the courts guarantees the
stability of our democratic institutions (Dumlao, Jr. v.
The respondents deliberately made the quote from Camacho, A.C. No. 10498, September 4, 2018).
the SCRA syllabus appear as the words of the SC. Disrespect to the court and judicial officers destroys
The Court admonished them for what is at the least that high esteem and regard toward the court which
patent carelessness, if not an outright attempt to is essential in the orderly administration of justice (In
mislead the parties and the courts taking the Matter of Proceedings for Disciplinary Action .
cognizance, to insubordination (Allied Banking against Atty. Vincent Raul Almacen in L-27654.
Corporation v. CA, G.R. No. 144412, November 18, Antonio H. Calero, G.R. No. L-27654, February, 18,
2003). 1970).
Proper Quotation of Court Decision While it is true that lawyers owe ‘entire devotion‘ to
Court decisions must be reproduced. copied, or the cause of their clients, it cannot he emphasized
quoted word-for-word and punctuation mark-for- enough that their first and primary duty is not to the
punctuation mark (Employees Association v. Insular client but to the administration of justice. Lawyers
Life Assurance Co. Ltd., G.R. No. L-25291, January are particularly called upon to obey court orders and
30, 1971). processes, and this deference is underscored by the
fact that willful disregard thereof may subject the
RULE 10.03 - A lawyer shall observe the lawyer not only to punishment for contempt but to
rules of procedure and shall not misuse disciplinary sanctions as well (ln re: CA-G.R. CV No.
them to defeat the ends of justice. 96282 v. Atty. Santamaria, A.C. No. 11173. June 11,
2018).
REASON: Procedural rules are instruments in the Lawyers must be respectful not only toward the
speedy and efficient administration of justice. They judges and justices but also to other officers like
should be used to achieve such end and not to derail clerks of court. sheriffs, and other judicial officers
it (AGPALO, supra at 144). who take part in the judicial work (De Leon v. Torres.
A.C. No. 180, June 30, 1956).
Rules of procedure should not, however, be applied
in a very rigid or technical sense in such a way as to Disrespect to judicial incumbents is disrespect to
override the ends of justice (FUNA, supra at 148). that branch of the govemment to which they belong,
as well as to the State, which has instituted the
Multiple Suits judicial system (Dumlao, Jr. v. Camacho, A.C. No.
Filing multiple actions constitutes an abuse of the 10498, September 4, 2018). .
Court's processes. Those who file multiple or
repetitive actions subject themselves to disciplinary All lawyers are expected to recognize the authority
action for incompetence or willful violation of their of the SC and obey its lawful processes and orders.
duties as attorneys to act with all good fidelity to the The highest sign of respect to the courts is the
courts, and to maintain only such actions that appear lawyer's obedience to court orders and process.
to be just and consistent with truth and honor Despite errors, which one may impute on the orders
(Olivares v. Villalon, Jr., A.C. No. 6323, April 13, of the Court, these must be respected, especially by
2007).
the bar or the lawyers who are themselves officers
LEGAL ETHICS
Legal and Judicial Ethics
of the courts (Yap-Paras v. Paras, A.C. No. 4947. NOTE: A lawyer who comes into court not in proper
June 7. 2007). atti re may be found guilty of direct contempt and be
liable under Rule 71, Section 1 of the Rules of Court
NOTE: if the court order is not merely erroneous but which punishes misbehavior in the presence of or sq
instead void, such as when the order is OUISKIQ "19 near a court or judge as to obstruct or interrupt the
court's jurisdiction, the party refusing I° I°“°W me proceedings before the same, including disrespect
order may not be punished (Gosiengflao v. Yatco. towards the court or judge. By attending e
G.R. No. t.-16676. January 28, 1961). conference or proceeding in the Court wearing
improper attire, the lawyer also jeopardized the
Liberally imputing sinister and devious motives and cause of his client (Falcis lll v. Civil Registrar, G.R.
questioning the impartiality, integrity, and authority No. 217910, July 3, 2018).
of the members of the Court result in the obstruction
and perversion of the dispensation of justice RULE 11.02 - a lawyer shall punctually
(Estrada v. Sandiganbayan, G.R. Nos. 159486-88, appear at court hearings.
November 25, 2003).
lt is the attomey‘s duty to defend a judge from REASONS: -
unfounded criticism or groundless personal attack. 1. Punctuality is demanded by the respect which a
This requires of him not only to refrain from lawyer owes to the court, the opposing counsel
subjecting the jU 'd ge to wild and groundless and to all the parties to the case (FUNA, supra
accusation but also to discourage other people from at 171); and
so doing and come to his defense when he-is so 2. Lack of punctuality interferes with the
subjected (AGPALO, supra at 152). Lawyers must administration ofjustice (PINEDA, supra at 164).
also exert efforts that others including their own Counsel may even be held in contempt of court for
clients and witnesses,
' shall deal with courts and coming late in the hearing or trial of the case or for
judicial officers with respect (PINEDA, supra at 157). failing to appear in a trial (People v. Gagui, G.R. No.
L-15473, June 30, 1961). ‘
NOTE: Malicious attacks on courts have in some
cases been treated as libel, in other cases as inexcusable absence from, or repeated tardiness in,
contempt of court, and as sufficient ground for attending a pre-trial or hearing may not only subject
disbarment, but mere criticism or comment on the the lawyer to disciplinary action but may also
correctness or wrongness, soundness or prejudice his client who, as a consequence thereof,
unsoundness, of the decision of the court in a may be non-suited, declared in default or adjudged
pending case made in good faith may be tolerated liable ex parte, as the case may be (AGPALO, supra‘
(Soriano v. CA, G.R. No. 10063, August 28, 2011). at 149).
RULE 11.01 - A lawyer shall appear in court NOTE: Even if the petition has become moot and
properly attired. academic, it is not proper for a counsel not to appear
in court on the very day his own petition was re ,
REASON: To maintain the dignity and responsibility for hearing (De Gracia v. Warden, G.R. No. L-4203 "
of the legal profession (PINEDA, supra at 163). January 9, 1976). '
GENERAL RULE: C ontemporary business suit RULE 11.03 - A lawyer shall abstain fro
(DIZON, supra at 92).
scandalous, offensive , or menacin '
Male: Either Barong Tagalog or suit with tie (Id. at language or behavior before the courts. '
'91).
Female: Appropriate business attire (ld.). REASON: The respect shown to courts helps build
the high esteem and regard toward them which ls.
ln addition to the clothes, the lawyer must be clean, essential in the proper administration of justi “
neat, and well-groomed_ (FUNA, supra at 171). (lgeople v. Carillo, G.R. No. L-283. October 30
1 46).
The lawyer's duty to render respectful subordina' e
to the courts is essential to the orderly administra '
of justice. Hence, in the assertion of the client‘
rights, lawyers, even those gifted with superi
intellect, are enjoined to rein up their temp
(Zaldivar v. Gonzales, G.R. Nos. L-79690-70
October 7, 1988). '
l
T \ '
MEM/QRY AID
SanBeoaLrwuenyCologeotLnw-RGCf8ar0pevnnamCer\ter
A lawyer shall not criticize the personal or official them conformable to law (RULES OF COURT, Rule
conduct of a judge in an insulting and intemperate 135, Sec 5, par. (g)).
language (PINEDA, supra, at 174).
Every attomey must use only fair and temperate NOTE: A lawyer can demand that the misbehavior
language in arguing a worthy position on the law, of a judge be placed on record. This act of the lawyer
and must eschew harsh and intemperate language is not contemptuous (In Re: Aguas, G.R. No. 12.
that has no place in the educated ranks of the Legal August 8, 1901).
Profession. Lawyers should strive to win arguments
through civility and faimess, not by heated and Right and Duty of a Lawyer to Criticize Courts
acrimonious tone (Habawel v. CTA, G.R. No. 1. The fact that a person is a lawyer does not
174 759, September 7, 2011). deprive him of the right, enjoyed by every citizen,
to comment on and criticize the actuations of a
judge. Hence, as a citizen and as an officer of
A lawyer should conduct himself with courtesy,
the court, a lawyer is expected not only to
faimess and candor towards his professional
exercise the right, but also to consider it his duty
colleagues and shall avoid harassing tactics against to avail of such right (In re: AImacen,supra).
opposing counsel. A lawyer should not use
intemperate, abusive, offensive and improper
language in his professional dealings. The use of NOTE: In Almacen, however, it did not mandate
words like “swindler" and “a fugitive from justice” but merely recognized the right of a lawyer, both
without sufficient evidence by a lawyer is a violation as an officer of the court and as a citizen, to
of the Canons of the CPR and could warrant criticize in properly respectful terms and through
administrative liability (Buenviaje v. Atty. Magdamo. legitimate channels the acts of courts and
A.C. No. 11616, August 23, 2017). judges (Alpajora v. Ca/ayan, A.C. No. 8208,
January 10, 2018).
Though a lawyer's language may be forceful and
emphatic, it should always be dignified and The court, in a pending litigation, must be
respectful, befitting the dignity of the legal shielded from embarrassment or influence in its
profession. The use of unnecessary language is all-important duty of deciding the case. Once
proscribed if we are to promote high esteem in the litigation is concluded, the judge who decided it
courts and trust in judicial administration (Ng v. Alar, is subject to the same criticism as any other
A.C. No. 7252, November 22, 2006). 7 public fficial because his ruling becomes public
property and is thrown open to public
consumption (In re: Almacen, G.R. No. L-27654,
NOTE: A mere disclaimer of any intentional February 18, 1970).
disrespect is no ground for exoneration. His intent
must be determined by a fair interpretation of the 2. It isthe cardinal condition of all such criticism
~
languages employed by him (Paragas »v. Cruz, G.R. that it shall be bona tide, and shall not spill over
No. L-24438, July 30, 1965). the walls of decency and propriety. A wide
chasm exists between fair criticism, on the one
RULE 11.04 - A lawyer shall not attribute to hand, and abuse and slander of courts and the
a judge motives not supported by the record judges thereof, on the other. lntemperate and
or have no materiality to the case. unfair criticism is a gross violation of the duty of
respect to courts. lt is such a misconduct that
REASON: Such act would undermine the subjects a lawyer to disciplinary action (Alpajora
confidence of the people in the honesty and integrity v. Ca/ayan, A.C. No. 8208, January 10, 2018).
of the members of the court, and would
consequently lower or degrade the administration of 3. The duty of the bar to support the judge against
justice (In Re:AImacen, G.R. No. L-27654, February unjust criticism and clamor does not, however,
18,1970). preclude a lawyer from filing administrative
complaints against erring judges or from, acting
Counsels must however be courageous enough to as counsel for clients who have legitimate
point out errors, arbitrariness, and injustices of grievances against them. But the lawyer should
courts and judges (AGPALO, supra at 154). file charges against the judge before the proper
authorities only and only after proper
When mistakes, errors, and irregularities are circumspection and without the use of
committed by judges, wittingly or unwittingly, the disrespectful language and offensive
aggrieved party is expected to rise to call the personalities so as not to unduly burden the
attention of the judge about the mistake, error, or court in the discharge of its functions (Urbina v.
irregularity. This is because judges have no inherent Maceren, A. C. No. 288-J, June 19, 1974).
power to change their judgments or orders to make
l
._'__€.>-.€_4——
LEGAL an-ii<?$ I
Lega| and judicial Ethics
No. 96282 v. Sanlamaria, A.C. No. 11173 To determine whether a party violated the rule
(Resolution), June 11. 2018). against forum shopping, the most important factor to
ask is whether the elements of litis pendentia are
RULE 12.01 - A lawyer shall not appear for present, or whether a final judgment in one case will
trial unless he has adequately prepared amount to res judicata in another; otherwise stated,
himself on the law and the facts of his case, the test for determining forum shopping is whether in
the two (or more) cases pending, there is identity of
the evidence he will adduce and the order of parties, rights or causes of action, and reliefs sought
its preference. He should also be ready with (Zamora v. Quinan, G.R. No. 216139,Novembar 29, i
the original documents for comparison with 2017). ‘
the copies.
Thus, there is forum-shopping when, between an
A lawyer is not adequately prepared unless he has action pending before this Court and another one.
a mastery of the facts of his case, the law, and there exist: (PRJ)
junsprudence applicable thereto and upon which he 1. Identity of Earties, or at least such parties as
can appropriately _anchor his theory or stance represent the same interests in both actions;
(PINEDA, supra at 185). A newly hired counsel who 2. Identity of Rights asserted and relief prayed for,
appears in a case in the midstream is presumed and the relief being founded on the same facts; and
obliged to acquaint himself with all the antecedent 3. The identity of the two preceding particulars is
processes and proceedings that have transpired in such that any judgment rendered in the other
the record prior to his takeover (Villasis v. CA, G.R. action, will, regardless of which party is
N0. L-34369, September 30. 1974). successful amount to res gudicata in the action
under consideration; said requisites also
The lawyer who is presenting documentary exhibits constitutive of the requisites for "auter action
must also be ready with the originals thereof for pendant or Iis pendens" (Collantes v. Court of
purposes of comparison with copies thereof to avoid Appeals, G.R. No. 169604, March 6, 2007).
objections which ordinarily delay the proceedings
(RULES OF COURT, Rule 130, Sec. 3). NOTE: The most important factor in determining the
existence of forum shopping is the vexation caused
NOTE: Rule 12.01 should be read in relation with the courts and parties by a party who asks different
Rule 18.02, which requires that ‘A lawyer shall not courts to rule on the same or related causes or grant
handle any legal matter without adequate the same or substantially the same reliefs (lilfllliams
preparation." For without adequate preparation, the v. Enriquez, A.C._ I\l_o_._6319, September 16, 2015).
lawyer may not be able to effectively assist the court
in the speedy and efficient administration of justice Penalties for Violation of the Rule against Forum
nor can serve his client with competence and Shopping: (DC — SDA)
diligence (AGPALO, supra at 159-160). 1. Failure to comply with the requirements shall not
be curable by mere amendment of the complaint
RULE 12.02 - A lawyer shall not file multiple or other initiatory pleading but shall be a cause
actions arising from the same cause. for Qismissal of the case without prejudice,
unless otherwise provided, upon motion and
REASON: To prevent litigants from trifling with the after hearing;
courts and abusing their processes (FUNA, supra at 2. The submission of a false certification or non-
185). compliance with any of the undertakings therein
shall constitute indirect Qontempt of court,
Forum Shopping without prejudice to the corresponding
Forum shopping is the act of a litigant who administrative and criminal actions; and
repetitively availed of several judicial remedies lf'l 3. lf the acts of the party or his counsel clearly
different courts, simultaneousyI or su ccessivel y , all constitute willful and deliberate forum shopping,
the same shall be ground for §ummary
substantially founded on the same transactions and dismissal with prejudice and shall constitute
the same essential facts and circumstances, and all Qirect contempt, as well as a cause for
raising substantially the same issues, either pending Administrative sanctions (RULES OF COURT,
in or already resolved adversely by some other Rule 7, Sec. 5).
court, to increase his chances of obtaining a
favorable decision if not in one court, then in another GENERAL RULE: A certification against forum
(Asian Construction and Development Corporation shopping must be signed by the client and not by the
v. Sumitomo Corporation, G.R. No. 196723, August counsel. Othemiise, it is equivalent to non-
28, 2013).
compliance with the ROC and is defective (Far
K
LEGAL ETHICS
Legal and Judicial Ethics
Eastem Shipping Co. v. CA, G.R. No. 130068. the prevailing party's just and valid claim, the coun
October 1, 1998). may adjudge the lawyer liable to pay treble cosjs
(Cobb-Perez v. Lantin, G.R. No. L-22320, May 23'
EXCEPTION: When the counsel attests in the 1960).
certification that he has personal knowledge of the
facts stated and gives justifiable reasons why the RULE 12.05 - A lawyer shall refrain from
party himself cannot sign the same (Ortiz v. Court of talking to his witness during a break qr
Appeals, G.R. No. 127393, December 4, 1998). recess in the trial, while the witness is sti||
under examination.
RULE 12.03 - A lawyer shall not, after
obtaining extensions of time to file PURPOSE: To prevent the suspicion that he is
pleadings, memoranda, or briefs, let the coaching the witness what to say during the
period lapse without submitting the same or resumption of the examination. (Moreover, this rule
offering an explanation for his failure to do is also designed to uphold and maintain fair play with
so. the other party and to prevent the examining lawyer
from being tempted to coach his own witness to suit
The court frowns on lawyers’ practice of repeatedly his purpose (PINEDA, supra at 199).
seeking extensions to file pleadings and thereafter
simply letting the period lapse without submitting any RULE 12.06 - A lawyer shall not knowingly
pleading or even any explanation or manifestation assist a witness to misrepresent himself or
for their failure. The same principle applies more to impersonate another.
forcefully to motion for continuance. Postponement
is not a matter of right but of sound judlcialdiscretion The witness who commits misrepresentation is
(Edrial v. Quilat-Quilat, G.R. No. 133625, September criminally liable for False Testimony either under Art.
6, 2000). - I, - 181,.182, or 183 of the Revised Penal Code, as the
case may be. The lawyer who induces a witness to
Lawyers should never presume that their motions for commit false testimony is equally guilty as the
extension or postponement will be granted or that witness (ld.).
they will be granted the length of time they prayed
for (Ramos v. Dajoyag, Jr., A.C. No. 5174, February The lawyer who presented a witness knowing him to
28, 2002). " . be.a false witness is criminally and administratively
liable for _Offering False Testimony in Evidence
RULE 12.04 - A lawyer shall not unduly delay under'Art. 184 of Revised Penal Code (PINEDA,
a case, impede the execution of a judgment supra. at 200).
or misuse court processes. ~A . Subomation of Perjury
lt is committed by a person who knowingly and
REASON: Once a judgment becomes final and willfully procures-another to swear falsely and the
executory, the prevailing party should not be denied witness suborned does testify under circumstances
the fruits of his victory by some subterfuge devised rendering him guilty of perjury (U. S. v. Ballena, G.R.
by the losing party. Unjustified delay in the No. L-6294, February 10, 1911).
enforcement of a judgment sets at naught the role of
courts in disposing justiciable controversies with RULE 12.07 - A lawyer shall not abuse,
finality (Aguilar v. Manila Banking Corporation, G.R.
No. 157911, September 19, 2006). browbeat, or harass a witness nor
needlessly inconvenience him.
Lawyers should not resort to nor abet the resort of
their clients to a series of actions and petitions for lt is the duty of a lawyer to abstain from all offensive
the purpose of thwarting the execution of a judgment personality and to advance no fact prejudicial to the
that has long become final and executory (Perez v. honor or reputation of a party or witness unless
Lantin, G.R. No. L-22320, May 22, 1968). required by the justice of the cause with which he is
charged (RULES OF COURT, Rule 138, Sec. 20,
If a lawyer is honestly convinced of the futility of an par. (l)).
appeal in a civil suit, he should not hesitate to inform
his disappointed client that most likely the verdict it was highly inconsiderate for the prosecutor and the
would not be altered (AGPALO, supra at 172). defense counsel to trade quips at the precise time
the witness/victim was reliving her harrowing
Where a lawyer insisted on the client's patently experience. Courts are looked up to by the people
unmeritorious case or interposed an appeal merely with high respect and are regarded as places where
to delay litigation or thwart the prompt satisfaction of litigants are heard, rights and conflicts are settled.
QB"
l.4.I§..!Y.l;.@;I3.Y..tl.LD...
and justice solemnly dispensed. Levily has no place 2. Having accepted a retainer, he cannot be a
in the courtroom during the examination of the victim witness against his client;
of rape, and particularly at her expense (People v. 3. When such would adversely affect any lawful
Nuguid, G.R. No. 148991. January 21, 2004). interest of the client with respect to which 4
The common practice of some lawyers of making NOTE: A violation of the sub judice rule may render
Judges and prosecutors the godfathers of their one liable for indirect contempt under Sec. 3(a),
children to enhance their influence and practice of Rule 71 of the Rules of Court (Romero ll, et al. v_
law should be avoided (PINEDA, supra at 209). Estrada, G.R. No. 174105, April 2, 2009).
it is improper for a litigant or counsel to see a judge The sub judice rule governs what public
in chambers and talk to him about a matter related statements, whether orally or in published writings,
to the case pending in the court of said judge can be made about matters pending in legal
(1/gigna v. Masaquel, G.R. No. L-22536, August31, proceedings before the courts. The rule applies
). where court proceedings are ongoing, and through
all stages of appeal until the matter is completed. Ii
A lawyer should not communicate or argue privately is not limited to parties in a case or their lawyers. It
with the judge as to the merits of a pending case. He applies as well to the public and public officials
should be rebuked and denounced for any device or including legislators (FUNA, supra at 213).
attempt to gain from a judge special personal
consideration or favor (CANONS OF lt, however, does not prohibit fair and accurate
PROFESSIONAL ETHICS, Canon 3). reporting of on-going proceedings by the media as
long as it does not usurp the court's role by
it is highly improper for a judge to meet privately with prejudicing the issue (Id. at 214).
an accused who has pending case before him
without the presence of the other party (Gallo v. NOTE: A lawyer is equally guilty as the client if he
Cordero, A.M. No. MTJ-95-1035, June 21, 1995). induces the latter to cause the publicity (Strebel v.
Figueras, G.R. No. L-4722, December 29, 1954).
NOTE: However, it is not incumbent on a lawyer to
refuse professional employment in a case because The restriction does not prohibit issuance or
it may be heard by a judge who is his relative, statements by public officials charged with the duty
compadre or former colleague. The responsibility is of prosecuting or defending actions in court
on the judge not to sit in a case unless he is both free However, such statements should avoid statement
from bias and from the appearance thereof (Bautista of fact likely to create an adverse attitude in the
v. Rebueno, G.R. No. L-46117, February 22, 1978). public mind respecting the alleged actions of the
defendants to the pending proceedings (MENDOZA-
RULE 13.02 - A lawyer shall not make public ARCEGA & DECHAVEZ, supra at 262).
statements in the media regarding a Principle of Open Justice
pending case tending to arouse public The principle of open justice refers to the public right
opinion for or against a party. to scrutinize and criticize court proceedings. The
principle assists in preventing judicial arbitrariness
REASON: Newspaper publications by a lawyer as to or idiosyncrasy and maintaining public confidence in
pending or anticipated litigation may interfere with a the administration of justice (In re: The Allegations
fair trial in the courts and otherwise prejudice the due Contained in the Columns of Macasaet, A.M. No. 07-
administration of justice. However, if the extremity of 09-13-SC, August 8, 2008).
a particular case justifies a statement to the public, it
is unprofessional to make it anonymously (PINEDA, When Trial By Publicity Becomes Prejudicial
supra at 210). To warrant a finding of prejudicial publicity, there
must be allegation and proof that the judges have
NOTE: Publicity involving anticipated litigation or been unduly influenced, not simply that they mighl
publicity regarding a pending case where the extra- be, by the barrage of publicity (People v. Teehankee.
judicial statements are not intended or do not tend to Jr., G.R. No. 111206-08, October 6, 1995).
arouse public opinion for or against a party are not
within the ambit of Rule 13.02 of the CPR Criticisms of Pending vs. Concluded Lltigations
(ANTIQUIERA, supra at 69). The right of a lawyer to comment on a pendin9
litigation or to impugn the impartiality of a judge 1°
Subjudice Rule decide is much circumscribed. The court, in 3
The sub judice rule restricts comments and pending litigation, must be shielded fT0"l
disclosures pertaining to judicial proceedings to embarrassment or influence in its all-important dull
avoid prejudging the issue, influencing the court, or of deciding the case. On the other hand, once?
litigation is concluded, the judge who decided ills
I
‘I
MEMORY AID
Sm B004 U"I\Il5lT) Coleqe of L.rw ROC! Bel Operations Cantor
°Pinion as to the guilt of the said accused (Chen9 V- accused lengthily, properly. and intelligently and fully
Agravante, A.C. No. 6183, March 23, 2004). represent and defend the interest of the accused i
3
I
(People v. Villegas, G.R. No. L-29015, April 29,
Under Rule 138 of the Rules of Court, the lawyer 1975). _ *1_ <,._
may act as counsel or maintain such action or
proceedings only as appear to him to be just, and NOTE: For purposes of arraignment of accused, the
such defenses only as he believes to be honestly counsel de officio should be given at least one hour 3'
1 debatable under the law” (PINEDA, supra at 217). to consult with the accused as to his plea before
proceeding with the arraignment (RULES OF
RULE 14.02 - A lawyer shall not decline, -COURT, Rule 116, Sec. 8). ,
except for serious and sufficient cause. an
appointment as counsel de ptfticio or as Courts are cautioned against the frequent
amicus curiae, or a request; from the appointment of the same attorney as counsel de
integrated bar of the Philippines or any of its officio for two, reasons;
chapters for rendition of free legal aid. 1. it is‘ unfair'to the attomey, considering the
' burden of his regular practice, to be saddled with
GENERAL RULE: A lawyer appointed as counsel too many de officio cases; and
de ofiicio, amicus curiae, or-as requested by IBP or 2. The compensation provided for by Sec. 32 of the.’
any of its chapters may not refuse such appointment ROC might be considered as a regular source of
(CPR, Canon 14, Rule 14.02). ' = - income, something not envisioned by the Rules
(People v. Da_eng,_G.R. No. L-34091, January
REASON: One of the burdens of the privilege to 30, 1973).
practice law which an attorney voluntarily assumed
when he took his oath as a lawyer is to render, when RULE 14.03 - A lawyer may refuse to accept
so required by the court, free legal services representation of an indigent client if: ,
(Ledesma v. Climaco, G.R. No. L-23815, June 28, a. He is not in a position to carry out the work
1974). ~ effectively or competently; '
b. He labors under a conflict of interest
EXCEPTION: If such refusal is because of a serious between him and the prospective client or
and sufficient cause (CPR, Canon 14, Rule 14.02). . between a present client and the prospectivei
client. \ 1
Appointment of Counsel de Officio
The court, considering the gravity of the offense and
the difficulty of the questions that may arise, shall
RULE 14.04 - A lawyer who accepts the
cause of a person unable to pay hi
appoint as counsel de officio such members of the
bar in good standing who, by reason of their professional fees shall observe the sam_
experience and ability, can competently defend the standard of conduct governing his relation
accused (RULES OF COURT. RULE 116, Sec. 7). with paying clients. '
The appointment rests upon the presiding judge, lggjzon Mandatory Legal Aid Service (B.M.'NaA
However, as such right may be waived, if accused
wants to defend himself without a counsel, the judge Pursuant to an En Banc Resolution of the SC, this
may allow him to go to trial without a counsel but he Rule took effect on July 1, 2010, provided its
cannot later claim he was not accorded due process implementing regulations have been published prior
for lack of counsel (PINEDA, supra at 219). to the said date. '
.i . .i:.i:iQ;i2i. Y. e.i.i>.
PURPOSE litigant and the preparation of pleadings or
To enhance the duty of lawyers to society as agents motions, the assistance by a practicing lawyer to
of social change and to the courts as officers thereof Indigent or poor litigants in court-annexed
by helping to improve access to justice by the less mediation and in other modes of alternative
privileged members of society and to expedite the dispute resolution, and the services rendered
resolution of cases involving them (B.M. No. 2012 when a practicing lawyer is appointed counsel
Sec. 2). de officio (B.M. No. 2012).
DEFINITION OF TERMS REQUIREMENTS OF MANDATORY LEGAL AID
1. Practicing Lawyers SERVICE: (60-10-CLCI)
- members of the Philippine Bar who appear 1. Every practicing lawyer is required to render a
for and in behalf of parties in courts of law and minimum of §Q hours of free legal aid services to
quasi-judicial agencies. The term "practicing indigent litigants in a year. Said 60 hours shall
lawyers" shall exclude: (GNA-SNC) be spread within a period of 12 months, with a
a. Qovernment employees and incumbent minimum of 5 hours of free legal aid services
elective officials not allowed by law to each month". However, where it is necessary for
practice; ' the practicing lawyer to render legal aid service
b. Lawyers who by law are Not Allowed to for more than 5 hours in 1 month, the excess
. appear in court; - hours may be credited to the said lawyer for the
c. §upervising lawyers of students enrolled in succeeding periods;
law student practice in duly accredited legal 2. The practicing lawyer shall report compliance
clinics of law schools and lawyers of NGO's with the requirement within j_0_ days of the last
and peoples‘ organizations who by the month of each quarter of the year;
nature of their work already render free legal 3. A practicing lawyer shall be required to secure
aid to indigent and pauper litigants; and and obtain a Certificate from the Clerk of Court
d. Lawyers Not Qovered under subparagraphs attesting to the number of hours spent rendering
(a) to (b) including those who are employed , free legal aid services in a case;
in the private sector but do not appear for 4. Said compliance report shall be submitted to the
and in behalf of parties in courts of law and Legal Aid._Chairperson of the IBP Chapter within
quasi-judicial agencies (B.M. No. 2012, Sec. the court's jurisdiction for verification;
4). 5. The IBP Chapter shall, after verification, issue a
Qompliance certificate to the concemed lawyer.
2. Indigent and Pauper Litigants i The_ IBP Chapter shall also submit the
- those whose gross income and that of their compliance reports to the lBP‘_s National
immediate family do not exceed "an amount Committeeon Legal Aid (NCLA) for recording
and documentation within 45 days after the
double the monthly minimum wage of an mandatory submission of compliance reports by
employee and who do not own real property with the practicing lawyers; and
a fair market value as stated in the current tax 6. Practicing lawyers shall Indicate in all pleadings
declaration of more than three hundred filed before the courts or quasi-judicial bodies
thousand pesos (RULES OF COURT, Rule 141, the number and date of issue of their certificate
Sec. 19). of compliance for the immediately preceding
compliance period (B.M. No. 2012, Sec. 5).
NOTE: An indigent party may be authorized to
litigate his action, claim, or defense as an indigent if PENALTIES
the court, upon an ex parte application and hearing, 1. At the end of every calendar year, any practicing
is satisfied that the party is one who has no money lawyer who fails to meet the minimum
or property sufficient and available for food, shelter, prescribed 60 hours of legal aid service each
and basic necessities for himself and his family year shall be required by the IBP, through the
(RULES OF COURT, Rule 3, Sec. 21). NCLA, to explain why he was unable to render
the minimum prescribed number of hours.
3. Legal Aid Cases _ 2. If no explanation has been given or if the NCLA
- those actions, disputes, and controversies finds the explanation unsatisfactory, the NCLA
that are criminal, civil, and administrative in shall make a report and recommendation to the
nature in whatever stage wherein indigent and IBP Board of Governors that the erring lawyer be
pauper litigants need legal representation (B.M. declared a member of the IBP who is not in good
No. 2012, Sec. 4, par. (c)). standing.
3. Upon approval of the NCLA's recommendation,
4. Free Legal Aid Service __ _ _ the IBP Board of Governors shall declare the
-’ the appearance in court or quasi-judicial erring lawyer as a member not in good standing.
body for and in behalf of an indigent or pauper
LEGAL ETHlCs
Legal and Judicial Ethic;
4. The notice to the lawyer shall include a directive 3. The certification issued by, among others, the
to pay P4,000 as penalty which shall accrue to PAO, the DOJ, and other accredited associagon
the spacial fund for the legal aid program of the by the Supreme Court shall be submitted to the
IBP. ~ BIR fof purposes of availing the tax deductions
5. The ‘not in good standing" declaration shall bé and to the DOJ for purposes of monitoring _(R_A_
effective for a period of 3 months from the No. 9999. Sec. 4). ~
receipt of the erring lawyer of the notice from the
IBP Board of Govemors. ' RULE ON COMMUNITY LEGAL AID SERVICE
During the said period, the lawyer cannot appear (CLAS) UNDER A.M. NO. 17-03-09‘-SC
in court or any quasi-judicial body as counsel. As a way to discharge the constitutional duty 0;
Provided, however, that the "not in good giving meaning t0 the 9i-'a'a"I°° 9‘ a°°e$$ to
standing" status shall subsist-even after the adequate legal assistance under Section 11, Aflicje
lapse of the 3-month period until and unless the ill of the 1987 Constitution, covered Iaviryers under
penalty shall have been paid (B.M. No. 2012, this Rule are obliged to render pro bono legal aid
Sec. 7(a)). services to those who OIIIGTWISG would be denied
access to adequate legal services (A.M. No. 17-03.
09-SC, Sec.2).
NOTE: Any lawyer who fails to comply with his Scope '
duties under this Rule for at least 3. consecutive Compliance with this CLAS shall be mandatory for
years shall be the subject of disciplinary all covered lawyers to render pro bono legal aid
proceedings to be instituted motu proprio by the services to qualified parties and/or litigants
Committee on Bar Discipline (B.M. No. 2012, Sec.- (Implementing Rules and Regulations: of A.M. No,
rrc». y 4- A _17-.03,-09-S6, Rule I, Sec. 3).
R.A. NO. 9999 OR THE FREE LEGAL Covered Lawyers
ASSISTANCE ACT OF 2010 ~ ‘ L» ‘ CLAS~.covers those who have signed the Roll of
It was enacted to guarantee free legalassistance to Attomeys‘ in ‘2018 and onwards litigants
the poor, and to ensure that every.»persbn who (Implementing Rulesfand Regulations of A.M. No.
cannot afford the services of.-a counsel is provided 17-03-osl-sc, Ru'le.?'l, =S'ec. 4(a)).
with a competent and jindependent 5 counsel
preferably of his/her own choice.’ 4 X Legal Services Covered
The following shall be considered pro bono legal
Legal Services to be Performed by a Lawyer sen/ices for purposes of the Rule on CLAS:
Any activity, which requires’ the apiplication of law, (RCDEMS) ,' -. .
legal procedure, knowledge, ‘training, - and 1. Representation of qualified parties and/or
experiences, which shall include, among others: 1 litigants, as defined, in the trial courts in civil and ~
1. Preparation of instruments and contracts: - criminal cases.-and quasi-judicial bodies in ,
2. Legal advice and counsel; _ ‘ administrative cases, including proceedings for '
3. Appearance before the administrative and mediation. voluntary or compulsory arbitration, -.-
quasi-judicial offices, bodies" and "tribunals and suchother modes of altemative dispute-;
handling cases in court; and i ,' " resolution;
4. Other similar services as may be defined by‘the
SC (R.A. No. 9999, Sec. 3). ‘ I 2. Legal Qounseling, rendering assistance in,\
contract negotiations and drafting: of related,
Requirements for the Availment of the Benefits legal documents, including memoranda of law‘-
and Services of this Act: . - and other similar documents that are provided to
1. A lawyer or professional partnership shall the client. Drafting may include policy work.
secure a certification from the Public Attomey‘s involving legal research and advocacy; I
Office~(PAO), the Dep_artment'o'f Justice (DOJ), 3. Qevelopmental Legal Assistance, consisting of
or accredited association of the SC indicating rights awareness, capacity building, and training
that the said legal services to‘be provided are in basic human rights, documentation, and
within the services defined by the SC, and that . affidavit-making, rendered in public interest
the agencies cannot provide the legal services cases, including legal assistance rendered by
to" be provided by the private counsel; identified Public Interest Law Groups; -\
2. To determine the number of hours actually 4. Legal services provided as part of gmploymenl
provided by the lawyer and/or professional firm in the judiciary, executive, or legislative
in the provision of legal services, the association branches _of govemment and in constitutional
and/ororganization duly accredited by the SC bodies shall be considered sufficient compliance
shall issue the necessary certification that said with this Rule, provided that the covered lawyer
legal services were actually undertaken; and must already be in said government service at
least six (6) months before admission into the
It
tn"
l‘,1,l.5M:§.,3.;l3,. Y§z2U%
53" (°alh'l9kl"9l; Provided further, that the legal
S6“/5°95 Pmvided are substantive, as certified counsel, -This includes farmers, indigenous
bl’ "*9 ¢°"¢Bl'hed Head of Office whose rank peoples, children in conflict with the law, victims
must be at least Director IV or its equivalent" of gender violence, and such other similar
5. Legal $°FVi¢9$ Provided to llllarglnalized sectors groups as may be approved by the IBP
and identities, such as but n_ot limited lo; (Implementing Rules and Regulations of A.M.
a. urban poor or infom1al settlers; No. 17-03-09-SC, Rule I, Sec. 4(6)).
workersllaborers;
. overseas foreign workers; 3. Individuals, groups, or organizations
children in conflict with the law; rendered unable to secure free 'legal
indigenous peoples; assistance by reason of "Qonflict of
persons with disabilities; interest" on the part of government-
. persons involved in gender issues; and provided legal assistance through the
.=" -"sv 1e.v those groups as may be approved by the Public Attorney's Office (PAO)
IBP; and - They are covered provided they are
6. Attendance and participation in legal aid qualified under the means and merit tests under
§_ummitsIconferences organized by the the National Center for Legal Aid (NCLA)
integrated Bar of the Philippines National Office. guidelines or manual of operations
Provided, however, that in no case the (Implementing Rules and Regulations of A.M.
creditable hours shall exceed four (4) hours per . No. 17-03-09-SC, Rule I, Sec. 5 (c)).
seminar at the discretion of the IBP
-(Implementing Rules and Regulations of A.M. In all legal aid cases of whatever nature, the
No. 17-03-09-SC, Rule I, Sec. 6). PAO may invoke conflict of interest only in civil,
criminal or administrative cases with several
Qualified Parties or Litigants defendants/accusedl respondents having
Pro bono legal services may be provided to the conflicting defenses. The giving of legal advice
following qualified parties and/or litigants under the or the preparation of affidavitsl
Rule on CLAS: (ILCP) complaints/documents in any case shall not be
1. indigent Parties and/or Litigants . a ground to invoke conflict of interest
- Refer to one who has no money or property (Implementing Rules and Regulations of A.M.
sufficient and available for food, shelter and /' No. 17-03-09-SC, Rule I, Sec. 5 (c)).
basic necessities for himself and his family
(RULES OF COURT, Rule 21, Sec. 3). The test 4. Eublic Interest Cases
for indigency shall not be based on a set - _ln order to be covered by the Rule on CLAS,
fiiiancial amount but rather on the capacity to the thathas public interest case must have a
afford the services of counsel after considering societal impact and must involve a group or
his or her basic necessities for himself or herself sector of society that otherwise would not be
and his or her family (Implementing Rules and capable of securing legal assistance by reason
Regulations of A.M. No. 17-03-09-SC, Rule I, of inability of other lawyers, law firms, or
Sec. 4(0)). ‘ _' govemment offices, including the Public
Attorney's Office (Implementing Rules and
Further, a party shall be considered as an Regulations of A.M. No. 17-03-09-SC, Rule I,
indigent if: Sec. 5(d)).
a. his gross monthly income and that of his
immediate family combined does not CLAS Requirement - ' _
exceed an amount double the monthly Covered lawyers are required to render one
minimum wage of an employee in the place hundred twenty (120) hours of pro-bono legal aid
where the party resides; and services to qualified parties, within the first twelve
b. he does not own real property with a fair (12) months from admission to the Bar of the
market value, as stated in the current tax covered lawyers, counted from the time they signed
the Roll of Attomeys (Implementing Rules and
declaration, of more than Three Hundred Regulations of A.M. No. 17-03-09-SC, Rule I, Sec.
Thousand (Php300,000.00) Pesos
(Implementing Rules and Regulations of 7(a))- _ <
A.M. No. 17-03-09-SC, Rule I, Sec. 4(d)).
Upon written request duly approved by the
Chairperson of the IBP Chapter Legal Aid
2. Other persons of Limited means Committee, the NCLA Director, or the chairperson,
- - This refers to persons or marginalized director, or supervising partner or lawyer from the
groups and entities who are not indigent parties Accredited Legal Aid Service Provider, any covered
or litigants but would, under the circumstances, lawyer may comply with the requirements of this
not financially able to afford the services of
'\
LEGAL ETHlCs
Legal and Judicial Ethics
CLAS Rules on weekends. Said lawyers may also NOTE: Under exceptional circumstances, (he
be entitled to an extension of the compliance period, pleadings may be signed solely by the covered
upon request of the concerned lawyer as may be lawyers only if it is urgent and in the event the
approved by the OBC (Implementing Rules and chairperson of the IBP Chapter Legal Aid
Regulations of A.M. No. 17-03-09-SC, Rule I, Sec. Committee, NCLA Director, or the chairmen‘
7(b)). director, or supervising partner _or lawyer from
the Accredited Legal Aid Service Provider is
NOTE: The twelve (12) month period may be unavailable, but such Signature Page shall
extended upon a petition duly submitted and granted indicate the name of the concerned supervising
by the Bar Confidant, who will furnish the Office of lawyer (Implementing Rules and Regulations of
the Chief Justice with a copy of the order resolving A.M. No. 17-03-09-SC, Rule ll, Sec. 10). .
the petition. The petition for extension must be filed
within sixty (60) days before the lapse of the period Records of Compliance
for compliance (Implementing Rules and - The IBP Chapter Legal Aid Committee,
Regulations of A.M. No. 17-03-09-SC, Rule ll, Sec. NCLA or the accredited Legal Aid Service
13 (b)). Provider shall keep a record of the timelhoure
spent by covered Iavvyers in rendering free legal
In order to address possible economic hardships aid services to qualified parties or litigants
that may be caused by strict compliance with the (Implementing Rules and Regulations of A.M_
CLAS Rule, or for any justifiable reason (such as No. 17-03-09-SC, Rule II, Sec. 11).
physical disability, illness, post-graduate study
abroad, and other similar grounds), qualified lawyers The said committee or legal aid service provider
may request compliance with this Rule for two (2) shall designate a person responsible to keep
years (Implementing Rules and Regulations of A.M. timesheets containing the n_umber of hour(s)
No. 17-03-09-SC, Rule ll, Sec. 13 (c)). _ spent every ‘week by each covered lawyer in
rendering free legal aid services for each
Rules on Compliance - L assigned case and/or client (Implementing
1. Supervision of Covered Lawyers Rules and Regulations of A.M. No. 17-03-09-
- Representation in civil and criminal cases SC, Rule ll, Sec. 11).
before courts and in administrative cases before
quasi-judicial agencies and the rendition of other Time spent in the office or at the place ?
pro bono legal aid services shall be under the designated by the IBP Chapter Legal Aid
direct supervision and control of the Chairperson Committee, NCLA‘or Accredited Legal Aid .
of the IBP Chapter Legal Aid Committee, NCLA Service Provider, regardless of whether there
Director, or the chairman, ,_ director, or areyclients attended to or not, shall also be
supervising partner or~ lawyer. from the recordedand included in the computation of the
Accredited Legal Aid Service Provider. where the hours requiredby the CLAS Rules. The actual
covered lawyers are registered or__affiliated hours spent by the covered lawyers in court- or
(Implementing Rules and Regulations of A.M. before any quasi-judicial agency with the client
No. 17-03-09-SC, Rule ll, Sec. 9). - _ ' , shall likewise be recorded and counted
(Implementing Rules and Regulations of A.M.
2 . Signing of Pleadings Filed by Covered No. 17-03-09-SC, Rule ll, Sec. 11).
Lawyers
- Any and all pleadings, motions, briefs, Continuous Handling or Turn Over of
memoranda, or other papers to be filed in court Cases
or any quasi-judicial agency rriust be signed by - Representation, once entered, by covered
the covered lawyers and co-signed by the lawyers in cases before the courts or quasi-
chairperson of the IBP Chapter Legal Aid ludicial agencies, shall continue until terminated;
Committee, NCLA Director, or the chairman, provided, that after the twelve-month period, the
director, or supervising partner or lawyer from requirement of supervision shall no longer be
the Accredited Legal Aid Service Provider mandatory (Implementing Rules and
(Implementing Rules and Regulations of A.M. Regulations of A.M. No. 17-03-09-SC, Rule II,
No. 17-0;?-09-SC, Rule II, Sec. 10). Sec. 14). .
Should the covered lawyer, upon compliance with
the Rule and lapse of the twelve-month period,‘ be
unable to continue representation of the party by
reason of professional conflict of interest arising from
his or her employment, helshe may tum over the
handling of the cases to the IBP Chapter Legal Aid
i"
MEM/QRY AID
gm Bede uwera-ty Cologe of Law - RQCT Bar Operations Corner
Regulations of A.M. No. 17-03-09-SC, Rule III, Sec. measures depending on the reasons for and the
1 5). gravity of the non-compliance (Implementing
Rules and Regulations of A.M. No. 17-03-09_
The covered lawyer, in compliance with this Rule, SC, Rule VI, Sec. 21(a)). -
shall not also receive any fomi of monetary reward
or consideration from the IBP Chapter, NCLA or the 2, Any covered lawyer who refuses or fails lo
Accredited Legal Aid Service Provider comply with the requirements shall be required
(Implementing Rules and Regulations of A.M. No. by the Committee Chairperson to show cause in
17-03-09-SC, Rule Ill, Sec. 15). . writing within five (5) days from receipt 0_f notice
why he/she should not be considered delinqueni
Benefits , - or a member not in good standing (Implementing
A covered lawyer who successfully complies with the Rules and Regulations of A.M. No. 17-03-09-
free legal aid service requirements of the CLAS Rule SC, Rule VI, Sec. 21(b)). 4
shall be given the full credit of thirty-six (36) MCLE 3. Failure of covered lawyers to disclose the
units for the applicable three year-period, or the required number and date of issue of their
proportionate number of units for the cycle covered- certificateof compliance or exemption in their
by the compliance period_under the MCLE Rules pleadings during the flve-year period would be a
(Implementing Rules and Regulations of A.M. No. ground for disciplinary action (Implementing
17-03-09-SC, Rule III, Sec. 17(a)). _ Rules and Regulations of A.M. No. 17-03-09-
SC, Rule VI, Sec. 21(0)). '
The grant of full credit shall be without prejudice, to 4. Without prejudice to criminal liability, a covered
any other legislated benefits that the covered lawyer lawyer or the chairman, director,_ or supervising
may be entitled to, such as tax exemptions and other partner or lawyer from the Accredited. Legal Aid »
similar benefits - (Implementing, ' Rules I and . .,$ervicePr'ovider, who falsifies the Certificate of
Regulations of A.M. No. 17-03:09-‘SC, Rule III, “Sec. Compliance or Exemption or such other related -‘
17 (b)). _. . ' ‘ documents required to be submitted under the ‘
CLAS Rules shall be administratively charged -I
NOTE: Those who are exempt underthis Rule shall by the IBP or the OBC before the Supreme Court
not be given any MCLE credit units. They..shall _ with any disciplinary action which may include
strictly comply with the .rules Ion the__ MCLE disbarment'- .(ImpIementing Rules and_
(Implementing Rules and Regulations of A.M. No. Regulations of A.M.@No. 17-03-09-SC, Rule VI,
17-03-09-SC, Rule III, Sec. :17;_(c)).. . Sec. 21(d)).‘ ; 1
Protection of Private Practice or Employment CANON 15: A‘ LAWYER SHALL}
The Rule on CLAS is not intended. to impair‘ the
private practice or employment of covered lawyers
OBSERVE_ CANDOR, FAIRNESS, AND
and of the supervising lawyers.'Barring any conflict LOYALTY IN ALL HIS DEALINGS AND.
of interest or any other violation of the Code. of TRANSACTIONS WITH HIS CLIENT. ‘~
Professional Responsibility, covered lawyers can Confidentiality Rule A _ '1
engage in private practice and accept paid clients or The confidentiality rule mandates that an attorney is '
be employed in the government or in the private not permitted to disclose communications made to
sector within the twelve-month period for compliance him in his professional character by a client, unless
(Implementing Rules and Regulations of A.M. No. the latter consents. This obligation to preserve the
17-03-09-SC, Rule III, Sec. 16). confidences and secrets of a client arises at thet
inception of their relationship. It even survives the
Consequences for Non-Compliance death of the client (Genato v. Silapan, A.C. 'No.i’
1. A covered lawyer who fails to comply with the 4078, July 14, 2003). " - ‘
requirements of the Rule on-CLAS shall be
required by the OBC to show cause in writing A client can only entrust confidential informationto .t
within ten (10) days from receipt of notice why hislher lawyer based on an expectation from the ._
no disciplinary action should be taken against lawyer of utmost secrecy _and discretion; the lawyer. "
himlher. for his part, is duty-bound to observe candor.
faimess, and loyalty in all his dealings an_d
Should the OBC find the covered lawyer's transactions with the client (Jimenez v. Francisco, -
explanation insufficient to justify the non- A.C. No. 10548, December 10, 2014). - A .-
compliance, it shall recommend to the Supreme
Court that the covered lawyer be disqualified lf they find that their client's cause is defenseless.
from being issued by the IBP a “certificate of then it is their bounden duty to advise the latter to
good standing" as member of the Bar. It may afiquiesce and submit, rather than to traverse the .
' also recommend any appropriate- disciplinary
4
5?
- \ '
MEM/QRY AID
5l\5°‘1l\-WW'IlYY°°|0Ol0luw-RQCTBmOporadoneCsntoi
incontrovertible (Rollon v. Naraval, A.C. No. 6424, asking the necessary questions regarding the facts
March 4, 2005). » _ and the personalities involved in the case (ld.).
