Sbu Legal and Judicial Ethics 2021 XV

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2020/21 Edition ~‘ '’
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LEGAL AND
JUDICIAL ETHICS
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Legal Forms
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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
MANDATGRY cGNTINuING LEGAL'E'DUE'ATiGN'-IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII........................ 98

NGTARIAL PRACTICE ........................................... 99
DuTIEs OF LAWYERs uNDER sPEcIEIc I=R6vI§i6II§'ii3"+1i'é'i&IiLE§'6¥'&'6ii§¥'IZIIIIII1II1lIIIIIIIIIII 106
LIABILITIEs GE A LAWYER .................................................................................................................... 108
@
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
GENERAL PRINCIPLES ............................................................................................................................ 159

PREPARING THE EGRMs IN PRACTICE ................................................................................................ 161
BASIC LEGAL WRITING ........................................................................................................................... 162
TRIAL MEMORANDUM ............................................................................................................................. 164
LEGAL GPINIGN ............................................................................................................................. 165
BASIC EGRMs ......................................................... ............................................................................. 110
Form No 01; SIGNATURE OF COUNSEL ......................................................................................... .. 170
Form No O2: SIGNATURE OF NOTARY PUBLIC ............................................................................. .. 171
Form No 03; ACKNOWLEDGMENT .................................................................................................. .. 171
Form NG O4: JURAT ........................................................................................................................... .. 174
Form No 05: AEEIRMATIGN GR OATH ............................................................................................. .. 175
JUDICIAL AEEIDAvIT ................................................................................................................................ 116
sAMPLE JUDICIAL AEEIDAvIT ................................................................................................................ 118
Form No 06; AEEIDAvIT GE LOSS .............................................. ................................................. .. 160
Form No 07: AFFIDAVIT OF SELF-ADJUDICATION BY sGLE HEIR ............................................. .. 180
Form No oa; AEEIDAvIT OF CONSOLIDATION GE GWNERsHIP IN PACTO DE RETRO SALE 162
Form NG 09; AFFIDAVIT GE GGGD ECIITH ........................................................................ ........ .. 163%
:32 N3 IL AI:§II\)iI\j/TTEgFS:I'§R:|S%ANAL SEIRIVICE GR SERVICE BY REGIsTERED MAIL (WITH
EXPLANATION) ........................................................................................................ 1. 12;;
Form No 12: THIRD-PARTY AFFIDAVIT OF CLAIM or TERCERIA ................. ............................. .. W
Form No 13; AFFIDAVIT GE BIRTH ........................................................................................ .. 18-5
Form No 14: AEEIDAvIT OF DEATH ................................................................................ I 18%
Form No 15; AFFIDAVIT GE PUBLICATION ....................................................................... .1 .
TABLE GE cd'Ii‘TIIz'II?s.
186
Form NO I6i AFFIDAVIT OF ADJOINING OWNERS
186
Form N0 I7i AFFIDAVIT OF OESISTANCE ................................................... ..
................ ..H
Form No 19; AEEIDAvIT GE PRGGE OF SERVICE BY PUBLICATION ............................. 167
T87
Form N6 19; AEEIDAvIT IN suPPGRT GE MOTION FOR suMMARYY#TJTI;>T§%TAENT It__________________ H T88
Form No 20; AEEIDAvIT IN SUPPORT OF APPLICATION FOR COP ....................H T89
EFFICIENT usE GE PAPER RULE (A.M. No. 11-9-4 sc) .....................H T89
PARTs GE A TYPICAL JUDICIAL EGRM ........ ......................................................................U T91
sAMPLE COMPLAINT ......................................... .....................................................................T. T92
sAMPLE cAPTIGNs AND TITLEs ..............................................................................................U T94
PRELIMINARY PLEADINGs .............................. ..................................................................... H T94
Form N6
Form No
21; vERIEIGATIGN ............. . s . T . T é6T. T . T T. . T TT. T . é . T . T . T.). T5.T.J.TT\.T.é.......................................................
................................... ..
It T95
Form N6 23; COMBINED VERIFICATION WITH CERTIFICATION AGAINsT FORUM sHGPPING £2
Form No 24; NOTICE OF HEARING T96
CIVIL AcTIGNs ............................................................................................................................. T97
Form No 25; COMPLAINT BAsED ON AN ACTIONABLE DOCUMENT ......................................... .. T97
Form No 26; COMPLAINT (SEVERAL CAUSES OF ACTION) ........................................................ ..
Form N0 27: ANSWER WITH THE NEGATIVE AND AFFIRMATIVE DEFENSES, COUNTERCLAIM
AND DENIAL GE DOCUMENT UNDER GATH ........................................................... .. £3
Form N6 26; NOTICE OF us PENDENS ......................................................................................... .. 202
Form No 29; PRE-TRIAL BRIEE ........................................................................................................ .. 203
Form No 30(A): PRE-TRIAL BRIEE IN CIVIL CASES ....................................................................... ..
Form No 30(8): PRE-TRIAL BRIEE GE THE ACCUSED IN GRIMINAL GAsEs ............................. .. 204
Form No 31; suMMGNs ................................................................................................................... .. 205
FGmI No :12; APPLIGATIGN FOR ISSUANCE GE SUBPOENA ....................................................... .. 205
Form No sa; SUBPOENA ................................................ . _................................................................ .. 206
MGTIGNs ................................................................................................................................................... 206
sAMPLE MGTIGN ........................................................................................................................... 207
Form No 34; MGTIGN To DECLARE DEEENDANT IN DEFAULT .................................................. .. 207
Form No 35; MGTIGN TG LIFT GRDER OF DEFAULT ................................................................... .. 206
Form No 36; MGTIGN EGR PGsTPGNEMENT GE HEARING ........................................................ .. 209
Form No 37; MGTIGN EGR BILL OF PARTICULARS ...................................................................... .. 209
Form No 36; MGTIGN TG DIsMIss .................................................................................................. .. 210
Form No 39; MOTION TO INTERVENE ............................................................................................ .. 210
Form N6 40; MOTION EGR DEMuRRER TG EVIDENCE ............................................................... .. 211
Form No 41; MGTIGN EGR JUDGMENT ON THE PLEADINGs ..................................................... .. 212
Form No 42; MOTION EGR SUMMARY JUDGMENT ...................................................................... .. 212
Form N0 432 MOTION FOR NEW TRIAL .......................................................................................... ..
Form No 44: AFFIDAVIT OF MERIT ................................................................................................. .. 213
Form N0 45: MOTION FOR RECONSIDERATION ........................................................................... .. 214
Form N0 46: MOTION FOR EXTENSION OF TIME TO FILE AN ANSWER 215
.................................... ....
Form N6 47; MOTION EGR EXECUTION ......................................................................................... 215
216
PRGvIsIGNAL REMEDIEs ..............................
Form No 49; COMPLAINT WITH PRAYER E'6R'PREEiMII{IARY'A¥AEHMEN¥iffffYffYfYYfTffffYffffff 217
Form No 491 AFFIDAVIT FOR PRELIMINARY ATTACHMENT 217
Form No 50; COMPLAINT WITH APPLICATION FOR PRELIMINARY INJGNGTIGNIIIIIIIIIIIIIIIIIIIIII fig
Form No 51; APPLICATION EGR RECEIVER ......................................................................... .. 219
Form No 52; REPLEVIN ............................................................................................................ H 220
Form No 53; AEEIDAvIT EGR REPLEvIN .......................................................................... H 221
Form N6 54; suPPGRT PENDENTE LITE ..................................................... "
sPEcIAL CIVIL AcTIGNs ............................................................................................... " 221
Form No
Form No 56:
55; ACTION
INTERPLEADER ............................................................................"
FOR DECLARATORY RELTEF ................................................................ .. 222
222
Form No 57: PETITION FOR CERTTORART ............................................................. .. 223
Pom NO 58: PETTTTON FOR PROHTBTTTON ....................................................................... .. 224
Form No 59: PETTTTON FOR MANDAMUS ............................................................ .. 225
Form No 60: PETTTTON FOR QUO WARRANTO ............................................................ .. 226
Form No GT_ COMPLAINT FOR JUDTCTAL FORECTOSUR
...................................... .. ...................................... .. 227
Form No 62;
SAMPLE GGMPLAINT
EJECTMENT EGR JUDICIAL PARTITIGN OFERIE):LMI§SRTIA§IAGE
FORM """""""""""""""""" "..
E ................................... 228
226
230
WBTETJE cGNTENTs
Form N0 63 COMPLAINT FOR UNLAWFUL DETAINER .; . .; . - I - 231
Form N0 64: COMPLAINT FOR FORCIBLE ENTRY . . . . .. 231
APPEALS 232
SAMPLE Noneé'5i5'XPP'éA'L'6'R'REE5RB'6N'XP'I5éAL"IIIIIIIIfIfIIfIIf1fI..............IfII............................. 232
Form N0 65. APPELLANT'S BRIEF ....................................................... .. 233
Form N0 661 NOTICE OF APPEAL ................................................................. ;.
234
Form N067. PETITION FOR REVIEW ...... . .. . .. .. .. 235
SPECIAL PROCEEDINGS . ..
236
Form No 68; EXTRA I05'1<5iA'L'5E§EEME'N¥'GF'é§TA¥E"6FA'D'éEEA'éjéB'P'E'R§G'N"1""""" 236
Form No 69: SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE . . 237
Form No 70: PROBATE OF WILL ............ .. . ............................ ............................. ..
238
Form No 71: PETITION FOR LETTERS OF ADMINISTRATION .. . .............. ..
239
Form No 72: ESCHEAT .............................................................................................. ..
240
Form No 73: PETITION FOR GUARDIANSHIP OF MINOR .................................. ..
240
Form No 74: PETITION FOR HABEAS CORPUS ....................................................... ..
241
Form No 75: PETITION FOR HABEAS CORPUS FOR CUSTODY OF A MINOR ;;;; . .
242
Form No 76: PETITION FOR WRIT OF HABEAS DATA .......................................... ..
242
Form No 77; PETITION FOR WRIT OF AMPARO ................................................ ..
243
Form No 78: PETITION FOR CHANGE OF NAME
246
CRIMINAL ACTIONS ..........................................................................................
Form No 79: CRIMINAL COMPLAINT ..................................................... .. 247
SAMPLE CRIMINAL COMPLAINT .................... 248
SAMPLE INFORMATION ......................................................................................................................... ..
"-4 --------------- 4. 248
Form No 80: CAPTION OF CRIMINAL COMPLAINT REQUIRING PRELIMINARY INVESTIGATION 249
249
Form N0 81: JURAT OR OATH OF CRIMINAL COMPLAINT OR AFFIDAVITS OF WITNESSES
BEFORE THE PROSECUTOR ................................................. ..
Form N0 823 COMPLAINT-AFFIDAVIT ........... ..................... .. 250
INFORMATION ------------------------------------------------------------------------------------------ IIII .----|.-““.----- 250
250
Form No 83 ' CERTIFICATE OF PRELIMINARY INVESTIGATION ......................... ..
251
Form No 84 I CERTIFICATION AS TO CONDUCT OF INOUEST ............................... . .
251
Form No 85 ' INFORMATION FOR ACTS OF LASCIVIOUSNESS ............................. ;.
251
Form No 86 INFORMATION FOR RAPE ............................................................... ..
252
Form ND 87 INFORMATION FOR MURDER ...... ................................... .;
253
Form NG 88 INFORMATION FOR HOMICIDE .......................................................... ..
254
Form No 89 INFORMATION FOR SERIOUS PHYSICIAL INJURIES ..................... ..
254
Form No 90 INFORMATION FOR FORCIBLE ABDUCTION ................................... ..
255
Form No 91 INFORMATION FOR ABDUCTION WITH CONSENT ....................... ..
255
Form No 92 INFORMATION FOR ABDUCTION WITH RAPE ............................ ..
255
Form ND 93 INFORMATION IN ACTION FOR ARSON ............................................ ..
Form NG 94 INFORMATION FOR ADULTERY .................................................... .. 256
Form No 95 INFORMATION FOR CONCUBINAGE .......................................... .. 256
257
Form No 96 INFORMATION FOR QUALIFIED BRIBERY ....................................... ..
258
Form No 97 INFORMATION FOR MALVERSATION ......................................... ..
259
Form No 98; INFORMATION FOR DAMAGE TO PROPERTY THROUGH RECKLESS
IMPRUDENCE .......................................................................... ..
259
Form No 99; INFORMATION FOR ESTAFA . .. .. .. ., ...
260
Form N0 100: INFORMATION FOR VIOLATION OF B;P BLG. 22 . . . . ; . . . . . ; . ; . . . . , . . . .
261
Form N0 101: INFORMATION FOR FALSIFICATION OF PRIVATE DOCUMENTS
262
Form No102:INFORMATION FOR FALSIFICATION GE OFFICIAL DOCUMENTS ....lIII‘II.I.H:II.IIIl 262
Form N0 1033 INFORMATION FOR ROBBERY .................................................... ..
263
Form ND 104; INFORMATION FOR THEET ..I'l.IIIII'I';.Ii'II'II 264
Form No 105; INEGRMATIGN FOR vIGLATIGN OF RA. NO. 9165 (COMPREHENSIVE
DANGERGus DRuGsAcTGE20o2I.....; ._ 264
MOTIONS ...... .. | - - ¢ - - - - - - - . - . . - - - - | - - - . - . - - - - - . . . . . - - - . . . . . - - - - - . . - - - - . . . - - - . - . . - - . - . - - - - . . - . . . . - - - . - - I . - - - - - - - . . - . . . - - - . 4 - . . - - . . - . - . - - . . . . -.
265
Form No 106; MOTION FOR BAIL ....................................................................... ..
265
Form N0107; MOTION TO OUASH ........... .................................... ..
LEGAL FORMS COMMON TO CIVIL AND CRIMINAL ACTIONS ....................................... .. 266
266
Form N0 108; APPEARANCE AS COUNSEL .
266
Form N0 1091 WITHDRAWAL AS COUNSEL (WITH CONFORMITY OF CLIENT)
267
Form N0 110: WITHDRAWAL OF APPEARANCE AS COUNSEL (WITHOUT CONFORMITY OF
267
NEMKJ RY AIDIQ
TABLE OF CONTENTS
CLIENT) .. 1 .................... Al 287
Form No 111. SUBSTITUTION GE COUNSEL ............................................................................ .: 268
Form N0 I12. DEMURRER TO EVIDENC E ................................................................................ .. 269
DEEDs. CONTRACTS, AND GTHER INsTRuMENTs ....................................................................-- 270
Form NG113: sALE OF REGIsTERED LAND ............................................................................... .. 271
Form N0 114: OPTION To PURCHASE REAL PRGPERTY ............................................................ .. 271
Form No 115: LEAsE OF REAL PRGPERTY ................................................................................... .. 273
Form NG116: DEED OF sALE GE uNREGIsTERED LAND ........................................................... .. 273
Form No 117; DEED OF SALE WITH MGRTGAGE ......................................................................... .. 274
Form N0 118: REAL ESTATE MORTAGE 275
Form N0 119: PLEDGE AGREEMENT . . . . I . - - - - - I - I - I I . I . . . . . . . . 2 . . . - I . . . . - . - . . - . . - . . . . . . . . . . . . . .. 275
Form N0 120: SALE OF CONDOMINIUM UNIT ................................................................................ .. 278
. . . . . - . . . . . . . . . . . I . . . . . ..
Form N0 121; DEED OF ASSIGNMENT . . . . . - - . - - . . . . - . . 4 . . . . . . - . I . - . - - I . I . . . . . . - . . . . - . I - . I . - . . . I . - ~ < - . I . .- 278
Form No I22: SALE OF PERSONAL PROPERTY (MOTOR VEHICLE) .......................................... .. 278
Form N0 123: LEASE OF PERSONAL PROPERTY ......................................................................... .. 279
- - I . . . - . I . . - . . . - . - . . - . - I - - - . . . . 1 . . . . 4.
Form NG 124: CHATTEL MORTGAGE . - I . | I . - - - . . - . - 4 . . I . . - - . . - . . - - - . - . - . I . - - . I . . - . . 4 . I - . 1-
279
Form No 125: CHARTER PARTY .......... .. . . - . . 4 - . - - - . - - - I - . . - - . . I . . - . . - . | - . - - | . - - - . 1 . I 4 . - - I . I . . . . - . . - . . . . - - . . .
281
Form N0 1261 EASEMENT OF RIGHT OF WAY ............................................................................... .. 283
¢ o - I I a o | Q a | - I n a u - u | - | o u ¢ ¢ - ¢ : u n | a n | | | | | u - a - Q an
POWER OF ATTORNEY ................................ 283
Form N0 127: GENERAL POWER OF ATTORNEY ......................................................................... .. 283
Form No 128: SPECIAL POWER OF ATTORNEY ........................................................................... .. 284
Form No 129: REVOCATION OF POWER OF ATTORNEY ............................................................. .. 285
WILLS AND DONATIONS ............................. nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn an 285
Form N0 130: HOLOGRAPHIC WILL .... .. - . | - I - . ¢ . - ¢ - - - - - - 4 - - . - - - . - . 4 - - - - | . | . | . | ¢ I - - I - - . - . - - . - - - . - - . . - | - . 4 . . . - - . ¢ . . - . - - - - - - . - - - . . . . 4. 285
Form No 131: NOTARIAL WILL ............ .. . - | - I . - - ¢ . - - - » . - 4 ¢ . - . - - . I - - - - 4 - . . - - - . - I - ¢ . - - - - - I - - - . - - - . - - . , - - . - . . - - - . - - . . - - - - ¢ - - ¢ . I - - - . . - .- 286
Form No 132: DONATION MORTIS CAUSA .................................................................................... .. 287
PARTNERSHIPS AND CORPORATIONS ......................... nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn n
287
Form No 133: ARTICLES OF GENERAL PARTNERSHIP ............................................................... .. 288
Form No 134: ARTICLES OF LIMITED PARTNERSHIP .................................................................. .. 289
Form No 135: ARTICLES OF INCORPORATION OF STOCK CORPORATION ............................. .. 290
Form No 136: ARTICLES OF INCORPORATION OF NON-STOCK CORPORATION .................... .. 290
Form No 137: ARTICLES OF INCORPORATION OF CORPORATION SOLE ................................ .. 291
Form No 138: ARTICLES OF INCORPORATION OF RELIGIOUS SOCIETY ................................. .. 292
Form No 139: ARTICLES OF INCORPORATION OF ONE PERSON CORPORATION .................. ..
293
Form No 140: CERTIFICATION OF BOARD RESOLUTION BY CORPORATE SECRETARY ....... ..
294
Form No 141: CERTIFICATE OF CORPORATE DISSOLUTION ..................................................... ..
294
NEGOTIABLE INSTRUMENTS .................................................................................................................
Form No 142: PROMISSORY NOTE ..... .. . - ' I - I - - - . - - ~ - - . . ¢ - - - - - . - . . I . . . - - - - ~ - - I . I - - - . - - - - - . - - - . - . - - - . . . . . . - . . . . - - - - - - . . . . . . . . - . - . <-
294
Form No 143: BILL OF EXCHANGE ...... .. . - , . - - - - . . - - - - - - - - . - - . . - - - 4 . I - - - - - . . - - - - - - . . - . - - - . . . . . - . . . . . - I - . . . - - . - - - . - - . - . . . - ~ - - . . . . . .. 295
Form No 144: CHECK ............................ .. - . - I . - - . . - - - - I - . - - - . . . T - - . - . - - - - . - - - - - . . . - . . - - . . . . . . - - . . . . . . . - - . . . . - - . - - - - . . . . . - . . . . . . . . . .- 295
COMMON FORMS FOR LAW PRACTICE | n u n a n u a n u n | u a - | ¢ I - n n u n | - B u ¢ u n ¢ - | u u - n u | - ¢ n ¢ - - - - E | Q - - | u | | a . | | . a ¢ ~ Q u u u - u - - - o - Q a u n n c u u - u n | u n an 295
Form No 145: RETAINER AGREEMENT . I - . . . | - - . . . - - - - . - . - - - . . . . . . . . . . . . . - - - . . . . . . - . - . . . . . . . - - . I - . . . . . . . . - - - - - - - . . - - - - - - - . - - - - - - .- 295
Form No 146: DEMAND LETTER .......... .. 297
Form No 147: CONTRACT OF LEGAL SERVICES .......................................................................... .. 298
Form NG 148: BILLING STATEMENT .... .. - . . I . - - . . . . . - - . . . . - . . - - » . . . . . . . - - - I . . . I . . - . . . - . . . . . . . . . . . - . . . - . - . . . . . . - . . . . - - . - . . - . . . . . . . .. 299
Form No 149: CERTIFICATE OF CANDIDACY ................................................................................ .. 299
Form No 150: AUTHORIZATION LETTER 300
Form N0 151: WAIVER AND QUITCLAIM IN LABOR CASES ........................................................... 300
BIBLIOGRAPHY ........................................... .. | n u - | - n - ~ | n u | - - - ¢ | - | - - ¢ - Q u n u n - » | - | - | - | | | | u n ¢ | | ¢ .1 n u I - - n ¢ u | | n | - - | - - ¢ - Q - - | - u u n n n ~ up - - | | u Q - n |- 302

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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
3. Canons of Professional Ethics fnttgtnfié srefggnggg ?,;‘§,3Be§zfiL,:,ggE2g2

The canons are adopted by the Philippine Bar & DECHAVEZ supra at 31)_
Association as a general guide, yet_ the
enumeration of particular duties should not be 6. various bsuances of the supreme Court
construed as a denial of the existence of others by virtue of its Ru|e_Making Power
equally imperative, though Pno(t)
"“*"“°"°° l°"”°”s -°F R SIGNIFICANCE OF LEGAL ETHICS
ETHICS Preamble) 1. Legal Ethics will guard against the abuses and
4 Revised pend code ills of the profession_such as dishonesty, deceit.
' immorality, negligence, slothfulness. lack of
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
(DIZON, Basic Legal_ Ethlcs (2017), p_ 63

diligence. and the many forms of malpractice 01 [hereinafter, DIZON, Basic Legal Ethics]).
the members of the Bar.
2. it will raise the standard of the legal profession, Attorney of Record - An attomey whose name
encourage and enhance the respect for the law. together with his address is entered in the record oi
assure an effective and efficient administration a case as the designated counsel of the party liligam
of justice, and assist in the keeping and in the case and to whom judicial notices thereto are
maintenance of law and order in coordination sent (DIZON, supra at 1-2).
with the other departments of the government.
3. It also provides the basis for the weeding out of Bar - The whole body of attorneys and body of
the unfit and the misfit in the legal profession for
judges. It refers to the legal profession (AGPALQ
the protection of the public (MENDOZA- supra at 4).
ARCEGA 8. DECHAVEZ. supra at 6-12).
NOTE: Bar originally meant that particular part of the
DEFINITION OF TERMS COMMONLY courtroom which separates the judge from the
USED IN LEGAL ETHICS lawyers, litigants, and the general public. Thus,
Advocate — One who pleads the cause of another members of the Bar formerly referred to lawyers who
before a tribunal or court (Villages v. Legaspl. G.R. appeared behind partitions which separates the
No. 53869. March 25, 1982). lawyers from the judges (DOMONDON, Legal and
Judicial Ethics and Practical Exercises (2019), p. 40
Amicus curiae — Literally means “Friend of the [hereinafter, DOMONDON, Legal and Judicial
Court.‘ He is an experienced and impartial attomey Ethics]).
invited by the court to appear and help in the
disposition of the issues submitted to it (RULES OF Bar Association - An association of members of
COURT. RULE 138, Sec. 36). the legal profession like the Integrated Bar of the
Philippines where membership is integrated and
Amici curiae par excellence — Bar associations compulsory (ALBANO, supra at 4). Other bar
which appear in court as friends to expound in some associations include the Philippine Bar Association,
matters of law for the information of the court Trial Lawyers Association of the Philippines, The
(ALBANO, Legal and Judicial Ethics Reviewer Philippine Lawyers Association. among others.
(2021), p. 4 [hereinafter ALBANO, Legal and Judicial
Ethics Reviewerj). 7 Barrister - A person entitled to practice law as an
advocate or counsel in superior courts (MENDOZA-
Attomey - The title given to those who passed the ARCEGA & DECHAVEZ. supra at 41).
regular Philippine Bar examinations, taken the
lawyer's oath and signed the roll of attorneys (Alawi Bench - The whole body of counselors, members of
v. Alauya, A.M. SDC-97-2-P, February 24, 1997). the judiciary or the judges and the justices of
different courts. Members of the bench are
Attomey Ad Hoc - A person named and appointed necessarily members of the Bar as well (DIZON,
by the court to defend an absentee defendant in the supra at 62).
suit in which the appointment is made (MENDOZA-
ARCEGA & DECHA VEZ, supra at 41). NOTE: Judges used to sit on wooden benches.
Hence, the appellation member of the bench
Attorney-At-Law - Class of persons who are by (DOMONDON, supra at 40).
license, officers of the courts, empowered to appear,
prosecute, and defend and upon whom peculiar Client - One who engages the services of a lawyer
duties, responsibilities and liabilities are developed for legal advice or for purposes of prosecuting or
by law as a consequence (Cui v. Cui, G.R. No. L-' defending a suit in his behalf and usually for a fee
18727, August31, 1964). (ALBANO, supra at 3).
NOTE: Attomey at law is synonymous with
counselor-at-law, lawyer, attomey, counsel, Counsel — An officer of the court who is associated
"abogado" and "boceros" (PINEDA, supra at 5). inthe management of a particular case, or whoacts
as a_ legal adviser in reference to any matter
Attomey-In-Fact - An agent whose authority is requiring legal knowledge and judgment
strictly limited by the instrument appointing him, (MENDOZA-ARCEGA & DECHA VEZ, supra at 41).
though he may do things not mentioned in his
appointment necessary to the performance of the Counsel de oficio — A counsel, appointed or
duties specifically required of him by the power of assigned by the court, from among members of the
attomey appointing him, such authority being
necessarily implied. He is not necessarily a lawyer. Bar ‘fl 900d Standing who, by reason of their
experience and ability, may adequately defend the
1"
M EM/QRY AID
Mn pg“ t.I'\-In-<ty Conga at tun RGCI Bar Operations CBTIIUI
accused (People v. Daban, G.R. No. L-31429,

January31, 1972) render any kind of service which advice or service
requires the use in any degree of legal knowledge or
skill (Cayetano v. Monsod, G.R. No. 100113.
NOTE: A counsel de olficio is an attorney appoihjed September 3, 1991).
by the court to defend an indigent defendant in a
cnminal action or to represent a destitute party ih 3
case (MENDOZA-ARCEGA 8. DECHA VEZ, supra at The term practice of law is not limited to the conduct
42) of cases in court or to participation in court
proceedings but extends to the preparation of
Counsel de parte — A private counsel, secured by a Pleadings or papers in anticipation of a litigation, the
client at his own and will and choice without 9iVl"9 of legal advice to clients or persons needing
intervention of the government (MENDOZA- the same, the preparation of legal instruments and
ARCEGA & DECHAVEZ, supra at 42). contracts by which legal rights are secured, and the
preparation of papers incident to actions and special
House (or in-house) Counsel - Lawyer whQ acts as Proceedings (Decena v. Malanyaon, A.M. No. RTJ-
attomey for business though carried as an employee 10-2217, April 8, 2013).
of that business and not as an independent la
Generally. such lawyer advises business on awyer.
day- THE PRINCIPAL TYPES OF
to-day matter (PINEDA, supra at 9). PROFESSIONAL ACTIVITY IN THE
PRACTICE OF LAW: (ADA)
Lead Counsel - The counsel on their side of a 1. Legal Advice and instructions to clients to inform
litigated action who is charged with the principal them of their rights and obligations; .
management and direction of a party's case (DIZON, 2. Preparation of Qocuments requiring knowledge
supra at 63). _ of legal principles not possessed by ordinary
layman; and
Of Counsel - To distinguish them from attomeys of 3. Appearance for clients before public tribunals
record, associate attomeys are referred to as ‘of (Ulep v. Legal Clinic Inc., supra).
counsel." They are experienced lawyers, usually
retired members of the judiciary who are employed OTHER ACTS CONSTITUTING
by law finns (ld.). PRACTICE OF LAW
Paralegal - A person who has some education in law Applying the broad definition adopted in Cayetano v.
and assists a lawyer in duties related to the practice Monsod, the Court has since held the following
activities as constituting practice of law: -
of law but who is not a licensed attomey (BLACK'S 1. A lawyerleconomist, a lawyer-manager, a
LAW DICTIONARY, 9th Edition, p. 1220). lawyer-entrepreneur, a lavvyer-negotiator of
contracts, and a lawyer-legislator of both the rich
NOTE: In our jurisdiction, the services being offered and the poor are engaged in the practice of law
which constitute practice of law cannot be performed (Cayetano v. Monsod, supra.);
by paralegals. Only a person duly admitted as a 2. When lawyers teach law, they are considered
member of the bar, or hereafter admitted as such in engaged in the practice of law. Thus, their
accordance with the provisions of the Rules of Court, actions as law professors must be measured
and who is in good and regular standing, is entitled against the same canons of professional
to practice law (Ulep v. Legal Clinic, lnc., B.M. No. responsibility applicable to acts of members of
553 (Resolution), June 17, 1993). the Bar as the fact of their being law professors
is inextricably entwined with the fact that they
Solicitor - A govemment lawyer attached with or is are lawyers (Re: Letter of the UP Law Faculty
under the Office of the Solicitor General entitled “Restoring Integrity: A statement by the
(MENDOZA-ARCEGA & DECHA VEZ, supra at 42). Faculty of the University of the Philippines
College of Law on the allegations of plagiarism
and misrepresentation in the SC," A.M. No. 10-
10~4-SC, March 8, 2011):
3. Discharging functions of a govemment office
PRACTICE OF LAW which requires the holder to be authorized to
practice law (Eustaquio v. Navales, A.C. No.
10465, June 8, 2016; Lingan v. Attys. Romeo
Calubaqulb & Jimmy Baliga, A.C. No. 5377.
Practice of law is any activity in or out of court. June 30, 2014); and ‘
which requires the application of law, _legal 4. Acting as client's attomey-in-fact is considered
procedure, knowledge, training and experience. practice of law. (Bonlfaclo v. Era, A.C. No
Generally, to practice law is to give advice or to 11754, October 3, 2017).
LEGAL ETHICS
CRITERIA FOR THE PRACTICE OF LAW: NA1'URE OF THE PRACTICE OF LAW:

(crux) lPA"°l _
Compensation Erivileger "Oi T19“
- it implies that one must have presented It is a privilege giver! to lavvyers who meet the
himself to be in the active practice and that his high standards of legal proficiency and morality,
professional services are available to the public including honesty, integrity, and fair dealing.
for compensation, as a source of livelihood or in They must perform their four-fold duty to society,
consideration of his said services (People v. the legal profession, the courts, and their clients,
Villanueva, G.R. No. L-19450, May 27, 1965); in accordance with the values and norms of the
legal profession as embodied in the Code of
flabituality Professional Responsibility (Plumptre v. Rivera,
- Practice of law does not pertain to an A.C. No. 11350, August 9, 2016).
isolated court appearance; rather. ll
contemplates a succession of acts of the same The practice of law is NOT a property right but a
nature habitually or customarily holding one's mere privilege and as such must bow to the
self to the public as a lawyer (Office of the Court inherent regulatory power of the Court to exact
Administrator v. Ladaga, A.M. No. P-99-1287 compliance with the lawyer's public’
(Resolution), January 26, 2001); responsibilities (In Re: Edillon, A.M. No. 1928,
August 3, 1978);
NOTE: However, an isolated appearance may
constitute practice of law when there is a rule NOTE: While the practice of law isia privilege, a
prohibiting some persons from engaging in the lawyer cannot be prevented from practicing law
exercise of the legal profession (Lichauco et al. except for valid reasons, the practice of law not
v. A/ejandrino, G.R. No. L-6513, December 15, being a matter of state's grace or favor (RULES
1911). ~ OF COURT, RULE 138, Sec. 30; AGPALO,
supra at 39_). He holds office during good
Examples of Isolated Appearance behavior and can only be deprived of it for
constituting practice of law: misconduct ascertained and declared by
a. A lawyer who is a member of the Legislature judgment of the Supreme Court after opportunity
. cannot appear as counsel before any court to be heard has been afforded him (Alcantara v
of justice or Electoral Tribunals, or quasi- De Vera, A.C. No. 5859, November 23, 2010).
judicial and other administrative bodies
even in a single instance (CONST., Art. VI, It cannot be Assigned or inherited (Ulep
Sec. 14); and ' v. Legal Clinic lnc., B.M. No. 553, June 17,
b. A layman cannot appear as counsel, except 1993»
to the extent permitted by law, for any
person before the court,even in a single grofession, not business
occasion (Lichauco et al. v. Alejandrino, lt is a profession and not a business. The
G.R. No. L-6513, December 15, 1911). practice of law is a profession in which duty to
public sen/ice, not money, is the primary
Application of law, legal principle, consideration. Lawyering is not primarily meant
practice or procedure which calls for to be a money-making venture, and law
legal knowledge, training and advocacy is not a capital that necessarily yields
experience (AGPALO, supra at 39). profits. The gaining of a livelihood should be a
secondary consideration. The duty to public
NOTE: Engaging in the practice of law service and to the administration of justice
presupposes the existence of a lawyer-client should be the primary consideration of lawyers,
relationship (AGPALO, supra at 39). However, a who must subordinate their personal interests or
lawyer may be considered as engaged in the what they owe to themselves (Brunet v. Guaren,
practice of law even in the absence of a lawyer- A.C. No. 10164 (Resolution), March 10, 2014);
client relationship. Teaching law, for instance, as and "
held in Re: Letter of the UP Law Faculty (A.M.
No. .10-10-4-SC, March 8, 2011), constitutes It is burdened with Qonditions.
practice of law, even though said activity is not There should be faithful compliance with the
founded on a lawyer-client relationship. rules of the legal profession, maintenance of the
highest degree of morality, and adherence to the
standards of mental fitness (Zaldivar v.
Sandiganbayan, G.R. nos. 79690-707, April 7.
1993).
ll:.>......
9. Exercise overall §upervision of the legal
The practice of law is a privilege burdened with profession (AGPALO, supra at 5-6).
conditions. Adherence to the rigid standards of
mental fitness, maintenance of the highest
degree of morality and faithful compliance with
the rules and the legal profession are the QUALIFICATIONS
conditions required for remaining a member of
good standing of the bar and for enjoying the
pnvilege to practice law (Manalang v. Buendia,
A.C. No. 12079, November 10, 2020). Persons Entitled to Practice Law
Any person heretofore duly admitted as a member
REGULATION OF PRACTICE OF LAW of the bar, or hereafter admitted as such in
The Supreme Court is mandated by the accordance with the statutory requirements, and
Constitution to promulgate rules conceming the who is in good and regular standing, is entitled to
protection and enforcement of constitutional rights, practice law (RULES OF COURT. RULE 138, Sec.
pleading, practice, and procedure in all courts, the 1).
admission to practice of law, the integrated bar, and
legal assistance to the under-privileged (CONST. Every applicant for admission as a member of the
bar must be a citizen of the"Philippines, at least
Art. Vlll, Sec. 5, Par. (5)). *
twenty-one (21) years of age, of good moral
character, and a resident of -the Philippines; and
Independently or even in the absence of such must produce before the Supreme Court satisfactory
constitutional provision, the right to define and evidence of good moral character; and that no
regulate the practice of law naturally and logically charges against him, involving moral turpitude, have
belongs to the judiciary represented by the high been filed or are pending in any court in the
tribunal since the practice of law is inseparably Philippines (RULES OF COURT, RULE 138, Sec.
connected with the exercise of its judicial power in 2). .
the administration ofjustice (In Re: Cunanan, 94 Phil
534, March 18, 1954; AGPALO, supra at 27).
REQUIREMENTS FOR ADMISSION TO
On the other hand, the legislature, in the exercise THE BAR: (GRACE-B-MAOS)
of its police power may enact laws regulating the 1. good moral character; L
practice of law to protect the public and promote the
public welfare. But the legislature may not pass a law NOTE: g Good moral character is not only a
that will control the SC in the perfom1ance of its condition precedent relating to his admission
function to decide who may enjoy the privilege of into the practice of law, but is also a continuing
practicing law and any law of that kind is imposition in order for him to maintain his
unconstitutional as an invalid exercise of legislative membership in the bar (Ong v. Atty. William
power (/d.). Delos Santos, A.C. No. 10179, March 4, 2014).
THE POWER OF THE SUPREME COURT Lawyers have been repeatedly reminded by the
TO REGULATE THE PRACTICE OF LAW Court that possession of good moral character
INCLUDES THE AUTHORITY TO: is both a condition precedent and a
continuing requirement to warrant admission
(o=Ro=P=s) to the Bar and to retain membership in the legal
1. Qefine the term; profession. This proceeds from the lawyer's
2. Qecide who will be admitted to practice; bounden duty to observe the highest degree of
3. . Qiscipline, suspend, or disb_ar any unfit and morality in order to safeguard the Bars integrity,
unworthy member of the bar; and the legal profession exacts from its
4. Beinstate any disbarred or indefinitely members nothing less. Lawyers are called upon
suspended attomey; to safeguard the integrity of the Bar, free from
5. Qrdain the integration of the Philippine Bar; misdeeds and acts constitutive of malpractice.
6. Exercise any Qther power as may be necessary Their exalted positions as officers of the court
to elevate the standards of the bar and preserve demand no less than the highest degree of
its integrity; morality (Pasamonte v. Teneza, A.C.-No. 11104,
7. Erescribe the qualifications of a candidate to and June 9, 2020).
the subjects of the bar examinations;
8. flunish for contempt any person for The good moral conduct or character must be
unauthorized practice of law; and possessed by lawyers at the 'time of their
application for admission to the Bar and must be
LEGAL 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
is not entitled to use the title "Atty." and practice law

NOTE: The practice of all professionsin the
unless and until he passes the bar and meets the
requirements of the Rules of Court. His voluntary Philippines shall be limited to Filipino citizens.
save in cases prescribed by law (CONST., Art.
deslstance from using the title does not mitigate his
liability either. Falsely claiming to be an attorney and Xll, Sec. 14).
acting as such without authority constitutes
contempt of court (Eco v. Choa, B.M. 1217, January The citizenship requirement is not harsh nor
18, 2005). unreasonable but is based on wise and sound
principles of public policy, which takes into
account the close connection of the practice of
law with the administration of justice and the
CONTINUING other branches of the govemment. An alien
cannot well maintain allegiance to the Republic
REQUIREMENTS FOR of the Philippines, which is required in the oath
THE PRACTICE OF LAW of a lawyer (AGPALO, supra at 55).
While the practice of law in the Philippines is

limited to Filipino citizens, there is nothing wrong
in an arrangement where foreign law firms
CONTINUING REQUIREMENTS FOR have tie-ups with local law firms for the purpose
THE PRACTICE OF LAW1: (TIP-SM-GC) of servicing branches of multinational
1. Payment of professional lax; corporations in the country; provided, only
2. Membership in the IBP; lawyers of local firms shall render legal services
. Payment of IBP dues; for various concerns of local branches
. Good and regular §tanding; (ANTIQUIERA, Comments on Legal and
. Compliance with the MOLE; Judicial Ethics (2018), p.7 [hereinafter,
_o>u-iao Possession of Qood moral character; and ANTIQUIERA, Legal Ethics]).
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
a. Before the NLRC; _

GUIDELINES FOR RE-ACQUISITION OF b. Qepartment of Agrarian Reform
THE PRIVILEGE TO RESUME PRACTICE Adjudication Board (DARAB); and
OF LAW c. Appointed or designated in accordance with
A verified petition must be filed with the Office of the law.
Bar Confidant in six (6) copies. The petition shall
state among others, the following: (NYC-GM’) REQUISITES UNDER THE LAW
1. Full Name of the petitioner; STUDENT PRACTICE RULE
2. {ear admitted to the Philippine Bar;
3. Circumstances relating to petitioner's loss of
<1“ - 3*" - ECIO)
Philippine citizenship as well as hislher 1. Has successfully completed 1_" year (For Levei
subsequent re-acquisition thereof; 1 Certification) or 32 Year (For Level 2
4. He possesses the good moral character Certification) of the regular 4-year prescribed
required from a member of the Bar; law curriculum, depending on the forum where
5. That the petitioner has not been charged with the student intends to appear;
violation of any law, decree, ordinance, 2. Must be Enrolled in a recognized law school's
administrative issuance by any government clinical legal education program approved _by the
office, agency, or instrumentality in the Supreme Court;
Philippines or in any foreign country involving 3. May appear in any Qivil, criminal, or
Moral turpitude; and administrative case before any trial court,
6. That the petitioner has not been found liable for, tribunal, board, or officer without
guilty of, or imposed a sanction or penalty for compensation;
violation of any law, decree, ordinance. 4. Must represent indigent clients accepted by the
administrative issuance, or regulation by any legal clinic of the law school (RULES OF
court. tribunal, bar association, disciplinary - COURT, Rule,138-A, Sec. 1); and
committee, or any other govemment office, 5. Must take the Law Student Practitioner's Qath,
agency or instrumentality in the Philippine or any which is a modified lawyer's oath (A.M. No. 19-
foreign country involving Moral turpitude and 03-24-SC, Section 8).
giving the particulars thereof, if any (DIZON,
supra at 218-219). . ' NOTE: The law student shall be under the direct
supervision and control of a member of the IBP duly
PROHIBITIONS AND LIMITATIONS IN accredited by the law school if he appears in the
RTC, and without such supervision if he appears in
THE PRACTICE OF LAW: - an inferior court as an agent or friend of a party
1. Appearance of Non-Lawyers in Court; (RULES OF COURT, Rule 138-A, Sec. 2).
2. Practice of Law by a Corporation;
3. Practice of Law by Public Official » The phrase “direct supervision and control"
requires the physical presence of the supervising
lawyer during the hearing (In Re: Need that Law
Student Practicing under Rule 138-A be Actually
APPEARANCE OF Supervised during Trial, B.M. No. 730, June 13,
1997). .
NON-LAWYERS IN
COURT A.M. NO. 19-03-24-SC (REVISED LAW
STUDENT PRACTICE RULE) "
The SC adopted and promulgated A.M. No. 19-03-
GENERAL RULE: Only those who are licensed to 24-SC, otherwise known as the Revised Law
practice law can appear in court (RULES OF Student Practice Rule (Revised Rule) on June 25,
COURT. RULE 138, Sec. 1). 2019. The Revised Rule is an amendment to the
existing provisions of Rule 138-A of the Rules of
EXCEPTIONS: (Sllll’OC- NDA) Court. A salient feature of the Revised Rule is that a
1. Law §tudent Practice Rule;_ law student must now be certified to be able to
2. Non-Lawyers in Courts engage in the limited practice of law (SC Amends
a. In Criminal Cases Before the MTC; Rule 138 Anew, August 13, 2019, Retrieved from
b. In Civil Cases Before the MTC; https://sc.judiciary.gov.ph/5726/).
c. In Civil Cases Before Any Qther Court; and
d. Before a Qadastral Court NOTE: The amendment shall apply to the bar
3. Non-Lawyers in Administrative Tribunals and - examination applications commencing the 2023 bar
Labor Tribunals examinations (SC Amends Rule 138 Anew, August
ix) 23linv AID
;I‘|'I Colegao1tiu»R0CT8aiOoomnon|Cenle1
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
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).
PROCEEDINGS WHERE LAWYERS ARE

PROHIBITED FROM APPEARING: PRACTICE OF LAW BY
(KI-SC) A. CORPORATION
1. Proceedings before the Aatarungang
Pambarangay
- during the pre-trial conference under the
rules of Court, lawyers are prohibited from Under the present state of our law and
appearing for the parties. Parties must appear in jurisprudence, a corporation cannot be organized for
person only except minors or incompetents who or engage in the practice of law in this country (Ulep
may be assisted by their next of kin who are not v. Legal Clinic, Inc., B.M. No. 553 (Resolution), June
lawyers (LOCAL GOVERNMENT CODE, Sec. 17, 1993). A corporation cannot practice law directly
415); or indirectly by employing a lawyer to practice for it
or to appear for others for its benefit. However, it
2. Under the “The indigenous People's Rights may hire an attorney to attend to and conduct its own
Act of 1997" legal business or affairs (AGPALO, supra at 44).
- the general rule is that, lawyers are
prohibited to appear for any party as counsel. REASONS: '
The exception is when such lawyer is appearing 1. A corporation cannot perform the conditions
in his/her capacity as a member of the council of required for membership in the Bar, such as the
elders or due to his/her obligation as member of possession of good moral character and other
the Indigenous People's community or for the special disqualifications, the taking of an oath
purpose of defending or prosecuting his/her and becoming an officer of the court, subject to
case (Administrative Circular No.1, S. 2003. its discipline, suspension, or removal; and
Sec. 10, pursuant to R.A. 8371, Section 44 (0)); 2. The intervention of the corporation is destructive
and - of the privilege and of the confidential and trust
relation between attomey and client. Such
3. Under the Rule of Procedure for §malI _C_|aims relation cannot arise where the attomey is
Cases employed by a corporation to practice for it, his
- no attorney shall appear in behalf of or employer and him owing, at best, a secondary
represent a party at the hearing, unless the and divided loyalty to the clientele of his
attomey is the plaintiff or defendant (A.M. No. corporate employer (AGPALO, supra at 45).
. 08-8-7-SC, Sec. 17).
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).
PUBLIC OFFICIALS WHO ARE

REMEDIES AND ABSOLUTELY PROHIBITED ' TO
SANCTIONS FOR ‘PRACTICE LAW IN THE PHILIPPINES:
(.i1cLoes-P=c)
IPRACTICE OR 5 ‘ 1. gudges; and other officials or employees of the
APPEARANCE VVITHOUT superior court (RULES OF COURT, RULE 138,
Sec. 35); ~ .
AUTHORITY 2. Membersfof the gudicial Bar Council (CONST.,
Art, IX-A, Sec. 2); '
3. Chairman and members of the Constitutional
Commissions (CONST. Art. IX, Sec. 2);
REMEDIES AND SANCTIONS FOR’ 4. Those who, by special Caw, are prohibited from
UNAUTHORIZED PRACTICE OF LAW engaging in the practice. of their legal profession,
but if-so authorized by the department head, he -
1. Lawyers without authority from the court or from may, in an isolated case, act as counsel for a
a party litigant: (SIC-DADE) relative or close family friend (Noriega v. Sison,
a. §uspension (In Re: Petition to Sign in the A.C. No. 2266, October 27, 1983);
Roll ofAttomeys, B. M. No. 2540, September 5. Cmbudsman and his deputies (CONST. Art. IX,
24, 2013); Sec 8, Par. (2));
b. Petition for Injunction (AGPALO, supra at 6. Covemors, city and municipal mayors (R.A. No.
56), 7160, Sec. 90);
c. Contempt of Court (RULES OF COURT,
RULE 138, Sec. 21," RULE 71, Sec. 3, Par. NOTE: Govemors, city mayors, and municipal
(6)): mayors are prohibited from practicing their
d. Cisqualification and complaints for profession or engaging in any occupation
disbarment (RULES OF COURT, RULE because they are required to render full time
139); service as local chief executives (R.A. No. 7610,
e. Administrative complaint against erring Sec. 90). They should therefore devote all their
lawyer or govemment official (AGPALO, time and attention to the performance of their
supra at 56); ~ official duties (AGPALO, supra at 52).
f. Ceclaratory relief (Id.);'and
g. Criminal complaint for gstafa against a 7. Official and employees of the Office of the
person who falsely represented himself to Solicitor General (RULES OF COURT, RULE
be an attorney to the damage of a party Tas, Sec. 35);
(REVISED PENAL CODE, Art. 315).
2. Persons who are not lawyers: (ICE)
LEGAL ETHICS
8. _ Government Broseculors (People v. Villanueva. local government unit of which he I5 an

G.R. No L-19450, May 27, 1965); official; and
9 Eresident, Vice-President, members of the d. Use Eroperty and personnel or the
Cabinet, their deputies and assistants (CONST. government except when the Sanggunlan
Ait. VII, Sec. 13); and member concemed is defending the interegj
10 Civil service officers or employees whose duties of the government (R.A. No. 7160, Sec. 90)
require them to devote their entire time at the
disposal of the govemment (Catu v. Rellosa, NOTE: No total or partial proscription to practice
A.C. No. 5738. February 19. 2008). their profession or engage in any 0<3¢UDation is made
on the Punong Barangay and the members of the
PUBLIC OFFICIALS WHO ARE NOT Sangguniang Barangay: Expressio unlus es;
exclusio alterius. Since they are excluded from any
ABSOLUTELY PROHIBITED IN THE prohibition, the presumption is that they are allowed
PRACTICE OF LAW: (SMRC) to practice their profession. However, they should
1. §enators and Members of the House of procure prior permission or authorization from the
Representatives (CONST., Art. VI, Sec. 14) head of their Department (the Secretary of Interior
a. They are prohibited from appearing as and Local Government) as required by the Civil
counsel before any courts of justice, Service Regulations (Catu v. Rellosa, A.C. No,
electoral tribunals, or quasi-judicial and 5738, February 19, 2008).
administrative bodies. The- _w0rd
“appearance” includes not only arguing a 3. Retired Justice or Judge
case before any such body but also filing a As a condition of the pension provided under
pleading on behalf of a client (Ramos v. R.A. 910, no retiring justice or judge of a court
Marialac, G.R. No. L-2610. June 16, 1951). of record or any city or municipality judge during
b. They cannot allow their names to appear in the time that he is receiving said pension shall
such pleading by itself or as part of a firm appear as counsel before any court in:
name under the signature of another a. Any civil case wherein the govemment or
qualified lawyer because the signature of an any subdivision or instrumentality thereof is
agent amounts to a signing of a non- the adverse party;
qualilied senator or congressman, the office b. Any criminal case wherein an officer or an
of an attorney being originally of agency. employee of the government is accused of
and because he will, by such act, be an offense committed in relation to his office;
appearing in court or quasi-judicial or or
administrative body in violation of the c. Collect any fees for his appearance in any
constitutional restriction. ‘He cannot do administrative proceedings to maintain an
indirectly what the Constitution prohibits interest adverse to the govemment,
directly" (In Re: David, A.M. No. 98. June provincial or municipal, or to any of its legally
13, 1953). constituted officers (R.A. No. 910, Sec. 1, as
amended by R.A. No. 9946).
NOTE: This prohibition pertains specifically to
appearance as counsel for or in representation 4. Civil Service Officers or Employees Not
of another. Thus, a Senator or Member of the Required to Devote Entire Time at the
House of Representatives may appear for Disposal of the Government
himself or herself (Pangilinan v. Cayetano, G.R. They need to secure a written permit from the
Nos. 238875 8. 239483 (Notice), August 7, head of the department concemed. However,
2018). officials who by express mandate of the law are
prohibited from practicing law, may not, even
2. Members of the Sanggunlan - Sanggunlan with the consent of the department head,
members may practice their profession as a» engage in the practice of law (Zeta v. Malinao,
lawyer provided that they shall n_ot: (C'AP) A.M. No. P-220, December 20, 1978).
a. Appear as counsel before any court in any
Civil case wherein a local government unit
NOTE: But if such official is authorized by the
or any office, agency, or instrumentality of department head, he may, in an isolated case.
the govemment is the adverse party; represent a relative or a close family friend
b. Appear as counsel in any Criminal case
wherein an officer or employee of the (Noriega v. Sison, A.M. N0. 2266, October 27.
national or local govemment is accused of 1983).
an offense committed in relation to his office; it is incumbent upon public official to secure the
c. Collect any Fee for their appearance in
Administrative proceedings involving the proper authority from the department head not
1"
t1. .'.i. 'f.l:5?..,. ii’52§u Center
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).-
NOTE: An applicant who has passed the required

examination or has been othenivise found to be
Any official or other person appointed or d6SIQnated entitled to admission to the bar, shall take and
in accordance with law to appear for the Government subscribe before the Supreme Court the
of the Philippines or any of its officials shall have all corresponding oath of office (RULES OF COURT,
the rights of a duly authorized member of the bar to Rule 138, Sec. 17). The oath is thus a prerequisite
appear in any case in which the govemment has an to the admission to the practice of law, while the
interest, direct or indirect (RULES OF COURT. RU/6 signing in the Roll is the last act that finally signifies
138, Sec. 33). membership in the bar, giving the applicant the right
to call himself "attorney" (In Re: Petition to take the
Lawyefs Oath, B.M. N0.'1209, July 1, 2003).
LEGAL ETHICS
Not to Encourage either the commencement or

‘ ance of an action or proceeding, or
the continu
DUTIES AND delay any man's cause, for any corrupt motive
or interest: _ _
RESPONSIBILITIES OF A Never to _e1
R 'ect , for any consideration
. persona|
LAWYER to himself, the cause of the defenseless or
oppressed; and _
To Defend a person accused of crime. by all fair
an d_ honorable means. 'e9a"d|e5$ °f his
FOUR-FOLD DUTIES OF A LAWYER: personal opinion as to the guilt of the accused,
‘ts to
(SLCC) ' to present every defense that the law perrni ,
the end that no person may be depnved of life or
1. Duties to §ociety _ liberty, without due process of law (RULES OF
- to u P hold the Constitution, obey the laws of COURT, Rule 138, Sec. 20).
the land and promote respect for the law_andI
legal processes (Code of Professiona
Responsibility, Chapter 1) [hereinafter CPR];
2., Duties to the Legal Profession (Bar)

THE coma OF
- to uphold the dignity, and integrity of the
legal profession (CPR, Chapter 2);
PROFESSIONAL
RESPONSIBILITY (CPR)
3. Duties to the Qourts *
- to be candid with and promote respect for
the courts and judicial officers. and assist the
courts in rendering speedy and efficierit justice HISTORY
(CPR, Chapter 3); and - Adoption by the Philippine Bar
Association (PBA) of Canons 1 to 32 of
4. Duties to the _C_lient 1917 Canons of Professional Ethics of the
- to observe candor, faimess and loyalty to l American Bar Association (ABA)
the client; hold the client's money and property
L in trust; serve the client with competence and 1946 Adoption by PBA of Canons 33 to 47
diligence; and, to presen/e the confidence of the
client (CPR, Chapter 4).
Drafting by the Integrated Bar of the
DUTIES OF A LAWYER: (ARCECA Not-ERD) 1979 Philippines of a proposed Code of
1. Tomaintain Allegiance to the Republic of the - Professional Responsibility
Philippines and to support the Constitution and
obey the laws of the Philippines; e IBP adopted a proposed Code of
1980
2. To observe and maintain the Respect due to the Professional Responsibility.
courts of justice and judicial officers;
3. To Qounsel or maintain such actions or J$1,e . of the Code of Professional
proceedings only as appear to him to be just, Promulgation
and such defenses only as he believes to be Responsibility by the Supreme Court
1988
honestly debatable under the law;
4. To Employ, for the purpose of maintaining the
causes confided to him, such means only as are OUTLINE OF THE CODE OF
consistent with truth and honor, and never seek PROFESSIONAL RESPONSIBILITY
to mislead the judge or any judicial officer by an (CPR)
artifice or false statement of fact or law;
5. To maintain inviolate the Qonfidence, and at CHAPTER I: The Lawyer and Society
everyperil to himself, to preserve the secrets of
his client, and to accept no compensation in Duty to Uphold the Constitution and the Law
connection with his client's business except from Duty to be an Efficient Lawyer
him or with his knowledge and approval; Duty of Honest and Dignified Pronouncement of
6. To Abstain from all offensive personality and to Legal Service
advance no fact prejudicial to the honor and Duty to Support the Improvement of the Legal
reputation of a party or witness, unless required System
by the justice of the cause with which he is Duty to Keep Abreast of Legal Developments
charged;
$.'.fi’§.:lEi.,Y. .,l.\.!. '-T.>. . .,. supposed to be a model in the community In so fat
NOTE: The Canons Apply to Lawyers in as respect for the law ls concemed (Lee v.
Government Service Tambago, A.C. No. 5281, February 12, 2009)-
CHAPTER ll: The Lawyer and the Legal
Profession The primary duty of lawyers is not to their clients but
to the administration of justice. Zeal and persistence
v Duty to Uphold the Integrity and Dignity of the in advancing a client's cause must always be within
Legal Profession the bounds of the law (La Jimenez and Vizconde v.
- Duty of Professional Courtesy Verano, Jr., A. C. No. 8108, July 15, 2014).
~ Duty Not to Engage in Unauthorized Practice of
Law RULE 1.01 - A lawyer shall not engage in
unlawful, dishonest, immoral, or deceitful
CHAPTER lll: The Lawyer and the Courts conduct
o Duty of Candor, Faimess and Good Faith to the The duty of a lawyer to uphold the Constitution, obey
Court the laws of the land, and promote respect for law and
o Duty of Respect to Courts legal processes demands that he or she shall "not
o Duty to Assist in the Speedy and Efficient engage in unlawful, dishonest, immoral or deceitful
Administration of Justice conduct (Manalang v. Buendia, A.C. No. 12079,
0 Duty to Shun from impropriety that Tends to November 10, 2020).
Influence or Gives Appearance of influencing
Courts The "conduct" under the Rule does not pertain solely
to a lawyer's performance of professional duties. It
CHAPTER IV: The Lawyer and the Client has long been settled that a lawyer may be
disciplined for misconduct committed either in his or
o Duty to Render Legal Service to the Needy her professional or private capacity. The test is
o Duty of Candor, Faimess, and Loyalty to the whether a lawyer's conduct manifests his or her
Client . wanting in moral character, honesty, probity, and
o Duty of Fiduciary in Handling Client's Moneys good demeanor, or unworthiness to continue as an
and Properties officer of the court (Buenaventura v. Gille, A.C. No.
o Duty of Fidelity to the Cause of the Client 7446, December 9, 2020).
o Duty to Serve with Competence and Due
Diligence A. Unlawful Conduct
o Duty to Serve Only Within the Bounds of Law - Unlawful Conduct refers to the
0 Duty to Charge Only Fair and Reasonable Fees transgression of any provision of law, which
o Duty to Preserve the Client's Confidence and need not be a penal law. The presence of evil
Secrets A intent on the part of the lawyer is not essential in
. Duty to Withdraw Services Only for Good Cause order to bring his act or omission within the
and Upon Notice terms of this Rule (Re: Report on the Financial
Audit Conducted on the Books of Accounts of
Atty. Raquel Kho, A.M. No. P-06-2177, April 19,
2007).
CHAPTER I: B. Dishonest Conduct
THE LAWYERAND SOCIETY - Dishonesty is defined as disposition to lie,
cheat, deceive, or defraud; untrustworthiness:
lack of integrity; lack of honesty, probity or
integrity in principle; lack of faimess and
straightforwardness; disposition to defraud,
CANON 1: A LAWYER SHALL UPHOLD deceive, or betray (Office of the Court
THE CONSTITUTION, OBEY THE LAWS Administrator v. Silongan, A.M. No. P-13-3137,
OF THE LAND, AND PROMOTE August 23, 2016).
RESPECT FOR LAW AND LEGAL
PROCESSES." C. Immoral Conduct 1
While the duty to uphold the Constitution and obey - Immoral conduct has been defined as that
the law is an obligation imposed on every citizen, a conduct which is so willful, flagrant, -or
lawyer assumes responsibilities well beyond the shameless as to show indifference to the opinion
basic requirements of good citizenship. As a servant of good and respectable members of the
of the law, a lawyer should make himself an example community (Dantes v. Dantes, A.M. No. 6846,
for others to emulate. Being a lawyer, he is September 22, 2004). It involves moral turpitude
LEGAL ETHICS
(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
A lawyer may no‘ be

disciplined for failure to pay a loan. The society in general (Soriano v. Dizon, A.C. No. 6792,
Supreme January 25, 2006).
_ _ _ _ Court does j not take original
' '
junsdiction of complaints for collection of debts
The creditor's course of action is cjvjj mi It implies something immoral in itself, regardless of
administrative in nature and pro e er ' the fact that it is punishable by law or not. It must not
f
be3bl8lf‘i9d from regular courts (gpbhsiiizgg merely be male prohiblta, but the act itself must be
v. lcon, A.M. Nos. MTJ-93-806 8. MTJ-93-863 inherently immoral. The doing of the act itself, and
July 13, 1995). The proper remedy is the filing oi not its prohibition by statute fixes the moral turpitude.
an action for collection of a sum of money in Moral turpitude does not, however, include such acts
regular courts (Toledo v. Abalos, A.C. No. 5141, as are not of themselves immoral but whose illegality
September 29, 1999). lies in the fact of their being positively prohibited
(Zan' v. Flores, A.M. N0. (2170-MC) P-1356,
EXCEPTlON: Deliberate failure to pay just debts November 21, 1979). _ n
and the issuance of worthless checks (Lao
* v.
Medel, A.C._No. 5916, July 1, 2003). Such Moral turpitude is not involved in every criminal act
deliberate failure to pay just debts constitute and is not shown by every known and intentional '
- gross misconduct. Having incurred just debts, a violation of statute, but whether any particular
lawyer has the moral duty and legal conviction involves moral turpitude may be a
responsibility to settle them when they become question of fact and frequently depends on all the
due. He should comply with his just contractual surrounding circumstances. it follows therefore, that
obligations, act fairly, and adhere to high ethical moral turpitude is somewhat a vague and indefinite
standards to preserve the court's integrity since term, the meaning of which must be left to the
he is an employee thereof (Cham v. Paita-Moya, process of judicial inclusion or exclusion as the
A.C. No. 7494, June 27, 2008). cases are reached (IRRI v. NLRC, G.R. No. 97239,
May 12, 1993).
NOTE: Just debts include unpaid rentals, electric ln order to hold the lawyer amenable to disbarment
bills, claims adjudicated by a court of law, and claims by reason of his or her having committed a crime
the existence and justness of which are admitted by involving moral turpitude, it is not enough to show
the debtor (Cham v. Paita-Moya, A.C. No. 7494, that there is a pending case involving moral turpitude
June 27, 2008). against him‘or her, because Section 27 of Rule 138
expressly requires that he or she must have been
Effect of Plenary Pardon found by final judgment guilty of the crime involving
Plenary pardon does not itself warrant moral turpitude (lnteradent Zahntechnik, Phil., Inc. v.
reinstatement. Evidence of refomiation must first be Francisco-Simbillo, A.C. No. 9464 (Resolution),
present (Macarrubo v. Macanubo, A.C. No. 6148, August 24, 2016).
January 22, 2013).
Examples of Crimes Involving Moral Turpitude:
Plagiarism _ _ '- 1. Abduction with consent .
The rule disallowing the filing of actions to annul the . Bigamy .
decisions promulgated by judges or expose them_ to . Concubinage
charges of plagiarism for honest work done applies . Smuggling
also to lawyers. It is not dishonest for judges and . Rape
practitioners alike to lift passages from precedents . Bribery (direct, attempted).
and writings. at times omitting. Wilh°Ul ma|'°'°“5 . Profiteering
intent, attributions to the onginators, beca-use of the .
(DNO'>U‘lJ>LD|\7 Robbery
need to be precise and correct in resolving cases. 9. Murder
Judges should not be exposed I0 ¢ll<'=_"995 °{ 10. Frustrated homicide
plagiarism in what they wnte so long as they do not 11. Estafa
depart, as officers of the court. _fr0m,ll1e 09199?“/9 ° 12. Theft
assisting the Court in the administration of jU$lIC6'(/I7 13. Illicit sexual relations with a fellow worker
the Matter of the Charges of Pla9'8"$'"g 939- ‘I-;7a;Us' 14. Adultery
Associate Justice Manano C. Del Castillo, A. .' 0. 15. Violation of B.P. Big. 22
1o-7-17-sc (Resolution). February 8- 2°11)- 16. intriguing against honor
17. Violation of the Anti-Fencing Law
Moral Turpitude_ _ j _ 18. Violation of the Dangerous Drugs Act
It has been defined as everything which is done 19. Perjury
contrary to justice, m0d6$W- °' 9°99 '"°'a!s' a" ad 20. Forgery
of baseness, vileness or depravity in the private and 21. Arson
social duties which a man owes his fellowmen, or to 22. Evasion of income tax
r
LEGAL ETHICS
23. Barratry _ misrepresentation, artifice or device that is used

24. Blackmail upon another who is ignorant of the true facts, to
25. Duelling the prejudice and damage of the p8I1Y Imposed
26. Embezzlement upon. in order to be deceitful, the person must
27. Extortion either have knowledge of the falsity or acted in
28. Libel reckless and conscious ignorance thereof,
29. Making fraudulent proof of loss on insurance especially if the parties are not on equal temts,
contract and was done with the intent that the aggrieved
30. Mutilation of public records party act thereon, and the latter indeed acted in
31. Fabrication of evidence reliance of the false statement or deed in the
32. Offenses against pension laws manner contemplated to his injury (Manalang v.
33. Perjury Buendia, A.C. No. 12079 (Resolution),
34. Seduction under the promise of marriage November 10, 2020).
35. Falsification of public document '
36. Malversation (Office of the Court Administrator Examples of Dishonest and Deceitful Conduct:
v. Ruiz, A.M. No. RTJ-13-2361, February 2. 1 Falsification of grades in the Bar examinations
2016). (In re: Del Rosario, 52 Phil. 399-401, [December
7, 1928);
Whatever the phrase “involving moral turpitude" may 2. Maneuvering reconveyance of property in the
mean in peripheral cases, the decided cases'make name of the lawyer instead of the client in a case
it plain that crimes in which fraud was an ingredient involving sale with pacto de retro (Imbuido v.
have always been regarded as involving moral Mangonon, A.C. No. 200, March 31, 1962);
turpitude. Fraud is the touchstone by which these 3. Giving false statements under oath in an
cases should be judged (Concurring Opinion of J. information sheet submitted in connection with a
Brion in Teves v. COMELEC, G.R. No. 180363, April lawyer's application for the position of Chief of
28, 2009). . ' Police-(Calo, Jr. v. Degamo, A.C. No. 516, June
27, 1967);
Examples of Crimes which Do NOT Involve Moral 4. Delayed failure to account money collected for
Turpitude the client (Llcuanan v. Melo, A.C. No. 2361
1. The crime of illegal possession of firearm or (Resolution), February 9, 1989);
ammunition does not involve moral turpitude for 5. Stealing evidence attached to the court records
under our laws, what is punishable is the (Femandez v. Grecla, A.M. No. 3694, June 17,
possession of a firearm or ammunition-without a 1993);
license or authority (Zari v. Flores, A.M. No. 6. Misappropriating _a client's fund (Espiritu v. Ulep, _
(2170-MC) P-1356, November 21, 1979). A.C. No. 5808 (Resolution), May 4, 2005); and
7. Concealing his non-compliance with MCLE with
2. Conviction for Illegal Recruitment the use of the fictitious compliance number in his
The Court noted that the respondent was a mere pleadings (Guslilo v. De La Cruz, A.C. No.
volunteer employee of the recruitment agency. 12318, October 15, 2019).
receiving no compensation. (CourlAdminisfrator
v. San Andres, A.M. No. P-89-345, May 31, RULE 1.02 - A lawyer shall not counsel or
1991); and abet activities aimed at defiance of the law
or at lessening confidence in the legal
NOTE: it is doubted, however, if such ruling can system.
be made to apply to those knowingly recruiting
applicants into non-existing jobs, duping them to A lawyer's duty is not to his client but to the
pay false fees (FUNA, Legal and Judicial Ethics: administration of justice. To that end, his client's
With Bar Examination Questions (2009), p. 21 success is wholly subordinate. His conduct ought to
[hereinafter FUNA, Legal and Judicial Ethics: and must always be scrupulously observant of the
IA/ith Bar Examination Questions]).). law and ethics. Any means, not honorable, fair and
honest which is resorted to by the lawyer, even in the
3. The act of expressing one's opinion on a public pursuit of his devotion to his client's cause, is
interest issue, even if the statements made condemnable and unethical (Dumlao, Jr. v.
constituted. indirect contempt, is not one
involving moral turpitude (Garcia v. De Vera, Camacho, A.C. No. 10498, September 4, 2018).
A.C. No. 6052, December 11, 2003).
NOTE: A lawyer advances the honor of his
D. Deceitful Conduct i professionand the best interest of his client when he
- Conduct that is "deceitful" means having the renders service or gives advice tending to impress
proclivity for fraudulent and deceptive Upon the client and his undertaking exact
compliance with the strictest principles of moral law
W \ '
MEM»Q~RY AID
$8\Bv¢lL"vvIlv¢OIIovotuw»RocTBuocnranorrscuuor
(CANONS OF PROFESSIONAL ETHICS, Canon “consultancy” position in LWUA (Brion. Jr. v.

32). Brillanfes, Jr., A.C. No. 5305, March 17,_ 2003).
Examples of Activities Aimed at Defiance of Law RULE 1.03 - A lawyer shall not, for any
or Lessening Confidence in the Legal System: corrupt motive or interest, encourage any
1. Engaging in irregularities such as prohibited
campaigning for national position in the suit or proceeding or delay any man's
Integrated Bar of the Philippines in violation of cause.
IBP By-Laws (In re Inquiry into the 1989
Elections of the Integrated Bar of the REASON: To prevent barratry and ambulance
Philippines, B.M. No. 491 (Resolution), October chasing. A lawyer owes to the society and to the
6, 1989); court the duty not to stir up litigation (PINEDA, supra
2. Repeatedly disobeying orders of the Securities at 64).
and Exchange Commission hearing panel to
appear in the hearing and repeatedly failing to Barratry
substantiate his excuse for failing to appear The offense of frequently exciting and stirring up
constitute blatant disrespect for legal orders and quarrels and suits, either at law or otherwise. it is a
processes (Batac, Jr. v. Cruz Jr., A.C. No. 5809, lawyer's act of fomenting suits among jndividuals
' February 23, 2004); and offering his legal services to one of them
3. Advising his clients to execute another Deed of (ALBANO, supra at 89). The person who engages in
Absolute Sale antedated to 1979 to evade the bagrgtry is called a barretor or barrator (FUNA, supra
payment of capital gains tax (Chua v. Mesina, at .
A.C. No. 4904, August 12, 2004);
4. Appearing as a private counsel for a Ambulance Chasing
govemment-owned and controlled corporation The solicitation of almost any kind of legal business
(GOCC) despite the prohibition under by an attorney, personally or through an agent; in
Memorandum Circular No. 9, which barred order to gain employment (Palencia v Linsangari,
GOCCs from hiring private lawyers or law firms, A.C. No. 10557, July 10, 2018).
except in exceptional circumstances with the
written conformity of the Solicitor General or An ambulance chaser is a lawyer who haunts
Govemment Corporate Counsel (Santayana v. hospitals and visits the homes of the afflicted,
Alampay, A.C. No. 5878, March 21, 2005); officiously intruding their presence and persistently
5. Preparing and notarizing an Occupancy offering his services on the basis of a contingent fee
Agreement to evade the _law against foreign (Linsangan v. Tolentino, A.C. No. 6672, September
4, 2009). i
ownership of lands (Donton v. Tansingco, A.C.
No. 6057, June 27, 2006);
Maintenance of Suit
6. Failure to comply with the Court's directive to file
it‘is the wanton and inofficious intermeddling in the
Rejoinder and to file a Comment (Sebastian v. disputes of others in which the intermeddler has no
Bajar, A. C. No. 3731, September 7, 2007); interest whatever, and where the assistance
7. Preparing a document authorizing a married rendered is without justification or excuse (The
couple who had been separated for nine.years Conjugal Partnership of Sps. Cadavedo v. Lacaya,
to marry again, renouncing the right of action G.R. No. 173188, January 15, 2014).
which each may have against the other
(Espinosa v. Omaha, A.C. No. 9081, October it is also defined as the intermeddling of an
12, 2011); uninterested party to encourage a lawsuit. it is a
8. Asking his client to prepare a substantial amount taking in hand, a bearing up or upholding of quarrels
of money to be given to the NLRC or sides, to the disturbance of the common right
Commissioner handling the appeal to insure a (FUNA, supra at 45).
favorable decision (Chu v. Guico, Jr., A.C. No.
10573, January 13, 2015); ' ILLUSTRATIONS: -
9. Approaching the DOJ Secretary during the 1. Hunting up defects in titles or other causes of
pendency of a case before his office and action and informing thereof in order to be
‘feeding’ a draft order for the release of his employed to bring suit or collect judgment;
clients on official DOJ stationery purportedly to 2. Employing agents or runners for like purposes;
‘expedite the case‘ (La Jimenez v. Verano, Jr.. 3. Paying reward, directly.or indirectly, to those
A. C. Nos. 8108 & 10299 (Notice), November 24, who bring or influence the bringing of such cases
2015); and to his legal office; i
10. A dismissed judge's circumvention of the Court's 4. Remunerating policemen, court or prison
Order disqualifying him from re-appointment to officials, physicians, hospital attaches, or others
any branch of the govemment by accepting a who may succeed, under the guise of giving
LEGAL ETHICS
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).
Evils Sought to be Prevented if a lawyer finds that his client's cause is

Barratry and maintenance of grour}.dless_ suits have defenseless, then it is his bounden duty to advise the
spawned a number of recognized evils such as: latter to acquiesce and submit, rather than traverse
1 Fomenting of litigation with resulting burdens on the incontrovertible (Rollon v.'NaravaI, A.C. No.
the courts and the public; ' 6424, March 4, 2005):
2. Subomation of perjury;
3. Mulcting of innocent persons by judgments. Advantages of Amicable Settlement:
upon manufactured causes of action; and 1. Parties will be excused from the payment of
4. Defrauding of injured persons having proper unnecessary court-related expenses and
uses of action but ignorant of legal rights and appearance fees of lawyers;
court procedures by means of contracts which 2. -in essence, there is no declared winner or loser
retain exorbitant percentages of recovery and in settlement, henceforth, the relationship
' illegal charges for court costs and expenses and between the parties is not strained;
by settlement made for quick returns of fees and 3. It helps the courtin the unclogging of cases in
against the just rights of the injured persons (Id. particular and in the administration of justice in
at 73). _ general; and
4. By helping their clients avail of early settlement,
instances of Condemnable Delay: lawyers can collect their attorney's fees since
1. Besorting to technicalities to frustrate justice the case is considered terminated
(Economic Insurance Co., Inc. v. Uy Realty Co., (ANTIQUIERA, supra at 20-21).
G.R. No. L-28056, August 31, 1970);
2. Filing of several actions covering the same GENERAL RULE: Attomeys have authority to bind
subject matter or seeking substantially identical their clients in any case by any agreement in relation
relief (Macias v. Uy Kim, G.R. No. L-31174, May thereto made in writing, in taking appeals, and in all
30, 1972) or what is otherwise known as forum matters of ordinary judicial procedure (RULES OF
shopping; COURT. RULE 138, Sec. 23).
3. Filing of multiple or repetitious petitions which
obviously delay the execution of a final and EXCEPTION: A lawyer cannot, without special
execiitory judgment (Gabriel v. CA, G.R. Nos. L- authority, compromise his client's litigation or
43757-58 (Resolution), July 30, 1976); receive anything in discharge of the client's claim but
4. Filing of frivolous appeals for purposes of delay; the full amount in cash (RULES OF COURT, RULE
5. Filing of motions for postponements and other 138, Sec. 23).
kinds of motion for dilatory purposes; and
. indiscriminate filing of suits against a party Special powers of attomey are necessary i0
clearly intended for harassment (Dimagiba v. authorize a lawyer to compromise, to submit
Montalvo, Jr., A.C. No. 1424, Ocfober15, 1991). questions to-arbitration, to renounce the right t0
appeal from a judgment, to waive objections to the
venue of an action or to abandon a prescription
—|I"
MEM/QRY AID
Sm 5.4, Limnmty Cologe oi Llw - RGCT Bu Oporlllfinl Cartier
already acquired (CIVIL CODE, Art. 1878). A Oppressed t. n

Compromise entered _into_ without authority is The victims of cruelty. Unlawfl-_'| eXac'° '
unenforceable. lf the client IS not agreeable to the domination, or excessive use of authority (ld.).
compromise, he must immediately repudiate the
same, otherwise he cannot be heard to complain NOTE: The lawyer is mandated to serve the
later (Melendrez v. Decena, A.M. No. 2104, August
24, 1989). marginalized (FUNA, supra at 51).
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
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 \ /
L‘l. .|.5. l.1'Q.:Ift.,Y. .»2~.'. .'?. .

