Edited Law Val Paper

7/31/2019 Edited Law Val Paper

1/12

LAW & VALUES

Submitted by:

Cabral, Jan Louie Antonni S.

Castro, Maryland D.H.

Furigay, Ralph Gino P.

Salamat, Jose Miguel R.

Santiago, Felanie April S.

Zoleta, Camille R.

1D

Submitted to:

Atty. Marquez

October 19, 2012


2/12

I. NOTARY PUBLIC


3/12

Our observations are as follows:

No cedula - CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND

LEGAL PROCESSES. (Rule 1.02 - A lawyer shall not counsel or abet activities aimed

at defiance of the law or at lessening confidence in the legal system.)

Prices -Some notary public collects excessive fines on the said affidavit of loss. - CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE

IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE

INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE

PROFESSION. (Rule 2.04 - A lawyer shall not charge rates lower than those

customarily prescribed unless the circumstances so warrant.)

ILDEBRANDO D.

VIERNESTO

NO NAME TWO LAWYERS

Affidavit of loss 1. credit card 2. credit card and

company id

3. credit card

Price 50php- if you have

already a computerizeddocument from the

computer shop they are

referring and it is onlysubject to seal and

signature of the

lawyer.

100php- if thecomputerized

document will bemade, sealed and

signed by the lawyer.

100php- if you lost

your credit card only.150php- if another id

were lost (company

id).

100php- if it will be

prepared, signed, andsealed by the

lawyer

Presence of thelawyer

NOT PRESENT NOT PRESENT PRESENT

Requiring cedula NOT REQUIRED NOT REQUIRED NOT REQUIRED

(according to them, it

only depends upon

the employer)

Requiring valid id NOT REQUIRED NOT REQUIRED REQUIRED

Office Looks like a store Just like a yosi

stand

Looks like a

carinderiaEquipment Dry seal Typewriter laptop

Signboard Notary public, Name of

the lawyer and the Roll

number is displayed

Notary publicprepare or accept rush

services

Notario Publico with

name of the lawyers

Manpower 2 only and no lawyer 1 only and no lawyer 3 with 2 lawyers


4/12

II. PROSECUTORS OFFICE

We observed in the prosecutors office in manila (Eduardo R. Meneses, jr.).

We saw that the fiscal is trying to at least reconcile the two parties who have been friendsto resolve the petty crime while still explaining that the complainant had her own

discretion whether to proceed or not consider his advice to meet halfway. Upon hearingboth sides and demands, the lawyer asks the parties to reconcile and meet half way and

explain the pros and cons of proceeding with a suit or proceeding. The clients were giventhe discretion to choose on their actions. This is in connection with CANON 1 - A

LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE

LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. (Rule

1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it willadmit of a fair settlement.)

He is also asking the background of the case and clearly stating that it is off-paper or itwill not be the basis of the resolution of the case. The facts are as follows:

The complainant, 29 y/o, and the accused, senior citizen, were friends. In the bar,accused had a quarrel with another friend causing an injury to one another with

the use of chair to smash; but, as the complainant tried to stop the fight, she washit in her nose causing a wound in it. Complainant filed serious physical injuryagainst the accused for the wound and asked for damages amounting to 20,000

including the supposed salaries which she would have earned as a floor manager

and her dismissal in the said work having been absent for 2 weeks because of

preparing her documents. The accused is ready to compensate the complainantfor having paid the medical expenses before and an additional amount of


5/12

3,000php from his pension of 4,000php/month which according to the accused is

his only means of income.

As the prosecutor emphasized the friendship of the two parties and his opinion that theamount demanded by the complainant is excessive and suggested that they agree

halfway, the complainant told the prosecutor that she will first consult her family withregards to the compensation bargained. CANON 6 - THESE CANONS SHALL

APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF

THEIR OFFICIAL TASKS. (Rule 6.01 - The primary duty of a lawyer engaged inpublic prosecution is not to convict but to see that justice is done. The suppression of

facts or the concealment of witnesses capable of establishing the innocence of the

accused is highly reprehensible and is cause for disciplinary action.)

