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LABOR LAW REVIEWER

LEGAL ETHICS

LEGAL FORMS

LEGAL ETHICS FORMS 2 1

Copyright and all other relevant rights over this material areowned jointly by the University of the Philippines College of Law, the Faculty Editor and the Student Editorial Team.

The ownership of the work belongs to the University of thePhilippines College of Law. No part of this book shall bereproduced or distributed without the consent of the UPCollege of Law.

All rights are reserved.



LEGAL ETHICS AND FORMS REVIEWER

LEG L ETHI S

Table of Contents

Chapter I. Legal Profession.............................3I. Supervision and Control........................3II. Practice of Law......................................3III. Admission to Practice............................4

1. Citizenship .............................................52. Residence..............................................53. Age ........................................................54. Good Moral Character...........................55. Legal Education.....................................56. Bar Examinations ..................................67. Lawyer’s Oath........................................7

IV. Qualifications for Practice .....................71. Law Students.........................................72. Agent .....................................................83. Self-representation ................................8

V. Prohibition from Practice.......................8VI. Notarial Practice ....................................9

Chapter II. Code of ProfessionalResponsibility.................................................11

I. Legal Ethics.........................................11II. Lawyer’s Duties to Society..................12

Canon 1 ...................................................12Canon 2 ...................................................13Canon 3 ...................................................16Canon 4 ...................................................19Canon 5 ...................................................19Canon 6 ...................................................20

III. Lawyer’s Duties to the Legal Profession22

Canon 7 ...................................................22Canon 8 ...................................................23Canon 9 ...................................................25

IV. Lawyer’s Duties to the Courts .............27Canon 10 .................................................27Canon 11 .................................................28Canon 12 .................................................29Canon 13 .................................................32

V. Lawyer’s Duties to the Client ..............33Canon 14 .................................................33Canon 15 .................................................34Canon 16 .................................................36Canon 17 .................................................38Canon 18 .................................................39

Canon 19 .................................................40Canon 20 .................................................41Canon 21 .................................................43Canon 22 .................................................48

Chapter III. Discipline of Lawyers.................50I. Liabilities of Lawyers...........................50II. Power to Discipline Errant Lawyers ....50

A. Forms of Disciplinary Measures ..... 50B. Suspension and Disbarment...........51

C. Procedure for Suspension or Disbarment of Attorneys by the IBP ........52D. Procedure for Suspension or Disbarment of Attorneys (Rule 139-B) by

the Supreme Court Motu Propio .............52E. Imposition of Penalties in theSupreme Court ........................................52

III. Modifying Circumstances.................... 53 A. Mitigating Circumstances ............... 53B. Aggravating Circumstances............53C. Effect of Executive Pardon ............. 53

IV. Reinstatement.....................................53

Chapter IV. Code of Judicial Conduct ........55I. Independence ..................................... 55II. Integrity ............................................... 57III. Impartiality...........................................57IV. Propriety..............................................59V. Equality ............................................... 61VI. Competence and Diligence.................61

Chapter V. Discipline of Judges ..................63I. Liabilities of Judges.............................63II. Discipline of Members of the Bench ...63

Annexes ..........................................................65Indigent Clients............................................65

A. A.M. No. 04-2-04-SC ................. ..... 65B. RA 6033..........................................65C. RA 6034..........................................66D. RA 6035..........................................66E. PD 543............................................67F. A.M. No. 08-11-7-SC (IRR) ............68

Special Law on Retired Justices and Judges.....................................................................73Law on Obstruction of Justice .....................752004 Rules on Notarial Practice..................76BAR MATTER NO. 850 ...............................85[October 02, 2001].......................................85BM No. 2012................................................91Rule on Mandatory Legal Aid Service .........91B.M. No. 1153..............................................94Republic Act No. 9999.................................95Republic Act No. 6713.................................97

Republic Act No. 3019.................................97 A.M. No. 02-9-02-SC ............... .................. .. 99 A. M. No. 00-8-10-SC ................. ................. 99B.M. No. 2012............................................100Rule 138-A................................................. 104Presidential Decree No. 1829....................104



LEGAL ETHICS AND FORMS REVIEWER

L G L FORMS

Table of Contents

Part I. Parts Common to Forms ..................108 A. Scilicet ................. .................. ............ 108B. Captions and Titles ...........................108C. Prayer................................................109

D. Statements Under Oath ....................1091. Acknowledgement and Jurat ........1092. Verification ....................................1113. Certification against Forum Shopping

......................................................1124. Verified Statement of Material Dates

1135. Specific Denial of Due Execution of

Actionable Documents .................. 114E. Request for and Notice of Hearing....114F. Proof of Service.................................115

1. Proof of Personal Service .............1152. Proof of Service by Registered Mail

(with Explanation for failure to servepersonally) ....................................115

G. Place, Date, Signature, Address, RollNumber, IBP Receipt Number, PTRNumber, etc.......................................116

H. Notice of Appeal................................117

Part II. Pleadings in Civil Procedure .........118 A. Complaint ............... .................. .........118B. Answer ..............................................120D. Pre-Trial Brief ....................................122E. Motions..............................................124E. Special Civil Actions..........................132

1. Certiorari.......................................1322. Prohibition ....................................1333. Mandamus....................................1344. Interpleader ..................................1355. Action to Quiet (or Remove Cloud on)

Title...............................................1366. Action for Declaratory Relief ........1377. Quo Warranto...............................138

Part III. Pleadings and Other LegalDocuments in Criminal Procedure .............139

A. Complaint-Affidavit and Counter- Affidavit.......... .................. .................. 139

B. Information and Complaint................142

C. Motions..............................................1451. Motion to Quash Information........1452. Motion to Quash Search Warrant 1463. Motion to Suppress Evidence ......1474. Motion for Bail ..............................148

D. Application for Bail ............................149

IV. Pleadings and Other Legal DocumentsCommon to Civil and Criminal Procedure.150

A. Offer of Evidence andOpposition/Comment to Offer ........... 150

B. Demurrer to Evidence .......................152C. Notice of Lis Pendens .......................154D. Appearance and Withdrawal as Counsel

......................................................154E. Substitution of Counsel ..................... 156

Part V. Pleadings in Cases and SpecialProceedings..................................................157

A. Petition for Habeas Corpus............... 157B. Petition for Adoption..........................158C. Petition for Declaration of Nullity of

Marriage ............................................158D. Petition for Probate of Holographic Will..

......................................................160

Part VI. Deeds, Contracts and Other LegalDocuments....................................................161

A. General Power of Attorney.......... ...... 161B. Special Power of Attorney.................162C. Contract of Lease..............................163D. Holographic and Notarial Will ...........164E. Donation Inter Vivos..........................166F. Secretary’s Certificate.......................167G. Board Resolutions.............................167H. Deed of Assignment..........................168I. Deed of Sale ..................................... 168J. Dacion En Pago ................................173K. Chattel Mortgage .............................. 174

Part VII. Appeals and Other Modes of Review 175

A. Ordinary Appeals in Civil Cases ....... 175B. Ordinary Appeals in Criminal Cases. 175C. Petitions for Review ..........................176

Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data ...........................177

A. Amparo.............. ................. ............... 177B. Writ of Habeas Data..........................180

Glossary of Uncommon Terms...................183





LEGAL ETHICS AND FORMS REVIEWER Table of Contents

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L E G A L E T H I C S

LEG L ETHI S

Table of Contents

Chapter I. Legal Profession.............................3I. Supervision and Control........................3II. Practice of Law......................................3III. Admission to Practice............................4

1. Citizenship .............................................52. Residence..............................................53. Age ........................................................54. Good Moral Character...........................55. Legal Education.....................................56. Bar Examinations ..................................67. Lawyer’s Oath........................................7

IV. Qualifications for Practice .....................71. Law Students.........................................72. Agent .....................................................83. Self-representation ................................8

V. Prohibition from Practice.......................8VI. Notarial Practice ....................................9

Chapter II. Code of ProfessionalResponsibility.................................................11

I. Legal Ethics.........................................11II. Lawyer’s Duties to Society..................12

Canon 1 ...................................................12Canon 2 ...................................................13Canon 3 ...................................................16Canon 4 ...................................................19Canon 5 ...................................................19Canon 6 ...................................................20

III. Lawyer’s Duties to the Legal Profession22

Canon 7 ...................................................22Canon 8 ...................................................23Canon 9 ...................................................25

IV. Lawyer’s Duties to the Courts .............27Canon 10 .................................................27Canon 11 .................................................28Canon 12 .................................................29Canon 13 .................................................32

V. Lawyer’s Duties to the Client ..............33Canon 14 .................................................33Canon 15 .................................................34Canon 16 .................................................36Canon 17 .................................................38Canon 18 .................................................39

Canon 19 .................................................40Canon 20 .................................................41Canon 21 .................................................43Canon 22 .................................................48

Chapter III. Discipline of Lawyers.................50I. Liabilities of Lawyers...........................50II. Power to Discipline Errant Lawyers ....50

A. Forms of Disciplinary Measures ..... 50B. Suspension and Disbarment...........51

C. Procedure for Suspension or Disbarment of Attorneys by the IBP ........52D. Procedure for Suspension or Disbarment of Attorneys (Rule 139-B) by

the Supreme Court Motu Propio .............52E. Imposition of Penalties in theSupreme Court ........................................52

III. Modifying Circumstances.................... 53 A. Mitigating Circumstances ............... 53B. Aggravating Circumstances............53C. Effect of Executive Pardon ............. 53

IV. Reinstatement.....................................53

Chapter IV. Code of Judicial Conduct ........55I. Independence ..................................... 55II. Integrity ............................................... 57III. Impartiality...........................................57IV. Propriety..............................................59V. Equality ............................................... 61VI. Competence and Diligence.................61

Chapter V. Discipline of Judges ..................63I. Liabilities of Judges.............................63II. Discipline of Members of the Bench ...63

Annexes ..........................................................65Indigent Clients............................................65

A. A.M. No. 04-2-04-SC ................. ..... 65B. RA 6033..........................................65C. RA 6034..........................................66D. RA 6035..........................................66E. PD 543............................................67F. A.M. No. 08-11-7-SC (IRR) ............68

Special Law on Retired Justices and Judges.....................................................................73Law on Obstruction of Justice .....................752004 Rules on Notarial Practice..................76BAR MATTER NO. 850 ...............................85[October 02, 2001].......................................85BM No. 2012................................................91Rule on Mandatory Legal Aid Service .........91B.M. No. 1153..............................................94Republic Act No. 9999.................................95Republic Act No. 6713.................................97

Republic Act No. 3019.................................97 A.M. No. 02-9-02-SC ............... .................. .. 99 A. M. No. 00-8-10-SC ................. ................. 99B.M. No. 2012............................................100Rule 138-A................................................. 104Presidential Decree No. 1829....................104



LEGAL ETHICS AND FORMS REVIEWER Chapter I. LEGAL PROFESSION

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Chapter I. Legal Profession

LEGAL PROFESSION

Definition: A group of learned men and womenpursuing a learned art as a common calling inthe spirit of public service.OrganizationLearned art

P ublic service

I. Supervision and ControlRegulated by the Supreme Court (SC), not bythe Professional Regulatory Commission unlikeall other professions.

Statutory Basis 1987 Constitution Art. VIII, Sec. 5, Sub-sec. 5.The SC has the power to promulgate rulesconcerning pleading, practice, and procedure inall courts, and the admission to the practice of law.

SC has the inherent power to integrate the bar inthe exercise of the power to promulgate rules of the judiciary, including admission to the practiceof law, and to the Integrated Bar. ( In the matter of the Integration of the Integrated Bar of thePhilippines, January 9, 1973 )

BARRefers to the whole body of attorneys andcounselors, collectively, the members of thelegal profession

BENCHDenotes the whole body of judge

II. Practice of LawDefinition: any activity, in or out of court, whichrequires the application of law, legal procedure,knowledge, training and experience. It is to givenotice or render any kind of service, whichdevice or service requires the use in any degreeof legal knowledge or skill. ( Cayetano v.Monsod, GR. 100113, September 3, 1991 )

Activity in or out of court

Application of legal knowledge or skill

Padilla (dissent in Cayetano v. Monsod ): Thereare four factors which determine the practice of law. ( HACA )

1. Habituality – customarily or frequentlyholding one’s self out to the public as alawyer

LEG

EH

S

LEGAL ETHICS TEAM

Prof. Concepcion JardelezaFaculty Editor

Giselle MauhayLead Writer

Aggie DorotanRaish Rojas

Althea OjaminalKriska Chen

Alex Dela CruzJian Boller Ivan Palpagan

Gianna De JesusGene Lopez

Venus AmbronaCharles Icasiano

Mae Acha

Dino RegalarioRay VelascoMacri ReyesJopet Go

Cuayo JuicoSam SyRanx Roxas Annie AlmojuelaDiana DyDimitri RoledaRai AlimanSharey Lucman

riters

LEGAL ETHICS and FORMS

Francesse Joy CordonSubject Editor

ACADEMICS COMMITTEE

Kristine BongcaronMichelle Dy

Patrich LeccioEditors-in-Chief

PRINTING & DISTRIBUTION

Kae Guerrero

DESIGN & LAYOUT

Pat HernandezViktor Fontanilla

Romualdo Menzon Jr.Rania Joya

LECTURES COMMITTEE

Michelle AriasCamille Maranan Angela Sandalo

Heads

Katz ManzanoSam Nuñez

Arianne Cerezo

Mary Rose BeleyKrizel MalabananMarcrese Banaag

olunteers

MOCK BAR COMMITTEE

Lilibeth Perez

BAR CANDIDATES WELFARE

Dahlia Salamat

LOGISTICS

Charisse Mendoza

SECRETARIAT COMMITTEE

Jill HernandezHead

Loraine MendozaMary Mendoza

Faye CelsoJoie Bajo

Members




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2. Application of law, legal principles, practice,or procedure – calls for legal knowledge,training and experience

3. Compensation – his professional servicesare available to the public for compensation,as a service of his livelihood or inconsideration of his said services

4. Attorney-client relationship – hence for Padilla, teaching law or writing law booksare not considered as “practice of law”.

Giving advice for compensation regarding thelegal status and rights of another and for one’sconduct with respect thereto constitutes practiceof law. ( Ulep v. Legal Clinic, Bar Matter No. 553,June 17, 1993 )

Persons entitled to practice law are those whoare licensed as members of the Bar; or hereafter maybe licensed as such in accordance with theprovisions of the Rules of Court and who are ingood and regular standing. ( Rules of Court, Rule13, Section 1)

III. Admission to PracticeThe constitutional power to admit candidates tothe legal profession is a judicial function andinvolves exercise of discretion ( In re: Almacen,31 SCRA 562, 1970)

The power of the Supreme Court to regulate thepractice of law includes:(1) authority to define the term [“practice”](2) prescribe the qualifications of a candidate to

and the subjects of the bar examinations(3) decide who will be admitted to practice(4) discipline, suspend or disbar any unfit and

unworthy member of the bar (5) reinstate any disbarred or indefinitely

suspended attorney(6) ordain the integration of the Philippine Bar (7) punish for contempt any person for

unauthorized practice of law and(8) in general, exercise overall supervision of

the legal profession

Congress has no power to regulate the bar

(admission to practice). However, in the exerciseof police power it may enact laws regulating thepractice of law to protect the public. (In reCunanan)

The Bar Flunkers Act of 1953 (RA 972) wasdeclared partially unconstitutional becauseencroached upon the powers granted by theConstitution to the SC in determining the

admission of bar examinees to the bar byusurping such power through a legislative act.

The [Act] is not a legislation; it is a judgment…the law passed by Congress on thematter is of permissive character, merely to fixthe minimum conditions for the license. ( In reCunanan, 94 Phil 534 (1954) )

Shari’a lawyers are not considered “attorneys”.

The SC has declared that persons who passthe Shari’a Bar are not full-fledged membersof the Philippines Bar hence may practice onlybefore Shari’a courts. While one who has beenadmitted to the Shari’a Bar, and one who hasbeen admitted to the Philippine Bar, may both beconsidered as “counselors”, in the sense thatthey give counsel or advice in a professionalcapacity, only the latter is an “attorney”. ( Alawi v. Alauya, A.M. SDC-97-2-P. February 24, 1997 )

ATTORNEYOfficers of the courts, empowered to appear,prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities aredeveloped by law as a consequence. ( Cui v. Cui,120 Phil. 729 )

BARRISTERIn England, a person entitled to practice law asan advocate or counsel in superior court.

SOLICITORIn England, a person prosecuting or defendingsuits in Courts of Chancery. In the Philippines, a

government lawyer attached with the Office of the Solicitor General.

NOTARY PUBLIC A public officer authorized by law to certifydocuments, take affidavits, and administer oaths. Under the 2004 Rules on NotarialPractice, all notaries must be lawyers.

REQUIREMENTS FOR ADMISSION TOPRACTICE (CRAGEBO )

CitizenshipResidenceAge (above 21 yrs)Good Moral Character and no charges

involving moral turputideLegal Education (pre-law, law proper)Bar ExaminationsLawyer’s Oath




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1. Citizenship

Statutory Basis1987 Constitution, Art. XII, Sec. 14. The practiceof all professions in the Philippines shall belimited to Filipino citizens, save in casesprescribed by law.Rules of Court, Rule 138, Sec. 2. Everyapplicant for admission as a member of the bar must be a citizen of the Philippines…

RationaleCitizenship ensures allegiance to the republicand its laws.

A Filipino citizen admitted to the Philippine Bar must maintain such citizenship to remainqualified for the practice of law in this country.(In Re Arthur Castillo Reyes (1993) )

2. Residence

Statutory BasisRules of Court, Rule 138, Sec. 2. Every

applicant for admission as a member of the bar must be …be a resident of the Philippines…

RationaleBecause his/her duties to his client and to thecourt will require that he be readily accessibleand available

3. Age

Statutory BasisRules of Court, Rule 138, Sec. 2. Everyapplicant for admission as a member of the bar must be … at least twenty-one years of age…

RationaleBecause maturity and discretion are required inthe practice of law

4. Good Moral Character

Statutory BasisRules of Court, Rule 138, Sec. 2. Everyapplicant for admission as a member of the bar must be … of good moral character… and mustproduce before the Supreme Court satisfactoryevidence of good moral character, and that nocharges against him, involving moral turpitude,

have been filed or are pending in any court inthe Philippines.

Good moral character is a continuingqualification required of every member of theBar, it is not only a qualification precedent to thepractice of law. ( Narag v. Narag, 291 SCRA 451,June 29, 1998 )

Definitions: Absence of a proven conduct or act which hasbeen historically and traditionally considered asa manifestation of moral turpitude. The act or conduct need not amount to a crime ; and even if it does constitute an offense, a conviction upon acriminal charge is not necessary to demonstratebad moral character although it may show moraldepravity. (Agpalo)

Qualities of truth-speaking, a high sense of honor, full candor, intellectual honesty, and thestrictest observance of fiduciary responsibility.(Frankfurter)

Good moral character includes at least commonhonesty. Deception and other fraudulent acts arenot merely unacceptable practices that aredisgraceful and dishonorable, they reveal abasic moral flaw. ( Olbes v. Deciembre, 457 SCRA 341 )

Question of moral turpitude is for SC to decide,which is why applicants are required to discloseany crime which they have been charged.Concealment or withholding from the courtinformation about charges and indictments is aground for disqualification of applicant or for revocation of license. (Agpalo)

SC may deny lawyer’s oath-taking based on aconviction for reckless imprudence resulting inhomicide (hazing case). But after submission of evidence and various certifications “he may nowbe regarded as complying with the requirementsof good moral character…he is not inherently of bad moral fiber.” ( In Re: Argosino, A.M. No. 712

July 13, 1995; B.M. No. 712 March 19, 1997 )

5. Legal Education

Pre-Law

Statutory BasisRules of Court, Rule 138, Sec. 6. A bachelor’sdegree in arts or sciences with any of thefollowing subjects as major or field of concentration: political science, logic, English,Spanish, History and Economics.

A college degree must first be obtained beforestudying law. Otherwise, one will not be qualifiedto take the bar examinations. (In re TelesforoDiao, 1963)

Law Proper

Statutory BasisRules of Court, Rule 138, Sec. 5 and 6. Allapplicants for admission…shall, before beingadmitted to the examination, satisfactorily show




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that they have regularly studied law for four years , and successfully complete all prescribedcourses, in a law school or university, officially approved and recognized by the Secretary of Education.

Must have completed courses in:Civil LawCommercial LawRemedial LawPublic International LawPrivate International LawPolitical LawLabor and Social LegislationMedical JurisprudenceTaxationLegal Ethics

Graduates of foreign law schools beginning1994 shall not be allowed to take the bar examinations since they cannot present thecertifications required under sections 5 and 6 of Rule 138. ( Re: Application of Adriano M.Hernandez, 1993 )

6. Bar Examinations

Statutory Basis: Rules of Court, Rule 138.

a. WHEN TO FILE FOR PERMIT (Sec. 7) – Atleast 15 days before the beginning of theexamination. Applicants must submitaffidavits of age, residence, citizenship, legaleducation.

Notice (Sec. 8) – Notice of applications for admission shall be published by the clerk of the Supreme Court in newspapers publishedin Filipino, English and Spanish, for at least10 days before the beginning of theexamination.

b. CONDUCT OF EXAM (Sec. 10) – Questionswill be in English or Spanish, to beanswered in writing by examines. No oralexaminations. If penmanship is poor, SCmay allow upon verified application the useof a noiseless typewriter.

Committee will take all precautions toprevent the substitution of papers or commission of other frauds. No papers,books or notes allowed into the examinationrooms. Examinees shall not place their names on the examination papers.

c. WHEN AND WHERE TO TAKE EXAM (Sec.11) – In four days designated by bar examiner, annually (in September) and inthe city of Manila.

d. SUBJECTS (Sec. 9 & 11)

1st day

Political (Constitutional Law,Public Corporations and PublicOfficers) and InternationalLaw(Private and Public)(morning)Labor and Social Legislation(afternoon)

2nd day Civil Law (morning)

Taxation (afternoon)

3rd day Mercantile Law (morning)

Criminal Law (afternoon)

4th day

Remedial Law (morning)* consists of Civil Procedure,Criminal Procedure andEvidenceLegal Ethics and PracticalExercises (in Pleading andConveyancing) (afternoon)

Passing averagE (Sec. 14) – A generalaverage of 75 % in all subjects, withoutfalling below 50 % in any subject.

Relative weights:

Civil Law 15 %Labor and Social Legislation 10 %Mercantile Law 15 %Criminal Law 10 %Political and International Law 15 %Taxation 10 %Remedial Law 20 %Legal Ethics and Practical Exercises 5 %

e. WHO MAKES THE EXAM (Sec. 12): Onemember of the Supreme Court acts asChairman, plus eight members of the bar who act as examiners who hold office for one year. Beginning in 2009, there will betwo examiners per subject.

The Bar Confidant acts as a sort of liaisonofficer between the court and the Bar Chairman on the other hand, and theindividual members of the committee on theother. He is at the same time a deputy clerkof court.

The names of the members of thiscommittee shall be published in each

volume of the official reports.f. RESULTS (Sec. 15) – Committee must file

its report on the results not later thanFebruary 15th after the examination, or assoon thereafter as may be practicable.

g. FLUNKERS (Sec. 16) – Retakers mustapply again. Candidates who have failed thebar examinations for three times shall bedisqualified from taking another examination




7


unless they show proof of reenrollment andsuccessful completion of regular fourth year review classes as well as attended a pre-bar review course in a recognized law school.

The professors of the individual reviewsubjects under this rule shall certify under oath that the candidates have regularlyattended classes and passed the subjectsunder the same conditions as ordinary

students and the ratings obtained by them inthe particular subject.

h. DISCIPLINE (Sec. 13)

No candidate shall endeavor to influenceany member of the committee. Duringexamination the candidates shall notcommunicate with each other and shall notgive or receive any assistance .

Violators will be punished bydisqualification, counted as a failure.Further disciplinary action, includingpermanent disqualification, may be taken inthe discretion of the court.

i. BAR EXAM AS CIVIL SERVICEELIGIBILITY – The law makes passing thebar examination equivalent to a first gradecivil service eligibility for ay position in theclassified service in the government theduties of which require knowledge of law, or a second grade civil service eligibility for anyother government position which does notprescribe proficiency in law as aqualification.

First grade civil service eligibility for anypositionSecond grade civil service eligibility for position which does not prescribeproficiency in law

7. Lawyer’s Oath

Statutory BasisRules of Court, Sec. 17. An applicant who haspassed the required examination, or has beenotherwise found to be entitled to admission tothe bar, shall take and subscribe before theSupreme Court an oath of office. Form 28 of theJudicial Standard Forms prescribes the followingoath to be taken by the applicant:

I, _____, do solemnly swear that I willmaintain allegiance to the Republic of thePhilippines.

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

I will do no falsehood nor consent to thedoing of any in court;

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

I will delay no man for money or malice, andwill conduct myself as a lawyer according tothe best of my knowledge and discretion withall good fidelity as well to the court as to myclients; and

I impose upon myself this obligationvoluntarily, without any mental reservation or purpose of evasion.

So help me God.

The lawyer’s oath is not a mere ceremony or formality for practicing law. Every lawyer shouldat all times weigh his actions according to thesworn promises he makes when taking thelawyer ’s oath. If all lawyers conductedthemselves strictly according to the lawyer’soath and the Code of Professional responsibility,the administration of justice will undoubtedlyfairer, faster and easier for everyone concerned.(In Re: Argosino, 270 SCRA 26 1997)

By taking the lawyer’s oath, a lawyer becomesthe guardian of truth and the rule of law and anindispensable instrument in the fair and impartialadministration of justice. ( Olbes v. Deciembre, A.C. No. 5365 (April 2005)

IV. Qualifications for PracticeStatutory BasisRules of Court, Rule 138, Sec. 1. Any personduly admitted as a member of the bar, or hereafter admitted as such in accordance withthe provisions of this rule, and who is in goodand regular standing, is entitled to practice law.

General Rule: Members of the Bar

Exceptions :(1) Law students(2) By an agent/friend(3) By person

1. Law Students

Statutory BasisRules of Court, Rule 138-A or the Law StudentPractice Rule

Qualifications of Students who may Appear inCourt:Third year standingEnrolled in a recognized law school’s legal




8


education program approved by the SupremeCourt, without compensation in any civil, criminalor administrative case before any trial court,tribunal, board or officer, to represent indigentclients accepted by the legal clinic of the lawschoolUnder direct supervision and control of amember of the IBP duly accredited by the lawschool. Any and all pleadings, motions, briefs,memoranda or other papers must be signed bythe supervising attorney for and in behalf of thelegal clinic.

Rule 138, Sec. 34. A law student may appear inhis personal capacity without the supervision of a lawyer in inferior courts.

Direct Supervision and ControlRequires no less than the physical presence of the supervising lawyer during the hearing.

In Re: Need That Law Student Practicing Under Rule 138-A Be Actually Supervised During Trial (1997) A law student appearing before the RTC under Rule 138-A should at all times be accompaniedby a supervising lawyer.

2. Agent

Statutory BasisRules of Court, Rule 138, Sec. 34. In suchcases, no attorney-client relationship exists; nothabitual. An agent is usually appointed or afriend chosen in a locality where a licensedmember of the bar is not available.

Civil – a party in a civil suit may conduct hislitigation either personally or by attorney unlessthe party is a juridical person. Allowed in MTC, RTC, appellate court.

Criminal – in a locality where a lawyer isunavailable, a judge may appoint a non-lawyer who is a resident of the province, and of goodrepute for probity and ability to defend theaccused. Allowed up to MTC-level only.

Administrative tribunals – only if theyrepresent their organization or members. NLRC,cadastral courts, etc.

Limitations: non-adversarial contentions not habitually rendered not charge for payment

For the government – any person appointed toappear for the government of the Philippines inaccordance with law

3. Self-representation

Statutory BasisRules of Court, Rule 138, Sec. 34. A person mayrepresent himself before any court. He is boundby the same rules in conducting the trial of hiscase. He cannot, after judgment, claim that hewas not properly represented.

Rule 115, Sec 1 (c) provides that an accused

may waive his right to counsel but if he cannotprotect his rights without the assistance of acounsel, the Court should advise him to secure acounsel de parte or appoint a counsel de officioto represent him.

Counsel de officio A counsel, appointed or assigned by the court,from among members of the Bar in goodstanding who, by reason of their experience andability, may adequately defend the accused.

Counsel de parte A counsel employed or retained by the party, or

the accusedRIGHT TO COUNSEL: Absolute and immutable.However, his option to secure the services of counsel de parte is not absolute. The trial courtmay restrict his option to retain a counsel de parte if a) the accused insists on an attorney hecannot afford b) chosen counsel is not a lawyer or c) the attorney declines to represent theaccused for a valid reason, in which case thetrial court can appoint his counsel de oficio torepresent him.

In a democratic and civilized country where the

rights of a person are determined in accordancewith established rules, the employment of aperson acquainted with those rules becomes anecessity both to the litigants and to the Court. Aparty litigant needs the assistance of counsel inall proceedings, administrative, civil or criminal.(Agpalo)

V. Prohibition from Practice

RELATIVE PROHIBITION

1. Senators and members of the House of Representatives (prohibition to appear) (ArtVI, Sec. 14, 1987 Constitution)

2. Members of the Sanggunian (RA No. 7160,Sec. 91)

ABSOLUTE PROHIBITION

1. Judges and other officials as employees of the Superior Court (Rule 148, Sec. 35, RRC)

2. Officials and employees of the OSG3. Government prosecutors ( People v.




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Villanueva, 14 SCRA 109 )4. President, Vice-President, members of the

cabinet, their deputies and assistants, (Art.VIII Sec. 15, 1987 Constitution)

5. Chairmen and Members of theConstitutional Commissions (Art. IX-A, Sec.2, 1987 Constitution)

6. Ombudsman and his deputies (Art. IX, Sec.8 (2nd par.), 1987 Constitution)

7. Solicitor general and assistant solicitor generals

8. All governors, city and municipal mayors(R.A. No. 7160, Sec. 90)

9. Those who, by special law, are prohibitedfrom engaging in the practice of their legalprofession

SPECIAL RESTRICTIONS

1. Retired judges (RA 910, Sec. 1, asamended)

A retired justice or judge receiving a pensionfrom the government, cannot act as counsel

in any civil case in which the Government, or any of its subdivision or agencies is theadverse party or in a criminal case whereinan officer or employee of the Government isaccused of an offense in relation to hisoffice.

REMEDIES AGAINST UNAUTHORIZEDPRACTICE

Petition for InjunctionDeclaratory Relief Contempt of CourtDisqualification and complaints for disbarment

Criminal complaint for estafa who falselyrepresented to be an attorney to the damageparty

VI. Notarial Practice

NOTARY PUBLIC or a notary is any personcommissioned to perform official acts

acknowledgements; oaths and affirmations; jurats; signature witnessing; copy certifications; and any other act authorizes in the rules

PurposeTo verify the personal appearance of affiant andthe genuineness of signature

To authenticate document and verify dueexecution, making document admissible inevidence without proof of authenticity.

Notarization is not an empty, meaningless,routinary act. It is invested with substantivepublic interest, such that only those who arequalified or authorized may act as notariespublic…A notarial document is by law entitled tofull faith and credit upon its face. Courts,administrative agencies and the public atlarge must be able to rely upon theacknowledgement executed by a notarypublic . (Baylon v. Almo, A.C. No.6962, June 25, 2008 )

Qualifications of a Notary Public citizen of the Philippines over 21 years of age resident of the Philippines for at least one

year and maintains a regular place of workor business

member of the Philippine Bar in goodstanding, with clearances from the Bar Confidant of the SC and the IBP

no conviction for any crime involving moralturpitude

(Hence all notaries are lawyers but not alllawyers are notaries.)

COMMISSION A notarial commission is granted by anexecutive judge after petition of the lawyer, andis good for two years. Every petition undergoesa hearing and approved after

petition is proven sufficient in form andsubstance

petitioner proves allegations in petition petitioner establishes to the satisfaction of

the court that he has read and understoodthe Rules on Notarial Practice

AUTHORITY OF THE NOTARYTo certify signature and to sign in behalf of anaffiant.

A notary is authorized to certify the affixing of a signature by thumb or other mark on aninstrument or document presented if:

the thumb or other mark is affixed inpresence of notary and two disinterestedwitnesses

both witnesses affix their own mark

the affiant and witnesses personally presentID with picture, oath of witnesses known tothe individuals, and residence certificates, if not personally known

the notary writes: “Thumb or other markaffixed by ___ in the presence of ____ andundersigned notary public.”

notary public notarizes the signatures or marks through an acknowledgment, jurat or signature witnessing




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A notary public authorized to sign on behalf of a person unable to sign if:

he is directed by the person unable to signor make a mark

the signature of the notary is affixed in thepresence of two disinterested witnesses

both witnesses sign their own names the affiant and witnesses personally present

ID with picture, oath of witnesses known tothe individuals, and residence certificates, if not personally known

the notary writes: “Signature affixed bynotary in the presence of ____.”

notary public notarizes the signatures or marks through an acknowledgment or jurat

What can be notarized

GENERAL RULE: A notary can notarize anydocument, upon request of affiant. Notarizationof document must be at the notary public’sregular place of work.

