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LAST MINUTE TIPS IN LEGAL AND JUDICIAL ETHICS,

AND PRACTICAL EXERCISES
N.B. Unless otherwise stated, the provisions cited herein pertain to the Rules of Court.

I. LEGAL AND JUDICIAL ETHICS

1. State the Lawyer’s Oath

I, _______, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines,

I will support the Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein;

I will do no falsehood, nor consent to the doing of any in court;

I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give
aid nor consent to the same;

I will delay no man for money or malice, and

will conduct myself as a lawyer according to the best of my knowledge and discretion, with
all good fidelity as well to the courts as to my clients; and

I impose upon myself these voluntary obligations without any mental reservation or purpose
of evasion.

So help me God. (Code of Professional Responsibility)

2. Who may practice law?

Any person duly admitted as a member of the bar, or admitted as such in accordance with the
provisions of Rule 138, and who is in good and regular standing, is entitled to practice law. (Sec. 1,
Rule 138)

3. What constitutes the practice of law?

The practice of law pertains to any activity in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience. To engage in the practice of law is to perform
acts which are usually performed by members of the legal profession. Generally, to practice law is to
render any kind of service which requires the use of legal knowledge or skill. (Cayetano vs. Monsod,
GR No. 100113, September 3, 1991)

4. What are the requirements for admission to the Bar?

In accordance with Rule 138, Sec. 2, Rules of Court, every applicant for admission as a member of the
bar must be:
1. A citizen of the Philippines;
2. At least twenty-one years of age;
3. Of good moral character;
4. A resident of the Philippines; and

Other qualifications for admission to the Bar:

1. No charges of moral turpitude are filed or pending against him (Id.)
2. Possesses the required Educational qualifications (Bar Matter No. 1153)
a. Pre-Law. Four year pre-law degree in an authorized or recognized university or
college
b. Law Course. Regularly studied law for four years and completed all prescribed
course (Civil Law, Commercial Law, Remedial Law, Criminal Law, Public

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International Law, Political Law, Labor and Social Legislation, Medical Jurisprudence,
Taxation, Legal Ethics)
3. Passed the Bar Examinations (Id., at Secs. 14 & 17);
4. Took an Oath before the Supreme Court;
5. Signed and registered in the Roll of Attorneys; and,
6. Other qualifications as may be prescribed by the Supreme Court. (In Re: Cunanan, Resolution,
March 18, 1954)

5. What are the continuing requirements for membership in the bar?

1. Good moral character;
The court has defined good moral character as “something more than an absence of
bad character. It is the good name, which, the applicant has acquired, or should have
acquired, through association with his fellows. It means that he must have conducted
himself as a man of upright character ordinarily would, or should, or does. Such
character expresses itself in the will to do the unpleasant thing if it is right, and the
resolve not to do the pleasant thing if it is wrong. (In Re: Al C. Argosino, citing 131 S.E.
661, 1926)
2. Citizenship;
3. Payment of professional tax;
4. Membership in the IBP;
5. Payment of IBP dues;
6. Good and regular standing;
7. Compliance with the MCLE.

6. May a Filipino lawyer, who becomes a citizen in another country and later reacquires his
Filipino citizenship, remain a member of the Philippine Bar?
Yes. Generally, the practice of all professions in the Philippines shall be limited to Filipino citizens,
save in cases prescribed by law. (PHIL. CONST. Art. XII, Sec.14, par.2)

In this regard, a Filipino lawyer who becomes a citizen in another country and later reacquires his
Philippine citizenship under Republic Act No. 9225 or the “Citizenship Retention and Reacquisition
Act of 2003” remains to be a member of the Philippine Bar.

However, the right to resume the practice of law is not automatic. RA No. 9225 provides that a
person who intends to practice his profession in the Philippines must apply with the proper authority
for a license or permit to engage in such practice (In re: Petition to reacquire the privilege to practice law in
the Philippines, BM No. 2112 [2012]).

7. What are the grounds by which a lawyer may be suspended or disbarred?

Under Section 27, Rule 138 of the Revised Rules of Court, a member of the Bar may be disbarred or
suspended on any of the following grounds
1. Deceit;
2. Malpractice or other gross misconduct in office;
3. Grossly immoral conduct;
4. Conviction of a crime involving moral turpitude;
5. Violation of the lawyer’s oath;
6. Willful disobedience of any lawful order of a superior court; and
7. Willful appearance as an attorney for a party without authority.