The prosecutor ended up scheduling another meeting for them to think and decide, andalso mentioned that as soon as they have decided to still pursue, the papers will be

automatically submitted to their chief or person in the hierarchy position for resolution.-

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS ANDLOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS

CLIENTS. (Rule 15.05 - A lawyer when advising his client, shall give a candid and

honest opinion on the merits and probable results of the clients case, neither overstating

nor understating the prospects of the case.)

Recommendation:

Lawyers whenever confronted with different cases should ensure their speedy

disposition so as not to delay any mans cause and to ensure that decrease of court

dockets. The fiscal lawyer should keep doing his acts of amicably settling the parties. It istheir duty to ensure that justice is not denied and the rights of the parties are protected


6/12

III. PUBLIC ATTORNEYS OFFICE

We went to PAO in manila (Atty. Agna).

We have observed that PAO is really strict as to dealing with the people because wecannot simply enter and observe in their office without permission to the staff outside.

So as we have been permitted to enter, a lawyer voluntarily entertained our concern.It was not easy to get inside the Public Attorneys Office if you are not a client or

without prior notice. However, when informed about our objective, the staff allowed us to

get inside the office. One of the lawyers was accommodating to us which is in accordanceto - CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL

DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION

PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW

SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW

STUDENTS AND ASSIST IN DISSEMINATING INFORMATION REGARDING

THE LAW AND JURISPRUDENCE.

We have observed in their office that each pao lawyer has his own slot with table andchair where he talks to the client but it has no divider making it, which for me, less

private.

However, disregarding the situations or surrounding which in reality most governmentoffice have, the pao lawyer emphasized that they exercise confidentiality and privileged

communication by letting the indigent client speak of whatever matters or information to


7/12

them with the guarantee that they will not divulge or disclose or use it against them even

if there will be no lawyer-client relationship. - CANON 15 - A LAWYER SHALL

OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS

AND TRANSACTIONS WITH HIS CLIENTS. (Rule 15.02 - A lawyer shall be bound

by the rule on privilege communication in respect of matters disclosed to him by a

prospective client.)

While inside the office, it can be observed that the lawyers are all entertaining everyclient who comes into their office. Their primary clients are those indigent people whocannot afford of having legal services which is in line with CANON 14 - A LAWYER

SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. The lawyers does not refuse

to entertain or accept representation of an indigent client provided that the their case has

merit.

However, there was less privacy between the lawyer and his client/s because there wereno dividers in between the tables.

In an interview with one of the PAO lawyers, he emphasize that whatever informationthat was given to them by the client remains exclusive and confidential between them

which is in line with CANON 21 - A LAWYER SHALL PRESERVE THE

CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED

According to him, indigence and merit qualifications must be met by the client in order toavail the assistance of Pao lawyers. He also added that MTC mostly hear 41 cases/ day.-

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE

IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE

INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THEPROFESSION. (Rule 2.01 - A lawyer shall not reject, except for valid reasons, the causeof the defenseless or the oppressed.)

He also told us that the typical misconduct that some of the pao lawyers do based on thecases encountered as posted in their website are receiving consideration from the client,

moonlighting or practicing their duty outside their jurisdiction as well as excessive travel

expenses. CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN

GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL

TASKS. (Rule 6.02 - A lawyer in the government service shall not use his public

position to promote or advance his private interests, nor allow the latter to interfere with

his public duties.)

Recommendation:The lawyers shall keep up with their duty of serving the indigent people. It should

be their duty to ensure that justice is delivered to these people. They shall continuerendering services with confidence and competence equivalent to those well-paid

lawyers.


8/12

IV. REGIONAL TRIAL COURT

We visited RTC manila hearing civil and criminal cases.