(NOTE: For a more coherent discussion, Rules in case of conflict of interest between the lawyer and
15.01 and 15.03 will be discussed successively.) his client, the lawyershall give preference to his
client's interests (In Re: Tuazon, A.C. No. 396, July
RULE 15.01 - A lawyer, in conferring with a 31, 1964).
prospective client, shall ascertain as soon
as practicable whether the matter would The failure of the attorney to disclose his prior
engagement or. interest is a good ground for the
involve a conflict with another client or his client to discharge the attorney (PINEDA, supra at
own interest, and if so, shall forthwith 233).
inform the prospective client. ,
Rationale for the Prohibition" against Conflict of
REASON: The prohibition against representing interest
conflicting interest is founded on principles of public 1. The law seeks to assure clients that their
policy and good taste. in the course of the lawyer- lawyers will_ represent them with undivided
client relationship, the lawyer learns of the facts loy1ll§\ ' -
connected with the client's case, including the weak 2. Tm prqjbition against conflicts of _interest
and strong points of the case (Castro-Justo v. I enhance the effectiveness of legal
Galing, A.C. No. V6174, November 16, 2011). gggfgfl.-ntation; _
’)_ A dient has a legal right to have the lawyer
in conferring with a prospective client, a lawyer must "ltguard confidential information pertaining to
observe the requirements laid down in Canon 15 by
ascertaining as soon as practicable whether ll. Conflicts rules help ensure that lawyers will not
representing said client would involve a conflict with exploit clients, such as by inducing a client to
another then seek ‘the written ‘ consent of all \ . make a gift or grant in the lawyer's favor; and
concemed after a full disclosure of the facts. Failure 5. Some conflict-of-interest rules protect interests
to do so would lead to the charge of double-dealing of the legal system in obtaining adequate
(Palacios v. Atty. Amora, Jr., A.C. No. 11504, August presentations to tribunals (Paces Industrial
1, 201 7). I . Corp. v. Salandanan, A.C. No. 1346, July 25,
2017). -
\
Conflict of Interest .
in broad terms, lawyers are deemed to represent Lawyers Must Not Represent New Clients Whose
conflicting interests when, inbehalf of one client, it is Interests Oppose that of Former Clients '
their duty to contend for that which duty to another An attorney owes his client undivided allegiance. An
client requires them to oppose (Celedonio v. attorney may not, without being guilty of professional
~ Estrabillo, A.C. N0. 10553, July 5, 2017). - _ misconduct, act as counsel for a person whose
interest conflicts with that of his former client. This
NOTE: There is conflict of interest when a lawyer rule is so absolute that good faith and honest
represents inconsistent interests of two or "more intention on the erring lawyer's part do not make it
opposing parties (ViIlamor v. Jumao-as, A.C. No. inoperative. The reason for this is that a lawyer
8111, December 9, 2020). 1 acquires knowledge of his fomier client's doings,
whether documented or not, that he would ordinarily
Kinds of Conflicts of Interests: not have acquired were it not for the trust and
1. Concurrent Representation (Multiple) confidence that his client placed on him in the light
- occurs when a lawyer represents clients of their relationship (Legaspi v. ‘Fajardo, A.C. No.
whose objectivesare averse to each other, no 9422; November 19, 2018). ' A
matter how slight or remote such ‘adverse
interests may be (PINEDA, supra at 234); and RULE 15.03 - A lawyer shall not represent
conflicting interests except by written
2. Sequential Representation (Successive) consent of all concerned given after a full
- occurs when a law firm takes a present disclosure of the facts. _
client who has an interest adverse to the interest
of a former client of the same law firm (ld.). A lawyer may not, without being guilty of
professional misconduct, act as a counsel for a
A potential conflict of interest is a matter which person whose interest conflict with that of his present
could be determined at the initial conferment with a or former client. The proscription against
prospective client. A lawyer can readily determine representation ‘of conflicting interests finds
this by considering the facts given to him and by application where conflicting interests arise with
LEGAL ETHICS
Legal and Judicial Ethics
i
respect to the same general matter however slight improper For A Lawyer to APP“? as c°""$9l fei-
the adverse interest may be (Lee v. Simando, A.C. Qne Party Against His Present Client Even In A r
No. 9537, June 10, 2013). Totally Unrelated Case
It is improper for a lawyer to appear as counsel idl-
The rule likewise applies to law firms. Where a one party against his present client even in a totally
lawyer is disqualified from appearing as counsel in a unrelated case. With regard to a former client, the
case because of conflict of interests with the law firm traditional rule is to distinguish between related and
of which he is a member, as well as any member, unrelated cases. A lawyer may H01 F9P"9$6t1t a l
associate or assistant therein is similarlydisqualified subsequent client against a former _cli_ent in e
or prohibited from so acting (Hilado v. David, G.R. controversy that is related, directly ‘or indirectly, to 1
l
No. L-961, September 21, 1949). the subject matter of the previous litigation in which
he appeared for the former client. However, in the
REASONS: case of Rosacio v. Bulalacao (A.C. No. 3745,
1. To bar the dishonest practitioner from fraudulent October 2, 1995), the Supreme Court ruled that a >—I
conduct; and lawyer may not accept a case against a former 1
2. Prevent the honest practitioner from attempting client, even on an unrelated matter to avoid the
to reconcile conflicting interest rather than‘ to appearance of treachery and double dealing for only
enforce to the full extent the rights or the interest then can litigants be encouraged to entrust their
which he should alone represent (Hilado v. secrets to their attorneys which is of paramount
David, G.R. No. L-961, September 21, 1949). importance in the administration of justice
(MENDOZA-ARCEGA & DECHA VEZ, supra at 293~
Tests to Determine Conflicting Interests: " 294). '
~é-
-3:1
1. Conflicting Duties . . .
- whether a lawyer is duty-bound to fight for Effect of‘Absence of Monetary Consideration
The absence of monetary consideration does not 2I
an issue or claim in behalf of one client-and, at
the same time, to oppose that claim for the other exempt lawyers from complying with the prohibition
client; - i because it -attaches from the establishment of
attorney-client relationship and extends beyond the
2. Invitation of Suspicion _ P ' duration jof the professional relationship (Castro-
- whether the acceptance of a new relation Justo v. Galing, A.C. No. 61 74, November 16, 2011).
would prevent the full discharge of the*lawyer's
duty of undivided fidelity and loyalty to the client This rule covers not only cases in which confidential
or invite suspicion of unfaithfulness or double- communications have been confided, but also those -
._ :. -_
dealing in the performance of that duty;»or in_ which no confidence has been bestowed or will be 9
conflict of interest, an important criterion is Romanillos, A.C. No. 5580, June 15, 2005). '1I
4
probability, not certainty, of conflict (Quiambao v.
Bamba, A.C. No. 6708, August 25, 2005). , A lawyer's immutable duty to a former client does not 4
4
NOTE: The termination of attorney-client relation l
in"
MEM/QRY AID.
Sm Bodal.IworwtyCcIlego otuiw - RGCT8u Opgflttong cm“,
should not be divested by mere expiration of NOTE: However, if no prejudice is shown and
professional employment. Even after the severance the lawyer has displayed zeal and vigor ln_the
of the relation, a lawyer should not do anything which defense of the accused, the dual representation.
will injuriously affect his former client in any matter in although improper or erroneous, may not be a
which he previously represented him nor should he sufficient cause to warrant the setting aside of w l
disclose or use any of the client's confidences the judgment of conviction (People v. Magnibas,
acquired in the previous relation (Heirs of Falame v. l.l.l
G.R. No. L-10352, September 30, 1960). .-I
Baguio, A.C. No. 6876 (Resolution), March 7, 2008).
3. A lawy_er can be held Administratively liable
REASON: The client's confidence once reposed through disciplinary action and may be held
should not be divested by mere expiration of criminally liable for betrayal of trust (REVISED
professional employment (Anglo v. Valencia, A.C. PENAL CODE, Art. 209); and
No. 10567, February 25, 2015). 4. The attorney's right to fees may be Qefeated if
found to be related to such conflict and such was r
There is no conflict of interest when it is not shown objected to by the former client, or if there was a
by convincing evidence that, at the time the lawyer concealment and prejudice by reason of the
was acting as the present client's counsel, he indeed attomey's previous professional relationship
used any confidential information that he had with the opposite party (AGPALO, supra at 319).
obtained from the former client. Where the dispute
between the former and present clients is merely to Exceptions to the Rule Against Representation
enforce a contract such that the lawyer would not be _ of Conflicting Interests:
required to disclose any matter obtained from the Where the lawyer secures the written consent of all
former client, there is no conflict of interest (BSA concerned parties after a full disclosure of _the facts;
Tower Condominium Corporation v. Atty. Reyes II, and '
A.C. No. 11944, June 20, 2018).
NOTE: However, a lawyer cannot continue
Good Faith Not A Defense representing ya client in an action or any proceeding
The prohibition against representing conflicting against 5 party even with the client's consent after
interests is absolute and the rule applies even. if the the lawyer brings suit-in his own behalf against the
lawyer has acted in good faith and with nointention same defendant if it is uncertain whether the
to represent conflicting interests (Daging v. Atty. defendantwill be able to satisfy both judgments. A
Davis, A.C. N0. 9395, November 12, 2014). lawyer is nofauthorized to have financial stakes in
the subject matter of the suit brought in behalf of his
imputed Disqualification - client (Gamilla v. Merino, Jr. A.C. No. 4763, March
A partner or associate of a law firm cannotrepresent 20, 2003). . ; ~.
clients who have conflicting interests‘ with that of the
client of the firm itself. The employment of a law firm Where no true attomey-client relationship is
is equivalent to the retainer of the members thereof. attendant (Hilado v. David, G.R. No. L-961,
The disqualification applies even if the partner or September 21, 1949). .
associate had left the firm and never handled the
case of the client of the firm when he was still RULE 15.02 — A lawyer shall be bound by the
employed therein (MENDOZA-ARCEGA & rule on privileged communication in respect
DECHA VEZ, _supra at 295). of matters disclosed to him by a prospective
client.‘
Effects of Representing Adverse Interests:
(DJAD) Attorney=Client Privilege
1. Qisqualification as counsel of new client on An attomey or person reasonably believed by the
petition of former client (Hilado v. David, G.R. client to be licensed to engage in the practice of law
No. L-961, September 21, 1949); cannot, without the consent of the cljent, be
2. When such is unknown to and becomes examined as to any communication made by the
prejudicial to the interests of the new client, a client to him or her, or his or her advice given thereon
Judgment against such may, on that ground, be in the course of, or with a .view to, professional
set aside (Vda. de Zubiri v.< Zubiri, G.R. No. L- employment, nor can an attorney's secretary,
16745, December 17, 1966); ' stenographer, or clerk, or other persons assisting the
attorney be examined without the consent of the
client and his or her employer, conceming any fact
the knowledge of which has been acquired in such
capacity (RULES OF COURT, RULE 130, Sec. 24,
par. (b)).
Requlsites of Attomey-Client Privilege: (RCP)
LEGAL ETHICS
Legal and Judicial Ethics
NOTE: It is unethical and unacceptable for e A distinction should be drawn between a crime or
lawyer to use any information he gains during fraud committed and a crime or fraud being
the lawyer-client relationship against his client committed or about to be committed. The former
(Hierro v. Nava ll, A.C. No. 9459, January 7, comes within the privilege but not with respect to the
2020). latter (ld.).
Matters disclosed by a prospective client to a lawyer Form of Confidential Communication
are protected by the rule on privileged There is _no particular mode by which a confidential
communication even if the prospective client does communication shall be made by a client to his
not thereafter retain the lawyer or the latter declines attomey. The privilege is not confined to verbal or
the employment (Jimenez v. Francisco, A.C. N0. wntten communications made by the client to his
10548, December 10, 2014). a"°"leY_ but extends as well to information
communicated by the him to his lawyer by other
A document privileged upon delivery to an attomey means (People v. S _d' b - N_
remains its pnvileged character in the hands of a .l '.,£i1§g¢,<.<
client (ld.). 115439. July 16, 1997). an Igan awn’ GR O k
¢ 4
.\"1
5
LEGAL ETHICS
Legal and Judicial Ethics
An example of which is acting to mislead another RULE 15.08 - A lawyer who is engaged in >
that helshe possesses such power and influence to another profession or occupation
secure a favorable judgement (Calabines v. Gnilo, concurrently with the practice of law shall
A.M. No. 04-5-20-SC, March 14, 2007). make clear to his client whether he is acting
it is any agreement entered into because of the
actual or supposed influence administrative or as a lawyer or in another capacity. r.
-4"
1*.’J¢2'7.__-"
the judgment of the officer on the merits of the object one case and not in the other (AGPALO, supra at
sought (lntemational Han/ester Macleod, Inc. v. CA, 125). , ‘ ~ 1
conversation about a c|lent":IrioaffaIII-1s:?eerI This duty of a lawyer is generally derived from the
with members of his family. law on agency, which imposes the duties of
separation, accounting, notification, and delivery on
TO DBIIBT prgserv th I
all agents possessing the principal's property
confidences and secrets (AGPALO?supr: atlggigt s (FUNA, supra at 256).
Obligatlonsof a Lawyer Under Rule 16.01: (ARD)
1. When a lawyer collects or receives money from
A lawyer must preserve the con his client for a particular purpose, he should
of his clients not only in his if:/fnggizggdbfitcalestg promptly Account to the client how the money
outside including his home. He Should avoid was spent;
committing calculated indiscretion, that is accidental 2. if he does not use the money for its intended
revelation of secrets obtained in his pirofessignal purpose, he must immediately geturn it to the
employment (PINEDA, supra at 363-364). client; and
REASON: Reckless or imprudent disclosure of the NOTE: Money entrusted to a lawyer for a
affairs of his clients may prejudice them. Not every specific, such as for the processing of transfer of
member of the lawyer's family has the prgper land title, but not used for the purpose, should
orientation and training for keeping client‘-5 be immediately returned. A lawyer's failure to
confidences and secrets (Id. at 364). return upon demand the funds held by him on
behalf of his client gives rise to the presumption
RULE 21.07 - A lawyer shall not_reveal that that he has appropriated the same for his own
he has been consulted about a particular use in violation of the trust reposed to him by his
case except to avoid possible conflict of client (lsalos v. Cristal, A.C. No. 11822,
interest. . November 22, 2017). _
REASON: The disclosure and the lawyer's opinion A lawyer cannot disburse the client's money to
thereon create an attorney-client relationship, even the client's creditors without authority (In re:
though the lawyer does not eventually accept. the Abad, A.M. No. 139, March 28, 1983).
employment (Hilado v. David, G.R. No." L-961,
3. A lawyer has the duty to Qeliver his client's funds
September 21, 1949). ' or properties as they fall due or upon demand
(Treflas v. People, G.R. No. 195002, January
GENERAL RULE: if a lawyer was consulted about 25, 201-2). F _
a particular case, and irrespective of whether or not
he was thereafter hired as counsel, he should not NOTE: When an attomey unjustly retains in his
reveal to others the matter subject of consultation
(PINEDA, supra at 364). Hands money of his client after it has been
demanded, he may be punished for contempt as
an officer of the court who has misbehaved in his
EXCEPTION: When the lawyer will be placed in a official transaction; but contempt proceedings
situation of representing conflicting interests if he shall not be a bar to criminal prosecution
does not disclose the consultation to the next person (RULES OF COURT, Rule 138, Sec. 25).
consulting him on the same matter (Id. at 364).
RULE 16.02 - A lawyer shall keep the funds
CANON 16: A LAWYER SHALL HOLD IN of each" client separate and apart from his
TRUST ALL MONEYS AND PROPERTIES own and those of others kept by him.
OF HIS’ CLIENT THAT MAY COME INTO
HIS POSSESSION. REASON: To prevent confusion and possible
misappropriation of funds and properties, and
RULE 16.01 - A lawyer shall account for all appearance of impropriety. if the funds are kept in a
mqney or property collected or received for separate account, the temptation to convert them to
or from the client. personal use is one step removed (PINEDA, supra
at 273).
REASON: The highly fiduciary and ¢°"fide""a'
relation of attorney and client requires that the in re Abad, the Supreme Court held that in the
attomey should promptly account for all funds and absence of authority from his client, a lawyer is not
property received or held by him for the Clients allowed to disburse the money collected for his client
benefit (Garcia v. Manuel, A.C. No. 5811, January in favor of persons who may be entitled thereto
20, 2003). - considering that he owes fidelity to the client and not
LEGAL ETHlCs
Legal and Judicial Ethics
to the creditor (MENDOZA-ARCEGA 8. DECHAVEZ. (Please see discussions on the Basis of Attorney‘
supra at 327). Llen on p. 75-76) ‘
RULE 16.03 - A lawyer shall deliver the funds RULE 16.04 - A lawyer shall not borrow
and property of his client when due or upon money from his client unless the clients
demand. However, he shall have a llen on interests are fully protected by the nature of
the funds and may apply so much thereof as the case or by independent advice. Neither
may be necessary to satisfy his lawful fees shall a lawyer lend money to a client except,
and disbursements, giving notice promptly when in the interest of justice,_he has to
thereafter to his client. He shall also have a advance necessary expenses Ill a legal
lien to the same extent on all judgments and matter he is handling for the client.
the execution he has secured for his client
as provided for in the rules of court. Prohibitions under Rule 16.04: (BL)
1, Lawyer gorrowing money from client .
REASON: The failure of an attomey to retum the
client's money upon demand gives rise to the REASON: To prevent lawyer from taking
presumption that he has misappropriated it for his advantage of his influence over the client (Juniq
own use to the prejudice of and in violation of the v. Grupo, A.C. No. 5020, December 18. 2001),
trust reposed in him by the client (Manaloto v.
Reyes, A.C. No. 503, October 29, 1965). 6 4 _ EXCEPTION: The lawyer is allowed to borrow
Q money from his client provided the interestfor
Lawyers are Not Entitled to Unllaterally * the client is fully protected by the nature of the
Appropriate Their Clients‘ Money for Qcase or by independent advice (CPR, Canon 16,
Themselves by the Mere Fact that the Clients "Rule_"16.04).
\
Owethem Attomey‘s Fees - 2 '
Lawyers must give prompt notice to their clients of EXAMPLE: Alawyer may borrow money from a
any receipt of funds for or on behalfof their clients client bank because the client's interests are
(Luna v. Galarrita, A.C. No. 10662, July 7, 2015). fully ' protected -by the bank's rules. and
regulations ‘which have to be complied with
Without the clients consent, the lawyer has no (PINEDA, supra at 283).
authority to apply the client's money for his fees, but
he should instead retum the money to his client, A lawyer, who as guardian, borrowed money for
without prejudice to his filing a case to recover his his benefit using the property of the ward as
unsatisfied fees (Spouses Cuna v. Elona, A.C.‘No. collateral without-court approval is guilty of
5314, June 23, 2020). The fact that he subsequently misconduct (PINEDA, supra at 281).
retumed the amount does not exculpate him from his
breach of duty (Burbe v. Magulta, A.C. No. 5713 2. Lawyer Lending money to client
(Adm. Case No. 99-634), June 10, 2002)., . REASON: To assure the lawyer's independent
professional judgment (PINEDA, supra at 281).
Where there is a disagreement as to the ,law'y,er's
fees or when the client disputes the amount claimed lf the lawyer lends money to his client in
for being unconscionable, the lawyer should not connection with the client's case, the lawyer in
arbitrarily apply the funds in his possession to the effect acquires an interest in the subject matter
payment of fees; instead, he may file the necessary of the case or an additional stake in its outcome,
action to fix and recover the fees (J. K. Mercado and which create a conflict-_of-interest situation with
Sons Agricultural Enterprises v. De Vera, A.C. No. their clients and thereby directly violate the
3066, October 26, 1999). fiduciary duties they own them (Tangcay v.
Cabarroguis, A.C. No. 11821, April 2, 2018). '
Money collected by a lawyer on a judgment rendered
in favor of his client constitutes trust funds and must EXCEPTION: The lawyer may lend money to a
be immediately paid over to the client. As he holds client when it is necessary in the interest of
such funds as agent or trustee, his failure to pay or justice to advance necessary expense in a legal
deliver the same to the client after demand matter he is handling for the client subject to
constitutes conversion. Thus, whenever a lawyer reimbursement (PINEDA, supra at 283).
collects money as a result of a favorable judgment,
he must promptly report and account the money
collected to his client (Palencia v. Linsangan, A.C.
No. 10557, July 10, 2018).
iii5%-re§-<§L>gU e Center '
Elements of Prohibition: (RPCP) The lawyer should present every remedy or defense
1. There must be an attomey-client _l§elationship;_ authorized by law in support of his client's cause,
2. The Eroperty or interest of client must be in regardless of his persona| views (AGPALO, supra at
litigation; ~ . 207).
3. The attomey takes part as Qounsel in the case;
and Every attorney owes fidelity to the causes and
4. The attomey by himself or through another concerns of his clients. He must ever be mindful of
Purchases such property or interest during the the trust and confidence reposed in him by the
pendency of the litigation (Laig v. CA, G.R. No. clients. His duty to safeguard the clients’ interests
L-26882, April 5, 1978). ' commences from engagement as such, and lasts
until his effective release by the clients. During that
Other Instances Where Prohibition is Applicable: time, he is expected to take every reasonable step
1. Redemption, compromise, and renunciation of" and exercise ordinary care as his clients‘ interests
the subject in litigation (CIVIL CODE, Art. 1492); may require (Pesto v. Atty. Millo, A.C. No. 9612,
2. Lease of the subject in litigation (CIVIL CODE, March 13, 2013).
Art. 1646); and I
3 Assignment of rights over a property subject _of The termination of the attomey-client relationship
litigation in consideration of legal services while does not justify a lawyer to represent an interest
LEGAL ETHICS
Legal and Judicial Ethics
J
i"
MEMORY AID Cuna
"
diligence 'in the p erformance of his duty to file an_
Applicability of Command Responsibility in Law
Firm Practitioners answer. Every case a laviryer accepts deserves his
Partners and practitioners who hold supervisory full attention, diligence, skill. and ¢°mPe 9098.
dl 0 f'ts
l importance and whether
_ he accepts
capacities are legally responsible to exert ordinary
_ diligence in apprising themselves of the comings and irtegoarratfzs or for free (Santia99 V- F0195» A-Q N0-
goings of the cases handled by the persons over 4103, September 7, 1995).
which they are exercising supervisory authority and
in exerting necessary efforts to foreclose the DUTY TOKEEP THE CLIENT FULLY INFORMED
occurre nce of violations of the Code of Professional
__ ,
Responsibility by persons under their charge' RULE 18.04 _- A lawyer shall keep the client
(Solatan v. lnocentes, A.C. No. 6504, August 9, informed ofthetstatus of his case and shall
2005). . , ii . " respond i1vithin~,a reasonable time to the
“client's request for information. " '
The mle is that the negligence of the clerks, which
adversely affect the cases handled‘ by lawyers, is REASON: As an officer of the court, it is the duty of
binding upon the latter (Mendoza v. CA, G.R. No. an attorney to infonn his client of whatever important
182814, July 15, 2015). ' information he may have acquired affecting his
client's case. He should notify his client of any
Every case a lawyer accepts desen/es his full adverse decisionto. enable his client to decide
attention, skill, and competence, regardless of its whether to seek an appellate review thereof.
importance and whether he accepts it for a fee Keeping the client informed of the developments of _,_
(PINEDA, supra at 290). ~ the case will minimize misunderstanding and loss of
trust and confidence in the attomey (Layos v.
His license to practice law is a guarantee_by the l/illanueva, A.C. No. 8085, December 1, 2014).
courts to the public that he possesses sufficient skill
and knowledge to manage their causes (Pajarillo v. How to Keep Client Fully informed
WCC, G.R. No. L-42927, January 28, 1980).‘ 1. The client must receive from the lawyer periodic
and full updates on developments affecting the
The attomey's duty to safeguard the client's interests case; - ~
commences from his retainer until his effective 2. The lawyer should apprise the client on the
release from the case or the final disposition of the mode and manner that the lawyer is utilizing to
whole subject matter of the litigation (AGPALO, defend the client's interests; and
supra at 219). 3. The lawyer must advise the client of the risks as ~
A lawyer who received money to handle a client's well as the alternatives and their consequences
case but rendered no service at all shall be subject (FUNA, supra at 302).
to discipllnarymeasure (Dalisay v. Mauricio, A.C.
No. 5655, January 23, 2006). NOTE: A lawyer need not wait for their clients to ask
for information but must advise them without delay
The mere failure of the lawyer to perform the about matters essential for them to avail of legal
obligations due to the client is considered per se a remedies (Sps. Montecillo v. Gafchalian, A.C. No.
violation. The circumstance that the client was also 8371 (Resolution), June 28, 2017).
at fault does not exonerate a lawyer from liability for
his negligence in handling a case (Solidon v, Dull! in Case of Adverse Decision Against Client
Macalalad, A.C. No. 8158, February 24, 2010). The client must be informed within the period of
appeal to enable him to decide whether or not he will
/,/T .
‘III ‘ ’
M EM/@~RY AI o
Sm gm; Urwomy College ol Law - RGCI Bu Opomllong center
still seek an appellate review of the decision 4 In appeal from the lower court to the
RTC, uP°"
CA
(PINEDA, supra at 301). docketing of _A_ppeal. Failure t0_ 8F:Pfc?' $3 so
despite instructions by lhB_ Che" n the pan
Respondent lawyer breached the duties imposed by constitutes inexcusable negligence1g04 of the
Rules 18.03 and 18.04 when he failed to reconstitute of the counsel. Canon 18, Rule is client
or tum over the records of the case to his client. His CPR requires a lawyer to keep d S end
negligence manifests lack of competence and informed of the status of the case an’ re puest
diligence required of every lawyer. Respondent's within a reasonable time to the client; fgq N0
sentiments against complainant is not a valid reason for information (Abiero v. Juanino, . - -
for him to renege on his obligation as a lawyer. The 5302, February 18, 2005). l
moment he agreed to handle the case, he was
bound to give it his utmost attention, skill, and Duties of a Counsel when the Accused Intends
competence (Gone v. Ga, A.C. No. 7771, April 6, to Plead Guilty , .
2011). . It is the duty of the defense counsel when his client
desires to enter a plea Of Quilt)’ I01 IACEPAI
Doctrine of imputed Knowledge 1 Fully _Acquaint himself with the records and
GENERAL RULE: Any fact a lawyer acquired during surrounding circumstances of thelcase; _ _
the existence of the attorney-client relation and while 2. Qonfer with the accused and obtain from him his
acting within the scope of his authority, is imputed to account of what had happened;
the client (Heirs of Falame v. Baguio, A.C. No. 6876 3. Thoroughly §_xplain to him the import of a guilty
(Resolution), March 7, 2008). plea and the inevitable conviction that will follow.
4. See to it that the prescribed Erocedure which
REASON: An attorney, who has notice of matter experience has shown to be necessary to the
affecting his client, ' is presumed to have administration of justice is strictly followed and
communicated the same to his principal in the disclosed in the court records; and '
course of professional dealings (Johnlo Trading Co 5. Advise him of his constitutional rights (People v.
v. Flores, G.R. No. L-3987, May 18, 1951). A -Silvestré, G.R. No. L-33821, June 22, 1973).
The doctrine applies whether or not the lawyer Duty of a Party-Litigant as Regards his Case or
actually communicated to the client what he learned Cases
in his professional capacity, the attorney and his it is a ‘client's duty to be in touch with his counsel so
client being, in legal contemplation, one juridical as to be constantly posted about the case. The client
person (AGPALO, supra at 350). , is mandated to inquire from his counsel about the
status and progress of the case from time to time
in many agencies, there is information asymmetry and cannot expect that all he has to do is sit back,
between the principal and the entrusted agent. That relax, and wait for the outcome of the case (GCP-
is, there are facts and events that the agent must Manny Transpori Sen/ices, Inc. v. Principe, G.R. No.
attend to that may not be known by the principal. 141484, November 11, 2005).
This information asymmetry is even more
pronounced in an attorney-client relationship. CANON 19: A LAWYER SHALL
Lawyers are expected, not only to be familiar with
the minute facts of their cases, but also to see their REPRESENT HIS CLIENT WITH ZEAL
relevance in relation to their causes of action or their WITHIN THE BOUNDS OF THE LAW.
defenses. it is the iaiiiryer that receives the notices A lawyer owes entire devotion to the interest of the
and must decide the mode of appeal to protect the client, wami zeal in the maintenance of and defense
interest of his or her client (De Leon v. Atty. of his rights and the exertion of his utmost teaming
Geronimo, A.C. No. 10441, February 14, 2018). and ability, to the end that nothing be taken or
withheld from him, save by the rules of law, legally
EXCEPTIONS: applied (CANONS OF PROFESSIONAL ETHICS,
The doctrine of imputed knowledge does not apply Canon 15).
under any of the following instances: (COPA) '
1. If strict application might foster dangerous A_lawyer is expected to champion the cause of his
Collusion to the detriment of justice (AGPALO, client with wholeheartedvfidelity, care, and devotion.
supra at 354); ' This simply means his client is entitled to the benefit
2. If service of notice upon party insteadof upon of any and every remedy and defense. in the full
his attomey is Qrdered by court (RULES OF discharge of their duties to the client. lawyers shall
COURT, Rule 18, Sec. 3): not be afraid of the possibility that they may
3. Notice of Ere-trial shall be served to a party who displease the general public. Nevertheless, the CPR
has no counsel (RULES OF COURT, Rule 13, provides the limitation that lawyers shall perform
Sec. 2); and their duty to the client within the bounds of the law
LEGAL ETHICS
Legal and Judicial Ethics
(Trinidad v. Villarin, A.C. No. 9310, February 27. against the adversaries of his client designed (O
2013). secure a leverage to compel the adversaries to
yield or withdraw their own cases against the
While it is the lawyer’s duty to comply with the lawyer's client (Pena v. Aparicio, A.C. No. 7298,
client's lawful request, he should resist and should June 25, 2007); _
never follow any unlawful instruction of his client. In 2. The writing of demand letters_is a Standard
matters of law, it is the client who should yield to the practice and tradition in this jurisdiction
lawyer and not the other way around. He shall not However, the letter in this case contains more
allow his client to dictate the procedure in handling than just a simple demand to pay. it even
the case (Millare v. Montem, A.C. No. 3283, July 13, contains a threat to file retaliatory charges
1995). against complainant, which have nothing to do
with his client's claim for separation pay. indeed,
A lawyer's duty is not to his client but to the letters of this nature are definitely proscribed by
administration of justice; to that end, his client's the Code of Professional Responsibility (/d.);
success is wholly subordinate and his conduct ought 3. A lawyer who altered the material dates to make
to and must always be unscrupulously observant of ' it appear that the Notice of Appeal was timely
law and ethics (Pena v. Aparicio, A.C. No. 7298, filed committed an act of dishonesty. Such Iega|
June 25, 2007). subterfuge to mislead the court and to cover Up
for his failings toward his client is not only a
DUTY TO RESTRAIN CLIENT FROM disgraceful indictment on his moral fiber and
IMPROPRIETY . personal fitness as a lawyer but also an
~ embarrassment to his brethren in the Bar
RULE 19.01 - A lawyer shall emp_loy only fair (Rivera v. Corral, A.C. No. 3548, July, 4, 2002);
and honest means to attain‘ the lawful and '
objectives of his client and shall not 4. A lawyer's act of advising complainant to go into
hiding in order to evade arrest in the criminal
present, participate in presenting, or case can hardly bemaintained as proper legal
threatening to present unfounded criminal advice since the same constitutes transgression
charges to obtain an improper advantage in of the ordinary processes of law (Pitcher v.
any case or proceeding. I Gagate, A.C. No. 9532, October 8, 2013). -
Under this Rule, a lawyer should not file or threaten DUTY OF LAWYER IN CASE OF KNOWLEDGE
to file any unfounded or baseless criminal case or OF CLlENT'S FRAUD - .
cases against the adversaries of_ his client designed
to secure a leverage to compel the adversaries to RULE 19.02, - A lawyer who has received
yield or withdraw their own cases against the information that his client has, in the course
lawyer’s client (MENDOZA-ARCEGA & of the representation, perpetrated a fraud
DECHA VEZ, supra at 367).
upon a person or tribunal, shall promptly
Duty to Employ Only Fair and Honest Means call upon the client to rectify the same, and
1. A lawyer should employ such means only as are failing which he shall terminate the
consistent with truth and honor. Among others, relationship with such client in accordance
he should not offer in evidence any document, with the rules of court.
which he knows is false nor present any witness
whom he knows, will perjure (AGPALO, supra at A lawyer should use his best efforts to restrain and
214). to prevent his client from doing those things, which
2. in espousing his client's cause, a lawyer should he himself ought not to do, particularly with reference
not state his personal belief as to the soundness to the conduct toward the court, judicial officer,
or justice of his case (ld.). witness and suitor and if the client persists in such
wrongdoings, the lawyer should terminate their
NOTE: The lawyefs belief has no real bearing on relation (CANONS OF PROFESSIONAL ETHICS.
the case (People v. Prieto, G.R. No. L-399, January Canon 16).
29, 1947). if the expression of personal views were
permitted, -that would give improper advantage to the Under Rule 22.01, a lawyer may withdraw his
experienced and better-known lawyers whose views senrices when the client pursues an illegal or.
would carry more weight (AGPALO, supra at 214). immoral course of conduct in connection with the
matter he is handling (CPR, Canon 22, Rule 22.01).
EXAMPLES:
1. A laviryer should not file or threaten to file any GENERAL RULE: A lawyer may not volunteer the
unfounded or baseless criminal case or cases information concerning the client's [prior]
I
—||I"
MEM»Q~RY AID
SUB“. W “°“““""GcT3l'0poret;or\eCentq
commission of fraud to anybody, as ii wi|| viojaje his Authority of a Lawyer to Appear for or Represent
obligation to maintain his client's secrets a Client
undisclosed (AGPALO, supra at 218).
Appearance I
EXCEPTION! Willie 8 Communication relating to it is the coming into court as a party, either as a
fraud already committed ' is privileged a plaintiff or as a defendant, and asking relief
communication seeking advice as to the commission therefrom (AGPALO, supra at 318). ' LEG
of a fraud or the establishment of a false claim is an
exception to‘ attorney-client privilege (AGPALO, Kinds of Appearance:
supra at 283; see Canon 21 of CPR). 1. General Appearance
- one that is done by a lawyer for any act
AUTHORITY OF A LAWYER except to question the jurisdiction of the court
(ALBANO, supra at 162).
RULE 19.03 - A lawyer shall not allow his
client to dictate the procedure in handling 2. Special Appearance
the case. - _ . - one solely intended to question the
jurisdiction of the court (ld.).
The lawyer has exclusive management of the
procedural aspect of the litigation. This means all Presumption of Authority _
that the lawyer has exclusive prerogative in the An attorney is presumed to be properly authorized to
following proceedings in court: (BE) represent any cause in which he appears, and no
1. §rin_g the claim, demand, and cause of action or written power of attomey is required to authorize him
SUbj6Ct‘ matter of the suit to hearing, trial, to appear in court for his client.
determination, judgment and execution; and While a lawyer is presumed to be properly
2. Enforce the remedy (Samonte v. Samonte, G.R. authorized to represent any cause in which he
No. L-40683, June 27, 1975). appears, he may however be required by the
presiding judge on motion of either party to produce
As to the substantial aspect, he can bind the client his authority under which he appears (RULES OF
only with the client’s express or implied consent COURT, Rule ‘138, Sec. 21).
(AGPALO, supra at 333). j
Disputable Presumption
The client has exclusive control over“: (CDS) The presumption that an attorney is duly authorized
1. The Qause of action; to manage litigation is a disputable one and may be
2. The claim or Qemand sued upon; and overcome ‘by clear evidence to the contrary.
3. The §_ubject matter of the litigation (Caballero v. (Mercadov. Ubay, G.R. No. L-35830, July 24, 1990).
Deiparine, G.R. No.' L-39059, September 30,
1974). . - However, a mere denial by a party that he has
8UU‘lOl'iZ8d an attorney to appear for him, in the
absence‘of any compelling reason, is insufficient to
A client may waive, surrender, dismiss, or overcome the presumption especially when the
compromise any of his rights involved in litigation in denial comes after the rendition of an adverse
favor of the other party even without or against the judgment (Maersk Filipinas Crewing lnc. v. Ramos,
consent of his attomey (PSCFC Financial Corp. v. G.R. No. 184256, January 18, 2017). .
CA, G.R. No.106094, December 28, 1992).
Parties _Who Can Challenge a Lawyer's
The Code wams a lawyer not to allow his client to Appearance
dictate the procedure in handling the case. in short, The authority of a lawyer to appear may be
a lawyer is not a gun for hire (Millare v. Montero, A.C. challenged by the client because such relationship
No. 3283, July 13, 1995). partakes of the nature of agency. it may likewise be
challenged by the adverse party. But the challenge
A laviryer who files a pleading which contains must be seasonably done otherwise, estoppel would
contemptuous allegations cannot evade come in (ALBANO, supra at 162).
responsibility by saying that he ‘IS merely _the
"mouthpiece" of his client and that his client verified Effects of an Unauthorized Appearance:
the same. As a lawyer, he is not just an instrument 1. Party is not bound by the attomey's appearance
of his client (Wicker v. Arcangel, G-R N0- 112869. in the case or by the judgment rendered therein;
January 29. 1996). 2. Court does not acquire Jurisdiction over the
e person if the party has not been served with
summons: -
LEGAL ETHICS
Legal and Judicial Ethics
REASON: The client, even if represented by CANON 20: A LAWYER SHALL CHARGE
counsel, retains exclusive control over the subject ONLY FAIR AND REASONABLE FEES. A
matter of the litigation. The client can, of course, RULE 20.01 - A lawyer shall be guided by the
authorize his lawyer to compromise his case, and
the settlement made by the lawyer will bind his client following factors in determining his fees:
(AGPALO, supra at 334).. (TNIS-PCACZP)
a. The lime spent and the extent of the service
rendered or required; '
b. The Novelty and difficulty of the questions NOTE: However, if there is a quasi-contract. the
involved; lawye r must be p aid reasonable ' attomeys fees
c, The lmportance of the subject matter; based on quantum meruit (P/NEDA, supra at 317).
d. The §kili demanded; I
e. The Probability of losing other employment TWO CONCEPTS OF
as a result of acceptance of they proffered ATTORNEY’S FEES
case;
f. The _(_2_ustomary charges for similar services
and the schedule of fees of the IBP chapter
to which he belongs;
g. The Amount involved in the controversy and The reasonable An indemnity for
the benefits resulting to theclient from the compensation paid to damages ordered by the
service; _ the lawyer for the legal court to be paid by the
h. The Qontingency or certainty of services he had losing party to the
compensation; . rendered in favor of his prevailing party . in a
i. The Qharacter of the employment, whether client. litigation.
occasional ‘or established; and
j. The Professional standing of the lawyer.
Basis for Attorney's Fees Paid to the lawyer GENERAL RULE: Paid
The fact of employment as lawyer by the client to the client
constitutes the legal basis of the lawyer’s right to EXCEPTION: Paid to the
demand payment for his services. No formal contract lawyer when there is an
is necessary to effectuate employment (PINEDA, agreement that the
supra at-316). award shall pertain to the
lawyer as an additional
Reason for an Adequate Compensation . compensation or as part
it is necessary to enable the lawyer to serve his ~ thereof.
client effectively and to preserve the integrity and _;‘i5'.‘.A';".¥i'Z.,.i:.r-.";.;;;==_;,
-.¢..' ‘>1T:I"¢';f.'i‘}. '3 r ‘ ~. . . .- » . - r
independence of the profession as well as its ._;-'r._2=* J ma» .»..'.. ‘__’ . . . . ." Ba5.i,3.7-J
r . ~ =.-
decorum and respectability. A lawyer like all other
human beings has a right to livelihood (Id. at 317). The . fact A of Any of the cases
employment? by- the authorized bylaw
Proper Time for Fixing Attorney’s Fees. client. ._
The proper time for fixing the attorney's fees is at the (Dalupan v. Gacott, A.C. No. 5067, June 29, 2015).
commencement of the laviryer-client relationship (De
Fajardo v. Bugaring, A.C. No. 5113, October 7, Attomey‘s Fees as Damages »
2004)..
GENERAL RULE: Attomey‘s Fees as damages is
Attorney's Fees Merely incidental not recoverable as a matter of right because it is not
The compensation of a lawyer should be a mere the fact of winning that ipso facto justifies the award
incident of the practice of law, the primary purpose but the attendance of any of the special
of which is to render public service (AGPALO, supra circumstances (Philippine National Construction
at 386). Corporation v. APAC Marketing, G.R. No. 190957,
June 5, 2013).
Being primarily an officer of the court charged with
the duty of assisting the court in rendering impartial EXCEPTIONS: (A-JIGSAW-MUSCLE)
justice, what a lawyer may collect as his fees is 1. There is an Agreement;
always subject to judicial control (Mambulao Lumber 2. When the court deems it gust and equitable;
Co. v. PNB, G.R. No. L-22973, January 30, 1968). 3. in actions for lndemnity under workmen's
compensation and employees’ liability laws;
Requisites for the Right to Attomey‘s Fees: 4. Defendant acted in Qross and evident bad faith;
1. Existence of attorney-client relationship; and 5. Actions for §upport;
2. Rendition by the lawyer of services to the client 6. When at least double costs are Awarded which
(Arce v. PNB, G.R. No. L-43053, December 9, is usually awarded to frivolous actions;
1955). 7. Cases for the recovery of Wages; '
8. in criminal cases of Malicious prosecution
a. Defendant was acquitted;
LEGAL ETHICS
Legal and Judicial Ethics
b. Person who charged him knowingly made agreement not contrary to law, morals or pubjic
the false statement of facts or that the filing‘ policy (PINEDA, supra at 324).
_Wa_s prompted by sinister design to vex him.
9. Action is clearly gniounded and is so untenable Acceptance Fees
that it amounts to gross bad faith; Acceptance fee refers to the charge imposed by the
10. A §pecial law so authorizes; lawyer for merely accepting the case. This ie
11. in separate t'_;ivil action arising from a crime; because once the lawyer agrees to represent e
12. Defendant's action or omission in gross bad faith client, he is precluded from handling cases of the
compelled plaintiff to Litigate; and opposing party based on the prohibition on coniliq
13. gxemplary damages are awarded (AGPALO, of interest. Thus, he incurs an oggortunig cost by
supra at 437-442). merely accepting the case of the client which is
therefore indemnified by the payment of acceptance
NOTE: The accepted rule is that the reason for the fee. Since the acceptance fee only seeks to
award of the attomey's fees must be stated in the compensate the lawyer for the lost opportunity, it is
text of the court's decision; otherwise, _if it is stated not measured by the nature and extent of the legal
only in the dispositive portion of the decision, the senrices rendered (Dalupan v. Gacott, A.C. NQ
same must be disallowed on appeal (Policarpio v. 5067, June 29, 2015).
CA, G.R. No. 94563, March 5, 1991).
Written Contract of Attorney's Fees is the Law
REASON: The award of attomey's fees, being an Between the Lawyer and the Client
exception rather than the general rule, it is ' Stipulation regarding the payment of attomey's fees
necessary for the court to make findings of facts and is neitheriliegal nor immoral and is enforceable as
law that would bring the case within the exception the law between the parties, as long as such
and justify the grant of such award (Agustin v. CA, stipulation does not contravene law, good morals,
G.R. No. 84751, June 6, 1990). I V good customs, ‘public order, or public policy
(Reparations Commission v. Visayan Packing
Employees are entitled to attomey's fees, Corporation, . G.R.» No. L-29673, November 12,
notwithstanding their availment of free legal'services 1987). 2 '~ 8. .
offered by the PAO and the amount of attorney's
fees shall be awarded to the'PAO as ’-a token Situations When Counsel Cannot Recover the
recompense to them for their provision of free legal Full Amount, Despite’ a Written Contract for
services to litigants who have no means of hiring a Attorney's Fees: ” i 1 '
private lawyer (Cabanas v. Abelardo G. Luzano Law 1. . Sen/ing adverse interest, unless he acted with
Office, G.R. No. 225803, July 2,720.18). I ‘ the consent of bothparties;
2; Counsel's services were worthless because of
The expiration of the retainer contract between the ' his negligence (Delos Santos v. Palanca,‘ G.R.
parties during the pendency of the labor case does i No. L-17815, August31, 1963); '
not extinguish the respondent's right to attorney's 3. Contract of employment is illegal; . _
fees (Uy v. Gonzales A.C. No. 5280, (March 30, '4. A Justified dismissal of the attomey - Payment will
2004). _ , 1 ' be reduced and determined based on quantum=-
1 ‘meruit (Cristobal v. Ocson, G.R. No. 19205,
Kinds of Payment that May be Stipulated Upon: "_ February 13, 1923);
(FCC) 5. Stipulated attorney's fees are in excess of what ,
1. fixed or Absolute Fee; is expressly fixed bylaw. Under the Labor Code,
Payable regardless of the result of the case: attorney's fees cannot exceed 10%; .
a. Fixed fee payable per appearance; 6. When the lawyer is guilty of fraud or bad faith ’,
b. Fixed fee computed by the number of hours toward his client in the matter of his employment e.
spent; or (Medina v. Bautista, A.C. No. 190, September‘,
c. Fixed fee based on piece of work (PINEDA, 26, 1964); "
supra at 324). 7. Stipulated attorney's fees are unconscionable; V
(Cruz v. CIR, G.R. No. L-18277, August 31,.,_er:-*-i¢:‘=-’
2. Qontingent Fee; and 1963); and - _ . '
Conditioned on the securing of a favorable 8. Sen/ices are not performed - As when the":
judgment and recovery of money or property counsel withdrew before the case is finished.
and the amount of which may be on a except when withdrawal is justified (PINEDA.. ‘
percentage basis (ld.). supra at 322-323). _ J‘
. 3
,‘.t
'1
;-J
gal3I. 5,-;,>~‘»*'-<52go
acceptance of the
. benefits
_ by eh e sought to be
Other Factors: (PF’) '
Cllafgegt f°T "18 Services rendered under the 1. Purchasing power of the Peso (Angara v.
circum ances as reasonably to notify h‘ th tth
lawyer performing the task was expectingrte D3 paig » Gorospe, G.R. No. L-9230, April 22, 1957);
compensation therefor (Quilban v. Robina] A M Ne 2. - Pault of the lawyer in the discharge of his duties
2144.Apn'l10, 1989). ' ' ' ' (Meralco Workers’ Union v. Gaerlan, L-24505,
April 30, 1970); or
it is used as basis for determining an attorney's 3. A The Pinancial capacity of the client (AGPALO,
professional fees in the absence of an ex tees supra at 418).
agreement. The recovery of an attorney's fees P on
When Attorney's Fees Reasonable
the basis of quantum meruit is a device that prevents The fee is reasonable if it is:
an unscrupulous client from running away with the 1. Within capacity of the client to pay; and
fruits of legal services of counsel without paying for 2. Directly commensurate with the value of the
it and also avoids unjust enrichment on the part of legal services rendered (PINEDA, supra at 341).
the attorney himself (Rosario, Jr. v. do Guzman,-et.
al., G.R. No. 191247, July 10, 2013),
NOTE: The judgehas the discretion to determine the
Instances of Recovery of Attorney's Fees Based reasonableness of the attorney's fees which must be
on Quantum Meruit: (FUN-C-DVD) . exercised soundly to maintain the dignity and
1. When, for justifiable cause, the lawyer was not respectability of the profession (ld.).
able to Pinish the case;
2. When although there is a formal contract for Opinions of Attorneys as Expert Witnesses Not
Controlling L
attomey's fees, the fees stipulated are found No court shall be bound by the opinion of attomeys
gnconscionable; ~ as expert witnesses as to the propercompensation
3. There is No express contract for -payment of but may disregard such testimony and base its
attomey's fees agreed upon between the lawyer conclusion on its own professional knowledge (ld.).
and the client; I '
4. When the laviryer was not able to fulfill one of the Whert Attorney's Fees are Unconscionable
Qonditions provided in the contract for legal Attorney's fees are unconscionable if they affront
services (Villarama v. De Jesus, G.R. No. one's sense of justice, decency or reasonableness.
217004, April 17, 2017); _ . in the instant case, the lawyers received an amount
5. When the lawyer and the client Qisregarded the which was equal to forty-four percent (44%) of the
contract for fees (Rilloraza v. Eastern just compensation paid or an amount. Considering
Telecommunications Phils. lnc.-, G.-R. No. that there was no’ full-blown hearing in the
104600, July 2, 1999); ' _ . expropriation case, ending as it did in a Compromise
6. When the contract for attorney's fees is Paid due Agreement, the 44% is, undeniably,
to purely formal defects of execution; and g unconscionable, and excessive under- the
7. When the client Qismissed his counsel before circumstances (Roxas v. De Zuzuarregui, Jr., G.R.
the termination of the case" (AGPALO, supra at No. 152072, January 31, 2006).
415).
Stipulated attomey's fees are unconscionable
Factors in Determining Attorney's Fees Based whenever the amount is by far so disproportionate
on Quantum Meruit: (TNIS-PCAC'P) r compared to the value of the services rendered as
1. _'[ime spent and extent of the services rendered to ‘amount to fraud perpetrated upon the client.
. or required; ' (Enriquez v Suing, -G.R. No.194814, October 21,
Novelty and difficulty of questions involved; 2015).
lmportance andl or value of subject matter;
§kill demanded of a lawyer; Although a counsel's right to his lawyer's fees is
. Probability of losing other employment; A recognized, the same must not amount to a
°"—“: *$»°!\> Qustomary charges for similar services and deprivation of property of his client, such~as when
schedule fees of IBP; the attomey's fees amounted to almost 50% of the
7. Amount involved in the controversy and benefits value of the property litigated (Riguer v. Mateo, G.R.
resulting to the client from the service; _ _ No. 222538, June.21, 2017). -
8. Qontingency or certainty of compensation, -
9. Qharacter of employment; and Contingent Fee Arrangements
10. Professional standing of the lawyer (CPR R"/9 Contingent fee contract is an agreement in writing
20.01). where the fee, often a fixed percentage of what may
be recovered in the action, is made to depend upon
the success of the litigation'(VilIarama v. De Jesus,
G.R. No. 217004, April 17, 2017). -
LEGAL ETHICS
Legal and Judicial Ethlce
j
MEM/QRY AID
$anBO¢lU'W°'5"Y¢°"Q°OfL£w-RGCTBUOp0ratl0r\lCentor
icion on the par! 07
Fees of Collaborating Counsel in case of Lawyer- There should be no room for susp , ensahon
,
Referral th e c Iient that his lawyer is receiving COMP .
lf another counsel is referred to the client, and the in connection with the case from third persons With
latter agrees to take him as collaborating counsel, hostile interests (ld.). _ V _
and there is no express agreement on the payment
of attomey's fees, the said counsel will receive Wh a te ver a lawyer receives from the opposite _p8FtY
attomey's fees in‘ proportion to the: (WR) in the service of his client belongs to the client, in the
1, flork Performed; and . absence of client's consent (ld.). V
2. Responsibility assumed.
Basis of Attorney's Lien
In case of disagreement, the court may fix the An attomey shall have a lien upon the funds,
proportional division of fees (PINEDA, supra at 346). documents and papers of his client which have
lawfully come into his possession and may retain the
If the lawyers were engaged at different stages of the same until his lawful fees and disbursements have
case, and there are no specific contracts executed, been paid, and may apply such funds to the
' thereof. He shall also have a lien
satisfaction ' t o the
the lawyer who bore the brunt of the prosecution of
the case to its successful end is entitled to the full same extent upon all judgments for the payment of
amount of his fees despite the fact that the client has money, and executions issued in pursuance of such
retained another lawyer as "exclusive" counsel who judgments, which he has secured in a litigation of IBIIS
'
client, '
from and after the time when he sha ll h ave t e
appeared only after the rendition of a favorable
judgment (Cruz v. CIR, G.R. No. L-18277, August caused a statement of his claim of such lien to be
31, 1963). entered upon the records of the court rendering such
judgmen t , or IS
' suin g such execution . and shall have
Prohibitions: _ ' - the caused written notice thereof to be delivered to
1. It is improper for a lawyer to receive his client and to the adverse party; and he shall have
compensation for merely recommending the same right and power over such judgments and
another lawyer to his client and render no legal executions asjhis client would have to enforce his
service at all in the pursuit or defense of the lien and secure the payment of his just fees and
client's case (PINEDA, supra at 347); disbursements (RULES OF COURT, Rule 138, Sec.
37).