Canon 1 of the CPR also provides that a lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.

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8. What constitutes gross misconduct?

Gross misconduct has been defined as any inexcusable, shameful or flagrantly unlawful conduct on
the part of the person involved in the administration of justice, conduct that is prejudicial to the rights
of the parties or to the right determination of the cause. Such conduct is generally motivated by a
premeditated, obstinate or intentional purpose, but does not necessarily imply corruption or criminal
intent. (Pagdanganan v. Atty. Plata, A.C. No. 1270, February 26, 2020)

9. Can a lawyer be disbarred for immoral acts committed prior to his admission to the Bar?
Yes. The Supreme Court has ruled that possession of good moral character is both a condition
precedent and a continuing requirement for admission to the Bar and retention of membership in the
legal profession. Admission to the Bar does not preclude a subsequent judicial inquiry into any
question concerning one’s mental or moral fitness before they became a lawyer. [Garrido vs. Garrido,
A.C. No. 6593 (2010); B.M. No. 712 In Re: Admission to the Bar and Oath-Taking of Successful Bar Applicant,
Al C. Argosino (1995)]

10. May a lawyer be disbarred/ penalized for acts done not in a professional capacity?
Yes. A lawyer may be disciplined for misconduct committed either in his professional or private
capacity. The test is whether his conduct shows him to be wanting in moral character, honesty,
probity, and good demeanor, or whether it renders him unworthy to continue as an officer of the
court. (Navarro v. Solidum Jr., A.C No. 9872, January 28, 2014)

11. Can a lawyer appear as counsel in the proceedings before the Lupon, in connection with P.D.
1508 (Katarungang Pambarangay Law)?
No. Section 9 of P.D. 1508 expressly prohibits lawyers from appearing before the Lupon. A lawyer
who appears as counsel in a hearing before the Punong Barangay violates Rule 1.01 of the Code of
Professional Conduct, which provides that “a lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.” Any act or omission that is contrary to, or prohibited or unauthorized
by, or in defiance of, disobedient to, or disregards the law is unlawful (Celestino Malecdan V. Atty.
Simpson T. Baldo, A.C. No. 1212, June 27, 2018).

12. Can a law graduate appear as representative of a member of the union before the Labor
Arbiter?
Yes, Article 222 of the Labor Code authorizes non-lawyers to appear before the National Labor
Relations Commission or any Labor Arbiter in representation of their organization or members
thereof.

13. Atty. P is a former Prosecutor of the City of Manila who established his own law office after
taking advantage of the Early Retirement Law. He was approached by Q to act as private
prosecutor in an estafa case in which she is the complainant. It appears that said estafa case was
investigated by Atty. P he was still a Prosecutor. Should he accept employment as private
prosecutor in the case?
Atty. P should not accept the employment as private prosecutor as he will be violating Canon 6, Rule
6.03 of the Code of Professional Responsibility which provides that a lawyer shall not, after leaving
government service, accept employment in connection with any matter in which he had intervened
while in said service.

14. What is covered by the attorney-client privilege?

A lawyer-client relationship begins from the moment a client seeks the lawyer’s advice upon a legal
concern. From that moment, the lawyer is bound to respect the relationship and to maintain the trust
and confidence of his client. Thus, if an individual consults a lawyer in respect to his business affairs
or legal troubles of any kind with a view towards obtaining professional advice or assistance, and the
lawyer acquiesces with the consultation, then a lawyer-client relationship is established. Canon 21 of
the CPR provides that the lawyer shall preserve the confidence and secrets of his client even after the
attorney-client relation is terminated. (Constantino v. Aransazo, Jr., AC No. 9701, October 2, 2021)

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The rule applies to matters disclosed to a lawyer by a prospective client even though the lawyer does
not take on the employment. The privilege does not extend to those made in contemplation of a crime
or perpetration of a fraud.

15. Mr. L sought legal advice from his lawyer, Atty. M, regarding the possibility of annulling his
marriage. In the course of their conversation, Mr. L mentioned that he would be able to
immediately pay Atty. M's legal fees because he received a huge kickback from a favored supplier
in relation to his work as member of his Municipality's Bids and Awards Committee.