CANQN 3= A LAWYER IN MAKING Instances of Prohibited Advertisement and
KNOWN HIS LEGAL SERVICES SHALL Solicitation:
"$5 °“'-Y TRUE. HONEST FAIR 1. The use of a card containing the following: “As a
DIGNIFIED. AND OBJECTIVE notary public, he can execute for you a deed of
sale, can renew lost documents of young
INFQRMATIQN OR STATEMENT or animals, can make your application and final O
FACTS. u.|
requisites for your homestead, and execute any ..i
REASON? The Standards of the legal profession kind of affidavit. As a lawyer, he can help you
Cdhdemh the lawyer's advertisement of his talents. collect your loans although long overdue, as well
A lawyer cannot, without violating the ethics of his as any complaint for or against you. Come or
profession, advertise his talents or skills as in a write to him in his town, Echague, lsabela. He
manner similar to a merchant advertising his goods. offers free consultation and is willing to help and
The proscription against advertising of legal senrices serve the poof’ (In Re: Tagorda, G.R. No.
or solicitation of legal business rests on the 32329, March 23, 1929);
fundamental postulate that the practice of law is a 2. Causing to be published in a newspaper the
profession (Ulep v. Legal Clinic, lnc., B.M. No. 553 following advertisement: “Marriage License
(Resolution), June 17, 1993). promptly secured through our assistance and
the annoyance of delay or publicity avoided if
To allow a lawyer to advertise his talent or skill is to desired, and marriage arranged to the wishes of
commercialize the practice of law, degrade the the parties. Consultation on the matter free to
profession in the public‘s estimation, and impair its the poor. Everything confidential. Legal
ability to efficiently render that high character of Assistance" (Director of Religious Affairs v.
service to which everyamember of the bar is called Bayot, A.C. No. L-1117, March 20, 1944);
(Linsangan v. Tolentino, A. C. No. 6672 (Resolution), 3. A newspaper ad which reads: “Secret Marriage?
September 4, 2009). P560.00 for a valid marriage. Info on Divorce,
- Absence, Annulment, -VISA, Guam Divorce. Don
RULE 3.01 - A lawyer shall not use or permit Arkinsonjan attorney in Guam is giving free
book's on Guam Divorce through the Legal Aid
the use of any false, fraudulent, misleading, Clinic" (Ulep v. Legal Aid Clinic, lnc., B.M. No. L-
deceptive, undignified, self-laudatory, or 553, June 1'7, 1993): A
unfair statement or claim regarding his 4. Using the office of his wife, who was a judge, as
qualifications or legal services. his address, for service of pleadings had no
i purpose other than to try to impress either the
Any false pretense by a lawyer intended to defraud, ' court in which his cases are lodged, or his client,
mislead, deceive, or to tout on his qualifications or. that he has close ties to a member of the
quality of his legal services is unethical, whether judiciary (Paas v. Almavez, A.M. No. P-03-1690,
done by him personally or through another with his April 4, 2003);
permission (PINEDA, supra at 86). 5. A paid advertisement in a newspaper, which
reads: ‘Annulment of Marriage Specialist 532-
Certain self-laudatory information may be 4333/521-2667" (Khan, Jr. v. Simbillo, A.C. No.
disseminated, such as the election to a public office, 5299 & 157053 (Resolution), August 19, 2003);
scholastic honors and achievements, and legal and
authorships. It is prohibited when it creates an 6. An agreement between a lawyer and a
unjustified expectation such as when it announces layperson to share the_ fees collected from
the successful results it had obtained in one case clients secured by the latter is null and void; the
which might be deceptive and misleading because same constitutes unlawful solicitation of cases
past performance is not _an indication of future (Villatuya v. Tabalingcos, A.C. No. 6622, July
perfonnance (FUNA, supra at 64). 12, 2012).
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
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
Use of a Foreign Law Firm Name Instances of Prohibited Publicity:

Filipino lawyers cannot practice law under the name 1. Furnishing orinspiring newspaper comments;
of a foreign law fimw, as the latter cannot practice law 2. Procuring his photograph to be published in
in the Philippines and the use of the foreign law firm connection with cases which he is handling;
in the country is unethical (Dacanay v. Baker & 3. Making a courtroom scene to attract the
McKenzie, A.C. No. 2131, May 10, 1985). attention of newspapermen; or
4. Arranging an interview with him by media people
RULE 3.03 - Where a partner accepts public -(AGPALO, supra at 127).
office, he shall withdraw from the firm and
his name shall be dropped from the firm CANON 4: A' LAWYER SHALL
name unless the law allows him to practice PARTICIPATE IN THE DEVELOPMENT
law concurrently. OF THE LEGAL SYSTEM BY INITIATING
OR SUPPORTING EFFORTS IN LAW
REASON: To prevent the law firm or partners from
making use of the name of the public official to REFORM AND IN THE IMPROVEMENT
attract business and to avoid suspicion of undue OF THE ADMINISTRATION OF JUSTICE.
influence (AGPALO, supra at 127). - While the lawyer's task in contributing to the
improvement ‘of the legal system is not a matter of
The partner appointed to public office should not strict duty, it is a duty nonetheless which flows from
place himself in a position where his loyalty to the the lawyer's sense of public responsibility (AGPALO,
people may clash with his loyalty to his own interest supra at 77). '
or those of his family or his associates (MENDOZA-
ARCEGA & DECHAVEZ, supra at 153). ILLUSTRATIONS: -
1. Presenting position papers or resolutions for the
NOTE: If a partner of a law fimi had been appointed introduction of pertinent bills in Congress;
as a judge, his name in the firm should be dropped 2. Petitions with the SC for amendment or
beuse he is no longer allowed to practice law. The introduction of the Rules of Court;
public will be misled if his name will be retained 3. Writing legal publications or books as an avenue
(PINEDA, supra at 88). of improving the legalsystem (PINEDA, supra at
93); and ' , .
4. Extending membership and financial support (in
RULE 3.04 - A lawyer shall not pay or give reasonable amount) to the Integrated Bar of the
anything of value to representatives of the Philippines (In Re: Integration of the Bar of the
mass media in anticipation of, or in return Philippines, 151 Phil 132, January 9, 1973).
for, publicity to attract legal business.
CANON 5: A LAWYER SHALL KEEP
REASON: To prevent some lawyers from gaining an ABREAST OF LEGAL DEVELOPMENTS,
unfair advantage over others through the use of
gimmickry, press agentry, or other artificial means PARTICIPATE IN CONTINUING LEGAL
(AGPALO, supra at 127). EDUCATION PROGRAMS, SUPPORT
EFFORTS TO ACHIEVE HIGH
A lawyer who seeks publicity to attract legal STANDARDS IN LAW SCHOOLS AS
business is debasing the legal profession, especially WELL AS IN THE PRACTICAL TRAINING
so, if he pays something of value for it
(PINEDA, supra at 92). - OF LAW STUDENTS AND ASSIST IN
DISSEMINATING INFORMATION
NOTE: Media publicity, as a normal by-product of REGARDING THE LAW ' AND
efficient legal service, is not improper. What is JURISPRUDENCE.
improper is for a lawyer to resort to adroit REASON: Legal education should be a continuing
propaganda to secure media publicity for the concem. After admission to practice, a lawyer incurs
purpose of attracting legal business (ld.) a three-fold obligation. First, he owes it to himself to
continue improving his knowledge of the law;
Thelawyer is not required to decline genuine media second, he owes it to his profession to take an active
attention to advocacies which have generated public interest in the maintenance of high standards of legal
interest. in some instances, his adyocacy needs the obligation; and third, he owes it to the public to make
indispensable participation of media» such as the the law a part of its social consciousness (AGPALO,
advocacy to expose government corniption (FUNA, supra at 78). A
supra at 75). ‘ -
‘\
\
LEGAL Err-tics
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
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
NOTE: The nature of whatever cases are pending

against the applicant would aid the Court in RULE 7.03 - A lawyer shall not engage in
determining whether he is endowed with the moral conduct that adversely reflects on his
fitness demanded of a lawyer. By concealing the fitness to practice law, nor shall he, whether
existence of such cases, the applicant then flunk in public or private life, behave in a <
the test of fitness even if the cases are ultimatelys scandalous manner to the discreditof the L’!
p rov en to be unwarranted or insufficient to impugn legal profession. l.l.l
or affect the good moral character of the applicant _i
(In the Matter of the Disqualification of the Bar When the Code or the Rules speaks of "conduct" or
Examinee Haron S. Meling in the 2002 Bar “misconduct”, the reference is not confined to one's
Examinations, B. M. No. 1154, June 8, 2004). behavior exhibited in connection with the
performance of the lawyer's professional duties, but
By asking admission to the practice of law, an also covers any misconduct which, albeit unrelated
applicant puts in issue all his qualifications and to the actual practice of his profession, would show
assumes the burden of proof to establish all those him to be unfit for the office and unworthy of the
qualifications to the satisfaction of the court privileges which his license and the law invest him
(AGPALO, supra at 64). with (Gacias v. Bulauitan, A.C. No. 7280, November
16, 2006).
The false assumption of another_person's name,
identity, and school records to obtain a law degree REASON: There is no distinction as to whether the
and take the Bar examinations exhibits dishonesty transgression is committed in the lawyer's
and utter lack of moral fitness to be a member of the professional capacity or in his private life or in his
Bar (Caronan v. Caronan, A.C. No. 11316, July 12, private transaction because a lawyer may not divide
2016). ' his personality so as to be an attomey at one time
and a mere citizen at another (FUNA, supra at 29).
A married lawyer's declaration in his application for Moreover, any gross misconduct committed by a
Admission to the Bar Examinations that he lawyer whether in his professional or in his private
was "single" was a gross misrepresentation of a capacity is a ground for the imposition of the penalty
material fact made in utter bad faith, for which he of suspension or disbarment since a goodcharacter
should be made answerable (Leda v. Tabang, A.C. is an essential qualification for the admission to and
No. 2505. February 21, 1992). continued practice of law (Sosa v. Mendoza, A.C.
No. 8776,_"March 23, 2015).
RULE 7.02 - A lawyer shall not support the
application for admission to the-bar of any As officers of;t_he court, lawyers must intact and in,
person known by him to be unqualified in tnith be of good moral character. They must be seen
or appear to be of good moral character. Members
respect to character, education, or other of the bar cannot exhibit any conduct which tends to
relevant attribute. _ lessen in any degree the confidence of the public in
the fidelity, honesty, and the integrity of the legal
A lawyer should aid in guarding the Bar against profession (Fabugais v. Atty. Faundo Jr., A.C. No.
admission to the profession of candidates unfit or 10145, June 11, 2018).
unqualified for being deficient in either moral
character or education (CANONS OF
PROFESSIONAL ETHICS, Canon 29). NOTE: in the case of Cristobal v. Cristobal, the
Court was asked to determine whether domestic
Public policy requires that the practice of law be squabbles involving a lawyer and his/her spouse are
limited to those individuals found duly qualified in proper subjects of a disbarment proceeding. The
education and character (AGPALO, supra at 113). Court ruled, pro hac vice,,in the affirmative (A.C. No.
A lawyer's support to an applicant must be solely 12702, November 10, 2020).
based on fitness, both intellectual and moral
(PINEDA, supra at 36). CANON 8: A LAWYER SHALL CONDUCT
HIMSELF WITH COURTESY, FAIRNESS,
NOTE: As the public is vitally interested in the AND CANDOR TOWARDS - -HIS
rectitude of attorneys, any person is permitted to PROFESSIONAL COLLEAGUES, AND
oppose an application for admission by urging the
SHALL AVOID HARASSING TACTICS
moral disqualification of the application (MENDOZA-
ARCEGA & DECHA VEZ, supra at 197). AGAINST OPPOSING COUNSEL.
Lawyers must participate in the battle for justice with
the armors of courtesy‘ and fairness. They should
avoid doing those very things, which they would not
\
LEGAL 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
NOTE: While a lawyer may accept employment from

by, any agency, personal or corporate. And the law any organization to render legal sen/ices in any
makes it a misbehavior on their part, subject to matter in which the organization as an entity is
disciplinary action, to aid a layman in the interested, that employment should not include the
unauthorized practice of law (Tapay v. Bancolo, A. C. rendering of legal services to members of such
No. 9604, March 20, 2013). - organization in respect to their individual Caffairs
PURPOSE: To protect the public, the court, the
(CANONS OF PROFESSIONAL ETHICS, anon
client, and the bar from the possible incompetence
35). _
or dishonesty of those unlicensed to practice law and Instances of Violations of this Canon:
not subject to the disciplinary control of the court 1 Respondent admitted that the letterhead of the
(Philippine Association of Free Labor Union law office listed two persons as senior partners
(PAFLU) v. Binalbagan Isabela Sugar Co., G.R. No. w hen they were in fact paralegals and not
L-23959, November 29, 1971). . lawyers only because they have investments in
her law office. That is a blatant
The rule is basedon the need of the public for misrepresentation (Cambaliza v. Cnstal-_
integrity and competence of those who undertake to Tenon'o, A.C. No. 6290, July 14, 2004), .
render legal service. Also, the public can be better 2. Respondent, who held himself out as a partner
assured of the requisite responsibility and of a law firm, rendered legal services together
competence if the practice of law is confined to those with persons not licensed to practice law. The
who are subject to the requirements and regulations .fi_rm was actually a cooperative composed of
imposed upon members of the legal profession ‘ non-lawyers (Plus Builders, Inc. v. Revilla, A.C.
(PINEDA, supra at 135). i ‘No’ 7656,. September 13, 2006); and -
' '3. A lawyer who initially operated under an honest
Unauthorized Practice of Law . . mistake of fact that what he had signed at the
it is committed when a person, not “a lawyer, PlC_C entrance before the oath-taking was
pretends to be one and performs acts which are already the Roll of_Attomeys can no longer claim,
exclusive to members of the bar (FUNA, supra at that it wasan honest mistake from the moment
116). - he realizes that what he had signed was merely
an attendance record (In Re: Petition to Sign in
it is the signing of the Roll of Attomeys that finally the Roll of Attomeys Michael A. Medado, B.M.
nakes one a full-fledged lavvyer.'Before such time, No.
. ,
2540,— September 24, 2013). .
one cannot engage in the practice of law (Aguirre v.
Rana, B.M. No. 1036, June ‘I0, 2003). " . NOTE: This duiy likewise applies to law students,
1
and bar candidates. As aspiring members of the Bar,
Shyster . they are bound to comport themselves in
A shyster is an unscrupulous practitioner who accordance with the ethical standards of the legal,
disgraces his profession by doing mean work, and profession (In Re: Petition to Sign in the Roll of
resorts to sharp practice to do it. in legalethics, this Attomeys Michael A. Medado, B.M. No. 2540,
refers to a non-Iavvyer pretending to be a lawyer September 24, 2013).
(FUNA, supra at 120).
RULE 9.01- A lawyer shall not delegate to
Contempt as Penalty for Unauthorized Practice
of Law any unqualified person the perfonnance of
The act of pretending or assuming to be an attorney any task which by law may only be
or an officer of the court and acting as such without performed by a member of the bar in good
authority is punishable with indirect contempt of standing. L
court (RULES OF COURT, RULE 71, Sec. 3, par.
(9))- “Unqualified person” is not limited to non-lawyers but
also include lawyers who are not in good standing
lntervention of Intermediary and who are unfit (FUNA, supra at 123). _$
A lawyer is prohibited from allowing an intermediary
to intervene in the performance of his professional REASON: Because of the fiduciary and persona
obligation. The lawyer's relation to the client is character of the lawyer-client relationship and the
personal and his responsibility is direct to the client. inherently complex nature of our legal system, th
He should avoid all relations which direct the P ubiic can be better assured of the requisil..
perfonnance of his duties by or in theinterest of such responsibility and competence if the practice of law
' ct to the
intermediary (AGPALO, supra at 111-112). is confined to those who are subje -
requirements and regulations imposed; \1P°"
members of the legal profession (PINEDA, supra 8_
135). A
\’
.l.4. . E.i.I:§. :l.‘i. .Y. . A.'. .|3.?. . . . .
which is paid to his estate or heirs (AGPALO. SLIPT9
Lawyers can engage the services of secretaries. at 117). On the other handrthe third excetgtltzg.
investigators, detectives, researchers, as long as the strictly speaking, is not a division of legal fees uh
lawyer's staff are not involved in the practice of law pension representing deferred wages or 8
(FUNA, supra at 124). employees’ past senrices (ld.).
He may also avail himself of the assistance of law N015; Impropriety arises where the effect of the
students in many of the fields of the lawyer's work, arrangement is to make the estate or heir a member
such as an examination of a case law, finding and of the partnership along with the surviving partners.
interviewing witnesses, examining court records, or where the estate or heir is to receive a percentage
l delivering papers, and similar matters (AGPALO, of the fees that may be paid from future business of
I supra at 116). ~ the deceased lavvyer‘s clients (In re: Sycip, G.R. No.
X92-1, July 30, 1979).
The preparation and signing of a pleading however,
constitute legal work involving the practice of law, Where in the agreement the respondent lawyer did
which is reserved exclusively for members of the not only agree to give one-half of his professional
legal profession (Tapay v. Bancolo, A.C. No. 9604. fees to an intermediary or commission agent but he
March 20, 2013). also bound himself not to deal directly with the
clients, the Court held that the said agreement is
it does not follow that the retained lawyer is void because it was tantamount to malpractice which
automatically authorized to make such delegation to is "the practice of soliciting cases at law for the
I
a qualified person (PINEDA, supra at 137). purpose of gain, either personally or through paid
l
agents or brokers‘ (Tan Tek Beng v. David, A.C. No.
Notarization of documents under a notary's notarial 1261, December 29, 1983). .
seal by his office secretary while he was out of the
country clearly constitutes negligence considering
that a notary is responsible for the acts of his
secretary. it must be remembered that a notarial CHAPTER III: THE
commission is a privilege granted only to those who
are qualified or authorized to act as notary public LAWYER AND THE
(Angeles v. Bagay, A.C. No. 8103, December 3,
2014). COURTS
RULE 9.02 - A lawyer shall not divide or
stipulate to divide a fee for legal services CANON 10: A LAWYER OWES CANDOR,
with persons not licensed to practice law,
FAIRNESS AND GOOD FAITH TO THE
except: (PUR)
1. Where there is a Ere-existing agreement with COURT.
a partner or associate that, upon the latter's A lawyer's conduct before the court should be
death, money shall be paid over a reasonable characterized by candor and fairness in the interest
period of time to his estate or to persons of administration of justice (Serana v.
specified in the agreement; or Sandiganbayan, G.R. No. 162059, January 22,
2. Where a lawyer undertakes to complete 2008). He is an officer exercising a privilege, which
Unfinished legal business of a deceased is indispensable in the administration of justice. if he
lawyer; or were to act other than candidly, fairly, and truthfully,
3. Where a lawyer or law finn includes non- the administration of justice will suffer as a result
lawyer employees in a Retirement plan, even thereby (AGPALO, supra at 139).
if the plan is based in whole or in part, on a
profit-sharing agreement. REASON: The burden cast on the judiciary would be
intolerable if it could not take at face value what is
REASON: So that the public will not be confused as asserted by counsel. The time that will have to be
to whom to consult in case of necessity and so that devoted just to the task of verification of allegations
the bar will not be in a chaotic condition because of submitted could easily be imagined (Asa v. Castillo,
the fact that non-lawyers are not amenable to A.C. No. 6501, August 31, 2006).
l disciplinary measures (PAFLU, et al. v. Binalbagan,
I etaI., G.R. No. L-23959, November 29, 1971). Candor requires that a lawyer act with the highest
standards of tmthfulness. fair play. and nobility in the
The first and second exceptions to the rule, strictly conduct of litigation and in his relations with his
speaking, represent compensation for legal sen/ices Client. the opposing party and his counsel. and the
rendered by the deceased lawyer during his lifetime,
I
Leé'aFg:J|:|d€ilz:tl|%ltCS
hics
" court WhlC|'\ '18
eh he P9365 his client's C8059

Pieeniniiaisil“ A-M
knows to °*;':'sZ,§1Bé1z 1990) 0' '""°°“§'2§
(AGPALO. suP'? 3' ""1
No. 1625. 9 '“ uer v. carranla ~
false evident? (Bemwg .
0bligaflg“s:p‘;‘::5d |‘t!?3g:l‘;|dgrid
r. vital facts . No. 716. Ja"“:.” 33} ilggigl-Qua as ‘Pedro D-D
Representing ms _ _ . . D‘ Rams,‘ which
I
Not g ' fth comp
1 bear on the mar" °' “"?',;§L$°'li. MTJ-93- Ramos‘ instead 9‘ D'.r(i)ntl§: Roll of An°meY5
Qr pelitiOft (Santos V‘ ' is name V‘arkpegrégg
8 I
Al . ¢ . No. 1053, September
78' ~°'embir If; lgfifigny developmem °‘ "‘°
2. To volklllmeI’has
O
rel‘ld8t'9d the issue raised mo? 7, 1979)} i355 suits (RQIUYB L
iasewllldl _ - 'n, G.R.No. - Filing false charges o1r3g8rgUx\4:mh 28' 1980):
28131. Februagf un-any décisjgn adverse to his

3. To disclose tfigiopposing counsel is apparently
v. eordui1.A_~C-”°- . d irie notice to file brief
Denying having receive t m card (Ragasajo V.
which is belied by me nil“ ust 31 1987);
l
Posmon 0‘ :1,‘ which court should consider in IAC. G-R N°- I-69129.’ ugiat his’ clients were
'9“‘?"‘.’"‘ 3 (AGPALO, supra at 144); and Alleglng i" one pleadmgroperty involved. and
merely lessees of the P ma‘ me same diems
4. fie??? a qt himself as a lawyer for
0 $91959 - a client.
-
appeal’ in court. and present pleadings in the aueged in a later weeding e roPe'1Y (Chavez
latter's behalf, only to claim later that he was not We me owners of me item] 1% 1991)‘
authorized to do so (ld. at 144-145). V" Vida‘ A'C' N-0' 2152' pn mber of another
using i" P'°ad'“9$ me IBP?“ can No_176
lawyer (B0;iggg;ta v. Castilo, - -
RULE 10.01 - A lawyer shall not do any
falsehood, nor consent to the doing of afllf
in court; nor shall he mislead, or allow the
court to be misled by any artifice-
January 1.
puma
Mani, (Roms
tesidee *~“:'z“i: ";;22
1 .
v' Aponadera vfl.‘av ntin

3, 1995);ManufacturIfl9- and
mg RTC
using a s‘purious CA resolution be ore 20
As an officer of the court. his high v0CatI0fl I5 1° (Flondo v. Florido. A. C. No. 5624. Januafy .
correctly inform the court upon the law and the facts
of the case and to aid it in doing justice and arriving égggflmpoeing '0' on ‘4' to mislead client that
at correct conclusion. The courts. on the Other halid- he filed the complaint on June 10 when it was
are entitled to expect only complete l\0rl65tY "Q!" actually June 14 (Samonte v. Abellana. A.C. N0.
lawyers appearing and pleading before them. lNhile
a lawyer has the solemn duty to defend his clients 3452. June 23, 2014): and _ ,
cause, his conduct must never be at the expense of indicating that a lawyer was MCLE-exempt in
truth (Young v. Batuegas. AC. No. 5379. May 9. the pleadings and motions he filed although in
2003). fact, he was not. (Turla v. Canngal, A.C. No,-
11641, March 12, 2019) or using a false MC g
Any person who shall knowingly offer in evidence a compliance number in his pleadings (Mapalad _
false witness or testimony in any judicial or official Echanez, A.C. No. 10911, June 6, 2017). '
proceeding, shall be punished as guilty of false
testimony and shall suffer the respective penalties RULE 10.02 - A lawyer shall not knowing '
provided in said section (REVISED PENAL CODE, misquote or misrepresent the contents of 0
Art. 184). paper, the language or the argument --I
opposing counsel, or the text of a decisi
Instances of Falsehood by Lawyers: or authority
1. Making it appear that a person, long dead, __ . or knowin gy
I cite as lawa
executed a deed of sale in his favor (Monterey provision already rendered inoperative by
v. Arayata. Per. Rec. Nos. 3527, 3408._August repeal or amendment, or assert as a fact that
23. 1935); which has not been proved.
2. Emashlng 8 Check payable to a decea d
se
cousin by signing the latter's name on the check REASO N: If not faithfully and exactly q uoted =1
(ln Re: Sam aniego,
‘ A.C. No. 74, November 20. decisions and rulings of the court
1951); may lose thei
proper and correct mean‘lng, to the detriment
3. Falsely stating in a deed of sale that propeny is of o -
courts. lawyers 3 n dsupralgti
misled (AGPALO. the bl‘ 153301 h o may thereby
gee;from all liens and encumbrances (sevi/la v_
0 ta, A.C. No. 31, March 28, 1955);Falsifying
a power of attomey to use in collecting the
money due to_ the pnncipal
' ' and appropriating the
money for his own benefit (In Re: Rusina, A.C_
i;1a::e'lai:::;i:"e" "1
A -
of a decision or auth°rity'S;$PLGS8l’\llT\Q
Q or mi ‘ thet- ;,_ ofW-it -
No. 27, May 29, 1959); provisions of law in rd -y changing "0

0 er to mislead the -.
1:! \ ’
M E M/QR Y Al D
San Boat; umviuy Coleus ul luw ROCI Lint Or/virtirinn Cantor
(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
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
College O; Law on the allegations

s
A lawyer may not file an administrative <§0_fT;D|a;': °' me Phmppme - nlatlon in the SC, A. M.
against a judge, which arises from his judicia gfiiai 0! plagiarism and misreprese
until the lawyer shall have exhausted lu IE No 10-10-4 SC, March 8, 2011)-
remedies which result in a finding that the |ud9_°h ai ll submit
gravely erred. If the lawYe'_d°e$ $°_§”" oh“ RULE 11.05 - A |a‘"Y°' ‘ha .1
exhausting such judicial remedies or _8Walll"9 l e rievanc es agalnst 8 Judge to the prop” v‘‘
result thereof. he may be administratively held go guthorltles onlY-
account therefore (Flores v. Abesamis. A.M. No. ‘S -
96-1, July 10, 1997). Administrative comP|a "*5
against judges or justices cannot and should not P'°"§{;Ai':hii’i§i;Yle
Th6 5 a administrative suP°fVi5i°" °"°"
substitute for appeal and other judicial remedies n
all oou s a nd personnel thereof (CONS7-' An‘ V,”- .
against an assailed decision or ruling ll" '59 Sec. 5, p8f- (5))-
Merdegia, lPl Nos. 12-205-CA-J & 1030 - _ tgfllfid administrative i
December 10, 2013). Juri$r>'P‘.'°"°°s “§:c|,,csti3:c noting that only the
supervision an can oversee the judges and oou“
Lawyer's Freedom of Expression _ _ ‘ _
A lawyer is entitled to voice his criticism within the Supremej-gogompliance with all laws, rules and ‘
context of the constitutional guarantee of freedom 0 °°"i°'I7'°,.s No other branch of government may
speech which must be exercised responsibIY~ Afier
.'°9"d“ wnte. this power, without running afoul of the
all, every right carries with it the corre$P°"d'"9 gdglrifie of seDa"all°" 07 P°We'$ (R95 COA opinion
obligation. Freedom is not freedom fffizn on me Computation of the Appraised Value of the .
responsibility, but freedom with resP°"5'b'|'W- 3 Properties Purchased by me Rewed t
lawyer's fidelity to his client must not be pt-lf$liI9d af Chlef/Associate Justices of the Supreme C011". A-Q
the expense of truth and ordefli’ ad""'"'s"9t°" ° No.11-7-10-SC, July 31, 2012).
justice. It must be done within the confines of reason
and common sense (Rodnguez-Manahan v. Flores. In fine, where a criminal complaint against a Judge
Ag, Na 3954 (Resolution), November 13. 2013). or other court employee arises from their _.
administrative duties, the Ombudsman must defer
Lawyers Who are Also Law Professors May NOT action on said complaint and refer the same to the -
Invoke Academic Freedom in DQ701159 07 Supreme Court for determination whether said '
intemperate Statements Tending to Pressure the Judge or court employee had acted within the scope ~
Court or Influence the Outcome of a Case or of their administrative duties (Maceda v.
Degrade the Courts Ombudsman, G.R. No. 102781, April 22,1993). '
Academic freedom cannot be successfully invoked
by respondents. The implicit ruling in jurisprudence lf based on impeachable offenses, the complaints S
is that the constitutional right to freedom of must be coursed through the House of
expression of members of the Bar may be
circumscribed by their ethical duties as lawyers to Representatives and the Senate in accordance with
give due respect to the courts and to uphold the the rules of impeachment (CONST., Art. XI, Section I-I
public‘s faith in the legal profession and the justice 2-8).
system. The reason that freedom of expression may
be so delimited in the case of lawyers applies with CANON 12: A LAWYER SHALL EXERT
greater force to the academic freedom of law EVERY EFFORT AND CONSIDER IT HIS
professors (Re: Letter of the UP Law Faculty entitled
“Restoring Integrity: A statement by the Faculty of
ourv TO ASSIST IN THE SPEEDY AND
the University of the Philippines College of Law on EFFICIENT ADMINISTRATION oi=:
the allegations of plagiarism and misrepresentation JUSTICE.
in the SC, A. M. No. 10-10-4 SC, March 8, 2011). Constitutional Basis'
_ _ - All persons shall h ave the7
right to a speedy disposition of their cases before all
It is not contested that respondent professors are b judicial . q u asi judicial
' ‘ " - -
or administrative bodes
law and jurisprudence, guaranteed acadeinig (CONST., Art. Ill, Sec. 16). |
freedom . But it‘is not inconsistent
' with the principle
of academic freedom for the Court to subject lawyers llgedspeedy and efficient administration of justice
who teach law to disciplinary actiqn for
contumacious conduct and speech, coupled with u y not only of the l b - .
undue intervention in favor of a party in a pendin well (FUNA, supra at 18gryer ut mso me judge as
case, without observing proper procedure even
purportedly done in their capacity as teachers (R9- Be“-"“$° a lawyer is an officer of t h
etter of the UP Law Fa It ‘ " ' ' "Don to assist in the administ ' '8 cpun can
Integrity:A state mam by thecuFaculty
y emmed Res'°”"9 of a lawyer that obst ram" of]usnce' any a
of the University . _
administration of ' i‘
ructs, perverts
-
or im p ed es
' -
justifies disciplinalrtysafiiei commutes mconduc‘
and
'°" against him (CA-G.R. cv.
E \ '
MEM/QRY AID
Sm Bede Uiwiuty Coloqe of Llw - ROCI Bu Opdghgitj Cg;-rm:
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
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
confidence has been reposed on him;

Rights of a Witness Under the Rules of Court: 4. When he is to violate the confidence of his client;
A witness must answer questions, although his and LEG
answer may tend to establish a claim against him. 5. When as an attorney, he is to testify on the
However, it is the right of a witness: (PDEA2) theory of the case (AGPALO, supra at 377-378).
. To be Protected from irrelevant, improper, or
insulting questions, and from harsh or insulting NOTE: The prohibition does not apply to a former
demeanor; counsel where a witness for the defendant had been
2. Not to be Qetained longer than the interests of formerly the lawyer for said defendant, such does
justice require; not disqualify said witness (Gonzaga v. Canete, G.R.
3. Not to be Examined except only as to matters No. 972, March 14, 1904).
pertinent to the issue;
4. Not to give an Answer which will tend to subject Instances When a Lawyer May Testify as a
him to a penalty for an offense unless otherwise Witness in a Case Which He is Handling For a
provided bylaw; and Client:
5. Not to give an Answer which will tend to degrade 1. On formal matters, such as the mailing,
his reputation, unless it be the very fact at issue authentication, or custody of an instrument and
or to a fact from which the fact in issue would be the like (CPR, Canon 12, Rule 132, Sec. 3)," .
presumed. But a witness must answer to the fact 2. Acting as an expert on his fee;
of his previous final conviction for an offense 3. On substantial matters in cases where his
(RULES OF COURT, Rule 132, Sec. 3). testimony is essential to the ends of justice, in
which event he must, during his testimony,
RULE 12.08 - A lawyer shall avoid testifying » entrust the trial of the case to another counsel
in behalf of his client, except: (CPR; Canon 12, Rule 132, Sec. 3);
1. On formal matters, such as the mailing, 4. Deposition: and '
authentication or custody of an Instrument, 5. Acting as‘an,arbitrator.
and the like; or
2. .On substantial matters, in cases where his CANON 13: A, LAWYER SHALL RELY
testimony is essential to the ends. of justice, UPON THE MEBITS OF HIS CAUSE AND
in which event he must, during his REFRAIN__ FROM ANY IMPROPRIETY
testimony, entrust the trial of the case to WHICH TENDS TO INFLUENCE, OR
another counsel. GIYES THE APPEARANCE OF
REASON: The difficulty posed upon lawyers by the ‘INFLUENCING THE COURT.
task of dissociating their relation to their clients as Courts as impartial administrators of justice are
witnesses from that as advocates. Witnesses are entitled to proceed to the disposition of its business
expected to tell the facts as they recall them. In in an orderly manner, free from outside interference
contradistinction, advocates are partisans—those obstructive of its functions and tending to embarrass
who actively plead'and defend the cause of others. the administration of justice, just as litigants are
it is difficult to distinguish the faimess and entitled to have their causes tried fairly by an
impartiality of a disinterested witness from the zeal impartial tribunal, uninfluenced by publication, public
of an advocate (Santiago v. Rafanan, A.C. No. 6252 clamor, bias, prejudice or sympathies (Nestle PhiIs.,
October 5, 2004). Inc. v. Sanchez, G.R. N0. 75209, 78791
(Resolution), September 30, 1987).
The law does not forbid an attomey to be a witness
and at the same time an attomey in a cause. RULE 13.01 - A lawyer shall not extend
However, the courts prefer that counsel should not extraordinary attention or hospitality to, nor
testify as a witness unless it is necessary, and that seek opportunity for cultivating familiarity
they should withdraw from the active management withjudges.
of the case (Santiago v. Rafanan, A.C. No. 6252
October 5, 2004). REASON: A lawyer must rely on the merits of his
case and should avoid using influences and
Instances When a Lawyer May NOT Testify as a connection to win his case. His cases must be won
Witness in a Case Which He ls Handling for a because they are meritorious and not because of
Client: _
1. He cannot serve conflicting interests;
LEGAL ETHICS
connections, clout, dominance, or influence obstructing the administration of justice (Marantan v_

(PINEDA, supra at 206). Diokno, G.R. No. 205956, February 12, 2014).
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
subject to the same criticism as any other public NATURE OF ATTORNEY-CLIENT

official because then his ruling becomes public RELATIONSHIP: (PCF)
property and is thrown ope_ri to public consumption 1. Strictly Personal;
(In re: Almacen v. Yaptinchay, G.R. No. L-27654 2. Highly Qonfidential; and
(Resolution), February 18, 1970; Strebel v. 3. fiduciary (Regala v. Sandiganbayan, G.R. No.
Figueras, G.R. No. L-4 722, December 29, 1954). 105938, September 20, 1996).
When Public Statements are Contemptuous The preservation and protection of the relation will
Even When the Case Has been Terminated encourage a client to entrust his legal problems to
1. Where it tends to bring the court into disrespect an attomey, which is of paramount importance to the
or, in other words, to scandalize the court; or administration of justice (Hilado v. David, G.R. No.
2. Where there is a clear and present danger that L-961, September 21, 1949).
the administration of justice would be impeded
(People v. Godoy, G.R. Nos. 115908-09, March
29, 1995).
CREATION OF LAWYER-CLIENT
RELATIONSHIP _
The character of the act done and its direct tendency 1. Voluntarily _
to prevent and obstruct the discharge of official duty a. By means of a contract whether written or
is the test to determine whether a newspaper oral. A lawyer client contract may be
publication concerning a pending case is express or implied without need of a written
contemptuous (PINEDA, supra at 211). contract (Sps. Rabanal, et. al. v. Atty.
Tugade, A.C. No. 1372, June 27, 2002).
RULE 13.03 - A lawyer shall not brook or
invite interference by another branch or Oral — when the counsel is employed
agency of the government in the normal without a written agreement, but the
conditions and amount of attomey's fees are
course ofjudicial proceedings. agreed upon.
REASON: To preserve the independence of the Written — when the terms and conditions
judges in the performance of their duties (PINEDA, including the amount of fees, are explicitly
supra at 214). stipulated in a written document, which may
be a private or public document (PINEDA,
Filing a “complaint” against the Justices of the supra at 318).
Supreme Court before the Office of the President is
a vilification of the honor and integrity of said implied - when there is no agreement,
Justices and an impeachment of their capacity to whether oral or written, but the client allowed
renderjustice according to law. No other department the lawyer to render legal services not
can review the decisions of the Supreme Court. intended to be gratuitous without objection,
Thus, the filing of the complaint was even violative and the client is benefited by reason thereof
of the principle of separation of powers (Maglasang ' (Id. at 320).
v. People, G.R. No. 90083 (Resolution), October 4,
1990). - b. It may arise out of-the nominate contract
facio ut des (I do and you give) as when a
NOTE: The rule should be distinguished from Rule lawyer represents a friend without any
11.05 which reads: “A lawyer shall submit agreement as to the payment of attomey's
grievances against a Judge to the proper authorities fees. .
only." The latter rule refers to complaints against
judges themselves which must be coursed only to 2. By operation of law
the proper authorities (PINEDA, supra at 214). a. Implied agreement through mere
consultation which would then be govemed
by the rules of ethical conduct for lawyers
(Burbe v. Atty. Magulta, A.C. No. 99-634.
CHAPTER IV: THE June 10, 2002); '
b. Where a court issues an order requiring a
LAWYER AND THE lawyer to undertake representation of a
CLIENT party. This should be govemed by the rules
of ethical conduct for lawyers and the order
for the representation (DOMONDON, supra
at 194-195).
LEGAL ETHICS
commeiicemeur OF i.AwYeR-CLIENT TYPES OF RETAINER:

RELATIONSHIP 1. General retainer or retaining fee ‘
lf a person, in respect to hisbusiness affaiirrs ho; - the fee paid to a lawyer to secure his future
troubles of any kind, consults with his attorney _ _ services as general counsel for any ordinary
professional capacity with the view to obtaining legal problem that may arise in the routinary
professional advice or assistance, and the attorney business of the client and referred to him for
voluntarily permits or a¢Q\1_'°5°°5 ml sud: legal action. The future services of the layi/yer
consultation, then the professional 6mP °Ym°_" are secured and committed to the retaining
must be regarded as established (Hilado v. David. client. For this, the client pays the lawyer a fixed
G.R. No. L-961. September 21 , 1949). retainer fee which could be monthly 0|-
othenivise, depending upon their arrangement,
A lawyer-client relationship was established from the The fees are paid whether or not there are cases
very first moment complainant asked respondent for referred to the lawyer. The F8350" f0T the
legal advice regarding the fomier's business. To remuneration is that the lawyer is deprived of the
constitute professional employment, it is not opportunity of rendering services for a fee to the
essential that the client employed the attorney opposing party or other parties. In fine, it is a
professionally on any previous occasion. l_t IS not compensation for lost opportunities (Traders
necessary that any retainer be paid, promised, or Royal Bank Employees Union Independent v.
charged; neither is it material that the attomey NLRC, G.R. No. 120592, March 14, 1997).
consulted did not afterward handle the case for
which his service had been sought (Burbe v.
Magulta, A.C. No. 5713, June‘10, 2002). 2. Special retainer
-. affee for a specific case handled or special
Once a lawyer accepts money from a client, an service rendered by the lawyer for a client. A
attomey-client relationship is established, giving rise client may have several cases demanding
to the duty of fidelity to the client‘s cause.’ From then special or individual attention. If for every case
on, he is expected to be mindful of the trust and there is a separate and independent contract for
confidence reposed in him. He must serve the client attorney's fees, each fee is considered a special
with competence and diligence, and chantpion the retainer (Traders Royal Bank. Employees Union- .
latter's cause with wholehearted devotion (Dalisay v. Independent v. NL_RC, G.R. No. 120592. March
Mauricio, Jr., A.C. No. 5655 (Resolution), January 14, 1997). L V
23, 2006). '
NOTEL Unless otherwise expressly stipulated
ADVANTAGES OF A WRITTEN between them at any time during the engagerrient, " .i
CONTRACT BETWEEN THE LAWYER complainants had no right to assume that than
AND THE CLIENT: l. lawyer's legal representation was indefinite as to 5
extend to his representation of them in another case‘-
1. It is conclusive as to the amount of (Capugan v. Tolentino, A.C. No. 8261, March 11,
compensation; and - 2015). * i
2. ln case of unjustified dismissal of an attorney, he
shall be entitled to recover from the client full An attorney has no power to act as counsel or legal a
compensation stipulated in the contract (R.A. representative for a person without being retained,’
No. 636, Sec. 1, par. (3)). nor may he appear in court for a party without being"
employed unless by leave of court. In the absenoei
NOTE: While a written agreement for professional of a written retainer, the establishment of the‘-
services is the best evidence to show the relation, attomey-client relationship depends upon L
formality is not an essential element of the circumstances of the case (MENDOZA-ARCEGA A
employment of an attorney. The absence of a written DECHAVEZ, supra at 271). , __’
contract will not preclude a finding that there is a
professional relationship (Hilado v. David, G.R. No.
L-961, September 21, 1949). EFFECT OF ACCEPTANCE OF FEE
WITH KNOWLEDGE OF ITS NATURE‘ '
RETAINER OR EMPLOYMENT O AND PURPOSE - '
Refers to the act of the client by ‘which he engages Acceptance by the lawyer of fee knowing its natu
the services of ari attomey to render leg'a| advice, or and purpose effectively barred him from altogeth
to defend or prosecute his cause of action disclaiming the existence of an attorney-clie'
(AGPALO, supra at 180). relationship. This is despite the fact that tg
¢°mP|8Iflant, after such payment, let almost
years passed without communicating with his lawy
tz is‘i'i<>1$3§z
and dealtdwithdhimV.”only
5U e Cantor
I after an advers e decision

. . has
1rT1g;3).( r °°"\Pet@nce and diligence. and champion the latter's
cause with wholehearted fidelity, care, and
devotion
17' 2017).(Samont0 v.JU!Tl8!TlI,'/ A.C. No. 11668, July
CANON 14; - A LAWYER sit
REFUSE HIS SERVICES TO THQZZSSJ EXCEPTIONS:
Constitutional Basis 1. A lawyer shall not decline to represent a person
Free access to the courts and u - - . solely on account of the latter's race, sex, creed
and adequate |eQal assistance :haa||sl"it!J\fi)|:'::ertii(::i'?g _ or status of life or because of his own opinion
any
Sec‘ person
11). by reason of POVB riy (CONST. Art. Ill, 'e9aiding the guilt of said person (CPR, Canon
14, Rule 14.01); and
2. A lawyer shall not decline, except for serious and
:31T€grLh£$2’C§3;"2ih1ould be read in conjunction sufficient cause, an appointment as counsel de
officio or as amicus curiae or a request from the
IBP or_ any of its chapters for rendition of free
Incentives to Lawyers legal aid (CPR, Canon 14, Rule 14.02).
Lawyers or professional partnerships rendering NOT_E: A lawyer may accept a losing civil case
actual free legal services, as defined by the SC shall provided that, in so doing, he must not engage in
be entitled to an allowable deduction from theirgross dilatory tactics and must advise his client about the
income, the amount that could have been collected prospects and advantages of settling the case
for the actual free legal services rendered or up to t1h;;)ugh a compromise (AGPALO, supra at 196-
10% of the gross income derived from the actual
performance of the legal profession, whichever is
lower: provided that the actual free legal services When to Decline Employment’
herein contemplated shall be exclusive of the A lawyer should decline professional employment
minimum 60-hour mandatory legal aid services regardless of how attractive the fee offered may be
rendered to indigent litigants as required under the if its acceptance will involve:
Rule on Mandatory Legal Aid Services for Practicing 1. A violation of any of the rules of the legal
Lawyers, under B.M. No. 2012, issued by the SC profession;
2. Advocacy in any matter in which he had
(R.A. No: 9999, Sec. 5). . intervened while in the govemment service;
3. Nuilification of a contract which he prepared;
Rule on Mandatory Legal Aid Service (B.M. No. _ 4 4. Employment, the nature of which might easily be
2012) used as a means of advertising his professional
This Bar Matter enhances the duty of lawyers to services or his skills;
society as agents of social change and to the ‘courts 5. Employment with a collection agency, which
as officers thereof by helping improve access to solicits business to collect claims; and
justice by the less privileged members of society and 6. Any matter in which he knows or has reason to
expedite the resolution of cases involving them; believe that he or his partner will be an essential
Every practicing lawyer is required to, render a witness for the prospective client (AGPALO,
minimum of sixty (60) hours of free legal aid sen/ices supra at 188). '
to indigent litigants in a year. Said 60 hours shall be
spread within a period of twelve (12) months, with a REASONS: _ -
minimum of five (5) hours of free legal aid services 1. The attorney's signature in every pleading
each month. However, where it is necessary for the constitutes a certificate by him that there is good
practicing lawyer to render legal aid sen/ice for more cause to support it and that it is not interposed
than five (5) hours in one month, the excess hours for delay and willful violation of such rule shall
may be credited to the said lawyer for the subject himto disciplinary action;
succeeding periods (B.M. No. 2012, Sec. 5(a)). 2. it is the attomey's duty to counsel or maintain
such actions or proceedings only as appear to
Right to Decline Employment - him to be just and only such defenses as he
GENERAL RULE: A lawyer is not bound to accept believes to be honestly debatable under the law;
every case that is referred to him by a prospective 3. -A lawyer shall not encourage either the
client (Legarda v. Court of Appeals, G.R. No. 94457. commencement or the continuance of an action
March 18, 1991). or proceeding, or delay any man's cause, for any
corrupt motive or interest; and
NOTE: Once a lawyer agrees to take up the cause; 4. A lawyer must decline to conduct a civil cause or
of a client, the lawyer owes fidelity to such cacao an to make a defense when convinced that it is
must always be mindful of the trust and con l ence ' intended merely to harass or injure the opposite
reposed in him. He must serve the client with party or to work oppression or wrong (Id. at 197).
LEGAL ETHICS
lgcfigggrzio res ect to the

be Fgssmed constitutional
bycounsel, rightenough
it IS not of an
RULE 14.01 - A lawyer shall not decline to
that a counsel de officio is aPP°'"Ied by_ the trial
represent a person solely on account of the court, especially where the accused had indicated
latter's race, sex, creed, or status of life, or his desire for a lawyer of his choice (Peel?/9 v.
because of his own opinion regarding the Villegas, G.R. No. L-29015, Apnl 29, 1975).
guilt of said person,
As counsel de officio, the lawyer I5 dill)’ P0‘-"id to
A lawyer cannot decline to represent an accused exert his best effort and professional ability in behalf
because of his opinion that the said person is guilty of the person assigned to his care. Corollary to this i
of the charge filed against him. The lawyer $h0U|d
defend the accused by all fair and honorable means
duty, the presiding judge must give the counsel d9
officio ample opportunity to examine not only the
i
i
.§
that the law pennits regardless of his persona| records of the case, but also to confer with the
i
(.
°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
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
Committee, _NCL_A or the Accredited Legal Aid

units/credits (Implementing Rules 8nd
Service Provider indicating clearly the reason for the
(umover. The turned~over cases may then be Regulations of A.M. No. 17-03-09-SC, Rule /.
Sec. 8(0));
reassigned to another covered lawyer 4. Covered lawyers who have worked for at least
(implementing Rules and Regulations of A.M. No.
one (1) year, upon admission to the Bar, in law
17-03-09-SC, Rule II, Sec. 14).
firms offering pro bono legal services or
regularly accepting counsel de officio
Certificate of Compliance appointments (Implementing Rules and
covered lawyers shall, upon completion of the
required 120 hours of free legal aid services, submit Regulations of A.M. No. 17-03-09-SC, Rule I,
an Affidavit of Full Compliance and a notarized Sec. 8(d)); ~
, 5. Covered lawyers who have worked for more
Certificate of Compliance to the OBC issued and than one (1) year, upon admission to the Bar, as
signed by the chairperson of the IBP Chapter Legal
§taff of a Law School Legal Aid Office, a Public
Aid Committee, NCLA Director, or the chairman, Interest Law Group, or the Integrated Bar of the
director, or supervising partner or lawyer from the Philippines (Implementing Rules and
Accredited Legal Aid Service Provider where they Regulations of A.M. No. 17-03-09-SC, Rule I,
are registered (Implementing Rules and Regulations Sec. 8(6)); and '
ofA.M. No. 17-03-09-SC, Rule II, Sec. 12). 6. Covered lawyers who have worked with Iavvyers
for Public interest Law Groups or altemative or
Exemptions developmental law groups for more than one (1)
The following shall be exempted from the year, upon admission to the Bar, and have filed
requirements of this Rule, upon sufficient proof of public interest cases as defined under the Rule
their respective circumstances submitted with the (Implementing Rules and Regulations of A.M.
Office of the Bar Confidant (OBC): (EL-JP?SCO- No. 17-03-09-SC, Rule I, Sec. 8(f)).
SFSI)
1. Covered lawyers in the gxecutive and For purposes of the Rule, there must be certificate
Legislative branches of government [excluding of-employment and a certification stating the actual
local government units (LGUs), govemment- number of hours and summary of the legal services
owned and controlled corporations rendered (Implementing Rules and Regulations of
(GOCCs),state universities and colleges A.M. No. 17-03-09-SC, Rule I, Sec. 8).
(SUCs), local water districts (LWDs), and other
similar institutions] as well as in constitutional Within thirty (30) days from date of signing the Roll
bodies, provided that the covered lawyer must of Attorneys, any covered lawyer shall submit hislher
already be in said govemment serviceat least sworn statement and Certificate of Exemption
six (6) months before admission into the Bar issued by the concemed office showing his/her
(oath-taking) (Implementing Rules and entitlement to the exemption from the rule.
Regulations of A.M. No. 17-03-09-SC, Rule I, Otherwise, the covered lawyer shall not be
Sec. 8(a)); considered exempt from the Rule (Implementing
2. Those already employed, upon admission into Rules and Regulations of A.M. No. 17-03-09-SC,
the Bar, with the gudiciary, the [ubiic Attomey‘s Rule I, Sec. 8). _
Office, the National Prosecution Service, the
Office of the §olicitor General, the Office of the The said sworn statementlCertificate of Exemption
Govemment Qorporate Counsel, and the Office shall state the details of the substantive legal
of the Qmbudsman shall be automatically services rendered including the number of hours
exempt from compliance with this Rule. spent, which shall not be less than 120 hours, and
the summary of cases handled or legal services
Provided, however, that they shall undertake to rendered. This provision shall be strictly construed
remain in the government sen/ice for at least one against the exemption (Implementing Rules and
(1) year from admission to the Bar. A violation of Regulations of A.M. No. 17-03-09-SC, Rule I, Sec.
the said undertaking shall nullify their certificate 8).
of exemption (Implementing Rules and
Regulations of A.M. No. 17-03-09-SC, Rule I, Prohibition against Solicitation or Acceptance of
Sec. 8(b)); Gifts -
3. Those who have already undergone and Covered lawyers shall not solicit, request, or accept,
completed the clinical legal education program directly _or indirectly, any fee, gift, token of gratitude,
duly organized and accredited under Rule 138- or anything of monetary value in the course of
A (Law §tudent Practice Rule). rendering the legal aid services under this Rule. Any
and all legal services provided under this Rule shall
Provided, that the service rendered was be on a pro bono basis (Implementing Rules and
voluntary and not made to earn any academic
LEGAL ETHICS
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
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
used (Santos, Sr. v. Beltran, A.C. No. 5858,

3. Use of Prior Knowledge Obtained December 11, 2003). r
v \l
- whether the lawyer would be called upon in
the new relation to use against a former client it is inconsequential that petitioner never questioned
any confidential information acquired through the propriety of respondent's . continued
their connection or previous ‘employment representation of defendant. The lack otopposition
(Anifion v. Sabitsana, Jr., A.C. No. 5098, April does notmean tacit consent. As long as the lawyer l
11, 2012). ' represents inconsistent interests of two or more 1I
opposing clients, he is guilty of violating his oath

in the process of determining whether there is a (San Jose Homeowners Association, Inc. v. .i
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
cover transactions that occurred beyond the

Conflict of Interest May Arise in the Same Action lawyer's employment with the client. The intent of the
or Unrelated Actions law is to impose upon the lawyer the duty to protect
The proscription against representation of conflicting the client's interests only on matters that he
interests applies to a situation where the opposing previously handled for the former client and not for
parties are present clients in the same action or in matters that arises after the lawyer-client
an unrelated action (Quiambao v. Bamba, A.C. No. relationship has terminated (Lim-Santiago V-
6708, August 25, 2005). Sagucio, A.C. No. 6705, March 31, 2006). ~ 1‘
4
NOTE: The termination of attorney-client relation l
Provides no justification for a lawyer to represent an

interest adverse to or in conflict with that of th6'
former client. The client's confidence once reposed
I
’_,.” Ii
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
identity of his client (R999/3 V- Sa”di9a”baya”- G-R.

No 105938. Svnlembe’ 20' 1996)"
l
1. There exists an attomey-client Relationship, 0_r
a prospective attomey-client relationship, and ii ONS: .
is by reason of this relationship that the client 6 Cour‘ has a right to_ know that the client
. made the communication; - ' _ I whose privileged information is sought to be
2. The client made the communication in
protected is flesh and blood; _ t om an
Qonfidence; and '
3. The legal advice must be sought ff0lT\ me 2.~ The privilege b°9'"$ _‘° °’."5 Y °' ""9
attomey-client relationship has been
attomey in his Professional capacity (MefC6d° V- established. The attomeY-Cllem P"V"°9e does
Vitnolo, A.C. No. 5108, May 26, 2005). not attach until there is a client; and
3_ -|-he privilege generally pertains to the subject
Parties Covered by the Privilege:
1. Client;
matter of the relationship (ld.).
2. Lawyer; _
3. Person reasonably believed by the client to be EXCEPTIONS: (PIC) _
licensed to engage in the practice of law; 1. If the identification of a client convells
4. Attomey‘s Secretary, stenographer, or clerk who information which ordinarily would be part of the
acquired confidential communication in such usual Erivileged communication between
capacity save only when the client and attorney attomey and client, the Privilege extends t° Such
jointly consent thereto; identification in the absence of such factors as:
5. Other persons assisting the attomey whowwas -a. The commencement of litigation on behalf of
consulted by a client, against whom this = the client; '
privilege may be invoked (RULES OF COURT. ' b. ' The identification relating to an employment
RULE 130, Sec. 24, par. (b)); and - ‘ ~_<_ _ -7 ofathird person;
6. Law student under the Law Student Practice C3 ._The employment of an attorney with respect
Rule. ~ " 5" ' V to future criminal or fraudulent transaction;
NOTE: The niles safeguarding privileged or 1
communication between attorney and client d. The prosecution of a lawyer for a criminal
shall apply to similar communicationsmade to g offense‘. = §- I
or received by the law student, acting for a legal 2. Where a strongpossibiiity exists that revealing
clinic (RULES OF couftT. Rule 138-A, Sec. 3). the client's name would jmplicate the client in the
very ac_tivity.fo‘r' which he sought the lawyer's
Purposes ofthe Rule: ~ '_ ‘ V _- ~ _. advice '(ld.); or '
1. To encourage a client to make la full disclosure 3. Where the disclosure would open the client to
of the facts of the case to his counsel without Qivii liability (AGPALO, supra at 279-280).
fear, and ~
2. To allow the lawyer freedom to obtain full NOTE: Suing the lawyer to force him to disclose the
information from his client in order to enable the identity of his client in any of these instances is
fonner to suitably represent and serve>the improper and the suit, upon motion, may be
latter's interests (AGPALO, supra at 2601261). dismissed on such ground (ld.).
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
Burden of Proof t-31

GENERAL_RULE_: _A lawyer may not invoke the *-la
The mere relation of attorney and client does not -i
Attomey-Client Privilege and refuse to divulge the
“'56 a Presumniion of confidentiality. The client
_ \ '
MEM»Q~RY‘AlD
SanBOdIUnvemtyCologeotu|w-pQcT9uop8.h°n-cenm
must intend the communication to be confidential Betrayal of Trust by an Attorney or Solicitor —

(Adelfa Properties, Inc. v. Mendoza, A.C. No. 8608, Revelation of Secrets -
October 16, 2019). In addition to the proper administrative action, there
shall be imposed upon any attorney-at-law or
The party who avers that the communication is solicitor (procurador judicial) who, by any malicious
privileged has the burden of proof to establish the breach of professional duty or of inexcusable
existence of the privilege, unless from the face of the negligence or ignorance, shall prejudice his client, or
document itself, it clearly_appears that it is privileged. reveal any of the secrets of the latter leamed by him
The mere allegation that the matter is privileged is in his professional capacity (REVISED PENAL
not sufficient (Belen v. People, G.R. No. 21110, CODE, Art. 209).
February 13, 2017). _ '
RULE 15.04 — A lawyer may, with the written
Duration of the Privilege " consent of all concerned, act as mediator,
GENERAL RULE: The lawyer-client confidentiality
privilege and lawyer's loyalty to his client extend conciliator or arbitrator in settling disputes.
even after the termination of the relationship (Regala
REASON: To prevent future controversy. on the
v. Sandiganbayan, supra). authority of the lawyer to act as mediator or
arbitrator. However, a lawyer who acts in such
EXCEPTIONS: (RAN-WaCo) capacity in the settling of a dispute cannot represent
1. When Required by law; ' any of the parties to it (P/NEDA, supra at 261).
2. When Authorized by the client after acquainting
him of the consequences of the disclosure;
3. When Necessary to collect his fees orto defend NOTE: The lawyer acts as intermediary under this
himself, his employees or associates or by- J- rule when the lawyer represents all parties. A key
judicial action (CPR, Rule 21.01); factor in defining the relationship is whether the
4. When the privilege is fiived by the client parties share responsibility for the lawyer’s fee, but
(Pfleider v. Palanca, A.C. No. 927, September the common representation may be inferred from
28, 1970); and ' other circumstances (FUNA, supra at 250). ~
5. Communication seeking advice to Qgmmit fraud Negotiatingwith the opposing party, without the
or establish false claim (AGPALO supra at 290). client's consent, results in conflict of interests
(Capinpin,"Jr. v. Cesa, A.C. No. 6933, July 5, 2017).
Waiver of the Attorney-Client Privilege j
.GENERAL RULE: Only the client as a-rule can
waive the privilege since the attomey-client privilege
RULE 15.05 - A lawyer, when advising his
against disclosure of the client's confidence is client, ‘shall give a candid and honest
intended primarily forthe client's protection, only the opinion on the merits and probable results
client as a rule can waive the privilege (RULES OF of the ciient’s case, neither overstating nor
COURT, Rule 130, Sec. 24(b)). V understating the prospects of the case.
EXCEPTION: The waiver of the client alone_ is When a case is referred to a lawyer or when a client
insufficient when the person to be examined with comes to a lawyer to seek professional advice, the
reference to any privileged communication is the first task of a lawyer is to study the facts and the law
attomey's secretary, stenographer, or clerk, in applicable not to engage in a half-hazard rendering
respect to which the consent, too, of the attorney is of legal advice. Second, a lawyer shall not overstate
necessary (RULES OF COURT. Rule 130. 88¢- or understate the prospects of the case. A lawyer
24(b)). T' shall not impress upon a client the success of the
litigation for the same is considered an act of
Waiver Cannot Be Made Partially _ ' malpractice, and a ground for disciplinary action
A waiver in part is a waiver in whole fora client may (ANTIQUIERA, supra at 85).
not remove the seal of confidentiality for his
advantage and insist that it be pnvileged as to so As officers of the court, counsels are under
much as makes to the disadvantage of his adversary obligation to advise their clients against making
(AGPALO, supra at 285-286). . untenable and inconsistent claims. Lawyers are not
merely hired employees who must unquestionably
The privileged communication between an attomey do the bidding of the client however unreasonable
and client ma Y be a shield of defense as to cnmes this may be when tested by their own expert
already committed (ld.). ' . appreciation of the facts and applicable law and
jurisprudence (Periquet v. NLRC, G.R. No. 91298,
June 22, 1990). '
5
LEGAL ETHICS
not a gun for hire (Millare v. Montero. A.C. No. 3283,

RULE 15.06 - A lawyer shall not state nor July 13. 1995)-
imply that he is able to influence any public
official, tribunal or legislative body. ‘ ' an individual not to obey the lawful order or
Advising rt IS' contemptuous (Office of the Cour;
This rule prohibits what is known as influence- iitdrtiicihlistrator v. Floro, A.M. No. RTJ-99-1460,
peddllng (AGPALO, supra at 213). March 31. 2006)-
Influence-Paddling __ A la WY er's advice to approach the judge andplead
Act of representing oneself, either orally orln writing, for compassion and telling her clients Iyak-iyakan
as being able, whether real or imagined. to ‘influence. lang ninyo si Judge Martin at palalayain na kayo.
facilitate or assist another person i18Vll‘lg 5°m9 Malambot and puso noon" makes it appear that the
-
business, transaction, ' '
application,_ re q uest or_ judge is easily moved if a party resorts to dramatic
contract with the govemment in which the public antics. This improper advice only lessens the
°fr|¢ia| Qr employee has to inteniene, in confidence of the public in our legal system (Areola
consideration of any present, gift or material or v. Mendoza, A.C. No. 10135 (Resolution), January
pecuniary advantage. 15, 2014).
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.__-"
executive officers in the discharge of their duties,

which contemplates the use of personal influence REASON: Certain ethical considerations governing
and personal solicitation rather than any appeal to the client-lawyer relationship may be operative in 9
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
G.R. No. L-44346, May 31, 1979)‘.

A lawyer is not barred from dealing with his client but
It is improper for a lawyer to show in any way that he the business transaction must be characterized with
has connectionsand can influence any tribunal or utmost honesty and good faith. Business
public official, judges, prosecutors, congressmen transactions between an attorney and client are
and others, specially so if the purpose is to enhance disfavored and discouraged by policy of law because
his legal standing and to entrench the confidence of by virtue of a lawyer's office, he is in an easy position
the client that his case or cases are assuredof to take advantage of the credulity and ignorance of
victory (PINEDA, supra at 265). his client. Thus, there is no presumption of
innocence or improbability of wrongdoing in favor of
What brings the judicial system into disrepute are lawyers (Ko v. Maduramante, A.C. No. 11118, ‘July 1-
often the actuations of a few erring court personnel 14, 2020). l
peddling influence to party-litigants, creating the

impression that decisions can be bought and'sold A party's engagement of his counsel in another
(Fajardo v. Alvarez, A.C. No. 9018, April 20, 2016). capacity concurrent with the practice of-law is not
prohibited, so long as the roles being assumed by
RULE 15.07 - A lawyer shall impress upon such counsel are made clear to the client (NSBCI v.
his client compliance with the laws and the PNB, G.R.'No. 148753, July 30, 2004).
principles of fairness. - A
it is a breach of professional ethics for a CPA-iavvyer
It is the lawyer's duty to counsel his fellow citizens to to allow his accounting firm to represent two
use peaceful and lawful methods in seeking justice creditors of the estate and, at the same time,
and refrain from doing an intention al wrong to their allowinghis law firm to represent the estate in the
adversanes (PINEDA, supra at 267). ' proceedings where these claims were presented.
Even granting that the CPA-lawyer‘s misconduct
A lawyer is required to represent his client "within the refers to his accountancy practice, the Court can
bounds of the law.” The Code enjoins a lawyer to discipline him as a member of the Bar. The rule is
employ only fair and honest means to attain the settled that a lawyer may be suspended or disbarred
lawful objectives of his client (Rule 19.01) and warns for ANY misconduct, even if it pertains to his private
him not to allow his client to dictate the procedure in activities, as long as it shows him to be wanting in
handling the case (Rule 19.03). In short, a lawyer is moral character, honesty, probity or good demeanor
(Nakpil v. Valdes, A.C. No. 2040, March 4, 1998).
1”
M EMORY AID
San Bede University Coleqo or mw - ROCI Bu Opellllonu Center
the client (MENDOZA-ARCEGA & DECHAVEZ.

(NOTE: For a more coherent discussion, Canons 15 supra at 391). '
and 21 will be discussed successively.)
RULE 21.01 - A lawyer shall not reveal the
CANON 21: A LAWYER SHALL confidences or secrets of his client,
PRESERVE THE CONFIDENCES AND EXCEPT: (AL CoDe)
SECRETS OF HIS CLIENT EVEN AFTER 1. When Authorized by the client after
THE ATTORNEY-CLIENT RELATION IS acquainting him of the consequences of the
disclosure;
TERMINATED. 2. When required by l_=aw;
REASON: Professional confidence once reposed 3. When necessary to Qllect his fees or to
680001 be divested by the expiration of the _lle_fend himself, his employees or associates
professional relationship or by the death of the client. or by judicial action.
Unless the clients are so assured that what they
disclose to their lawyers will not be revealed to third As a safeguard against the disclosure of the client's
persons, they will keep and suppress matters that confidences and secrets, Section 24(b), Rule 130 of
they consider unfavorable to them. The facts will be the Rules of Court mandates that an attomey
distorted and the legal advice given thereon will be cannot, without the consent of his client, be
misleading and inaccurate. Trial will be conducted examined as to any communication made by the
along false lines and will open the lawyer to client to him or advice given thereon in thecourse of
damaging surprises, which may be too late to correct professional employment (PINEDA, supra at 235).
(A GPALO. at 266-267). "Confidence" vs. "Secret"
Confidence may refer to information protected by the
DISTINCTIONS BETWEEN CANON 21 attorney-client privilege under the Rules of Court,
AND CANON 15 ' while secret may refer to other information gained in
theprofessional relationship that the client has
15»- . .- requested,-tpybe held inviolate or the disclosure of
which woiildjbe embarrassing or would likely be
detrimental _t'of‘~the client (MENDOZA-ARCEGA &
DECHA VEZ, supra at 391-392).
Privileged Observance of candor, . ;.‘ .1 -‘
Communication fairness and loyalty in his Forms or Mpdes of Communication Covered:

'’ transactions with his (OWAT) f _ ’
.client “ 1. Qral statements:
2. Written statements;
Extent of Protection for 3. Actions, signs or other means of communication
Privileged Comthunicatioflf;-' .__ ~ ~-(People v. Sandiganbayan, G.R. No. 115439,
Extends even after the Binds the lawyer to the rf-.‘.IuIy-.16.. 1997); and ,
attomey-client relation rule on privilege 4. Those Iransmitted by any form of agency, such
as through messenger or interpreter (AGPALO,
is terminated communication in respect supra at 276).
(CANONS OF of matters disclosed by
PROFESSIONAL prospective client Disclosure of Name of Client -
ETHICS, Canon 21). (CANONS OF GENERAL RULE: The lawyer may NOT invoke the
PROFESSIONAL
_ ETHICS, Canon 15, Rule privilege and refuse to divulge the name or identity
15.02). of his clientls (FUNA, supra at 266).
REASONS: (CAS). '
Duty of Confidentiality _ _ _ 1. The Qourt has a right to know that the client
The lawyer’s duty to maintain inviolate his clients whose privileged information is sought to be
confidence is perpetual because it outlasts the protected is flesh and blood;
lawyers employment (CANONS OF 2. The privilege begins to exist only After the
PROFESSIONAL ETHICS, Canon 37). This applies attorney-client relationship has been
to confidences of prospefrtive °“9"t$ (P/NEDA. "established. The attomey-client privilege does
supra at 356-357). not attach until there is a client; and
3. The privilege generally pertains to the §ubject
The duty of confidentiality applies regardless matter of the relationship (ld.).
whether the client requested it to be kept confidential
or whether its revelation might harm or embarrass
LEGAL ETHICS
EXCEPTIONS: (CIG) agency seeking such infonnation for

1. When disclosure would open the client to Qivil auditing, statistical, bookkeeping,
liability; accounting, data PI'°¢955|"9- °" allll Slmilar
2. When there is a strong possibility that revealing purpose.
the clients name would implicate the client in the
very activity for which he sought the lawyer's Work Product Rule _
advice; and ‘ The work product of a lawyer. such as his effort,
3. When §ovemment's lawyers have no case research, and thought, and the records of his client,
against an attorney's client and revealing the contained in his files are privileged matters
client's name would fumish the only link that (AGPALO, supra at 278).
would form the chain of testimony necessary to
convict him (Regala v. Sandiganbayan, G.R. No. Since it has been proven that the cabinet belongs tc
105938, September 20, 1996). a lawyer and that he keeps the records of his client
therein, the lower court cannot order the opening cf
Disclosure to Protect Attomey‘s Rights said cabinet. it would be tantamount to compelling
1. If an attomey is accused by his client of him to disclose his client's secrets (People v. Sy
misconduct in the discharge of his duty, he may Juco, G.R. No. 41957, August 28, 1937).
disclose the truth in respect to the accusation,
including the client's instructions or the nature of The -purchase of the goodwill of a deceased lawyer
the duty which his client expected him to perform by another lawyer may likely involve a violation of
(CANONS OF PROFESSIONAL ETHICS, this rule (AGPALO, supra at 269).
Canon 37). ,. ,
2. if an attomey is charged by a third person in RULE 21.04_- A lawyer may disclose the
connection with the performance of his duty to affairs of a (client of the finn to partnersor
his client, he may also disclose his.client's
confidence relative thereto (A_GPALO, supra at associates thereof unless prohibited by the
287). _. I client. ‘ ' .- 1
3. An attomey suing a client for attorney's fees may
also disclose or use the confidential information The rule is thatthe professional employment of a law
of his client if such .disclosure or. use is firm is equivalent to the retainer of the members
necessary to enable him to secure his rights thereof even though only one of them is consulted.'
(ld.). _. Conversely, the employment of one member of a law
firm is generally considered as employment of the
RULE 21.02 - A lawyershail not, to_ the law firm (Hilado -v. David, G.R. No. L-961,
September 21,‘ 1949). The disclosure of client's
disadvantage of his client, use information affairs to firm partnersor associates is not to a third
acquired in the course of employment, nor person because members or associates in the law
shall he use the same to his own advantage firm are considered as one person (AGPALO, supraj
or that of a third person, unless the client at 263). ' '
with full knowledge of the circumstances
consents thereto. ' RULE 21.05 - A lawyer shall adopt such
measures as may be required to prevent
EXCEPTION: Rule 21.01 and in matters of those whose services are utilized by him,
unprivileged information (PINEDA, supra at 361). from disclosing or using confidences or
EXCEPTION TO THE EXCEPTION: In case of secrets of the clients. ‘
unprivileged information, the lawyer may be
judicially compelled even if the client objects (ld.). REASON: The prohibition against a lawyer form
divulging the confidences and secrets of his clients
NOTE: This rule covers ‘both privileged and will become a futile exercise, if his staff is given the
unprivileged information (ld.). liberty to do what is prohibited of the lawyer
(PINEDA, supra at 363).
Violation of Rule is Breach of Trust
Prohibited disclosure constitute breach of trust and Hence, the lawyer should exercise care in selecting
will subject the lawyer to disciplinary action (Heirs of and training his employees so that the sanctity of all
Falame v. Baguio, A.C. No. 6876, March 7, 2008). confidences and secrets of his clients may be
preserved (PINEDA, supra at 363). .
RULE 21.03 - A lawyer shall not, without the
written consent of his client, give
information from his files to an outside
8 is
53, i-<52>is
sfi
RULE 21.06 - A lawyer shall a id i
aliens Center
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
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 '
NOTE: The advances made h | _

reimbursement. Otherwise, if (hi aw; suglfiéctfto the case is pending (Ordonio v. Eduarte. A.C.
all legal expenses, his contract of le | P n s or No. 3216, March 16, 1992).
- become champertous. if, his attorn:yT:f:I::\?v?|I
might 96 I
be payable in kind (Bautista v, G Instances Where Prohibition is INAPPLICABLE:
1625, February 12. 1990). °”Za'°s' AM" "'°- (CoCo-AN'B)
1. Where the purchaser of the property in litigation
A lawyer who takes advanta - - . was a Qrporation eventhough the attorney was
financial plight to acquire the lat€I:r'soI>r2:en(Ig?f‘S an officer thereof;
his own benefit is destructive of the confidence of Hf’; 2. In a Qntract for attorney's fees which is
public in theufidelity, honesty, and integrity of the contingent upon the outcome of the litigation;
legal profession (Hemandez, Jr. v. Go “A C No 3. Where the sale took place After the termination
1526, January 31, 2005). ' ' ' *' of the litigation; lawyer may accept an
assignment from his client of a money judgment
IEiftCi>;l;I€il;l::I‘l against Purchase of Property in rendered in the latter's favor in a case in which
he was not counsel, in payment of his
The following persons cannot acquire by purchase professional services performed in another
even at a public or judicial auction, either in person case;
or through the mediation of another, the property and 4. Where the property purchased by a lawyer was
rights in litigation or levied upon an exeeuiion before Not involved in litigation;
5. Where the attorney at the time of the purchase
the court within whose jurisdiction or territory they was Not the counsel in the case; and
exercise their respective functions: (JZP-COL) 6. Where the sale took place Qefore it became
1. gustices; involved in the suit (AGPALO, supra at 254).
2. gudges;
. Prosecuting attorneys; ~
Qlerks of superior and inferior courts; CANON 17: A LAWYER OWES FIDELITY
9'?‘-'° Qfficers and employees connected with the TQ.T_HE CAUSE OF HIS CLIENT AND HE
administration of justice; and - SHALl.:lLBE MINDFUL OF THE TRUST
6. gawyers with respect to property rights, which AND CONFIDENCE REPOSED IN HIM.
may be the object of litigation in which they may REASON: -Fidelity -to the cause of client is the
take part by virtue of their profession (CIVIL essence of legal profession. Without fidelity, the
CODE, Art. 1491(5)). ' profession will not survive, for in the long run, no one
will engage any lawyer anymore (PINEDA, supra at
NOTE: This prohibition is ABSOLUTE and 283). <_=y; 911*
PERMANENT. This extends to schemes intended to
circumvent the law. The prohibition on purchase is Lawyers To Prosecute or Defend the Interests of
all embracing to include not only sales to private Their Clients Without Need for Reminders '
individuals but also public or judicial sales (In re: The privilege of the office of attomey grants them the
Suspension from the Practice of Law in the Territory ability to warrant to their client that they will manage
of Guam of Atty. Leon G. Maquerra, B.M. No. 793 the case as if it were their own (Ramirez v. Margallo,
(Resolution), July 30, 2004). j A.C. No. 10537, February 3, 2015). ’
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
adverse to or in conflict with that of his former client.

The reason behind this prohibition is that the client's Degree of Diligence _ _
tnist and confidence, once given, should not be The practice of law does. not require 3XIf3Ofdll1ary
violated by the mere expiration of the lawyer-client diligence (exacfissima dl/lg9l1Il8) or that extreme
employment. it is for this reason that even after the measu re, of care and caution _ which_ persons of
severance of the professional employment, a lawyer unusual prudence and circumspection ht All use
th for
should not do anything that will injuriously affect his securing and preserving their rig s.’ at is
required is ordinary diligence (diligentia) or that
former client in any matter in which he previously degree of vi g ilance expected of a bonus page,
represented him. Canon 17 of the CPR expressly families (Edquibal v. Ferrer, A.C. No. 5687, February
provides that ‘a lawyer owes fidelity to the cause of 3,2005). '
his client and he shall be mindful of the trust and
confidence reposed in him." This protection
embodied in the said nile is perpetual and does not NOTE: A lawyer's negligence in fulfilling his duties
cease with the temiination of litigation nor of the subjects him to disciplinary action. While such
employment (Parungao v. Lacuanan, A.C. No. negligence or carelessness isincapable of exact
12071, March 11, 2020). formu latio n. the Court has consistently held_ that the
lawyer's mere failure to perform the obligations due
In engaging the services of an attomey, the client his client is per se a violation (Caranza Vda. <19
reposes on him special powers of trust and Saldivar v. Cabanes, Jr., A. C. No. 7749 (Resolution),
confidence. Their relationship is strictly personal and July 8, 2013).
..~
highly confidential and fiduciary. In the instant case,
respondent's defiant attitude ultimately caused his Presumption of Regularity '
client to lose its trust in him. He intentionally denied it is presumed that a counsel takes ordinary care of
his client's requests for advice onihow’ to proceed his concerns‘; and that his official duty (as officer of
with the case and insisted on doing it his own way. the court) is regularly performed (RULES OF
He could not possibly use the supposed blanket COURT, RULE" 131, Sec. 3, par. (d) & (m)). These
authority given to him as a valid justification, presumptions may be rebutted by clear and
especially on non-procedural matters, if he would be convincing evidence (P/NEDA, supra at 288).
contradicting his client's trust and confidence in the
process (Atty. Villonco v. Atty. Roxas, A.C. No. 9186, NOTE: The fact thataiay/yer merely volunteered his
April 11, 2018). legal services or thatghe was a mere counsel de
officio neither diminishes nor alters the degree of
CANON‘ 18: A LAWYER SHALLSERVE professional responsibility owed to his client (People
HIS CLIENT WITH COMPETENCE AND v. Rio, G.R. No.‘ 90294, September 24, 1991).
DILIGENCE. - ' .DUTY TO PROTECT '1'HE CLlENT'S INTERESTS
REASON: A lawyer's negligence in the discharge of
his obligations arising from the relationship of RULE 18.01 - A lawyer shall not undertake a
counsel and client may cause. delay in._the legal ‘service, which he knows or should
administration of justice and prejudicethe rights of a know that"he is not qualified to render.
litigant, particularly his client. Thus, fromf the
perspective of the ethics of the legal profession,a However, he may render such service if,
lawyer’s lethargy in carrying out his duties to his with the consent of his client, he can obtain
client is both unprofessional and unethical as collaborating counsel a lawyer who is
(ViIlaflores v. Limos, A.C. No. 7504, November 23, competent on the matter. .
2007).
When a lawyer accepts a case, his acceptance is an
Scope of Duty implied representation that he possesses the
A lawyer's duty of competence and diligence requisite academic teaming, skill, and ability to
includes not merely reviewing the cases entrusted to handle the case (Manalang v. Buendia, A.C. No.
the counsel's care or giving sound legal advice, but 12079, November 10, 2020).
also consists of properly representing the client
before any court or tribunal, attending scheduled GENERAL RULE: A lawyer should not accept a
hearings or conferences, preparing and filing the case, which he knows or should know he is not
required Pleadings, prosecuting the handled cases qualified to render (CPR, Canon 18, Rule 18.01).
with_ reasonable dispatch, and urging their
termination without waiting for the client or the court EXCEPTION: If his client consents, the lawyer can"
to prod him or her to do so (Ramirez v. Buhayang- take as collaborating counsel another lawyer"
ggrgallo, A.C. No. 10537 (Resolution), February 3, competent on the matter (CPR, Canon 18, Rule
18.01).
J
i"
MEMORY AID Cuna
opposing party and his counsel. It is a document

Collaborating Counsel embodying the result of his work and furnishing
A lawyer who is subsequently engaged re assist the basis on which to judge his competence
another lawyer already handling a p3|1jCu|a|- ease for (AGPALO, supra at 222). ,
a client (PINEDA, supra at 291). .
The handling lawyer cannot just rake another NOTE: A lawyer failed to serve his client with
counsel without the consent of the client. The new competence and diligence when he filed a criminal
lawyer on the other hand cannot just enter his case for estafa when the facts warranted the filing of
appearance as collaborating counsel without the a civil case for breach of contract and filed the
conformity of the first counsel (ld.). complaint before a court which has no jurisdiction
over such‘ case. These errors were so basic and
The same diligence of the first counsel is required of could have been easily averted had he been more
the collaborating" counsel (Sublay v. NLRC, G.R. No diligent and circumspect in his role as counsel for
130104, January 31, 2000). ' complainant (Penilla v. Alcid, A.C. No. 9149.
September 4, 2013).
Clients Entitled to Effective Representation
Not only _does everyone have the right to Comfortable Workload
representation but_ also the right to effective A lawyer should accept only as much cases as he
representation (PINEDA, supra at 290). can efficiently handle in order to sufficiently protect
his clients’) interests (L/jauco v. Terrado, A.C. No;
6317, August 31, 2006). 1
if he is consulted in such circumstances, an
incapable lawyer should either: (DOC) RULE 18.03 - A lawyer shall not neglect a
1. Qecline to act;
2. Qbtain his client's instructions to retain, consult, legal matter entrusted to him, and his
or collaborate with a lawyer who is competent in negligence in connection therewith shall
that field; or render him liable.
3. Qollaborate with experts in scientific,
accounting, or other non-legal fields (ld. at 290- GENERAL RULE: The client isbound by his
291). A , counsel's conduct, negligence and mistake in
handling the case (FUNA, supra at 292).
RULE 18.02 - A lawyer shall not handle any REASON: Based on the principle that the any act
legal matter without adequate preparation. performed by a lawyer within the scope of his
general or impliedauthority is regarded as an act of
Concept of Adequate Preparation his client (ST! Drivers Association v. CA, G.R. No.
It includes among other virtues: (KAP) ~ ' 143196, November 26, 2002).
1. Sufficient flnowledge of the law and
jurisprudence; _ EXCEPTIONS: (DJ-GPL) .
- The full protection of the client's interests 1. Where adherence to the rule will result in
requires no less than a mastery of the applicable outright Qeprivation of the client's liberty or
law and facts involved in a case, regardless of property (Aguilar v. Court of Appeals, G.R. No.
the nature of the assignment. He must keep 114282, November 28, 1995);
constantly abreast of the latest jurisprudence 2. Where the interests of gustice require as when
and developments in all branches of the law the error committed’ by counsel is purely
(AGPALO, supra at 221). - technical in nature which does not affect
substantially the client's cause and provided it
2. Ability in trial technique; and does not appear to have impaired substantial
- A iawyer. may display his (adequate rights (ld.); .
preparation in his trial technique through I"llS skill 3. Where reckless or Qross negligence of counsel
in interviewing witnesses, and -his actions in deprives the client of due process of law (Palma
case of conflict in trial dates (Id. at 225-226). v. Petron Corporation, G.R. No. 231826,
September 16, 2020); - »
3. High Proficiency in the formulitiml Of 4. Where an unsuccessful party has been
Prevented from fully and fairly presenting his
pleadings (PINEDA, supra at 291-2'92). case as a result of his lawyer's professional
- - A lawyer's pleading, aside from its legal delinquency or infidelity (Lao v. CA, G.R. No.
function, shows the extent of_ his study and
82808, July 11, 1991); and ‘
preparation, articulates his ideas as an officer of 5. -in Labor Cases, where the laborers have
the court, mirrors his personality and reflects his otherwise meritorious claims and they have
conduct and attitude toward the court, the been deprived a full hearing on the merits of their
LEGAL ETHICS
- timel file a ,formal offer of ‘exhibits

claim because of their lawyer's Pack of
acquaintance with technical part of the Egggfiseus lawysr believes that_the exhibits were
procedure (Emesto v. CA, G.R. No. L-52178. fabricated and that he was hoping I031 the Same
September 28, 1982). would be refused admission b_Y "19 RTC Yves
improper because if he truly believed the exhibits
Requisites of Gross Negligence: (JuDeN) were fabricate d . then he had the option to Wllhdraw
h . A lawyer must not forget that he shall
1. The counsel has been grossly negligent I0 from‘tne lecta legal matter en trusted
8 case _ to him, and, his_
J_ustify a new trial; no I. g ce in connection therewith shall render him
2. The client has good and meritorious Defense; II:§l£)Jlilage('.19ps. Warriner v. Dublin. A.C. No. 5239,
and November 18, 2013). .
3. The client is Not himself guilty of _grO$$
negligence (Amil v. CA, G.R. No. 125272. i
October 7, 1999). Pressure and large volume of legal work Provide no r‘
E
excuse for the respondent's inability to exercise due i
"
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
(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
3- The adverse party who has been forced to Form of Compromise w

"l'9_ate as a defendant by the unauthorized in the absence of statutory requirement. no
action on the part of the attorney for the plaintiff particular form of agreement is essential to the
may, on that ground, move for the dismissal of validity of a compromise (Cadano v. Cadano, G.R_
the complaint (Lim Siok Huey v. Lapiz, G.R. No. No. L-34998, January 11. 1973)-
L-12289, May 28, 1958);
4. if unauthorized appearance is willful, attorney Vaiidity of a Compromise Effected by an
may be cited for contempt as an officer of the Attorney _ _ _
court who has misbehaved in his official Either of the following is essential for the validity of a
transactions, (RULES OF COURT. Rule 138. compromise effected by an attomey:
Sec. 21); and 1. Special authority _ _
5. The laviryer may be disciplined for professional
- The special authority need not be in writing_
misconduct (Monzon v. Reyes, A.C. No. 1056,
although it is not only wise but prudent as well to
secure a written authority.
October 27, 1975).
Effect of Want of Special Authority;
Ratification of Unauthorized Appearance
1. Express
Settlement is merely unenforceable and not null
- Categorical assertion by client that he has and void ab lnitio. '
authorized a lawyer or that he confirms his
authorization to represent him in the case (LBP 2. Subsequent ratification on the part of a client
v. Pamintuan, G.R. No. 167886, October 25, . (AGPALO, supra at 340-343). .
2005).
Authority to Appeal
A lawyer has no right to waive the appeal without the
2. implied ‘
- Where a party, with knowledge of thé fact _ _ latter's knowledge and consent (Abay v. Montesino,
that a lawyer has been representing him in a A.C. No. 5718, December 4, 2003).
case, accepts benefits of representation or fails Even if a lawyer believes that the appeal of his client
to promptly repudiate the assumed authority is frivolous, he cannot move to dismiss the appeal
(ld.). , without the consent of his client. His remedy is to
withdraw from the case (People v. Pajaro, G.R. No.
Requisites for implied Ratification by Silence: 930026-27, December 17, 1996).
(ACDG-AF) ' .
1. Party represented by lawyer must be of Age, Authorlty.to Dismiss a Case
Competent or if suffering from any Qisabiiity, has A lawyer had no authority to dismiss his client's case
a guardian or legal representative; with prejudice even if he does not believe that his
2. Party or guardian is Aware of attorney's client is entitled to prevail in the action (AGPALO,
representation; and supra at 346).
3. He fails to promptly repudiate assumed
authority (Lim Siok Huey v. Lapiz, G.R. No. L- REASON: A dismissal with prejudice operates as an
12289, May 28, 1958). adjudication of the action upon its merits and
precludes its refiling in court on the ground of res
Authority to Compromise judicata (ld.).
Compromise: _ An attorney has, however, the implied power to

A contract whereby the parties, by making reciprocal dismiss his client's case without prejudice (RULES
concessions, avoid litigation or put an end to one OF COURT, Rule 17, Sec. 1).
already commenced (CIVIL CODE, Art. 2028).
REASON: This is not a legal obstacle to the refiling
GENERAL RULE: The attomey has NO authority to of the case (AGPALO, supra at 346.).
compromise his client's case (RULES OF COURT,
Rule 138, Sec. 23). ATTORNEY’S FEES -»
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
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. A Qombination of the above Quantum Meruit ~-:. t~.a.