Exception:

1. Irregularity in place - if it is outside of histerritorial jurisdiction

Exceptions :(1) in public offices, convention halls and

other places where oaths of office areadministered

(2) public function areas in hotels andsimilar areas used for the signing of instruments or documents requiringnotarization

(3) hospitals and other medical institutionswhere a part to an instrument isconfined for treatment

(4) any place where a party to theinstrument requiring notarization isunder detention

2. Irregularity in person

Disqualifications:(1) if notary is personally a party to the

instrument(2) if he will receive as an indirect and direct

result any commission, fee, advantage,right, title, interest, cash, property, or other consideration in excess of what isprovided in these rules

(3) if notary is a spouse, common-lawpartner, ancestor, descendant, or relative by affinity or consanguinity of the principal up to the fourth degree

Mandatory refusal to notarize

If the transaction is unlawful or immoral

If the signatory shows signs that he does notunderstand consequences of the act, per thenotary’s judgmentIf the signatory appears not to act of his own freewill, per the notary’s judgment

NOTARIAL REGISTER A chronological official notarial register of notarial acts consisting of a permanently boundbook with numbered pages. There must only beone active register ay any given time.

Required entries: entry number and page number date and time of day type of notarial act title or description of document name and address of each principal competent evidence of identity name and address of each credible witness fee charged address where the notarization was

performed, if not the notary’s regular place

of business any other circumstance of significance

Official signature – signed by hand, not byfacsimile stamp or printing device, and at thetime of the notarization

Official seal – two-inch diameter seal with thewords “Philippines”, attorney’s name at themargin and the roll of attorney’s number.

For vendors, the sale of the seal may only beupon judicial authority, for a period of 4 years.

For buyers, a certified copy of the commission isnecessary for purchase. One seal per certificate.

The act of a lawyer notarizing a Special Power of Attorney knowing that the person whoallegedly executed it is dead is a seriousbreach of the sacred obligation imposed uponhim by the Code of Professional Responsibility,specifically Rule 1.01 of Canon 1. ( Sicat v. Arriola, 456 SCRA 93 (2005) )

A lawyer is guilty of misconduct in theperformance of his duties if he fails to register in his notarial register the affidavits-complaints

which were filed in an administrative case beforethe Civil Service Commission. ( Aquino v.Pascua, 539 SCRA 1 (2007) )



LEGAL ETHICS AND FORMS REVIEWER Chapter II. CODE OF PROFESSIONAL RESPONSIBILITY

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Chapter II. Code of ProfessionalResponsibility

I. LEGAL ETHICSDUTIES OF A LAWYER

II. LAWYER’S DUTIES TO SOCIETYA. CANON 1: Promote And Respect The Law

And Legal ProcessB. CANON 2: Provide Efficient And Convenient

Legal ServicesC. CANNON 3: Information On Legal Services

That Is True, Honest, Fair And DignifiedD. CANON 4: Support For Legal Reforms And

Administration Of JusticeE. CANON 5: Participate In Legal EducationF. CANON 6: Government Lawyers

III. LAWYER’S DUTIES TO THE LEGALPROFESSIONA. CANON 7: Uphold Dignity And Integrity In

The ProfessionB. CANON 8: Courtesy, Fairness, Candor

Towards Professional ColleaguesC. CANON 9: Unauthorized Practice Of Law

IV. LAWYER’S DUTIES TO THE COURTS

A. CANON 10: Observe Candor, Fairness AndGood FaithB. CANON 11: Respect Courts And Judicial

OfficersC. CANON 12: Assist In Speedy And Efficient

Administration Of JusticeD. CANON 13: Refrain From Act Giving

Appearance Of InfluenceV. LAWYER’S DUTIES TO THE CLIENT

A. CANON 14: Service To The NeedyB. CANON 15: Observe Candor, Fairness,

LoyaltyC. CANON 16: Hold In Trust Client’s Moneys

And PropertiesD. CANON 17: Trust And Confidence

E. CANON 18: Competence And DiligenceF. CANON 19: Representation With ZealG. CANON 20: Attorney’s FeesH. CANON 21: Preserve Client’s ConfidenceI. CANON 22: Withdrawal Of Services For

Good Cause Valid Ground For Refusal

I. Legal Ethics

Definition: Body of principles by which theconduct of members of the legal profession iscontrolled.

It is that branch of moral science which treats of

the duties which an attorney at law owes to hisclients, to the courts, to the bar and to the public.(G.A. Malcolm, Legal and Judicial Ethics 8,1949)

Duties of a Lawyer

Statutory basis: Rule 138, Sec. 20

1) To maintain allegiance to the Republic of thePhilippines and to support the Constitutionand obey the laws of the Philippines;

2) To observe and maintain the respect due tothe courts of justice and judicial officers;

3) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believesto be honestly debatable under the law;

4) To employ, for the purpose of maintainingthe causes confided to him, such meansonly as are consistent with truth and honor,and never seek to mislead the judge or any judicial officer by an artifice or falsestatement of fact or law;

5) To maintain inviolate the confidence, and atevery peril to himself, to preserve thesecrets of his client, and to accept nocompensation in connection with his client'sbusiness except from him or with hisknowledge and approval;

6) To abstain from all offensive personality andto advance no fact prejudicial to the honor or reputation of a party or witness, unlessrequired by the justice of the cause withwhich he is charged;

7) Not to encourage either the commencementor the continuance of an action or proceeding, or delay any man's cause, fromany corrupt motive or interest;

8) Never to reject, for any considerationpersonal to himself, the cause of thedefenseless or oppressed;

9) In the defense of a person accused of crime,by all fair and honorable means, regardlessof his personal opinion as to the guilt of the

accused, to present every defense that thelaw permits, to the end that no person maybe deprived of life or liberty, but by dueprocess of law.

PUBLIC DUTY – as attorneys are faithfulassistants of the court in search of a just solutionto disputes

A counsel de officio is expected to render effective service and to exert his best efforts onbehalf of an indigent accused. He has a highduty to the poor litigant as to a paying client. Heshould have a bigger dose of social conscience

and a little less of self interest. (Agpalo)PRIVATE DUTY – as attorneys operate as atrusted agent of his client

A private prosecutor may intervene in theprosecution of a criminal action when theoffended party is entitled to indemnity and hasnot waived expressly, reserved or instituted thecivil action for damages.




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In case of heavy work schedule of the publicprosecutors, the private prosecutor may beauthorized in writing by the Chief of theProsecution Office or the Regional StateProsecution to prosecute the case subject to theapproval of the Court.

Once so authorized to prosecute the criminalaction, the private prosecutor shall continue to

prosecute the case up to the end of the trialeven in the absence of a public prosecutor,unless the authority is revoked or otherwisewithdrawn. (Rule 110, Sec. 5, ROC, as amendedper A.M. No. 02-2-07-SC, May 1, 2002)

FOUR-FOLD DUTIES OF A LAWYER(Per the Code of Professional Responsibility)

1) Duties to Society should not violate his responsibility to

society exemplar for righteousness ready to render legal aid foster social reforms guardian of due process aware of special role in the solution of

special problems and be always readyto lend assistance in the study andsolution of social problems

2) Duties to the Legal Profession candor fairness courtesy and truthfulness avoid encroachment in the business of

other lawyers uphold the honor of the profession

3) Duties to the Court respect or defend against criticisms uphold authority and dignity obey order and processes assist in the administration of justice

4) Duties to the Client entire devotion to client’s interest

II. Lawyer’s Duties to Society

Canon 1

A lawyer shall uphold the constitution,obey the laws of the land and promoterespect for law of and legal processes.

Rule 1.01 - A lawyer shall not engage inunlawful, dishonest, immoral or deceitfulconduct.

UNLAWFUL CONDUCT An act or omission which is against the law.Dishonesty involves lying or cheating. (Agpalo)

IMMORAL OR DECEITFUL CONDUCTThat which is willful, flagrant or shameless and whichshows a moral indifference to the opinion of the goodand respectable members of the community. (Aguirre)

MORAL TURPITUDE“Includes everything which is done contrary to justice,

honesty, modesty, or good morals”. It involves an actof baseness, vileness, or depravity in the privateduties which a man owed his fellowmen, or to societyin general, contrary to the accepted and customaryrule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or goodmorals. ( Barrios v. Martinez, 442 SCRA 324 (2004) )

E.g. crimes of murder, estafa, rape, violation of BP 22,bribery, bigamy, adultery, seduction, abduction,concubinage, smuggling

Immorality connotes conduct that showsindifference to the moral norms of society.For such conduct to warrant disciplinary

action, the same must be grossly immoral, itmust be so corrupt and false as to constitutea criminal act or so unprincipled as to bereprehensible to a high degree. Respondent'sact belies the alleged moral indifference andproves that she has no intention of flaunting thelaw and the high moral standards of the legalprofession. ( Ui v. Bonifacio, 333 SCRA 38 )

Mere intimacy between a man and a woman,both of whom possess no impediment tomarry, voluntarily carried and devoid of deceit on the part of the respondent isneither so corrupt nor so unprincipled as towarrant the imposition of disciplinary sanction,even if a child was born out of wedlock of suchrelationship. It may suggest a doubtful moralcharacter but not grossly immoral. (Figueroav. Barranco, 276 SCRA 445 (1997) )

Reconciliation between Delizo-Cordova andCordova, assuming the same to be real, doesnot excuse or wipe away the misconduct andimmoral behavior carried out in public. Therequirement of good moral character persists asa continuing condition for membership in theBar in good standing. ( Cordova v. Cordova, 179

SCRA 680 (1989) )While sexual relations between two unmarriedadults is not sufficient to warrant disbarment, it isnot with respect to betrayals to the marital vow.Respondent’s wanton disregard for thesanctity of marriage is shown when hepursued a married woman and thereafter cohabited with her. (Guevarra v. Eala, 529SCRA 1 (2007) )




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When lawyers are convicted of frustratedhomicide, the attending circumstances, notthe mere fact of their conviction woulddemonstrate their fitness to remain in the legalprofession. ( Soriano v. Dizon, A.C. No. 6792,January 25, 2006 )The record discloses that the Court of FirstInstance acquitted respondent Suller for failureof the prosecution to prove his guilt beyondreasonable doubt. Such acquittal, however, isnot determinative of this administrative case... The rape of his neighbor's wife constitutedserious moral depravity even if his guilt wasnot proved beyond reasonable doubt in thecriminal prosecution for rape. He is not worthyto remain a member of the bar. The privilege topractice law is bestowed upon individuals whoare competent intellectually, academically and,equally important, morally. “Good moralcharacter is not only a condition precedent toadmission to the legal profession, but it mustalso be possessed at all times in order to

maintain one's good standing in that exclusiveand honored fraternity.” ( Calub v. Suller, A.C.No. 1474, January 28, 2000 and quoting Docenavs. Limon, 295 SCRA 262 )Rule 1.02 - A lawyer shall not counsel or abetactivities aimed at defiance of the law or atlessening confidence in the legal system.

The SC does not claim infallibility, it will notdenounce criticism made by anyone againstthe Court for, if well founded can truly haveconstructive effects in the task of the Court, butwill not countenance any wrong doing nor allowerosion of the people's faith in the judicialsystem. ( Estrada v. Sandiganbayan, 416 SCRA465 )

The promotion of organizations, with knowledgeof their objectives, for the purpose of violating or evading the laws constitutes such misconduct inhis office. ( In re Terrell, 2 Phil 266 (1903) )

Rule 1.03 - A lawyer shall not, for any corruptmotive or interest, encourage any suit or proceeding or delay any man's cause.

BARRATRY OR “MAINTENANCE”Inciting or stirring up quarrels or groundless lawsuits

AMBULANCE CHASING Accident-site solicitation of almost any kind of legalbusiness by laymen employed by an attorney for thepurpose or by the attorney himself.

Supports perjury, the defrauding of innocent personsby judgments, upon manufactured causes of actionsand the defrauding of injured persons having proper causes of action but ignorant of legal rights and courtprocedure.

A lawyer may be disciplined in his professionaland private capacity. The filing of multiplecomplaints reflects on his fitness to be amember of the legal profession. His conduct of vindictiveness a decidedly undesirable traitespecially when one resorts to using the courtnot to secure justice but merely to exact revengewarrants his dismissal from the judiciary.(Saburnido v. Madrono, 366 SCRA 1 (2001) )

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

The function of a lawyer is not only toconduct litigation but to avoid it wherepossible, by advising settlement or withholding suit. He must act as mediator for compromise rather than an instigator andconflict. What sometimes beclouds alawyer’s judgment as to what is best for hisclient is his eye on the attorney’s fees whichare often considerably less when the causeis amicably settled. The problem of conflictof interests must be resolved against self-interest. (Agpalo)

A lawyer should be sanctioned for the misuse of legal remedies and prostituting the judicialprocess to thwart the satisfaction of a judgmentto the prejudice of others. The lawyer abetted hisclient in using the courts to subvert the veryends of justice by instigating controversy andconflict although the client's cause is withoutmerit. It is every duty of a counsel to advise hisclient on the merit of his case. A lawyer must

resist the whims and caprices of his clients, andtemper his client’s propensity to litigate.(Castaneda v. Ago, 65 SCRA 505 (1975) )

Canon 2

A lawyer shall make his legal servicesavailable in an efficient and convenientmanner compatible with theindependence, integrity andeffectiveness of the profession.

Rule 2.01 - A lawyer shall not reject, except for

valid reasons, the cause of the defenseless or the oppressed.

LEGAL AID IS NOT A MATTER OF CHARITY. Itis a means for the correction of socialimbalance that may and often do lead toinjustice, for which reason it is a publicresponsibility of the Bar. The spirit of publicservice should, therefore, underlie all legal aidoffices. The same should be administered to






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To be entitled to the exemption hereinprovided, the litigant shall execute anaffidavit that he and his immediate family donot earn a gross income abovementioned,and they do not own any real property withthe fair value aforementioned, supported byan affidavit of a disinterested personattesting to the truth of the litigant's affidavit .The current tax declaration, if any, shall beattached to the litigant's affidavit.

Any falsity in the affidavit of litigant or disinterested person shall be sufficient cause todismiss the complaint or action or to strike outthe pleading of that party, without prejudice towhatever criminal liability may have beenincurred.”

ALGURA V. THE LOCAL GOVERNMENT UNITOF THE CITY OF NAGA G.R. NO. 150135(2006)“…the two (2) rules can stand together and are

compatible with each other. When an applicationto litigate as an indigent litigant is filed, the courtshall scrutinize the affidavits and supportingdocuments submitted by the applicant todetermine if the applicant complies with theincome and property standards prescribed in thepresent Section 19 of Rule 141…If the trial courtfinds that the applicant meets the income andproperty requirements, the authority to litigate asindigent litigant is automatically granted and thegrant is a matter of right.

However, if the trial court finds that one or bothrequirements have not been met, then it would

set a hearing to enable the applicant to provethat the applicant has "no money or propertysufficient and available for food, shelter andbasic necessities for himself and his family." Inthat hearing, the adverse party may adducecountervailing evidence to disprove the evidencepresented by the applicant; after which the trialcourt will rule on the application depending onthe evidence adduced. In addition, Section 21 of Rule 3 also provides that the adverse party maylater still contest the grant of such authority atany time before judgment is rendered by the trialcourt, possibly based on newly discoveredevidence not obtained at the time the applicationwas heard. If the court determines after hearing,that the party declared as an indigent is in fact aperson with sufficient income or property, theproper docket and other lawful fees shall beassessed and collected by the clerk of court. If payment is not made within the time fixed by thecourt, execution shall issue or the payment of prescribed fees shall be made, without prejudice

to such other sanctions as the court mayimpose.”

RULE 3 SEC. 21. Indigent party .— A party maybe authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied thatthe party is one who has no money or propertysufficient and available for food, shelter andbasic necessities for himself and his family.

Such authority shall include an exemption frompayment of docket and other lawful fees, and of transcripts of stenographic notes which the courtmay order to be furnished him. The amount of the docket and other lawful fees which theindigent was exempted from paying shall be alien on any judgment rendered in the casefavorable to the indigent, unless the courtotherwise provides.

Any adverse party may contest the grant of suchauthority at any time before judgment is

rendered by the trial court. If the court shoulddetermine after hearing that the party declaredas an indigent is in fact a person with sufficientincome or property, the proper docket and other lawful fees shall be assessed and collected bythe clerk of court. If the payment is not madewithin the time fixed by the court, execution shallissue or the payment thereof, without prejudiceto such other sanctions as the court mayimpose. (22a).

Requirements . - Every practicing lawyer isrequired to render a minimum of sixty (60) hoursof free legal aid services to indigent litigants in a

year. Said 60 hours shall be spread within aperiod of twelve (12) months, with a minimum of five (5) hours of free legal aid services eachmonth. He shall coordinate with the Clerk of Court for cases where he may render free legalaid service and shall be required to secure andobtain a certificate from the Clerk of Courtattesting to the number of hours spent renderingfree legal aid services in a case.

National Comm it tee on Legal Aid (NCLA) -(a) coordinates with the various legal aid

committees of the IBP local chapters for theproper handling and accounting of legal aidcases which practicing lawyers canrepresent.

(b) monitors the activities of the Chapter of theLegal Aid Office with respect to thecoordination with Clerks of Court on legalaid cases and the collation of certificatessubmitted by practicing lawyers.

(c) acts as the national repository of records incompliance with this Rule.




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(d) Prepares the following forms: certificate tobe issued by the Clerk of Court and formsmentioned in Section 5(e) and (g).

(e) holds in trust, manages and utilizes thecontributions and penalties that will be paidby lawyers pursuant to this Rule toeffectively carry out the provisions of thisRule. For this purpose, it shall annuallysubmit an accounting to the IBP Board of Governors.

Penalties. – A practicing lawyer shall berequired to explain why he was unable to render the minimum prescribed number of hours. If noexplanation has been given or if the NCLA findsthe explanation unsatisfactory, the NCLA shallmake a report and recommendation to the IBPBoard of Governors that the erring lawyer bedeclared a member of the IBP who is not in goodstanding. Upon approval of the NCLA’srecommendation, the IBP Board of Governorsshall declare the erring lawyer as a member notin good standing. Notice thereof shall be

furnished the erring lawyer and the IBP Chapter which submitted the lawyer’s compliance reportor the IBP Chapter where the lawyer isregistered, in case he did not submit acompliance report. The notice to the lawyer shallinclude a directive to pay Four Thousand Pesos(P4,000) penalty which shall accrue to thespecial fund for the legal aid program of the IBP.

Any lawyer who fails to comply with his dutiesunder this Rule for at least three (3) consecutiveyears shall be the subject of disciplinaryproceedings to be instituted motu proprio by theCBD.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse torender legal advice to the person concerned if only to the extent necessary to safeguard thelatter's rights.

Advice may be on what preliminary steps to takeuntil the client has secured the services of counsel.

But he shall refrain from giving legal advice if the reason for not accepting the case is thatthere involves a conflict of interest between himand a prospective client or between a presentclient and a prospective client. (Agpalo)

Rule 2.03 - A lawyer shall not do or permit to bedone any act designed primarily to solicit legalbusiness.

The legal practice is not a business. Unlike abusinessman, the lawyer has:

1) Relation to the administration of justiceinvolving sincerity, integrity and reliability asan “officer of the court”;

2) duty of public service;3) relation to clients with the highest degree of

fiduciary;4) relation to colleagues at the bar

characterized by candor, fairness andunwillingness to resort to business methodsof advertising and encroachment on their practice, or dealing directly with their clients.(Agpalo)

In relation to Rule 3.01, solicitation of any kind isprohibited; but some forms of advertisement may be allowed.

MALPRACTICEThe practice of soliciting cases at law for thepurpose of gain, either personally or throughpaid agents or brokers, constitutes malpractice. A member of the bar may be disbarred or suspended from his office as attorney by the SC

for any… malpractice…. (Rule 138, Sec. 27)Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless thecircumstances so warrant.

This prohibits the competition in the matter of charging professional fees for the purposed of attracting clients in favor of the lawyer who offerslower rates. The rule does not prohibit a lawyer from charging a reduced fee or none at all to anindigent or to a person who would have difficultypaying the fee usually charged for such services.(Agpalo)

Canon 3

A lawyer in making known his legalservices shall use only true, honest, fair,dignified and objective information or statement of facts.

Rule 3.01 - A lawyer shall not use or permit theuse of any false, fraudulent, misleading,deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services.

Summary: A lawyer shall not use falsestatement regarding his qualification or service

THE MOST WORTHY AND EFFECTIVE ADVERTISEMENT possible is the establishmentof a well-merited reputation for professionalcapacity and fidelity to trust. This cannot be




17


forced, but must be the outcome of character and conduct.

Allowable advertisement (The Exceptions toRule 3.01):o an ordinary professional cardo publication in reputable law list with brief

biographical and other informative datawhich may include:1. name

2. associates3. address4. phone numbers5. branches of law practiced6. birthday7. day admitted to the bar 8. schools and dates attended9. degrees and distinctions10. public or quasi-public offices11. posts of honor 12. legal authorships13. teaching positions14. associations

15. legal fraternities and societies16. references and regularly representedclients must be published for thatpurpose

o publication of simple announcement of opening of law firm, change of firm

o listing in telephone directory but not under designation of special branch of law

o if acting as an associate (specialising in abranch of law), may publish a brief anddignified announcement to lawyers (law list,law journal)

o if in media, those acts incidental to hispractice and not of his own initiative

o write articles for publication givinginformation upon the law (and not individualrights or advising through column/ TV.broadcast, lest such be considered indirectadvertising)

o activity of an association for the purpose of legal representation

If entering into other businesses which are notinconsistent with lawyer’s duties – it is advisablethat they be entirely separate and apart suchthat a layman could distinguish between the twofunctions.

Prohibited advertisement (Sec. 27, Canon of Professional Ethics):o Through touters of any kind whether allied

real estate firms or trust companiesadvertising to secure the drawing of deedsor wills

o Offering retainers in exchange for executorships or trusteeships to beinfluenced by the lawyer

o Furnishing or inspiring newspaper comments concerning the manner of their conduct, the magnitude of the interestsinvolved, the importance of lawyer’sposition, and all other like self-laudation

A lawyer may not properly publish his brief biographical and informative data in a dailypaper, magazine, trade journal or societyprogram in order to solicit legal business.Likewise, it is improper to advertise himself aspecialist for marriage annulments as it goesagainst the Constitution’s mandate, to value thesanctity of marriage. ( Khan v. Simbillo, 409SCRA 299 (2003) )

It is highly unethical for an attorney to advertisehis talents or skill as a merchant advertises hiswares . The law is a profession not a business.Solicitation of cases by himself or through othersis unprofessional and lowers the standards of the legal profession. ( In re Tagorda, 53 Phil 37 (1929) )

The lawyer degrades himself and his professionwho stoops to and adopts the practices of mercantilism by advertising his services or offering them to the public. Not all types of advertising are prohibited, a lawyer mayadvertise in reputable law lists, in a manner consistent with the standards of conductimposed by the canons. Likewise in the use of aname, false and misleading names areprohibited. ( Ulep v. Legal Clinic, 223 SCRA 378 (1993) )

Rule 3.02 - In the choice of a firm name, no

false, misleading or assumed name shall beused. The continued use of the name of adeceased partner is permissible provided thatthe firm indicates in all its communications thatsaid partner is deceased.

Summary: A lawyer shall not use false or misleading firm name.

GENERAL RULE 1: All partners in firm namemust be alive.

EXCEPTION: When removal of the deceasedpartner’s name disturbs the client goodwill built

through the years. The continued use of the name of a

deceased partner is permissible providedthat the firm indicates in all itscommunications that said partner isdeceased. (Agpalo)

Death of a partner does not extinguish theclient-lawyer relationship with the law firm.






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It is bad enough to have such undue publicitywhen a criminal case is being investigated, butwhen publicity and sensationalism is allowed,even encouraged, when the case is on appealand is pending consideration by the SC, it isinexcusable and abhorrent. ( Cruz v. Salva, 105 Phil 1151 (1959) )

Canon 4

A lawyer shall participate in thedevelopment of the Legal System byinitiating or supporting efforts in lawreform and in the improvement of theadministration of justice.

NOT a strict duty, but a duty nevertheless. Alawyer must NOT be confined by technicallegal questions but instead grow inknowledge and competence to make the lawsocially responsive .

A lawyer “may with propriety write articles for

publications in which he gives informationupon the law ; but he should not acceptemployment from such publications to adviseinquiries in respect to their individual rights.”

EXAMPLES:1. Present position papers or resolutions for

the introduction of pertinent bills inCongress ;

2. Submit petitions to the Supreme Court for the amendment of the Rules of Court.

3. The Misamis Oriental Chapter of the IBPpromulgating a resolution wherein itrequested the IBP’s National Committee onLegal Aid (NCLA) to ask for the exemptionfrom the payment of filing, docket and other fees of clients of the legal aid offices in thevarious IBP chapters (Re: Request Of National Committee On Legal Aid ToExempt Legal Aid Clients From PayingFiling, Docket And Other Fees, August28, 2009)

SC Resolution: Commended the MOCof the IBP and GRANTED theexemption

"We laud the Misamis Oriental Chapter of the IBP for its effort to help improvethe administration of justice, particularly,the access to justice by the poor. ItsResolution No. 24, series of 2008 in factechoes one of the noteworthyrecommendations during the Forum onIncreasing Access to Justicespearheaded by the Court last year. In

promulgating Resolution No. 24, theMisamis Oriental Chapter of the IBP haseffectively performed its duty to"participate in the development of thelegal system by initiating or supportingefforts in law reform and in theadministration of justice."

Canon 5

A lawyer shall keep abreast of legaldevelopments, participate in continuinglegal education programs, supportefforts to achieve high standards in lawschools as well as in the practicaltraining of law students and assist indisseminating the law and jurisprudence.

OBLIGATIONS1) To self for continued improvement of

knowledge2) To his profession for maintenance of high

standards of legal education3) To the public for social consciousness

BAR MATTER NO. 850 (2000)

Purpose: To ensure that lawyers throughouttheir career keep abreast with law and jurisprudence, maintain the ethics of theprofession and enhance the standards of thepractice of law

Requirement: Every three years at least 36hours of legal education activities.

Legal ethics 6 hrs

Trial and pre-trial skills 4 hrs Alternative dispute resolution 5 hrsUpdates on substantive procedurallaws and jurisprudence

9 hrs

Writing and oral advocacy 4 hrsInternational law and internationalconventions

2 hrs

Other subjects as may be prescribedby the Committee on MCLE

6 hrs

Exemptions:1. President, vice-president, cabinet members2. Members of Congress3. Chief Justice and incumbent and retired

members of the judiciary4. Chief state counsel, prosecutor and

assistant secretaries of the Department of Justice

5. Solicitor General and assistants6. Government Corporate Counsel, his

deputies and assistants7. Chairman and members of Constitutional

Commissions




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8. Ombudsman and his deputies9. Heads of government agencies exercising

quasi-judicial functions10. Incumbent deans, bar reviewers and

professors of law who have 10 year teachingexperience

11. Officers and lecturers of the PhilippineJudicial Academy

12. Governors and mayor 13. Those not in law practice (special

exemption)14. Those who have retired from the law

practice (special exemption)

Penalty: Listing as a delinquent member of theIBP

Canon 6

These canons shall apply to lawyers ingovernment services in the discharge of their tasks.

A member of the Bar who assumes publicoffice does not shed his professionalobligation. The Code was not meant to governthe conduct of private petitioners alone, but of alllawyers including those in government service.Lawyers in government are public servants whoowe the utmost fidelity to the public service.Thus they have to be more sensitive in theperformance of their professionalobligations …. A lawyer in public service is akeeper of public faith and is burdened with ahigh degree of social responsibility, perhapshigher than her brethren in private practice.(Vitriolo v. Dasig, 400 SCRA 172 (2003) )

Related statutory basis: RA 6713, Sec. 4 (A) or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Every public official and employee shall observethe following as standards of personal conduct inthe discharge and execution of official duties:1. Commitment to public interest- uphold the

public interest over and above personalinterest.

2. Professionalism - perform and dischargetheir duties with the highest degree of

excellence, professionalism, intelligence andskill3. Justness and sincerity - not discriminate

against anyone, especially the poor and theunderprivileged

4. Political neutrality - provide service toeveryone without unfair discrimination andregardless of party affiliation or preference

5. Responsiveness to the public- extendprompt, courteous, and adequate service tothe public

6. Nationalism and patriotism- be loyal to theRepublic and to the Filipino people, promotethe use of locally produced goods,resources and technology and encourageappreciation and pride of country andpeople.

7. Commitment to democracy- committhemselves to the democratic way of life andvalues, maintain the principle of publicaccountability, and manifest by deeds thesupremacy of civilian authority over themilitary.

8. Simple living- lead modest livesappropriate to their positions and income

Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convictbut to see that justice is done. The suppressionof facts or the concealment of witnesses capableof establishing the innocence of the accused is

highly reprehensible and is cause for disciplinaryaction.

It is upon the discretion of the prosecutor todecide what charge to file upon proper appreciation of facts and evidences. Fiscals arenot precluded from exercising their sounddiscretion in investigation. His primary duty isnot to convict but to see that justice isserved. (People v. Pineda, 20 SCRA 748 (1967) )

Rule 6.02 - A lawyer in government service shallnot use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties.

Just as the Code of Conduct and EthicalStandards for Public Officials requires publicofficials and employees to process documentsand papers expeditiously (Sec. 5, subpars. [c]and [d] and prohibits them from directly or indirectly having a financial or material interest inany transaction requiring the approval of their office, and likewise bars them from soliciting giftsor anything of monetary value in the course of any transaction which may be affected by the

functions of their office… (Collantes vs Romeren200 SCRA 584 (1991))

We begin with the veritable fact that lawyers ingovernment service in the discharge of their official task have more restrictions than lawyersin private practice. Want of moral integrity is tobe more severely condemned in a lawyer whoholds a responsible public office…




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It bears stressing also that government lawyerswho are public servants owe fidelity to the publicservice, a public trust. As such, governmentlawyers should be more sensitive to their professional obligations as their disreputableconduct is more likely to be magnified in thepublic eye. (Huyssen vs Gutierrez 485 SCRA244 (2006))

Respondent in his future actuations as amember of the bar, should refrain from layinghimself open to such doubts and misgivings asto his fitness for the position he occupies butalso for membership in the bar. Fitness as tothe membership to the legal professionincludes keeping his honor unsullied.(Misamin v. San Juan, 72 SCRA 491 (1976) )

Rule 6.03 - A lawyer shall not, after leavinggovernment service, accept engagement or employment in connection with any matter inwhich he had intervened while in said service.

How a Government Lawyer Leaves GovernmentService:

retirement resignation expiration of the term of office dismissal abandonment

GENERAL RULE: Practice of profession allowedimmediately after leaving public service

EXCEPTIONS: If lawyer had connection withany matter during his term, subject toa) One year prohibition if he had not intervenedb) Permanent prohibition if he had intervened

One Year Prohibition

Statutory BasisRA 3019 or the Anti-Graft and Corrupt Practices Act. Sec. 3(d) - Corrupt practices of any public officer include:(d) Accepting or having any member of his

family accept employment in a privateenterprise which has pending officialbusiness with him during the pendencythereof or within one year after itstermination.

RA 6713 or the Code of Conduct and EthicalStandards for Public Officials and Employees.Sec. 7(b) - Outside employment and other activities. Public officials and employees duringtheir incumbency shall not:o Own, control, manage or accept

employment as officer employee, consultant,counsel, broker, agent, trustee or nominee /in any private enterprise regulated,

supervised or licensed by their office /unless expressly allowed by law;

o Engage in the private practice of their profession unless authorized by theConstitution or law, provided that suchpractice will not conflict or tend to conflictwith their official functions;

o Recommend any person to any position in aprivate enterprise which has a regular or pending official transaction with their office.

These prohibitions shall continue to apply for aperiod of one year after resignation, retirementor separation from public office, except in caseof subparagraph (2) above, but the professionalconcerned cannot practice his profession inconnection with any matter before the office heused to be with, in which case the one year prohibition shall likewise apply.

Relative Prohibition

On retired judges and justices

Statutory BasisRA 910 or the special law on retirement of justices and judges, Sec. 1. No retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving saidpension shall appear as counsel in any court inany civil case whereo the government or any of its subdivisions or

instrumentalities is an adverse partyo in a criminal case, where an officer or

employee of the government is accused of an offense related to his official function

o in any administrative proceeding, cannot

collect any fee for his appearance tomaintain an interest adverse to thegovernment

Permanent Prohibitions

On any government employeeNo government employee, official, or officer mayaccept engagement or employment inconnection with matter he had intervened in.Intervention includes any act of a person whichhas the power to influence the subjectproceedings. (Agpalo)

The “matter” contemplated in this rule are thosethat are adverse-interest conflicts (substantialrelatedness and adversity between thegovernment matter and the new client’ matter ininterest) and congruent-interestrepresentation conflicts , while the“intervention” should be significant andsubstantial which can or have affected theinterest of others. ( PCGG v. Sandiganbayan,455 SCRA 526 (2005) )




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On members of the legislature1987 Constitution, Art. VI, Sec. 13. No member of legislature may accept an appointment in anoffice which he created or increasedemoluments thereof.