(a) Is the communication made by Mr. L to Atty. M regarding the kickback he received
presumed to be confidential? Explain.
No, the communication made by Mr. L to Atty. M regarding the kickback he received is not
presumed to be confidential. Indeed, the relationship between attorney and client is strictly
personal and highly confidential and fiduciary. However, matters disclosed by a prospective
client to a lawyer are only presumed to be confidential when: 1) There is a prospective
attorney-client relationship and it is by reason of this relationship that the client made the
communication; 2) The client made the communication in confidence; and 3) The legal advice
must be sought from the attorney in his professional capacity. The third requirement means
that the communication is not intended for mere information, but for the purpose of seeking
legal advice from his attorney as to his rights or obligations. (Jimenez v. Atty. Francisco, A.C.
No. 10548, December 10, 2014; Mercado v. Vitriolo, A.C. No. 5108, May 26, 2005)

In the instant case, the communication regarding the kickback was merely mentioned by Mr.
L for the purpose of informing Atty. M that he would be able to immediately pay the latter's
legal fees, and not for the purpose of obtaining his legal advice regarding the annulment case
he was planning to file. Thus, although there is a prospective attorney-client relationship
between them and the communication was made in confidence, the information was not
given for the purpose of seeking legal advice and therefore not covered by the rule on
privileged communication.

(b) What is the duty of a lawyer when, in the course of his representation, he discovered that
his client committed fraud upon a person or a tribunal?
Under Rule 19.02 of the CPR, the lawyer has the duty to order his client to rectify such fraud.
If the client refuses to do so, the lawyer shall terminate his relationship with said client in
accordance with the Rules of Court.

16. Can a lawyer enter into an agreement with a non-lawyer for the sharing of attorney’s fees?
No. Rule 9.02 of the Code of Professional Responsibility prohibits not only the actual division of
attorney's fees by a lawyer with a non-lawyer but also the mere stipulation of such an agreement. The
mere execution of the agreement is, thus, a violation of Rule 9.02 of the Code of Professional
Responsibility (Marilyn Pabalan v. Atty. Eliseo Magno C. Salva, A.C. No. 9298, July 29, 2019)

17. What is the test to determine conflict of interest?

In order to establish a violation of the conflict of interest rule, the following must be determined:
1. Whether a lawyer is duty-bound to fight for an issue or claim in behalf of one client and at the
same time to oppose that claim for the other client;
2. Whether the acceptance of a new relation would prevent the full discharge of a lawyer’s duty
of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or
double-dealing in the performance of that duty; or
3. Whether a lawyer would be called upon in the new relation to use against a former client any
confidential information acquired through their connection or previous employment.
(Home Guaranty Corporation v. Tagayuna, A.C. No. 13131, February 23, 2022)

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18. Y, who is a businessman, and Atty. X are good friends. Due to their closeness, Atty. X was able
to borrow P300,000.00 from Y, which amount was intended to refurbish Atty. X's law office. Months
after, Y got into a contractual dispute with Z, one of his business partners. Hence, Y sought the
legal services of Atty. X for the filing of the proper action against Z. In consideration for his legal
services, Y paid Atty. X an acceptance fee of P50,000.00.

Unfortunately, Atty. X and Y's relationship turned sour. Thus, all communications between them
were cut, and worse, Atty. X failed to file the required initiatory pleading against Z on the date
agreed upon. Aggrieved, Y filed an administrative complaint, seeking that Atty. X be sanctioned
and that the P50,000.00 acceptance fee and the P300,000.00 personal loan be returned to him.

(a) What administrative violation/s did Atty. X commit, if any? Explain.

Atty. X violated Canon 16, Rule 16.04 of the CPR, which states that “a lawyer shall not borrow
money from his client unless the client's interests are fully protected by the nature of the case
or by independent advice.” Atty. X's failure to file the required initiatory pleading on the date
agreed upon also amounts to a violation of Canon 18, Rule 18.03 of the CPR, which states that
"a lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection
therewith shall render him liable."

(b) May V's prayer for the return of the P50,000.00 acceptance fee and the P300,000.00 personal
loan prosper? Explain.
Y's prayer for the return of the P50,000.00 acceptance fee will prosper, considering that said
claim involves money received by the lawyer from his client in view of his professional
engagement (Lopez v. Cristobal, A.C. No. 12146, October 10, 2018), especially since Atty. X had
not performed any service at all. On the other hand, Y's prayer for the return of the
P300,000.00 personal loan in the administrative case will not prosper because said claim is
purely civil in nature and is not related to Atty. X's professional engagement. (Lopez v.
Cristobal, A.C. No. 12146, October 10, 2018) Disciplinary proceedings do not involve private
interest and do not afford redress for private grievance. They are undertaken and prosecuted
solely for the public welfare and the purpose of disbarment is mainly to determine the fitness
of a lawyer to continue acting as an officer of the court and as participant in the dispensation
of justice. (Sosa v. Mendoza, A.C. No. 8776, March 23, 2015)