REASON: This practice, if allowed and abetted,
will commercialize the legal profession for the Types of Attorney's Liens
recommending lawyers will be acting like 1. Charging Lien r
"agents" for the others (ld.). An equitableright to have the fees and lawful
disbursements due a lawyer for his services in a
2. Attomey’s fees cannot be shared to a non- suit secured to him out of the judgment for the
lawyer (Amalgamated Laborers’ Association v. payment of money and executions issued in
CIR, G.R. No. L-23467, March 27, 1968). A pursuance thereof in the particular suit
' (Metrobank v. CA, G.R. No. 86100-03, January
REASON: The existence of an attorney-client 23, 1990).
relationship is required as-a condition for the
recovery of attorney's fees (AGPALO, supra at Requisites for Enforceability of Charging
Lien: (MACS1) -
399). .
a. Favorable Money judgment secured by the
counsel for his client; ' ‘
RULE 20.03 - A lawyer shall not, without the b. An Attorney-client relatic-nship; -
full knowledge and consent of the client, c. The attorney has a Qlaim for attomey's fees
accept-anyefee, reward, costs, commission, or advances;
interest, rebate or fonivarding allowance, or d. The attorney has rendered Services; and
other compensation whatsoever related to e. A §tatement of the claim_has been duly
his professional employment from anyone recorded in the case with notice thereof
other than the client. ' served upon the client and the adverse party
(Metropolitan Bank & Trust Co. v. CA, G.R.
REASON: To secure the lawyer's wholehearted No. 88866, February 18, 1991).
fidelity to the client's cause and to prevent that
situation in which the receipt by him of a rebate or P|’°P6l'tY it? Whi<=h_Charging Lien Attaches
commission from another in connection with the An attorney s charging lien, once duly recorded, and
client's cause may interfere with the full discharge of attaches to the judgment for the payment of money
his duty to his client (AGPALO, supra at 414). and the executions issued in pursuance Qf such
judgment. The charging lien does not attach to
LEGAL ETHlCs
Legal and Judicial Ethics
property or land in litigation (Metropolitan Bank & or trustee (Matute v. Matute, G.R. No. L-27832, Ma
Trust Co. v. CA, G.R. No. 88866, February 18. 28. 1970). ” Y
1991).
DISTINCTIONS BETWEEN
Effects of a Valid Charging Lien: (CFRES) RETAINING LIEN AND
1. A Qollateral security on real or persona| CHARGING LIEN
Properly:
2. follows the proceeds of the judgment Obtained
for the client in the case wherever they mall be
and whoever received them; ~ _ -
3. Gives the lawyer the Right to collect. in payment A
L, _~ -Retaining Lien A Charging Lleh A 2. Court has decided that it has no jurisdiction over
the action or has already lost it;
parts with the funds, againsl a judgment 3. Person liable for attorney's fees is not a party to
documents and papers, awarded in favor of the the main action;
but NOT when the client. the D roce eds 4. Court reserved to the lawyer the right to file a
documents have been thereof or executions separate civil suit for recovery of attorney's fees;
improperly or illegally thereon 5. Services for which the lawyer seeks payment
taken from lawyer's are not connected with the subject litigation; and
custody. 6. The court rendered judgment without requiring
payment for attomey's fees and the judgment
(ZIQIEDA, supra at 388; AGPALO, supra at 450, has become final (Lizardo, Sr. v. Montano, G.R.
No. 138882, May 12, 2000).
Enforcement of Attorney's Fees Defenses
An action for recovery of attorney's fees is subject to
RULE 20-04 - A lawyer shall avoid the usual defenses applicable to an ordinary civil
controversies with clients concerning his suit, such as: -
compensation and shall resort to judicial 1. Want ofjurisdiction;
action only _to prevent imposition, injustice 2. Res judicata;
or fraud. . Prescription of action;
-PC») Nullity of the contract for professional
GENERAL RULE services; .
A lawyer shall not file a case to enforce payment of 5. Negligence in the discharge of the
attomey's fees (Balingit v. Cen/antes, A.C. No. lawyer's duties; _
11059, November 9, 2016). 6. » Lack of attorney-client relationship;
7. Payment; or
EXCEPTIONS: (FIFI) 8. Unconscionableness of the amount
1. To prevent fraud; claimed (AGPALO, supra at 421).
2. To prevent jmposition;
_l_=_orced by the client's intolerable attitude; and NOTE: A govemment entity may also set up the
P9’ To prevent jnjustice (AGPALO, supra at 387). defense that the engagement of the private lawyer
claiming fees was neither approved nor authorized
Right to Protection of Attorney's Fees _ by the government (ld.). .
The duty of the court is not alone to see that a lawyer
acts in a proper and lawful manner; it is also his duty Effect of Nullity of Contract on the Right to
to see that a lawyer is paid his just fees (Id. at 387).. Attorney's Fees -
if the cause of the nullity of the contract is the
Forum A illegality ofthe object, the lawyer is precluded from
1. The very action in which the services in "question recovering attomey's fees (AGPALO, supra at 407).
have been rendered; or ~ If the cause‘ of the nullity is the want of authority of
The court having jurisdiction to try the r_nain one of the contracting parties, irregularity in the
formal execution, or the amount to be recovered is
action in which the lawyer rendered services has unconscionable, then _ the lawyer is allowed to
also jurisdiction to pass upon the question of recover attomey's fees based on quantum meruit
fees even though the total sum thereof is less (ld.).
than the jurisdictional amount cognizable by the
court (De Tolentino‘ v. Escalona, G.R. No. L- Execution
26556, January 24, 1969).
A final award of attomey's fees may be enforced by
execution. The award may be enforced against any
2. In a separate civil action (Pineda v. De Jesus, property of the client, including the proceeds of the
G.R. No. 155224. August 23. 2006). judgment secured for the client in the main action
(Albano v. Ramos, G.R. No. L-20426, May 24,
An independent civil action for recovery of 1967).
attorney's fees is subject to the same _
jurisdictional requirement as any other ordinary Compensation to Which a Lawyer is Entitled To
civil suit (De Tolentino v. Escalona, supra). Depending on His Capacity - .
1. Counsel de Parte
Instances When an independent Civil Action to - He is entitled to the reasonable attomey's
Recover Attorney's Fees is Necessary fees agreed upon (RULES OF COURT, Rule
1. Main action is dismissed or nothing is awarded;
LEGAL ETHICS
Legal and Judicial Ethics
138, Sec. 24), or in the absence thereof, on 5. Death of lawyer, unless it is a law firm;
quantum meruit basis.
NOTE: Upon his death any senliceof a decision
2. Counsel de Officio on him is ineffective and does not bind the CII8|'][_
- The counsel may not demand from the
accused attorney's fees even if he wins- the 6. Death of client as the relationship is persona|
case. He may, however, collect from the and one of agency (Barrameda v. Barbara, G_R_
government funds, if available based on the No. L-4227, January 28, 1952);
amount fixed by the court (RULES OF COURT. 7. Discharge or dismissal of lawyer by a client;
Rule 138, Sec. 32). 8. Disbarment or suspension of the lawyer from the
practice of law;
3. Amicus Curiae ’ 9. Qeclaration of presumptive death of the lawyer;
- He is not entitled to attorneys fees or
(AGPALO, supra at 399). 10. Appointment or §lection of the lawyer to a
government position which prohibits private
Restrictions on Some Lawyers to Charge Fees: practice of law (PINEDA, supra at 379-380).
1. A lawyer who is disqualified from engaging in the
private practice of law by reason of his NOTE: The attorney must inform the court‘ of the
government position may neither practice law termination of the attomey-client relationship _
nor, shouldihe do so illegally, charge attorney's except in nos. 2 and 6 (ld.).
fee for such services (Manguiat v. Manguiat,
A.C. No. 880, October 31, 1974); and RULE 22.01 - A lawyer may Withdraw his
2. An executor or administrator is prohibited from services in any of the following cases: (lClM-
charging the estate under his administration of FEO)
his professional fees for services rendered by a. When the client pursues an jllegal or immoral
him as a lawyer (RULES OF COURT, RULE 85. course of conduct in connection with the
Sec. 7). ‘ 1 matter he is handling;
b. When the client insists that the lawyer
WITHDRAWAL OF SERVICES ' pursue Qonduct violative of these canons
and rules;
CANON 22: A LAWYER SHALL c. When his jnability to work with co-counsel
WITHDRAW HIS SERVICES ONLY FOR will not promote the best interest of the
GOOD CAUSE AND UPON NOTICE client; = '
APPROPRIATE IN THE d. When the Mental or physical condition of the
lawyer renders it difficult for him to carry out
CIRCUMSTANCES. . the employment effectively;
The rule in this jurisdiction is that a client has the e. When the client deliberately [ails to pay the
absolute right to terminate the attorney-client fees for the services or fails to comply with
relation at any time with or without cause. The ‘right the retainer agreement;
of an attorney to withdraw or terminate the relation f. When the lawyer is §lected or appointed to
other than for sufficient cause is, however, "public office; and -
considerably restricted (Venterez v. Cosme, A.C. g. Qther similar cases.-
No. 7421, October 10, 2007).
NOTE: The right of an attorney or counsel to
LIMITATION: if the contract between client and withdraw from employment, once assumed, arises
attomey has been reduced to writing and the only from good cause. Even the desire or consent of
dismissal of the attorney was without justifiable the client is not always sufficient. The lawyers should
cause, the attorney shall be entitled to recover from not throw up the unfinished task to the detriment of
the client the full compensation stipulated in the
contract (RULES OF COURT, RULE 138, Sec. 26, his client except for reasons of honor or self-respect
par. (2)). (EJINONS OF PROFESSIONAL ETHICS, Canon
NOTE: The lawyer should question his discharge; RULE 22.02 - A lawyer who withdraws er is
otherwise he will only be allowed to recover on discharged shall, subject to a retainer lien
quantum meruit basis (ld.). Immediately turn over all papers aha
preperty to which the client is entitled, and
Limitations of Client's Right to Discharge His shall cooperate with his successor in the
Counsel: (WREN) orderly transfer of the matter, including an
1. Client cannot deprive counsel of his right to be information necessary for the proper
paid for services rendered if dismissal is Llithout handling of the matter.
cause;
2. Client cannot discharge counsel as an excuse to Duties of a Discharged Lawyer or One who
secure Repeated extensions of time; Withdraws:
3. When a lawyer is Employed as legal adviser of 1. Immediately turn-over all papers and properiyjo
a corporation requiring him to observe office » . ,_which the client is entitled; and
hours and not on a retainer basis, the employer
may only discharge the lawyer in accordance 2. Cooperate with his successor in the Orderly
with Labor laws; and V ._ ' ~ "transfer of the case.
4. Notice of discharge required in<so far as court
and adverse party are concemed (AGPALO, The factjthat the funds, documents, and papers or
supra at 370). " J . ‘ ' . ' I . - J". . the client come into the lawyer’s possession in his
professional capacity is the element constitutive or
Attomey-Client Relationship '/Does’ Not the retaining lien (AGPALO, supra at 448).
Terminate Formally Until There is a Withdrawal
Made of Record 7 I ' The retaining lien does pot attach when the articles
Unless properly relieved, the counsel is responsible come into the lawyer's._possession in some other
for the conduct of the case.- The attorney-client capacity'_(lnton v. Mature, G.R. No..L-21287, AUgu3I
relation does not terminate formally until there is a~ . - 31.. 1966). . i A ~
V \
withdrawal made of record;;at least so far" as the .
'
ofsoon
2_ Ail lawyers whose names were ::.;.;:::-:.":..
entered therein after the said date (BY-LAWS
Art. VII, Sec. 47 to 51).
a. President I
- Chief Executive of the IBP and presiding
officer of the Board of Govemors. (BY-
' OF THE IBP, Art. 1/, Sec. 1a). - LAWS OF THE IBP, Art. VII, Sec. 50)
GENERAL OBJECTIVES OF THE IBP: The Presidency shall rotate among the 9
(EIE) ' regions as the country is delineated for the
1 To Elevate the standards of the legal profession; purposes of the integrated bar (BY-LAWS
2.' To T ' ' t tion of justice;
lmproveths adégipligadischarge its and
public OF THE IBP, Art. VII, Sec. 47)
3. T E able 6 _
recspoiisibilities more effectively (BY4-AWS OF First President - Jose B. L. Reyes (1973-
THE IBP, Art. I. Sea 2)- 1975)
Current Presldent - Domingo Egon Q.
Cayosa (2019 - present) .
LEGAL ETHICS
Legal and Judicial Ethics
iz is‘i-I<>15352§0
VOLUNTARY TERMINATION oi= IBP
I Center
r I
ix2,-,-,\ §§.,>~
i3, 5-<51>§0 §
administrative case or -
without authority; and p°m°" “‘°'°l° proceeding (De Jesus-Paras v. Vailoces. AC-
NO. 439,‘ Apfll 12, 1961).
c. To Qeter the press from b|' -
charges or proceedings bzilseilshlhgrelgg
Interest of parties
gizlgfv v- CA. G.R. No. 121404, May 3. - Can proceed regardless of interest or lack of
interest of the complainants, if the facts proven
so warrant (Go v. Candoy, A.C., No. 736,
Maliciousand unauthorized publication or verbatim October 23, 1967).
reproduction of administrative complaints against
lawyers in newspapers by editors and/or reporters Due Process "
may be actionable. Such premature publication
constitutes a contempt of court, punishable by either - A disbarment proceeding itself, when
a fine or imprisonment or both at the discretion of the instituted in proper cause, is due process of law
Court. The lawyer as an aggrieved party may
(In re: Moniagne & Dominguez, G.R. No. 1107.
April 2, 1904).
recover damages in a civil suit filed for the purpose,
or may choose to waive the confidentiality of
proceedings in the disbarment case against him/her Not a Source of an Enforceable Right
(Saludo v. CA, G.R. No. 121404, May 3, 2006). - Whatever has been decided in a disbarment
case cannot be a source of right that may be
Confidentiality, Not Absolute enforced in another action (Esquivias v. Court of
Appeals G.R. No. 79516; July 18, 1991).
As a general principle, speech on matters of public
interest should not be restricted. This Court
recognizes the fundamental right to information, Pari Delicto Rule
which is essential to allow the citizenry to form - in pari delicto rule is not applicable
intelligent opinions and hold people accountable for (Samaniego v. Ferrer, A.C. No. 7022; June 18,
2008). .
their actions. Accordingly, matters of public interest
should not be censured for the sake of an Neither , does the circumstance that the
unreasonably strict application of the confidentiality complainant and the respondent are in pari
rule (Roque vs. Armed Forces of the Philippines, delicto free the latter from (responsibilities. Even
G.R. No. 214986, February 15, 2017). 1 good faith on part of the respondent is not a
defense, except in cases where bad faith or
Sec. 18, Rule 139-B of the Rules-of Court=is not a willfulness is an indispensable element of the
restriction on the freedom of press. lf»_there is a charge against the lawyer (AGPALO, supra at
legitimate public interest, the media‘ is not prohibited 579); II
from making a fair, true, and accurate report of a
disbarment complaint. In the absence of a legitimate Existence of Prejudicial Question S
public interest, though, the media must preserve the - _, No prejudicial question in disbarment
confidentiality of disbarment proceedings during its proceedings (AGPALO, supra at 579).
pendency. In this case, the filing of disbarment
complaint against Atty. Fortun is itself a matter-of A violation of a criminal law is not a barlto
public concern considering that it arose from the disbarment, and an acquittal is no obstacle to
Maguindanao Massacre case. The interest of the the cancellation of 'a lawyer’s license.
public is not on the lawyer but primarily on his Administrative cases against lawyers belong to
involvement and participation as defense counsel in a class of their own. They are distinct from and
the Maguindanao Massacre case. (Fortun v. they may proceed independently of civil and
Quinsayas, G.R. No. 194578, February 13, 2013). criminal cases. (Guevarra v. Eala, A.C. No. 7136
August 1, 2007)
The confidentiality of the proceedings is a privilege
which may be waived by the lawyer in whom and for Disbarment as a Penalty . ‘
the protection of whose personal and professional - Penalty in a disbarment case cannot be in
reputation it is vested pursuant to the general the altemative (Navarro v. Meneses III, CBD
principle that rights may be waived if the waiver is A.C. No. 313, January 30, 1998).
not contrary to public policy among others (VillaIon
v. IAC, G.R. No. L-73751, September 24,‘ 1986). Monetary Claims
GENERAL RULE: Monetary claims cannot be
4. lnapplicability of Double Jeopardy _ granted. The quantum of evidence in a
- Double jeopardy cannot be availed of in a "disbarment case and in a civil action for
disbarment proceeding against an altorrrelli collection of sum of money to recover debts are
since’ disbarment does not partake of a criminal different from one another, deterring the court
\
LEGAL ETH|Q
Legal and Judicial Ethic:
from '““"9 On the merits in the issue of recovery
°f the Sum of money (Sosa v- Mendoza, A.C. No. Res Ipsa Loquitur
a776, March 22. 2015). - The Court may disbar a lawyer withou
need of any further investigation aflet
considering hls actions based on fqgordr
ggfiifegzi b The administrative . complaint showed his unethical misconduct. Cases (hast
of “abm U ililntlal evidence to justifya finding sufficiently provide basis for the determination oi
evidemigi. w ie a civil action requires greater respondents‘ administrative liability, without
evidencery Astandard _of preponderance of need for further inquiry into the matter can be
disbarme-m _ proceeding for suspension or relied upon by the Court, under the prjncime
commaina tl_$ not a civil action where the of res ipsa ioquitur (Prudential Bank v. Judge
lawyer is and‘? a Plaintiff and the respondent Castro and Atty. Gracia, A.M. No. 2756 June 5
involve no _6 endant. Disciplinary proceedings 1986). ’
for private Private interest and afford no redress
Qflevance. They are undertaken and Application '
pmsecuted $°|e|Y TOP the public welfare. The Where the facts of record sufficiently provide the
P‘-"P088 of disbarment is mainly to determine
L"i§¢Z‘P‘?-31328
dispensation 0(fogrt
io
‘and and
justice, as pamclpam in the
the purpose to
as ~» basis for the determination of a lawye,-'3
administrative liability, he may be disciplined or
disbarred by the SC without further inquiry or
protect the courts and the publig from the investigation into the matter under the principle
misconduct of the officers of the court and to of res ipsa Ioquitor (AGPALO, supra at 577), A
ensure the administration of justice by requiring trial type hearing is not necessary, respondent
that those who exercise this importa"m_fun¢;iiQh having been fully heard in his pleadings. The
shall be competent, honorablearid trustworthy requirement of due process is satisfied, for-what
men in whom courts and clients may repose due process abhors is the absolute lack of
confidence (Sosa v. Mendoza, supra). » ‘ i’ opportunity to be heard (AGPALO, supra at
571). 1 V
1 .
EXCEPTION: However, if the-money is acquired
ILLUSTRATIONS: A
by virtue of the professional relationship of the
a. This principle applies to both judges and
lawyer to his client and notin his personal or lawyers._Judges had been dismissed from
private capacity, the same may be recoveredin the service without need of a formal
the administrative case (Foster v. Agtang, A.C. investigation because based on the records,
No. 10579, December 10, 2014). T 7 __ M - - the gross misconduct or inefficiency of the
_f. . >. __
Q judges clearly appears (Uy v. Mercado, A.M.
12. lmprescriptible 3 ' , e - N0. R-368-MTJ, September 30, 1987).
- The defense of prescription does not lie in
administrative proceedings against‘lawyers, for b. Where on the basis of the lawyer's comment
an administrative complaint against a member of V ll; ' 5 - or answer to a show-cause order of the SC,
the bar does not prescribe. If the rule were r it appears that the lawyer has so conducted
othenivise, members of the barwould ‘be himself in a manner which exhibits his
emboldened to disregard the very oath they took 7 blatant disrespect to the court, or his want of
as laviryers, prescinding from the fact that as long good moral character or his violation of the
as no private complainant would immediately attomey's oath, the lawyer may be
come forward, they stand a chance of being suspended or disbarred without need of a
completely exonerated from whatever trial-type proceeding (Prudential Bank v.
administrative liability they ought to answer for. Castro, A.M. No. 2756, June 5, 1986).
lt is the duty of this Court to_ protect the integrity
of the practice of -law as well as the Judicial in Nature
administration of justice (Frias v. Bautista- - A court which is authorized to admit
Lozada, A.C. No. 6656, May 4, 2006). attorneys has inherent jurisdiction to suspend or
disbar them. This inherent power of the courl
Regrettably, Rule Vlll, Section 1 of the Rulesof cannot be defeated by the legislative OF
Procedure of the CBD-IBP which provides for a executive department. The removal 0'
prescriptive period for the filing of administrative disbarment of an attorney is a judicialficl
complaints against lawyers runs afoul of the (PINEDA, supra at 393). '
settled ruling of this Court. It should therefore be
struck down as void and of no legal effect for Effect of Amicablevsettlement _
being ultra vires (ld.). - Although the amicable settlemelll
obliterated the legalobligation to retum t0_th°
complainant the amounts obtained by deceit, 3
ii‘§'?°1ii52
lawyer
§U i
h h is note n i'itled to demand the dismissal of
4- flaming - An act or fact of putting one on his
t e c argss 3 -
ought to havegamsi knowhim for that reason He guard against an impending danger, evil
-
responsibilities 3 ii that his D rofessi-on al consequence or penalty;
his. other res P °sna%a.t¥°'"°Y Were dlstinctfrom 5- Erobation - It is a sanction that allows a lawyer
si i|i to practice law under specified conditions;
' P"maW objective otlezdrigifiii sTeiiclean the
ra ve cases 5- Interim Suspension -It is the temporary
against lawyers -
discipline the errinl; Ii’|I‘gIt\II:L?Z if Punish and suspension of a lawyer from the practice of law
o sa eguard th - - _ Wyfirs ut also P°"d"l9 imposition of final discipline, which
includes:
protecting the cguggnggstration of justice by
misconduct of lawyers andthe public from the 3- Silsptfrision upon conviction of a “serious
- crime ;0r
lefgawl profession persoris wh:)s;e$g.edIr°m mg b. Suspension when the lawyer's continuing
0 t eir Lawyer‘ Q '$"999l' conduct is or is likely to cause immediate
continue dischasrginagthth1:TrssI)\;en th°g‘."""l t° and serious injury to a client or public;
as members ofth B - epose .'n them 7- §.ensure‘- Official reprimand;
No. 5473. Janua; zgr §‘i>3Z’}’"“° v' Rem’ AC" 3- §U$P9r\slon - Temporary withholding of a
lawyers right to practice his profession as a
OBJECTIVES: lawyer for a certain period or for an indefinite
a. To ascertain that a lawye i'|| period of time;
qualifications which are conzitioflgssesses the a. Definite; and
for the continuous practice of law. precedents b. indefinite - Qualified disbarment; lawyer
determines for himself how long or how
b. To compel the lawyert d - ' short his suspension shall last by proving to
with the court and his ciiereigtalrfi=?qruIIri?i'gdh|i1i:,irt‘:>sit>lg court that he is once again fit to resume
competent, honorable and reliab|e- . 1 practice of law (P/NEDA, supra at 389-392).
c. To deter others from similar misconduct" and
d. To protect the co'urt and the ‘public from the OTI-IER SANCTIONS AND REMEDIES:
misbehavior of its officers A'GPALO
483-484). ( ’ §”'?'-3 at (|-A2R3Q) .
"1. Limitation upon practice;
2. Assessment of Costs;
AUTHORITIES WHICH ARE {VESTED . Appointment of a receiver;
WITH THE ' POWER TO DISCIPLINE . Restitution; _
ERRANT LAWYERS: ~ U1-lihi Requirement , that a lawyer take the bar
The Supreme Court, the Court of Appeals and the examination.‘ or , professional responsibility
Regional Trial Courts have the authority and power examination; . -
to warn, admonish, reprimand, and suspend an 6. Requirement that lawyer attend continuing
education courses; and I -
attorney (RULES OF COURT, Rule 138, Secs. 27 &
7. Qther requirements that the highest court or
28). ' 4 disciplinary board deems consistent with the
purposes of the sanctions (Re: Letter of the UP
The Court of Appeals or Regional Trial “Court may L aw Faculty entitled Restoring Integrity: A
suspend an attorney from practice for any of the Statement by the Faculty of the University of the
causes named in Rule 138, Sec. 27, until further lie ations of
Philippines College of Law on the A g
action of the Supreme Court in the case (RULES OF Plagiarism and Misrepresentation in the
COURT, Rule 139-B, C, Sec. 16). Supreme Court, A.M. "No. 10-10-4-SC, June 7,
2011).
FORMS OF DISCIPLINARY MEASURES:
(DRAW-PICS) NOTE: When the Court chooses to institute an
' a respondent lawyer, th e
administrative case against
'
1., Qisbarment -It is' the act of the _ SC of
'
withdrawing from an attorney the _ right_ to mere citation or discussion in the orders or decision
practice law . The name of the lawyer is stricken in the administrative case ofjurisprudence involving
out from the Roll of Attorneys. contempt proceedings does not transform the action
' - A blic and formal censure or from a disciplinary proceeding to one for contempt
2. (Re: Letter of the UP Law Faculty entitled Restoring
severe reproof,a dpu'
Repnmand
_ mini' s tered tob adperson at fault
to which he Integrity: A Statement by the Faculty of the
by his superior officer or the 0 Y University of the Philippines College of Law on the
belongs; . - ' ' M‘ re resentation in
Allegations of Plagiarism and is p
3. Admonition -_ A 98""? °' f"e"d'Y 0'2": the Supreme Court. A.M. No. 10-10-4-SC, June 7,
rebuke, waming. rem"_1d°'- °' °°“ . n of 2017). '
fau it , error or oversight? an eXp'ess'°
authoritative advice; ,
,“W
LEGAL ETHICS
Legal and Judicial Ethics
l
rights of the parties or to the" right i, I"/‘Itis prohibited for a lawyer to appear for a
determination of the cause; a conduct , 1 Person in court without being hired or
that is generally motivated by a j employed, unless, there is leave of court first
premeditated, obstinate or intentional i V obtained (PINEDA, supra at 407).
purpose (Spouses Donato v.‘ Asiiriclon, I
Sr., A.C. N0. 4914, March 3, 2004). “V Example: The lawyer of the insurance i
‘ company does not ipso facto become the
Elements: (CID) lawyer for the insured in all subsequent
1. Qorruption; litigations arising from the accident (Porafi
2. Clear jntent to violate the law or; A Trucking Inc. v. Court of Appeals, G.R. N0-
3. Flagrant Qisregard of an established 81093, March 6, 1990) ,
rule (Re: Complaint of Leonardo A.
Velasco against Associate Justices e. grossly Immoral Conduct i
Francisco H. Villaruz, Jr., ,AIex L. Immoral conduct is that conduct whichis S0
Quiroz, and Samuel R. Martires of the willful, flagrant, or shameless as to sh0W
Sandiganbayan, A.M. OCA IPI No. 10- indifference to the opinion of the good and
25-SB-J, January 15, 2013). respectable members of the community. T0
warrant suspension or disbarment, such
The deliberate failure to pay just debts and conduct must not only be immoral, bu!
the issuance of worthless checks constitute grossly immoral. That is, it must be 5°
grossmisconduct, for which a lawyer may °°""Pt as to constitute a criminal act or 5°
be sanctioned with suspension from the l-'"PFi"¢iPled as to be reprehensible to a high
practice of law (Spouses Victory v. Atty. degree or committed under such
Mercado, A.C. No. 10580, July 12, 2017). scandalous or revolting circumstances as l°
shock the common sense of decency
L
l
-
ii‘iii 525° ?<
(Advincula v. Ad '
June 14.201§)-
,
Center
L
. 5
LEGAL ETHICS
Legal and Judicial Ethics
1""
MEM/QRY AID
5‘-\BQ@U1VIUKyCO“@OfI.lW-RGCT5QrOpQr\fl°n.c.mM
L
-
LEGAL ETHICS
W
Legal and Judicial Ethics
total membership, shall recommend to the SC the evidence (Lingating v. COMELEC, G.R. No.
the dismissal of the complaint or the imposition 1534 75; November 13, 2002).
of disciplinary action against the respondent.
The Board shall issue a resolution, setting forth However, if the complainant's motion for
its findings and recommendations, clearly and reconsideration was filed after the IBP had
distinctly stating the facts and the reasons on forwarded the records of this case to the Supreme
which it is based. The resolution shall be issued Court,,it would be more expedient to treat it as
within a period not exceeding thirty (30) days complainant's petition for review within the
from the next meeting of the Board following the contemplation of Rule 139-B, Sec.12(c)-(Halimao v._
submission of the investigators report (RULES Villanueva, A.C. No. 3825, February 1, 1996). -I
OF COURT, Rule 139-B, Sec. 12).
The Board's resolution, -together with the entire
records and all evidence presented and submitted,
shall be transmitted to the SC for final action within
ten (10) days from issuance of resolution (RULES
OF COURT, Rule 139-B, as amended by B.M..1645,
October 21, 2015). - One year or less Exceeds 1 year
i \/'
MEl*t»Q;RY AID
Slihodlurworivq ofLlw-RGCT8uOpomi°mcqmq
15 days from notice of receipt by the parties thereon may indicate ulterior motive on the part of
5lZZIrrg<;"2?0;)_ReyaIa. A.C. No. 7055 (Resolution), complainant or innocence on the part of respondent
(A GPALO,, supra at 578-579).
If a motion for reconsideration has been timely filed Modifying Circumstances
bl! 3" a99"9\/ed Party. the IBP must first resolve the The extent of disciplinary action depends on the
same prior to elevating to this Court the subject attendance of mitigating or aggravating
resolution together with the whole record of the case circumstances (Id. at 586).
(Ramientas v. Reyala, A.C. No. 7055 (Resolution),
July 31 , 2006). Mitigating Circumstances: (DR2-P'A’T-H33)
1. Qelay in disciplinary proceedings;
If no motion for reconsideration has been filed within Remorse;
the period provided for, the IBP is directed to Remoteness of prior offenses;
forthwith transmit to this Court for final action, the . Rersonal or emotional problems;
subject resolution together with the whole record of Rhysical or mental disability or impairment;
the case -(Ramientas v. Reyala, A.C. No. 7055 Absence of a prior disciplinary record;
(Resolution), July 31, 2006). - ' - . Absence of dishonest or selfish motive;
@~@we@.~ Iimely good faith effort to make restitution or to
A party desiring to appeal from the resolution of the rectify consequences of misconduct;
IBP may file a petition for review before this Court 9. full and free disclosure to disciplinary board or
within 15 days from notice of said resolution sought cooperative attitude toward the proceedings;
to be reviewed (ld.). ~ 10. inexperience in the practice of law; interim
» rehabilitation;
(NOTE: Please see Flowchart of Disbarment 11. imposition of other penalties or sanctions; and
Proceedings Before the IBP on p. 95.) 5 12. Qharacter or reputation (GUIDELINES FOR
IMPOSING LAWYER SANCTIONS 9. 32).
Rules on Imposition of-Penalties
An investigating judge cannot dismissa case. The Aggravating Circumstances: (DIP-SMB-RSVP)
investigating judge's authority is only to investigate, 1. Qishonest or selfish motives;
make a report and recommendation on the case to 2. indifference to making restitution
be submitted to the SC for final determination . Rrior disciplinary offenses;
(Garciano v. Sebastian, A.M. MTJ-88-160,‘~March aw . §ubmission of false evidence, false statements,
30, 1994). 1 A or_ other deceptive practices during the
disciplinary process;
Who May Impose the Penalty of Suspension A 5. Multiple offenses; A
Suspension of a lawyer may be imposed by: _ 6. §ad faith obstruction of the disciplinary
1. The Supreme Court, pending investigation proceeding by intentionally failing to comply with
under Rule 138-B of the Rules of Court; rules or orders of the disciplinary agency;
2. The CA or RTC whose decision shall _be 7. Refusal to acknowledge wrongful nature of
transmitted to the SC for investigation. conduct;
(ALBANO, supra at 249) ~ 8. §_ubstantial experience in the practice of law;
9. y_ulnerability of victim; and
Available Defenses _ ' 10. A Rattem of misconduct (GUIDELINES FOR
The purpose and nature of disbarment proceedings IMPOSING LAWYER SANCTIONS 9.22).
make the number of special and affirmative
defenses usually available in civil and cnminal Neither, Aggravating nor Mitigating
actions inapplicable in disciplinary proceedings Circumstances: (FAW-RCF)
(AGPALO, supra at 578). 1. forced or compelled restitution; '
2. Agreeing to _the client's demand for certain
improper behavior or result;
The ordinary statutes of limitation have no 3. flithdrawal of complaint against the lawyer;
application to disbarment proceedings, nor does the 4. Resignation prior to completion of disciplinary
circumstance that the facts set up as 8 9'°""d _f°"
disbarment constitute a crime, prosecut_ion_for which proceedings;
in a criminal proceeding is barred by "m'tat'°"~ affect 5. §_omplainant’s recommendation as to sanctions;
the disbarment proceeding (Calo v. DeQa'"°» A-6- and
No. 516, June 27, 1967). - 6. failure of injured client to complain
(GUIDELINES FOR IMPOSING LAWYER
However the fad that a considerable length of time SANCTIONS 9.4).
has lapsed from the date the misconduct took Place
to the date the complaint for disbarment was filed,
A
LEGAL ETHICS
Legal and Judicial Ethics
Desistance of Complainant
An Affidavit of Desistance cannot have the_.effect of
abating the instant proceedings in view of the public
service character of the practice of law and. the
nature of disbarment proceedings as a public
interest concern. A case of suspension or
disbarment is sui generis and not meant to grant
relief to a complainant as in a civil case, but is
intended to cleanse the ranks of the legal profession \
Investigation of the 3
appointed National If the defendant is a
Grievance Officers judge, justice or lawyer '
(RULES OF COURT, of the govemment, refer
Rule 139-B, Sec.2) - the case with the SC
(RULES OF COURT.
Rule 1391B, Sec.1).
I 1
Submission of the
Report of the National
Grievance Investigators -_
(RULES OF COURT
Rule 139-B Sec. 10)
within 30 days
i
' Review by the Board of
Govemors within 30
days (RULES OF _
COURT Rule 139-B ‘
l Sec. 12)
__T’- I
Transmission of the
resolution with the SC
, (RULES OF COURT._
Rule 139-B. Sec.12)-
'
X
LEGAL ETHICS
‘ Legal and Judicial Ethics
l
Within two (2) days from the receipt of the
verified complaint, IBP will cause the
issuance of summons to respondent (Rule
Ill, Sec. 3)
\j/ .
Filing of verified answer within fifteen (15)
days by respondent from receipt of
summons (Rule lll, Sec. 3)
W _
submission of verified
.¢
position papers by parties A
A l
Evidence If, \ issuance
forwarded by necesser , of an
Chapter y, lC'wlll order
President to IC set submitting
for evaluation heanng the case
and date for for
consideration clarificato decision
\
in the -TY (Rule V,
preparation of questio- Sec. 6)
his report or ning (Rule
recommendati V, Sec. 3)
on (Rule IV,
Sec. 3)
L
*
LEGAL ETHICS
Legal and Judicial Ethics
5. The swom statement shall be considered as 2. At least four (4) hours shall be devoted to trial
proof of respondent's compliance with the order and pretrial skills;
of suspension; and 3. At least five (5) hours shall be devoted _to
6. Any finding or report contrary to the statements alternative dispute resolution.
made by the lawyer under oath shall be a ground 4. At least nine (9) hours shall be devoted to
for the imposition of a more severe punishment, updates on substantive and procedural laws,
or disbarment, as may be warranted (Manlago v. and jurisprudence. '
De Dios, A.C. No. 7472, March 30, 2010). 5. At least four (4) hours shall be devoted to legal
writing and oral advocacy.
During the suspension period and before the 6. At least two (2) hours shall be devoted to ~
suspension is lifted, a lawyer must desist from international law and international conventions.
practicing law. It must be stressed that a lawyer's 7. The remaining six (6) hours shall be devoted to
suspension is not automatically lifted upon the lapse such subjects as may be prescribed by the
of the suspension period. The lawyer must submit MCLE Committee (B.M. No. 850, Rue 1, Sec. 2).
the required documents and wait.for an order from
the Court lifting the suspension before he or she PARTIES EXEMPTED FROM THE MCLE:
resumes the practice of law (Yap Paras v. Paras,
A.C. No. 5333, March 13, 2017).
(PSCZS-GO-HIC-G)
1. Rresident, Vice-President, and the Secretaries
and Undersecretaries of executive departments;
NOTE: In the sense that a lawyer who has been 2. §enators and Members of the House of
disbarred or independently suspended may be Representatives;
reinstated to the practice of law, such judgment does 3. Qhief Justice and Associate Justices of the SC,
not become final notwithstanding the lapse »o_f ~ incumbent and retired justices of the judiciary,
several years from its promulgation, as it may be incumbent members of the Judicial and Bar
reopened or reconsidered by the SC uponpetition Council and incumbent court lawyers covered by
and satisfactory evidence (AGPALO, supra at 594); the Philippine Judicial Academy Program of
Continuing Legal Education; 1
4. Qhiel State Counsel, Chief State Prosecutor}
and Assistant_Secretaries of the Department of
MANDATORY Justice;
5. §olicitor-General and the Assistant Solicitors-
CONTINUING LEGAL General; " -
EDUCATION ' 6. §_ov_ernment Corporate Counsel, Deputy and
Assistant Government Corporate Counsel;
(B.M. NO. 850) 7. Chairman and Members of the Qonstitutional
Commissions;
,8. Qmbudsman, the Overall Deputy Ombudsman.
the Deputy Ombudsman, and the Special
RULES ON MANDATORY CONTINUING , Prosecutor of the Office of the Ombudsman;
LEGAL EDUCATION (MCLE) FOR 9. Reads of govemment agencies exercising
MEMBERS OF THE IBP (B.M. NO. 850) _ quasi-judicial functions;
10. incumbent deans, bar reviewers, and professors
PURPOSE of law who have teaching experience for at least
To ensure that throughout their career, they keep ten (10) years in accredited law schools;
abreast with law and jurisprudence, maintain the 11. Chancellor, Vice-Chancellor, and members Of
ethics of the profession and enhance the standards the Qorps of‘ Professional Lecturers of the
of the practice of law (B.M. No. 850, Rule 1, Sec. 1). Philippine Judicial Academy; and
12. governors and Mayors (B.M. No. 850, Rule 7.
REQUIREMENTS OF COMPLETION OF Sec. 1).
MCLE Other Parties Exempted from the MCLE
Members of the IBP, unless exempted under Rule 7, 1. Those who are not in law practice, private Oi
shall complete every 3 years at least 36 hours of public;
continuing legal education activities (B.M. No. 850, 2. Those who have retired from law practice Wllh
Rule 2, Sec. 2). the approval of the IBP Board of Govemors; fllld
3. Those granted exemption for good cause I"
COMPONENTS OF THE 36-HOUR MCLE accordance with Section 3, Rule 7 of the M31-E
1. At least six (6) hours shall be devoted to legal Rules (B.M. No. aso, Rule 1, Sec. 3 and sec 4)
ethics;
A
l - .
*2tml
WHAT
5;’, §-<AIPM5;/g>~
CONSTITUTES NON- A
COMPLlANCE:.(CASE-A) PRESCRIBED PENALTY FOR NON
1. Failure
_ _ to _Com_Pee
It education requirement
within the compliance period" - DISCLOSURE OF CURRENT MCLE
2. Failure to provide _
Attestation of co mp I‘iance or COMPLIANCE OR EXEMPTION
exemption; 1. The lawyer shall be imposed a fine of P2,000.00
3. Failure_ to provid e §atisfactory evidence of for the first offense, P3,000.00 for the second
compliance; offense and P4,000.00 for the third offense;
4. Failure to satisfy the Education re uire nt 2. In addition to the fine, counsel may be listed as
fumish the evidence_of such comqplianrb‘: witabaig a delinquent member of the Bar pursuant to
60 dda y sfrom receipt
' of non-compliance
- -
notice; Section 2, Rule 13 of'B.M. No. 850 and its
an implementing rules and regulations; and
5 . Any other_act or omission Analogous to any of 3. The non-compliant lawyer shall be discharged
the foregoing or intended tocircumvent or eva d e from the case and the clientls shall be allowed
compliance with the MCLE requirement (B.M. to secure the services of a new counsel with the
No. 850, Rule 12, Sec. 1). concomitant right to demand the return of fees
already paid to the non-compliant lawyer (B.M.
Non-compliance Procedure No. 1922, Re: Recommendation of the MCLE
L
LEGAL ETHICS
Legal and Judicial Ethics-
NOTE: MTC and MCTC judges, I assi_gned- to SUMMARY HEARING ON THE PETITION:
municipalities or circuits with no lawyers or notaries
public may, in their capacity as notaries, public ex
(SAU) ‘ 4- 6- ,
1. I The petition isȤutficient in form and substance;
officio, perform any act withinethe competency of a 2." The petitioner proves the Allegations contained
regular notary public, provided that: ~ ‘ » A in the petition; and " I
1. All notarial fees charged be for the account of 3. Th_e___petitioner establishes to the satisfaction of
the Govemment and tumed-over to‘ the
municipal treasurer (Lapena, Jr. v. Marcos, the Executive Judge that he has read and fully
Adm. Matter No. 1969-MJ, June 29, 1982); and A ‘Understood these Rules (A.M. 02=8-13, Rule lll,
2. Certification be made in the notarized '-Sec. 4).
documents attesting to the lack of any lawyer or
notary public in such municipality or circuit (A.M. The Executive Judge shall forthwith issue 8
No. 89-11-1303, December 19, 1989; Abadilla v. commission and a Certificate of Authorization to
Tabliran, Jr., A.M. No. MTJ-92-716, October 25, Purchase a Notarial Seal in favor of the petitioner
1995). (A.M. No. 02-8-13-SC, Rule Ill, Sec. 4).
opposition thereto. The opposition must be received which the commission is made, unless either
by the Executive Judge before the date oi the revoked or the notary public has resigned under
summary hearing (A.M. No. 02-8-13-SC, Rule lll, these Rules and the Rules oi Court. Said principle is
Sec. 6). _ equally echoed in the Notarial Law found in Chapter
12, Book V. Volume I of the Revised Administrative
FORM OF NOTARIAL COMMISSION Code of 1917, as amended (Almazan, Sr. v. Felipe,
The commissioning oi a notary publjg sha" be in 3 A.C. 7184, September 17, 2014)
tomial order signed by the Executive Judge (A.M.
No. 02-8-13-SC, Rule lll, Sec. 7). TERM OF OFFICE OF NOTARY PUBLIC
T_wo (2) years, commencing the first day of January
REPUBLIC OF THE PHILIPPINES of the year in which the commissioning is made
REGIONAL TRIAL counr OF (A.M. No. 02-8-13-SC, Rule lll, Sec. 11).
EXCEPTION: If revoked earlier'or the notary public
This is to certify that (name of notary public) of has resigned under these Rules or the Rules of
(regular place of work or business) in (city or Court (A.M. No. 02-8-13-SC, Rule lll, Sec. 11).
province) was on this (date) day of (month) two
thousand and (year) commissioned by the By performing notarial acts without the necessary
undersigned as a notary public, within and for the commission from the court. a lawyer violates not only
said jurisdiction, for a term ending the thirty-first his oath to obey the laws particularly the Rules on
day of December (year) Notarial Practice but also Canons 1 and 7 of the
Code of Professional Responsibility which
proscribes all lawyers from engaging in unlawful,
dishonest, immoral, or deceitful conduct and directs
Executive Judge them to uphold the integrity and dignity of the legal
profession, at all times (Re: Violation of Rules on
Notarial Practice, A.M. No. 09-6-1-SC, January 21,
NOTE: Every person commissioned as notary public 2015)..
shall have only one official seal of office (Rule lll,
Sec. 10). The “one active notarial register" rule as strictly
required, is in place to deter a notary public from
PERIOD OF VALIDITY assigning several notarial registers to different
The Certificate of Authorization to Purchase a offices manned by assistants who perform notarial
Notarial Seal shall be valid for a period of three (3) sen/ices on his behalf. Since a notarial commission
months from date of issue, unless extended by the is personal to each lawyer, the notary public must
Executive Judge (A.M. No. 02-8-13-SC, Rule lll, also personally administer the notarial acts that the
Sec. 8). ~ law authorizes him to execute. On the other hand,
entries in a notarial register need to be in
JURISDICTION OF NOTARY PUBLIC chronological sequence in order to address and
AND PLACE OF NOTARIZATION prevent the rampant practice of leaving blank spaces
in the notarial register to allow the antedating of
In any place within the territorial jurisdiction of the notarizations (Gimeno v. Zaide, A.C. 10303, April 21.
commissioning court (A.M. No. 02-8-13-SC, Rule lll, 2015).
Sec. 11).
POWERS AND LIMITATIONS OF
The jurisdiction of a notary public in a province shall
be co-extensive with the province. The jurisdiction of NOTARIES PUBLIC
a notary public in the City of Manila shall be co- Powers of Notary Public: (NoCeS)
extensive with said city. N0 notary shall possess 1. Perform the following Mtarial acts: (JACOSA)
authority to do any notarial act beyond the limits of i a. Jurats;
his jurisdiction (REVISED ADMINISTRATIVE b. Acknowledgments
CODE, Art. ll, Sec. 274). . Qopy certifications
. Qaths and affirmations;
The territorial limitation_ of a notary public‘s §ignature witnessing; and
jurisdiction is crystal clear from Section 11, Rule Ill C10._"(D Any Other acts authorized by the 2004
of the 2004 Rules on Notarial Practice: A person Rules on Notarial Practice (A.M. N0. 02-8-
commissioned as notary public may perform notarial 13-SC, Rule IV, Sec. 1(a)).
acts in any place within the territorial jurisdiction of
the commissioning court for a period of two (2) years 2. Certify the affixing of a signature by thumb or
commencing the first day of January of the year in other mark on an instrument or document
LEGAL ETHlcg
Legal and Judicial Ethics
presented tor notarization (A.M. No. 02-8-13- C. flospltals and other medical institutions
SC, Rule IV, Sec.1(b)). where a party to an instrument or documem
is confined for treatment; and ‘
Conditions: d, Any place where a party to an instrument of
a. The thumb or other mark is affixed in the document requiring notarization is under
presence of the notary public and of two (2) detention (A.M. No. 02-8-13-SC, Rule /V
disinterested and unaffected witnesses to Sec. 2(a)). '
the instrument or document;
b. Both witnesses sign their own names in 2. Not to perform a notarial act if the person
addition to the thumb or other mark; involved as fignatory to the instrument or
c. The notary public writes below the thumb or document is-
other mark: "Thumb or Other Mark affixed by a. Not in the notary's presence personally at
(name of signatory by mark) in the presence the time of the notarization; and
of (names and addresses of witnesses) and b. Not personally known to the notary public or
undersigned notary public": and otherwise identified by the notary pubfic
d. The notary public notarizes the signature by through competent evidence of identity
thumb or other mark through an (A.M. No. 02-8-13-SC, Rule IV, Sec.2(b)),
acknowledgment, jurat, or signature
witnessing. (A.M. No. 02-8-13-SC, Rule IV, An act which contravenes the foregoing guidelines is
Sec.1(b)) in violation of Rule 1.01, Canon 1 of the Code of
Professional Responsibility and the Notarial Law
3. §ign on behalf of a person who is physically (Mahilum v. Lezama, A.C. No. 10450, July 30'
unable to sign or make a mark on an instrument 2014).
or document (A.M. No. 02-8-13-SC, Rule ll/,
Sec.1(c)). Section 1, Public Act No. 2103, otherwise known as
the Notarial Law,.states: “The acknowledgment sha||
Conditions: (DAW-BJ) be before a notary public or an officer duly
a. The notary public is Qirected by the person authorized by law of the country to take
unable to sign or make a mark to sign on his acknowledgments of instruments or documents in
behalf; . the place where the act is done. The notary public or
b. The signature of the notary. public is Affixed the officer taking the acknowledgment shall "certify
in the presence of two disinterested and that the person acknowledging the instrument or
unaffected witnesses to the instrument or document is known to him and that he is the same
document; _ ’ person who executed it and acknowledged that the
c. Both flitnesses sign their own names; same is his free act and deed. The certificate shall
d. The notary public writes gelow his be made under the official seal, if he is required by
signature: ‘Signature affixed by notary in law to keep a seal, and if not, his certificate shall so
presence of (names and addresses of state."
person and two (2) witnesses)"; and »
e. The notary public notarizes his signature by The requirement of affiant's personal appearance
acknowledgment or gurat (A.M. No. 02-8- was further emphasized in Section 2 (b) of Rule IV
13-SC, Rule ll/, Sec.1 par. (c)). of the Rules on Notarial Practice of 2004 (Dlzon v.
Cabucana, Jr., A.C. 10185, March 12, 2014).
Limitations: (O-Si)
1. Not to perfomi a notarial act Qutside his regular A notary public should not notarize a document
place of work or business. Otherwise, he is unless the persons who signed the same are the
bereft of power to perform any notarial act very same persons who executed and personally
(Guerrero v. Bihis, G.R. No. 174144, April 17, appeared before him to attest to the contents and
2007). truth of what are stated therein. The purposes of the
requirement of personal appearance by the
EXCEPTIONS: At the request of the parties in acknowledging party before the notary public is to
the following sites within his territorial enable the latter to verify the genuineness of the
jurisdiction: (OAHA) signature of the former, and so that the notary public
a. Public offices, convention halls, and similar can ascertain that the instrument is the free act or
places where Qaths of office may be deed of the acknowledging party (Orola v. Atty.
administered; Baribar, A.C. No. 6927, March 14, 2018).
b. Public function Areas in hotels and similar
places for the signing of instruments or
documents requiring notarization;
i i=.i~i§<J'~i2Y Ali)
5.,5q@\,WvII!yC°|lO0OfLaw ~ PGCY By O°.m“_ cmm
is...