III. Lawyer’s Duties to the LegalProfession

Canon 7

A Lawyer shall at all times uphold theintegrity and DIgnity of the legalprofession and support the activities of the integrated bar.

In connection to Canon 7, the purposes of theIntegrated Bar of the Philippines are:(1) to assist in the administration of justice by

being available and prepared to render legalservices;

(2) to elevate the standards of the legalprofession through the MandatoryContinuing Legal Education (MCLE)program and;

(3) to enable the Bar to discharge its publicresponsibility more effectively by renderingpublic service and assistance in theadministration of justice. Consequently, theBar is also reminded of its only duty to theIBP: the regular payment of membershipdues.

Relevant cases: In re 1989 Elections of the IBP , 178 SCRA

398 (1989) Santos v. Llamas , 322 SCRA 529 (2000) Letter of Atty. Cecilio Arevalo , 458 SCRA

209 (2005) Foodsphere v. Mauricio , A.C. No. 7199 (22

July 2009)See also: Republic Act No. 6397 (Integration of the Bar of the Philippines)

Rule 7.01 – A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection withhis application for admission to the bar.

A lawyer must be a disciple of truth. He sworeupon his admission to the Bar that he will “do nofalsehood nor consent to the doing of any incourt” and he shall “conduct himself as a lawyer according to the best of his knowledge anddiscretion with all good fidelity as well to thecourts as to his clients.” He should bear in mindthat as an officer of the court his high vocation isto correctly inform the court upon the law and

the facts of the case and to aid it in doing justiceand arriving at correct conclusion. The courts, onthe other hand, are entitled to expect onlycomplete honesty from lawyers appearing andpleading before them. While a lawyer has thesolemn duty to defend his client’s rights and isexpected to display the utmost zeal in defense of his client’s cause, his conduct must never be atthe expense of truth.

The Court may disbar or suspend a lawyer for misconduct, whether in his professional or private capacity, which shows him to be wantingin moral character, in honesty, probity, and gooddemeanor, thus proving unworthy to continue asan officer of the court.

Evidently, respondent lawyers fell short of theduties and responsibilities expected from themas members of the bar. Anticipating that their Motion for Bail will be denied by the court if itfound that it had no jurisdiction over the personof the accused, they craftily concealed the truthby alleging that accused had voluntarilysurrendered to a person in authority and wasunder detention. Obviously, such artifice was adeliberate ruse to mislead the court and therebycontribute to injustice. To knowingly allege anuntrue statement of fact in the pleading is acontemptuous conduct that we stronglycondemn. They violated their oath when theyresorted to deception. ( Young v. Batuegas, 403SCRA 123 [2003]).

Rule 7.02 – A lawyer shall not support theapplication for admission to the bar of anyperson known by him to be unqualified in

respect to character, education or other equivalent attribute

Aside from this, a lawyer should also volunteer information or cooperate in any investigationconcerning alleged anomaly in the bar examination so that those candidates who failedtherein can be ferreted out and those lawyersresponsible therefor can be disbarred. ( In reParazo , 82 Phil. 230 [1948]).

Rule 7.03 – A lawyer shall not engage inconduct hat adversely reflects on his fitness topractice law, nor shall he, whether in public or private life, behave in a scandalous manner tothe discredit of the legal profession.

Zaguirre v. Casti l lo , 398 SCRA 659 [2003]:Siring a child with a woman other than his wife isa conduct way below the standards of moralityrequired of every lawyer.

Moreover, the attempt of respondent to renegeon his notarized statement recognizing and




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undertaking to support his child by Carmelitademonstrates a certain unscrupulousness on hispart which is highly censurable, unbecoming amember of a noble profession, tantamount toself-stultification.

This Court has repeatedly held:"as officers of the court, lawyers must notonly in fact be of good moral character butmust also be seen to be of good moralcharacter and leading lives in accordancewith the highest moral standards of thecommunity. More specifically, a member of the Bar and officer of the court is not onlyrequired to refrain from adulterousrelationships or the keeping of mistressesbut must also so behave himself as to avoidscandalizing the public by creating the belief that he is flouting those moral standards."

While respondent does not deny having anextra-marital affair with complainant he seeksunderstanding from the Court, pointing out that"men by nature are polygamous," and that whathappened between them was "nothing butmutual lust and desire." The Court is notconvinced. In fact, it is appalled at thereprehensible, amoral attitude of the respondent.

Tapucar v. Tapucar , 293 SCRA 331 [1998]: As this Court often reminds members of the Bar,they must live up to the standards and normsexpected of the legal profession, by upholdingthe ideals and tenets embodied in the Code of Professional Responsibility always. Lawyersmust maintain a high standard of legalproficiency, as well as morality includinghonesty, integrity and fair dealing. For they areat all times subject to the scrutinizing eye of public opinion and community approbation.Needless to state, those whose conduct — bothpublic and private — fails this scrutiny wouldhave to be disciplined and, after appropriateproceedings, penalized accordingly.

Moreover, it should be recalled that respondenthere was once a member of the judiciary, a factthat aggravates his professional infractions. For having occupied that place of honor in theBench, he knew a judge's actuations ought to be

free from any appearance of impropriety. For a judge is the visible representation of the law and,more importantly, of justice. Ordinary citizensconsider him as a source of strength that fortifiestheir will to obey the law. Indeed, a judge shouldavoid the slightest infraction of the law in all of his actuations, lest it be a demoralizing exampleto others. Surely, respondent could not haveforgotten the Code of Judicial Conduct entirelyas to lose its moral imperatives.

Like a judge who is held to a high standard of integrity and ethical conduct, an attorney-at-lawis also invested with public trust. Judges andlawyers serve in the administration of justice. Admittedly, as officers of the court, lawyers mustensure the faith and confidence of the public that justice is administered with dignity and civility. Ahigh degree of moral integrity is expected of alawyer in the community where he resides. Hemust maintain due regard for public decency inan orderly society.

A lawyer is expected at all times to uphold theintegrity and dignity of the legal profession byfaithfully performing his duties to society, to thebar, to the courts and to his clients. Exactedfrom him, as a member of the professioncharged with the responsibility to stand as ashield in the defense of what is right, are suchpositive qualities of decency, truthfulness andresponsibility that have been compendiouslydescribed as "moral character." To achieve suchend, every lawyer needs to strive at all times tohonor and maintain the dignity of his profession,and thus improve not only the public regard for the Bar but also the administration of justice.

On these considerations, the Court may disbar or suspend a lawyer for misconduct, whether inhis professional or private capacity, which showshim to be wanting in moral character, in honesty,probity, and good demeanor, thus provingunworthy to continue as an officer of the court.

Canon 8

A lawyer shall conduct himself withcourtesy, fairness and candor towardshis professional colleagues, and shallavoid harassing tactics against opposingcounsel.

Observance of honorable, candid andcourteous dealings with other lawyers andfidelity to known and recognized customsand practices of the bar that make thepractice of law a profession are among theobligations of a lawyer.

Candor, fairness and truthfulness shouldcharacterize the conduct of a lawyer withother lawyers.

A lawyer’s duty is to restrain client fromimproprieties and to terminate relation withhim/her should the latter persist.

A lawyer should not avoid performance of anagreement fairly made because it is notreduced to writing. He should not takeadvantage of the excusable unpreparedness




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or absence of counsel during the trial of acase. Nor should he make use, to his or tohis client’s benefit, the secrets of theadverse party acquired thru design or inadvertence.

A lawyer who thinks a case is weak may notcriticize the lawyer who accepts it, muchless should he attribute to him/her evilmotive for taking up the client’s cause. Suchaction is not only immaterial but betrays lackof understanding of atty’s duties to client.

Although respect and confidence is due toevery colleague, it is not improper for alawyer to honor the just claim of a laymanagainst another lawyer because such act isa mere honest effort to serve the interest of his/her client.

Camacho v. Pagulayan et al (A.C. No. 4807,March 22, 2000)F: The counsel [our very own Prof. ManuelCamacho] of expelled AMA students filed thiscomplaint against the lawyers comprising thePagulayan and Associates Law Office for procuring without his knowledge compromiseagreements during the civil case involving thestudents and the school. The agreementsrequired the students to waive all kinds of claimsthey might have against AMA and to terminateall civil, criminal and administrative proceedingsfiled against it. The students also wrote letters of apology. Atty. Pangulayan admits that only heparticipated in the formulation and execution of the various Re-Admission Agreementscomplained of. He alleges however that theagreements had nothing to do with the civil case

but were purely administrative. The SCsuspended Atty. Pangulayan from the practice of law for three months.

H: The IBP found that Atty. Pangulayan wasaware that when the letters of apology and Re- Admission Agreements were formalized, thecomplainant was already the counsel for thestudents in the civil case but that he stillproceeded to negotiate with the students andtheir parents without at the very leastcommunicating the matter to their lawyer. Hisfailure is an inexcusable violation of the canonsof professional ethics and an utter disregard of aduty owing to a colleague. His defense that theagreements were purely administrative does nothold because the manifestation stated that thestudents shall drop all civil, criminal andadministrative proceedings against AMA.

Rule 8.01. – A lawyer shall not, in professionaldealings, use language which is abusive,offensive or otherwise improper.

“Do as adversaries do in law: strive mightilybut eat and drink as friends” shouldcharacterize the relationship betweenopposing counsel in a case. Whatever ill-feelings between clients should not influencecounsel in their conduct and demeanor toward each other.

The fact that one of the lawyers conductshim/herself improperly does not relieve theother from professional obligation in hisrelation with him/her.

The highest reward that can come to alawyer is the esteem of his/her brethren. It iswon in unique conditions and is a tribute toexceptional power controlled by conscienceand a sense of public duty—to a knightlybearing and valor in the hottest of encounters.

Reyes vs. Chiong, Jr., 405 SCRA 212 (2003)F: Atty. Chiong impleaded Atty. Reyes andProsecutor Salanga in a civil complaint as aresponse to an estafa case filed against the

former’s client. Atty. Reyes, claiming that the suitwas baseless, filed the present disbarment caseagainst Atty. Chiong. The IBP recommendedthat Atty. Chiong be suspended for 2 years, thereason being collection suit with damages hadbeen filed purposely to obtain leverage againstthe estafa case as there was no ground toimplead the Atty. Reyes and Prosecutor Salanga.

H: Atty. Chion is suspended for 2 years. Heshould have pursued proper procedural andadministrative remedies. The filing of the civilcase had no justification. Mutual bickering,unjustified recriminations and offensive behavior among lawyers not only detract from the dignityof the legal profession, but also constitute highlyunprofessional conduct subject to disciplinaryaction. Any undue ill-feeling between clientsshould not influence counsels in their conductand demeanor toward each other. While lawyersowe entire devotion to the interest of their clients, their office does not permit violation of the laws or any manner of fraud or chicanery.

Rule 8.02. – A lawyer shall not, directly or indirectly, encroach upon the professional

employment of another lawyer; however, it is theright of any lawyer, without fear or favor, to giveproper advice and assistance to those seekingrelief against unfaithful or neglectful counsel.

A lawyer should not steal the other lawyer’sclient nor induce the latter to retain him bypromise of better service, good result or reduced fees for his services. Neither shouldhe disparage another, make comparisons or




25


publicize his talent as a means to further hislaw practice.

He may accept employment to handle amatter previously handled by another lawyer, provided that the other lawyer hasbeen given notice of termination of service.Without such notice, he shall only appear once he has obtained conformity or has, atthe very least, given sufficient notice of contemplated substitution. A lawyer’sappearance in the case without notice to thefirst lawyer amounts to an improper encroachment upon the professionalemployment of the original counsel.

The purpose is for the original lawyer toassert his/her right but the latter cannotinsist that the new lawyer refuseemployment in the matter merely becausehe claims the termination of his services is abreach of contract. To do so would be todeny litigant of the right to be represented atall times of his counsel of choice.

A lawyer should not, in the absence of theadverse party’s counsel, interview theadverse party and question him as to thefacts of the case even if the adverse partywas willing to do so. Neither should hesanction the attempt of his client to settle alitigated matter with the adverse partywithout the consent nor knowledge of thelatter’s counsel. (cf. Canon 9)

A client’s proffer of assistance of additionalcounsel should not be regarded as evidenceof want of confidence but the matter shouldbe left to the determination of the client. The2nd lawyer should communicate with the 1 st

before making an appearance. Should the1 st lawyer object, he should declineassociation but if the 1 st lawyer is relieved,he may come into the case.

When there is conflict of opinions betweentwo lawyers jointly associated in a case, theclient should decide. The decision should beaccepted unless the nature of the differencemakes it impracticable for the lawyer whose judgment has been overruled to cooperateeffectively. In this event, it is his/her duty toask client to relieve him/her.

Laput v. Remotigue A.M. No. 219 (1962)F: The SC dismissed the charges of Atty. Laputthat the respondents nursed the desire of hisformer client to replace him.

H: The solicitor general found that beforerespondents filed their appearance, the clienthad already filed with the court a pleadingdischarging the complainant. The fact thatcomplainant was not able to get a copy was not

the fault of respondents. Also, it was found thatMrs. Barrera dismissed complainant as lawyer because she no longer trusted him because shefound out that some checks were sent to thecomplainant instead of her and that severalwithdrawals were made by complainant in her account without her permission.

There is no irregularity in the appearance of respondents as counsel. Complainants’withdrawal and his filing of a motion for thepayment of his attorney’s fees estop him fromnow complaining that the appearance of respondent Patlinghug is unprofessional. As for the respondents, they only entered their appearance after Mrs. Barrera had dispensed of the complainant’s services and after thepetitioner had voluntarily withdrawn.

Canon 9

A lawyer shall not, directly or indirectly,assist in the unauthorized practice of

law.Unauthorized Practice of Law (def):

Aguirre v. Rana 403 SCRA 342 (2003)Rana engaged in the unauthorized practice of law by appearing as counsel even before he hadtaken his lawyer’s oath.“Passing the bar is not the only qualification tobecome an attorney-at-law. Two essentialrequisites for becoming a lawyer still had to beperformed, namely: his lawyer’s oath to beadministered by this Court and his signature inthe Roll of Attorneys.”

Alawi v. Alauya 268 SCRA 639 (1997) Alauya used the title Atty. in his name eventhough he is a Shari’a lawyer.“Persons who pass the Shari’a Bar are not full-fledged members of the Philippine Bar. Whileone who has passed Shari’a Bar and one whopassed the Philippine Bar may both beconsidered as ‘counselors’, only the latter is an‘attorney’—a title reserved to those who havebeen admitted to the IBP and remain membersthereof in good standing. His reasoning—that itis mistaken to councilor—does not warrant hisuse of the title of attorney.”

The practice of law is not limited to theconduct of cases in court. It includes legaladvice and counseling, and the preparation of legal instruments and contracts by which legalrights are secured, which may or may not bepending in court. ( Ulep v. Legal Clinic, Inc., 223SCRA 378 (1993) )




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The phrase “practice of law” implies customarilyor habitually holding oneself out to the public, asa lawyer, for compensation as source of livelihood or in consideration of his office.(People v. Villanueva, 14 SCRA 109 (1965) )

Any person who has been duly licensed as amember of the bar in accordance with thestatutory requirements and who is in good andregular standing is entitled to practice law. ( Rule138, Sec. 1, Rules of Court )

Merely passing the bar does not allow one toengage in the practice of law. Dispensing legaladvice and signing of pleadings prior to takingthe lawyer’s oath constitutes an unauthorizedpractice of law. It is the signing of the roll of attorneys that makes one a full-pledgedlawyer. To practice law sans any authorityshows a moral unfitness to be a member of thePhilippine Bar. ( Aguirre v. Rana, 403 SCRA 342 (2003) )

Lawyers in government service areprohibited to engage, during their incumbency thereof, in the private practice of their profession unless authorized by theconstitution or law and provided that suchpractice will not conflict or tend to conflict withtheir official functions. Private practice doesnot pertain to an isolated court appearance.It refers to a success ion o f ac t s o f t he same na tu re o f hab itua lly o r cus tomari ly ho ld ing one ’s se lf t o the pub l i c a s a l awyer. (OCA v.Ladaga, 350 SCRA 326 )

NOTE: Private practice does not pertain to an

isolated court appearance; rather, itcontemplates a succession of acts of the samenature habitually or customarily holding one’sself to the public as a lawyer. Thus, pro-bonoappearances may be allowed by the Court inspecial instances.

An individual litigant in a civil case has a right toconduct his litigation personally. ( Rule 138, Sec.34, Rules of Court ) He may not be heard tocomplain later that he has been deprived of theright to the assistance of counsel. ( People v. SinBen, 98 Phil. 138 (1955) )

An attorney who is otherwise disqualified topractice law, or has been disbarred or suspended from practice, can validly prosecuteor defend his own litigation, he having as muchright as that of a layman in that regard. ( Danforthv. Egan, 23 SD 43, 119 NW 1920 )

Rule 9.01 - A lawyer shall not delegate to anyunqualified person the performance of any task

which by law may only be performed by amember of the bar in good standing.

A lawyer is prohibited from taking as partner or associate any person who is notauthorized to practice law – to appear incourt or to sign pleadings.

A lawyer, who is under suspension from practiceof law is not a member of the Bar in good

standing. A lawyer whose authority to practicehas been withdrawn due to a change incitizenship or allegiance to the country cannotappear before the courts. ( Guballa v. Caguioa,78 SCRA 302 )

Thus, he should not delegate to a layman anywork which involves the application of law, suchas the computation and determination of theperiod within which to appeal an adverse judgment ( Eco v. Rodriguez, 107 Phil. 612 (1960) ), the examination of witnesses or thepresentation of evidence ( Robinson v.Villafuerte, 18 Phil 121 (1911) ), because theseinvolve the practice of law which may beundertaken only by a lawyer.

Rule 9.02 - A lawyer shall not divide or stipulateto di”vide a fee for legal services with personsnot licensed to practice law, except:a) Where there is a pre-existing agreement

with a partner or associate that, upon thelatter's death, money shall be paid over areasonable period of time to his estate or topersons specified in the agreement

b) Where a lawyer undertakes to completeunfinished legal business of a deceased

lawyer; or c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan evenif the plan is based in whole or in part, on aprofit sharing agreement.

An agreement between a union lawyer and alayman president of the union to divide equallythe attorney’s fees that may be awarded in alabor case violates the rule and is illegal andimmoral. ( Amalgamated Laborers Assn. v. CIR.22 SCRA 1266 (1968) )

Similarly, a contract between a lawyer and a

layman granting the latter a percentage of thefees collected from clients secured by thelayman and enjoining the lawyer not to dealdirectly with said clients is null and void, and thelawyer may be disciplined for unethical conduct.(Tan Tek Beng v. David. 128 SCRA 389 (1983) )

A donation by a lawyer to a labor union of part of his attorney’s fees taken from the proceeds of a judgment secured by him for the labor union is






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Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeatthe ends of justice.

Related statutory basis: Rule 138, Sec. 20(d)Duties of attorneys . It is the duty of an attorney(d) to employ, for the purpose of maintaining the

causes confided to him, such means only asare consistent with truth and honor, and

never seek to mislead the judge or any judicial officer by an artifice or falsestatement of fact of law.

Procedural rules are instruments in thespeedy and efficient administration of justice. They should be used to achieve suchend and not to derail it. Thus, the filing of multiple petitions regarding the same subjectmatter constitutes abuse of the court’sprocesses and improper conduct that tends toobstruct and degrade the administration of justice.( Agpalo )

A lawyer should not abuse his right of recourseto the courts for the purpose of arguing a causethat had been repeatedly rebuffed. For while heowes fidelity to the cause of his client, itshould not be at the expense of truth and theadministration of justice. (Garcia v. Francisco,65 SCAD 179, 220 SCRA 512 (1993) ) Courtsmust guard themselves against any scheme todeprive the winning party of the fruits of theverdict, for courts are constituted to put an endto controversies and they should frown upon anyattempt to prolong them.( Gomez v. Presiding Judge, 65 SCAD 179, 249 SCRA 432 (1995) )

Canon 11

A lawyer shall observe and maintain therespect due to the courts and judicialofficers and should insist on similar conduct by others.

“The Supreme Court of the Philippines is, under the Constitution, the last bulwark to which theFilipino people may resort to obtain relief for their grievances or protection of their rights. If the people lose their confidence in the honesty

and integrity of the members of the Court andbelieve that they cannot expect justicetherefrom, they might be driven to take the lawinto their own hands, and disorder and perhapschaos might be the result. Lawyers are dutybound to uphold the dignity and authority of theCourt to promote the administration of justice.Moreover, respect to the courts guarantees thestability of other institutions. (In re Sotto 82 Phil595 (1949))”

Observing respect due to the courts mean that alawyer should1. Conduct himself toward judges with courtesy

everyone is entitled to expect (Paragas vCruz)

2. With the propriety and dignity required bythe courts (Salcedo v Hernandez).

Rule 11.01 - A lawyer shall appear in court

properly attired.

Respect begins with the lawyer’s outwardphysical appearance in court. Sloppy or informalattire adversely reflects on the lawyer anddemeans the dignity and solemnity of courtproceedings. (Agpalo)

TRADITIONAL ATTIRES:Males: Long-sleeve Barong Tagalog or coat andtieFemales: Semi-formal attires.Judges also appear in the same attire in additionto black robes.

Courts have ordered a male attorney to wear anecktie and have prohibited a female attorneyfrom wearing a hat. However, the permission of a dress with a hemline five inches above theknee was held to be acceptable as such “hadbecome an accepted mode of dress even inplaces of worship.” (Aguirre)

A lawyer who dresses improperly may be citedwith contempt (Agpalo).

Rule 11.02 - A lawyer shall punctually appear atcourt hearings.

Inexcusable absence from, or repeatedtardiness in, attending a pre-trial or hearing maysubject the lawyer to disciplinary action as hisactions show disrespect to the court and aretherefore considered contemptuous behavior.(Agpalo)

Non-appearance at hearings on the ground thatthe issue to be heard has become moot andacademic [prisoner has been released in apetition for habeas corpus] is a lapse in judicialpropriety. ( De Gracia v. Warden of Makati, G.R.No. L-42032, January 9, 1976 )

Rule 11.03 - A lawyer shall abstain fromscandalous, offensive or menacing language or behavior before the courts.

The language of a lawyer, both oral and written,must be respectful and restrained in keepingwith the dignity of the legal profession, graciousto both the courts and to the opposing counsel.The use of abusive language by counsel




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against the opposing counsel constitutes atthe same time a disrespect to the dignity of the court justice. Moreover, the use of impassioned language in pleadings , more oftenthan not, creates more heat than light.(Buenaseda v. Flavier, 226 SCRA 645 (1993) )

Lawyers may use strong language to drive homea point; they have a right to be in pursuing aclient’s cause (The British Co. v De Los Angeles(1975)).

Lawyers have the right to expose theshortcomings and indiscretion of the courts and judges, but it must be exercised in properlyrespectful terms and only through legitimatechannels. They cannot resort to scurrilousremarks that have the tendency to degradethe courts and destroy the public confidencein them. (In re Almacen, 31 SCRA 562 )

The Court does not close itself to comments andcriticisms so long as they are fair anddignified. Going beyond the limits of fair comments by using insulting, disparaging and,intemperate language necessitates and warrantsa rebuke from the Court. While it is expected of lawyers to advocate their client’s cause, they arenot at liberty to resort to arrogance, intimidationand innuendo. ( Sangalang v. IAC, 177 SCRA87 )

Rule 11.04 - A lawyer shall not attribute to aJudge motives not supported by the record or have no materiality to the case.

The rule allows such criticism so long as it issupported by the record or it is material to thecase. A lawyer’s right to criticize the acts of courts and judges in a proper and respectfulway and through legitimate channels is wellrecognized. The cardinal condition of all suchcriticism is that it shall be bona fide, and shallnot spill over the wall of decency and propriety.(Agpalo)

The court will not hesitate to sanction personswho recklessly and nonchalantly impute illmotives that are nothing but unfoundedspeculations. Any serious accusation againsta judicial officer that is utterly baseless,

unsubstantiated and unjustified shall not becountenanced. (Go v. Abrogar, 485 SCRA 457 )

Rule 11.05 - A lawyer shall submit grievancesagainst a Judge to the proper authorities only.

Statutory basis: 1987 Constitution, Art. VIII, Sec.6. The Supreme Court shall have administrativesupervision over all courts and the personnelthereof.

The duty to respect does not preclude a lawyer from filing administrative complaints againsterring judges, or from acting as counsel for clients who have legitimate grievances againstthem.

The lawyer shall not file an administrative caseuntil he has exhausted judicial remedies whichresult in a finding that the judge has gravely

erred. (Agpalo)Where a criminal complaint against a judge or other court employees arises from their administrative duties, the Ombudsman mustdefer action on said complaint and refer thesame to the SC for determination whether said judges or court employees acted within thescope of their administrative duties. Otherwise,in the absence of any administrative action,the investigation being conducted by theOmbudsman encroaches into the Court’spower of administrative supervision over allcourts and its personnel, in violation of thedoctrine of separation of powers. (Maceda v.Vasquez, 221 SCRA 464 (1993) )

Use of disrespectful or contemptuous languageagainst a particular judge in pleadings presentedin another court or proceeding is indirect, notdirect, contempt as it is not tantamount to amisbehavior in the presence of or so near acourt or judge as to interrupt the administrationof justice (Ang v Castro, 136 SCRA 453 (May15, 1985))

Canon 12

A lawyer shall exert every effort andconsider it his duty to assist in thespeedy and efficient administration of justice.

Statutory basis: 1987 Constitution, Art. III, Sec 6. All persons shall have the right to a speedydisposition of their cases before all judicial,quasi-judicial, or administrative bodies.

Rule 138, Sec 20(g). Duties of attorneys . – It isthe duty of an attorney…g) not to encourage either the commencementor the continuance of an action or proceeding, or delay any man’s cause, from any corrupt motiveor interest.

Rule 12.01 - A lawyer shall not appear for trialunless he has adequately prepared himself onthe law and the facts of his case, the evidencehe will adduce.




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Without adequate preparation, the lawyer maynot be able to effectively assist the court in theefficient administration of justice. Non-observance of this rule might result in:o The postponement of the pre-trial or

hearing, which would thus entail delay in theearly disposition of the case

o The judge may consider the client non-suited or in default

o The judge may consider the case deemedsubmitted for decision without client’sevidence, to his prejudice. (Agpalo)

Half of the work of the lawyer is done in theoffice. It is spent in the study and research.Inadequate preparation obstructs theadministration of justice. (Martin’s Legal Ethics,p. 47, 1988 ed.)

A newly hired counsel who appears in a case inthe midstream is presumed and obliged toacquaint himself with all the antecedentprocesses and proceedings that have transpired

in the record prior to his takeover. ( Villasis v.Court of Appeals, 60 SCRA 120 )

Rule 12.02 - A lawyer shall not file multipleactions arising from the same cause.

RATIONALE:There is an affirmative duty of a lawyer to checkagainst useless litigations. His signature inevery pleading constitutes a certificate byhim that to the best of his knowledge there isa good ground to support it and that it is notto interpose for delay. The willful violation of this rule may subject him to (1) appropriate

disciplinary action or (2) render him liable for thecosts of litigation. (Agpalo)

While a lawyer owes entire devotion to theinterest of his client and zeal in the defense of his client’s rights, he should not forget that he isan officer of the court, bound to assist in thespeedy and efficient administration of justice.(Agpalo)

The reason is that a lawyer not only owes to hisclient the duty of fidelity but, more important, heowes the duty of good faith and honorabledealing to the judicial tribunal before which he

practices his profession. (Agpalo)

Escessive delay causes:1. hardships2. may force parties into unfair settlement3. nurture a sense of injustice and breed

cynicism about the administration of justice

FORUM SHOPPING1. Going from one court to another in the hope

of securing a favorable relief in one court,which another court has denied

2. Filing repetitious suits or proceeding indifferent courts concerning the same subjectmatter after one court has decided the suitwith f inality.

3. Filing a similar case in a judicial court after receiving an unfavorable judgment from anadministrative tribunal.

Forum shopping is prohibited by Supreme CourtCircular No. 28-91, which is now integrated inthe Rules of Civil Procedure.

RULES OF COURT, RULE 7, SEC. 5:The plaintiff or principal party shall certify under oath in the complaining or other initiatorypleading asserting a claim for relief, or in asworn certification annexed thereto andsimultaneously filed therewith that:

1. he has not theretofore commenced anyaction or filed any claim involving the sameissues in any court, tribunal or quasi-judicialagency and, to the best of his knowledge, nosuch other action or claim is pendingtherein; if there is such other pending actionor claim, a complete statement of thepresent status thereof; and

2. if he should thereafter learn that the same or similar action or claim has been filed or ispending, he shall report that fact within fivedays there from to the court wherein hisaforesaid complaint or initiatory pleading has

been filed.Failure to comply with the foregoingrequirements shall not be curable by mereamendment of the complaint or other initiatorypleading but shall cause for the dismissal of thecase without prejudice, unless otherwiseprovided, upon motion after hearing.

The submission of a false certification or non-compliance with any of the undertakings in acertification of no forum shopping -1) shall constitute indirect contempt of court2) without prejudice to the corresponding

administrative and criminal actionsIf the acts of the party or his counsel clearlyconstitute willful and deliberate forum shopping,the same shall be:1) ground for summary dismissal with

prejudice;2) and shall constitute direct contempt;3) cause for administrative sanctions






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(a) on formal matters, such as the mailing,authentication or custody of an instrument,and the like; or

(b) on substantial matters, in cases where histestimony is essential to the ends of justice,in which event he must, dur ing histestimony, entrust the trial of the case toanother counsel.

RATIONALE:The underlying reason for the impropriety of a lawyer acting in such dual capacity lies inthe difference between the function of awitness and that of an advocate.

function of a witness- to tell the facts as herecalls then in answer to questions

function of an advocate- is that of a partisanIt is difficult to distinguish between the zeal of anadvocate and the fairness and impartiality of adisinterested witness. The lawyer will find it hardto disassociate his relation to his client as anattorney and his relation to the party as awitness. (Agpalo)

Canon 19 of the Code of Legal Ethics providesthat “when a lawyer is a witness for his client,except as to merely formal matters. Such as theattestation or custody of an instrument and thelike, 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 courtin behalf of his client.” ( PNB v. Uy Teng Piao, 57 Phil 337 (1932) )

Canon 13

A lawyer shall rely upon the merits of hiscause and refrain from any improprietywhich tends to influence, or gives theappearance of influencing the court.

Rule 13.01 - A lawyer shall not extendextraordinary attention or hospitality to, nor seekopportunity for cultivating familiarity with Judges.

Related statutory basis: Code of ProfessionalEthics, Canon 3. A lawyer should avoid markedattention and unusual hospitality to a judge,uncalled for by the personal relations of theparties, because they subject him and the judgeto misconceptions of motives.

Report of IBP Committee, p. 70. In order not tosubject both the judge and the lawyer tosuspicion, the common practice of somelawyers of making judges and prosecutorsgodfathers of their children to enhance their influence and their law practice should beavoided by judges and lawyers alike.

It is improper for a litigant or counsel to see a judge in chambers and talk to him about amatter related to the case pending in the court of said judge. ( Austria v. Masaquel, 20 SCRA1247(1967) )

Nestle Phil. v. Sanchez 154 SCRA 542 (1987)Courts and juries, in the decision of issues of fact and law should be immune from everyextraneous influence; that facts should bedecided upon evidence produced in court; andthat the determination of such facts should beuninfluenced by bias, prejudice or sympathies..The court will not hesitate in the future to applythe full force of the law and punish for contemptthose who attempt to pressure the court intoacting one way or the other in any case pendingbefore it. Grievances should be aired alongproper channels.

In re de Vera 385 SCRA 285 (2003)Sec. 5, Art. 8 of the 1987 Constitution conferspower to SC to supervise all activities of the IBP.The IBP by-laws also recognize the full range of the power of supervision of the SC over the IBP.

Rule 13.02 - A lawyer shall not make publicstatements in the media regarding a pendingcase tending to arouse public opinion for or against a party.

RATIONALE:Newspaper publications regarding a pending or anticipated litigation may interfere with a fair trial, prejudice the administration of justice,or subject a respondent or a accused to atrial by publicity and create a public inference

of guilt against him (Agpalo)It is bad enough to have such undue publicitywhen a criminal case is being investigated bythe authorities, even when it is being tried incourt; but when said publicity is encouragedwhen the case is on appeal and is pendingconsideration by this court , the whole thingbecomes inexcusable, even abhorrent. ( Cruz v.Salva, 105 Phil 1151 (1951) )

Cruz vs. SalvaIt is bad enough to have such undue publicitywhen a criminal case is being investigated by

the authorities, even when it is being tried incourt; but when said publicity andsensationalism is allowed, even encouraged,when the case is on appeal and is pendingconsideration by this tribunal, the whole thingbecomes inexcusable.

Martelino vs. AlejandroIf ever there was trial by publicity, it was against

the Government, not against the petitioners.




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Moreover, the suspension of the trial may haveaccomplished the purpose of this petition, bypostponing the trial until calmer times havereturned.

RE: Request Radio-TV CoverageTrial should not to be televised. The right of accused, who is in danger of losing his life andliberty, to a fair trial, outweighs right of public toinformation. Media exposure may undulyinterfere with the disposition of the trial.

Rule 13.03 - A lawyer shall not brook or inviteinterference by another branch or agency of thegovernment in the normal course of judicialproceedings.