We have observed that the judge is moody because many of the counsel did not appear.CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE

LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL

PROCESSES. (Rule 1.03 - A lawyer shall not, for any corrupt motive or interest,

encourage any suit or proceeding or delay any mans cause.); CANON 10 - A LAWYER

OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. (Rule 10.03 -

A lawyer shall observe the rules of procedure and shall not misuse them to defeat the

ends of justice.)

The judge even said that, (pao lawyer) abogado naman niyo nagpapatalo sa inyo. delaynanaman to and nasa bicol daw si atty. Busmento. The lawyer was absent of the said

litigation despite stern warning from the judge.- CANON 8 - A LAWYER SHALLCONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR

TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID

HARASSING TACTICS AGAINST OPPOSING COUNSEL. (Rule 8.01 - A lawyershall not, in his professional dealings, use language which is abusive, offensive or

otherwise improper.); CANON 14 - A LAWYER SHALL NOT REFUSE HISSERVICES TO THE NEEDY. (Rule 14.04 - A lawyer who accepts the cause of a


9/12

person unable to pay his professional fees shall observe the same standard of conduct

governing his relations with paying clients.)

I can see that the judge is quite strict and organized that she wanted that everything willrun smoothly. The crowd were instructed to sit whenever a vacant chair is left.

One fiscal also moved to correct what was written in the stenographic notes and fulfil themissing conversations made by the stenographer using the recorded conversation, as well

as correct the annexes. CANON 18 - A LAWYER SHALL SERVE HIS CLIENT

WITH COMPETENCE AND DILIGENCE. (Rule 18.02 - A lawyer shall not handle

any legal matter without adequate preparation.)

Likewise, another fiscal was assigned by the judge to substitute to the absent lawyer.

1st

Case: Criminal and Civil Case

Defendant was accused of violating Presidential Decree No. 115 or Trust Receipts Act;the accused failed to remit to the bank the proceeds of export of three shipments.

Defendants lawyer presents evidence and verifies it thru the witness who works in thegarment company that is responsible for the shipments.

While the evidence is presented, the Judge asks the PAO lawyer whether he has verifiedthe existence of the evidence, the PAO lawyer answers in negative though no objection

was made. Such action is against Rule 10.01 of Canon 10 of the Code of ProfessionalResponsibility which states that:

CANON 10 - A LAWYER OWES CANDOR,

FAIRNESS AND GOOD FAITH TO THE COURT.

Rule 10.01 A lawyer shall not do any falsehood, norconsent to the doing of any in court; nor shall he mislead,

or allow the Court to be misled by any artifice.

In a case, whether it be civil or criminal, evidence is essential in order to serve justice.Lawyers presenting fraudulent evidences are punishable under the Code of Professional

Responsibility.

2nd

Case: Criminal CaseArraignment

Accused pleaded not guilty on the crime of robbery. Pre-trial was therefore set on anotherdate.

PAO lawyer helps the defendant on making his decisions by giving the accused theconsequences of his actions.3

rdCase: Criminal CaseArraignment

Defendant pleaded guilty on his crime of simple robbery and the stolen items wasrecovered. He was sentenced for a straight penalty ofprision mayorbut it was lowered to

prision correcional.


10/12

4

thCase: Criminal CaseArraignment

Accused pleaded not guilty for the crime of Robbery with Conspiracy.5

thCase: Civil Case

Petitioners have not attended the hearing and only one of the many defendants is present. Atty. Pangalang also failed to pass his conformity as the legal counsel of the defendants. After years of searching, Mr. Vincent, one of the defendants, finally found new

documentary evidence that can possibly prove his innocence. But such relinquishment

from his civil liability was delayed by the absence of his counsel, Atty. Pangalang.

If Atty. Pangalang would be absent on the next hearing, the defendants right for thepresentation of evidence would be deemed waived.

The subpoena is also inconsistent that is why the defendants were not notified about thehearing, if they fail to appear for the next hearing, the defendants right for the

presentation of evidence would be waived.