19. A contracted Atty. X’s services for the annulment of her marriage. A made several payments to
Atty. X. After receiving the total sum of PHP 57,000, Atty. X avoided phone calls from A and
canceled their appointments. After 6 months had lapsed without Atty. X filing anything in court, A
made repeated demands for the return of the money. When he failed to return the amount even
after the MeTC issued an order directing him to do so, A filed a complaint against X before IBP.
Should Atty. X be held administratively liable?
Atty. X is guilty of professional misconduct for violating Canons 16, 17, and 18 of the CPR. Atty. X
breached his duties to his client when he failed to exercise due diligence in handling the annulment
case. His failure to render any services legal services despite his receipt of fees is a clear violation of
Rule 18.03, Canon 18 of the CPR. In addition, Atty. X’s failure to return the paid amount to A is a
violation of Rules 16.01 and 16.03, as well as Canon 17.

Once a lawyer agrees to represent a client, they are duty-bound to exert their best efforts and to serve
the latter with utmost diligence and competence. A lawyer owes fidelity to the client's cause and must
always be mindful of the trust and confidence reposed upon them. A lawyer's neglect of a legal
matter entrusted to them by the client constitutes inexcusable negligence for which they must be held
administratively liable.

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When a lawyer receives money from the client for a particular purpose, the lawyer is bound to render
an accounting to the client showing that the money was spent for the intended purpose.
Consequently, if the money was not used accordingly, the same must be immediately returned to the
client. A lawyer's failure to return the money to his client despite numerous demands is a violation of
the trust reposed on him and is indicative of his lack of integrity, as in this case. Acceptance of money
from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the
client's cause.

The highly fiduciary nature of an attorney-client relationship imposes upon the lawyer the duty to
account for the money received from the client. A lawyer's failure to return upon demand the money
received from the client gives rise to the presumption that they have appropriated the same for their
own use. An attorney-client relationship requires utmost good faith, loyalty, and fidelity on the part of
the lawyer. In this case, Atty. X clearly fell short of the demands required of him as a member of the
Bar. (Francia vs. Sagario, A.C. No. 10938, October 8, 2019)

20. Is the failure of counsel to act upon a client’s case resulting in the prescription of available
remedies a violation of the Code of Professional Responsibility?
Yes, the failure of counsel to act upon a client’s case resulting in the prescription of available remedies
is negligence in violation of Canon 18 of the CPR. The general rule is that notice to counsel is notice to
client. This rule remains until counsel notifies the court that he or she is withdrawing his or her
appearance, or the client informs the court of change of counsel (Francisco v. Flores, AC No. 10753
[2016]).

21. Atty. Z, a member of the Philippine Bar who was also admitted to the New York Bar, was
disbarred from the practice of law in New York for violation of Anti-Money Laundering laws of
that State. She returned to the Philippines in order to resume her Philippine law practice. Can she
also be disbarred from practicing law in the Philippines for the same infraction committed in the
foreign jurisdiction?
Yes, if the ground for which she was disbarred in New York is also a ground for disbarment in the
Philippines. But Atty. Z is entitled to due process and can be disbarred in the Philippines only after
proper notice and hearing. The disbarment decision in New York will only constitute prima facie
evidence of her guilt (In re: Maquera 435 SCRA 417 [2004]).

22. When can a lawyer properly withdraw from a case?

Rule 22.01, Canon 22 of the CPR, provides that an attorney may only retire from a case either by
written consent of his client or by permission of the court after due notice and hearing, in which event
the attorney should see to it that the name of the new lawyer is recorded in the case. A lawyer who
desires to retire from an action without the written consent of his client must file a petition for
withdrawal in court. He must serve a copy of his petition upon his client and the adverse party at
least three days before the date set for hearing, otherwise the court may treat the application as a
“mere scrap of paper” (Carlos V. Lopez v. Atty. Milagros Isabel A. Cristobal, A.C. No. 12146, October 10,
2018).