Literally, the term quantum meruit means “as much
arrangements or an entirely different\ as a lawyer deserves," its essential requisite is the
l
. 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
\ Reason for Prohibition: To prevent the lawyer irem

Contingent fee contracts are permitted in this acquiring an interest between him and his client (Id_)_
jurisdiction because they redound to the benefit of
the poor client and the lawyer especially in cases Such agreements are against public pqtjey _
where the client has meritorious cause of action, but especially where the attorney has 89l'°8.d 10 Carry oh
no means with which to pay for legal services unless the action at its own expense in consideration ht
he can, with the sanction of law, make a contract for some bargain to have part of the thing_in dl$pute_
a contingent fee to be paid out of the proceeds of The execution of these contracts violates the
litigation. Ottentimes, the contingent fee fiduciary relationship between the lawyer and hie
arrangement is the only means by which the poor client. for which the former must incur administrative
clients can have their rights vindicated and upheld. sanction (Nocom v. Camerino, G.R. No. 182984,
Further, such contracts are sanctioned by Canon 13 February 10. 2009).
of the Canons of Professional Ethics (Villarama v.
De Jesus. G.R. No. 217004,Apn'l17, 2017). To permit these arrangements is to enable the
lawyer to acquire additional stake in the outcome or
A contingent fee arrangement must be laid down in the action which might lead him to consider his own
an express contract. The amount of contingent fee recovery rather than that of his client or to accept a
agreed upon by the parties is subject to the settlement which might take care of his interest in the
stipulation that counsel will be paid for his legal verdict to the sacrifice of that of his client in violation .
services only if the suit or litigation prospers (Cortez of his duty of undivided fidelity to his client's cause ,
v. Atty. Cortes, A.C. No. 9119, March 12, 2018)._,,.. ~ (Roxas v. Repubic Real Estate Corporation, G.R. ¢
~.. \
No. 208205, June 1, 2016). . -
Instances when Contingent Fee Arrangements DISTINCTIONS BETWEEN .
Were Held Invalid: ' I CONTINGENT coii_Ta_A_c_T_Ai1o A
1. But when it is shown that a contract for a
contingent fee are obtained by undue influence
exercised by the attorney upon his client or by
any fraud or imposition, - or that the
compensation is clearly excessive, the Court
must and will protect the aggrieved party
(Tanhueco v. de Dumo, A.C. No. 1437, April 25, Contingent fee is Payable in kind ONLY
1989); and _ payable in cash
2. The contingent fee of 18% of the P214,000,000
claim of the Province ‘of Albay against the
National Power Corporation was found
excessive and unconscionable.‘ The Court found Lawyers do’ not Lawyers undertake to
that the counsel of record was tasked to file only ‘undertake to pay all pay all expenses of
one memorandum and that the professional expensesof litigation litigation
character and social standing of Atty. _Com@o
are not such as would merit a P38,500,000 fee
for the legal services rendered for the province
' P 1' ' '
(Salalima v. Guingona, G.R. No.. 117589, May Vaiid' Void r
12, 1996). (PINEDA, supra at 339-340).
Champertous Contracts RULE 20.02 - A lawyer shall, in case of
it is defined as a contract between a stranger and a referral, with the consent of the client, be
party to a lawsuit, whereby the stranger pursues the
party's claim in consideration of receiving part or any entitled to a division of fees in proportion to
of the proceeds recovered under the judgment the work performed and responsibility
(Canillo v. Angeles, A.C. No. 9899, September 4, assumed.
2018). '
The general nile is that when lawyers jointly
Champerty is any agreement by a lawyer to conduct represent a common client for a given fee without
the litigation in his own account, to pay the expenses any express agreement on how much each will
thereof or to save his client therefrom and to receive receive, they will share equally as they are
as his fee a portion of the proceeds of the judgment considered special partners for a special purpose
(Conjugal Partnership of the Sps. Cadavedo v. (PINEDA, supra at 345).
Lacaya, G.R. No. 173188, January 15, 2014).
_,-—-"*
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
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
of his professional fees and disbursements. 8 Passive Lien. Active Lien.

certain amount from out of the judgment Or it cannot be actively It can be enforced by
award rendered in favor of his client; ' enforced. lt is a general execution. It is a
4. §njoys preference of credit over that of a creditor lien. special lien.
V who subsequently recorded. it; and D
5. Gives the lawyer §tanding to protest its
prejudicial discontinuance ~ by the client
(AGPALO, supra at 457). Lawful possession of .
' papers, documents, and Securing - of a favorabler
Assignment of Charging Lien .. _ property belonging to the money. judgment
_ fo
client the client
GENERAL RULE: An attorney's charging lienimay
be assigned or transferred (AGPALO,"sup_ra. at 459). ve
‘ _ .
Covers
_. VI papersd' Covers all judgments
EXCEPTION: When the assignment willresult ina documents an for the payment of
breach of the attomey's duty to preserve his client's properties in the lawful money and execution
confidence (Id.). i i possession
" of 4 "th e ' ' in
' pursuance of
issued
attorney by reason of his such judgments
2. Retaining Lien ' - . . professional proceeds of judgment
it is a general lien for the balance due to the employment I . 9" in favor of client
- .
lawyer from his client for.sen/icesjrendered in proceeds
the matters which he may have handled ~.for the compromise
client, regardless of the "outcome. It is the right settlement. _
to retain the funds, documents, ‘and -papers as
against the client until the attomey is fully paid
his fees (ld. at 446-447). '- ~
tam,
As soon as the attorney As soon as the claim
Requisites for Enforceability. of Retaining gets possession of the for attomey's fees had.
Lien: (RUP) , . . ~ papers; documents, or been entered into the
" a. Attomey-client Relationship; ' property. . - ‘ records of the case. I
b. Qnsatisfied claim for attorney's fees: or
disbursements; and ~ otice
c. Lawful Eossession by the lawyer of the
client's funds, documents and papers in his Client need not be Notice must be served
professional capacity (AGPALO, supra at notified to make it .upon client and
447). - effective. adverse party.
Property to Which Retaining Lien Attaches ,
In general, the possessory or retaining lir s n
attomey attaches to all property, papers - * _=,, May be exercised before Generally, exercisable
' .
documents or securities of the client that laWfU||y judgment or execution or only when the attorney
come to the lawyer professionally or in the course of regardless thereof. had already secured 8
his professional employment (AGPALO, supra at favorable judgment for
448). his client.
Hence, the retaining lien does not attach to funds, it i :8 to Extinguishmentf H A
documents and papers, which come into the When possession When the client loses
lawyer's possession in some other capacity such as lawfully ends, as when the action as the lie"
an agent of the client's spouse, or as a mortgagee the lawyer voluntarily may only.be enforced‘
MEM/\€5~RY AID
5;-iBod|ll)rliV0fl|YYC°"Q.°7Llw~RQ¢j'gu°p°nm"c OH!!!
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
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
Causes for Termination of Attorney-Client

Relationship: (CT-WID5E) An attorney may retire at any time from any action or
1. Qonviction of a crime and imprisonment of $P9¢i_a| Dt0Ceeding, by the written consent of his
lawyer; client filed in court. He may also retire at any time
2. Full Iermination of the case; ' from an action or special proceeding, without the
3. Llithdrawal of lawyer under Rule 22.01 of CPR; consent of his client, should the court, on notice t0
4. jntervening capacity or incompetence of the the client and attorney, and on hearing, determine
client during the pendency of the case
—i|I"
MEMQRY AID
SI\BOdflUfWerityCoiIogoofL|lw-RGCTB.;Qp.mmn.c.m°'
that he ought to be allowed to reti RL/j_

COURT, Rule 138. Sec. 26, par. 1). re ( ES OF
Mental and Physical Inability of Counsel
Procedure for Withdrawal of Services by a If the disability is just temporary, the lawyer is not
Lawyer obliged to withdraw if during that period.
1. The lawyer must file a written motion and a copy postponement is still possible and allowable (Id. at
thereof served upon the adverse party with an 371). A -
express consent of his client..The court shall
then determine whether he ought to be allowed Acceptance of Incompatible Office
to retire (RULES OF COURT. RULE 138, Sec. A lawyer who accepts public office, ceases, by
26) operation of law, to engage in private law practice
and becomes disqualified from continuing to
represent a client in those cases which the law
A_copy of the motion shall be served upon his prohibits him from doing so or requires his entire
client and the adverse party at least 3 days time to be at the disposal of the govemment. His
before the set for hearing (Orcino v. Gaspar, qualification to public office operates to ruminate the
A.C. No. 3773, September 24, 1997). existing attorney-client relationship (Omico Mining 8.
Industrial Corp. v. Vallejos, G.R. No. L-38974, March
NOTE: The lawyer has no right to presume that his 25, 1975). .
petition for withdrawal will be granted by the court
(Orcino v. Gaspar, A.C. No. 3773, September 24, It is the duty of the laviryer to inform the court, if he is
1997). Until his withdrawal shall have been appointed to a position which prohibits practice of
approved, the lawyer remains counsel o'f record who law (PINEDA, supra at 273).
is expected by his client as well as by the court to do
what the interests of his client require. He must still Discharge of the Attomey by the Client
appear on the date of hearing for the attorney-client The rule in this jurisdiction is that the client has the
relation does not terminate formally until there is a absolute right to terminate the attorney-client
withdrawal of record (Saligumba v. Palanog, G.R. relation at anytime with or without cause (Orcino v.
No._ 143365, December 4, 2008). . Gaspar, 'A.C.'No. 3773, September 24, .1997).
2. He may also retire at any time from an action or Any act ofthe. client indicating an unmistakable
special proceeding, without the consent of his purpose to terminate the relation is sufficient
client, should thecourt, on notice to the client (AGPALO, supra at 371).
and the attorney, and on hearing, determine that
he ought to be allowed to retire (RULES OF While clients have the right to terminate their
COURT, RULE 138, Sec. 26). ‘ I relations with their counsel and make substitution or
change at any stage of the proceedings, the
GENERAL RULE: The withdrawal in writing of exercise of such right is subject to compliance with
lawyer as counsel for a party, with the client's the prescribed requirements. This rule is intended to
written conformity, does not require the ensure the" orderly disposition of cases, without it,
approval of the court to be effective ‘(Arambulo there will be confusion in the service of processes,
v. Court of Appeals, G.R. No. 105818, pleadings and other papers (Nacuray v. NLRC, G.R.
September 17, 1993) especially if the withdrawal No. 114924-27, March 18, 1997).
is accompanied by a formal appearance of a
new counsel (AGPALO, supra at 364). Termination of Counsel With Just Cause
Lawyer is not necessarily deprived of his rightto be
EXCEPTION: lf no new counsel has entered his paid for his services. He may only be deprived of
appearance, the court may, in order to prevent a such right if the cause for his dismissal constitutes in
denial of a party's right to the assistance of itself a sufficient legal obstacle to recovery
counsel require that the lawyer's withdrawal be (AGPALO, supra at 403).
held in abeyance until another lawyer shall have
appeared for the party (\/illasis v. Court of Termination of Counsel Without Just Cause
Appeals, G.R. No. L-34369, September 30, 1. No express written agreement as to fees -
1974). reasonable value of his services up to the date
of his dismissal (quantum meruit);
Inability of Lawyer to Work with Co-Counsel _ 2, There is written agreement and the fee
When each counsel takes diametrically opposing stipulated is absolute and reasonable — full
stance on substantial matters and which inharrnony payment of compensation;
is detrimental to the case, the lawyer whose 9i>irii0ri 3, The amount stipulated as contingent fee;
is noj sustained by the client may withdraw
(PINEDA, supra at 370).
LEGAL ETHICQ
4. Written Consent of the attorney to be substitujed

4. ll dismissed before the conclusion of the action (RULES OF COURT. Rule 138, Sec. 26)_
— reasonable value of his services (quantum
memit); and _
NOTE: Substitution, which does not comply wjjh an
5. if contingency occurs or client prevents Its
occurrence — full amount (AGPALO, supra at of the requirements, is defective (AGPALO, supra at
403). 372).
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 .
Duties of Lawyers in Case of Death of Parties

opposite party is concemed, the relation othenivise
continues until the end of the litigation (Tumbagahan Represented , ,
v. CA, G.R. No. L-32684,‘ September 20, 1988). Whenever a party to a pending case dies, becomes
incapacitated or incompetent, it shall be the duty oi
Change or Substitution of Counsel , v .- his attorney: , _
I ‘_l. To inform the court promptly of such death,
Ways of Changing Counsel in a Pending Case ._ incapacity or incompetency; and
1. Client's discharge of his attomey at any time with 2. To give the name and residence of his executor,
or without cause and thereafter employ another administrator, guardian or other legal
lawyer who may then enter his appearance; representative (RULES OF COURT, Rule 3,
2. The discharged attomey himself may initiate the Sec. 16).
move by withdrawing his appearance either with
the written consent of his client or with leave of REASON: The duty is imposed upon the attomey for
court on some justifiable ground; or the deceased party because he is in a better position
3. Substitution of counsel in the form of an than the counsel for the adverse party to ascertain
- application for that purpose (AGPALO, supra at who is the legal representative of the deceased or
381-383). incapacitated or incompetent client (Barrameda v.
Barbara, G.R. No. L-4227, January 28, 1952).
Requirements: (FACZ)
1. In case such written consent cannot be secured,
there must be filed with the application proof of
service of notice of the application upon the
attorney to be substituted;
2. Written Application for substitution;
3. Written Qonsent of the client; and
El‘- E5l‘ 3531?-<52in §
THE INTEGRATED BAR NATURE OF THE IBP
OF THE PHILIPPINES The Integrated Bar is strictly non-political and every
activity tending to impair this basic feature is strictly
prohibited and shall be penalized accordingly. No <t
lawyer holding an elective, judicial, quasi-judicial, or (5
prosecutory office in the government or any political i.u
integrated Bar of the Philippines (IBP) subdivision or instrumentality thereof shall be _i
eligible for election or appointment to any position in
Power to integrate the Bar the IBP or any chapter thereof (BY-LAWS OF THE
The Constitution vests u IBP, Art. I,- Sec. 4).
power to integrate the Plfiiiigpiitiiz %ni]<?hCtei:etrh'e
3" inherent Part Of the Court's consiitutionlsl A delegate, governor, officer or employee of the
a“"‘°'"Y °"°' the bar (1987 CONSTITUTIOI3'
ARTICLE VIII, Sec. 5, par. 5).
integrated Bar, or an officer or employee of any
Chapter thereof shall be considered ipso facto
resigned from his position as of the moment he files
Constitutionality of Bar Integration his certificate of candidacy for any elective public
integration does not make a lawyer a member of an office or accepts appointment to any judicial, quasi-
group of which he is not already a member HZ judicial, or prosecutory office in the government or
became a member of the Bar when he passed ihe any political subdivision or instrumentality thereof
Bar Examinations. All that integration actually does (BY-LAWSOF THE IBP, Art. VII). .
is to provide an official national organization for the
well-_defined but unorganized and incohesive group PURPOSES OF THE IBP
Of Which every lawyer is already a member (In re: 1. To assist in the administration ofjustice;
Edillon, A.M. No. 1928, August 3, 1978). ' 2. To foster and maintain on the part of its
members high ideals-of integrity, leaming,
The integrated Bar of the Philippines (IBP) is the professional competence, public service and
national organization of lawyers created on January conduct;'
16, 1973 under Rule 139-A of the Rulesof Court 3. To safeguard the professional interest of its
(also known as the Integration Rule) and constituted members;
into a body corporate by P.D. No. 181 on May 4, 4. To cultivate among its members a spirit of
1973 (THE INTEGRATED _BAR OF A THE cordiality and brotherhood;
PHILIPPINES BY-LAWS, (1974) Art. I, _v Sec. 1, 5. To provide a forum for the discussion of law,
[hereinafter BY-LA WS OF THE I_BP]). 3’, jurisprudence, law ‘reform, pleading, practice
and procedure, and the relations of the bar to the
The integration of the Philippine Bar means the bench and to the public, and publish information
official unification of the entire lawyer population of "b relating thereto;
the Philippines. The IBP requires membership and 6. To encourage and foster legal education; and
financial support in reasonable amountfrom every 7. To promote a continuing program of legal
attomey as condition sine qua non to the practice of research in substantive and adjective law and
law and the retention of the lawyer’s name in the Roll make reports and recommendationsthereon.
(IBP By-Laws, ARTICLE I, Sec. 2). »
of Attomeys (AGPALO, supra at 131). .
ORGANIZATIONAL STRUCTURE
IBP MEMBERS
1. National Officers (BY-LAWS OF THE IBP,
1. All lawyers whose names were in the Roll 0f
'
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
rotation basis. The govemors shall be ex officio Vice

Term: Two (2) years from July 1 following President for their respective regions.
their election up to June 30 of their second
year in office and until their successors shall The Secretafy and Treasurer as well as other
have been chosen and qualified (BY-LAWS officers and employees are appointed by the
OF THE IBP, Art. VII, Sec. 49) r President with the consent of the Board.
Other officers and employees as the Board may
b. Executive Vice President require shall be appointed by the President with the
. - Exercises the powers and perform the consent of the Board. Such officers and employees
functions and duties of the President during need not be members of the Integrated Bar (BY
the absence or inability of the latter to act, LAWS OF THE IBP, Art VII, Sec. 4710 48)
and shall perform such other functions and
duties as are assigned to him by the The IBP Board of Governors shall provide in the By
President and the Board of Govemors (BY- Laws for grievance procedure for the enforcement
LAWS OF THE IBP, Art. VII, Sec. 50). and maintenance of discipline among all members
of the IBP, but no action involving the suspension or
Term: 2 years from July 1 following their disbarment of a member of the removal of his name
election up to June 30 of their second year from the Roll of Attomeys shall be, effective without
in office and until their successors shall have the final approval of the Supreme Court
been chosen and qualified (BY-LAWS OF investigation by the Solicitor General_ is no longer
THE IBP, Art. VII, Sec.49) J~ . required (RULES OF COURT, Rule 139-A, Sec 12
I I 1 as amended by B.M. No. 1645, October 13 2015)
c. Board of Govemors (BY-LAWS OF:I.=‘I'HE 1 .\.i . .Y ' ~. it
IBP, Art. VII, Sec. 37 to 46)_ ‘- 2. I-_lour,s,_e of’D__elegates .
- Thedeliberative body of the integrated Bar
- The Boardconsists of nine Govemors is composedof. not more than 120 members
from the nine Regions. if"-the President ’ apportidnedfamorrg all chapters by _the Board of
and/or the Executive Vice President are 'l i Governors, in ‘proportion to the number of
chosen outside of the Govemors, they shall _- . members of each "‘chapter. Each chapter shall
ipso facto become members of the board. have at least one delegate (BY-LAWS OF THE
They are elected by the House of Delegates r _ IBP, Art. V, Sec._
and serve with tw;>yea_r*terms.,,_They take‘
charge in the affairs ofthe IBP ‘and, they are. its main'duty is to elect the members of the
assisted by the following_\-1; national ~ Board of GqveTiibrs. ltsresolutions, if concurred
committees: I I @3- ',‘iiji.;'by' the Board, bind the integrated Bar
i. Chapter Affairs; ~' ' , _j'¢*’_(A/GPALO, supra at 141).
ii. Legal Aid; - r ' it .. A
iii. Administration of Justice; “ e. ‘ fl.‘ Local Chapter Government l

iv. Legal Education and Bar Adf[lI'(SS‘IOn;
v. Professional Responsibility,‘ Discipline‘ -y A chapter of the Integrated Bar shall be
e..~._orga“nized in every province existing on the date
and Disbamient; I “‘ " -of ,effectivity of the Integration Rule It
vi. Research Services;
vii. Legislation; administers the affairs of the integrated Bar
viii. Public Services; within its territorial jurisdiction. This is under the
ix. Books and Publications; general supervision of the Board of Govemors
x. Unauthorized Practice of Law; (BY-LAWS OF THE IBP, Ant. ll/, Sec. 26)
xi. Law Reports; and
. XII. Budget Committee (AGPALO, supra at All of which are elected and has a term of tw0
139-140). (2) years from July 1 following their election UP
to June 30 of their 2nd year in office (BY LAW3
d. Secretary (BY-LAWS OF THE IBP, Art. VII, OF THE IBP, Art. IV, Sec. 26).
Sec. 50)
e. Treasurer (BY-LAWS OF THE IBP, Art. VII, MEMBER IN GOOD STANDING _
Sec. 50) » Every member who has paid all membership dues
and all authorized special assessment P|"5
Manner Of Election $l"°hal9e$ Owing thereon and is not under
The Integrated Bar of the Philippines shall have a suspension from the practice of law or fr0l"
President and Executive Vice President to be membership privileges (BY-LAWS OF THE IBP, Arl
chosen by the Board of Govemors from among nine II. Sec. 20).
(9) regional govemors, as much as practicable, on a
_f ~ __
iz is‘i-I<>15352§0
VOLUNTARY TERMINATION oi= IBP
I Center
Matter of the Petition for the Integration of the Bar of

MEMBERSHIP. HOW EFFECTED: ' the Philippines, A.C. 526, January 9, 1973).
1. Resignation No Exceptions to the Rule
- - Alli! member may voluntarily terminate his The payment of dues is a necessary consequence
membefshlp bit filing a verified notice to such of membership in the ‘IBP, of which no one is
effect with the Secretary of the IBP who shall exempt. This means that the compulsory nature of
bring the matter to the attention of the SC payment of dues subsists for as long as one's
FOFll1Wilh. he shall cease to be a member and membership in the IBP regardless of the lack of
his name shall be struck from the Roll of practice of, or the type of practice, the member is
Attorneys (BY-LAWS OF THE IBP, Art. II Sec engaged in (Letter of Atty. Arevalo, Jr. requesting
21); and _ ' ' exemption from payment of IBP dues, B.M. 1370,
May 9, 2005).
2. Retirement
' AW member in good standing who shall A lawyer is not exempted by reason of the following:
have attained the age of 75 years, or who shall 1. "Inactive practice of law by reason of
have been 40 years as lawyer shall, by reason employment abroad (Letter of Atty. Arevalo, Jr.
of physical disability or judicially adjudged requesting exemption from payment of IBP
mental incapacity, be unable to engage in the dues, B.M. 1370, May 9, 2005); and -
practice of law. may be retired upon verified 2. Senior citizenship (Santos v. Llamas, A. C. No.
petition to the Board of Governors. Retired 4749, January 20, 2000).
members shall not practice law or be required to
2:31 dues (BY-LA WS OF THE IBP, Art. II, Sec. EFFECT OF FAILURE TO PAY ANNUAL
MEMBERSHIP DUES TO THE IBP
Default in the payment of annual membership dues
MANDATORY MEMBERSHIP IN THE IBP for six (6) months shall warrant suspension of his
NOT VIOLATIVE OF FREEDOM -‘OF membership in the IBP and default in such payment
ASSOCIATION . for one (1) year shall be a ground for the removal of
his name from the Roll of Attomeys (RULES OF
Compulsory membership to the IBP does not violate
COURT, Rule 139-A, Sec. 10).
a lawyer's freedom of association. Integration does
not make a lawyer a member of any group_of which Wanton disregard of the lawful orders of the IBP
he is already a member.-He became a member of Commission on Bar Discipline is a ground for
the bar whe n he p assed the Bar Examinations . All suspension of a lai/vyer from the practice of law
that integration actually does is to provide an official_ (Toledo v. Abalos, A.C. Nof 5141, September 29,
national organization for the well-defined but 1 999).
unorganized and incohesive group of which every
lawyer is already a member (In Re: Edillon, A.M. No. A lawye-'r’s failure to submit his position paper without
1928, August 3, 1978). ‘ any valid explanation is enough reason to make him
administratively liable since he is duty-bound to
REINSTATEMENT W comply with all the lawful directives of the IBP, not
1. If resigned only because he is a member thereof, but more so
- written application for reinstatement with the because IBP is the Court-designated investigator of
Board of Governors, which within 15 days shall this case. As an officer of the Court, a lawyer is
be forwarded to the Supreme Court with their expected to know that a resolution of the Court is not
recommendation (BY-LAWS OF THE IBP, Art. a mere request but an order which should be
II, Sec. 21, par. (2)). complied with promptly and completely. This is also
true of the orders of the IBP (Tulio v. Buhangin, A. C.
2. If retired . No. 7110, April 20, 2016).
- written application to and approval by the
Board of Govemors (BY-LAWS OF THE IBP,
Art. II, Sec. 22, par. (2)). _
IBP DUES V. TAX

The compulsion to which he is subjected is the
payment of annual dues. For the court to prescribe
dues to be paid does not mean that the Court levies
a tax. A membership fee in the IBP is an exaction for
regulation, while the purpose of a tax is revenue
(Report of the Commission on Bar Integration, In the
\
LEGAL ETH|cg
Legal and Judicial Ethjcs
ll is not a civil action because’ there is neither a

SUSPENSION, plaintiff nor respondent. Public interest is iheir
DISBARMENT, AND primary objective and involves no private
interest. Hence, a real Piifly-in-interest is not
DISCIPLINE OF required and there is no redress for private
LAWYERS grievance (ld.). I
2. It may be initiated motu proprio by the

SC or the IBP _
POWER TO DISCIPLINE ERRANT - Proceedings for the disbarment ofmembers
LAWYERS - \ of the bar are not in any sense a civil action
where there is a plaintiff, and the respondent is
Practice o_f_la_w is not a natural or a defendant. The court may therefore act Upon
s utional right, but it is |l'l the nature of a pnvilege its own motion and thus be the initiator of the
‘1’$;‘)"°l;;$° ll" Re-' Sycip. _G.R. No.' x92-1, July so,
sus .d ence, membership to the Bar may be
proceedings. Obviously, the court may also
investigate into the conduct of its own officer;
Pen ed or removed from the lawyer for reasons for the protection of the general public and in
provided in the Rules, law and jurisprudence promote the purity of the administration ofjustice
(MARTIN, Legal and Judicial Ethics (1984) p. 389 (Borres v. Abe/a, G.R. No. 131023, July 17,
[hereinafter MARTIN, Ethics]). ' 2007).
NATURE AND CHARACTERISTICS OF 4
The complainant in disbarment cases is not a
DISCIPLINARY ACTIONS; 4 ‘AGAINST ldirect party to the case but a witness who
LAWYERS: 5 brought thematter to the attention of the Court
Flowing from its sui generis character, it is not
1. Sui Generis " - .. ' ' mandatory toliave a formal hearing in which the
- Disciplinary proceedings-._a_gainst:|awyer5 cor_nplainant,mi.ist adduce evidence. Hence, the
are sui generis. Neitherpurely civil npr purely complainant is not indispensable to the
cnminal, they do not involve a trial of anaction disciplinary proceedings, for what is important is
or a suit, but is rather ,_an_in_'vesligation by the whether, upon due investigation, the IBP Board
Court into the conduct of oneof its officers. Not of Govemorsfinds sufficient evidence of the
being intended to inflict. purilshment, it is in no respo_ndent’s misconduct to warrant the exercise
sense a criminal prosecution; Aigcordingly, there of4'ts'disciplifnary_powers (Ylaya v. Gacott, A.C.
is neither a plaintiff nor a prosecutor therein. It _§47.6,‘,Ianuary‘30, 2013). .
may be initiated by the Court motu proprio (Tan - 1
v. Alvarico, A.C. No. 10933, November 3, 2020). Anadmiriistrative proceeding for disbarment
. c . continues despite the deslstance of a
Public interest is its primary objective, and»th'e complainant, or failure of the complainant lo‘
real question for determination is whether or not prosecute the same, or in this case, the failure
the attorney is still a fit person to be allowed the ofrespondent to answer the charges against
privileges as such. Hence, in the exercise of its him despite numerous notices. (Aguirre v.
disciplinary powers, the Court merely calls upon Reyes, A.C. No. 4355, January 8, 2020)
a member of the Bar to account for his
actuations as an officer of the Court with the end 3. Disbarment proceedings are
in view of preserving the purity of the legal confidential
profession and the proper and honest - Disciplinary proceedingsiagainst a lawyer
administration of justice by purging the are private ~and confidential until its final
profession of members who by their misconduct determination (RULES OF COURT, RuIe_139-A,‘
have proved themselves no longer worthy to be Sec. 10). i
entrusted with the duties and responsibilities
pertaining to the office of an attorney. In such The Three-fold Purpose of Confidentiality:
posture, there can thus be no occasion to speak (PED)
of a complainant or a prosecutor (ld.). a. To Erotect the personal and professional
_ reputation of attorneys from baseless
It is not a criminal prosecution because they are charges of disgruntled, vindictive, and
not intended to inflict punishment. The real irresponsible persons or clients;
question for determination is whether or not the b. To Enable the court and the investigator l0
attorney is still a fit person to be allowed the make the investigation free from Bill
privileges as such (AGPALO, supra at 566). extraneous influence or interference alld
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
l
GROUNDS FOR SUSPENSION AND Writing Demand Letters to Enforce a Client's

DISBARMENT j Legal Claim Does Not Constitute Misconduct
Indeed, the writing of demand letters IS a standard
.1. Rule 138, Sec. 27 of the Rules of Court: practice and tradition in this jurisdiction. It is usually
(DM*C-GOW) C done by a lawyer pursuant to the principal—agent
a. Qeceit relationship that he has with his client, the principal.
A fraudulent . and ' deceptive Thus, in the performance of his role as agent, the
misrepresentation, artifice or device used by lawyer may be tasked to enforce his client's claim
one or more persons to deceive and trick and to take all the steps necessary to collect it, such
another, who is ignorant of the true facts, to as writing a letter of demand requiring payment
the prejudice and damage of the party upon within a specified period (Malvar v. Atty. Feir, A.C.
which it was imposed. There must be false No. 11871, March.5, 2018).
representation as a matter of fact (e.g.
misappropriation of client's fund) (Black
Law's Dictionary, Sixth Edition, p. 405). c. Conviction of a Crime Involving
Moral Turpitude
b. Malpractice or Other Gross Moral Turpitude
Misconduct in Office A Everything which is dome contrary tojustice,
i. Legal Malpractice ' modesty or good _ morals; an act of
Consists of failure of an attomey to use
baseness, vileness or depravity in private
such skill, prudence, and diligence as r and social duties which a man owes _his
\
', E,’ ;;fellowm'en or to society in general, contrary
lawyers of ordinary skill and capacity i
\~__‘ tojustice, honesty,modesty or good morals
commonly possess and exercise in the
performance of tasks which they (Soriano v. Dizon, A.C. No. 6792, January
undertake, and when such_, failure . 25,g0Q6). _
. ~\
proximately causes damage, -it gives
rise to an action in tort (Tan _Tek Beng v. The mere existence of criminal charges
David, A.C. No.1261_, December 21, against thelawyer cannot be a ground for
1983). ' ,.~" his disbarment or suspension (PINEDA,
.1 supra at(4,06):*=
ii. 'Gross Mlscohductf“ -N» 4
Any inexcusable, shameful, or_ flagrant d. Qorrupt or'Willful Appearance for a
unlawful conducti_*qff;tl_1e part ofthe ~~~ Client without Authority to do so
person concernediin the administration \\~(_RULESOF COURT, RUI9 138, S80. 27)
of justice which is prejudicial ;t'o the /i.
._\ . ' .
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
wncua' AC‘ N°- 9226. professlonor to lnjure it in the favorable opinion

of the public (Marcelo v. Javier, Sr., A.C. No._
Refusal to marry by a |a . 3248, September 18, 1992).
gorgupt nor unprincipled vgeriés vcgirasrit
is annent
1608' August(Arciga v. Maniwang.
14' 1981). ' A.C. No. 4. Misconduct Before or Incident to
Admission
A lawyer may be disbarred from
Respondent's act of having an affair with his misrepresentation of or false pretense relative to
client's wife manifested his disres the requirements for admission to practice. The
the laws on the sanctity of marriagepzgsqtj fact the he lacked any of the qualifications for
ow n mantal
' vow of fidelity.
- lt showed his membership in the bar at the time he took-his
utm°5t m°'a| depfavlty and low regard for oath is a ground for his disbarment (In Re: Diao,
the ethics of his profession. He also vio|aie¢ A.C. No. 244, March 29, 1963). '
the trust and confidence reposed on him by
the complainant, which in itself is prohibited (NOTE: Please see also discussion under Rule
under Canon 17 of the Code of Professional 7.01 on p. 28-29) i
Responsibility (Tiong v. Florendo, A.C. No.
4428, December 12, 2011). 5. Misconduct committed outside
Philippine jurisdiction
f. Violation of Qath of Office; and A Philippine lawyer_ may be admitted to_ the bar
in a foreign country. In such case, he may
g. flillful Disobedience of any Lawful practice law in both countries. If he commits
misconduct outside Philippine jurisdiction, which
Order of a Superior Court : is also a ground for disciplinary action under
Philippine law, he may be suspended or
2. Other Statutory Grounds: (BAR) i disbarredin this country (Velez v. de Vera, A.C.
a. §r_each of professional duty, inexcusable No. .6097, July 25, 2006).
negligence, or ignorance, or for the
revelation of the client's secrets (REVISED EFFECTS OF DISBARMENT OR
PENAL CODE, Art. 209); ‘ ' _ SUSPENSION IN A FOREIGN COUNTRY
b. Acquisition of an interest in the subject
matter of the litigation,‘ either through A foreign court's judgment ordering the suspension
purchase or assignment;(ClVIl__ CODE, Art. of a Filipino lawyer from the practice of law in that
1491); and " _ U f,_ foreign country doesnot automatically result in his
c.’ Representing conflicting A‘ interests suspension or disbarment in the Philippines. Under
(REVISED PENAL CODE, Art. 209). j Section 27 Rule 138 of the Revised ROC, the acts
which led to his suspension in said foreign country
The grounds for disbarment are not exclusive. A are mere grounds for disbarment or suspension in
this jurisdiction. Judgment of suspension against a
lawyer may be removed from office orsuspended Filipino lawyer may transmute into a similar
from the practice of law by the Court on grounds not judgmentof suspension in the Philippines only if the
found in the statute as when their acts are_'contrary basis of the foreign court's action includes any of the
to honesty or good morals or do not approximate the grounds for disbarment or suspension in this
highest degree of morality and integrity expected of jurisdiction (ld.). '_
the members of the bar (AGPALO, supra at 489-
490). - - The judgment ‘of said foreign court only constitutes
prima facie evidence of the lawyer's unethical acts
3. .Lawyer’s Misconduct in His Private as a lawyer. Due process demands that he be given
Capacity i _ the opportunity to defend himself and to present
GENERAL RULE: A lawyer may not be testimonial and documentary evidence on the matter
suspended or disbarred for misconduct in his in an investigation to be conducted in accordance
non-professional or private capacIW- with Rule 139-B of the Revised ROC (In re:
Suspension from the practice of law in the territory
EXCEPTION: If the misconduct is so grass as l° of Guam of Atty. Maquera, A.M. No. 793, July 30,
show him to be wangng indmgfal ;=:r?::¢tec:; 2004).
honesty, probity, an 90° em '
unworthy to continue as an officer of the court.
or an unfit or unsafe person_t0 601°)! the
privileges and to manage the business of others
in the capacity .of an attorney, or for conduct
which tends to bring reproach °" ‘he 'e9a'
L
. 5
LEGAL ETHICS
SUSPENSION AND DISBARMENT OF Substantial Evidence

LAWYERS HOLDING GOVERNMENT Substantial evidence, which is more than a mere
scintilla, but is such relevant evidence as a
OFFICES reasonable mind might accept as adequate to
GENERAL RULE: A lawyer who holds a support a conclusion, would suffice to hold one
govemment office may not be disciplined as a administratively liable (Reyes v. Nieva, A.C. No.
member of the Bar for misconduct in the discharge 8560, September 6, 2016).
of his duties as a government official (Gonzales-
Austna v. Abaya, A.M. No. R-705-RTJ, August 23, Complainant cannot simply rely on speculations and
1989). suspicions, no matter how deep-seated, without
evidence to support the same. In Osop vs.
EXCEPTION: If the misconduct of a government Fontanilla, charges meriting disciplinary action
official is of such a character as to affect his against a lawyer generally involve the motives that
qualification as a lawyer or to show moral induced him to commit the act charged and that, to
delinquency, then he may be disciplined as a justify disbarment or suspension, the case against
member of the Bar upon such ground (Gonzales- the lawyer must be clear and free from doubt, not
Austria v. Abaya, A.M. No. R-705-RTJ, August 23, only as to the act charged but as to his motive
1989). (Santiago v. Atty. Santiago and Atty. Tolentino, A.C.
No. 3921, June 11, 2018). .
EXCEPTION TO THE EXCEPTION: The exception
does not apply to impeachable officials because PROCEDURE FOR THE DISBARMENT,
they can only be removed by impeachment (i.e.
Members of the Supreme Court, the Ombudsman SUSPENSION AND DISCIPLINE OF
and his deputies, a majority of the members of the LAWYERS
Commission on Elections, and the members of the Offices Authorized to Investigate Disbarment
Commission on Audit who are not certified public Cases: 7\ ,_
accountants, all of whom fare constitutionally 1.- Sup'reme'Court;and -
required to be members of the Philippine Bar, may 2. IBP lhroughits Commission on Bar Discipline or
be removed from office by impeachment for and authorized investigators (RULES OF COURT.
conviction of certain offenses listed in Article Xl (2) ' "Rule 139-B, _S_ec. 1).
of the Constitution (Cuenco v.'Feman, A.M. No.
3135, February 17, 1988). __ . I y i . NOTE: Referral to the Office of the Solicitor general
has been amended and replaced by the referral of
APPLICABILITY OF PRESUMPTION OF the case to the Office of the Bar Confidant (B.M. No.
INNOCENCE . .- 1645, October 21, 2015).
ln suspension or disbarment proceedings against
lawyers, the lawyer enjoys the presumption of How instituted
innocence, and the burden of proof rests upon the Proceedings for the disbarment, suspension, Of
complainant to prove the allegations in his discipline of attomeys may be taken:
complaint (Aba v. De Guzman, Jr., et. al, A;C/.~ No. _1._ _ By the SC motu proprio;
7649, December 14, 2011). j -‘ 2. fUpon the filing of a verified complaint of any
' person before the Supreme Court or the
Integrated Bar of the Philippines (Bar Matter N0-
QUANTUM OF PROOF: SUBSTANTIAL 1645, Re: Amendment of Rule 139-B, Octobef
EVIDENCE 13, 2015).
The Court recognized the divergent rulings with
regard to the standard of proof required in Proceeding in the Supreme Court
administrative cases against lawyers. But the Court In proceedings initiated by the Supreme Court, Or i"
finally wrote finis to the issue of determining the other proceedings when the interest of justice 5°
quantum of proof in administrative cases in Reyes v. requires, the Supreme Court may refer the case I°'
Nieva (A.C. No. 8560, September 6, 2016). After investigation to the: '
perusing through the Court's history of cases, the SC 1. Office of the Bar Confidant;
clarified that the evidentiary threshold of substantial 2. Any officer of the Supreme Court; or _
evidence — as opposed to preponderance of 3. Judge of a lower court (Bar Matter No. 1645, R9-
evidence — is more in keeping with the primordial Amendment of Rule 139-B, Sec. 13, October 13'
purpose of and essential consideration attending 2015).
this type of cases (Cristobal v. Cristobal, A.C. No.
12702, November 10, 2020).
if-7
1""
MEM/QRY AID
5‘-\BQ@U1VIUKyCO“@OfI.lW-RGCT5QrOpQr\fl°n.c.mM
NOTE: The review of the report of investigation sha"

be conducted directly by the Supreme Qourr The (B.M. 1960, amending Sec. 1, Rule 139-B of the
complaint may also be referred to the IBP for RULES OF COURT).
investigation, report, and recommendation (ld.).
A complaint-for disciplinary action must allege
Rgfgrral to the IBP May Be Dispensed with specific facts which constitute particular breachles
The administrative complaints against attorneys are or violation/s of law or Code of Professional
generally not dismissed outright but are instead Responsibility or legal ethics that due process so
referred for investigation, report and requires (AGPALO, supra at 571). .
recommendation either to the: (1) IBP, (2) OBC, (3)
any office of the Court, or (4) a judge of a lower court, In the absence of such specification, the complaint
Whenever the referral is made by the Court, the IBP, must fail (Uy v. Gonzales, A.C. No. 5280, March 30,
the OBC or other authorized office of individual must 2004).
conduct the formal investigation of the administrative Procedural Steps for Disbarment in the IBP:
complaint (MENDOZA-ARCEGA & DECHA VEZ (ASF-OSR) ' ‘
supra at 466). and this investigation is a mand a tory' 1. The Board of Govemors shall Appoint from
requirement that cannot be dispensed with except among the IBP members an.investigator or
for valid and compelling reasons because it serves when special circumstances so warrant, a panel
the purpose of threshing out all the factual issues of three (3) investigators to investigate the
that no cursory evaluation of the pleadings can complaint (RULES OF COURT, Rule 139-B,
determine (Tabang v. Gacott, A.C. No. 6490, Sec. 2). .
September 29, 2004). 2. If the complaint appears to be meritorious, the
respondent shall be §erved with a copyi
The IBP Board of Governors may Initiate and requiring him to answer within fifteen (15) days
Prosecute Proper Charges Against Erring from service (RULES OF COURT, Rule 139-B,_
Attorneys Including Those in Government Sec. 5). .
Service: 3. The respondent shall Elle with the investigator a
1. Motu proprio; verified answer containing the original and five
2. Upon referral by the SC; ~ (5) legible copies (RULES OF COURT, Rule
. Upon referral by a chapter board of officers; or 139-B,,Sec. 6).
->00. At the instance of any person (RULES OF
COURT, Rule 139-B, Sec. 1). After receipt of the answer or lapse of the period
to do so, the SC may, motu proprio or at the
However, that all charges against Justicesof the _ recommendation of the IBP Board of Govemors,
Court of Appeals and the Sandiganbayan, and suspend an attomey from practice, for any of the
Judges of the Court of Tax Appeals-and lower- causes under Rule 138, _Sec. 27, during the
courts, even if lawyers are jointly charged with them, pendency of the investigation (RULES OF
shall be filed with the Supreme Court (RULES OF COURT, Rule 139-B, Sec. 15).
COURT, Rule 139-B, Sec. 1). ' -
4. Upon joinder of issues or failure to answer, the
Provided, further, that charges filed against Justices respondent shall be given full Qpportunity to
and Judges before the IBP, including those filed prior defend himself. But if the respondent fails to
to their appointment in the Judiciary, shall appear to defend himself in spite of notice, the
immediately be forwarded to the Supreme Court for investigator may proceed ex - parte. The
disposition and adjudication (B.M. 1960, amending investigation shall be terminated within three (3)
Sec. 1, Rule 139-B of the RULES OF COURT) (See months from commencement, unless extended
table provided hereunder for reference). for good cause by the Board of Governors upon
prior application (RULES OF COURT, Rule 139-
The Complaint Must Be: (VFA6) B, Sec. 8).
1. Verified; . 5. The Investigator shall §ubmit a report to the
2. The facts complained of must be stated clearly Board of Governors not later than thirty (30)
and concisely; _ days from tennination of the investigation which
3. Supported by Affidavits of persons having report shall contain his findings of fact and
personal knowledge of the facts therein alleged. recommendations together with the
or by such documents as may substantiate it; stenographic notes and all the evidence
and presented during the investigation (RULES OF
4. Six (§) copies shall be filed with the Secretary of COURT, Rule 139-B, Sec. 10).
the IBP or of any of its Chapters whoshall 6. The ‘Board of Govemors shall have the power to
forthwith transmit the same to the IBP Board Of Review the decision of the investigator. After its
Govemors for assignment‘ to an investi9at°T review, the Board, by a vote of majority of its
L
-
LEGAL ETHICS
W
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
Motion for Reconsideration of the IBP Decision

Shall be afforded to the Parties: .
1. The IBP must first afford a chance to either party
to file a motion for reconsideration‘ ofthe-IBP P_10,000,j or _less P10,000 or more
resolution containing its -findings Jand
recommendations within fifteen (15) daysfrom‘ I —\
notice of receipt by the parties thereon; , - \
2. if a motion for reconsideration fias'”been timely

filed by an aggrieved party, the /IBP must first If the suspension does lf the suspension
resolve the same priorto elevating to the SC_the not exceed one year._or exceeds one year or
subject resolution togetherwith the whole record the fine does not exceed the fine exceeds
ofthe case; “ 6 -, . P10.ooo . P10,000
3. If no motion for reconsideratloh hasbeen filed
within the period provided tor. the IBP ishdireeted
to forthwith transmit to the SC.-gfor fi_nal.action, Two or more Suspensions T I
the subject resolution together '\yith the whole
record of the case; and - -. ' ' Service will_- be successive, not simultaneous '
4. A party desiring to appeal from the resolution of (Investment and Management Sen/ices Corp v.
the IBP may file a petition for review befgre the ‘ROXGS. A.C. N0. 1417, April 17, 1996). .
Supreme Court within 15 days from/notice of
said resolution sought to be reviewed ' < . , Nod decisio_n- of the IBP may become final and
5. For records of cases already transmitted to the 'exéciItoryTsimply with the lapse of the fifteen (15)
SC where there exist pending motions for .4 r dayperiod under Sec. 12, even if there is no petition
reconsideration filed in due time before the IBP,
the latter is directed to withdraw from the SC the filed with this Court assailing the decision. Such
subject resolutions together with the whole decision takes effect only upon its affinnation of
records of the cases, within 30 days from notice, modification by the Court, 'or as ordained by the
and , thereafter, to act on said motions with Court. This is so because the inherent power t0
reasonable dispatch (Ramientas v. Reyala, A.C. discipline members of the bar belongs to the Court.
No. 7055, July 31, 2006). not the IBP. It is, in fact, a matter of routine, that even
decisions of the IBP Board of Govemor imposing
Although Rule 139-B, Sec. 12 (c) makes no sanctions less than suspension or disbarment are
mention of a motion for reconsideration, nothing automatically elevated to the Court for review. There
in its text or in its history suggests that such is no need for a petition filed with the Court within
motion is prohibited. Indeed, the filing of such ririeeh (15) days from notice in order that the Cw"
motion should be encouraged before resort is
may acquire jurisdiction over the matter (Maronilla V-
Jorda. A.C. No. 6973, March 12, 2007). -
made to this Court as a matter of exhaustion of
administrative remedies, to afford the agency Availment of Motion for Reconsideration
rendering the judgment an opportunity to correct The IBP must first afford a chance to either pally l°
any error it may have committed through a file a motion for reconsideration of the IBP resolutinn
misapprehension of facts or mlsappreclation of containing its findings and recommendations within
*-' i i
l
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
Effects of Executive Pardon: the dismissal of the administrative case (Tiania v,

1. If granted AFTER the disbarment case Ocampo, A.C. No. 2285, August 12, 1991).
The lawyer disbarred due to conviction for a
crime is not automatically reinstated to the REASONS:
practice of law upon being pardoned by the 1. The Court's disciplinary authority .is not
president. To be reinstated, there is still a need dependent on or cannot be frustrated by'the
for the filing of an appropriate petition with the private arrangements entered into by; the
Supreme Court (PINEDA, supra at 446-448). parties; otherwise, the prompt and fair
administration of justice, as well as the discipline
2. If granted PRIOR to the disbarment case of court personnel, will be undermined.
Absolute pardon operates to wipe out the 2. Public interest is at stake in the conduct and
conviction and is a bar to any proceeding for the actuations of the officials and employees of the
disbarment of the attomey (ld.). Judiciary. Accordingly, the efforts of the Court in
improving the delivery of justice to the people
NOTE: However, a lawyer may be disciplined even should not be frustrated and put to naught by
for non-professional misconduct, one may argue any private arrangements between the parties.
that a lawyer convicted of a crime involving moral 3. The Court's interest in the affairs of the Judiciary
turpitude, and subsequently receives absolute is a paramount concern that bows to no limits
pardon, may still be proceeded against under the (Reas v. Relaclon, A.M. No. P-05-
Code of Professional Responsibility even if the acts 2095, February 9, 2011). ' l
of which he was found guilty did not involve
professional misconduct. The ground for the petition EXCEPTION: When as a consequence of the
- for disciplinary action under the Code must, withdrawal or deslstance, no evidence is adduced to
however, not be founded alone on the conviction but prove the charges (Banaag v. Salindong, A.C. No.
must be based on the acts committedyby the lawyer 1563, February 20, 1984).
which rendered him morally unfit to b'e,a member of
the bar (AGUIRRE, Legal and Judicial Ethics: A Pre-
week Reviewer, (2006)). r
EFFECTS OF DEATH OF LAWYER
DURING PENDENCY OF DISCIPLINARY
l
Conditional Pardon . AGTION AGAINST HIM
Conditional pardon or the remission of the unexpired Death renders action moot and academic, but _the l
portion of the sentence does not operate as a bar to court may still resolve the case on its merit in order l
disbarment proceedings. The disciplinary action will to clear publicly the name of the lawyer (Yap v.
be judged upon the act of conviction without regard Somera, AC. No.’ 2093, June 22, 1984).
to the conditional pardon extended to respondent
(AGPALO, supra at 581). ' e
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 \
of its undesirable members in order to protect the

public and the court (Ventura v. Samson, A.C. No.
9608, November 27, 2012).
REASON: A disbarment case is not an investigation

into the acts of respondent but on his conduct as an
officer of the court and his fitness to continue as a
member of the Bar (Ventura v. Samson, A.C. No.
9608, November 27, 2012).
Effect of Compromise Agreements
The compromise agreement. between complainant
and respondent, or the fact that complainant already
forgave respondent, does not necessarily warrant
f
$2“ 55§',<>~ E352i0 5 E’
FLOWCHART FOR DISBARMENT AND DISCIPLINE OF ATTORNEYS

' (Rule 139-B of The Rules of Court as Amended by B. M. No. 164.5)
Flllng of a verified complaint

with the SC OR IBP (RULES OF
COURT, Rule 139-B, Sec. 1)
Motu Proprlo by the SC
(RULES OF COURT. Rule
139-B, Sec. 1)
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).
V I NOTE: In proceedings initiated by the

lf complaint is lf the case is found to Supreme Court, or in other
meritorious, direct be unmeritorious, the proceedings when the interest ofjustice
defendant to answer case shall be dismissed .
withlN 15 days (RULES (ld.) so requires, the Supreme Court may
OF COURT Rule 139-B Zi-i refer the case for investigation to the:
Sec. 5) 1. Office of the Bar Confidant;
2. Any officer of the Supreme Court; or
3. Judge of a lower court (Bar Matter
Filing and Service of the 2No. 1645, Re: Amendment of Rule
verified answer (RULES 139-B, Sec. 13, October 13, 2015).
OF COURT Rule 139-B
__v
890.6)
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
RULES OF PROCEDURE OF THE COMMISSION ON BAR DISCIPLINE OF THE IBP,

A$ CLARIFIED BY B.M. 1755
Filing of verified complaint with IBP
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 _
Assignment of the Investigating

Commissioner (IC) by raffle (Rule IV, Sec. 2)
¢ _
l
Upon Mandatory Conference
agreement of immediately upon receipt
the parties or of verified answer:
upon motions (Rule V} Sec. 1) _ » I
based .on
meritorious
grounds, upon
endorsement
of the Board of Submission of verified
Govemors, IC position papers with a non-
may refer to extendible period often (10)
the Chapter days from ‘ notice of
President termination of the 1
concemed the mandatory . conference
"i reception of (Rule V, Sec. 6) -'
evidence.
(Rule I_V, _Ssc.
4) -
I» immediately I‘ alter ~
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)
Submission or report and

em recommendation of IC to the
Board within thirty (30)
calendar days from date of
order submitting case for
decorum (Rule V, Sec 7)
Reviewl Decision by the

Board
El5-3,i‘,/35-< 2I0 §
§' 3 2'
READMISSION T O 3 There must be a showing of Promise, as well as
D potential for public service; ahd
BAR 4. There must be Qther relevant factors and
circumstances that may justify clemency (Re: In
the Matter of the Petition for Reinstatement of <
Rolando S. Torres as a Member of the Philippine 0
Reinstatement I Bar, A.C. No. 5161; August 25, 2015). I.|.l
The readmission
_ to
_ membershi p in
' the Bar and the _i
restoration to a disbarred lawyer of the privilege to CONDITIONS
practice law (PINEDA, supra at 443). The Supreme Court "may also require special
The SC has the exclusive authority to reinstate a conditions to be fulfilled by the applicant, in addition
disbarred o r 'indefinitely
' to the latter's required rehabilitation. Such special
suspended lawyer to the conditions may include enrolling in and passing the
ofiice of attorney-at-law. its authority stems from its required fourth year review classes in a recognized
constitutional prerogative to issue rules and law school (PINEDA, supra at 445-446).
regulations conceming the admission of to the
practice of law (AGPALO,.supra at 593). Prior to actual reinstatement, the applicant will be
required to take anew the lawyer's oath and sign
PURPOSE: To determine whether the applicant has once again the Roll of Attomeys after paying the
satisfied and convinced the Court by positive requisite fees (FUNA, supra at 429).
evidence that the effort he has made toward the
rehabilitation of his character has been
successful
-and, therefore, he is e n titl ed to be re-admitted
' to a
EFFECTS: '
profession which is intrinsically an office of trust (In 1. Recognition of moral rehabilitation and mental
Re: Rusiana, A.C. No. 270, March 29, 1974). fitness to practice law;
2. Lawyer shall be subject to same law, rules, and
The “positive evidence" required refers to proofs of I regulations as those applicable to any other
honesty, integrity and good moral character through lawyer; and
written testimonials of credible institutions and 3. ' Lawyer [nust comply with the conditions
personalities (FUNA, supra at 429). ' _ imposed onhis readmission (AGPALO, supra at
596).
CRITERIA: (AZTGIF-M) » ' LIFTING OF THE ORDER OF

1. _ppreciation
A
dereliction;
of the significance
'" - i
of his SUSPENSION
2. Assurance to the court that he now possesses Guidelines to be observed in the matter of the lifting:
of an order suspending a lawyer from the practice of
the requisite probity and integrity necessary to law:
guarantee his worthiness to be restoredto the 1. After finding that respondent lawyer must be
practice of law;' ‘ ' suspended from the practice of law, the Court
3. Iime elapsed between disbarment ‘arid shall render a decision imposing the penalty;
application for reinstatement; l 2. Unless the Court‘ explicitly states that the
4. §ood conduct and honorable dealing decision is immediately executory upon receipt
subsequent- to his disbarment; _ thereof, respondent has fifteen (15) days within
5. Active involvement in civil, educational, and which to file a motion for reconsideration
religious organizations; thereof. The denial of said motion shall render
6. favorable indorsement of IBP as well as local the decision final and executory;
govemment officials and citizens Of his 3. Upon the expiration of the period of suspension,
community; and respondent shall file a sworn statement with the
7. Pleas of his Mother and wife for the sake and Court, through the Office of the Bar Confidant,
fortune of his family (Tan v. Sabandal, B.M. stating therein that he or she has desisted from
No.44, February 10, 1989). the practice of law and has not appeared in any
court during the period of his or her suspension;
_GUlDELlNES: (RAPO) . 4. Copies of the sworn statement shall be
1. There must be’ proof Of B.em°'5e a"d furnished to the Local Chapter of the IBP and to
reformation; _ _ the Executive Judge of the courts where
2. ‘ The Age of the person askingfor clemency must (respondent has pending cases handled by him
show that he still has productive lI9a'_$.ahea_d °f or her, and/or where he or she has appearedas
him that can be put to 9°°d use by 9"""9 mm a counsel; '
chance to redeem himself
L
*
LEGAL 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 1. The non-compliant member shall receive a

Notice of Non-Compliance; and
2. He shall be given 60 days from the date of
notification to file a response clarifying the
,
Board to Indicate in All Pleadings Filed with the
Courts the Counsel's MCLE Certificate of
Compliance or Certificate of Exemption, as
amended, January 14, 2014). V
deficiency or otherwise showing compliance
with the requirements (B.M. No. 850, Rule 12,
Sec. 2).
l y NOTARIAL PRACTICE
Consequences of Non-Compliance: (FAD)
l 1. The member concerned shall pay, a non-
compliance §ee;'
2. His membership fee shall continue to Accrue at GOVERNING LAWS AND RULES:
active rate during the period of delinquency; and Substantive — E.O. 292 (The Revised Administrative
3. He shall be listed as Qelinquent member of the Code, Title IV, Chapter ll Sections 231 to 252).
IBP upon the recommendation of the MCLE Procedural - 2004 Rules on Notarial Practioe (as
Committee (BM; No. 850, Rule 13). I amended by A.M. No. 02-8-13-SC dated Febmary
19, 2008).
NOTE: The listing as a delinquent 'member_is
‘administrative in nature but shall be made with NOTARY PUBLIC
notice and hearing by the Committeeon MCLE. 1. Any person commissionedto perform official
acts under these Rules (A.M. No. 02-8-13-SC,
REINSTATEMENT '~ A Sec. 9). Y
2. One appointed by the court whose duty is to
The involuntary listing as a delinquent member shall attest to the genuineness of any deed or writing
be terminated when the member PTOVIUGS‘ proof of in order to render them available as evidence of
compliance with the MCLE requirement, including facts stated therein and who is authorized by
the payment of non-compliance fee (B.M. No. 850, statute to administer various oaths (E.O. No.
Rule 14). 292, Sec. 41, as amended by R.A. 6733, Sec.
2).
B.M. No. 1922 requires practicing members of the
bar to indicate in all pleadings filed before the COUl't$ NOTARIAL ACT AND NOTARIZATION
or quasi-judicial bodies, the number and_date Of
issue of their MCLE Certificate of Compliance or Refer to any act that a notary public is empowered
Certificate of Exemption, as may be _8PP|'°ab|e-_ f°' to perform under these Rules (2004 RULES ON
the immediately preceding °°"'lP|'a"°‘_3 PeT'°d' NOTARIAL PRACTICE, A.M. No. 02-8-13-SC, July
F
l Failure to disclose the required informatleh W°U|d

subject the counsel to appropriate Pfihalty and
disciplinary action (B.M. No. 1922, as amended,
r 6, 2004).
Notarization is not an empty, meaningless, routinary

act. It is invested with substantive public interest,
January 14, 2014). It would also cause the dismissal
of the case and the expunction of the P|eadl"9$ f'°"‘ such that only those who are qualified or authorized
the records. (Bumactao v. _Fano, A.C. N0- 19235 may act as notaries public (Nunga v. Viray, A.C. No.
\*'~Y\'2C1.-I (Notice), April 7, 2014) 4758. April 30, 1999).
L
LEGAL ETHICS
Legal and Judicial Ethics-
EFFECT oi= NOTARIZATION FORM or THE PETITION (AND

Notarization converts a private document into a SUPPORTING DOCUMENTS:
public document, making it admissible in evidence (WVER-CPPQ)
without further proof of its authenticity (Gonzales v. 11 In !lI_riting;_
Ramos, A.C. No. 6649, June 21, 2005). 2. \gified; and
3. Include the following: '
The 2004 Rules on Notarial Law contains no a. Qertification of good moral character of the
provision declaring the inadmissibility of documents petitioner by at least two (2) executive
obtained in violation thereof (De Jesus v. Malit, A.C. officers of the local chapter of the Integrated
64 70, July 8, 2014). A Bar of the Philippines where he is applying
for commission; .
QUALIFICATIONS OF NOTARY PUBLIC b. Proof of Payment for the filing of the petition
To be eligible for commissioning as notary public, as required by these Rules;
the petitioner must possess the following: (CARGC) c. Three (3) passport-size color Photographs
‘1. Must be a Qitizen of the Philippines; with light background taken within thirty (30)
2. Must be over 21 ‘years of Age; days of the application. The photograph‘
3. Must be a Resident in the Philippines for at least should not be retouched. The petitioner shall
1 year and maintains a regular place of work or sign his name at the bottom part of the
business in the city or province where the photographs; and
commission is to be issued; _ d. Statement containing the petitioners
4. Must be a member of the Philippine Bar in §_ood . t personal Qualifications, including the
standing with clearances from the Office of the .‘»
1'
9 petitioner's date of birth, residence.
Bar Confidant of the SC and the IBP; and I -telephone number, professional tax receipt.
5. Must not have been Qonvicted in the first - ‘ roll of attomey's number and IBP
instance of any crime involving moral turpitude membershipnumber (A.M. No. 02-8-'13-SC,
(A.M. No. 02-08-13-SC, RUl=Elll, Sec. 1). * Rulelll, Sec. -2). ~
x ..
. V . -
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 is»§utficient 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).
NOTE: Clerks of Courts of various Regional Trial Notice of Summary Hearing

Courts are also authorized to notarize not only . Published in a newspaper of general circulation
documents relating to-their official functions, but also in the city or province where the hearing shall be
conducted; and
Pnvate documents, provided, that: 2. Posted in a conspicuous place in the offices Of
1. The notanal fees received in connection thereto
shall be for the account of the Judiciary; and the Executive Judge and of the Clerk of Court
2. They certify in said documents that there are no (A.M. No. 02-8-13-SC, Rule Ill, Sec. 5, par. (a))-
available notaries public within the territorial
jurisdiction of the Regional Trial Court where NOTE:_The cost of the publication shall be borne by
they are stationed (Office of the Coun thepetitioner. The notice may include more than one
Administrator v. Saguyod, A.M. No. P-17-3705, ?>*3l)'
a .
t'°"er (A-M
-
No. 02-8-13-SC, Rule Ill, Sec. 5, pa’-
February 6, 2018).
Opposition to Petition '
Any person who has any cause or reason to Obie“
to the grant of the petition may file a verified written
MEM/\@'~RY AID
smeaaLmvvnChlI0Iet\Iw'"fiCiBI(\r~aiiuucn.
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
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
compqtana E\l(Ij(I8It1FO of Identity

ttei eniicaio i' -- Grounds for Refusal to Notarize: (UDF) _
§iItIgISofCIhe following; n 0 Indwlduals based on 1. The notary knows or has good reason to believe
1_ At least 1 current identification documeni issued that the notarial act or transaction is Unlawful Of
bydan offitcipl efggncy dbearing the photograph immoral; I
I na u e o e ' ' 2. The signatory shows a Qemeanor which
IIr?1itesdgto: m 'V'd“aI- Such as, but not engenders in the mind of the notary public
- a, Passport; reasonable doubt as to the former's knowledge
b. Driver's license; of the consequences of the transaction requiring
c . (|;%g?5lgJ;he
P f ' I Regulations ' . .
CQn’"'n|ss|0n a notarial act; and
3. In the notary's judgment, the signatory is not
d. National Bure i - - acting oi his or her own [ree will (A.M. No. 02-
clearance; au O lnveshganon INBII 8-13-SC, Rule IV, Sec. 4).
Police clearance;
Postal ID; PROHIBITED ACTS: (FIBI)
. Voter's ID; 1. Execute a certificate containing information
Barangay certification known or believed by the notary to be false;
.-'D’tO Government Service and I
2. Affix an official signature or seal on a notarial
(GSIS) e-card; ns“'a“°e sys‘°"‘ certificate that is incomplete (A.M. No. 02-8-13-
j. Social Security System 333 . SC, Rule IV, Sec. 5).
k. PhilHealth card; ( Hard‘ 3. Notarize a Qlank-or Incomplete instrument or
l. Senior citizen card; I document; or
m. Overseas
(OWWA) ID; Workers W If
e are Ad ‘ ' :
ministration 4. Notarize an tmproper document, instrument, or
document without appropriate notarial
n. Overseas Filipino Worker (OFW) ID- certification (A.M. No. 02-8-13-SC, Rule IV, Sec.
o. Seaman's book; ' 6)
p. Alien certificate of registrationlimmigrant
certificate of registration; ' DISBARMENT OR SUSPENSION DUE TO
q. Government office" ID: '
r. Certification from the National Council for UNLAWFUL ACTS
the Welfare of Disable Persons (NCWD A lawyer may be disbarred or suspended from
s. Department of Social Welfare PaIid ; engaging to certain unlawful acts of a notary public.
De ve I opment (DSWD) certification;
' - (Rule ll, Notarization is not an empty, meaningless and
Sec.12 as amended by A.M. No. 02-8-13- routine act. It is invested with substantive public
SC dated February 19, 2008). interest that only those who are qualified or
authorized may act as notaries public. It must be
emphasized that the act of notarization by a notary
NOTE: A community tax certificate is no longer public converts a private document into a public
considered a competent evidence of identity. document making that document admissible in
Recognizing the established unreliability of a evidence without further proof of authenticity. A
community tax certificate in proving the identity of a notarial document is by law entitled to full faith and
person who wishes to have his document notarized, credit upon its face, and for this reason, notaries
the Court did not include it in the list of competent public must observe with utmost care the basic
evidence of identity that notaries public should use requirements in the performance of their duties (Re:
in ascertaining the identity of persons appearing Violation of Notarial Practice, A.M. No. 09-6-1-SC,
before them to have their documents notarized January 21, 2015).
(Baylon v. Almo, A.C. No. 6962, June 25, 2008).
For instance, by performing notarial acts without the
2. The oath or affirmation of one credible witness necessary commission from the court, a notary
not privy to the instrument, document, or public would violate not only his oath to obey the
transaction who is personally known to the laws particularly the Rules on Notarial Practice but
notary public and who personally knows the also Canons 1 and 7 of the Code of Professional
individual, or of two credible witnesses neither of Responsibility which proscribes all lawyers from
whom is privy to the instrument, document or engaging in unlawful, dishonest, immoral or deceitful
transaction who each personally knows the conduct and directs them to uphold the integrity and
individual and shows to the notary public dignity of the legal profession, at all times (Re"
documentary identification (Rule ll, Sec.12 as Violation of Notarial Practice, A.M. No. 09-6-1-SC
amended by A.M. No. 02-8-13-SC dated January 21, 2015). '
February 19, 2008).
LEGAL ETHICS
DISQUALIFICATIONS NOTE: A notary public is personally

A Notary Public is disqualified from performing a accountable for all entries in his flQ[aria|
notarial act if he: (PRC) register (Spouses Chambon v. Atty. Ru,'z_
1. ls a Barty to the instrument or document that is A.C. No. 11478, September 5, 2017). I
to be notarized;
2. ls a spouse, common-law partner, ancestor, Record the reasons and circumstances for nqi
descendant, or Relative by affinity or completing a notarial act;
consanguinity of the principal within the 4"‘ civil Record the circumstances of any request to
degree; or inspect or copy an entry in the notarial register.
3. Will receive, as a direct or indirect result, any Keep an original record if the instrument is a
commission, fee, advantage, right, title, interest, contract;
cash, property, or other Qonsideration except as Give to each instrument or document executed,
provided by law or these rules (A.M. No. 02-8- sworn to, or acknowledged before him a number
13-SC, Rule IV, Sec. 3). corresponding to the one in his register, and
shall also state on the instrument or document
NOTE: Violation of the disqualification rule under the page/s of his register on which the same is
Sec. 3(c) Rule IV of the 2004 Rules on Notarial recorded. No blank line shall be left between
Practice in performing the single act of notarizing the entries;
complaint-affidavit of relatives within the 4"‘ civil In case of a protest of any draft, bill of exchange
degree of affinity may disqualify a person from being or promissory note, make a full and true record
a Notary Public, but it is not sufficient ground for of all proceedings in relation thereto;
disbarment (Jandoquile v Revilla, A.C. No. 9514, At the end of each week, certify the number of
Apn'l 10, 2013). instruments or documents executed, swom to,
acknowledged, or protested before him;
RULES ON NOTARIAL REGISTER A certified copy of each month's entries and a
A notary public shall: duplicate copy of any instrument acknowledged.
1. Keep, maintain, protect, and provide for lawful Then, forward it to the Clerk of Court within the
inspection a chronological official notarial first ten (10) days of the month following (A.M.
register of notarial acts consisting of a No. 02-8-13-SC. Rule Vl, Sec.2);
permanently bound book with numbered pages At the time of notarization, the notary's notarial
(A.M. No. 02-8-13-SC, Rule Vl, Sec.1); register shall be signed or a thumb or other mark
2. Keep only one active notarial register at any affixed by each: (PCT)
given time (A.M. No. 02-8-13-SC, Rule VI, a. Principal;
Sec.1). b. Qredible witness swearing or affirming to the
3. Record in the notarial register at the time of identity of a principal; and -
notarization the following: ' c. Witness to a signature by Ihumb or other
a. The date and time of day of the notarial act; mark, or to a signing by the notary public on
b. The address where the notarization was behalf of a person physically unable to sign
performed if not in the notary's regular place (A.M. No. 02-8-13-SC. Rule Vl, Sec.3);
of work or business;
c. The type of notarial act In the notary's presence, any person may
d. The title or description of the instrument, inspect an entry in the notarial register, during
document or proceeding; regular business hours.
e. The entry number and page number;
f. The fee charged for the notarial act; Conditions: (KSME) -
a. The person's identity is personally Known t0
g. The competent evidence of identity as
defined by these Rules if the signatory is the notary public or proven through
not personally known to the notary competent evidence of identity as defined in
these Rules;
h. The name and address of each credible b. The person affixes a §ignature and thumb
witness swearing to or affirming the person's or other mark or other recognized identifier.
identity; in the notarial register in a separate, dated
I, The name and address of each principal;
entry;
and c. The person specifies the Month, year, tYPe
j. Any other circumstance the notary public of instrument or document, and name of the
may deem of significance or relevance. prigcipal in the notarial act or acts sou9hI5
an
d. The person is shown only the §_ntfY °'
entries specified by him (A.M. No. 02-8-73‘
SC, Rule Vl, Sec. 4).
7
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
but by due process of law (RULE

Rule 138. Sec. 20(0). S OF COURT, by them and entered upon the record (RULES
OF COURT, RU/6 137, SEC. 1(1)).
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
Uantttty for Breach of Flduclary [Obligation

A law!/9' is di5q“a'.'"°d I.roTt'acIIumnbg by pumhase
10.AMlCUS CURIAE the property and rights in Ilia ion ecause O, his
Experienced and impartial attorneilsl ma)’ be fiduciary relationship with $U¢_ Pl°lJ8Fly and ngms
invited by the Courtto appear as ainici_ciiZalé:)l3 as well as with the client (Bautista v. G0fllBle_g' AM.
help in the disposition of issues submitte No. 1625, Februali’ 2- 199°)~ '
(RULES OF COURT, Rule 138. Sec. 36).
Any contract of sale in violation of the prohibitjoni
null and void, and the lawyer holds the prgpeny is
[rust for the client (Pena v. Delos Santos, QR No
LIABILITIES OF A 202223, March 2, 2015)- ‘
LAWYER Duty to Make Accounting _ K
The fiduciary ‘nature of the f9|3|IlOl'lSI"tlp between
counsel and client irriP°5es °" 3 atti/Yer the duty to
account for the monel’ _°' P"°PefiY <30||9t:ted or
CIVIL LIABILITY received for or from the client. Thus, when a jawyer
Requisites: (AWI) collects or receives money frflm his °|'°"l for a
1. Attomey-client relationship; _ _ particular purpose, he should promptly amount to
2. flant of reasonable care 8- diligence by lawyer; the client how the money was spent. If he does not
and use the money for its intendedpurpose, he must
3. tnjury sustained by client as a proximate result immediately return it to the °|'e"I- The lawyers
of the lawyer's negligence (AGPALO. supra at failure to return the clients money "P0" demand
461-462). gives rise to the presumption that lie has
misappropriated it for his own use to the prejudice of
Degree of Diligence and in violation of the trust reposed "1 him by the
All that is required of a lawyer, in the performance of client (San Pedro v. Mendoza, A.C. No. 5440,
his duties to his client, is toexert that degree of December 10, 2014).
vigilance and attention expected of a good father of
a family or such degree of care and ordinary Effect of Failure to Return Client's Money or
diligence that member of the bar similarly situated is Property after Demand: (PAC2) _
expected to exercise (Id. at 461). ‘ . 1. Eresumption that he misappropriated the same;
2. Administrative liability;
Cause of Liability _Qivil liability in favor of client; and _
A client is bound by the acts, even the mistakes of
F‘!-9 §_riminal liability (Daroy v. Legaspi, A.M. Nd
his counsel in the realm of procedural techniques. 936, July 25, 1975).
However, if the client is prejudiced by his laviryer‘s
negligence or misconduct, he may recoverdamages
against the counsel (Isaac v. Mendoza, G.R. No. L-
Libelous words in pleadings; privileged
2820, June 21, 1951). ' " __ communication
A lawyer is exempted from liability for slander, libel,
A lawyer is not, however, liable for mere error in or for words othenivise defamatory, published in the
judgment (Guerrero v. Villamor, A.M. No. RTJ-90- course of judicial proceedings, provided the
483; September 25, 1998). statements are connected with relevant, pertinent,
and material to the cause in hand or the subject of
Kinds of Damages Recoverable: (MANA) inquiry. For while the doctrine of privileged
1. floral; communication is liable to be abused, and its abuse
2. Actual/Compensatory; may lead to great hardships, yet to give legal
3. Nominal ' sanction to such suits as those for damages or for
- where client lost the litigation as a criminal prosecution against lawyers for defamatory
consequence of lawyer's gross omission or language in their pleadings or motions would give
negligence; and rise to greater hardships (Belen v. People, G.R. No.
211120, February 13, 2017). '
4. Attorney's Fees.
Test of Relevancy
The matter to which the privilege does not extend
NOTE: For Nos. 2 to 4, it should be shown that had
the lawyer exercised due diligence, his client would must be so palpably wanting in relation to the subject
have succeeded in recovering from the adverse matter of the controversy, that no reasonable man
can doubt its irrelevancy or impropriety. The matter
patty- need not be material to the issues presented by the
pleadings. lt must, however, be legitimately related
E?-1\23$91 ii§> §0 tlaritui
so pertinent to the "

l note“) or that itI may become theSubieci
mroverey subject oloi ih
thg for undertaking the defense of 0pp0SIhQ PEIIIY "I
Siwny in the course ol the trial (ld.). the same cause without consent of the first client
(REVISED PENAL CODE, Art. 209); j
Pwadmgs should t contain plain and concise b. A lawyer who shall knowingly jntroduce in
Swlements of material facts and not the evidence by evidence in any judicial proceeding or to the
damage of another or who, with intent to cause
which they falre pmIIe(I' H l"¢ad@i 9°88 beyond the
reqU|§|IesO air! an kiilegesirrelevant matter, whien such damage, shall use any false document
may be held criminally liable th9f9t°l9
is tlh°'°uS' he 05,95 '5_Pl'tVl|ege and may be liable (REVISED PENAL CODE, Art. 172);
in 3 5epaf3I8 suit (Gutierrez v. Abila, G.R. N0 L.
c. A lawyer who Misappropriates his client's funds
59161 January 30, 1982). ‘ may be held liable for estala (REVISED PENAL
Uabflity for Costs of Suit - CODE, Art. 315).
GENERAL RULE: It is the losing client and not the
Malicious
laWY°_"_wh° '8 name for °°sI_5 °I suit in favor of the Deliberate intent or sinister design on the part of the
p|'eV3lItl’IQ Patty» the lawyer not being a paffy_|itigam lawyer (Buenaventura v. Sto Domingo, G.R. No. L-
(cillego v. Diaz, G.R. No. L-27428; May 9' 1971)_ 10651, March 29, 1958).
EX¢EPTlON: lNhere the lawyer insisted on clients
inexcusable
patently unmeritorious case or interposed an appeal Manifest injustice which cannot be explained by a
to delay hh9ah°" °' thwart Prompt satisfaction of reasonable interpretation (In re: Climaco, A.C. No.
prevailing party's just and valid claim, the court may 134-J, January 21, 1974).
adjudge the lawyer to pay treble costs of suit (Gillego
v. Diaz, 39 SCRA 88, May 9, 1971). Contempt of Court
Civil Liability to Third Party Nature: (IPC)
when an attorney-client relationship does net exist 1. The power to punish for contempt is jnherent in
3 lawyer is not liable for want of reasonable care and all courts. It is essential to the obsen/ance of
skill at the suit of any other party (AGPALO, supra at order in judicial proceedings and to the
463-464). enforcement of judgments, orders and writs of
courts. and consequently to the due
CRIMINAL LIABILITY administration of justice.
A laviryer may be held criminally liable if he commits 2. However, it should be exercised on the
any of the following: . Breservative and not on the vindictive principle
3, Causing prejudice to client through malicious and on corrective rather than the retaliatory idea
breach of professional duty or thru inexcusable of punishment, for purposes that are impersonal.
negligence or ignorance; or 3. It is Qriminal in nature even if the acts
" complained of are incidents of civil actions
(AGPALO, supra at 468-469).
NOTE: The prejudice to the client must be one
which under the law and the facts, would not Kinds of Contempt
have been caused to the client had his lawyer 1. According to the Manner of Commission
not maliciously breached his professional duty a. Direct Contempt
or had the lawyer not been inexcusably - consists of misbehavior in the presence
negligent or ignorant (AGPALO, supra at 466- of or so near a court or judge as to obstruct
467). or interrupt the proceedings before the court
or the administration of justice. It is punished
b. Revealing client's secrets learned in lawyer's summarily and no formal charge is
professional capacity through malicious breach necessary (RULES OF COURT, Rule 71 ,
of professional duty or inexcusable negligence Sec. 1);
or ignorance. It is punishable by prision
correccional in its minimum period or a fine b. Indirect or Constructive Contempt
ranging from P40,000.00 to P200,000.00, or - after a charge in writing has been filed,
both (REVISED PENAL CODE, Art. 209, as and-an opportunity given to comment within
amended by R.A. 10951, Sec. 36). such period given by the court, and to be
heard by himself or counsel, such consists
Specific Acts that may Result to Criminal of the commission of any of the following
Liability: (DIM) acts: (MAD-FAIR)
a. A lawyer who has undertaken the Qefense of a
client or has received confidential information
from said client in a case may be criminally liable
LEGAL E'_l'H|oa
Legal and Judicial Ewe.
Misbehavior of an officer of a court in the

performance of his official duties or in The ,8,-nedy is certioran The remedy IS 3
his official transactions; O, prohibition.
ii. Any Abuse of or any unlawful
interference with the processes _°'
proceedings of a court not constituting
direct contempt; Othenuise kriown Q5 Otherwise know
Qisobedience ol or resistance I0 3 contempt in facial oonstructive ¢0me',',,m°*
lawful wnt, process, order, judQ""°"‘ °' curiae
command of the court; _
N. failure to obey a subpoena dull! $°"’ed' (RULES OF COURT, -Rule 71) ‘
V. Assuming to be an attomey or an offifiel o-fold Aspflcts of Power to Punish coma“
of a court and acting as such without
authonty; _ _ ¥;lv8 exercise of the power to punish contemm ha‘
Any improper conduct tending drr66l|Y two-fold aspects, namelY? _
VI. 1_ The pmper punishment of the guilty party (om!
or indirectly to impeder °b§m'_°t' _ or disrespect to the court or its order, and
degrade the administration 0fl"5"°°' °'
VII. The gescue or attempted rescue Of 3 2. To compel his performance of some act 0, My
required of him by the court which he refuses“
person or property in the custody Of 8" perfonri (Republic v. Sps. Baes, G_R_ No
‘
officer by virtueo f an order
_ Itorisprocess
tube 139464: September 9, 2005). 4 '
of a court held by him. _
Punished afler charge am "°a'_,:_"9 2. According to Nature
(RULES OF COURT. Rule 71-'5“ ft a. Civil Contempt -
- consists in failing to do something
DIRECT CONTEMPT v. INQIRECT4- -
r!nMTEMPT‘ ordered tobe done by a court or a judge in
a civil action for the benefit of the Opposim
party therein; and
b. Criminal Contempt '
- consists of any conduct directed against
the dignity and authority of a court or Ora
lt is committed in the It is not committed judge and as in unlawfully assailing O,
presence of or so near within the 9795?"? °f discrediting the authority or dignity of the
a court. court or judge, or in doing a duly forbidden
act (The Philippine Railway Co. v. Parades’
% G.R. No. L-44983, March 31, 1936).
ltissummary in nature. There is a charge and
hearing. CRIMINAL CONTEMPT v.
CIVIL CONTEMPT .
As to Punishment
Punishment if Punishment if
committed against: g Committed against:
RTC or a court of RTC or a court of
equivalent or higher equivalent or higher Punitive in nature Remedial in nature
rank — fine not rank - fine not
exceeding Php2,000 or exceeding Php30,000
imprisonment not or imprisonment not
exceeding 10 days or exceeding 6 months or To preserve the court's To provide a remedy for
both both. authority and to punish an injured suitor and to
for disobedience of its coerce compliance with
Lower'Courts - fine not Lower Courts - fine not orders an order, for the
exceeding Php200 or exceeding Php 5,000 or preservation of the rights
imprisonment not imprisonment not of private persons
exceeding 1 day or exceeding 1 month or
both. both. 1 ~1:',;';;2::,Q7; _ -.» zxvvy 1;_- ?_¢;,,L,»:.,..;._-.<,
"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{ '
REYMARK SUBJECT CQMMITT I'll

Z. DEVOMA and CAMILLE D. RECALDE, Subject Ch ' MAUREEN NICOL
H. MIRANDA, Assistant Subject Chair I GARILISSA ERIN S CAGAIRA Subject Electrunii? ag€)BHAN[§C’1r:IAH KHAN&
ANDREA 0. DEMAISIP and ELLAIN G. PEPITO, Legal Elliicsl SITTIE ASHIA D. GANI and FR(;lE:l'\?:IJlKKO R ClIN{EADliIIj\'RIA.
Judicial Ethics! MIGUEL R. CABALQUINTO and CLARICEJ. ANDAYA, Legal Forms -
SUBJECT MEMB
JULIE M. DE GARCIA, MARIA VERONICA C. PONCE, JOSEPH ASHLEY S ' DEE - AL-NOOR i\iA_|EE[) B . [)[§,\_L()
j at]d MAXIM A
SANTILLAN
IiOVISERS ii. f.715 '' .3;‘*.'. -'j.5 ‘i.‘1,
‘v
Q .I
.r'~‘ *2
».
7
' iii’;
Justice t\I/\RI/\ THERESA v. MENDOZA-ARCEGA, Atty. JOSEPH FERDINA tr DECZ .,,,,j

Atty. JONAS CABOCHAN ' "
\ I
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:
It also aims to ensure that M1995 _9'V° "I9" luii “me

The Bangalore Draft IS founded uP°" cenam and attention to ih8tr iudtiiiél duties-_ Prevent them
fundamental pnncipiest from extending favors to their own pnvate intergsys
i. A universal TOCOQHIIIOIT inat A a comveleflli and assure the public of their impartiality in th.
independent. and impartial judiciary is essentia pertomtance of their functions. These Obj8CIlVe5 ar:
if the courts are to fulfill their role in uPh°'d'"9 dictated by a sense oi ‘moral decency and desire‘
constitutionalism and the rule oitaw; d promote the public interest (Decena v_ Judgg
2. That public confidence in the l"d_'°‘9' 575“? ante Malanyaon, A.M. No. RTJ-10-2217, Apnl 8. 2013)‘
in the moral authority and integniy Oodem
judiciary is of utmost (i‘mP°"a"°° '" 8 m Two Aspects of independence
democratic society;8t\ _ _ _ Judicial independence encompasses two feiayeq
3. That it is essential that judges-_'"d_"{'d“°#Y 3"‘; concepts of independence. These are:
collectively. respect and honor ludluai ° '99 S 1. Individual Judicial independence
~ ~
a public trust and s_tnv_9 _l0 9"ll3"°° 3"
d maintain
- Focuses on each p_ai't_iggaLitLlgg and seeks
confidence in the iudlfllal $Y5l°'“ (Ng? to insure his or her ability to decide cases with
OF JUDICIAL CONDUCT F I autonomy within the constraints of the |aw_ A
PHILIPPINE JUDICIARY lAnnvt8t@<1l» Supra 8 judge has this kind of independence when he
I-vii). can do his job without having to hear - or at ieas‘
without having to take it senously if he does hear
Outline of the New Code of Judicial them— criticisms of his personal morality and
Conduct for the Philippine Judiciary: fitness for judicial office; and
(PPECD)
Canon 1: independence: 2. institutional Judicial independence
Canon 2: integrity; - Focuses on the independence or the
Canon 3: impartiality; y of govemment and
Canon 4: Eropriety: protects judges as a class (In the Matter of the
Canon 5: gquality; and Allegations Contained in the Columns of M,_
Canon 6: Qompetence and Qiligence Amado P. Macasaet Published in Malaya dated
September 18, 19. 20, and 21, 2007, A.M. IvO_
07-09-13-SC, August 8. 2008).
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.“
A (udge is expected to be fearless in the purguii Oi

ieiidenitg justice. to be unafraid to dispiease any
pa,-sdn, interest or power. and to be equi "“°'I°'_°"°° by members of the bench in pending
moral fiber strong enough to resist _ I8mplaiiQn5
Pfied witha suits with the end in view of influencing the course
(Reyes v. Reyes. A.M. No MTJ-0 ord the result of litigation
_ _ doe s not only subvert the
September 18. 2009). 6- 1623.
in °P°"d°'i¢9 Oi lit? lUVdi0I_8ry. but also undermines
(Sebpeoples faith in its integnty and impartialit
illustrations: 4’ a199”.
tsana, Jr. v. VilIamor,A.M_ Iv0 .90-474 ,OctoberY
1_ The pressure of a rally demanding the issuance
of a warrant
‘ of anest against the a ccused is' not
a SUIIICIQIWLEXCUSG for the unjustified haste di A judge need not utter any word, for his sheer
fixing bail without a hearing (Libarios v. D Pifisence, as a member of the judiciary. would be
A.M. No. RTJ~89-286, July 11. 1991). abalos. gufficient suggestion of persuasion and influence
2_ The Supreme Court ordered the conduct of a Ga rcra' v. Valdez. A.M. MTJ-98-1156, July 13.
preliminary investigation and the suspension of 1998).
the trial despite widespread belief influ
media that the accused is guilty (Go v,enced
com byor illustrations:
Appeals. G.R. No. 101837, February 11, 1992). 1. An RTC judge who wrote a letter to a lower court
judge of the MTC intimating that he issues a
Section 2 - in Performing judicial duties. order of acquittal was held guilty of ' n
misconduct for undue interest in a pending senous
judges shall be independent from judicial
criminal case before a lower Court over which he
colleagues in respect of decisions which the exercised supervision (Sabitsana, Jr. v.
judge is obliged to make independently. Villamor, A.M. No. 90-474, October 4. 1991).
2. A judge who allowed himself to be dragged into
Every judge must decide independently, even as what was a purely private matter between
members of collegial court divisions. While there feuding families. at the request of one of the
may be discussions and exchange ofideas among parties. in the barangay conciliation proceedings
judges, at the end of such discussion. thejudge must and introducing himself there as the Executive
decide on the basis of his own sole judgment (FUNA, Judge of the RTC in an obvious demonstration
Legal and Judicial Ethics (2009), p. 438 [hereinafter, of support for that party. lent the prestige of his
FUNA, Legal and Judicial Ethics]). office to a party in a case (Marces v. Arcangel,
A.M. No. RTJ-91-712, July 9, 1996).
Section 3 - Judges shall refrain from 3. A judge who used and stated his judicial position
influencing in any manner the outcome of in a letter, thereby insinuated that it should not
litigation or dispute pending before another be ignored or trifled with. it cannot be gainsaid
court or administrative agency. that respondent is aware that hisjudicial position
alone could exert influence or authority over the
A judge's restraint from exerting influence over other university official and he took advantage of such
judicial or quasi-judicial bodies is required for more authority (Perez v. Costales, A.M. No. RTJ-04-
than just propriety. it is also required for compliance 1876, February 23, 2005).
4. A judge entering his appearance in a court case
with the duty to respect not just the individual
independ6flC8 of fellow judges, but also the representing himself and signing the pleading
independence of the judiciary as a whole (NEW wherein he indicated that he is the presiding
CODE OF JUDICIAL CONDUCT FOR THE judge of a court and appending to the pleading
PHILIPPINE JUDICIARY[Annotated]. supra at 4). a copy of his oath with a picture of his oath-
taking is trying to influence or put pressure on a
fellow judge by emphasizing that he himself is a
Being the dispensers of justice, judges should not
judge and is thus in the right (Office of the Court
tact in a way that would cast suspicion in order to
preserve the faith in the administration of justice Administrator v. Floro. A.M. No. RTJ-99-1460.
March 31, 2006). _
(Navarro v. Tonnis, A.M. No. MTJ-00-1337 5. A judge's presence in the courtroom during the
(Resolution). April 27. 2004)-
hearing of his brother's case would immediately
NOTE: Any attempt. whether successful or not. to give cause for the community to suspect that hi8
being a colleague in the judiciary would
influence the decision-making process of another
influence the judge trying to favor his brother
judge. especially one who is of lower rank and over
(Vidal v. Dojillo. Jr.. A.M. No. MTJ-05-1591
which he exercises supervisoiy authority, is (Resolution), Jil/y 14. 2005).
equivalent to serious misconduct (NEW CODE OF
JUDICIAL CONDUCT FOR THE PHILIPPINE
JUDICIARY[Annotated]. supra at 4).
JUDICIAL
Legal and ludFc:.i'awU$k§
Section 4 - Judges shall not allow family, of the GSIS cause and asked him to he|
social. or other relationships to influence and that Justice Sabio allegedly jg“? GSI3.
judicial conduct or judgment. The prestige brother that he would act in accordance hi.’
of judicial office shall not be used Or lent t0 conscience, showed that Justice Sabio taut“ hi;
advance the private interests of others, nor uphold the standard oi independence °°ie
convey or permit others to convey the propriety expected of him as a magistrate “"1
impression that they are in a special appellate court (Re: Letter of Presiding Jmlhe
posltlon to influence the judge. Vasquez, Jr., A.M. No. 08-8-11-CA, oc,0b"°i/ct
2008). °'1s_
REASON: To ensure that judges are spared from 3. A judge who heckled and interrupted a re
potential influence of family members by session of the municipal council wherewii
disqualifying them even before any opportunity for revocation of authority of some co "la
impartiality presents itself (NEW CODE operators including his nephew-In-law ls ckliit
JUDICIAL CONDUCT FOR THE PHILIPP/22 of allowing family relationships to influentguml
JUDICIARY [Annotated], supra at 6). judgment and lending the prestige of Ml hit
office to be used for private interests (gecenciil
A Judges Family includes Hls:(S’Dl*RCE) Malanyaon, A.M. No. RTJ-02- 1669 (Resohma V.
1. Spouse; April 14, 2004). t °"I.
2 . §on/Qaughter;
. Son-in-Law or Daughter-jn-Law; NOTE: A relationship with a li9phew-jn_|a j
l>(.J . Any other Belative by consanguinity or affinity one of affinity in the third degree. W ‘i
within the sixth (6"') civil degree; and q
5. Any person who is a Qompanion or gmployee of Section 5 - Judges shall not only be he
the judge and who lives in the judge's household from inappropriate connections with
(A.M. No. 03-05-01-SC, Definitions). and _ influence by, the executive and
legislative branches of government, hm
A judge should ensure that his family members,
friends, and associates refrain from creating the must also appear to be free therefi-em to
impression that they are in a position to influence the a reasonable observer.
judge. Judges should also make it clear to the
members of their family, friends, and associates that While this section seems to share similarities with
they will neither be influenced by anyone, nor would some provisions of the Canon on Propriety_ it deals
they allow anyone to interfere in their judicial work specifically with the avoidance of inapprepfiate
(NEW CODE OF JUDICIAL CONDUCTFOR THE connections ¢ as well as any situation that weu|d
PHILIPPINE JUDICIARY [Annotated], supra at 6). give rise to theimpression of the existence of sud‘
inappropriate connections - with the executive and
illustrations: V‘ . ‘ legislative branches of the government (NEW CODE
1. Constant company with a lawyer tends to breed OF JUDICIAL CONDUCT FOR THE PHILIPPINE
intimacy and camaraderie to the point that JUDICIARY [Annotated], supra at 6).
favors in the future may be asked from the
respondent judge which he may find hard to illustration:
resist. The actuation of respondent Judge of Judicial independence is the reason for leaving
eating and drinking in public places with a lawyer exclusively to the court the authority to deal with the
who has pending cases in his sala may well internal personnel issues, even if the own
arouse the suspicion in the public mind, thus employees are funded by the local govemment
tending to erode the trust of the litigants in the Hence, a judge did not act independently with the
impartiality of the judge. He should not allow LGU when she downsized her staff at the MTC em
anyone to ride on the prestige.of his judicial asked the city to re-employ the laid-off wot-t<er3___
office for the purpose of advancing private without diminution of compensation or disadvantage
interests. Neither should he create the with regard to location of work assignment. She lied
impression that someone or some people are so acted improperly in not informing the court of the
close to him or enjoy his favor and are in a need to streamline her court and of its personhet
special position to persuade o_r convince him to needs, but she asked instead the LGU to employ
act one way or another in the performance of his those who were displaced due to her downsizing
duties (Padilla v. Zantua, A.M. MTJ-93-888, (Alfonso v. Alonzo-Legasto, A.M. No. MTJ-94-995,
October 24, 1994). September 5, 2002).
2. The act of Chairman Sabio in calling his brother,
Justice Sabio, while he was the Acting Chairman Appearance of Independence
in the MERALCO case, telling him the rightness Judges must not fraternize with other govemment
officials for that will tend to create the negative
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
confidence in the judiciary (Sison v. C30”)

practice oi the profession, as was exactly A.M. No. RTJ-03-1771, May 7, 2004), °8.
iounded by the tribunals in the results of the bar 2. Delay in the disposition of cases erodes the ta
examinations. The Constitution has "0; and confidence of our people in the judicia'ih
conferred on Congress the authority till lowers its standards and brings it into dlerepuzi‘.
responsibility over the admission, susP°"$'°"- The judge could have facilitated the mm“-
d’ ti nt and reinstatement of attorneys at disposition of the case by denying the menu!‘
tesv mine power remains vested in the SC (In for postponement since he had full control etth‘
re: Cunanan (Resolution), March 1 1954). proceedings. He could have even dlSfTllS$gd mg
2. The rules, directives, and circulars issued by the action for failure to Pf_059cute. instead’ he
Court is one of the foremost duties that a judge allowed the case to remain pending for almost a
acgepls upon the assumption to office. decade despite the fact that it involved relalivety
Therefore, the failure to comply with a resolution simple summary proceedings. His additionet
requiring a judge to comment on the accusations assignments were no excuse for the delay in
in a complaint betrays not only a recalcitrant resolving the case (Bemaldez v. Avelino, AM
streak in character, but has likewise been No. MTJ-07-1672 (Resolution), July 9, 2007)_ '
considered as an utter lack of interest to remain
with, if not contempt of the judicial system
(Inoturan v. Limsiaco, Jr., A.M. No. MTJ-01-
1362, February 22, 2011). '
CANON 2: INTEGRITY
Section 8 - Judges shall exhibit and promote
high standards of judicial conduct in order
to reinforce public confidence in the INTEGRITY IS ESSENTIAL NOT ONLY TO THE
Judiciary which is fundamental to the PROPER DISCHARGE OF THE JUOlC|A|_
maintenance of judicial independence. OFFICE, BUT ALSO TO THE PERSONAL
DEMEANOR OF JUDGES.
Judges should conduct themselves at all times in a
manner that is beyond reproach, in whatever integrity
atmosphere or environs they may happen to be. The people's confidence in the judicial system is
judges must remain conscious of their character and founded not only on the magnitude of leget
reputation as judges and should, avoid anything knowledge and the diligence of the members of the
which will indignify their public positions and demean bench, but also on the highest standard of integrity
the institution to which they belong (NEW CODE OF and moral uprightness they are expected te
JUDICIAL CONDUCT FOR THE PHILIPPINE possess. By the very nature of the bench, judgee_
JUDICIARY [Annotated], supra at 8). . more than the average man, are required to observe‘
an exacting standard of morality and decency. The
A judge should always be imbued with a high sense character of a judge is perceived by the people net
of duty and responsibility in the‘ discharge of his only through his official acts but also through
obligation to promptly and properly _administer his private morals as reflected in his externet
justice. He must view himself as a priest, for the behavior (Dela Cruz v. Bersamira, A.M. No. RTJ-00.
administration of justice is akin to a religious crusade 1567, July 24, 2000).
(Dimafulac v. Villon, G.R. No. 127107, October 12,
1998). In the judiciary, moral integrity is more than e
cardinal virtue - it is a necessity (Pascual v,
There is no surer guarantee ofjudicial independence Bonifacio, A.M. No. RTJ-01-1625, March 10, 2003).
than the God-given character and fitness of those
appointed to the Bench. The judges may be While judges should possess proficiency in law in
guaranteed a fixed tenure of office during good order that they can completely construe and enforce
behavior, but if they are of such stud as allows them the law, it is more important that they should act and
to be subsenrient to one administration after another, behave in such a manner that the parties before
or to cater to the wishes of one litigant after another, them should have confidence in their impartiality
the independence of the judiciary will be nothing (5A;l‘L’E)NDOZA-ARCEGA & DECHAVEZ, supra at
more than a myth or an empty ideal (De La Liana v.
Alba, G.R. No. L-57883, March 12, 1982).
Penalty for Non-Disclosure of Disciplinary Cases
Illustrations: A judge may be dismissed for concealing from the
1. The act of a judge in citing a person in contempt appointing authority information regarding the
of court in a manner which smacks of retaliation criminal charges for homicide and attempted
is appalling and violative of the Code. This homicide filed against him (Office of the Court of
irresponsible or improper conduct erodes public
l
\ I
REM/Q;RY Al o
In-L.'~—"(_ ultlcl Niki “L‘r|_.|._._ C-‘U
Adiiiiiiistrator v Estzicioii. Jr. AM No RTJ-ti?-104,