13, The notarial register may be . e. Fails to identity a prin¢lP3| °" me bass 0:
enforcement officer in (he cgcglilrsfid by a law personal knowledge or compete"
investigation or by virtue qr a coun Oman. official evidence; _
14. Deny access to any entry Q, entries ‘hear, y f Fails to send the Qopy of the entries to the
notary public has a reasonable ground tl'Blfl if the Executive Judge within the first ten I10)
<
that a person has a criminal intent Orgvbelieve 0
motive‘ in yrfquesting information yrojrgngétg
days of the following month; u.i
r is
g. Fails to affix to acknowledgments the Qate _r
of expiration of his commission;
h. Fails to submit his notarial register,-when
15. In case the notarial re i - filed, to the Executive gudge;
destroyed, damaged, org sdII1rerI:issetoIr:n'd lost‘ i. Fails to require the presence of a Rrincipal
unusable or illegible as a record of notarlgl ered at the time of the notarial act;
the notary public shall, within t ads“ j. Commits any Qther dereliction of act, which
informing the appropriate lZrw(1g2iI1oEIb: afler in the judgment of the Executive Judge
agency in the case of theft o ~ '“°."‘ constitutes good cause for revocation of
the Executive Judge by any Iii::?i:aiIrs0r:id?§t'W commission or imposition of administrative
proper receipt or acknowledgment includtiqna sa' "on; and
registered mail and also provide I 9 k. lqiggi '57 Rerforms of fails to perform any
number of any pertinent polit; I! copy or ollgr :3. prohibited or mandated by these
16. Upon revocation or expirat?oIiepgin'aan: l . I M“ I A.M. No. 02-8-13-SC, Rule XI, Sec‘.
commission, or death of the notary ubiic’ age
"°Ia"Ia| register and notarial recgrds cl h II
immediately be delivered to the office of til NOTE‘. In notarizing a Deed of Donation without
ggifgtive Judge (A.M. No. 02-a~13-so, Rule Vl, Q] h determining the presence or qualification
Q 1:“ riants therein, respondent demonstrated his
Qflflss negligence and ignorance of the
REVOCATION OF COMMISSI .ovisions of 2004 Rules of the Notarial Practice
DISCIPLINARY ACTIONS ON AND (Laquindanum v. Quintana, A.C. 7036, June 29,
The notarial commission shall be revoked f A 2009). .
the following grounds: (ARE-FRIC-DJ-POPCII any of
1. Th e E_xe_°“t"’e
' PROCEDURE FOR REVOCATION AND
Judge shall revoke a notarial ADMINISTRATIVE SANCTIONS: (SADP)
commission for Any ground on which an
application for a commissi on may be denied; 1. §ummary hearing (a) upon verified complaint by
and . . an interested, affected or aggrieved person; or
2. In addition, the Executive Judge may revoke the (b) motu proprio, by the Executive Judge, initiate
commission of, or impose a r ' t administrative proceedings against a notary
pp opna
administrative sanctions upon, any notary publice public;
who: 2. Appeal to the Supreme Court for review;
a. Fails to keep a notarial Register; 3. Pending appeal, an order-imposing Qisciplinary
b. Fails to make the proper Rntry or entries in sanctions shall be immediately executory,
his notarial register concerning his notarial unless otherwise ordered by the Supreme Court
acts; (A.M. No. 02-8-13-SC, Rule Xl, Sec. 1, par. (c));
Failure to make the proper entry or entries and
in his Notarial Register of his notarial acts, 4. Rublication of Revocations and Administrative
his failure to require the presence of a Sanctions.
principal at the time of the notanal acts, and
his failure to identify a principal on the basis Posting in a conspicuous place in the offices of the
of personal knowledge by competent Executive Judge and of the Clerk of Court the names
evidence are grounds for the revocation of a of notaries public who have been administratively
lawyer's commission as a notary public sanctioned or whose notarial commissions have
been revoked (A.M. No. 02-8-13-SC, Rule XI, Sec.
(Gemina v. Madamba, A.C. No. 6689,
August 24, 2011). 3)
c. Executes a false or incomplete certificate Notarization is not an empty, meaningless, routinary
(A.M. No. 02-8-23-SC, Rule IV, Sec. 5). act. it is invested with substantive public interest,
d. Fails to make his Report, within a such that only those who are qualified or authorized
reasonable time, to the Executive Judge may act as notaries public.
concerning the performance of his duties. as
may be required by the judge;
LEGAL ETHIQ
Legal and Judicial Ethig
I
Notarization converts a private document into a b. Disobedience of or resistance to a lam
public document; thus, making that document writ, process. order, or judgment or a so “l
admissible in evidence without further proof of its including the act of a person who‘ an".
authenticity. A notarial document is by law entitled to being dispossessed or ejected from anyr “Y
property by the judgment or process of :a'
full faith and credit upon its face. For this reason,
notaries public must observe with utmost care the court of competent jurisdiction, enters "ll
basic requirements in the performance of their attempts or induces another to enter imo 0'
duties. upon such real property, for the purpose °'
executing acts of ownership or pgssessioiil
or in any manner disturbs the possessin-
This responsibility is more pronounced when the
given to the person adjudged to be enutlgn
notary public is a lawyer. A graver responsibility is
thereto; d
placed upon him by reason of his solemn oath to
obey the laws and to do no falsehood or consent to c. Any abuse of or any unlawful interference
the doing of any. He is mandated to the sacred
with the processes or proceedings of a cou
not constituting direct contempt undert
duties appertaining to his office. such duties, being
section 1 of this Rule; '
dictated by public policy and impressed with public
interest. He should, therefore, be held liable for his d. Any improper conduct tending, direqjy or
indirectly, to impede, obstruct, or degrade
acts, not only as a notary public but also as a lawyer
(Linco v. Lacebal, A. C. N0. 7241, October 17, 2011). the administration of justice;
e. Assuming to be an attorney or an office, of
a court, and acting as such without authority.
f. Failure to obey a subpoena duly served; '
g. The rescue, or attempted rescue, of a
DUTIES OF LAWYERS person or property in the custody pr an
UNDER SPECIFIC - ' officer by virtue of an order or process of a
court held by him (RULES OF COURT, Rule
PROVISIONS IN THE 71, Sec. 3).
RULES OF COURT-
NOTES:
1. An attorney wilfully appearing in court for a
person without being employed, unless by leave
1. JUDGMENTS, FlNAL~ ORDERS, AND of the court, may be punished for contempt as
ENTRY OF JUDGMENTS ~ an officer of the court who has misbehaved in his
A member of the bar may be removed or official transactions (RULES OF COURT, Rule
suspended from his office as attomey by the 138, Sec. 21).
Supreme Court for a willful disobedience of any 2. When an attomey unjustly retains in his hands
lawful order of a superior court (RULES OF
money of his client after it has been demanded_
he may be punished for contempt as an office;
COURT. Rule 138, Sec. 27).
- of the Court who has misbehaved in his official
transactions; but proceedings under this section
2. CONTEMPT shall not be a bar to a criminal prosecution
Direct Contempt A (RULES OF COURT, Rule 138, Sec. 25).
A person guilty of misbehavior in the presence
of or so near a court as to obstruct or interrupt
the proceedings before the same, including 3. ARRAIGNMENT AND PLEA
disrespect toward the court, offensive Whenever a counsel de oficio is appointed by
personalities toward others, or refusal to be
swom or to answer as a witness, or to subscribe the court to defend the accused at the
an affidavit or deposition when lawfully required arraignment, he shall be given a reasonable
time to consult with the accused as to his plea
to do so, may be summarily adjudged in before proceeding with the arraignment (RULES
contempt by such court (RULES OF COURT. OF COURT, Rule 116. Sec. 8).
Rule 71, Sec. 1).
It is the duty of an attomey, in the defense ofa
Indirect Contempt person accused of crime, by all fair and
A person guilty of any of the following acts may honorable means, regardless of his personal
be punished for indirect contempt: opinion as to the guilt of the accused, to present
a. Misbehavior of an officer of a court in the every defense that the law permits, to the end
performance of his official duties or in his
that no person may be deprived of life or liberty.
official transactions:
MEMiiRY A|[)
j
gm B00! Uwflltly c0l"Q8 OI Llw - RGCI By Quumonl C.“
U1
4. ATTORNEY-CLIENT PRIVILEGE
It is the duty of an attorne to - ~ . . WITHDRAWAL FROM CASE
the confidence, and at every tI2?iIrItc?|l?irli?sle‘IIa‘e An attorney may retire at any time from any
preserve the secrets of his client, and to accet(I action or special proceeding, by the Willie"
no compensation in connection with his client? consent of his client filed in court. He may also
business except from him or with his knowled s retire at any time from an action or special
and approval (RULES OF COURT Ru/e 13?; proceeding, without the consent of his client.
Sec. 20(e)). ' - should the court, on notice to the client and
5. POWERS AND DUTIES oi= cQuR-r attorney, and on hearing, determine that he
ought to be allowed to retire. In case Of
AND JUDICIAL OFFICERS substitution, the name of the attorney newly
Every court shall have power; employed shall be entered on the docket of the
a. To preserve and . . court in place of the former one, and written
immediate presencefnforce order m its notice of the change shall be given to the
b- l:f§;;°;°z lgrpgfgedings before it, or advance party (RULES OF COURT, Rule 138.
Sec. 26).
conduct a judicial invesi?;a§?np°::,§f,d,I:
authority; STANDING IN COURT OF PERSONS
c. To compel obedience to its judgments
AUTHORIZED TO APPEAR FOR THE
°'de"$ and Processes, and to the lawful
orders °f 3 Iudge out of court, in a case
GOVERNMENT
pending therein; Any official or other person appointed or
d. To control, in furtherance of justice, the designated in accordance with law to appear for
conduct of its ministerial officers, and of all the Govemment of the Philippines shall have all
other persons in any manner connected with the rights of a duly authorized member of the bar
a case before it, in every manner to appear in any case in which said government
appertaining thereto; has an interest, direct or indirect (RULES OF
e. To compel the attendance of persons to COURT, Rule 138, Sec. 33).
testify in a case pending therein;
f. To administer or cause to be administered NOTE: This means that duly authorized officials,
oaths in a case pending therein, and in all even if they are not members of the Bar, have
other cases where it may be necessary in the authority to sue in behalf of and bind their
the exercise of its powers; principals to the judgment or any disposition of a
g. To amend and control its process and competent court in the same manner and
orders so as to make them conformable to capacity as those who are actual members of
law and justice; the Bar. Such category of legal representation is
part of the performance of official acts as
h. To authorize a copy of a lost or destroyed mandated by law (Gomez v. People, G.R. No.
pleading or other paper to be filed and used 216824, November 10, 2020).
instead of the original, and to restore, and
supply deficiencies in its records and
proceedings (RULES OF COURT, Rule GOVERNMENT LAWYERS AND
135, Sec. 5). PRIVATE PRACTICE
Section 7 of R.A. No. 6713 generally provides
6 DISQUALIFICATION OF JUDICIAL for the prohibited acts and transactions of public
officials and employees. Subsection (b)(2)
OFFICERS/INHIBITION prohibits them from engaging in the private
No judge or judicial officer shall sit in any case practice of their profession during their
in which he, or his wife or child, is pecuniarily incumbency.
interested as heir, legatee, creditor or othen/vise.
or in which he is related to either party within the As an exception, a public official or employee
sixth degree of consanguinity or affinity, or to can engage in the practice of his or her
counsel within the fourth degree, computed profession under the following conditions: first,
according to the rules ofthe civil law, or in which the private practice is authorized by the
he has been executor, administrator, guardian, Constitution or by the law; and second, the
trustee or counsel, or in which he has been practice will not conflict, or tend to conflict, with
presided in any inferior court when his ruling or his or her official functions (In Re: Silverio-Buffe.
decision is the subject of review, without the A.M. No. 08-6-352-RTC. August 19. 2009).
written consent of all parties in interest, signed
LEGAL ET
Legal and Judiciefilgg
"e-2":
vie; “.-
9»
.~;i,,. » ii“ /":-='-‘=‘»’ L - . z‘ _.,. .i‘.‘=.§-L;
,».»-re,,a.1,..~.<r_-.4»,z,¢'.:-r_e"t-i _. ,,.. -I V. 4-i
Necessaiy Not necessary
,r1.,fi=T.i.i.:l.<.?'.:R.Y. A.i.i;.,
Qylmlllll Contempt
AstoP
proof b°V°"d preponderance or
reasonable doubt evidence
Ast
|faCCUS6d is acquitted, If judgment is for
there can be "° r°$P°"d80i, there can be
appeal. an appeal.
(oca v. Custodio, G.R. No. 199825, July 26' 2017.
The Philippine Railway Co. v. Paredes, G.R. No. L:
44983, March 31, 1936)
Acts of a Lawyer Constitutin 9 C ontempt.-
(DAM3°_AzP2U)
1, Qisobedience or resistance to a valid and lawful
order of the court; _
2, _l_\_buse or unlawful interference with judicial
proceedings;
3, _llll_isbehavior as officer of court;
4, Misleading courts;
5, Making false allegations, criticisms, insults,
veiled threats against the court;
6, Qbstruction in administration ofjustice;
7, Aiding in unauthorized practice of law
(suspended or disbarred);
8. Advising client to commit contemptuous acts;
9, gublication tending to disgrace the court;
disrespectful language in pleading;
10. Eublication concerning pending litigation; and
11. Qnlawful retention of client's funds (AGPALO,
supra at 470-4 74). *-
Any publication, pending a suit, reflecting upon the
oourt, the jury, the parties, the officers of the court,
the counsel with reference to the suit, or tending to
influence the decision of the controversy, is
contempt of court and is punishable (Re: Letter of
the UP Law Faculty to the SC on the allegations of
Plagiarism & Misrepresentation in the SC, AM No.
10-10-4-SC; October 19, 2010).
t
DICIAL ET
Jggal and JudicleI‘gh°je§
Court .
An organ o fthe 9 overnment, belonging to the_ ju qicl
dgpgrtment, whose fU:CILOf;Ig';grgFi3tP|lC8IlOn 0' that
s to controversies r0 9 and the pubis
rgvministration of justice (Black's Law D,-cuonaiq
(196a).p- 425l- '1
Judicial Ethics ,
A branch of moral science which treats of the Tlgm Court Staff _
and proper conduct to be observed bya ll l‘udges and
_ Includes the persona| staff of the judge |nc|uding|
magistrates in trying and deciding controversies clerks (A.M. No. 03-05-01-SC, Defi'nitlons)_ aw
brought to them for adjudication which conduct must
be demonstrative of imPai1ia|ilY- '"I°9my' Judge j _
competence, independence, and freedom fit)"; A public officer who_. by virtue_of hisoffice, is cjoth
improprietles (PINEDA, Judicial Ethics. (2009) P- with judicial authority to decide litigated quesuofiii
lhereinafter PINEDA, Judicial Ethics]). according to law (People v. Manantan, G_R_ No il s
14129, July 31, 1962). Any person exercising judié. ‘
That branch of moral law which treats' of'th_6
d |a P°'$°“?'
, Ih8lt
power, however designated (A.M. No. 03-05_01_S'€|
qualities of members of the ill '_°__'Y h _ Definitions).
adjudicative and administrative resP°"5'b"'_I'e5' I ,9"
qualifications and disqualifications, their duties De Jure Judge, _
towards improvement of the law, the le9a| $31522: j One exercising the office of a judge as a matter“
and the administration of justice; and the re9" a . right. He is an officer of a_ court who has been dul
' di ct'al activities (DOMONDON, _ Legal
of their extra-ju and legallyappointed. He is an officer of the law mull
and Judicial Ethics (2015). P- 707 lherelnafiel vested with all of the powers and functions concedeg
DOMONDON, Legal and Judicial Ethics]). ' _ under ' the law to a i'l1d9e_ Which relate to th
administration of justice within the jurisdiction W:
Sources of Judicial Ethics: which he presides (Lima V- Rodrlguel, G.R. tv°_ L:
1. Canons of Judicial Ethics (A.O. No. 162, 1946); 12647, November 26, 1917).
2. Code of Judicial Conduct (1989);
3. New Code of Judicial Conduct for the Philippine De Facto Judge . . -
Judiciary (A.M. No. 03-O5-01-SC); An officer who is not fully invested with all of the
Code of Professional Responsibility; powers and duties conceded to judges but is
Judicial and Bar Council Rules; exercising the office of a judge under some color of
Supreme Court Administrative lssuances; right .-(Luna v. Rodriguez, G.R. No. L-12547
Article Vlll of the Constitution; '- “ November 26, 1917). '
9°.“ °"S-"':.* Rules of Court, particularty Rules 71, 135, 139- s _
B,and140; , ' » r _ - - .. ~
9. Articles 204-201 of the Revised Penal Code; , N°TE- " '53" °sse!""" °'e"‘e"‘ t°."‘° "a"d'W °iihe
10. Articles
035‘ and9,2046.“
20,27. the
32, as,
CM]139, 1491,2005, 2029-
Code; g . ~ under°fsome
~ “ts ~a d-° color
fa°t° of'“d.9°'
right that
(Lunahev. '5Rodriguez,
a°“!a"Y acting
G.R.
11_ JudiciaryActof1948; No. L-12_647, November 26, 1917).
12. Judiciary Reorganization Act of 1980; '
13. R.A. No. 3019; and
14. Jurisprudence.
DOHN ALFRED E. AQUILIZAN, Over-All Chairperson l NICHOLE VANE B. SANTOS, Chairperson for Atailemics I RONALYN A.
GACULA, Ad Hoc Directorfor Bar Matters | MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance | JUAN INIGO S MIGUEL
Vice Chairperson for Operations I ALISSA MARIE D.C. DELOS SANTOS, Vice Chairperson for Audit I CORINA R TAMPUS Vice
Chairperson for Secretariat l ARVY KEITH N. CHUNG, Vice Chairperson for Logistics | ANTONIO JUN-JUN C. MANALIGOD Via
Chairperson for Membership [JORDAN N. CHAVEZ, Vice Chairperson for Electronic Data PI‘OCt.'SSllil{ '
FEMQRY Al D
‘mpg tmculv flip of in Itlfi lai\\nisrs1ns \‘II\tsr
Qualifications oi Justices and Judges and correct unproieselonai conduct oi nttorneys bill
not in an insulting manner (AGPALO. Legal nnrl
supreme Court (SC). Court oi Appeals (CA) and Judicial Ethics (2020). p. 599 Ihemirmllor AGP/it O.
Court oi Tax Appeals (CTA) Justices: Legal and Jlidlclal Ethics/l
(N-40-15-CIPI)
t. flaturai-bom citizen oi the Philippines; Attitude Towards Litigants and Witnesses
. At least forty liq) years oi age; He must be considerate, courteous. and civil, lor it is
para Must have been. tor filteen (jg) years or more. unbecoming oi a judge to utter intemperate
a judge oi a lower court or engaged in the language during the hearing oi a case. He must
practice oi law in the Philippines; and likewise avoid controversies which are apt to
4. Must be a person of proven Competence. obscure the merits oi the dispute and lead to its
integnty. flrobity, and independence (CONST.. unjust disposition (ld.).
Art. VIII. Sec. 7).
Proper Judicial Conduct
Regional Trial Court Judges: (N-35-10-CIPI) Judges and justices must conduct themselves in a
1. _l_t_aturai-bom citizen oi the Philippines (B.P. 129, manner beyond reproach and suspicion. lree lrom
Sec. 15; JBC-009- Rules of the Judicial and Bar appearance oi impropriety in their personal
Council. fin accordance with] CONST.. Art. Vlll, behavior. not only in discharge ol ollicial duties. but
Sec. 7. par. (2)); also in their everyday lives (Tan v. Pacuribol, A.M.
2. At least thirty-five (§§) years oi age; No. RTJ-06-1982, December 14, 2007).
3. For at least ten (1_0) years. has been engaged in
the practice of law in the Philippines or has held The Code of Judicial Conduct '
a public office in the Philippines requiring Drafted by the Committee on the Code oi Judicial
admission to the practice of law as an Conduct under the chairmanship of Justice Irene
indispensable requisite (B.P. 129, Sec. 15); and Cortes on August 25, 1989 titled ‘Proposed Code of
4. Must _be a person of proven Qompetence. Judicial Conduct." it was promulgated under A.M.
integnty, Brobity, and independence (CONST.. N0. 89-9-009-SC. Once the SC resolved to JUETHIDICIACLS
Art. VIII, Sec. 7). unanimously accept and approve said Code. all
judges were required to strictly comply with the Code
Metropolitan Trial Court. Municipal Trial Court of Judicial Conduct.
and Municipal Circuit Trial Court Judges: (N-30-
5-CIPI) The Code took efiect on October 20. 1989 (CODE
1. flatural-bom citizen of the Philippines (B.P. 129, OF JUDICIAL CONDUCT). It was superseded by the
Sec. 26; JBC-009- Rules of the Judicial and Bar New Code of Judicial Conduct on June 1. 2004. Still,
Council, fin accordance with] CONST.. Art VIII, it has a suppletory character on matters that are not
Sec. 7, par. (2)); covered by the new code (PINEDA, supra at 17).
2. At least thirty (Q) years of age;
3. For at least five (§) years, has been engaged in
the practice of law in the Philippines, or has held
public office in the Philippines requiring THE NEW CODE OF
admission to the practice of law as an JUDICIAL CONDUCT
indispensable requisite (B.P. 129. Sec. 26); and
4. Must be a person of proven Qompetence. FOR THE PHILIPPINE
integrity, Brobity, and independence (CONST.,
Art. VIII, Sec. 7). JUDICIARY
(A.M. NO. 03-05-01-SC)
NOTE: All members of the judiciary must always
strive to live up to the criterion prescribed in Article
Vlll. Section 7(3) of the Constitution, providing that a
member of the judiciary must be a person of proven The Bangalore Draft (A.M. No. 03-05-01-SC, June
competence. integrity, probity and independence 1, 2004)
(No. 1, General Guidelines, Office of the Chief The New Code supersedes the Canons of Judicial
Justice, Circular No. 13, July 1, 1987). Ethics and the Code of Judicial Conduct to the extent
that the provisions or concepts therein are embodied
Attitude Towards Counsel in this Code, provided that. in case of deficiency or
He must be courteous especially to the young and absence of specific provisions in the New Code. the
inexperienced and should not interrupt their Canons of Judicial Ethics and the Code oi Judicial
arguments except to clarify their positions. Nor Conduct shall be applicable in a suppletory
should he be tempted to an unnecessary display of character.
learning or premature judgment. He may criticize
JUDICIAL ETHIQ I
Legal and Judicial Egg:
CANON 1: Objectivity
An independentjudiciary does not mean that judges
INDEPENDENCE can resolve specific disputes entirely as they plea5e_
There are both implicit and explicit limits in the way
judges perform their role. Implicit limits include
accepted legal values. and the explicit limits are
JUDICIAL INDEPENDENCE IS A PRE-REQUISITE substantive and procedural niles of law (Stage
TO THE RULE OF LAW AND A FUNDAMENTAL Prosecutors v. Muro, A.M. No. RTJ-92-875_
GUARANTEE OF A FAIR TRIAL. A JUDGE December 11, 1995).
SHALL THEREFORE UPHOLD AND EXEMPLIFY
JUDICIAL INDEPENDENCE IN BOTH ITS Section 1 - Judges shall exercise the judicial
INDNIDUAL AND INSTITUTIONAL ASPECTS.
function independently on the basis of their
Independence assessment of the facts and in accordance
it means freedom from influence. guidance, or with a conscientious understanding of the
control of others. It refers to the freedom of courts law, free of any extraneous influence,
from extraneous influence or control (PINEDA, inducement, pressure, threat, or
supra at 32). interference, direct or indirect, from any
quarter or for any reason.
Section 35 of Rule 138 of the Rules of Court
expressly prohibits sitting judges from engaging in An independent judiciary is one free from
the private practice of law or giving professional inappropriate outside influence. Judges are required
advice to clients. The prohibition is based on sound to reject pressure from any source. maintaining
reasons of public policy. considering that the rights, independence in the pursuit of their duties (NEW
duties, privileges. and functions of the office of an CODE OF JUDICIAL CONDUCT FOR THE
attomey are inherently incompatible with the high PHILIPPINE JUDICIARY [Annotated], supra at 1).
official functions. duties, powers, discretion and
privileges of a sitting judge.
fi‘Ei~i§Q1Rv AID
ve‘ ’.- uygfly \ N CI Ill “I Q i“u“‘ P.“
P- i
MEM»\Q'~RY AID
e|i|uItvwu\Kv°°|'0'°“l"'"°¢'5I0onuomCane-
|mpf8S5iOl‘l that in the near future there will be some him, be scrupulously careful to avoid such action as
mutual reciprocation for the accommodations or may reasonably tend to waken the suspicion that his
favors extended to one another. This “quid pm qua. social or business relations or friendships constitute
may expand to the rendition of decision to the
an element in determining his judicial course
prejudice of the ends of justice (PINEDA, supra at (CANONS OF JUDICIAL ETHICS, Canon 30).
52).
EXCEPTION: The congenial relationship between a Judges should not fratemize with litigants and their
judge and a provincial govemor does not, in itself, counsel; they should make a conscious effort to
avoid them in order to avoid the perception that their
tamish the image of an independent judiciary. An independence has been compromised (NEW CODE
LGU which provides a vehicle for the use of the OF JUDICIAL CONDUCT FOR THE PHILIPPINE
judge does not impinge on judicial independence, JUDICIARY [Annotated], supra at 8).
absent any indication of corruption or anomalous
undertakings (Re: Suspension of Clerk of Court Party-litigants must be kept at a distance during the
Jacobo, A.M. No. 93-10-1296-RTC, August 12, course of the litigation. Hence, ex parte
1998). communications with any of the parties must be
vigorously avoided. in case of social contact with a
NOTE: However, under the New Code of Judicial litigant, the pending case should never be
Conduct, the respondent judge's acts would likely discussed. in the same way, emissaries for the party
have created an “appearance” of an improper or go-betvveens should be rejected by the judge
connection. To a reasonable observer, the (FUNA, supra at 443).
accommodation may seem a reason for the judge to
ingratiate himself towards his benefactors, which Illustrations:
may ultimately be perceived as affecting the judge's 1. A judge's act of sending his staff to talk with the
ability to rule independently. Therefore, whether or complainant and show copies of his draft
not the congenial relationship was indeed used for decisions, and his act of meeting with litigants
corrupt ends, it would be advisable for judges to outside the office premises beyond office hours
avoid becoming dependent on other parties, violate the standard of judicial conduct required
especially for basic needs like transportation to the to be ObS8N8d by a member of the Bench. Such
judge's workstation (NEW CODE OF JUDICIAL constitutes gross misconduct (Tan v. Rosete,
CONDUCT FOR THE PHILIPPINE JUDICIARY A.M. No. MTJ-04-1563, September 8, 2004).
[Annotated], supra at 7). 2. Meeting with the defendant without notice or
knowledge, much less the presence of the
Section 6 - Judges shall be independent in complainant or her representative, which
relation to society in general and In relation resulted in the cancellation of the bench warrant,
to the particular parties to a dispute which revocation of the order of imprisonment and
significant reduction in the amount of fine, would
he or she has to adjudicate. raise doubt and suspicion in the dispensation of
A judge should, as far as reasonably possible, justice (Edafio v. Asdala, A.M. No. RTJ-06-
1974, July 26, 2007).
refrain from all relations which would normally tend
to arouse the suspicion that such relations distort or Section 7 - Judges shall encourage and
bias his judgment and prevent an impartial attitude
of mind in the administration of judicial duties uphold safeguards for the discharge of
(CANONS OF JUDICIAL ETHICS. Canon 25). judicial duties in order to maintain and
enhance the institutional and operational
EXCEPTION: Judges, however, may join civil, independence of the Judiciary.
religious or professional organizations as long as
their membership does not interfere with their judicial A judge is a visible representation of the law and
tasks (NEW CODE OF JUDICIAL CONDUCT FOR more importantly of justice; he or she must,
THE PHILIPPINE JUDICIARY [Annotated], supra at therefore, be first to follow the law and weave an
8). example for the others to follow (Inoturan v.
Limsiaco, Jr., A.M. N0. MTJ-01-1362, February 22,
it is not necessary to the proper performance of 2011).
judicial duty that judges should live in retirement or
seclusion; it is desirable that, so far as the Illustrations:
completion of their work will permit, they continue to 1. The SC declared the unconstitutionality of R.A.
mingle in social intercourse, and that they should not No. 972, “An Act to Fix the Passing Marks for
discontinue their interests in or appearance at Bar Examinations from 1946 up to and including
meetings of members of the bar. A judge should, 1955," because it qualifies 1,094 graduates who
however, in pending or prospective litigation before confessedly had inadequate preparation for the
JUDICIAL Eriiiee
Legal and Judicial Ethics
l
\ I
REM/Q;RY Al o
In-L.'~—"(_ ultlcl Niki “L‘r|_.|._._ C-‘U
order that they can completely construe and enforce Section 3 - Judges should take or lam
the law. it is more important that they should act and appropriate disciplinary measure; aw":
behave in such a manner that the parties before lawyers or court personnel "*1
them should have confidence in their impartialitli unprofessional conduct of which the jug"
l5lbayan-Joaquin v. Javellana, A.M. N0. RTJ-00- may have become aware. De
1601, November 13, 2001).
Oftentimes, leniency provides the court empjo
Illustrations: the opportunity to commit minor transgressbrfsel
1. A judge should not seek PUb"°"Y I°' P°"$°Y‘a' the laws and slight breaches of official G °l
vainglory. Circulating calliflg Cards °°"I3'"'"9 ultimately leading to vicious delinquencies, A mm!
self-laudatory statements in 098" _°°U_" should constantly keep a watchful eye on 9°
gonstitutes simple misconduct. Announcing in conduct of his employees. His constant scrufinythe
open court his qualifications is likewise violative the behavior of his employees would @1918, an“
of Canon 2 of the Code of Judicial Conduct. abuse on the part of the latter in the exercise ofthe.’
Judges should not use the courtroom as duties. Then, his subordinates would know {hm an"
platform for announcing their qualifications misdemeanor will not remain unchecked (Galem I
especially before lawyers and litigants who Court of Appeals, G.R. No. 151121, July 31’ 2008)v.
might interpret such publicity as a sign of
insecurity (Office of the Court Administrator v. It is well within the ambit of a judge's judici
Floro, A.M. No. RTJ-99-1460, March 31, 2006). prerogative to discipline his staff for negjjgenoael
2. lt is not commendable, proper or moral for a and/or mistake. He should, however, not make
judge to be perceived as going out with a woman habit of showing fits of temper and resorting to verb;
not his wife. Such is a blemish to his integrity and abuse against emng employees. He Should be
propriety, as well as to that of the Judiciary. No mindful of the need to maintain professional and
position demands greater moral righteousness harmonious relations with his court personnel with a
and uprightness from its occupant than does the view to the speedy and efficient administration M
judicial office. His personal behavior outside the justice (Re: Suspension of Clerk of Court Jowbo
court, and not only while in the performance of A.M. No. 93-10-1296-RTC, August 12. 1998). '
his official duties, must be beyond reproach, for
he is perceived to be the personification of law The behavior of all employees and officials involveq
and justice. Thus, any demanding act of a judge in the administration of justice, from judges to the
degrades the institution he represents most junior clerks, is circumscribed with a heavy
(Anonymous v. Achas, A.M. No. MTJ-1111801. responsibility. Their conduct must be guided by striq
February 27, 2013). _ _ ' ' P propriety and decorum at all times in order to mam
3. By meeting the complainant and advisingiher to and maintain the public‘s respect for and trust in the
talk to opposing counsel to expedite the action judiciary. Needless to say, all court personnel mus;
on the cases, the judge failed to act in a manner conduct themselves in a manner exemplifying
that upholds the dignity mandated by'his office. integrity, honesty, and uprightness (SISOH-Bariag v_
Had it been true that he was brokering a Rubia, A.M. RTJ-14-2388, June 10, 2014).
settlement between the parties, ltshould have
been done in open court with the record Suspension of Clerk of Court
reflecting such an initiative. Integrity is essential However, judges do not have the power and
not only to the proper discharge of the judicial authority to preventively suspend a clerk of oourtas
office but also to the personal demeanor of such power is vested exclusively with the SC (Re;
judges (Sison-Barias v. Rubia, A.M. No. RTJ-14- Suspension of Clerk of Court Jocobo, A.M. No. 93-
2388, June 10, 2014). 10-1296-RTC, August 12, 1998).
Examples Demonstrating Lack of Integrity:
1. Conducting in-chambers sessions without the
presence of the other party and his counsel;
Making the courtroom as a gambling place; CANON 3:
. Judge who practices law; IMPARTIALITY
. Maliciously kissing his female subordinates;
UI-Abblx). Habitual tardiness which amounts to serious
misconduct and inefficiency;
6. Slapping court personnel; and IMPARTIALITY IS ESSENTIAL TO THE PROPER
7. Non-payment of just debt (PINEDA, supra at 67- DISCHARGE OF THE JUDICIAL OFFICE. II’
68). APPLIES NOT ONLY TO THE DECISION ITSELF
BUT ALSO TO THE PROCESS BY WHICH THE
DECISION IS MADE.
\ I
HIEMIQRY AID
ii-i pm mw-Ii *‘"l'iP °' W‘ ‘"3 "Ii Qvnluu collu-
.iilil WIItl Ill jliiisuilt lis Ll witness and what accused to personally appear (Q, h
lllitlldlb allt.Il witness will testify on Iinpaitiality arreigninenl, but lie did riot The appeargmh "A
was tlieiiclleit when he suggested to ii party leniency seemingly exhibited in favor M "II
what eviilence to present to prove its case. accused gives an impression OI blag aria
While the llldl court may interfere in the manner partiality that should lie addressed fir"
of presenting evidence in order lo pronioie the corrected (Barldoy v. Jucinto, Jr., AM NOV mill
orderly conduct of the trial, the final 14-2399, November 19, 2014;. -/~
tteteiiliilialiori of what evidence to adduce I8 lllfl
sole prerogative of the contending parties (TY I/~ Section :l - Jude" shall. so fay a‘
Biillco Filip/no Savings and Mortgage BBIIK reasonable, so conduct themselves ad to
G R Nos. 149797-98, February 13, 2004). mlnlmlze the occasions on which ll wj“ b.
In disposing of a criminal case, a judge should necessary for them to be disqualified pom
avoid appearing like an advocate for either hearing or deciding cases-
party. It la also improper for a judge to push
actively for amicable settlement against the Duty to Sit
wishes of e party. A judge's unwelcome It is imperative that judges ensure that they WOW
persistence makes the judge vulnerable to not unnecessarily be disqualified from a case (NEW
suspicion of favoritism (Momemeyor v. Berme/o, CODE OF JUDICIAL CONDUCT FOR THE
Jr., A.M. No. MTJ-04-1538, March 12, 2004). PHILIPPINE JUDICIARY [Annotated], supra 8; ,6
Prudence and judicial restraint dictate that e citing ABA Annotated Model Code of Jgdjc/8"
judge should resenre personal views and Conduct, 2004).
predilectlons to himself so as not to stir up
suspicions of bias and unfairness. His language, REASON: The duty to sit is imposed because
both written and spoken, must be guarded and permitting judges to disqualify themselves lo,
measured, lest the best of intentions be frivolous reasons or for no reason at all WQu|d
misconstrued (Office of the Court Administrator contravene public policy by unduly delaying
v. Floro, A.M. No. RTJ~99-1460, March 31, proceedings, increasing the workload of other
2006). judges, and fostering impermissible jUdQ6-SI'lOppjng‘
Respondent judge's utterance of “I don’! want to Another Issue is the possibility that no judge Wgujd
see your Iacei", “You better transfer to another be available to decide a case because judges wjjh
court!" or “You are being Influenced by jurisdiction over the case would opt to recuse from
politicians." was improper and does not speak the case (ld.).
well his stature as an officer of the Court.
Improper language of a judge directed towards EXCEPTION: Judges may, in their exercise or
complainants in his Answers and Comments sound discretion, restrict themselves voluntarily from
where he criticized them for their Incompetence sitting in a case, on the basis of good, sound_ 0,
in handling the subject case, use of abusive and ethical grounds, or for just and valid reasons. It is ndj
insulting words, tending to project the enough that a party casts some tenuous allegations
complainant's ignorance of the laws and of partiality at the judge (Id).
procedure, prompted by his belletlthat the latter
mishandled the cause of his client, is obviously Rule of Necessity
and clearly insensitive, distasteful, and The rule of disqualification of judges must yield to the
inexcusable (Jorda v. Bites, A.M. RTJ-14-2376, demands of necessity. A judge is not disqualified to
March 5, 2014). ‘ sit in a case if there is no other judge available to
The mere presence of respondent Judge Rubia
in the dinner meeting "with complainant, a litigant
hear and decide the case. When all judges would be I
disqualified, disqualification will not be permitted to I
with several cases pending before his sala, destroy the only tribunal with power in the premises
provides a ground for administrative liability. (NEW CODE OF JUDICIAL CONDUCT FOR THE
Had it been true that a settlement was being PHILIPPINE JUDICIARY [Annotated], supra at 16-
brokered by respondent Judge Rubia, it should 17, citing Parayno v. Meneses, G.R. No. 112684,
have been done in open court with the record
reflecting such an initiative. His actions failed to April 26, 1994).
assure complainant and other litigants before his
court of the required cold neutrality of an REASON: The doctrine operates on the principle
impartial judge (Sison-Barias v. Rubia, A.M. that a biased judge is better than no judge at all.
RTJ-14-2388, June 10, 2014). Under such circumstances, it is the duty of the
The arraignment of the accused was postponed disqualified judge to hear and decide the
from 2007 to 2011 without appropriate action controversy, however disagreeable it may be (Id. at
coming from the court. The judge should have 16-17).
availed of known legal remedies to compel the
*3 r,..\isF231P2 "Om 5" Quorum. Q".
Morgen to lnhlblt _ ‘ ‘
The denial of a motion to inhibit IS prgpgr when the 2. Judges and justices are not disqualified lrom
records do not show that themovant was or will be participating in a case simply because they
depnved Qt a fair and impartial trial (Te v. Court or have written legal articles on the law lrtyolyed
Appea]s_ G_R. No. 126746, November 29, 2000). in the case. In the same manner. they will not
be disqualified just because they may have
A rujjng not to inhibit oneself cannot be overturned given their opinions as textbook writers on the
jn the absence of clear and convincing evidgnce to question involved in a case (ld.).
prove the Cl\af99- Where. however, ‘bias and
partiality is evident, the judge must inhibit from the Section 5 - Judges sha" disqualify
case (FUNA, supra at 454). themselves from participating in any
g'°f°°di"9s in which they are unable to
persons who are not parties to the case may not ec de the matter impartially or in which it
k the inhibition of a judge (Hilado v. Re , G_R_ may appear to a reasonable observer that
iv? 163155. July 21, 2006). yes they are unable to decide the matter
impartially. Such proceedings include, but
section 4 - Ju_d9es shall not knowingly, are NOT LIMITED to instances where: (APE-
while a pr0¢99d"19 is before, or could come ExAd-GTL-RRF)
before them. make any comment that might
reasonably be expected to affect the 1. The judge has Actual bias or prejudice
outcome of such Proceeding or impair the concerning a party or personal knowledge of
manifest fairness of the process. Nor shall disputed evidentiary facts concerning the
judges make any comment in public or proceedings;
othenivise that might affect the fair trial of 2. The judge flreviously served as a lawyer or was
any person or issue. _ a material witness in the matter in controversy;
3. The judge or a member of his or her family has
subjudice Rule an gconomic interest in the outcome of the
This rule restricts comments and disclosures matter in controversy;
pertaining to the judicial proceedings in order to 4. The judge sewed as Qecutor, Mministrator,
avoid prejudging the issue, influencing the court, or Quardian, Irustee or Lawyer (ExAd-GTLj in the
case or matter in controversy, or a former
obstructing the administration of justice (Tormis v. associate of the judge sen/ed as counsel during
Paredes, A.M. No. RTJ-13-2366, February 4, 2015).
their association, or the judge or lawyer was a
RATIONALE: it is a traditional conviction of civilized material witness therein;
5. The judge's ruling in a lower court is the subject
society everywhere that courts and juries, in the of Beview; ,
decision of issues of fact and law, should be immune 6. The judge is Belated by consanguinity or affinity
from every extraneous influence; that facts should
. to a party litigant within the sixth civil degree or
be decided upon evidence produced incourt; and to counsel within the fourth civil degree; and
that the determination of such facts should be 7. The judge knows that his or her spouse or child
uninfluenced by bias, prejudice, or sympathies has a financial interest, as heir, legatee,
(Nestle Philippines v. Sanchez, G.R. No. 75209, creditor, fiduciary, or otherwise, in the subject
September 30, 1987). matter in controversy or in a party to the
proceeding, or any other interest that could be
Judges should avoid side remarks, hasty substantially affected by the outcome of the
conclusions, loose statements, or gratuitous proceedings.
utterances that suggest that they are prejudging a
case. Not only is there danger of being misquoted, 1. The judge has actual bias or prejudice
but also of compromising the rights of the litigants in concerning a party or personal knowledge of
the case (NEW CODE OF JUDICIAL CONDUCT disputed evidentiary facts concerning the
FOR THE. PHILIPPINE JUDICIARY [Annotated], proceedings; ‘
supra at 17). - While litigants are entitled to a judge who will
decide on the merits of the facts presented,
EXCEPTIONS: strained personal relationship, animosity, and
1. Notall comments byjudges are impermissible. hostility between a judge and party or counsel
If a judge expresses open-mindedness are not grounds for disqualification (NEW
regarding a pending issue and the judge's CODE OF JUDICIAL CONDUCT FOR THE
comments do not clearly favor one side over PHILIPPINE JUDICIARY [Annotated], supra at
the other, disqualification is not required; and 17).
“i
JUDICIAL Eri-lies
Legal and Judicial Ethjca
The mere filing of an administrative case does served as counsel lor the delenqan
not constitute a ground to disqualify a judge from therein. His actuations gave ground (0, t‘
hearing the case. othenivise, many cases would parties to doubt his impaniality gm
have to be kept pending or there might notbe objectivity (Andres v. Maiadvwn. A M_ ~“°
enough judges to handle all the cases pefldlflg RTJ-03-1762, December 17, 2008). °
in all court. There must first be a S|'tOWlf1g °t b. A judge who notarized the affidavit 01
arbitrariness or prejudice before the judge Cari person to be presented as witness in 3 ca;
be considered partial or biasedsl-fence. If I8 before him is disqualified from hearing th
judge denies the motion to inhibit him, his case (Mateo, Jr. v. Villaluz, GR, Nos‘ Le
continued cognizance of the case pending 3475e59, March 31, 1973)- ‘
before him is proper, if no TRO or injunction is
issued against him (Aparicio v. Andal, G.R. Nos. The judge or a rnember of his or her ramny
86587-93 (Resolution), July 25, 1989). has an economic interest in the outcome 0'
the matter In controversy;
Bias and prejudice cannot be presumed, in light
especially of a judge's sacred obligation under Illustrations:
his oath of office to administer justice without 1. A municipal judge who filed complaints jn h.
respect to the person, and to give equal right to own court for robbery and malicious mjscm:
the poor and rich. There should be clear and against a party for the purpose of prgteqj
convincing evidence to prove the charge; the property interests of his co-heirs, 3::
mere suspicion of partiality is not _efl0l19t"- The then issued warrants of arrest against the
bare allegations of the complainant Cannot party, was found guilty of senous
overtum the presumption that the respondent misconduct, and ordered dismissed from the
acted regularly and impartially (Lorenzana v. bench before he was able to recuse himself
Austria, A.M. No. RTJ-09-2200 April 2, 2014). (Oktubre v. Velasco, A.M. No. ii,rr_j_ 02
1444, July 22, 2004). '
Illustrations: ' 2. Respondent judge was found to h
a. The fact that the respondentjudge and Atty. violated this Canon when he acted on Zia
Francis Ku are members of the Masonic criminal complaint for grave threats at;
fraternity does not justify or prove that the issued a warrant of arrest despite h-
former acted with bias and partiality. Bias relationship to the private complainant Q
and partiality can never be presumed and was his third-degree relative‘ b
must be proved with clear and convincing consanguinity (Pangandag v. Abinal, M:
evidence. While palpable error ‘may be No. MTJ-16-1877, June 13, 2016) ' ‘
inferred from respondent judge's-issuance 3. The judge was disqualified and should h
of the Writ of Amparo, there is no evidence inhibited himself from sitting in the cave
on reoord that would justify a finding of involving the application of his wife forse
partiality or bias (Salcedo v. Bollozos, A.M. notarial commission (Sindon v Jud a
No. RTJ-10-2236, July 5, 2010). Alzate. A.M. No. RTJ-20-2576. January 3;
b. A judge who had personal knowledge of the 2020). '
looting and dismantling at the PLDT Tower
and was instrumental in the apprehension of The judge served as executor, administrator
the robbers should have disqualified himself guardian, trustee or lawyer in the ea '
from conducting the preliminary se or
matter in controversy, or a former associate
investigation of the case involving the same of the judge served as counsel during their
incident as that would spawn a perception association, or the judge or lawyer was a
that he is bias and impartial (Verzosa v. material witness therein;
Contreras, A.M. No. MTJ-06-1636
(Resolution), March 12, 2007). Illustration:
The automatic disqualification of a judge in
The judge previously served as a lawyer or case in which he previously served as a lawyer
was a material witness in the matter in
extends to judges who served as lawyers in
controversy;
closely related cases (Judicial Qualifications
Illustrations: . Commission v. Schirado, 364 N.Vl/.2d 50, N.D.
a. Respondent judge violated this Canon when 1985).
he dispensed with the raffle, took
cognizance of the civil case and ordered its The judge's ruling in a lower court is the
outright dismissal despite the fact that prior subject of review;
to his appointment as judge, respondent
f
i'"\
*2 ,3iI',<>~ ;JdYAID
Illustration: _
""°1‘Y"l0r~niu>mc-or
3.
A -udge. as 3 public servant, should nol be U]
intention ol defrauding a possible lUd9f_“em' sklnned or sensitive as to feel hurt or oflendegri
obligee. Simple misconduct is a transgression of a citizen 8XPfe55°5 3" "One-°'>l opinion ans“
some established rule of action, an unlawful him. He should always bear in mind (hat mg
behavior, or negligence committed by 8 P“b|'° pQW6l’ of the court to punish for COflt8lTlp[ Show
officer (Campos v. Campos, A.M. No. MTJ-10- be exercised for PUfP°5°5 that 3'9 "llpersnnal
1761, February 8, 2012). _ (Judge Francisco v. Laurel, A.M. No. P-10-2745
2, Respondent judge paraded his mistress in full JuIy6,2010). _ _ _ I I '
view of his colleagues, court personnel, and 4. The act of publicizing professional quallfigafions
even the general public by bringing her to fi6$lB5 or boasting of havin9 swdwd '" afld Qradnajeq
and other public places, without any feflafd l° from certain law schools, no matter hm
consequences that may arise as a result thereof. prestigious, might have revealed the f8$p°ndem
Worse, respondent even had the audacity I0 U59 judges‘ bias for or against some lawyers
his chambers as a haven for their morally (Jamsani-Rodnguez v. Ong, A.M. No. 03.19_s&
depraved acts. ln doing so, resP°"d°"l fa_"°d to J, August 24, 2010).
adhere to the exacting standards of morality arid
decency which every member of the judiciary is
expected to observe. There is no doubt that Section 4 - Judges shall not ‘participate in
engaging in an extramarital affair is not only a the determination of a case in which any
violation of the moral standards expected of the member of their family fepresents a litigant
members and employees of the judiciary but is or is associated in any manner Wllh the
also a desecration of the sanctity of the C386. .
institution of marriage which the Court abhors
and is, thus, punishable (Mah-Arevalo v. Illustration: _
Mantua, A.M. No. RTJ-13-2360, November 19. The moment the judge's son-in ‘law entered nn
2014). . appearance as counsel for the plaintiff in a case ne
was presiding, it was imperative upon him to
Section 3 - Judges shall, in their personal forthwith disqualify himself and have the case ,e_
relations with individual membersof the raffled toanother branch (Ortiz v. Jacu/be, A.M. NQ
legal profession who practice regularly in RTJ-04-1833, June 28, 2005).
their court, avoid situationsfwhich might
reasonabIy'give rise to the suspicion or (See discussion under Canon 3, Sec. 5.)
appearance of favoritism or partiality.
Section 5 - Judges shall not allow the use of
A judge who is commanded at all times to be their residence by a member of the lega|
mindful of his high calling and his "mission as a profession to receive clients of the latter or
dispassionate and impartial arbiterof justice is of other members of the legal profession.
expected to be "a cerebral man who deliberately
holds in check the tug and pull of purely personal Such a scenario will create the wrong impression
preferences which he shares with his fellow that the judge and the lawyer are partners in
mortals” (Office of the Court Administrator v. "practice of law", or that they are intimate with one
Paderanga, A.M. No. RTJ-01-1660, August 25, another which perceived intimacy will adversely
2005). affect the presumed impartiality of the judge should
the lawyer have a case before him (PINEDA, supra
Illustrations: at 158).
1. If a judge is seen eating and drinking in public
places with a lawyer who has cases pending in Illustration:
his or her sala, public suspicion may be aroused, lt was inappropriate for a judge to have entertained
thus tending to erode the trust of litigants in the a litigant in his house, particularly when the case is
impartiality of the judge (Padilla v. Zantua, Jr., still pending before his sala. Fratemizing with
A.M. No. MTJ-93-888, October 24, 1994). litigants tamishes the appearance of propriety as il
2. By unceremoniously citing Atty. Oclarit in is an ironclad principle that a judge must not only be
contempt, respondentjudge lost sight of the fact impartial, but he must also appear to be impartial (J.
that the power to cite persons in contempt is at King and Sons v. Hontanosas. A.M. No. RTJ-03-
his disposal for purposes that are impersonal, 1802. September 21. 2004).
because that power is intended as a safeguard
not for the judges as persons but for the
functions that they exercise (Office of the Court Section 6 - Judges, like any other citizen, are
Administrator v. Paderanga, A.M. No. RTJ-01- entitled to freedom of expression, belief,
1660, August 25, 2005). association and assembly, but in exercising
such rights, they shall always conduct
7
Fl'EMb~Rv AID
smnnnnuwcnyuihqnoltaw-I40clth0l,uuuuCuiiq
within the competency of a regular notary public. in any other court proceedings in Gonna
provided that: with his personal cases. Thus, the a¢j of illon
1. All notarial lees charged be for the account of the motion for entry of judgment is bulillig
the Government and turned over to the isolated case and does not in any l an
municipal treasurer; and constitute private practice of law. 0bvieus| wall
2. Certification be made in the notarized is not lawyering for any person in this ease g" he
documents attesting to the lack of any lawyer or himself is the petitioner (Office or (he Cshe
notary public in such municipality or circuit Administrator v. Floro, A.M. No. RT_)_99_1°“rt
(Tupal v. Rojo, A.M. No. MTJ-14-1842, February March a1, 2006). 460.
24, 2014).
Section 12 - Judges may form Q, I
EXCEPTION: They may not undertake the associations of judges or participataogn
preparation and acknowledgement of private other- organizations representing "1"
documents, contracts, and other acts of interests of judges. ' °
conveyances which bear no direct relation to the
performance of their functions as judges (Tupal v. This rule recognizes the difference betwee
Rojo. A.M. No. MTJ-14-1842, February 24, 2014). membership in associations of judges ans
membership in associations of other jegal
Illustration: I professionals. While attendance at lavish events
Judges cannot notarize the affidavits of cohabitation hosted by lawyers r'night create an appearance of
l
of the parties whose marriage they will solemnize. impropriety, participation in judges_°n| l
Affidavits of cohabitation are documents not organizations does not (NEW CODE OF JUI)/CMZ
connected with their official function and duty to CONDUCT FOR THE PHILIPPINE JUDICIARY
solemnize marriages (Tupal v. Rojo, A.M. No. MTJ- [Annotated], supra at 31).