BASIS:The principle of separation of powers (Aguirre)

Maglasang v. PeopleIn filing the "complaint" against the justices of the Court's Second Division with the Office of the President, even the most basic tenet of our government system-the separation of powersbetween the judiciary, the executive, and thelegislative branches-has been lost on Atty.Castellano.

Related rule: Rule 11.05. A lawyer shall submitgrievances against a Judge to the proper authorities only.

V. Lawyer’s Duties to the Client

Canon 14

A lawyer shall not refuse his services tothe needy.

Rule 14.01 - A lawyer shall not decline torepresent a person solely on account of thelatter’s race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person.

Related rule: Rule 138, Sec. 20 (i), Duties of attorneys.

In the defense of a person accused of a crime,by all fair and honorable means, regardless of his personal opinion as to the guilt of theaccused, to present every defense that the lawpermits, to the end that no person may bedeprived of life, liberty, or property.

Rule 14.02 - A lawyer shall not decline, exceptfor serious and sufficient cause, an appointmentas counsel de oficio or as amici curiae, or arequest f rom the Integrated Bar of the

Philippines or any of its chapters for rendition of free legal aid.

Related rule: Rule 2.01. A lawyer shall not reject,except for valid reasons, the cause of thedefenseless or the oppressed.

Rule 138, Sec. 20 (h), Duties of attorneys. It isthe duty of an attorney…never to reject, for anyconsideration personal to himself, the cause of

the defenseless or oppressed;Rule 138, Sec. 31 Attorney’s for destitutelitigants. A court may assign an attorney torender professional aid free of charge to anyparty in a case, if upon investigation it appearsthat the party is destitute and unable to employan attorney, and that the services of counsel arenecessary to secure the ends of justice and toprotect the rights of the party. It shall be the dutyof the attorney so assigned to render therequired service, unless he is excused therefromby the court for sufficient cause shown.

COUNSEL DE OFICIO A counsel, appointed or assigned by the court,from among such members of the bar in goodstanding who by reason of their experience andability, may adequately defend the accused.

Who may be appointed:1) a member of the bar in good standing2) in localities without lawyers, any person of

good repute for probity and ability

P.D. 543 (1974) authorized the designation of municipal judges and lawyers in any branch of the government service to act as counsel deoficio for the accused who are indigent in placeswhere there are no available practicing lawyers.

Appointed by court depending on:o the gravity of the offenseo the difficulty of the questions that may ariseo the experience and ability of the appointee.

AMICUS CURIAE A friend of the court;” a “bystander” usually acounselor who interposes or volunteersinformation upon some matter of law in regard towhich the judge is doubtful or mistaken. (Agpalo)

Experienced and impartial attorneys invited bythe Court to help in the disposition of issuessubmitted to it.

Rule 14.03 - A lawyer may refuse to acceptrepresentation of an indigent client if:a) he is not in a position to carry out the work

effectively or competently




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b) he labors under a conflict of interestsbetween him and the prospective client or between a present client and theprospective client.

What is an indigent? a person who has no visible means of

income or whose income is insufficient for the subsistence of his family, to bedetermined by the fiscal or judge, taking intoaccount the members of his familydependent upon him for subsistence. –RA6033

an "indigent or low income litigant" shallinclude anyone who has no visible means of support or whose income does not exceedP300 per month or whose income even inexcess of P300 per month is insufficient for the subsistence of his family –RA 6035

RA 6033 all courts shall give preference to the

hearing and/or disposition of criminal cases

where an indigent is involved either as theoffended party or accused.

RA 6034 any indigent litigant may, upon motion, ask

the Court for adequate travel allowance toenable him and his indigent witnesses toattendant the hearing of a criminal casecommenced by his complaint or filed againsthim. The allowance shall cover actualtransportation expenses by the cheapestmeans from his place of residence to thecourt and back. When the hearing of thecase requires the presence of the indigentlitigant and/or his indigent witnesses in courtthe whole day or for two or moreconsecutive days, allowances may, in thediscretion of the Court, also cover reasonable expenses for meal and lodging.

RA 6035 A stenographer who has attended a hearing

before an investigating fiscal or trial judge or hearing commissioner of any quasi-judicialbody or administrative tribunal and hasofficially taken notes of the proceedingthereof shall, upon written request of anindigent or low income litigant, his counselor duly authorized representative in the caseconcerned, give within a reasonable periodto be determined by the fiscal, judge,commissioner or tribunal hearing the case, afree certified transcript of notes take by himon the case .

For he did betray by his moves his lack of enthusiasm for the task entrusted to him, to put

matters mildly. He did point though to hisresponsibility as an election registrar … [but]there is not likely at present, and in theimmediate future, an exorbitant demand onhis time. It may likewise be assumed,considering what has been set forth above, thatpetitioner would exert himself sufficiently toperform his task as defense counsel withcompetence, if not with zeal, if only to erasedoubts as to his fitness to remain a member of the profession in good standing. ( Ledesma v.Climaco, 57 SCRA 473 (1974) )

Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional feesshall observe the same standard of conductgoverning his relations with paying clients.

If a lawyer volunteers his services to a client,and therefore not entitled to attorney’s fees,nevertheless, he is bound to attend to aclient’s case with all due diligence and zeal.By volunteering his services, he has established

a client-lawyer relationship. ( Blanza v. Arcangel,21 SCRA 1 (1967) )

If the counsel does refuse (see above justifications), Rule 2.02 governs, whichsays:In such cases, even if the lawyer does notaccept a case, he shall not refuse to render legaladvice to the person concerned if only to theextent necessary to safeguard the latter's rights.

Canon 15

A lawyer shall observe candor, fairnessand loyalty in all his dealings andtransactions with his clients.

Rule 15.01 - A lawyer, in conferring with aprospective client, shall ascertain as soon aspracticable whether the matter would involve aconflict with another client or his own interest,and if so, shall forthwith inform the prospectiveclient.

Rule 15.02 - A lawyer shall be bound by the ruleon privileged communication in respect of matters disclosed to him by a prospective client.

Related statutory basis: Revised Penal Code, Art. 209. Betrayal of trust by an attorney. or solicitor. - Revelation of Secrets . In addition tothe proper administrative action x x x shall beimposed upon an attorney-at-law or solicitor ( procurador judicial ) who, by any maliciousbreach of professional duty or of inexcusablenegligence or ignorance, shall prejudice his




35


client, or reveal any of the secrets of the latter learned by him in his professional capacity.

PRIVILEGED COMMUNICATION - An attorneycannot, without the consent of his client, beexamined as to any communication made by theclient to him or his advice given thereon in thecourse of professional employment; nor can anattorney’s secretary, stenographer, or clerk beexamined, without the consent of the client andhis employer, concerning any fact the knowledgeof which has been acquired in such capacity.

Requisites of Privileged Communication(Rule 130, Section 24 (b) of the RRC):1) There is an attorney-client relationship or a

kind of consultancy requirement with aprospective client;

2) The communication was made by the clientto the lawyer in the course of the lawyer’sprofessional employment;

3) The communication must be intended to beconfidential.

Exceptions to privilege (Aguirre):1) When a lawyer is accused by the client and

he needs to reveal information to defendhimself

2) When the client discloses the intention tocommit a crime or unlawful act. (Futurecrime)

Doctrine of imputed knowledge is based on theassumption that an attorney, who has notice of matter affecting his client, has communicatedthe same to his principal in the course of professional dealings. The doctrine appliesregardless of whether or not the lawyer actuallycommunicated to the client what he learned inhis professional capacity, the attorney and hisclient being one judicial person.

For attorney-client privilege to apply, however,the period to be considered is the date whenthe privileged communication was made bythe client to the attorney in relation to either acrime committed in the past or with respect to acrime intended to be committed in the future (if past, privilege applies; if future, does notapply) . In order that a communication between alawyer and his client be privileged, it must be for

a lawful purpose or in the furtherance of a lawfulend. ( People v. Sandiganbayan, 275 SCRA 505 (1996) )

Rule 15.03 - A lawyer shall not representconflicting interests except by written consent of all concerned given after a full disclosure of thefacts.

GENERAL RULE 1: A lawyer may not representtwo opposing parties at any point in time.

A lawyer need not be the counsel-of-record of either party. He does not have to publicly holdhimself as the counsel of the adverse party nor make efforts to advance the adverse party’sconflicting interests of record. It is enough thatthe counsel had a hand in the preparation of the pleading of one party .

EXCEPTION: When the parties agree, and for amicable settlement (Agpalo)

CONFLICT OF INTERESTThere is duty to contend for that which duty to another client requires him to oppose.

Tests to determine conflict of interest 1) When there are conflicting duties2) When the acceptance of the new relations invites

or actually lead to unfaithfulness or double-dealing to another client

3) When the attorney will be called upon to useagainst his first client any knowledge acquired in

the previous employmentNOTE: The test to determine whether there is aconflict of interest in the representation is probability ,not certainty of conflict

Effects of representing adverse interests1) Disqualification as counsel on new case2) If prejudicial to interests of latter client, a

judgment against may be set aside3) Administrative and criminal (for betrayal of trust)

liability4) Fees may not be paid

GENERAL RULE 2: A lawyer must name the

identity of all his clients, when so demanded.o The Court has a right to know that the client

whose privileged information is sought to beprotected is flesh and blood.

o The mantle of privileged communicationbegins to exist only after the attorney-clientrelationship has been established. Theprivilege does not attach until there is aclient.

o The privilege pertains to the subject matter of the relationship.

o Due process considerations require that theopposing party should know his adversary.

(Metaphor: He cannot be obliged to grope inthe dark against unknown forces.)

EXCEPTION: He may refuse to divulge thename or identity of his client1) Where a strong probability exists that

revealing the client’s name would implicatethe client in the very activity for which hesought the lawyer’s advice.




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2) Where disclosure would open the client tocivil liability.

3) Where the government’s lawyers have nocase against an attorney’s client unless byrevealing the client’s name, i.e., the saidname would furnish the only link that wouldform the chain of testimony necessary toconvict an individual of a crime.

Information relating to the identity of the clientmay fall within the ambit of the privilege whenthe client’s name itself has an independentsignificance, such that disclosure would thenreveal client confidences. (Regala v.Sandiganbayan, 262 SCRA 122 (1996) )

Rule 15.04 - A lawyer may, with the writtenconsent of all concerned, act as mediator,conciliator or arbitrator in settling disputes.

An attorney’s knowledge of the law and hisreputation for fidelity may make it easy for thedisputants to settle their differences amicably.However, he shall not act as counsel for any of them. (Agpalo)

Generally an attorney is prohibited fromrepresenting parties with contending positions.However at a certain stage of the controversy,before it reaches the court, a lawyer mayrepresent conflicting interests with the consent of the parties. (Dee v. CA 176 SCRA 651(1989))

Rule 15.05 - A lawyer when advising his clientshall give a candid and honest opinion on themerits and probable results of the client’s case,neither overstating nor understanding the

prospects of the case.Related statutory basis: Code of ProfessionalEthics, Canon 8. Before answering his client’squestion, a lawyer should endeavor to obtain fullknowledge of his client’s cause. It is only after heshall have studied the case that he shouldadvise his client on the matter.

A lawyer is bound to give candid and honestopinion on the merit or lack of merit of client’scase, neither overstating nor understating theprospect of the case. He should also give anhonest opinion as to the probable results of the

case, with the end in view of promoting respectfor the law and the legal processes. (Agpalo)

Rule 15.06 - A lawyer shall not state or implythat he is able to influence any public official,tribunal or legislative body.

This rule protects against influence peddling .Some prospective clients secure the services of a particular lawyer or law firm precisely because

he can exert a lot of influence on a judge andsome lawyers exact big fees for such influence(Agpalo)

Rule 15.07 - A lawyer shall impress upon hisclient compliance with the laws and theprinciples of fairness.

Related statutory basis: Civil Code, Art. 19.Every person must, in the exercise of his rights

and in the performance of his duties, act with justice, give everyone his due and observehonesty and good faith.

Rule 15.08 - A lawyer who is engaged inanother profession or occupation concurrentlywith the practice of law shall make clear to hisclient whether he is acting as a lawyer or inanother capacity.

GENERAL RULE: Exercise of dual professionis not prohibited but a lawyer must make itclear when he is acting as a lawyer and whenhe is otherwise, especially in occupationsrelated to the practice of law. Reason: certainethical considerations may be operative in oneprofession and not in the other. (Agpalo)

A lawyer is not barred from dealing with hisclient but the business transaction must becharacterized with utmost honesty and goodfaith. Business transactions between an attorneyand his client are disfavored and discouraged bypolicy of law because by virtue of a lawyer’soffice, he is an easy position to take advantageof the credulity and ignorance of his client. Thus,there is no presumption of innocence or

improbability of wrongdoing in favor of lawyers. (Nakpil v. Valdez, 286 SCRA 758 (1998) )

Canon 16

A Lawyer shall hold in trust all money’sand properties of his client that maycome into his possession.

Related statutory basis: Civil Code, Art. 1491.“The following persons cannot acquire or purchase, even at public or judicial auction,

either in person or through the mediation of another

(5) lawyers, with respect to the property andrights which may be the object of any litigation inwhich they take part by virtue of their profession.”

o Attorney-client relationshipo Property or interest is in litigation




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o Attorney takes part as counsel in the caseo Purchase, acquisition by attorney, by himself

or through another, during pendency of litigation

PROHIBITION INCLUDES MORTGAGE OFPROPERTY IN LITIGATION to the lawyer. Inthis case, acquisition is merely postponed untilforeclosure but effect is the same. It alsoincludes assignment of property ( Ordonio v.Eduarte, 207 SCRA 229 (1992) )

[T]he purchase by a lawyer of the property inlitigation from his client is categoricallyprohibited by Article 1491, paragraph (5) of the Philippine Civil Code , and thatconsequently, plaintiff's purchase of the propertyin litigation from his client (assuming that hisclient could sell the same since as alreadyshown above, his client's claim to the propertywas defeated and rejected) was void and couldproduce no legal effect, by virtue of Article 1409,paragraph (7) of our Civil Code which providesthat contracts “expressly prohibited or declaredvoid by law' are "inexistent and that “(T)hesecontracts cannot be ratified. Neither can the rightto set up the defense of illegality be waived.” x xx Article 1491 of our Civil Code (like Article 1459of the Spanish Civil Code) prohibits in its sixparagraphs certain persons, by reason of therelation of trust or their peculiar control over the property … (Rubias v. Batiller, G.R. No. L-35702 May 29, 1973 )

Art.1491 is not applicable:1) When attorney is not counsel in case

involving the same property at the time of

acquisition.2) When purchaser is a corporation, even if the

attorney was an officer ( Tuazon v. Tuazon,88 Phil. 42 )

3) When sale took place after termination of litigation, except if there was fraud or abuseof confidential information or where lawyer exercised undue influence.

4) Where property in question is stipulated aspart of attorney’s fees, provided that, thesame is contingent upon the favorableoutcome of litigation and, provided further,that the fee must be reasonable.

Rule 16.01 - A lawyer shall account for allmoney or property collected or received for or from the client.

A lawyer, under his oath, pledges himself not todelay any man for money or malice and is boundto conduct himself with all good fidelity to hisclients. He is obligated to report promptly themoney of his clients that has come into his

possession (otherwise a violation of Sec. 25,Rule 138 of ROC). He should not commingle itwithout his client’s consent. He should maintaina reputation for honesty and fidelity to privatetrust. The fact that a lawyer has a lien for feeson money in his hands would not relieve himfrom the duty of promptly accounting for thefunds received. ( Daroy v. Legaspi (1975) )

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own andthose of others kept by him.

Rule 16.03 - A lawyer shall deliver the funds andproperty to his client when due or upon demand.However,o he shall have a lien over the funds ando may apply so much thereof as may be

necessary to satisfy his lawful fees anddisbursements,

o giving notice promptly thereafter to his client.He shall also have a lien to the same extenton all judgments and executions he has

secured for his client as provided for in theRules of Court.

Related statutory basis: Rule 138, Sec. 37. Attorney’s liens. An attorney shall have a lienupon the funds, documents and papers of hisclient which have lawfully come into hispossession and may retain the same until hislawful fees and disbursements have been paid,and may apply such funds to the satisfactionthereof.

Money collected by a lawyer in pursuance of a judgment in favor of his clients is held in trust

and must be immediately turned over to them.(Businos v. Ricafort, 283 SCRA 40 (1997) )

CHARGING LIEN An equitable right to have the fees and lawfuldisbursements due a lawyer for his services,secured to him out of a money judgment.

Requisites for validity 1) attorney-client relationship2) lawful possession by lawyer of the client’s

funds, documents and papers in hisprofessional capacity

3) unsatisfied claim for attorney’s fees or disbursements

RETAINING LIEN A right merely to retain the funds, documentsand papers of his client which have lawfullycome into his possession and may retain thesame until his lawful fees and disbursementshave been paid.




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Requisites for validity 1) attorney-client relationship2) attorney has rendered services3) money judgment favorable to the client has

been secured in the action4) attorney has a claim for attorney’s fees or

advances5) statement of his claim has been duly

recorded in the case with notice thereof served upon the client and adverse party

RETAINING CHARGINGNature Passive lien. It

cannot beactivelyenforced. It isa general lien.

Active lien. Itcan beenforced byexecution. It isa special lien.

Basis Lawfulpossession of funds, papers,documents,propertybelonging toclient

Securing of afavorablemoney judgment for client

Coverage Covers onlyfunds, papers,documents,and propertyin the lawfulpossession of the attorney byreason of hisprofessionalemployment

Covers all judgments for the payment of money andexecutionsissued inpursuance of such judgment

Effectivity As soon as thelawyer gets

possession of the funds,papers,documents,property

As soon as theclaim for

attorney’s feeshad beenentered intothe records of the case

Notice Client neednot be notifiedto make iteffective

Client andadverse partyneed tonotified tomake iteffective

Applicability May beexercised

before judgment or execution, or regardlessthereof

Generally, it isexercisable

only when theattorney hadalreadysecured afavorable judgment for his client

Rule 16.04 - 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. Neither shall a lawyer lend money to a client except when, in theinterest of justice, he has to advancenecessary expenses in a legal matter he ishandling for the client.

The relation of attorney and client is highlyfiduciary in nature and is of a very delicate,exacting and confidential character. A lawyer isduty-bound to observe candor, fairness andloyalty in all his dealings and transactions withhis clients. The profession, therefore, demandsof an attorney an absolute abdication of everypersonal advantage conflicting in any way,directly or indirectly, with the interest of hisclient. ( Barnachea v. Quicho, 399 SCRA 1(2003) )

Canon 17

A lawyer owes fidelity to the cause of hisclient and he shall be mindful of the trust

and confidence reposed in him. A lawyer owes fidelity to the client's cause. Hishighest and most unquestioned duty is to protectthe client at all hazards and costs even tohimself. The finest hours of the legal professionwere those where the lawyer stood by his clienteven in the face and risk of danger to his personor fortune. And his client can take comfort in thethought that his lawyer will not abandon himwhen his services are needed most.(Agpalo)

When a lawyer takes a client’s cause, hethereby covenants that he will exert all effortfor its protection until its final conclusion.The failure to exercise due diligence and theabandonment of a client’s cause make such alawyer unworthy of the trust which the client hasreposed on him. ( Cantilller v. Potenciano, 180 SCRA 246 (1989) )

No lawyer is obliged to act either as adviser or advocate for every person who may wish tobecome his client. He has the right to declineemployment, except as prescribed in Canon 14of the Code of Professional Responsibility. But

once he agrees to take up the cause of theclient… No fear or judicial disfavor or publicunpopularity should restrain him from thefull discharge of his duty . (Santiago v. Fojas,248 SCRA 68 (1995) )

A lawyer who resorts to nefarious schemes tocircumvent the law and uses his legal knowledgeto further his selfish ends to the great prejudiceof others, poses a clear and present danger to






40


Examples of negligence of attorneys:o Failure of counsel to ask for additional time

to answer a complaint resulting in a default judgment against his client ( Mapua v.Mendoza, 45 Phil. 424(1993) ).

o Failure to bring suit immediately. When thebelated suit was filed, the defendant hadalready become insolvent and recoverycould no longer be had. The lawyer wasdeclared liable to the client ( Filinvest Land v.CA, 182 SCRA 664(1990) ).

o Failure to ascertain date of receipt from postoffice of notice of decision resulting in thenon-perfection of the appellant’s appeal(Joven-De Jesus v. PNB, 12 SCRA 447 ).

o Failure to file briefs within the reglementaryperiod ( People v. Cawili, 34 SCRA728(1970) ).

o Failure to attend to trial without filing amotion for postponement or withoutrequesting either of his two partners in thelaw office to take his place and appear for the defendants ( Gaerlan v. Bernal, G.R. No.L-4049, Jan. 28, 1952 ). Failure to appear atpre-trial ( Agravante v. Patriarca, 183 SCRA113(1990) ).

o Failure of counsel to notify clients of thescheduled trial which prevented the latter tolook to another lawyer to represent themwhile counsel was in the hospital ( Ventura v.Santos, 59 Phil. 123(1993) ).

o Failure to appear simply because the clientdid not go to counsel’s office on the date of the trial as was agreed upon ( Alcoriza v.Lumakang, Adm. Case No. 249, November 21, 1978 ).

o Failure to pay the appellate docket fee after receiving the amount for the purpose(Capulong v. Alino, 22 SCRA 491(1968) ).

Instances where the client is not bound bycounsel’s negligence:o In the case of an irresponsible lawyer who

totally forgot about the case and failed toinform his client of the decision, theSupreme Court held that the client shouldnot be bound by the negligence of thecounsel. ( Republic v. Arro, 150 SCRA630(1987) )

o A party is not bound by the actions of hiscounsel in case the gross negligence of thecounsel resulted in the client’s deprivation of his property without due process ( Legarda v.Court of Appeals, 195 SCRA 418(1991) ).

o “Where there is something fishy andsuspicious about the actuations of theformer counsel of petitioners in the case atbar, in the case he did not give anysignificance at all to the processes of the

court, which has proven prejudicial to therights of said clients, under a lame andflimsy explanation that the courts processes just escaped his attention, it is held that thesaid lawyer deprived his clients of their dayin court ( PHHC v. Tiongco, 12 SCRA471(1964) ).

o Application of the rule, “results in the outrightdeprivation of one’s property through atechnicality.” ( Escudero v. Dulay, 158 SCRA69, 78(1988) )

o In the case of an irresponsible lawyer whototally forgot about the case and failed toinform his client of the decision, theSupreme Court held that the client shouldnot be bound by the negligence of thecounsel. ( Republic vs. Arro, et al., 150 SCRA 630 (1987) )

Rule 18.04 - A lawyer shall keep the clientinformed of the status of his case and shallrespond within a reasonable period of time to theclient’s request for information.

It was unnecessary to have complainants wait,and hope, for six long years on their pensionclaims. Upon their refusal to co-operate,respondent should have forthwith terminatedtheir professional relationship instead of keeping them hanging indefinitely . (Blanza v. Arcangel, supra )

Canon 19

A lawyer shall represent his client withzeal within the bounds of law.

Rule 19.01 - A lawyer shall employ only fair andhonest means to attain the lawful objectives of his client and shall not present, participate inpresenting or threaten to present unfoundedcriminal charges to obtain an improper advantage

Related statutory basis:Rule 138, Sec. 20(d). Duties of attorneys. It isthe duty of an attorney: to employ, for thepurpose of maintaining the causes confided tohim, such means only as are consistent withtruth and honor, and never seek to mislead the

judge or any judicial officer by an artifice or falsestatement of fact or law.

Rule 19.02 - A lawyer who has receivedinformation that his client has, in the course of the representation, perpetuated a fraud upon aperson or tribunal, shall promptly call upon theclient to rectify the same, and failing which heshall terminate the relationship with such clientin accordance with the Rules of Court.




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Related rule: Canon 21. A lawyer should notallow his client to perpetuate fraud. However, thelawyer shall not volunteer the information aboutthe client’s commission of the fraud to anyonefor that will run counter to his duty to maintain atall times the client’s confidences and secrets.

This rule merely requires the lawyer to terminatehis relationship with the client in the event the

latter fails or refuses to rectify the fraud. (Agpalo)Rule 19.03 - A lawyer shall not allow his client todictate the procedure in handling the case.

Related statutory basis:Rule 138, Sec. 23. Authority of attorneys to bindclients. Attorneys have authority to bind their clients in any case by any agreement in relationthereto made in writing, and in taking appeals,and in all matters of ordinary judicial procedure.But they cannot, without special authority,compromise their client's litigation, or receiveanything in discharge of a client's claim but thefull amount in cash.

As to substant ia l mat ter Employment itself confers upon the attorney noimplied or apparent authority to bind the client onsubstantial matters which the attorney may notimpair, novate, compromise, settle, surrender or destroy without the client’s consent or authority:1. cause of action,2. claim or demand sued upon3. subject matter of the litigation

As to mat ters of law In matters of law, the client should yield to thelawyer (not the lawyer to the client) for thelawyer is better trained and skilled in law. Also,proceedings to enforce remedies are within theexclusive control of the attorney.

A lawyer should seek instruction from his clienton any substantial matter concerning thelitigation which requires decision on the part of the client (i.e. whether to compromise the caseor to appeal an unfavorable judgment). Inprocedural matters, the client must yield to thelawyer. (Agpalo)

Canon 20A lawyer shall charge only fair andreasonable fees.

Related statutory basis: Rule 138, Sec. 24.Compensation of attorneys. An attorney shall beentitled to have and recover from his client nomore than a reasonable compensation for hisservices , with a view to the importance of the

subject matter of the controversy, the extent of the services rendered, and the professionalstanding of the attorney. No court shall be boundby the opinion of attorneys as expert witnessesas to the proper compensation, but maydisregard such testimony and base itsconclusion on its own professional knowledge. Awritten contract for services shall control theamount to be paid therefore unless found by thecourt to be unconscionable or unreasonable.

RIGHT TO COMPENSATIONIn the absence of an express contract [for attorney’s fee], payment of attorney’s fees maybe justified by virtue of the innominate contractof facio ut des (I do and you give) which is basedon the principle that “no one shall enrich himself at the expense of another” ( Corpuz v. CA, G.R.No. L-40424, June 30, 1980 )

The Counsel if worthy of his hire, is entitled to befully recompensed for his services. With hiscapital consisting solely of his brains and hisskill, acquired at tremendous cost not only inmoney but in the expenditure of time andenergy, he is entitled to the protection of any judicial tribunal against any attempt on the partof a client to escape payment of his fees.( Albano v. Coloma, 21 SCRA 411 (1967) )

Rule 20.01 - A lawyer shall be guided by thefollowing factors in determining his fees:1) Time spent and the extent of the services

rendered or required2) Importance of the subject matter 3) Novelty and difficulty of the questions

involved;

4) Skill demanded;5) Probability of losing other employment as a

result of acceptance of the professed case;6) Professional standing of the lawyer;7) Amount involved in the controversy and the

benefits resulting to the client from theservice

8) Customary charges for similar services andthe schedule of fees of the IBP Charter towhich he belongs; and

9) Contingency or certainty of compensation;10) Character of the employment, whether

occasional or established.

11) Capacity of the client to pay.ATTORNEY’S FEES

Ordinary An attorney’s fee is the reasonable compensationpaid to a lawyer for the legal services he has renderedto a client. The basis of this compensation is thefact of employment by the client.

Extraordinary






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b) I mportance of Subject Matter – The moreimportant the subject matter or the bigger valueof the interest or property in litigation, the higher is the attorney’s fee.

c) N ovelty and Difficulty of Questions Involved –When the questions in a case are novel anddifficult, greater efforts, deeper study andresearch, are bound to burn the lawyer’s time andstamina considering that there are no localprecedents to rely upon.

d) S kill demanded of the Lawyer – The totality of thelawyer’s experience provides him the skill andcompetence admired in lawyers.

CHAMPERTOUS CONTRACTOne where the lawyer stipulates with his client theprosecution of the case that he will bear all theexpenses for the recovery of things or propertybeing claimed, and the latter pays only uponsuccessful litigation. Void for being against publicpolicy.

CONTINGENT CONTRACTIt is an agreement in which the lawyer’s fee, usually afixed percentage of what may be recovered in theaction, is made to depend upon the success in the

effort to enforce or defend the client’s right. It is avalid agreement. It is different from a champertouscontract in that the lawyer does not undertake toshoulder the expenses of the litigation.

CONTINGENT CHAMPERTOUSContingent fee is payablein cash.

Payable in kind only

Lawyers do notundertake to pay allexpenses of litigation

Lawyers undertake to payall expenses of litigation

Not prohibited Void

Rule 20.02 - A lawyer shall, in case of referral,

with the consent of the client, be entitled to adivision of fees in proportion to the workperformed and responsibility assumed.

NOTE: This is not in the nature of a broker’scommission.

Rule 20.03 - A lawyer shall not, without the fullknowledge and consent of the client, accept anyfee, reward, costs, commission, interest, rebateor forwarding allowances or other compensationwhatsoever related to his professionalemployment from any one other than the client.

Related statutory basis: Rule 138, sec. 20(e).Duties of attorneys. It is the duty of anattorney… to accept no compensation inconnection with his client's business exceptfrom him or with his knowledge andapproval.

RATIONALE:

This ensures protection of lawyers in collectionof fees. It is also designed to secure the lawyer’swholehearted fidelity to the client’s cause and toprevent that situation in which the receipt by himof a rebate or commission from another inconnection with the client’s cause may interferewith the full discharge of his duty to the client.The amount received by lawyer from oppositeparty or third persons in the service of his clientbelongs to the client except when the latter hasfull knowledge and approval of lawyer’s taking(Agpalo)

Rule 20.04 - A lawyer shall avoid controversieswith clients concerning his compensation andshall resort to judicial action only to preventimposition, injustice or fraud.

Judicial actions to recover attorney’s fees:1) file an appropriate motion or petition as an

incident in the main action where herendered legal services;

2) file a separate civil action for collection of

attorney’s fees.Suits to collect fees should be avoided and onlywhen the circumstances imperatively requireshould a lawyer resort to lawsuit to enforcepayment of fees. This is but a logicalconsequence of the legal profession notprimarily being for economic compensation.(Agpalo)

An attorney-client relationship can be created byimplied agreement, as when the attorneyactually rendered legal services for a personwho is a close friend. The obligation of such a

person to pay attorney’s fees is based on thelaw of contracts’ concept of facio ut des (no oneshall unjustly enrich himself at the expense of others.) ( Corpuz v. CA, 98 SCRA 424 (1980) )

Canon 21

A lawyer shall preserve the confidenceand secrets of his client after theattorney-client relationship is terminated.

Rule 138, 20(e). Duties of attorneys .—It is theduty of an attorney: (e) To maintain inviolate theconfidence, and at every peril to himself, topreserve the secrets of his client, and to acceptno compensation in connection with his client'sbusiness except from him or with his knowledgeand approval;

Rule 130, sec. 21(b) . Privileged communication .—An attorney cannot, without the consent of hisclient, be examined as to any communicationmade by the client to him, or his advice given






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Requisites for Privilege Communication toAttach

The person to whom information is given isa lawyer. No attorney-client relation whenperson is not a lawyer, even if such personundertakes to perform legal services.Exception: if a person is pretending to be alawyer and client discloses confidentialcommunications, the attorney-client privilegeapplies.

There is legal relationship existing (may bedisregarded for prospective clients)

Legal advice must be sought from theattorney in his professional capacity withrespect to communications relating to thatpurpose. Not privileged if advice is notwithin lawyer’s professional capacity

Some privileged communication may loseprivileged character. Client must intend thecommunication be confidential.

Question of privilege determined by court.The burden of proof is on the party whoasserts the privilege.

Persons Entitled to claim Privilege Generally, the attorney-client privilege

covers the lawyer, client and third personswho by reason of their work have acquiredinformation about the case being handled.This includes the following: (1) attorney’ssecretary, stenographer and clerk; (2)interpreter, messengers, or agentstransmitting communication (3) anaccountant, scientist, physician, engineer who has been hired for effectiveconsultation.

Assignee of the client's interest may claimthe privilege as far as the thecommunication affects the realization of theassigned interest.

Identification of client privilege extends whenthe ff are not present:(1) commencement of litigation on behalf of

the client,(2) identification relating to employment of

3 rd person,(3) employment of attorney with respect to

future criminal/ fraudulent transaction,(4) prosecution of a lawyer for a criminal

offense This rule does not cover those kept for

custodial purposes only nor contractsrelating to attorney’s fees

Examples of privileged matters→ work product of lawyer (his effort, research

and thought contained in his file)→ a report of a physician, an accountant, an

engineer or a technician, whose serviceshave been secured by a client as part of hiscommunication to his attorney or by theattorney to assist him render effective legalassistance to his client

→ records concerning an accident in which aparty is involve

→ consultation which has to do the preparationof a client to take the witness stand

Genato v. Silapan 453 Phil. 910 (2003)Facts: Atty. Silapan and Genato had an attorney-clientrelationship. Genato filed charges againstSilapan due to the latter ’s failure to payamortization fees. Silapan alleged in his answer that Genato is a businessman in real estatebusiness, who traded and buys and sellsdeficiency taxed imported cars, provides sharkloan and engages in other shady deals. He alsoalleged that Genato has many pending casesand had attempted to bribe officials to lift thecase. The SC held that Silapan had violated

confidentiality of lawyer-client relationship.Held:“Canon 17 of the Code of Professional

Responsibility provides that a lawyer owesfidelity to the cause of his client and shall bemindful of the trust and confidence reposed onhim. The rule is that an attorney is not permittedto disclose communications made to him in hisprofessional character by a client, unless thelatter consents. This obligation to preserve theconfidences and secrets of a client arises at theinception of their relationship. The protectiongiven to the client is perpetual and does notcease with the termination of the litigation nor isit affected by the party’s ceasing to employ theattorney and retaining another, or by any other change of relation between them. It evensurvives the death of the client.