August 23. 1995) judicial temperament and sell-restraint, traits not
only desirable, but indispensable, for every
A judge may be dismissed lrom the service when judge lo possess besides the basic equipment
he purposely did 9°‘ d'5¢'°5§ his Previous dismissal of learning in the law. Such behavior puts the
when he accomplished the bio-data form required by iudiciarv into disrepute (Alumbres v. Caoibes.
me Judicial and Bar Council (ln Re." Judge Enrique No. RTJ-99-1431, January 23, 2002).
A Cube, A.M_ NO. 93-7~428-MeTC, October 13, 2. A judge must take care not only to remain [rue
1993)- '° ‘he high ldfialfl 0' Oflmpfilence and integrity his
robe represents, but also that he wear
s one in
Ragardless ol’ whether he disclosed his pending ‘he l"'$l Place (Chan v. Majeducon A.M. No
RTJ-02-1697, October 15, 2003).
cases duringhis interviews, the iact remains that he 3. When a judge himself becomes a transgressor
aammitted dishonesty when he checked the box
indicating 'N0'to the question, "Have you ever been of any ‘law which he is sworn to apply in
romially charged?’ in his Personal Data Sheet. The appropriate cases before him, or before any
act of making an obviously false statement in his court for that matter, as where he disregarded
PDS was reprehensible, _to say the least. It w as not the Rules of Court when he issued eight release
mere inadvertence on his part when he answej-ad orders without authority and in breach of the
Rules, he places his office in disrepute,
‘No’ io that very Simple Question posed in the PDS. encourages disrespect for the law and impairs
i-ie knew exactly what the question called for and
what it meant. and that he was committing an act of public confidence in the integrity of the judiciary
itself (Office of the Court Administrator v. Judge
dishonesty but proceeded to do it anyway. A judge Reyes. A.M. No. RTJ-16-2465, March 13, 2018).
knows (or should have known) fully well that the
making of a false statement in his PDS could subject
him to dismissal (Samson v. Caballero, A.M. No. Section 2 - The behavior and conduct of
RTJ-08-2138 (Resolution), August 5, 2009). judges must reaffirm the people's faith in the
integrity of the judiciary. Justice must not
Nan-filing of SALN Indicates Lack of integrity merely be done but must also be seen to be
Failure to. file the SALN is clearly a violation of the done.
law. The offense is penal in character and is clear
breach of the ethical standards set for public officials More than simply projecting an image of probity, a
and employees. it disregards the requirement of judge must not only appear to be a "good judge"; he
transparency as deterrent to graft and corruption. must also appear to be a “good person." This must
For these reasons, a public official who has failed to be so at all times (Dawa v. De Asa, A.M. No. MTJ-
cgmply with the requirement of filing the $Ai_N 98-1144, July 22, 1998).
cannot be said to be of proven integrity and the Court
may consider him/her disqualified from holding It is of vital importance not only that independence,
public office (Republic v. Sereno, G.R. No. 237428, integrity and impartiality have been observed by -
May11, 2018). judges and reflected in their decisions, but that these
must also appear to have been so observed in the
Section 1 "- Judges shall ensure that not only eyes of the people, so as to avoid any erosion of faith
in the justice system (Office of the Court
is their conduct above reproach, but that it Administrator v. Liangco, A.C. No. 5355, December
is perceived to be so in the view of a 13, 2011).
reasonable observer.
Administrative complaints against members of the
A judge'S personal behavior, both in the judiciary are viewed by this Court with utmost care.
performance of his duties and inhis daily life, must for proceedings of this nature affect not only the
be free from any appearance of impropriety as to be reputation of the respondents concerned, but the
beyond reproach (Tan v. Rosete, A.M. No. MTJ-04- integrity of the entire judiciary as well (Samahan ng
1563, September 8, 2004). mga Babae sa Hudikatura (SAMABAHU) v. Untalan.
A.M. No. RTJ-13-2363, February 25, 2015).
Judges must, at all times, be beyond reproach and
should avoid even the mere suggestion of partiality Because appearance is as important as reality in the
and impropriety. Fraternizing with litigants tarnishes performance of judicial functions, a judge must not
this appearance (ln re: Gregory Ong, A.M. No. SB- only be pure but also be beyond suspicion. A judge
14-21-J, September 23, 2014). has the duty to not only render a just and impartial
decision, but also render it in such a manner as to
Illustrations: _ _ be free from any suspicion as to its fairness and
1. Respondent judge's use of physical violence impartiality, and also as to the judge's integrity.
against a colleague reveals a marked lack of While judges should possess proficiency in law in
CIAL
Jlvegall and JudiEc.iI;|HE:hcig
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-
jmpartlellfl V I _ Allegations Must Be Proved

"“pd|'llBI|IY lathe ¢='P‘*¢'lY °' =' fudge to apply the law Bias and prejudice, to be considered valid reasons
and render justice fairly, without lavor, bias, or lor the voluntary inhibition ol judges, must be proved
preludjce (ALBANO, supra at 34J)_ with clear and convincing evidence. B816
allegations of partiality and prejudgmenl will not
We concepts of Impertlallty: suffice (Dimo Realty & Dev‘l., Inc. v. D/maculangan,
1 jmpartialitV Wm‘ '°5P6Cl to the declslon itself; G.R. No. 130991, March 11, 2004).
I and A _
2 jmpartlalitli Wm‘ f°98rd lo the process of Extrajudlclal Source Rule
' aj-flying at a decision (Edaflo v. Asdala, A.M. No. Tobe a disqualifying circumstance, the bias and
‘ RTJ-06-1974, July 26, 2007). prejudice must be shown to have stemmed from an
extrajudicial source and result in an opinion on the
cold Neutrality of an Impartial Judge merits on some basis other than what the judge
_|udg65 should not only be Impartial but should also learned from his participation in the case (Heirs of
appear impartial. Litigants are entitled to nothing less Juaban v. Bancale, G.R. No. 156011, July 3, 2008).
man the cold neutrality of an impartial judge, The
other elements of due process, like notice and As long as opinions formed in the course of judicial
hearing. would become meaningless if the ultimate proceedings are based on the evidence presented
decision is rendered by a Partial or biased judge. and the conductobserved by the magistrate, such
_|udg6S must riot only render just, correct, and opinions - even if later found to be erroneous - will
jmpafllal decisions, but must do so in a manner free not prove personal bias or prejudice on the part of
ofarjy suspicion as to their faimess, impartiality, and the iudge (Gochan v. Gochan, G.R. No. 143089,
integrity (Sison-Banas v. Rubia, A.M. No. RTJ-14- February 27, 2003).
2388, June 10, 2014). I
Judges and justices are not disqualified from
section 1 - Judges shall perform their participating in a case just because they have written
judicial dutles without favor, bias, or legal articles on the law involved in the case (Chavez
p|'3jlldICO. v. Public Estates Authority (Resolution), G.R. No.
133250, May 6, ‘2003).
A judge, sitting in a case, must at all times be wholly
free, disinterested, impartial, and independent. Due Section 2 - Judges shall ensure that his or
process requires a hearing before an impartial and her conduct, both in and out of court,
disinterested tribunal. A judge has both the duty of maintalnsand enhances the confidence of
rendering a just decision and the duty of doing it in a the public, the legal profession and litigants
manner completely free from suspicion as to its in the impartiality of the judge and of the
faimess and as to his integrity (Geotina v. Gonzalez, judiciary.
G.R. No. L-26310, September 30, 1971).
No judge should handle a case in which he might be
Presumption of Regularity _ perceived, rightly or wrongly, to be susceptible to
A judge is presumed to have acted with regularity bias and impartiality. His judgment must not be
and good faith in the performance of judicial tainted by even the slightest suspicion of improbity
functions. Hence, bias, prejudice, and even undue or preconceived interest. The rule is aimed at
interest cannot be presumed, especially when preserving at all times the faith and confidence in
weighed against a judge's sacred obligation under courts of justice by any party to the litigation
oath 0 foffice to administer justice
_ without respect to (Urbanes v. Court of Appeals, G.R. No. 112884.
any person and do equal right to the poor and the August 30, 1994).
rich (Datuin, Jr. v. Soriano, A.M. RTJ;01-16 40,
October 15. 2002)- A judge should behave at all times as to promote
public confidence in the integrity and impartiality of
As a matter of policy, the acts of a judge in his judicial the judiciary. The appearance of bias or prejudice
capacity are not subject to disciplinary action. He can be as damaging to public confidence and the
cannot b e sub'ected
l to liability
_ _- _ civil ' criminal, or administration of justice as actual bias or prejudice
administrative — for any of his official acts, no matter (Montemayor v. Bermejo, A.M. No. MTJ-04-1535.
h w erroneous, as long as he acts in good faith. To March 12, 2004).
hgld otherwise would be to render judicial office
untenable, for no one called upon tot ry the facts g _ or Illustrations: _ __
interpret the law in the process of administering 1. A l'udge cannot order the presentation of specific
justice can be infallible in his judgment (Crlso/ogo v. documentary evidence without a corresponding
Daray, A.M. No. RTJ-07-2036. August 20, 2008). motion from any party, or direct a party when
JUDICIAL ETHICQ
Legal and Judicial Eguca
.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
or JUDICIAL CONDUCT[Ann0tat9t'//i SUP” 9 t

An Associate Justice of the CA refused to inhibit 21).
himself from reviewing the decision in a case
which he had partially heard as a trial judge prior NOTE: The reasons lor disqualification cited I"
to his promotion, on the ground that the decision Canon 3, Section 5 are - H°W9V°'~ the
was not written by him. The SC upheld his enumerated instances under said section fife
mfusal as not ethically improper. but instances of mandatory inhibition (ld.).
nevertheless, commented that he should have
been more prudent and circumspect and Waiver of Objections _
declined to take on the case owing to his earlier Strict compliance with the rules on disqualification IS
involvement in the case (Sandoval v. Court of required. The petition to disqualify a judge must be
Appeals. G.R. N0. 106657. August 1, 1996). filed before the rendition of the judgment and cannot
be raised on appeal. Otherwise, the parties are
The judge is related by consanguinity or deemed to have waived any objection regarding the
affinity to a gagy litigant within the sixth civil impartiality of the judge (ld.).
degree or to counsel within the fourth civil
degree; Instances When Judge Need NOT inhibit:
1. Close personal friendship with a party, as long
Illustrations: as it does not influence the judge's official
3, When the judge presided over a petition for conduct as a judge (Santos v. Lacurom, A.M.
correction of a birth record where the No. RTJ-04-1823, August 28, 2006);
petitioner was his daughter (Vi/Ialuz v. 2. in the absence of clear and convincing evidence
Mijares, A.M. No. RTJ-98-1402, April 3, to prove the charge of bias and prejudice (Castro
1998). v. Judge Mangrobang, A.M. No. RTJ-16-2455,
b, Respondent judge's issuance of the warrant April 11, 2016); and
of arrest against his own sister was an 3., The fact that the judge is a next-door neighbor
outright violation of the stringent rules on ~ of the complainant or party-litigant (Choa v.
compulsory disqualification (Paderanga v. Chiongson, A.M. No. MTJ-95-1063, February 9,
Judge Paderanga, A.M. No. RTJ-14-2383, 1996). .
August 17, 2015).
¢_ When the judge conducted the preliminary Section 6. A judge disqualified as stated
investigation in a criminal case, although the above may, instead of withdrawing from the
- complaining witness was his nephew. While proceeding, disclose on the records_the
conducting preliminary investigation may basis of disqualification. If, based on such
not be construed strictly as “sitting in a
case", the underlying reason behind disclosure, the parties and lawyers,
disqualification under Rule 3.12 of the Code independently of the judge's participation,
of Judicial Conduct and Section 1 of Rule all agree in writing that the reason for
137 are the same (Perez v. Su/Ier, A.M. No. Inhibition is immaterial or unsubstantial, the
MTJ-94-936, November 6, 1995). . judge may then participate in the
proceeding. The agreement, signed by all
The judge knows that his or her spouse or parties and lawyers, shall be incorporated in
child has a financial interest, as heir, legatee, the record of the proceedings.
creditor, fiduciary, or othenivise, in the
subject matter in controversy or in a party to Remittal of Disqualification
the proceeding, or any other interest that Remittal of disqualification is the process by which a
could be substantially affected by the judge who is disqualified to sit on at case on any of
outcome of the proceedings. the grounds enumerated in Section 5, Canon 3, may
purge himself of such a disqualification so that he
While United States jurisprudence has may act upon the case (ALBANO, supra at 355).
distinguished between direct and indirect
interest, there is no equivalent Philippine Requirements to Continue Hearing the Case
jurisprudence on the matter . This rule is despite. Existence of Reasons for
intended to ensure the judge's impartiality by Disqualification: (DRAW)
preventing situations in which a judge must 1. Bona fide Qisclosure to the parties-in-litigation;
consider familial interests in the conflicts before 2. Agreement incorporated in the Records of the
him or her. if the public is aware of a family proceedings;
member's financial interest, the public may 3. Express Acceptance and agreement by all the
question the judge's impartiality (NEW CODE parties of the cited reason as not material or
substantial; and
JUDICIAL Eriiie ‘l
Legal and Judicial Ejhkg
tiricaiiiin niiiglatriitus iirii iindoi conalnnt D,

4 Agieeiiieiit is in Writing, signeil hy ttin j\itttll)§ scrutiny. tuirnlriiilloii ol ii case will not gag" n |tl|lr_
itiiit viiiiilsiils (Ni-it’ (‘Dill til Jtllllt-IN criticisms lor iicte which iiiiiy ciist 8\jHp“;.()" ()“btir_
CONDUCI Hlh‘ lift" t‘tilLll‘t‘lNt Jt/UILIARY disposition or resolution (in Re Orig, AM N0" iii
iAiiriotaled] suivii iit .‘l 2-’ Ftllitil /WA M“""' l4-21-J, S6pt0lllb9! 23, 2014). r Sci.
Code oi Jiidicial Cnriiiirctl
Section 1 - Judges shall avoid lmprgp"
to effectively merit ilisqiialiticatioii. H judge‘ lt\‘\L3; and the appearance of impropriety in "I"?
disclose on the record the basis d law0 era_ to their activities. °l
disqualihcatiori and .isl\ the parties all Yhemer
consider. out ol the. presence oi the A5 long as_ the
l"d9°~ W REASON: This exacting standard oi deco,“ V
to waive the disqualilication. 1 I bias or demanded lrom judges to promote public cenjjdg‘ is
disqualification is not based uP°“ l‘9'5°' 8 in the integrity of the Judiciary (in Re: Orig, A M “tie
m,|ugi¢e_ me pa|'tl8S and lawyers may all agree that se-14-214, September 23. 2014). ' -No.
the judges‘ho u id not be disqualified. It all parties and
me judge agree that the judge should j)8TtlClE'D;?e,
illustrations:
then the judge may participate, and must incorp 1. in accordance with law and pursuant ig jh
the agreement into the record ol the proceeding (ld.). Resolution of the Court en bane °
(See also discussions under Disqualification of Administrative Matter No. 1544-0, dated Augui"
Judicial Olficers (Rule 137) on the latter part of this 21, 1980, judges oi interior courts and the con"
matenal. l
personnel are enjoined lrom playing in qr be‘ n
present in gambling casinos (Re: Nomienm-snag
Pizarro, A.M. No. 17-11-06-CA, March ,3-
2018). '
2. A judge is administratively liable for going t
CANON 4: PROPRIETY cockpits and placing bets in cockfights. The fao
that he went to licensed cockpits will not absojvq
him. Mixing with-the crowd of Oockfighjjne
enthusiast and bettors is unbecoming e jud 9
PROPRIETY AND THE. APPEARANCE OF and undoubtedly impairs the respect due mga
PROPRIETY ARE ESSENTIAL TO THE (City of Tagbilaran v. Hontanosas, Jr., MTJ_9?_
PERFORMANCE OF ALL THE ACTIVITIES OF A 1169, January 29, 2002).
JUDGE. 3. The judge's act of hitching a ride in the ear oi
party litigant, in going to and from the ptacetff
Propriety the ocular inspection, openly exposed himse"
Propriety is conformity to prevailing customs and and the office he holds to suspicion, ihu
usages. in brief, it is appropriateness (PINEDA, impairing the trust
supra at 139). . administration of and faith ofA the
justice. peopleoffidm
judge's in ih:
conduct should be free from the appearangg O‘
Private Life ' impropriety and his personal conduct and
Judges shall avoid impropriety and the appearance behavior should be beyond reproach (cabreana
of impropriety in all of their activities. Ajudge is v. Avelino, A.M. No. 1733-CFI, September 30
enjoined to avoid not just impropriety in the 1981). '
performance of judicial duties, but in all his activities 4. Ajudge made embarrassing comments unto the
whether in his public or private life. He must conduct employees such as “pogi, beau”/' put”-S,
himself in a manner that gives no ground for among others. Such language is considered ah
reproach (In Re: Ong, A.M. No. SB-14-21-J, act of impropriety as judges are to Obsefye
September 23, 2014). temperate, patient, and courteous language
even outside the courtroom (in Re: Acufia A M
The conduct of a judge must be free of a whiff of No. RTJ-04-1891, July 28. 2005). ' ' '
impropriety not only with respect to his performance 5. Ajudge made embarrassing comments unto the
of his judicial duties, but also to his behavior outside employees such as “pogi, beauty, put”-S.
his sala and as a private individual. A judge's official among others. Such language is consideree 3'"
life cannot simply be detached or separated from his act of impropriety as judges are to observe
personal existence (Anonymous Complaint v. temperate, patient, and courteous language
Presiding Judge Dagala, A.M. No. MTJ-16-1886,
even outside the courtroom (In Re: Acuria, A_M
July 25, 2017). No. RTJ-04-1891. July 2a. 2005). '
Applicability to Pending Cases 6_. A judge's act of attending the hearing or his
it does not matter that the case is no longer pending brother's election protest, allegedly just to give
when improper acts were committed by the judge. moral support and, in the process, obsenre how
Mziiiinv AID
i
5', kg. uiuuruli kulqp oi Law ~ ROCT ttq Qggjgggm C.“-‘
election Dl'°'95l P‘°°°°d|"Q$ are conducted.

Even it respondent did not intend to use hie illustrations:
position as a judge to influence the outcome of 1. A judge is not allowed to participate in political
his brother's election Protest, it cannot be denied parties or be engaged in election related
that his presence in the courtroom during the activities, etc. (ANTIQUIERA, supra at 137-138).
nearing of his brother's case would give cause 2. A judge is prohibited from posting a photo of
for the community to suspect that his being a herself wearing a suggestive dress like an ‘off-
colleague in the iudiciarv would influence the
judge trying the case to favor his brothen The shoulder" dress and making this available for
fact that neither complainant nor his Qounsej public viewing. in communicating and socializing
objected to the presence of respondent during through social networks, judges must bear in
the hearing is immaterial (Vidal v. Dojiilo, A,/i,1, mind that what they communicate regardless of
Ne. MTJ-05-1591, July 14, 2005). whether it is a personal matter or part of his or
her judicial duties creates and contributes to the
7_ Uttering improper language directed towards people's opinion not just of the judge but of the
eemplainants in his Answers and Comments,
where the judge criticized the former for their entire Judiciary of which he or she is a part. This
is especially true when the posts the judge
incompetence in handling the subject case as makes are viewable not only by his or her family
well as using abusive and insulting words, which and close friends, but by acquaintances and the
tend to project complainant's ignorance of the general public. Thus, it may be acceptable for
laws and procedure, prompted by judge's bejjef the respondent to show a picture of herself in the
that the former mishandled the cause of his attire she wore to her family and close friends,
client (Jorda v. Bitas, A.M. RTJ-14~2376, March
but when she made this picture available for
5, 2014). public consumption, she placed herself in a
3, A strong suspicion of irregularity arose when a situation where she, and the status she holds as
judge, despite failure to decide the cases subject a judge, may be the object of the public‘s
of his requests for extension of time to decide, criticism and ridicule (Lorenzana v. Austria, A.M.
was able to decide other cases. The appearance - No. RTJ-09-2200 April 2, 2014). '
of impropriety became more pronounced 3. Ajudge should not transgress the law which he
because he promulgated his acquittals and himself is swom to uphold by maintaining an
dismissals after the supposed effectivity of his illicit relationship with a married woman while he
optional retirement in violation of Administrative himself is also married (Resngit-Marquez v.
Circular No. 43-2004 (The Office of the Court Llamas, A. M. No. RTJ-02-1708, July 23, 2002).
Administrator v. Aventurado, A.M. No. RTJ-09-
2212, April 18, 2017). Act Consistent with the Dignity of the Judicial
9. Even if there is no clear evidence of sexual Office _
congress between a judge and one of his Since a judge is occupying an exalted position in the
subordinates, photos showing the two of them administration of justice, a judge must pay a high
coming out of a hotel together was enough to price for the honor bestowed upon him. Thus, the
give rise to the appearance of impropriety judge must comport himself at all times in such a
(Liwanag v. Lustre, A.M. No. MTJ-98-1168, April manner that his conduct, official or othenivise, can
21, 1999). bear the most searching scrutiny of the public that
looks up to him as the epitome of integrity and justice
Section 2 - As a subject of constant public (Campos v. Campos, A.M. No. MTJ-10-1761,
scrutiny, judges must accept personal February 8, 2012).
restrictions that might be viewed as
burdensome by the ordinary citizen and immorality
immorality has been defined to include not only
should do so freely and willingly. In sexual matters but also conduct inconsistent with
particular, judges shall conduct themselves rectitude, or indicative of corruption, indecency.
in a way that is consistent with the dignity of depravity, and dissoluteness; or is willful, flagrant, or
thejudicial office. shameless conduct showing moral indifference to
opinions of respectable members of the community.
A judge is subject to scrutiny for both public and and an inconsiderate attitude toward good order and
private conduct. Such scrutiny is an unavoidable public welfare (Mah-Arevalo v. Mantua, A.M. No.
consequence of occupying a judicial position. RTJ-13-2360, November 19, 2014).
Judges are thus held liable for acts that, if committed
by any other person, would not necessarily be illustrations: .
deemed improper (NEW CODE OF JUDICIAL 1. Respondent judge is guilty of simple misconduct
CONDUCT FOR THE PHILIPPINE JUDICIARY in causing the registration of a land title in his
[Annotated], supra at 24). son's name, who was still a minor, with the
JUDICIAL iari-iio !
Legal and Judicial Elnkg
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
mnmealves in such a manner as to presoj-V

we dignity of the judicial office and th: 8- Financial and material Interest
impartiality 3"‘! l"d°P9ndance of inn -I Public officials and employees shall not.
]udlC|8|'Y- d"°°"_Y _0r indirectly. have any financial or
material interest In any transaction requiring the
Judges, in the exercise of their civil liberties. should approval of their office.
be circumspect and ever mindful of their continuing b. Outside om |
Commitment to uphold the judiciary and its values m|mdth°m:’°°Yment and other activities
places upon them oenain implied restraints to their - Public officials and em ' -
lreedom (NEW CODE OF JUDICIAL corvoucr -' _ Ployees during their
gfglmbsncy andfor a penod of one (1 ) year silo;
FOR THE PHILIPPINE JUDICIARY [Annotated]
Supfa 8! ' 9nal'°"- fellfemenl. or separation from
public office, except in lh
lb) (2). shall not: 6 case 0' subparagraph
Illustrations: '
1_ A judge was admonished for the appearance or (1) Own. control, manage O, amp,
er\9a9'"9 ‘fl Partisan politics when no °"'IP|°yment as officer, em p loyee,
participated in a political rally sponsored by one ¢°"$U|l8fll. counsel. broker, agent, injslee
paFlY- eve" lh°"9h he only explained the or nominee in any private enterprise
mechanics of block voting to the audience regulated, supervised or licensed by their
(Macias v. Arula, A.M. No. 1895-CFI, July 20 office unless expressly allowed by law;
1982). ’ (2) Engage in the private practice of their
2, Although a judge may attribute his intemperate profession unless authorized by the
language to human frailty, his noble position in Constitution or law, provided, that such
the bench nevertheless demands from him practice will not conflict or tend to conflict
courteous speech in and out of the court. Judges with their official functions; or
are demanded to be always temperate, patient (3) Recommend any person to any position in a
and courteous both in conduct and in language) private enterprise which has a regular or
(Fidel v. Caraos, A.M. No. MTJ-99-1224, pending official transaction with their office.
December 12, 2002). '
3_ A judge is not prohibited from joining or A judge shall refrain from financial and business
maintaining an account in a social networking dealings that tend to adversely reflect on the court's
A site such as Friendster. However, Section 6, impartiality, interfere with the proper performance of
Canon 4 of the New Code of Judicial Conduct judicial ‘activities, or increase involvement with
also imposes a correlative restriction on judges: lawyers or persons likely to come before the court
in the exercise of their freedom of expression, (CODE OF JUDICIAL CONDUCT, Canon 5, Rule
they should always conduct themselves in a 5.02).
manner that preserves the dignity of the judicial
office and the impartiality and independence of Illustrations: '
the Judiciary (Lorenzana .v. Austria, A.M. No. 1. When a judge, along with two other people,
RTJ-09-2200, April 2, 2014). acted as real estate agents for the sale of a
parcel of land for which he agreed to give a
commission of P100,000 to each of his
Section 7 - Judges shall inform themselves companions, and after the transaction was
about their personal fiduciary and financial completed, only gave the complainants P25,00tl
interests and shall make reasonable efforts each, the Court held that the judge violated the
to be informed about the financial interests Code of Judicial Conduct (Catbagan v. Barte,
of members of their family. A.M. No. MTJ-02-1452, April 6, 2005); and
2. A judge clearly violated the Anti-Graft and
This section directs judges to keep themselves well- Corrupt Practices Act and the Code of Conduct
informed of their financial standing, so that they can and Ethical Standards for Public Officials and
make better adjustments on their family expenses Employees when he failed to file his Statement
if things are not going well. The rule is to situate the of Assets, Liabilities and Net Worth (SALN)
judges away from the temptations of corruption. By without justifiable reasons. While every office in
knowing the financial standing of the family, judges the government service is a public trust, no
will not be taken by surprise when a financial position exacts a greater demand on moral
crisis emerges (PINEDA, supra at 162). righteousness and uprightness of an individual
than a seat in the Judiciary. Hence, judges are
This section of the New Code of Judicial Conduct strictly mandated to abide with the law, the Code
should be read in conjunction with Section 7(a) and of Judicial Conduct and with existing
(b) of R.A. No. 6713: administrative policies in order to maintain the
JUDICIAL
Legal and Jud§t:.i|el.Etn°k§
faith of our people in the administration of asked for her friend's possible releasn
lustico(Offrce of the Court Administrator v. when she ordered her sheriff to onga ‘atti
Usriiaii. AM No SCC-08-21, October 19. assistance of policemen and retrieyefiths
2011) friend's car that had been left in the pa her
lot when the friend had been arfmlng
Section 8 - Judges shall not use or land the (Manansala III v. Asdala, A.M, No, Rattan
PYQWQO of the judicial office to advance 1916, May 10, 2005). '06.
their private Interests, or those of a member c. Posting advertisements for renjau
of their family or of anyone else, nor shall personnel on the court bulletin board u'§nl
they convey or permit others to convey the his court address to receive appllCalj(')n:lllg
such position, and of screening appjjca '°Y
impression that anyone ls in a special his court, constitute involvement in prlhin j
posltlon improperly to Influence them in the business and improper use of office iatzrimle
performance ofjudicial duties. for the promotion of family busin ea
(Dionislo v. Escano, A.M. No. RTJ 98_14?a
REASON: To avoid the impression that the judge February 1, 1999). °i
would rule in favor of a litigant because the former is d. Ticket-Fixing
indebted to the latter. In order for the said - A misconduct in which judge
proscription to operate, it should first be established impermissibly take advantage or tne?
that the judge knows that the person or entity from position to avoid punishment for {ramlr
whom he or she is borrowing money or property is violations (NEW cops or Juo/olnf
actually a lawyer or litigant in a case pending before CONDUCT FOR THE PHILIPP/NE
his or her sala (Ongcuangco v. Pinlac, A.M. No. RTJ- JUDICIARY [Annotated], supra at 28),
142402, April 15, 2015). e. Using judicial power to exact persona|
vengeance (NEW CODE OF JUDICML
Two Prohibitions Covered by this Section: ' CONDUCT FOR THE PHlLIPPjNE
1. A judge may not use judicial office to gdvance JUDICIARY [Annotated], supra at 28),
private interests; and ' .
Section 9 - Confidential information
Illustration: acquired by judges in theirjudicial capaojjy
A judge took advantage of his posltlon as a shall not be used or disclosed by, for any
Makati RTC judge by filing in the Makati court a
collection case in which he and his wife were the other purpose not related to their judicial
complainants. Although a stipulation . in the duties; ' .
contract gave the judge, as creditor, choice of
venue, the judge had nonetheless fallen short of Judges come into possession of various information
what is expected of him as a judicial officer. This in the course of their judicial duties. This information
act of the judge would lead the public, and in should only be used in arriving at a decision of a
particular the judge's adversary, to suspect that case, and not for any other use. Hence, the judge
the judge would use the choice of venueas a may_not use any information for other unofficial
means to exert influence in favor of himself purposes (FUNA, supra at 471).
(Javier v. De Guzman, A.M. No. RTJ-89-380,
December 19, 1990). _ ~ Grounds for Criminal Liability: »
1. Revelation of secrets by an officer (REVISED
2. A judge may not give the impression that he or PENAL CODE, Art. 229);
she can be influenced to use the judicial office to 2. Revelation of secrets of a private individual
advance the private interests of others (REVISED PENAL CODE, Art. 230); and
(AGPALO, supra at 619). 3. Divulging valuable information of a confidential
character, acquired by his office or by him on
illustrations: account of his official position to unauthorized
a. A judge who filed a case for estafa in his own persons, or releasing such information in
sala and assisted in the issuance of the advanceof its authorized release due (R.A. No.
warrant of arrest against the accused was 3019, Sec. 3, par. (k)). A
held guilty of serious misconduct (Cacatian
v. Liwanag, A.M. No. MTJ-02-1418, Section 10 - Subject to the proper
December 10, 2003). performance of judicial duties, judges may:
b. A judge was found liable for gross a. Write, lecture, teach, and participate in
misconduct when she made a telephone call activities concerning the law, the legal
to the station commander on behalf of a system, the administration of justice or
family friend who had been detained and 4 related matters;
f
n'EMKiRY AID
smumuriiveieti C°U\P°l\-l*‘9°Cl BllQinietii.in|Ceniei
b_ Appear at a public hearing before an

thereby suspended, and it shall continue to be 50
official body concerned with mattgrs suspended for the entire period of his incumbency
relating l° ‘M kw» life |°9a| system, the as a judge (Decena v. Malanyaon, A.M. No. RTJ-10-
administration of justice or related 2217, April 8, 2013).
mattersiflnd
c_ Engage in other activities if such REASON: The inherent incompatibility oi the rights.
3(;tiV|\lBS do not detract from the dignity duties, and functions of an attorney and those of a
of the judicial offlce or Qthgrwjsa lud99 (Carual v. Brusola, A.M. No. RTJ-99-1500,
intertere with the performance of judicial gcttrober 20, 1999). To avoid the evil of possible use
duties. e power and influence
' of hisoffice to affect the
outcome of the litigation where he is retained as
NOTE: The activate: enigperated in this section are °°“"$°|- Jlldges are expected to conduct
themselves in such a manner as to preclude any
not 8XC|LlSlV8. n er _ 6 Pflntilple of ejusdem suspicion that they are representing the interests of
ther activity of similar nature may be
auowgd (ANTIQUIERA, supra at 141). party litigant (Die-Aflonuevo v. Bercacio, A.M. No.
177-MJ, November 27, 1975).
This section allows the judge to participate in legal The position of judge is a full-time duty and
academia and public discourse on legal matters with responsibility. There is no time for judges to pursue
me proviso that there shall be no interference in the another profession. occupation. or calling which
perfomiance of the _judge's_ primary functions with equally
_ _ re quires
' '
attention, '
mindfulness, and
respect to his or her jurisdiction. However, in dealing vigilance (PINEDA, supra at 168). It also prevents
with the media, the Philippine Judicial Academy judges from extending special favors to their own
suggests that a judge or court should avoid
a¢rimOfli0US debate with reporters and the public private interests and to assure the public of their
impartiality in the performance of their functions
(NEW CODE OF JUDICIAL CONDUCT FOR THE (Carual v. Brusola, A.M. No. RTJ-99-1500, October
PHILIPPINE JUDICIARY [Annotated], supra at 29).
20, 1999).
gisqualification
Judges, officials or employees of the superior courts
The members of the Supreme Court and other or of the Office of the Solicitor General are prohibited
courts established by law shall not be designated to from engaging in private practice as members of the
any agency Perfwming guasi-judicial or bar and in giving professional advice to clients
administrative function (CONST., Art. VIII, Sec. 12). (RULES OF COURT, RULE 138, Sec. 35).
Illustrations: Private Practice by a Judge
1_ Ajudge sought the Court's permission to accept It is more than an isolated court appearance, for it
membership in the ilocos Norte Provincial consists in frequent or customary action, a
Committee on Justice, an administrative body. succession of acts of the same nature habitually or
The Court denied his request, ruling that customarily holding oneself to the public as lawyer
allowing the judge's membership would be a (Office of the Court Administrator v. Ladaga, A.M.
violation of the constitutional provision on the No. P-99-1287, January 26, 2001).
discharge by members of the judiciary of
administrative functions in quasi-judicial or Since the law does not allow a judge to practice his
administrative agencies (In Re: Designation of profession, he should not do so indirectly by being a
Judge Rodolfo U. Manzano, A.M. No. 88-7- silent partner in a law firm, or by securing legal
1861-RTC, October 5, 1988). business for a friend or former associate in the active
2. Under Subsection (c), a judge may not engage practice of law and receiving a share in the
in private business without the written attorney's fees for his efforts (AGPALO, supra at
permission of the SC (NEW CODE OF 625).
JUDICIARY [Annotated], supra at 30, citing Municipal Judge as Notary Public
Borre v. Moya, A.M. No. 1765-CFI, October 17. MTC judges may also act as notaries public ex
1980). officio only if lawyers or notaries public are lacking in
their courts‘ territorial jurisdiction. Taking judicial
Section 11 - Judges shall not practice law notice of the fact that there are still municipalities
whilst the holder ofjudicial office. which have neither lawyers nor notaries public, MTC
and MCTC judges assigned to municipalities or
Prohibition on the Practice of Law circuits with no lawyers or notaries public may, in the
An attorney who accepts an appointment to the capacity as notaries public ex officio, perform any act
bench must accept that his right to practice law is
JUDICIAL ETI-||q ‘i
Legal and Judicial Ethkg
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.
.
< \
NOTE: RTC Judges and justices have no authority

3
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
CODE OF JUDICIAL CONDUCT FOR

Pfomise, gift or present received by such officer PHILIPPINE JUDICIARY [Annotated], s,,,,,a at [fir
(REVISED PENAL CODE, Art 210). 4).
2. Indirect Bribery Section 1 - Judges shall be awam O‘

~ Accepting gifts given by reason of the office understand diversity In society aflq
Of the judge (REVISED PENAL CODE, Art. differences arising from varioua sou inn
211). including, but not limited to, race, ¢°|°|_'°°\_
religion, national origin, caste, d|sal')|'ex_
age, marital status. sexual onanmliti. ,
3. Anti-Graft and Corrupt Pra¢l|¢98 N11 social and economic status, and on,“ '°n,
- Tno judge is liable criminally for directlyhor causes. ' “lie
Ot
indirectly receiving gifts. Pf9$9"i5 °" 9'
pecuniary or matenal benefit for himself or for To render substantial justice and maintain
another under conditions provided in Section 2 confidence in the judicial system, jndgegublic
(b) and (c) of R.A. No. 3019. expected to be aware of the diversity in social ale
results from an increasing worldwide axchanil that
EXCEPTION: Unsolicited gifts or presents of people and ideas. They must be able to amigo of
small value offered or given as a mere ordinary infiltration of preconceptions into their deci . the
token of gratitude or friendship according to local They should be mindful of the various intemaigons.
custom or usage (R.A. No. 3019, Sec. 14). instruments and treaties ratified by the phinp i°"ai
Void Donations Under the Civil Code which affirm the equality of all human being: nes.
Donations given to a judge or to his wife, establish a norm of non-discrimination .wiu:nd
descendants or ascendants, by reason of his office. distinction as to race, sex, language, or fen 9"‘
are void (CIVIL CODE, Art. 739). (NEW coors OF JUDICIAL CONDUCT non ‘}'°"
PHILIPPINE JUDICIARY [Annotated] at 33-34) HE
Loans Prohibited Under the Constitution
No loan, guarantee, or other form of financial Section 2 - Judges shall not, in tn
accommodation for any business purpose may be performance of judicial duties, by wqrds °
granted directly or indirectly by any government- conduct, manifest bias or prejudice towat-3'
owned or controlled bank or financial institution to any person or group on irrelevant groundss
members of the SC during their tenure (CONST.,
Art. XI, Sec. 16). - Duty against Bias and Prejudice
He must constantly exercise restraint that he mu ,
Illustration: not talk or act where his judgment may be predictet?
it is serious misconduct for a judge to receive money No one should be able to read his face as to wn '
from a litigant in the form of loans which he never side he will tilt the balance ofjustice (PINEDA an at
intended to pay back. Even if the judge intendsto at 1&9). ' "'3
pay, it is an act of impropriety to take a loan from a
party-litigant. The judge could not be wholly free Section 3 - Judges shall carry out junta;
from bias in deciding a case where his lender is a duties with appropriate consideration for eat:
party. A judge should always strive to be free from persons, such as the parties, witnesses
suspicion and all forms of improprieties (Ompoc v. lawyers, court staff, and judicial colleagues’
Torres, A.M. No. MTJ-86-11, September 27, 1989).
without differentiation on any irrelevant
ground, immaterial to the prqper
performance of such duties.
CANON 5= EQUALITY Judicial functions should be carried out in an ordert
manner free from any extraneous disruptions. A31:
of inconsiderateness, disrespect, and discourtos
ENSURING EQUALITY OF TREATMENT TO ALL disrupt judicial proceedings which unduly hafflpeyt
BEFORE THE COURTS IS ESSENTIAL TO THE thejudge's task. in the end, it is the administration of
DUE PERFORMANCE OF THE _ JUDICIAL justice which suffers as a result of poor human
OFFICE. relations with the parties, witnesses, iawyers_ noun
staff, and even judicial colleagues (FUNA, supra at
As the guardians of justice, courts must adhere to 482). ‘
the pnnciple of equality. People-expect the courts to
be unaffected by differences in social status, degree
of education, and even physical abilities (NEW
1
|~1EM/tinv AID
5.‘ B’. Um,‘-ry Culqp ol Ln R061 Ila Uvoieiuu Cun-
A5 arbilers oi the law. ludqes Should be

conscientious, studtraus, courteous, patient, and Judges should conduct proceedings in court with
punctual in the disc arge of their judicial duties, d'9""Y and tn a manner that reflects the importance
mgggnlltttg that "me ° |'“98nts, witnesses and and seriousness ol proceedings, They should
coUn5e| is of value (NEW CODE OF JUD/C]/.u_ néagntain order and proper decorum in the court
CONDUCT FOR THE PHILIPPINE JUD[CjARy 3 0:55 OF JUDICIAL CONDUCT, CANON 3, Rule
[Annotated], supra at 36).
A5 such, judges should act with decorum toward Inherent Power of the Couri
Jurors, parties, court staff, and spectators alike. If the Eve
court environment is intimidating or biased (he court ludhzrgfigg 0'33 S‘the
Ice, mherem power
the conduct of to
its comm" in
ministerial
"Se" may deter and limit access to justice (ld.). Officers. and of all other persons in any manna,
connected with a case before it in every meme,
connected appertaining thereto (RULES OF
section 4 - Jud9es shall not knowingly COURT, RULE 135, Sec, 5 (d)).
permit court staff or others subject to his or
her influence, direction. or control to
differentiate between persons concerned, in
a matter before the Judge, on any irrelevant CANON 6: COMPETENCE
g|'OUf\d.
AND DILIGENCE
Members of the court staff and persons under the
direction of the judge should be instruments, as well,
in the orderly administration of justice. They can COMPETENCE AND DILIGENCE ARE PRE-
either assist in its smooth administration or REQUISITES T0 THE DUE PERFORMANCE OF
contribute to its undue hamper. It is the task of the JUDICIAL OFFICE.
judge to ensure that these persons do their part in
me proper administration of justice. Inappropriate A member of the judiciary “must be a person of
¢gndUCl of the court staff towards the party litigants proven competence" (CONST., Art. VIII, Sec. 7, par.
should be_the accountability of the judge, The (3))-
judge's failure _ t0 Pf°PeF|_y supervise his staff Diligence
constitutes negligence on his part (FUNA, supra at lt is the quality of a person characterized by his
483). earnest willingness and capability to promptly do or
undo what is required by the nature of obligation or
Judges should organize their courts to ensure the duty, in accordance with existing rules (PINEDA,
pj-Qmpt and convenient dispatch of business and supra at 208).
should not tolerate misconduct by clerks, sheriffs,
and other assistants who are sometimes prone to Judges must be conscientious, studious, and
expect favors or special treatment due to their thorough, obsen/ing utmost diligence in the
professional relationship with the judge (CANONS performance of their judicial functions. They have to
OF JUDICIAL ETHICS, Canon 8). “exhibit more than just cursory acquaintance with
statutes and procedural rules." Moreover, they must
All personnel charged with the dispensation of require court personnel to observe at all times high
justice should conduct themselves with a high standards of public service and fidelity (Villanueva-
degree of responsibility. The image of a court, as a Fabella v. Lee, A.M. No. MTJ-04-1518, January 15.
true temple of justice, is mirrored in the conduct, 2004).
official or otherwise, of the men and women who
work thereat (Mataga v. Rosete, A.M. No. MTJ-03- Even though a judge may not always be subjected
1488, October 13, 2004). _ to disciplinary action for every erroneous order or
decision he renders, that relative immunity is not .a
Section 5 - Judges shall require lawyers in license to be negligent or abusive and arbitrary in
proceedings before the court to refrain from performing his adjudicatory prerogatives. It does not
manifesting, by words or conduct, bias, or mean that a judge need not observe propriety.
prejudice based on irrelevant grounds, discreetness, and due care in the performance of his
official functions. This is because if judges wantonly
except such as are legally relevant to an misuse the powers vested on them by the law,_there
issue in proceedings and may be the subject will not only be confusion in the administration of
of legitimate advocacy. justice, but also oppressive disregard of the basic
requirements of due process (D_/Pail/3" V-
Mangotara, A.M. No. RTJ-09-2190, April 23, 2010).
JUDICIAL ETH|Qs i
Legal and Judicial Eihjca
Section 1 - The judicial duties of a judge take

precedence over all other activities.
its'"°“°§°iif§%”§JZa"‘I"“
legal Pfl"°'P_'°5-_ '"d°° no faithf It 0 J“°'°iai
Conduct enj0In5l\1d9°5 ‘° ta H‘: olhelawand
Judges cannot malinger or refrain lrom their duty to maintain professional compo ;9flCt_i- tlidges ewe “to
the public and to the legal pro ession 0 k|10wjhe law
decide complicated or controversial cases. Unless. he is supposed to 8PP|Y _ l0 a given
there are clear and valid grounds for their controversy (Dadap-Malinao v. Mijares, AM No
disqualification or inhibition, they must not recuse RTJ-99-1475, December 12, 2001). -
from such cases (PINEDA, supra at 212)- _
No judge or court shall decline to render jud9m°"l A member of the bench must continually keep
by reason of silence, obscurity, or insuft'iciancY °f the himself abreast of legal and iurispwdeima,
laws (CIVIL CODE, Art. 9). developments and show acquaintance with statutes
procedural rules, and authoritative dQc[rines'
illustration: _ _ _ (Macalintal v. Teh, A.M. RTJ-97-1375, October 16'
Respondent judge's habit of watching. televiSIOii 1997).
during office hours, an unofficial activity to take
precedence over the conduct of hearings IS a patent The process oflearning the law and the legal system
derogation of Sections 1 [and 2] of Canon 6. The
Court has stressed time and again that "decision- is a never-ending endeayor. he"°e- Judges should
always be vigilant in their quest for knowledge so
making is the primordial duty of a- member of the
bench‘ (Re: Anonymous Complaints Against Hon. they could discharge their duties and responsibilities
Bandong, A.M. No. RTJ-17-2507, October 9, 2017); with zeal and fervor (Off/C9 °f "19 Conn
Administrator v. Mendoza, A.M No. 00-1281-MTJ'
Section 2 - Judges shall devote their September"I4, 2000)-
professional activity to judicial duties, wheir e judge displays an utter unfamiliarity with the
which include not only the performance of law and the rules, he erodes the confidence of the
judicial functions and responsibilities in public inthe courts. A judge °‘_"e$ _t° the Public and
court and the making of decisions, but also
other tasks relevant to the judicial office or
the court's operations. I '
the court the duty to be proficient in the law and is
expected to keep abreast of laws and prevailing
jurisprudence. Ignorance of the law ‘by a judge can
l
easily be -the mainspring of injustice (CO!puz v_
Duties of Judges: » ' V Siapno, A.M. No. MTJ-96-1106, June 17, 2003).
1. Judicial Duties ‘ i
- refer to the actual administration of justice Gross lgnoran_ce\of the Law
such as, but not limited to hearing and deciding When 'a law orja rule is basic, judges owe it to their
cases on the merits (ANTIQUIERA, supra at office to simply apply the law. Anything less is gross
146). ignorance of the law. There is gross ignorance of the
law when an error committed by the judge wee
2. Administrative Duties " _ gross, patent, deliberate, or malicious. It may also be
- refer to the administration ' of court committed when a judge ignores, contradicts, or fails
employees assigned to the sala of the judge to apply settled law and jurisprudence because of
including supervision of their daily tasks, bad faith, fraud, dishonesty, or corruption. Gross
efficiency, and effectiveness (Id.). ignorance of the law or incompetence cannot be
excused by a claim of good faith. When an error is
Illustration: so gross and patent, such error produces an
This section is violated when there is failure to keep inference of bad faith, making the judge liable for i
records or handle funds in compliance with court gross ignorance of the law (Chua Keng Sin v,
rules (NEW CODE OF JUDICIAL CONDUCT FOR Mangele, A.M. No. MTJ-15-1851, February 11,
THE PHILIPPINE JUDICIARY [Annotated], supra at 2015).
40).
Ignorance of the law is a mark of incompetence and
Section 3 - Judges shall take reasonable where the law involved is elementary, ignorance
steps to maintain and enhance their thereof is considered as an indication of lack of
knowledge, skills, and personal qualities integrity. In connection with this, the administration
necessary for the proper performance of of justice is considered a sacred task and upon
judicial duties, taking advantage for this assumption to office, a judge ceases to be an
purpose the training and other facilities ordinary mortal. He or she becomes the visible
which should be made available, under representation of the law and, more importantly, of r
judicial control, to judges. justice (Office of the Court Administrator v.
Necessario, A.M. No. MTJ-07-1691, April 2, 2013).
7 H
t/I0 Court /lrlrnlrr/slrulor v. Nucossar/0, or al.

l'l | I1 etratlonli I Protection
lssumg n Temporary _ Order (TPO) In
p AM. N0. MTJ-()7-I691, /lprrI2, 2013).
. m\/OI OI a husband when a TPO camel bu
Bad Faith is a Necessary Element of Gross
Issued in Iavor ol a man against his wile under Ignorance of the Law
RA No. 9262, the Ant|—V|olence Against GENERAL RULE: Not every error or mistake
wgmen and Their‘Ch|ldren Act ol 2004. Indeed,
as ,1 iamily court judge, Judge Arcaya-Chua ls °°m"‘m°d by H judge in the exercise ol his
adjudicative lunctions renders him liable. To hold a
expected to know the correct implementation oi judge administratively liable lor gross Ignorance oi
RA No. 9262 (Ocampo v. Arcaya-chug, AM the law, the assailed decision, order, or act ol the
OCA IPI No. 07-2630-RTJ, April 23, 2010); judge in the performance ol his judicial duties must
Una; disregard of the laws and rules of not only be contrary to existing law or jurisprudence,
2.
pmcedure, to wit: the immediate archiving oi the but must also be motivated by bad Iaith, lraud,
qiminal case for hazing without Specifying any dishonesty, or corruption on his part (Ortega Jr., v.
gmunds therefor; the recall of the warrant of Dacara, A.M. No. RTJ-15-2423, January 11, 2017).
arrest which _ she claimed were issued
inadvertently without any explanation as to such EXCEPTION: Where the issues are so simple and
inadvertence, and the hasty dismissal of the the applicable legal principles evident and basic as
case without taking into consideration the to be beyond possible margin of error (Corpus v.
resolution of the Office of the City Prosecutor Ochotoresa, A.M. No. RTJ-04-1861, July 30, 2004).
and evaluating evidence in support thereof.
These acts displayed her lack of competence Section 4 - Judges shall keep themselves
and probity (Marcos v. Cabrera-Faller, A.M. No.
informed about relevant developments of
RTJ-16-2472, January 24, 2017);
3_ R efusing to issue a writ of execution . The international law, including international
issuance of a writ of execution for a final and conventions and other instruments
executory judgment is ministerial. A judge is not establishing human rights nonns.
given discretion whether or not to implement the
judgment. He is to effect execution without delay Norms of intemational law become the concern of
and supervise implementation strictly in judges because they form part of legal standards by
accordance with the judgment (Carbajosa v. which their competence and diligence required by
Patricio, A.M. No. MTJ-13-1834, October 2, this Code are to be measured (NEW CODE OF
2013);
JUDICIARY [Annotated], supra at 43).
4. Assuming jurisdiction over a Rule 65 petition
when it should have been dismissed for the
petitioner's failure to exhaust administrative Section 5 - Judges shall perfonn all judicial
remedies (Uy v. Flores, A.M. No. RTJ-12-2332, duties, including the delivery of reserved
June 25, 2014); - decisions, efficiently, fairly and with
5, Granting ex parte motions to allow temporary reasonable promptness.
liberty without setting the same for hearing is
gross ignorance of the law. It is basic that bail Justice shall be impartially administered without
cannot be allowed without prior hearing, and that unnecessary delay (RULES OF COURT, RULE 124,
litigious motions that do not contain a notice of Sec. 1). .
hearing are nothing but useless piece of paper
which the court should not act upon (Balanay v. Reglementary Period for the Judiciary to Render
White, A.M. No RTJ-16-2443, January 11, Judgments:
2016); and . 1. 24 months for the Supreme Court;
6. Solemnizing marriages under Article 34 of the 2. 12 months for all lower collegiate courts, unless
Family Code without the required qualifications reduced by the SC; and
and with the existence of legal impediments, 3. 3 months for all other lower courts (CONST.,
such as minority of a party, is gross ignorance of Art. VIII, Sec. 15, par. (1)).
the law. The affidavits of cohabitation should not
be issued and accepted proforma particularly in NOTE: A case or matter shall be deemed submitted
view of the settled rulings of the Court on this for decision or resolution upon the filing of the last
matter. The actions of the judges have raised a pleading, brief, or memorandum required by the
very alarming issue regarding the validity of the Rules of Court or by the court itself (CONST., Art.
marriages they solemnized since they did not VI/I, Sec. 15, par. (2)).
follow the proper procedure or check the
required documents and qualifications (Office of
JUDICIAL ETH|Q i
Legal and Judicial Elm:
rorjuosl from the Court, anrl jiistily to it, 5|" ,mW

REASON: "tho honor and integrity of the judioiury is of time to resolve or decide the poriding "mum "iii,
nieasurnd not only by the fairness and correfilllllfifi Court would almost always grant salt] Iwlig,
of tho tlt‘t‘iSl0llS roiirlerud, but also by tiio olliciencY
aware as it is of the caseload of judges and nmirnj
with which disputes are resolved. Thus, judges must of the numerous difficulties which 3 judge irltiil
perform their official duties with utmost diligence ll encounter in the timely disposition of cases (R0('n?I,
public confidence in the judiciary is to be preserved of Peter Rlsflg !orAssisfance Regerrlirig the D9,'U"fll
(Edarlo v Asdala, AM N0. RTJ-06-2007, the Proceedings of Crlmlrwl Case No, g5_22';Y"i
December 6. 2010).
MTCC, Br. 6, Cebu Clty, A.M. No. 02-5-107_MT jfi.
December 9, 2004)- ("2
Prompt disposition of cases is attained basicaiiii
through the efficiency and dedication lo dulY 0'
Nevertheless, the judge must not sacrifice
judges. if judges do not possess those traits, delay
expedlencys sake the fundamental requiremem '°'
in the disposition of cases is inevitable to the
prejudice of the litigants. Accordingly, judg6S 5h0U|d due process nor to forget that he "flit
be imbued with a high sense of dutil and conscientiously endeavor each time to Seek ‘list
responsibility in the discharge of their obligation to truth, to know and aptly apply the law, and [0 (“Sp he
administer justice promptly (Dulang v. Regencia, of the controversy objectively and impartially 31,80
A.M. No. MTJ-14-1841 (Resolution), June 2, 2014). the end that justice is done to every par-jy (YO'Un to
De Guzman, A.M No. RTJ -96-1365, Februgryg1V'
Ninety-Day Period for Lower Courts ‘ 1999). ii
Section 15(1), Article Vlli of the Constitution requires
lower court judges to decide a case within the period Time Limit Merely Directory to SC i
While the 24-month period provided under the 198
of ninety (90) days. Rules prescribing the time within
which certain acts must be done are indispensable Constitution is persuasive, it does not summa,j|7
to prevent needless delays in the orderly and speedy bind the Supreme Court to the disposition or casell
disposition of cases. Thus, the ninety (90)'d3Y brought before it. It is a mere directive to Bflsure ‘his
period is mandatory. This mandate applies even to Court's prompt resolution of cases, and should not
motions or interlocutory matters or incidents pending be interpreted as an inflexible rule. Being (he mun
before a magistrate. Any delay, no matter how short, of last resort, the SC should be given an gmpje
in the disposition of cases undermines the people's amount of time to deliberate on cases pgndjn
faith and confidence in the judiciary; it also deprives before it. lneluctably, leeway must be given jg
the parties of their right to the speedy disposition of magistrates for them to thoroughly review and reflgcj
their cases (JunIo v. Cacatlan-Beltran, A.M. No. on the cases assigned to them. The Court notes thaj
RTJ-14-236, January 13, 2014). all matters brought before it involves rights which are
legally demandable and enforceable. it would be aj
Judges must resolve matters pending before them the height of injustice if cases were hastily decided
promptly and expeditiously within the constitutionally on at the risk of erroneously dispensing justice (R9.
mandated three-month period. If they cannot comply Elvira N. Enalbes, A.M. No. 18-11~09.3¢
with the same, they should ask for an extension from (Resolution), January 22, 2019).
the SC upon meritorious grounds. The rule is that the
reglementary period for deciding cases should be Nonetheless, the prescribed time limit should not be
observed by all judges, unless'they have been ignored as to render nugatory the spirit which
granted additional time (Office of the Court breathes life to the letter of the 1987 COnstituljQn_
Administrator v. Mantua, A.M. No. RTJ-11-2291, Ultimately, courts must strike an objective and
February 8, 2012). reasonable balance in disposing cases promptly
while maintaining judicious tenacity in interpreting
Reckoning Date of the 90-day Period and applying the law (Re: Elvira N. Enalbes, A.M,
The ninety (90)-day period for. deciding the case No. 18-11-09-SC (Resolution). January 22, 2019).
shall commence to run from submission of the case
for decision without memoranda; in case the court NOTE: An examination of the decisions of the
requires or allows its filing, the case shall be Supreme Court administratively disciplining judges
considered submitted for decision upon the filing of for failure to decide cases within the required period
the last memorandum or upon the expiration of the shows that they involve judges of trial courts, and not
period to do so, whichever is earlier (Olaguer v. justices of appellate courts and collegiate courts
Ampuan, A.M. No. MTJ-10-1769. October 6, 2010). (AGPALO, supra at 613).
Extension of Time in Disposition of Cases Liability for Delay

Whenever circumstances do arise that could render Non-compliance with the periods prescribed under
judges incapable of seasonably acting on and Section 15, Article Vlll of the 1987 Constitution
deciding a case, all that a judge should do is to constitutes gross inefficiency, and, perforce.
7
i‘tE.ii ?l;i .Y..i.iD

Qt fill
warrants- the imposi

'
‘ kvillllllll Cgntgq
‘lion of adminlstr awe

' sancuons
.
agarnst the detaugtiifi lucljge (Marcelo v. Pichay, A_ /l,1_ Respondent judge herein is guilty Of W055
No, MTJ-l3-I83 . arc 12. 2014)_ inefficiency because of failure lo resolve the
motion to remove doubt as to complainafll'5
B regulation. 3 ludge mail fl0l receive his sala entitlement to a preliminary injunction.
wiere a number of cases ren1ain_unresolved. Meg Unexplained delay of the judge in issuing Said
So‘ 3 judge who collects his salary upon a rarse motion is inexcusable, unwarranted, and
cerrjrroation that he has resolved the required unreasonable (Sunico v. Gutierrez, A.M. N0-
number of cases is guilty of dishonesty and gross RTJ-14-4291, February 21. 2017).
misconduct (R5 Request '0' the Expeditious
Resolution of Civil Case No. 92-07-117, A.M. No NOTE: Judgments are required to be in writing. The
RTJ~96-1337. August 5, 1998). ' facts and the law on which they are based must be
r;l4e)arly expressed therein (CONST., Art. V/ll, Sec.
A judge may be subject to an administrative fine for
inefficiency, neglect, and unreasonable delay in
elevating the records of a civil case to the CA, A Section 6 - Judges shall maintain order and
delay of three years in the transmission of court decorum in all proceedings before the court
rooords to the ‘appellate court, where a period of 30 and be patient, dignified and courteous in
days is required, is inexcusable (Pantaleon v_ relation to litigants, witnesses, lawyers and
Guadiz, A.M. No. RTJ-00-1525, January 25, 2000). others with whom the judge deals in an
official capacity. Judges shall require
Basis: The aforementioned. liability stems from the similar conduct of legal representatives,
obligation of the judge, as an administrative officer
of the court, to organize and supervise the court court staff and others subject to their
personnel to ensure the prompt and efficient influence, direction or control.
dispatch of businessand require at all times the A judge should always observe courtesy and civility.
observance of high standards of public service and He must also be temperate, patient, and courteous
fidelity (Pantaleon v. Guadiz, A.M. No. RTJ-00-1525, both lf'l| conduct and language, especially to those
January 25, 2000). appearing before him. Judicial decorum requires a
magistrate to be at all times temperate in his
Ajudge ought to know the cases submitted to him language, refraining from inflammatory or excessive
for decision or resolution, and is expected to keep rhetoric, or from resorting to language of vilification.
his own record of cases so that he may act on them He must also look respectable and be properly
promptly without undue delay. lt is incumbent upon attired (FUNA, supra at 491).
him to devise an efficient recording and filing system
in his court so that ‘no disorderliness can affect the A magistrate must exhibit that hallmark judicial
flow of cases and their speedy disposition. A judge temperament of utmost sobriety and self-restraint
cannot take refuge behind the inefficiency or which are indispensable qualities of every judge
mismanagement by court personnel. Proper and (Rodriguez v. Bonifacio, A.M. No. RTJ-99-1510,
efficient court management is as much his November 6, 2000).
responsibility. He is the one directly responsible for
the proper discharge of his official functions (Office A judge should be courteous to counsel, especially
of the Court Administrator v. Villanueva, A.M. No. to those who are young and inexperienced and also
MTJ,-96-1077 (Resolution), September 18, 1997). to all those others appearing or concerned in the
administration of justice in the court (CANONS OF
When judges required to renderjudgment earlier JUDICIAL ETHICS, Canon 10).
than the prescribed reglementary period
1. Under the Revised Rule on Summary Illustrations:
Procedure, 1*‘ level courts are only allowed 30 1. Respondent judge was guilty of committing acts
days following receipt of last affidavit and unbecoming of a judge and abuse of authority
position paper, or expiration of the period to file, when he shouted invectives and threw a chair at
within which to render judgment. Herein judge the complainant, resulting in injuries to the
did not render judgment for 20 months and complainant. Thus, he was suspended from
counting (Garado v. Gutierrez-Torres, A.M. No. office (Briones v. Ante, Jr., A.M. No. MTJ-02-
MTJ-11-1778, June 5, 2013); and 1411, April 11, 2002).
2. A motion for reconsideration of an interlocutory 2. Respondent judge was found guilty of serious
order should be resolved within a reasonable misconduct and inefficiency by reason of
length of time in view of its urgency, and not the habitual tardiness. He was fined and suspended
90-day period in the Constitution. Othen/vise, the for judicial indolence (Yu-Asensi v. Villanueva,
issue may become moot and academic. A.M. No. MTJ-00-1245, January 19, 2000);
JUDICIAL zrrrrc
‘
e
3 Respoiidunt judge appeared arrogant and Vocatl0nalIClvlc/Charitable Activities
boastful in the eyes of the complainant and the A judge may engage in the following am”
|<‘WYers who practice in his sala when he provided that they do not interfere with IilQS
professed exasperation over minor procedural performance of judicial duties or detract from the
mistakes or negligible lapses. He also displayed dignity of the court: (wees) "ts
a condescending attitude toward lawyers in the 1. flrlte, lecture, teach, and speak on "OMB
provinces when he implied that they were subjects; 93'
inferior to lawyers from Manila (De La Cruz v. 2. Engage in the arts, sports, and Other spec.
Carretas, A.M. No. RTJ-07-2043, September 5, recreational activities; '3'
2007). 3. Earticipate in civic and charitable activities; an
-t. Respondent judge exhibited conduct 4. §erve as an officer, director, trustee, or no:
unbecoming of a judge when she berated the legal advisor of a non-profit or non-p0|mca|'
counsel for complainant for not having educational, religious, charitable, and fraternal‘
graduated from the University of the Philippines or civic organization (CODE OF JL/D/CIAL
College of Law. An alumnus of a particular law CONDUCT. Rule 5.01).
school has no monopoly of knowledge of the
law. For a judge to determine the fitness or Financial Activities
competence of a lawyer primarily on the basis of A judge shall refrain from financial and business
his alma mater is clearly an engagement in an dealings: (All)
argumentum ad hominem. A judge must 1. That tend to reflect Adversely on the counts
address the ments of the case and not the impartiality;
person of the counsel (Mane v. Be/en, A.M. No. 2. That interfere with the proper p8TfOlTl'l8nce or
RTJ-08-2119, June 30, 2008). judicial activities; and
3. That increases involvement with lawyers or
Section 7 - Judges shall not engage in persons likely to come before the court (C095
conduct incompatible with the diligent OF JUDICIAL CONDUCT, Rule 5. 02).
discharge of judicial duties. '
REASON: A judge should refrain from financial and
This section covers all other questionable or doubtful business dealings that tend to adversely affect
conduct of a judge. The judge must always align his the court's impartiality and interfere with the proper
conduct with the office which he holds. It is not the peiformance of their judicial activities or increase
public‘s perception that should be adjustable but involvement with lawyers or persons likely to come
rather the judge's conduct which should align itself before the court. ‘Judges must not be distracted from
with the public‘s perception ‘of a magistrate's the perfonnance of their judicial duties by other
conduct. Ultimately, the judge must serve the people lawful enterprises (Mendoza v. Judge Diasen, Jr_,
by rendering justice where justice is due (FUNA, A.M. No. MTJ-17-1900, August 9, 2017).
supra at 494). " ~ V ~
NOTE: Ajudge should manage his investments and
Illustrations: other financial interests to minimize the number
1. A judge neglected his duty when he failed to of cases giving grounds for disqualification (CODE
exercise extra care in ensuring that records of OF JUDICIAL CONDUCT, Rule 5. 02).
the cases and official documents in his custody
were intact. Judges must adopt a system of Subject to the provisions of the preceding rule, a
record management and organize their dockets judge may hold and manage investments but should
in order to bolster the prompt and efficient not serve as an officer, director, manager, advisor,
dispatch of business (Beso v. Daguman, A.M. or employee of any business except as director of a
No. 99-1211, January 28, 2000). family business of the judge (CODE OF JUDICIAL
2. By issuing orders indefinitely postponing the CONDUCT, Rule 5.03).
hearing of election protest, the judge was
negligent in her duties, tantamount to Prohibition to Serve as Executor, Administrator,
inefficiency in the disposition of election protest etc.
case (Dela Cruz v. Pascua, A.M. No. RTJ-99- GENERAL RULE: The judge shall not serve as (a)
1461, June 26, 2001). executor, (b) administrator, (c) trustee, (d) guardian,
and (e) fiduciary (CODE OF JUDICIAL CONDUCT,
Regulation of Extrajudicial Activities Rule 5.06).
A judge should regulate his extrajudicial activities
so as to minimize the risk of conflict with judicial REASON: To limit a judge's involvement in the
luties (CODE OF JUD/C/AL CONDUCT, Canon 5). affairs and interests of private individuals to minimize
the risk of conflict with his judicial duties, and to allow
him to devote his undivided attention to the
|1EMi2;RY AID
a.‘.“uw.gyC uttuw R\K'fHIO|,_‘u‘\. cw“
pedormame oi his official lunctions, when

0'‘i°§f;l2h.:.i;:::;::
prcpentfis ° p l. di
1 »
_~ -j 9 "ins the risk ol
or " All public officials and employees, except those who
serve in an honorary capacity, laborers and casual
lo5in9 "I5 neutra ity an _mpartiality_
j especially
I when or te lnncrary workers, shall tile
- under oath their
ma rnterests of his D""¢lDfll conflictA with rh ose of Statement of Assets, Liabilities and Net Worth and a
me lmgant who comes belore his court Disclosu re ol Business Interests and Financial
LucmayO])' NO. (Lopez v.
Sepfelnber 24'
Connect‘ Aionsyand those of their~ spouses and
gi)14l~ ‘unmarried children under eighteen (18) years of age
'V'"9 in their households (R.A. No. 6713, Sec. 8(A)).
EXCEPTION: When h m hthe estate,
_" trust . ward, or
porscn 7°’ W ° 9 W'_ act as executor It is imperative that every pubilo Qfflcjaj or
~
administrator , trustee,_ guardian
4 or _ fiduIciary
' is' a' 90\/Brnment employee m st
member of his immediate family — which is limited io complete u make and
" " submit a
worth in disclosure
order to of h‘is asses,
1 |'iabilities and net
me 5pOUS8 and relatives within the _ sec On d degree suppress
ofCOn53pgUll1lty“— provided that the ]udg3'5 services accumulation
as fiducrgryy sha not interfere with the performance the govemmeof wealth - This senzlsya
_ sqilhesnonable
_e basis of
_ nil and the people in monitoring the
or his judicial functions (CODE OF income and lifestyle of public officials and
C0/i/DUC T, Rule 5. 06). JUDICIAL employees in compliance with the constitutional
policy to eradicate corruption, to promote
As 3 f3ml|y‘fiduciarYi 8 judge shall not: transparency in government and to ensure that
1_ serve in pyoceedings that might?c>me before government employees and . officials lead just andall
rho court o said judge. or modest
_ _ I‘ives, with
' the end in' view
' of curtailing
" and
2_ Act as such contrary to Rules 5.02 to 5.05. minimizing the opportunities for official corruption
A judge should: and maintaining a standard of honesty in the public
a_ Refrain from financial and business dealings service (Office of the Court Administrator v. Usman,
that tend to reflect adversely on the court's A.M. No. SCC-08-12, October 19, 2011).
impartiality, interfere with performance of
judicial activities, or increase involvement The requirement for public officers, in general, to
with lawyers or persons likely to come divest themselves of business interests upon
before the court (CODE OF JUDICIAL assumption of a public office is prompted by the
CONDUCT, Rule 5.02); need to avoidconflict of interests. ln the absence of
b_ Refrain from serving as officer, director, any showing thata business interest will result in a
manager, advisor, or employee of any conflict of interest, divestment of the same is
business, except as director of a family unnecessary, although the public officer is
business of the judge (CODE OF JUDICIAL nonetheless required to make a disclosure of his
business interest in his SALN (Rabe v. Flores, A.M.
CONDUCT, Rule 5.03); No. P-97-1247, May 14, 1997).
¢_ Refrain from accepting a gift, bequest, factor
or loan from anyone, except as. may be Prohibition to Be Appointed in Quasi-Judicial
allowed by law (CODE OF JUDICIAL and Administrative Agencies .
- CONDUCT, Rule 5.04); and A judge shall not accept appointment or designation
. o, Refrain from using or disclosing information to any agency performing quasi-judicial or
which were acquired in a judicial capacity for administrative functions (CODE OF JUDICIAL
purposes not related to judicial activities CONDUCT, Rule 5.09).
(CODE OF JUDICIAL CONDUCT, Rule
5.05). The members of the SC and of other courts
established by law shall not be designated‘ to any
NOTE: The relationship _ mentioned is by agency performing quasi-judicial or administrative
consanguinity and not by affinity. functions (CONST., Art. VIII, Sec. 12).
- ' an attorney-in-fact is within the Prohibition to Engage in Political Activities
Be:sj%rfi,ngfs'%if1le\rgffi1suciary" as used in Rule 5.06 of A judge is entitled to entertain personal viewson
F; Qode of Judicial Conduct (Lopez v. Lucmayon, political questions. But to avoid suspicion of political
A M. No. MTJ-13-1837, September 24, 2014). partisanship, a judge shall not make political
speeches, contribute to party funds, D_l-lP|'¢iY
endorse candidates for political _of_fi_ce or participate:
Fin.a:cia|§1i:|‘|:k::l:: full financial disclosure as in other partisan political activities (CODE O
Aqlffirgg
re by law (0005 OF JUDICIAL CONDUCT. JUDICIAL CONDUCT, Rule 5.10).
Rule 5.08). _
UDICIAL ET
JLegal and Judiclamgg
I
G oun da tor Disqualification and lnhjbmo
Judges Under the Rules of Court: " or
ADMINISTRATIVE 1. Mandatory or compulwrv D|5quaIlt|c,"o
JURISDICTION OF THE (PREP) _ _ _ "1
3, When lie, or his wile, or child is Eecuma
SUPREME COURT interested as heir, legatee, crediio, ml
otherwise; _ ' °'
b. When he is Belated to either party wjjmn in
sixth (6th) degree bi consanguinity Qf amnntl
The Supreme Court shall have administrative or to counsel within the fourth (40,) civjl
supervision over all courts and the pers onnel thereof degree;
(CONST.. An. Vi/I, Sec. 6). C. When he has been an gxecutor, guardia
administrator, trustee or counsel; or “I
The Supreme Court En Banc shall have the power to d. When he has [resided in an inferior co“ l
discipline judges of lower courts or order their where his ruling or decision is subjeq jn
dismissal by a vote of a majority of the Members who review (RULES or COURT, RULE 137)_ °
actually took part in the deliberations on the issues
in the case and voted thereon (CONST.. Art VIII, REASON: No judge should preside in a case in
Sec. 11). which he is not wholly free, disinteresteq
impartial and independent. judge has both the"
This grant empowers the Supreme Court to oversee duty of rendering a just decision and the dujy 0'
the judges‘ and court personnel‘s administrative doing it in a manner completely free from
compliance with all laws, rules, and regulations, and suspicion as to its fairness and as to his integrijy
to take administrative actions against them if they The law conclusively presumes that a judgé
violate these legal norms (OCA v. Judge Ruiz, A.M. cannot objectively or impartially sit in such a
No. RTJ-13-2361, February 2, 2016).
case and, for that reason, prohibits him and
Supervision over the Judicial and Bar Council
strikes at his authority to hear and decide it, in
the absence of written consent of all parties
The exercise of the JBC's discretion‘ in the
nomination process is not full as_it is limited by the
concerned. The purpose is to preserve the
people's faith and confidence in the courts of
requirements prescribed by the Constitution and the justice (Garcia v. Dela Pena, A.M. No. MTJ-92.
l
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
expressly subjected to the Court's supervision. l

Judicial encroachment upon the exercise of wisdom When Withdrawal is Compulsory
i
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
supen/ision over the JBC, to insure that the JBC

faithfully executes its duties as the Constitution Effect of Compulsory Disqualification
requires of it (Republic v. Sereno, G.R. No. 237428, The disqualification of a person called upon to
May 11, 2018). preside over a specific case does not divest his
court of jurisdiction over the subject-matter of or
the persons of the parties to the said case. At
most, the disqualification strikes only at the
DISQUALIFICATION OF authority of the challenged judge to preside over
the trial of the specific case and therein to
JUDICML OFFICERS exercise the jurisdiction of the court. important is
the distinction between the jurisdiction of the
(RULE 137) court and the authority of the judge called upon
to exercise such jurisdiction. A judge may be
disqualified to try, sit in or act in a specific case.
l
\ I
M EM/QRY AI D
M, “,3 umuutt (tinge (ll law it(ti_‘i liq ti\,.,.“m“ mm
but his disqiiriliticiillon does not tlustn,

jurisdiction ol the court which he presides. ¥il‘uh;) Wltfvlioiisu Club, inc. v Miirl/nnri. G.R. N0
.t sub50qlI6"l|V the iudgmeni oi rt disqualified "1397? (Notice). /tpril to, 201/)
judge should be set aside as null and void by Q
nlgher court, the nullity stems not from the Th"whlch
"1 il1dt1e's
he U0 i.l t gnconllnuo hearing a case
‘S :1u:‘<>|g
court's lack oi jurisdiction but from the absencg . 9 Y prohlbltod lrom l 'Y"9
i
or authority on the part oi the disqualified judge riotwiih t u
to try the given case (Geotina v. Gonzalez, GR not conssliilzlenrgifggiillgizaggrtgrh:xgg:J‘tC"h"Y mliily
No, t-26310. September 30. 1971). ' Case
w eret
rejauo has
M Generated strained j personal0
Eflaet of Acting on a Case Dgaptte
an "S P- a"l'"0sliv, and hostility between E,
P Y or his counsel and the ' d t
gtsquatiflcation lormer has lost confidence ilnu ghee I22
A judge's continuing of the case, without written impartiality or the latter is unable to d‘ I 9
consent of all Parties. has the following effects: cold neutrality of an im rtl I d mp ay the
a. The Judge is deprived of his authority to supra at 609). pa a ‘U 99 (AGPALQ
continue to hear and decide the case. It
does not, however, divest the court of Whenever it is shown that the consistency and
jurisdiction; regularity with which a judge issued the assailed
b_ A judge who continues to hear the case in directives give rise, not to a fanciful suggestion
which he is disqualified under any of those or to a superficial impression oi partiality, but to
enumerrtiited grounds may be hejd a clear and convincing proof oi bias and
adminisratively liable thsret prejudice, a judge may be directed to inhibit
supra at 605); or (AGPALO himself from presiding over the case (Calayag v.
¢_ Any public officer who, before the question Sulpicio Lines, /nc., G.R. No. 221864,
of jurisdiction is decided, shall continue any September 14, 2016).
Pf0¢§9d'"9 after having been lawfully
required to refrain from so doing, shall be Subjective Test on the Voluntary Inhibition of a
punished by arresto mayor and a fine not Judge
exceeding P500 (REVISED PENAL CODE The issue of voluntary inhibition is primarily a matter
Art. 242). ' of conscience and sound discretion on the part of the
judge. it is a subjective test, the result of which the
Voluntary Inhibition reviewing tribunal will not disturb in the absence of
A judge may, in the exercise of his sound any manifest finding of arbitrariness and
discretion, disqualify himself, for just and vattd whimsicality. The discretion given to trial judges is
reasons other than those mentioned above an acknowledgment of the fact that they are in a
better position to determine the issue of inhibition, as
(RULES OF COURT, RULE 137, Sec. 1).
they are the ones who directly deal with the parties-
REASON: No judge should handle a case in litigants in their court rooms (Kilosbayan
Foundation v. Janolo, Jr., G.R. No. 180543, July 27,
which he might be perceived, rightlyior wronglyf 2010).
to be susceptible to bias and partiality. His
judgment must not be tainted by even the Guidelines for Voluntary Inhibition
slightest suspicion of improbity or preconceived When suggestion is made of record that he might be
interest. The rule is aimed at presenting at all induced to act in favor of one party or with bias or
times the faith and confidence in courts by any prejudice against a litigant arising out of
party to the litigation (Spouses Hizon v. Spouses circumstances reasonably capable of inciting such a
Mangahas, G.R. No. 152328, March 25, 2004). state of mind, he should conduct a careful self-
examination. He should exercise his discretion in a
The import of the rule on the voluntary inhibition way that the people's faith in the courts of justice is
of judges is that the decision on whether to not impaired. A salutary norm is that he reflects on
inhibit is left to the sound discretion of the probability that a losing party might nurture at the
conscience of the judge based on his rational back of his mind the thought that the judge had
and logical assessment of the circumstances unmeritoriously tilted the scales of justice against
prevailing in the case brought before him. it him. He could in good grace inhibit himself where
makes clear to the occupants of the Bench that that case could be heard by another judge and
outside of pecuniary interest, relationship or where no appreciable prejudice would be
previous participation in the matter that calls for occasioned others involved therein. If after reflection
adjudication, there might be other causes that he should resolve to voluntarily desist from sitting in
could conceivably erode the trait of objectivity, a case where his motives or fairness might be
thus calling for inhibition (Uniwide Sales seriously impugned, his action is to be interpreted as
giving meaning and substance to the second
JUDICIAL an-tics I
DISTINCTIONS BETWEEN
paragraph oi Section t. Rule 137 (Pimeniel v. --~ ac-IALI Aflln IKIIJIDI ‘I-A‘
Salanga, G R No L-27934 (Resolution), September

18. 1967).
Decision to Voluntarily inhibit Not Conclusive

A decision to disqualify himself is not conclusive and Under the sewn‘
his competency may be determined on application Under the first paragraph, Whig
for mandamus to compel him to act (Query 0/ paragraph of Section 1
Executive Judge Estrada. A.M. No. 87-9-3918-RTC. oi Rule 137 of the Rules 9°Y°.".‘$ voiunie
inhibition, it gm?
October 26. 198 7). of Court, it '5
judges the 8XC|UgjV:
conclusively presumed prerogative to rescue
Bias and Prejudice Must Be Proven _ that judges cannot
To be disqualifying, the bias and prejudice must be actively and impartially themselves from
sit in the instances hearing cases ‘or
shown to have stemmed from an extrajudicial source reasons other than
and result in an opinion on the merits on some basis mentioned (ln Re:
other than what the judge teamed 7'0?" the Verified Complaint of those pertaining to (hair
' tion in the case (Dipaluan_ v. Judge
participa Venusto D. Hamoy, Jr., pecuniary interest
IPI No. 17-249-CA-J. relation, previous:
Mangotara, A.M. No. RTJ-09-2190. April 23. 2010)- connection, or previous
The mere imputation of bias or partiality is not September 15, 2017).
rulings or decisions (In
enough ground for inhibition, especially when the R9.‘ Verified CQmp'ain'
charge is without basis (Gochan v. Gochan, G.R. of Venusto D. Hamoy
No. 143089, February 27, 2003). '
Jr., IPI No. 17-249-¢,ij
J, September 15
Extrinsic evidence must further be presented to 2017). '
establish bias, bad faith, malice, or corrupt purpose,
in addition to palpable en'or which may be inferred
from the decision or order itself (Aleria, Jr., v. Velez,
G.R. No. 127400, November 16, 1998). The Rules enumerate The Rules do not
the specific and expressly enume,-aye
There must be a proof of act or conduct of the judge exclusive grounds the specific grounds for
clearly indicative of arbitrariness or prejudice before under which any judge inhibition but mefejy
he can be branded with the stigma of being biased or judicial officer is give a broad basis
or partial (Philippine Commercial lntemational Bank disqualified from acting thereof, i.8. good
v. Dy Hong Pi, G.R. No. 171137, June 5, 2009). ' as such (RULES OF sound or ethical
COURT, Rule 137). grounds. (RULES 0;:
When Judges May Choose Not to Voluntarily COURT. Rule 137).
inhibit -. F
1. inhibition is not allowed at every instance that a . Astetiie judge's discretion
schooimate or classmate appears before the
judge as 'counsel for one of the parties. in. one The rules give the The rules leave the
case, the Court ruled that organizational judicial officer NO matter of inhibition to
affiliation per se is not a ground for inhibition DISCRETION to try or
(Kilosbayan Foundation, et al. v. Janolo, Jr., sit in a case (RULES OF DISCRETION of the
etc. G.R. No. 180543, July 27, 2010). COURT. Rule 137). iudse (RULES oi=
2. Close personal friendship is not a ground for COURT. Rule 137). ~
inhibition, as long as that friendly relation with a
party-litigant does not influence his official
conduct as a judge. There must be convincing NOTE: The second paragraph of Rule 137 Sectio
proof that thejudge gave undue privileges in his 1 does not give judges unfettered disctetion tn
court to his close friend, or that his close friend decide whether to desist from hearing a case Tho
benefited from his personal relations with the inhibition must be for just and valid causes arid ie
judge, or the judge used his influence, if any, to this regard, the SC has noted that the met:
favour his close friend (Santos v. Lacurom, A.M. imputation of bias or partiality is not enough ground
No. RTJ-04-1823, August 28, 2006). for inhibition, especially when the charge is without
basis. The SC has to be shown acts or conduct
clearly indicativeiof arbitrariness or prejudice before
it can brand them with the stigma of bias or partiality
(Castro v. Mangrobang, A.M. No. RTJ-16-2455
(Resolution), Apri/'11, 2016).
I \,
,‘4“i§'i~i0i=<Y AID
" “.u““fl' (spy ut tau IUCI Bu Qwunnuiia Cun-
Momovgn GXUIIISIIIZ evidence is required to establish

NOTE: The SC has amended the rules tor the
p|d5, bad iaith, ma icfilgr Clfigupg Purpose. in addition disciplinary proceedings against the members of the
'0 palpable errorlug" The yl e inferred lrom the Judiciary (Rule 140, Ru/es of Court) through A.M.
ddCiSl0fl orordef I 5 _s- so °" Y9*¢9Dtion to the rule N0 18-01-05-SC, which was promulgated Oll
‘S when th8’8Ij°"lb| i£fIr0ss and patent as to October 2, 2018).
reduce an "I9 "C8 6 nerence oi bad taith or
Palm (Castro v. Mangrobang, A.M. No. RTJ-16-
T,55 (R650/IIIIOII), Apnl ii, 2016).
Pmcodupfl for Disqualification: (FTID-N‘OApp) ESTABLISHMENT OF
L Eng with the official his wntten objection, stating THE JUDICIAL
me grounds therefore;
'3
,.
The official shall thereupon proceed with the INTEGRITY BOARD (JIB)
1-ria|_ or withdraw therefrom, in accordance with
figs detennination of the question oi his AND THE CORRUPTION
disqualification; _
3_ His _t_)_ecision shall be forthwith made in writing
PREVENTION AND
and filed with the other papers in the case; and INVESTIGATION OFFICE
4_ yggggeal °f stay $_hall be allowed from, or by
reason of, his decision in favor of his own (CPIO)
<;ompeten¢Y- Um" after final judgment in the A.M. NO. 18-o1-05-SC
case (RULES OF COURT. RULE 137, Sec. 2).
NQTEI This aPP|l9$ to BOTH civil and criminal
cases. The party aggrieved, in his appeal to the Revised Guidelines for the Discipline of
appellate -court from the final judgment rendered in Justices, Judges and Court Personnel
the main case, mall raise the question of the
correctness of thedetermination of the judge of his Date issued: October 2, 2018
competency to sit in the case. in criminal cases, the
same rule applies where the accused seeks where Date of Publication: November 14, 2018
the accused seeks the disqualification of the judge. Rationale
in the event of his acquittal, the accused has no The assessment and evaluation of disciplinary
cause or complaint against the judge's ruling of non- actions as well as the conduct of administrative
disqualification (AGPALO, supra at 611). investigations of the members of the Judiciary
necessitate the organization of a permanent body
Effect of Inhibition with exclusive jurisdiction to investigate judicial
Afler the Judge had inhibited himself from a case, he misconduct and to recommend appropriate
loses jurisdiction over the said case (PINEDA, supra sanctions when proper.
at 132).
Main Features: V
1. Creation of Two Offices, which are the:
a. Judicial integrity Board (JIB); and
b. Corruption Prevention and Investigation
INITIATION OF Office (CPIO); and
DISCIPLINARY 2. Revised Guidelines for the discipline of justices.
judges and court personnel under Rule 140 of
CHARGES the Rules of Court.
Creation of the Judicial Integrity Board and the

Corruption Prevention and Investigation Office
A5 a matter of practice, the SC has assigned The SC has approved the recommendation of the
complaints against Municipal or Metropolitan Trial Technical Working Group on Judicial Integrity to
Judges to an Executive Judge of a Regional Trial create the Judicial Integrity Board and the Corruption
Court and complaints against judges of Regional Prevention and Investigation Office.
Trial Courts to a Justice of the CA, while a complaint
against a member of the CA would probably be Composition of the Judicial integrity Board
assigned to a member of the SC for investigation, The JIB shall be composed of:
report, and recommendation (SC CIRCULAR NO. 3- 1. Chairperson;
89). Retired SC Justices are now tasked for this 2. Vice Chairperson; and
purpose.
7'
JUDICIAL _E'_l'HlQ
Leg at and Judicial Eh,jca8
DISTINCTION BETWEEN JUDICIAL

3 Three Regular Members, who sliall be INTEGRITY BOARD (JIB) AND
CORRUPTIO N AND INVESTlGAT|QN
appointed lor a term ol three years wllhfliil
reappointment (Sec 3). OFFICE
Term of Office _ Id
Oi those first appointed, the Chairperson shall h0
otfice for three years, the Vice Chairperson lor tW0
years. two regular members lor two years and the Has the duty and authonty
other regular member lor one year, wllh0iil Has the duty '° to conduct lnvestlgajjon
I
reappointment. '
Appointmentlo any vacancy shall be
' me receive and act on
only lor the unexpired portion of the ififm ° ' st and/or Intelligence
complaints again surveillance or "fQgty|e'
predecessor (Sec. 3). erring justices.
judges and personnel checks on justices
Qualifications of the Members of the JIBI judges, and cow;
of the Judiciary ($60, personnel (Sec.9).
1. Chairperson and Vice Chai|’P°"9°" - 6).
- Must be retired Justices of the Suprefiifi
Court; and NOTE: The JIB may NOTE: May also conduct
be directed by the discreet investigation‘
2. Regular Members or surveillance or
- Must be either a Retired Justice of the Court SC, near conduct
formal investigation entrapment on Justices
of Appeals, Sandiganbayan or Court of Tax Judges and wurj
Appeals (Sec. 3). " on the substantial personnel who are
issues raised by the
parties (Sec. 12). subjects of anonymqus
Complaints Docket Division , or unverified complaint;
Receives grievances and complaints iagainst (Sec.9).
Justices of the Court of Appeals, the
Sandiganbayan, Court of Tax Appealsand Judges
and Personnel of the lower courts, including Sharia‘ Again st Whom ‘May the Proceedings Be
Courts, and the officials and employees of the.Office instituted _ _ _ _
of the Jurisconsult, Court Administrator, Deputy it may be instituted for the discipline of: (Jus-JudPe_
Court Administrator, Assistant Court Administrator OE)
and their personnel (Sec. 6), 1 Justices of the Court of Appeals, the
1 an g anbayan, Court of Tax Appeals;
Tdi
Corruption Prevention and. Investigation Office 2 Judges and Personnel of the lower court;
The CPIO has the following functionslpowers: ' Ficltiding the Sharia’ Courts; and
(PSEL-DI) _ . 3. Qfficials and Employees of the Office of the
1. Conduct jnvestigation and/or jntelligence, I Jurisconsult, Court Administrator, Deputy Com
§urveilIance or Entrapment operations or ' Administrator, Assistant Court Administrator and
Lifestyle check to detect and identify',Justices_, theirpersonnel (Sec. 1).
Judges, personnel, officials and employees of
the Judiciary, who commit or appear to be Manner of-instituting Disciplinary Proceedings
involved or are liable for any violations in the it may be instituted: (MV-Af_AD-A-PubMat)
New Code of Judicial Conduct, the Code of 1. Motu proprio, by the SC, in the Judicial Integrity
Judicial Conduct, The Code of Judicial Ethics, Board;
and the commission of acts specified in Rule 2. By way of a Verified complaint, supported by:
140, as amended, and other related laws; and a. 5_ffidavits of persons who have persona|
2. Conduct, on order or upon prior authority of the knowledge of the facts alleged therein; or
Supreme Court or the Chief Justice of the b. Authentic Qocuments which may
Supreme Court or the JIB, _D_iscreet substantiate said allegations;
jnvestigations or sunieillance or entrapment 3. Upon an Anonymous complaint, supported:
operations on Justices, Judges and court a. By ylic records of indubitable integrity; or
personnel who are subjects of anonymous or b. Where their Qerial averments may easily
unverified complaints or agencies, to be be verified, and may be substantiated and
involved in or connected with any of the established by other competent evidence
aforementioned acts and/or activities, and to (Sec.1).
submit its reports and recommendations to the
Chief Justice or to the Supreme Court or to the NOTE: Any complaint, whether verified and
JIB (Sec. 9). _ supported by affidavits, or anonymous and
supported by public records, will now be lodged with
the Judicial Integrity Board (JIB) (Sec. 1).
7
Q i%=\E3-t€3~i-‘E’5 :>i5 ‘Lulu
TE, comp|8ll1tS involving graft and COIIuptl0n

When Docketed as Regular Admlfiifiira tive
Matter
:21 violations ell 4 elhtciildstandards, including Disciplinary actions or proceedings initiated _bY the
ijnonllnious congzp 3'2 5- '1"? aQ8lItSt Members ol
{M Supralttd 'ou $daE be relerred to tho supreme Court, motu proprio, or on the basis oi 3
verified or anonymous complaint, records Oi’
comntllidd on EtklCS' an|_ thtcal Standards whioh documents/papers against any oi those mentioned
sha" have [h6'l£:lS o_ pre imtnarily investigating and
in Section 1(1) hereof, tiled with or submitted to the
0‘ subnttltlltg its findings end recommendations to supreme Court or, on the basis of newspaper Of
we Supreine Court en banc, in accordance with the media reports, shall be docketed, in the Supreme
mwmaj Rules of the Supreme Court (A.M. NO. 10- Court, as a regular administrative matter, for
J_20.$Ci» appropriate final action of the Supreme Court in the
absence of substantial factual issues (Sec. 4).
Anonymous Complaints Against Members of the
ch . wh°_" _D|5¢|P||I_'lary Actions instituted by the JIB
gfignymous complaints may be filed against judges, Disciplinary actions shall be instituted, motu proprio,
DU‘ they must be Siipperted by public records of by the JIB. in the Supreme Court, against any oi
indubitable integrity COUFIS have acted in such those mentioned in Section 1: (Con-Cha)
instances needing no corroboration by evidence to 1. On account of a gviction, of any of them, by
be offered by the Complainant. The burden of proof the Sandiganbayan or by the regular or special
in admtt‘llStl’3tlV8 proceedings, which usually rests courts; or
with (ho complainant, must be buttressed by 2. On account of any Qgrge in the
jnoubitabie Publicfecerds and by what is sufficiently Sandiganbayan or in a regular or special court
proven dunng the investigation. if the burden of proof for a felony or a crime defined by a special law
is not overcome, the respondent is under ho (Sec. 6).
Obhgation to prove his defense (Anonymous v,
Achas, A.M. No. MTJ-11-1801, February 27, 2013). The JIB shall submit a Report of the conviction oi
criminal action to the Supreme Court, within 10
NOTE: The standing or_ the personal interest of a days from knowledge thereof, with a
complainant is not material in an administrative case recommendation that the report be deemed, by the
against a judge or another court personnel. Because SC, as an administrative complaint against the said
such oase involves the public good, it has been held court official, and docketed as a regular
that this ‘Court's interest in the affairs of the judiciary administrative case and for the JIB to conduct an
is 3 paramount concern that must not know bounds." administrative investigation thereof (Sec. 6).
Thus, this Court has a duty to investigate charges
against court personnel, regardless of complainant's When Actions Considered as Disciplinary
standing or subsequent deslstance. in fact, it can do Actions against Members of the Philippine Bar
so on its own, even when there is no complainant An administrative case against any of those
(Be,-horde v. Fabros, A.M. No. MTJ-99-1189, May mentioned in Section 1(1), based on grounds which
12, 1999). arelikewise grounds for disciplinary actions for the
members of the Philippine Bar. under Section 27,
Requisites of a Valid Complaint _ _ Rule 138 of the Rules of Court, or for violation of the
A verified complaint or anonymous complaint shall Lawyer's Oath, the Code of Professional
be: (W-C’-AdOf-ViSta-JIB) Responsibility, the Canons of Professional Ethics, or
1. in _lLVriting; _ such other forms of breaches of conduct that have
2, Stating _Qlearly and Qonciselyz been traditionally recognized as grounds for
3, Any of the acts and omissions constituting discipline of lawyers, shall be considered as a
the Administrative Qfense/administrative disciplinary action against the respondent as a
offenses under Section 22, 23 or 24 of Rule member of the Philippine Bar (Sec. 9).
140; or
b, For y_iolations of the findards prescribed Disciplinary Actions Filed Before Compulsory
for Judges, the Rules of Court and Retirement
amendments thereof or the Code of Judicial lf a disciplinary action against any of those
" Conduct, the New Code of Judicial Conduct mentioned in Section 1(1) is filed with the Judicial
of the Philippine Judiciary or integrity Board six months before the compulsory
issuances/Resolutions of the Supreme retirement of such Justice or Judge, Court
Court; and Administrator, Deputy Court Administrator or
3. Filed with the Judicial lntegrity Board (Sec. 2). Assistant Court Administrator in the Office of the
Court Administrator for an alleged cause of action
that occurred at least a year before such filing and
shown prima facie, that it is intended to harass and
‘ca'\
JUDICIAL err-nos
tJlTtt)OtlilSS the respondent, tho Judicial integrity documents (Sec. 12).