23. When a lawyer may testify as witness?

Generally, when a lawyer is a witness for his client, except as to merely formal matters, such as the
attestation or custody of an instrument and the like, he should leave the trial of the case to other
counsel. Except when essential to the ends of justice, a lawyer should avoid testifying in court in
behalf of his client. However, a lawyer may testify on the following:
1. Formal matters – mailing, authentication, custody of an instrument;
2. As an expert on his fee;
3. Acting as an Arbitrator;
4. Deposition;
5. His testimony is essential to the ends of justice. Thus, he must entrust the trial of the case to
another counsel [PNB v. Uy Teng Piao, G.R. No. L-35252 (1932)]

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24. Atty. U was being investigated by the Integrated Bar of the Philippines regarding a complaint
for immorality filed by his wife, Y. Pending resolution of the case, complainant Y filed an affidavit
of desistance and withdrawal of the complaint on the ground that she mistakenly filed the
complaint out of jealousy. What is the effect of V's filing of an affidavit of desistance and the
withdrawal of her complaint in the administrative case against Atty. U? Explain.
A case for suspension or disbarment may proceed regardless of interest or lack of interest of the
complainants, if the facts proven so warrant. It follows that the withdrawal of the complainant from
the case, or even the filing of an affidavit of desistance, does not conclude the administrative case
against an erring lawyer (Spouses Rogelio Amatorio and Aida Amatorio v. Atty. Francisco Dy Yap and Atty.
Whelma F. Siton-Yap A.C. No. 5914, March 11, 2015). Moreover, disbarment proceedings are sui generis,
and so there can be no affidavit of desistance.

25. Atty. B is a newly admitted member of the Philippine Bar. As a means to manage his heavy case
load, Atty. B delegated the preparation and signing of all motions for extension of time to his
secretary, Ms. D. On the signature page of every motion, the following would appear: "Ms. D for B
Law Office" X, one of Atty. B' s clients, expressed concern over such practice. Atty. B reassured him
that the same is completely permissible as lawyers are allowed to devise means to efficiently
manage their workload. Besides, Ms. D is acting under his full knowledge and authority. Does the
practice of Atty. B of having his motions for extension of time signed by Ms. D constitute any
violation of the Code of Professional Responsibility?
Yes, Atty. B’s practice of having his secretary sign his motions for extensions of time constitutes a
violation of Rule 9.01 of Canon 9 of the Code of Professional Responsibility. The Supreme Court held
that the preparation and signing of a pleading constitute legal work involving the practice of law and
the same is reserved for members of the legal profession. Atty. B’s authority and duty to sign
pleadings are personal to him and he may not delegate the signing of a pleading to a non-lawyer. By
signing a pleading, a counsel certifies that he has read the same, that there is good ground to support
it to the best of his knowledge, information and belief, and that it is not interposed for delay. Hence, it
is the counsel alone who can certify these matters and give legal effect to the document. (Tapay and
Rustia v. Atty. Bancolo, A.C. No. 9604, March 20, 2013)

26. Mr. N was disbarred from the practice of law in 2009 for gross immorality. Ten years later, at age
58, he asked for judicial clemency and filed a petition for his reinstatement in the Roll of
Attorneys. Mr. N had asked forgiveness from his children and maintained a cordial relationship
with his complainant wife. He also submitted a certification from the parish priest and members
of the Integrated Bar of the Philippines chapter to which he belongs of his civic mindedness and
good moral character.

Based on the guidelines for the reinstatement of a disbarred lawyer, may Mr. N be reinstated as a
member of the Bar?
Yes, Mr. N may be reinstated in the Roll of Attorneys. The Court laid down the following guidelines
in resolving requests for judicial clemency, to wit:
1. There must be proof of remorse and reformation.
2. Sufficient time must have lapsed from the imposition of the penalty to ensure a period of
reform.
3. The age of the person asking for clemency must show that he still has productive years ahead
of him that can be put to good use by giving him a chance to redeem himself.
4. There must be a showing of promise (such as intellectual aptitude, learning or legal acumen
or contribution to legal scholarship and the development of the legal system or
administrative and other relevant skills), as well as potential for public service.
5. There must be other relevant factors and circumstances that may justify clemency.
(Macarrubo v. Macarrubo, A.C. No. 6148, January 22, 2013)

27. When is forum shopping said to be committed?

The test to determine forum shopping is whether the elements of litis pendentia are present or
whether a final judgment in one case will amount to res judicata in another. (First Phil. International
Bank v. CA, G.R. No. 115849, January 24, 1996)

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Rule 10.3, Canon 10 mandates lawyers to observe the rules of procedures and to not misuse them to
defeat the ends of justice. A lawyer owes fidelity to the cause of his/her client, but not at the expense
of the truth and the administration of justice. The filing of multiple cases constitutes abuse of the
court's processes and improper conduct that tends to impede, obstruct and degrade the
administration of justice. This may also result in a violation of Rule 12.02 which prohibits a lawyer
from filing multiple cases arising from the same cause; and Rule 12.04 which prohibits the undue
delay of a case by misusing court processes. (Villanueva v. Alentajan, AC No. 12161, August 8, 2020).