“It must be stressed, however, that the privilegeagainst disclosure of confidentialcommunications or information is limited only tocommunications which are legitimately andproperly within the scope of a lawful employmentof a lawyer. It does not extend to those made incontemplation of a crime or perpetration of a

fraud. It is not within the profession of a lawyer to advise a client as to how he may commit acrime. Thus, the attorney-client privilege doesnot attach, there being no professionalemployment in the strict sense.

“Nevertheless, respondent’s explanation that itwas necessary for him to make the disclosuresin his pleading fails to satisfy the Court. Thedisclosures were not indispensable to protect his




46


rights, as they were not pertinent to theforeclosure case. It was improper for therespondent to use it against the complainant inthe foreclosure case as it was not the subjectmatter of litigation therein and respondent’sprofessional competence and legal advice werenot being attacked in said case.”

Hilado v. David 83 Phil 569 (1949)Facts:Prior to Atty Francisco’s rendering of legalservice to Assad (defendant) , Hilado (plaintiff)consulted the same lawyer and even presentedhim with documents about case against Assad.

Hilado and her counsel want Franciscodisqualified as counsel for Assad. The SC foundthat an attorney-client relationship existedbetween Hilado and Francisco and that the latter had violated the confidence of client.

Held:To constitute professional employment it is notessential that the client should have employedthe attorney professionally on any previousoccasion. If a person, in respect to his businessaffairs or troubles of any kind, consults with hisattorney in his professional capacity with theview to obtaining professional advice or assistance, and the attorney voluntarily permitsor acquiesces in such consultation, then theprofessional employment must be regarded asestablished. Information so received is sacred tothe employment to which it pertains, and topermit to be used in the interest of another, or,worse still, in the interest of the adverse party, isto strike at the element of confidence which liesat the basis of, and affords the essential securityin, the relation of attorney and client.

“Rationale behind this prohibition: not only toprevent the dishonest practit ioner fromfraudulent conduct, but also to protect thehonest lawyer from unfounded suspicion of unprofessional practice. It is founded onprinciples of public policy, on good taste. Thequestion is not necessarily one of the rights of the parties, but as to whether the attorney hasadhered to proper professional standard.

Rule 21.01 – A lawyer shall not reveal theconfidence or secrets of his client except:a. When authorized by the client af ter

acquainting him of the consequences of thedisclosure;

b. When required by law;c. When necessary to collect his fees or to

defend himself, his employees or associatesor by judicial action.

A lawyer becomes familiar with all the factsconnected with his client’s case. Suchknowledge must be considered sacred andmust be guarded with care to ensure theconfidence of the client is not abused. Onlywhen client consents will a lawyer beallowed to make use of said information.Use of said information, whether privilegedor not, is prohibited if it is to the:a) disadvantage of the client;b) lawyer’s advantage;c) advantage of third persons.

A lawyer may not disclose any informationconcerning the client’s case, which heacquired from the client in confidence, other than what may be necessary to prosecute or defend his client’s cause.

In fact, loyalty to the court may not overridethis privilege as said loyalty involvessteadfast maintenance of principles whichthe courts themselves have evolved for theeffective administration of justice; one of these principles is that of preservation of client’s confidence communicated to lawyer in his professional capacity. Breach of thisfidelity is sufficient to warrant disciplinarysanction against the lawyer.

If a lawyer manages to acquire informationregarding the opposing party’s cause, hemust withdraw

Client may not make communications toopposing counsel to silence him (suchcommunication is not privileged)

If corporate client, secret of 1 corporateofficer may be disclosed to directors but notto others

Involves a balancing of loyalties (e.g. clientcommitted perjury, should lawyer disclose?)

Exceptions to the General Rule(These exceptions to the general rule are foundin Rule 21.01.)

1. When authorized by the client after acquanting him of the consequences of thedisclosure→ A waiver of the privilege must be made

in entirety. A client may waive protectionof privilege through lawyer except wherethe controversy involves the attorney’srelation with his client. In such case,only the client may waive privilege.

→ Consent given by client to lawyer’ssecretary (staff/employees) will not givehim/her the right to reveal confidences.Lawyer’s consent is necessary.

2. When required by law→ A lawyer may disclose commission of




47


contemplated crimes or perpetuation of fraud considering that professionalrelationship should only be for lawfulpurposes. A person who is committing acrime or is about to commit a crime canhave no privileged witness. For theapplication of the privilege to attach, theperiod to be considered is the date whenthe privileged communication was madeby the client to the attorney in relation toeither a crime committed in the past or with respect to a crime intended to becommitted in the future.

3. When necessary to collect attorney's fees or to defend himself, his employees or associates or by judicial action→ In case client files complaint against his

lawyer or unreasonably refuses to payhis fees, client waives privilege in favor of lawyer who may disclose so much of client’s confidences as may benecessary to protect himself or to collect

fees. It must be noted that a client maynot be permitted to take advantage of the attorney-client relation to defeat the just claim of his lawyer.

Rule 21.02 – A lawyer shall not, to thedisadvantage of his client, use informationacquired in the course of employment, nor shallhe use the same to his advantage or that of athird person, unless the client with fullknowledge of the circumstances consentsthereto.

A lawyer must have the fullest confidence of his client. If confidence is abused, as by theuse by the lawyer of the client's secretsagainst his client, the profession will suffer by the loss thereof.

Rule 21.03 – A lawyer shall not, without thewritten consent of his client, give informationfrom his files to an outside agency seeking suchinformation for auditing, statistical, bookkeeping,accounting, data processing, or any similar purpose.

The reason for the rule is that the work and

product of a lawyer, such as his effort,research, and thought, and the records of his client, contained in his files are privilegedmatters.

Neither the lawyer nor, after his death, hisheir, or legal representative may properlydisclose the contents of such file cabinetwithout client’s consent

Rule 21.04 – A lawyer may disclose the affairsof a client of the firm to partners or associatesthereof unless prohibited by the client.

Rule 21.05 – A lawyer shall adopt suchmeasures as may be required to prevent thosewhose services are utilized by him, fromdisclosing or using confidences or secrets of theclient.

Professional employment of a law firm isequivalent to retainer of the membersthereof even though only one partner isconsulted. When one partner tells another about the details of the case, it is notconsidered as disclosure to third personsbecause members of a law f irm areconsidered as one entity.

The client’s secrets which clerical aids of lawyers learn of in the performance of their services are covered by privilegedcommunication. It is the duty of lawyer toensure that this is being followed. Theprohibition against a lawyer from divulgingthe confidences and secrets of his clientswill become futile exercise if his clerical aidsare given liberty to do what is prohibited of the lawyer. (EX. Signing of confidentialitycontract)

Rule 21.06 – A lawyer shall avoid indiscreetconversation about a client’s affairs even withmembers of his family.

A lawyer must not only preserve theconfidences and secrets of his clients in his

law office but also outside including hishome. He should avoid committingcalculated indiscretion, that is, accidentalrevelation of secrets obtained in hisprofessional employment. Reckless or imprudent disclosure of the affairs of hisclients may jeopardize them. Not everymember of the lawyer’s family has theproper orientation and training for keepingclient’s confidences and secrets.

Rule 21.07 – A lawyer shall not reveal that hehas been consulted about a particular caseexcept to avoid possible conflict of interests.

Rule 15.01 . A lawyer, in conferring with aprospective client, shall ascertain as soon aspracticable whether the matter would involve aconflict with another client or his own interest,and if so, shall forthwith inform the prospectiveclient.

Rule 14.03. A lawyer may refuse to acceptrepresentation of an indigent client if:




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a.) he is not in a position to carry out the workeffectively or competently

b.) he labors under a conflict of interestsbetween him and the prospective client or between a present client and theprospective client.

This rule clarifies that privilegecommunication applies even to prospectiveclients . The disclosure and the lawyer'sopinion thereon create an attorney-clientrelationship, even though the lawyer doesnot eventually accept the employment or theprospective client did not thereafter actuallyengage the lawyer. By the consultation, thelawyer already learned of the secrets of prospective client. It is not fair if he will notbe bound by the rule on privilegedcommunication in respect of mattersdisclosed to him by a prospective client.This rule, of course, is subject to exceptionof representation of conflicting interests.

In relation to conflict of interest, the lawyer

should ascertain as soon as practicablewhether the matter would involve a conflictof interest with his other client or with hisown.

A lawyer shall not reveal the confidence or secrets of his client except:a. When authorized by the client af ter

acquainting him of the consequences of thedisclosure;

b. When required by law;c. When necessary to collect his fees or to

defend himself, his employees or associatesor by judicial action.

Canon 22

A lawyer may withdraw his services onlyfor good cause and upon noticeappropriate in the circumstances.

Termination of Attorney-Client Relation1) Withdrawal of lawyer under Rule 22.012) Death of the lawyer 3) Disbarment or suspension of the lawyer

from the practice of law4) Declaration of presumptive death of lawyer

5) Conviction of a crime and imprisonment of lawyer

6) Discharge or dismissal of the lawyer by theclient

7) Appointment or election of a lawyer to agovernment position which prohibits privatepractice of law

8) Death of client

9) Intervening incapacity or incompetence of the client during pendency of case

10) Full termination of the case

GENERAL RULE: The client has the right toterminate at any time with or without justcause.

LIMITATIONS: Client cannot deprive counsel of right to be

paid services if dismissal is without cause Client cannot discharge counsel as an

excuse to secure repeated extensions of time

Notice of discharge is required for both courtand adverse party

MONTANO V. IBP 358 SCRA 1 (2001)The parties in this case agreed upon attorney’sfees in the amount of P15,000, 50% of whichwas payable upon acceptance of the case andthe remaining balance upon the termination of the case. Accordingly, complainant Montanopaid Atty. Dealca the amount of P7,500. Buteven before Atty. Dealca had prepared theappellant’s brief and contrary to their agreement, Atty. Dealca demanded an additional paymentfrom complainant. Montano was able to pay4,000. Before filing the appellant's brief, AttyDealco demanded the payment once again.When complainant was unable to pay, lawyer withdrew his appearance as complainant’scounsel without his prior knowledge and/or conformity.

Held: Although a lawyer may withdraw hisservices when the client deliberately fails to pay

the fees for the services, under thecircumstances of the present case, Atty.Dealca’s withdrawal was unjustified ascomplainant did not deliberately fail to pay himthe attorney’s fees. In fact, complainant exertedhonest efforts to fulfill his obligation.

Rule 22.01 - A lawyer may withdraw his servicesin any of the following case:o When the client pursues an illegal or

immoral course of conduct in connectionwith the matter he is handling;

o When the client insists that the lawyer pursue conduct violative of these canonsand rules;

o When his inability to work with co-counselwill not promote the best interest of theclient;

o When the mental or physical condition of thelawyer renders it difficult for him to carry outthe employment effectively;









LEGAL ETHICS AND FORMS REVIEWER Chapter III. DISCIPLINE OF LAWYERS

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C. Procedure for Suspension or Disbarmentof Attorneys by the IBP

D. Procedure for Suspension or Disbarmentof Attorneys (Rule 139-B) by the SupremeCourt Motu Propio

E. Imposition of Penalties in the SupremeCourt

Suspension By division – one year or lessEn banc – more than one year

Fine Division – P10,000 or lessEn banc – more than P10,000

In case of two or more suspensions: Service willbe successive, not simultaneous.

IBPMotu

Propio

VERIFIED COMPLAINTTO THE IBPComplaint must be:

In writing Stating facts

complained of

Shall appoint an investigator and notifyrespondent within two days from receipt

RESPONDENT’S ANSWER:Within 15 da s from notice

INVESTIGATION1) Investigator may issue subpoenas2) Provide respondent with opportunity to be

heard.3) May proceed with investigation ex parte

should respondent be unable to comply.

REPORTSubmitted not later than 30 days fromtermination of investigation. Contains:1) Findings of facts2) Recommendation

Disbar SuspendDismiss

SUPREME COURT FOR JUDGMENT

Supreme Court shall refer the case to aninvestigator

Respondent must answer (within 15 days)

REPORT to be submitted not later than 30days from investigation’s termination.

REPORT MUST CONTAINFindings of facts

Recommendations

SUPREME COURT FOR JUDGMENT

INVESTIGATION(3 months)

POSSIBLE INVESTIGATORS:Solicitor General

Any Officer of the SC Any judge of a lower court

Shall notify the Respondent




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III. Modifying Circumstances

Extent of disciplinary action depends onattendance of mitigating or aggravatingcircumstance.

presence of mitigating circumstances may justify suspension instead of disbarment, andcensure or reprimand instead of suspension

inverse rule may apply where aggravatingcircumstances are present

A. Mitigating Circumstances

o Good Faith in the acquisition of aproperty of the client subject of thelitigation (In Re: Ruste, 70 Phil 243)

o Youth & inexperience of a lawyer o Old Age & long membership (may also

be an aggravation depending on thecircumstance)

o Apologyo Lack of Intention to slight or offend the

courto

Lack of material damage to complainingwitnesso Desistance of complainanto Error in judgmento First offenseo Honest & efficient service in various

government positionso Clean record of professional

responsibility in the past

B. Aggravating Circumstances

o Abuse of authority or of attorney-clientrelationship

o sexual intercourse with a relativeo charge of gross immoralityo Previous dismissal as member of the

bar o Defraud upon the governmento Use of knowledge or information,

acquired in the course of a previousprofessional employment, against aformer client

C. Effect of Executive Pardon

1. Conditional The disbarment case will not be dismissedon the basis thereof.

2. Absolute, before convictionThe disbarment case will be dismissed. Absolute pardon by the President may wipeout conviction as well as offense itself andthe grant thereof in favor of a lawyer is a bar to a proceeding for disbarment against him

based solely on commission of suchoffense.

The reason is that the respondent lawyer,after the absolute pardon, is as guiltless andinnocent as if he never committed theoffense at all.

3. Absolute, after convictionIf absolute pardon is given to lawyer after

being disbarred for conviction of a crime, itdoes not automatically entitle him toreinstatement to the bar. It must be shownby evidence aside from absolute pardon thathe is now a person of good moral character and fit and proper person to practice law. Incase of a conditional pardon, there will be aremission of unexpired period of sentence.

IV. Reinstatement

It is the restoration in disbarment proceedings toa disbarred lawyer the privilege to practice law.

Statutory basis: 1987 Constitution, Art. VIII, Sec.5(5). The power of the Supreme Court toreinstate is based on its constitutionalprerogative to promulgate rules on theadmission of applicants to the practice of law. this is an exclusive authority

In order that there is reinstatement, the followingmust be taken into consideration:o the applicant’s character and standing prior

to disbarment;o the nature or character of the misconduct for

which he is disbarred;o his conduct subsequent to disbarment ( Cui

v. Cui, 11 SCRA 755 )o including his efficient government service ( In

Re: Adriatico, 17 Phil 324 )o the time that has elapsed between

disbarment and the application for reinstatement and the circumstances that hehas been sufficiently punished anddisciplined ( Prudential Bank v. BenjaminGrecia, 192 SCRA 381 )

o applicant’s appreciation of significance of hisdereliction and his assurance that he nowpossesses the requisite probity and integrity;

o favorable endorsement of the IBP, pleas of his loved ones ( Yap Tan v. Sabandal, 170 SCRA 207 )

The court may require applicant for reinstatement to enroll in and pass the requiredfourth year review classes in a recognized lawschool. ( Cui v. Cui, supra; In Re: Rusiana, 56 SCRA 240 )




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The sole object of the court is to determinewhether or not the applicant has satisfied andconvinced the court by positive evidence that theeffort he has made toward the rehabilitation of his character has been successful. (In reRusiana, 56 SCRA 240)

A PREVIOUSLY DISBARRED LAWYER who isgiven absolute pardon by the President is notautomatically reinstated, he must still file apetition for reinstatement with the SC.

Condition for Reinstatement: A lawyer who has been suspended or disbarredmay be reinstated when the SC is convincedthat he has already possessed the requisites of probity and integrity necessary to guarantee hisworth to practice his possession.

To be reinstated to the practice of law, it isnecessary that the respondent must like anyother candidate for admission to the bar ,satisfy the Court that he is a person of goodmoral character and a fit and proper person topractice law. ( In re: Rovero, 101 SCRA 803 )

Effects of Reinstatement:1) Recognition of moral rehabilitation and

mental fitness to practice law;2) Lawyer shall be subject to same law, rules

and regulations as those applicable to anyother lawyer;

3) Lawyer must comply with the conditionsimposed on his readmission.

NOTE: Good moral character is not only acondition precedent to admission to the practiceof law but is a continuing requirement.



LEGAL ETHICS AND FORMS REVIEWER Chapter IV. CODE OF JUDICIAL CONDUCT

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Chapter IV. Code of Judicial Conduct

I. CANON 1: INDEPENDENCEII. CANON 2: INTEGRITYIII. CANON 3: IMPARTIALITYIV. CANON 4: PROPRIETYV. CANON 5: EQUALITYVI. CANON 6: COMPETENCE AND DILIGENCE

JUDICIAL ETHICSBranch of moral science which treats of the right andproper conduct to be observed by all judges andmagistrates in trying and deciding controversiesbrought to them for adjudication which conduct mustbe demonstrative of impartiality, integrity,competence, independence and freedom fromimproprieties.

JUDGE A public officer who, by virtue of his office, is clothedwith judicial authority, a public officer lawfullyappointed to decide litigated questions in accordancewith law.

DE JURE JUDGEOne who is exercising the office of judge as a matter of right; an officer of a court who has been duly andlegally appointed, qualified and whose term has notexpired.

DE FACTO JUDGE An officer who is not fully invested with all the powersand duties conceded to judges, but is exercising theoffice of a judge under some color of right.

Qualifications of SC members:1. Natural born citizen2. At least 40 years of age3. Must have been for at least 15 years a judge

of a lower court or engaged in the practice of law (Sec. 7 (1), Art. VIII, 1987 Constitution)

Qualifications of RTC judges:1. Natural-born citizen2. At least 35 years of age3. For at least 10 years has been engaged in

the practice of law in the Philippines or hasheld public office requiring admission to thepractice of law as an indispensable requisite

Qualifications of MTC judges:1. Natural-born citizen of the Philippines;2. At least 30 years of age;

3. For at least five years has been engaged inthe practice of law in the Philippines or hasheld public office requiring admission to thepractice of law as an indispensablerequisite.

NEW CODE OF JUDICIAL CONDUCT(Bangalore Draft)

Indep endenceInteg rityImpar tialityP roprietyEqualityCompetence and Diligence

I. Independence

CANON 1 - JUDICIAL INDEPENDENCE IS APRE-REQUISITE TO THE RULE OF LAW ANDA FUNDAMENTAL GUARANTEE OF A FAIRTRIAL. A JUDGE SHALL THEREFOREUPHOLD AND EXEMPLIFY JUDICIALINDEPENDENCE IN BOTH ITS INDIVIDUALAND INSTITUTIONAL ASPECTS.

MEMORY AID FOR SECTIONS UNDER CANON 1:• Independent judicial function (Sec. 1)• Outside pressure (Sec. 2)• Influencing outcome of litigation (Sec. 3)• Influence on judicial conduct (Sec. 4)• Independence from executive and legislative

(Sec. 5)• Independence from society and particular parties

(Sec. 6)• Safeguards for judicial independence (Sec. 7)• Promote Public confidence (Sec. 8)

Sec. 1. Judges shall exercise the judicialfunction independently on the basis of their assessment of the facts and in accordance witha conscientious understanding of the law, free of any extraneous influence, inducement, pressure,

threat or interference, direct or indirect, from anyquarter or for any reason.

A judge found defendants guilty beyondreasonable doubt of the crime of Rape withHomicide. However, he sentenced the accusedwith reclusion perpetua instead of the death, asunequivocally required by RA 7659. A court of law is no place for a protracted debate on themorality or propriety of the sentence, wherethe law itself provides for the sentence of death as a penalty in specific and well-defined instances. (People v. Veneracion, 249SCRA 244 (1995) )

Mass media has its duty to fearlessly butfaithfully inform the public about events andpersons. However, when a case has receivedwide and sensational publicity, the trial courtshould be doubly careful not only to be fair and impartial but also to give the appearanceof complete objectivity in its handling of thecase. ( Go v. Court of Appeals, 206 SCRA 165 )




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Sec. 2. In performing judicial duties, Judgesshall be independent from judicial colleagues inrespect of decisions which the judge is obligedto make independently.

The discretion of the Court to grant bail mustbe based on the Court’s determination as towhether or not the evidence of guilt isstrong.

This discretion may be exercised only after theevidence has been submitted at the summaryhearing conducted pursuant to Sec. 7 of Rule114 of the Rules. Respondent’s admission thathe granted bail to an accused upon the requestof a Congressman, despite his belief that theevidence of guilt against said is strong, is indeedreprehensible. ( Tahil v. Eisma, 64 SCRA 378 (1975) )

Sec. 3. Judges shall refrain from influencingin any manner the outcome of litigation or dispute pending before another court or administrative agency.

Sec. 4. Judges shall not allow family, social, or other relationships to influence judicial conductor judgment. The prestige of judicial officeshall not be used or lent to advance theprivate interests of others , nor convey or permit others to convey the impression that theyare in a special position to influence the judge.

“Judge’s f ami ly” includes a judge’s spouse,son, daughter, son-in-law, daughter-in-law, andany other relative by consanguinity or affinitywithin the sixth civil degree , or person who is

a companion or employee of the judge and wholives in the judge’s household. (Definitions,Bangalore Draft)

Constant company with a lawyer tends to breedintimacy and camaraderie to the point that favorsin the future may be asked from respondent judge which he may find hard to resist. Theactuation of respondent Judge of eating anddrinking in public places with a lawyer who haspending cases in his sala may well arousesuspicion in the public mind, thus tending toerode the trust of the litigants in the impartialityof the judge. ( Padilla v. Zantua, 237 SCRA 670 (1994) )

Sec. 5. Judges shall not only be free frominappropriate connections with, and influence by,the executive and legislative branches of government, but must also appear to be freetherefrom to a reasonable observer.

While it is true that Justice Sabio could not havepossibly known prior to his brother's call that his

brother intended to speak to him about theMeralco-GSIS case, the fact remains thatJustice Sabio continued to entertain a call fromhis brother, who also happens to be an officer of the executive branch, despite realizing that theconversation was going to involve a pendingcase. Justice Sabio asks the Court if he shouldhave immediately slammed the phone on hisbrother. Certainly, such boorish behavior is notrequired. However, as soon as Justice Sabiorealized that his brother intended to discuss acase pending before him or in his division,Justice Sabio should have respectfully but firmlyended the discussion….That Justice Sabio didnot do as his brother asked is of no moment.Section 5, Canon 1 of the Code of JudicialConduct maintains such a high bar of ethicalconduct that actual influence is not aprerequisite before a violation is deemedcommitted. If a magistrate's actions allow even just the appearance of being influenced, it isdeemed a violation. ( Re: Letter of Presiding Justice Conrado M. Vasquez, Jr. A.M. No. 08-8-11-CA )

Sec. 6. Judges shall be independent inrelation to society in general and in relation tothe particular parties to a dispute which he or she has to adjudicate.

[Respondent’s] act of sending a member of hisstaff to talk with complainant and show copies of his draft decisions, and his act of meeting withlitigants outside the office premises beyondoffice hours violate the standard of judicialconduct required to be observed by members of the Bench. ( Tan v. Rosete, A.M. No. MTJ-04-1563, September 8, 2004 )

Sec. 7. Judges shall encourage and upholdsafeguards for the discharge of judicialduties in order to maintain and enhance theinstitutional and operational independence of the judiciary.

Sec. 8. Judges shall exhibit and promote highstandards of judicial conduct in order to reinforcepublic confidence in the judiciary which isfundamental to the maintenance of judicialindependence.

[A judge] should always be imbued with a highsense of duty and responsibility in the dischargeof his obligation to promptly and properlyadminister justice. He must view himself as apriest for the administration of justice is akinto a religious crusade. (Dimatulac et al v.Villon, 297 SCRA 679 )




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II. Integrity

CANON 2 – INTEGRITY IS ESSENTIAL NOTONLY TO THE PROPER DISCHARGE OF THEJUDICIAL OFFICE BUT ALSO TO THEPERSONAL DEMEANOR OF JUDGES.

MEMORY AID FOR SECTIONS UNDER CANON 2:• Conduct above reproach (Sec. 1)

• Reaffirm people’s faith (Sec. 2)• Disciplinary action (Sec. 3)

Sec. 1 . Judges shall ensure that not only is their conduct above reproach, but that it is perceivedto be so in the view of a reasonable observer.

Respondent judge was also at fault for hisshortness of temper and impatience, contraryto the duties and restriction imposed upon himby reason of his office. He failed to observe theproper decorum expected of judicial officers.Judicial officers are given contempt powersso that they can remind counsels of their

duties in court without being arbitrary,unreasonable or unjust. Respondent shouldhave cited the complainant in contempt of courtinstead of throwing tantrums by banging hisgavel loudly and unceremoniously walking out of the courtroom.

Although respondent had a valid explanationfor carrying a gun, his act of carrying it inplain view of the lawyers (including thecomplainant) and considering what justhappened, cannot be taken as an innocentgesture. It was calculated to instill fear andintimidate the complainant. Respondent'sbehavior constitutes grave misconduct. A judge's conduct should be free from theappearance of impropriety not only in his officialduties but in his everyday life. One who lives bythe precept that “might is right” is unworthy to bea judicial officer. ( Romero v. Valle (1987) )

Sec. 2 . The behavior and conduct of judgesmust reaffirm the people's faith in the integrity of the judiciary. Justice must not merely be donebut must also be seen to be done.

A judge must be free of a whiff of impropriety not

only with respect to his performance of his judicial duties, but also to his behavior outsidehis sala and as a private individual. There is nodichotomy of morality: a public official isalso judged by his private morals. (Castillo v.Calanog (1991) )

Ignorance of the law is a mark of incompetenceWhen the inefficiency springs from a failure toconsider so basic and elemental a rule, a law or

principle in the discharge of his duties, a judge iseither too incompetent and undeserving of theposition and title he holds, or he is too viciousthat the oversight or omission was deliberatelydone in bad faith and in grave abuse of judicialauthority. In both instances, the judge'sdismissal is in order. (Macalintal v. Teh, 280 SCRA 623 )

Sec. 3. Judges should take or initiateappropriate disciplinary measures againstlawyers or court personnel for unprofessionalconduct of which the judge may have becomeaware.

III. Impartiality

CANON 3 – IMPARTIALITY IS ESSENTIAL TOTHE PROPER DISCHARGE OF THE JUDICIALOFFICE. IT APPLIES NOT ONLY TO THEDECISION ITSELF BUT ALSO TO THEPROCESS BY WHICH THE DECISION ISMADE.

MEMORY AID FOR SECTIONS UNDER CANON 3:• Judicial duties free from bias (Sec. 1)• Promote confidence, impartiality (Sec. 2)• Minimize instances of disqualification (Sec. 3)• Public comments – pending and impending case

(Sec. 4)• Disqualifications (Sec. 5)• Remittal of disqualifications (Sec. 6)

Sec. 1 . Judges shall perform their judicial dutieswithout favor, bias or prejudice.

To sustain a claim of bias or prejudice, the

resulting opinion must be based upon anextrajudicial source : that is, some influenceother than the facts and law presented in thecourtroom. In the United States, this is knownas the Extra-Judicial Source Rule.

Sec. 2. Judges shall ensure that his or her conduct, both in and out of court, maintains andenhances the confidence of the public, the legalprofession and litigants in the impartiality of the judge and of the judiciary.

In disposing of a criminal case, a judge shouldavoid appearing like an advocate for either party.It is also improper for the judge to push activelyfor amicable settlement against the wishes of thecomplainant. A judge’s unwelcome persistencemakes the judge vulnerable to suspicions of favoritism.

Sec. 3. Judges shall, so far as is reasonable, soconduct themselves as to minimize theoccasions on which it will be necessary for them




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to be disqualified from hearing or decidingcases.

The majority view is that the rule of disqualification of judges must yield todemands of necessity. Simply stated, the ruleof necessity means that a judge is notdisqualified to sit in a case if there is noother judge available to hear and decide thecase. For example, members of the SupremeCourt were entitled to adjudicate the validity of astatue placing a limit of 5 percent in the costs of living increase for judges, where it was apparentthat all state judges had at least an involuntarilyfinancial interest in the case… Actualdisqualification of a member of a court of lastresort will not excuse the member fromperforming his official duty if failure to do sowould result in a denial of a litigant'sconstitutional right to have a question, properlypresented the court, adjudicated. In other words,when all judges would be disqualified,disqualification will not be permitted to destroy

the only tribunal with power in the premises. Thedoctrine operates on the principle that a basic judge is better than no judge at all. Under such circumstances, it is the duty of thedisqualified judge to hear and decide thecontroversy, however disagreeable it may be.(Parayno v. Meneses, 231 SCRA 807 )

Sec. 4 . Judges shall not knowingly, while aproceeding is before, or could come before,them make any comment that might reasonablybe expected to affect the outcome of suchproceeding or impair the manifest fairness of theprocess. Nor shall judges make any comment inpublic or otherwise that might affect the fair trialof any person or issue.

Sec. 5. Judges shall disqualify themselves fromparticipating in any proceedings in which theyare unable to decide the matter impartially or inwhich it may appear to a reasonable observer that they are unable to decide the matter impartially. Such proceedings include, but arenot limited to, instances where:o The judge has actual bias or prejudice

concerning a party or personal knowledge of disputed evidentiary facts concerning the

proceedings;o The judge previously served as a lawyer or

was a material witness in the matter incontroversy;

o The judge, or a member of his or her family,has an economic interest in the outcome of the matter in controversy;

o The judge served as executor, administrator,guardian, trustee or lawyer in the case or

matter in controversy, or a former associateof the judge served as counsel during their association, or the judge or lawyer was amaterial witness therein;

o The judge's ruling in a lower court is thesubject of review;

o The judge is related by consanguinity or affinity to a party litigant within the sixth civildegree or to counsel within the fourth civildegree; or

o The judge knows that his or her spouse or child has a financial interest, as heir,legatee, creditor, fiduciary, or otherwise, inthe subject matter in controversy or in aparty to the proceeding, or any other interestthat could be substantially affected by theoutcome of the proceedings

GROUNDS FOR DISQUALIFICATION ANDINHIBITION OF JUDGES UNDER THE RULESOF COURT

Mandatory or Compulsory Disqualification

(Rule 131, ROC)1) He or his wife or his child is pecuniarilyinterested as heir, legatee, creditor or otherwise;

2) Relation to either party within the sixthdegree of consanguinity or affinity or tocounsel within the 4th civil degree

3) When he has been an executor, guardian,administrator, trustee or counsel;

4) When he has presided in an inferior courtwhere his ruling or decision is subject toreview.

Voluntary Inhibition

A judge may, in the exercise of his sounddiscretion disqualify himself, for just and validreasons other than those mentioned above.(Rule 137, Section 1)

This leaves the discretion to the judge to decidefor himself questions as to whether he will desistfrom sitting in case for other just and validreasons with only his conscience to guide him,unless he cannot discern for himself his inabilityto meet the test of the cold neutrality required of him, in which event the appellate court will seeto it that he disqualifies himself.

A decision to disqualify himself is not conclusiveand his competency may be determined onapplication for mandamus to compel him to act.Judge’s decision to continue hearing a case inwhich he is not legally prohibited from tryingnotwithstanding challenge to his objectivity maynot constitute reversible error.

The filing of an administrative case against a judge does not disqualify him from hearing a




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case. The court has to be shown other thanthe filing of administrative complaint, act or conduct of judge indicative of arbitrarinessor prejudice before the latter being brandedas the stigma of being biased or partial.(Lorenzo v. Marquez (1988) )

DISQUALIFICATION INHIBITIONBasis Specific and exclusive No specific

grounds BUT

there is a broadbasis for such,i.e., good, soundethical grounds

Role of the judicialofficer

Judicial officer has nodiscretion to sit or trythe case

The matter is leftto the sounddiscretion of the judge

Sec. 6. A judge disqualified as stated abovemay, instead of withdrawing from theproceeding, disclose on the records the basis of disqualification. If, based on such disclosure, theparties and lawyers independently of the judge's

participation, all agree in writing that the reasonfor the inhibition is immaterial or unsubstantial,the judge may then participate in the proceeding.The agreement, signed by all parties andlawyers, shall be incorporated in the record of the proceedings.

Rules followed by the American Bar Association:o Each step must be strictly followed. Any

deviation renders the waiver invalid. For example, the judge must affirmativelydisclose facts that might be grounds for disqualification.

o In some jurisdictions, the judge must obtaina waiver from both lawyers and parties.Waivers by lawyers alone will not suffice.