Board shall recommend to the Supreme Court the
dismissal of said complaint and that the B. Those wherein substantial issues are raised
complainant be cited by the Supreme Court for - The JIB shall recommend to the SC than U]
indirect contempt (Sec 11). the case be considered and docketed as at
regular administrative matter and that the JG
ll the complainant is a lawyer, he may lurther be be directed to conduct formal investigatjo
required to show cause why he or she should not be of the substantial factual issues raised by mg
administratively sanctioned as a member of the parties and to submit a report and
i::i;lippine Bar and as an officer of the Court (Sec. recommendation to the SC within 60 days from
the termination of such investigation (sot; 12).
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).
DISCIPLINE OF Quo warranto as a Remedy to Remove lnvalidly

Appointed Members of the Supreme Court
MEMBERS OF THE Previous cases have laid down the principle that
during their incumbency, impeachable officers
- BENCH cannot be criminally prosecuted for an offense that
carries with it the penalty of removal, and if they are
required to be members of the Philippine Bar to
qualify for their positions, they cannot be charged
with disbarment. The proscription does not extend to
\ JUDICIAL
150' ‘ Legal and JUdlEt2.ig]HElthe|(§ 1
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
arguments. (National Power COfpQr6”

plagiarism (In matter of the charges of Adiong, A.M. No. RTJ-07-2060, ,,,,,°"-i,
plagiarlsni. etc. against Associate Justice 2011); and Y 22,
M8fldliO C. Del Castillo, A.M. No. 10-7-17- 3. Respondent judge is liable (er
SC. February 8. 2011). inefficiency for failing to adopt a eys‘€'°iii
record management in her mot
Gross Misconduct vs. Simple Misconduct Furthermore, respondent judge resohzmfi.
in order to differentiate gross misconduct from motion lor reconsideration which was rda
simple misconduct, the elements of corruption, clear way beyond the required period. There "Q0
intent to violate the law, or flagrant disregard of also a delay in sending the records “was
established rule, must be manifest in the former appealed case to the Court of Appeuh
(Office of the Court Administrator v. Viesca, A.M. No. Respondent judge violated the Codeals.
P-12-3092, April 14, 2015). Stated differently, if the Judicial Conduct which provides that Pl
misconduct does not involve any of the aforesaid judge shall dispose of the court's basin 3
qualifying elements, the person charged is only promptly and decide cases within Gris
liable for the lesser offense of simple misconduct required periods" (Bareng v. Daguhe A;
(Santos v. Rasalan, G.R. No. 155749, February 8. N0. RTJ-10-2246, June 1, 2011). ' '
2007).
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)).
NOT_E.' This prohibition Includes the act of

1 Civil Liability acquiring by assignment and shall apply to
Refusal or neglect without just cause by a
' lawyers, with respect to the property and rights
public 59“/am l0 perform his official duty
(CIVIL CODE, Art. 27); which may be the object of any litigation in which
Directly or indirectly obstructing, defeating they may take part by virtue of their profession
(CIVIL CODE, Art. 149(5)).
violating or in any manner impeding or
impairing civil liberties guaranteed by the
I b. Donations made to a judge, his wife,
Constitution (CIVIL CODE, Art. 32);
Damages in General descendants and ascendants by reason of
A public officer is not liable for damages his office are void (CIVIL CODE, Art. 739).
which a person may suffer arising from the 2. Criminal Liability
just performance of _his official duties and
Revised Penal Code
within the scope of his'assignecl tasks. An Knowingly rendering an unjust judgment
officer who acts within his authority to (REVISED PENAL CODE, Art. 204)
administer the affairs of the office which
he/she heads is not liable for damages that Unjust judgment
may have been caused to another, as it One which is contrary to law or is not
would virtually be a charge against the supported by the evidence,‘ or both. The
Republic, which is not amenable to source of an unjust judgment may be
judgment for monetary claims without its error or ill-will (Dela Cruz v. Judge
consent (Vinzons-Chato v. Fortune Tobacco Concepcion, A.M. No. RTJ-93-1062, August
Corp., G.R. No. 141309, June 19, 2007). 25, 1994).
EXCEPTION: A public officer is liable for “Knowingly”
damages in his/her personal capacity for it means sure knowledge, conscious and
acts done in bad faith (VInzons-Chato v. deliberate intention to do injustice (Re:
Fortune Tobacco Corp., G.R. No. 141309, Verified Complaint of Disbarment against
June 19, 2007) or when he commits crimes AMA Land, Inc., OCA IPI No. 12-204-CA-J,
or tortious acts in the performance of their March 11, 2014).
duties (AGPALO, supra at 642).
GENERAL RULE: To commit the offense, it
Liability for damages of superior officers must be shown beyond a reasonable doubt
who, without just cause, neglects to perform that: (1 ) the judgment is unjust or one which
a duty within a period fixed by law or is contrary to law or is not supported by the
regulation (ADMINISTRATIVE CODE, Sec. evidence, and (2) that it was also made with
38(2)); deliberate intent to perpetrate an injustice
Liability for the wrongful acts, omissions of (Re: Verified Complaint of Disbarment
duty, negligence, or misfeasance of against AMA Land, lnc., OCA IPI No. 12-
subordinate officers which he has 204-CA-J, March 11, 2014).
JUDICIAL ETH|g8
Legal and Judicial Ethjca
xiii. Usurpalion oi legislative pow

EXCEPTIONS: (REVISED PENAL cope. rm, 239). ‘"
II the decision rendered by the judge is xiv. Usurpation oi executive iUnc"'o
still on appeal, the judge cannot be (REVISED PENAL cope, An, 340,. "'
disqualified on the ground of knowingly xv. Dlsobeying requests lor disqualliicqjjo
rendering an unjust judgment (Abad v. (REVISED PENAL 0005. Art. 24;). "
Bleza A.M. No. R-227-RTJ. October 13. xvi. Abuses against chastity (Rgi/,S'ED
PENAL CODE, Art. 245); and
1986); xvil.Falsillcatlon by public oliicar (REW550
The failure oi the judge to correctly PENAL CODE. Art I71).
interpret the law or to properly
appreciate the evidence presented does b. R.A. No. 3019 (Anti-Graft and Comm
not necessarily render him Practices Act) .
administratively liable (Sacmar v.
Reyes-Caipio, A.M. No. RTJ-03-1766.
March 28, 2003); c. B.P. B81 (Omnibus Election Coda)
iii Good faith, absence of malice, comipt i. Coercion oi subordinates;
motives or improper consideration are ii. Appointment of new employees;
suflicient defenses that will shield a iii. Promotion or increase in remuneration
judge from the charge of rendering an to any government official including
unjust decision (Re: Verified Complaint employees in GOCCs governed by (he
of Disbarment against AMA Land, lnc.. Civil Service Law;
OCA IPI No. 12-204-CA-J, March ti. iv. Transfer of officers or employees in the
2014); ~ Civil service; and
iv Judgment rendered through-negligence v. intervention of public officers O,
(Art. 205); employees.
it must be shown that although the d. Special laws

i. Plunder (R.A. No. 7080),"
judge has acted without malice, he il. Violation of the Code of Conduct oi
failed to observe in the performance of Public Officials (R.A. No. 6713);
his duty, that diligence, prudence and iii. Violation of P.D. 46 (Making /j
care which the law is entitled to exact in Puiiishable for Public Officials and
the rendering oi any public service (Iii Employees to Receive, and for Private
Re: Climaco, A.C. No. 134-J. January Persons to Give. Gifts on Any Occasion,
21, 1974). Including Christmas);
NOTE: Negligence and Ignorance era iv. Transfer of unlawfully acquired property
(R.A. No. 1379)
inexcusable if they imply a manifest v. Violation of right to counsel (E.O. 155)
injustice which cannot be explained by
a reasonable interpretation (In Re: 3. Administrative Liability
Climaco, A.C. No. 134-J, January 21, “Administrative Charges are classified as
1974).
serious, less serious, or light (A.M. No. 01-8-10.
SC, October 1, 2001, amending Rule 140 of
v. Knowingly rendering an unjust ROC).
interlocutory order (REVISED PENAL
CODE, Art. 206); NOTE: The enumerated acts constituting
vi Malicious delay in the administration of serious, less serious, and light charges or
justice (REVISED PENAL CODE, Art. administrative offenses, respectively, are git
207): exclusive. Other acts analogous thereto and
vii. Direct bribery (REVISED PENAL
CODE, Art. 210); conviction in a criininai prosecution may also be
viii Indirect bribery (REVISED PENAL grounds for discipline, as the word “include” in
CODE, Art 211); enumerating the charges implies as rulings oi
ix infidelity in the custody of documents the Supreme Court on disciplinary cases show
(REVISED PENAL CODE, Art 226); (AGPALO, supra at 666).
x. Open disobedience (REVISED PENAL
CODE.‘Art. 231); a. Serious Charges (BDM-UMDB-IGPA)
XI. Prolonging performance of duties Grounds:
(REVISED PENAL CODE, Art. 237): i. Qribery;
xii Abandonment of office (REVISED ii. Qishonesty and violations of R.A. 3019:
PENAL CODE, Art 238);
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).
viii. immorality; C. Light Charges (VGFU)

ix. gross ignorance of the law; Grounds:
x. Eartisan political activity; and i. !ulgar and unbecoming conduct;
xi. Alcoholism or other vicious habits, ll. Qamblingin public;
iii. fraternizing with lawyers or litigants
Penalty for Serious Charges: (DFD-SF) who have cases pending before his
a. Qismissal from service, Forfeiture of court; and
iv. Undue delay in the submission of
benefits except accrued leave credits monthly reports.
and Qisqualification from reinstatement
or appointment to public office- Penalty for Light Charges: (FCRA)
b- §U$Pension from office without salary a. fine of not less than P1,000 but not
and benefits for more than 3 months but more than P10,000;
not more than 6 months; b. Qensure;
c. fine of more than P20,000 but not more c. Beprimand;
than P40,000 d. Admonition with waming
Less Serious Charges (DAP-VRUM) NOTE: Repeated violations of light offenses
Grounds: may render a judge liable for less serious or
a. Undue Qelay in rendering judgment, even serious charges. For this reason, the
issuing orders, or transmitting records; usual waming when a judge is found
b. Frequent, unjustified Absence without administratively guilty of even a light offense
leave; - , is that a repetition of the same or similar
c. Unauthorized Practice of law; offense will be dealt with more severely
d. Violation of Supreme Court rules, (AGPALO, supra at 698).
directives and order;
e. Receiving additional or double The Supreme Court Has Discretion to Adjust the
compensation when not specially Penalties in the Presence of Mitigating Factors
authorized bylaw; In several administrative cases, the Court has
f. Qntruthfui statements in certificate of refrained from imposing the actual penalties in the
service; and _ presence of mitigating factors. Factors such as the
g. Simple Misconduct. respondent's length of service, the respondent's
acknowledgment of his or her infractions and feeling
Penalty for Less Serious Charges: (SF) of remorse, family circumstances, humanitarian and
a. §uspension without salary and benefits equitable considerations, respondent's advanced
for not less than 1 month but not more age, among other things, have had varying
than 3 months; significance in the Court's determination of the
b. Fine of more than P10,000 but not more imposabie penalty (Office of the Court Administrator
than P20,000 v. Egipto, A.M. No. P-05-1938, January 30, 2018).
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“:
requisites lor the taking of other measures against

the judge concemed, whether civil, administrative. or
criminal in nature (Flores v. Abesamis, A.M. No. SC-
96-t (Resolution). July 10; 1997).
REASON: ll subsequent developments prove the

judge's challenged act to be correct, there would be
no occasion to proceed against him at all (Santos v.
Orlino. A.M. No. RTJ-98-1418 (Resolution).
September 25, 1998).
01.1) RULE UNDER RULE 140 VS-

AMENDMENTS UNDER A.M. N0. 18-01-05-SC
No special office involved. Two

1 offices are created. These are:
. - The Judicial Integrity Board (JIB), who is taskeq
it is the Office of the Court Administrator, or the Judges to receive and resolve complaints against justices
or Justices, who is involved in the investigation, and/or judges, and court personnel (Sec. 6). and who ma;
who is assigned to resolved the complaint, as the case conduct formal investigation, as.the case may be
may be (SC CIRCULAR NO. 3-89). (Sec. 12); and
2. The Corruption Prevention and Investigation
Office (CPIO), who has the duty and authority to
conduct investigation and/or intelligen0e_
surveillance or lifestyle checks on justices, judges.
and court personnel (Sec. 9).
_ ' As Against ~ Whom
' 5may
It A the
A Pro
A ceedingsbelnstituted ‘Z _
It may be instituted for the discipline of: (JudJus)“ it may be instituted for the discipline of: (Jus-JudPe-
1. Judges of regular and special courts; and ‘ ~ OE) '
2. gtices of the Court of Appeals andt . ggtices of the Court of Appeals, the
Sandiganbayan (Sec.1). A A Sandiganbayan, Court of Tax Appeals;
2. Jigges and Qrsonnel of the lower cams’
including the Sharia‘ Courts; and
3. Qfficials and gmployees of the Office of the
Jurisconsult, Court Administrator, Deputy Court
Administrator, Assistant Court Administrator and
their personnel (Sec. 1).
_- _‘ Asiofwtiér'e%iri'stittiit5ti'~"-> ‘_ *1.' _
As a matter of practice, the SC has assigned it is instituted in the Judicial integrity Board (Sec. 1).
complaints against Municipal or Metropolitan Trial
Judges to an Executive Judge of a Regional Trial Court
and complaints against judges of Regional Trial Courts
to a Justice of the CA, while a complaint against a
member of the CA would probably be assigned to a
member of the SC for investigation, report, and
recommendation (SC CIRCULAR NO. 3-89).
it may also be referred to the Office of the Court

Administrator (Sec. 3).
.Ei.'. .5. 'fi:Qit.)l,.A.@112. ..
',‘_"'j §O}t] ;>ia,>;l¢it;y iii5"s'é; may be instituted: (M-VAIAD-APubMstj
g_ yerifled complaint with affidavits of persons having 1. Motu proprio, by the SC, in the Judicial integrity
persona| knowledge of the facts alleged or Board;
substantiating documents; and 2. By way oi a yerilled complaint, supported by:
3, Anonymous complaint with public ti 8. Affidavits of persons who have personal
indubitableintegrlty(Sec.1). moor of knowledge of the facts alleged therein, or
b. Authentic Qocumenis which may substantiate
said allegations;
3. Upon an Anonymous complaint, supported:
a. By flgglic records of indubitable integrity; or
b. Where their Material averments may easily be
verified, and may be substantiated and
established by other competent evidence
(Sec.1).
NOTE: Any complaint, whether verified and supported
by affidavits, or anonymous and supported by public
records, will now be lodged with the JIB (Sec.1).
NOTE: Complaints involving graft and corruption and
violations of ethical standards, including anonymous
complaints, filed against Members of the Supreme
Court shall be. referred to the Committee on Ethics
and Ethical Standards which shall have the task of
preliminarily investigating and submitting its findings
and recommendations of the Supreme Court en banc
In accordance with the Internal Rules of the Supreme
Court (A.M. No. 10-4-20-sci
' _» ~ A As to the Requisites oi 8 vane Complaint
it must be in writing and duly swom to, and filed with A verified complaint or anonymous complaint shall be:
the SC (Sec.1). (W-C’-AdOf-ViSta-JIB)
1. In flriiing;
2. Stating glearly and Qonciseiyz
a. Any of the acts and omissions constituting the
Administrative Qffenseladministrative
offenses under Section 22, 23 or 24 of Rule
140; or
b. For lloiations of the §tgndards prescribed for
Judges, the Rules of Court and amendments
thereof or the Code of Judicial Conduct, the
New Code oi Judicial Conduct of the
Philippine Judiciary or issuances/Resolutions
of the Supreme Court; and
3. Filed with the Judicial jntegrity Qoard (Sec. 2).
_tothetime offlesolvln 9 otDlscl P line W Actions
The investigating judge or justice has 90 days to The JIB can resolve the disciplinary action within 60
conduct an investigation and hold a hearing (Sec.|4), days if it can be resolve on the basis of the pleadings
and 30 days to submit its findings and recommendation of the parties, documents/papers or public or court
(Sec.5). records filed (Sec. 12).
NOTE: However, ii based on the pleadings oi the

parties, there is prima facie case against the
respondent but substantial factual issues are raised,
JUDICIAL ‘Y
Legal and iuu§¢'i|;||'g§c§
the JIB shall recommend to the SC that that the

be considered and docketed as a regular adminisjjca-8°
matter and that the JIB be directed to conduct foam/e
investigation of the substantial factual issues falsggmal
the parties and to submit a report and recommenda _bY
to the sc within so days from the termination of "°"
investigation (Sec. 12). 5°91
As to Disciplinary Actions flied before Compulsory Retirement
If the complaint IS intended to harass or embarrass the if the complaint IS intended to harass or embarras
respondent, there is no such punishment of indirect respondent, the JIB shall recommend to the 3€ the
contempt. dismissal of said complaint and that the compjajnamme
cited by the SC for indirect contempt (Sec. 11), be
If the complainant is a lawyer, he may fume, be
required to show cause why he or she should no; be
administratively sanctioned as a member or the
Philippine Bar and as an officer of the Court (sea 12)
T
-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
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LEG T
Legal
Retainer Agreements COURT. Rule 6. Sec 1)

- Either the act of a client by which he
engages the services of an attomey to render 2. Complaint t
legal advice or to defend and prosecute his - a pleading alleging the plaintiffs or dam:
cause in court or the fee which a client pays to party's cause or causes of action (RULES '2
an attomey when the latter is retained (Black's counr. Rule 6. Sec. 3;. Cr
Law Dictionary (2009). p. 1430) [hereinafter
Black's Law Dictionary]). 3. Information
. an accusation in writing charging a per”
Commercial Documents: with an offense. subscribed by the
Articles and filed with the court (RULES OF CQURT
- an instrument containing a set of niles or Rule 110. Sec. 4). r
stipulations (Black's Law Dictionary (2009), p.
127) [hereinafter Black's Law Dicfionaryj). 4. Motion
- an application for relief other than by
EXAMPLE: Articles of Partnership, Articles of pleading irrutss or counr. Rule 15, sec we
Incorporation, Articles of Merger.
5. Trial Memorandum
By-Laws _ - a pleading whereby the parties argue me‘
- the rules and regulations enacted by a respective sides at the end of the trial oi -n
corporation to regulate. govem. and control its certain special actions (ABAD. Fundamental; of
own actions, affairs and concems. and of its Legal Writing, (2009) p. 220) [hereinalterA54D
stockholders or members. and directors and Legal Writingj). '
officers in relation thereto and among
themselves in their relation to the corporation 6. Affidavit
(Loyola Grand Villas Homeowners Association - a statement or declaration reduced in writing
v. Court ofAppeaIs. G.R. No. 117188, August 7. and swom to or affirmed before some office,
1991). who has authonty to administer an oath 0,
affirmation. ll is a written statement under oath
Negotiable Instrument taken before an authonzed officer (CARILLO
- an instrument in writing, signed by the Bar Review Companion on Legal Ethics am}
maker or drawer, containing an unconditional Practical Exercises (2020), p. 169 [hereinafter
promise to pay a sum certain in money or its CARILLO, Bar Review Companion]).
equivalent, payable at a fixed or determinable
future time to order or to bearer and, where it is Court Processes:
addressed to a drawee, he must be named or 1. Writ
otherwise indicated therein with reasonable - a court's written order, in the name of a state
certainty (NEGOTIABLE INSTRUMENTS LAW, or other competent legal authority, commanding
Sec. 1). the addressee to do or refrain from doing some
specified act (Black's Law Dictionary, p. 4965).
Bill of Ladlng
- a written acknowledgement of the receipt of 2. Warrant
goods and an agreement to transport and to - a writ directing or authorizing someone to do
deliver them at a specified place to a person an act, such as directing a law enforcer to make
named or on his or her order: it operates both as an arrest. a search, or a seizure (Black's Law
a receipt and as a contract (Unsworth Transport Dictionary, p. 4902).
lntemational Phils., Inc. v. Court of Appeals,
G.R. No. 166250, July 26, 2010). 3. Subpoena
- a process directed to a person requiring him
Warehouse Receipt or her to attend to and testify:
- a document of title issued by a person a. Al the hearing or the trial of an action;
lawfully engaged in the business of stonng b. At any investigation conducted by
goods for profit (Act No. 2137, Sec. 58 (a)). competent authonty; or
c. For the taking of his or her deposition
EXAMPLES OF JUDICIAL FORMS: (RULES OF COURT, Rule 21, Sec. 1).
Pleading
- written statements of the respective claims
and defenses of the parties submitted to the
court for appropriate judgment (RULES OF
MEM/URY AID
§¢iBodIl**""Yc°"9'°'L'*‘“°¢'T5I°PIInomconiq
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).
The comma (,) _

A mark of punctuation which helps l° °|3"fY the
meaning of writings. The comma sets off an BASIC LEGAL WRITING
interlocutory or interrupting Pl"359- '"d'°ate5
that more information follows and also
separates items in a list. It is also used before a
direct quotation. STAGES OF THE WRITING PROCESS;
NOTES: (PWRZR-P)
a. When etc. ends a series, it should be 1, Ere-Writing; I
preceded and followed by a comma. 2. Writing;
b. A comma s hould follow yes . no, why. well . R_e-writing;
when one of these words is used at the Revision; and
beginning of a sentence. 9*?“ _l?_oIishing (ABAD. supra at 1-12).
c. Use a comma to set off a phrase denoting
residen ce or position, but not before a ZIP REMINDER: _
Code number (Id. at 142-153). A wri'tten legal document is also a form of
communica' t'ion,' hence, one must_ consider his
4. The semicolon (;) ~ audienceland the purpose of his writing project m
a. A mark of grammatical punctuation to order to help in setting the tone and writing sty|c_
indicate a separation in the relation of the
thought (Agcaoili v. Sugultan, G. R. No. GUIDE QUESTIONS TO GET YOU
24806, Febnrary13, 1926).
b. Its use in 'dicates that two or more STARTED:
statements are not sufficiently related to 1. What are the facts of the case’? T
require commas but are too closely related 2. What law applies to the factual situation’?
to justify being put in separate sentences 3. How does the law apply in relation to the facts of
separated by a terminal mark. the case?
c. Used to precede for example, namely, for 4. What does jurisprudence say in cases of similar
instance, viz, to wit, as, e.g., when they nature?
introduce an enumeration of examples not
felt to be parenthetical, or when they TIPS:
precede a principal statement or a 1. Carefully read the problem given;
SGHIGFICG. 2. Brainstorm by writing down your initial thoughts
d. A semicolon may join two statements when and analysis of the case;
the second clause is elliptical, omitting 3. Identify the following: (DIF)
essential words that are supplied by the a. Legal Qlspute;
first. b. Issue or issues; and
e. A semicolon can be used to determine the c. Relevant facts.
intent of a law (People of the Philippines v. 4. Categorize the problem into general and specific
Santos, G.R. No. L-1728, November 26, subject areas; and
1948). 5. Outline the points you wish to make.
A semicolon can be used to interpret the
proper import of a decision (Republic v. De
Los Ange/es, G.R. No. L-26112, October 4,
1971,‘ (ld. at 153-157).
tr...r.rr§;ra.Y.e.l.r2..
POINTS TO REMEMBER: TIPS ON HOW TO STATE THE ISSUE:
[egalDlspute _
one party complains of the violation of his right by 1. Incorporate opposing views to make a lair
3n0II'l6l’ who, on the other hand. denies such statement of the issue (“whether or not‘ may be
violation (ABAD. supra at 5). used, but statement should not lavor just one
party): _
Relevant Facts 2. Define issues in terms of affirmative claims:
Legany significant facts that raise the question or
what law governs the dispute, how the law applies to REASON: Plaintiff or accuser bears burden of
the factual setting. and essential facts that cannot be proof.
jg|10l’6d.
EXCEPTION: If defendant admits but raises a
TIPS: defense, the defense claimed must be proven.
1. Digest and organize the facts. 3. Make it comprehensive enough to cover all
2, Distinguish relevant from irrelevant facts;
include only relevant facts. subordinate issues;
3_ Explanatory facts, or those that supplement and 4. Keep it specific and clear, with sufficient details
enable the reader to get an entire picture of the to enable reader to understand the matter
events, may also be included. involved;
5. Cover the area of the case chosen to be
TEST: If the fact is changed or removed, will the attacked or defended:
6. Capture the gist of the specific violation of right
situation or likely outcome of the case change defendant committed;
significantly? 7. List all opposing claims;
8. List points of agreement; and
Relevant Issues 9. Identify the principal or controlling issue: the
Those that, when resolved, determine the outcome outcome of the case hangs on its resolution.
of the legal dispute.
Present when the contending parties do not agree WRITING STAGE: PREPARING THE
on a given point. FIRST DRAFT
Argument '
The Issue Statement The reason offered to prove a thesis or proposition.
Relevant Law + Legal Question + Key Facts
Every sound legal argument is a combination of the
Relevant Law right rule and the right fact. ll consists of three
The specific law that governs the dispute statements: (RFC)
(e.g. Under Art. 2180 of the Civil Code - quasi-
delict). 1. Rule Statement: ’
a. Constitutionalprovisions;
Legal Question b. Statutory provisions;
The question concerning the application of law to the . Rules of court provisions;
facts of the dispute (e.g. “Are parents liable for the . Case laws or judicial precedents; and
tortuous acts of their minor child?"). FDQO Widely-accepted truths from logic, common
sense, or common experience.
NOTE: An ideal issue statement should, by itself,
give the reader an idea of what the case is all about, 2. fact Statement
(e.g. ls a notarized written agreement entered by a - Only relevant facts;
17-year-old covering the sale of a parcel of land valid
under the law on obligations and contracts?). 3. Qonclusion Statement
Whether or not the rule applies to the
Key facts: notarized written agreement entered by particular case based on the facts.
a 17-year-old covering the sale of a parcel of land.
NOTE: Any of the essential statements can be
Relevant Law: Obligations and Contracts (Specific omitted, if already evident.
provision may be indicated). '
Be guided by your thesis statement or proposition.
Legal question - Validity of the agreement Write the arguments for and against the proposition
Y
LEGAL F
Legal and Judicglgmg
HOW TO LAUNCH THE ARGUMENT: Indispensable Parts:

1. State the opponent's claim, defining the area 1. A summary of the nature of the action and
your argument will attempt to assail; or court proceedings so far had in it; ms
2. State your thesis or proposition to support it with 2. A summary of the facts of the ca5e\
the argument that follows argument (ABAD. transaction or event that brought about the lathe
Supra at 121-123). dispute and the lawsuit—as seen from 3:‘
opposing points of view of the parties; E
CLOSING STATEMENT 3. A statement of the relevant issues that the
parties present for resolution; and
Written after the argument to summarize the points 4. An orderly presentation of the arguments (ha,
raised; it is, however, merely optional. support the client's position (ABAD, sup,-a at
221).
Recall to the reader the truths that underlie every NOTE: In criminal cases, quoting the information is
good decision in identical cases. not necessary. A statement that the accused was
charged with a particular crime suffices.
lt should not appear to argue.
Related Laws and Rules:
1. ln special cases like certiorari, prohibificn
mandamus, quo warranto, and habeas ccipuS'
TRIAL MEMORANDUM the parties shall file, in lieu of a bnef, they;
respective memoranda within a non-extenutbje
period of 30 days from receipt of notice issued
by the clerk (RULES OF COURT. Rule 44, sea
TRIAL MEMORANDUM ’‘ 10).
A pleading whereby the parties argue their
respective sides at the end of the trial or incertain NOTE: The failure of the appellant to file his
special actions. lt is used because cases are usually memorandum within the period therefor may he
tried in installments over a long period of time (ld. at a ground for dismissal.
220). ..
2. A memorandum is a prohibited pleading unde,
NOTE: This is different from the following: certain rules of procedure, such as:
1. Memorandum for Clients - a legal opinion a. Rules of Summary Procedure (A.M. 02-11-
prepared by a lawyer in response to a query 09~SC, Sec. 19, par.(9); and
from a client. b. Rules of Procedure for Small Claims Cases
2. Memorandum of Authorities - a document (A.M. 08-8-7-SC, Sec. 16(1)).
that refers to legal authorities sudi as statutes
and court cases and explains how those SAMPLE MEMORANDUM
authorities support the position advocated by the
party who wrote the memorandum (Nolo's Plain- Republic of the Philippines
English Law Dictionary). - _ SUPREME COURT
Manila
GENERAL STRUCTURE JOHN LLOYD DELA CRUZ.
Statement of the Case Petitioner.
- versus -
Statement of the Facts ANGELICA PANGlLlNAN., G.R. No. 12345

Respondent.
x———--—---x
Statement of the lssuels MEMORANDUM FOR PETITIONER
I Petitioner JOHN LLOYD DELA CRUZ. in

compliance with the order of this Honorable Courtforlhe
Arguments
parties to file their respective memoranda, hereby
‘. respectfully submits this Memorandum.
STATEMENT OF THE CASE

(Clearly and briefly state the following:
- The questioned decision or order of the
lower court
- The nature of the action and judgment
Z. -
is
*2tr,-,\ t‘,<>~ is 52§cJ
§
All matters that may help the court to
5
T
understand the nature 0! the case) STATEMENT OF FACTS
5 Ferves as the basis of the opinion; and
STATEMENT OF THE FACTS _ nrlfiludes all relevant facts, whether favorable or
(Nanate the relevant facts giving rise to me
controversy)
How to Organize Relevant Facts:
STATEMENT OF THE lSSUE$ 1. Always know where the narration of facts should
petitioner respectfully states the issues in this case as logically begin.
2. Organize the facts as they happened.
fouowsin
(9 er'ssues desired to b e res oived, ii‘
(Sm limited to issues of law) W [ch must be 3. Organize the facts in such a way that it is clear
how the legal issues of the problem arise.
ARGUMENTS 4. Do not ignore adverse facts. These must also be
(Discuss in detail, clearly and concisely all afgumenfs considered as long as they are relevant.
suppgmng the issues raised. Roman numerals 5. Be concise. Some facts need not be restated.
used in setting forth each argument) may be
EXAMPLE: Juan's dog escaped through a gate left
RELIEF open and tried to bite his neighbor who got injured
WHEREFORE, Petitioner John Lloyd Dgla C while attempting to run away. ls Juan liable?
|-g5peClfU||y prays that the questioned judgment be st
aside and nullified, and that another judgment be The facts can be organized or structured as follows:
rendered:
1. Facts showing the duty of the pet owner.
(State clearly the reliefs desired) 2. Foreseeability (i.e., the facts which show that
the pet owner could have foreseen the incident).
(Place, date, signature) 3. Contributory negligence (i.e., the facts showing
(Proof of sen/ice) that the victim had contributed to the injury
suffered).
4.» Causation (i.e., facts showing that the injury was
TAGPALQ Legal Forms (2005) 0- 332 [hereinafter caused by the dog's attack).
AGPALO, Legal Forms]). ' 5. Damage (i.e., facts describing the nature and
extent of the injury suffered).
6. Duty to lessen one's own injury.
LEGAL OPINION As much as possible, avoid conditional (i.e., “if-

then") statements. Do not assume facts unless
absolutely needed to render the opinion.
PARTS OF A LEGAL OPINION: (FILAC) STATEMENT OF ISSUES

State the legal questions which you will answer on
*1. Statement of facts; the basis of the facts presented.
Statement of issues;
Statement of applicable Law; STATEMENT OF APPLICABLE LAW
Application of law; and
Rules in Stating Legal Bases‘:
9'9?!“ Qonclusion and recommendation. 1. Briefly survey the applicable law.
2. Briefly survey the precedents, (e.g., decisions of
GENERAL RULES: the Supreme Court).
1. The legal opinion is not the advocate’s
pleading. The client must know the entire This is not a legal treatise where you have to
picture. Thus, it is important to be balanced and state the history and particulars of a law
oomplete (e.g. “ln one case..." This is because (e.g., “Philippine tort law is of common law
clients are not colleagues). origin...“).
2. Headings may be used to: Use of Legal Authorities:
a. Discipline the writing style; 1. Use correct and up-to-date sources;
b. Avoid repetitive answers; 2. Avoid long quotations;
c. Transition between ideas or the parts of the 3. Cited sources should apply to the given facts;
opinion itself; and
d. Predict what will be discussed next; 4. As much as possible, do not incorporate the
e. Make reading more manageable; and citations in the body of the opinion.
f. Give the opinion a clearer structure.
LEGAL FO
Legal and .IU(.'IICIHI%Iwj(»g
e.g., Constitution, Article Vlii, Section 5_

APPLICATION OF LAW
Apply the Law to the Facts. indicate the y88l I" P_i"9"lh9$°5 When ",0
t. You are answering a specific question with e Constitution is no longer in IOFCQI
specific factual situation. I
2. This is not hypothetical unless the client has e.g., Constitution (1935)- Article ill, Section 1
framed his request as such. par. (2). '
Keep Your Answers Brief ' b. Legislative Enactments l j
There should only be one paragraph per I$$IJ6- FORMAT: [Law], [(Year of effectivity)]_ [Specific
Article or Section]
PURPOSES:
1. To remove present opinions; and 9,9,, Republic Act No. 4723 (1966), Sec. 2.
2. To guide the client on what to expect. Bates Pambansa Big. 111 (1981), Sec. 1,
Commonwealth Act No. 353.
CONCLUSION Executive Order No. 292.
1 Statement of the writer's answer to the problem.
2. The brief answer at the start of the opinion is fully NOTE: Year may be omitted if not indicated in
explained. problem.
RECOMMENDATION l c. Codes and Rules of Court
1. Answers the question: “What should the client FORMAT: Code, Specific Article or Section
do?" '
2. Must be connected to the conclusion. e.g., CIVIL C005, Art. 297.
3. Should seek to help the client understand his FAMILY Coos, Art. 195, par. (1).
legal situation. RULES OF COURT, Rule 130, Sec. 2, par. (a),
LEGAL CITATION Jurisprudence
Reference: The Manual of Judicial Writing, Supreme a. For decisions published onllne (not In
Court of the Philippines, pp. 52-70 (2005). court reporters)
CLASSIFICATION OF AUTHORITIES: f FORMAT: Surname of parties + G.R. (IOCI(ej

1. Primary Sources . number + date of promulgation ("unreported' +
a. Constitution; ponente + uniform file locator + date file
b. Statutes: retrieved [plnpoint])
i. Legislative enactments,
ii. Codified laws; e.g., People v. Dela Cruz [Supreme Court], G.R.
c. Court decisions; and No. 123456. March 24, 2014 (unreported,
d. Administrative issuances (rules, Ramos, J"
regulations). http:llsc.judiciary.gov.ph/jurisprudencel2014/m
arch2014/123456.htm#_ftn25, April 28, 2018)
2. Secondary Sources
a. Legal scholarship (textbooks, annotations, b. For decisions published in court reports
commentaries, or pamphlets);
Collection of essays and articles; Philippine Reports
. Periodicals; FORMAT: Case Title; Volume of Philippine
. Newspapers; Reports; first page of the case; page where the
. Encyclopedias; quoted text is found (if any); year of
-"‘(DQOp' Unpublished materials, such as seminar promulgation
papers in conferences or PowerPoint
presentations in learned legal conferences; NOTE: The Philippine Reports, being the official
and publication of Supreme Court decisions, is the
g. Book reviews. primary mandatory authority.
PRIMARY SOURCES e.g., Serrano v. National Labor Relations
1. Statutory Materials Commission, 380 Phil. 416, 420 (2000). -
a. Constitution '
FORMAT: [Law], [(Year of effectivity)], [Specific
Article or Section]
1)’
MEM»Q~RY AI o
5-\ BOG LIWOIOIY CLIIQQ 0| tgw . QQCY N" Opanty‘ C
lttlgr
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")
Used when citing the immediately precedin9

SECONDARY SOURCES footnote which has only one authority. Not used
Books and Pamphiegs when first citation is only part of an authority.
or the subsequent citation consists Of
FORMAT! Initial of first name and full surname several cases.
of Author, Title of book, (page_ section‘ or
P3|'3£:l';lApI'RA(6dlIiOfl, date)
e.g. S. GUEVARA, LEGAL FORMS 551 (First
e.g.. . . ORAN.COMMENTS ON
ED., 2010) ld.. at 555.
COURT 195 (Sixth ED., 1963) RULES OF
e. Op. cit. (work cited) and "Op. cit. Supra"
Use of Transcript of Stenographic M0195 To avoid repeating titles of books and
FORMAT: Abbreviation (TSN), Date of Hearing, periodicals, articles, use Op. Cit. Supra.
Page Number preceded by the author's name and followed
by the earlier footnote reference and page
e.g.. TSN, February 12, 2007, pp. 25-28. number. For treatise or scholarly writings.
the word supra is generally omitted.
Repeating Citations
a. Supra (means "over" or "above")
Used to identify material previously cited on
the same or preceding page. Do not use
when referring to provisions.
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.
e.g. Petitioner invokes the ruling of the Court

in Serrano v. NLRC.‘
xxxx
xxxx
Petitioner's reliance in Serrano3 is
misplaced.
‘ 380 Phil. 416 (2000).

xxx
3 supra.
b. Infra (means “beiow")

Seldom used for citation cross-reference
because it is considered best to put the full
citation first. However, when it is used for
this purpose, the rules are the same as
those indicated for “supra” cross-reference.
c. lbid (the same reference)

Where a reference to a citation is
immediately repeated with the same volume
168 It , LEGAL FORMS l
SAMPLE LEGAL OPINION

DISCLAIMER: These are only samples of legal opinions and are not controlling;gT:efi:ée(;/a2i\o:s forms 9f legal
opinions which you may use depending on your style. These samples serve 9 9 you an idea 0'
view on how to write your own opinion.
" SAMPLE LEGAL OPINION (1)
j 10 March 2021
MR. JOHN LLOYD DE LA CRUZ
1234 Mendiola Street
Manila
Dear Mr. De la Cniz,
Q Heading and introduction
You requested our opinion on whether you can collect your $ePaFatl°f:l P315’. > State the purpose of the
unpaid wages and other unpaid benefits from ABC Corporation (ABC) 3 9;”; opinion and the issue to be
latter acquired all the assets and business of your former employer ' y
answered
Company Inc. (XYZ), which has since closed down. Q
We believe there is sufficient ground to conclude that the sal e of all assetsH and
the
business of XYZ to ABC is not in good faith. and ABC m“$‘_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
You inform us that XYZ is a Philippine company in thebusiness of making

fumiture for export. Your employment records show that you were a painézr at
XYZ's finishing section for 18 years, when_youi_' employment was teergiirgi me;
March 3, 2020 allegedly because your servicesyvere no longer need a er
acquired an automatic painting l‘l'l8Chll‘I8; Your dismissal was found to be unlawful Statement of Facts
by the National Labor Relations~Commission in a Decision dated January 17. >- State all relevant facts,
2021 but pending its execution, all the business and assets of XYZ were sold to whether favorable or not
and acquired by ABC. y
You likewise inform us that after ABC aoquired all the equipment, plant site, and
machines of XYZ, ABC continued the fumiture ‘making business of XYZ and
served the pending export orders of XYZI You also confirm that ABC has
reemployed 70% of all the f0lTl'l8l' employees of XYZ withoutloss of seniority or J
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
14 December 2021 SAMPLE LEGAL OPINION (2)
MR. JOHN LLOYD DELA CRUZ

A52 corporation
Mendiola. Manila
R95 Comliigt of Lease with the City of Manila

Dear Mr. Dela Cruz: .
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
we understand that the Lease Contract d

the execuuon ofthe sad comma’ to wit’ med Dewmbef 17. 2000. shall subsist for twenty (20) years commencing from
'9. TERM. This Contract shall sub '

contract renewame lhereafieram1$0p<;r°c1
if p)crLc;dtv;cI;\lAli;$2)
- Years commencing
. from the execution
. of this
.
XXXX xxxx .
XXXX
"|N WITNESS WHEREOF the PARTIES have hereunto set their hands/si '
_ of - Manila, Philippines."
December 2000. here at the City gnature this 17th day
' of
H is °“' °°"5ide"°d °Pinion that the subject City Resolution is valid andenforceable.
_ Under Section 22 of the Local Government Code, every local govemment unit, as a corporation, shall have, inter
aha, the power to enter into contracts. lt may sue and be sued, and contract and be contracted with. It can even be held
liable to third persons ex contractu.
The °Qm'a¢t$ 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.
Very truly yours,
ATTY. MARIA LEONORA ONOR

For the Firm
City of Manila v. lnlcmicdialc Appellate Court, I79 SCRA -128.
2 Municipality of Pasay v. Manaois. 86 Pliil. 629. 4
LEGAL Foam ‘E
FORM NO. 1; SIGN ATURE OF COUNSEL _ f m . d.

ino TE : The number and date of issue of the lawyers MCLE need only be or 8 Imme lately Prermng
compliance period (B.M. NO. 1922. June 3, 2008)-
As required by Bar Matter No. 1132. APT" 1. 2003
~ to show compliance with Soc. 10 of
Rule 130A that ‘delault in the payment
ol the annual dues lor six months shall
warrant the suspension of members oi
the Integrated Bar, and default in such
payment for one year shall be a ground
for removal ol the name oi the
delinquent member from the Roll of ATTY. JUAN DELA CRUZ
Attomeys.
Counsel for
~ For lawyers who pay lifetime
membership fees, Lifetime Unit l. X Building, Rccto, Manila
Membership No. is indicated instead (______J_ mp Na 123456; 01/10/10 _ Mani“,
of the IBP No.
(Professional Tax Receipt) in OOml>lli"°9 Wm‘(————-- PTR. N0. 1234567; Ol/lo/I0 " Manila
Sec.139oflheLocalTaxCode. I R0“ No. 12345; 5/05/05
7 to assurethatthe 5can
"WYerj-J: MCLE No. I _ 001234; 9/09/I3
As required by Bar Mandi NO. '1:-1221 d§ amended.

1 January 1. zoos
effective
- for those who are exempted, the number 0! their
Certificate of Exemption must be indicated
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).
(Sad). ATTY. NOTARIANA GRANDE

Notary Public for Manna
Appointment No. 123
Until December 31, 20xx
Roll No_ 12345; 4/20/xx
lBPNo.13425/Jan " 1 - 20xx/Ci W0f Manila
-
Zgigfi 21314/Jan 1. 2021lCity of Manila
MCLE o. l - 001234; 9/09/20xx
No. ll - ooseva; 9/09/20xx
Doc. No. 22;

Page No. 33;
Book No. V;
Series of 20xx.
{GUEVARA, supra at 48)
NOTE: The Supreme Court en banc issued a lePF6$entative capacity, that he has the
resolution dated January 14, 2014 amending the authority to sign in that capacity (A.M. 02-8-13-
June 3, 2008 resolution repealing the rule that non- SC, Rule II, Sec. 1(c)).
disclosure of the MCLE compliance/exemption
number in pleadings would cause the dismissal of Instruments That Must Be Acknowledged
the case and the expunction of the pleading from the Deeds, conveyances, mortgages, leases, releases
records. ln effect, the amendment provides that it and discharges affecting lands, whether registered
would only subject the counsel to appropriate under Act 496 or unregistered, must be
penalty and disciplinary action (OCA Circular 79- acknowledged. If not, they will not be accepted by
2014, January 14, 2014). the Register of Deeds for registration (SUAREZ,
supra at 37).
FORM NO. 3: ACKNOWLEDGMENT Requirement to Acknowledge Instruments is
Refers to an act in which an individual on a single Statutory
occasion: (PAIN-ReV) _ Only those instruments that are required by law to
1. Eersonally appears before the notary public and be acknowledged shall be acknowledged (ld.).
presents an integrally complete instrument or
document; NOTE: When a person affixes his signature before
2. ls Attested to by a person known to the notary a notary public, such signifies it to be his own and
public or identified by the flotary public through there is no need of, or there is no provision that
competent evidence of identity as defined by requires, the hand raising ceremony as a pre-
these Rules; and requisite to the validity of an acknowledgment
3. Bgpresents to the notary public that the (AGPALO, supra at 739).
signature on the instrument or document was
!oluntarily affixed by him for the Pl"P°5e$ Acknowledgment is a Personal Act
stated in the instrument or document, declares An instrument cannot be acknowledged by a person
that he has executed the instrument or other than the one who executed it (SUAREZ, supra
document as his free and voluntary act and at 37).
deed, and, if he acts in a particular
LEGAL FOR?
Legal and Judicial Em:
Example 3.a. ACKNOWLEDGMENT MADE BY AN INDIVIDUAL

S‘
REPUBLIC or THE PHILIPPINES ) *
CITY or MANILA )s.s
ACKNOWLEDGMENT
BEFORE ME, this‘ 13th d a 0 fJ une 2021,inlh
' Ct- fM ll, ll ea d.lihnLlodd|
Pass ert No._EB12345 , issued on September 1, 2016 ll? DllgAoMar?lTa?kr2gwsr??c?n¥eat€>pbe the same per M")
the foregoing instrument and acknowledged that the same are their free act and deed. execuhd
IN WITNESS WHEREOF. i set unto my hand and seal on the date and place above written.
(Sgd). ATTY. NOTARIANA GRANDE

Notary Public for Manila
Appointment No. 123
Roll No. 12345; 4/20/xx
IBP No. 13425IJan. 1, 2021/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
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. -
Example 3.b. ACKNOWLEDGMENT MADE BY A CORPORATION

Republic of the Philippines)
City of Manila ) S.S.
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
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.
i FGPALO, supra at 745)
NOTE: if the instrument is signed by the President

of the eorporation and the corporate seal is affixed
3 Number of gages of the will (including the
acknowledgment); '
4 That the testator (or his agent under his express
by the secretafy. the better
. practice is for both direction) §igned the will and every page there0l
officers to acknowledge its execution (SUAREZ, in the presence of the witnesses;
supra at 40). 5 That the witnesses §_ubscribed to (i.e. witnessed
and signed) the will and every page thereof in
Ragged Laws: CIVIL CODE, Arts. 804, 305' 305 the presence of the testator and of one another;
and
contents: (TWP-S'L) _ 6. The will is in a Language known to the testator
1_ _[estator’s name and identification; and the witness (CIVIL CODE, Arts. 804, 805,
2_ _V!itnesses' names and identification; 806).
i Exanmle 3.6. ACKNOWLEDGMENT OF A WILL
Republic of the Philippines ) A

City of Manila )$_$_ I
ACKNOWLEDGMENT
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.

Appointment No. 123
Roll No. 12345; 4/20/xx
' _Ei§u?9;B..Y.Aia L
I Cue‘,
_;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). ~
b|'c of the Philippines )

§§§"$i iiflanila ) S-8-
' AFFIRMATION
. - dJ -
Dela Cruz, and presented
BEFORE ME. this 5"» day of Jun]e2021dIflblh?h€|i[yOetf‘<i:i{ia3|l1;llg,e$‘:;?O(;’lr:IiEéggpgfésuglrélel and who avowed under
- ' 'fication Document issue y dt me
i° me ms wand Idem‘ t ts of the instrument or document he presente o -
penalty of law to the whole truth of the con en
WITNESS MY HAND AND SEA L . at the place and on the date first above written.
_ (Sgd). ATTY. NOTARIANA GRANDE
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 ' -
1 T"° "8 ' t' n of tn Wl

“f"°$*s> "° Pl ,
A avlt Rule (.lAR)
amgg/ll); who tails to submit the required judicial
The name a _ ress of the Lawyer have ws land exhibits on time shall be deemed to
2» conducts 0; giepegéses the examination om: howeverfl vlrlid their submission. The court may.
the Sam. 8 ow only once the late submission of
wil"°5; p 9 Where the examination is would 9‘ Provided, the delay is for a valid reason,
peifl9 9 ' tthat the witnes .- ' . the dflffl u_ndulv_pre|udice the oQposinq_party, and
3. quasflofls asked Of him, fu||ysconscious
A §ta.temen _ is answeritagtlplg than P‘: a“"'"9 Party pays a fig of not less
does 5o_ur_ic_lerfoath, and that he may face d‘ _.000.00 nor more than P5,000.00 at the
iscretion of the court (Sec. 10).
criminal llabllltyk eir false testimony or perjury,
4 ' 9“°s"°n§di:§
corr6$P° ‘
e illswers,
‘he Witness and ‘his
consecut' |
numbered'tl:1:tcircum
a_ show s t ances under whichwerh y
- ' d th . °-
i2§i§ZZ;aTu|re e facts “P°fl which he
b. Elicitfrom imthosefacts which arer I '
to the issues that the case presents; man‘
c. Identify the attached documentary and
object _ evidence and establish their
authenticity in accordance with the Rules of
Court; _ ,
5_ _-|-he §_ignature of the witness over his printed
6_ l Aname;
Jurat vvi'th_ tn e signa
' t ure of the notaryV publ'
who administers the oath or an officer who
authorized by law to administer the same (A,/i,1_
Na 12-8-8-SC: Sec. 3); and , _ l ‘
7. §_worn attestation of the lawyer (A.M. No. 12-8-
5-SC, Sec. 4). y
when Requested Witness Unjustly Refuse to
Execute a Judicial Affidavit
If the government employee or official, or the
requested witness, who is neither the witness of the
adverse party nor a hostile witness, unjustifiably
declines to execute a judicial affidavit or refuses
without just cause to make the relevant books,
documents, or other things under his control
available for copying, authentication, and eventual
production in court, the requesting party may avail
' elf of the issuance of a subpoena ad
hims
‘ ndum or duces tecum under Rule 21 of
testrflca
the Rules of Court, as amended. The rules
goveming the issuance of a subpoena to the
witness, in this case, shall be the same as when
taking his deposition except that the taking of a
judicial affidavit shall be understood to be ex parte
(A.M. N0. 12-8-8-SC, Sec. 5).
LEGAL F
Legal and Judicgjlgtycd
't
SAMPLE JUDICIAL AFFIDAVIT

Republic of tho PhiIlPP|""
REGIONAL TRIAL COURT
National Capital Judicial Region
City of Manila
Branch 45 l Caption ‘
State the name of the parties a
the nature of the case "U
PEOPLE or me PHILIPPINES.
Pia‘in mi .
.versus- Criminal Case No. 12345
For Estafa
JOHN LLOYD DELA CRUZ
Accused.
3 ' X
JUDICIAL AFFIDAVIT _ A
}
?_i_§
Title of Form »
tot Prosecution witness JOHN LLOYD DELA CRUZ in lieu oi Direct
Testimony) i’l_
The name, age, residen?

I, JOHN LLOYD DELA CRUZ, 44 years old, employed as 6 business address, and o¢¢upa t ‘
businessman, residing at #123. 1st Street, San Miguel, Manila, after having
been duly swom in accordance with law, hereby depose and state: _ of the Witness: non
, g
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- Q1 MI‘- Wiinflsi. will you please toll the Honorable Court - 5

your name, age and other personal circumstances?
A: I am John Lloyd dela Cruz, 44 years old, a businessman,
and a resident of #123, 1st Street, San Miguel, Manila.
2. Q: What is the nature of your business?

A: I am engaged in the buying and selling of jewelries. Q"°$ii°"$ am‘! A"5Wel'$
Questions asked of the witness and
3. Q: How long did you endeavor your business? > his °°"9$P°"dl"9 answers,
A: It started In 2006 sir. consecutively
4. Q: How do you know Pedro Santos, the accused?
A: He Is one of my agents In the jewelry business.
-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
THAT WILL BE ALL FOR THE WITNESS YOUR HONOR
|N WITNESS WHEREOF, I have hereunto set my hand tttt

any of may 1°11 °' "=""°- P""'PPlrws- 5 2°“ <—Ptn witness whereof‘ clause
A i$9d-) JOHN LLOYD DELA gtquz [Signature over printed name of the j
9 witness
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
| propounded question to JOHN LLOYD DELA CRUZ and f .

.
recorded, or caused to be recorded, the questions I have asked andthfuli
mg
conesponfling answers that JOHN LLOYD DELA CRUZ gave, as arm: statett
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
(Sgd). ATTY. LIZA soeamemo

Unit 1, Building X, Mendiola, Manila
Roll No. 45678: 1/10/xx
tsp No. 123-ass: 1/10/xx - Manila ‘ ‘
PTR No. 1234561; 1I1Ixx - Manila
MCLE No. I-001234; 9l09IItx ’
u|ct.e No. rt-005678; 9l09Ixx
t
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
|N WITNESS WHE REOF.

_ I have. hereunto affixed by signature mis
7", day at Match gqg in the Ci of Manila.
4 > (Sgd.) Juan Dela Cruz
Affiant
Signature A
., .
i.~ “suesce IBED AND SWORN _ __to before me,

_ [Valid in the_ City_ of Manila t tht
_ identification
2021 the affiant exhibiting his Dqqtm 3
Jurat ]__._>
. iv» d gyfJune
is“3 .
tomctat Agency] at [Ptace of issuance] on Date of issuance. en
1
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
Doc. No. 49;

Page No. 23;
Book No. l;
Series of 20 xx.
FORM NFO. 7: AFFIDAVITROF SELF-ADJUDICATION BY SOLE HEIR

Related Rule: RULES OF COURT, RULE 74, Sec. 1‘
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
‘Q i-%1\13-t‘,3~gidg-< I D. 0p"'u°"l Ciritlr
-m.]
EB Republic of the Philippines)

Z’/" City Oi Manila ) 5_5_
AFFIDAVIT OF SELF-ADJUDICATION BY SOLE HEIR
pgrsonal Circumstances it Jul" Del; Cruz, _alngl_q, of legal egg and a resident of 2Q San,
9 Ml uel S . ula , under oath declare that:
1. I am the only surviving son of one named Josellto Dela

cliwho died intestate in the City of Manila, Philippines on
October 20, 2014 evidenced by Death Certificate issued by tii6
Philippine Statistics Authorig hereto attached as ANNEX ‘A’
and made an integral part of this affidavit;
2. Said deceased left an estate consisting of a parcel Oi
land measuring Zisqm, located in the City of Manila and
evidenced by TCT No. 01234 of the Register of Deeds of Manila.
3. Said parcel of land is more particularly described as
follows, to wit:
A parcel of land (Lot 3, Block 1 of the subdivision plan
(LRC) Psd-11111, being a portion of Lot 1-B.
described on plan Psd-12222, LRC (GLRO) Rec. No.
(NA). situated in the Barrio of Bomber, District of
Sampaloc, City of Manila. Bounded on the N, points 1
to 2 by Lot 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 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 a point marked “1' on the plan, being N.
14 deg. 20' E., 53.29 m. from Mon. #1, Dist. of
Sampaloc, City of Manila, '
t: Statement of Facts .< 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;
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
beginning;
containing an area of TWO HUNDRED AND
FORTY-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; bearings true, date of
the original survey, December 17, 1908 &
February 14 - 17, 1966.
4. Said deceased left no debts;
5. That the taxes due thereon have been paid. and a
certificate of payment of such taxes issued by the Bureau of
internal Revenue are attached herein as ANNEX "B"; and
6. Pursuant to Rule 74, Section 1 of the Rules of Court, I
hereby adjudicate unto myself the above-described Real Estate by
means of this affidavit and hereby files the same with the Register
of Deeds of Manila with the request that said adjudication be made
effective without the judicial proceeding as prescribed by the
aforementioned Rules of Court.
WITNESS MY HAND AND SEAL this 3"‘ of March, 2021
l Signature H in the City of Manila.

(Sgd.) Juan Dela Cruz
j j——> JURAT
Affiant
LEGAL re
Legal and luqtctatgmhg
I NO 8 AFFIDAVIT OF CONSOLIDATION O
F OWNERSHIP IN PACTO DE RE?
‘to
\»t

City of Manila ) SS
AFFIDAVIT OF CONSOLIDATION OF OWNERSHIP IN PACTO DE RETRO SALE

.. -- | _ I le/mamed, f8$ldi"Q 3' 3501 Req
I BILI CRAWFORD a Filipino citizen, of lefla Bgedesinge and say that: St
Manila, alter being swom io in accordance with the law. p0
fl i . F'ii "no, married to Jgtiri Blbq
on Jana"
at I201 1' 2021'Samglbét
FallnL§;. s."!nm ggmggefigi rfigaaagztain ‘parcel of land under paqo drzazzgl,
executed belore Notanal Public of Manila and bearing N°‘- R39" N°' 1; Page 21' B°°k 1- SQrje‘
of gig of his Notarial Register. _ had ANNEX .A._
APursuant
""° °°°Yto °'said
‘?‘°deed
"M ""’°'° de Mo we issaidheret.°ti?inas:aid
to de
of sale wltgafigfime retro
property8 withinv:idor Sellerina Gomez-Bibo. shqtttd
the penod of one year,
have exercised his right to repurc 1 2020 i
The said penod expired on January . I _ . .
The said vendor, Sellerina Gomez-Blbo. by hirnself Of by 3")! °u"°' P°"5°" '" b°ha"- his mt
complied with the condition and stipulation required for the fepufchase °' me 5?‘ P'°P6fly,
The said period of repurchase has not been extended, either exP'°5$'Y °' '"1P|'ed|Y. by affiant
vendee a retro; . fm
By virtue of the said deed oi’ sale with pacto de retro, and by the faliufe ° 9 "°"d°f- "O duty
repurchase the property therein mentioned within the penod st_iPUIalBd- "tel? ‘"35 °°"$0|Id8ted in
the affiant, as vendee a retro, the absolute ownership of the said PF°Pe'TY- t _
That attached he T8to , 3 s ANNEX ‘B’, is an order of the Re9i04"3' T"-3‘ C°“n_°f_ Mama '$$Ued qt-t
March 5, 2015, approving and confirming the above consoiidationpf ownership I" me flame or the
affiant.
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) "
FORM NO 9 AFFIDAVIT OF GOOD FAITH 5 ~ '

g
NOTE Necessary in Chattel Mortgage Contract to affect third persons without notice.
AFFIDAVIT OF GOOD FAITH
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.
($94 i selletlna Gomez (Sgd.) Bili Crawford

MORTGAGOR MORTGAGEE
(GUEVARA supra at 114)

V
Q: JU
ii i
5
new ‘mm u" Opfllllg‘ l_--N
1.‘;-_(‘ri‘
NO. 102 TREASURE I
FORMAVH. R S
4- Electronic mall, facsimile, or other
F|9
AFZLTN; REVISED CORPORATIQ »\__ _ _ authorized electronic means of transmission
,,,iat°°' P|:|LlPPlNES, Secs. 14-15 N CODE - Prooi shall be made by an allidavil oi
QF may Date: February 23, 2021 service executed by the person who sent the e-
st" mail, iacsimiie, or other electronic transmission,
h h ' lcgether with a printed proot oi transmittal.
NOTE! one g:8l‘lO?l Coiiregeiisf lhemziducgd by ‘he
ROVl56d gggy Treasurer's Affidavit iQ°L°é'°" of. me Contents: (VenTl-POSS-Ju)
reQUltl'$emNt|¢|es of incorporation. submmed - Yinucz
with fltle; .
-
Eersonal circumstances (Name of Affiant);
|n lieu cat 8O$;g[JélCf,:le9 l$’§fi'é8:sigfgi?;grgf_ required Qath; -
dart e ' . _ lOl'l Code
.‘Ii'l~i1<='i"°"ii }i£iZZ°J;’l?ili§,‘i.°s‘a"°"s
the re¢°'pt O lilwcotporation Thepatymems) It-no the
U'I&(;)I\J—l -
§taternent of facts: (CCM)
caused the mailing, etc);

'
8. Qircumstances oi the affiant (e.g., why he
Atlicws of rimarily responsible ireasurgmn-trust b- Qase in which the pleading/motion/petition

iemait“ ‘.° ".6 p initial capital (H2 anestmg t° the is filed; and
C°'pOranon C. Manner of mailing (e.g., Personal service-
RECALDE. Slhe
019Revised
18 Co
Ihgp or’8I0!I
l‘ RBOSA
Code ofAND
the with_date of receipt; registered mall-date of
Philippines
AND (2 ). p.
RECALDE)- reinafier, HERBOSA ' mailing & with registry receipt no.);
6. §ignature; and
7- J_urat (RULES OF COURT, Rule 13, as
Please re.fer to Form No. 135:. Artl °°$
I Of amended).
fncorporation of a Stock Corporation on p_ 2a9_
190-)
FORM NO. 11: AFFIDAVIT OF City oi Manila ) $,s_
PER$ONAL SERVICE OR SERVICE BY
AFFIDAVIT OF SERVICE
REGISTERED MAIL (WITH
Exp|_ANAT|QN) I, Kornina Sancheez, under oath declare that:
§e|aged Law: RULES OF COURT, Rule 13, set; 1. l am the messenger of Agy. Liza
17, as amended _ , counsel for defendant Eliena Dama in
the case entitled “Vea Alonso vs. Eliena Darna ” Civil' '
Pmof of personal service shall consist of a written Case No. Jig, and that as such messenger I served
upon the counsel of adverse party and other parties. the
admission of the party sewed, or the official return of pleading (or motion or petition) tiled in said case as
me server, or the affidavit of the party serving, follows:
containing 3 full statement of the date, place and
manner of service. a. (for personal service) Agy. Anne Cuties,
counsel for plaintiff Vea Alonso, by personal service,
by delivering personally a copy of said pleading (or
if the service is made bl/I motion) upon said lawyer who acknowledged receipt
1, ordinary Ma" _ thereof as shown by his signature or initial on the said
- Proof shall consist of an affidavit of the pleading. this 3"‘ day of March, 2021. _
person mailing stating the facts showing
gQmp|l3l'lC9 with Section 7 of this Rule. b. (for registered mail) Agy. Anne Cuties.
counsel for plaintiff Vea Alonso, by registered mail, by
depositing the copy in the post office in sealed envelope,
2, Registered Mail plainly addressed to the party or counsel at his office.
- Proof shall be made by the affidavit with postage fully prepaid, and with instruction to the
mentioned above and the registry receipt issued postmaster to retum the mail to the sender after ten days
by the mailing office. if undelivered, this 3"‘ day of March, 2018, as shown
Qy Registry No. 1, dated March 3, 2018 at the post
3, Accredited Courier Service office of Manila City.
- Proof shall be made by an affidavit of WITNESS MY HAND AND SEAL this 2 day
service executed by the person who brought the of March 2021 in the City of Manila.
pleading or paper to the service provider,
together with the courier's official receipt or
document tracking number. (Sgd.) Kornina Sancheez
Affiant
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.
1. I teamed that the sheriff levied upon a parcel of land

with TCT No. 1234 in the name Sellerlna Gomez the Republic of the Philippines)
losing party in Civil Case No. 12345, entitled Bili City of Manila ) S.S.
Crawford vs. Se//erina Gomez, RTC, Manila, for a sum
of money, to satisfy
' the money judgment
' ' said
in ' case of AFFIDAVIT OF BIRTH
One Million Pesos (PhP 1,000,000.00).
2. While TCT No. 1234 is in the name of Julia Mendoza, I, , Filipino, of legal age, married,
the truth is that she sold said property to me on March 9, and with residence address at 9 Legarda Street,
2007, ion g befo re th e filing
' of said
' case against
' her, as Sampaloc, Manila, after being swom according to
law, depose and state that:
L. 15>*351> ,_,05
3 giedand legitimate mother ol Bamby (SUAREZ, supra al 44)
F ifi‘
in . <g_I
ull'l° n b .
sald so" _Wa§ 0'" I" Qmi City, Metro
l; ti:/,fl“,)_rmtIuze1\L:& on the 19'" da of Jul
FORM NO. 15: AFFIDAVIT OF
PUBLICATION _
fig and '5 "°W Years and 11 months NOTE: This is executed by any rB$P°"'5lb'e
pi employee who knows the fact ol publication of a
newspaper where any matter which require$
55 WHEREOF. l have hereunt i publication by law, mles, or regulation has been
"ti \/ZILTSEW day of July 2020 O Se my published.
nail
(Sgd.) Krissy Alquino Contents: (VenTl-POSS-JuC)
Affiant
1 @116;
JURAT
fltle; F
Eersonal circumstances of the affiant;
“PW Qath;
' supra 8143) F" §tatement of facts: _
a. That the affiant is the Ciroulallon
M NO. 14:. AFFIDAVIT OF DEATH Manager or other responsible employee
R who knows the fact of publication of the
(':%,;,,,,,; (VeI‘lTl-POSS) newspaper;
.
vg|\U9I
}
b. That the newspaper is one of general
e; circulation in the city or province;
‘ gélrsonal circumstances of the affiant; c. The place of publication;
A aath; d. The issues of the newspaper where the
' gtatgmerlt of facts: matter needing publication was
gnumm-
' a_ The name of the deceased; published; and
b_ That the affiant personally knows the e. That said issues of the newspaper were
deceased and the afiiant‘s relationship circulated in the relevant city or
with the deceased; province.
c_ The date of death; §ignature of the affiant;
d, The place of death; and J_urat; and
' e. That the affiant personally knew of the Qopies of the ' issues of the newspaper
deceased's death; publishing the matter attached to the affidavit.
6_ §ignature of the affiant; and T’
f -
Republic of the Philippines )
} Republic ofthe Philippines ) City of Manila ) S.S.
l City of Manila )3-3
AFFIDAVIT OF PUBLICATION
AFFIDAVIT OF DEATH
l, Ralphy Tolpo, after being swom, depose and
Annaliza Kiting, being first duly sworn, deposes ‘ say: I
i and says:
That I am the Editor-in-Chief of the
1. That she personally knows the deceased Philippine Daily Reporter, a daily
Wesley Gibo, being her friend for ten (10) newspaper of general circulation in the
years; Philippines, printed and published in
2. That on 4 October 2019, she was present Marikina Cig, Philippines;
when thedeceased died at San Lucas Hospital, That the attached written matter has been
Quezon City. published in said newspaper as shown by the
3. That on 10 October 2019, she attended the 9 November 2020, 17 November 2020, and
burial of the deceased Wesley Gibo at Heaven's 23 November 2020 issues of said
Stairway Memorial Park, Antipolo City. newspaper;
That said issues of the Philippine Daily
(Sgd.) Annaliza Kiting Reporter have been circulated to the public
Affiant in general, and to the readers of the City of
Manila, in particular", and i
SUBSCRIBED and sworn to, this 20"" day of That copies of said issues of the Philippine
February, 2020 in the City of Manila Daily Reporter are hereby initiated by the
L _." affiant and hereto annexed.
———i at
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“,
6 gignawie of the affiant; and

7: -I/"rat Republic of the Philippines )
//
/ T *‘7 in Municipality of Cainta ) S.S.
bl-C of the Philippines )
fist; I\AaTII(Il'\8 ) S.S. AFFIDAVIT OF PROOFIOF SERVICE BY
PUBLICATION
AFFIDAVIT OF DESISTANCE
I, Maressa Risa, being first duly sworn, do
. A "5'
' °f legal age, and with re si_‘d ence at depose and say:
gill
I1~ e Street, Malanday, Marikina City_
1. That I am the Editor of the Rippler, a
after having been duly sworn in accordance with
law‘ do hereby depose and state that: newspaper printed, published, and circulated
in the Philippines;
1. , am thevpflvale complainant in the case 2. That the summons in the case of Labrador v.
entmed SP1-gople of the Philippines v. Lorne Maltos was published in said newspaper
everau; once a week for three (3) consecutive weeks.
commencing on 7 June 2021 and ending
gfriave _receniiv some to an amicable 25 June 2021 a copy of which publication is
Seniement with the accused pertaining to the civii attached herewith;
aspect of the case, as I have no longer any 3. That a copy of the above summons and order
intention to pursue my claim against the accused, directing the publication had been deposited
and wish to move_ori from the tragic event which at the post-office, postage prepaid, directed to
gave rise‘ to the criminal case; and Maressa Risa by registered mail at the
3_ A5 such, I have decided to formall Rippler’s main office in Makati City.
withdraw m com aint and hereby execute this
Atfidavit of Desistance to effect the same. IN WITNESS WHEREOF, I have hereunto set my
hand this 7‘_" of July 2021, in the Municipality of
|N WITNESS WHEREOF, I have hereunto set my Cainta, Province of Rizal.
hand this 7"‘ day of March 2019, in the City of
Marikina. - j (Sgd.) Maressa Risa
(Sgd.) Billy Aylis Affiant
Affiant
JURAT
JURAT i
(SUAREZ, supra at 48)
SUAREZ, supra at 4 7) _
FORM NO. 18: AFFIDAVIT OF PROOF

OF SERVICE OF PUBLICATION - ' LITIGATION FORMS
Contents: (VenTi-POSS-Ju) ~ i
1. Venue;
2. Iitle;
Eersonal circumstances of the affiant; FORM NO. 19: AFFIDAVIT IN SUPPORT
Qath; I OF MOTION FOR SUMMARY
9*?!” §tatement of facts: JUDGMENT ‘
a. That the affiant is the Editor of a newspaper Related Rule: RULES OF COURT, Rule 35, as
of general circulation; amended
b. That summons in a case was published in
said newspaper, including the number of Contents of the affidavit: (VenTi-POSS-Ju)
times it was published; 1 Venue;
c. The period of time when such summons was Iitle;
published in said newspaper; and flersonal circumstances of the affiant;
d. That a copy of the summons and order of Qath
publication had been deposited at the $1 -I>OOI\) §tatement of facts (ADL)
newspaper's post-office, and received in a. The motion shall cite the supporting
registered mail; Affidavits
8 §ignature of the affiant; and
7 J_urat.
b. Qepositions or admissions; and
c. The specific Law relied upon. (A.M. NO. 19-
10-20-SC, Rule 35, Section 3)
LEGAL Fop
Legal and Judicial
6. §ignature of the affiant; and

7. gpral. 3
Reptjblic of the Philippines )
Form of Affidavits and Supporting Papers Municipality of Cainta )3_S_
Supporting and opposing affidavits shall be: AFFIDAVIT IN SUPPORT OF App|_|cAT

1. Made on personal knowledge; _
_ FOR COPYRIGHT '°li
2. Set loith such facts as would be admissible In
evidence; and I. _|.s29i_|3_.t_|_fl, after being duly swom do
depose and say: heleby
3. Show affirmatively that the affiant is c0mP°I°"I
to testify to the matters stated therein. 1. That I am the printer of the jaw
entitled “Th e La w B ook '-,
NOTE: Certified true copies of all papers 0' Pans 2. That the said book was written by A
thereof referred to in the affidavit shall be attached Nibok who requested and ainhonzefi
thereto or served therewith (RULES OF COURT. company to print his said book; °l1r
Rule 35, Sec. 5). 3. That the said book is actually the
NOTE: Should it appear to its satisfaction at any tale edition of the first with the same nns°°°'\d
that any of the affidavits presented Pursuant I° h's the said author also wrote three (:5 ‘;’"l¢h
Rule are presented in bad faith, or solely for Ehe ago, which was also pnnted bye“
purpose of delay, the court shall forthwith order 9 company; °"i
offending party or counsel to pay to the other Pail)‘ 4. That two (2) copies of the said boot,
the amount of the reasonable expenses which the been deposited, and that we have
filing of the affidavits caused him or her to tnouf. completed and finished the printing ,,?a"°
including attorney's fees. it may; after hea"r_'9' said book on July 19, 2021; II‘
further adjudge the offending party or counsel guilty 5. That the authors complete name is
of contempt (RULES OF COURT, Rule 35, Sec. 6)-
FORM NO. 20: AFFIDAVIT IN SUPPORT
Nibok who is a resident of 65
Manila;
6. The principal office of our printing and
57$’
OF APPLICATION FOR COPYRIGHT Publication company is at Sentral T4,,
Book Store, and it is repre
Contents: (VenTi-POSS-Ju) document by Terexa Sentral who is dub,
1. Que; .
2. fitie; “
authorized both by us and the said antno,
Personal circumstances of the affiant; to attend to the attached application tn,
Qath; - copyright.
5-":'*$*> §tatement of facts: ,
a. That the affiant is the author, printer, JURAT
publisher, or other holder of any right related
to the copyright of any literary, artistic, or
musical WOI'k; ' Legal Bases for Drafting Pleadings:
b. The number of copies that have been 1. ’As to content - provisions of the substantive
deposited and the date of publication; law related to the claim or defense to be
c. The name of the author and his or her established;
residence; and As to form - provisions of the Rules of Court
d. The principal office of the publication as amended:
company and its representative. a. Rule 7 (Parts and Contents of a Pleading)-
6. §ignature of the affiant; and b. Rule 8 (Manner of Making Allegations in
7. J_urat. Pleadings); and
c. Rule 9 (Effect of Failure to Plead).
_
V
‘§3-1:)::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
Emctlv plaintiff and the 3. Counterclaim (if

at An easily readable font style of the party's violation thereof any); and
Fooik‘ sizg 14p‘ by the 4. Relief sought
ch 3.
defendant); and
_ _5- X 13' white bond paper Relief sought.
9'9“ 8 _ I Other Parts
_ mg: Sing e
uni Sp“
Certification of 1. Statement of ‘Copy
h spacing: One-and-a-half (1.5 N°"'F9mm Fumished“ the
Plgggpparagraphs ) space Shopping
be Adverse Party;
(mandato Proof of Service;
ins: 2. VerificationW); (if 2.
3. Explanation; V
llaF91 5. from the edge; required); and 4. Verification (if
|l,Jet;-er-1 2, from the edge; ' 3. Affidavit (if required); and
P ' ' '
required). 5. Affidavit (if required).
Righp 1.0‘ from the edge; and
Lower-1.0‘ from the edge. _
NOTES:
Pagination: Pages mU$t be Oonsecutively All judicial forms have the same pattem.
In case of a complaint, the sheriff, his or her
deputy. or otherproper court officer will serve it
mgarial Seal u Q on the adverse party together with the
ms jmpl’6$S9d at the end of the document where the summons. ln case of failure of service by them,
document, page. b00k numbers. and series of the the court may authorize the plaintiff to serve the
notarial register are indicated (2004 RULES ON‘ summons together with the sheriff (RULES OF
NOTARIAL PRACTICE, Rule v//, Sec. 2). ' COURT, Rule 14, Sec. 3, as amended).
Always include the statement: "(Plaintiff) further
PARTS OF A TYPICAL JUDICIAL FORM: prays for other relief that this Honorable Court
(cATl-BRE-VAP) may deem just and equitable.‘ or “Such other
just and equitable reliefs are likewise prayed for"
T §_a_ption (name of court, parties, docket no.); Z (ROC, Rule 7, Sec. 2(c)).
2. Iiue;
jntroduction; 1- Caption(s)
.' §ody: Sets forth the following: (NTD)
_ _l1e_liefor Prayer; a. flame of the court;
_ yenue and date: b. Iitle of the action - indicates the names of
. Attomey; and the parties; and
u>\|O'zU'|-_bya Elusl Addendum; c. Qocket number if assigned.
a. Verification; It
b. Certification of Non-Forum Shopping; lt indicates which court the action is filed (MTC, RTC,
_ proof Qf Service; CA, or SC). ln case of lower courts, the place where
. Explanation; and it is filed or the venue of action.
00.0 . Affidavits.
NOTE: The same pattern can be used for all kinds
of judicial pleadings and motions. You only need to
change the CONTENTS and the PLUS portion
depending on the kind of form (RULES OF COURT,
Rule 7and Rule 110, Sec. 6).
>
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
Supreme Court G.R. No. ________._- . 3 defect in form occurs when

' No need to specify the natu"?
of the case enough facts are stated, they are noj's‘:‘°u9,
the manner required by law. "=0 ,,'
Court of Appeals CA-G.R. No._______
' No need to specify the nature EFFECT: A formal or technical defect, how
of the case will not invalidate a pleading which ojhe°I/er,
sufficiently states a cause of action (T,-am';"0"t
Regular Courts Criminal Case No. / Civil Case Diaz, G.R. No. L-7, January 92, 1946), A" mall.
(RTC, MeTC, No. / Sp Proc. No. expected of the pleadings is that they shout:
MTC, MCTC) For: DAMAGES give fair notice of the material eiemems lit
‘ Specify the nature of the case plaintiffs claim and defendant's we 01
(SUAREZ, supra at 235-236). "$6
NAME OF COURT
2. Substantive Defect
Court Caption _ - a defect in substance occurs when a Meade‘
fails to state enough lads 19 °°fl8litute a prima
Supreme Court Republic of the Philippines facie cause of action, or a prima facie defense.
SUPREME COURT
‘ Manila EFFECT: A complaint lf‘l ordinary procedure
which fails to state a cause of action may be
Court of Republic of the Philippines cured by the evidence presented at the ma,
Appeals COURT OF APPEALS (Claudio v. Quebral, G.R. No. 165962, Ju/y 6
Manila 2007). Procedural defects should not be fe|ied'
on to defeat the substantive rights of litigams_
Sandiganbayan Republic of the Philippines
Even procedural rules of the most mandaimy
SANDIGANBAYAN
Quezon City character may be suspended where "matters of
life, liberty, honor or property" warrant its |iDe|'a|
Court of Tax Republic of the Philippines application (Cruz v. Spouses Christensen, G_R_
Appeals COURT OF TAX APPEALS No. 205539, October 4, 2017).
Quezon City
Commission on Republic of the Philippines
Elections COMMISSION ON ELECTIONS
Manila A
Regional Trial Republic of the Philippines
Court REGIONAL TRIAL COURT
Branch 1
Manila
Metropd l itan Republic of the Philippines

Trial Court METROPOLITAN TRIAL COURT
National Capital Region
Branch 1, Manila
Municipal Trial Republic of the Philippines

Court MUNICIPAL TRIAL COURT
San Pablo City, Branch 1
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
COMPLAINT €—\ Title
Plaintiff, by undersigned counsel and to this Honorable (; ~

respectfully states: Ollrl.
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 _ ..¢-
First Cause of Action ~
2 , On March 3 2019, defendant obtained

' a loan from the p iainiiff
. . in
the am°""l °f F,"'_"Y TH°U_$"§ND PESOS (Php 50,000.00)_for which he
executed and delivered to plaintiff a promissory note, a copy of which is hereto -
attached as Annex A . and made part of this complaint, to wit:
(copy of the Promissory Note) . ' ' ‘
3. Despite the lapse of the period for the payment of the amount Stated
in said note, defendant has not paid the same, or any part thereof or interest
thereon;
Second Cause of Action ,.| Body
4. Plaintiff hereby incorporates the allegations of paragraph .1; ‘

5. On October 03, 2019 defendant again obtained a loan from the
plaintiff in the amount of ONE HUNDRED THOUSAND PESOS (Php
100,000.00) for which he executed and delivered to the plaintiff a promissory
note, a copy of which is hereto attached as “Annex B", and made part of this
complaint, to wit:
(copy of the Promissory Note)
6. Despite the lapse of the period for the payment of the amount stated
in said note, defendant has not paid the same, or any part thereof or interest
thereon;
WHEREFORE, it is respectfully prayed that judgment be rendered in T
favor of plaintiff and against defendant for the sum of ONE HUNDRED FIFTY
THOUSAND PESOS (Php 150,000.00 ) with interest at the rate of silg "
centum (6%) per annum on each of the aforesaid notes, until paid; interest at
the legal rate on the interest due from the time of the filing of the complaint and >'| Relief
attomey's fees plus costs.
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]
\\\
(Sgd.) ATTY. LIZA SOBRANOANO

Counsel for Defendant |
Unii 1, Building X. Mendiola. Mani 0
Roll No. 46670: flttlliiii '
IBP No. 123456: 1l10lu - Mani“.
PTR No. tamer: trim — MI"
MCLE No. I-02345; W"
MCLE No. ll-67091: 913/"
v5R||:|(;A1'|0N AND CERTIFICATION OF NON-FORUM SHOPPING
ADDENDUM
JURAT Jurat, Proof of Service, Exp;
(If not served by registered ax;/on
PROOF OF SERVICE Affldav/is (ll any) '
EXPLANATION
AFFIDAVITS
Tltle(s) ' SPECIAL PROCEEDINGS

The name of the parties shall be indicated In the
original complaint or petition. In subsequent ln the Matter of the Petition for the Probate of the Will or
pleadings, it is sufficient if only the name of the first Jose Santos. .
party on each side is stated, but with"‘an’approprlate JOHN LLOYD DELA crtuz, Sp. Proc. Nq_ 109
indication that there are other parties jet. al.). Their Petitioner.
respective participation in the case shall be indicated
(RULES OF COURT, Rule 7, Sec. 1). x ---------~— x
' Civil case SAMPLE CAPTIONS AND TITLES:

JOHN LLOYD DELA CRUZ, . _
Plaintiff, - - I Caption; for Civil Actions before the Mlllticlpaj
Civil Case No. 345 TrialCourt - 1
-versus- For: Damages - .'
ANGELICA PANGILINAN, I Republic of the Philippines
Defendant. " _MUNlClPAL TRIAL COURT
x----—-i———x I San Pablo City, Branch 16
Criminal Case
JOHN Ltovo DELA cnuz,
PEOPLE OF THE PHILIPPINES, Plaintiff,
Plaintiff, Civil Case No. 2386
Crim. Case No. 289 -V8l'SUS- For: Collection of
-versus- ‘ For: Murder Sum of Money ’
JOHN LLOYD DELA CRUZ. ANGELICA PANGILINAN.