28. What may be considered valid advertising of legal services or solicitation of legal business?
Canon 3 of the Code of Professional Responsibility provides that a lawyer, in making known his legal
services, shall use only true, honest, fair, dignified, and objective information or statement of facts.
The Code allows the publication in reputable law lists of brief biographical and informative data;
professional calling cards; and publication of a simple announcement of the opening of a law firm or
of changes in the partnership, associates, firm name or office address. Additionally, it has been
established in jurisprudence that the best advertising possible for a lawyer is a well-merited
reputation for professional capacity and fidelity to trust, which must be earned as the outcome of
character and conduct.

29. Cite some characteristics of the legal profession which distinguish it from business.
The primary characteristics which distinguish the legal profession from a business are:
1. A duty of public service of which emolument is a by-product and in which one may attain the
highest eminence without making much money;
2. A relation as officer of the court to the administration of justice involving thorough sincerity,
integrity and reliability;
3. A relation to client in the highest degree fiduciary;
4. A relation to colleagues characterized by candor, fairness and unwillingness to resort to
current business methods of advertising and encroachment on their, or dealing directly with
their clients. (In Re Sycip, 92 SCRA 1)

30. What are the two concepts of attorney’s fees

Attorney’s Fees refer to:
1. In its ordinary concept, the reasonable compensation paid to a lawyer by his client for the
legal services the former renders; compensation is paid for the cost and/or results of legal
services per agreement or as may be assessed.
2. In its extraordinary concept, attorney's fees are deemed indemnity for damages ordered by
the court to be paid by the losing party to the winning party, as a penalty (Compania Maritima,
Inc. v. CA, G.R. No. 128452, 1999). The instances when these may be awarded are enumerated
in Article 2208 of the Civil Code, and are payable not to the lawyer but to the client, unless the
client and his lawyer have agreed that the award shall accrue to the lawyer as additional or
part of compensation. (Tangga-an v. Philippine Transmarine Carriers, Inc, G.R. No. 180636, March
13, 2013)

31. When may a judge be held administratively liable?

A judge may be administratively liable if shown to have been motivated by bad faith, fraud,
dishonesty or corruption in ignoring, contradicting or failing to apply settled law and jurisprudence.
For liability to attach for ignorance of the law, the assailed order, decision or actuation of the judge in
the performance of official duties must not only be found erroneous but, most importantly, it must
also be established that he was moved by bad faith, dishonesty, hatred, or some other like motive. As
a matter of policy, in the absence of fraud, dishonesty or corruption, the acts of a judge in his judicial
capacity are not subject to disciplinary action even though such acts are erroneous (Atty. Berteni C.
Causing and Percival Carag Mabasa v. Presiding Judge Jose Lorenzo R. Dela Rosa, Regional Trial Court,
Branch 4, Manila, OCA IPI No. 17-4663-RTJ, March 7, 2018).

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32. The lawyer of an accused filed a motion to inhibit, alleging as ground that the judge was the
cousin of the private complainant, which is within the fourth degree of consanguinity. Should the
judge inhibit? Explain briefly.
Yes, the judge should inhibit as the Code of Judicial Conduct specifically provides that a judge shall
take no part in a proceeding where the judge is related by consanguinity or affinity to a party litigant
within the sixth degree or to counsel within the fourth degree. [Canon 3, Section 5, New Code of Judicial
Conduct, April 27, 2004]

33. What are the acts of a notary public:

A notary public can perform the following notarial acts:
1. Acknowledgments - one represents to the notary public that the signature was voluntarily
affixed for the purposes stated in the instrument AND declares the instrument was executed
as a free and voluntary act
2. Oaths and affirmations - one avows under penalty of law to the whole truth
3. Jurats - one signs the instrument and takes an oath or affirmation before the notary public as
to such
4. Signature witnessing - one signs the instrument in the presence of the notary public
5. Copy certifications - one presents an instrument or document that is neither a vital record, a
public record, nor publicly recordable; the notary public copies or supervises the copying of
the instrument or document, compares the instrument or document with the copy; and
determines that the copy is accurate and complete [Sec. 4, Rule II]; and
6. Any other act authorized by the Notarial Rules [Sec. 1(a), Rule IV].
a. Certifying the affixing of signature by thumb or other mark on an instrument or
document presented for notarization [Sec. 1(b), Rule IV].
b. Signing on behalf of a person who is physically unable to sign or make a mark on an
instrument or document [Sec. 1(c), Rule IV].