Atty. Pangalang, the counsel of the defendant is late after the fourth call of the Court.However, the latter presented a medical certificate proving that he is confined due to hishigh-blood pressure but his medical certificate has no signature and date that proves the

validity of such certificate. From this course of action, Atty. Pangalang has alreadyviolated a number of canons in the Code of Professional Responsibility, to wit:

CANON 10 - A LAWYER OWES CANDOR,

FAIRNESS AND GOOD FAITH TO THE COURT

xxx

Rule 10.03 - A lawyer shall observe the rules of procedure

and shall not misuse them to defeat the ends of justice.

CANON 11 - A LAWYER SHALL OBSERVE AND

MAINTAIN THE RESPECT DUE TO THE COURTS

AND TO JUDICIAL OFFICERS AND SHOULD

INSIST ON SIMILAR CONDUCT BY OTHERS.

xxx

Rule 11.02 - A lawyer shall punctually appear at courthearings.

xxx

CANON 12 - A LAWYER SHALL EXERT EVERY

EFFORT AND CONSIDER IT HIS DUTY TO

ASSIST IN THE SPEEDY AND EFFICIENT

ADMINISTRATION OF JUSTICE.


11/12

xxx

Rule 12.03 - A lawyer shall not, after obtaining extensions

of time to file pleadings, memoranda or briefs, let the

period lapse without submitting the same or offering an

explanation for his failure to do so.

Rule 12.04 - A lawyer shall not unduly delay a case,

impede the execution of a judgment or misuse Court

processes.

Based on our observation, Atty. Pangalang is not an effective legal counsel for he is nothelping his clients with regard to their long running case. It was thru Atty. Villanueva, the

opposing counsel and Judge Cacanindin that they were given another chance to present their

evidence and re-set the hearing.

6

th

Case: Criminal Case

Arraignment Accused pleaded guilty for the crime of robbery and was sentenced for four years. The

accused can apply for probation even though he was given final judgment before because

he was dismissed.

7th

Case: Civil Case

Petitioner asks respondent to pay for his debt amounting to P500,000.00. The defendants counsel is absent even though he is already notified of the hearing. The

counsel violates Rule 11.02 of Canon 11:

CANON 11 - A LAWYER SHALL OBSERVE AND

MAINTAIN THE RESPECT DUE TO THE COURTSAND TO JUDICIAL OFFICERS AND SHOULD

INSIST ON SIMILAR CONDUCT BY OTHERS.

xxx

Rule 11.02 - A lawyer shall punctually appear at court

hearings.

xxx

CANON 12 - A LAWYER SHALL EXERT EVERYEFFORT AND CONSIDER IT HIS DUTY TO

ASSIST IN THE SPEEDY AND EFFICIENT

ADMINISTRATION OF JUSTICE.

xxx


12/12

Rule 12.04 - A lawyer shall not unduly delay a case,

impede the execution of a judgment or misuse Court

processes.

The case was therefore reset.

Some quotes to ponder:

For those who are aggrieved by the injustices and lose hope:

Brothers and sisters,

God is the best listener.

You dont need to shout

Nor cry out loudBecause He hears

Even the very silent prayer

of a sincere heart.

For those entertaining to become lawyers only to become boastful and arrogant in

the end:

Words like these are good things to ponder upon,

Watch your thoughts, they become words;

Watch your words, they become actions;

Watch your actions, they become habits;

Watch tour habits, they become character;

Watch your character, for it becomes your destiny.

And, for our classmates;

A lesson from the avatar,

No matter how beautiful your dreams and fantasies are,

You will always have to wake up in order to fulfill them

Note brothers that Every sacrifice has a fruitful reward.

Every failure has a second chance.We only have to be strong by Gods grace to make it through the test of life.

Just believe and have faith.

Let God be your greatest Goal.

Life isnt perfect but wherever life leads you, its because of a purpose.

Documents

Edited Law Val Paper