14-1842, February 24, 2014). I
Section 13 - Judges and members of their
Otherwise, the act of a judge in notarizing a pleading families shall neither ask for nor accept, any
in a case which is not pending in that judge's sala,
or in notarizing private documents, ‘constitutes gift, bequest, loan or favor in relation to
unlawful practice of law under SC Circular 1-90 anything done or to be done or omitted to be
(NEW CODE OF JUDICIAL CONDUCT FOR THE done by him or her in connection with the
PHILIPPINE JUDICIARY [Annotated], supra at 30). performance of judicial duties.
.
< \
Gifts
l
to notarize documents anywhere and under all This term refers to a thing or a right to dispose of
circumstances (PINEDA, supra at 174). . » gratuitously, or any act or iiberality, in favor of
'. 4 . another who accepts it, and shall include a simulated
Acts Q Constituting Private Practice of. Law: sale or ostensibly onerous disposition thereof (R.A.
1. A judge who merely acted as_a witness to a No. 6713, Sec. 39 (c)).
document and who explained to the ‘party
waiving his right of redemption over the EXCEPTION: An unsolicited gift of nominal or
mortgaged properties the consequences thereof insignificant value not given in anticipation of, or in
does not engage himself in the practice of law exchange for a favor from a public official or
(De Castro v. Capulong, A.M. No. 2739-CFI, employee (R.A. No. 6713, Sec. 3 (c)).
November 2, 1982).
2. A judge who appeared for herself and on behalf Loan
of her co-plaintiff» is not tantamount to prohibited This term includes simple loans, commodatum,
practice of law. A party's right to conduct guarantees, financing arrangements, or
litigation personally is recognized by Sec. 38 of accommodations intended to ensure its approval
Rule 138 of the Rules of Court. Clearly, in (R.A. No. 6713, Sec. 3 (e)).
appearing for herself, she was not customarily
or habitually holding herself out to the public as Requirement for Liability to Attach
a lawyer. Neither was she demanding payment in order for a Judge to be held liable under Sections
for such sen/ice. Hence, she cannot be said to 8 and 13, Canon 4 of the New Code of Judicial
be in the practice of law (Maderada v. Judge Conduct for the Philippine Judiciary, there must be
Mediodea, A.M. No. MTJ-02-1459, October 14, evidence first that would establish that private
2003). interests were advanced using the prestige of
Where, save for the "Motion for Entry of judicial office or that the acceptance, inter alia, of
Judgment," it does not appear from the records loans or favors was made in exchange for anything
that the judge filed other pleadings or appeared to be done or omitted to be done by the Judge in
4__i
7
mnnactioii with tho performance of official duligg These two sections should be read in relation l0
(Josgflllfl M. Ongciiuiigco Trading COfp0r(jtjQ” v_ Secllon 7(d) of R.A. N0. 6713 which prohibits pub|lC
Pmmc. ,4 M. N0 RTJ-14-2402, April 15, 2015).
officials from soliciting or accepting gifts from an)‘
person in the course oi their official duties (NEW
NOTE: Before a ludgf ma)’ be held administratively CODE OF JUDICIAL CONDUCT FOR THE
“abja lor willful iai ure to pay his debts, tho PHILIPPINE JUDICIARY [Annotated], supra at 31).
complainant must present substantial evidenoo that
would show thatthe respondent no lOflg6r‘|nt9n(j3 to Section 15 - Subject to law and to any legal
tullill his obligation. There must be circumstances requirements of public disclosure, judges
mat would support the conclusion that tne
respondent no longer has any intention to pay his may receive a token gift, award, or benefit as
debt (Josefina M. Ongcuangco Trading Corporation appropriate to the occasion on which it is
V, Pinlac. A.M. No. RTJ-14-2402, April 15, 2015). made. provided that such gift, award, or
benefit might not be reasonably perceived
REASON: The PT°5C|'|PilOTi against borrowing as intended to influence the judge in the
money or property from lawyers and litigants in a performance of official duties or othennlse
case pending beforethe court is imposed on judges give rise to an appearance of partiality.
to avoid the impression that the judge would rule in
favor of a litigant because the former is indebted to Factors in determining whether the gifts are
(no latter. in order for the said proscription to reasonable: (VRS)
gp6f3i9, it should first be established that the judge 1. The _l_{alue of the gift should not be excessive;
knows that the person or entity from whom he or she 2. The Begulanty of the occasion; and
is borrowing money or property is actually a lawyer 3. The §ource of the gift.
or litigant in a case Pending before his or her sala
(Josefina M. Ongcuangco Trading Corporation V, NOTE: If the gift-giver is a party-litigant with a
Pinlac, A.M. No. RTJ-14-2402, April 15, 2015). pending case before the judge, the value of the gift
might be immaterial as the propriety of the gesture
Favor might be misconstrued or questioned (FUNA, supra
Favor refers to a benefit or an advantage received at 480).
from a person not related to the judge that is not
included in the concept of a gift or loan (PINEDA, This section qualifies the last two sections by
supra at 176). allowing judges to accept token gifts, awards, or
benefits when given as a consequence of a special
Illustrations: . occasion.
1. Ajudge who accepted the free use of a car for a
year or utilized free battery charging services As to gifts and grants from foreign countries, the
from the shop of the litigant violated the law following are allowed:
(Capuno v. Jaramillo, Jr., A.M. No. RTJ-93-944, 1. The acceptance and retention by a public official
July 20, 1994). - - ' or employee of a gift of nominal value tendered
2_ Ajudge likewise erred when he allowed a litigant and received as a souvenir or mark of courtesy;
to pay for the freight of his personal acquisitions 2. The acceptance by a public official or employee
(Agpalasin v. Agcaoili, A.M. No. RTJ-95-1308; of a gift in the nature of a scholarship or
April 12, 2000). fellowship grant or medical treatment,
3. The acceptance by a public official or employee
Section 14 - Judges shall not knowingly of travel grants or expenses for travel taking
permit court staff or others subject to their place entirely outside the Philippines (i.e.
allowances, transportation, food and lodging) of
influence, direction or authority, to ask for, more than nominal value if such acceptance is
or accept, any gift, bequest, loan, or favor in appropriate or consistent with the interest of the
relation to anything done, to be done or Philippines; and ' _
omitted to be done in connection with their 4. Permitted by the head office, branch or agency
duties or functions. which the judge belongs (R.A. No. 6713, Sec. 7,
par. (d)).
What the judge cannot do directly, the judge should
not be allowed to do indirectly through his staff and Criminal Liability for Bribery: _
others under his authority. Sections 13 and 14 1. Direct Bribery
postulate that those enjoying the judge's trust and - Agreeing to performan act constituting a
confidence should not be used as "bridges" to the crime in connection with the performance of his
judge himself (FUNA, supra at 479). official duties in consideration of any offer,
JUDICIAL ET ‘
Legal and ludlciainglthckg
laws for every position. It does not involve a question 687 (Resolution), February 9, 1994).
of policy but simply a determination, based on facts,
of whether a candidate possesses the requisite NOTE: The express enumeration of the groumjs
qualifications or not. The JBC neither assumes an fort compulsory disqualification of a judge
existence separate from therJudiciary as it is not excludes all other grounds not specified abqve l
intended to be an independent Constitutional body (People v. Sesbreno, G.R. No. 121754
but merely a Constitutional office created and September 9, _1999). '
l
of a co-equal branch of the govemment, which is the If a judge is compulsorily disqualified under any
very basis of the political question doctrine, is of the grounds under the first paragraph of 39¢
therefore not attendant when the Court supervises 1 of Rule 137, Rules of Court, he has no choice
and reviews the action of the JBC which is neither an but to withdraw from the case, unless all the
executive nor a legislative branch enjoying parties consent thereto (AGPALO, Supra at
independent political prerogatives. in fine, the Court 605). I
has authority, as an incident of its power of l
l
\ I
M EM/QRY AI D
M, “,3 umuutt (tinge (ll law it(ti_‘i liq ti\,.,.“m“ mm
DISTINCTIONS BETWEEN
paragraph oi Section t. Rule 137 (Pimeniel v. --~ ac-IALI Aflln IKIIJIDI ‘I-A‘
JUDICIAL _E'_l'HlQ
Leg at and Judicial Eh,jca8
ll such is not the case. the Judicial integrity Board Quantum of Evidence Required
shall cause the service of the copy of the complaint in its recent rulings, the Supreme Court has appjied
on the respondent and require the latter to file his substantial evidence as the quantum of proof
answer or comment within ten days from notice of necessary in resolving administrative COl’i'tp|aims
such complaint (Sec. 11). against judges (Office of the Court Administrator V
Reyes, A.M. No. RTJ-17-2506, November 10'
The Judicial integrity Board shall submit to the 2020). Members of the judiciary are not a class oi
Supreme Court its Report and Recommendation their own as public officers, as to require a higher
thereon not later than sixty days from receipt of said degree of proof for the administrative cases filed
comment or answer of the respondent (Sec. 11). against them. When a disgraceful lavvyot is
disbarred, the complainant merely needs to prove by
Procedure for Resolution of Disciplinary Actions clear preponderance of evidence to establish
Any disciplinary action against any of those liability. There appears no compelling reason to
mentioned in Section 1(1), which can be resolved on require a higher degree of proof when cases filed
the basis’ of the pleadings of the parties, against judges are dealt with. (Macias v. Mooias
documents/papers or public or court records and/or A.M. No. RTJ-01-1650, September 29, 2009). '
documents or papers filed with or submitted by them
to the JIB shall be deemed submitted for the Automatic Conversion of Administrative Cases
preparation and submission by the JIB of its Report Some administrative cases against Justices of the
and Recommendation to the SC within 60 days from Court of Appeals and the Sandiganbayan; judges of
receipt of the said pleadings and/or records or regular and special courts; and court officials who
documents (Sec. 12). . are lawyers are based on grounds which are likewise
grounds for the disciplinary action of members of the
NOTE: However, if based on the pleadings of the Bar for violation of the Lawyer's Oath, the Code of
parties, there is prima facie _ case against the Professional Responsibility, and the Canons ot
respondent but substantial factual issues are Professional Ethics, or for such other fomis or
raised, the JIB shall recommend to the SC that that breaches of conduct that have been traditionally
the case be considered and docketed as a regular recognized as grounds for the discipline of |8Wye|'$_
administrative matter and that the JIB be directed to
conduct formal investigation of the substantial in any of the foregoing instances, the administrative
factual issues raised by the parties and to submit a case shall also be considered a disciplinary action
report and recommendation to the SC within 60 days against the respondent Justice, judge, or court
from the termination of such investigation (Sec. 12). official concerned as a member of the Bar. The
respondent may forthwith be required to comment
The JIB shall, thereafter, prepare and submit to the on the complaint and show cause why he should not
Supreme Court its "Report and Recommendation” of also be suspended. disbarred, or otherwise
its investigation, 60 days from the termination of its disciplinarily sanctioned as a member of the Bar.
investigation, or as modified by the SC (Sec. 12). Judgment in both respects may be incorporated in
one decision or resolution (Re: Automatic
Procedure for Resolution of Disciplinary Actions Conversion of Some Administrative Cases Against
as to the Contents of the Pleadings Justices of the Court of Appeals and the
Sandiganbayan," Judges of Regular and Special
A. Those which can be resolved on the basis Courts; and Court Officials Who are Lawyers as
of the pleadings Disciplinary Proceedings Against Them Both as
- Deemed submitted for the preparation Such Officials and as Members of the Philippine Bar.
and submission by the JIB of its Report and A.M. No. 02-9-02-SC, September 7, 2002).
Recommendation to the SC within 60 days
from receipt of said pleadings andl or records or
EEMQRY AID
sail"'“‘”""”c °“'""'°C'5II°mr\iiomCuiioi
3000"‘: .
j_ Membership in the bar is an essential lmpeachm
the supmgg tc:$_:=°°d|"9$ fltifllnst luatlces of
rgquirement for membership in the bench Th
moral fitness oi a judge also reflects his or hee
moral fitness as a lawyer. COl't$9qU8nt|y ajud r Me b
who violates the‘ Code of Judicial Cond gfi f m ers of '."° Supffime Court may be removed
rom omce °“ "npeachment lor, and conviction oi the
similarly violates his or her lawyer's oath (oflflc golloévuilg ctgimesr (Cu|vt.1'5.(;Q3)
or the Court Administrator v, T0,"),-S A C loco 2: 176250 Lljolation of the Constitution;
9920, Augusth30, 2016;; and ' " " °-
2. To avoi t e duplication or U - Qribery;
r9p|iCatlOn _ of actions by ,,22§:;$$:w - Qraft and Corruption;
administrative complaint filed against a memb n Qther high crimes; or
of the bench also as a disciplinary pl'OC6Gdl:r wwew §etrayal of public trust (CONST., Art. Xl, Sec. 2).
agamst mm as a |awYe' bi! mere operation of thg All other justices and judges from the CA to the
rule (Campos v. Campos, A.C. No 8644 | ll
January 22, 2014). ' ' °we_St '°"°| mall be removed from office as
p"°"'ded by law.
(AGPALO'supra but not b Y impeachment
at 664) ' ~
Na Prescriptive Period to Bring Disciplinary
Actions .
Delay in filing an administrative complaint should not g°T$_- What the impeachment provisions of the
he construed as basis to question its veracity or onsitution guarantee is simply the right to be
removed from office only through the process of
credibility. lit any case, administrative offenses
Impeachment and not by any other means; it does
in¢|"di"9 m°s° °°m"‘med by members of the bench not preclude the imposition of disciplinary sanctions
and the bar, are not subject to a fixed period within
which they must be Feported. No matter how much short of removal on the impeachable
official. Impeachment is the sole means of removal,
time has elapsed from the time of the Commission of but it is certainly not the sole means of disciplining
the act complained of and the time of the institution Members of the SC or, for that matter, public officials
of the complaint, erring members of the bench and removable by impeachment (Justice Brion's
bar cannot escape the disciplining arm of the Com separate concurring opinion, In the Matter of the
(Sison-Barias v. Rubia, A.M. No. RTJ-14-2388, June Charges of Plagiarism, etc. against Associate
10, 2014). ~ Justice Mariano C. Del Castillo, A.M. No. 10-7-17-
SC, February 8, 2011). .
REASON: If the rule were otherwise, members of
the bar would be emboldened to disregard the very NOTE: A public ofiioer who under the Constitution is
oath they took as lawyers, prescinding from the fact required to be a Member of the Philippine Bar as
that as lon9 as "0 private complainant would qualification for the office held by him and who may
immediately come forward, they stand a chance of be removed from office only by impeachment,
being completely exonerated from whatever cannot be charged with disbarment during the
administrative liability they ought to answer for. It is incumbency of such officer (In Re: First indorsement
the duty of this Court to protect the integrity of the from Honorable Raul M. Gonzalez dated 16 March
practice, of law as_well as the administration of 1988 Requesting Honorable Justice Marcelo B.
justice. This categorical pronouncement is aimed at Feman to Comment on an Anonymous Letter-
unscrupulous members of the bench and bar, to Complaint, A.M. No. 88-4-5433, April 15, 1988).
deter them from committing acts which violate the
code of Professional Responsibility, the Code of impeachment proceedings againstjustices of the SC
Judicial Conduct, or the Lawyer's Oath (Sison- are sui generis in nature and governed by the rules
Barias v. Rubia, A.M. No. RTJ-14-2388, June 10, created by the impeachment court. The Congress
2014). shall promulgate its rules on impeachment (CONST.,
Art. Xl, Sec. 3, par. (8)). Only SC justices are subject
to impeachment (CONST., Art. XI, Sec. 2).
actions assailing the public officer's title or right t0 may be required to show cause why he show]
the office he or she occupies. Such ruling therel0fe be held in contempt of court. lf the compiamam Ir»,
|awye,' he may further be required to Show wt 5
cannot serve as authority to hold that a quo warranto
why he or she should not be adminisvauvig
action can never be filed against an impeachabk’
officer (Republic v. Sereno, G.R. No. 237428, May sanctioned as a member of the Bar and as an El,
11. 2018). of the court (A.M. Ne 03 ' 10-01-so - Octobe,0""-‘=14
2003). '
Furthermore, the language of Section 2, Article Xl of
the Constitution does not foreclose a quo warranto Reinstatement of a Previously Dleelhllhed Jud“
action against impeachable officers. By its tenet. this A judge previously dismissed from the service It:
provision allows the institution of a quo waflehte rendering a manifestly ‘erroneous decision in
action against an impeachable officer. After all, ‘a quo criminal case may be felhsteted where there is Hz
warranto petition is predicated on grounds distinct clear indication that he was inspired by comm
from those of impeachment. The former questions motives or a reDfehe"$"/9 PU'_P95e 1° Set the piaim
the validity of a public officer's appointment while the guilty free. While there was fi'ilSjUOgl‘l:l8t'ii._ there wag
latter indicts him for the so-called impeachable no deliberate twisting of facts to justify his demon
offenses without questioning his title to the office he (ln Re: Petition for Dismissal of Judge Dizori_ AM
holds (Republic v. Sereno, G.R. No. 237428, May No. 3086, May 3, 1989)- '
11, 2018).
Effect of Retirement of a Judge When There is a
Preventive Suspension Pending Administrative Case Against Him
The Supreme Court likewise possesses the power The retirement of a judge or any judicial officer rmm
to preventively suspend an administratively charged the senlice does not preclude the finding er any
judge until a final decision is reached, particularly administrative liability to which he should still he
when a serious charge is involved and a strong answerable. The withdrawal or recantation or (he
likelihood of guilt exists. This power is inherent in the complaint by the administrativecharges does no,
Court's power of administrative supervision over all necessarily ‘result in the dismissal of the ease
courts and their personnel as a measureto allow (Molina v. Paz, A.M. No. RTJ-01-1638, December 8|
unhampered formal investigation. It is likewise a 2003).
preventive measure to shield the public from any
further damage that the continued exercise by the Effect of Failure to Comment or Silence
judge of the functions of his office may cause (Oflice Failure to file a comment despite all the Opportunities
of the Court Administrator v. Judge Ruiz, A.M. No. afforded a respondent judge constituted a waiver oi
RTJ-13-2361, February 2, 2016). ' his right to defend himself. In the natural order or
things, a man would resist an unfounded claim 0,
Principle of Res ipsa Loquitur imputation against him. it is generally contrary (0
A judge may be dismissed even without formal human nature to remain silent and say nothing in the
investigation, if based on the records, his liability is face of false accusations. As such, respondent‘;
clear and unquestionable (PINEDA, supra at 387). silence may thus be construed as an implied
admission and acknowledgment of the veracity of
The res ipsa loquitur doctrine does not except or the allegations against him (Office of the Cour-r
dispense with the necessity of proving the facts on Administrator v. Amor. A.M. No. RTJ-08-2140
which the inference of evil intent is based. ll merely October 7, 2014).
expresses the clearly sound and reasonable
conclusion that when such facts are admitted or are Effect of Resignation of a Judge to Pending
already shown by the record, and no credible Administrative Case Against him
explanation that would negative the strong inference A judge's automatic resignation due to his filing of a
of evil intent is forthcoming, no further hearing to certificate of candidacy for the Barangay Elections
establish them to support a judgment as to the did not divest the Court of its jurisdiction in
culpability of a respondent is necessary (In re: Dizon. determining his administrative liability (Office of the
A.C. No. 3086 (Resolution), May 31. 1989). Court Administrator v. Amor. A.M. No. RTJ-08-2140,
October 7, 2014).
Baseless and Unfounded Complaints
if upon an informal preliminary inquiry by the Office The Court retains its jurisdiction either to pronounce
of the Court Administrator, an administrative the respondent public official innocent of the charges
complaint against any Justice of the Court of or declare him guilty thereof (Lilia v. Fanunal, A.M.
Appeals or Sandiganbayan or any Judge of the No. RTJ-99-1503. December 13, 2001).
lower courts filed in connection with a case in court
is shown to be clearly unfounded and baseless and
intended to harass the respondent, the complainant
MEM/WY AID
S‘, 5,,“ uiwuiury C0590 of Llw - nocr Bu QpurIll0n| cam,
Judicial Clenieacyde .
The SC may i e isqualilicationfroma " (Corpuz v. Rivera, A.M. No. P-16-3541, August
to any public office attached to the dissiirsginoing 30, 2016).
judge through judicial clemency. but Only if there is a To hold a judge administratively liable for
5|-jgwing that it is merited. Proof of reformation and a
showing of potential and promise are indispensable serious misconduct, ignorance of the law or
(Re; Diaz, A.M. No. 07-7-17-Sc, gaprembe, 19 incompetence of official acts in the exercise of
judicial lunctions and duties, it must be shown
2007). ' that his acts were committed with fraud,
dishonesty, corruption, malice or ill will, bad
The following _a'e the guidelines in resolving faith, or deliberate intent to do an injustice
requests for judicial clemency: (R1-PAPO)
1, There must be proof of Remo,-Se and (Office of the Court Administrator v. Sallse, A.M.
No. RTJ-18-2514, January 30, 2018).
Reformation. These shall include_but should not
be limited to certifications or testimonials of the To differentiate gross from simple misconduct,
officer(s) or chapter(s) of the Integrated Bar of the elements of corruption, clear intent to violate
the Phi|iPPine$- l"d9es or judges associations the law, or flagrant disreqard of established nile,
and prominent members of the community with must necessarily be manifest in the former
Pi°Ve" integrity and probity. A subsequent (Laspifias v. Banzon, A.M. No. RTJ-17-2488,
finding of guilt in an administrative case for the February 21, 2017).
same or similar misconduct will give rise to a
strong presumption of non-reformation; Illustrations:
2. Sufficient time must have lapsed from the 1. Respondent Judge's act of directing her
imposition of the penalty to ensure a Period of subordinate to alter the TSN by
reformation; . T 0 incorporating therein statements pertaining
3, The Age of the person asking for clemency must to substantial matters that were not actually
show that he still has productive years ahead of made during the hearing constitutes gross
him that can be put to good use by giving him‘ a misconduct which warrants administrative
chance to redeem himself; sanction (Balanay v. Judge Adalim-White,
4, There must be a showing of Promise (such as A.M. No. RTJ-16-2443, January 11, 2016);
intellectual aptitude, teaming or legal acumen or 2. Plagiarism presupposes intent and a
. contribution to legal scholarship and the deliberate. conscious effort to steal
. development of the legal system or another's work and pass it off as one's own.
administrative and other relevant skills), as well On occasions, judges and justices have
as potential for public service; and . mistakenly cited the wrong sources, failed to
5, There must be Qther relevant factors and use quotation marks, inadvertently omitted
circumstances that may justify clemency (Re: necessary information from footnotes or
Diaz, A.M. No. 07-7-17-SC, September 19, endnotes. But these do not, in every case,
2007). , amount to misconduct. Only errors that are
tainted with fraud, corruption, or malice are
NOTE: Judicial clemency is not a privilege or a right subject of disciplinary action (ln matter of the
that can be availed of at anytime, as the Court will charges of plagiarism, etc. against
grant it only if there is a showing that it is meritorious. Associate Justice Mariano C. Del
Clemency, as an act of mercy removing any Castillo, A.M. No. 10-7-17-SC. February 8,
disqualification, should be balanced with the 2011); and
preservation of public confidence in the courts 3. While the academic publishing model is
(Concemed Lawyers of Bu/acan v. Villalon-Pomillos, based on the originality of the writer's thesis,
A.M. No. RTJ-09-2183, February 14, 2017). the judicial system is based on the doctrine
of stare decisis, which encourages courts to
Grounds for Discipline of Judges cite historical legal data, precedents, and
1. Serious Misconduct related studies in their decisions. The judge
- it implies a wrongful, improper, or unlawful is not expected to produce original
conduct, and not a mere error of judgment. scholarship in every respect. A judge writing
motivated by a premeditated, obstinate, or to resolve a dispute, whether trial or
appellate, is exempted from a charge of
intentional purpose, although it does not plagiarism even if ideas, words or phrases
necessarily imply corruption or criminal intent, from a law review article, or novel thoughts
and must have a direct relation to and be published in a legal periodical or language
connected with the performance of the public from.a party's brief are used without giving
officer's official duties amounting either to attribution. As a result, judges adjudicating
maladministration or willful, intentional neglect. cases are NOT subject to a claim of legal
or failure to discharge the duties of the office
JUDICIAL ETL l
Legal and Judiciailgskg
2. inefficiency
- It implies negligence, incompetence,
ignorance, and carelessness. A judge would.be LIABILITIES OF A
inexcusably negligent if he failed to observe in JUDGE
the performance of his duties that diligence",
pru dence, and circumspection which the. law
requires in the rendition of any public service
(Suroza v. Judge Honrado, A.M. No. 2026 -CFI. GENERAL RULE: A judge is not "able
December 19, 1981). e ‘ administratively, civilly, or criminally, when he acts
within his legal powers and jurisdiction, even though
Illustrations: ' such acts are erroneous (AGPALO, supra at a33j_
1 Delay in the disposition of cases is
tantamount to gross inefficiency on the part REASON: To free the judge from apprehension or
of a judge. Judges must decide cases personal consequences to himself and to preserve
promptly and expeditiously’ under the time- the integrity and independence of the judiciary
honored precept that justice delayed is (Equatorial Realty Development, Inc. v. Anunciacion
justice denied. No less that the Constitution Jr., A.M. No. MTJ-91-562, October 16, 1997).
requires that cases at the trial court level be in the absence of fraud, dishonesty or corruption, the
resolved within three (3) months from the acts of a judge in his judicial capacity are not subject
date they are submitted for decision, that is, to disciplinary action, even though such acts are
upon the filing of the last pleading, brief, or erroneous, provided he acts in good faith arid
memorandum required by the Rules of without malice. in such a case, the proper remedy or
Court or by the court itself (Oiiice of the the aggrieved party is not an administrative charge
Court Administrator v. Arreza, A.M. No. against the judge but an appeal or petition for review
MTJ-18-1911, April 16, 2018); of his decision (Equatorial Realty Development, Inc,
2. A judge failed to conduct a pre-trial v. Anunciacion Jr., A.M. No. MTJ-91-562, October
conference contrary to the rules of 16, 1997).
procedure which he should have known
considering his long years of service in the An administrative complaint is not the appropriate
bench. Such ignorance of a basic rule in remedy for every act of a Judge deemed aberrant or
court procedure, sadly amounts to gross irregular where a judicial remedy exists and is
' ignorance and warrants a corresponding available. The acts of a judge in his judicial capacity
penalty. As to the allegations of poor are not subject to disciplinary action, provided he
judgment and gross ignorance of basic legal acts in good faith. Disciplinary proceedings and
principles in granting the motions for criminal actions do not complement, supplement, or
execution pending appeal for flimsy and substitute judicial remedies, whether ordinary or
unsupported reasons, the particular reasons extraordinary (Biado v. Brawner-Cua/irig, A.M. No.
relied upon by respondent judge for issuing MTJ-17-1891, February 15, 2017).
the writ of execution pending appeal are so
unreliably weak and feeble that it highlights
the lack of knowledge of respondent judge
with regard to the proper appreciation of
4
"i?;'r~i§t?'~i=iY AID
S.‘ nhml uwqpiy Cubp ul Ln "QC! 3; q,.,.|-ml C-‘U
EPTIONSI
fxcwhem an error ls so gross or patent; 0; | authorized (ADMINISTRATIVE CODE, Sec.
the acts
‘ were committed with fraud. dishonvestay‘ 38(3)); and
comiption, malice or ill-‘will, bad faith, oi Liability for unexplained wealth (R.A. No.
deliberate intent to do an injustice (Lo renza _ 1379, R.A. No. 3019, and E.O. Nos. 1, 2, 14
At».t!i8, A.M. No. RTJ-09-2200, April 2 . 2033." and 14-A (1986).
4 when the law orprocedure is so elementary
sui: h as the provisionsof the Rules of Court not Restrictions
to know - or to_ act as if one
_ doe S not know the ::‘fig°°5- iudges. prosecuting attorneys,
me, constitutes gross ignorance of the |aw med s oflfiourt of superior and inferior courts,
en without the complainant having to prove o er officers _ and employees
3|lC8 or bed faith (Pancho v. A I g connected with the administration of justice
A M. No. RTJ-09-2196, April 7, 20?5j_”°' 8 8"‘ cannot aCqUlf8 by purchase, even at a
public or judicial action, either in person or
Three-Fold Liability Rule lh'°"9h the mediation of another the
wrongful act or emission of a public offi cer ma PTQDBFIY and rights in litigation or levied
ns eto civil I criminal
y _ - an d edministrati |' 5|- y upon an execution before the court within
Missing Exhibits and Court Propertie\s§in' whose jurisdiction or territory they exercise
ncn 4, Panabo City, Davao Del Norte, A_M_ No: their respective functions (CIVIL CODE, Art.
0.341-RTC. February 27, 2013). , 1491 (5)).
4
iii. Gross Misconduct in viol t'
Code ofJudicial Conduct; a ‘on of the Commission of More Than One Less
iv. Knowingly rendering . Serious Offense
judgment or order; an gnlust The I commission of two or more
administrative offenses alleged in the same
v' iiigiifliign of a °""‘° ‘""°'vi~g uorai administrative complaint may aggravate the
vi. Willful failure to pay a just Debt offense and render the same serious, which
vii. Qorrowing money or prT)per'ty from will warrant the dismissal of the judge from
the service (AGPALO, supra at 687).
NOTE: A judge who had been meted a Availment of Judicial Remedies are Required
penalty short of dismissal is usually warned Prior to Filing of Administrative Cases
that violation of the same or similar Disciplinary proceedings and criminal actions
administrative offense in the future will be against judges, which arise from the performance of
dealt with more severely, which may be their judicial functions, are not complementary or
removal from office. In other words, a less suppletory of, nor substitute for, the judicial
remedies, whether ordinary (i.e. motion for
serious offense, if repeated, becomes a
reconsideration or appeal) or extraordinary (special
serious administrative offense (ld.).
civil actions). Resort to and exhaustion of these
judicial remedies, as wellas the entry of judgment in
the corresponding action or proceeding, are pre-
Y
JUDICIAL ETI-||¢
Legal and Judicial Eu“:
-r
$2§U §
S3. WIII
- an act whereby a person is permitted. if/II"
the formalities prescribed bylaw, to control ll'i a
certain degree the disposition of his property
“gal Dunne“; retjfirs (O ,3 degdi agreement‘ ‘me’ after his death (CIVIL CODE, Art. 783).
WW‘-a‘°,:::p"'M$9?,oej,,¥{"’I";'L";$!m@nt usnee to 4. Contract of Sale
Iggecmd in Javier,‘ Forrns of Leglgjnzzzfimeesté - By the contract of sale, one of the
An,,O¢ate’:s&2013). p- 4) [hereinafter JAVIER, Legal Ilfgttrxhsghignhfsahgl?oaII3:lice'?Ze|deI’eIIrzIIIgI:
me - _
0°C“ thing, and the other to pay therefor, a price
LEGAL FORMS certain in money or its equivalent (CIVIL CODE,
_ _ _ Art. 1458).
The temi I-99%| Forms covers the study of;
1. Bl-l$|"°9;5 F°"“$ _ 5. Contract of Lease
tormtgeoI,ncI:e:§edihrstrItOnTe?tI:ncingé
creating’ transferring‘
I. Oor of the
modifying oroffimmfiénrtiegé t I tAera I,contract
ta ' onerousofandlease is a. "consensual,
commutative contract by
g which the ow e t ‘I t th f
I0 tea‘ as ‘"°" as P°'$°"ai Properties. and other his property is 3rn(?I?t‘glP$I|‘I'OyUg1rg2fIs8I(8g i§Z§y
forms felaied t0 business contracts or rent therefor (Racelis v. Spouses Javier
tra"$a°l'°"$- G.R.No.189609, January 29, 2018). _'
2. Judicial Forms _ 5_ Qultclaims
éleatgifiggmzgéiufiigfigaIflpgzigigfrfirengflgitgjilgf ; A waitiebr txvquitcilrzlaim ista valid anjd binding
motions, and
' the like (SUAREZI
‘ Legal
v Forms, g teem en e een e pa res, provtI ed that it'
_ ~_» = constitutes a credible and reasonable settlement
$019))’ P- 32- Iherelflafief SUAREZ. _Legal i""and the one accomplishing it has done so
orms
voluntarily and with a full understanding of its
. import (Alabang Country Club Inc. v. National
EXAMPLES CF BUSINESS FORMS ‘ Labor Relations Commission, G.R. No. 157611,
Contracts, Deeds, and Instruments: Augilst 9.2005)-
1. f\g|tI;nt:;:'I:ssion by two or more persons ofa NOTE: Quwaims in lab“ cases aie
common intention to affect theirlegal relations ggfigcgnriié Igogégzvzpgnbii g;?|:Zr¥o:°t::t;:fi
(JAVIER p' 5)' measure of the workers’ legal rights especially if
Consists in their_being of the same mind and_ -I:§,f°'I?,‘Q'i"‘I,,:,i§eF:'es.?2§ (ath:IIterl(:<i1s (Iearproof
intention conceming the matter agreed upon ad‘ unsuspecting or gullible person;gor (b) II‘lc;nI8lT?i2
3'5)‘ ' j of the settlement are unconscionable, and on
2- -newa writing signed by the grantor, whereby title L“.‘i.". ‘a§§‘?.i;'“‘.'i?i53?}.E‘.f§§.‘i"‘ir'i‘Z.°2'.iE. ’3°rf.i2iS9"
_ Co..B',G.R.N.1579-,
to realty IS transferred from one to another (ld.). 9’ gag) non Os 6 6 97 February
DOHN ALFRED E AQUILIZAN, Over All Chairperson | NICHOLE \ANE B. SANTOS, Chairperson for Academics j RONALYN A.
GACULA, Ad Hoe Director for Bar Matters I MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance [ _|UAN INIGO S. MIGUEL,
Vice Chairperson for Operations I ALISSA MARIE D.C. DELOS SANTOS, Vice Chairperson for Audit j CORINA R. TAMPUS Vice
Chairperson for Secretarial | ARVY KEITH N. CHUNG, Vice Chairperson for Logistics I ANTONIO JUN-JUN C. MANALIGOD Vice
Chairperson for Membership | JORDAN N. CHAVEZ, Vice Chairperson for Electronic Data Processing
SUBJEQT COMMITTEE
REYMARK Z. DEVOMA and CAMILLE D. RECALDE, Subyccl Chutrj MAUREEN NICOLE N. LOCQUIAO and HANNAH KHAMIL
H. MIRANDA; Assistant Subject Chair | GARILISSA ERIN S. CAGARA, Sltbj€Cl Electronic Data Processing | SU'B|ECT HEADS: KIN
ANDREA D. DEMAISIP and ELLAIN G. PEPITO, Legal Ethics SITIIE ASHIA D. GANI and FROILAN NIKKO R. CANDELARIA,
judicial Ethicsi MIGUEL R. CABALQUINTO and C LARICE ]. ANDAYA, Legal Forms
3’?
I — SUBJECT KMBERS
JULIE M. DE GARCIA, MARIA VERONICA C. PONCEJOSEPH ASHLEY S. DEE, AL-NOOR MAJEED B. DISALO and MAXIN A.
SANTILLAN
'-..rr
‘ 'A fr.». ‘x.~
.-. _‘I
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-~.. I’<.-. "-.\1_.A,. _1.‘-'.51_‘Iif‘)
’.' > ' -vi’-“:‘
Justice mm rnstuzsn v. MENDOZA-ARCEGA, Atty. JOSEPH nnntunno M. nscrmvu, ,_.,W.
v,. and
W '‘rt
\_ 1:5:
"Cs-_- ?.5
-‘< .-I1;.
. 'G’5'_'e
‘_ .2.
4_ Summons I
. a writ or process commencing the plaintiffs Capacities;
action and requiring the defendant to appear Civil Status;
and answer (Black's Law Dictionary, p_ 1574. Residence;
See RULES OF COURT, Rule 14, Sec. 1). ' b. Logical order in which the parties are to be
named in the document must be observed.
OTHER FORMS:
EXAMPLE:
1 Certificate i. In a Deed of Conveyance, the name of
a_ A document in which a fact is formally
attested, such as a certificate of non-forum seller, mortgagor, or grantor must first
be stated
shopping; ii. ln an Employment Contract, the name
b_ An instrument evidencing ownership, such
of employer usually comes first.
as a stock certificate;
c, A document certifying the bearer’s status or 3. State the principal or Qperatlonal clauses in
authorization to act in a certain way, such as separate or numbered paragraphs, for ready
a certificate of a corporate secretary; reference. -
d, A notice by one court to another of the action 4. Be precise and Qoncise in writing the
it has taken, as when the Court of Appeals document.
certifies a case to the Supreme Court for its 5. Define Iechnical terms (i.e., those terms with
final determination, where only pure special meanings). Y
questions of law are involved; and 6. Avoid flronouns. To avoid ambiguity, refer to
e. A writing by which testimony is given that a the parties by their given capacitiesin the
fact has or has not taken place (Black's Law document (e.g. “the Lessor," “the Third-Party
Dictionary, p. 361). Defendant,” “the Petitioner-in-Intervention"), and
to other related objects by their given
2, Notice - designation (“the Unit", “the License").
_ - legal notification required bylaw or 7. Observe fleatness. The document must be free
agreement or imparted by operation of law as a from erasures, interlineations, or suspicions of
result of some fact (Black's Law Dictionary, p. alteration.) . '
1164). 8. This Qlause may be inserted at the end of an
agreement:
3, Demand and Authorization Letters "This contractshall extend and shall be binding
upon the parties thereto, their executors,
administrators, and assigns".
9. Indicate the place and date of Execution.
a. In agreements, it may be written as:
PREPARING THE “Signed in the City of Manila, Philippines,
FORMS IN PRACTICE this 5th day of June, 2016."
b. For court-bound papers, the city or province
where the counsel has his or its office, or the
CARDINAL RULES IN DRAFTING court to which the paper is to be filed.
Ex. “Makati City for Quezon City. June 5,
LEGAL DOCUMENTS: (PZOCT-PNCE) 2016." (GUEVARA, Legal Forms (2010), pp.
1. Begin the document with its Eroper 1-2) [hereinafter GUEVARA, Legal Forms]).
designation.
a. In contracts or agreements, "This LEGAL BASES FOR DRAFTING LEGAL
Agreement" or “Articles of Agreement" is
sufficient, but it is better to be specific (e.g. FORMS, GENERALLY
“This Mortgage" or ‘This Contract of Sale"). 1. Provisions of the applicable substantive law; and
b. In pleadings and motions, the title should be 2. Provisions of special rules and regulations, if
specific to the specific relief sought (e.g. any.
“Motion for Leave of Court to File a
Demurrer to Evidence"), but reference to the GUIDE TO CORRECT PUNCTUATION
document itself within the text, if any, can be 1. The asterisk (*)
general (e.g. “This Motion"). It is a reference mark to indicate that something
has been omitted. lt is used to call attention to
2. State the flersonal circumstances of the a word or sentence upon which you wish to
parties: __ colnment further in a footnote or to which you
a. Full name (not abbreviated or initials); wish to make a cross reference (ULEP, Basic
>1-‘
7
LEGAL FOR
Legal and Judicial
_ The el ll P sIs( ) . .
Legal Writing ( 2002), p. 135) [hereinafter 5 a. The IBW" for omission of a word or
ULEPJ). paragraph "°"‘ 3 q"°‘a."°"- '" Phlliiipliie
legal writing, they sometimes use three (X)
The period (.) which means the same as period dots
It serves as a mark to end a sentence or b. Used to indicate an intentional omission
abbreviation. It is placed inside a parenthesis from a sentence. ’ _
when it encloses an independent statement It c, Used to mark the omission of |°nger
is placed outside the parenthesis when the passages. '
enclosed matter forms part 0f the _preceding rks d. It can also be used to interpret the rem
statement. It is placed inside quotation rrl8_ meani'n g of a law (Bayot v. Zurbito, G _ R
even when it did not pun ctuate the onglllal No. 13124, February 28, 1919; ld. at 179i
quoted material (Id. at 137- 142)- 181).
c. Supreme C rt
(SCRA) on R°p°"$ Annotated and page number, the successive
FORMAT: Case Title; D designation should be read only: lbid-
Promulgation Date; Volume oi°i;:es¢i§Xl“,§-°"
page ol the case; page where the quoted if.“ NOTE: it is always italicized and not to be
found (if any). ; ex '5 used to cite primary sources.
e.g..‘ Dy En Stu Co v. Local Civil R ' d. ld. (abbreviation for idem which means
M )‘ I a . L-207 94- July 29. 1968, 24 SCRA
3181' °9's"~’-"309,°l “from the same place")
NOTES:
1. it is always italicized.
2. if the title of the case or authority is given in
the text, the source is indicated in the
footnote.
3. When the same authority is repeated in the
text, use supra.
We believe there is sufficient ground to conclude that the sal e of all assetsH and
the
business of XYZ to ABC is not in good faith. and ABC m“$‘_a'55“me a aid
> \ Brief Answer :
J
liabilities of XYZ including the obligation to pay your $6PaTat'°" P3Y- ""9
wages, and other unpaid benefits. x
benefits. -
Finally, we have examined the available records of the,Secuiities and Exchange
Commission and found that ABC was incorporated by the same owners of XYZ
in February 25, _2012, and the principal officers of the two are the same.
\
The Concept of De Facto Merger Discussion .
Discussion (facts and law) >- Analyze applicable law and
The Liability of a Transferee of an On-going Concem how it applies to the relevant
Discussion (facts and law) A .4
\
C-\ n0»
Based on the foregoing, it is our opinion that ABC Corporation should be held
liable to pay your separation pay, unpaid wages and other benefits as successor-
> Conclusion
in-interest of XYZ Company, Inc. .4
It is our further advice that you file in the labor case where you obtained a Q
favorable judgment a motion for the execution of the judgment to be enforced by
levy by the sheriff on such assets and properties transferred by XYZ to ABC as >-
Recommendation
may be sufficient to pay the judgment in your favor. These properties may be Give solution to the problem
sold on auction and the proceeds of any sale paid to satisfy your claims.
-d
We’ trust that you find the foregoing helpful. Should you require our further
assistance, please do not hesitate to let us know.
Very truIy' yours, '
ATTY. ABE O. GADO
For the Firm
.':1. .'i.':t'§.:l.i.),i. .¢’-.\.!,.'?. .
1
We refer
which mended ‘ortofiveyour
(5) reygggsm
tf - - . . and enforceability of City Resolution No. 123, s. 2016.
the Validity
" Your original contract with the City of Manila.
|n your query. you asked whether the extended teas i - - . . . .
ma‘ me ongmal com,-act of lease Wm expire on Decigigfic; lfggggig tIi1‘l§t);fi32f021071 7 is valid and enforceable, considenng
XXXX xxxx .
XXXX
"|N WITNESS WHEREOF the PARTIES have hereunto set their hands/si '
_ of - Manila, Philippines."
December 2000. here at the City gnature this 17th day
' of
H is °“' °°"5ide"°d °Pinion that the subject City Resolution is valid andenforceable.
_ Under Section 22 of the Local Government Code, every local govemment unit, as a corporation, shall have, inter
aha, the power to enter into contracts. lt may sue and be sued, and contract and be contracted with. It can even be held
liable to third persons ex contractu.
The °Qm'a¢t$ that "1""i_¢l_l>iI|oorporations may enter into must conform to the requisites of a valid contract laid
down under Article 1318 of the Civil Code, to wit;
(a) Consent of the contracting parties;
(b) Object certain which is the subject matt fth L
(c) er o e contract;
Cause of the obligation which is established.
A perusal of your Lease Contractwith the City of Manila reveals that it essentially complies with the
abovementioned requisites of a valid contract. There was th '
e consent of your company and the City of Manila; the subject
matter of the contract is the parcel of land onvwhich the day-care center is built; and the cause or consideration is expressly
stated in the said contract.
Well settled is the rule that the courts, including the Supreme Court, cannot condone much less encourage, the
repudiation of just obligations contracted by municipal corporations.
' However, in view of the discrepancy between the date of the exte '
nsion granted and the expiration of the original
oontract of lease, we opine that there is a need to ask for the assistance of the court in the interpretation of the subject
documents to ascertain the true intention of the parties in executing the same This w'll '
. l necessitate the filing of an action
for reformation of the instrument as some error or mistake may have been committed in its preparation.
We trust that this satisfies your present requirements. Should you have any question or clarification, please do not
hesitate to ask for our assistance.
IBP No., Receipt Number, and Date of Issue Roll No. in the Roll of Attorneys
All pleadings, motions and papers filed in court, The purpose of indicating such information is (0
whether personally or by mail, shall bear counsel's assure that the lawyer siqninq the pleadinqis a
current IBP official receipt number and date of issue. lawyer. This is to prevent those instances when nor;
lawyers have appeared for litigants, only to be
REASON: This is intended to monitor the laMer's discovered later that they were not, amounting to 3
compliance with the provision of Section 10, Rule violation of the litigants right to due process and
139-A regarding default in payment of IBO dues for 6 usually entitles the litigant to another opportunity to
months or a year as a ground for disciplinary action be heard (ld.).
of the violating member (RULES OF COURT, Rule
139-A, Sec. 10; AGPALO, supra at 53). Mandatory Continuing Legal Education (MCLE)
Compliance No.
Professional Tax Receipt (PTR) lt is required for practicing members of the bar to
The PTR showing current payment and place of indicate in all pleadings filed before the courts or
payment is a necessary requirement in the practice quasi-judicial bodies, the number and date of issue oi
of law (ld.). their MCLE Certificate of Compliance or Certificate of
Exemption, as may be applicable, for the immediately
It shall be payable annually, on or before the thirty- preceding compliance period.
first (31st) day of January. Any person first
beginning to practice a profession after the month of NOTE: The Supreme Court En banc issued a
January must, however, pay the full tax before resolution dated January 14, 2014 amending the
engaging therein. A line of profession does not June 3, 2008 resolution repealing the rule that non-
become exempt even if conducted with some other disclosure of the MCLE compliance/exemption
profession for which the tax has been paid. number in pleadings would cause the dismissal ofthe
case and the expunction of the pleading from the
NOTE: Professionals exclusively employed in the records (Bar Matter No. 1992, June 3, 2008). In
govemment shall be exempt from the payment of this effect, the amendment provides that it would only
tax (LOCAL GOVERNMENT CODE, Sec. 139(d)). subject the counsel to appropriate penalty and
disciplinary action (OCA Circular 79-2014, January
14, 2014).
i .§r. t»;<2J3..Y.,ri. la.
I
NOTARIAL ACTS
Foam NO. 2: SIGNATURE oi= NOTARY PU BLIC
Eqntents: (NDAT-RIP-M)
1 flame;
2.I Qesignation and Jurisdiction; 5- !BP Number and Chapter;
_ Appointment Number 7- Efofessional Tax Receipt Number and
_ Ierm Expiration Date City/Province; and
Ulbbi _ Boll Number and Date; 3- MCLE Number (AGPALO, supra at 34).
IN WITNESS WHEREOF. i set unto my hand and seal on the date and place above written.
Doc. No. 34
Page No. 22
Book No. lli
Series of 20xx.
NOTES:
1. $.S. Abbreviation for “Scilicet." it means “more particularly.” it is the ‘statement of the venue.‘
NOTE: Even without the letters S.S., the document is still valid (SUAREZ, supra at 41; AGPALO, supra at
743)
2. For Acknowledgment of Instruments Conveying Two or More Parcels of Lend, include the following after
the first paragraph: . A
This instrument relates to the sale (or mortgage) of __ parcels of land and consists of pages
including the page on which this acknowledgment is written, each and every page of which, mhe left
margin, having been signed by and his witnesses, sealed with my Notarial Seal and said
party acknowledged to me that the same-is his free act and deed (SUAREZ, supra at 39).
3. For Acknowledgment of instruments Consisting of Two or More Pages, include the following after the
first paragraph: .
This instrument consisting of _ pages, including the page on which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by and his
witnesses (if any), sealed with my Notarial Seal. -
ACKNOWLEDGMENT
BEFORE ME, this 13" day of June, 2021 in the City of Manila. personally appeared Pedro Garcia, representing
to be the President of ABC Corporation known to me to be the same person who executed the foregoing instrument for
and in behalf of the said corporation, and he acknowledged to me that the same is the corporate act and deed of ABC
Corporation and that he is duly authorized to sign the same. The same Pedro Garcia ex_hibited to me his [Valid
Identification Document] issued by [Official Agency] on [Date of issuance]. '
IN WITNESS HEREOF, l have hereunto set my hand and affixed my notarial sealin the abovementioned date
and place.
7
ii291$352§cJ s
/
£13098) Am. NOTARIANA ammo:
T)! Public for Manila
Appointment No. 123
Until December 31, 20xx
gig! so. 12345; 4/20/xx
PTR '3. 13425/Jan. 1, 20xx/City of Manila
MCLE: 1314/Jan 1, 20xx/City of Manila
MCLE 0. l- 001234; 9/09/20xx
No. ll - 005678; 9/09/20xx
Doc. No. B25
Pagg NO.
Bogk NO. lvi
series of 20xx.
BEFORE ME» 3 "°laTY Public for and in the City of Manila, personally appeared:
comp <
NAME ETENT EWDENCE OF
IDENTITY I DATE AND PLACE OF ISSUE
Testator PESSPO" I January 8, 2021; DFA Pampanga
Witnesses:
1/ea Alonso Passport i February e, 2021; DFA Pampanga
Shaina M39l'"aY3° ' SSS ID I December 1. 2020; SSS East Avenue
The Testator and his instrumental witnesses, known to me to be the same persons who executed and attested,
respectively, the foregoing Last Will and Testament of said Testator, consisting of eight (8) pages including this page where
this acknowledgment is written and they all acknowledged to me that:
1. The said Testator signed all the pages of the will in each and every page at the left-hand margin thereof in the
presence of all his instrumental witnesses, and that the latter acknowledged to me that they signed the will and
every page thereof on the left-hand margin in the presence of said Testator and of one another;
2. The pages of the will are successively numbered on the lower right corner of each page, and;
3. The will and the attestation clause herein are written in Filipino, a language known to the Testator and to all his
instrume ntal witnesses who all acknowledged to me that the said will and attestation clause are their free and
voluntary act and deed.
WITNESS MY HAND AND SEAL, at the place and on the date above written.
_;oi_D PURPOSE.
{wee authorize the deed _ to ti 8 QM,“ In G M Gives the document legal character.
wmtqut further proof of its executloi - V mm
2 To entitle it to be recorded. L and
'»-~-"2:ZTi2°l‘§3O;
I
nsmlmo
__
(
V - J —
' ea 30)
.
0' nt or No such presumption
RULES:
1_ when notary
mow ‘ha P" bfi_ camen‘
‘mam does H91 Personally NOTE: A Community Tax Certificate (cedula)
_ . musi Present an has been deleted as among the accepted proof
idgntlfiC8llOl'l card or certificate bearing his of identity be cause of its inherent unreliability
photograph
y and signature ' issued bY an official (Advance Peper Corp. v. Arme Trades Corp.,
3g6l1C - G.R. No. 176897. December 11, 2013).