Defendant. Defendant.
x—--————-------—--x x----------—-x
SPECIAL CIVILACTION , 7 *
.JOHN LLOYD DELA CRUZ, I
Plaintiff,
SCA No. 3451
- versus- For: Declaratory
relief
ANGELICA PANGILINAN
Defendant.
x-----------_x
13,$§3~$33§> §5 lulu
“on for Civil Actions bgfqm ‘h

CIP ° Rselo I
Trial 5°“ M
2 _ Y Qaptlon for Special Proceedings _,,
Republic ofthe Phllippin R R R” *4 H” f
REGIONAL
. . TRIAL_ ¢ QURT°s R6pUb||C oi the Philippines
N8ll°"a| Capllal Judicial Region REGIONAL TRIAL COURT
Bran°h,169 National Capital Judicial Region
JOHN L Love DELA CRLlAZan“a
P‘aimifl' ' B'a"°h
Manila25
Civil Case No. 2386 In the Mailer of Petition for the
_,,er$us- l_:°f- R9SCiSsiQn of Contract Probate of the Will of Pedro Santos
ANGELICA PANGILINAN, JOHN LLOYD DELA CRUZ Sp Proc No 3484

D6f9l\d9"i- Petitioner
x*"""' A _x _X""‘
.’ _ Caption for Cases Appealed to the Court of
. . A
caption for Actions Prosecuted or Defended by ppeals
a Rgpf8$6l1l3llV8 _
The beneficiary shall be included in the title of the R%°§fi'§T°§§Z§'§'é5i’['§es
case and shall be deemed to be the real party-in- Manna
interest (RULES OF COURT, Ru/e 3, Sea 3)_
v JOHN LLOYD DELA CRUZ
Plaintiff-Appellant
Republic of the Philippines C A G R No 3472
REGIONAL TRIAL COURT ""' "elm
Branch 25 ANGELICA PANGILINAN
Manila Defendant Appellee
JOHN LLOYD DELA CRUZ AND JUANA LYDIA DELA

CRUZ, minors, as represented by JUANABE DELA Caption for Petitions before the Court of
CRUZ _ » .
as guardian, D
Plaintiffs, v
. Civil Case No. 2386 '
-versus- For: Rescission of Contract Republic of the Philippines
COURT OF APPEALS
ANGELICA PANGILINAN,
Defendant. JOHN LLOYD DELA CRUZ
-x
C A G R No 3472
Republic of the Philippines
REGIONAL TRIAL COURT ANGELICA PANGILINAN
Branch 6
Manila
ESTATE OF DECEASED JOHN LLOYD DELA
CRUZ, represented by its Administrator,
JUANABE DELA CRUZ.
Plaintiff,
Civil Case No. 2386
-versus- For:
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
A pleading required to be verified that contains a (RULES OF COURT. Rule 7, Sec. 4) D

verification based on "information and belief," or
upon "knowledge, information and belief," or lacks a GENERAL RULE: Pleadings need not be under
proper verification, shall be treated as an unsigned oath or verified (Ru/es of Court, Rule 7, Sec. 4).
pleading (Rules of Court, Rule 7, Sec. 4).
NOTE: Pleadings need not be verified, but when in
doubt, the rule is to have the pleading verified
‘
V
23.i€>~;:d 5;-<F2fa i
, Transit. Inc. v. Catilbig, QR
2011;/lGPALO. Supra 8,64). No. 175512,
A . 26. Petition lor cancellation or correction oi entries
in the civil registry (ROC, Rule 108).
ExcgpflgeN;Rules‘
When otherw‘ise specifically
-. required
When NOT required to be verified, the followlnfl
DY “W or "Wat be under oath:
. 5 that Should be Verified.
1. A pleading specifically denying the genuineness
P|°'d'm-ioation against forum sh '- and due execution ol an actionable document
1 Cegtlal: 5)‘ oppmg iR0C. Rule
7' nieill of Claim for Small Cl ' (RULES OF COURT, Rule e, Sec. a, as
amended);
2 - slaw s the Re Sp 0 nse th alms Cases-as
gmum for Small Claims gigs, Q1385‘: NOTE: The requirement of an oath does not
11);
compjaint for injunction (ROC, Rule 53, 3 ' _
apply when the adverse party does not appeal
3. to be a party to the instrument or when
ApP“°a“°" f°' appolntrnent of receiver compliance with an act or order for an inspection
4' Rule 59, Sec. 1): 0f the original instrument is refused (RULES OF
5.
APplication
sec. 1).I for support pendente lite (R 0C. Rule COURT, Rule 8, Sec. 8, as amended).
61'
' if f rc'bl t _ 2. Motion to set aside a default order (RULES OF

6. COURT. Rule 9, Sec. 3, par. (b), as amended);
al|?ri1le°.;0;
I e en ry °l' unlawful detainer
7' Petition for indirect contempt (ROC, Ru/9 71 3. Answer to written interrogatories (RULES OF
Sec. 4)‘ COURT, Rule 25, Sec. 2, as amended); and
8' Petition for relief from judgment or order (Rog 4. Answer to request for admission (RULES OF
Rule 38, Sec. 3); COURT. Rule 26, Sec. 2, as amended).
9_ Petition for review from RTC to the Court of
Appeals (ROC, Rule 42, Sec. 1); FORM NO. 22: CERTIFICATION
10_ Petition for review from quasi-judicial agencies AGAINST FORUM SHOPPING
to Court of Appeals (ROC, Rule 43, Sec. 5); Related Rule: RULES OF COURT, RULE 7, Sec. 5
11_ Appeal by certiorari from the Court of Tax
Appeals to the Supreme Court (R.A. 9282, Sec. Every initiatory, pleading which asserts a claim
12). _ _ against the adverse party, including a permissive
12_ Appeal by certiorari from the Court of Appeals to counterclaim (other than a compulsory
the Supreme Court (ROC, Rule 45, Sec. 1); counterclaim) must contain a certification against
13_ Petition for annulment
_ of judgments or fin al forum shopping made under oath (A.C. No. 04-94,
orders and resolutions (ROC. Rule 47, Sec. 1); February 8, 1994).
14, Petition for certioran against the judgment$_ final
orders or resolutions of constitutional NOTE: It must be executed by the party himself NOT
oommissions (ROC, Rule 64, Sec. 5); liisllawyer UNLESS the affiant is authorized by a
15. Petition for certiorari (ROC, Rule 65, Sec. 1); Special power of attorney (SPA) or a Board
16. Petition for prohibition (ROC, Rule 65, Sec. 2); Resolution (Bank of the Philippine Islands v. Court
17. Petition for mandamus (ROC. Rule 65, Sec» 3); of Appeals, G.R. No. 168313, October 6, 2010).
18. Petition for quo warranto (ROC, Rule 66, Sec.
1): - The authorization of the affiant to act on behalf of a
19. Complaint for expropriation (ROC, Rule 67, Sec. party, whether in the form of a secretary's certificate
1); or a special power of attomey, should be attached
20. Petition for appointment of general guardian to the pleading (RULES OF COURT, Rule 7, Sec.
ROC, Rule 93 Sec 2)"
{ I ' I
5, as amended).
21. Petition for leave to sell or encumber property of
the ward by a guardian (ROC, Rule 95, Sec. 1); Contents:
22. Petition for declaration of competency of a ward 1. That he or she has not commenced any action
(ROC, Rule 97, Sec. 1); or filed any claim involving the same issues in
23. Petition for habeas corpus (ROC, Rule 102, Sec. any court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other
3); action or claim is pending therein;
24. Petition for change of name (ROC, Rule 103,
Sec. 2); 2. If there is such other pending action or claim, a
25. Petition for voluntary judicial dissolution of a complete statement of the present status
corporation (ROC, Rule 104, Sec. 1; see also thereof; and
REVISED CORPORATION CODE, Sec. 134); 3. if he or she should thereafter learn that the same
and or similar action or claim has been filed or is
pending, he shall report that fact within five (5)
>
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 - '
FORM NO.. 23:__ ‘COMBINED Madam: .

Please be informed that the undersigned counsel
VERIFICATION WITH CERTIFICATION has set the foregoing motion for hearing on Am-5| 22,
AGAINST FORUM SHOPPING 2021 at 8:30 a.m., for the consideration of the
Simply combine the contents of Form No. 16 and Honorable Court or soon thereafter as counsel may be
No. 17 with a Jurat. ‘~ heard.
A ' (Sgd). Atty. Liza Sobrangano
Counsel for Defendam
VERIFICATION Ann CERTlFlCATlON,AGAINS‘l_'_ _
FORUM SHOPPING ;,
(AGPALO, supraat 59)
REPUBLIC OF THE PHILIPPINES )' _
CITY OF MANILA ) ss. _ I
1. I am the plaintiff in the above-entitled case;
2. The facts stated in the above complaint are true CIVIL ACTIONS
and correct to the best of my knowledge and
authentic records;
3. This complaint is not filed to harass, cause
unnecessary delay, or needlessly increase the A civil action is one by which a party sues another
cost of litigation;
4. The factual allegations in the complaint have
for the enforcement or protection of a right, or the
evidentiary support, or if specifically so prevention or redress of a wrong. A civil action may
identified, will likewise have evidentiary support either be my or giial. Both are governed by
after a reasonable opportunity for discovery; the rules for ordinary civil actions, subject to the
5. I have not commenced any action or filed any specific rules prescribed for a special civil action
claim involving the same issues in any court, (RULES OF COURT, Rule 1, Sec 3(a), as
tribunal, or quasi-judicial agency, and to the amended). ~
best of my knowledge, no such other action or
claim is pending in them; and _
6. if l should learn that the same or similar action NOTE: The fact that an action is subject to special
or claim has been filed or is pending after its rules other than those applicable to_ ordinary civil
filing, l shall report that fact within five (5) days actions is what makes a civil action special (Lim v.
to the court or where the complaint or initiatory Lim, G.R. No. 214163, July 1, 2019). '
pleading has been filed.
V \ I
fiEM»Q~RY AID
"”‘u“'||y tiriqll til in that-i tta t\|~.l--‘ Hum
ORDINARY cw“ 3 Act or omission on the part of such defend8i:Ir:"

ACTIONS violation of the right of the plaintiff or constitu :h9
a breach of the obligation of the defendant I0 9
plaintiff for which the latter mill’ "‘a'"Ia'" an
action for recovery of damages °' Omar;
cw“ Pmdlngs, Motions and other Form; appropriate relief (Spouses Fernandez v. SW97
Communications, lnc. G.R. No. 212805, JulY1 -
2019).
PieadI"9
an statements of the respecfiv
wnt! . , B claim Seven Types Of Pleading Re¢09"Il°d BY I-aw
On Civil Procedure: (C°T-CARI
defensqsto"tI'derr‘I:hIlIR5Lbmmed
appmsna 8] 9 I0 the coirtaI:)(I
ES OF COURT, Ru/9 6' 1 Qomplaint; i
S64‘ ' 2 Qounterciaimg
gross-claim; _
Puma“ of Pleadings: (AID) Ihird (Fourth, Fifth, etc.) Party C0mP|a""i
L To Ap|prIS8 ‘the Court of the rival claims in a Qomplaint-In-Intervention;
~ ' ' con rov - . Answer; and
IIl:cIi:iaon; g my Submitted for trial and \io'>_cn4>c.o Reply (RULES OF COURT, Rule 6, Sec. 2, 88
2_ To drawalineofbattie between the liti 1 amended).
[Q indicate fairly the nature of the cigars? 2::
defenses of both parties; and FORM NO. 25: COMPLAINT BASED ON
3_ To pi’6S6f'lI,'Q8I'lt1.t-3 and narrow the iss AN ACTIONABLE DOCUMENT _
form the foundation of proof to be stifiqiazg Related Rule: RULES OF COURT, RULE 8, Secs-
during trial as well as toadvice a party on what 7-10, as amended
his adversary would rely on as a cause of action
or as defense. so that he would be properly Contents: .
prepared at the trial to meet the issues raised 1 Caption (name of court, parties, docket no.);
(Lianga Lumber vs. Lianga Timber, G_R_ /vo_ 2 Title;
386685, March 31, 1977) ' introduction;
:l>~0-) Body:(PEC)
gqmplaint a. Bersonal circumstances;
1, Pleading alleging the plaintiffs or claiming b. §xecution of actionable document;
party's cause or causes of action and the names c. Qause ofaction;
and residences of the plaintiff and defendant Relief; , ‘
(RULES OF COURT, Rule 6, Sec. 3, as Venue and date;
amended); Attorney;
2, Concise statement of the ultimate facts, Plusl Addendum; and
including the evidence on which the party <opo~io>_o-i Verification and Certification of Non-Forum
pleading relies for his claim or defense. as the Shopping.
case may be; and v
3, Must be in methodical and _logical form (RULES FORM NO. 26: COMPLAINT
OF COURT. Rule 8, Sec. 1, as amended). (SEVERAL CAUSES OF ACTION)
LEGAL
FORMS
PURPOSE: To inform defendant clearly and
definitely of claims made against him (Ardlente v.
Provincial Sheriff of Quezon, G.R. No. 148448, Republic of the Philippines
August 17, 2004). National Capital Judicial Region
Branch 1
Elements Manila
A complaint states a cause of action if
itsufficiently avers the existence of the three (3) JOHN LLOYD DELA CRUZ,
essential elements of a cause of action, namely: Plaintiff,
(ROA)
1. A gigiii‘ in favor of the plaintiff by whatever Civil Case No. 0001
means and under whatever law it arises or is For: Sum of Money
created; ' - V8I'SUS —
2. An Qbligation on the part of the named
defendant to respect or not to violate such right; ANGELICA PANGILINAN
and r ‘ Defendant.
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(_~“'
material and (.IOTIylr\g my ‘ho

and M by muvowal 0' K romnindur, Il Airy other mutlfir by confession Of
Do" , no iivoldaiico (RULES OF COURT, Rule 6,
.i _ By stating that tho delonrfinejdjm
Soc. 5(li), ris urrmridod);
knowledge or information 3UIIiclom': without K Lack of jurisdiction over the subject mfliifitl
pellet as to the truth pr B mama] o form rt I. Lllls pendentia, _
|n the complaint, which has ‘he 6-averment m. Bar by prior judgment (RULES OF COUR T.
denial (PB Communications V ect of a Rule 6, Sec. 5, par. 2, as amended);
Go, G. R. No. 175514, Februerys1'4 Sggmes it. Lack of jurisdiction over the person of the
defendant;
t Denial or Deni | 0. Venue is improperly laid;
lnilimclon _
Adm|g$I0I‘\O. it Amounti "ll to
p. Plaintiff has no legal capacity to sue;
1 gorieral Denial ii. The pleading asserting the claim states no
‘ _ Does not deal specificall cause of action; and
material allegation of far;t_ nor dzgg iitach r. That a condition precedent for filing the
forth the substance of the matters Set claim has not been complied with (RULES
which the defendant relies to suppogpfi" OF COURT, Rule 8, Sec. 121a], 85
oonial (El Hogar Filipino V S8 IIS amended).
Investments, lnc., G.R. No. 48244 J8 nos
g2,1943);and ' "WW NOTES:
1. It is advisable that the receipt evidencing the
NQTE: A denial is not spec-f . payment be attached as an annex.
pecause it is so qualified by the ldgfehirgplg 2. Under oath if an actionable document IS
Stated otherwise. a general denial does nnj specifically denied.
become specific by the use of the O 3. Parties to whom copies must be furnished must
.-specifically." Neither does it become svgog; be stated at the end of the form.
the simple expedient of cou tin
with a broad conclusion oI)la?~ththaIaII11g Contents: (CTI-BRV-SA)
allegations contested are "self-serving" or 1. Qaption (name of court, parties, docket no.);
2. Iitle;
are intended "to suit plaintiffs purpgses" (Go Introduction;
Tong Electrical Supply Co, lnc. v. BP/ es». §ody: (CAD)
Family Savings Bank, lnc., G.R. N0 a. Qounterclaim;
187487, June 29, 2015). ' b. Admissions; and
c. Qenials;
2, Negative Pregnant ~ Relief;
- A denial pregnant with the Venue and date;
admission of the substantial facts in the . §ignature of Attomey; and
pleading responded to which are not $”“P°.<-“ Plusl Addendum: (VerCoP)
squarely denied. it is in effect an admission a. gification, if actionable document is denied;
of the averment it is directed to (Philippine b. _C£pyfurnished; and
American General Insurance vs. Sweet c. [roof of service, if by registered mail with
Lines, G.R. No. 87434, August 5, 1992). explanation.
FORMS
LEGAL
Affimtative Defense Republic of the Philippines
- an allegation of a new rnatter which, while METROPOLITAN TRIAL COURT
hypothetically admitting the material allegations National Capital Judicial Region
in the pleading of the claimant, would Branch 1, Manila
nevertheless prevent or bar recovery by him or
her. Plaintiff,
Affirmative Defenses Include: . Civil Case No. 003
a. Fraud; -versus- - For: Sum of Money
. Statute of limitation;
. Condonation or remission of debt; ANGELICA PANGILINAN
. Payment; Defendant.
illegality; x-----—-—------------------—--——--—x
~ ANSWER
Statute of frauds;
Estoppel; COMES NOW, the defendant by the
. Former recovery; undersigned counsel, respectfully alleges that:
'¢.p Discharge of bankruptcy;
acac--":.-51:
LEGAL F
Legal and Judiegamfi
Qa
An action to recov8_f Possession oi real
An aQ{|Q|’\ to quiet title thereto; eiiiaie
1. Defendant admits that portion of par. 1 Oi "W
complaint regarding the names. residences. . An action to remove clouds thereon; '
and status of the parties. but denies the rest , An action for partition; or
thereof. for lack of knowledge sufficient 1° 70"" $J'|&(A)I\J—* Any other proceedings of any kind in
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
PROOF OF SERVICE Branch 1
Manila
EXPLANATION (if served by registered mail)
Plaintiff,
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
Notice of Lls Pendens _ NOTICE OF LIS PENDENS

It is filed for the purpose of warning all persons that
THE REGISTER OF DEEDS
the title to certain property is in litigation and that if
City of Manila
they purchase the same, they are in danger of being
bound by an adverse judgment (Spouses Lim v. RE: NOTICE OF LIS PENDENS
Vera Cruz, G.R. No. 143646, April 4, 2001). On TCT No. 54321
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
Ce, 0, land which is involved in Civil Case No. 4321*

3 99' RTC or Manila, of the following partles:Juan Dela
Z an d Angelica 321
Qt t"° Pangiiina n, as plaintiff and defendant
Cf" . N0. 4 -
in CIVI | C856
|n inls case, plaintiff is claiming ownership of
d which was registered by defendant in his name,
(he l8u"gh ma parcel of land belongs to laintiff
gllho 1-he land 'involved and p .
covered by TCT No.
21 is dgscrlbed in said title as follows:
543
(gnpy technical description of land).
The (;Qpy of the complaint in Ci
vii Case
is enclosed herewith. as part and parcel of No.
this
43?‘; of Us p9nd9!7S.
n°' The address of the person seeking registration
‘ this y,-5 pendens is -
o
Cm of Manila, March 3
IQC IO -L
QC
(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
\

CAPTION FOR THE COURTS
Manila
Name of Petitioner, >-H Caption S
Petitioner,
- versus - Civil/Criminal Case. No. ___
F0:I‘ _i____i__ ‘
Name of RespondentlAccused., -
Respondent/Accused. J
PRE-TRIAL BRIEF ‘él “"9

PLAINTIFFIACCUSED , thro ug h th e undersigned-counsel, lbefore
this Honorable Court, most respectfully submit thisPre-Trial Brief.
(Clearly and briefly state the following: (AFID’W)'

a A statement of their willingness to enter into
~ ~l
M-oduction
~44
Amicable settlement or altemative modes of
dispute resolution, indicating the desired temis
thereof; _ - - ’ .
‘ b A summary of, admitted facts and proposed I
stipulation of facts; A '

,_’ Body
c. The issues to be tried or resolved;
d.
I ~ _
The Qocuments or exhibits to be presented,
stating the purpose thereof; » A x .,
1
e. A manifestation of their having availed or their
intention to avail themselves of Qiscovery
procedures or referral to commission,ers;,and .
f. The number and names of.LVrtnesses, (arid the ‘d
substance of their respectivetestlmonies.) g I
WHEREFORE, Plaintiff/Accused prays"that the foregoing be taken +| Relief 1

cognizance of. '
i
City of Manila, Philippines, April 1, 2021. '
I
S‘ Venue and Dale
A I
SIGNATURE OF COUNSEL
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‘,
gnption (name of coun_ p ni

‘ Title; a 88' dock“ "0-l; PRE-TRIAL BRIEF
|'niroduclion:
‘Body; (RULES OF COURT_ PLAINTIFF, by counsel and to this Honorable
.*=<.-we
Zmended) (SAM-CENP) Rule 18, Sec. 6. as Court, respectfully submits this pre-trial brief in
a_ A concise §tatemn i compliance with the lnal court's order dated 22 February
reliefs prayed (or; " of the case and the 2021, containing the following:
b. A summary of Ad .
proposed stipulation_ofnf2:;?: facts and 1. Plaintiff is willing to enter into an amicable
settlement of the case, under terms and conditions which
c. The
_ - Iiiiain factual and I9 ' - are agreeable to both parties. Plaintiff is willing to submit
tned or resolved; 98! issues to be the technical issues for resolution by technical experts;
d, to
TheQ-ommissioners;
propriety of refe "8 | of factual issues
. 2. Plaintiff admits the following facts:
2.1. The personal circumstances of the parties
Q, The documents or in - _ stated in the Answer;
to be marked. stating life 8318“ gwdeme 2.2. sending of a demand letter dated October
f. The Names of the witnes:$e;h$'9ot; 30,2010.
summary of th eir' respective
- testimonies;
," lite 3. The issues which plaintiff raises are as follows:
I and 3.1. Plaintiffs personality to seek legal relief;
3.2. Plaintiffs entitlement to the amount
g. A brief statement r p - claimed;
citation of authorities. _o|ms of law a"d 3.3. Defendant's bad faith in filing this suit;
_ Relief prayed for; 4. Plaintiff intends to present the following
_ y_enue and date; documents, in connection with which the defendant
requests from plaintiff their admission of their execution
_ §ignature of Attorney; and and due authenticity;
_o ~|oau\ Plusl Addendum: (CoP) 4.1. Exh. 1 - a receipt for the amount of TEN
a. Cgpy furnished; and THOUSAND PESOS (Php10,000.00)
. f f ' ' - . . issued to defendant, dated November 3.
2012 as proof of payment of defendant's
obligation;
5. Plaintiff manifests his intention to resort to
NOTE: Failure to file pre-trial brief shall have the discovery procedures;
same effect as failure to appear at the pre-trial 6. Defendant intends to present the following
(ROC, Rule 18, Sec. 6, par. 2, as amended). witnesses:
a. Mr. Cali Heem, secretary of plaintiff.
No evidence shall be allowed to be presented and b. Plaintiff John Lloyd dela Cruz, himself.
offered during the trial in support of a pang/'5 o
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).
FORM NO. 30(A): PRE-TRIAL BRIEF IN
CIVIL CASES (Copy fumished)
LEGAL
FORMS
Republic of the Philippines PROOF OF SERVICE

REGIONAL TRIAL COURT (AGPALO, supra at 199)
Branch 1
Manila
JUAN DELA CRUZ,

Plaintiff
Civil Case No. 0001

- versus - For: Collection of Sum of
Money
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
Republic of the PhiliPP'"°5 evo er ARKI c

REGIONAL TRIAL CO‘lqJRTi0n
National Capital Judicial B9 1. Affidavit of accused Choco Manin y G
Manila
Branch 69 marked as ‘Exhibit 1“ alas,
Purpose: To prove that no snabu
procured from him; was
PEOPLE OF THE PHILIPPINES
Plaintiff. 2. Atfidavits of Pabllto De Alva and Mano Ra
Purpose: To prove that no shabu was 'am°8
- VBTSLIS ‘ from the house of the accused " ken
Criminal Case No. 1234-2019-CR 3. Affidavit of Kapitan Migoy Curacha

For: Violation of Section 11, R.A. Purpose: To prove that no proper i
No. 9165, otherwise known as the was then made after ceasing the ~;r\:)ecum°'Y
“Comprehensive Dangerous Drugs shabu" from the accused. red
Act of 2002."
4. Blotter Report of Ginto Police Station (|¢p
CHOCO MARTIN y GATAS PP4) ‘
Accused. Purpose: To prove that a raid was made
_ 1 __-_..-__- ---X the aforementioned date. °"
WITNESSES
PRE-TRIAL BRIEF OF THE ACCUSED
1. Accused Choco Martin to testify on the
ACCUSED, through the undersigned counsel, matters and circumstances attending Search
before this Honorable Court, most respectfully submit and seizure;
this Pre-Trial Brief: 1 2. Witness Pablito De Alva and Marlo Ramos to
testify on non-finding of the purported shabu
SUMMARY OF ADMITTED FACTS in the household
AND PROPOSED STIPULATION OF FACTS 3.- Witness Kapitan Andres Curacha to testify
~ that no proper inventory proceedings was
The following are the proposed stipulation of facts: made on the purported seized shabu.
That the identity of the person charged in the
infomiation and that of the person arraigned
are one and the same;' I i . AVAILABLE TRIAL DATES
That in the early moming of February 14,
2021, accused was in his house located at The undersigned counsel is available for trial on any of
Tondo, Manila together with his family, the dates ofJune 3, 18, and 30, 2021. The undersigned
That a Kapitan of the barangay knocked at the counsel also respects the calendar of this Honorable
door of accused's house, and upon opening, Courtand agrees to other dates that may be set dunng
men in uniform entered and took pictures of it; the pre-trial as may be convenient to the counsel for the
That the accused was asked where he hid the plaintiff and the Honorable Court.
prohibited drugs, then a man shouted that he
had found it already; _ RESPECTFULLY SUBMITTED
That the men went to the dining table to see
the said item, however he remained seated at City of Manila, Philippines, May 22, 2021.
the living area with his hands placed on his
nape; 4
That the aforementioned men made the (Signature of Counsel)
accused sign a piece of paper, when asked
what the purpose is, the men replied that they
were for the things found in his home;
That a man approached the accused and read (Copy furnished)
to him the warrant;
That the accused was then handcuffed and
brought to the police station.
ISSUES TO BE TRIED
Whether or not the accused violated Section

11 of R.A. No. 9165, othenivise known as the
\ I
23O~RY AID
tfuhflidtid N(IClfl4|Qp'u..‘c.m.
4-I’
RM No. a1; summons A t by d8 fault will be 1'¢"“’"

0
Ed“/“friars.. RULES OF count, RULE 14, as you tail to do so. Ndgftgzilnanded In ma compminl
against you lor the reltfi
flmdllded .
_ . . i _ Atty. Clerk Pamp8llQ3 ,
flnmom A writ, direc ed to the Sher," or other Clerk, Regional Trial Court ol Manila
pa officer, requiring him to notity in
er - h 6 person d
(RULES 0F COURT. Rule 14, as amend" 1
tinit" inuired
me Cou
to app ear - on a da y named,
Issues‘ and
and answer
ma‘ he
I5:;mp|aint in such action (Black's Law Dictionary, FORM NO. 32: AP PLICATION FOR
if 1680)- ISSUANCE or SUBPOENA 1 3;
Related Rule: RULES OF COURT, RULE 2 -
ms; (DC-SCA*NC) amended
Reqggfected to the Qefendant;
1. Signed by the §_lerk of court;
' Under the §eal of the court; - Republic oi the Philippines
' state the name of the -Qourt and the names of National Capital Judicial RegIOn
R(.&\ }
' the parties to the action,
5 when authorizedbyrthef court uppry ex pane » Branch 1
Manila
' motion. 8" A"m°3Z? '°" °' the Plaintiff to serve
summons to the e endant must be included in JOHN LLOYD DELA CRUZ.
Plaintiff.
6 A direction that the defendant Answer within the
. time fixed by the Rules; Civil Case No. 0003
7‘ Give a Notice thatuunless the defendant so - versus - For: Collection 0
answers, the plaintiff will take _iudgment by Sum of Money
default and may be granted the relief applied for; ANGELICA PANGILINAN
and _ Defendant.
I A gopy of the Qomplaint and order fer x--------------------------—x
8
appointment of guardian ad litem, if any, sha“ be
attached to the original and each copy of the APPLICATION FOR SUBPOENA (OR SUBPOENA
summons. _ . » DUCES TECUM) _
7
The Clerk of Court
RTC Manila
Republic of the Philippines .
REGIONAL TRIAL COURT Sir: .
National Capital Judicial Region As counsel for plaintiff (or defendant), may |
Branch 1 _ request that a subpoena be issued to Tess T. G0,. with
Manila ' ' address at 1 Hidalgo St., Quiago, Manila, to testify in
the hearing of the above-entitled case on M_a_r_<1I_37t
JOHN LLOYD DELA CRUZ,- Q1 at 10:00 am and at any subsequent hearings, until
Plaintiff, she has finished her testimony.
Civil Case No. 12345 (If the application is for a subpoena duces
- For: Sum-of Money tecum) As counsel for plaintiff (or defendant), may l
-versus- request that a subpoena duces tecum be issued to
Tess T. Go, with address at 1 HidaIgo'St., Quiago,
ANGELICA PANGILINAN I Manila, to testify and bring with her in the hearing of the
Defendant. above-entitled case on March 3 2021 at 10:00 am and
x--———--—-—---———---x at any subsequent hearings, the following documents,
which are not confidential nor privileged, and which are
SUMMONS needed in said hearing, to wit: (enumerate and describe
specifically the documents)
To: ANGELICA PANGILINAN The undersigned will pay the legal fees for
7 Gaiicia St. Sampaloc, Manila 4 such purpose.
You are hereby summoned and required to file City of Manila, February 28, 2021
and serve your answer to the complaint, copy of which
is herewith served upon you, within fifteen (15) days (Signature of Counsel)
alter service hereof exclusive of the day of service. if
>
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;
- 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
Republic ol the Phi I

REGIONAL TRlAL|(l;p8t?$
Branch I
Manila
Capflon
Plaintiff State name of court, parties, docket
N8'“° °' Plaintiff,
number
S_ Civil case No.

' Vets“ For:
t dant
Name doe an Defendant.
X,_,__ "--—----x 4% Title T T
MOTION
(Clearly state and explain the following:
Ground/s in support of the Motion
Arguments in Support of the Motion [Body -I

Relief Sought to be Obtained)
(sgd_) Movant i
<“[ Signature of the Movant V
REQUEST FOR NOTICE OF HEARING

copy Fumished: '
Name and Address of Counsel of the Other Parties
i Addendum ‘
PROOF OF SERVICE L
FQRM NO. 34: MOTION TO DECLARE Material Dates

DEFENDANT IN DEFAULT The plaintiff should allege the following dates in his
Related Rule: RULES OF COURT, RULE 9, Sec. C or her motion to show the court that the defendant
3, as amended had failed to file his or her answer: (FSL)
1. Date of filing the Complaint;
"the defending party fails to answer within the time 2. Date of §ervice of Summons; and
allowed therefor, the court shall, upon motion of the 3. Last day of filing of the Answer;
claiming party with notice to the defending party, and
proof of such failure, declare the defending party in _
default. Thereupon, the court shall proceed to render Republic of the Philippines
judgment granting the claimant such relief as his REGIONAL TRIAL COURT
pleading may warrant, unless the court in its National Capital Judicial Region
City of Manila
discretion requires the claimant to submit evidence. Branch 45
Such reception of evidence may be delegated to the
clerk of court (RULES OF COURT, Rule 9, Sec. 3,
as amended). JOHN LLOYD DELA CRUZ
Plaintiff,
- versus - Civil Case No. 12345

For: Sum of Money
LEGAL F0
Legal and Judlciaigtmg
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
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
'\"~'“' U U‘ Lam HLIUI ha lqi¢,..|.,“_ U.“-

JV‘
J
‘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/»§;|,3 RULES or COURT. RULE so, Se;
EXPLANATION (ll sewed by regislflied '""")
Seas ai"°"de
"ms of the Motltmz . ANNEX "A"
Corns '“°u°n ‘O P: €3%:|T1St:|a|tl<1)n the 9.'°“"d °f JURAT

F0 S5 by 3 party . ' .9 ‘°|!°w'"9 must
nine ar i" an affidavit or sworn certification; (AGPALO, supra at 240)
appfiwt the presence of such party or counsel at the
1. my is indispensable, and
FORM NO. 37: MOTION FOR BILL OF
2 That me ¢"?raCrtei1r<-ifsgigirerdluness is such as PARTICULARS ~
' to render OF
(RULES ms OCOURT. R ue
in 30,
anceSec.
excusabh
3, as Related Rule: RULES OF COURT. RULE 12' Sec‘
amQfld9d)' . 1. as amended
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
Defendant, by the undersigned counsel, Republic of the Philippines

respectfully states that: _ ' REGIONAL TRIAL COURT
1. The above-entitled case IS set for hearing on National Capital Judicial Region
March 7, 2021; Branch 1
2. Counsel for defendant is sick and is suffering Manila
from high blood pressure. and has been advised by his
physician to rest for at least two (2) weeks, as evidenced
by the doctor's certification, under oath attached hereto JOHN LLOYD DELA CRUZ.
as ‘Annex A"; and Plaintiff,
3. The appearance of the defendant's counsel is
indispensable because he will facilitate the cross-
examination of plaintiffs witness. Civil Case No. 000001
. - versus - ‘ For: Sum of Money
WHEREFORE, it is respectfully prayed that ANGELICA PANGILINAN.
the hearing set on March 7, 2021 be reset to another
Defendant.
day preferably on the first week of April 2021 or at the X ------------------------------------ x
convenience of this Honorable Court.
LEGAL FORM I
Legal and Judicial Ethic?

MOTION FOR BILL OF PARTICULARS
- versus - For: Sum of Money
Defendant thru counsel, and unto this
Honorable Court, respectfully avers: ANGELICA PANGILINAN.
Defendant.
1. That the plaintiff‘s complaint in its par. 3
alleges:
‘Angelica Pang/llnan borrowed money MOTION TO DISMISS
from me on January 10, 2020' _
2. That said allegation was insufficient Defendant, by counsel and to this Honoram
and defective in that it fails to specify the amount; Court respectfully moves for dismissal of the comm -8 ‘
3. That a more definite statement on the on the following grounds: am‘ .
matter as above indicated is necessary in order 1. In the Complaint, it was stated that h.
to enable the defendant to properly prepare his obligation was due last May 15, 2005; *3
responsive pleading. 2. Nothing was mentioned therein that thereafle
he acknowledged in writing said obligation or (ha, mg .
WHEREFORE, defendant prays that plaintiff made a demand for its payment: therefore ma .
plaintiff be ordered to file a bill of particulars of the obligation has, by now, prescribed. ' It
facts and acts constitution the conclusions alleged in 3. This motion is not intended for delay. ,
the complaint.
PRAYER
WHEREFORE, it is prayed that the C0mp|aim
be dismissed on the ground of prescription of action,
NOTICE OF HEARING Defendant further prays for such other reliefs as '
may be just and equitable in the premises.
SERVICE OF MOTION l
City of Manila, Philippines, May 10, 2021. j

PROOF OF SERVICE
(Copy Fumished)
NOTICE OF HEARING
(AGPALO, supra at 165) .
(Copy Furnished) I
FORM NO. 38: MOTION TO DISMISS PROOF OF SERVICE
Related Rule: RULES OF COURT, RULE 15, Sec.
12(a), as amended EXPLANATION (if served by registered mail)
NOTE: A motion to dismiss is now a prohibited
pleading under the 2019 Amendments to the Rules (AGPALO, supra at 186) T
of Court. It may be allowed only for the exceptions
provided under Rule 15, Sec. 12(a) of the Amended FORM NO. 39: MOTION TO INTERVENE
Rules of Court.
Related Rule: RULES OF COURT, RULE 19, as
Grounds for Filing Motion to Dismiss: amended
1. Lack ofjurisdiction over the subject matter;
2. Litis pendentia (another action pending between Definition: A motion filed by a person who has a
the same parties for the same cause); legal interest in the matter in litigation, or in the
3. Res judicata (that the cause of action is barred success of either of the parties, or an interest against
by a priorjudgment); or both, or is so situated as to be adversely affected by
4. Prescription (barred by the statute of limitations); a distribution or other disposition of property in the
RULES OF COURT, Rule 15, Sec. 12[a], as custody of the court or of an officer thereof (RULES
amended). OF COURT, Rule 19, Sec. 1, as amended).
Republic of the Philippines NOTE: Attached to the Motion to intervene is the

REGIONAL TRIAL COURT Complaint-In-Inten/ention or Answer-in-Intervention
National Capital Judicial Region (RULES OF COURT, Rule 19, Sec. 2, as amended).
Branch 1
Manila Time to Intervene
The motion to inten/ene may be filed at any time
JOHN LLOYD DELA CRUZ,
Plaintiff, before rendition of judgment by the trial court. A copy
of the pleading-in-intervention shall be attached I0
V
3:.is I‘-<532io .5; ‘II Cg“.
motion and served on (he on . . . lh I

me COURT, R I 1 U 8 9'"a' Parties
9, SOC. 2, as amended). defendant to move for dismissal on the Wounds 3
upon the facts and the law:
~ r ' I l' 1 . Plaintiff has shown no right to f8II8Il_ ts
The "'°"o[I>noriiIII1iI::Iil:nrI3>'Ii<I?i:s‘ 3'80 °°"‘Plv with . Plaintiff failed to make out the material elemen
me ""65 Ie15 Sec 5-7 I Se RULES OF of his allegation; or .
COURT. R" ' - - 88 amended) . There is no evidence to support the alle9aI'°"
(RULES OF COURT, Rule 33, Sec. 1, 35
Republic of the Philippines amended). 1
National Capital Judicial R "
I Branch 1 eglon Republic of the Philippines
Manila REGIONAL TRIAL COURT
N LLOYD DELA CRUZ Branch 1
JOH Plaintiff, Manila
CIVII Ca N JOHN LLOYD DELA CRUZ.

- versus — For; sunieof $622301 Plaintiff,
ANGELICA PANGILINAN, , Civil Case No. 000001

Defendant. - versus - For: Sum of Money
X?
W-:::-— __:=___ ___X .
ANGELICA PANGILINAN.
MOTION TO INTERVENE Defendant.
x---------—--—-—x
COMES Now E al Watson by the undersi d ‘
MOTION FOR DEMURRER TO EVIDENCE
counsel, and to this Honorable Court respectfully 928$
I’
I that he be permitted to intervene in this case as arpai-Iiy , Defendant, by counsel and to this Honorable Court.
plaintifflpany defendant On theground that he has legal I respectfully alleges:
, interest in the matter under litigation, and that he may
I be adversely affemed I" Ih9_$e Pfnfieedings as shown in 1. Plaintiff has completed presenting its
, the attached Complaint-in-Intervention/Answer-in evidence.
intervention. 2. Defendant submits that the evidence
presented by the plaintiff shows that the facts and the
I WHEREFORE, it is respectfully prayed that Epai I applicable law do not support his claim for relief and fail
' Watson be allowed to inteniene as party plaintiff/party I to prove the allegations of the complaint, as to justify its
I defendant and the attached complaint or answer in dismissal, for the following reasons:
j inteniention be admitted and that herein intervenor be
allowed to serve a copy of the same to the (Show and discuss in detail why the evidence
I plaintiff/defendant. submitted does not prove the allegations of the
complaint. Also show that the law does not support the
i City of Manila, March 3, 2021. < claim.)
l (Signature of counsel) WHEREFORE, defendant prays that the
complaint be dismissed for lack of merit and for
I ' I
insufficiency of evidence.
I NOTICE OF HEARING UPON PLAINTIFF AND
1 ‘ DEFENDANTS I City of Manila, March 3, 2021.
I (Signature of counsel)
I PROOF OF SERVICE .
I J EXPLANATION (ifsenled by registered mail) ' NOTICE OF HEARING
(AGPALO, supra at 208) _ PROOF OF SERVICE
EXPLANATION (if served by registered mail)

FORM NO. 40: MOTION FOR DEMURRER
TO EVIDENCE (AGPALO, supra at 248)
1. as amended
Definition: A motion filed after the plaintiff has
Completed the presentation of his evidence, by the
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
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)
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
~WHEREFORE, it is respectfully prayed that MOTION FOR SUMMARY JUDGMENT

this Honorable Court renderjudgment on the pleadings.
. PLAINTIFF, by counsel and to this Honorable
Cig of Manila, March 3, 2021. Court, respectfully alleges:
(Signature of counsel) 1. In defendant's answer to the complaint, which

is for a sum of money, he claims that he has paid the
NOTICE OF HEARING principal amount and the remaining issue refers merely
to the proper computation of the interest. However.
PROOF OF SERVICE
a \ I '
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:
City of Manila, March 3, z011_ 1. Defendant received a copy of the decision.

which held him liable for Php 2, 000, 000, with legal
(Signature of Counsel) interest thereon from the date of decision.
2. Due to the illness of his counsel and lack of
VERIFICATION notice to him and to defendant himself, defendant failed
to attend the pre-trial and as a consequence, he was
JURAT declared in default and plaintiff was allowed to present
his evidence ex parte, and the trial court thereafter
REQUEST FOR 8t NOTICE OF HEARING rendered said judgment, holding defendant liable for
said amount.
PROOF oi= SERVICE 3. Defendant has a good and valid defense to
defeat plaintiffs claim because the amount has been
EXPLANATION (if served by registered mail) paid as evidenced by a receipt issued by plaintiff hereto
attached as ANNEX "1".
{AGPALO, supra at 252) 4. In support of this motion, defendant attaches
herewith an affidavit supporting the accident or mistake
and his good and valid defenses to defeat plaintiffs
FORM NO. 43: ' L claim, as ANNEX "2".
MOTION FOR NEW TRIAL k
Related Rule: RULES OF COURT, Rule 37 ' ' WHEREFORE, it is respectfully prayed that the
decision of this Honorable Court be set aside and new
trial be granted.
When to File: Within the period for taking an appeal
(RULES OF COURT, Rule 37, Sec. 1). City of Manila, March 8, 2021.
Grounds for Filing: (FAMEN) (Signature of counsel)

1. fraud;
2. Accident;
VERIFICATION
. Mistake;
. §xcusable Negligence which ordinary prudence
->0-7
JURAT
could not have guarded against and by reason
of which such aggrieved party has probably NOTICE OF HEARING
been impaired in his right; or
5. Newly discovered evidence which could not, PROOF OF SERVICE
with reasonable diligence, have been
discovered and produced at the trial, which if EXPLANATION (if served by registered mail)
presented will alter the_ results of the case AFFIDAVIT OF MERITS
(RULES OF COURT, Rule 37, Sec. 1).
Like a motion for reconsideration, the motion for new
trial shall be made in writing, stating the ground or
LEGAL FORM$
NOTE: An Affidavit of Merits is necessary if the 6, §ignature;
motion for new trial is based on fraud, accident, 7. J_urat.
mistake or excusable negligence (Ferrer v. Sepeng,
G.R. No. L-39373, Sepfember30, 1974). \
Republic ofthe Philippines)
FORM NO.-44: AFFIDAVIT OF MERITS City of Manila )5-3
Related Rule: RULES OF COURT, Rule 9, Sec.
3(b), as amended;‘RULE 37, Sec. 2 _ AFFIDAVIT OF MERITS
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
- 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
Defendant further prays for such other reliefs as Branch 1
ma)’ be just and equitable in the premises. Manila
City of Manila, Philippines, March 2, 2021. JOHN LLOYD DELA CRUZ,

Plaintiff,
(Signature of counsel)
L
Q7
LEGAL FORMS
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
MOTION FOR EXTENSION JOHN LLOYD DELA CRUZ.

i e Plaintiff,
Defendant through undersigned counsel in
the above-entitled case, respectfully alleges that: 0 ' Civil case No. 000001
- versus - For: Sum of Money
1. The defendant was served with summons
and a copy of the complaint on Segtember 2, 2021 and ANGELICA PANGILINAN.
consequently, has only up to September 17, 2021 Defendant.
within which to file an Answer; x-- ——X
2. The undersigned counsel has started to
prepare the Answer but, unfortunately, due to pressure MOTION FOR EXECUTION .
of work in attending to other equally important cases,
he will need additional time of 15 days from PLAINTIFF, by counsel and to this Honorable Court,
Se tember 17 2021, to complete and file the same; respectfully alleges:
_ 3. That this motion is being filed solely for the
foregoing reason and not for purposes of delay. 1. The decision in favor of the plaintiff has
become final and executory since more than fifteen (15)
WHEREFORE, it is respectfully prayed that ‘days from the defendant's receipt thereof on March 20,
defendant be given an extension of time, of 15 days 2021 and had already lapsed without defendant
from Segtember 17, 2021 within which to file an appealing therefrom.
Answer to the Complaint. i - 2. Aftera decision has become final, execution is
a matter of rgéht on the part of the prevailing party and a
City of Manila, September 15, 2021. ministerial dutyofxthe court to issue writ of execution.
(Signature of counsel) .
._ I
WHEREFORE, plaintiff praysthat a writ of execution be
(Copy fumished) ' .- =_ _ issued for the satisfaction of the judgment dated
> ',. . February20,2021.
PROOF OF SERVICE V
' City Of Manila, April 8, 2021.
(RULES OF COURT, Ru/ey, Sec. 11, as ' rt"
amended) W ” I _» , cf; ' (Signature of counsel)
FORM NO. 47: MOTION FOR THE CLERK OF COURT
EXECUTION 'I Regional Trial Court
123 Ermita, Manila
Related Rule: RULES OF COURT, RULE 39, Secs.
1 and 6, as amended - r Sir;_ .
, ..
Definition: A motion filed upon a judgment or order - Please submit the foregoing motion for the
that disposes of the action or proceeding upon the approval of the Court upon receipt thereof, notice and
expiration of the period to appeal or after appeal has hearing not being required.
been finally resolved (RULES OF COURT, Rule 39,
Sec. 1, as amended). _ (Signature of Counsel)
PROOF OF SERVICE
Proper when madewithin five (5) years from the
date of its entry (RULES OF COURT, Rule 39, Sec. EXPLANATION (if served by registered mail) .
6). (AGPALO, supra at 268)
Material Averments
1. Date when the judgment became final and
executory; and _ _
2. An assertion that by virtue of such_ finality,
execution should follow as a matter of right.
4
MEMORY AID
5u,5Q¢;t|'iveraItyColoqeofLaw-RGCTBar0rJ0retlcriaCenter -
PROVISIONAL
REMEDIES - versus - _ For: Sum of Money
, ‘ 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
Plaintiff,
; ‘L O
3
g
LEGAL FORM3
FORM NO. 49: AFFIDAVIT FOR

6. I am willing and ready to post a mm
PRELIMINARY ATTACHMENT such amount as this Honorable Cour: ma
Related Rule: RULES OF COURT, RULE 57 direct; . I
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
5“, gym University Coleqe or Law - RGCT Bar Operations Center
JQHN LLOYD DELA CRUZ. (AGPALO, supra at 362)

Plaintiff,
FORM ,NO. 51: APPLICATION FOR
- versus -
For: Sum of Money
RECEIVER
Related Rule: RULES OF COURT,,RULE 59
ANGELICA PANGILINAN, .
Defendant. Definition: A receiver is a person appointed by the
x-———--'-"'“--_—"'"X court in behalf of all the parties to the action for the
purpose of preserving and conserving the property
COMPLAINT - in litigation and prevents its possible destruction or
(With Applicatlonfor Preliminary Injunction) dissipation, if it were left in the possession of any of
,Plaintiff, by the undersigned counsel, respectfully the parties. The appointment of a receiver is not a ,
statesthat: _ matter of absolute right (Commodities Storage v.
Court ofAppeals, G.R. No. 125008, June 19, 1997).
1. Plaintiff JOHN LLOYD DELA CRUZ, of leqgj
ggg, single, and a resident of 1 Recto Ave., Manila; Material Averments
while defendant ANGELICA PANGILINAN is of legal 1. Nature and circumstances of principal action;
ggg, single, and a resident of 11 Recto Ave.HManila; 2. Grounds relied upon for the application‘(i.e., acts
2. Plaintiff, engaged in the sale of general of the defendant warranting the grant of the
merchandise, entered into an exclusive dealership and remedy); and ,
distribution agreement with ABC INC. whereby plaintiff
would exclusively.sell ABC lNC.'s products into the 3. That the plaintiff is ready and willing to post a
Philippines; bond in. such amount as the court may.
-3. Defendant, also engaged in the sale of general reasonably fix, executed to defendant to the
merchandise, began selling the products of ABC INC. in effect that plaintiff will pay all damages which
the Philippines without authority to do so; i defendant may suffer by reason of the
4. As a result of defendant's acts, plaintiff .' appointment of a receiver in case the
suffered damages and his sale of the products of ABC procurement of such appointment is without
INC. has been diminishing, to such an extent that sufficient case (RULES OF COURT, Rule 59,
plaintiff has been losing profits of no less than P500, 000
a month starting January 12, 2021; -
Sec. 2)., ‘
5. Defendant continues to commit the act of
illegally interfering with the agreement executed-
between plaintiff and ABC INC; "- Republic of the Philippines
6. That the plaintiff is entitled to the relief P REGIONAL TRIAL COURT
demanded and the whole or part of such relief consists National Capital Judicial Region
in restraining the commission or continuance of the acts ' Branch 1
complained of, either for a limited period or perpetually; Manila '
7. That the commission or continuance of some
act complained of during the litigation would probably JOHN LLOYD DELA CRUZ,
work an injustice to the plaintiff; I " ' I '_ ' Petitioner, .
8. That the plaintiff hereby applies for a writ of " Civil Case No.~ 00871 .
preliminary injunction to restrain the defendant from the - VBFSUS - For: Sum of Money
act herein complained of, and for this purpose hereby
offers a bond in such sum as this Honorable Court may ANGELICA PANGILINAN,
fix. . Respondent.
x—----‘_--__x
PRAYER
PETITION FOR APPLICATION FOR RECEIVER
WHEREFORE, it is respectfully prayed that, after
due notice and hearing a preliminary injunction be PET|TlONER., by counsel and to this
Issued forthwith to restrain defendant from doing the act Honorable Court, respectfully alleges that:
herein complained of, namely, to cease and desist from 1. He filed an action for accounting and
s°III"9 the products of ABC INC. in the Philippines; and damages in the above captioned case against
"lat after trial, said injunction be made permanent. With respondent, in _ connection with their Informaj
°°Sl$. and with such further orders that are just and partnership in general merchandising business, wares,
equitable. goods, wearing apparel, and all other kinds of
merchandise, with defendant as manager and in
City of Manila, March 3', 2021. possession thereof, and with the agreement that a||
profits thereof be divided equally among them;
(Signature of Counsel) 2. He later discovered that respondent has
been mismanaging the business and has not be
rendenng an accurate accounting thereof; A en
VERIFICATION AND CERTIFICATION OF
\ NON-FORUM SHOPPING
LEGAL FORMs
3. The acts of mismanagement of preliminary attachment, or otherwise placed
respondent and her refusal to make accurate and
periodic accounting of the business have rendered the under custodia /egis, or if so seized, that it is
business, the funds and property of their business in the exempt from such seizure or custody; and
hands of respondent as manager thereof in danger of 4. The actual market value of the property (RULES
being dissipated, removed or materially injured, unless OF COURT, Rule 60, Sec. 2).
a receiver is appointed to presen/e them, during the
pendency of action;
4. Petitioner is ready and willing to post a
bond in such amount as the court may reasonably fix, Republic of the Philippines
executed to respondent to the effect that petitioner will REGIONAL TRIAL COURT
pay all damages which respondent may suffer by National Capital Judicial Region
reason of the appointment of a receiver in case the Branch 1
procurement of such appointment is without sufficient _ Manila
case.
WHEREFORE, petitioner respectfully prays Plaintiff,
that a receiver be appointed to administer, protect and
preserve the business partnership of petitioner and Civil-Case No. 345
respondent, its funds and property and other .- versus - For: Replevin ‘
merchandise and to make secure the rights of the
parties thereto. ANGELICA PANGILINAN.
Defendant.
Manila, Phillgpines, March 7, 2021.
' COMPLAINT
I Plaintiff by the undersigned attorney and unto
NOTICE OF HEARING this Honorable Court respectfully avers that:
SERVICE OF PETITION 1. PLAINTIFF and defendant are of age and
residents of 3 Tayuman St. Tondo, Manila and 4
PROOF OF SERVICE Tayuman St. Tondo, Manila respectively;
2. Plaintiff is the owner of a certain
(A GPALO, supra at 373) personal property, namelLHyundai Starex valued
at P700, 000.00 and more particularly described as ~
follows, to wit:
FORM NO. 52: REPLEVIN I ' 3. A motor vehicle namely a 4-cylinder 1999
Related Rule: RULES OF COURT, RULE 60, Sec. Hyundai STAREX Van that plaintiff rented to defendant
1 . on Januagy 4, 2021 to be used in plaintiffs company
outing, which van defendant failed to return on the same
Applied for by a party praying for the recovery of day agreed upon by both parties. -
possession and delivery of personal property to him 4. The said property has not been distrained
or taken for a tax assessment or a fine pursuant to law.
at the commencement of the action or at any time or seized underia writ of execution or preliminary
before answer (RULES OF COURT, Rule 60, Sec. attachment, or otherwise placed under custodia /egls, or
1). - if so seized, that is exempt from such seizure or
custody. ~
NOTE: The value of the property must be stated 5. The plaintiff has demanded of the .
because the plaintiff must also give a bond double defendant thedelivery of said property but the latter
the value thereof (GUEVARA, supra at 330; refused and continues to refuse to do so; and
Enriquez v. The Mercantile Insurance Co., /nc., G.R. 6. Plaintiff hereby executed a performance
bond in double the value of the subject properly, in favor
No. 210950, August 15, 2018). ofthe defendant, for the return of the properly to the
latter if such retum be adjudged, and for the payment OI
Material Averments such sum as the defendant may recover in the action.
1. That the applicant is the owner of the property
claimed, particularly describing it, or is entitled to - WHEREFORE, it is respectfully prayed:
the possession thereof; (a) That the properly in question be ordered
2. That the property is wrongfully detained by the delivered to the plaintiff;
adverse party, alleging the cause of detention (b) That defendant be made to pay the costs _
of this suit;
thereof according to the best of his knowledge, (c) And that plaintiff be granted such further
information, and belief; relief consistent with law and equity.
3_ That the property has not been distrained or
taken for a tax assessment or a fine pursuant lo ' City of Manila, March 7, 2021. »
law or seized under a writ of execution or
——"
!:1. .E. '“. i.:.Q.:i3. Y. .l-.\. l...|?...
In WITNESS WHEREOF, I have hereunto affixed
VERIFICATION AND CERTIFICATION OF
my signature on this 5"‘ day of March 2021 in the City of
Manila, Philippines.
NON-FORUM SHOPPING
(Sgd.) John Lloyd Dela Cruz
Affiant
(AGPALO. supra at 376)
JURAT
FORM NO. 53: AFFIDAVIT FOR
REPLEVIN - (RULES OF COURT, Rule 60)
FORM NO. 54: SUPPORT PENDENTE
NOTE: This comes after the main body of the LITE »
Complaint or the Petition for Replevin. Related Rule: RULES OF COURT, RULE 61
Contents: (VenTi-POSS-Ju) Definition: A verified application filed by any party

1. Que; stating the grounds for the claim and the financial
. fltle; conditions of both parties, and accompanied by
Personal circumstances; affidavits, depositions or other authentic documents
. Qath; in support thereof (RULES OF COURT, Rule 61,
oar-gum. §tatement of facts; (DOWNA) Sec. 1).
a. Qesignation and case title;
b. Qwnership and description of property; NOTE: It grants a person entitled to support an
c. Property flrongfully detained by defendant; amount enough for his “sustenance, dwelling,
d. Property Not encumbered; and clothing, medical - attendance, education and
e. Actual value of property; transportation" while the action is pending in court
6. §ignature; and (FAMILY CODE, Art. 194).
7. J_urat.

Republic of the Philippines) REGIONAL TRIAL COURT
City of Manila )S.S. National Capital Judicial Region
' Branch 1
' AFFIDAVIT FOR REPLEVIN . Manila
.r ‘I
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
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
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
PLAINTIFF, thru the undersigned counsel

respectfully avers that: '
1. I, John Lloyd Dela C , |
PHILHEALTH, single, and a residentI:Ifz11eRneiI:I)cIIIlsveoI
Manila and; Defendant Precy Dante i
3, A
l
I
» LEGAL FORMS
of the Republic of the Philippines (Pres. Dente) while

Defendant Atty. Shekrie Taria is the Executive I or final order.
c. Filing within Q days from notice of judgmeni
I '
I
Secretary of the President of the Republic of Elief;
the Philippines and Defendant Wally Badyet as yenue and date;
Secretary of the Department of Budget and . Attorney; and .
Management; -
° "9°.°.‘ Plusl Addendum: (VPA) ' _
2. Defendant issued Executive Order 7
which precluded the Board of Directors, Trustees a. yerification 8. Certificate of non-forum
and/or Officers of GOCCs from granting and releasing - shopping;
bonuses and allowances to members, and from b. Proof of Service (if filed before the RTC, no
increasing salary rates ofand granting new or additional proof of service is required) (RULES OF
benefits and allowances to their employees COURT, Rule 65, Sec. 6).; and -
3. The plaintiff claims that as a PhilHealth C. Attached thereto is the certified true copy of
employee, he is affected by the implementation of E0
7, which was issued with grave abuse of discretion the judgment or order subject of the petition
amounting to lack or excess of jurisdiction, for the same and the material portions of the record that
has not ripened into law for lack of publication. would support the petition (AGPALO, supra
4. ' That the execution of such law without the at 420). . ~
necessary publication will be inimical and greatly
prejudice his rights to his compensation and benefits;
5. The plaintiff trust that the declaration by Republic of the Philippines
the court on this question is necessary and would
terminate the uncertainty or controversy, which gave COURT OF APPEALS
rise to the action. ' ' Manila
I

WHEREFORE, it is respectfully prayed of the J _ Petitioner,
Honorable Court to determine the validity of the
Executive Order in question and to declare plaintiffs
rights and duties thereunder. ' ’ ,~ CA-G.R. SCA No. 12345
- versus-R A For: Certiorari under Rule
City of Manila, Philigpines, March 4, 2021. ~ ' 65 of the Rules of Court
JUAN PONCE ERRINGLE, as
(Signature offcounsiel) I Presiding Judge, Branch 4, Regional Trial Court Manila,
and ANGELICA PANGILINAN-DELA CRUZ, »
VERIFICATIONICERTIFICATION OF
' Respondents. '
NON-FORUM SHOPPING .
x-----------—-----—----»--x
JURAT. I’ ~ * i PETITION FOR CERTIORARI I
(Copy fumished to the Solicitor General) I»A

PETITIONER JOHN LLOYD DELA CRUZ (hereinafter
PROOF OF SERVICE
(GUEVARA, supra at 295) I
“Del
.
_ pa C ruz"), by counsel respectfully states:
1: PREFATORY STATEMENT -
- This is a Petition for Certiorari under Rule 65

I
of the ROC. respectively, seeking the reversal of the
FORM NO. 57: PETITION FOR BGFISIOIT rendered on Februagg 1, 2021, denying the
e it"ion. for Legal Separation - on the ground Of
CERTIORARI
°°mPelling legal arguments. ’
_ THE PARTIES I
Definition: A remedy designed for the correction of
errors of jurisdiction, not errors of judgment (Tankeh 1. Petitioner Dela Cruz, of legal age. FiiiPi"°»
v. Development Bank of the PHL , G . R. No . 17142 a, with residence at 1 Recto Ave., Manila. He is the spOU$°
November 11, 2013). of respondent Angelica Pangilinan.
-2. Pangilinan may be served with notices.
orders, resolutions and other processes Of this
Contents of Petition for Certiorari, Prohibition Honorable Court through the undersigned counsel ?I
and Mandamus: (Ca'|'iNa-BRe-VAP) the address indicated below.
1. C_aption (name of court, parties, docket no.); 3. Public Respondent Honorable Judge Jua"
2. fitle; Ponce Erringle is the judgeithat issued the a$$__/aiied
Igture of the Petition; Decision.
5*?’ Pody: (PG 60) 4. _ Private respondent Angelica Pangilinan; I
..
a. Personal circumstances; De“ Cm '8 the 5Pouse of Petitioner She may t>°
b. grounds relied upon; and *served with "°ti0eS. orders, resolutions and Other
‘
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
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
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:
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.
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
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$
dated Febnigg 1, 2021 of public respondent Hon. Juan Contents: ' r

Ponce Erringle. 1. Allegation of the facts with certainty; and
3. There is no appeal, or any plain and 2. Prayer that judgment be rendered commanding
speedy remedy in the ordinary course of law other than the respondent, immediately or at some Qther
the instant petition, since petitioner will suffer time to be specified by the court, to:
irreparable damage by the continued acts of a. Do the act required to be done to protect the
respondent. ' rights of the petitioner; and
4. Under the foregoing circumstances. b. To pay the damages sustained by the
petitioner Dela Cruz is constrained to file this Petition for ‘petitioner by reason of the wrongful acts or
Prohibition for the consideration of this Honorable
Court. From the foregoing, Pangilinan has , the respondent.
days from February 1, 2021, or until April 1, 2021 , within 3. Sworn certification of non-forum shopping
which to file the instant Petition for Prohibition. (AGPALO, supra at 427).
GROUNDS FOR THE ALLOWANCE OF THE
PETITION
(Discuss the grounds relied upon. Place in separate Republic of the Philippines
subsections if there is more than one ground) . REGIONAL -TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
WHEREFORE, V premises considered, Branch 1
Petitioner respectfully prays that this Honorable Court Manila
prohibits respondent judge from enforcing the Order
requiring him to answer the complaint and enter trial in JOHN LLOYD DELA CRUZ,
Civil Case No. 12345 of said Court. F ' 1 Petitioner,
_ _ SCA No. 12345
Petitioner likewise prays that respondent judge -‘ versus - For: Mandamus under
be prohibited from further proceeding in the action as it _ ‘ _ Rule 65 of the Rules of
is clearly beyond the said court's jurisdiction, said case *_ Court '
being under the jurisdiction of the, Labor Arbiter.’
SHERIFF GIL, in his capacity as City Sheriff of ‘Manila,
Other reliefs that may be just and equitable are Respondent. ' _
likewise prayed for. ' x ------------------------ x "
City of Manila, Philippines, February 20,

2021. - . r PETITION FOR MANDAMUS
'.\ .
(Signature of counsel), A
_ PETlTlON'ER_ John Lloyd Dela Cruz, thru
VERIFICATION AND CERTIFICATION OF NON- counsel respectfully avers:
FORUM SHOPPING ~
- This is a Petition for Mandamus under Rule
= JURAT , ~6.5'of the Rules of Court seekin th
. g e enforcement of
tml issued on February 26, 2021}
PRQQF OF SERWCE A ' 9at'§fl_l|"9 the money judgment contained in the
Decision of the Trial Court dated February 1, 2021.
(AGPALO, supra at 425) _
TIMELINESS OF THE PETITION
FORM NO. 59: PETITION FOR 1., " Petitioner is of legal age and residing all
MANDAMUS . Recto Ave., Manila. Defendant Sheriff of Manila is Of
Related Rule: RULES OF COURT, RULE 65 Sec '§Qill_aQ§ and may be sewed with summons and other
3 . . legal processes at the Office of City Sheriff of Manila-
2. _ On February 3, 2021, Dela Cruz received
the Notice of Decision/Order/Resolution Entered allfl
Definition: A verified petition filed when an the Decision dated 1 February 2021 of the Trial COWL-
tflbuflal. corporation, board officer or persol,
I . - I 3. A Writ of Execution was issued 0"
;'h"ea|\g‘l:vU|lsy flggiletzés the performance of an act which to satisfy the money judgment. _
an Officepirusfaoll egoins as a duty resulting from 4. Respondent Sheriff Gil received the WT"
Of Execution on March 3, 2021 but gp to presenlile mi
another from the r S hon’ qr. umawfuuy excludes @
. such
office to which use am!is e"l°Yment
other‘ of tha right
entitled and ' or - 5. There is no appeal, or any plai" a"d
Slleedy remedy in the ordinary course of law _other lha"
other plain‘
ordinary Speedy
course a"d(RULES
of law adequate‘
0;: remed€'r(-lrlsthg the instant petition.
65, Sec. 3). COURI R”'° 6. Under the foregoing circumstances’
Petitioner Dela Cruz is constrained to file this Petition l°'
g
1"
MEMORY AID
s'Ia‘”u“.“ycd’°.°'Lw'_R°cTa"°P9'lltOr\cCor\toi
Mandamus for the consideration of this HQn0|~ab|e 7. Attorney; and

Court. 8. Elusl Addendum:
7. By reason of the sheriffs unlawful refusal Verification and Certification of Non-Forum
to PQIIOHTI his ministerial duty, plaintiff suffered Shopping (AGPALO, supra at 435).
damages a"d '5 I° I"°"' BXDEIISBS Of litigation, including
attomey's fees of P1,000,000, which should be
assessed against the respondent.
8. From the foregoing, Dela Cruz has silty Republic of the Philippines
(5Q) daysfrom February 1, 2021,or until April 1,2021, REGIONAL TRIAL COURT
within which to file the_instant Petition for Mandamus. National Capital Judicial Region
Branch 1
WHEREFORE Premises considered Quezon City
Petitioner respectfully prays that this Honorable (gouri
order respondent Sheriff to immediately Implement the REPUBLIC OF THE PHILIPPINES.
Writ of Execution
' dated Febnia 26 2021. Petitioner,
_ Other reliefs that may be just and equitable
are likewise prayed for. SCA No. 12345
. versus - For: Quo Warranto
City of Manila, Philippines, April 1, 2021
MARIA LOURDHIEZ SERENA.
(Signature of counsel) Respondent.
P-M~~———X
FORUM SHOPPING ‘ PETITION FOR QUO WARRANTO
JURAT PETITIONER Republic of the Philippines,

through the Solicitor General, respectfully states that: .
PROOF OF SERVICE
l. NATURE OF PETITION
I
(AGPALO, supra at 427) ' This is a Petition for Quo Warranto contesting
l
U the assumption of Maria r Lourdhiez Serena as
-FORM NO. so: PETITION FOR‘ ouo Commissioner of lntemal Revenue. This is being filed in
WARRANTO accordance with Rule 66 of the Rules of Court. '
Related Rule: RULES OF COURT, RULE 66 . (Legal capacity ofpetitioner)
_ (Legal capacity of respondent)
Definition _ , (Discussion of facts)
Quo warranto is a remedy in case of usurpation of a . (Discussion of the grounds relied upon)
public office, position, or franchise, suchas in the wew~—. (Prayer)
~_-1i—'a,a~w
following cases: _' WHEREFORE,‘ premises considered,
1. A personwho usurps, intrudes into or unlawfully Petitioner respectfully prays that this Honorable Court
holds or exercises a public office, position or disqualify Respondent from holding office as
franchise; y Commissioner of lntemal Revenue.
2. A public officer who does or suffers an act which, Other reliefs that may be just and equitable are
by the provision of law, constitutes a ground for likewise prayed for.
the forfeiture of his office; or -
3. An association, which acts as corporation in the Makati City for Quezon City. March 3, 2021.
Philippines without being legally incorporated or
without authority to so act (RULES OF COURT, ROMINA MONDRAGON '
s—F-w4ir.w4u g Rule 66). Solicitor General
By:
Contents: (CaTiNa-BRe-VAP) JOSE GALITDA
v4-q_.. 1- Qgption (name of court, parties, docket no.); ' Assistant Solicitor General
2. ‘fltle; 134 Amorsolo St., Legaspi Village,
I - Mture of the Petition; Makati City
:J=~'O->
QWWIPCI (Signature of counsel) '
a. Personal circumstances of the parties
(Solicitor General and/or private individual);
and
FORUM SHOPPING
b. Qause of action (facts showing usurpation of
office and petitioner’s title thereto); JURAT
5- Qlief sought; ‘
6- llenue and date;
i
Na
3
L G
‘ LegalEan:JlddIi€:2l%t*c§
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 '
of Deeds of Manila, more particularly described ,2’

JUDICIAL " FORECLOSURE OF follows:
MORTGAGE
(Technical Description of Property)
3. Copy of said real estate mortgage is
Contents: (CTI-BRV-SA) attached hereto and made integral part hereof as Annex
1. Caption (name of court, parties, docket no.); "A." -
2. 1”itIe; - 4. Said Real Estate Mortgage was registered
introduction; with the Registry of Deeds of Manila on Februag 28,
P9’ Qody; (PD3AP) 2020.
a. Personal Circumstances of the parties; 5. Said Real Estate Mortgage is the first
mortgage constituted on said land and no other person
b. Date and Que execution of the mort9 a 9 e is claiming any other interest thereon.
(with assignments, if any); 6. One-year period has expired, without
c. Qescription of the mortgaged property; defendant paying the principal amount and" interest
d. Statement of the Qate of the note or other thereon. Accordingly, plaintiff demanded of defendant to
documentary evidence of the obligation pay his overdue obligations, despite such demands,
secured. defendant continually refuses to pay the same.
e. Amount claimed to be unpaid; and
f. Personal circumstances of the other . PRAYER
mortgagees of the property or any person
WHEREFORE, plaintiff prays for judgment _as
claiming interest thereon (must be included follows: a
as defendants); A ' ‘ I it a. _Orderipg defendant to pay plaintiff to pay
Qlief sought; Php 500;O00'with 6% interest per annum from Februagy
\ienue and date; , A - 28, 2020-, ' I
§ignature of Attomey; and - b. Upon failure of defendant to pay in full her
P°.~lF"-"‘ Plusl Addendum: Verification and Certification obligations within the period set by law, to issue a
. of Non-Forum Shopping (AGPALO, supra at decree of foreclosure for the sale at public auction of the
‘451). above-described parcel of land and for the disposition of
the proceeds thereof in accordance with law.
_ Other reliefs that are just and equitable are

Republic of the Philippines likewise prayed for.
National Capital Judicial Region City of Manila,,Philippines, March 3, 2021.
Branch 1
Manila (Signature ofcounsel)
BILI CRAWFORD,
Plaintiff, VERIFICATION AND CERTIFICATION OF NON-
FORUM SHOPPING
SCA N0. 12345
- versus — For: Foreclosure of Real . JURAT
Estate Mortgage
ANNEX “A”
SELLERINA GOMEZ,
Defendant.
(AGPALO, supra at 451) I
COMPLAINT FORM NO. 62: COMPLAINT‘ i=0R

Plaintiff BILI cgwrono throu n th JUDICIAL PARTITION OF REAL ESTATE
undersigned counsel, respectfully states that: Q e Related Rule: RULES OF COURT, RULE 69
1. Plaintiff is of . legal age. sin ge.
I and a Definition: A remedy available to a person having
resident of 1 Recto Ave., Manila, while defendant the right to compel the partition of real estate,
Sellerlna Gomez is' of legal age, single,
' and a resident
of 11 Recto Ave., Manila; ' ' (RULES OF COURT, RULE 69, Sec. 1).
2. On Februag 20, 2020 defendant
borrowed Php 500,000 from plaintiff, payable within one Requisites: (TDJ) '
year from said date, with fl interest per annum' to 1. Nature and extent of his Iitle; _
secure payment of such loan, she executed on ‘the 2. Adequate Qescription of the real estate of which
partition is demanded; and ‘
53. i-<51> 5
*2r,.,.,| °9°'l5°f\8 Center
3. Joining as defendants all the other persgns

interested in the prope RU
Rule 69. Sec. 1). fly ( LES OF COURT’ 1. Plaintiff John Llo d dela Cruz, is of legal
age, single, and a resident of
while defendant Anqelica Pangilinan IS of legal aqg.
Contents: (CTI-BRV-SA) single. and a resident of 11 Recto Ave., Manila; _
1, Qaption (name of court, parties, docket no ). 2 The said parties are co-owners, by virtue
. Iitle; " of intestate inheritance from their deceased parents, of
. introduction; certain real properties located in _1L_lL_N_0l@_|__$1-..
-kflfll.x) Qody: (CRAP) Sampaloc, Manila, more particularly described as
follows, to wit:
3- ::,°;eg;:§°'°W"ef$h|P and description of
(Technical Description of Property) _
b. Plaintiffs Bequest for partition and
c. Request for Amicable settlement of the 3. Dela Cruz desires that the above real
partition; and estate be partitioned between the plaintiff and the
d. Personal circumstances defendant; i
Belief; "4 Dela Cruz has requested of the defendant
yenue and date; that the ‘above-described real estate be amicably
§_ignature of Attorney; partitioned between them by mutual agreement, but the
9°.‘19*$" Plusl Addendum: C said defendant refused and continues to refuse to do so.
Verification and Certification of Non-Forum‘ WHEREFORE premises considered, it is
Shopping (AGPALO. Supra at 457). respectfully prayed that:
a. After a due hearing. the partition of the
above-described real estate be ordered between the
Republic of the Philippines plaintiff and the defend_ant, share and share alike; and
REGIONAL TRIAL COURT b. The costs and expenses of these
National Capital Judicial Region proceedings be taxed solely against the defendant.
Branch 1
Manila Other reliefs that may be just and equitable are
likewise prayed for.
JOHN LLOYD DELA CRUZ, City of Manila, Philippines, March 15, 2021.
Plaintiff,
SCA No. 12_345
- versus - For: Judicial- _ PTR No. 78910: 1/1/xx - Manila
Partition of Estate MCLE No. I-02345; 9/2/xx
MCLE No. ll-67891; 9/2/xx
ANGELICA PANGILINAN. -
Defendant.
-- x VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
COMPLAINT
JURAT
Plaintiff John Lloyd Dela Cruz (hereinafter
nl?>s@>p:ctff’
I >|;;1Zst)étesfJ1<::§I
" h h th 8 “" d8's‘'9 ned counsel (AGPALO. supra at 457)
, \
y LEGAL FORMS
_ Legal and Judicial Ethics
SAMPLE“ EJECTMENT FORM
NOTE: This is a Special Civil Action under the Rule on Summary Procedure within the Exclusive Origina|
Jurisdiction of the MTC. ‘ l '
Republic of the Philippines T

MUNICIPAL TRIAL COURT '
Branch 1
‘ Bataan
Name of Plaintiff,
- Plaintiff, , "
r SCA No. I Caption J
-versus- For: ‘
Name of Defendant _
. Defendant.
x—-—'-i————x - V
. COMPL/AINTEI '; W . Title I

.U_
PLAINTIFF, by counsel, and icbthis Honorable Court, respectfully \ _ ‘

. alleges; , I . I ,. . ‘I t
1. Personal circumstances‘of the Parties; - I-
2. FOR FORCIBLE ENTRY, P/aintiffs-must allege that:

a. They have prior physical possession’ of the property;
b. . That they were deprived of possession either by force, »~
intimidation,threat. strateqy or stealth; and
c. That the action was filed within one (1)_year from the time
the owners or legal possessors Ieamed of their .
deprivation of the physical possession of the property ‘ '
- >| Body i I
3. FOR UNLAWFUL DETAINER, Plaintiffs must alleqe that:
' a. lnitiaIly,_possession of property bv the defendant was by
contract with or by toleranceof the, plaintiff;
b. Eventually, such possession became illegal upon notice
gyplaintiff to defendant of the termination ofthe latter's
right of Qossession; . .
c. Thereafter, the defendant remained in possession of the
property and deprived the plaintiff of the en[9_yment -
thereof‘ and
d. Within one veer from the last demand on defendant to 1
vacate the property, the plaintiff instituted the complaint
for eiectment . -
WHEREFORE, premises considered, plaintiff respectfully prays }- I Relief :|

from this Honorable Court:
(Enumerate intended reliefs) -
I (Venue and'Datel' - ' -9 I Venue and Date :I
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. »
City of Manila, Philippines, March 7, 2021.