IV. Propriety

CANON 4 – PROPRIETY AND THEAPPEARANCE OF PROPRIETY AREESSENTIAL TO THE PERFORMANCE OF ALLTHE ACTIVITIES OF A. JUDGE.

MEMORY AID FOR SECTIONS UNDER CANON 4:• Avoidance of Impropriety (Sec. 1)• Acceptance of Personal Restrictions (Sec. 2)

• Avoidance of Controversy (Sec. 3)• Not participate in cases where he may be

impartial (Sec. 4)• Not allow the use of his residence by other

lawyers (Sec. 5)• Freedom of Expression (Sec. 6)• Be informed of his financial interests (Sec. 7)• Influence of Judicial Conduct (Sec. 8)• Confidential Information (Sec. 9)• Engage in other activities (Sec. 10)• Practice of Profession (Sec. 11)

• Form associations (Sec. 12)• Gifts, Requests, Loans (Sec. 13)• Gifts, Requests, Loans by staff (Sec. 14)• Permissible tokens and awards (Sec. 15)

Sec. 1. Judges shall avoid impropriety and theappearance of impropriety in all of their activities.

Whatever the motive may have been, the violentaction of the respondent in a public placeconstitutes serious misconduct and the resultantoutrage of the community ( Arban v. Borja(1989) )

It was highly improper for a judge to havewielded a high-powered firearm in public andbesieged the house of a perceived defamer of character and honor in warlike fashion andberated the object of his ire, with his firearmaimed at the victim ( Saburnido v. Madrono,Sept. 26, 2001 )

Sec. 2. As a subject of constant public scrutiny,

judges must accept personal restrictions thatmight be viewed as burdensome by theordinary citizen and should do so freely andwillingly. In particular, judges shall conductthemselves in a way that is consistent with thedignity of the judicial office.

Sec. 3. Judges shall, in their personal relationswith individual members of the legal professionwho practice regularly in their court, avoidsituations which might reasonably give rise tothe suspicion or appearance of favoritism or partiality.

Sec. 4 . Judges shall not participate in thedetermination of a case in which any member of their family represents a litigant or is associatedin any manner with the case.

This rule rests on the principle that no judgeshould preside in a case in which the judge isnot wholly free, disinterested, impartial andindependent. A judge has both the duty of rendering a just decision and the duty of doing itin a manner completely free from suspicion as tofairness and integrity. The purpose is topreserve the people’s faith and confidence in the

courts of justice. (PhilJa)Sec. 5. Judges shall not allow the use of their residence by a member of the legal profession toreceive clients of the latter or of other membersof the legal profession.

While judges are not expected to live a hermit-like existence or cease functioning as citizens of the Republic, they should remember that they




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do not disrobe themselves of their judicialoffice upon leaving their salas. In the exerciseof their civil liberties, they should be circumspectand ever mindful that their continuingcommitment to upholding the judiciary and itsvalues places upon them certain impliedrestraints to their freedom. ( Sison v. Caoibes, Jr. A.M. No. RTJ-03-1771, May 27 2004 )

Sec. 6. Judges, like any other citizen, areentitled to freedom of expression, belief,association and assembly, but in exercising suchrights, they shall always conduct themselves insuch a manner as to preserve the dignity of the judicial office and the impartiality andindependence of the judiciary.

Sec. 7. Judges shall inform themselves abouttheir personal fiduciary financial interests andshall make reasonable efforts to be informedabout the financial interests of members of their family.

Sec. 8. Judges shall not use or lend the prestigeof the judicial office to advance their privateinterests, or those of a member of their family or of anyone else, nor shall they convey or permitothers to convey the impression that anyone isin a special position improperly to influence themin the performance of judicial duties.

TICKET-FIXINGMisconduct in which judges impermissibly takeadvantage of their position to avoid traffic violations.

Sec. 9. Confidential information acquired by judges in their judicial capacity shall not be used

or disclosed by for any other purpose related totheir judicial duties.

Sec. 10. Subject to the proper performance of judicial duties, judges mayo Write, lecture, teach and participate in

activities concerning the law, the legalsystem, the administration of justice or related matters;

o Appear at a public hearing before anofficial body concerned with mattersrelating to the law, the legal system, theadministration of justice or related matters;

o

Engage in other activities if suchactivities do not detract from the dignityof the judicial office or otherwise interferewith the performance of judicial duties.

Sec. 11. Judges shall not practice law whilst theholder of judicial office.

Sec. 12. Judges may form or join associations of judges or participate in other organizationsrepresenting the interests of judges.

This rule also recognizes the difference betweenmembership in associations of judges andmembership in associations of other legalprofessionals. While attendance at lavish eventshosted by lawyers might create an appearanceof impropriety, participation in a judges-onlyorganizations does not. (PhilJa)

Sec. 13. Judges and members of their familiesshall neither ask for, nor accept, any gift,bequest, loan or favor in relation to anythingdone or to be done or omitted to be done by himor her in connection with the performance of judicial duties.

Receiving money from a party litigant is thekind of gross and flaunting misconduct onthe part of the judge, who is charged with theresponsibility of administering the law and

rendering justice. ( Ompoc v. Torre (1989) )Sec. 14. Judges shall not knowingly permit courtstaff or others subject to their influence, directionor authority, to ask for, or accept, any gift,bequest, loan or favor in relation to anythingdone or to be done or omitted to be done inconnection with their duties or functions.

Sec. 15. Subject to law and to any legalrequirements of public disclosure, judges mayreceive a token gift, award or benefit asappropriate to the occasion on which it is madeprovided that such gift, award or benefit mightnot reasonably be perceived as intended toinfluence the judge in the performance of judicialduties or otherwise give rise to an appearance of partiality.

GENERAL RULE: Judges and members of their families cannot accept gifts, etc.

EXCEPTION: Subject to legal requirements likepublic disclosure, may accept gifts providedthat it might not reasonably be perceived asintended to influence judge.

Section 7(d) of R.A. 6713 allows the following:

1) Gift of nominal value tendered and receivedas a souvenir or mark of courtesy

2) Scholarship or fellowship grant or medicaltreatment

3) Travel grants or expenses for travel takingplace entirely outside the Philippines (suchas allowances, transportation, food andlodging) of more than nominal value if suchacceptance is appropriate or consistent withthe interest of the Philippines, and permitted




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by the head office, branch or agency towhich the judge belongs.

V. Equality

CANON 5 - ENSURING EQUALITY OFTREATMENT TO ALL BEFORE THE COURTSIS ESSENTIAL TO THE DUE PERFORMANCEOF THE JUDICIAL OFFICE.

MEMORY AID FOR SECTIONS UNDER CANON 5• Understand the diversity in society (Sec. 1)• Not to manifest bias or prejudice (Sec. 2)• Not to differentiate (Sec. 3)• Not to influence staff (Sec. 4)• Attitude to parties appearing in court (Sec. 5)

This is a new Canon not found in the previoustwo Philippine Codes of Judicial Conduct. Itexpands the measures to promote equalityrequired by international human rightsagreements. Those agreements advocate auniversal application of law and non-discrimination between the sexes. (PhilJa)

Sec. 1. Judges shall be aware of, andunderstand, diversity in society and differencesarising from various sources, including but notlimited to race, color, sex, religion, nationalorigin, caste, disability, age, marital status,sexual orientation, social and economic statusand other like causes.

Sec. 2. Judges shall not, in the performance of judicial duties, by words or conduct, manifestbias or prejudice towards any person or groupon irrelevant grounds.

Rule 137, Sec. 1 of the Rules of Court expresslystates that no judge shall sit in any case whichhe has been counsel (for a party) without thewritten consent of all parties in interest, signedby them and entered upon the record. Theprohibition is not limited to cases in which a judge hears the evidence but includes aswell cases where he acts by resolvingmotions, issuing orders and the like. (In ReJudge Rojas (1998))

Sec. 3. Judges shall carry out judicial duties withappropriate consideration for all persons, suchas the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation onany irrelevant ground, immaterial to the proper performance of such duties.

Sec. 4. Judges shall not knowingly permit courtstaff 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 ground.

Sec. 5. Judges shall require lawyers inproceedings before the court to refrain frommanifesting, by words or conduct, bias or prejudice based on irrelevant grounds, exceptsuch as are legally relevant to an issue inproceedings and may be the subject of legitimate advocacy.

Women appearing as witnesses or litigants havefound themselves subjected to inappropriate, overlyfamiliar and demeaning forms of address, commentson their personal appearance, sexist remarks, “jokes”and unwelcome advances. As courts are expected toensure equality, any lawyer who makes an insensitiveor demeaning comment in court should beadmonished. (PhilJa)

The action of the judge in seizing the witness, Alberto Angel, by the shoulder and turning himabout was unwarranted and an interferencewith that freedom from unlawful personal

violence to which every witness is entitledwhile giving testimony in a court of justice. Against such conduct the appellant had the rightto protest and to demand that the incident bemade a matter of record. That he did so was notcontempt, providing protest and demand wererespectfully made and with due regard for thedignity of the court. (In Re: Aguas (1901))

VI. Competence and Diligence

CANON. 6 - COMPETENCE AND DILIGENCEARE PREREQUISITES TO THE DUEPERFORMANCE OF JUDICIAL OFFICE.

MEMORY AID FOR SECTIONS UNDER CANON 6• Duties take precedence (Sec. 1)• Perform administrative duties (Sec. 2)• Maintain professional competence (Sec. 3)• Be informed about the law (Sec. 4)• Prompt decision making (Sec. 5)• Maintain order in proceedings (Sec. 6)• Not to engage in conduct contrary to duties (Sec.

7)

Sec. 1. The judicial duties of a judge takeprecedence over all other activities.

Sec. 2. Judges shall devote their professionalactivity to judicial duties, which include not onlythe performance of judicial functions andresponsibilities in court and the making of decisions, but also other tasks relevant to the judicial office or the court's operations.

In the instant case, respondent judge impededthe speedy disposition of cases by his successor




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on account of missing records of cases. This factreflects an inefficient and disorderly system inthe recording of cases assigned to his sala.Proper and efficient court management is asmuch the judge's responsibility for the Courtpersonnel are not the guardians of a Judge'sresponsibilities. A judge is expected to ensurethat the records of cases assigned to his salaare intact. There is no justification for missingrecords save fortuitous events. The loss of notone but eight records is indicative of grossmisconduct and inexcusable negligenceunbecoming of a judge. ( Longboan v. Polig (1990) )

Sec. 3. Judges shall take reasonable steps tomaintain and enhance their knowledge, skillsand personal qualities necessary for the proper performance of judicial duties, taking advantagefor this purpose of the training and other facilitieswhich should be made available, under judicialcontrol, to judges.

Even in the remaining years of his stay in the judiciary, he should keep abreast with thechanges in the law and with the latestdecisions and precedents. Although a judge isnearing retirement, he should not relax in hisstudy of the law and court decisions. ( Abad v.Bleza (1986) )

The established doctrine and policy is thatdisciplinary proceedings and criminal actionsagainst Judges are not complementary or suppletory of, nor a substitute for, these judicialremedies, whether ordinary or extraordinary.

Resort to and exhaustion of these judicialremedies are prerequisites for the taking of other measures against the persons of the judgesconcerned.

It is only after the available judicial remedieshave been exhausted and the appellatetribunals have spoken with finality that thedoor to an inquiry into his criminal, civil, or administrative liability may be said to haveopened, or closed . (Maquiran v. Grageda, 451SCRA 15 (2005) )

Sec. 4. Judges shall keep themselves informed

about relevant developments of internationallaw, including international conventions andother instruments establishing human rightsnorms.

Sec. 5. Judges shall perform all judicial duties,including the delivery of reserved decisions,efficiently, fairly and with reasonablepromptness.

Sec. 6. Judges shall maintain order anddecorum in all proceedings before the court andbe patient, dignified and courteous in relation tolitigants, witnesses, lawyers and others withwhom the judge deals in an official capacity.Judges shall require similar conduct of legalrepresentatives, court staff and others subject totheir influence, direction or control.

Sec. 7. Judges shall not engage in conductincompatible with the diligent discharge of judicial duties.

By issuing orders indefinitely postponing thehearing of election protest, the judge in De laCruz v. Pascua manifested inefficiency in thedisposition of an election protest case and thusovertly transgressed basic mandatory rules for expeditious resolution of cases . (De la Cruz v.Pascua, 359 SCRA 568 (2001) )



LEGAL ETHICS AND FORMS REVIEWER Chapter V. DISCIPLINE OF JUDGES

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Chapter V. Discipline of Judges

I. LIABILITIES OF JUDGESII. DISCIPLINE OF MEMBERS OF THE BENCH

I. Liabilities of Judges

Statutory Basis1987 Constitution, Art. VIII, Section 11. The membersof the Supreme Court and judges of lower courts shallhold office during a good behavior until they reach theage of seventy years or become incapacitated todischarge the duties of their office. The SupremeCourt en banc shall have the power to discipline judges of lower courts, or order their dismissal by avote of majority of the Members who actually took partin the deliberations on the issues in the case andvoted thereon.

GENERAL RULE: A judge is not liableadministratively, civilly or criminally when he actswithin his power and jurisdiction.

This frees the judge from apprehension of personal consequences to himself and topreserve the integrity and independence of the judiciary.

EXCEPTION: Serious misconduct; inefficiency;gross and patent, or deliberate and maliciouserror; bad faith

MISCONDUCTWrongful intention and not mere error in judgment(Raquiza vs. Castaneda, 82 SCRA 235)

SERIOUS MISCONDUCTExists when the judicial act complained of is corrupt or

inspired by an intention to violate the law or apersistent disregard of well-known legal rules.(Galangi v. Macli-ing, Adm. Matter No. 75-DJ, Jan. 17,1978 )

SERIOUS INEFFICIENCY An example is negligence in the performance of duty,if reckless in character ( Lapena v. Collado, 76 SCRA82 )

ERROR OR IGNORANCE OF LAWError or mistake must be gross or patent, malicious,deliberate or in bad faith.Must act fraudulently, corruptly or with grossignorance.

Caveat: Not every error or mistake of a judge in theperformance of his duties makes him liable. To holdthe judge administratively accountable for everyerroneous ruling or decision he renders, assuming hehas erred, would be nothing short of harassment andwould make his position unbearable. ( Secretary of Justice v. Marcos, 76 SCRA 301 )

Misconduct implies malice or a wrongful intent,not a mere error of judgment. “For serious

misconduct to exist, there must be a reliableevidence showing that the judicial actscomplained of were corrupt or were inspired byan intention to violate the law, or were inpersistent disregard of well-known legal rules.”(In re: Impeachment of Horilleno, 43 Phil. 212 )

Inefficiency implies negligence, ignorance andcarelessness. A judge would be inexcusablynegligent if he failed to observe in theperformance of his duties that diligence,prudence and circumspection which the lawrequires in the rendition of any public service. ( Inre: Climaco, 55 SCRA 107 )

II. Discipline of Members of the Bench

GROUNDS1) Serious misconduct2) Inefficiency

Instances of Serious Misconduct Which Merited Discipline by the Supreme Court:

o Failure to deposit funds with the municipaltreasurer or produce them despite hispromise to do so ( Montemayor v. Collado,107 SCRA 258 ).

o Misappropriation of fiduciary funds(proceeds of cash bail bond) by depositingthe check in his personal account, thusconverting the trust fund into his own use(Barja v. Beracio, 74 SCRA 355 ).

o Extorting money from a party-litigant whohas a case before his court ( Haw Tay v.Singayao, 154 SCRA 107 ).

o Solicitation of donation for office equipment(Lecaroz v. Garcia ).

o Frequent unauthorized absences in office(Municipal Council of Casiguruhan, Quezonv. Morales, 61 SCRA 13 ).

Instances of Gross Inefficiency Which Merited Discipline by the Supreme Court

o Delay in the disposition of cases in violationof the Canon that a judge must promptlydispose of all matters submitted to him. With

or without the transcripts of stenographicnotes, the 90-day period for deciding casesor resolving motions must be adhered to(Balagot v. Opinion, 195 SCRA 429 ).

o Unduly granting repeated motions for postponement of a case ( Araza v. Reyes, 64SCRA 347 ).



LEGAL ETHICS AND FORMS REVIEWER Chapter V. DISCIPLINE OF JUDGES

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o Unawareness of or unfamiliarity with theapplication of the Indeterminate SentenceLaw and the duration and graduation of penalties ( In re: Paulin, 101 SCRA 605 ).

o Reducing to a ridiculous amount (P6,000.00)the bail bond of the accused in a murder case thus enabling him to escape the toils of the law ( Soriano v. Mabbayad, 67 SCRA385 ).

o Imposing the penalty of subsidiaryimprisonment on a party for failure to paycivil imdemnity in violation of R.A. 5465(Monsanto v. Palarca, 126 SCRA 45 ).

CONDUCT:Administrative cases against lower court judges and justices are automatically treatedas disbarment cases

Quantum of evidence required: Beyondreasonable doubt.

Rules for evidence: Same rules as in criminaltrials

EFFECT OF WITHDRAWAL, DESISTANCE,RETIREMENT OR PARDON

The withdrawal of the case by thecomplainant, or the filing of an affidavit of desistance or the complainant’s loss of interest does not necessarily cause thedismissal thereof. REASON: To conditionadministrative actions upon the will of everycomplainant who for one reason or another,condones a detestable act is to strip the

Supreme Court of its supervisory power todiscipline erring members of the judiciary.( Anguluan v. Taguba, 93 SCRA 179 )

Desistance will not justify the dismissal of anadministrative case if the records will reveal thatthe judge had not performed his duties.(Espayos v. Lee, 89 SCRA 478 )





LEGAL ETHICS AND FORMS REVIEWER ANNEXES

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account the members of his family dependentupon him for subsistence.

Section 3. An indigent who is the offended party,respondent or an accused in a criminal case andwho desires to avail of the preference grantedunder this Act shall file a sworn statement of thefact of his being indigent and the said swornstatement shall be sufficient basis for the courtor fiscal to give preference to the trial anddisposition of such criminal case.

Section 4. Any willful or malicious refusal on thepart of any fiscal or judge to carry out theprovisions of this Act shall constitute sufficientground for disciplinary action which may includesuspension or removal.

Section 5. This Act shall take effect upon itsapproval.

Approved: August 4, 1969.

C. RA 6034

REPUBLIC ACT No. 6034AN ACT PROVIDING TRANSPORTATION

AND OTHER ALLOWANCES FOR INDIGENTLITIGANTS.

Section 1. Any provision of existing law to thecontrary notwithstanding, any indigent litigantmay, upon motion, ask the Court for adequatetravel allowance to enable him and his indigentwitnesses to attendant the hearing of a criminalcase commenced by his complaint or filedagainst him. The allowance shall cover actualtransportation expenses by the cheapest means

from his place of residence to the court andback. When the hearing of the case requires thepresence of the indigent litigant and/or hisindigent witnesses in court the whole day or for two or more consecutive days, allowances may,in the discretion of the Court, also cover reasonable expenses for meal and lodging.

For the purpose of this Act, indigent litigantsshall include anyone who has no visible meansof income or whose income is insufficient for hisfamily as determined by the Court under Section2, hereof.

Section 2. If the court determines that thepetition for transportation allowance ismeritorious, said court shall immediately issuean order directing the provincial, city or municipal treasurer to pay the indigent litigantthe travel allowance out of any funds in hispossession and proceed without delay to the trialof the case. The provincial, city or municipaltreasurer shall hold any such payments as cash

items until reimbursed by the nationalgovernment.

Section 3. All payments of travel allowancesmade by provincial, city and municipal treasurer under this Act as of October 31 each year, shallbe transmitted to the Commissioner of theBudget not later than November 30 each year for inclusion in the annual General Appropriations Act. The necessary sum ishereby authorized to be appropriated out of thefunds in the National Treasury not otherwiseappropriated.



D. RA 6035

REPUBLIC ACT No. 6035AN ACT REQUIRING STENOGRAPHERS TO

GIVE FREE TRANSCRIPT OF NOTES TO

INDIGENT AND LOW INCOME LITIGANTSAND PROVIDING A PENALTY FOR THE

VIOLATION THEREOF.

Section 1. A stenographer who has attended ahearing before an investigating fiscal or trial judge or hearing commissioner of any quasi- judicial body or administrative tribunal and hasofficially taken notes of the proceeding thereof shall, upon written request of an indigent or lowincome litigant, his counsel or duly authorizedrepresentative in the case concerned, give withina reasonable period to be determined by thefiscal, judge, commissioner or tribunal hearingthe case, a free certified transcript of notes takeby him on the case.

Section 2. A litigant who desires to avail himself of the privilege granted under Section onehereof shall, at the investigation, hearing, or trial,establish his status as an indigent or low incomelitigant and the investigating fiscal or judge or commissioner or tribunal hearing the case shallresolve the same in the same proceeding.

For the purpose of this Act, an "indigent or lowincome litigant" shall include anyone who has novisible means of support or whose income doesnot exceed P300 per month or whose incomeeven in excess of P300 per month is insufficientfor the subsistence of his family, which fact shallbe determined by the investigating fiscal or trial judge or commissioner or tribunal hearing thecase taking into account the number of themembers of his family dependent upon him for subsistence.




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Section 3. Any stenographer who, after duehearing in accordance with the pertinentprovisions of Republic Act No. 2260, asamended, has been found to have violated theprovisions of Section one of this Act or hasunreasonable delayed the giving of a freecertified transcript of notes to an indigent or lowincome litigant shall be subject to the followingdisciplinary actions:(a) suspension from office for a period not

exceeding thirty (30) days upon finding of guilt for the first time;

(b) suspension from office for not less thanthirty (30) days and not more than sixty (60)days upon finding of guilt for the secondtime; and

(c) removal from office upon finding of guilt for the third time.

Section 4. This Act shall apply to all indigent or low income litigants who, at the time of itsapproval, have pending cases in any fiscaloffice, court, or quasi-judicial body or

administrative tribunal.Section 5. The Department of Justice shallprescribe such rules and regulations as may benecessary to carry out the purposes of this Act,and the Department Head concerned shallprovide the necessary supplies and authorizethe use of government equipment by thestenographers concerned.



E. PD 543

PRESIDENTIAL DECREE No. 543 August 21, 1974

AUTHORIZING THE DESIGNATION OFMUNICIPAL JUDGES AND LAWYERS IN ANYBRANCH OF THE GOVERNMENT SERVICETO ACT AS COUNSEL DE OFICIO FOR THEACCUSED WHO ARE INDIGENT IN PLACES

WHERE THERE ARE NO AVAILABLEPRACTICING ATTORNEYS

WHEREAS, under existing law, MunicipalJudges and other lawyers in the governmentservice are prohibited from practicing law;

WHEREAS, there are some places where thereare no available legal practitioners, as a result of which the trial of cases in court is delayed to theprejudice particularly of detention prisoners;

WHEREAS, for the protection of the rights of theaccused who cannot afford to hire lawyers from

other places and to prevent miscarriage of justice, it is necessary that they be provided withcounsel;

NOW, THEREFORE, I, FERDINAND E.MARCOS, President of the Philippines, by virtueof the powers in me vested by the Constitutionas commander-in-Chief of the Armed Forces of the Philippines, and pursuant to ProclamationNo. 1081, dated September 21, 1972, andGeneral Order No. 1, dated September 22,1972, as amended, do hereby order and decreeas follows:

Section 1. Designation of Municipal Judges andlawyers in any branch of the governmentservice, as counsel de oficio. In places wherethere are no available practicing lawyers, theDistrict Judge or Circuit Criminal Court Judgeshall designate a municipal judge or a lawyer employed in any branch, subdivision or instrumentality of the government within theprovince, as counsel de oficio for an indigentperson who is facing a criminal charge beforehis court, and the services of such counsel deoficio shall be duly compensated by theGovernment in accordance with Section thirty-two, Rule One Hundred Thirty Eight of the Rulesof Court.

If the criminal case wherein the services of acounsel de oficio are needed is pending before aCity or municipal court, the city or municipal judge concerned shall immediately recommendto the nearest District Judge the appointment of a counsel de oficio, and the District Judge shallforthwith appoint one in accordance with the

preceding paragraph.For purposes of this Decree an indigent personis anyone who has no visible means of supportor whose income does not exceed P300 per month or whose income even in excess of P300is insufficient for the subsistence of his family,which fact shall be determined by the Judge inwhose court the case is pending, taking intoaccount the number of the members of his familydependent upon him for subsistence.

Section 2. Repealing Clause. All laws anddecrees inconsistent with this Decree are hereby

repealed.

Section 3. Effectivity. This Decree shall takeeffect immediately.

DONE in the City of Manila, this 21st day of August, in the year of Our Lord, nineteenhundred and seventy-four.




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F. A.M. No. 08-11-7-SC (IRR)

A.M. No. 08-11-7-SC (IRR)September 10, 2009

Re: Rule on the Exemption From thePayment of Legal Fees of the Clients of theNational Committee on Legal Aid and of theLegal Aid Offices in the Local Chapters of the

Integrated Bar of the PhilippinesRule on the Exemption From the Payment of Legal Fees of the Clients of the NationalCommittee on Legal Aid (NCLA) and of theLegal Aid Offices in the Local Chapters of theIntegrated Bar of the Philippines (IBP)

ARTICLE IPurpose

Section 1. Purpose . – This Rule is issued for thepurpose of enforcing the right of free access tocourts by the poor guaranteed under Section 11, Article III of the Constitution. It is intended to

increase the access to justice by the poor byexempting from the payment of legal feesincidental to instituting an action in court, as anoriginal proceeding or on appeal, qualifiedindigent clients of the NCLA and of the legal aidoffices in local IBP chapters nationwide.

ARTICLE IIDefinition of Terms

Section 1. Definition of important terms . – For purposes of this Rule and as used herein, thefollowing terms shall be understood to be howthey are defined under this Section:

(a) "Developmental legal aid" means therendition of legal services in public interestcauses involving overseas workers,fisherfolk, farmers, laborers, indigenouscultural communities, women, children andother disadvantaged groups andmarginalized sectors;

(b) "Disinterested person" refers to the punong barangay having jurisdiction over the placewhere an applicant for legal aid or client of the NCLA or chapter legal aid office resides;

(c) "Falsity" refers to any materialmisrepresentation of fact or any fraudulent,

deceitful, false, wrong or misleadingstatement in the application or affidavitssubmitted to support it or the affidavit of adisinterested person required to besubmitted annually under this Rule whichmay substantially affect the determination of the qualifications of the applicant or theclient under the means and merit tests;

(d) "Legal fees" refers to the legal fees imposedunder Rule 141 of the Rules of Court as a

necessary incident of instituting an action incourt either as an original proceeding or onappeal. In particular, it includes filing or docket fees, appeal fees, fees for issuanceof provisional remedies, mediation fees,sheriff’s fees, stenographer’s fees (that isfees for transcript of stenographic notes)and commissioner’s fees;

(e) "Means test" refers to the set of criteria usedto determine whether the applicant is onewho has no money or property sufficient andavailable for food, shelter and basicnecessities for himself and his family;

(f) "Merit test" refers to the ascertainment of whether the applicant’s cause of action or his defense is valid and whether thechances of establishing the same appear reasonable and

(g) "Representative" refers to the personauthorized to file an application for legal aidin behalf of the applicant when the saidapplicant is prevented by a compellingreason from personally filing his application. As a rule, it refers to the immediate familymembers of the applicant. However, it mayinclude any of the applicant’s relatives or any person or concerned citizen of sufficientdiscretion who has first-hand knowledge of the personal circumstances of the applicantas well as of the facts of the applicant’scase.

ARTICLE IIICoverage

Section 1. Persons qualified for exemption from payment of legal fees . – Persons who shallenjoy the benefit of exemption from the paymentof legal fees incidental to instituting an action incourt, as an original proceeding or on appeal,granted under this Rule shall be limited only toclients of the NCLA and the chapter legal aidoffices.

The said clients shall refer to those indigentsqualified to receive free legal aid service fromthe NCLA and the chapter legal aid offices. Their qualifications shall be determined based on thetests provided in this Rule.

Section 2. Persons not covered by the Rule . –The following shall be disqualified from thecoverage of this Rule. Nor may they be acceptedas clients by the NCLA and the chapter legal aidoffices.(a) Juridical persons; except in cases covered

by d evelopmental legal aid or public interestcauses involving juridical entities which arenon-stock, non-profit organizations, non-governmental organizations and people’s




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organizations whose individual members willpass the means test provided in this Rule;

(b) Persons who do not pass the means andmerit tests;

(c) Parties already represented by a counsel de parte ;

(d) Owners or lessors of residential lands or buildings with respect to the filing of collection or unlawful detainer suits againsttheir tenants and

(e) Persons who have been clients of the NCLAor chapter legal aid office previously in acase where the NCLA or chapter legal aidoffice withdrew its representation because of a falsity in the application or in any of theaffidavits supporting the said application.

Section 3. Cases not covered by the Rule . – TheNCLA and the chapter legal aid offices shall nothandle the following:(a) Cases where conflicting interests will be

represented by the NCLA and the chapter legal aid offices and

(b) Prosecution of criminal cases in court. ARTICLE IV

Tests of Indigency

Section 1. Tests for determining who may beclients of the NCLA and the legal aid offices inlocal IBP chapters . – The NCLA or the chapter legal aid committee, as the case may be, shallpass upon requests for legal aid by thecombined application of the means and merittests and the consideration of other relevantfactors provided for in the following sections.

Section 2. Means test; exception . – (a) This testshall be based on the following criteria: (i) theapplicant and that of his immediate family musthave a gross monthly income that does notexceed an amount double the monthly minimumwage of an employee in the place where theapplicant resides and (ii) he does not own realproperty with a fair market value as stated in thecurrent tax declaration of more than ThreeHundred Thousand (P300,000.00) Pesos.

In this connection, the applicant shall execute anaffidavit of indigency (printed at the back of theapplication form) stating that he and his

immediate family do not earn a gross incomeabovementioned, nor own any real property withthe fair value aforementioned, supported by anaffidavit of a disinterested person attesting to thetruth of the applicant’s affidavit. The latestincome tax return and/or current tax declaration,if any, shall be attached to the applicant’saffidavit.

(b) The means test shall not be applicable toapplicants who fall under the developmentallegal aid program such as overseas workers,fisherfolk, farmers, laborers, indigenous culturalcommunities, women, children and other disadvantaged groups.

Section 3. Merit test . – A case shall beconsidered meritorious if an assessment of thelaw and evidence at hand discloses that thelegal service will be in aid of justice or in thefurtherance thereof, taking into consideration theinterests of the party and those of society. Acase fails this test if, after consideration of thelaw and evidence presented by the applicant, itappears that it is intended merely to harass or injure the opposite party or to work oppressionor wrong.

Section 4. Other relevant factors that may beconsidered . – The effect of legal aid or of thefailure to render the same upon the rule of law,the proper administration of justice, the publicinterest involved in a given case and the practiceof law in the locality shall likewise be considered.

ARTICLE V Acceptance and Handling of Cases

Section 1. Procedure in accepting cases . – Thefollowing procedure shall be observed in theacceptance of cases for purposes of this Rule:(a) Filing of application – An application shall be

made personally by the applicant, unlessthere is a compelling reason which preventshim from doing so, in which case hisrepresentative may apply for him. It shall

adhere substantially to the form made for that purpose. It shall be prepared andsigned by the applicant or, in proper cases,his duly authorized representative in at leastthree copies.

Applications for legal aid shall be filedwith the NCLA or with the chapter legal aidcommittee.

The NCLA shall, as much as possible,concentrate on cases of paramountimportance or national impact.

Requests received by the IBP NationalOffice shall be referred by the NCLA to theproper chapter legal aid committee of thelocality where the cases have to be filed or are pending. The chapter president and thechairman of the chapter ’s legal aidcommittee shall be advised of such referral.

(b) Interview – The applicant shall beinterviewed by a member of the chapter legal aid committee or any chapter member authorized by the chapter legal aidcommittee to determine the applicant’s




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qualifications based on the means and merittests and other relevant factors. He shallalso be required to submit copies of hislatest income tax returns and/or current taxdeclaration, if available, and execute anaffidavit of indigency printed at the back of the application form with the supportingaffidavit of a disinterested person attestingto the truth of the applicant’s affidavit. lawph!l

After the interview, the applicant shall beinformed that he can follow up the action onhis application after five (5) working days.

(c) Action on the application – The chapter legalaid committee shall pass upon every requestfor legal aid and submit its recommendationto the chapter board of officers within three(3) working days after the interview of theapplicant. The basis of the recommendationshall be stated.

The chapter board of officers shallreview and act on the recommendation of the chapter legal aid committee within two(2) working days from receipt thereof;Provided , however, that in urgent mattersrequiring prompt or immediate action, thechapter’s executive director of legal aid or whoever performs his functions mayprovisionally act on the application, subjectto review by the chapter legal aid committeeand, thereafter, by the chapter board of officers.

The action of the chapter board of officers on the application shall be final.