EXAMPLES OF COMPETENT EVIDENCE OF 2. When notary public knows the efflent - such
IDENTITY: _ ' _ fact should be s ta ted and explained in the )urat.
passport, dnvers license, PRC ID, NB| 3. When affiant has no Identification card with
C|eal’8l‘tC9, Police Clearance, Postal ID, Voters picture or ls not known to the notary public
|[)_ Barangay Certification, GSIS E-(;ard_ 333 — the notary must identify the affiant through
Cam, Philhealth Card, Senior Citizen Card, one or more third party witne
sses who each
OwwA ID, OFW ID, Seaman's Book, Alien personally knows the affiant and who shows to
Certificate of Registration. Immigrant Certificate the notary public the documentary
of Registration, Government Office ID, identification.
4. If the document is subscribed before a
Certification from the NCWD (Disabled public
Pefsgns), DSWD Certification (CARILLO, , officer duly authorized to take oaths
— there is no need for the affiant to produce a
supra at 176). CTC and for the entry into a notarial register
(A.M. 02-8¢13-[S0, Rule II, Sec. 6).
FORM no. 5: AFFIRMATION OR OATH '
Hrefers to an act in which an individual on a single occasion:
1 AP pears in person before the notary public;
2 |5 personally known to the not ary public or identified by the notary public through competent evidence of
identity as defined by these Rules; and
3 Avews under penalty of law to the whole truth of the contents of the instrument or document (A.M. No. 02-
' 8-1a-sc, Sec. 2). ~
WITNESS MY HAND AND SEA L . at the place and on the date first above written.
_ (Sgd). ATTY. NOTARIANA GRANDE
Notary Public for Manila
Appointment No. 123
Until December 31, 20XX
Roll No. 12345; 4/20/XX
IBP No. 13425/Jan. 1. 20><><Ciiy Oi Ma"“a
LEGAL F
Legal and Judlcgjfimfi
°\
A —,— t
. W» < a "i“ i irituo ’2li;ii4lIJaii 1.1201:/City oi M-iniia
' MCLE No i-001234. 9/09/20“
MCLE No ll ~ 005678, 9/09/20“ ‘
[_\\‘ N0 ~l'ii
L
p_\9e Nu lg‘.
BQQN N0 ‘i.
$eiie= of .’Q\\
‘At;/mitt), supra at 7-ff)
1, The MetroD°lll9_"_ Trial C°i-|F_l$. the .
AFFIDAVITS OR SWORN STATEMENTS Trial Courts in Cities, the MUnlClpa| Trtxlglllilttat
Affidavit the Municipal Circuit Trial Courts_ and the cunt‘
A formal sworn statement of fact, signed by an a Circuit Courts but shall not apply to shat.
affiant and witnessed by a notary public. claims cases under A.M. 08-8-7-SQ; ‘mat
2, The Regional Trial Courts and the S
NOTE: lt may be written in the first or third person. District Courts; haria
depending on who drafted the document. 3, The Sandiganbayan, the Court of Tax AD
the Court of Appeals, and the Shari'a Apgtaltl
Uses of an Affidavit: Courts; "ate
1. To allow evidence to be gathered from 4. The investigating officers and bodies author‘
witnesses or participants who may not be by the Supreme Court to receive evidelled
available to testify if their true identities are ' including the integrated Bar of the Phiii nF°'
revealed in court; and _ » (IBP); and °l’"ie
2. To obtain a declaration on a legal document that 5. The special'courts and quasi-judicial bod-
the information provided by the affiant is truthful whose rules of procedure are subjecties
to the best of affiantfs knowledge. ‘ disapproval of the Supreme Court, insofar to
their existing rules of procedure contravene as
NOTE: if the information declared in the affidavit is provisions of this Rule (A.M. No. 12.3_8_gle
found to be deliberately fals'e, the affiant may be Sec.i_1). C-
charged with perjury. _ :
ln civil cases, the judicial affidavits should alread
PartsIContents of a Typical Affidavit: (VenTi- be attached to the pleading stating a party-S ctaiml
POSSi-Ju) ' " ' _ or defenses (RULES OF couar, Rule a. Sec. 6 as
1. Que - designation of the: place where the amended). ' S
affidavit was taken to show “whether the notary
public has acted within hisjurisdiction; , The foregoing rule applicable to ordinary civil actions
fltle; _ -_ may also be said to apply to special civil actions and
Personal circumstances; ‘ -
Qath; .
special proceedings, in the absence of any Special
§tatement of facts; ’ provision under the relevant rules to the centra,y_
fignature; and .
.*'.° $"!*$'°!\’ ,_lgrat NOTE: Section 2 of A.M. No. 12-8-8-SC is amended
by Rule 8, Sec. 6 of the Rules of Court because Rule
JUDICIAL AFFIDAVIT 144 of the Amended Rules of Court provides that an
Affidavits submitted by the parties which shall take rules, resolutions, regulations or circulars of the
the place of their witnesses’ direct testimonies (A.M. Supreme Court or parts thereof that are inconsistent
No. 12-8-8.-SC, Sec. 2). with any provision of the said amendments are
deemed repealed or modified accordingly.
PURPOSE: in order to reduce the time needed for In criminal cases, judicial affidavits shall be med
completing the testimonies of witnesses in cases and served by the private complainant with fespect
under litigation (A.M. No. 12-8-8-SC).
to the civil aspect, and the prosecution as to thé
EFFECTIVITY: This rule shall take effect on criminal aspect, if the maximum imposabie penajty
January 1, 2013 following its publication in two of the offense does not exceed 6 years, Qrif
newspapers of general circulation not later than exceeding 6 years, the accused agrees to the use of
September 15, 2012. it shall also apply to existing judicial affidavits, not later than five (5) days before
cases (A.M. No. 12-8-8-SC, Sec. 12). pre-trial (A.M. No. 12-8-8-SC, Sec. 9(a)).
SCOPE: All actions, proceedings, and incidents lfthe accused desires to be heard on his defense
requiring the reception of evidence before: after receipt of the judicial affidavits of the
prosecution, he shall have the option to file and
hair“/.il.>. R.i.i. Y.ti-i.i >
\ /
V I
ytwuw. cu“!
l udlCla| affidavit BS W
{Exclusion of Hostile Party and Adverse Witness
sat“ "Zita the court within ten lifflmose °' his
W055 ' such judicial affidavits (AM . )N‘L°Y;12l:3om
_ _ _8_ " "is APPllcatlon of the Judlclal Affidavit Rule
.t-913;; 9 rclil (JAR)
>°- 29°30" 5 ol the JAR expressly excludes from its
M, of Judicial Affidavit (39 fiillon the adverse party and hostile witnesses
gent‘ ia| affidavit shall be pffipargd |n m 21g05;9rig Tam v. China Banking Corp., G.R. No.
A jtidl°‘0 me witness and. it not in Ellgllshe 'a"9l1fl9e - ‘-"Just 5, 2015).
jnowiipanied by a translation in English Err Emplno.
fig?! of Non-compliance with the Judlclal
gal
-00"
“;:;a‘:;2?.;;!3:“i2%‘l lIus'“°S$addr@ss
f I ' -
JUDICIAL AFFIDAVIT _ A
}
?_i_§
Title of Form »
tot Prosecution witness JOHN LLOYD DELA CRUZ in lieu oi Direct
Testimony) i’l_
PRELIMINARY STATEMENT 3
That the person examining me is ATTY. LIZA SOBRANGANO with , Name of the examining/supervising
law office address at #123, 1" Street, Mendiola, Manila. My Judicial affidavit lawyer and place of examination j
is being taken at the above-mentioned place in the presence of John Sy and
my companions. ~ $.
That the questions are asked in English Language but are translated A Statement that the witness is *4
in the Tagalog dialect which I speak and fully understand and I am giving my answering the questions, fully
answers fully conscious that I do so under oath and I am aware that I may face conscious under oath, and that he
Eriminai liability for false testimony or perjury for false statements made or given may face criminal liability
y me. _ i__.-
OFFER OF TESTIMONY ' %
The testimony of the witness John Lloyd dela Cruz is being offered
to prove that he is an eyewitness to the crime of Estafa. He will testify what he
saw the day of their transaction with the accused and what later transpired in
their agreement dated July 22, 2016. The witness will identify the accused in
open court as the person who committed the crime. _ ' .4
»l Summary of Testimony ti
-1
V
fi.'Z:.‘:§;i3.Ytc4t.L'?s
wt '
. tationi Maylrequest this HonorabieC rt
Manrffishe client by mere
, hiding this P ast 4Du New words“) - p°"d°' Mme
act fiynce over my client. The mere fact that h£§nsa,?gTt§lttutes an abuse ot
co"
shows that the trust entmsted bY m Y c ti ent over him
~ was violated.
'.d "°m his °b"QBi| on
ATTESTATION \
I ATTY. LIZA SOBRANGANO of legal age with ff
I I l I d
N. Domtngo $1.. Quezon City. do hereby certify that: 0 Ice 8 dress at #7
Neither I nor any other person then present or assisting the witness t . t
coached the latter regarding his answers. >_ swom attestation of the |awyer
WITNESS WHEREOF, I h . 1
of May 24:1 at Manila, Philippines. ave hereunto Set my hand ms 20"‘ day
Jurat
' A Jurat with the signature of the
JURAT notary public who administers the
oath or an officer who is authorized
by law to administer the same
\
ml--"
|-EGAL F
Legal and Judlcgigmcfi
t
Ttl
FormN O . e 1 AFFIDAVIT OF LOSS -8
” Republic oi the Philippines )
R V°"“° "9 City oi Manila 3-5 -
i
P AFFIDAVIT OF L055
at age and resident of 20 San Mt U S
V Personal Circumstances -% |t .°"°9 that Ht
_ _9 Quiapo, Manila under oath declare th Coll
Oath CoIleQ§_$'99H'D*by ° eqévi Law San
1. lwasissuedfl_ ; I I e \.\
3°“ °" Mama inmybes: 1
2. I used to K669 *"a' "0'1. while I was in Recto, Manila. my bHg t
Statement of Facts —-> 3_ Last February 3' 202 oi I D was stolen;
l°9°m°'w“.h my scho ' t ment as re 'ed
4, la_m emcuung this swom S a ethat schooiqglr I to enable
mete obtain a replacement for . t
1
(Sgd). ATTY. NOTARIANA GRANDE
Notary Public for Manila
Appointment Ne. 123
Until December 31, 20>o<
Roll No. 12345; 4120/xx
IBP No. 13425/Jan. 1, 20xx /City of Manila
PTR No. 21314/Jan 1, 20xx/City of Manila
MCLE No. l- 001234: 9/09/20xx
MCLE No. ll - 005678; 9/09/20xx
Contents: (VenTi-POSSi-Ju)
1 _\_!ggue;
fltie;
Eersonai circumstances;
Qath;
$’"'4>°°!\> _$_tatement of facts: (PONDLe)
a. flroperty left by the decedent and technical description thereof;
b. Qnly surviving heir and death of decedent (intestate);
c. Net value of the estate and payment of estate and inheritance taxes;
d. fieceased left no debts; and
e. Legal Basis for adjudication;
6. fignature; and
7. _J£rat.
V
-m.]
I NO 8 AFFIDAVIT OF CONSOLIDATION O
F OWNERSHIP IN PACTO DE RE?
‘to
\»t
IN WITNESS VIIHEREOF, I have hereunto set my hand this 5'" day of Mar¢h- 2°21 in the City at
Manila, Philippines.
(_Sgd.) BILI CRAWFORD
F . Afliant
JURAT
ATTACHMENT8 '
i
(GUEVARA supra at 55) "
WE the undersigned MORTGAGOR and MORTGAGEE, severally swear that the foregoing chattel mortgage-
made and executed for the purpose of securing the obligation specified therein, and for no other purpose, and that tt:
same is a just and valid obligation, and one not entered into for the purpose of fraud.
JURAT
LEGAL F
Legal and ludlcgigm’
>\
b a deed of snlo dated March q_ gm” ‘
EXPLANATION arwrrtinls {attached herewith as Annex ‘A " ' "'0, V
This certifies that personal service was ht: rotect my interest, I registered an adv
resorted to tor the reason that due to time, distance an Zlelrho En said TCT N04 133.41-T25 5h°W:imt:,{n'°i
manpower constraints. the same is not prectlcilblfi registration thereof in the f;'l9ll't:ih T. the IQgm"a'r'l§
having been made long b9 Qzfld 6 Prevailing pan, *4,‘
(Signature 0! Counsel) ommm, tiled the above—ci6 "C3560, i ieiiisisieilii
adverse claim because the so er. Tlqufiiliia (Myer,
(RULES OF COURT, Rule I3, S66. 17). claimed she lost her duI>lI¢9:° °W"°f9 °§'tificaro' “*1
preventing me lrom secur ng a title in my Hal...
immediately. '1.
FORM NO. 12: THIRD-PARTY
AFFIDAVIT OF CLAIM OR TERCERIA WITNESS MY HAND AND SEAL this 5'" day M Maw
Rotated Rules: 2016 in the City of Manila. .
1. Rules of Court, Rule 39, Sec. 16 1 |
8 d.) John Lloyd Dela C
2. Rules oi Court, Rule 57, Sec. 14 ( 9 Affiant ml ‘
3. Rules oi Court, Rule 60, Sec. 7
I JURAT '
NOTE: This is executed by a third-party claimant
over property subject to execution, attachment, or copy furnished:
replevin. Clerk Pampanga
The Clerk of Court
It is given to the sheriff, who shall then furnish acopy RTC Branch 1.
to the judgment obligee. 8 ' Qivilfiase No. 1234
Manila, -
Contsnts:(VenTI-POSS-JuC) -
1. Que; " The Sheriff, Mr. Sheriff G"
Manila _ -
. Elle; I
gersonal circumstances (name of affiaht); Mr. Bill Crawford
. Qath; . . 7 12 Gaiicia St. Sampaloc, Manila
gi4>_u~ §tatement of facts: (CTG)
a. Qase involving the property; i
b. Iitle or right to possession of such, ‘=. (AGPALO, supra at 137) \
property; and '1
c. Qrounds for such right or title; FORM NO. 13: AFFIDAVIT OF BIRTH
6. §ignature; Contents: (VenTi-POSS-Ju) \
7. J_u_rat; and , , 1. Venue; y
8. Qopy fumished to the adverse party, the Clerk of 2- lmei .
Court, and the Sheriff. . Personal-circumstances of the affiant;
. Qath;
§tatement of facts; (Mo?-BA)
Us-5&3
Republic of the Philippines) a. That the affiant is the true and legitimme
City of Manila ) S.S. Qther of the child; and
b. The Place of birth;
THIRD-PARTY AFFIDAVIT c. The date of §irth; and
I, John Lloyd Dela Cruz, single, of legal age and a
d. The Age of the child.
resident of 20 San Miguel St., Quia@_Manila, under 6. §ignature of the affiant; and
oath declare that: 7. J_urat.
LEG
Legal ant?
lqs
1. That I know Jobel do Ayala jh
IN WITNESS WHEREOF, l have hereunto set my a loan lrom Metropolitan BE'mk‘i9n8Dl>lica
hand this 9"‘ day of September 2021, in the City Co., lnc.; 9 and W"
oi Manila. 2. Thailknow that he is the owner “ii
of land located in Bonilacio G°|I the me
(Sgd.) Ralphy Tolpo Tagulg, which he offers as sang," °'bai Ci?”
Affiant and that said property contains apli or 3 hall.
an area of 2 hectares, and is bproxlnjateln
JURAT follows: °“"iIeq ay
On the north by I
(SUAREZ, supra at 45) On the east by
On the south by
FORM NO. 16: AFFIDAVIT OF On the west by
3. That at the back of this affinavi, is
ADJOINING OWNERS the land referred to above; a sketch 0,
Contents: (VenTi-POSS-Ju) 4. That ner of the land .
1. Venue; on the east side of the
2. Title" Jobel de Ayala as security, and (ha? ere" by
. Eersonal circumstances of the affiant; I know, there is no conflict bejwee as iai as
. Qath; respect to boundaries; n “S With;
place §tatement of facts: 5. That I know that he acquired -
a. That the affiant knows the owner of the from his father, Don Aya|a_ by inniitpropew.
adjoining land; 6. That he, Don Ayala, and his predeqfince; y
b. The location of the adjoining land and interest have been in open. coritinuossorsini
the technical description of the land; uninterrupted possession nf the |“s- and‘
c. That a sketch of the land is attached to - owner since 1932; am as‘
the affidavit; 7. That I do not know of an - I
d. That the affiant is the owner of a land to Person on said Propefiy; y claim °I °IheiI
which the above-described ‘land is 8. That I make the foregoing statements 1
adjoined to; I _ my own free will and according in mom”,
e. That to the best of the affiant's knowledge and belief they are true, y MI
knowledge, there is no conflict between
the affiant and the adjoining owner with IN WITNESS WHEREOF, I have hereunto I
_ respectto boundaries; hMaannila
a th'IS 20m d ay of A pri'l, 2021 in~ the CW
s?""i‘
ofj
f. The circumstanceswlthin the affiant's
knowledge with respect to how the
adjoining owner acquired the land;
g. That the adjoining owner, and his I39“-i clndv Bliiar
predecessors-in-interest have been in ' Affiant I
open, continuous, and uninterrupted JURAT
possession of the land as owner, and
the time when such possession began; (SUAREZ, supra at 46) ~‘
h. That to the best of the affiant's
knowledge, no other person has a claim
on the adjoining owner's property; and FORM NO. 17: AFFIDAVIT OF
i. Such other facts that may be relevant. DESISTANCE
6. §ignature of the affiant; and NOTE: This affidavit is executed by the private
7. Jlrat; complainant in a criminal case.
Contents: (VenTi-POSS-Ju)
Republic of the Philippines ) 1. Venue;
City of Manila ) 3_3_ :1= 5'?
. Bersonal circumstances of the affiant;
AFFIDAVIT OF ADJOINING OWNER . Qath;
U1-J>o0.[\> §tatement of facts:
I, Cind Blllar, Filipino, of legal age, and with a. That the affiant is the private complainant in
residence at 28 Sta. Cruz Street, Manila, after a criminal case, citing the title of the criminal
having been duly swom in accordance with law,
do hereby depose and state: case; and
b. That the affiant desists from any claim
against the accused in said case on the civil
aspect of the criminal case.
7
i
i -'~n\ s i € l > adYAID
~ °' '*“‘“ ' Rec‘ 5" Operations cm“,
V
Ԥ3-1:)::252[0
EFFICIENT USE OF
F
E
PAPER RULE
(A.M. NQ. 11-9-4.sC)
Identity of lhg 1. Admissions and
g;;;:;;::;21::::t2::tZ?ii‘.32‘i§""
W pgtez January 1, 2013
For 2'
parties;
Cause of action
(statement of the
fights of the
Denials;
2. Special
affirmative
defenses;
and
>
LEGA
Legal and ilJd'i:e2|%¥c8
U
DEFECTIVE PLEADINGS
DOCKET NUMBERS
Related Rule: RULES or count, Rule“
-i
@ (C); 4_ par. 4; 5. par. 3, as amended)
Formal Defect
Sf-t -5
Municipal Circuit
Trial Cou rt Republic of the Philippines
MUNICIPAL CIRCUIT TRIAL
COURT
Third Judicial Region
Malolos, Bulacan
1?}-\
i-,3
Z3, 5-<e P32io
SAMPLE COMPLAINT
/ REPUBLIC Q F T
REGIONAL i§iAT'§E'fi§ttES R
National Capital Jud‘ - .
Branch tmal Regmn
Manila
Love oeut cnuz
10"“ L Plaintiff.
Civiicase NQ0001 >"l Caption
For: Sum of Money
- versus —
A DARNA
ELLEN Defendant.
‘-—x
x*"""'_ J
1. The plaintiff Juan Dela Cruz is of legal age, single and aresident of Ti 'mr°du°fi°"
20 San Miguel Quiapo, Manila, and defendant Pina Utang i ii |
single and a resident of 10 San Miguel St., Quiap°' Manna; S ° 993 698-
D _ ..¢-
Plaintiff further prays for such other reliefs as may be just and
equitable in the premises. "
LEGAL F
Legal and ludlc2i‘gMc§
i
cmtiitinhih. Mitt§lLIl.292t-
Venue and Dale
E]
\\\
AFFIDAVITS
ANGELICA PANGILINAN
Defendant.
x-----------_x
13,$§3~$33§> §5 lulu
ANGELICA PANGILINAN,
Defendant.
x-_-_--_--._--_-------_----X
Y
LEGAL F
Legal and ludiciqqigmoh
i
Caption lor Petitions to the Supreme Court cation is deemed substantially com .
X1222 one who has amP|9 k""1°W|°d99 lo sw',’,'§,‘1°t°w.,,
truth oi the allegations its WE °°"lP'a"1l or pa‘-‘hi
Republic oi the Philippines signs the verification, an d i en matters anegelllnn
SUPREME COURT the P6l"'°" ha“ been ma 9 n %’°d lallll or are“ i i
Manila and correct (Femandez v. ll/eggs, GR lihfi
200191, August 20, 2014). - /yo
JOHN LLOYD DELA CRUZ.
Petitioner, GR‘ N0 3472 Purpose of Verification _ '
The purpose of requiring verification is to sect”
-V8l'SUS-
assurance that the allegations in the P6llli0n area an
ANGELICA PANGILINAN. and correct, ‘not merely_ Speculative %'"_e
Respondent, requirement is simply a c0ndlll0" affecting rho fohla
*"—"-_-'1-" ‘ of pleadings, and noncompliance therewith d rm
not necessarily render the pleading Mgr;
defeoiivo (Torres-Gomez v. Codi/la, GR Nly
195191, March 20, 2012)- °-
PRELIMINARY Who May Verify Pleadings
PLEADINGS Verification may be made by the Parry, hi
r9p|’8S6fll8llV8, lawyer or any P°"$°"_ Who persona|.“
knows the truth of the facts alleged inthe pleading?
(Tanjuatco v. Gako, Jr., A.M. No. RTJ~05_201§
FORM NO. 21: VERIFICATION (Resolution), March 23, 20o9)- Where the
Related Rule: RULES OF COURT, RULE 7, Sec. verification is made by the attorney who also signed
4, as amended , ' the pleadings, the courts are inclined to be liberal
and accept substantial compliance wiih the
Verification . A verification rule"(3a"i°$ V- CW" °f APPea/s, GR
A pleading is verified by an affidavit of an affiant duly No. 141947, July 5, 2001)- '~
authorized to sign said verification. ' . 3
. l
The authorization of the affiant to act on behalf of a . VERIFICATION
party, whether in the form of a secretary's certificate
or a special power of attomey, sliould be attached to l, John Llo d Dela Cruz, of legal age and a
the pleading, and shall allege the following resident of 20 San Miquel St., Quiapo, Manila, undef
attestations: (THE) ' oath declare that:
1. The allegations in the pleading are Irue and 1. - l am the plaintiff in above-entitled case;
correct based on his or her personal knowledge, 2. I have caused the preparation of this
or based on authentic documents; complaint; ’
2. The pleading is not filed to flarass, cause 3. I have read it and its contents are true and
unnecessary delay, or needlessly increase the correct of my personal knowledge and/or based on
authentic records;
cost of litigation; and " 4. This complaint is not filed to harass, cause
3. The factual allegations therein have §videniiary unnecessary delay, or needlessly increase the cost or
support or, if specifically so identified, will litigation; and
likewise have evidentiary support after a 5. The factual allegations in the oompiaim
reasonable opportunity for discovery (RULES have evidentiary support, or if specifically so ideniified
OF COURT, Rule 7, Sec. 4). will likewise have evidentiary support after a reasonable
opportunity for discovery.
NOTE: The signature of the affiant shall further
serve as a certification of the truthfulness of the (Sgd.) John Lloyd Dela Cruz
allegations in the pleading (RULES OF COURT,
Rule 7, Sec. 4). JURAT
>
LEGAL F
Legal and Judlcgigmfi
B
calendar days therefrom to the court wherein his 12 April 2021, City of Manila
or her aforesaid complaint or initiatory pleading
has been filed (RULES OF COURT, Rule 7. $60- I394-I John Lloyd dala
5. as amended). AIM
I
JURAT a“‘
CERTIFICATION AGAINST FORUM SHOPPING (GUEVARA. supra at 53; RULES OF COURT
of le al 89° 8"“ 8 '°“'d°"' 7, Secs. 4 & 5, as amended) ' Ru/9
ol zo SahI Miguel st.
' Q\1|IP°-g "la nlla. under oath
declare that: h 6 no‘ earlier commenced 8 simiiar FORM NO. 24: NOTICE OF HEAR|NG
t‘ na ainstltheadefendantlorthe same cause with anli
Related Rule: RULES OF COURT. RULE 1%
6, as amended ' c.
331:; qsirt tribunal or quasi-judicial agency: | I
2' No such action or P'°°°°dI"9 '5 P°"d'"9
. ' - dicial agency;
with any other court. tribunal or quasi iu _ _ Notice of Hearing on Lltiglous Motions;
ll I should team that a similar action or Discretionary
. 3. ~ ~ th r
proceeding has been filed or is pending b°I°'° |a"'I:;et?y The Court may, in the exercise of its discretion
rt, t 'b at or quasi-judicial agenCY; _ if deemed necessary for its resolution, call a he?“
fihzertakre II: notify this Honorable Court within five (5)
days from such notioe. on the motion. The notice of hearing sha||nn9
addressed to all parties concerned, and shall Specpe
the time and date of the hearing (RULES 62
(3gd,) Juan Dela Cruz COURT, Rule 15, Sec. 6, as amended).
JURAT ~ '
7 \ .. _ '3
Atty. AnneCuties '
(GUEVARA, supra at 294) . - g, Counsel for Plaintiff - '
fiEM»Q~RY AID
"”‘u“'||y tiriqll til in that-i tta t\|~.l--‘ Hum
E
LEGAL F
Legal and Judicggmca
s
xk-—---—~—---it
I JURAT
COMPLAINT if . -. -
(AGPALO, supra at 119)
Ptaintitt. by undersigned counsel and to thI5
Honorable Court. respeclttllili Slams ma‘
When an actionable document has to be genie
t The plaintiff gohn Lloyd Dela Cruz is of le93I I Answer must be verified. if the Answer ("dug-thq
age. single and a resident of 20 San I uel St. I-iii permissive counterclaim, a Certification of ass
Ianilg. and defendant Angelica Pangilinan IS of legal Forum Shopping must also be added (A_C_ No °n.
age. single and a resident of 10 San MI uel S .
Manila;
ula 94, February a, 1994) " °1
First Cause of Action NOTE: This rule, however. does not appjy
compulsory counterciaims. The circular applies to
2. On March 3, 2018, defendant obtained a initiatory and similar Pleadings (Cruz-Agana I°
loan from the plaintiff in the amount of FIFTY Santiago-Lagman, G.R. No. 139018, Aprj] 11' 2005:.
THOUSAND PESOS (Php 50,000.00I_for which he
executed and delivered to plaintiff a promissory note, a
copy of which is hereto attached as ‘Annex A‘. and made FORM NO. 27: ANSWER WITH THE
part of this complaint. to wit: NEGATIVE AND AFFIRMAT“/E
DEFENSES, COUNTERCLAIM AND
(Copy of the Promissory Note)
DENIAL OF DOCUMENT UNDER OATH
3. Despite the lapse of the period for the Related Rule: RULES OF COURT, RULE 6%
(payment of the amount stated in said note, defendant 4-5, as amended '
has not paid the same, or any part thereof or interest
jthereon; Definition: A pleading in which a defending pany
, Second Cause of Action
sets forth defenses.
i 4. Plaintiff hereby incorporates the allegations Two Kinds of Defenses That May Be Set Fem, in
iof paragraph 1; the Answer: -
1. Negative Defense
I 5. On October 03, 2018 defendant again - specific denial of material facts alleged in
iobtained a loan from the plaintiff in the amount of 15 the pleading of the claimant essential to his or
HUNDRED THOUSAND PESOS (Php 100,000.00I for her cause or causes of action (RULES QF
iwhich he executed and delivered to the plaintiff a COURT, Rule 6, Sec. 5[a], as amended); and
promissory note, a copy of which is hereto attached as
; ‘Annex B‘, and made part of this complaint, to wit:_
Specific Denial - A defendant must specify
I (Copy of the Promissory Note) each material allegation of fact the truth of which
he or she does not admit and, whenever
6. Despite the lapse of the period for the practicable, shall set forth the substance of the
payment of the amount stated in said note, defendant matters upon which he or she relies to Support
has not paid the same, or any part thereof or interest his or her denial (RULES OF COURT, Rule 3
thereon; ‘Sec. 10). '
WHEREFORE, it is respectfully prayed that NOTE: Allegations not specifically denied are
judgment be rendered in favor of plaintiff and against
defendant for the sum of ONE HUNDRED FIFTY deemed admitted (RULES OF COURT, Rule 8,
THOUSAND PESOS (Php 150,000.00 )'with interest at Sec. 11).
the rate of six per centum (6%)_per annum on each of
the aforesaid notes, until paid; interest at the legal rate Modes of Specific Denial:
on the interest due from the time of the filing of the 1. Absolute Denial
complaint and attomey's fees plus costs. - By specifying each materi3|
allegation of the fact in the complaint, the
Plaintiff further prays for such other reliefs as
may be just and equitable in the premises. truth of which the defendant does not admit,
and whenever practicable, setting forth the
City of Manila, March 3, 2021. substance of the matters which he will rely
upon to support his denial;
(Signature of Counsel) 2. Partial Denial
- By specifying so much of an
VERIFICATION AND CERTIFICATION OF NON-
averment in the complaint as is true and
FORUM SHOPPING
\ I
oi--'7
p€M»Q~RY AID
Viol-uiiiwdofv
t. til
In
Q; -
MlII|l\~ei||q(_~“'
a belief as to the truth thereof; d affecting the title to the land or the en,“
2. Defendant denies under oath the execution an _ occupation thereof or building tails M
authenticity of the promissory note. Ann6X A (AGPALO, supra at 167). flreun
of the complaint. the truth being that the same
is a forgery and that he did not execute nor sign When nor Apnrepriate
the same; O
3. By way of special and affirmative defenses. 1. Preliminafy attachmemsi
defendant avers: 2. Proceedings for the probates of wills;
a. That the obligation has been paid; and . Levies on execution; _ ' _
b. That the cause of action has prescribed. :l>(.D Proceedings for the administration or estat
4. By way of counterclaim, defendant alleges: deceased persons; _ ° iii
That by virtue of this unwarranted and 5, Proceedings I" ‘”h'°_h the °"'y subiect is
malicious act initiated by the plaintiff, defendant recovery of a money judgment. the
was forced to engage counsel in the sum of
TEN THOUSAND PESOS (Php 10,000.00).
: To constructively advise or
WHEREFORE, it is respectfully prayed that the Zfoiilofiifii deal with the property that them"; all
complaint be dismissed and defendant be awarded the with ii at their own risk, and whatever right ‘hey “asi
amount of ONE HUNDRED THOUSAND PESOS (Php acquire are subject to the results of the action‘ ant
100,000.00). I may well be inferior and subordinate to [hose Whig
v
may be finally determined and laid down therei i
l
Other equitable reliefs are likewise prayed for. (Yared v. Ifarde, G.R. No. 114732, August 1| 2000;
City of Manila, Philippines. March 3. 2021‘.
CONTENTS: _
(Signature of Counsel) 1. The names of the Dames?
2. The object of the action or defense; anq
VERlFlCATlON 3. A description of the property in that province
affected thereby (RULES OF COURT, Ruye 13
JURAT
l
Sec. 19, as amended). ~
Copy furnished:
Name and Address of V ~ Republic of the Philippines \
Counsel of the Other Parties National Capital Judicial Region
REGIONAL TRIAL COURT
PROOF OF SERVICE Branch 1
Manila
EXPLANATION (if served by registered mail)
JOHN LLOYD DELA CRUZ.
Plaintiff,
(AGPALO, supra at 127)
Civil Case No. 4331
FORM NO. 28: NOTICE OF LIS -versus- For: R8COi‘tV6yan0e
PENDENS ANGELICA PANGILINAN
Related Rule: RULES OF COURT, RULE 13, Sec. Defendant.
19, as amended x--------------------—--——x
When Appropriate
Notice of Iis pendens is proper in an action affecting Sir:
the title to or the right of possession of real property
(RULES OF COURT, Rule 13, Sec. 19, as Please register a notice of Iis pendens on TCT
amended), such as in the following cases: No. 54321 of the Registry of Deeds of Manila, covering
F
‘fit33,5;?‘ 1‘§z
-< 50 u Clntu
(Signature of Counsel)
(coPY'“’"""°d)
PROOF OF SERVICE
f
005
LEGAL F0
Legal and Judicialgma
°a
FORM NO. 29: PRE-TRIAL BRIEF
Related Rule: RULES OF COURT, RULE 18, Sec. 6, as amended
\
SAMPLE PRE-TRIAL BRIEF
\
~44
Amicable settlement or altemative modes of
dispute resolution, indicating the desired temis
thereof; _ - - ’ .
‘ b A summary of, admitted facts and proposed I
COPY FURNISHED:
Name and Address of Counsel of the Other Parties
Addendum
PROOF OF SERVICE
‘F5.-=.\:3,5'9‘ea51>55
conmnlst (C-TIB-RVSA)
§
"" Com‘,
evidence-in-chief other than those that had been WHEREFORE, plaintiff prays that the foregoing
be taken cognizance of.
earlier identified and pre marked during the pre.
trial, except if allowed by the court for good cause City of Manila, Philippines. March 3, 2021.
shown (A.M. No. 03-1-09-SC dated July 1'3, 2004).
(Signature of Counsel)
FORM NO. 30(A): PRE-TRIAL BRIEF IN
CIVIL CASES (Copy fumished)
LEGAL
FORMS
MARIO REYES,
Defendant.
X--....................x
LEGAL FO
Legal and Judicieigmg
“Comprehensive Dangerous DE
FORM NO. 30(8): PRE-TRIAL BRIEF OF 2002." '“%
THE ACCUSED IN CRIMINAL CASES _ 2. Whether or not there was pfoper in
the ‘procured shabu.' v0m°'Y hi
ISSUES TO BE TRIED
23O~RY AID
tfuhflidtid N(IClfl4|Qp'u..‘c.m.
4-I’
>
LEGAL
Legal and ludigifiafi
t
witness the Honorable Jose Santa ,
said court. this 23'" day OI February 2021.
FORM NO. 33: SUBPOENA
Related Rule: RULES OF COURT, RULE 21. as (Sgd.) Judge Jose
amended RTC of Manianu,‘
I-_
Definition: A process directed to a person req_uIfI"9 (RULES OF COURT, Rule 21)
him or her to attend and to testify at the hea_rIfl9_ °'
the trial ol an action, or at any finvtewsgtliiiggg
conducted b competent authority, or or
of his or herydeposition (RULES OF COURT, RU/9
21, Sec. 1, as amended; Canillas v. Pelayo. A-M N0-
P~02~1575, August 1, 2002).
Motions, In General
Related Rule: RULES OF COURT, RULE 15
NQTE; it may also require him to bring with him any amended -at
books documents, or other things under his control,
in which case it is called a subpoena duces tecum Definition: Application for relief other than
(RULES OF c'ouRT. Rule 21, Sec. 1, as pleading. Must be in writing except those mabll a
Qp_el§_g_ult_ or in the @ (RULEUE In
amended).
COURT. Secs. 1 and 2). S 0:
The subpoena must be: (S2C TWD)
1. §igned by the clerk OR by the judge if the Court NOTE: The rules applicable to pleadings ap |
has no clerk; written motions with regard to caption, designgg to
Under the §eal of the court; signature and other matters of form (RULES °".
. State the name of the Qourt; COURT,-Rule .15, Sec. 11, as amended), °F
. State the Iitle of the action or investigation;
U1-b(.D.!\)
Directed to the person flhose attendance is Contents: (RG8)
required; and 1. Belief sought to be obtained;
6. If the subpoena is Quces tecum, it must also 2. Qrounds upon which it is based; and
contain a reasonable description of the things 3. §uppprting affidavits and other papers T
demanded, which must appear to the court to be required by the rules or as necessary tq pr'°V'
pn'ma facie relevant (RULES OF COURT, Rule facts alleged therein (RULES OF COURT, Rule
21, Sec. 3, as amended). 15, Sec. 3, as amended). e
The body of a motion usually has four (4) pans,
Republic of the Philippines (TGAR) A '
REGIONAL TRIAL COURT 1. Title;
National Capital Judicial Region
- Branch 1
2. ground for the Motion;
' Manila Argument in support of the Motion; and
5*.“ Relief sought to be obtained.
JOHN LLOYD_DELA CRUZ.
Plaintiff, g Motion for Leave -
A motion for leave to file a pleading or motion sha"
Civil case No. 0003 ~ be accompanied by the pleading or motion sought to
- versus - For: Sum of Money be admitted (RULES OF COURT, Rule 21, Sec. 10
as amended). ’
ANGELICA PANGILINAN, .
Defendant.
x— ~ ——x
g SUBPOENA
To: Tess T. Go
1 Hidalgo St., Quiapo, Manila
You are hereby commanded to appear before
the Regional Trial Court of Manila on the 3'“ day of
March 2021 at 10 o'clock, in the morning to then and A
there to testify in the action for the sum of money
against Maria Leonora Onor of the above-entitled case.
V
i 1 Liv: _
/ - —i—
SAMPLE MOTION
/-T T‘ ‘*‘T “T ll _-Li | I
MOTION
(Clearly state and explain the following:
Ground/s in support of the Motion
(sgd_) Movant i
<“[ Signature of the Movant V
ANGELICA PANGILINAN 3 . O,
There must be Qelense
meritorious a pr0P9T $h0Wing of theFounisenn,
(Kilosbayan ex,
Defendant.
x------------------———x v. Janolo, G.R. No. 180543, July 27' 201o)ello,,
Material Averments
MOTION TO DECLARE DEFENDANT IN DEFAULT 1. Date of defendant's receipt of order d _
him in default; and °°'alln,,
. PLAINTIFF, by counsel, respectflllltl 5'9"” 2. Justifications and/or defenses for no,,_f.
that: the answer within the reglementary pe,,og'"9 ol
1. Pla tntm mod this Complaint against A
defendant on - $“"‘m9ns.w6m serzh
ed
on defendant on March 20, 2121 as '"d'°at°d by 9 Republic of the Philippines
Sheriffs retum, attached as ‘ANNEX A". REGIONAL TRIAL COURT
National Capital Judicial Region
2. Defendant's reglementary period to file Manila
answer ended on April 5, 2021 that no motion for Branch 45
extension of such period was filed nor was any granted.
Despite the lapse of the time, Defendant has failed to JOHN LLOYD DELA CRUZ
answer the Complaint against her. Plaintiff is entitled to Plaintiff,
a declaration of default and the right to present
evidence ex parte against defendant. - yefsus - C359 NO.
For: Sum of Money
WHEREFORE, Plaintiff respectfully prays
that Defendant be declared in default and that Plaintiff
be allowed to present evidence ex parte. _" ‘ ANGELICA PANGILINAN
~ Defendant.
April 6, 2021, Manila, Phlllgglnes .
x-----------------—--————x
MOTION FOR RELIEF FROM ORDER OF DEFAULT
(Signature of Counsel) I .
Defendant“ by the undersigned counsel
respectfully alleges that: '
NOTICE OF HEARING 1. That she received on March 20, 2021 a oopy
of the order declaring her in default for failure to file he,
(Copy fumished) '3 answer to the complaint within the 15-day period;
2. There has yet no judgment rendered by the
Honorable Court;
3. She failed to file her answer to the OOmplaint
PROOF OF SERVICE because she did not personally receive the summons,
as it was served upon a certain Taylor Sweet, who_
(AGPALO, supra at 144) ‘ defendant was informed, was at her residence at the
time senling an invitation to a birthday party, and who
was mistaken by the sheriff as the one authorized to
FORM NO. 35: MOTION TO LIFT ORDER receive the summons. Unfortunately, Taylor Sweet took
OF DEFAULT said summons with her and defendant teamed about the
Related Rule: RULES OF COURT, RULE 9, Sec. 3, summons only when he received the order of default,
as amended thereby preventing her from filing her answer within tho
period. The defendant submits that these circumstances
constitute fraud, accident, mistake, or excusable
NOTE: A motion to lift an order of default based on negligence in failing to file the answer; and
fraud, Accident, Mistake and Excusable negligence 4. Defendant has good and valid defenses to
(FAME), should be accompanied by an Affidavit of defeat plaintiffs claim for a sum of money as the same
Merits. However, if it is grounded on the very root of is barred by the statute of limitations, and in any event
the proceedings, i.e. invalid service of summons, the same has been paid. '
affidavit of merits is not necessary (Sps. Manuel v. WHEREFORE, defendant prays that the order or
Ong, G.R. No. 205249, October 15, 2014). default be recalled or set aside and that defendant be
givena eriod often 10 da s from receipt ofthe order
Requisites: (O-FAME-D) setting aside the order of default to file her answer to the
1. Must be made by motion under Qath by one who complaint.
has knowledge of the facts;
2. Failure to file answer was due to fraud, City of Manila, April 2, 2021
Accident, Mistake or Excusable negligence; and (Signature of Counsel)
NOTICE OF HEARING
V \
M/QRY AID
I
‘L?’
ii fllllll-*'h'“”
PROOF OF SERVICE
m9Jw
(S/gnululu 0! Cuimsul)
ALO",-upra alfl-T5)‘ Z ‘ R ' REQUEST FOR 8- NOTICE OF HEARING
.46 P '
l
NO. 36: MOTION FOR (Copy Furnished)
;0:¥PONEMENT OF HEARING PROOF OF SERVICE
ggawd/Ȥ;|,3 RULES or COURT. RULE so, Se;
EXPLANATION (ll sewed by regislflied '""")
Seas ai"°"de
"ms of the Motltmz . ANNEX "A"
dang Averments When to File: The motion for bill of particulars shall
|1mg?igina| date of hearing of the case; and be filed before responding to a pleading (RULES OF
2: Justifications and/or defenses for -p0Slp0nement_ COURT, Rule 12, Sec. 1, as amended). Hence. Ii
must be filed within the period granted by tl'i_6 Rl-"95
Z - (Rule 11) for the filing of a responsive P|°ad'"9'
Republic of the Philippines ‘
REGIONAL TRIAL COURT . Contents of the Motion ‘ .
National Capital Judicial Region A party may move for a definite statement or for a bill
Branch 1 of particulars of any matter which is not averred with
Manila sufficient definiteness or particularity to enable him
or her properly to prepare his or her responsive
LLOYD DELA CRUZ, ~ pleading. Such motion shall point out;
JOHN Plaintiff, 1. The defects complained of;
2. The paragraphs wherein they are contained;
Civil Case No. 000001
- versus - For: Sum of Money and
3. The details desired (RULES OF COURT, Rule
ELICA PANGILINAN,
12, Sec. 1, as amended).
ANG Defendant. g
X_,,._---==--=-"“""""""""'X ‘
lt must comply with the requirements for motions
under Secs. 5-70f Rule 15, as amended.
MOTION FOR POSTPONEMENT OF HEARING
L
LEGAL F
Legal and ludlcglfimg
FORM NO. 41: MOTION FOR JUDGMENT
ON THE PLEADINGS I EXPLANATION (ll served byreglslered ma"
Related Rule: RULES OF COURT, Rule 34, as (AGPALO, supra at 249)
amended
FORM NO. 42: MOTION FOR suMMA
Definition: A motion filed by the claimant or counter- JUDGMENT - RY
claimant where an Answer ROIBIOCI Rule: RULES OF COURT. RULE W
1. Fails to tender an issue; or 1-3, as amended ' °°B
2. Othenivise admits the material allegations of the
adverse party's pleadings (RULES OF COURT, Definition: A motion filed by a party seek,"
Rule 34, Sec. 1, as amended). recover upon (or against whom) a c|gI°
counterclaim, or cross-claim or Ito °b(ain'"l.
declaratory relief. A party filing such motion may a
Republic of the Philippines any time after the pleading in answer thereto y',aI
REGIONAL TRIAL COURT
National Capital Judicial Region been served, move with supporting affidavifss
Branch 1 depositions or admissions for a summary judgme '
Manila _ in his favor upon all or any part thereof (RULES
COURT, Rule 35, Secs. 1 and 2, as amended)
JOHN LLOYD DELA CRUZ,
Plaintiff, "
NOTE: A court may grant a summary judgmgm to
Civil Case No. 000001 ‘ . settle expeditiously a case if, on motion of eime,
- versus - For: Sum of Money party, there" appears from the gm
depositions, , and affidavits that no
ANGELICA PANGILINAN . important issues of fact are involved, except the
Defendant. amount of damages, In such event, the moving party
is entitled to a judgment as a matter of law (Cofabato
Timberland Co_.,-Inc. v. C. Alcantara and Sons, /nc_
MOTION FOR JUDGMENT ON THE PLEADINGS G.R. No.f145469, May 28, 2004). _ '
Plaintiff, by the undersigned counsel and to
this Honorable Court, respectfully moves thatjudgment Contents: I .
on the pleadings be directed on the following grounds: The motion shall cite the:
1. Supporting ‘ affidavits, depositions, . O,
1. In his Answer to the complaint fora sum of admissions;iand- 4'
money, defendant merely alleged that he,Iiad (no 2. Specific law relied upon (RULES OF COURT
knowledge and information as to the truth of the Rule 35, Secs. 3, as amended). ' '
allegations of the complaint. This kind of denial, while
allowed in certain instances, does not apply’ when the
facts as to which want of knowledge is as_serted"are to Republic of the Philippines
the knowledge of the court are so plainly -and REGIONAL TRIAL COURT
essentially within the defendant's knowledge. It National Capital Judicial Region
amounts to a general denial that entitles the plaintiff to Branch 1
judgment on the pleadings. ‘ Manila
2. Moreover, attached to the complaint, as
actionable document, is the promissory note executed JOHN LLOYD DELA CRUZ,
by defendant, to evidence his loan of Php Plaintiff,
1,000,000.00. He did not question its authenticity under Civil Case No. 000001
oath. He merely said that he has no knowledge thereof, . - versus - For: Sum of Money
which is not sufficient to tender a factual issue and the
same impliedly admits its due execution and ANGELICA PANGILINAN,
authenticity, as to entitle plaintiff to judgment on the Defendant.
pleading. x---—---~-----—---—-x
MEMORY A
5,,g.anu~wwwCoIoemuw~RocrB,oDQmc.m
Of
.Z”"7—’?—¥.g
‘endant did not attach to his ‘ e~—~ _ ‘C.
‘rlgceipi issued by the plaintiff to shgsmlser any alleged grounds therefore, a written notice of which shall be
2_ The burden of showing paympayment. served by the movant on the adverse party (RULES
OF COURT, Rule 37, Sec. 2)
defendant, by Sl’l0Wll'1g_l‘8C9lPl of Paymelerll‘' '"rests
7 any . onA .
ma lelaim is not sufficient . ln thi
V6 ens. under o ath , that defend sc°"“°°"°"-plalntifi “* W —*~————-—
Republic of-'7 4-""1""!
the Philippines
$2?-|cip8l amount. While he issueda2tcl‘,:k":: Dald the REGIONAL TRIAL COURT
0
‘ his obligation,. the _ check when d Q Payment ‘ National Capital Judicial Region
dishonored for insufficiency of funds. ggiymlrifvlfig Branch 1
rammed check is attached hereto as I4 _ Manila
P|gi|‘lllll duly informed defendant of the disfiglnbcfxf '
chedt, but he ‘ignored it, prompting plaintiff to no his JOHN LLOYD DELA CRUZ
in5tanfQ(at%:alnl. H "1 re the Plaintiff,
3- ' respec. ° 9 °°mDUtation 0 Civil Case No. 000001
iniei-est,_ the same is a matter of math$ri2liE::1|2A= - versus - For: Sum of Money
arj[|'|m6llC8l computation, which raises no factual la or
For this purpose, enclosed is the computation ofssuel ANGELICA PANGILINAN.
interest, which is attached hereto as “ANNEX B. such Defendant.
4, in short, there is no genuine issue lr x-_-----_---__------X
which requiresafull-blown trial. 0 fact-
MOTION FOR.NEW TRIAL
WHEREFORE,
. . plaintiff prays for iud
' '
prayed for in the complaint, and for such othei'gile‘|l}<-"Pig :8 DEFENDANT, by the undersigned counsel.
may be iust and equitable in the premises. S and to this Honorable Court, respectfully states:
NOTE: Required in a motion/petition based on I, John Lloyd Dela Cruz, of legal age and a
Fraud, Accident, Mistake, or Excusable Negligence resident of 20 San Miquel St., Quiapo, Manila, Unde
_ I’
(FAME) to show whether the moving/petitioning oath declare that:
party has a good cause (RULES OF COURT, Rule 1. I am the petitioner in the case entitled
37, Sec. 2). John Lloyd Dela Cruz vs. Angelica
Pangilinan docketed as Civil Case
Supporting affidavits or‘ affidavits of merit, as the No.1234 and pending before the
case may be, are required in the following instances: Regional Trial Court;
1. Motion to postpone for absence of evidence or 2. I have caused the preparation of the
for illness of a party or his counsel (RULES OF "Motion for New Trial" to which this
COURT, Rule 30, Sec. 4); affidavit is attached;
2. Motion for summary judgment or opposition 3‘. I have read the allegations contained
thereto (RULES OF COURT, Rule 35, Secs. 1- therein and I hereby state that the same
is true and correct of my personal
3); knowledge and belief; -
3. Motion for new trial based on FAME must be ' ,4. -A Ihave receivedaoopy ofthe resolution of
supported by affidavit of merits while motion for I A the Regional Trial Court dismissing my
new trial based on newly discovered evidence ._ petition for failure to prosecute for an
may be supported by affidavit .of witnesses , ‘unreasonable length of time;
(RULES OF COURT, Rule 37, Sec. 2); I ‘ 5. The reason for my failure to proceed with
4. Petition for relief from judgment for order based 7 the steps necessary for my case was due
on FAME (RULES OF COURT, Rule 38, Sec. 3); - to the fact that my counsel, Atty. Anne
5. Third-party claim (RULES OF COURT, Rule 39, ' Cuties was admitted in the Philippine
Sec. 16); ;I‘;< _ Heart Center for an emergency operation
6. Proof required of a redemptioner (RULESOF , due to‘ heart failure; -
76., . The partners of my lawyer were not able
COURT, Rule 39, Sec. 30); 1 I, * _ ~ to handle my case because of their
7. Motion for preliminary attachment (RULES OF '- i individual workload and hectic schedule;
COURT, Rule 57, Sec. 3);; ~ .» » 7. The foregoing circumstances that led to
8. Motion for dissolution of preliminary injunction ‘_ the dismissal of my petition constitute
(RULES OF COURT, Rule 58, Sec. 6); I mistake andlor excusable negligence
'
9. Application for a writ of replevin (RULES OF which ordinary prudence could not have
COURT, Rule 60, Sec. 2); and , , A guarded against and by reason of which I
10. Claim against the estate of a decedent;(RULE>‘I have been impaired of my rights,
OF COURT, Rule 86, Sec. 9). I ' ' especially because a judgment was
r_endered by the court without affording
me the chance to present my evidence;
Contents: (VenTi-POSS-Ju)'
1. gue; I voluntarily execute this affidavit of merit to
fltle; attestto th e truth of the foregoing
' facts and in order to
Eersonal circumstances; support the grounds in my “Motion for New Trial" as it
Qath; _ really shows that the same is meritorious, and in order
F-".¢"P°!° §tatement of facts: (CHARRADe) that the Order or Judgment rendered against me be
a. Qaused the preparation of Motion for New reconsidered
_ and set aside
' and to issue
' a new one
reinstating the instant case.