Republic of the Philippines (Signature of counsel)
MUNICIPAL TRIAL COURT
Branch 1 ‘
Bataan ~ VERIFICATION AND
CERTIFICATION oi= NON-FORUM SHOPPING
Plaintiff, JURAT
SCA No. 12345

-versus- For: Unlawful Detainer (AGPALO, supra at 461)
ANGELICA PANGILINAN. FORM NO. 64: COMPLAINT FOR

Defendant. FORCIBLE ENTRY
x_€___-----><
COMPLAINT
Definition: A complaint filed by a person deprived of
PLAINTIFF, bycounsel, and to this Honorable the possession of any land or building by force
Court, respectfully alleges: intimidation, threat, strategy, or stealth, at any time
within one (1) year of such unlawful deprivation
1. That the plaintiff, is of legal age and resident (RULES OF COURT, Rule 70, Sec..1).
Of 3 San Nicolas St. Mariveles, Bataan; while the
defendant is also of legal age, with residence and post NOTE: This is a Special Civil Action under the Rule
office address at 50 San Nicolas St. Mariveles, on Summary Procedure within the Exclusive Original
Bataan;
2. That the plaintiff is the absolute owner and
lessor of that certain building located at 5 San Nicolas
*
LEGAL F0
Legal and Judiciallgmci
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)
Republic of the Philippines VERIFICATION AND CERTIFICATION OF NON-

MUNICIPAL TRIAL COURT FORUM SHOPPING
Branch 1 . JURAT
Quezon City
(A GPALO, supra at 460)
Plaintiff,
- versus - * '
SCA No. 12345 APPEALS
t ~F0i'I Forcible Entry
SHAINA MAGMAYAO and

ANGELICA PANGILINAN
Defendants.
SAMPLE NOTICE OF
COMPLAINT , ‘- j APPEAL/‘RECORD ON
Plaintiff, through the undersigned counsel,
- APPEAL
respectfully alleges that: »
1. Plaintiff John Lloyd Dela Cruz, is of ggg
and a resident of #143 New York St. Cubao, Q_Q; while
Defendant Boy San Juan, is of leqal aqg, Filipino, with
residence at #100 Sisa Street, Batasan Hllls,Quezon
Qty, and Defendants Shaina Magmayao and
Anqelica Pangilinan are of leqal aqes, Filipinos, with
residence at #101 Sisa Street, Batasan Hills,-_Quezon _ Judicial Region .
Branch and Branch Number
Q31 where they may have served with summons and
other court processes City/Province
2. The plaintiff is the absolute owner of a
fenced mango orchard located in #143 New York St. JOHN LLOYD DELA CRUZ,
Cubao, Quezon City; Plaintiff,
3. Sometime in March 4, 2021, defendants,
forcefully destroyed the fence surrounding the said - versus -
property, and cleared the property from the one hundred , _ Civil Case No._____
twenty mango trees planted therein to build their Fo_r: __§____
shanties without any authorization nor consent from the
plaintiff; ANGELICA PANGILINAN
4. Despite repeated demands to vacate the Defendant.
premises, defendants continued to occupy the subject x---------__--_.__.x
property, thereby depriving the plaintiff of lawful
possession thereof; and NOTICE OF APPEAURECORD ON APPEAL
5. As a result of the defendants‘ unlawful
ocoup ation of the property . plaintiff suffered actual DEFENDANT, by counsel and to this Honorable
damages of TWENTY THOUSAND PESOS (Php 20, Court, hereby gives notice that he is appealing Ih°_
15*’
. l.4. .E. .'5. 1.:Q. :l.3. Y. . 'f-Z~.IQ...
adverse decision of this Court dated , a copy 4. Statement of the fact
of which was served on defendant on to the - Enumeration of facts which constitute the
Regional Trial Court, the same being contrary to the tasts backbone of a legal document:
and the law. . a. It should contain the facts admitted by the
The parties in this appeal are defendant as parties as well as the facts in controversy;
appellant and the plaintiff as appelIee_ and
b. Should be supported by page references to
(State timeliness of filing the appeal) . the record;
Defendant has paid the appeal fees per Official
5. Statement of the Issues
::§|ZisI':dI‘I°" e dated A a copy of which is
- It puts forth the question of facts or law to
be resolved by the appellate court. it is not the
WHEREFORE, it is respectfully prayed that the same with Assignment of Errors;
F900"? Of the C858. as well as the official receipt of
payment of appeal and other fees, be elevated to the
RTC for disposition of the appeal. . ' 6. Arguments ~
- The arguments to support orjustify the
_ (Place and date) contentions stated in the assignment of errors
(Signature of counsel) which would resolve the issues. It should be
supported by citations and authorities; and
(Service of Notice of Appeal/Record on Appeal)
(Proof of Service) 7. Prayer
- The reliefs prayed for by the appellant or
his desired result (De Liano v. Court of
Appeals, G.R. No. 142316, November 22,
FORM NO. 65: APPELLANT’S' BRIEF 2001). A
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
STATEMENT OF THE CASE FORM NO. 66: NOTICE OF APPEAL

Present here a clear and concise statement of Related Rules: RULES OF COURT, RULES 40 aE
the: 41
. Nature of the action;
. Summary of the proceedings,‘ NOTE: Must show on its face that it was filed within
ODD). Appealed rulings and orders of the court; the fifteen (15)-day period or thirty (30)_day
d. Nature of the judgment, quoting the period (where record on appeal is required), and
dispositive portion thereof; and that the appeal fees were paid (RULES OF COURT’
e. Any other matters necessary to an Rule 40, Sec. 2).
understanding of the nature of the controversy, with
page references to the record.
Contents: (PJM) .
_ STATEMENT OF THE FACTS 1. Parties to the appeal;
2. gudgment or final order or part thereof appealed
The facts in this case are as follows: from; and I
(Under this, present a clear and concise statement in a 3. Material dates showing the timeliness of the
nanative form of the facts admitted by both parties and appeal (AGPALO, supra at 299). -
of those in controversy, together with the substance of
the proof relating thereto in sufficient detail to make it
clearly intelligible, with page references to the record ORDINARY APPEAL
and to the transcript of record.) FROM THE MTC TO THE RTC a
_ STATEMENT OF THE ISSUES 7»
Republic of the Philippines I
The issues of law and of facts Faised in this ' .MUNlClPAL TRIAL COURT
case are as follows: .- ..~"‘ ' Branch 1
(Make a clear and concise statement of the issues of 5~ I. Manila
fact or law to be submitted to thecourt foritsjudgment.)
JOHN LLOYD D,ELA\CRUZ.
1 Plaintiff;
ARGUMENTS ~
_ ~ ‘ I ‘ SCA: No. 0043
(Discuss under each of assigned errors appellant's . ¢ versus 3 For: Forcible Entry
arguments, with page references toithe record. The
authorities relied upon shall be ‘cited by the’GR.= No. of ANGELICA ‘PANGILINAN
the case and the date) . . ‘ . ' _ ~ Defendant.
, it - x-------------------—~—-—--x
For instance: People of the Philippines Juan Tamad,
GR. No. 55555, August 15,2021 ~_ I " - ' NOTICE OF APPEAL
PRAYER I ‘ _ I DEFENDANT, by counsel and to this

Honorable, Court hereby gives notice that he is
WHEREFORE premises considered, Plaintiff- appealing the_adverse decision of this court-dated
appellanf respectfully prays from this Honorable Court , copy of which was served on the
that the Decision dated [Date of Judgment] be reversed defendant on , to the Regional Trial
and set aside, and judgment be rendered in favor of Court, the same being contrary to the facts and the law
Plaintiff-appellant and for such other relief consistent The parties in this appeal are defendant as
with law and equity, and for costs. ~' appellant and plaintiff as appellee.
_ Other reliefs that may be just and equitable
are likewise prayed for. Defendant has paid th I f , r
Official Re ceip
't No. ‘4378, dated eFebruagy
appea 15,
ees2021,
pe
City of Manila, Philippines, March 3, 2021. copy of which is attached.
. l - .
(Signature of counsel) WHEREFORE, premises considered, it is

"‘-‘_5Pe0lfully_ prayed that the records of the case together
_ APPENDIX "A" Wm‘ the °"9inal of the Official Receipt of payment of
(Certified True Copy of Judgment Appealed from)
appeal and other fees, be elevated to the RTC for
disposition of the appeal. - I
(Copy fumished) '
. . of.Manila Phil
City . I ine Fb 202021.
PROOF oi= SERVICE T E) S’ 9 wary '
(A GPALO, supra at 326) (Signature of
' counsel)
. SERVICE OF NOTICE
PROOF OF SERVICE
_ \ /
MEMORY AID
SI\ Bid! UVVWWY COBQQ 0| Law ~ RQC1 98 ooomwn. ‘hm’
(AGPALO. supra at 299) '
FORM NO. 67: PETITION FOR REVIEW TIMELINESS OF PETITION

Related45Rules: RULES OF COURT
43.44’ , .RULES 41,42, 1. On March 24, 2021, petitioner received a
copy of the decision of the RTC in Civil Case No.00001.
Certified true copy of the decision is attached hereto as
°°""“‘9"= A verified Petition filed to the Court of ANNEX "A".
Appeals in cases decided by the Regional Triai 2. On April 4, 2021, or within the 15-day
Court in OF
theCOURT.
exerciseRule
of its ll t Jurisdiction
' ‘ ' ' period from receipt of said decision Annex "A," petitioner
(RULES 42’é1St>:ce1a.e filed a motion for reconsideration of said decision. On
Agril 9, 2021, the trial oourt denied said motion for
reconsideration, copy of which was received by
PartslContents: _(NaPa-FlT~DPEG) petitioner on Agrll 21, 2021. Certified true copy of the
1. Mture of the Case; order denying the motion for reconsideration is attached
. flrties; . hereto as ANNEX “B”.
. Statement of facts and Matters Involved: 3. The instant petition is filed within 15 days
. Issues Raised; from receipt on May 02, 2021 of the order denying the
. Iimeliness of the Petition; motion for reconsideration. (ANNEX “A")
. Qiscussion; FACTUAL BACKGROUND AND PROCEEDINGS
.. Prayer;
§rrors Committed by lower court; and The factual background and proceedings are
Qrounds or reasons for allowance of Appeal as follows:
(AGPALO, supra at 314).
(Here make concise statement of the facts and
proceedings that took place in the MTC and RTC, until
the latter rendered its questioned decision and its date
Republic of the Philippines of receipt by petitioner).
COURT OF APPEALS
Manila - ISSUES RAISED
JOHN LLOYD DELA CRUZ, . The issues raised in this petition are:
Petitioner, ' (Enumerate only issues of law)
CA-G.R. SP. N0. 12345 , ERRORS COMMITTED BY TRIAL COURT

- versus - '
(Enumerate the errors of facts and law)
Respondent. GROUNDS OR REASONS FOR ALLOWANCE OF
x--—-—---——ix WRIT PRAYED FOR
PETITION FOR REVIEW . (Enumerate the grounds or reasons)
Petitioner, by counsel and to this Honorable DISCUSSION

Court, respectfully alleges: _ (Discuss in detail each of the grounds)
_ NATURE OF THE PETITION PRAYER

WHEREFORE, premises considered,
This is a Petition for Review pursuant to Rule petitioner respectfully prays from this Honorable Court:
42 of the ROC of the decision of the Regional Trial Court 1. That the Decision dated [Date of Judgment]
of Manila, Branch 1, entitled, John Lloyd Dela Crur v. be set aside; _‘
Angelica Pangilinan, Civil Case No. 00001, which 2. That the case be remanded to the lower
affirmed the decision of the Metropolitan Trial Court in court for further proceedings; and
Civil Case No. 00001 dismissing- plaintiffs (now 3. That attomey's fees and costs of suit be
petitioners) complaint for ejectment, upon defendants shouldered by Respondent.
(now respondent's) motion to dismiss on the ground of Other reliefs that may be just and equitable are
lack of jurisdiction over the subject matter.
likewise prayed for.
THE PARTIES
City of Manila, Philippines, May 13, 2021.
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
(AGPALO. supra at 314)

beginning; - l
SPECIAL PROCEEDINGS
containing an area of THREE HUNDRED FIFTY (350)
square meters, more.or less. All points referred to am
indicated on the plan and are marked on the ground by
I
P.S. cyl. conc. mons. 15 x 60 cm.s; bearings true, date
of the original survey, December 17, 1908 & February
14 — 17, 1966.
FORM NO. 68: EXTRA JUDICIAL xxx xxx _ xxx l
I
SETTLEMENT OF ESTATE OF A
Bounded on the S. along line 1-2 by Lot 1513; on
DECEASED PERSON - the W., along lines 2-3-4-5-6 by Lot 1488; on the N. l
Related Rule: RULES OF COURT, Rule 74 along lines 7-8-9 by Lot 1476 and on the E., along line
9-1 by Lot 1488, all Cad- D, Manila Cadastre. .
When Applicable: If the decedent left no will and no
debts and the heirs are all of age, or the minors are » XXX XXX XXX.I, I
represented by their judicial or legal representatives l
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
Republic of the Philippines ) Republic of the Philippines

Municipality of Mariveles, Province of Bataan ) Municipal Trial Court .
S.S. National Capital Judicial Region
Branch 1 T
ACKNOWLEDGMENT . ' Manila
BEFORE ME, a notary public in and for In the Matter of the _

Mariveles, Bataan, Philippines, personally appeared Summary Settlement of the
Emesto Juan, Josefa Juan, and Maria Juan with CTC Estate of Don John Lloyd Dela Cruz.
No. 34562 issued on January 5, 2021 at Mariveles,
Bataan; with CTC No. 56902 issued on Januagi 5 2021 JUNAKIZ DELA CRUZ.
at Mariveles Bataan: and with CTC No. 30294 issued Petitioner.
on January 5, 2012 at Mariveles, Bataan, respectively: SP. Proc. No. 0683
and they presented to me the instrument titled x -----------——--—--— x
EXTRAJUDICIAL SETTLEMENT OF THE ESTATE BY
THE HEIRS, of the deceased Don Juan Miguel Cruz, PETITION .
who are known to me personally and who executed said
instrument, and who acknowledged to me that the COMES NOW, the petitioner by the
signatures on the instrument were voluntarily affixed by undersigned attorney, and unto this Honorable Court,
them for the purposes stated in the instrument, and respectfully avers:
declared to me that they have executed the instrument
as their free and voluntary act and deed. 1. That the petitioner, a resident of 3 Tayuman
St. Tondo Manila is the son of Don John Lloyd Dela
This instrument refers to the extrajudicial Cruz deceased, who died intestate on February 5,
settlement of personal properties and of parcels of land 2021 in the Clty of Manila;
2. That the said deceased Don John Lloyd
located in Mariveles, Bataan and consists of 3 pages Dela Cruz left real estate located in Tondo Manila,
including the page where the acknowledgment is
theqross value of which does'not exceed TEN
written, signed by the parties and their instrumental THOUSAND PESOS (P10,000.00l_ as evidenced. by a
witnesses at the bottom of the last page and at the left certificate of assessed value of said property, issued by
hand margin of each and every page hel’e0f- City Assessor hereto attached as Annex “A” and made
an integral part of this petition;
lN WITNESS WHEREOF, I have hereunto set my ‘3. That the following persons, all of age, are
hand and affixed my notarial seal this £1 day.0fM_§_Ehi the sole, lawful, and exclusive heirs of the said
2021 at Bataan, Philippines. deceased Don John Lloyd Dela Cruz:
(Signature of notary public) Name Address A
Uno Cruz 5 Leqarda St. Manila
Dos Cruz 6 Anda St., Manila
Doc. No. 5 ~ 4. That the debts existing at the time of the
Page No. 10 death of the deceased, Don John Lloyd Dela Cruz, are
Book No. Ill as follows, to wit: -
Series of 2021.
Name Address Amount due
(GUEVARA, supra 102.) I ' lno Tangan 5 Kalaw St. Manila P 2,000.00
Manny Ngil 3 Tayuman St. Manila P 3,000.00
Nina Kawan 6 Malate, Malate P 4,500.00
FORM NO. es: SUMMARY SETTLEMENT
OF
T
ESTATES OF SMALL VALUE fthe 5. That it is desired that the estate of the
deceased Don John Lloyd Dela Cruz, be settled
Definition: Procedure filed for the settlement o _ summarily and apportioned and divided among the
estate of a deceased with 9"°55 3:38 "géfifggdgig; above-mentioned heirs, without the appointment of an
ten thousand pe$0$ (P1090 ' ) executor or administrator. '
COURT, Rule 74, Sec. 2)-
WHEREFORE, it is respectfully prayed that;
LEGAL F
Legal and Judiciqailgmci
. 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 :4. The petitioner is legallyqualified to act as

Contents of Petition: (JuPe-VaNaC) executorland hereby consents to accept said trust,
1. Jgrisdictional facts; r -- 5 The names, ages, and residences of the
a. That the testator died leaving a will; P heirs, legatees, and devisees of said decede nt are as
b. ln case the testator , resides in the follows: , ~
Philippines, that he -died in the province - Uno dela Cruz v 37 years old 29 P. Noval St.,
where the court. exercises territorial Sampaloc, Manila .
jurisdiction; or if thef testator is ',a_ non- : . Dos dela Cruz 45 years old 29 P Noval St.
resident, that he has, left an. estate in the Sampaloc, Manila . ,
province where the court is situated; and. 6. That the property left by the decedent
c. That the testament or last Will of the consists of. real and personal property, the gross value
deceased has been delivered to the court of which is FOUR MILLION PESOS (P 4,000,000.00);
and is in the possession thereof. (DE LEON, 7. The testator at the time' of the execution
Comments and Cases on Succession, ofthe said will was 72 years old, of sound and disposing
[2017], p. 210 [hereinafter DE LEON, mind, and not acting under duress, fraud, or undue
Successionj). influence and was in every respect capacitated to
2. Qrsonal circumstances (i.e. names, ages, and dispose of his estate
residences) of the heirs, legatees & devisees; r 8. Petitioner, as named executor, moves and
3. Pro b a ble _
Value and character of property; prays that letters testamentary be issued to him; that he
4. _Ngme of the person for whom letters are prayed ' co m p etent to serve as executor and is ready to give
is
a bond as required by the Rules of Court.
for; and
5. Person having Qustody of the will (if the same is WHEREFORE, it is respectfully prayed, l1P°"
not delivered to the court). proper notice and hearing:
1. The above-mentionedwilt be admitted t0
probate; . "
Republic of the Philippines 2 Letters testamentary (orofadministraliofll
REGIONAL TRIAL COURT be issued to herein petitioner, without bond;
' National Capital Judicial Region 3. Such other relief be granted as may be
Branch 1 deemed just and equitable in the premises.
Manila
City of Manila, February 12, 2021.
Petition for the Probate of the (Signature of counsel)
last will and testament of the late .
Don John Lloyd Dela Cruz
j"
.':l...E...I.l:Q;I.3..Y....»°.~.I..'.?........
VERIFICATION 8| CERTIFICATION OF NON-FORUM Anaklz dela Cruz, daughter, of legal age and
' SHOPPING ‘ resident of 24 Recto Ave Manila
(GUEVARA, supra at 307) / 4. Deceased left the following real and

personal properties:
FORM NO. 71: PETITION FOR LETTERS A parcel of land (Lot 3, Block 1 of the
OF ADMINISTRATION subdivision plan (LRC) Psd-11111, being a portion of Lot
Related Rule: RULES OF COURT, RULE 79 1-B, described on plan Psd-12222, LRC (GLRO) Rec.
No. (NA), situated in Recto Ave. Manila. Bounded on the
N., points 1 to 2 by Lot 1, Block 1; on the E., points 2 to
Contents of Petition: (JuPe-ProN) 3 by Road Lot; on the S., points 3 to 4 by Lot 5; and on
1. J_urisdictionaI Facts; . , the W., points 4 to 5 by Lot 6; points 5 to 6 by Lot 4, and
a. That a person died intestate, or having died points 6 to 1 by Lot 2, all of Block 1, all of the subdivision
Ie$taIe- did "OI flame anexecutor in the will, plan. Beginning at a point marked “1" on the plan, being
or the executor or executors are N. 14 deg. 20' E., 53.29 m. from Mon. #1, City of Manila.
incompetent, refuse the trust, or fail to give thence N. 87 deg. O9‘ E., 13.88 m. to point 2,;
a bond; and thence S. 3 deg. 14’ E., 17.64 m. to point 3;
b. In case the decedent resides in the thence S. 88 deg. 01' W., 13.88 m. to point 4;
Philippines, that he died in the province or
thence N. 2 deg. 48' W., 2.45 m. to point‘5;
city where the court exercises territorial thence N. 2 deg. 17’ W., 6.55 m. to the point of
jurisdiction; or if the decedent is a non- beginning;
resident, that he has left an estate in the i - containing an area of TWO HUNDRED FIFTY
province or city where the court is situated FIVE (255) hectares, more or less. All points referred to
(RULES OF COURT, Rule 78, Sec. 6; DE are indicated on the plan and are marked on the ground
LEON Succession, supra at 210 by P.S. cyl. conc. mons. 15 x 60 cm.s; bearings true,
I )1’
date of the original survey, December 17, 1908 &
2. Personal Circumstances (i.e. names, ages, and February 14.-'-17, 1966.
residences) of the heirs & (names and
residences) of the creditors; xxx _ _ xxx xxx
3. ibable value & character of the property of the
estate; and , . Bounded on the s. along line 1-2 by Lot 1513;
4. Name of the person for whom letters are prayed. 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.
REGIONAL TRIAL COURT xxxl . xxx xxx."
National Capital Judicial Region -
Branch 1 With an approximate value of FOUR
Manila MILLION PESOS P4 000,000.00) and personal
properties namely Mercedez Benz 300TE Wagon, 1
In the Matter of the intestate, 997 Honda Civic, and a 30K Gold Necklace with a
Estate of John Lloyd dela Cruz. . total approximate value of TWO MILLION PESOS
(P2,000,000.00)
' SP. Proc. No. 458
FOR Issuance of Letters
of Administration WHEREFORE, it is prayed that, after due
notice, publication, and hearing, letters of ‘administration
JUNAKIZ DELA CRUZ, ' of the estate of the deceased Juana Dela Cruz be issued
Petitioner. . to petitioner and_for such other reliefs as are provided in
X ' T‘ TX the Rules of ,Court. ~ I '
PETITION City of Manila, February 12, 2021.

Petitioner, by the undersi9"_°d °°“"seI'
respectfully alleges thatz‘ _ I _th
1. Petitioner IS “(if I393" 398- smge W‘ CERTIFICATION OF NON-FORUM SHOPPING
residence2_et
she is the spouse of deceased John
Lloyd Dela Cruz who died intestate in Recto Ave., (GUEVARA, supra at 309)
Tog JarI1)u<=:aceaee§°.TcIhn Lloyd _dela Cruz left the
f ll ' h’ : -
0 °wmgJ:Iir:kiz dela Cruz, wife, of legal age and
resident of M3EI§
I 7
LEGAL F0
Legal and Judiciagmg
FORM NO. 72: ESCHEAT Makati City, Philippines, March 1, 2021. I

Related Laws: E.O. 292; RULES OF COURT, | I
I
RULE 91 (GUEVARA, supra at 316)
Definition: Petition filed by the Solicitor General or FORM NO. 73: PETITION FOR
his representative in behalf of the Republic of the GUARDIANSHIP OF MINOR '
Philippines, when a person dies intestate, seized of
real p_roperty in the Philippines, leaving no heir or Related Rules: A.M. No.~ 03-02-05-sc (E I
person by law entitled to the same (CIVIL CODE, guardianship of minor); RULES OF COURT, RULES
Arts. 1011-1014). 92-97 (for guardianship of incompetents who are
NOT minors). .
Contents: (FRP) ‘
1. Allegation of facts of death, Contents of the Petition: (JuWaG-D-ReRe-Pmg)
2. Residence and/or places where the deceased. 1. J_urisdictionaI Facts; J
has an estate, if the decedent is a non-resident; a. That the ward or minor resides in the city or I
and ‘province where the court exercises territorial
3. Erayer that the estate of the deceased be jurisdiction; or if the minor or ward resides in
declared escheated. a foreign country, he has property in the
province or city where the court is situated;
and
Republic ‘of the Philippines b_. The incompetency or minority of the person
REGIONAL TRIAL COURT . for whom guardianship is sought.
National’CapitaI Judicial Region 2. Personal circumstances of the fird;
Branch 1 I
Manila 3.-A grounds for guardianship;
_4. Qeath of the parents of the minor or termination
REPUBLIC OF THE PHILIPPINES I or suspension of parental authority;
Plaintiff, ‘ , . 5. fgmarriage _of minor’s surviving parents;
6. Personal circumstances of the Elatives of the
- versus - Spec. Pro. Case No.. minor within 4"‘. civil degree and persons having
For: ESCHEAT him in their care and custody;
7. I Probable value, character and location of
The Estate of James John Reid, g_ yperty; and '
Defendant ' ~
8. Personal circumstances of the prospective
xi-—-——-x guardian. ,_ ' ~
PETITION NO']_'E:’The petition must be verified with a certificate
of non-forum shopping. I
Solicitor General Romina Mondragon, in behalf of
the Republic of the Philippines, unto this Honorable
Court, respectfully avers that: - - I
1. James John Reid, an American citizen, REGIONAL TRIAL COURT
and resident of 56 NYC Bldg, Ordonell St., Makati National Capital Judicial Region
_C_it1_ died intestate in the said city on Januagy 1, 2020; _ Branch 1 A
2. At the time of his death, he left personal Manila
and real property in the city, to wit: , '
a. Condominium Unit (Unit No. 2123 In the Matter of Petition for Guardianship
with Parking Unit No." C-2123 over the person and property of the
located at 44"‘ floor, Ay_ala Trianqlg, Minor Junakiz dela Cruz.
Tower 1, Ayala Avenue, Illlakati
iln SP. Proc. No. 1234
b.One (11 MacBook Air lagtog
c.One (1) Toyota Super Grandia van Grandpapshie dela Cruz
with glate number AAA 2001 Petitioner.
3. He left no heir or persons who by law
X --——---i—- X
are entitled to Inherit his personal and real property_.
WHEREFORE, it is respectfully prayed that,
upon due notice and hearing, and after payment of his PETITION FOR GUARDIANSHIP OF MINOR
just debts and charges, the estate of the deceased
The petitioner, thru the undersigned counsel-
James John Reid be declared escheated in favor of the respectfully represents that:
Government, in accordance with law.
./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.
VERIFICATION AND (Venue, date, signature)

CERTIFICATION OF NON-FORUM SHOPPING
(GUEVARA, supra at 317; A.M. No. 03-02-05-SC, VERIFICATION AND

May 1. 2003) CERTIFICATION OF_NON FORUM SHOPPING
FORM NO. 74: PETITION FOR HABEAS (GUEVARA, supra at 32; A.M. N0. 08-1-16-SC)
CORPUS
Definition: A petition for the issuance of a writ to the

Republic of the Philippines Supreme Court, Court of Appeals or Regional Trial
REGIONAL TRIAL COURT Court, in its limited jurisdiction, to all cases of illegal
.- National Capital Judicial Region confinement or detention by which any person is
Branch 1 deprived of his liberty, or by which the rightful
" Manila custody of any person is withheld from the person
lliss lng,
entitled thereto (RULES OF COURT, Rule 102, Sec.
Petitioner, 1).
. ygrsug - SP. PFOC. N0. 1234 _ NOTE: In case of imprisonment or restraint by an
'' For: Writ of Habeas officer, the writ shall be directed to him, and shall
- Corpus command him to have the body of the person
Kid Napper,
Respondent
restrained of his liberty before the court or judge
X . . ~——— x
In case of imprisonment or restraint by a person not
PETITION an officer, the writ shall be directed to an officer
(ld.).
Y
LEGAL FO
Legal and Judicialgmig
The P§l’$0fl I0 be produced should be designated in
the writ by his name, if known, but if his name is not VERIFICATION AND
known he may be otherwise described or identified CERTIFICATION OF NON-FORUM SHOPPING
(Id. at Sec. 7).
NOTE: No writ of habeas corpus can be disobeyed (AGPALO, supra at 517,‘ A.M. N0. 03-04-04-S())
for defect or form, if it sufficiently appears therefrom
in whose custody or under whose restraint the party Contents: (Per NAP-MO)
imprisoned or restrained is held and the court or 1. The gsonal circumstances of the petitioner
jsdge before whom he is to be brought (Id. at Sec. and the respondent; ,
2. The Name, Age and Present whereabouts ofthe
minor and his or her relationship to the petitioner
and the respondent; A
FORM NO. 75: PETITION FOR HABEAS 3. The Material operative facts constituting
CORPUS FOR CUSTODY OF A MINOR deprivation of custody; and -
Related Rule: A.M. N0. O3-04-O4-SC ' 4. Such Qther matters which are relevant to the
custody of the minor (A.M. No. 03-04-04-Sc,
Sec. 4, par..1). _
REGIONAL TRIAL COURT NOTE: The verified petition shall be accompanied by
National Capital Judicial Region a certificate against forum shopping, which the
Branch 1 petitioner must sign personally (Id. at Sec. 4, par. 2).
Manila
Name of Petitioner, FORM NO. 76: PETITION FOR WRIT OF

Petitioner. HABEAS DATA -
Related Rule: A.M. No._ 08-I1-16-SC, January 22,
- versus - SP. Proc. No. 2008, effective February 2, 2008
For: Habeas "Corpus of
minors (nameof minor/s). Definition: A petition for the issuance of the writ of
Name of Respondent, ' ' I habeas data, which is a remedy available to ANY
Respondent. - PERSON: _ '
x ——-———---------——--—----—— x" 1. . Whoseright to gilagy in life, liberty or security;
2.. Is violated or threatened to be violated; s
PETITION By an unlawful act or omission;
PF" .Of a public'official or employee, or of a private
PETITIONER, by courisel, respectfully states individual or entity engaged in the gathering.
that: i collecting, or storing of data or information
STATEMENT OF THE FACTS i ~ regarding the person, family, home, and
(Narrate the relevant facts giving rise to the _ ' correspondence of the aggrieved party.
contmversy)
STATEMENT OF THE ISSUES Contents: (CTI-BR-SAV)
(State the issue desired to be resolved, which must be 1. Qaption; ‘
limited to issues of law) 2. Iitle;
Introduction;
ARGUMENTS P9’ §ody: (PMAL) ‘
(Discuss in detail, cIear1y and concisely all the a. Personal circumstances of parties; '
arguments supporting the issues raised)
b. The Manner the right to privacy is violated OI
RELIEF threatened and how it affects the right to life-
WHEREFORE, Petitioner respectfully prays liberty or security of the aggrieved p8FIYi
that a writ of habeas corpus issue directing respondent c. Actions and recourses taken bll II‘?
to make a retum showing his legal authority to detain the petitioner to secure the data or information.
minor children, subject of this petition, and thereafter, and
present the minor children personally before the Court d. Location of the files, registers or database?
on a date and time it chooses. the govemment office, and the pef9°II "I
charge, in possession or in control of III9
(Signature of Counsel) data or information, if known;
5. Relief; -
[P/ace date S,-gnature! g '6. §ignature of Attorney; and
7. Pluslgddendumz
(Proof of service)
1*’
MEM/Q~'RY AID
s|v\BodaL)'IvoreRyColoqeotLaw~R<3CYBu0pq;g|°mC.,,,.,
3_ yerification and Certification of Non-Forum

Shopping. FORM NO. 77: PETITION FOR WRIT OF
AMPARO
Related Rule: A.M. No. 07-9-12-SC
SUPREME COURT Definition: A petition for the issuance of a Writ of
Manila Amparo which is a remedy available to ANY
PERSON:
Name of Petitioner, 1. Whose right to life, liberty and security
Petitioner, 2. ls violated or threatened with a violation;
By an unlawful act or omission; and _
G.R. No. 1234 _ 1”?’ Of a public officer or employee, or a private
- versus - ~ For: Writ of Habeas Data
individual or entity (A.M. No.‘ 07-9-12-SC, Sec.
Name of Respondent, _ 1). ~
Respondent.
X» —— —— _x Contents: (CaTl-PRIA-RAPVe)
1. Qiiption;
. PETITION - 2. Iitle;
Introduction;
COMES NOW, petitioner, thru the P9’ Body: (PRIA)
undersigned counsel, respectfully avers that: a. Eersonalcircumstances of parties; "
STATEMENT OF FACTS
b. The Right to life, liberty and security of the
(Clearly state the following: aggrieved party violated or threatened with
- The name of the parties and their residences . violation by an unlawful act or omission of
- The manner the right to privacy is violated or the respondent, and how such threat or
threatened and how it affects the right to life, liberty or violation is committed with the attendant
security of petitioner _ circumstances detailed in supporting
-State the actions and recourses taken by the affidavits;
petitioner to secure the data or information . c. The Investigation conducted, if any,
- State the location of the files, registers‘ or databases, specifying names, personal circumstances,
govemment office and the person in charge, in and addresses of the investigating authority
possession and control of the data or information) or individuals, as well as the manner and
conduct of the investigation, together with
RELIEFS .
any report; and
WHEREFORE, it is respectfully prayed
d. Action or recourses taken by the petitioner
that: to determine the fate or whereabouts of the
(State clearly the reliefs desired) j aggrieved party and the identity of the
person responsible for the threat, act or
gnission entity (A.M. No. 07-9-12-SC, Sec.
(Place, date, signature)
(Proof of service) ‘Belief;
Attorney; ,
VERIFICATION AND CERTIFICATION OF NON- Plus/Addendum; and
FORUM SHOPPING . P°.‘I.°’$JI lerification and Certification of Non-Forum
Shopping. -
(GUEVARA, supra at 323; A-M N°- 08-1-16-SC) NOTE: Currently limited to the two grounds of
enforced disagpearances and extrajudicial
killings.
, \
LEGAL FORMS II

SUPREME COURTSUPREME COURT
Manila
IN THE MATTER or THE PETITION

FOR THE ISSUANCE OF THE
WRIT OF AMPARO IN FAVOR or
>- I Caption 1
FOR: Writ of AmpaI'0
John L-loyd Dela Cniz, '

Petitioner,
- 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
COMES NOW, petitioner, thru the undersigned counsel, respectfully eI Introduction _ I

avers that: 1 ' . H
PARTIES 7 _ "-5
1. Petitioner John. Lloyd IJela~Cruz is a Filipino,’ ofllegal age, and

residing at 8 Recto Ave., Manila. He may be served with notices from this
Honorable Court through his undersigned counsel. Petitioner is the brother of the
aggrieved victim, Mario Dela Cruz. '
2. Respondent Gen. Manny Nindak is the head of the Armed Forces
of the Philippines (AFP). He may be served orders and processes at AFP-GHQ,
Camp Aguinaldo, Cubao, Quezon City. l
MATERIAL ALLEGATIONS
1. The victim is a private individual residing at 8 Recto Ave., Manila and
is a bona fide student of X School, Mendiola, Manila. -,
2. The victim regularly travels from his place of residence to his school
by walking. i ' '
3. The victim was last seen on 10 January 2015 in a mass "protest in
Mendiola, Manila. , . >- I Body I
4. On said date, the victim was seen accompanied by, and possibly
even in the custody of, respondent's subordinates.
5. During the time of the victim's disappearance, the respondent's
subordinates were known to be conducting operations/activities in the vicinity
where the victim was last seen, near Recto Ave. where the victim would have
passed on his way home.
6. Since then, no communication to any family member_ frienq 0|-
schoolmates has been made by the victim.
7. Since the victim's disappearance, his relatives and friends have tried
to personally locate the victim through inquiries at his usual place of destination
8., Failing to find the victim, the petitioner, along with other concemed
citizens, immediately sought the help of local authorities. -
Copies of the reports made to local authorities, such as barangay
blotter, police blotter, letters, and complaints filed are hereto attached and madg
integral part hereof as Annexes “A, B, and C", respectively.
9. None of these authorities were able to produce the person of the .-J -
victim. _
10. However, in the course of these investigations, the following reports
were made:
Copies of the ‘findings of the investigations conducted by lqcai
authorities are hereto attached and made integral part hereof as Annexes “D E
andF.
.l.4. .'.r1..'.Y.T.:2.:l.3. Y. .4l.I >
11. Given the circumstances - . . .
mere can be no basis for a presumpu5(;-1r:T?:;lidl;1agidII‘:j9. victims disal_)Pearance. _
Victim-S consent isappearance is with the
12. Petitioner now comes to this H ' -
victim whose exam whereabouls remain unkfigslrfiible Court to seek relief for the
13. Also considering the fact th t th ' ‘ ‘ ' ' * ~
civilian and that he has failed to commurilcat: <i'a>fphlI|sIarte€I:ii|II\(rje:duat'il‘IIii:
“me: vi°".m.s.mmaini"9 I" °u5t°dY Under Fe$D0ndent‘s guthority would ha‘:/is to be
against his WIII and in violation of his right to liberty and security. '
RELIEFS - E
Petitioner respectfully mov f th ' ~ . .
available under the Rule on the Writ :?A:par?:i
_ lisfgififailf me protective reliefs
Pto Col y:Pedro Santos for the
a. f¢n INSPECTION ORDER directed
inspection
. - o Cell,
. . in the AFP Headquarters
_ . Cam “
p Aguinaldo, Cubao, Quezon
gggtzgfgéhe ‘"°t'm was 5*-'PP°$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
\
A. Immediately after the receipt of this petition: - I ' .

1. ~ ISSUE the writ of ampam against the respondent; I
2. DECLARE VOID all documents signed by the victim since the time of
his disappearance unless proof be submitted that there hasbeen
compliance with all the Constitutional rights of the victim, such as but not >- I Reuef | '
limited to the rights of a person under custodial investigation;
3. REQUIRE respondent to disclose all medical examinations conducted
on the victim and produce reports of all said medical examinations;
4. REQUIRE respondent to produce all information he or his office holds
' pertaining to the victim, the victim's home, the victim's family, and the
victim's conespondence; ‘ » V
5. REQUIRE respondent to explain the purposes for which such
information was used; - .
6. ISSUE a Temporary Protection Order in favor of petitioner and his
witnesses by directing or accrediting the Department of Justice to ensure
their protection; . _ '
B. Upon notice and hearing: ~ C ' _ _
1. ISSUE an Inspection Order over the property which may contain
additional information or evidence regarding the enforced
disappearance of the victim: _ _
2. ISSUE a Production Order to persons who may be in possession or
custody of other evidence in this case; and _ _
3. ORDER respondent to IMMEDIATELY release the victim to the custody
of petitioner.
Other reliefs just and equitable under the premises are likewise prayed for. .1
City of Manila, Philippines, March 2, 2015. 6 I Venue and Date I
(Signature of counsel) . 6| si9"at'-‘re of Auomel’
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING 6| Addendum I
(GUEVARA, supra at 322; A-M N<>- 07-9-12-$0)

LEGAL FO
\
Legal and JudicialRE’Mg
FORM NO. 78: PETITION FOR CHANGE Contents: (CaTl-PRPARN-RA2Ve)

1, ggption;
OF NAME 2. Iitle; ‘
Related Rules: RULES OF COURT. RULE 103 . introduction;
(Judicial Change of name); R.A. No. 9048 (Extra- ->00. Body;(PR-PARN)
]UdICI8I or Administrative), as amended by R.A. No. a. Rersonal circumstances of parties;
10172 b. Residence of petitioner for at least 3 years
prior to the filing of petition;
NOTE: RULE 103 covers change of full name or . _P_resent name;
sumame (substantial corrections). RA. No. 9048, as . A_.K.A. (Alias);
amended by R.A. No. 10172, covers change of first ('DQ.O . Reason for change of name; and _
name, nickname, the day and month in the date of f. _I;l_ew name;
birth, or sex of a person where it is patently clear that , Relief;
there was a clerical or typographical error or mistake Attorney;
in the entry. ' Plus/Addendum: and _
9°.*‘P’°‘ Erification and Certification Against Forum
Clerical or Typographical Error _ Shopping _
A mistake committed in the performance of clerical
work in writing, copying, transcribing or typing an NOTE: The petition for correction of a clerical or
entry in the civil register that is harmless and typographical error, or for change of first name or
innocuous, such as a misspelled name or nickname, as the case may be, shall be in the form
misspelled place of birth or the like,_which is of an affidavit, subscribed and sworn to before any
visible to the eyes or obvious to the understanding, person authorized by law to administer oaths. The
and can be corrected or changed only by reference affidavit shall set forth facts necessary to establish
to other existing record or records? Provided, the merits of the petition and shall show affirmatively
however, That no correction must involve the that the petitioner is competent to testify to the
change of nationality, age or status of the petitioner matters stated. The petitioner‘ shall state the
(R.A. 9048, as amended by R.A. No.,10172, Sec. 2 particular erroneous ‘entry or entries, which are
pan3). ‘ sought to be corrected and/or the change sought to
be made (R.A. No. .9048, Sec. 5, as amended).
Material Averments: (RCN) " '
1. That the petitioner has been a bona fide
Resident of the province where the petition is Republic of the Philippines
filed for three (3) years prior to_the date of filing; REGIONAL TRIAL COURT
2. The Qause for which change of name is sought; a National Capital Judicial Region
and ~ ‘Branch 1
3. The Rame asked for (RULES OF_COURT, Rule , Manila
103, Sec. 2).
In the Matter of Petition for Change of Name
NOTE: The petition shall be signed and verified by Of Dina A. Kho-Yan to Yazz lzmi,
th .. . .
e person desiring his name changed, or some
other person on his behalf (ld.). SP. Proc. No. 000001
Grounds for Change Of Name: (RCAC-SE) NAME OF PETITIONER,

1. Name is Ridiculous, dishonorable, and _ Petitioner. t
X -—------------ .__..i__________ X .
extremely difficult to pronounce;
2. Change of name is a legal Qonsequence as in
, PETITION
Iegitimation; '
3. When the change will Avoid confusion"
PETITIONER. through counsel, before this ‘Honorable
4. Having Qontinuously used and been known Court, respectfully states:
since childhood by a Filipino name, unaware of
her alien parentage; I 1. That petitioner is of legal age, Filipino,‘single. anti
5. A §incere desire to adopt a Filipino nam t residing at 99 Vicente Cniz St., Sampaloc, Manila.
erase signs of former alienage, all in good Ema where she has been residing for more than twenty
and without prejudicingan Y bod y; and ' (20) years prior to the date of the filing of lIll5
6. When the sumame causes Embarrassment no petition; _ ‘
fra u d u I ent purpose 'is 'intended
T for such change
‘ 2. Thai the Qiven name of the petitioner as indicated
(Republic vs. Hemandez, GR No, 117209 in her birth certificate is Dina, herfamily name belj
Kho-Yan .
February 9, 1996). ' 3. That petitioner has been known as Yazz llmI-
amon 9 h er social and business
- circles””'
and withlfl'
the community, being the name given to her by hei
1*’
.l.4. .§. .l.I.:Q.:I3. .Y. . .l<Z~.I. '.1.l. . l
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).
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
4. ‘ Rody Alieging the facts or omissions;

’ 5. §ignature; and (Sgd.) Hon. Juan Ponce Errinql_e_
6. gurat (RULES OF COURT, Rule 110). Judge ‘
FORM NO. 79: CRIMINAL COMPLAINT SUBSCRIBED AND SWORN to, before me this
19"‘ day of A ril 2021.
S d. Ethel Boomai
Prosecutor
SAMPLE CRIMINAL
_ COMPLAINT
- Republic of the Philippines
, BRANCH 4
Republic of the Philippines Quezon City
Court
Judicial Region ~ PEOPLE OF THE PHILIPPINES,
Branch and Branch Number Complainant, r
' Cig/Province I
. ._ ' ' Criminal Case No. 1234

PEOPLE OF THE PHILIPPINES .' --versus - For: Murder
Plaintiff, . ' _
;- .
.
" Criminal Case No.

AKUSADO MARUDO. ‘
. » ' t Accused.
-versus- For ‘ ’ - X-----—----—--—'——--—--——---——-——X
CRIMINAL COMPLAINT
AKUSADO MARUDO. '
Respondent. . The undersigned accuses AKUSADO
x ——-i--—---—-- x MARUDO of the crime of Murder, committed as follows:
' COMPLAlNT:__ p ‘
That on or about the 17th day of May, 2021 in
. . I
the City of Manila, Philippines, a place within the
The undersigned 7 accuses AKUSADO jurisdiction of this Honorable Court, the above-named
MARUDO_of the crime of" - , committed as accused, amied with a gun, by means of treachery and
follows: .
abuse of superior strength, with intent to kill, did then and
Set out the time and place when and where the
there willfully, unlawfully and feloniously fired his gun
crime is committed, and the facts constituting the towards the person‘ of INA BUSO, thereby hitting her and
offense, where all the elements thereof must be alleged inflicting mortal wounds which caused her death.
in the complaint; if other private crimes are charged, the
elements thereof as shown by the facts must be alleged; Contrary to law. *- - .
always consult with the definition and elements of the (Sgd.) INA BUSO
crimes as shown g by the specific provisions of the Complainant
Revised Penal Code.
" VERIFICATION
Contrary to law. A preliminary investigation has been conducted
in this case under my direction, having been examined
(Sgd.) Ina Buso the witnesses under oath. _
Complainant
. (Sgd.) JUAN PONCE ERRINGLE
VERIFICATION MTC Judge .
The undersigned certifies that he conducted a WITNESSES: I -
preliminary investigation in this case, that he has
personally examined the complainant and her witnesses, (Sgd.) _VEA ALONSO_
that there is reasonable ground to believe that a crime 24 Jupiter St., Makati City, Philippines
has been committed and that the accused is probably
guilty thereof; that the accused was informed of the (Sgd.) MAJA BLANCA SALVADOR
complaint and of the evidence submitted against him; 32 Sampaloc St., Manila, Philippines '
and that he was given an opportunity to submit
controverting evidence. ' (AGPALO, supra at 638)
ii‘ii,“ 52§0 5-< Center
NOTE: In contrast to the contents of an information ' . . t da

the following are n_ot found in a Crim'Ina I C_ omplaint.
(CAWB) - I The undersigned certifies that he conduc ehas
preliminary investigation in this ca§8. Ithatanhde her
1- Qenifiwiiofl Of Preliminary Investigation or personally examined the comP|a'"‘-"I d to believe
Conduct of Inquest; witnesses, that there is reasonable 9'°“"th accused
2. Approval of City Prosecutor if fl db A ' that a crime has been committed and that einformed
is probably guilty thereof; that the accused wasd a ainst
City Prosecutor); I le y ssistam of the complaint and of the evidence SUbITIltI8t stijbmit
3. List of flitnesses; and - him; and that he was 95‘/9" an °pP°nun'ty 0
4. §_ail recommended, or not recommended as the controvertingevidence.
case may be (RULES OF COURT, Rule '11o).
S d. Hon. Juan Ponce Erfifl I8
Judge -
SUBSCRIBED AND SWORN to before me this
SAMPLE lgday of A ril 2021. ‘
INFORMATION _ S d. Ethel Boomai
- Prosecutor
Approved:
Republic of the Philippines ProvinciaIlCity ProsecutorlChief State Prosecutor

Court
Judicial Region WITNESSES: . '
Branch and Branch Number
City/Province iSgd.) Shaina Magmayao _
#123, 3"’ Street, San Miguel, Manila
PEOPLE OF THE PHILIPPINES
(Sgd.) Vea Alonso '
Plaintiff, #456,_5"‘ Street, San Miguel, Manila
Criminal Case No. 12345 I Bail Recommended: P
- versus - For
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$; ,.
' Contrary to law.
iSgd.) Ethel Boomai (Narrate how the crime was committed)
Prosecutor
(AGPALO, supra at 642) \ s
VERIFICATION
I 3
LEGAL FORM$
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
(seo.) INA Busg

SUBSCRIBED AND SWORN to before me, Complainant
the undersigned prosecutor, this 3"‘ da of March
2021, in the City of Manila, Philippines. JURAT
The undersigned Prosecutor certifies that he (A GPALO, supra at 643)

personally examined the affiant and that he is satisfied
that the affiant voluntarily executed and understood the
complaint-affidavit.
I INFORMATION
(Sgd.) ETHEL BOOMAI
Prosecutor
(AGPALO, supra at 642) :
Essential Parts of an Information: (CHOB-(:2.
FORM NO. 82: COMPLAINT-AFFIDAVIT JAWB)
Filed by the offended party for the commissionof a 1. Qaption; »
felony or crime ' ~' L I ' 2. Ifleading;
Qpening sentence;
es». §ody alleging the acts or omissions constituting
I I the crime; "'
OFFICE OF CITY PROSECUTOR 5. gontrarytolaw; \. _
» Manila ‘ ‘ 6. Qertification of Preliminary Investigation or
Conduct oflnquest;
INA BUSO. ' 7. ‘gurat: _ i
Complainant, 8. Approval of City Prosecutor (if filed by Assistant
City,Prosecutor);- V
1 LS1. No. .~ 9. List offlitnesses; and
- versus - For:Violation of B.P. 120. §_ail recomnjended,-1or no bail recommended, as
_ I Big. 22 -'
. ‘the case may be ~’(RULES OF COURT, Rule
AKUSADO MARUDO. A 110). -2‘
‘ Respondent.
x----------------x ' DISTINCTION BETWEEN
< COMPLAINT-AFFIDAVIT COMPLAINT AND INFORMA
I, Ii, 0f and a resident offl 11.isi*titYss=mpi=ihis L
Recto Ave., Manila, under oath declare that: A sworn written An accusation in writing
1. Last Januagy 10, 2021, the respondent statement charging a charging a person with
borrowed P500,000.00 from me, obliging him to pay that person with an offense, an offense," subscribed
loan by March 2, 2021. A copy of the promissory note
that he made and issued for that loan is hereto attached subscribed by the by the. prosecutor and
as ANNEX “A." °fie"ded Party. any filed with thecourt
2. Last March 2, 2021, in the City of Manila, Peace officer or other (RULES OF COURT.
the respondent purportedly in payment for that loan, public officer charged wl Rule 110, Sec. 4).
drew and issued to me X Bank Check No. 00001, A copy the enforcement of the
of that check is hereto attached as ANNEX “B.” law violated (RULES OF
3. Upon presentment for clearing/collection, COURT, Rule 110, Sec.
the drawee bank dishonored the check because it was 3).
."drawn against insufficient funds." The bank debit advice
to that effect is hereto attached as ANNEX
4. Notice of dishonor and demand for
payment were made upon the respondent. However, the
latter simply ignored them. A copy of the said notice is
heretoattached as ANNEX "D."
1"
l.4. '.5. .'f.T.;.I. :I3.)./. .£~.!. '1.?. .
. - f
FORM NO. 83: CERTIFICATE OF to believe that the accused has committed tlgjecriirrlnflsae °
PRELIMINARY INVESTIGATION and should, thus, be .held liable for sai -
Related Rule: RULES or COURT, RULE 112, Sec. (Sgd.) ETHEL BOOMAI
4 Prosecutor
Definition: A certificate under oath in the (RULES OF COURT. RULE 112)
infomiation issued by the investigating prosecutor FORM N0. 85: INFORMATION FOR
that he, or as shown by the record: ACTS OF LASCIVIOUSNESS .
1. ls an authorized officer, and has personally Related Law: REVISED PENAL CODE, Art. 336
examined the complainant and his witnesses;
2. That there is reasonable ground to believe that a Important Allegations:
crime has been committed and that the accused 1. That the offender commits any act Of
is probably guilty thereof; lascivlousness of Iewdness; _
3. That the respondent (accused) was informed of 2. That the act of lascivlousness is committed
the complaint and of the evidence submitted against a person of either sex; _
against him; and - 3. That it is done under any of the following
4. That he or she was given an opportunity to submit circumstances; _
controverting evidence (RULES OF COURT, a. By using force or intimidation; or
' Rule 112, Sec. 4). b. When the offended party is deprived of
I
reason or othenivise unconscious;
. c. By means of fraudulent machinatlon or
CERTIFICATE OF PRELIMINARY INVESTIGATION grave abuse of authority;
d. When the offended party is under 12 years
This is to certify that a preliminary investigation of age or is demented (REYES, The
has been conducted in the above-entitled case, wherein Revised Penal Code: Criminal Law (2017),
the accused was given a chance to appear and that on
the basis of the evidence presented there is reasonable
p. 910 [hereinafter REYES]).
ground to believe that the offense charged has been
committed and the accused is probably guilty thereof. Republic of the Philippines
~ (Sgd.) ETHEL BOOMAI National Capital Judicial Region
Prosecutor Branch 1
City of Manila
(RULES OF COURT, RULE 112) PEOPLE OF THE PHILIPPINES
y Plaintiff,
FORM NO. 84: CERTIFICATION AS TO
CONDUCT OF INQUEST Crim. Case No. 1234
- versus - For: Acts of Lasciviousness
6 AKUSADO MARUDO,
Accused.
Definition: A certification issued by a prosecutor as x ---------------------------- X
to the conduct of inquest in accordance with existing
niles when a person is lawfully arrested without a INFORMATION
wan'ant involving an offense which requires a
The undersigned, provincial prosecutor, upon
preliminary investigation filed without such swom complaint originally filed by the offended party,
investigation (RULES OF COURT, Rule 112, Sec. accuses AKUSADO MARUDO of the crime of ACTS
7)- . OF LASCIVIOUSNESS, committed as follows:
That on or about Januagy 4, 2021, in the gig

CERTIFICATION AS TO CONDUCT OF INQUEST of Manila, Philippines, within the jurisdiction of this
Court, the said accused, actuated by lust, did then and
- I hereby certify that the accused was lawfully there, willfully, unlawfully, and feloniously, commit an
arrested without a warrant and that, upon being inforrried act of lascivlousness on the person of INA BUSO by
of his rights, refused to waive the provisions of Article ' then and there embracing and kissing her and touching
125 of the Revised Penal Code and, for this reason, an her breasts and sexual organs, against her will, and by
Inquest was conducted; that based on the complaint and means of force. t
the evidence presented before me without any
counteniailing evidence submitted by the amused,
despite opportunity to do so. th ere is reasonable ground Contrary to law.
\
LEGAL FORMS
genital or anal orifice Of another person

(Sgd.) PROSEC CUTIE (REYES, supra, at 556-557).
. Assistant City Prosecutor
NOTE: Unlike rape, the offenses of seduction,
CERTIFICATION OF PRELIMINARY abduction and acts of lasciviousness shall not be
INVESTIGATIONIOR CONDUCT OF INQUEST prosecuted except upon a'complaint filed by the
offended party or her parents, grandparents or
SUBSCRIBED AND SWORN to before me this guardian, nor, in any case, if the offender has been
3"‘ day of March 2021in the City of Manila.
expressly pardoned by any of them. If the offended
(Sgd.) PROSEC party dies or becomes incapacitated before she can
CUTIE file the complaint, and she has no known parents,
Assistant City Prosecutor grandparents or guardian, the State shall initiate the
criminal action in her behalf (RULES OF COURT,
Approved: Rule 110, Sec. 5).
(Sgd.) ETI-IEL BOOMAI
City Prosecutor -
WITNESSES: MUNICIPAL TRIAL COURT
($gd.) VEA ALONSO Branch 1
24 Jupiter St., Makati City, Philippines .y ' City of Manila -
(Sgd.) MAJA BLANCA SALVADOR PEOPLE-OF-THE PHILIPPINES
32 Sampaloc St., Manila, Philippines ~» Plaintiff,
_ Crim. Case No. 1234

BAIL RECOMMENDED: P I (or , . I - versus - For: Rape
not recommended) *
AKUSADO MARUDO.
. Accused.
(REVISED PENAL CODE, Art. 336) . x ------------------—i- x
FORM NO. 86: INFORMATION FOR ‘ INFORMATION
RAPE _ _
Tihe undersigned, provincial prosecutor, upon
Related Law: REVISED PENAL CODE, Art. 266-A swomjcomplaint originally filed by the offended party.
to 266-D ' ' accuses AKUSADO MARUDO of the crime of RAPE,
committed as follows:
NOTE: No need for the complaint of the_offended
party under R.A. No. 8353 (The Anti-Rap'e~Law of . That on or about Januag 4, 2021, in the Qfiy
1997). _ ,. A , within the jurisdiction of this
Court, the said accused, actuated by lust, did then and
there, willfully, unlawfully, and feloniously, through
Important Allegations: . force, threat, and intimidation, raped the person of
1. That the man had Carnal knowledge of a woman one INA BUSO by then and there insertinq his penis
under any of the following circumstances: I to the latter's vagina.
a. Through force, threat, or intimidation;
b. When the offended party is deprived of City of Manila, Philippines, March 3, 2021.
reason or otherwise unconscious;
c. By means of fraudulent machinatlon or Contrary to law. _ _
. grave abuse of authority; and
d. When the offended party is under twelve ' (Sgd.)~PROSEC CUTIE
(12) years of age or is demented, even Assistant City Prosecutor
though none of the circumstances CERTIFICATION OF PRELIMINARY -
mentioned above be present; or INVESTIGATIONIOR CONDUCT OF INQUEST
2. That any person who, under any of the
circumstances mentioned in paragraph 1 hereof, rd SUBSCRIBED AND SWORN to before me this
shall commit an act of sexual assault by inserting 3 day of March 2021in the City of Manila.
his penis into another person's mouth or anal
orifice, or any instrument or object, into the ' (Sgd.) PROSEC CUTIE
Assistant City Prosecutor
Q ‘ '
.l.4,.'.5. l.i.:Q. :l.3.,Y,. .».€~.l. .'1.l. . . ....

Approved: PEOPLE OF THE PHILIPPINES
Plaintiff,
(Sgd.) ETHEL BOOMAI
City Prosecutor Criminal Case No.
- versus - For: MURDER
WITNESSES:
AKUSADO MARUDO, '
(Sgd.) VEA ALONSO Accused.
24 Jupiter St., Makati City, Philippines A x ------------------- x
(Sgd.) MAJA BLANCA SALVADOR INFORMATION

32 Sampaloc St., Manila, Philippines '
The undersigned Assistant City Prosecutor,
upon sworn complaint originally filed by the offended
BAIL RECOMMENDED: P (or party, accuses AKUSADO MARUDO of the crime of
not recommended) MURDER, committed as follows:
- That on or about October 13, 2020, in the Qity

of Manila, Philippines, within the jurisdiction of this
FORM NO. 87: INFORMATION FOR court, the said accused, did then and there, with malice
aforestated and with deliberate intent to take the life of
MURDER INA BUSO, willfully, unlawfully, feloniously, suddenly.
Related Law: REVISED PENAL CODE, Art. 248 unexpectedly, and treacherously, attack the latter with a
knife, first wounding him in the chest, and afterwards,
Important Allegations: - when enfeebled and unable to defend himself, again in
1 That a person was killed" ~ I
the stomach, both wounds being necessarily mortal,
2. That the Accused killed such pers_on; and _ thereby causing the direct and immediate death of said
Jose Dela Cruz.
3. That the killing was attended by any of the
qualifying circumstances: City of Manila, Philippines, March 3,2021.
a. With treachery, taking advantage of superior
strength, with the aid of armed men, or Contrary to law.
employing means to weaken the defense, or
of means or persons to insure or afford Q Y (Sgd.)PROSEC CUTIE
impunity; F - Assistant City Prosecutor
b. In consideration of a price, reward or - I CERTIFICATION OF PRELIMINARY
promise; _ ' , INVESTIGATIONIOR CONDUCT OF INQUEST
c. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel, SUBSCRIBED AND SWORN to before me this
derailment or assault upon a railroad, fall of 3"‘ day of March 2021 in the City of Manila.
an airship, by means of motor vehicles, or
with the use of any other means involving ‘ ' (Sgd.) PROSEC CUTIE
great waste and ruin; ‘
d. On occasion of any of the calamities Approved:
enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano, (Sgd.) ETHEL BOOMAI
destructive cyclone, epidemic, or any other City Prosecutor
public calamity; _
e. With evident premeditation; WITNESSES:
f. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or (Sgd.) VEA ALONSO
outraging or scoffing at his person or corpse; 24 Jupiter St., Makati City, Philippines
and . (Sgd.) MAJA BLANCA SALVADOR
4 . The killing is not Parricide or lnfanticide 32 Sampaloc St., Manila, Philippines
(REYES, supra, at 495-496).
BAIL RECOMMENDED: P (or
- Republic of the Philippines not recommended)
I National Capital Judicial Region (GUEVARA, supra at 445)
Branch 1
Manila
\
LEGAL FORMS
FORM NO. 88: INFORMATION FOR Injuries E

HOMICIDE
Related Law: REVISED PENAL CODE, Art. 249 -AKUSADO MARUDO.
. Accused.
x_____________
Important Allegations:
1. That a person was killed; - INFORMATION
2. That the accused killed him without any
justifying circumstance; i The undersigned Assistant City Prosecutor,
3. That the accused had the intention to kill, which upon swom complaint originally filed by the offended
is presumed; and party, accuses AKUSADO MARUDO of the crime of
4. That the killing was not attended by any of the SERIOUS PHYSICAL INJURIES, committed as
qualifying circumstances of murder, or by that of follows:
parricide or infanticide (REYES, supra at 503). That on or about Januag 3, 2021 in the Cl
of Manila, Province of National Capital Reqion,
NOTE: It is important that the killing was not Philippines, within the jurisdiction of this Court, the said
attended by any of the qualifying circumstances in accused, , did then and there willfully, unlawfully, and
Art. 248 of the Revised Penal Code. Otherwise, the feloniously attack, assault, and use personal
crime is murder (as long as the elements of parricide violence upon one INA BUSO by then and thi
or infanticide are attendant). stabbing him with a fan-knife, thereby lnflictinq
ppon the latter Iacerated wounds on the left ear and
left forearm, which caused the illness of the said
FORM NO. 89: INFORMATION FOR ' " INA BUSO for more than 30 dayg, and incapacitated
SERIOUS PHYSICAL INJURIES . him from performing his customary labor for the
Related Law: REVISED PENAL CODE, Art. 2_63 same period of time.
“City of Manila, Philippines, March 3, 2021.

1. That the injured person ‘becomes insane, Contrary to law.
imbecile, impotent or blind in consequence of
the physical injuries inflicted; or . (Sgd.) PROSEC CUTIE
2. That the injured person (a) loses the use of Assistant City Prosecutor
speech or the power to hear'or to smell, or loses
an eye, a hand, a foot,‘an_ arm, or a leg, or (b) CERTIFICATION OF PRELIMINARY
loses the use of any such member, or (c) INVESTIGATIONIOR CONDUCT OF INQUEST
becomes incapacitated for the work in which he
A SUBSCRIBED AND SWORN to before me this
was theretofore habitually engaged, in 3"‘ day of March 2021 In the City of Manila.
consequence of the physical injuries inflicted; or
3. That the person injured (a) becomes deformed, (Sgd.) PROSEC CUTIE
or (b) loses any other member of his body, or (c) _ Assistant City Prosecutor
loses the use thereof, or (d) becomes’ ill or
incapacitated for the performance of the work in Approved:
which he was habitually engaged for more than
90 days, in consequence of the physical injuries (Sgd.) ETHEL BOOMAI
inflicted; or City Prosecutor
4. That the injured person becomes ill or
WITN ESSES:
incapacitated for labor for. more than 30 days
(but must not be more than 90 days), as a result (Sgd.) VEA ALONSO
of the physical injuries inflicted (REYES, supra, 24 Jupiter St., Makati City, Philippines
at 537).
(Sgd.) MAJA BLANCA SALVADOR
32 Sampaloc St., Manila, Philippines
National Capital Judicial Region BAIL RECOMMENDED: P (or
Branch 1, City of Manila not recommended) ii
PEOPLE OF THE PHILIPPINES, A

Plain” (GUEVARA, supraat 448) A
Crim. Case No. 1234

- versus - For: Serious Physical I
i"'
MEMORY AID
5ar\5°‘1‘U“v°"wc°II°°°°IL““"R°cT5W0DerabonaCentai
FORM NO.'90: INFORMATION FOR

FORCIBLE ABDUCTION A City Prosecutor
Related Law: REVISED PENAL CODE, Art. 342 WITNESSES:
|mportant Allegations: (sgu.) VEA ALONSO _ _
1_ That the person abducted
_ _ is an y woman, 24 Jupiter St., Makati City, Philippines /
regardless of her age. CIVII status, or reputation.
2, That the abduction is against her will. (Sgd.) MAJA BLANCA SALVADOR
3, That the abduction is with lewd d ' 32 Sampaloc St., Manila, Philippines
(REYES, supra. at 933). esigns
BAIL RECOMMENDED: P
(or not recommended)
REGIONAL TRIAL COURT (GUEVARA, supra at 420)
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:
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
' 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$
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
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:
(Sgd.) VEA ALONSO _

. “I
» (Sgd.) PROSEC CUTIE
Assistant City Prosecutor I
24 Jupiter St., Makati City, Philippines,
Approved: . . _ ,
(Sgd.) MAJA BLANCA SALVADOR . " (Sgd.) ETHELBOOMAI
32 Sampaloc St., Manila, Philippines , City Prosecutor ‘ . .
I
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
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)
Republic of the Philippines FORM NO. 94: INFORMATION FOR

REGIONAL TRIAL COURT ADULTERY . y
"a“°"a' °a""a' J“d'°“" R°9‘°"
Branch 1
I Related Law: REVISED PENAL CODE, Ari. ass I
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
_ §.

§U Center
(GUEVARA, supra at 423) _

MUNICIPAL TRIAL CQURT
National Capital Judicial Regign NOTE-' The crimes of adulteI’Y arid °°"°"bi"age,
I in
Branch 1 shall not be prosecuted except UP°"fia 32312:“
City of Manila - filed by the offended spouse. The o en without
cannot institute criminal ' PT°$eF“t'°rI:0r in any
PEOPLE OF THE PHILIPPINES, including the guilty Dames. If both alive, t d. to the
Plaintiff, case, if the offended party h,aS'C°"$eg8LES OF
* Crim. Case No. 1234 offense or pardoned theoffenders (
- versl-IS - For: Adultery COURT, Rule 110, Sec. 5).
AKUSADO MARUDO and
UMA BUSO, - FORM NO. 95: INFORMATION FOR
Accused, . CONCUBINAGE
X’ ' ' "'" e—X ‘
_INFORMATlON
Important Allegations: _ -
: The undersigned Assistant City Prosecutor, 1. That the man must be married. _ _
upon swom complaint originally filed by the offended 2. That he committed any of the following acts-_
party, accuses AKUSADO MARUDO and UMA BUSO a. Keeping a mistress in the conjugal dwelling.
of the crime of ADULTERY, committed as follows: b. Having sexual intercourse under
P scandalous circumstances with a woman
That in or about and during the months of who is not his wife; and -
March and April, 2020, and for some time prior thereto
in the City of Manila, Philippines, within the c. Cohabiting with her in any other place. V _
jurisdiction of this Court, the said AKUSADO MARUDO, 3. That as regards the woman, she must know him
willfully and feloniously had sexual intercourse with her to be married (REVISED PENAL CODE, Art.
co-accused UMA BUSO, who is not her husband, I 905).i4 . I
while the latter, knowing her to be married, willfully,
unlawfully, and feloniously had carnal knowledge of
. Republic of the Philippines
f MUNICIPAL TRIAL COURT
City of Manila, Philippines, March 3, 2021. National Capital Judicial Region
-i ' Branch 1
Contrary to law. ' A , _ .. City of Manila
. - (Sgd.) PROSEC CUTIE PEOPLE OFITHE PHILIPPINES, '
Assistant City Prosecutor Plaintiff‘,
CERTIFICATION OF PRELIMINARY. , ~.I . Crim. Case No.
INVESTIGATIONIOR CONDUCT OF INQUEST _ - - versus - For: Concubinage
SUBSCRIBED AND SWORN to before me this AKUSADO MARUDO and I I
3" day of March 2021in the City of Manila.
UMA BUSO,
Accused,
(Sgd.) PROSEC CUTIE x--:>»--- —:-------—— 7- :— X -
_ Assistant City Prosecutor
Approved: INFORMATION _ I
(Sgd.) ETHEL BOOMAI Theundersigned Assistant City Prosecutor,

City Prosecutor upon swom complaint originally filed by the offended
party, accuses AKUSADO MARUDO'and UMA BUSO
WITNESSES: oftlie crime of , committed as follows:
(Sgd.) VEA ALONSO I That in or about and during the months of

24 Jupiter St., Makati City, Philippines March arid April, 2020, and for some time prior
thereto in the City of Manila, Philippines, within the
(Sgd.) MAJA BLANCA SALVADOR jurisdiction of this Court, the said UMA BUSO had
32 Sampaloc St., Manila, Philippines willfully and feloniously cohabited with his QQ.
accused AKUSADO MARUDO, who is not his wile”
BAIL RECOMMENDED: P (ei knowing him to be married, and had willfullj
not recommended) :nlawful|y, and feloniously had carnal knowledggg?
er. » —
. i .
1-
LEGAL FORMS
City of Manila, Philippines, March 3, 2021. City of Manila .
Contrary to law. I PEOPLE OF THE PHILIPPINES,

Plaintiff,
(Sgd.) PROSEC CUTIE
Assistant City Prosecutor Crim. Case No. 1234
. versus - For: Attempted bribery
INVESTIGATIONIOR CONDUCT OF INQUEST AKUSADO MARUDO.
Accused.
SUBSCRIBED AND SWORN to before me this X_----I----------—---———-—X
3"‘ day of March, 2021 In the City of Manila.
I INFORMATION
(Sgd.) PROSEC CUTIE
Assistant City Prosecutor The undersigned.Assistant City Prosecutor,
Approved: ' upon swom complaint originally filed by the offended
party, accuses AKUSADO MARUDO of the crime of
(Sgd.) ETHEL BOOMAI QUALIFIED BRIBERY, committed as follows:
City Prosecutor
That on or about June 8 2020, in the City of
WITNESSES: Manila, Philippines,within the jU
' risdictio nof this' Court ,
SPO2 AKUSADO MARUDO, a member of the
(Sgd.) VEA ALONSO Philippine National Police stationed in Sampaloc,
24 Jupiter St., Makati City, Philippines Manila, duly-appointed, qualified, and acting as such,
while inthe perfonnance of his duties did then and
(Sgd.) MAJA BLANCA SALVADOR . there, willfully, unlawfully, feloniously and
32 Sampaloc St., Manila, Philippines maliciously refrain from arresting one INA BUSO,
for Murder, an act committed in the presence of the
BAIL RECOMMENDED: P (or accused, in exchange for the amount of TEN
not recommended) ‘ - THOUSAND PESOS (P10,000.00),

(REVISED PENAL CODE, Ari‘. 334) I
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
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)
Branch 1
. I.4. .'.5. . 'Y.l:Q.:I.':l. Y. .4:I~.'. .'3. >. .
{W

MALVERSATION SUBSCRIBED AND SWORN to before me this
Related Law: REVISED PENAL CODE, Art. 217 3"‘ dpy of March 2021in the City of Manila.
Important Allegations: (Sgd.) PROSEC CUTIE

1. That the offender be a public officer. Assistant City Prosecutor
2. That he had the custody or control of funds or
property by reason of the duties of his office. Approved:
3. That those funds or property were public funds (Sgd.) ETHEL BOOMAI
or property for which he was accountable. City Prosecutor ,
4. That he appropriated, took, misappropriated or
consented or, through abandonment or WITNESSES:
negligence. permitted another person to take
them (REYES, supra at 426). (Sgd.) VEA ALONSO
24 Jupiter St., Makati City, Philippines

Republic of the Philippines 32 Sampaloc St., Manila, Philippines
National Capital Judicial Region \
Branch 1 BAIL RECOMMENDED: Rip (cr

I City of Manila not recommended)
Plaintiff, (GUEVARA, supra at 444) .
Crim. Case No. 1234 FORM NO. 98: INFORMATION FOR

- - versus - For: Malversation
DAMAGE TO PROPERTY THROUGH
AKUSADO MARU DO, RECKLESS IMPRUDENCE
Accused. Related Law: REVISED PENAL CODE, Art. 365
x ~ see“-x
INFORMATION 1. That the offender does or fails to do an act
2. That the doing of or the failure to do that act is
The undersigned Assistant City Prosecutor, - voIuntary._ ' ,
upon swom complaint originally filed by the offended,
3. I That it be without malice.
Party. accuses - Of the Crime °I 4. That material damage results. -
MALVERSATION, committed as follows:
5. That there is inexcusable lack of precaution on
That on or about Februag 2021. and IQT $0"\e the part of the offender, taking into
time prior thereto, in the City of Manila, National consideration:
Capital Region, within the jurisdiction of this Court, the a. his employment or occupation; »
said accused, being then an employee of the_Regional b. degree of intelligence, physical condition; and
Trial Court of Manila, and .LflE93§ of the c. other circumstances regarding persons, time
said court and as such accountable for the public funds and place (REYES, supra at 1047).
collected and received by reason of his P0$lIl°"i I"
the way fees, costs and bondsi "°°°“'ed PV "°as°"
of his position, in the way of fees» °°$I$ a“f-I b°“ds\
willfully, unlawfully, and felonlouS|_lb a"d ""_'Ih_q"F": Republic of the Philippines
abuse of confidence, mi582P'°P"a*°di ""5399 ‘ea, REGIONAL TRIAL COURT
ad embezzled, and converted to his own personof National Capital Judicial Region
use and benefit, from said funds, the“ sumreat Branch 1
PL500,00.00, Philippine currency, to e g City of Manila
detriment of the public interest- /
City of Manila, Philippines, March 3, 2021-

PEOPLE OF_THE PHILIPPINES,
, Plaintiff,
Contrary to law. - . Crim. Case No. l
I (Sgd.) PROSEC CUTIE - versus - For: Damage to property
Assistant City Prosecutor through reckless imprudence
AKUSADO MARUDO, ’
CERTIFICATION oF PR5‘-"V"FNARY
INQUEST Accused.
INVESTIGATIONIOR CONDUCT °
3
LEGAL FORMS
x — ~»x _ FORM NO. 99: INFORMATION FOR
INFORMATION ESTAFA
Related Law: REVISED PENAL CODE, Art. 315 F
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
~' INFORMATION
CERTIFICATION OF PRELIMINARY '. The undersigned Assistant City Prosecutor,

INVESTIGATIONIOR CONDUCT OF INQUEST upon swom complaint originally filed by the offended
party, accuses AKUSADO MARUDO of the crime of
suescmaeo AND SWORN to before me this ESTAFA, committed as follows:
5"‘ day of July, 2021 in the City of Manila. ' “
That on or about June 12, 2021, in the City of
Manila, Philiggines, within the jurisdiction of this Court.
(Sgd.) PROSEC CUTIE the said accused, having received from INO TANGAN
Assistant City Prosecutor various pieces of jewelry of the total value of SIXTY
‘ _
Approved: THOUSAND PESOS (P60,000.00) for the purpose of

selling the same on commission. under express
(Sgd.) ETHEL BOOMAI obligation of tuming over, and accounting for the
City Prosecutor proceeds of said jewelry, if sold, or retuming said
jewelry if not sold, to the said INO TANGAN within six
WITNESSES: _ (6) months from receipt thereof, once in possession
of the said jewelry and far from comglying with his
(Sgd.) VEA ALONSO _ __ _ Obligation aforesaid, the said accused did then and,
24 Jupiter St., Makati City, Philippines there, willfully, unlawfully, and feloniously,
misagpropriate, misaggly, and covert the said
(Sgd.) MAJABLANCA SAl.tIAl_JOR amount to his own personal use and benefit to the
32 Sampaloc St., Manila, Philippines damage and prejudice of said INO TANGAN in the
sum of SIXTY THOUSAND PESOS iP60@°®
Philippine curreng.
BAIL RECOMMENDED: PL (Or gig of ManllayPhlllppln§, JILIY 3, 2021.
not recommended)
Contrary to law.
(Sgd.) PROSEC CUTIE
INVESTIGATIONIOR CONDUCT OF INQUEST
1*’
t1,.,'.i:.'r,i:Q;l.%.)!, ,A.l.'.?, ,.,
SUBSCRIBED AND SWORN to before me this
Q“! nay of July 2021 in the City of Manila, Republic of the Philippines
_ (Sgd.) PROSEC CUTIE . Branch 1
Assistant City Prosecutor City of Manila
Approved: _
PEOPLE OF THE PHILIPPINES.
(Sgd.) ETHEL BOOMAI Plaintiff,
City Prosecutor
Crim. Case No. 1234
WITNESSES: ' - versus - For: Violation of B.P. 22
(Sgd.) VEA ALONSO AKUSADO MARUDO, '

24 Jupiter St., Makati~City, Philippines _ Accused.
x _~ —-—————~ E A-X
32 Sampaloc St., Manila, Philippines - INFORMATION '

BAIL RECOMMENDED: P (or upon swom complaint originally filed by the offended
not recommended) , party, accuses AKUSADO MARUDO for VIOLATION
OF B.P. Big. 22, committed as follows: >
(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
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 '
I \
LEGAL FORMS
of KKB Corp. in the amount of P100,000.0Q,

BAIL RECOMMENDED: P (or Philippine currency.
not recommended)
(GUEVARA, supra at 433-435) Contrary to law.

~ (Sgd.) PROSEC CUTIE
FALSIFICATION OF PRIVATE Assistant City Prosecutor
DOCUMENTS
Related Law: REVISED PENAL CODE, Art. 172 CERTIFICATION OF PRELIMINARY
INVESTIGATIONIORCONDUCT OF INQUEST g
Important Allegations: _
1. That the offender is a private individual or a SUBSCRIBED AND SWORN to before me
this 5"‘ day of May 2021 in the City of Manila.
public officer or employee who did not take
advantage of his official position. (Sgd.) PROSEC CUTIE
2. That he committed any of the acts of falsification Assistant City Prosecutor
enumerated in Art. 171.
3. That the falsification was committed in a public Approved:
or official or commercial document (REYES,
supra at, 232). ' (Sgd.) ETHEL BOOMAI
I City Prosecutor
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
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
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
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
. e _ Crim. Case No, 1234

I - V "5'-15 For: Falsification of (Sgd.) MAJA BLANCA SALVADOR
Official Documents 32 Sampaloc St., Manila, Philippines
AKUSADO MARUDO, '

BAIL RECOMMENDED: P
Accused. I (or not recommended)
x—-—-——-——-—--------____-___X
~ INFORMATION (GUEVARA, supra at 437) .

The undersigned Assistant City Prosecutor FORM NO. 103: INFORMATION FOR
upon swom complaint originally filed by the offended
parry. accuses P~*<\I$I\I><> or the Crime of
FALSIFICATION OF AN OFFICIAL DOCUMENT
ROBBERY -
Related Law: REVISED PENAL CODE. Arts. 293-
committed as follows: ' 303 .
F
_ _ That on or about April 1, 2020 in the City of Important Allegations: _
I‘ Manila in the National Capital Region, Philippines,
within the jurisdiction of this Court, the accused
1. That there be personal property belonging to
AKUSADO MARUDO, who was then an unsuccessful another; .
candidate in the Bar examinations held in the month 2. That there is unlawful taking of that property;
of November 2019, conspiring and conniving with the 3. That the taking must be with intent to gain; and
other accused, Uma Buso, who then and there was an 4. That there is violence against or intimidation of
l employee in the Office of the Bar Confidant of the any person, or force upon anything (REYES,
F Supreme Court and in charge of the personal records supra at, 653).
F of attomeys and candidatesto practice law in the
X
Philippines, did willfully, unlawfully and feloniously
scratch and erase the name of INA BUSO A : Republic of the Philippines
gppearing in Inscription No. 01 of the Roll of "REGIONAL TRIAL COURT
_,-few
Attomeys duly admitted by the Supreme Court, ' ‘ National Capital Judicial Region
and in its place they inserted and wrote the name L - Branch 1
of FELY NGERA, knowing that the latter had City of Manila *
neither a right nor a legal title to appear or be
registered in the Roll of Attorney§, for not having PEOPLE OF THE PHILIPPINES,
obtained a passing grade either in the Plaintiff,
examination held in the said month of November
2019, or in any other examination conducted by " Crim. Case No. 1234
the Supreme Court for the practice of law. - versus - For: Robbery
City of Manila, Philippines, March 5. 2021- AKUSADO MARUDO,

’ . 1. Accused.
Contrary to law. x-———.-1.»--' —--~ ~ _ A ~ X
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
That on or about Januag 2, 2021 in the city

SUB $('_;R|BED AND_ SWORN to before -| me of Manila, National Capital Region, Philippines,
this 5"‘ day of March, 2021 in the City of Mani a. within the jurisdiction of this Court, the said accused,
(5gd_) PROSEC CUTIE did then and there, willfully, unlawfully, and
Assistant City Prosecutor feloniously, with intent to gain and by the use of
force upon thingg, to wit: by forcibly breaking
ppen with a blunt instrument a wardrobe
Approved: belonging to NINA KAWAN, took and carried away
therefrom a gold neck chain set with three big
(Sgd.) ETHEL BOOMAI diamonds and four rubies, valued at P300,000.00,
City Prosecutor to the damage and prejudice of the said owner in
the said sum.
WITNESSES: ‘
City of Manila, Philippines, March 3, 2021,
(Sgd ) VEA ALONSO . hes
24 Jupiter St. Makati City, Philippl
_$
LEGAL FORMS
Contrary to law. x~—— ~~ - » P X

(Sgd.) PROSEC CUTIE INFORMATION
CERTIFICATION OF PRELIMINARY upon swom complaint originally filed by the offended
INVESTIGATIONIOR CONDUCT OF INQUEST party, accuses AKUSADO MARUDO of the crime of
THEFT, committed as follows:
SUBSCRIBED‘ AND SWORN to before me
this 3"‘ day of March 2021 in the City of Manila. That on or about ,Ia_niLa_;y_g,l@ in the gig
of Manila,__provlnce of National Capital Region,
(Sgd.) PROSEC CUTIE Philippines, within the jurisdiction of this Court, the
. Assistant City Prosecutor said accused, did then and there, willfully,
unlawfully, and feloniously, with intent to gain and
Approved: without consent of the owner thereof, take, steal,
and carry away the foIlowing_personal property
(Sgd.) ETHEL BOOMAI belonging to one, NINA KAWAN,_,to wit: one (1)
City Prosecutor black Timex watch and one (1) Kipling wallet of the
total value of P15,000.00 Philippine currenpy;
WITNESSES:
(Sgd.) VEA ALONSO
24 Jupiter St., Makati City, Philippines Contrary to law. .
32 Sampaloc St., Manila,‘ Philippines I (Sgd.) PROSEC CUTIE
. Assistant City Prosecutor
BAIL RECOMMENDED: P I CERTIFICATION OF PRELIMINARY
(or not recommended) V INVESTIGATIONIOR CONDUCT OF INQUEST ‘
(GUEVARA, supra at 454) , , SUBSCRIBED AND SWORN to before me

this 3"‘ day of March, 2021 in the City of Manila.
FORM NO. 104: INFORMATION, FOR
'_ (Sgd.) PROSEC CUTIE
THEFT . g _ . . ' Assistant City Prosecutor
Approved:
1 That there be taking of personal property; ' (Sgd.) ETHEL BOOMAI
City Prosecutor
2. That said property belongs to another; ~ '
That the taking be done with intent to gain; WITNESSES: '
-500 That the taking be done without the consent of
the owner; (Sgd.) VEA ALONSO
5. That the taking be accomplished without the use 24 Jupiter St., Makati City, Philippines
of violence against or intimidation of persons or
force upon things (REYES, supra at,. 729). (Sgd.) MAJA ‘BLANCA SALVADOR
Republic of the Philippines BAIL RECOMMENDED‘. P ' I0"

MUNICIPAL TRIAL COURT not recommended)
Branch 1 (GUEVARA, supra at 458)
City of Manila
PEOPLE OF THE PHILIPPINES.
Plaintiff,
VIOLATION OF RA 9165
(COMPREHENSIVE DANGEROU5
Crim. Case No. ortucs ACT OF 2002) I _
_ versus - For: Theft
Related Law: RA No. 9165 (Comprehensive
Dangerous Drugs Act of 2002)
AKUSADO MARUDO.
Accused.
Effectlvity Date: July 4, 2002
I
I
J-/'
MEMURY
’ ‘ Al D
Sm 8'“ Wwmw Coho‘ of Law _ "ect 5“ QD0fatIona Center
Republic of the P " " BAIL RECOMMENDED1 P_,_I————- (or

REGIONAL TRIAL"lCp(‘))|LTg§|‘ not recommended)
Branch 1 (R.A. 9165, Sec. 5)
CIIY Of Manila
Plaintiff,
Crim. Case No. 1234

— v8r$U$ - For: Violation of
Sec. 5 of RA 9165
FORM NO. 106: MOTION FOR BAIL
5. AKUSADO MARUDO,
Related Law: RULES OF COURT. RULE 114
Accused.
xe ~ — _—~ 1-"-__-x
Contents: (CaTIB-DENR-PAN)
INFORMATION 1. Qgption (name of court, parties, docket no.);‘
I
I 2. Iitle;
I The undersigned Assistant City Prosecutor, . jntroduction; _
\ upon swom complaint originally filed by the offended 15(1) §ody; (DENR)
party, accuses AKUSADO MARUDO of the crime of a. Fact of Qetention;
VIOLATION OF SEC. 5, RA 9165, committed as b. gvidence of guilt is not strong;
follows: c. yo bail was recommended;_and
- d. Belief;
That on or about Januagy 6, 2021 in the gig 5. ~Attorney; and
of Manila,_province of National Capital Region,
I
Philippines, within the jurisdiction of this Court, the said
6. Plus/Addendum; (NP)
accused, did then and there, willfully, unlawfully, and ' a. Noticepof Hearing _
feloniously sold 100g of ethamphetamine hydrochloride b. Proof of Service (Please refer to Litigation
(“shabu"). Forms .in Civil Cases for the general structure
of a sample motion)
g Republic of the Philippines .
i Contrary to law. ' REGIONAL TRIAL COURT
National Capital Judicial Region ‘
(Sgd.) PROSEC CUTIE
Branch 1 '
Manila
PEOPLE OF THE PHILIPPiNES '
. CERTIFICATION OF PRELIMINARY ' " " Plaintiff,
INVESTIGATIONIOR CONDUCT OF INQUEST
Criminal Case No.
SUBSCRIBED AND SWORN to before me this For: MURDER ' '
3"’ day of March, 2021 in the City of Manila. - versus -
AKUSADO MARUDO,
(Sgd.) PROSEC CUTIE Accused.
Assistant City Prosecutor xe -— ~ :~-1 ~ X
-Approved: MOTION FOR BAIL '
(Sgd.) ETHEL BOOMAI Defendant in the above-entitled case, thru

City Prosecutor counsel, unto this Honorable Court, respectfully states}
. 1. That the defendant is in custody for the
WITNESSES: alleged commission of a capital offense;
2. That no bail has been recommended for
(Sgd.) VEA ALONSO his temporary release, on the assumption that the
24 Jupiter St., Makati City. Philippines - evidence of guilt is strong; _
3. That the burden of showing that evidence
(Sgd.) MAJA BLANCA SALVADOR of guilt is strong is onthe prosecution, and unless this
32 Sampaloc St., Manila, Philippines t fact is satisfactorily shown, the defendant may be bailed
at the court's discretion.
7
LEGAL FO
Legal and Judicialgmg
_ _ WHEREFORE. upon prior notice and hearing, - versus - For: Murder

ii '5 "_9$_P6¢lfully prayed that the defendant be admitted
o bail in such amount as this Honorable Court may fix. AKUSADO MARUDO.
Accused.
City of Manila, June 15,_2021. X ........__-------—-- x
(Signature of counsel) MOTION TO QUASH
REQUEST FOR 8. NOTICE OF HEARING ACCUSED, through the undersigned counsel,

respectfully moves to quash the information filed
(Copy fumished) against him on the ground that that the court has no
jurisdiction to try the present case.
PROOF OF SERVICE
ARGUMENTS:
EXPLANATION (if served by registered mail) 1. The accused Akusado Marudo is a minor.
2. The proper court to try the present case
would be a Family Court.
(GUEVARA, supra at 469) 3. The crime was committed in Quezon City;
hence, the venue lies therein. -
FORM NO. 107: MOTION TO QUASH
Related Rule: RULES OF COURT, RULE 117 WHEREFORE, it is respectfully prayed that the
infonnation filed against the accused be dismissed.
Form and Contents: (WSS)
In Writing; " City of Manila, Philippines, May 20, 2021.
§igned by the accused or counsel; and _
§pecify the factual and legal grounds (R UL ES (Signature of counsel) -
OF COURT, Rule 117, Sec. 2).
(Copy furnished)
Grounds: (FJ' OSMELA)
Eacts charged do not constitute an offense; NOTICE OF HEARING
The court trying the case has no gurisdiction
over the offense charged; _ PROOF OF SERVICE
The court trying the case has no J_uri_sdiction
over the person of the accused;
The Qfficer who filed the information had no
authority to do so; I
It does not conform §ubstantially to the
prescribed form;
More than one offense is charged except when LEGAL FORMS COMMON
a single punishment for various offenses is
prescribed by law; : j
TO CIVIL AND CRIMINAL
Criminal action or liability had . been
gxtinguished. '
It contains averments which if true would . FORM NO. 108: APPEARANCE AS ~
constitute a pegal excuse or justification; and
The Accused has been previously convicted or COUNSEL g. _
acquitted of the offense charged, or the case
against him was dismissed or otherwise
terminated without his express consent (Double Republic of the Philippines
Jeopardy) (RULES OF COURT, RULE 117, REGIONAL TRIAL COURT
Sec. 3). National Capital Judicial Region
Branch
Manila
Republic of the Philippines ENTRY OF APPEARANCE
National Capital Judicial Region THE BRANCH CLERK OF COURT
Branch 1 Regional Trial Court
Manila Branch 1. City of Manila
Plaintiff, _
Crim. Case No
\ I ‘
M E MIQRY AI D
SI" um u“"'$'w coho’ 0' Law ' RGCT Sm OD0fetions Center
Please enter the APPEARANCE of the FORM NO. 110: WITHDRAWAL OF

undersigiied as °°U"$@I for defendantlaccused APPEARANCE AS COUNSEL (WITHOUT
5rLq§|IC3 Pangilinan, with her express conformity as
indicated below. Henceforth, kindly address all CONFORMITY OF CLIENT)
pertinent notices to the undersigned at the address
given below.
City of Manila, Philippines,March 1, 2021, Republic of the Philippines
(Signature of counsel) National Capital Judicial Region
Branch 1
Manila
With my consent:
Angelica Pangilinan _ WITHDRAWAL OF APPEARANCE
(Copy fumished): THE BRANCH CLERK OF COURT

Regional Trial Court
Branch 1, City of Manila
(GUEVARA, supra at 358) ' Please make a record of the WITHDRAWAL of
the undersigned as counsel for defendant/accused
FORM NO. 109: WITHDRAWAL AS Anqelica Pangilinan, without the express conformity
COUNSEL (WITH CONFORMITY OF of said defendantlaccused based on e.g;
cueur) mentallphysical condition of the lawyer which
renders it difficult for himlher to carry out the
employment effectively. Henceforth, kindly address all
pertinent notices to the defendant at the address stated
in the complaint.
REGIONAL TRIAL COURT City of Manila, Philippines, March 1, 2021.
Branch ~ (Signature of counsel)
Manila
(Copy fumished) .
WITHDRAWAL OF APPEARANCE
THE BRANCH CLERK OF COURT

Regional Trial Court FORM NO. 111: SUBSTITUTION OF
Branch 1, City of Manila ~
couusst _
Please make a record of the WITHDRAWAL of
the undersigned as counsel for defendant/accused
Anqelica Pangilinan, with her express confonnity as Republic of the Philippines
indicated below. Henceforth, kindly address all REGIONAL TRIAL COURT
pertinent notices to the defendant at the address stated National Capital Judicial Region
in the complaint. Branch 1
Manila
THE BRANCH CLERK OF COURT
(Signature of counsel) Regional Trial Court
Branch 1, City of Manila
With my consent:
Angelica Pangilinan SUBSTITUTION OF COUNSEL
(Copy fumished) Please enter the appearance of the
undersigned as counsel for defendant/accused
Anqelica Pangilinan in substitution of former counsel
Atty. Abe B. Gado with the express conformity of
said defendant. Henceforth, kindly address all
pertinent notices to the undersigned at the address
given below.
City of Manila, Philippines, May 2, 2021,
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
Related Rules: RULES OF COURT, RULES 40,

42. and 122 ' Republic of the Philippines
. REGIONAL TRIAL COURT
Requirements of Filing Notice of Appeal: National Capital Judicial Region
‘ Branch 1
_ (PaFiMa) _ Manila
1. Qrties in the appeal; I .
2. final judgment appealed from; and JOHN LLOYD DELA CRUZ.
3. iaterial dates showing timeliness of appeal. Plaintiff,
Notice of appeal must show on its face that it was Civil case No. 1234
filed within the period required by law (RULES OF - versus - FOR SUM OF MONEY
COURT, Rule 40, Sec. 3). _
Defendant.
NOTE: The Notice of Appeal is filed with the court x---—--------—-------~--——----x
where the final judgment is appealed from (RULES
OF COURT, Rule 40, Sec. 3). - - . MOTION FOR DEMURRER TO EVIDENCE
DEFENDANT, by counsel, respectfully

Republic of the Philippines submits this Demurrer to Evidence because plaintiff has
REGIONAL TRIAL COURT failed to prove entitlement to his claims by
National Capital Judicial Region preponderance of evidence and plaintiffhas completed
Branch 1 presenting its evidence. _
Manila , *
_ i (State thedetails why the plaintiffs claim did
JOHN LLOYD DELA CRUZ, _ not meet the burden of proof required by /aw)
Plaintiff, ' '
Consequently, plaintiff has failedito prove his
Civil Case No. 0003 claims by a preponderance of evidence and defendant
' - versus - I For: Sum of Money _ is entitled to dismissal of the Complaint against her. ‘
ANGELICA PANGILINAN, WHEREFORE, defendant respectfully prays

Defendant. that the Complaint against her be DISMISSED.
x-—-i--—-ix
City of Manila, March 3, 2021.
NOTICE OF APPEAL
- (Signature of counsel)
PLAINTIFF/ACCUSED, by counsel, hereby gives
notice, within the 15-day requiredperiod, that he is (Copy fumished).
appealing the judgment of this Honorable Court dated
6 July 2021, a copy of which he received on July 16, NOTICE OF HEARING
2021, to the Court of Appeals, for being contrary to law
and the evidence presented. PROOF OF SERVICE
Cigg of Manila, . EXPLANATION (if served by registered mail)

\
(Signature of counsel) '
(AGPALO, supra at_690)
(Copy fumished) _
PROOF OF SERVICE
m§M<§;RY..e.em
REGIONAL TRIAL COURT DEEDS, CONTRACTS” .
National Capital Judicial Region .
W Branch 1
AND -
Manila OTHER INSTRUMENTS
. Plaintiff. V
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 _ /
3. Qause or consideration (CIVIL CODE. ATT-

ACCUSED, by counsel, with leave of court previously
sought and obtained, respectfully submits this
1318).
DSITIUITBI’ to the Prosecution‘s Evidence on the ground
that the prosecution has failed to adduce sufficient Parts of a Typical Deed: (VTAP-CAPSA)
evidence of his guilt to overcome the presumption of, 1. yenue; E
innocence and shift the burden of proof. , 2. Iitle; ‘ _
The title of the document need not descnbe the
(State the details why‘ the prosecution's subject. Thus, “Deed of Sale," or “Deed of
evidence failed to overcome the presumption of ~ Assignment" would be adequate given the legal
innocence) principle that what controls is the body of a
document and not its title (CARILLO, supra at
WHEREFORE, the accused respectfully prays 184). Z’ 1; -
that the information against him be DISMISSED and
that he be ACQUITTED of the crime charged- ’ ~ "
3. Announcement;
i City of Manila, March 3, 2021. ~ " The announcement in a deed fomw is the
requisite notice to the public that a contract is set
SIGNATURE OF COUNSEL .- I . afoot. The use of the Old English announcement
like “Know All Men By These Presentsr" is old
Copy fumished: Name and-Address of;’CounseI of anduantiquated. This can be simplified by the use
Other Parties V of: The Public is Informedz" or “The Public is
Alerted:T'»(ld.)
NOTICE OF HEARING I
4. Barty One;
PROOF OF SERVICE 5. Consideration;
EXPLANATION (if sen/ed by registered mail) 6. Act or conveyance; -
The act or conveyance portion represents the
b. 1
(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
. ..
unilaterally act ' ' .a a Pa"

S '" °°"VeYI"9 or disposing hi:
\
LEGAL
Legal and Judlifzielllaimicfi
property or right in favor of another after his Important Points to Remember:

receipt of a particular consideration (ld.). In a contractl deed of sale, the property mus; be
stated in its PARTICULARITY (Re: Technicai
Description)
OPERATIVEWORDS TO REMEMBER:
Kinds of Operative Words Contract of Sale ' _
Deed! Parties in the Deed One of the contracting parties obligates himself to
Contract transfer the ownership. of‘ and to deliver ,3
determinate thing, and the other to pay therefore a
Sale Vendor & Sell, Transfer and price certain in money or its equivalent (C/v/L
Vendee Convey CODE, An‘. 1458).
Assignment Assignor 8- Assign, Transfer Conveyance refers to everything by which any
Assignee and Convey estate or interest in estate is created, alienated,
mortgaged, or assigned. The subject of conveyance
Exchange Party 1 & Cede, Transfer and
Party2 Convey is land. A document of conveyance must be
notarized or acknowledged before a notary public to
Donation Donor & For in consideration be able to register it with the Register of Deeds
Donee of love and affection (AGPALO, supra at 707). - _
Power of Principal & Name, constitute Saleof Real Property: Land Registration Decree
Attomey Agent or and appoint; Hereby Section 55 prescribes the content of the Deed of
Atty. In fact Giving and Granting Sale of Realty; (FNRCF)
1_.~ ._l_=_ull name; I
(CIVIL CODE, Arts. 1458, 1624 to 1635. 1636, 725, 2. Nationality; _ .
and 1666) _ _ Residence or postal address of the vendor and
I"; vendee: I -
Basic Rules in Non-litigation‘ Forms: . - 4. §_ivil‘status; and
1. The declarations can be enumerated: 9
a. by using the “WHEREAS” clause before each
5., mfull ‘name of spouse, if any.
declaration; or
b. by enumerating in a list each'dec|aration; and If the vendor is~a corporation: state whether it is
L . i \
legally qualified to acquire private lands (P.D_. No.
2. In using a “WHEREAS” clause, the form, may be 1529, Land Reglstration"Decree, Sec] 55).
followed by a "THEREFORE? clafuse,». and
concluded with “IN WITNESS WHEREOF.” FORM NO. 113: SALE OF REGISTERED
LAND
EXAMPLE: I 1 Contents (also applicablein the saIe‘of personal
This Contract, entered into on the 1" of April, 2016 in property): (,v\l_eT-PeCO-DeFA) -
Makati City, Philippines, by and between; 1. "' ygnue and Iitle;
.
Ersonal circumstances;
(Statement ofpersonal circumstances of the parties) .
Consideration; . -
.
Qperative words; -
WHEREAS: U1-hi/O|\J .
Qgscriptionof Property: specify the technical
(Declaration of circumstances giving rise to the
agreement) description that appeared in the TCT or OCT;
6. fact of ownership; and
NOW, THEREFORE, for and in consideration of the 7. Acknowledgment.
premises of the covenants set forth herein, the Parties
agree as follows:
(Stipulations of the parties) DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
IN WITNESS WHEREOF, this Contract has been
executed by and between the parties at the date and
place above written. I. (Full name of vendor),
Filipino. single/married to .
NOTE: If a document needs to be acknowledged, °f legal 399.-with residence and post-office address at
the signature of two witnesses is necessary (A.M.
No. 02-8-13-SC, Sec. 12). . for and in consideration of the sumji Of
.. . currency, to PESOS
Philippine
(Ph P
me in hand paid by )1_
1"
MEMQRY AID
§g\D\l\-'W"‘Yc°.°Q9°H-lW~RGCTBIODOrlbon|Cei'iter
. | .
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.
(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
WHEREASL the LESSOR agrees to lease.