(d) Cases which may be provisionally accepted . – In the following cases, the NCLA or thechapter legal aid office, through the

chapter’s executive director of legal aid or whoever performs his functions may acceptcases provisionally pending verification of the applicant’s indigency and an evaluationof the merit of his case.(i) Where a warrant for the arrest of the

applicant has been issued;(ii) Where a pleading has to be filed

immediately to avoid adverse effects tothe applicant;

(iii) Where an appeal has to be urgentlyperfected or a petition for certiorari,prohibition or mandamus filed has to befiled immediately; and

(iv) Other similar urgent cases.(e) Assignment of control number – Upon

approval of the chapter board of officers of aperson’s application and the applicant isfound to be qualified for legal assistance, thecase shall be assigned a control number.The numbering shall be consecutive startingfrom January to December of every year.

The control number shall also indicate theregion and the chapter handling the case.

Example:Region Chapter Year Month Number GM - Manila - 2009 - 03 - 099

(f) Issuance of a certification – After anapplication is approved and a controlnumber duly assigned, the chapter board of officers shall issue a certification that theperson (that is, the successful applicant) is aclient of the NCLA or of the chapter legal aidoffice. The certification shall bear the controlnumber of the case and shall state the nameof the client and the nature of the judicialaction subject of the legal aid of the NCLA or the legal aid office of a local IBP chapter.

The certification shall be issued to thesuccessful applicant free of charge.

Section 2. Assignment of cases . – After a caseis given a control number, the chapter board of officers shall refer it back to the chapter legal aidcommittee. The chapter legal aid committee

shall assign the case to any chapter member who is willing to handle the case.

In case no chapter member has signified anintention to handle the case voluntarily, thechapter legal aid committee shall refer thematter to the chapter board of officers together with the names of at least three members who,in the chapter legal aid committee’s discretion,may competently render legal aid on the matter.The chapter board of officers shall appoint onechapter member from among the list of namessubmitted by the chapter legal aid committee.The chapter member chosen may not refuse theappointment except on the ground of conflict of interest or other equally compelling grounds asprovided in the Code of ProfessionalResponsibility, in which case the chapter boardof officers shall appoint his replacement fromamong the remaining names in the listpreviously submitted by the chapter legal aidcommittee.

The chapter legal aid committee and the chapter board of officers shall take the necessarymeasures to ensure that cases are well-distributed to chapter members.

Section 3. Policies and guidelines in theacceptance and handling of cases . – Thefollowing policies and guidelines shall beobserved in the acceptance and handling of cases:(a) First come, first served – Where both the

complainant/plaintiff/petitioner anddefendant/ respondent apply for legal aid




71


and both are qualified, the first to seekassistance shall be given preference.

(b) Avoidance of conflict of interest – Whereacceptance of a case will give rise to aconflict of interest on the part of the chapter legal aid office, the applicant shall be dulyinformed and advised to seek the services of a private counsel or another legal aidorganization.

Where handling of the case will give riseto a conflict of interest on the part of thechapter member assigned to the case, theclient shall be duly informed and advisedabout it. The handling lawyer shall alsoinform the chapter legal aid committee sothat another chapter member may beassigned to handle the case. For purposesof choosing the substitute handling lawyer,the rule in the immediately preceding sectionshall be observed.

(c) Legal aid is purely gratuitous and honorary –No member of the chapter or member of thestaff of the NCLA or chapter legal aid officeshall directly or indirectly demand or requestfrom an applicant or client anycompensation, gift or present for legal aidservices being applied for or rendered.

(d) Same standard of conduct and equaltreatment – A chapter member who istasked to handle a case accepted by theNCLA or by the chapter legal aid office shallobserve the same standard of conductgoverning his relations with paying clients.He shall treat the client of the NCLA or of the chapter legal aid office and the saidclient’s case in a manner that is equal and

similar to his treatment of a paying client andhis case.(e) Falsity in the application or in the affidavits –

Any falsity in the application or in theaffidavit of indigency or in the affidavit of adisinterested person shall be sufficientcause for the NCLA or chapter legal aidoffice to withdraw or terminate the legal aid.For this purpose, the chapter board of officers shall authorize the handling lawyer to file the proper manifestation of withdrawalof appearance of the chapter legal aid officein the case with a motion for the dismissal of the complaint or action of the erring client.The court, after hearing, shall approve thewithdrawal of appearance and grant themotion, without prejudice to whatever criminal liability may have been incurred.

Violation of this policy shall disqualifythe erring client from availing of the benefitsof this Rule in the future.

(f) Statement in the initiatory pleading – Toavail of the benefits of the Rule, the initiatory

pleading shall state as an essentialpreliminary allegation that (i) the partyinitiating the action is a client of the NCLA or of the chapter legal aid office and thereforeentitled to exemption from the payment of legal fees under this Rule and (ii) a certifiedtrue copy of the certification issued pursuantto Section 1(e), of this Article is attached or annexed to the pleading.

Failure to make the statement shall be aground for the dismissal of the action withoutprejudice to its refiling.

The same rule shall apply in case theclient, through the NCLA or chapter legal aidoffice, files an appeal.

(g) Attachment of certification in initiatorypleading – A certified true copy of thecertification issued pursuant to Section 1(e),of this Article shall be attached as an annexto the initiatory pleading.

Failure to attach a certified true copy of the said certification shall be a ground for the dismissal of the action without prejudiceto its refiling.

The same rule shall apply in case theclient, through the NCLA or chapter legal aidoffice, files an appeal.

(h) Signing of pleadings – All complaints,petitions, answers, replies, memoranda andother important pleadings or motions to befiled in courts shall be signed by thehandling lawyer and co-signed by thechairperson or a member of the chapter legal aid committee, or in urgent cases, bythe executive director of legal aid or whoever performs his functions.

Ordinary motions such as motions for extension of time to file a pleading or for postponement of hearing and manifestationsmay be signed by the handling lawyer alone.

(i) Motions for extension of time or for postponement – The filing of motions for extension of time to file a pleading or for postponement of hearing shall be avoidedas much as possible as they cause delay tothe case and prolong the proceedings.

(j) Transfer of cases – Transfer of cases fromone handling lawyer to another shall beaffected only upon approval of the chapter legal aid committee.

Section 4. Decision to appeal . –(a) All appeals must be made on the request of

the client himself. For this purpose, the clientshall be made to fill up a request to appeal.

(b) Only meritorious cases shall be appealed. If the handling lawyer, in consultation with thechapter legal aid committee, finds that thereis no merit to the appeal, the client should






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Section 2. Duty of NCLA to prepare forms . – TheNCLA shall prepare the standard forms to beused in connection with this Rule. In particular,the NCLA shall prepare the following standardforms: the application form, the affidavit of indigency, the supporting affidavit of adisinterested person, the affidavit of adisinterested person required to be submittedannually under Section 2(b), Article VI, thecertification issued by the NCLA or the chapter board of officers under Section 1(f), Article V andthe request to appeal.

The said forms, except the certification, shall bein Filipino. Within sixty (60) days from receipt of the forms from the NCLA, the chapter legal aidoffices shall make translations of the said formsin the dominant dialect used in their respectivelocalities.

Section 3. Effect of Rule on right to bring suits informa pauperis . – Nothing in this Rule shall beconsidered to preclude those persons notcovered either by this Rule or by the exemptionfrom the payment of legal fees granted to clientsof the Public Attorney’s Office under Section 16-D of RA 9406 to litigate in forma pauperis under Section 21, Rule 3 and Section 19 Rule 141 of the Rules of Court.

Section 4. Compliance with Rule on Mandatory Legal Aid Service . – Legal aid service renderedby a lawyer under this Rule either as a handlinglawyer or as an interviewer of applicants under Section 1(b), Article IV hereof shall be creditedfor purposes of compliance with the Rule onMandatory Legal Aid Service.

The chairperson of the chapter legal aid officeshall issue the certificate similar to that issued bythe Clerk of Court in Section 5(b) of the Rule onMandatory Legal Aid Service.

ARTICLE VIIIEffectivity

Section 1. Effectivity . – This Rule shall becomeeffective after fifteen days following itspublication in a newspaper of general circulation.

September 10, 2009

Special Law on Retired Justices andJudges (RA 910)

REPUBLIC ACT NO. 910AN ACT TO PROVIDE FOR THE

RETIREMENT OF JUSTICES OF THESUPREME COURT AND OF THE COURT OF

APPEALS, FOR THE ENFORCEMENT OF THE

PROVISIONS HEREOF BY THEGOVERNMENT SERVICE INSURANCESYSTEM, AND TO REPEAL

COMMONWEALTH ACT NUMBERED FIVEHUNDRED AND THIRTY-SIX

Section 1. When a justice of the SupremeCourt or of the court of Appeals, a judge of Courtof First Instance, Industrial Relations, AgrarianRelations, Tax Appeals, Juvenile and DomesticRelations, or a city or municipal judge who hasrendered at least twenty-five years service in the judiciary or in any other branch of thegovernment, or in both, (a) retires for havingattained the age of seventy years, or (b) resignsby reason of his incapacity to discharge theduties of his office, he shall receive during theresidue of his natural life, in the manner hereinafter provided, the salary which he wasreceiving at the time of his retirement or resignation. And when a justice of the SupremeCourt or of the Court of Appeals, a judge of Court of First Instance, Industrial Relations, Agrarian Relations, Tax Appeals, Juvenile andDomestic Relations, or a city or municipal judgehas attained the age of sixty years and hasrendered at least twenty-five years of service inthe Government, the last five of which shall havebeen continuously rendered in the judiciary, heshall likewise be entitled to retire and receiveduring the residue of his natural life, also in themanner hereinafter provided, the salary whichhe was then receiving. It is a condition of thepension provided herein that no retiring justice or judge of a court of record or city or municipal judge during the time that he is receiving saidpension shall appear as counsel before anycourt in any civil case wherein the Governmentor any subdivision or instrumentality thereof isthe adverse party, or in any criminal case

wherein an officer or employee of theGovernment is accused of an offense committedin relation to his office, or collect any fee for hisappearance in any administrative proceedings tomaintain an interest adverse to the Government,national, provincial or municipal, or to any of itslegally constituted officers. It is also a conditionof the pension provided for herein that when amember of the judiciary entitled to the benefits of this Act shall assume an elective public office,




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he shall not, upon assumption of office andduring his term, receive the monthly pension duehim. (As amended by RA 5095, June 17, 1967)

Section 2. In case of a justice of the SupremeCourt or Court of Appeals or a judge of the Courtof First Instance, Circuit Criminal Court, AgrarianRelations, Tax Appeals, Juvenile and DomesticRelations, city or municipal court, or any other court hereafter established, dies while in actualservice, his heirs shall receive a lump sum of five years gratuity computed on the basis of thehighest monthly salary plus the highest monthlyaggregate of transportation, l iving andrepresentation allowances received by him assuch Justice or Judges, if by reason of his lengthof service in the Government he was alreadyentitled to the benefits of this Act. The samebenefits provided for in this section shall beextended to any incumbent justice of theSupreme Court or the Court of Appeals, or a judge of the Court of First Instance, CircuitCriminal Court, Agrarian Relations, Tax Appeals,Juvenile and Domestic Relations, or city or municipal court, or any other court hereafter established, as the case may be, who, withouthaving attained the length of service required inSection one hereof shall have to retire uponreaching the age of sixty five years, or uponother causes, such illness or permanent physicaldisability, to be certified to by the tribunal towhich the justice concerned belongs, or by theSupreme Court in the case of an incumbent judge of the Court of First Instance, and other similar courts of record, or a city or municipal judge, which render him incapacitated to

continue in his position. (As amended by PD1438, June 10, 1978)

Section 3. Upon retirement, a justice of theSupreme Court or of the Court of Appeals, of a judge of the Court of First Instance, CircuitCriminal Court, Agrarian Relations, Tax Appeals,Juvenile and Domestic Relations, city or municipal court, or any other court hereafter established shall be automatically entitled to alump sum of five year gratuity computed on thebasis of highest monthly salary plus the highestmonthly aggregate of transportation, living andrepresentation allowances he was receiving onthe date of his retirement; Provided, however,That if the reason for the retirement be anypermanent disability contracted during hisincumbency in office and prior to the date of retirement he shall receive only a gratuityequivalent to ten years' salary and allowancesaforementioned with no further annuity payablemonthly during the rest of the retiree's naturallife. (As amended by PD 1438, June 10, 1978)

Section 4. A retiring justice, judge of a court of record, or a city or municipal judge who isentitled to the benefits of any prior retirementgratuity Act shall have the option to choosebetween the benefits in such Acts and thoseherein provided for, and in such case he shall beentitled only to the benefits so chosen: Provided,however, That a justice, judge of a court of record, or a city or municipal judge retired under any prior statement Act and who is thereafter appointed to the Supreme court, or to the Courtof Appeals, or to the Court of First Instance,Industrial Relations, Agrarian Relations, Tax Appeals, or Juvenile and Domestic Relations, asthe case may be, shall be entitled to the benefitsof this Act on condition that, in case he has notfully refunded to the Government the gratuitypreviously received by him, there shall bededucted from the amount payable to him under this Act such monthly installments as arerequired in Section six of Act Numbered Four thousand fifty one, as amended, until the gratuityalready received by him shall have beenrefunded in full. (As amended by RA 5095, June17, 1967)

Section 5. The Government Service Systemshall take charge of the enforcement andoperation of this Act, and no justice of theSupreme Court, of the Court of Appeals, or judge of the Court of First Instance, IndustrialRelations, Agrarian Relations, tax Appeals,Juvenile and Domestic Relations, or city or municipal judge shall be entitled to receive anygratuity or pension herein provided for unlessfrom the month following the approval of this Act,

in case of an actual incumbent, or from themonth following his appointment andqualification as such, in case of a futureappointment, he shall have contributed to thefunds of the System by paying a monthlypremium in accordance with following rates,which fund shall also be made available for thepayment of the benefits of this Act:

Officials Rate per month

Municipal judges P40.00

All others 100.00

(As amended by RA 5095, June 17, 1967)

Section 6. Commonwealth Act Numbered Fivehundred and thirty-six and any other provision inconflict with this Act are hereby repealed.Section 7. This Act shall take effect upon itsapproval.

Approved: June 20, 1953






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2004 Rules on Notarial Practice(Aug. 1, 2004)

RULE IIMPLEMENTATION

Sec. 1. Title. - 2004 Rules on Notarial Practice.

Sec. 2. Purposes. -

a. promote, serve, and protect publicinterest;b. simplify, clarify, and modernize the rules

governing notaries public; andc. foster ethical conduct among notaries

public.

Sec. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in thesingular include the plural , and words in theplural include the singular .

RULE II

DEFINITIONSSec. 1. Acknowledgment. - refers to an act inwhich an individual on a single occasion:a. appears in person before the notary public

and presents an integrally completeinstrument or document;

b. attested to be personally known to thenotary public or identified by the notarypublic through competent evidence of identity as defined by these Rules; and

c. represents to the notary public that the signature was voluntarily affixed

by him , declares execution of document as free

and voluntary act and deed , and, if he acts in a particular representative

capacity, that he has the authority tosign in that capacity .

Sec. 2. Affirmation or Oath. - refers to an act inwhich an individual on a single occasion:a. appears in person before the notary public;b. is personally known to the notary public

or identified by the notary public throughcompetent evidence of identity as defined bythese Rules; and

c. avows under penalty of law to the wholetruth of the contents of the instrument or document.

Sec. 3. Commission. - grant of authority toperform notarial acts and to the written evidenceof the authority.

Sec. 4. Copy Certification. - refers to a notarialact in which a notary public:a. is presented with an instrument or

document that is neither a vital record, apublic record, nor publicly recordable;

b. copies or supervises the copying of theinstrument or document;

c. compares the instrument or document withthe copy; and

d. determines that the copy is accurate andcomplete.

Sec. 5. Notarial Register. - refers to apermanently bound book with numberedpages containing a chronological record of notarial acts performed by a notary public .

Sec. 6. Jurat. - refers to an act in which anindividual on a single occasion :a. appears in person before the notary public

and presents an instrument or document;b. is personally known to the notary public or

identified by the notary public throughcompetent evidence of identity as defined bythese Rules;

c. signs the instrument or document in thepresence of the notary; and

d. takes an oath or affirmation before thenotary public as to such instrument or document.

Sec. 7. Notarial Act and Notarization. – any actthat a notary public is empowered to performunder these Rules.

Sec. 8. Notarial Certificate. - refers to the part

of, or attachment to, a notarized instrumentor document that is completed by the notarypublic, bears the

notary's signature and seal , and states the facts attested to by the

notary public in a particular notarizationas provided for by these Rules.

Sec. 9. Notary Public and Notary. - refer to anyperson commissioned to perform official actsunder these Rules.

Sec. 10. Principal. - person appearing before the

notary public whose act is the subject of notarization.

Sec. 11. Regular Place of Work or Business. -refers to a stationary office in the city or province wherein the notary public renders legaland notarial services.

Sec. 12. Competent Evidence of Identity. - refersto the identification of an individual based on:




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a. at least one current identificationdocument issued by an official agencybearing the photograph and signature of the individual; or

b. the oath or affirmation of one credible witness not privy to the

instrument , document or transactionwho is personally known to the notarypublic and who personally knows theindividual , or

of two credible witnesses neither of whom is privy to the instrument,document or transaction who eachpersonally knows the individual andshows to the notary public documentaryidentification.

Sec. 13. Official Seal or Seal. - a device for affixing a mark , image or impression on allpapers officially signed by the notary publicconforming the requisites prescribed by theseRules.

Sec. 14. Signature Witnessing. - notarial act inwhich an individual on a single occasion:a. appears in person before the notary public

and presents an instrument or document;b. is personally known to the notary public or

identified by the notary public throughcompetent evidence of identity as defined bythese Rules; and

c. signs the instrument or document in thepresence of the notary public.

Sec. 15. Court. - refers to the Supreme Court of the Philippines.

Sec. 16. Petitioner. - refers to a person whoapplies for a notarial commission.

Sec. 17. Office of the Court Administrator. -refers to the Office of the Court Administrator of the Supreme Court.

Sec. 18. Executive Judge. - refers to theExecutive Judge of the Regional Trial Court of acity or province who issues a notarialcommission.

Sec. 19. Vendor - refers to a seller of a notarialseal and shall include a wholesaler or retailer.

Sec. 20. Manufacturer- refers to one whoproduces a notarial seal and shall include anengraver and seal maker.

RULE IIICOMMISSIONING OF NOTARY PUBLIC

Sec. 1. Qualifications. - may be issued by anExecutive Judge to any qualified person whosubmits a petition in accordance with theseRules.To be eligible for commissioning as notarypublic, the petitioner must be:1. Filipino citizen ;2. over 21 years of age ;3. a resident in the Philippines for at least

one (1) year and maintains a regular placeof work or business in the city or provincewhere the commission is to be issued;

4. member of the Philippine Bar in goodstanding with clearances from the Office of the Bar Confidant of the Supreme Court andthe Integrated Bar of the Philippines; and

5. not have been convicted in the firstinstance of any crime involving moralturpitude.

Sec. 2. Form of the Petition and SupportingDocuments. - Every petition for a notarialcommission shall be in writing, verified, andshall include the following:a. statement containing the petitioner's

personal qualifications (date of birth,residence, telephone number, professionaltax receipt, roll of attorney's number and IBPmembership number); ,

b. certification of good moral character of the petitioner by at least two (2) executiveofficers of the local chapter of the IntegratedBar of the Philippines where he is applying

for commission;c. proof of payment for the filing of thepetition as required by these Rules; and

d. three (3) passport-size color photographswith light background taken within thirty (30)days of the application. The photographshould not be retouched. The petitioner shallsign his name at the bottom part of thephotographs.

Sec. 3. Application Fee. - Every petitioner for anotarial commission shall pay the application feeas prescribed in the Rules of Court.

Sec. 4. Summary Hearing on the Petition. - TheExecutive Judge shall conduct a summaryhearing on the petition and shall grant the sameif:a. petition is sufficient in form and

substance ;b. the petitioner proves the allegations

contained in the petition ; and




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c. the petitioner establishes to the satisfactionof the Executive Judge that he has readand fully understood these Rules.

The Executive Judge shall forthwith issue acommission and a Certificate of Authorization to Purchase a Notarial Seal infavor of the petitioner.

Sec. 5. Notice of Summary Hearing. –a. shall be published in a newspaper of

general circulation in the city or provincewhere the hearing shall be conductedand posted in a conspicuous place in theoffices of the Executive Judge and of theClerk of Court . The cost of the publicationshall be borne by the petitioner. The noticemay include more than one petitioner.

b. shall be substantially in the following form;NOTICE OF HEARINGNotice is hereby given that a summaryhearing on the petition for notarialcommission of (name of petitioner) shallbe held on (date) at (place) at (time). Any person who has any cause or reason to object to the grant of thepetition may file a verified writtenopposition thereto, received by theundersigned before the date of thesummary hearing. ______________ Executive Judge

Sec. 6. Opposition to Petition. - Any person whohas any cause or reason to object to the grant of the petition may file a verified written oppositionthereto. The opposition must be received by

the Executive Judge before the date of thesummary hearing.

Sec. 7. Form of Notarial Commission. - shall bein a formal order signed by the ExecutiveJudge substantially in the following form:

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT OF __________ This is to certify that (name of notarypublic) of (regular place of work or business) in (city or province) was onthis (date) day of (month) two thousandand (year) commissioned by theundersigned as a notary public, withinand for the said jurisdiction, for a termending the thirty-first day of December (year) _______________ Executive Judge

Sec. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. - validfor a period of three (3) months from date of issue , unless extended by the Executive Judge.

A mark, image or impression of the sealthat may be purchased by the notarypublic pursuant to the Certificate shallbe presented to the Executive Judge for approval prior to use.

Sec. 9. Form of Certificate of Authorization toPurchase a Notarial Seal. - shall substantially bein the following form:

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURTOF___________ CERTIFICATE OF AUTHORIZATIONTO PURCHASE A NOTARIAL SEALThis is to authorize (name of notarypublic) of (city or province) who wascommissioned by the undersigned as anotary public, within and for the said jurisdiction, for a term ending, the thirty-first of December (year) to purchase anotarial seal.Issued this (day) of (month) (year). _______________ Executive Judge

Sec. 10. Official Seal of Notary Public. - Everyperson commissioned as notary public shallhave only one official seal of office inaccordance with these Rules.

Sec. 11. Jurisdiction and Term. - in any place

within the territorial jurisdiction of thecommissioning court for a period of two (2)years commencing the first day of January of the year in which the commissioning ismade , unless earlier revoked or the notarypublic has resigned under these Rules and theRules of Court.

Sec. 12. Register of Notaries Public. - TheExecutive Judge shall keep and maintain aRegister of Notaries Public in his jurisdictionwhich shall contain, among others, the

1. dates of issuance or revocation or

suspension of notarial commissions,and2. the resignation or death of notaries

public. The Executive Judge shall

furnish the Office of Court Administrator (OCA) informationand data recorded in theregister of notaries public.




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The OCA shall keep apermanent, complete andupdated database of suchrecords.

Sec. 13. Renewal of Commission. –1. file a written application with the

Executive Judge for the renewal of commission

2. within forty-five (45) days before theexpiration

3. A mark, image or impression of the sealof the notary public shall be attached tothe application.

Failure to file said application will result inthe deletion of the name of the notary publicin the register of notaries public.

The notary public thus removed may only bereinstated therein after he is issued a newcommission in accordance with these Rules.

Sec. 14. Action on Application for Renewal of Commission. - The Executive Judge shall

1. upon payment of the application feementioned in Section 3 above of thisRule,

2. act on an application for the renewalof a commission within thirty (30)days from receipt

3. If the applicat ion is denied, theExecutive Judge shall state the reasons.

RULE IVPOWERS AND LIMITATIONS OF NOTARIESPUBLIC

Sec. 1. Powers. – A notary public isa. empowered to perform the followingnotarial acts:1. acknowledgments;2. oaths and affirmations;3. jurats;4. signature witnessings;5. copy certifications; and6. any other act authorized by these

Rules .b. authorized to certify the affixing of a

signature by thumb or other mark on aninstrument or document presented for

notarization if:1. the thumb or other mark is affixed in thepresence of the notary public and of two(2) disinterested and unaffectedwitnesses to the instrument or document;

2. both witnesses sign their own names inaddition to the thumb or other mark;

3. the notary public writes below the thumbor other mark: "Thumb or Other Mark

affixed by (name of signatory by mark)in the presence of (names andaddresses of witnesses) andundersigned notary public"; and

4. the notary public notarizes the signatureby thumb or other mark through anacknowledgment, jurat, or signaturewitnessing.

c. authorized to sign on behalf of a personwho is physically unable to sign or makea mark on an instrument or document if:1. the notary public is directed by the

person unable to sign or make a mark tosign on his behalf;

2. the signature of the notary public isaffixed in the presence of twodisinterested and unaffected witnessesto the instrument or document;

3. both witnesses sign their own names ;4. the notary public writes below his

signature: "Signature affixed by notary inpresence of (names and addresses of person and two \2] witnesses)"; and

5. the notary public notarizes his signatureby acknowledgment or jurat.

Sec. 2. Prohibitions. –a. shall not perform a notarial act outside

his regular place of work or business ; EXCEPTION: a notarial act may be

performed at the request of the partiesin the following sites located within histerritorial jurisdiction:

1. public offices, convention halls , andsimilar places where oaths of office maybe administered;

2. public function areas in hotels andsimilar places for the signing of instruments or documents requiringnotarization;

3. hospitals and other medicalinstitutions where a party to aninstrument or document is confined for treatment; and

4. any place where a party to aninstrument or document requiringnotarization is under detention.

b. shall not perform a notarial act if the personinvolved as signatory to the instrument

or document -1. is not in the notary's presencepersonally at the time of thenotarization; and

2. is not personally known to the notarypublic or otherwise identified by thenotary public through competentevidence of identity as defined by theseRules.




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Sec. 3. Disqualifications. - A notary public isdisqualified from performing a notarial act if he:a. is a party to the instrument or document

that is to be notarized;b. will receive, as a direct or indirect result,

any commission , fee, advantage, right,title, interest, cash, property, or other consideration, except as provided by theseRules and by law; or

c. is a spouse, common-law partner,ancestor, descendant, or relative byaffinity or consanguinity of the principalwithin the fourth civil degree.

Sec. 4. Refusal to Notarize. - A notary publicshall not perform any notarial act described inthese Rules for any person requesting such anact even if he tenders the appropriate feespecified by these Rules if:a. notarial act or transaction is unlawful or

immoral;b. the signatory shows a demeanor which

engenders in the mind of the notarypublic reasonable doubt as to the former'sknowledge of the consequences of thetransaction requiring a notarial act; and

c. in the notary's judgment, the signatory isnot acting of his or her own free will.

Sec. 5. False or Incomplete Certificate. - Anotary public shall not:a. execute a certificate containing information

known or believed by the notary to be false.b. affix an official signature or seal on a notarial

certificate that is incomplete.

Sec. 6. Improper Instruments or Documents. - Anotary public shall not notarize:a. a blank or incomplete instrument or

document; or b. an instrument or document without

appropriate notarial certification.

RULE VFEES OF NOTARY PUBLIC

Sec. 1. Imposition and Waiver of Fees. - anotary public may charge the maximum fee asprescribed by the Supreme Court unless hewaives the fee in whole or in part.

Sec. 2. Travel Fees and Expenses. - maycharge travel fees and expenses separate andapart from the notarial fees prescribed in thepreceding section when traveling to perform anotarial act if the notary public and the personrequesting the notarial act agree prior to thetravel.

Sec. 3. Prohibited Fees. - No fee or compensation of any kindECEPTION: those expressly prescribed andallowed herein

Sec. 4. Payment or Refund of Fees. - A notarypublic shall not require payment of any feesspecified herein prior to the performance of anotarial act unless otherwise agreed upon .

travel fees and expenses paid prior tothe performance of a notarial act arenot subject to refund if the notarypublic had already traveled but failed tocomplete in whole or in part the notarialact for reasons beyond his control andwithout negligence on his part.

Sec. 5. Notice of Fees. - A notary public whocharges a fee for notarial services shall

1. issue a receipt registered with theBureau of Internal Revenue and

2. keep a journal of notarial fees shallenter in the journal all fees charged for services rendered.

3. post in a conspicuous place in his officea complete schedule of chargeablenotarial fees.

RULE VINOTARIAL REGISTER

Sec. 1. Form of Notarial Register. –a. permanently bound book with numbered

pages. kept in books to be furnished by the

Solicitor General to any notary public

upon request and upon payment of thecost thereof.

duly paged, and on the first page, theSolicitor General shall certify the number of pages of which the book consists.

For purposes of this provision, a Memorandumof Agreement or Understanding may be enteredinto by the Office of the Solicitor General (OSG)and the OCA.b. A notary/ public shall keep only one

active notarial register at any given time.

Sec. 2. Entries in the Notarial Register. –

a. the following:1. entry number and page number;2. date and time of day of the notarial act;3. type of notarial act;4. the title or description of the instrument,

document or proceeding;5. the name and address of each principal;6. the competent evidence of identity as

defined by these Rules if the signatory isnot personally known to the notary;




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7. the name and address of each crediblewitness swearing to or affirming theperson's identity;

8. the fee charged for the notarial act;9. the address where the notarization was

performed if not in the notary's regular place of work or business; and

10. any other circumstance the notary publicmay deem of significance or relevance.

b. reasons and circumstances for notcompleting a notarial act.

c. circumstances of any request to inspect or copy an entry in the notarial register,including

1. the requester's name,2. address3. signature4. thumb mark or other recognized

identifier, and5. evidence of identity.

The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded.d. When the instrument or document is a

contract, the notary public shall keep anoriginal copy thereof as part of his recordsand enter in said records a brief descriptionof the substance thereof and shall give toeach entry a consecutive number, beginningwith number one in each calendar year. Heshall also retain a duplicate original copy for the Clerk of Court.

e. The notary public shall give to eachinstrument or document executed, sworn to,or acknowledged before him a number corresponding to the one in his register, andshall also state on the instrument or

document the page/s of his register onwhich the same is recorded. No blank lineshall be left between entries.

f . In case of a protest of any draft, bill of exchange or promissory note, the notarypublic shall1. make a full and true record of all

proceedings in relation thereto and2. shall note therein whether the demand

for the sum of money was made,i. by whom, when, and where;ii. whether he presented such draft, bill

or note;iii. whether notices were given, to

whom and in what manner;iv. where the same was made, when

and to whom and where directed;v. and of every other fact touching the

same.g. At the end of each week, the notary public

shall certify in his notarial register thenumber of instruments or documentsexecuted, sworn to, acknowledged, or

protested before him; or if none, thiscertificate shall show this fact.

h. A certified copy of each month's entries anda duplicate original copy of any instrumentacknowledged before the notary public shall,within the first ten (10) days of the monthfollowing, be forwarded to the Clerk of Courtand shall be under the responsibility of suchofficer. If there is no entry to certify for themonth, the notary shall forward a statementto this effect in lieu of certified copies hereinrequired.

Sec. 3. Signatures and Thumbmarks. - At thetime of notarization, the notary's notarial register shall be signed or a thumb or other mark affixedby each:a. principal;b. credible witness swearing or affirming to the

identity of a principal; andc. witness to a signature by thumb or other

mark, or to a signing by the notary public onbehalf of a person physically unable to sign.

Sec. 4. Inspection, Copying and Disposal. –a. In the notary's presence, any person may

inspect an entry in the notarial register,during regular business hours, provided;1. the person's identity is personally

known to the notary public or proventhrough competent evidence of identityas defined in these Rules;

2. the person affixes a signature andthumb or other mark or other recognized identifier, in the notarial.register in a separate, dated entry;

3. the person specifies the month, year,type of instrument or document, andname of the principal in the notarialact or acts sought ; and

4. the person is shown only the entry or entries specified by him.

b. The notarial register may be examined by alaw enforcement officer in the course of anofficial investigation or by virtue of a courtorder.

c. If the notary public has a reasonable groundto believe that a person has a criminal intentor wrongful motive in requesting informationfrom the notarial register, the notary shalldeny access to any entry or entries therein.

Sec. 5. Loss, Destruction or Damage of NotarialRegister. –a. In case the notarial register is stolen, lost,

destroyed, damaged, or otherwise renderedunusable or illegible as a record of notarialacts, the notary public shall, within ten(10) days after informing the appropriate




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law enforcement agency in the case of theft or vandalism, notify the ExecutiveJudge by any means providing a proper receipt or acknowledgment, includingregistered mail and also provide a copy or number of any pertinent police report.

b. Upon revocation or expiration of anotarial commission, or death of thenotary public , the notarial register andnotarial records shall immediately bedelivered to the office of the ExecutiveJudge.

Sec. 6. Issuance of Certified True Copies. - toany person applying for such copy uponpayment of the legal fees.

RULE VIISIGNATURE AND SEAL OF NOTARY PUBLIC

Sec. 1. Official Signature. - a notary public shall:a. sign by hand on the notarial certificate only

the name indicated and as appearing on thenotary's commission;

b. not sign using a facsimile stamp or printing device ; and

c. affix his official signature only at the timethe notarial act is performed.

Sec. 2. Official Seal. –a. Every person commissioned as notary

public shall1. have a seal of office

to be procured at his own expense shall not be possessed or owned by

any other person2. shall be of

i. metalii. circular in shapeiii. two inches in diameter iv. name of the city or province and the

word "Philippines" and his ownname on the margin and the roll of attorney's number on the facethereof, with the words "notarypublic" across the center.