Trial;
b. Have read the allegations; In INITNESS WHEREOF, I have hereunto
c. Admission of negligence; affixed my signature on this 5”‘ day of March 2021 in
d. Receipt of copy of resolution of court the City of Manila, Philippines.
dismissing the case; -
e. Reason of party for the cause of dismissal; ' . (Sgd.) John Lloyd Dela Cruz
f. Attestation to the truth of the foregoing facts; Affiant
and .
g, Esignation of affiant in the case (petitioner, JURAT
plaintiff, etc.); ‘
(RULES OF c0uRr. Rule 37, Sec. 2) I
.I.4. .I’-. t. .13§.:l.3. Y. .l=2~.I. '1.?. . . . NOTICE OF HEARING
Foam NO. 45: MOTION FOR PROOF OF SERVICE .
RECONSIDERATION EXPLANATION (if served by registered mail)
Related Rule: RULES OF COURT, Rule 37 (AGPALO, supra at 263)
When to File: Within the period for taking an appeal
(RULES OF COURT. Rule 37, Sec. 1). MOTION FOR NEW TRIAL
Within the period for taking an appeal, the aggrieved
Grounds for Filing: (DED) party may move the trial court to set aside the
1_ Qamages awarded are excessive; judgment or final order and grant a new trial for one
2, gvidence is insufficient to justify the decision or or more of the following causes materially affecting
final order; and the substantial rights of said party:
3, Qecision or final order is contrary to law (RULES 1. Fraud, accident, mistake or excusable
OF COURT, Rule 37, Sec. 1, par. 2). negligence which ordinary prudence could not
have guarded against and by reason of which
such aggrieved party has probably been
Republic of the Philippines impaired in his rights; or
REGIONAL TRIAL COURT 2. Newly discovered evidence, which he could not,
National Capital Judicial Region _ with reasonable diligence, have discovered and
Branch 1 produced at the trial, and which if presented
I Manila would probably alter the result (RULES OF
JOHN LL_OYD DELA CRUZ. COURT, Rule 37, Sec. 1, par. 1).
Plaintiff,
FORM NO. 46: MOTION FOR EXTENSION
Civil Case No. 000001
- versus - For: Sum of Money OF TIME TO FILE AN ANSWER
Related Rule: RULES OF COURT, Rule 11, Sec.
ANGELICA PANGILINAN, 11, as amended _
- Defendant.
NOTE: A _-motion for extension of time to file
MOTION FOR RECONSIDERATION
pleadingsgaffidavits or any other papers, except a
motion for extension to file an answer as provided
DEFENDANT, through counsel, to this Honorable by Section 11, Rule. 11 of the Rules of Court is a
Court most respectfully moves to set aside its judgment prohibited pleading (RULES OF COURT, Rule 11,
rendered therein and to grant a reconsideration on the Sec. 11, as amended).
ground that the evidence adduced in this court" is
insufficient to justify said judgment. When to File: A defendant may, for meritorious
ARGUMENTS reasons, be granted an additional period of not more
than thirty (30) calendar days to file an answer. A
1. In the Final Order dated . defendant is only allowed to file one (1) motion for
the sole basis presented by plaintiff is a photocopy of a extension of time to file an answer (RULES OF
promissory note (EXH. A) allegedly signed by the COURT, Rule 11, Sec. 11, as amended).
defendant;
2. No efforts were made to locate the original of Material Averments
such evidence; 1. Date of service of summons and/or a copy of the
3. No findings were made as to the authenticity - pleading;
of the signature of the defendant 2. Justifications and/or defenses for non-
4. No other evidence was presented to
corroborate the said photocopy. submission of answer, or other pleading; and '
3. Additional period of time prayed for. .
WHEREFORE, it is respectfully prayed that the
Iudgment rendered herein be set aside and/or
reconsidered and a new one rendered in favor of Republic of the Philippines
defendant to the end that complaint be dismissed. REGIONAL TRIAL COURT
National Capital Judicial Region
Defendant further prays for such other reliefs as Branch 1
ma)’ be just and equitable in the premises. Manila
L
Q7
LEGAL FORMS
Legal and Judicial Ethics
I
I
CI‘/II C959 N°~ 000001 Republic of the Philippines &
- versus — For: Sum of Money
REGlONAL'TRlAL COURT
ANGELICA PANGILINAN, National Capital Judicial Region
" Defendant. Branch 1
x—-—---_-..__.._x ‘ Manila
4
MEMORY AID
5u,5Q¢;t|'iveraItyColoqeofLaw-RGCTBar0rJ0retlcriaCenter -
PROVISIONAL
Civil Case No. 000001
REMEDIES - versus - _ For: Sum of Money
ANGELICA PANGILINAN,
, ‘ Defendant.
These are applied at the commencement or during x--—---------—-----x
me pendency of the action (RULES OF COURT,
COMPLAINT .
Rules 57-61). _ j (With Prayer for Attachment) -
Provisional Remedies: PLAlNTlFF,, by the undersigned counsel,
1. Preliminary Attachment (RULES OF COURT, respectfully states that: .
Rule 57) — accompanied by an affidavit; .
2. Preliminary Injunction (RULES OF COURT, 1. Pl- "tiff JOHN LLOYD DELA CRUZ, of legal
Rule 58) — verified application; ggg, $1 _*d a resident of 8 San Miguel St.,
3, Receivership (RULES OF COURT, Rule 59) — Quiago N _; while defendant ANGELICA
PANG' ' of legal age, single, and aresident of
verified application; 1; 1., Manila;
4. Replevin (RULES OF COURT, Rule 60) - 1| git.-ndant borrowed Php 1,000,000.00 from
accompanied by an affidavfl; and p.°'||l'liII |rtd executed, to evidence the loan, a
5. Support Pendente Lite (RULES OF COURT, pvmlllt of y note on December 10, 2020, herein
Rule 61) — upon verified application. ‘quit. as ANNEX “A”;
Despite repeated demands, defendant failed
FORM NO. 48: COMPLAINT WITH QM I’ efused and continues to fail and refuse to pay said
Qllgation, constraining plaintiff to file the present suit;
PRAYER FOR PRELIMINARY .' 4. The defendant is about to depart from the
ATTACHMENT ' Philippines with intent to defraud his creditors;
Related Rule: RULES OF COURT, RULE 57 ~» 5. There is no sufficient security for the claim
sought tollberecovered from defendant in the instant
action, and the amount due to plaintiff is as much as the
Filed beforenthe RTC or MTC depending on the sum for which the order of attachment may be‘ granted
amount involved (B.P. 129 as amended). above all legal counterclaims; A l
6. Plaintiff is willing to put up a bond for the
Affidavit for preliminary attachment must follow the issuance of a preliminary attachment in an amount to be
complaint (RULES OF COURT, Rule 57, Sec. 3). fixed by the court, not exceeding the sum _of “Php
1,000,000.00,which is the plaintiffs claim herein.
Contents: (CTI-BRV-SA) WHEREFORE, it is respectfully prayed that,
1. Qaption (name of the court, name of the parties, pending the hearing of this case, a writ of preliminary
docket no.); ‘ attachment be issued against the property of the
2. 1"itle; ' _ defendant to serve as security for the satisfaction of any
3. Introduction; I judgment that may be recovered herein; and that after
due hearing on the principal cause of this action,
4- §0dy IPCWI; judgment be rendered against the defendant for the sum
a. Personal circumstances of the partie_s; ‘of Php'1,000,000.00 with interest at the stipulated rate
b. Qause of action and Grounds for _ of twelve per centum (12%) per annum from Januag
preliminary attachment; and 20, 2021, plus costs of this suit.
C. Llillingness to post bond
- Relief sought; City of Manila, March 3, 2021. -
Venue and date;
- §ignature of Attorney; and (Signature of counsel)
.°°“.°’°" Plusl Addendum: (CA)
8. Qertification of non-forum shopping; and VERIFICATION AND CERTIFICATION OF NON-
b- Affidavit (AGPALO, supra at 352)- FORUM SHOPPING .
JURAT
Republicof the Philippines
REGIONAL TRIAL COURT (AGPALO, Isupra at 352)
National Capital Judicial Re9I°"
Branch 1
Manila
JOHN LLOYD DELA CRUZ.
Plaintiff,
; ‘L O
3
g
LEGAL FORM3
Legal and Judicial Ethics
NOTE: The affidavit is the foundation of the writ. The In WITNESS WHEREOF, I have hereunto
rules goveming the issuance of the writ are strictly affixed my signature on this 5"‘ day of March 2021 in the
construed against the applicant, such that if the City of Manila, Philippines.
requisites for its grant are not shown to be all
present, the court shall refrain from issuing it (Sgd.) John Lloyd Dela Cruz
_ Affiant
(Lorenzo Shipping Corporation v. Villarin, G.R. No.
175727, March 6, 2019, citing Ng Wee v. JURAT '
Tankiansee, G.R. No. 171124, February 13, 2008).
(RULES OF COURT, Rule 57) T
Contents: (VenTi-POSS-Ju)
1. Que;
. Tjtle; FORM NO. 50: COMPLAINT WITH
. Eersonal circumstances; APPLICATION FOR PRELIMINARY
. Qath; . INJUNCTION '
U'l<§(»>I\J §tatement of facts: (F-BANDS) " Related Rule: RULES OF COURT,'RULE 58
a. fact that case falls under Rule 57, Sec; 1; I
b. Willingness to post a §_ond; _ » - Kinds: ~ <
c. Amount due to the applicant is as much as 1. Prohibitory _
the sum for which the order is 9 ranted abbvV. 8 - Orderggranted at any stage. of an action or
all legal counterclaims; < , ., proceedingiprior to the judgment or final order,
d. No other sufficient security for theclairn; .- _ requiring a party or a court, agency or any
e. Qesignation of affiant in the case (petitioner, person to refrain_from a particular act or acts.
- plaintiff, etc.); and " . . * '
f. §ufficiency of cause of action; _ 2. Mandatory
6. §ignature; and 1 4 It may also require the performance of a
7. J_urat. ~
particular act or acts (RULES OF COURT, Rule
58, Sec. 1). _ .
Republic of the Philippines) , _ _ Contents: (CTI-BReVA2N)
City of Manila ) S.S. 1. Qaption (name of court, parties, docket no.); '
AFFIDAVIT FOR PRELIMINARY ATTACHMENT . ~
2, Iitle; ‘ j -
. jntroduction; 1"
' I, John Lloyd Dela Cruz, single, of legal age and -bf»). §ody;(PCG) '- g
a~resident of 20 San Miquel St., Quiapo, Manila, under a. Eersonal circumstances ofthe parties; _
oath declare that: b. Facts of plaintiff's complaint showing I115
1. I am the plaintiff in the case entitled gmj Qause of action; and
Llovd Dela Cruz vs. Angelica Panqilinan c. _§rounds for the issuance of-preliminary
docketed as Civil Case No.12l and injunction (e.g. the commission.
pending before the Regional Trial Court; continuance, or non-performance of the ad
2. A sufficie_nt cause of action exists against
the defendant named therein; during the litigation would probably Work
3. This action is one of those specifically injustice to the applicant).
mentioned in Sec. 1 of Rule 57 of the Qlief; j _
Rules of Court, whereby a writ for . yenue and date;
preliminary attachment may issue, to wit: . gtorney; ‘
An action for a sum of money against a o ~1o>g.:i Plus/Qdendum; and '
party who has removed his property in 9. Verification" and Certification of fl0I1'f°'“m
fraud of his creditors; shopping (AGPALO, supra at 362). ‘
4. There is no other sufficient security for the
claim sought to be enforced by the present
action; _
5. The amount due to the plaintiff is as much Republic of the Philippines
the sum for which an order of attachment REGIONAL TRIAL COURT
is sought to be granted, above a_lI legal National Capital Judicial Region
counterclaims on the part of the defendant; _ Branch 1 .
Manila
MEM/i3’~RY AID
O
I, John Uoyd Dela Cruz, of legal age and a resident JOHN LLOYD DELA CRUZ, j
of 20 San Miguel St., Quiapo, Manila, under oath declare Plaintiff,
that: .
1. I am the plaintiff in the instant action for the Civil Case No. 0967
delivery of personal property against the defendant - versus - For: Support Pendente Lite
entitled John Lloyd Dela Cruz vs. Anqelica Panqllinan
docketed as Civil Case Noi in the Re9i0nai Trial ANGELICA PANGILINAN
Court of Manila; ' Defendant.
2. I am the owner of said property. Partifiuiatiy
described as follows, to wit: x--------—--—--—-——x
Make & Type: Honda CRV COMPLAINT
Serial/Chassis No.123456 (With Applicatlon for Support Pendente Llte)
Motor No.123456
Plate No. XYZ321 _ COMES NOW the PLAINTIFF by the
undersigned, and unto this Honorable court, respectfully
3. The said personal property is Wl'°"9f"iiY avers that:
detained by the defendant without any lawful Cause 1. The plaintiff and the defendant are wife and
whatsoever; husband, respectively having been married in Q
Malate, Manila on June 5, 2018;
4. The said personal propettll has "°' bee" “Ike” 2. Out of this wedlock, 2 children were born,
for a tax assessment or fine pursuant to law. or seized namely Ellen Dela Cruz and Adarna Dela Cruz. "
under an execution, or an attachment against the 3. Since then, the marital relations between
property of the plaintiff; and plaintiff and the defendant were harmonious, until
December 17, 2020 when defendant frequently abused
5. The actual value of the said Pi'°PeFiY is Q-'l§ his wife and succumbed to alcohol and drugs that tainted
hlundred Twenty Thousand Pesos (P120. 000-oot their marital relations to the disadvantage of their two
children;
L
LEGAL FORMs
Legal and Judicial Ethics
T
" 4. In view of this infidelity on the part of the Court, except that the former deals with a Speciai
defendant, the plaintiff was compelled to live separately, subject matter which makesnecessary some special
with her minor children; regulation. - But the identity between their
5. The defendant eams a fixed monthly fundamental nature issuch that the same rules
income of EIGHTY THOUSAND (P80,000.00) PESOS;
while the plaintiff and her children have nothing and at goveming ordinary civil suits may and do apply io
present live on the charity of friends; special civil actions if not inconsistent with or if they
6. In view of the necessities of the plaintiff and may serve to supplement the provisions of the
her minor children, the sum of TWENTY-FIVE peculiar rules governing special civil
THOUSAND (P25,000.00) PESOS would be a actions (Philippine Deposit Insurance Corp. v. Court
reasonable amount for the support of the plaintiff and her of Appeals, G.R. No. 126911, April 30, 2003).
minor children, pendente lite;
7. The plaintiff, without her fault on her part,
was compelled to file for separate support, thereby FORM NO. 55: INTERPLEADER
having incurred the sum of FIFTEEN THOUSAND Related Rule: RULES OF COURT, RULE 62 T
(P15,000.00) PESOS by way of attomey's fees.
Definition: Complaint filed whenever conflicting
_ WHEREFORE, in view of the foregoing, it is claims upon the same subject matter are or may be
most respectfully prayed of this Honorable -Court that made against a person who claims no interest
after due notice and hearing, a judgment be rendered:
(a) Ordering the defendant to pay the
whatever in the subject matter, or an interest which
plaintiff the sum of TWENTY-FIVE THOUSAND (P25, in whole or.in part is not disputed by the claimants
000.00) PESOS per month; (RULES OF COURT, Rule 62, Sec. 1).
(b) That after due hearing on the principal
cause of this suit, the defendant be ordered to pay the PURPOSE; To compel conflicting claimants to
plaintiff by way of regular support and maintenanceof interplead and litigate their several claims among
the sum of TWENTY-FIVE THOUSAND (P25,000.00) themselves (RULES OF COURT, Rule 62, Sec. 1).
PESOS payable on or before the fifth day of each month.
(c) That plaintiff recover: from the Requisites: (CSN) '
defendant the sum of FIFTEEN THOUSAND
(P15,000.00) PESOS for attomey's fees, and the cost of 1. . When there are Conflicting claims;
this suit. ' I’ I 2. Upon the same §ubject matter; and '
3. The claim is made against a person who has No
City of Manila, March 1; 2021." - ‘ interest in the‘ subject matter, or an interest
_ which in whole or in part is not disputed by the
(Signature oficounsel) ' claimants (RULES OF COURT, Rule 62, Sec.
1): _ . .
VERIFICATION AND CERTIFICATION, OF A
NON-FORUM SHOPPING . Contents: (CTl=BReVA2)
‘ JURAT
1.: Qaption (name of court, parties, docket no.);
2. ]_"itle;
introduction; 9 - .
(AGPALO, supra at 3&1) ew. §_ody: (P2C3)
a. Personal circumstances;
=b. Possession of the plaintiff ofthe pfOp8i'iY
(including circumstances leading t.°
SPECIAL CIVIL possession);
ACTIONS c. Defendants Qlaim that they are the owners;
d. Plaintiff cannot detemiine the Conflicting
claims; . I
e. Qause of action for interpleader I
SPECIAL CIVIL ACTION . Belief; - .
Aspecial civil action is a kind of action which are . yenue and date;
govemed by its own special rules, particularly Rules . Attomey; and
®\|O>U'I . Plusl Addendum
62 to 71 of the 1997 Rules of Civil Procedure, and
such other actions as may be declared by the Certification of non-forum shopping (AGPALO.
supra at 387). ’
Supreme Court (RIANO, Civil Procedure: The Bar
Lecture Series, Vol. ll (2016), pp. 122-126
[hereinafter 2 RIANOJ).
Republic of the Philippines "
NOTE: Aspecial civil action is not essentially REGIONAL TRIAL COURT
National Capital Judicial Region
different from an ordinagi civil action, which is Branch 1
generally govemed by Rules 1 to 56 of the Rules of Manila
1*’
.l.4. .i.5. P.l.'. i-.7. :i. .i. Y. .A.!. .'3.>. . . .
FORM NO. 56: ACTION FOR
JOHN LLOYD DELA CRUZ, DECLARATORY RELIEF
Plaintiff,
Related Rule: RULES OF COURT. RULE 63
A Special Civil Action No. 12345
- versus -I Definition: A petition filed by any person interested
under a deed, will, contract, or other written
SHAINA MAGMAYAO and instrument, or whose rights affected by a statute.
ANGELICA PANGlL_lNAN. executive order or regulation, ordinance or any other
Defendants. governmental regulation (RULES OF COURT. Rule
x--——-.-——-—-—-x 63, Sec. 1). '
COMPLAINT .
Requisites: (SANDRA)
Plaintiff, through the undersigned counsel, 1. The §ubject matter of the controversy must be a
respectfully avers that: v deed, will, contract or other written instrument,
statute, _executive order or regulation, or
1. Plaintiff JOHN LLOYD DELA CRUZ, of ordinance;
legal age, single, and a resident of 1 Recto Ave 2. There must be an Actual justiciable controversy
Manila; defendants Shaina Maqmayao and Anqelica or the “ripening seeds" of one between persons
Pangilinan are of legal age, single, and residents of_1_1 whose interests are adverse;
Recto Ave., Manila; while defendants SHAINA 3. There must have been No breach of the.
MAGMAYAO and ANGELICA PANGILINAN are of
legal age, single, and a residents of 22 Recto Ave.,
documents in question; _
4. The terms of said documents and the validity
Mam: thereof are Qoubtful and require judicial
2. On or about Februagy 08, 2021, the plaintiff
found a gold ring inside San Beda College Mendiola, construction;
Manila, without knowing who its true owner is; 5. The issue must be Ripe for judicial
3. The said personal property is now in the determination (exhaust all administrative
possession of the plaintiff; remedies); and
4. On or about March 10, 2021, the 6. Adequate relief is not available through other
defendants presented themselves to the plaintiff, each means or other forms of action or proceeding
claiming to be the true and exclusive owner of the (Almeda v. Bathala Marketing Industries lnc.,
property in question;
5. The plaintiff, who claims no interest
G.R. No. 150806, January 28, 2008).
whatsoever in the subject matter of this action, cannot
determine the conflicting claims of the defendants;
6. The plaintiff brings this action against the Republic of the Philippines »
conflicting claimants to compel them to interplead and REGIONAL TRIAL COURT
litigate their several claims among themselves. National Capital Judicial Region
Branch 1
WHEREFORE, it is respectfully prayed of this Manila _
Honorable Court:
a. To issue an order summoning the JOHN LLOYD DELA CRUZ,
defendants to interplead with one another so as to I Plaintiff,
determine their respective rights and claims; and
b. Such further orders that are just and Special Civil Action No.12345
equitable in the premises - versus - - LEGALFORMS
City of Manila, Philippines, May 15, 2021. H.E. PRECY DENTE,
In HIS capacity as President
(Signature of counsel) of the Republic of the Philippines;
ATTY. SHEKRIE TARIA, in her capacity
VERIFICATION AND CERTIFICATION OF - ~ as Execuiive secremy; and
NON-FORUM SHOPPING WALLY BADYET, in his capacity as
Secretary of the Department of Budget
JURAT ' and Management,
Defendants.
X-'“'-"'g----—-—--~-—-Q--X
(AGPALO, supra at 387)
» LEGAL FORMS
PROOF OF SERVICE
(GUEVARA, supra at 295) I
“Del
.
_ pa C ruz"), by counsel respectfully states:
1: PREFATORY STATEMENT -
ll;
.l:i. E. i.l.:§.:B. Y. .4-3~.l. |Z.>.
processes of this Honorable Court at 1 Recto Ave., speedy, and adequate remedy in the ordinary course
MEIE- of law (RULES OF COURT. Rule 65. Sea 2)-
TIMELINESS OF THE PETITION Contents:
5. On February 3, 2021, Pangilinan received
1. Allegation of facts with certainty; and _
me Notice of Decision/Order/Resolution Entered and 2. Prayer that judgment be rendered commanding
the Decision dated Februa 1 2021 of public the respondent to desist from further
respondent Erringle. proceedings in the action or matter_sp_ec|fied
6. There is no appeal, or any plain and therein, or othenivise granting such incidental
speedy remedy in the ordinary course of law other than reliefs as law and justice may require (AGPALO,
the instant petition. supra at 425).
7. Under the foregoing circumstances,
petitioner Dela Cruz is constrained to file this Petition for Accompanied by: (TPS)
Certiorari for the consideration of this Honorable Court. 1. Certified Irue copy of the subject judgment,
order or resolution;
From the foregoing, Pangilinan has sixty_(60) days 2. Copies of all Pertinent and relevant pleadings
from February 1, 2021, or until April 1, 2021, within
which to file the instant Petition for Certiorari. and documents; and
3. §worn certification of non-forum shopping
STATEMENT OF FACTS AND PROCEEDINGS (RULES OF COURT, Rule 65, Sec. 2).
- STATEMENT OF ISSUES
Republic of the Philippines
GROUNDS RELIED UPON FOR ALLOWANCE OF COURT OF APPEALS
WRITS PRAYED FOR Manila
DISCUSSION JOHN LLOYD DELA CRUZ.
(Discuss the grounds relied upon. Place in separate Petitioner,
subsections if there is more than one ground) ‘
" CA-G.R. SCA No. 12345
WHEREFORE, premises considered, - versus- For: Prohibition under
Petitioner respectfully prays that this Honorable Court Rule 65 of the ROC
annul, reverse and set aside the Decision of the
Regional Trial Court of Manila, Branch 4, denying the HON. JUAN PONCE ERRINGLE
petition for legal separation. . As Presiding Judge, Branch O1, Manila, and
ANGELICA PANGILINAN,
Other reliefs as may be just and equitable are Respondents.
likewise prayed fer. x —--------------- x
City of Manila, Philigpines, March 30, Z021. PETITION FOR PROHIBITION
(Signature of counsel) PETITIONER JOHN LLOYD DELA CRUZ
(hereinafter “Dela Cruz"), by counsel respectfully states:
VERIFICATION AND CERTIFICATION OF NON-
FORUM SHOPPING This is a Petition for Prohibition under Rule 65
of the Rules of Court, respectively, seeking the reversal
JURAT of the Order rendered on 1 February 2021, denying the LEGALFORMS
Motion to Dismiss for lack of jurisdiction over the subject
PROOF OF SERVICE matter.
(AGPALO, supra at 420)
1. Petitioner Dela Cruz, of legal age, Filipino,
with residence at 1 Recto Ave., Manila. He is the
FORM NO. 58: PETITION FOR defendant in Civil Case No. 12345, Branch 1, RTC
PROHIBITION Manila. Dela Cruz may be served with notices, orders,
resolutions and other processes of this Honorable Court
Related Rule: RULES OF COURT, RULE 65, Sec.
through the undersigned counsel at the address
2 indicated below. Public Respondent Honorable Judge
Juan Ponce Erringle is the judge that issued the
Definition: A verified petition filed _when the assailed‘ Decision. Private respondent. Angelica
Proceedings of any tribunal, corpo_ratio_n, board. Pangilinan is the plaintiff in Civil Case No. 12345. She
Officer or person, whether exercising judicial. ql-'a5_" may be served with notices, orders, resolutions and
ludicial or ministerial functions, are wltheul OF I" other processes of this Honorable Court at 33 Recto
excess of its or his jurisdiction, or with 9'3" abuse Ave., Manila."
Of discretion amounting to lack or excess _of
2. On Februa s 2021, Dela cruz received
the Notice of the Decision entered and the Decision
jurisdiction, and there is no appeal or any other plain,
,~@
, LEGAL FORM$
Legal and Judicial Ethics
i
Na
3
L G
‘ LegalEan:JlddIi€:2l%t*c§
(AGPALO, supra at 435)
same date a Real Estate Mortgage on his lot located '
Manila City covered by TCT No Hi of the Re '$tm
FORM NO. 61: COMPLAINT FOR 1 '
NOTE: This is a Special Civil Action under the Rule on Summary Procedure within the Exclusive Origina|
Jurisdiction of the MTC. ‘ l '
SIGNATURE OF COUNSEL I ‘
VERIFICATION AND CERTIFICATION OF NON-FORUM SI-IOPPING I Addendum ‘ :|
JURAT '
jw
MEMORY AID A
$mBednUr\lverItyColegeofLaw-RGCTBar0peratior\acgm_qr
\
FORM NO. ea: COMPLAINT St. Marlveles, Bataan, and now leased and occupied by
UNLAWFUL DETAINER FOR the defendant; _
3. That the defendant leases and occupies the
Related Rule: RULES OF COURT, RULE 70 said building under the express obligation of paying _a
rent of P15,000.00 a month, payable in advance WIII’lIl'I‘
Definition: A complaint filed by a person whose |and the first five (5) days of each month;
or building is unlawfully withheld by another person 4. That the defendant has not paid the rents for
whose right I0 P055855 has expired or terminated by the said building for the month of Janua and Februa _
virtue of any contract and which must be filed at any of the current year; _
time Wilhl" °"5 (1) year after such withholding of . 5. That furthermore, the defendant has failed
pO$S8SSl0l‘l (RULES OF COURT, Rule 70, Sec.1). to comply with the conditions of his lease, namely: The
monthly rental shall be FIFTEEN THOUSAND PESOS
(P 15, 000), Philippine Currency, to be paid by the
NOTE: This is a Special Civil Action under the Rule LESSEE at the office of the LESSOR on or before the
on Summary Procedure within the Exclusive Original fifth (5th) day of each and every month, plus one per
Jurisdiction vested with the MTC (RULE$ QF centum (1%) surcharge per month for the payment of
COURT, Rule 70, Sec. 3). i rentals made after the 5th day of the month due. lt is
expressly agreed and understood that the payment of
Material Averments ' the rental herein stipulated shall be made without the
A complaint sufficiently alleges a cause of aqion for necessity of express demand and without delay on any
unlawful detainer if it recites the following: ground whatsoever. .
. 6. That the plaintiff has demanded of the
1. Initially, possession of property by the defendant defendant several times to vacate the above premises
was by contract with or by tolerance of. the and to pay his back rents, now amounting to P30 000
plaintiff; _ the last demand for payment having been made on him
2. Eventually, such possession became illegal personally and in writing on March 1, 2021 or more than
upon notice by plaintiff to defendant of the five daysbefore the filing of this complaint.
temwination of the latter’s right of possession;
3. Thereafter, the defendant remained in » WHEREFORE, premises considered, plaintiff
possession of the property and deprived the respectfully,-prays from this Honorable Court: "
(a) That restitution of the above-mentioned
plaintiff of the enjoyment thereof; and _ premises be granted to plaintiff; and
4. Within one year from the last demand on (b) For the payment of P60,000, representing
defendant to vacate the property, the plaintiff the arrears of rent now overdue, with legal interest from
instituted the complaint for ejectment (Zacarias the filing of this complaint, and costs of this suit.
v. Anacay, G.R. No. 202354, September 24, Other reliefs that may be just and equitable are
2014). likewise, prayed for. »
Jurisdiction vested with the MTC (RULES OF I 000.00) representing the value of the fence and the
COURT, Rule 70, Sec. 3). mango trees. Receipts for the construction of the fence
as well as the 'expenses incurred in maintaining ihé
Important Allegations mango trees are here attached as ANNEX "A_"
The plaintiffs must allege and prove that: WHEREFORE, premises considered, plaintiff
1. They have prior physical possession of the respectfully prays from this Honorable Court:
PI'°P°l'IY; (a) For the restitution of the abovementioned
2. That they were deprived of possession either by premises be granted to plaintiff; and
force, intimidation, threat, strategy or stealth; (b) For the, payment of damages, attomeys
and fees and cost of suit 4
3. That the action was filed within one (1 ) year from Other reliefs that may be just and equitable are
the time the owners or legal possessors learned likewise prayed for. -
of their deprivation of the physical possession of Quezon City, Metro Manila, March 24, 2021,
the property (Mangaser v. Ugay, G.R. No.
204926, December 3, 2014). ' (Signature of counsel)
- versus - * '
SCA No. 12345 APPEALS
t ~F0i'I Forcible Entry
Rule: It is the duty of the Appellant to file the Republic of the Philippines
Appellant's Brief with the appellate court within fofty- COURT OF APPEALS
five (45) days fromreceipt of the notice of the clerk Manila
that all the evidence, oral and documentary are
attached to the record, seven (7) copies of his legibly' JOHN LLOYD DELA CRUZ,
typewritten, mimeographed or printed brief, with Plaintiff- Appellant,
proof of service of two (2) copies thereof upon the CA-G.R. No. 12345
appellee (RULES OF COURT, Rule 44, Sec. 7). - versus - For: Sum of Money
Essential Parts: (SAC-FIAP) ANGELICA PANGILINAN,
1. §ubject Index Defendant- Appellee.
- It facilitates the review of appeals by x ------------_-----_ X
providing ready reference, functioning much
APPELLANT'S BRIEF
like a table of contents; _ I
Plaintiff-Appellant, by counsel land to this
2. Assignment of Errors Honorable Court respectfully files his brief for the
- Enumeration by appellant or plaintiff in appellant.
error of the errors alleged to have been
SUBJECT INDEX
committed by the court below in the trial of the
case upon which he seeks to obtain a reversal 1. Arguments: Digest arguments in each
of the judgment or decree; assigned error, and make reference to pages.
2. Table of cases cited, alphabetically
3. Statement of the Qase _ arranged, with reference to pages.
- Gives the appellate trib_unal an overview of 3. Table of statutes cited, with reference to
pages where they are cited. , A
the judicial antecedents of the case, providing
material information regarding the nature of the ASSIGNMENT OF ERRORS
controversy, proceedings of the trial court,
orders and rulings elevated on appeal, and the The trial court committed the following errors,
judgment itself; - as follows: (List all assigned ermrs, separately,
distinctly and concisely, in the order in which they will
be discussed.)
I 3
LEGAL FORMs
Legal and Judicial Ethics
PROOF OF SERVICE
_ \ /
MEMORY AID
SI\ Bid! UVVWWY COBQQ 0| Law ~ RQC1 98 ooomwn. ‘hm’
JOHN LLOYD DELA CRUZ, . The issues raised in this petition are:
Petitioner, ' (Enumerate only issues of law)
THE PARTIES
City of Manila, Philippines, May 13, 2021.
(Signature of counsel)
Petitioner John Lloyd dela Cruz, of legal aqg.
single, and a resident of _Wh'|e
respondent Angelica Pangilinan is of leqal aqg, singl_e.
and a resident of flj§
\
LEGAL FO
Legaland Judicialgmg
l
E
VERIFICATION AND CERTIFICATION OF NON- thence N. 87 deg. 09' E., 13.88 m. to point 2-
FORUM SHOPPING thence S. 3 deg. 14' E., 17.64 m. to point 3; I
thence S. 88 deg. 01’ W., 13.88 m. to point 4-
JURAT A ‘ thence N. 2 deg. 48' W., 2.45 m. to poini 5; '
thence N. 4 deg. 05' W. 8.43 m. to point 6; I
duly authorized for the purpose, the "parties “may with approximate value of P8,286,000.00.
without securing letters of administration, divide the ~ 4. That the deceased also left personal
estate among themselves asvthey see fit by means properties, consisting of: Mercedez Benz 300TE
of a public instrument filed in the office of the register Wagon, Honda Clvlc 1997 Model, and 30K Gold
of deeds (RULES OF COURT,» Rule 74, Sec. 1). Necklace, with total value of P2,050,000.00.
5. That a true copy of the Extra Judicial
Settlement has been published .
6. That the parties herein have adjudicated the
KNOW ALL MEN BY THESE PRESENTS: estate of the decedent among themselves and they
have agreed, as they hereby agree, to divide the parcels
That Ernesto Cruz, -Josefa Cruz, and Maria of land and the personal properties equally among
Cruz, of legal age, single, Filipino citizens and with themselves, by partitioning the parcels of land and
residence at 34 San Nicolas St. Mariveles, Bataan selling the personal properties, with the value thereto to
hereby voluntarily: A_ be divided equally among them.
7. : That to implement this extra-judicial
DECLARE AND MANIFEST: ' -I settlement, the parties have authorized, Ernesto Cruz,
theeldest son of the decedent, as attomey-in-fact to sell
1. That they are the legitimate children and said personal properties, to hire a surveyor and partition
sole heirs of their father, Don John Llgydtgriz, who the parcel of land into three parts, each part to be given
died on Januag 16, 2021 at the Municipality of to each of them, and to do all acts that may be required
Mariveles, province of Bataan, which was his
to implement this extra-judicial settlement. i
residence at the time of his death.
2. That to the best knowledge of the parties 8. That the parties herein have agreed to
equally shoulder the taxes required to be paid to the
said‘ decedent died without_any debts and without
leaving any will, and the only surviving heirs are above- govemment, all cost and expenses of selling the
mentioned Ernesto Cruz, Josefa Cruz and Maria Cruz. personal properties and of partitioning the parcel of land
3. That the deceased left the following real among them, registering the partition to the end that
property: ' each of them will get certificates of title of the portions
adjudicated to each of them, and all other expenses that I
A parcel of land (Lot 3, Block 1 of the maY be entailed to carry out this extra-judicial
subdivision plan (LRC) Psd-11111, being a portion of settlement. '
Lot 1-B, described _0n plan Psd-12222, LRC (GLRO) 9. That attached hereto is a bond and filed with
Rec. No. (NA), situated in the 34 san Nicolas St." the said register of deeds, in an amount equivalent I0 I
Mariveles, Bataan. Bounded on the N., points 1 to 2 by the value of the personal property involved as certified
Lot 1, Block 1; on the E., points 2 to 3 by Road Lot; on to under oath by the parties hereto and conditioned
the S., points 3 to 4 by Lot 5; and on the W., points 4 to U90" the payment of any just claim that may be filed
5 by Lot 6; points 5 to 6 by Lot 4, and points 6 to 1 by under Section 4 of Rule 74 of the Rules of Court.
Lot 2, all of Block 1, all of the subdivision plan.
Beginning at a point marked “1" on the plan, being N. 14 IN WITNESS THEREOF,’ the parties have
deg. 20' E., 53.29 m. from Mon. #1, Mariveles, Bataan, affixed their signatures hereto on March 3, 2021 3‘
Mariveles, Bataan.
t.4. '.i. . ".i.:§.:.l. 3. Y. .A.l. '€.>. . Material Averment: That the gross value ofdthg
(Sgd-) ET"e$I° CTUZ (Sgd.) Josefa Cruz
estate of a deceased person, whether he led
(Sgd.) Maria Cruz testate or intestate, does not exceed ten thousan
pesos (PhP10,000) (RULES OF COURT, Rule 74,
signed in the presence of: Sec. 2). , .
(Sgd.) Vea Alonso (Sgd.) Maja Blanca Salvador Related Rule: RULES OF COURT, RULE 74
. E
’ (a) After notice to all interested parties, and JUNAKIZ DELA CRUZ in his capacity
the publication in a newspaper of general circulation of as the named Executor in the
this petition, and after due hearing in accordance with last will and testament of the late
law, this Honorable Court proceed summarily, without Don John Lloyd Dela Crui
the appointment of an executor or administrator, and to
apportion, divide, and award the above e state among Petitioner,
SP. Proc. No.
the lawful heirs of the deceased, after the payment of
just debts; - ~ x--~-- --W-__>< E
( b) The costs of these proceedings be PETITION
apportioned among the several heirs in accordance with
the value of the estate that may be awarded to each
respectively; ' The Petitioner thru counsel respectfully avers
the following:
(<1) And such further orders be made as may 1. On October 20, 2015 deceased 00,,
be deemed just and equitable.
John Lloyd dela Cruz died in the City of Manila then
l Manila City, Philippines, March 1, 2021. residing at 7 San Lazaro St., Sampaloc, Manilg
which was his residence at the time of his death,
(Signature of counsel) J leaving a will, true copy of which is attached hereto as
Annex “A"' an d ma de an integral part hereof.
2. Th at the petitioner, of legal age, and
VERIFICATION 8| CERTIFICATION OF NON-FORUM
SHOPPING resident of 111 Recto Ave., Manila, is the executor in
said will, '
: V: 3. The subscribing witnesses to the will are:
(GUEVARA, supra at 306) . I Name . , » Address -
Vea Alonso i , -6. 6 Legarda St Sampaloc, Manila
FORM No. 10: PROBATE OF WILL ' Maja Blanca Salvadqr 13 Tayuman St. Manila
Related Rule: RULES OF COURT, RULE 76 Shainalvlagmayao 7 Mendiola, Manila ~
./I‘
___. »?
1"
M§M'§;IiY,AlPm.-..
1. Petitioner. ol legal age. a resident of, is the The petitioner, thru the undersigned counsel.
Grandfather of the minor Junakiz dela Cruz; respectfully represents that:
2. Said minor at the time of the fi|ing'ol this
petition, is 14 years of age, and is a resident of #123, 1. Petitioner and the respondent are both of
2"‘ Street, San Miguel, Manila age, and residents of #246, 3"’ Street, Recto Avenue.
3. Junakiz Dela Cruz the only surviving Manila _
daughter of the deceased spouses dela Cruz. who it 2. Petitioner, in whose behalf this application
on Agril 19, 2021-, is being made, is actually restrained of her liberty by
4. Junakiz Dela Cruz is seized of the the respondent at the latter's residence at #123,
following real and personal property; Bambanq, Bocaue, Bulacan __
5. Due to her minority, it is for the best 3. This restraint of liberty of the petitioner
interest that a guardian over her person and consists of the following:
grogm be aguinted;
6. The names, ages and residences of the (State facts constituting the illegal
relatives of Junakiz Dela Cruz within the 4"‘ civil degree confinement)
of said minor, and of persons having her in their custody
are as follows: 4. Such restraint of liberty of the petitioner by
respondent is without any legal authority;
(State names and residences of such relatives) , 5. Petitioner, through counsel, has
exhausted all efforts available at law, and that he has no
7. Petitioner is possessed oi all the other plain, speedy, and adequate remedy to protect his
qualifications set forth in A.M. O3-02-O5-SC, Sec. 5 on personal rights except by his application for a Writ of
the qualifications of guardians. Habeas Corpus. '
WHEFORE, it is respectfully prayed that, upon WHEFORE, petitioner prays that a Writ of
due notice and hearing, and upon the giving of such bond Habeas Corpus be issued by This Honorable Court.
as this Honorable Court may direct, Petitioner be appointed directed to Taga Sundo commanding the latter to produce
guardian of the person and estate of the minor the body of Miss lng before this Court _at the time and place
i ' \
therein specified, and to summon the respondent Q
Nagger then and there to appear to show cause of the
(Venue, date, signature) detention of said Miss lng; and that after due proceedings,
Miss lng be restored to her liberty and forthwith discharged
(Signature of counsel) from confinement.
FORM NO. 74: PETITION FOR HABEAS (GUEVARA, supra at 32; A.M. N0. 08-1-16-SC)
CORPUS
Related Rule: RULES OF COURT, RULE 102
LEGAL FORMS II
Legal and Judicial Ethics
- versus - _
Gen. Manny Nindak,
In his capacity as head of the
J
Armed Forces of the Philippines,
Respondent.
x s x
6. I Title I
PETITION FOR WRIT OF AMPARO
RELIEFS - E
Petitioner respectfully mov f th ' ~ . .
available under the Rule on the Writ :?A:par?:i
_ lisfgififailf me protective reliefs
Pto Col y:Pedro Santos for the
a. f¢n INSPECTION ORDER directed
inspection
. - o Cell,
. . in the AFP Headquarters
_ . Cam “
p Aguinaldo, Cubao, Quezon
gggtzgfgéhe ‘"°t'm was 5*-'PP°$edly held in custody prior to the filing of this
n b. fAmPRODUCTlON ORDER directed to Col Angelo Angeles for the
Pl’°dU° '°" 0 9 victim's laptop. cellphone, wallet, and other personal effects
which were in his possession at the time of his disappearance I
_ In support of the motion for the issuance of an Inspection Order and
Pl'0d_"CB0" Older. Petitioner respectfully adopts the affidavits of the witnesses,
which are hereto attached as Annexes “G, H, and |". ‘
WHEREFORE. petitioner prays that this Honorable Court: I
\
adoptive parent, Ampon lzmi when she was a aver the acts or omissions constituting the
child;
4. That the same has caused great oonfusion and offense, and specify its qualifying and
di1TlCuiIy in petitioner's social and business aggravating circumstances. If there IS no
dealings; designation of the offense, reference shall be
5. That it is petitioner's desire to chan ii made to the section or subsection of the statute
I0 Yflll. and her last name to lzmlg:ndeb2rf:IfI1c;:Ile punishing it (Id. at Sec. 8).
named Yazz Izml. ‘ ' y 3. The acts or omissions complained of as
constituting the offense and the qualifying and
RELIEF aggravating circumstances must be stated in
WI-IEREFORE, it is respectful!
notice and hpaaring
court and ublicat'ion "in accordance
Y pramwiththat
the afl°'
Rulesdue
of
ordinary and concise language and not
necessarily in the language used in the statute
(State clearly the reliefs desired) but in terms sufficient to enable a person of
common understanding to know what offense is
being charged as well as its qualifying and
(Place, date, signature) I aggravating circumstances and for the court to
pronouncejudgment (Id. at Sec. 9).
(Proof of sen/ice) 4. The complaint or information is sufficient if it can
be understood from its allegations that the
(SUAREZ, supra at 341) offense was committed or some if its essential
ingredients occurred at some place within the
jurisdiction of the court, unless the particular
place where it was committed constitutes an
essential element of the offense charged or is
CRIMINAL ACTIONS necessary for its identification (Id. at Sec. 10).
Institution of Criminal Actions:
1. Offenses where preliminary investigation is
Complaint is a swom written statement charging a required -'- file the complaint with the proper
person with an offense, subscribed by the offended officer for the purpose of conducting the
party, any peace officer, or other public officer preliminary investigation (RULES OF COURT,
charged with the enforcement of the law violated Rule 112).
(RULES OF COURT, Rule 110, Sec. 3).
2. Essential Parts of a Complaint where
lnforrnation is an accusation in writing charging a preliminaryinvestigation is required: (CHO-
person with an offense, subscribed by the BCO-CJ) *
prosecutor and filed with the court (Id; at Sec. 4). a. Qaption
b. Reading
Sufficiency of Complaint or Information ~ » , c. Qpening Sentence
1. Name of the accused; i. Rody alleging facts. or omissions
2. Designation of the offense given by the statute; constituting a crime;
3. Acts or omissions complained of as constituting ii. Qontrary to law; -
an offense; iii. Qath of complainant with his/her
4. Name of the offended party; signature;
5. Approximate date of the commission of the iv. Qertification of the Prosecutor; and FORMS
LEGAL
offense; v. gurat (RULES OF COURT, Rule 112,
6. Place where the offense was committed; and Sec. 3) I
7. When an offense is committed by more than one
person, all of them should be included (RULES 3. All other offenses (RULES OF COURT, Rule
OF COURT, Rule 110, Sec. 6). 110) - file the complaint or information directly
with the MTC and MCTC or the complaint with
NOTES: _ the prosecutor's office. In Manila and other
1. The complaint or information must state the chartered cities, the complaint shall be filed with
name and surname of the accused or any the office of the prosecutor unless otherwise
appellation or nickname by which he has been provided in their charters.
or is known. if his name cannot be ascertained,
he must be described under a fictitious name Essential Parts of Direct Filing of Complaint:
with a statement that his true name is unknown (CHOBS-J)
. S .7 . 1. Qaption;
2 g!:eatcoi$1(plai)rit or information shall state the 2. Reading;
designation of the offense given by the statute, 3. Qpening Sentence;
\
LEGAL FORMS
Legal and Judicial Ethics
FORM NO. 79: CRIMINAL COMPLAINT SUBSCRIBED AND SWORN to, before me this
19"‘ day of A ril 2021.
Related Rule: RULES OF COURT, RULE 110
S d. Ethel Boomai
Prosecutor
SAMPLE CRIMINAL
_ COMPLAINT
- Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
, BRANCH 4
Republic of the Philippines Quezon City
Court
Judicial Region ~ PEOPLE OF THE PHILIPPINES,
Branch and Branch Number Complainant, r
' Cig/Province I
Approved:
AKUSADO MARUDO,
Accused. Y FORM NO. 80: CAPTION OF CRIMINAL
x iii x
COMPLAINT REQUIRING PRELIMINARY
INFORMATION INVESTIGATION '
The undersigned accuses Akusado Marudo
of the crime of , committed as follows:
I' Republic of the Philippines A
OFFICE OF PROVINCIAL (OR CITY PROSECUTOR
(Set out the time and place when *~and_ where
the crime is committed, and the facts constituting the OR OMBUDSMAN. OR COMMISSION ON
offense, where all the elements thereof must be alleged ELECTIONS, AS THE CASE MAY BE)
in the complaint; if other private crimes are charged, the
INA BUSO, g I
elements thereofas shown by the facts must be alleged.‘
always consult with the definition and elements of the Complainant, _
crimes as shown by the specific provisions of the
Revised Penal Code. ‘ I.S. No. -
- versus - _
The infomiation must also allege the qualifying AKUSADO MARUDO,
and aggravating circumstances; the damage caused to
the complainant or the heirs of the victim. If they are not Respondent.
alleged, even if they are proved during the tnal, the X--------------x ,
same cannot be appreciated 88 f0 qua/if)’ OF @9QFa\/aft?
the offense, as the case may be.) COMPLAINANT, with residence at 20 Recto Ave
M. hereby accuses AKUSADO MA
crime of (state the crime), committed as fQ||Qw$; ,.
' Contrary to law.
iSgd.) Ethel Boomai (Narrate how the crime was committed)
Prosecutor
(AGPALO, supra at 642) \ s
VERIFICATION
I 3
LEGAL FORM$
Legal and Judicial Ethics
FORM NO. 81: JURAT OR OATH OF 5. I am executing this sworn statement forthe
CRIMINAL COMPLAINT OR AFFIDAVITS purpose of charging the respondent with having violated
B.P. Big. 22.
OF WITNESSES BEFORE THE
PROSECUTOR City of Manila, Philippines, March 211304
BAIL RECOMMENDED: P
(or not recommended)
Republic of the Philippines
REGIONAL TRIAL COURT (GUEVARA, supra at 420)
National Capital Judicial Region
Branch_1 FORM NO. 91: INFORMATION FOR
City of Manila ‘
ABDUCTION WITH CONSENT
Related Law: REVISED PENAL CODE, Art. 343
PEOPLE OF THE PHILIPPINES,
Plaintiff, Important Allegations:
1. That the victim is a virgin over twelve and under
. Criminal Case No. 1234 eighteen years of age; _
- versus - _ For: Forcible Abduction
2. That she was taken with her consent; and
3 . That the taking was with lewd designs (REYES,
AKUSADO MARUDO, ' supra, at 940).
_ Accused,
XE---x
FORM NO. 92: INFORMATION FOR "
ABDUCTION WITH RAPE
INFORMATION
Related Law: REVISED PENAL cope, Art. 342-
The undersigned Assistant City Prosecutor, upon 343 _
swom complaint originally filed by the offended party,
accuses AKUSADO MARUDO of the crime of
FORCIBLE ABDUCTION committed as follows:
Republic of the Philippines
REGIONAL TRIAL COURT
That on or about June 8, 2020, in the City of National Capital Judicial Region
Manila, Philippines, within the jurisdiction of this
Court, the said accused willfully, unlawfully and Branch 1
feloniously abducted a woman named INA BUSO, by City of Manila
then and there taking and carrying her away from her PEOPLE OF THE PHILIPPINES,
dwelling, against her will and with lewd designs. Plaintiff,
Cig of Manila, Philippines, March 3, 2021.
-versus-
' crim‘ Case 0'
For: Abduction 1234Rape
with
Contrary to law.