ACKNOWLEDGEMENT out theproperty to the LESSEE and the LESSEE ig
willin to lease the same;
(GUEVARA, supra at 90) NOW THEREFORE, for and in consideration

of the foregoing premises, the LESSOR leases unto the
LESSEE and the LESSEE hereby accepts from the
FORM NO. 115: LEASE OF REAL LESSOR the LEASED premises, subject to the
PROPERTY following conditions:
Related Law: CIVIL CODE, Title VIII
1. That the term of this lease shall be for a
In contract of lease, one of the parties binds himself period of 5 years to commence on June 1, 2021 and to
to give another the enjoyment or use of a thing for a expire on June 1, 2026;
price certain, and for a period which may be definite 2. That the monthly rental on the leased
or indefinite (CIVIL CODE, Arr. 1643). , _ premises above-mentioned shall be ten thousand
PESOS (P10,000), Philippine Currency, to be paid by
Contents: (VeT-APO-ACA) the LESSEE at the office of the LESSOR on or before
1. _V£nue and Iitle; the fifth (5th) day of each and every ‘month. It is
2. Announcement; expressly agreed and understood that the payment of
3. Eersonal ‘Circumstance of the Lessor and the rental herein stipulated shall be made without the
Lessee; I ’ _ necessity of express demand and without delay on any
4. Qwnership of property; . ' ~ ground whatsoever
5. Agreement to lease the property; V I ' A
3. ~ That the LESSOR shall pay taxes and
6. Qonditionsz consideration, term of lease assessments corresponding to the aforementioned
exclusive of property, repairs, taxes, ‘utilities’, parcel _of land, while the LESSEE shall gay the
deposit, right of first refusa_l,'venue‘ of action expenses for electricity, water, and other utilities.
(optional), arbitration clausefand _
7. Joint Acknowledgment. _, 4. That the». LESSEE hereby expressly
agrees and warrants that the leased promises shall
be used by him exclusively for residential purposes:
REPUBLIC OF THE PHILIPPINES - )
and that the said: LESSEE is hereby . strictly
CITY OF MANILA )$.S. prohibited from using the said premises for any
other purpose or business without the priorwritten
CONTRACT OF LEASE ‘ consent of the LESSOR;
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;
I$9d.) Anflollca Pangilinan (5g¢_) shah“ Magmayao

Witness Vlfitness
3-!"
.!4..!5.."1Q;I.3.Y.:2~.!.[?...
JOINT ACKNOWLEDGMENT
It is hereby declared that the DOUfld8Fl€ZgJ:$
foregoing land are visible by means of fences _ tin
(GUEVARA, supra at 129) the estate; that the permanent imPF°Vem°_"t5 em’ 2
thereon consist of buildings; that the land is assess;
FORM NO. 116: DEED OF SALE OF for the current year at P2,500,000_ a_S Per d/or
Declaration No. 123456, and the buildings 3"t,
UNREGISTERED LAND improvements , at l11,200,000 as per Tax Declara I0"
NOTE: The mere execution of adeed of No. 789, of the City/Municipal Assessor of Manila.
sale covering an unregistered parcel of land is t
enough to bind third persons. A succeeding stepno— The above described real estate. n0l having
the re g ist ra t'ion o f the sale — has to be taken. Indeed, been registered under Act No. 496 nor under th:
registration is the operative act to convey or affect Spanish Mortgage Law. the parties hereto have agree
the unregistered land insofar as third “persons aie to register this instrument under the provisions of Act
concemed (Sps. Dadison v. CA, G.R. No. 159116, No. 3344,.as amended by Section 113 of PD 1529.
September 30, 2009). IN WITNESS WHEREOF, I have signed this -
deed this 3"‘ day of March 2021 at City of Manila-
1
DEED OF SALE (Sgd.) Sellerina Gomez (Sgd.) Bili CraWf0rd
Vendor " ' Vendee
SIGNED IN THE PRESENCE OF:

, Filipino, single, and
resident of 8 Recto Ave., Manila, for and in (Sgd.) Vea Alonso . (Sgd.) Maja Blanca Salvador
consideration of the amount of ONE MILLION PESOS Witness Witness
(P 1. 000, 000), paid to me today by Bili Crawford,
FIIIPIHO, single and resident of 7 San Lazaro St I JOINT ACKNOWLEDGMENT
Sampaloc, Manila do hereby SELL, TRANSFER and
CONVEY absolutely and unconditionally unto said Bili
Crawford that certain parcel of land. together with the (GlJEVAF?A, supra at 67) .
buildings and improvements thereon situated in the City
of Manila, and more particularly described as follows: FORM NO. 117i DEED OF SALE WITH
A parcel of land (Lot 3, Block 1 of the subdivision plan MORTGAGE
(LRC) Psd-11111, being a portion of Lot 1-B, described
on plan Psd-12222, LRC (GLRO) Rec. No. (NA),
situated in the Barrio of Bomber, District of Sampaloc, ~ DEED OF SALE WITH MORTGAGE
City of Manila. Bounded on the N., points 1 to 2 by Lot
1, Block 1; on the E., points 2 to 3 by Road Lot; on the KNOW ALL MEN BY THESE PRESENTS:
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 6 to 1 by Lot _This made and executed by and between:
2, all of Block 1, all of the subdivision plan. Beginning at
a point marked "1' on the plan, being N. 14 deg. 2_0 E., Sellerina Gomez, Filipino, of legal age single
53.29 m. from Mon. #1, Dist. of Sampaloc, City of with residence at 11 Recto Ave. Manila (VENDOR:
Manila, _ ' MORTGAGEE), L
thence N. 87 deg. 09' E., 13.88 m. to point 2;
thence 8.3 deg. 14' E., 17.64 m. to point 3: -and-
thence S. 88 deg. 01' W., 13.88 m. to point 4;
thence N. 2 deg. 48' w., 2.45 m. to 99"" 5; Bill Crawford, Filipino, of legal age, single
thence N. 4 deg. 05' W. 8.43 m. to point 6, with residence at 20 Recto Ave. Manila (VENDEEL
thence N. 2 deg. 17' W., 6.55 m. to the point of MORTGAGOR); L
beginning;
containing an area of TWO HUNDRED AND FORTY- WITNESSETH:
FOUR (244) square meters, more or less. All points That- - A'
referred to are indicated on the plan and are marked on 1. The VENDOR-MORTGAGEE is the
the ground by P.S. cyl. conc. mons. 15 x 60b absolute owner of a certain parcel of land with all
bearings true, date of the onginal survey, Dewm Bf - the buildinqs
7 and Improvements the reon ‘t T
1908 81 February 14 -17, 1966. - in the Cig of Manila, his title thereto
_
bein g Efiiuateg
VI enced
xxx X” Xxx . by TCT No. 123456 of the Register of Deeds and more
Bounded on the S. alon9 “"9 1'2 by Lot 15t1h3' an particularly described, as follows:
the w., along lines 2-3-4-5-6 by I-O1 11483 gfongenné
along lines 7-8-9 by Lot 1476 and on tde tr; A parcel of land (Lot 3, Block 1 of the subdivision plan
e1 . by Lot 1488. all Cad- xxx
Di Ma""a Ca as XXX.
* . (LRC) Psd-11111, being a portion of Lot 1-B, described
on plan Psd-12222, LRC (GLRO) Rec. No. (NA)
situated in the Barrio of Bomber, District of Sampaloc’
3
LEGAL FORMS
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;
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.
IN WITNESS WHEREOF, these presents arg

signed at the Cig of Manila, Philippines, on this 3_
day of March, 2021. .
(Sgd.) Sellerina Gomez (Sgd.) Bili CraW‘l°f<l

Mortgagor Mortgagee
SIGNED IN THE PRESENCE OF:
(Sgd.) Vea Alonso (Sgd.) Mala Blaflca Sal"ad°'

' witness Witness
ACKNOWLEDGMENT
is
3
LEGAL FORMS
' CONTRACT _OF SALE OF CONDOMINIUM UNIT
This Contract. made and executed on this 4th day of .

2015, at Quezon City, Philippines, by and between:
CONDO MINION DEVELOPERS, INCZ, a corporation duly
organized and existing under and by virtue of Philippine laws, with principal
office at 56 NYC-Bldqg, Ordonell St., Makati City, Philigpines, herein
represented by its President, and hereinafter referred to as the "Developer,"
-and- A _
BILI CRAWFORD, hereinafter referred to as the "Purchaser"; < I Name of'Pui_'chaser 1 2
WITN ESSETH: THAT .
Descrigtion of the Unit

' WHEREAS Clauses
o Describe the parcel ofland where the building is situated, _
including the status of ownership of the developer, i TCT ,
No,- and other
_ pertinent
. detars
II I. 2 l I _ Description of the Unit. I
o Describe the units, including the number of units;
0 Include the development plans for the Project, including
the plans and specifications of the buildings included in _
the Project, are set forth“ in the Master Deed; .. I
o State the desire of the purchaser to buy the specified units
Now therefore, for and in consideration of the foregoing premises,

and the payment of the purchase price hereinbelow specified, the
Developer has agreed to sell, transfer, and convey to the Purchaser the 9 » .
Unit(s) described below, subject to the provisions hereinafter set forth, to

wit: y _ _ ,. V _ , .
3-__q,,-.4
Terms and Conditions of the Contract i ' ,

\
Specify the terms and conditions of the contract, which may be, but not
limited lo, the following:. , I
Section 1. What are included in the purchase , g
o The included properties in the purchase (condominium
unit, parking space, etc.) - I
e Descnption of the Units and Parking Space (i. e., whether \
or not unfumished, among others) _
Section 2. Tenns of Payment

o State the purchase price
e State payment terms (whether or not there is a needfor
down payment, how and when the balance due will be
unpaid, the acceptable currency, interest rates, among
others) >I ' Terms and Conditions ] l
Section 3. Delivery
o State when the units will be delivered (if for instance, the
project is still ongoing, specify an estimated date of
completion)
0 It may be stipulated that such period excludes any delay
caused by fire, earthquakes, acts of God, the elements,
acts of third persons, or other matters, causes, or
conditions beyond the control of the Developer.
o State the consequences if the developer fails to deliver
the unit at the time stipulated (such as payment of
additional interest, withholding of monthly amortization, -I
etc.)
l
‘
§;<,>~
53, §-<23A§0
*2tr,-,| COD!!!
specify . "Y8! the purchaser sh ouId be n tifed C on ‘

°°'"P'etion of the unit, if construction was still undelnfiay
at the time of the execution of the contract
ExampIe__ _U o§'9(Fll;)!‘l 4. Title to the Units

amount aim: um’? P9)/I_TIent_by the Purchaser_ of the full
and omelwisepu off?’ Pnce stipulated under Section 2 hereof
obligations hares’ th “ D°°'T'PIiance_by the Purchaser of all its
all the rights and'int:
subjecthemof to em resetveloper W,” con}/ey
_of the_ former to the
_in and Pumhgser
to the Unit(s)
and in the do"gamer with the interest in the Common Areas
Unit(s). The rights a Igium Corporation appurtenant to such
to the provisions of,t'he'n('§>rr?§$n€r?it?i?1nA?:tIeg1shit?’ be Subject
the DeclarationCorporafiorrgns
Condominium of Restnct' ' -
, th e Articles 'andeBy_aster
Laws Deed
of the'
. State unde,Se<':7t|on 5. Taxes and Assessments

. State who w tgse name the Tax Declarationis to‘ belong
t_ 8/ Se urden it is to pay certain kinds of
8Xe assessments (e.g., Documentary stamp tax,
registration fees, etc.)
State when such taxes should be paid
State whose obligation it is to pay insurance premiums
~ An agreement to reimburse the developer if before the
transfer of title to th e unit,' payments were made in "
advance by the developer t t , >- I Terms and Conditions ‘
Section 6. Assignment '

State whether or not assignment of the contract is
prohibited or not.
Section 7. Entire Contract _

Example: This contract states the entire agreement between
the parties, and the Developer is not and shall not be bound
by -any stipulations, ' representations, agreements or
promises, ‘oral or othem/ise, not ‘contained in this contract or
incorporated herein by reference. :, ,
Section 8. Incorporation by Reference.

Example: This contract shall be deemed subject to the
provisions of the Condominium Act, the Master Deed, I/J9
Declaration of Restrictions, and the by-laws of the
Condominium Corporation. -
Section 9. Inflation or Devaluation.

- State the consequence of a materialvanation in the
. value of Philippine currency (9-Q-1 P"¢e_3d1”s""e"t)
-_ Define what constitutes “matenal vanation
' Section 10 Automatic Cancellation of this Agreement

. State what acts will warrant the automatic cancellation of -*
the contract
|N w|TNESS WHEREOF the parties hereto have signed these

presents in the place and on the date first above wri'tten .
Condo Minion DeveIoPe'$~ '"°"

Developer
BY: Bili Crawford <—\ Signature ,of the Purchaser 1
Purchaser
(T|N' 9873-000-983)
\
- LEGAL FORMS
~ Legal and Judicial Ethics
SIGNED IN THE PRESENCE OF:»
(Sgd.) Shaina Magmayao (Sgd.) Vea Alonso

Witness Witness
' ACKNOWLEDGMENT
<—] Addendum 1
FORM NO. 121: DEED OF ASSIGNMENT‘ MAKE: S MOTOR NO.:

Honda 12345690 .
SERIES: SERIAUCHASSIS NO.:
Civic 1234564389
REPUBLIC OF THE PHILIPPINES) FILE NO.:
CITY OF MANILA )S.S. YEAR MODEL:
2007 12345
DEED OF ASSIGNMENT PLATE NO.: C.R. NO.:
TMS 264 I 54321 '
KNOW ALL MEN BY THESE PRESENTS: of which I am the absolute owner, free from all liens and
encumbrances. _ 4
STATEMENT OF THE FACTS
— (clearly state the following: (sgd.) John Lloyd dela Cruz _
- name and residence of the assignor and assignee Seller
- the amount in consideration of the assignment 4
- the description of the real property to be assigned,
cede, transferred or conveyed to the assignee
- the assignee accept the assignment in thefull . F SIGNED IN THEPRESENCE OF:
amount mentioned above - I
(sgd.) Angelica Pangilinan I (sgd.) Shaina Magmayao
IN WITNESS WHEREOF, the assignor has__ I Witness Witness
signed _this deed on (date) at (place). '
I Assignor) Assignee
4 ACKNOWLEDGMENT
SIGNED m THE PRESENCE oi=: ‘ (GUEVARA, supra at 156) .
Witness ' Witness FORMINO. 123: LEASE OF PERSONAL

PROPERTY
ACKNOWLEDGMENT _
Related Law: CIVIL CODE, Art. 1643
(GUEVARA, supra at 83) _ _

REPUBLIC OF THE PHILIPPINES)
FORM NO. 122: SALE OF PERSONAL City of Manila ) $_$_
PROPERTY (MOTOR VEHICLE)
CONTRACT OF LEASE
Related Law: CIVIL CODE, TITLE VI (Law on
Sales)
This CONTRACT OF LEASE is made and
executedat the City of Manila, this 19th day of April,
CONTRACT OF SALE OF PERSONAL PROPERTY 2°21. by and between: ,
__ John Lloyd Dela Cruz, of legal age, married,
KNOWN ALL MEN BY THESE PRESENTS:
F'|'Pino, and with residence and postal address at #123-
1" SIFBBL San Miguel, Manila, hereinafter referred I0
I, , of legal age, single, Filipino, and as the LESSOR, -
with residence and postal address at #123, 1st Street, San
Miguel Manila, for and in consideration of the sum of four -and-
hundred thousand PESOS (P-400,000), receipt of which
is hereby acknowledged, have TRANSFERRED AND
CONVEYED by way of absolute sale unto Vea Alonso a and with E"°"a Dama.
residence and Ofpostal
legal address
age, manied, Filipin0-
at #456 2nd
certain motor vehicle described as -
skeet’ S3" MIQWI, Manila hereinafter referred to 85
the LESSEE, _
zin-I£3.5,/'§’~5-< ii:go5 8
W WNESSETHI (sgd.) John Lloyd dela Cruz (sgd.) Eliena D arna

. Lessor I Lessee
WHEREAS,the LESSORi th '
absolute owner of a residential psrQpe9:g,g'|S£;:,?:darl,(€ SIGNED IN THE PRESENCE OF:
Manila, Philippines, with TCT No. 43562 of the
Registry of Deeds of the Cl f (Sgd.) Vea Alonso (Sgd.) Maja Blanca Salvador
house built therein; ty O Manna‘ and me Witness Witness .
WHEREAS, the LESSOR agrees to le - t JOINT ACKNOWLEDGMENT
the property to the LESSEE and the LESSEE i:f;IIaillI)nug
to lease the same;
NOW THEREFORE, for and in consideragign of
the foregoing premises, the LESSOR leases unto the FORMINO. 124: CHATTEL MORTGAGE
LESSEE and the LESSEE hereby accepts from the Related Laws: Chattel Mortgage Law or Act No.
LESSOR the LEASED premises, subject 1° the 1508
fol lowing conditions: '
1. That‘ the term of this lease shall be for a Contents: (VeT-PeCon-SDAA)

period of 5 years to commence on June 1, 2021 and to 1. Enue and Iitle;
expire on June 1, 2026; 2. Ersonal circumstances of the parties;
3. Cirlveyance of mortgage and technical
_ 2. That the_monthly rental on the leased description of personal property;
premises above-mentioned shall be ten thousand 4. Fact that the property was given as a §ecurity for
PESOS (P10,000), Philippine Currency, to be paid by a loan or a copy of the Promissory Note;
the LESSEE at the office of the LESSOR on*or before 5. Qischarge of the mortgage;
the fifth (5th) day of each and every month. It is 6. Acknowledgment; and
expressly agreed and understood that the payment of 7. Affidavit of Good Faith.
the rental herein stipulated shall be made without the
necessity of express demand and without delay on any
ground whatsoever
REPUBLIC OF THE PHILIPINES)
3. That the LESSOR shall pay' taxes and City of Manila ' ‘ )S.S.
assessments corresponding to the aforementioned
parcel of land, while the LESSEE shall pay the CHATTEL MORTGAGE
expenses for electricity, water, and other utilities.
4. That the LESSEE hereby expressly
This CHATTEL MORTGAGE, made and
agrees and warrants that the leased promises shall be executed by:
used by him exclusively for residential purposes; and
that the said LESSEE is hereby strictly prohibited from . I 7Sellerina Gomez, Filipino, of legal age,
using the said premises for any other purpose or single, with residence and post-office address at 90
business without the prior written consent of the Recto Ave., Manila hereinafter called the
LESSOR; MORTGAGOR, in favor of Bili Crawford, Filipino, of
leqal aqg, single, with residence and post-office
5. That the major and minor repairs shall be address at 45 Recto Ave. Manila hereinafter called
for the account for the LESSOR; the MORTGAGEE,
5_ Thai upon the signing of this agreement, WITNESSETH That:
the LESSEE shall pay by way of deposit “"10 the
LESSOR the sum of twenty 1h°"=='!d "Es°$ 1., The MORTGAGOR do hereby convey by
(P20,000) to answer for payment of rentals in the event wa y of ch a ttel mortgage unto the MORTGAGEE, the
that the LESSEE fails to pay the rentals on time and following described personal property, ordinarily
other expenses or charges that the LESSEE mall °We situated and presently in the possession of the said
infavor of the LESSOR; MORTGAGOR, to'wit: '
7. That the LESSEE shall have the riglhtupef MAKE : MOTOR NO.
first refusal should the LESSOR decide I0 $9 Honda 10101010
property during the term of the lease. SERIES SERIAL/CHASSIS NO. '
City - 1010101010 '
ss WHEREOF. the parties have YEAR MODEL 1 FILE NO.
2000 12340
hereumg ;¥filI:dEtheir signatures this 19th day of May, PLATE NO. C.R. NO.
2021 at the City of Manila, Philippines- ABC 123 04321
- Y
LEGAL FORM$
2. This CHATTEL MORTGAGE is given as 7. §ignatures of the witnesses

security for the payment to the_MORTGAGEE, of a _ I
loan, dated February 20, 2021 for the sum of ONE
HUNDRED THOUSAND PESOS (P100, 000) with
-KNOW ALL MEN BY THESE PRESENTS:
interest thereon at the rate of three per centum (3%)
per annum, according to the terms thereof (Annex This CHARTER PARTY made and executed this Q
HA"). '
day of July 2021 at the City of Manila, by and between

MAE ARI, hereinafter called the OWNER, and CHARD
3. The condition of this CHATTEL TERER,‘hereinafter called the CHARTERER,
MORTGAGE is such that if the said MORTGAGOR, his
heirs, executors, or administrators shall well and truly WITNESSETH: ’
perform the full obligation above stated according to the 1. That the OWNER lets unto the
terms thereof, this_CHATTEL MORTGAGE shall be CHARTERER that certain vessel, known by the name
discharged ‘and of no effect, otherwise, it shall remain in of MN STARCRUISE together ,with all its
full force and effectand shall be enforceable in the complement, and more particularly‘ described as
manner provided for by law. _ _ follows:
Gross Tonnage: 46, 328
IN WITNESS WHEREOF, the parties hereto Length: 883 ft. '
have hereunto set their hands this 3"‘ day of March, Beami 93 ft.
2021 in the City of Manila, Philippines. Number of Decks: 9
Cruising speed: 22.5 knots
(Sgd.) Sellerina Gomez (Sgd.) Bili Crawford Passenger capacity: 2,603
Mortgagor Mortgagee Total crew: 994 i
."1TotalI passengers and crew: 3,547
SIGNED IN THE PRESENCE OF: — ' 2.. That the OWNER warrants that the vessel
is seaworthy and ‘is fully equipped with all tackle and I
(Sgd.) Vea Alonso (Sgd.) Maja Bianca Salvador appliances necessary for her use in the coastwise trade
Witness _ Witness of the ‘Philippines’ as carrier of both freight and I
passengers; i - 4
ACKNOWLEDGMENT
* 3. That the term of this Charter Party shall be
AFFIDAVIT OF GO_OD'FAlTH 5 years to be counted from the 2nd day of July, 2021;
WE, the undersigned MORTGAGOR and
MORTGAGEE, severally swear -- that the foregoing ' 4. That the Cl-IARTERER agrees to pay the
chattel mortgage is made and executed for the purpose . OWNER, as consideration for the letting and hiring of
of securing the obligation specified therein, and for no the above-described’ vessel of the sum of TWO
other purpose, and that the same is a justand valid MILLION PESOS (P2,000,000), payable in advance
obligation, and not one entered into for the purpose of
fraud. . l
dllringthe first five days of every month during the term
of this Contract; "‘ I
(Mortgagor) (Mortgagee) 4
' 5. - That the CHARTERER, during the term of
this Charter Party, shall operate the above-described
vessel for its own exclusive benefit, and shall not sublet
I
y JURAT = or sub-charter the same without the knowledge and
written consent of the OWNER; '
‘(GUEVARA, supra at 1 14) IN WITNESS HEREOF, the Parties hereto have
I
I
signed this AGREEMENT the day and .year first above
FORM NO. 1252 CHARTER PARTY written. ~ '
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
.
($96-) Maja Blanca Salvador

ACKNOWLEDGEMENT
I
. Name of the Qwner and the charterer
. Name and description of the _\[_essel (GUEVARA, supra at 141)
The Ierm of the contract
. The Amount involved in the contract I
I
a>u1_-r=-u.m §|gnatures of the owner and charterer
\
iai53,5'51 girl ‘ R957 58' 09013000: banter
FORM NO. 126: EASEMENT OF RIGHT OF WAY

Related Law: CIVIL CODE, Arts. 649-es?
REPUBLIC OF THE PHILIPPINES )

City of Manila. ) $_3_
EASEMENT OF RIGHT OF WAY

D _ThiiAGREEMENT OF EASEMENT OF RIGHT OF WAY, entered
into this 3 day of March, 2021 by and between “Dominant Ochoa"
owner of the dominant estate, of aqg, single, and resident of 34 San
Nicolas St. Municipality of Mariveles, Province of Bataan,- and Personal Circumstances of the
“Servient Osmefia", owner of the servient estate, also of a
.
and resident _ _
of S0 Sandatahan St. Murucipality of Mariveles,Q2. S in qlei
Province
Parties
of Bataan.
WITNESSETH:
That “Dominant Ochoa" is the owner of a parcel of agricultural

land located
_ in the mu_ nlcipallty
' ‘ ' of Mi-lflV8|eSLpl'OVlI1C9
' ' of Bataan and i< ‘ Ownership ofthe Dominant Estate U
more particularly descnbed as follows, to wit: . i
\
A parcel of land (Lot 3, BIock1 pr the subdivision‘P la Ill LRC )P$d-
I 11111, being a portion of Lot 1-B, descnbed on plan Psd.~12222, LRC
(GLRO ) R ec . No . (NA), situated
' ‘in 34- San Nicolas
' ‘ ' ' of
St. Municipality
Mariveles, Province of Bataan. Bounded on the N., points 1 to 2 by Lot 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. 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 a >- I Description of the Dominant Estate
point marked "1' on the plan, being N. 14 deg. 20' E., 53.29 m. from Mon.
#1, Municipality of Manveles. Province of Bataan. .
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;.
I
thence N. 2 deg. 48' W., 2.45 m. to point 5; 4

thence N. 2 deg. 17' W., 6.55 m. to the point of beginning;
containing an area of THREE HUNDRED HECTARES '(300)

hectares more or less. All points referred to are indicated on the plan and
are on the ground by P.S. cyl. conc. mons. 15 x 60 cm.s; bearings
true, date of the onginal survey, December 17, 1908 & February 14 - 17.
1966.
FORMS
LEGAL
xxx XXX Xxx
, | |' 1-2 b Lot 1513; on the W., along
|' 2 3-4-B°u_:>t:-Seg °Eo:h134:6'a<:1n%1enl?l, along lines 7-8-9 by Lot 1476 and
385$-E amng Hne 9-1 by Lgt 1488, all Cad- D, Manila Cadastre.
Xxx xxx xxx." _
which prqperty is covered by T.C.T. No. 34561 issued by the
Register of Deeds of the province of Eli
. ' ri "' th owner of a residential lot located at
9| _ Ownership of the Servient Estate 1
- ' That selinvieptalgmzrgvinsce
rrAi;i‘r‘llci|é6','t¥ more particulany if Bataan, which
descnbed as lot is adjacent
follows, to wit: to
" an as p
k 2 fth ubdivision plan (LRC) Psd-
A Pa'°°' °":."‘:‘Bil?i§ detscrilfeg on plan Psd-12222, LRC
2(151,;16)b§'2§ (al.) situated in so Sandatahan st. Municipality pr \ Description of the Servient Estate
. - Bounded on the N., points 1 to 2 by Lot 1,
Manveles. Province of Bataan-
_ i _»
\
LEGAL FORM$
\
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.
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;
thence N. 2 deg. 48' W., 2.45 m. to point 5;
thence N. 2 deg. 1_7' W., 6.55 m. to the point of beginning;
>| Description of the Servient Estate 1
containing an area of TWO HUNDRED AND FORTY-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;
beanngs true, date of the original survey, December 17, 1908 8- February
14 — 17, 1966. '
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.
XXX XXX XXX '
Which property is covered by T.C.T. No. 73950 issued by the ’

Register of Deeds of the province of Bataan; . ,
That “Dominant Ochoa", in _order to have an access to and from,

and to cultivate, his above-mentioned land, and so as to have an ou tlet to
G en R'carte
I , which is the nearest public road and least burdensome to the
servient estate and to third persons, it would be necessary for him to pass
through “Servient Osmena's" property, an d for this p urpose , a path or:
passageway of not less than two (2) meters wide through the whole length I Terms and Conditions \
of the westem side of “Bartolome Bustamante's" property is necessary for
the use of “Dominant Ochoa” and for all his needs in cultivating her estate.
That said path or passageway is particularly described in the
attached plan, Annex "A." . ~ .
WHEREFORE, for and in consideration of the sum of ONE
MILLION FIVE HUNDRED FORTY FIVE THOUSAND PESOS (P1, 545,
000.00), receipt whereof is hereby acknowledged by "Servient Osmena"
the latter agrees and permits “Dominant Ochoa" to have a permanent
easement of right of way over the above-‘mentioned property of said
“Bartolome Bustamante“ limited to not more than two (2) meters wide
throug h ou t the whole length of the westem side of said property and as
specifically indicated in the attached plan which is made an integral part
of this contract, as Annex “A."
It is further agreed that “Servient Osmena" shall deliver unto
“Dominant Ochoa" all the necessary ‘papers. deedS_. and titles in relation to
the servient estate in order to facilitate the registration of the above-
mentioned right of way, in accordance with law.
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
POWER OF ATTORN HEREBY GIVING AND GRANTING unto my

said attorney full power and authority whatsoever
requisite or necessary or proper to be done in and.
about the premises as fully to all intents and
Related Law: CIVIL CODE, Art. 1868 purposes as I might and could lawfully do if
personalIy_present, with power of substitution and
Contents: (VeT-PAP-GA) revocation,‘and hereby, ratifyinq and confirming all
that my said attorney or his substitute shall lawfully
1 . Enue and Iitle; _ do or cause to be done under and by virtue of these
2. Personal Circumstance Appointment: operative presents.
words — name, constitute and appoint;
3. Bower, IN WITNESS WHEREOF, I have hereunto set
4. Qranting authority: operative — hereby giving my hand this 19th day of April, 2021 in Manila,
and granting; and Philippines.
5. Acknowledgment. (Sgd.) John Lloyd dela Cruz (Sgd.) Eliena Darna
Principal Attorney-in-fact
FORM NO. 127: GENERAL POWER OF
ATTORNEY " Signed in the presence of:
Related Law: CIVIL CODE, Art. 1877 (Sgd.) Vea Alonso (Sgd.) Maja Blanca Salvador
Witness Witness
General Power of Attomey - An agency couched
in general terms comprises only acts of ACKNOWLEDGMENT
administration, even if the principal should state that
he withholds no power or that the agent may execute (GUEVARA, supra at 161)
suctl acts as he may consider appropriate, or even
though the agency should authonze a general and FORM NO. 128: SPECIAL POWER OF
unlimited management (CIVL CODE, Art. 1877). ATTORNEY i
Related Law: CIVIL CODE, Art. 1878
GENERAL POWER OF ATTORNEY
Special Power of Attorney is required in any of
FORMS
LEGAL
KNOW ALL MEN THESE PRESENTS: the following instances, among others:
1. To make such payments as are not usually
I, John Lloyd dela Cruz of leqal aqg, marned considered as acts of administration;
to Vea Alonso Filipino, a resident of
iii , ; 2. To effect novation which put an end to
San Miguel, Manila, do hereby name, constitute, and obligations already in existence at the time the
appoint Eliena Dama, to be my true and lawful attomey. agency was constituted;
for me and in my name. pIaoe._ and stead. I0 do and 3. To compromise, to submit questions to
perform the following acts and things to wit: arbitration, to renounce the right to appeal from
a judgment, to waive objections to the venue of
To have, sue, and to take any all lawful wayg
and means for the recovery thereof bV 5‘-mi an action or to abandon a ‘prescription already
attachment, compromise or otherwise; acquired; -
4. To waive any obligation gratuitously;
To delegate in whole or in part any all of the 5. To enter into any contract by which the
powers herein grantéd or conferred, by means of an ownership of a'n immovable is transmitted or
instniment in wnting, favor of any third persons whom my acquired either gratuitously or for a valuable
said attomey may select; consideration;
3
LEGAL FORMS
Legal and Judicial Ethics '
6. To make gifts, except customary ones for charity
or those made to employees in the business (Sgd.) John Lloyd dela cniz ($911-I Ellen; Dania ,
Principal Attomey-in-fact
managed by the agent;
7. To loan or borrow money, unless the latter act Signed in the presence of:
be urgent and indispensable for the preservation
of the things which are under administration; (3gd_) Vea A|Q|15Q (Sgd.) Maja Blanca Salvador
8. To lease any real property to another person for ’ Witness "Witness
more than one year;
9. To bind the principal to render some service ACKNOWLEDGMENT
without compensation; '
10. To bind the pnncipal in a contract of partnership; (GUEVARA, supra at 162) ~ I
11. To obligate the principal as pa guarantor or
surety;
12. To create or convey real rights over immovable
"FORM NO. 129: REVOCATION oi=
property; POWER OF AT‘l'ORNEY
13. To accept or repudiate an inheritance; Contents: (VeTAC-PNRA)
14. To ratify or recognize obligations contracted 1. Enue and Iitle;
before thea 9 encY} and 2.< Announcement;
15. Any other act of strict dominion (CIVL CODE, . ‘Personal Qircumstances;
Art. 1870). _ . Bower of Attomey;
. Notarialregistration; _
C101-l>C\J. Revocation clause: operative words - revoke,
. SPECIAL POWER OF ATTORNEY ~ . ‘annul and make void; and
7. Acknowledgment.
KNOW ALL MEN BY THESE PRESENTS: ' _
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
(GUEVARA. supra at 166) Requisites of a Valid Will: (WL-SAT-PAA)

1. In Writing; V - -
2. In a Language or dialect known to the testator;
3. Subscribed at the end by the testator_or P)’
WILLS AND I_GSI8IOI"S name written by a person I" I'"5
.presence; »
DONATIONS 4. Attested and subscribed by at least three
instrumental witnesses;
5. Iestator and witnesses must sign in each and
every page thereof except the last on the left
FORM NO. 130: HOLOGRAPHIC WILL; margin; _
Related Law: CIVIL CODE, -Art. 810 6. gages should be numbered correlatively in
letters on the upper part of each page;
It should be entirely wntten, dated and signed by the 7. Attestation clause (PARAS, supra at 86-95); and
hand of the testator (CIVIL CODE, Art. 810). 8. Acknowledged before a notary public (CIVIL
CODE, Art. 806).
Need not be acknowledged or subscribed before a
notary public (PARAS, Civil Code of the Philippines
Annotated I/Wlls and Succession, Art. 774-1105, REPUBLIC OF THE PHILIPPINES )
(2016), p. 113) [hereinafter PARAS, Wills and City of Manila )S.S. '
Succession].
LAST WILL AND TESTAMENT
In the probate of a holographic will, it shall be
necessary that at least one witness who knows the KNOW ALL MEN BY THESE PRESENTS:
handwnting and signature of the testator explicitly I, Tegibel dela Cruz, of legal ag_e_, married to
declare that the will and the signature are in the Juana dela Cruz, a native of Philippines, now
handwriting of the testator. If the will is contested, at actually residing at 22 Recto Ave., Manila, being of
least three of such witnesses shall be required sound and disposing mind and memory, and not
(CIVIL CODE, Art. 811). acting under influence, violence, fraud or
intimidation of whatever kind, do by these presents
declare this to be my Last Will and Testament which I
have caused.to_ be written in English, the language
Cilty ofMamLLw which is known to me. And I hereby declare that:
3 Mardi/201 5
1. The following are my children with their
addresses:
' 1 hereby aiaww cm Mlvarephw (Names and addresses)
will/, ilwmy ha,vidwrLt’w1g»a»nd/LvvtIie/EngI4'4h/
language wluiclv I know how to reawb a/vwb 2. I give and bequeath to my children Anaklz
write/, beqaaadywlg my home owld/ I-of dela Cruz, Junakiz dela Cruz, and Anakizrin dela
Cg; in equal shares, the following properties, real and
wmmM r¢mm personal, whatsoever and wheresoever located: '
{Mia/V1/déla/ci'%| Zr. awxd»ca4h/a,vnowvl£’w\Q't"
Fifty Thow.sa»rwI/ Peso? (-P50,000.00) I-'0'"'W (Description of property)
3. I designate Exe Cutie as the sole

($g.d/.) Teg-i'lveI/dela/Crag/. executor of this Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my

(CIVIL CODE, Art. 810) hand this 3rd day of March 2021 in Manila, Philippines.
_(Sgd.) Tegibel dela Cruz

' Testator
ATTESTATION CLAUSE
We, the undersigned attesting witnesses, whose
residences are stated opposite our respective names,
do hereby certify:
LEGAL FORMS
That the testator, . has

published unto us the foregoing will consisting of three REPUBLIC QF THE PHILIPPINES)
(3) pages numbered correlatively in letters on the upper City of Manila I 3-S-
part of each page, as hislher Last Will and Testament
and has signed the same on each and every page DEED OF DONATION
thereof on the left margin, in ourjoint presence, and we,
in tum, at his/her request have witnessed and signed KNOW ALL MEN BY THESE PRESENTS:
the same on each and every page thereof, on the left
margin, in the presence of the testator and in the This DEED OF DONATION, made and executed by: -
presence of each and all of us. '
Nora Donor, of legal agg, single, Filipino
citizen and with residence and postal address at 14
Recto Ave., Manila, hereinafter called the DONOR,
(name and signature of witness)
' (residence) -in favor of- _
Doneeta Rose, of legal age, single, Filipino
citizen and with residence at 35 Recto Ave., Manila,
(name and signatureof witness) hereinafter called the DONEE,
(residence)
WITNESSETH:
l. ,_ 1. That the DONOR is the owner in fee
simple of that certain real property situated at
(name and signature of witness) Manila City,_ and more particularly descnbed in
(residence) - r TransferIOriginal Certificate of Title No. 1234 of the
>' . Land Registry of Manila, as follows, to wit:
w"
JOINT ACKNOWLEDGMENT A If parcel of - land (Lot 3, Block 1 of the

,j subdivision plan (LRC) Psd-11111, being a
(CIVIL CODE, Art. 805) _ portion - of Lot 1-B} descnbed on plan Psd-
~- ~~ -1 2222, LRC (GLRO) Rec. No. (NA), situated in
the Barrio of Bomber,§Distnct of Sampaloc, City
FORM NO. 132; DONATION MORTIS of Manila. Boundedion the N., points 1 to 2 by
.CAUSA l Lot 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
Related Law: CIVIL CODE, Art. 728 " r _
W., points 4to 5 by Lot 6; points 5 to 6 by Lot
4,_and points 6 to 1 by Lot 2, all of Block 1, all
Donations which take effect upon the death of the of they subdivision plan. Beginning at a point
donor which partake the nature of testamentary marked "1" on the_plan, being N. 14 deg. 20' E
provisions (CIVIL CODE, Art. 728). ». .- 53.29,m. from Mon. #1, Dist. of Sampaloc, City '
of Manila, "
NOTE: A deed of donation mortis causa should be
in the form of a will. The acknowledgment should l thence N. 87 deg. 09' E., 13.88 m. to point 2;
also follow the form required of a will. thence‘ S. 3 deg. 14' E., 17.64 m. to point 3;
, thence S. 88 deg. 01' W., 13.88 m.-to point 4; _
Such donations shall be govemed by the rules thence N. 2 deg. 48' W., 2.45 m. to point 5; A
established in the Title on Succession; it need NOT thence N. 4 deg. 05' W. 8.43 m. to point 6;
be accepted (CIVIL CODE, Art. 728). beginning; ' _ ‘
containing an area of TWO HUNDRED AND FORTY-
Contents: (VeT-POCA-RAJ) FOUR (244) square meters, more or less. All points
1. _y_gnue and Iitle; referred to are indicated on the plan and are marked on
Eersonal circumstances; the Qround by P.S. cyl. conc. mons. 15 x 60 cm.s;
. Qwnership and description of the property; bearings true, date of the onginal survey, December 17.
. Qonveyance of property; 1908 8. February 14 -17,1966.
. Acceptance; ' ' XXX xxx xxx
Bounded on the S. along line 1-2 by Lot 1513; on
oluiawro Bight to control - this statement is the W., along lines 2-3-4-5-6 by Lot 1486; on the N.
recommended by the' Supreme Court to be along lines 7-8-9 by Lot 1476 and on the E., along line
inserted in every donation mortis causa to 9-1 by Lot 1488, all Cad- D, Manila Cadastre.
indicate clear intention that Iiberality is to exist xxx XXX xxx.‘
only at donor's death.
7. Attestation clause (same as wills); and 2. That for and in consideration of the love
and affection which the DONOR has for the DONEE, the
8. goint Acknowledgment (same as wills). said DONO R bi! these presents do hereby cede.
i"
MEM-QRY AID
5I‘9"tU"""‘“7C°.°°°°'L-""mcTBl'0D0rabor\oContoi
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).
NOTE: Absence of either formality renders the

FOR PARTNERSHIPS . contract VOID. If personal property, aside from
Related Law: CIVIL CODE, Title IX - real property, is contributed, the inventory need
not include the former.
Summary:(PeN-POM-TeCa-DiSa-Dis-Jack) Y
1. Ersonal Circumstances of the partners; 3. Where the contract falls within the §tatute of
. Rame of partnership; - - Frauds. .
. Rurposes of partnership; '"
. Pnncipal Qffice address; A ARTICLES OF PARTNERSHIP
. Managing partner and duties; OF XYZ
. Em of existence;
. C_apital contribution of each partner; KNOW ALL MEN BY mess PRESENTS: '
@\lO3U'l-h (»JI'\-7. Qvision of profits;
9. glary of managing Partner; That, we the undersigned, all of legal age
and residents of the Republic of the Philippines
10. %solution of partnership; and have agreed to amend a general partnership unde;
11. goint Aglynowledgment. the terms and conditions herein set forth and
subject to the provisions of existing laws of the
FORM NO. 133: ARTICLES OF GENERAL Republic of the Philippines.
PARTNERSHIP AND WE HEREBY CERTIFY:
Related Laws: CIVIL CODE, Arts. 1771, 1772,
1773, 1776 ' ARTICLE I. That the name fth rt '
shall be XYZ; O e pa “°'Sh'°
.\‘
LEGAL FORMS
ARTICLE ll. That the principal office oi the

partnership shall be located at 50th tIr.' ABC Bldg. y JOINT ACKNOWLEDGMENT 1
Rutlno St., Makati City;
(GUEVARA. supra at 181)
’ ARTICLE Ill. That the names, citizenship, and
residence of the partners are as follows: FORM NO. 134: ARTICLES OF LIMITED
Pedro Santos, (Filipino), residing at #8 Recto Ave., PARTNERSHIP
Manila; - Related Laws: CIVIL CODE. Arts. 1843-1867
Maria Reyes, (Filipino), residing at #7 Recto Ave.,
Manila; (and)
Juan dela Cruz, (Filipino), residing at #6 Recto Ave., Contents: (PNP-PrInTeC-D2J)
Manila; 1. Personal Circumstances of partners;
2. Name oi Limited Partnership - should always be
ARTICLE IV. That the term for which said accompanied by LTD after the name;
partnership is to exist is TEN (101 years from the . _E_urpose/s of the Limited partnership;
original recording of the said-partnership by the , gggcipal place of business;
Securities and Exchange Commission. . _T3rm of existence;
. Qapital contribution;
ARTIVLE V. That the purpose of the . Qesignation and salary of general Partner;
partnership is to sell books.
. Qivision of profits; and
(O®\lU>Ut-ht» .
Joint acknowledgment.
ARTICLE VI. That the capital of the
partnership shall be ONE MILLION PESOS
(P1,000,000), Philippine Currency, contributed In cash Other provisions (if agreed upon): (ATSA-PCD)
by the partners as follows: ' _ '1 Additional contributions to be made by each
Pedm Santos P300, 000; Fmited partner and the times at which or events
Maria Reyes P300, 000; _. on the happening of which they shall be made.
Juan dela Cruz P400, 000 , 2. The_1'ime when the contribution of each limited
TOTAL PJ,00O;0O0 ' partner is to be retumed. .
That no transfer which will reduce the
3. The '_right of a limited partner to §ubstitute an
ownership of Filipino citizens to less than the required - assignee as contributor in his place, and the
percentage of capital shall be recorded in the proper terms and conditions of the substitution.
“books of the partnership. " _ 4. The right of partners to Admit additional limited
partners. ;
ARTICLE Vii. That the profits and losses shall 5. The right of one or more limited partners to
be divided prb-rata among thetpartners. _~ ~ Eriority over other limited partners, as to
' contributiqrls or as to compensation by way of
ARTICLE VIII. The partnership shall be under
income, and the nature of such priority.
the manaqement of Juan Dela Cruz as General
Manager and as such he shall have charge of the 6. The right of the remairiing general partner to
management of the affairs of the partnership Qontinue business on the death, retirement, civil
interdiction or insolvency of a general partner.
ARTICLE IX. That the partners undertake to 7. The right of a limited partner to Qemand and
change the name of the partnership immediately upon receive property other than case in retum for his
receipt of notice or directive of the Securities and - contribution (CIVIL Code, Title IX). '
Exchange Commission , that another ‘partnership,
corporation or person has acquired a prior right to the
use of that name or that the name has been declared
misleading, deceptive, confusingly similar to a ARTICLES OF PARTNERSHIP
registered name, or contrary to public morais,‘good -QF . _ _ .
customs, or public policy “XYZ, LTD."
IN WITNESS WHEREOF, we have hereunto KNOW ALL MEN BY THESE PRESENTS:

set their hands, this 3rd day of March 2021 _ln Manila,
Philippines. These Articles of Partnership, made and
executed by and among: .
(Sgd.) Pedro Santos Pedm Sant s, general partner, (Filipino).
(Sgd.) Maria Reyes residing at #8 Recto Ave. Manila-
(Sgd.) Juan Dela Cruz , limited partner, (Ffliginol.
Signature of partners residmg at #7 Recto Ave. Manila" (and)
Juan dela Cmz, limited partner, (Filipino).
5'9"“ I" "19 P'°9°"¢° °f1 - residing at #6 Recto Ave. Manila" all of legal age
(Sgd.) Vea Alonso
(Sgd.) Maja Blanca Salvador . WWNESSE1-H:
Witnesses
izEm‘
Z3, 5< .3 §§,’~ T Bar Operation: Center
_ ' 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
NOTES: management of the affairs, estate and

1. In lieu of a separate treasurer‘s affidavit as properties of the religious denomination, sect or
required under the old Code, the Revised church within the territorial jurisdiction, so
C°TD0ration Code incorporated the prescribed described succinctly in the articles of
a“e$I8IIO_flS (regarding the receipt of" initial incorporation; '
5"b$°"PII0fl payments) into the Articles of 4. The manner in which any vacancy occurring in
Incorporation. The treasurer-in-trust remains to the office of chief archbishop, bishop, priest.
be primarily responsible in attesting to the minister, rabbi of presiding elder is required to
Corporation’s initial capital (HERBOSA AND be filled, according to the rules, regulations or
RECALDE, p. 18). ~ discipline of the religious denomination, sect or
2. The Revised Corporation Code deleted Section church to which he belongs; and
13 of the Corporation Code, i.e. that at least 25% 5. The place where the principal office of the
of the authorized capital stock as stated in the corporation sole is to be established and located,
Articles of Incorporation must'be-subscribed at which place must be within the Philippines
the time of incorporation, and at least 25% of the (REVISED CORPORATION CODE, Sec. 109).
total subscription must be paid upon
subscription. NOTE: The articles of incorporation may include any
other provision not contrary to law for the regulation
Other Requirements: (Off-SA) of the affairs of the corporation (REVISED
1. it must be in any of the _Q_f_ficiai languages; CORPORATION CODE, Secs. 109).
2. It mu'st be duly §igned; and e ,
3. it must be Acknowledged or authenticated. Submission of the Articles of Incorporation:
1.‘ The articles of the incorporation must be
verified,‘ by affidavit or affirmation of the chief
FORM NO. 136: ARTICLES OF archbishop, bishop, priest, minister, rabbi,
INCORPORATION OF NON STOCK presiding eldergas the case may be;
CORPORATION . _I 2. it must be accompanied by a copy of the
NOTE: Same basic contents with that of a stock 7 commission, certificate of election or letter of
corporation. ' 5 appointment of- such chief archbishop, bishop,
priest, minister, rabbi or presiding elder, as the
Subject to the following: , _ case may be-; and ‘ _ .
1. May not include a purpose _which would-change 3. Duly certified to be correct by any notary public
or contradict its nature as a non-stock (REVISED-CORPORATION CODE, Sec. 110,
corporation; » .» . . pa'r.1). I ‘
2. Names, nationalities and residence of persons
who shall act as trustees,_until the first regular
ones are duly elected and qualified; - ARTICLES OF INCORPORATION ' .
3. May include provisions for transferability of of
membership (REVISED CORPORATION "THE ROMAN CATHOLIC BISHOP OF MANILA"
CODE, Secs. 13 and 89). - .
FORM - NO. 137: ARTICLES -OF 1. That the undersigned, Most. Rev. Bishop
INCORPORATION OF CORPORATION Li, is a Bishop of the Roman Catholic
SOLE V Church, and he desires to become a corporation sole
under the laws of the Philippines, under the name
Related Law: REVISED CORPORATION CODE, and style of “The Roman Catholic Bishop of ManiIa'_'
Secs. 109 to 110 with principal office at 121 Arzobispo, Manila,
Phiii Ines"
Statement: -
1. That the applicant chief archbishop, bishop, _ 2. That the rules, regulations, and discipline
priest, minister, rabbi or presiding elder of his Church are not inconsistent with his becoming a
represents the religious denomination, sect or corporation sole, and do not forbid it;
church which desires to become a_ corporation
sole; , 3. That as such Bishop, he -is charged with
2. That the rules, regulations and discipline of his the administration’ of the temporalities and the
religious denomination, sect or church are management of the estate and properties of the Roman
Catholic Church within his territorial jurisdiction or
consistent with his becoming a corporation sole bishopric; -
and do not forbid it;
3. That such chief archbishop, bishop, priest, 4. That said territorial jurisdiction or bishopric
minister, rabbi or presiding elder is charged with °°mPrises the cities of Manila, Makati, Pasay,
the administration of the temporalities and the
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.
(Sgd.) Most. Rev. Bishop Pari Potter, D.D.

' ARTICLES OF INCORPORATION of
Bishop of Roman Catholic Church of Manila “THE SOCIETY OF CHRISTIAN BROTHERHOOD”
(GUEVARA. supra at 222) KNOW ALL MEN BY THESE PRESENTS:

That the “Society of Christian Brotherhood"
is an unincorporated religious society of the Order of St.
FORM NO. 1 38: ARTICLES OF John the Apostle of the Roman Catholic Faith, with
INCORPORATION OF RELIGIOUS office address at 234 Jupiter St., - Makati City,
Philippines;
SOCIETY
Related Law: REVISED CORPORATION CODE, That it desires to incorporate itself as a
Sec. 114 religious corporation, for the administration of its
temporalities and for the management of its properties
and estates within the Philippines;
Contents: (RC-Not-IPT) '
1. That the religious society or religious order, or Thatits incorporation is not forbidden by any
diocese, synod, or district organization is a rule, regulation or discipline of the Order of St. John the
Religious organization of a .religious Apostle of which it is a part;
denomination, sect or church;
2. That at least two-thirds (2/3) of its membership That its incorporation has been duly authorized
by the affirmative vote of 2/3 of its membership had at a
have given their written_ Qonsent or have voted regular meeting of the Society on April 23, 2012, as
to incorporate; evidenced by a certificate hereto attached as ANNEX
3. That the incorporation ofthe religious society “A” and-made an integral part of these Articles;
desiring to incorporate is Q forbidden bit
competent authority or by the constitution,_ruIes, < That the place where the principal office of
regulations or discipline of the religious the corporation is to be established and located
denomination, sect, or church of which it forms shall be at 234 Jupiter St., Makati City, Philigpines;
a part;
That the number of trustees of the corporation
4. That the religious society desires to lncorP°l'_ate shall be five (5), and the names and residences of the
for the administration of its affairs, properties trustees elected by the Society to serve for the first year,
and estate; _ _ are as follows:
5. The Rlace where the prin_CIPa| »°ff'°e °f the
corporation is to be estabiished_and located, Name Amount Contributed
which place must be within the Philippines, and Heneroso O. Reyes P50,000.00
6. The names, nationalities, andresidences of the Hilda R; Castro P50,000.00
Roger F. Sy P50,000.00
Trustees elected by the religious society or Rose Ann C. Lim P50,000.00
Feligious order, to serve for the first Year °' ?“°h Henry C. Cayetano P50,000.00
other pe|’10d as may be prescribed bydthe avg
of the religious society or f?|lQ'°"5 I?" 9" ° h, That the right to administer all temporalities and
the diogese, synod, or distnct organization, t e all property held or owned by the Society of Christian
board of trustees to be not less than five (5) "°' Brotherhood shall, on its incorporation, pass to the
more than fifteen (15) (REVISED corporation, and shall be held in trust and for the use,
purpose, behalf, and benefit of the Society herein
CORPORATION CODE, Sea 114)- incorporated which shall, furthermore, have the right to
*
LEGAL FORMS
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_
(Sgd.) Pari Potter

-Signature
7.
OPC; »
The name, nationality, residence, and contact
details of the _N£mihee and alternate nominee,
and the extent, coverage, and limitation of such
l
REPUBLIC OF THE PHILIPPINES ) I authority; .
City of Makati V ) s_s_ . 81 The Ireasurer appointed by the OPC, whether it
be the single stockholder or another person to
Pari Potter, Presiding Officer of the "Society of be appointed within 15 days from incorporation;
Christian Brotherhood”; that he caused the above 9. Qther matters which the OPC may deem
Articles of Incorporation to be prepared and "filed necessary and convenient. (REVISED
according to law; that he has read and understood the CORPORATION CODE, Secs. 14, 118, 120 and
contents thereof, that all the allegations in said Articles 124).
as well as the annexed certificate ANNEX “A“ are true
of his own knowledge.
NOTE: The written consent of the nominee and
(Sgd.) Pari Potter 4,, alternate nominee must be attached to the articles of
Signature . _, . \ *4, I lricorporation. if the single stockholder changes its
.\ ,
nominee and alternate nominee by submittingthe
' JURAT '== new nominees’ written consent to the Securities and
ANNEX “A" ~. Exchange ‘Commission, no amendment of the
articles of incorporation is required (REVISED
(GUEVARA, supra at 223) CORPORATION CODE, Sec. 126). " .
I .
FORM NO. 139: ARTICLES or

INCORPORATION OF ONE PERSON , ART|CLE_S_ Of INCORPORATION
-' ,_» i of
CORPORATION , ’ . _lA~\ I Mr. Yoso OPC
.~.~
Related Law: REVISED CORPORATIONCODE,
Secs. 14, and 115 to 132. ;f The undersigned,-of legal age, voluntarily fomis a One
Person Corporation under the laws of the Phiippines
One Person Corporation I “I and certify the following: ‘ .
A One Person Corporation (OPC) is required tofile
articles of incorporation in accordance with the First: That the name of said corporation shall be “Mr.
Yoso, OPC”; s
requirements under Sec. 14 of the_ Revised -. r .
Corporation Code, subject to the other requirements Second:_That__the purpose or purposes for which such
imposed by Title XIII, Chapter Ill of -the Code on corporation is incorporated are: x x x;
0PCs (REVISED CORPORATION CODE," Sec.
118). Third: That the principal office of the OPC is located in
27 Yakal Street, Marikina City; ~
Contents: (NP'-TNA-NoTO)
1. Rama of the corporation, which should indicate Fourth: That the OPC shall have perpetual existence;
in its name, “OPC”; _ Fifth: That the name, nationality and residence address
2 The specific Rurpose or purposes for which the of the single stockholder/director/president of the OPC
corporation is being incorporated; where thereis are as follows:
more than one stated purpose, indicate which is Name Nationality Residence
the primary purpose and which is/are the Philip Yoso Filipino 23_Yakal
secondary purposes; , _ Street,
3. The Rlace where the principal office of the . Marikina City
corporation is to be located;
4. The Term for which the corporation is to exist, if Sim‘: Thai "a"'l<j>$_. nationalities, and residence
the Tzorporation has not elected perpetual pcniresses of the nominee and aitemate nominee are as
o ows:
existence;
5. The N_ame, nationality . and residence of the
single stockholder of the OPC; if the stockholder
ix2,-,-,|
5.3, i
Name
i;,>~ CT Bu Operations Center
Na,,o,,amy Residence 3. Resolutions still in Eorce; and

Master Yoso Filipino 2e Yakal 4- J-"Iai-
IN°mI"e°) I Street,
Marikina City
0"“ Y°$° Filipino 2a Yakal SECRETARY'S CERTIFICATE
(Altemate) Street,
Marikina City I, Cali Heem, of legal age, with office address
Seventh: That the authorized capital stock of the OPC at 50”‘ flr. ABC Bldg. Ruflno St., Makati City, on the
is One Million Pesos (P1,000,000.00), divided into five basis of the corporate records, do hereby certify under
thousand (5000) shares with par value of Two Hundred oath that: i
Pesos (P200.00) per share.
1. I am the corporate secretary of XYZ
Eighth: That all the shares of the authorized capital corporation, a corporation duly organized and existing
stock above-stated have been subscribed by Philip under the laws of the Philippines, with the same office
Yoso: address given above. 7
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
IN WITNESS WHEREOF, I have hereunto signed these JURAT

Articles of incorporation, this 15"‘ day of June 2021, in
the City of Marikina, Metro Manila, Republic of the
Philippines.
Board Resolution is a formal document which
(Sgd.) Philip Yoso serves as evidence of the actions and matters taken
TIN: 123456789 by the directors of the corporation in the meeting
duly held (Black's Law Dictionary, p. 1426). To attest
(Name and signature of treasurer) _ to these resolutions, the Corporate Secretary shall
TlN:__ii_ prepare the Secretary's Certificate.
(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.
KNOW ALL MEN BY THESE PRESENTS: CERTIFIED CORRECT
We, the undersigned, a majority of the Board

of Directors of QRST Corporation, hereby certify that: To be signed by at leasta majority of the Board of
Directors)
On May 2, 2021, 10 o'clock A.M., a special "\
meeting of the stockholders of said corporation was, Countersigned:

upon call of the Board of Directors held at the office of (Sgd) Cali Heem
the corporation at 1F 1" Bldg. Ortigas, Pasig City, Corporate Secretary
for the purpose of securing the consent of the
stockholders to the dissolution of the corporation; I
A written notice of the proposed
dissolution was published for three consecutive
weeks in the daily newspaper A BS Inq ujrer,_a,
newspaper of general circulation in the Philippines. NEGOTIABLE
published in the place where said corporation is
located, and a cogy of said notice was addressed to INSTRUMENTS
each stockholder of record by registered 'maiI, at
least 30 days prlor to said meeting; "
In pursuance of said notice, there appeared in
Related Law:,NEGOTlABLE INSTRUMENTS LAW
person, on the date of the meeting, stockholders
representing ninety_(90) shares out of a total of one .(NlL)
hundred (100) shares of the capital stock of the
corporation, being then more than two-thirds of the Requisites
outstanding capital stock of said corporation. ' An instrument to be negotiable must conform to the
following requirements: (W~SUDOC)
At said meeting, upon motion duly seconded, 1 Must be in Writing and §igned by the maker or
the following resolution, which had previously been drawer; ,
ggproved by the Board of Directors on April 1, 2015,
was submitted to the stockholders for agproval and
2. Must contain an gnconditional promise to pay a
was duly adopted by the unanimous vote of all the sum certain in money; ;
stockholders gresent, being then more than two-thirds 3._ Must be payable on Qemand, or at a fixed or
of the outstanding capital stock of the corporation: ~ determinable future time;
4. Must be payable to.Q_rder or to bearer; and
"RESOLUTION" 5. When the instrument is addressed to a drawee.
he must be named or otherwise indicated
“Whereas, it is not deemed advisable by the therein with reasonable Qertainty
Board of Directors of QRST Corporation to continue (NEGOTIABLE INSTRUMENTS LAW, Sec 1).
operations as a corporation;
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
determinable future time. a sum certain in money to

order or to bearer (NEGOTIABLE EXAMPLE:
LAW. Sec. 184). INSTRUMENTS City of Manila, Philigpines, April 19, 2021
[Insert date when instru ment was issued)

Php 100,000 '
Php M 20 days after sight, PAY to the order of Credi
Thor, the sum of Ten Thousand Pesos (Php 10,000)
and charge the same to the account of Deb Thor.
_ F after date, I
promise 0
of name the orde
(p';1° r _Lthe sum‘
(Sgd.) Deb Thor
A P I Pesos.
FORM NO. 144: CHECK O ’
(Signature of Maker)
Related Law: NEGOTIABLE INSTRUMENTS LAW,
Sec. 185
(GUEVARA, supra at Q0)
Definition: A bill of exchange drawn on a bank
EXAMPLE: payable ' on demand (NEGOTIABLE
Agril 19, 2021
INSTRUMENTS LAW, Sec. 1&5). I
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
(Sgd.) Deb Thor _ Makati, Philippines March 3 2021
(GUEVARA, supra at 60) PAY to Juan Dela Cruz or order/bearer

FIVE HUNDERED THOUSAND PESOS (P 500,000)
FORM NO. 143: BILL OF EXCHANGE (Sgd.) Maria Reyes '
Related Law: NEGOTIABLE INSTRUMENTS - (GUEVARA, supra at 61)
LAW, Sec. 126
Definition: An unconditional order in writing

addressed by one person to another, signed by the COMMON FORMS FOR
person giving it, requiring the person to whom it is LAW PRACTICE AND
addressed to pay on demand or at a fixed or
determinable future time a sum certain in money to OTHER FORMS
order or to bearer (NEGOTIABLE INSTRUMENTS
LAW, Sec.- 126).
FORM NO. 145: RETAINER AGREEMENT
{Insert place, date of when instrument was issued) Definition: FORMS
LEGAL
(insert value to be received)
Retainer Agreements - Either the act of a client
by which he engages the services of an attorney to
, PAY t6 the order of ___, render legal advice or to defend and prosecute his
me sum F______ (Php ) Pesos. cause in court or the fee which a client pays to an
and charge the same to the account of __i attorney when the latter is retained (Black's Law
Dictionary, p. 1430).
(Signature of Drawer)
AGUINALDO LAW GROUP

(GUEVARA, supra at 60) 4434 East Zamora Road, Capital Tower
E.Rodriguez, Quezon City
ATTORNEY - CLIENT RETAINER AGREEMENT
I. PARTIES TO THE AGREEMENT

\
LEGAL FORMs
A Legal and Judicial Ethics
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.
NO GUARANTEE IX. LIEN

Attomey agrees to use his best efforts on the lf the Client receives any cash or property
case but Client also recognizes that Attomey through agreement, settlement or judgment,
has made no guarantee of the success or Client agrees to have this money deposited
outcome of this case. into Attorney's trust account. The Attomey is
9IVBn authority by the Client, to pay any
FEES balance out of this money before assigning
the balance to Client.
Client agrees to pay Attomey all legal fees due
to him. This is guided by the following: X. TERMINATION OF CONTRACT '
a) in doing legal sen/ices, the Attomey
shall receive from Client a minimum, This Agreement shall be terminated if there
non-refundable retainer, and flat fee would be an impossibility of performance of
of Php 30,000 a month. whatever obligation this contract calls for. The
b) Payment of said amount by Client to same shall apply if one of the parties refuses
Attomey guarantees that the t° d° his Part for any unjustified reason.
ZIIW
.!‘.4...'-’-..I.'.['.Q.:I.§i..Y...'2~.!...'2...-..
xi. ATTORNEY’S WITHDRAWAL By: Ms. Maricar G. Jimenez
Client
2:6 Qgtgrney shall withdraw his services only
22 81 cause. This shall be guided by Rule
- of. _ The Code of Professional
R9$P°"$'bl|'tY. Stating the cases where a FORM NO. 146: DEMAND LETTER
lawyer may withdraw his legal services. Definition: A formal notice demanding that the
person to whom the letter is addressed perform an
The Attomey shall immediately turn over an
alleged legal obligation such as rectifying some
d°‘§“'“°m$ arid DI'0perty to which the client is identified problem, paying a sum of money, or acting
entitled.
on a contractual commitment.
XII. CLlENT'S WITHDRAWAL
NOTE: The most common example of a demand
Client may, with or without cause, end this letteriis a monetary demand letter demanding the
agreement by writing to Attorney. Attomey payment of a debt or liability. -
shall retum the client's original file promptly
after this agreement ends. Client is given the
nght to talk to another lawyer before signing April 19, 2021
this agreement. .
MS. VEA ALONSO
XIII. ARBITRATION # 123, 1st Street, San Miguel
City of Manila
Both Attomey and Client agree to resolve any ' FINAL DEMAND
.fee disputes or if there would be alleged
malpractice by Client to Attomey by binding Madam:
arbitration in accordance with the rules on
arbitration in the Philippines. I We write in behalf of our client, John Lloyd
dela Cruz, on the matter of your non-payment of your
XIV. MODIFICATIONS obligation. ‘ '
Any modification of this Agreement will be
effective only if it is in writing, agreed and ' Records disclose that you have an outstanding
signed by both parties. obligation with our client in the amount of P100,000.00,
with interest at 8% per annum, and that despite
XV. COMMENCEMENT OF SERVICES I repeated demands,_you have failed and continuously fail
to pay the aforesaid amount.
This Agreement will not take effect unless
signed by both parties hereto and Attomey is Accordingly, FINAL DEMAND is hereby made
not bound to commence services and appear upon you to settle the amount of P100,000.00 within
in court until receipt by Attomey of'alI fees five (5) days from receipt of this letter. Othenivise, we
outlined in paragraph Vl. (9) °f this will be constrained to file the necessary legal action
Agreement. If for any reason, Client wishes to against you to protect the interest of our client.
terminate this agreement and/or retain the
sen/ices of another counsel, Client is not We trust that you will give this matter your
, relieved of the obligation to pay Attorney's prompt and preferential attention to avoid the expense
fees and costs as mentioned above. and inconvenience of litigation.
XVI. ENTIRE AGREEMENT '

Truly yours,
This written Agreement comprises the entire
Agreement between Client and Attorney. No (Sgd.) Atty. Eliena Darna .
other Agreement made pnor the effective date
of this Agreement will be binding on the (CIVIL CODE, Art. 1169, in .reIation to Art. 1193)
parties.
Both parties acknowledge that they have lead
and understood the entire Agreement and
agreed to be bound by the same. This
Agreement is executed as of the date first
written above. _
By: Ms. Marie A. Santos

Attomey at Law
X
LEGAL FORMS
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.
Clay Ent . To keep you informed and to allow us to continue to

Mendiola, Manila carry on business while the matter proceeds, we will
send you a monthly interim bill and a final bill when your
matter is completed. All bills, including intenm bills, are
Re: Agreement for Legal Services due when rendered.
In the Petition for Annulment of Marriage
We sincerely hope that neither of us will find it
Dear Mr. Ent: ‘ . necessary to end our relationship early. However, if
either of us decides to end our relationship, we will
We confimi that you have retained us to perform the: expect you to pay all outstanding bills before we release
following legal services on your behalf: - I ¢.\ ; ' .your file. Final accounting covering all fees, charges,
1 . Ordinary office consultations; E.,} .,v .- and disbursements shall be made. Please call if you
2. Rendition of legal advice and opinlpns: ~ have any question on terminating our services.
3. Preparation and review of all "pleadings,
affidavits, and all other legal documents; * If the foregoing terms and conditions are acceptable to
4. Appearance in court incases of litigation; you, kindly indicateyour conformity by signing on the
and .,' _ f space indicated below and retuming to us a signed copy
5. Securing medical examination report as of this letter. .
well as permits, licenses, or certification
before appropriate govemment agencies.
-i_ _\ Yours sincerely,
/ I
As our client, you will decide the-general direction you?

matter will follow. We will not take major steps without (Sgd). Atty. Abe O. Gado
receiving your instructions. Finaldecisions will be yours For the Firm
'. .“~__,.- '
with recommendations coming from our firm. We can .- \_ \ ‘ < .
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. .
We will establish an effective communicationwith youf (Sgd.) Clay Ent

Please call or make an appointment whenever you need
clarification on the actions we are taking. We wlll ‘make ' I .
reports on the matter from time to time and send you
°°P'e$ °f °°"’9.$Pondence we send or receive and
documents we prepare. It is your responsibility to keep
us informed of any change in your mailing address or
phone number. ~
We will maintain certain communications absolutel
confidential, when you reveal information in confidencg
to obtain legal advice or services.
Our fee will be ONE HUNDRED THOUSAND PES
(l'l100,000.00) payable upon your acceptance of
proposal and another FIFTY THOUSAND PE$Q$
($50,000.00) upon rendition of the decision in the case
l" addition. you shall also pay the following:
1. The sum '
appea'a"°° °f °l-"' lawyers in court and/or

conferences/meetings plus all out-of-pocket
expenses incurred in connection with the
handling of the case;
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; '
3. She is eligible for the said office, he being a natural-

FORM NO. 149: CERTIFICATE’ OF born citizen of the Philippines, 53 years of age.
CANDIDACY having been born in Tondo, Manila on January 5,
Definition: A sworn certificate filed by a person to E, a , and a resident of the
be eligible for elective office. City of Manila for the last three (3) years;
4. She is an employee with a residence and post-office

Related Rule: OMNIBUS ELECTION CODE, Secs. address for all election purposes at 5 Tondo,
73-78 ' Manila;
Contents: (SP2-CDRA-ODON-TruePhotoB) ‘ 5. She is married to Choco Dela Cruz y Santos;
1. §tatement that the person filing is announcing
his candidacy for the office stated and that he is 6. The name of the political party to which she belongs
eligible for said office; is Nacionalista Pagg;
2. Position - if for Member of the Batasang 7. For the last two years 2010 and 2011, her gross
Rambansa, the province, highly urbanized city Income, including deduction and exemptions
or district or sector which he seeks to represent; therefrom, income tax payment, were as follows:
The golitical party to which he belongs;
. givil status; ' 2010 2011
. Qate of birth;
Residence; _ _ Gross income: P 1,500,000 P 2,000,000
Post office Address for all election purposes. Deductions: 500,000 5004100
Income Tax Paid: P 320, 000 “(L000
Profession or Q_ccuPat'°"F . . (O.R. No. 12678)__(O.R. No. 98735)
$°9 _~I9>cn4>c.o The; he will support and Qefend the Constitution
of the Philippines and WIII maintain true faith and
allegiance thereto; '
\
LEGAL FORMs
FORM 151: WAIVER AND QUITCLAIM IN

(Sgd.) Candy Datu LABOR CASES
REPUBLIC OF THE PHILIPPINES ) Requisites as to Fonn: ‘
CITY OF MANILA )S.S. Compromise agreements in the form of waiver er
quitclaim are essentially contractual (Red,-0
I, Candy Datu, bein swom in accordance with Mindanao Network, Inc. v. Amurao III, G.R. Ne
law, hereby declare that I w?ll support and defend the 167225, October 22, 2014). As such, there is he
Constitution of the Philippines and will maintain true faith prescribed form for their valid _execution. The
and allegiance thereto; that I will obey the laws, legal
orders, and decrees promulgated by its duly constituted document must simply be set forth in writing.
authorities; that the obligation imposed by my oath is
assumed voluntarily by me, without mental reservation Requisites as to Substance:
or purpose of evasion; and that the facts stated in this Waivers and quitclaims are valid and binding if
certificate of candidacy are true to the best of my the following conditions are met: (VUF-C2) I
knowledge. 1. The employee executes a deed of quitclaim
yoluntarily; T I I
(Sgd.) Candy Datu 2. He has full Understanding of what he was doing; l
3. There is no Eraud or deceit on the part of any of

JURAT
the parties; _
(COMELEC RESOLUTION 3253-A, Sec. 2)
4. The Consideration of the quitclaim is credible
V and reasonable; and
FORM NO. 150: AUTHORIZATION M5. The contract is not Qontrary to law, public order,
LETTER public policy, morals or good customs, or
prejudicial to a third person with a right
recognized by law (Goodrich Manufacturing
Date: April 19, 2021 Corporation vs. Ativo, G.R. No. 188002,
pear SirIMadam, I R . February 1,2010). -
I l, Choco Martin married with residence at #123, 1st

Street, San Miguel, Manila and who is presently an
Overseas Filipino Worker based in Hong Kong, do . Republic of the Philippines
hereby authorize Julia Montessori-Martin my wife, of DEPARTMENT OF LABOR AND EMPLOYMENT
legal age, married and with~residen_ce at #123, 1st NATIONAL LABOR RELATIONS COMMISSION
Street, San Miguel, Manila to file my Calamity Loan- ' National Capital Region
Assistance Application duly signed by me, to sign and _~ »» Quezon City
receive the Disclosure Statement under the Calamity
NESTOR D. CONTRERAS,
Loan Assistance Program and to receive the check in
my behalf. ' i ‘ I Complainant,
-versus- NLRC-NCR case No. 554345

(Sgd.) CHOCOMARTIN PHILIR SCREW ARTISAN CORPORATION, V
- Member
"i ’ Respondent.
SS N0.14344 X - - - - - --_- ~ - - - - _ . . . . _ _ __x
(Sgd.) Julia Montessori-Martin April 19, 2021 QUITCLAIM AND RELEASE
ATTACHMENTS addres I. NESTOR D. CONTRE_RAS of legal age, wit' h

s at 35 Laurel Hi-way Tanauan _City.
Batangas. after having been duly swom to eh eeih in.
accordance with law. depose and say: '
1. I was an employee of PHILIP SCREW

ARTISAN CORPORATION, with address at 545 F.
Platon St. Tanauan City, Batangas. '
. 2. On the 27"‘ day of May 2021, I filed the

instant case for 'illegal dismissal
' ' as well as for the
payment of underpaid benefits; ' '
_ That after much thought, I now realize my

mistake
_ in fill "9 the 'instant case. I declare that I
_'°5'9ried from my work voluntary and of my own free will
*3r,,,| §-;,>~
Z3, g-< §Z£02
and design. Being so, I have no cause of action against
my said employer nor any of its officers,
representatives, successors or assigns.
4. I likewise declare that I am not entitled to
any underpayment as I mentioned inthis complaint, and
hereby free the respondents in this case from any
liability whatsoever from any issues arising from the
subject complaint, including that which pertains to the
Social Security Service (SSS), Pag-ibig, and Philhealth.
5. g Should there exist anything in the future
that may entitle me to file any action against my
employer for any cause of action whatsoever, I hereby
waive by these presents .whatever rights that I may
have, to institute or maintain the same.
. IN WITNESS WHEREOF, I have hereunto set

my hand this 3'“ day of August 2021 at Tanauan City,
Batangas.
NESTOR D. CONTRERAS
COMPLAINANT
_ SUBSCRIBED AND SWORN to before me

this 3"‘ day of August at Tanauan City, Batangas by the
complainant NESTOR D. CONTRERAS. l hereby
certify that I have personally examined the complainant
and l am satisfied that he voluntarily executed and
understood the said Quitclaim and Release. _
WITNESS MY HAND AND SEAL this 3'“ day

of August 2021 at Tanauan City, Batangas.
~ /1
JERRICK JESUS A. CAPALAN

LABOR ARBITER

Sbu Legal and Judicial Ethics 2021 XV

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MANDATGRY cGNTINuING LEGAL'E'DUE'ATiGN'-IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII........................ 98

GENERAL PRINCIPLES ............................................................................................................................ 159

BIBLIOGRAPHY ........................................... .. | n u - | - n - ~ | n u | - - - ¢ | - | - - ¢ - Q u n u n - » | - | - | - | | | | u n ¢ | | ¢ .1 n u I - - n ¢ u | | n | - - | - - ¢ - Q - - | - u u n n n ~ up - - | | u Q - n |- 302

3. Canons of Professional Ethics fnttgtnﬁé srefggnggg ?,;‘§,3Be§zﬁL,:,ggE2g2

(DIZON, Basic Legal_ Ethlcs (2017), p_ 63

accused (People v. Daban, G.R. No. L-31429,

CRITERIA FOR THE PRACTICE OF LAW: NA1'URE OF THE PRACTICE OF LAW:

is not entitled to use the title "Atty." and practice law

While the practice of law in the Philippines is

a. Before the NLRC; _

PROCEEDINGS WHERE LAWYERS ARE

PUBLIC OFFICIALS WHO ARE

8. _ Government Broseculors (People v. Villanueva. local government unit of which he I5 an

NOTE: An applicant who has passed the required

Not to Encourage either the commencement or

2., Duties to the Legal Profession (Bar)

A lawyer may no‘ be

23. Barratry _ misrepresentation, artiﬁce or device that is used

(CANONS OF PROFESSIONAL ETHICS, Canon “consultancy” position in LWUA (Brion. Jr. v.

Evils Sought to be Prevented if a lawyer ﬁnds that his client's cause is

already acquired (CIVIL CODE, Art. 1878). A Oppressed t. n

L‘l. .|.5. l.1'Q.:Ift.,Y. .»2~.'. .'?. .

Use of a Foreign Law Firm Name Instances of Prohibited Publicity:

NOTE: The nature of whatever cases are pending

NOTE: While a lawyer may accept employment from

eh he P9365 his client's C8059

iasewllldl _ - 'n, G.R.No. - Filing false charges o1r3g8rgUx\4:mh 28' 1980):

28131. Februagf un-any décisjgn adverse to his

v' Aponadera vﬂ.‘av ntin

No. 27, May 29, 1959); provisions of law in rd -y changing "0

College O; Law on the allegations

conﬁdence has been reposed on him;

connections, clout, dominance, or inﬂuence obstructing the administration of justice (Marantan v_

subject to the same criticism as any other public NATURE OF ATTORNEY-CLIENT

commeiicemeur OF i.AwYeR-CLIENT TYPES OF RETAINER:

I after an advers e decision

lgcﬁgggrzio res ect to the

Committee, _NCL_A or the Accredited Legal Aid

used (Santos, Sr. v. Beltran, A.C. No. 5858,

11, 2012). ' represents inconsistent interests of two or more 1I

opposing clients, he is guilty of violating his oath

cover transactions that occurred beyond the

Provides no justiﬁcation for a lawyer to represent an

identity of his client (R999/3 V- Sa”di9a”baya”- G-R.

Burden of Proof t-31

must intend the communication to be conﬁdential Betrayal of Trust by an Attorney or Solicitor —

not a gun for hire (Millare v. Montero. A.C. No. 3283,

executive ofﬁcers in the discharge of their duties,

G.R. No. L-44346, May 31, 1979)‘.

peddling inﬂuence to party-litigants, creating the

the client (MENDOZA-ARCEGA & DECHAVEZ.

Communication fairness and loyalty in his Forms or Mpdes of Communication Covered:

EXCEPTIONS: (CIG) agency seeking such infonnation for

NOTE: The advances made h | _

adverse to or in conﬂict with that of his former client.

opposing party and his counsel. It is a document

- timel ﬁle a ,formal offer of ‘exhibits

excuse for the respondent's inability to exercise due i

3- The adverse party who has been forced to Form of Compromise w

Compromise: _ An attorney has, however, the implied power to

3. A Qombination of the above Quantum Meruit ~-:. t~.a.

\ Reason for Prohibition: To prevent the lawyer irem