34. Atty. X notarized two deeds of sale between Y and Z. However, not all vendors named signed
the document. Did Atty. X violate the Notarial Rules when she notarized the two deeds of sale
without the presence of the parties named therein?
Yes. The act of notarization is impressed with public interest. As such, a notary public must observe
the highest degree of care in complying with the basic requirements in the performance of his or her
duties in order to preserve the confidence of the public in the integrity of the notarial system. The
Notarial Rules mandate that before notarizing a document, the notary public should require the
presence of the very person who executed the same. The presence of the parties to the deed is
necessary to enable the notary public to verify the genuineness of the signature. Atty. X clearly
violated the rules when she notarized the deeds of absolute sale despite the incomplete signature and
identification details of the vendors. (Rolando T. Ko v. Atty. Alma Uy-Lampasa, A.C. No. 11584, March 6,
2019)

35. A and B, represented by Atty. X, filed a complaint against C and D. The Sheriff reported that he
failed to personally serve a copy of the complaint to defendants C and D who were abroad.
However, the Answer of the defendants was signed by C and D. Atty. Y discovered that Atty. X was
not commissioned as a notary public during the time that he notarized the Answer. Thus, Atty. Y
filed a petition for disbarment against Atty. X for malpractice, dishonesty, and falsification of
public documents. Should Atty. X be held liable?
Yes, he violated the Rules on Notarial Practice and the Code of Professional Responsibility,
specifically Rule 1.01 of Canon 1, and Rule 7.03 of Canon 7. Section 11 of the 2004 Rules on Notarial
Practice clearly provides that only a person who is commissioned as notary public may perform
notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of
two years commencing the first day of January of the year in which the commissioning is made,
unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court.

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Rule 1.01 of Canon 1 of the Code of Professional Responsibility states that, "A lawyer shall not engage
in unlawful, dishonest, immoral or deceitful conduct." In addition, Canon 7 of the CPR, mandates that
every lawyer shall "uphold at all times the integrity and dignity of the legal profession," and Rule 7.03
which provides that a lawyer shall not engage in conduct that adversely reflects on his fitness to
practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession. (Atty. Manzano v. Atty. Rivera, A.C. No. 12173, November 3, 2020)

36. What powers does the Supreme Court have over lawyers who fail to comply with MCLE?
Failure to comply with the MCLE requirements and disregard of the directives of the MCLE Office
warrants declaration as a delinquent member of the IBP. While the MCLE Implementing Regulations
state that the MCLE Committee should recommend to the IBP Board of Governors the listing of a
lawyer as a delinquent member, there is nothing that prevents the Court from using its administrative
power and supervision to discipline erring lawyers and from directing the IBP Board of Governors to
declare such lawyers as delinquent members of the IBP (Arnado vs. Adaza, 768 SCRA 172, A.C. No.
9834 August 26, 2015).

37. Who are exempt from the requirement of Mandatory Continuing Legal Education (MCLE)?
The following are exempt:
1. The President, Vice President and the Secretaries and Undersecretaries of the Executive
Department;
2. Senators and Members of the House of Representatives;
3. The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired
members of the judiciary, incumbent members of the Judicial and Bar Council, and incumbent
court lawyers covered by the Philippine Judicial Academy program of continuing judicial
education;
4. The Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of the Department
of Justice;
5. The Solicitor General and the Assistant Solicitors General;
6. The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
7. The Chairmen and Members of the Constitutional Commissions;
8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Special
Prosecutor of the Office of the Ombudsman;
9. Heads of government agencies exercising quasi-judicial functions; Incumbent deans, bar
reviewers and professors of law who have teaching experience for at least ten (10) years in
accredited law schools;
10. The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial
Lecturers of the Philippine Judicial Academy;
11. Incumbent Governors and Mayors;
12. Those who are not in law practice, private or public; and
13. Those who have retired from law practice with the approval of the IBP Board of Governors.
[B.M. No. 850]

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II. PRACTICAL EXERCISES

38. Demand Letter (collection of sums of money)

(DATE)

(LENDEE)
(ADDRESS)

RE: Demand for the payment of your outstanding obligation

Gentlemen/Mesdames:

We write in behalf of our client (NAME OF LENDER) regarding your non-payment of your
obligation in the amount of (LOAN AMOUNT) inclusive of interest and surcharges.