AKUSADO MARUDO and UMA BUSO
‘ I Accused, "
. (Sgd.) PROSEC CUTIE X: "- _‘7:' '7 '7 ' *7’ ' 7 X
Assistant City Prosecutor
' INFORMATION
CERTIFICATION OF PRELIMINARY
INVESTIGATIONIOR CONDUCT OF INQUEST The undersigned Assistant C‘ P
upon sworn complaint originally filed bIIyihercesi§§:',§°[;
SUBSCRIBED AND SWORN to before me
this 3"‘ day of March, 2016 in the City of Manila-
pang/. accuses AKUSADO MARUDO and um BU§°
o e crim fABDUC R T . e
as follows: e O - -"ON WITH RAPE, committed
(Sgd.) PROSEC CUTIE
Assistant City Prosecutor That on or about J 3 - .
Manila, Phlllpplnes, withi onn Ih°.&b@
Approved: the above-named accused COI'lSpirin to ms °°"'1.
mutually aiding one another and b g ogether and
(Sgd.) ETHEL BOOMAI violence, intimidation, and threats dIiIdIIIieearIIsa °(I II-Irce.
' n er9.
_
LEGAL FORM$
Legal and Judicial Ethics
and with lewd and unchaste designs willfully, unlawfully, x--— e -- '*.*x
and feloniously take and carry away INA BUSO,
galnst her will from the house of her parents, and - ' INFORMATION
once said accused was in possession of the said
INA BUSO, by means of force, violence, The undersigned Assistant city
Intimidation, and threats, did then and there, Prosecutor, upon swom complaint originally filed by
willfully, unlawfully, and feloniously had camal the offended party, accuses AKUSADO MARUDO
knowledge of her against her will. of the crime of ARSON, committed as follows;
City of Manila, Philippines, March 3, 2021. That in orabout June 8, 2020, in the gig
of Manila, Philippines, within the jurisdiction of
Contrary to law. ' this court, the said accused did then and there,
willfully, unlawfully, feloniously and
maliciously, set on fire a house belonging tq
(Sgd.) PROSEC CUTIE INA BUSO knowing to be occupied at the time
Assistant City Prosecutor by one or more persons.
I
CERTIFICATION OF PRELIMINARY . City of Manila, Philippines, March 3,
INVESTIGATIONIOR CONDUCT OF INQUEST 2021. -
SUBSCRIBED AND SWORN to before me this A Contrary to law.
3"‘ day of March 2021 in the City of Manila.
_ (Sgd.) PROSEC CUTIE
(Sgd.) PROSEC CUTIE Assistant City Prosecutor
Assistant City Prosecutor
I
7 ' ' CERTIFICATION OF PRELIMINARY
Approved: I ‘ ' . _ . INVESTIGATIONIOR CONDUCT OF INQUEST
(Sgd.) ETHEL BOOMAI - SUBSCRIBED AND SWORN to before,
City Prosecutor me this 3"‘ day of March 2021 in the City of
Manila. i
WITNESSES:
l
WITNESSES: ‘ . I
BAIL RECOMMENDED: P__i_____ (or
not recommended) . A (Sgd.) VEA ALONSO ~
24 Jupiter St., Makati City, Philippines I
(GUEVARA. supra at 421) y (Sgd.) MAJA BLANCA SALVADOR
32 Sampaloc St., Manila, Philippines
FORM NO. 93: INFORMATION IN
ACTION FOR ARSON BAIL RECOMMENDED: P i I
Related Law: P.D. No. 1613 (Amending the Law on (or not recommended)
Arson)
(GUEVARA, supra at 424)
City of Manila
Important Allegations: _
PEOPLE OF THE PHILIPPINES, 1- That the woman is married: t
P/aimifr, 2. That she has sexual intercourse with a marl "°
her husband; and Y
CFim- C356 N°- 1234 3. That the man whom she had sexual intercourse
-versus- F°'5 A'5°" with must know her to be married (REYES
- supra at 898). » '
AKUSADO MARUDO.
Accused,
I
€ iiiwl23,§',<>~ is 52
_ §.
1-
LEGAL FORMS
Legal and Judicial Ethics
Contrary to law. V ,
FORM NO. 96: INFORMATION FOR
_ (Sgd.) PROSEC CUTIE
QUALIFIED BRIBERY Assistant City Prosecutor
Related Law: REVISED PENAL CODE, Arts. 210-
211A ' ‘ " CERTIFICATION OF PRELIMINARY
. INVESTIGATIONIOR CONDUCT OF INQUEST
Important Allegations:
That the offender be a public officer within the SUBSCRIBED AND SWORN to before me
this 3rd day of March 2021 in the City of Manila.
scope of Art. 203;
That the offender accepts an offer or a promise ‘ ’ (Sgd.) PROSEC CUTIE
or receives a gift or present by himself or through . Assistant City Prosecutor
another; - P
That such offer or promise be accepted, or gift Approved: ,
or present received by the public officer:
a. with a view to committing some crime; or (Sgd.) ETHEL BOOMAI
b. in consideration of the execution of an act City Prosecutor
which does not constitute a crime, but the
act must be unjust; or WITNESSES: '
c. to refrain from doing something which it is (Sgd.) VEA ALONSO
his official duty to do; and I 24 Jupiter St., Makati City, Philippines
That the act which the offender agrees tq
perform or which he executes be connected with (Sgd.) MAJA BLANCA SALVADOR
the performance of his official duties (REYES, 32 Sampaloc St., Manila, Philippines
supra at 385).
BAIL RECOMMENDED: P (°'
not recommended)
Republic of the Philippines ‘
REGIONALTRIAL COURT (RE VISED PENAL CODE. Arls. 210- 2116)
National Capital Judicial Region
Branch 1
. I.4. .'.5. . 'Y.l:Q.:I.':l. Y. .4:I~.'. .'3. >. .
{W
LEGAL FORMS
Legal and Judicial Ethics
x — ~»x _ FORM NO. 99: INFORMATION FOR
INFORMATION ESTAFA
Related Law: REVISED PENAL CODE, Art. 315 F
The undersigned Assistant City Prosecutor,
upon swom complaint originally filed by the offended Important Allegations:
party, accuses AKUSADO MARUDO of the crime of 1. That the accused defrauded another
DAMAGE TO PROPERTY THROUGH RECKLESS
IMPRUDENCE committed as follows: a. by abuse of confidence, or
b. by means of deceit; and
That on or about June 12, 2021, in the City of 2. That damage or prejudice capable of pecuniaiy
Manila, PNIIQQIIIBS, within the jurisdiction of this Court, estimation is caused to the offended party or
the said accused, being then the chauffer of automobile third person (REYES, supra at 776).
with license plate no. APA 2005, willfully and unlawfully
managed and operated the same while gassing along
Saiigaloc St., Manila in a negligent, careless and
impnident manner, without due regard to the traffic laws, Republic of the Philippines
regulations and ordinances of the Cig of Manila and MUNICIPAL TRIAL COURT
without taking the necessary_precaution to prevent National Capital Judicial Region
injury to persons and damage to property, causing Branch 1
Q such negl_igence, carelessness, and imprudence City of Manila
the said automobile to hit a metal gate belonging to
INA BUSO, thereby causinq damage to the said gate PEOPLE OF THE PHILIPPINES,
amounting to TEN THOUSAND PESOS (Phg - Plaintiff,
32$); . e. - Crim. Case No. -
City of Manila, Phillgpines, July 5, 2021. ° ' ' - versus - g For: Estafa
Contrary to law. K
L AKUSADO MARUDO,
” Accused.
(Sgd.) PROSEC CUTIE
X-——-—-—-—-—----—--~—-~———~--x g
Assistant City Prosecutor
~' INFORMATION
(GUEVARA, supra at 430-432) That on or about and during the period comprised
between January 10, 2021 and January 15, 2021, in
the City of Manila, Philippines, within the jurisdiction
FORM NO. 100: INFORMATION FOR of this Court, the said accused, did then and there draw
VIOLATION OF B.P. BLG. 22 ' and issue Check No. 3333 dated Januag 13, 2021 in
Related Law: B.P. Big. 22 (An Act Penalizin g th e favor of INO TANGAN, purportedly in payment of a
Making or Drawing and Issuance of a Check Without loan, which gpon presentment for clearinq/collection
was dishonored by the drawee bank for the reason
Sufficient F un d s or Credit‘ and for Other Purposes) “Account Closed! Drawn Against insufficient
Funds,” and which check the accused failed
Important Allegations: replace with case within five (5) days from notige to Qf
1; Thata person makes or draws and issues any dishonor.
check; ' "
2. That the check is made or drawn and issued to City of Manila, Philmpines, March 5, 2021.
apply on account or for value;
3. That the person who makes or draws, and issues Contrary to law.
the check knows at the time of issue that he
does not have sufficient funds in or creditwith (Sgd.) PROSEC CUTIE
Assistant City Prosecutor
the drawee bank for the.payment of such check
in full upon its presentment", CERTIFICATION OF PRELIMINARY
4. That the check is subsequently dishonored by INVESTIGATIONIOR CONDUCT OF INQUEST
the drawee bank for insufficiency of funds or
credit, or would have been dishonored for the SUBSCRIBED AND SWORNI b f "
same reason had not the drawer, without any 5"‘ day of March, 2016 in the City of llIIan‘Il:e me ‘his FORMS
LEGAL
valid reason, ordered the bank to stop payment;
or
- (Sgd.) PROSEC cutie
5. That a person has sufficient funds in or credit Assistant City Prosegutgr
with the drawee bank when he makes or draws Approved: '
and issues a check;
6. That he fails to keep sufficient funds Or I0 (Sgd.) ETHEL BOOMAI
maintain a credit to cover the full amount of the City Prosecutor
check if presented within a period of 90 days WITNESSES:
from the date appearing thereon; '
7. That the check is dishonored by the drawee (Sgd.) VEA ALONSO
bank (REYES, supra at 827-828). 24 Jupiter St., Makati City, Philippines '
(Sgd.) MAJA BLANCA SALVADOR
32 Sampaloc St., Manila, Philippines
I \
LEGAL FORMS
Legal and Judicial Ethics
WITNESSES:
Republic of the Philippines '
MUNICIPAL TRIAL COURT ' (Sgd.) VEA ALONSO
National Capital Judicial Region 24 Jupiter St., Makati City, Philippines .
Branch 1'
City of Manila (Sgd.) MAJA BLANCA SALVADOR
32 Sampaloc St., Manila, Philippines
PEOPLE OF THE PHILIPPINES. _
Plaintiff, \
BAIL RECOMMENDED: P ~ (or
Crim. Case No. 1234 . .- not recommended) _
- versus - For: Falsification of
Private Documents (GUEVARA, supra at 435)
AKUSADO MARUDO.
Accused. FORM NO. 102: INFORMATION FOR
x a ——X FALSIFICATION OF OFFICIAL
INFORMATION DOCUMENTS
Related Law: REVISED PENAL CODE, Art. 172
The undersigned Assistant City Prosecutor,
upon sworn complaint originally filed by the offended important Allegations:
party, accuses AKUSADO MARUDO of the crime of 1. That the offender is a private individual or a
FALSIFICATION OF PRIVATE DOCUMENTS, public officer or employee who did not take
committed as follows: advantage of his official position.
That during the period from &
2. That he committed any of the acts of falsification
to March 4, 2021 both dates inclusive, in the complaint enumerated in Art. 171.
filed within the jurisdiction of this Court, the said 3. That the falsification was committed in a pub|i¢
accused being employed as timekeeper of the KKB or official or commercial document (REYE3,
Corp., did then and there willfully, unlawfully and supra at, 232).
feloniously with animus Iucrandl, and with
deliberate intent of defrauding the said document,
made it appear In the time book prepared by said
Republic of the Philippines
accused for the month of May that the day laborer, M_UNlClPAL TRIAL COURT
Ina Buso had worked 15 dayg, thereby committing National Capital Judicial Region
a falsehood in the narration of facts in said time- Branch 1
book, and by means of falsification, the said City of Manila
accused was able to appropriate as he did
gppropriate, the sum of P50,000.00 to his own use PEOPLE OF THE PHILIPPINES,
and personal benefit, to the damage and prejudice Plaintiff,
I
I
5.’:
. is5'51gid,-<ii‘:§0
i,,,| F enter
INFORMATION .
($g¢_) PROSEC CUTIE
Assistant City Prosecutor The undersigned Assistant City Prosecutor,
upon swom complaint originally filed by the offended '
CERTIFICATION OF PRELIMINARY party, accuses AKUSADO MARUDO of the crime of
, committed as follows: \
INVESTIGATIONIOR CONDUCT OF INQUEST I
LEGAL FORMS
Legal and Judicial Ethics
J-/'
MEMURY
’ ‘ Al D
Sm 8'“ Wwmw Coho‘ of Law _ "ect 5“ QD0fatIona Center
AKUSADO MARUDO,
(Sgd.) PROSEC CUTIE Accused.
Assistant City Prosecutor xe -— ~ :~-1 ~ X
-Approved: MOTION FOR BAIL '
M E MIQRY AI D
SI" um u“"'$'w coho’ 0' Law ' RGCT Sm OD0fetions Center
(Signature of counsel)
E
LEGAL FOR
Legal and Judicial
With my consent: I FORM NO. 112: DEMURRER TQ
An elica Pan illnan
EVIDENCE
(Copy fumished)
Related Rules: RULES OF COURT, RULE 33 and
(GUEVARA. supra at 165) RULE 119, Sec. 23
Criminal Case No. 1234 a::ii:;i>r the minds between two persons whereby
~ FOR MURDER
- versus - one binds himself, With "aspect t°_the 23095?
something or to render some service ( ,
AKUSADO MARUDO, I Art. 1305); ' -
Accused. \
Requisites: (COC)
1. Qonsent;
DEMURRER TO PROSECUTlON’S EVIDENCE 2. Qbject; and I _ /
(RULES OF COURT, Rule 119, Sec. 23) o ject of the contract. It pertains to one thing,
right. or
. service
. _ that is the subject 0f ' the
NOTE:/In criminal cases, a motion for Ieave_to file obligation. If this portion is altered the deed
a demurrer to evidence may be filed before the could be converted into another one.‘
demurrer to evidence itself is filed (RULES OF
COURT, Rule 119, Sec. 23). ' 7. Barty Two; '
8. §ignature; and '
ln_civil cases, the defendant files a motion for The signature is that portion of th‘ d
demurrer of evidence after the plaintiff has where the parties‘ intent to b: ' beed form
00mpleted the presentation of his evidence (RULES demonstrated. It also‘ includes the dcgtlgd is
0F COURT, Rule 33, Sec. 1, as amended). venue of the executed deed (ld.)_ and
9. Acknowledgment. ‘ ‘
NOTE: When
sought to betheexssessggmiiss
d d f ' died, the idea
. ..
. | .
conditions that are not contral'Y l°_|aw' _m°rIZj
(Full name of vendee), good customs, public order. or PI-lb||° P°|'°Y ( - '
Filipino. of legal age, with residence and post-office 7. If the deed of sale covers more than one Flame‘
address at _ of land and the instrument consists of more than
do hereby SELL. TRANSFER and CONVEY, absolutely
and unconditionally, unto the said one page, including the P899 Where t S
his/her heirs and assigns, that acknowledgment is written, these facts shoul
certain parcel (or parcels) of land. together with the be stated in the acknowledgment (ld.).
buildings and improvements thereon, situated in (city or
municipality. and province). and more particularly FORM NO. 114: OPTION TO PURCHASE
described as follows: "
REAL PROPERTY
(Description) Related Law: CIVIL CODE, TITLE VI (Law on
Sales).
of which I am the registered owner in fee simple in
accordance with the Land Registration Act, my title Contents: (EPBA-ODPW)
thereto being evidenced by Transfer (or Original)
1. Place and date of the gxecution of the contract;
Certificate of Title No. , issued by
the Register of Deeds of _ 2. The names and addresses of the gurchaser
and §uyer;
It is hereby mutually agreed that the vendee shall bear . The Amount involved in the contract;
al the expenses for the execution and registration of this The Qptionto buy the property;
deed of sale. . "Qescription of the property;
Signatures of the Parties involved; and ~
IN WITNESS WHEREOF, I have hereunto signed this .*'.°’°":“° Signatures of Witnesses. _
deed of sale, this day of ,2 , at
the (city or municipality). Philippines.
KNOW ALL MEN BY THESE PRESENTS:
(Sgd.) Sellerina Gomez
Vendor - ‘ : This AGREEMENT OF OPTION made and
entered into at , Philippines, on this _ day
SIGNED IN THE PRESENCE OF: of , 2%, by and between of
and of ,
(Sgd.) Vea Alonso (Sgd.) Maja Blanca Salvador both of Philippine citizenship,
Witness 1 Witness
- WITNESSETH:
ACKNOWLEDGMENT That for and in consideration of the sum of
APESOS (P ), Philippine currency, in hand
paid by acknowledged, the said offeror, does
(GUEVARA, supra at 64) hereby grant unto the said offeree, , the absolute
and unlimited option, right, and privilege to purchase at
any time within the period of ays
NOTES: d
from the date hereof, the following described property,
. Copy the technical description from the Transfer to wit:
Certificate of Title. -
2. Bilateral deed as" the vendee assumes an (Description of property)
obligation.
3. The administration and enjoyment of the And it is understood that the failure of the said
community property and conjugal partnership to exercise his option within the above-
shall belong to both spouses .jointly (FAMILY mentioned period shall ipso facto cancel his right to
purchase, as well as to the amount paid, and thereupon
CODE, Arts. 96 and 124). this Option shall lapse, cease, and shall be of no further
HOWEVER, a spouse may mortgage, force and effect.
encumber, alienate or otherwise dispose of his
or her exclusive property (not belonging to the - IN WITNESS WHEREOF, the parties hereto
conjugal partnership) without the consent of the have set their hands at . , Philippines
other spouse (FAMILY CODE, Art. 1 11). this day of , ,2 _ '
The vendee does not have to sign the deed of
sale if there are no stipulations or conditions
assumed by him (AGPALO, supra at 747). (Signature Of Offewr) (Signature of Offeree)
The parties are free to provide in the deed of SIGNED IN THE PRESENCE OF:
sale any stipulations, clauses, terms and
(Signature of Witness)
(Signature of Witness)
LEGAL FORMS
Legal and Judicial Ethics
KNOW ALL MEN BY THESE PRESENTS: 1 , 5. That the major and minor repairs shall
be for the account for the LESSOR; '
This CONTRACT OF LEASE is made and
executed at the City of Manila, this 19th day of April 6. That upon the signing of this agreement.
2021, by and between: - y ‘ the LESSEE sha" Pay by way of deposit unto the
¢ . LESSOR the sum of twenty thousand PESOS
John Llo d Dela Cruz of legal age, married (P291000) to answer for payment of rentals in the event
Filipino, and with residence and postal address at #123,. that the LESSEE fails to pay the rentals on time and
1st Stree San Mi uel Manila, hereinafter referred to other expenses or charges that the LESSEE may
as the LESSOR, ;
' -and- , 7. That the LESSEE shall have the right OI
first refusal should the LESSOR decide to sellthe
© Of legal age, married, Filipino, pmpefly d"lI"9 the temi of the lease; i
and with residence and postal address at #456, 2nd
Stree San Mi uel Manila hereinafter referred to as h" IN WITNESS WHEREOF, the parties have
the LESSEE, 2g;e1unto affixed their signatures this 19th day of Mail
WITNESSETH: i at the CW of Manila," Philippines. '
(Sgd.) John Lloyd dela Cruz
WHEREAS. the LESSOR is tit;e_q|s¢i, Lessor
and absolute owner of a residential property imaged
at Manila Phiii Ines with TCT No. 43562 of the (596-) Eliena Dama
Registry of Deeds of the City of Manila, and the Lessee
house built therein; ,
SIGNED IN THE PRESENCE OF;
City _of Manila. Bounded on the N., points 1 to 2 by Lot Vendor-Mortgagee Vendee-Mortgagor
1, Block 1; on the E., points 2 to 3’by Road Lot; on the
S., points 3 to 4 by Lot 5; and on the W., points 4 to 5 SIGNED IN THE PRESENCE OF:
by Lot 6; points 5 to 6 by Lot 4, and points 6 to 1 by Lot
2, all of Block 1, all of the subdivision plan. Beginning at (Sgd.) Vea Alonso (3!-Id-I Mala Blame Salvador
a point marked “'1' on the plan, being N. 14 deg. 20' E., Witness Wllness
53.29 m. from Mon. #1, Dist. of Sampaloc, City of
Manila, JOINT ACKNOWLEDGMENT
thence N. 87 deg. 09‘ E., 13.88 m. to point 2;
thence S. 3 deg. 14' E., 17.64 m. to point 3;
thence S. 88 deg. 01‘ W., 13.88 m. to point 4; (GUEVARA, supra at 75) _
thence N. 2 deg. 48‘ W., 2.45 m. to point 5;
thence N. 4 deg. 05' W. 8.43 m. to point 6;
thence N. 2 deg. 17' W., 6.55 m. to the point of
FORM NO. 11s: REAL ESTATE »
beginning; MORTGAGE - _
Related Laws: CIVIL CODE, Arts. 2085-2092
containing an area of TWO HUNDRED AND FORTY- 2124-2131
FOUR (244) square meters, more or less. All points
referred to are indicated on the plan and are marked on
the ground by P.S. cyl. conc. mons. 15 x 60 cm.s;
Contents: (VeT-MAM-CODA)
bearings true, date of the original survey, December 17, . ygnue and_Iitle;
1908 8- February 14 - 17, 1966. . Mortgagor;
xxx xxx xxx - .’ _A_mountof Loan;
Bounded on the S. along line 1-2 by Lot 1513; on . Mortgages;
the W., along lines 2-3-4-5-6 by Lot 1486; on the N. Ch-PCDN-I .
Qonveyance of Real Property with technical
along lines 7-8-9 by Lot 1476 and on the E., along line description;
9-1 by Lot 1488, all Cad- D, Manila Cadastre. . 6. Qwnership of Real Property;
xxx XXX - .. xxx." _ 7. i Qischarge of mortgage; and
his title thereto shown by Transfer (or Original) 8. Acknowledgment.
Certificate of _Title No. 1234 issued by the Register of
Deeds of Manila; .
REPUBLIC OF THE PHILIPPINES)
2. The VENDOR, for and in consideration City of Manila ) $_s_
of the amount of ONE MILLION PESOS (P 1, 000,
QQL to him paid by VENDEE and receipt of which is REAL ESTATE MORTGAGE
acknowledged, does hereby SELL, TRANSFER and
CONVEY unto the said VENDEE, his heirs and KNOW ALL MEN av THESE PRESENTS:
assigns, the property with all the buildings and
improvements thereon, free from all liens and ‘ ' This REAL ESTATE MORTGAGE made and
encumbrances whatsoever- executed by:
3. it is hereby agreed and stipulated that the » 1 Sellerina Gomez, Filipino, of legal age, single
UNPAID BALANCE OF TWO HUNDRED THOUSAND with residence and post office address at 3Q Recto Ave.,
PESOS (P 200,000.00) shall be paid by the VENDEE- .l)LT.l.l|i. herein called the MORTGAGOR; and
MORTGAGOR to the VENDOR-MORTGAGEE at the
iattefs residence, as follows: ' Bili Crawford, of legal age, single with
(State manner ofpayment) residence and post office address at 70 Recto Ave.,
W, herein called the MORTAGAGEE
4. in order to guarantee the fulfillment of the
above obligations, the VENDEE-MORTGAGOR does . WITNESSETH:
hereby MORTGAGE unto the said -VENDOR-
MORTGAGEE, his heirs and assigns, the property 1. The MORTGAGOR does hereby ¢0"VeY
described, together with all the buildings and by way of REAL ESTATE MORTGAGE unto the
improvements thereon, under the express stipulation MORTGAGEE the following described real properly.
that if the said VENDEE-MORTGAGOR shall pay or situated in Manila City, together with all tha
cause to be paid unto the VENDOR-MORTGAGEE the improvements, to wlt:
obligations, then this Mortgage shall be of no further
force and effect; otherwise, the same shall remain In full _ . _A parcel of land (Lot 3, Block 1 of the
force and effect and shall be enforceable in the manner $“bd""5'°" Plan (LRC) Psd-11111, being a portion Of
prescribed bylaw. Lot 1-B. described on plan Psd-12222, LRC (GLRO)
R°°- N°- (NA). situated in the Barrio of Bomber, District
IN WITNESS WHEREOF, I have signed this °l 3a"1Pa|°¢i Cily of Manila. Bounded on the N., points
deed this 3"’ day of March 2021 at the City of Manila. 1 to 2 by Lot 1, Block 1; on the E., points 2 to 3 by Road
LOI; On the S., points 3 to 4 by Lot 5; and on the W..
points 4 to 5 by Lot 6; points 5 to 6 by Lot 4, and points
(Sgd.) Sellerina Gomez (Sgd.) Bili Crawford
355"’
M EM»Q~RY Al D
sq‘ Bede University Cologe or Law - RGCT Ber Operetione Center
6 to 1 by Lot 2, all of Block 1, all of the subdivision plan. FORM NO. 119: PLEDGE AGREEMENT
Beginning at a point marked “1” on the plan, being N. 14
deg. 20‘ E., 53.29 m. from Mon. #1, Dist. of Sampaloc, Related Law: CIVIL CODE, Arts. 2085-2123
City of Manila, _
thence N. 87 deg. 09' E., 13.88 m. to point 2; A contract of pledge gives a right to the creditor_to
thence S. 3 deg. 14‘ E., 17.64 m. to point 3; retain the thing in his possession or in that of a third
thence S. 88 deg. 01' W., 13.88 m. to point 4; person to whom it has been delivered, until the debt
thence N. 2 deg. 48‘ W., 2.45 m. to point 5; is paid (CIVIL CODE, Art. 2098).
thence N. 4 deg. 05' W. 8.43 m. to point 6; ~
thence N. 2 deg. 17‘ W., 6.55 m. to the pointof
beginning; ~ Essential Requisites:
1. That the pledge be constituted to secure the
containing an area of TWO HUNDRED AND FORTY- fulfillment of a principal obligation; _
FOUR (244) square meters, more or Iess.~All points 2. That the pledgor be the absolute owner of the
referred to are ind_icated on the plan and are marked on thing pledged or mortgaged; and
the ground by P.S. cyl. conc. mons. 15 x 60 cm.s; 3.- That the persons constituting the have the free
bearings true, date of the original survey, December 17, disposal of their property, and in the absence
1908 & February 14 —17,1966. . thereof, that they be legally authorized for the
_ purpose (CIVIL CODE, An‘. 2085). *
XXX XXX XXX
Bounded on the S. along line 1-2 by Lot 1513; on FORM NO. 120: SALE OF
the W., along lines 2-3-4-5-6 by Lot 1486; on the N. CONDOMINIUM UNIT
along lines 7-8-9 by Lot 1476 and on the E., along line Related Law: THE CONDOMINIUM ACT (R.A. N0.
9-1 by Lot 1488, all Cad- D, Manila Cadastre.
4726)
x>o< xxx - xxx." '
Contents: (EDeP-LoDeT-PABS)
er which real property the MORTGAGOR is the 1._ The place and date of the Execution of the
registered owner as evidenced by Originalffransfer contract; _ ,
Certificate of Title No. 1234567 of the Registry of Deeds . Thename of the Qveloper and its president;
0%; . The Purchaser; "
. Qcation of the parcel of land;
2. That this real estate mortgage is gig . Escription of the parcel of land
security for the payment to the MORTAGAGEE of a . The Ierms and conditions of the contract;
loan dated January 9, 2021 for the sum of ONE The selling Brice;
MILLION PESOS (P 1,000,000); PROVIDED,
HOWEVER, that if said Se shall pay or
. Thegdvance payment;
cause to be paid to said igavitfl his halls °F . The remaining Balance; and
assigns, the said sum within the period of IIQJQ) 10. §ignature of the purchase
years from and after the execution of this MORTGAGE
together with the interest thereon at the rate of tli_rieg
gr centum (3%) per annum, this MORTGAGE shall be
discharged ‘and of no effect; OTHERWISE, it shall
remain in full force and effect and shall be enforceable
in the manner provided for by law.
ACKNOWLEDGMENT
is
3
LEGAL FORMS
Legal and Judicial Ethics
-and- A _
BILI CRAWFORD, hereinafter referred to as the "Purchaser"; < I Name of'Pui_'chaser 1 2
l
‘
§;<,>~
53, §-<23A§0
*2tr,-,| COD!!!
I Assignor) Assignee
4 ACKNOWLEDGMENT
SIGNED m THE PRESENCE oi=: ‘ (GUEVARA, supra at 156) .
I
Related Law: Public Act No. 521 (Carriage of Goods
by Sea Act) ' (Sgd.) Mae Ari lSgd.) Chard Terrer
(Owner) (Charterer)
NOTE: A charter party is a contract by which an
entire ship or some principal part thereof is let by the
owner to another person for a specified time or use.
Contents: (DOVTAS’)
1. Qate of the contract
WITNESSES:
(Sgd.) Vea Alonso
.
\
iai53,5'51 girl ‘ R957 58' 09013000: banter
WITNESSETH:
\
LEGAL FORM$
Legal and Judicial Ethics
\
Block 1' on the E points 2 to 3 by Road Lot; on the S., points 3 to 4 by Lot
5; and on the W., points 4 to 5 by Lot 6; points 5 to 6 by Lo t4 . and points
6 to 1 by Lot 2, all of Block 1', all of the subdivision plan. Beginning at a
point marked "1" on the plan, being N. 14 deg. 20' E., 53.29 m. from Mon. _
#1, Municipality of Mariveles, Province of Bataan.
Bounded on the S. along line 1-2 by Lot 1513; on the W., along
lines 2-3-4-5-6 by Lot 1486; on the N. along lines 7-8-9 by Lot 1476 and
on the E., along line 9-1 by Lot 1488, all Cad- D, Manila Cadastre.
This agreement shall be binding between the parties and upon all
their heirs, successors, and assigns.
“IN WITNESS WHEREOF, the parties hereto have signed this‘
agreement the day and year first above written, in the municipality of
Mariveles province of _B_a_t_a_a11_.
Dominant Ochoa
(Sgd.) owner of Dominant estate I Signature of the Parties __and
Witnesses
Servient Osmena i
(§gd.) owner of Servient estate
i"
!.1. '.5. .'f.I:5Z.:I.':3. Y. . ».°.~.I. .'§.>. . .....
Signed in the presence of:
Signature of the Parties and
(Sad-I Shall/lamlavag (Sgd.) Vea Alongg Witnesses
Witness Witness
JOINT ACKNOWLEDGMENT
I Addendum , I
. uAn
I, John Lloyd dela Cruz, o_f legal age, single, “REVOCATION OF POWER OF ATTORNEY
resident of #123, 1st St., San Miquel, Manila, do
hereby name, constitute, and appoint Eliena Darna, of KNOW ALL MEN BY THESE PRESENTS: I
legal age, single, resident of #456, Zgd St., San Miguel,‘
Manila, to be my true and lawful attorney, for meand In WHEREAS, I, John Lloyd dela Cruz, of legal
my name, place, and stead, within a period of one (1) age, single, resident of #123, 1st St., San Miguel I
year, to sell the real property described thereunder, Why a certain -public instniment made and
for a consideration of one million pesos executed In Manila City_on January 28, 2021 before
(P1,000,000.00I, to whosoever may buy or purchase Pedro dela Cruz, Notary Public for and in the Manila
the following described real property, to wit: _C_it_y and bearing Not. Reg. No. 5_5, Page Q, Book fig
Z_2_,Series ofyllli of his notarial register, did name.
A parcel of land (Lot 3,_Block 1 of the subdivision plan _ constitute, and appoint Eliena Darna, resident of A
(LRC) Psd-1111. being a portion of Lot 1-B ‘situated in i my true and lawful
Baranqay 456. Sampaloc. Manila. Bounded on the N by ATTORNEY-IN-FACT, for the purpose and with powers
Lot 1, Block 1, on the E by Road Lot. on the S by Lot Q mentioned in said public instrument; I
and on the W by Lot 6; containing an area of FOUR
HUNDRED AND THREE (403) square meters, more or WHEREAS. the said public instrument or
less. PQWBF 0f Attomey. was duly registered in the Office of
the Register of Deeds of Manila on Januagy 28.
of which I am the registered owner as evidenced by TCT
No. 123456 of the Register of Deeds of Manila; and
mi as Per Emil! N9-1_°. VOI Z. Book 20 of said
Office; _ t
HEREBY GIVING AND GRANTING unto my NOW, THEREFORE, I, John Lloyd dela
said attomey full powers and authority to do and Céuz, do hereby REVOKE, ANNUL’and make VOID the
perfonn all and every act requisite or necessaryte said wntten power of attorney and all powers and
carry into effect the foregoing authority to sellyas
fully as to all intents and purposes as I might oi _a“Ih°|'IlY therein or thereby given or granted, Of
intended to be given or granted to said Eliena Dama
could lawfully do if personaIIy_present, with full
power of substitution and revocation, and hereby
ratifying and confirmlnqall that my said attorney IN WITNESS WHEREOF, I have hereunto set
shall lawfully do or cause to be done by virtue
my hand this 10'" d ay I 0frebruary, 2021 in Man ii a_,
Philippines.
thereof. *
IN WITNESS WHEREOF, I have hereunto set (sad-I John Lloyd dela cniz (Sgd.) Eliena Darna
my hand this 19th day of April 2021 In Manila, P"'"°IPa| Attomey-in-fact
Philippines.
Signed in the presence of:
I39“-I Vea Alonso (Sgd.) Maja Blanca salvaapi
* r Witness Witness _
_
\ I
MEM/QRY AID
Sen 5099 “mm c°'°9° °' L3" ' RGCT Bflfoeeretlons Center
I ACKNOWLEDGMENT I
FORM NO. 131; NOTARIAL WILL _
Related Law: CIVIL CODE, Arts. 797, 798, 802-819
transfer and convey, unto the DONEE, his heirs and Essential Features: (VaCA-GOG)
assigns, the real property above descnbed with all the 1. " There must be a Elid COIIIFQCII
buildings and improvements thereon, to become 2. Legal Qapacity of partners;
effective upon the death of the DONOR, but in the event
that the DONEE should die before th 6 D ONOR. the
3. Mutual contribution of Asset andl or industry t0
present donation shall be deemed rescinded and of no a common fund;
further force and effect. 4. There must be at least one Qeneral partner;
5. Qbject must be lawful; and
3. That the DONEE does hereby accept this 6. Primary purpose is to §_ain profits
donation of the above-descnbed real property, and do
hereby express her gratitude for the kindness and Form of Contract
Iiberality of the DONOR. GENERAL RULE: No special form is required for its
4. Thatthe DONOR hereby retains the right validity or existence (CIVIL CODE, Art. 1771 II1
to control and dispose at will the abQVe-descfibed relation to Art. 1456).
property before his death, without need of the consent
or intervention of the DONEE. EXCEPTIONS: (3MP-R2-S) _ » _
1. Where the contract of partnership has a capital
IN WITNESS WHEREOF, the DONQR and the of P§,000 or more, in _M_oney or Rroperty: it shall
DONEE have hereunto signed this deed of donation, appear in a public instrument and must be
this 3'“ day of March 2021, in Manila, Philippines. recorded in the Office of the Securities and
Exchange Commission (CIVIL CODE, An‘.
($9d-) NW3 DODOI’ ‘ (Sgd.) Doneeta Rose 1772).
Donor Donee
ATTESTATION CLAUSE
NOTE: Failure to comply does not prevent the
formation of the partnership or affects its liability
JOINT ACKNOWLEDGMENT and that of the partners to third persons but
gives the partner the right to compel each other
to execute the contract.
(CIVIL CODE. Art. 728)
2. Where Real property or real rights are
contributed Regardless of the value thereof:
a. It must be in writing in a public instrument;
PARTNERSHIPS AND and
b. An inventory of the property contributed
E CORPORATIONS signed by the parties must be attached to the
_ public instrument (CIVIL CODE, Art. 1773).
LEGAL FORMS
Legal and Judicial Ethics
_ ' 1. The above-named partners have formed FORM NO. 135: ARTICLES OF
a limited partnership among themselves under the
name and style of XYZ Ltd; INCORPORATION OF STOCK
CORPORATION
2. _ The purposes for which the said Related Law: REVISED CORPORATION CODE.
partnership is formed are: Secs. 13 - 15
(state the object or character of the business);
Basic Contents: (NP2-TIDA-Su2TURO)
S. The principal place of business of the 1. Name of the corporation; _
partnership shall be at 50"’ flr. ABC Bldq. Rufino St., 2. The specific Eurpose or purposes for which the
Makati Cg‘, i corporation is being incorporated; where there is
more than one stated purpose, indicate which is
4. The term for which the partnership is to the primary purpose and which islare the
exist shall be ten (10) years from and alter the execution
of this agreement;
secondary purpose or purposes;
3. [lace where the principal office of the
corporation is to be located (must be within the
5- The Capital of this partnership shall be
THREE HUNDRED THOUSAND PESOS (P 300 0001 Philippines);
PIIIIIPPIDB C‘-'"e"¢Y. contributed by the partners, as‘ 4. Ierm for which the corporation is to exist if the
follows, to wit: corporation has not elected perpetual existence;
5. Names, nationalities and residences of the
Pedro Santos (general partner)........ .. P 100 O00" incorporators;
(IImIIed Partner) P 100 000" 6. Number of l_)_irectors which must not be more
and O e than fifteen (15), or trusteeswhich may be more
Juan dela Cruz (limited partner).... .. .. ...P100 000,- than fifteen (15), and state the name,
‘ 6. Pedro Santos, general partner, ishereby nationalities and residence ofthe persons who
designated the manager of the partnership, with a shall act as directors until the first regular ones
monthly salary of THIRTY THOUSAND PERSOS are duly elected and qualified;
P310000; 7. Amount of authorized capital stock, number of
shares into which it is divided, and in case ofpar
7. The profits and losses shall be divided in value shares,the par value of each;
proportion to their contribution i 8. Names, nationalities and residences of the
original Sgbscribers, and the amount subscribed
IN WITNESS WHEREOF, the parties hereto by each on his subscription; (if some or all of the
have hereunto set their hands this 3'“ day of-March shares are without par value, state such fact);
2021, in Manila, Philippines. 9. Names, nationalities and residences of the
original gbscribers, and the amount paid by
(Sgd.) Pedro Santos (Sgd.) Maria Reyes
each on his subscription;
(Sgd.) Juan Dela Cruz 10. Name of Ireasurer elected by the subscribers to
act as such until after the successor is duly
Partners elected; »
11. gndertaking by the Corporation to change its
Signed in the presence of: named immediately upon receipt of notice from
the Commission;
(Sgd.) Vea Alonso (Sgd.) Maja Blanca Salvador 12. information required under the Code for
Corporations which will engaged in any
Witnesses _ . business or activity Reserved for Filipino citizens
(REVISED CORPORATION CODE, 'Sec. 14);
—~ JOINT ACKNOWLEDGMENT and
13. Qther matters consistent with law which the
(GUEVARA, supra at 183) incorporators may deem necessary and
convenient (REVISED CORPORATION CODE,
FOR CORPORATIONS Sec. 13). e
Related Law: R.A. No. 11232, otherwise known as The articles of incorporation may also include an
the Revised Corporation Code of the Philippines arbitration agreement pursuant to Sec. 181 of the
Revised Corporation Code ~ (REVISED
Effectlvity Date: February 23, 2019 CORPORATION CODE, Sec. 13, par. 2).
5 I
LEGAL FORMs
Legal and Judicial Ethics
1
.-
I .v
iz I,,.|isi€>~*2? Lew - RGCT Ber Operations Center
:a"daI“Y°"—‘I=- P35“! (excluding Santolan and NOTE: The articles of incorporation must be verified
°$a"I° DISIYICIL Quezon C|ty_(excludlnq Northern by the affidavit of the presiding elder, secretary, or
Pa" f'°"\ Tarldanq Sora Avenue and Mactan)__,
clerk or other member of such religious society or
Ka'°°kaa" k S3“ Jualh Tagulg, Pateros, MalabonJ religious order, or diocese, synod, or district
and Navotas.
organization of the religious denomination, sect, or
5, That accordin to th I ' church (REVISED CORPORATION CODE, Sec.
discipline of the Roman Cefihol e m es‘ regulations. or
Ch h, ' 'In
his bishopric shall be filled as fcIIIowsurC Vacancies
114).
Contents: (RATP)
(State the rules on fillingof vacancies)
1. Name of the Religious society;
the Una;-$ig'T::t :::jsehArticIes are being filed so that 2. Office Address of the religious society;
e _ s successor in office shall 3. The names and the contributions of the
beoom a corporation sole for all legal purp0se$_ Irustees; and
4. Signature of the Rresiding officer of the religious
Date: March 7, 2021 society.
LEGAL FORMS
Legal and Judicial Ethics
Purchase. hold. mortgage. or sell real estate for its is a trust or an estate, then state the name_
church. charitable, benevolent. or educational purposes nationality, and residence of the trustee,
by and with the consent of a majority of its membership. administrator, executor, guardian, conservator, I
custodian, or other person exercising fiduciary
_ IN WITNESS WHEREOF, the undersigned ' duties together with the proof of suchauthority
presiding officer of the “Society. of Christian to act on behalf of the trust or estate;
Brotherhood‘ hereby signs and files these Articles of 6. The Amount of authorized capital stock of the
Incorporation for all purposes of the |aw_
Ninth: That within fifteen (15) days from the issuance of I 2. j At a meeting of the Board of Directors of
its certificate of incorporation, the OPC shall appoint a the corporation held on March 3, 2021, at which meeting
treasurer and notify the Commission thereof within five a quorum was present and obtained throughout, the
(5) days from appointment. following resolution (s) was (were) unanimously
approved and adopted: i
Tenth: That I undertake to change the name of the OPC
immediately upon receipt. of notice from the I (Copy of the Board Resolution)
Commission that another corporation, partnership or
person has acquired a prior right to the use of such “RESOL VED as it is hereby RESOLVED, that Cali Heem
name, that the name has been declared not is appointed as the Corporate Secretary of X corporation
distinguishable from a name already registered or and be authorized as she is hereby authorized to have
access to all the corporate records of X Corporation. ”
reserved for the use of another corporation, or that it is
contrary to law, public morals, good customs or public ' 3. The foregoing resolution has not been
POIICY; . revoked, amended or in R any manner modified and
accordingly, thesame may be relied upon until a written
Eleventh: That no transfer of stock or interest which I
notice to the contrary is issued by the corporation.
shall reduce the ownership of Filipino citizens to less
than the required percentage of capital stock as IN WITNESS WHEREOF, I have hereunto
provided by existing laws shall be allowed or permitted affixed my signature and the seal of the corporation, this
to be recorded in the proper books _of the OPC, and this 5"‘ March 2021 I *
restriction shall be indicated in all stock certificates-
issued by the corporation; V 1 (Sgd.) Cali Heem
. Corporate Secretary
Twelfth; That the fiscal year of the OPC sh_aII begin on ATTESIED:
the 1*‘ day of January, and shall end on the 31 S‘ day of (Sgd.)l?r_egcy Dente i '
December of each year. President
(REVISED CORPORATION CODE, Secs. 14 and NOTE: The secretary's certificate serves as the
118) corporation's official document showing the
corporate actions approved by its board of directors
(Lim v. People, G.R. No. 226590, April 23, 2018).
FORM NO. 140: CERTIFICATION OF
BOARD RESOLUTION BY CORPORATE
SECRETARY
Contents: (PeRF-Ju)
1. Personal circumstances of secretary;
2. Fesolution of the board;
\
LEGAL i=oRMs
Legal and JUdlCl8| Ethics
FORM 141: CERTIFICATE OF di | ed; and to that end, it is ordered that a Spe¢|a|
550",
tin of th e stockholders be called on May 2, 2015 at l
CORPORATE DISSOLUTION y Toegclgck A.M. at the office of the corporation to take l
Related Law: REVISED CORPORATION CODE. action upon this resolution. ,
Secs. 133 to 139.
That the foregoing resolution, as above-
Definition: A certificate issued by the Securities and quoted. was unanimously apprOvBd by the stockholders
Exchange Commission upon compliance with the of the corporation;
requisites for application for dissolution (REVISED That the requirements of Sec. 118 of the
CORPORATION CODE, Secs. 134 and 135). Corporation Code have been complied with.
IN WITNESS WHEREOF, the undersigned
CERTIFICATE OF DISSOLUTION directors of said corporation have signed this Certificate
of of Dissolution, this first dayof June 2021, in Pasig City,
QRST CORPORATION Philippines.
Whereas, this corporation is solvent and has FORM NO. 142: PROMISSORY NOTE
no outstanding debts, and its dissolution will not affect Related Laws: NEGOTIABLE INSTRUM NTS
the rights of any creditor whatsoever, LAW, Sec. 184 ' E
Now, therefore, BE IT RESOLVED, as it is
' hereby resolved, pursuant to Sec. 118 of the Definition: An unconditional promise in writing
Corporation Code, that this corporation be forthwith made by One person to another, signed by the
makefi 9"9a9"'l9 10 Pay on demand, or at a fixed Of
’.»'
El53.£9taii2§cJ Center
Php 10,000
No. 123456789
th 10 days after date, I, Deb Thor, promise to pay
to e order of Credi Thor, the sum of Ten Thousand BANK OF THE PHILIPPINE ISLANDS
Pesos (Php 10,000). Makati, Philippines
This Agreement is made effective as of April Attorney will set time aside for the‘ I
1, 2011, by and between MS. MARIE A. Client's case.
SANTOS (Santos & Associates, 17/F AB ¢) The said amount shall be deposited
in the Attorney's general bank
Towers, #23 Emerald St., Fain/iew, Quezon account on the last working day of
City), herein Attomey; and MS. MARICAR G. every month.
JIMENEZ (Unit 8756 Condominium Towers, d) Attorney shall send the statement of
E. Rodriguez Avenue, Quezon City). account to client on the 15th day of
hereinafter Client. every month.
PURPOSE 6) Client shall be notified by the
Attorney upon receipt of payment
made by the Client.
Attomey is herewith retained to represent f) Legal services rendered by the
Client in Criminal Case No. 12345 and future Attomey shall be charged at the rate
matter involving the same. ~ of Php 1,000 per hour. Office hours
are between 8:00 a.m. and 7:00 p.m_
DURATION OF AGREEMENT
I
only.
Client authorizes Attomey to lawfully dispose 9) Any legal services performed
beyond the above mentioned time or
of Client's file eight years from the date this on weekends, or holidays, shall be
Agreement is entered into.
ATTORNEY’S DUTIES
_
h)
charged at the rate of Php 800 per
houn
In the event of dismissal of the
I
Attorneyby the Client, the Attomey is
Attorney accepts said employment and entitled to Php 50,000 separation
agrees to take all reasonable steps in‘ this I
fee.
case and future case/s or. appeal/s the
Attomey considers worth doing, including
preparation ofjegal documents, to enforce the VIII. COSTS -
Client's rights. No jury or trial shall be taken
without the consent of both parties. The Clientagrees to be responsible for any costs;
Attomey shall give way to theclient in making wherein costs shall be advanced by Client. In
the event that costs are advanced by Attomey,
decisions if it is right toydo so.
CLIENT’S DUTIES " '
_
‘
the Client shallreimburse Attomey for these
costs as soon as Client is billed for same. This
includes but not limited to, the following: (a)
I
Client agrees to the following: (a) to cooperate writing, reviewing and signing letters; (b) court
and be truthful with Attorney: (b) to respond to filing» fees; (c) photocopying fees; (d)
phone calls and messages, including SMS,
letters, and e-mails, .on time; (c)*'to' keep
messenger service fees; (e) long distance
phone charges; and (f) other related or similar I
Attomey abreast of developments, current
residence, and contactinumbers; (d) to pay
expenses. _ ' I
fees on time; and (e) to abide by ~thls If needed, the Attomey may suggest the help
Agreement. of experts (investigators, accountants,
medical professionals or doctors, etc.) and.
The Client shall not insist the Attomey to~ Client understands her responsibility to hire
pursue conduct that will violate The Code‘ of and pay for the experts. If in any case the
Professional Responsibility to advance own Attomey pays for the experts, the amount paid
interests. . i ~ may be reimbursed from the Client.
LEGAL FORMS
Legal and Judicial Ethics
FORM NO. 147: CONTRACT OF LEGAL - nts that we make to third parties to
2' E:,l;ufi,?,T:1anar fonivard i.e. charges for long
SERVICES . tame te|ephOI'le and fax, courier, travel
dis '
process service, searches, transcnpts,
rt'ficates; and . _
REYES, SANTOS 8. MENDOZA 3. Sther charges for non-le9_a| $°“"_°°$- We will
bi" you Qnly for photocopying. All other items
Law Firm
1L, 1*‘ Bldg., Recto Ave., Manila will be supplied as part of our fee.
Tel NOS. 57000 I 86236
[email protected] p| e call if- you have any W95 tion about _these
¢h:;es. We want you to have a full understanding of
1 March 2021 the basis of the charges for our non-legal services.
make no guarantees of the outcome, but we will ‘give I Rave read and agreed to the terms of this retainer
you the best legal services we can. e er. .
I
1"
.t.4. . E. .l‘.1.:Q.:l. .‘i. Y. .».€~.I...'?....
FORM NO. 148: BILLING STATEMENT 10. That he will Qbey the laws. legal Orders; arid
‘I
decrees-promulgated by the duly con stituted
authorities;
REYES. SANTOS, 8. MENDOZA 11. That he is _N_ot a permanent resident or
Law Flrm immigrant to a foreign country; that the
1L, 1*‘ Bldg., Recto Ave., Manila obligation imposed by his oath is assumed
Tel Nos. 57000 I 86236 voluntarily, without mental reservation or
[email protected] purpose of ‘evasion;
March 1, 2021
12. The facts stated in the certificate of candidacy
are True to the best of his knowledge;
CLAY ENT 13. The person filing a certificate of candidacy shall
No. 1, First St. also affix his latest Photograph, passport size;
Mendiola, Manila and '
14. A statement in duplicate containing his §io-data
Re: Billing Statement and program of government not exceeding one
hundred words, if he so desires (OMNIBUS
Dear Sir: ~ ELECTION CODE, Secs. 73-78).
Please refer to the breakdown below of our billing
statement as of date, in connection with the referenced CERTIFICATE OF CANDIDACY
case. of
a. Motion for Time 1500,00 CANDY DATU I
b. Hearing -10/15/14. 11/92014 6,000.00
c. SPA for pre-trial and mediation 1,500.00 To: The Commission on Elections
i Manila
Php 9,000.00 Sir: '
We hope that you find our statement in order. - Pursuant to the requirement of the Election
Codeof 1971 (R.A. No. 6388), the undersigned hereby
Our best regards. files his certificate of candidacy for the general elections
on May 5, 2012, and states the following:
Very truly yours, 1. Her full name is Candy Datu, also generally known
with the nickname of Candy;
(Sgd.) Atty. Abe O. Gado
For the Firm 2. She announces her candidacy for the Office of City
Mayor; '
NESTOR D. CONTRERAS
COMPLAINANT