Despite repeated demands, you failed, and continuously failed to pay the aforesaid amount.

Accordingly , FINAL DEMAND is hereby made upon you to settle your obligation within
(PERIOD TO PAY) from receipt hereof or make an arrangement favorable to our client within the
same period of time. Otherwise, we shall be constrained to initiate the filing of the necessary
criminal and/or civil cases against you to protect the rights and interests of our client.

We trust that you will give your preferential attention on this matter.

Very truly yours,

(NAME OF LAWYER)

39. Special Power of Attorney to sell Real Property

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS

I, (NAME OF THE PRINCIPAL), (CITIZENSHIP), of legal age, (CIVIL STATUS), and with
residence at (ADDRESS), do hereby name, constitute and appoint (NAME OF AGENT),
(CITIZENSHIP), of legal age, (CIVIL STATUS), and with residence at (ADDRESS), to be my true
and lawful attorney-in-fact and in my name, place and stead, to do and perform the following
specific acts and things, to wit:

“To sell my (REAL PROPERTY) in (LOCATION OF REAL PROPERTY), for an amount not lower
than (PRIZE AGREED UPON), provided that I shall be entitled to receive the said amount of NET
of all the taxes, capital gains and all expenses of transfer to the buyer, and provided that the said
amount shall be deposited to my account in (PRINCIPAL’S BANK ACCOUNT), and upon
depositing the same, I shall remit to you (AMOUNT OF COMMISSION) representing our agreed
commission to you and as compensation to you for your services and assistance in facilitating the
sale of my property.”

GIVING AND GRANTING. Unto my said attorney-in-fact , full power and authority necessary
and required to carry out the acts as fully to all intents and purposes as I might do or lawfully do if
I personally present, hereby ratifying and confirming all that my said attorney-in-fact shall lawfully
do or cause to be done under and by virtue of these presents.

IN WITNESS THEREOF, I have signed this Special Power of Attorney this (DATE) at (ADDRESS
OF EXECUTION).

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(NAME OF PRINCIPAL) (NAME OF AGENT)

Principal Agent

SIGNED IN THE PRESENCE OF

___________________________ ___________________________

40. Jurat
SUBSCRIBED AND SWORN to before me on this (DATE), at (ADDRESS OF EXECUTION), the
following who exhibited to me his (COMPETENT PROOF OF IDENTIFICATION) as competent ID.

(NAME OF NOTARY PUBLIC)

Notary Public
(DETAILS OF COMMISSION)

Doc No.: ____;

Page No.: ____;
Book No.: ____;
Series of 2023.

41. Motion to Dismiss

Republic of the Philippines
REGIONAL TRIAL COURT
(CITY)
(BRANCH)

(NAME OF PLAINTIFF)
Plaintiff,
CIVIL CASE No. (NUMBER)
– versus – FOR: _____________________

(NAME OF DEFENDANT)
Defendant.

x—————————————x

MOTION TO DISMISS

Defendant, through counsel, unto this Honorable Court, most respectfully states:

1. The assessed value of the subject real property alleged in _______of the Complaint
is merely (AMOUNT IN WORDS) (Php (AMOUNT IN NUMBERS)).

2. Section 33 (3) of Batas Pambansa Bilang 129 as amended by Section 2 of Republic

Act No. 11576 provides that the Metropolitan Trial Courts, Municipal Trial Courts
in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts shall have –

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“(3) Exclusive original jurisdiction in all civil actions which involve title to,
or possession of, real property, or any interest therein where the assessed
value of the property or interest therein does not exceed Twenty thousand
pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed
value does not exceed Fifty thousand pesos (P50,000.00) exclusive of
interest, damages of whatever kind, attorney's fees, litigation expenses and
costs: Provided, That value of such property shall be determined by the
assessed value of the adjacent lots”

3. Clearly, this Honorable Court has no jurisdiction in the case at bar.

WHEREFORE, it is respectfully prayed that the instant Complaint be dismissed for lack of
jurisdiction.

Other reliefs, just and equitable, are likewise prayed for.

___________, Philippines. (DATE).

(NAME OF ATTORNEY)
Counsel for Plaintiff

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