A mark, image or impression of suchseal shall be made directly on the paper or

parchment on which the writing appears.b. official seal shall be affixed only at thetime the notarial act is performed shallbe clearly impressed by the notary public onevery page of the instrument or documentnotarized.

c. When not in use, the official seal shall bekept safe and secure and shall beaccessible only to the notary public or theperson duly authorized by him.

d. Within five (5) days after the official seal of anotary public is stolen, lost, damaged or other otherwise rendered unserviceable inaffixing a legible image, the notary publicshall:1. inform the appropriate law enforcement

agency2. notify the Executive Judge in writing,

providing proper receipt or acknowledgment, including registeredmail, and in the event of a crimecommitted and provide a copy or entrynumber of the appropriate police record.

3. Upon receipt of such notice, if found inorder by the Executive Judge, the latter shalli. order the notary public to cause

notice of such loss or damage to bepublished, once a week for three (3)consecutive weeks, in a newspaper of general circulation in the city or province where the notary public iscommissioned.

ii. shall issue to the notary public anew Certificate of Authorization toPurchase a Notarial Seal.

e. Within five (5) days after the death or resignation of the notary public, or therevocation or expiration of a notarialcommission,1. the official seal shall be surrendered to

the Executive Judge and shall bedestroyed or defaced in public duringoffice hours.

2. In the event that the missing, lost or damaged seal is later found or

surrendered, it shall be delivered by thenotary public to the Executive Judge tobe disposed of in accordance with thissection. Failure to effect such surrender shall constitute contempt of court.

3. In the event of death of the notarypublic, the person in possession of theofficial seal shall have the duty tosurrender it to the Executive Judge.

Sec. 3. Seal Image. - The notary public shallaffix a single, clear, legible, permanent, andphotographically reproducible mark, image or impression of the official seal beside hissignature on the notarial certificate of a paper instrument or document.

Sec. 4. Obtaining and Providing Seal. –a. A vendor or manufacturer of notarial

seals may not sell said product without awritten authorization from the ExecutiveJudge.




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b. Upon written application and after paymentof the application fee1. the Executive Judge may issue an

authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of thelatter's qualifications.

2. The Executive Judge shall charge anauthorization fee in the amount of Php4,000 for the vendor and Php 8,000for the manufacturer .

3. If a manufacturer is also a vendor, heshall only pay the manufacturer'sauthorization fee.

c. authorization shall be in effect for aperiod of four (4) years from the date of its issuance

may be renewed by the Executive Judgefor a similar period upon payment of theauthorization fee mentioned in thepreceding paragraph.

d. A vendor or manufacturer shall not sell aseal to a buyer

EXCEPT : upon submission of a1. certified copy of the commission and

the2. Certificate of Authorization to

Purchase a Notarial Seal issued bythe Executive Judge.

3. A notary public obtaining a new sealas a result of change of name shallpresent to the vendor or manufacturer a certified copy of theConfirmation of the Change of Name issued by the ExecutiveJudge.

e. Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial Seal,

f. After the sale , the vendor or manufacturer shall1. affix a mark, image or impression of the

seal to the Certificate of Authorization toPurchase a Notarial Seal and

2. submit the completed Certificate to theExecutive Judge.

3. Copies of the Certificate of Authorizationto Purchase a Notarial Seal and thebuyer's commission shall be kept in the

files of the vendor or manufacturer for four (4) years after the sale.g. A notary public obtaining a new seal as a

result of change of name shall present to thevendor a certified copy of the order confirming the change of name issued bythe Executive Judge.

RULE VIIINOTARIAL CERTIFICATES

Sec. 1. Form of Notarial Certificate. - shallconform to all the requisites prescribed herein,the Rules of Court and all other provisions of issuances by the Supreme Court and inapplicable laws.

Sec. 2. Contents of the Concluding Part of theNotarial Certificate. - shall include the following:a. name of the notary public as exactly

indicated in the commission;b. serial number of the commission of the

notary public;c. the words "Notary Public" and the

province or city where the notary publicis commissioned, the expiration date of the commission, the office address of thenotary public; and

d. the roll of attorney's number, theprofessional tax receipt number and theplace and date of issuance thereof, andthe IBP membership number.

RULE IXCERTIFICATE OF AUTHORITY OF NOTARIESPUBLIC

Sec. 1. Certificate of Authority for a Notarial Act. –

CERTIFICATE OF AUTHORITY FOR ANOTARIAL ACTI, (name, title, jurisdiction of the

Executive Judge), certify that (name of notary public), the person named in theseal and signature on the attacheddocument, is a Notary Public in and for the (City/Municipality/Province) of theRepublic of the Philippines andauthorized to act as such at the time of the document's notarization.IN WITNESS WHEREOF, I have affixedbelow my signature and seal of thisoffice this (date) day of (month) (year). _________________ (official signature)(seal of Executive Judge)

RULE XCHANGES OF STATUS OF NOTARY PUBLIC

Sec. 1. Change of Name and Address.1. Within ten (10) days after the change of

name of the notary public by court order or by marriage, or




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2. after ceasing to maintain the regular place of work or business,

3. the notary public shall submit a signed anddated notice of such fact to the ExecutiveJudge.

4. The notary public shall not notarize until:a. he receives from the Executive Judge a

confirmation of the new name of the notarypublic and/or change of regular place of work or business; and

b. a new seal bearing the new name has beenobtained.

until the aforementioned steps havebeen completed, the notary public maycontinue to use the former name or regular place of work or business inperforming notarial acts for three (3)months from the date of the change,which may be extended once for validand just cause by the Executive Judgefor another period not exceeding three(3) months.

Sec. 2. Resignation. - A notary public may resignhis commission by1. personally submitting a written, dated and

signed formal notice to the Executive Judgetogether with his notarial seal, notarialregister and records.

2. Effective from the date indicated in thenotice, he shall immediately cease toperform notarial acts.

3. In the event of his incapacity to personallyappear, the submission of the notice may beperformed by his duly authorizedrepresentative.

Sec. 3. Publication of Resignation. - to post in aconspicuous place in the offices of the ExecutiveJudge and of the Clerk of Court the names of notaries public who have resigned their notarialcommissions and the effective dates of their resignation.

RULE XIREVOCATION OF COMMISSION ANDDISCIPLINARY SANCTIONS

Sec. 1. Revocation and AdministrativeSanctions. –

a. The Executive Judge shall revoke a notarialcommission for any ground on which anapplication for a commission may be denied.

b. In addition, the Executive Judge may revokethe commission of, or impose appropriateadministrative sanctions upon, any notarypublic who:1. fails to keep a notarial register;

2. fails to make the proper entry or entriesin his notarial register concerning hisnotarial acts;

3. fails to send the copy of the entries tothe Executive Judge within the first ten(10) days of the month following;

4. fails to affix to acknowledgments thedate of expiration of his commission;

5. fails to submit his notarial register, whenfilled, to the Executive Judge;

6. fails to make his report, within areasonable time, to the Executive Judgeconcerning the performance of hisduties, as may be required by the judge;

7. fails to require the presence of aprincipal at the time of the notarial act;

8. fails to identify a principal on the basis of personal knowledge or competentevidence;

9. executes a false or incompletecertificate under Section 5, Rule IV;

10. knowingly performs or fails to performany other act prohibited or mandated bythese Rules; and

11. commits any other dereliction or actwhich in the judgment of the ExecutiveJudge constitutes good cause for revocation of commission or impositionof administrative sanction.

c. Upon verified complaint by an interested,affected or aggrieved person, the notarypublic shall1. be required to file a verified answer to

the complaint.2. If the answer of the notary public is not

satisfactory, the Executive Judge shall

conduct a summary hearing.3. If the allegations of the complaint are notproven, the complaint shall bedismissed.

4. If the charges are duly established, theExecutive Judge shall impose theappropriate administrative sanctions.

5. In either case, the aggrieved party mayappeal the decision to the SupremeCourt for review. Pending the appeal, anorder imposing disciplinary sanctionsshall be immediately executory, unlessotherwise ordered by the SupremeCourt.

d. The Executive Judge may motu proprioinitiate administrative proceedingsagainst a notary public, subject to theprocedures prescribed in paragraph (c)above and impose the appropriateadministrative sanctions on the groundsmentioned in the preceding paragraphs (a)and (b).




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Sec. 2. Supervision and Monitoring of NotariesPublic. - The Executive Judge shall at alltimes exercise supervision over notariespublic and shall closely monitor their activities.

Sec. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judgeshall immediately order the Clerk of Court topost in a conspicuous place in the offices of theExecutive Judge and of the Clerk of Court thenames of notaries public who have beenadministratively sanctioned or whose notarialcommissions have been revoked.

Sec. 4. Death of Notary Public. - If a notarypublic dies before fulfilling the obligations inSection 4(e), Rule VI and Section 2(e), Rule VII,the Executive Judge, upon being notified of suchdeath, shall forthwith cause compliance with theprovisions of these sections.

RULE XIISPECIAL PROVISIONS

Sec. 1. Punishable Acts. - The Executive Judgeshall cause the prosecution of any person who:a. knowingly acts or otherwise

impersonates a notary public;b. knowingly obtains, conceals, defaces, or

destroys the seal, notarial register, or official records of a notary public; and

c. knowingly solicits, coerces, or in anyway influences a notary public to commitofficial misconduct .

Sec. 2. Reports to the Supreme Court. - TheExecutive Judge concerned shall submitsemestral reports to the Supreme Court ondiscipline and prosecution of notaries public.

RULE XIIIREPEALING AND EFFECTIVITY PROVISIONS

Sec. 1. Repeal. - All rules and parts of rules,including issuances of the Supreme Courtinconsistent herewith, are hereby repealed or accordingly modified.

Sec. 2. Effective Date. - These Rules shall takeeffect on the first day of August 2004, and shallbe published in a newspaper of generalcirculation in the Philippines which providessufficiently wide circulation.

Promulgated this 6th day of July, 2004.

BAR MATTER NO. 850[October 02, 2001]

MANDATORY CONTINUING LEGALEDUCATION (MCLE)

RESOLUTION

ADOPTING THE REVISED RULES ON THE

CONTINUING LEGAL EDUCATION FORMEMBERS OF THE INTEGRATED BAR OFTHE PHILIPPINES

Considering the Rules on the MandatoryContinuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines(IBP), recommended by the IBP, endorsed bythe Philippine Judicial Academy, and reviewedand passed upon by the Supreme CourtCommittee on Legal Education, the Courthereby resolves to approve, as it herebyapproves, the following Revised Rules for proper

implementation:RULE 1 PURPOSE

SECTION 1. Purpose of the MCLE . – Continuinglegal education is required of members of theIntegrated Bar of the Philippines (IBP) to ensurethat throughout their career, they keep abreastwith law and jurisprudence, maintain the ethicsof the profession and enhance the standards of the practice of law.

RULE 2MANDATORY CONTINUING LEGALEDUCATION

SECTION 1 . Commencement of the MCLE . -Within two (2) months from the approval of theseRules by the Supreme Court En Banc, theMCLE Committee shall be constituted andshall commence the implementation of theMandatory Continuing Legal Education (MCLE)program in accordance with these Rules.

SEC. 2. Requirements of completion of MCLE . –Members of the IBP not exempt under Rule 7

shall complete every three (3) years at leastthirty-six (36) hours of continuing legal educationactivities approved by the MCLE Committee. Of the 36 hours:(a) At least six (6) hours shall be devoted to

legal ethics equivalent to six (6) creditunits.




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(b) At least four (4) hours shall be devoted totrial and pretrial skills equivalent to four (4)credit units.

(c) At least five (5) hours shall be devoted toalternative dispute resolution equivalent tofive (5) credit units.

(d) At least nine (9) hours shall be devoted toupdates on substantive and procedural laws,and jurisprudence equivalent to nine (9)credit units.

(e) At least four (4) hours shall be devoted tolegal writing and oral advocacy equivalentto four (4) credit units.

(f) At least two (2) hours shall be devoted tointernational law and internationalconventions equivalent to two (2) creditunits.

(g) The remaining six (6) hours shall be devotedto such subjects as may be prescribed bythe MCLE Committee equivalent to six (6)credit units.

RULE 3COMPLIANCE PERIOD

SECTION 1 . Initial compliance period . - T h einitial compliance period shall begin not later than three (3) months from the adoption of theseRules. Except for the initial compliance periodfor members admitted or readmitted after theestablishment of the program, all complianceperiods shall be for thirty-six (36) months andshall begin the day after the end of the previouscompliance period.

SEC. 2. Compliance Groups . - Members of the

IBP not exempt from the MCLE requirementshall be divided into three (3) compliancegroups, namely:(a) Compliance group 1 . - Members in the

National Capital Region (NCR) or MetroManila are assigned to Compliance Group 1.

(b) Compliance group 2 . - Members in Luzonoutside NCR are assigned to ComplianceGroup 2.

(c) Compliance group 3 . - Members in Visayasand Mindanao are assigned to ComplianceGroup 3.

Nevertheless, members may participate inany legal education activity wherever it maybe available to earn credit unit towardcompliance with the MCLE requirement .

SEC. 3. Compliance period of membersadmitted or readmitted after establishment of the program. – Members admitted or readmitted tothe Bar after the establishment of the programshall be assigned to the appropriate Compliance

Group based on their Chapter membership onthe date of admission or readmission.

The initial compliance period after admission or readmission shall begin on the first day of themonth of admission or readmission and shallend on the same day as that of all other members in the same Compliance Group.

(a) Where four (4) months or less remain of theinitial compliance period after admission or readmission, the member is not required tocomply with the program requirement for theinitial compliance.

(b) Where more than four (4) months remain of the initial compliance period after admissionor readmission, the member shall berequired to complete a number of hours of approved continuing legal educationactivities equal to the number of monthsremaining in the compliance period in whichthe member is admitted or readmitted. Suchmember shall be required to complete anumber of hours of education in legal ethicsin proportion to the number of monthsremaining in the compliance period.Fractions of hours shall be rounded up tothe next whole number.

RULE 4COMPUTATION OF CREDIT UNITS

SECTION 1. Guidelines . – CREDIT UNITS AREEQUIVALENT TO CREDIT HOURS. CREDITUNITS measure compliance with the MCLErequirement under the Rules, based on the

category of the lawyer’s participation in theMCLE activity. The following are theguidelines for computing credit units and thesupporting documents required therefor:

PROGRAMS/ACTIVITY

CREDIT UNITS

SUPPORTINGDOCUMENTS

1. SEMINARS, CONVENTIONS,CONFERENCES, SYMPOSIA, IN-HOUSE EDUCATION PROGRAMS, WORKSHOPS,DIALOGUES, ROUND TABLE DISCUSSIONSBY APPROVED PROVIDERS UNDER RULE 7 AND OTHER RELATED RULES

1.PARTICIPANT/ ATTENDEE

1 CU PER HOUR OF ATTENDANCE

CERTIFICATE OF ATTENDANCE WITH NUMBER OF HOURS

1.2 LECTURER RESOURCE SPEAKER

FULL CU FOR THE SUBJECT PER

PHOTOCOPY OF PLAQUE OR SPONSOR’SCERTIFICATION




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COMPLIANCE PERIOD

1.3PANELIST/REACTOR COMMENTATOR/ MODERATOR/ COORDINATOR/ FACILITATOR

½ OF CU FOR THE SUBJECT PER COMPLIANCE PERIOD

CERTIFICATION FROM SPONSORINGORGANIZATION

2. AUTHORSHIP, EDITING AND REVIEW

2.1 LAW BOOK OF NOT LESSTHAN 100 PAGES

FULL CU FOR THE SUBJECT PER COMPLIANCE PERIOD

PUBLISHEDBOOK

2.2 BOOK EDITOR

½ OF THE CU OF AUTHOR SHIP CATEGORY

PUBLISHEDBOOK WITH PROOF ASEDITOR

2.3 RESEARCH PAPER INNOVATIVE PROGRAM/ CREATIVE PROJECT

½ OF CU FOR THE SUBJECT PER COMPLIANCE

PERIOD

DULY CERTIFIED/PUBLISHEDTECHNICALREPORT/PAPER

2.4 LEGAL ARTICLE OF AT LEAST TEN (10) PAGES

½ OF CU FOR THE SUBJECT PER COMPLIANCE PERIOD

PUBLISHED ARTICLE

2.5 LEGALNEWSLETTER/ LAW JOURNALEDITOR

1 CU PER ISSUE

PUBLISHEDNEWSLETTER/J OURNAL

2.6 PROFESSORIAL CHAIR/ BAR REVIEW LECTURE LAW TEACHING/

FULL CU FOR THE SUBJECT PER COMPLIANCE PERIOD

CERTIFICATION OF LAW DEAN OR BAR REVIEW DIRECTOR

RULE 5CATEGORIES OF CREDIT UNITS

SECTION 1. Classes of credit uni ts . -Creditunits are either participatory or non-participatory.

SEC. 2. Claim for participatory credit uni ts . -Participatory credit units may be claimed for:(a) Attending approved education activities like

seminars, conferences, conventions,symposia, in-house education programs,workshops, dialogues or round tablediscussion.

(b) Speaking or lecturing, or acting as assignedpanelist, reactor, commentator, resourcespeaker, moderator, coordinator or facilitator in approved education activities.

(c) Teaching in a law school or lecturing in a bar review class.

SEC. 3. Claim for non-participatory credit uni ts .- Non-participatory credit units may be claimedper compliance period for:(a) Preparing, as an author or co-author, written

materials published or accepted for publication, e.g., in the form of an article,chapter, book, or book review whichcontribute to the legal education of theauthor member, which were not prepared inthe ordinary course of the member's practiceor employment.

(b) Editing a law book, law journal or legalnewsletter.

RULE 6

COMPUTATION OF CREDIT HOURS

SECTION 1. Computation of credit hours . -Credit hours are computed based on actual timespent in an education activity in hours to thenearest one-quarter hour reported in decimals.

RULE 7EXEMPTIONS

SECTION 1. Parties exempted from the MCLE . -The following members of the Bar are exemptfrom the MCLE requirement:(a) The President and the Vice President of the

Philippines, and the Secretaries andUndersecretaries of Executive Departments;

(b) Senators and Members of the House of Representatives;

(c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retiredmembers of the judiciary, incumbentmembers of the Judicial and Bar Counciland incumbent court lawyers covered by the




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Philippine Judicial Academy program of continuing judicial education;

(d) The Chief State Counsel, Chief StateProsecutor and Assistant Secretaries of theDepartment of Justice;

(e) The Solicitor General and the AssistantSolicitors General;

(f) The Government Corporate Counsel,Deputy and Assistant GovernmentCorporate Counsel;

(g) The Chairmen and Members of theConstitutional Commissions;

(h) The Ombudsman, the Overall DeputyOmbudsman, the Deputy Ombudsman andthe Special Prosecutor of the Office of theOmbudsman;

(i) Heads of government agencies exercisingquasi-judicial functions;

(j) Incumbent deans, bar reviewers andprofessors of law who have teachingexperience for at least ten (10) years inaccredited law schools;

(k) The Chancellor, Vice-Chancellor andmembers of the Corps of Professors andProfessorial Lecturers of the PhilippineJudicial Academy; and

(l) Governors and Mayors.

SEC. 2. Other parties exempted from the MCLE .- The following Members of the Bar are likewiseexempt:(a) Those who are not in law practice, private or

public.(b) Those who have retired from law practice

with the approval of the IBP Board of Governors.

SEC. 3. Good cause for exemption from or modification of requirement - A member may filea verified request setting forth good cause for exemption (such as physical disability, illness,post graduate study abroad, proven expertise inlaw, etc.) from compliance with or modification of any of the requirements, including an extensionof time for compliance, in accordance with aprocedure to be established by the MCLECommittee.

SEC. 4. Change of status . - The complianceperiod shall begin on the first day of the month inwhich a member ceases to be exempt under Sections 1, 2, or 3 of this Rule and shall end onthe same day as that of all other members in thesame Compliance Group.

SEC. 5. Proof of exemption . - Applications for exemption from or modification of the MCLErequirement shall be under oath and supportedby documents.

RULE 8STANDARDS FOR APPROVAL OFEDUCATION ACTIVITIES

SECTION 1. Approval of MCLE program . -Subject to the implementing regulations thatmay be adopted by the MCLE Committee,continuing legal education program may begranted approval in either of two (2) ways: (1)the provider of the activity is an accreditedprovider and certifies that the activity meets thecriteria of Section 2 of this Rule; and (2) theprovider is specifically mandated by law toprovide continuing legal education.

SEC. 2. Standards for all education activities . - All continuing legal education activities mustmeet the following standards:(a) The activity shall have significant current

intellectual or practical content.(b) The activity shall constitute an organized

program of learning related to legal subjectsand the legal profession, including crossprofession activities (e.g., accounting-tax or medical-legal) that enhance legal skills or the ability to practice law, as well as subjectsin legal writing and oral advocacy.

(c) The activity shall be conducted by a provider with adequate professional experience.

(d) Where the activity is more than one (1) hour in length, substantive written materials mustbe distributed to all participants. Suchmaterials must be distributed at or beforethe time the activity is offered.

(e) In-house education activities must be

scheduled at a time and location so as to befree from interruption like telephone callsand other distractions.

RULE 9ACCREDITATION OF PROVIDERS

SECTION 1. Accredi ta t ion of providers . -Accreditation of providers shall be done by theMCLE Committee.

SEC. 2. Requirements for accreditation of providers . - Any person or group may beaccredited as a provider for a term of two (2)years, which may be renewed, upon writtenapplication. All providers of continuing legaleducation activities, including in-houseproviders, are eligible to be accreditedproviders. Application for accreditation shall:(a) Be submitted on a form provided by the

MCLE Committee;(b) Contain all information requested in the

form;






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(c) Failure to provide satisfactory evidence of compliance (including evidence of exemptstatus) within the prescribed period;

(d) Failure to satisfy the education requirementand furnish evidence of such compliancewithin sixty (60) days from receipt of non-compliance notice;

(e) Failure to pay non-compliance fee within theprescribed period;

(f) Any other act or omission analogous to anyof the foregoing or intended to circumvent or evade compliance with the MCLErequirements.

SEC. 2. Non-compliance notice and 60-day period to attain compliance . - Members failing tocomply will receive a Non-Compliance Noticestating the specific deficiency and will be givensixty (60) days from the date of notification to filea response clarifying the deficiency or otherwiseshowing compliance with the requirements.Such notice shall contain the following languagenear the beginning of the notice in capital letters:

IF YOU FAIL TO PROVIDE ADEQUATEPROOF OF COMPLIANCE WITH THE MCLEREQUIREMENT BY (INSERT DATE 60 DAYSFROM DATE OF NOTICE), YOU SHALL BELISTED AS A DELINQUENT MEMBER ANDSHALL NOT BE PERMITTED TO PRACTICELAW UNTIL SUCH TIME AS ADEQUATEPROOF OF COMPLIANCE IS RECEIVED BYTHE MCLE COMMITTEE .

Members given sixty (60) days to respond to aNon-Compliance Notice may use this period to

attain the adequate number of credit units for compliance. Credit units earned during thisperiod may only be counted toward compliancewith the prior compliance period requirementunless units in excess of the requirement areearned, in which case the excess may becounted toward meeting the current complianceperiod requirement.

RULE 13CONSEQUENCES OF NON-COMPLIANCE

SECTION 1. Non-compliance fee . - A member who, for whatever reason, is in non-complianceat the end of the compliance period shall pay anon-compliance fee.

SEC. 2. Listing as delinquent member . - Amember who fails to comply with therequirements after the sixty (60) day period for compliance has expired, shall be listed as adelinquent member of the IBP upon therecommendation of the MCLE Committee. The

investigation of a member for non-complianceshall be conducted by the IBP's Commission onBar Discipline as a fact-finding arm of the MCLECommittee.

SEC. 3. Accrual of membership fee . -Membership fees shall continue to accrue at theactive rate against a member during the periodhe/she is listed as a delinquent member.

RULE 14REINSTATEMENT

SECTION 1. Process . - The involuntary listing asa delinquent member shall be terminated whenthe member provides proof of compliance withthe MCLE requirement, including payment of non-compliance fee. A member may attain thenecessary credit units to meet the requirementfor the period of non-compliance during theperiod the member is on inactive status. Thesecredit units may not be counted toward meetingthe current compliance period requirement.Credit units earned during the period of non-compliance in excess of the number needed tosatisfy the prior compliance period requirementmay be counted toward meeting the currentcompliance period requirement.

SEC. 2. Termination of delinquent listing is anadministrative process . - The termination of listing as a delinquent member is administrativein nature AND it shall be made by the MCLECommittee.

RULE 15

COMMITTEE ON MANDATORY CONTINUINGLEGAL EDUCATION

SECTION 1. Composition . - The MCLECommittee shall be composed of five (5)members, namely, a retired Justice of theSupreme Court as Chair, and four (4) membersrespectively nominated by the IBP, thePhilippine Judicial Academy, a law center designated by the Supreme Court andassociations of law schools and/or lawprofessors.

The members of the Committee shall be of proven probity and integrity. They shall beappointed by the Supreme Court for a term of three (3) years and shall receive suchcompensation as may be determined by theCourt.

SEC. 2. Duty of committee . - The MCLECommittee shall administer and adopt suchimplementing rules as may be necessary subject




91


to the approval of the Supreme Court. It shall, inconsultation with the IBP Board of Governors,prescribe a schedule of MCLE fees with theapproval of the Supreme Court.

SEC. 3. Staff of the MCLE Committee . - Subjectto approval by the Supreme Court , the MCLECommittee shall employ such staff as may benecessary to perform the record-keeping,auditing, reporting, approval and other necessary functions.

SEC. 4. Submission of annual budget . - TheMCLE Committee shall submit to the SupremeCourt for approval , an annual budget [for asubsidy] to establish, operate and maintain theMCLE Program.

This resolution shall take effect on the fifteenthof September 2000, following its publication intwo (2) newspapers of general circulation in thePhilippines.

Adopted this 22nd day of August, 2000, asamended on 02 October 2001

BM No. 2012PROPOSED RULE ON MANDATORY LEGALAID SERVICE FOR PRACTICING LAWYERS

RESOLUTION

Acting on the Memorandum dated January 27,2009 of Justice Renato C. Corona re: Commentof the Integrated Bar of the Philippines on our Suggested Revisions to the Proposed Rule of Mandatory Legal Aid Service for PracticingLawyers, the Court Resolved to APPROVE thesame.

This Resolution shall take effect on July 1, 2009following publication of the said Rule and itsimplementing regulations in at least two (2)newspapers of general circulation.February 10, 2009.

Rule on Mandatory Legal Aid Service

SECTION 1. Title . - This Rule shall be known as“The Rule on Mandatory Legal Aid Service.”

SECTION 2. Purpose . – This Rule seeks toenhance the duty of lawyers to society as agentsof social change and to the courts as officersthereof by helping improve access to justice bythe less privileged members of society and

expedite the resolution of cases involving them.Mandatory free legal service by members of thebar and their active support thereof will aid theefficient and effective administration of justiceespecially in cases involving indigent and pauper litigants.

SECTION 3. Scope . – This Rule shall govern themandatory requirement for practicing lawyers torender free legal aid services in all cases(whether, civil, criminal or administrative)involving indigent and pauper litigants where theassistance of a lawyer is needed. It shall alsogovern the duty of other members of the legalprofession to support the legal aid program of the Integrated Bar of the Philippines.

SECTION 4. Definition of Terms . – For purposesof this Rule:(a) Practicing lawyers are members of the

Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicialagencies, including but not limited to theNational Labor Relations Commission,National Conciliation and Mediation Board,Department of Labor and EmploymentRegional Offices, Department of AgrarianReform Adjudication Board and NationalCommission for Indigenous Peoples. Theterm “practicing lawyers” shall exclude:(i) Government employees and incumbent

elective officials not allowed by law topractice;

(ii) Lawyers who by law are not allowed toappear in court;

(iii) Supervising lawyers of students enrolled

in law student practice in duly accreditedlegal clinics of law schools and lawyersof non-governmental organizations(NGOs) and peoples’ organizations(POs) like the Free Legal AssistanceGroup who by the nature of their workalready render free legal aid to indigentand pauper litigants and

(iv) Lawyers not covered under subparagraphs (i) to (iii) including thosewho are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicialagencies.

(b) Indigent and pauper litigants are thosedefined under Rule 141, Section 19 of theRules of Court and Algura v. The LocalGovernment Unit of the City of Naga (G.R.No. 150135, 30 October 2006, 506 SCRA81);

(c) Legal aid cases are those actions, disputes,and controversies that are criminal, civil andadministrative in nature in whatever stage




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wherein indigent and pauper litigants needlegal representation;

(d) Free legal aid services refer to appearancein court or quasi-judicial body for and inbehalf of an indigent or pauper litigant andthe preparation of pleadings or motions. Itshall also cover assistance by a practicinglawyer to indigent or poor litigants in court-annexed mediation and in other modes of alternative dispute resolution (ADR).Services rendered when a practicing lawyer is appointed counsel deoficio shall also be considered as free legalaid services and credited as complianceunder this Rule;

(e) Integrated Bar of the Philippines (IBP) is theofficial national organization of lawyers inthe country;

(f) National Committee on Legal Aid (NCLA) isthe committee of the IBP which isspecifically tasked with handling legal aidcases;

(g) Committee on Bar Discipline (CBD) is thecommittee of the IBP which is specificallytasked with disciplining members of the Bar;

(h) IBP Chapters are those chapters of theIntegrated Bar of the Philippines located inthe different geographical areas of thecountry as defined in Rule 139-A and

(i) Clerk of Court is the Clerk of Court of thecourt where the practicing lawyer renderedfree legal aid services. In the case of quasi- judicial bodies, it refers to an officer holdingan equivalent or similar position. The termshall also include an officer holding a similar position in agencies exercising quasi-judicial

functions, or a responsible officer of anaccredited PO or NGO, or an accreditedmediator who conducted the court-annexedmediation proceeding.

SECTION 5. Requirements . –(a) Every practicing lawyer is required to render

a minimum of sixty (60) hours of free legalaid services to indigent litigants in a year.Said 60 hours shall be spread within aperiod of twelve (12) months, with aminimum of five (5) hours of free legal aidservices each month. However, where it isnecessary for the practicing lawyer to render legal aid service for more than five (5) hoursin one month, the excess hours may becredited to the said lawyer for thesucceeding periods.

For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for cases where he may render free legal aidservice. He may also coordinate with theIBP Legal Aid Chairperson of the IBP

Chapter to inquire about cases where hemay render free legal aid service. In thisconnection, the IBP Legal Aid Chairpersonof the IBP Chapter shall regularly andactively coordinate with the Clerk of Court.

The practicing lawyer shall reportcompliance with the requirement within ten(10) days of the last month of each quarter of the year.

(b) A practicing lawyer shall be required tosecure and obtain a certificate from theClerk of Court attesting to the number of hours spent rendering free legal aid servicesin a case. The certificate shall contain thefollowing information:(i) The case or cases where the legal aid

service was rendered, the party or parties in the said case(s) for whom theservice was rendered, the docketnumber of the said case(s) and thedate(s) the service wasrendered.

(ii) The number of hours actually spentattending a hearing or conducting trialon a particular case in the court or quasi-judicial body.

(iii) The number of hours actually spentattending mediation, conciliation or anyother mode of ADR ona particular case.

(iv) A motion (except a motion for extensionof time to file a pleading or for postponement of hearing or conference) or pleading filed on aparticular case shall be considered asone (1) hour of service.

The Clerk of Court shall issue the certificatein triplicate, one (1) copy to be retained bythe practicing lawyer, one (1) copy to beretained by the Clerk of Court and one (1)copy to be attached to the lawyer ’scompliance report.

(c) Said compliance report shall be submitted tothe Legal Aid Chairperson of the IBPChapter within the court’s jurisdiction. TheLegal Aid Chairperson shall then be taskedwith immediately verifying the contents of the certificate with the issuing Clerk of Courtby comparing the copy of the certificateattached to the compliance report with thecopy retained by the Clerk of Court.

(d) The IBP Chapter shall, after verification,issue a compliance certificate to theconcerned lawyer. The IBP Chapter shallalso submit the compliance reports to theIBP’s NCLA for recording anddocumentation. The submission shall bemade within forty-five (45) days after the




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mandatory submission of compliancereports by the practicing lawyers.

(e) Practicing lawyers shall indicate in allpleadings filed before the courts or quasi- judicial bodies the number and date of issueof their certificate of compliance for theimmediately preceding compliance period.Failure to disclose the required informationwould cause the dismissal of the case andthe expunction of the pleadings from therecords.

(f) Before the end of a particular year, lawyerscovered by the category under Section4(a)(i) and (ii), shall fill up a form preparedby the NCLA which states that, during thatyear, they are employed with thegovernment or incumbent elective officialsnot allowed by law to practice or lawyerswho by law are not allowed to appear incourt. The form shall be sworn to andsubmitted to the IBP Chapter or IBPNational Office together with the payment of an annual contribution of Two ThousandPesos (P2,000). Said contribution shallaccrue to a special fund of the IBP for thesupport of its legal aid program.

(g) Before the end of a particular year, lawyerscovered by the category under Section4(a)(iii) shall secure a certification from thedirector of the legal clinic or of theconcerned NGO or PO to the effect that,during that year, they have served assupervising lawyers in a legal clinic or activelyparticipated in the NGO’s or PO’s free legalaid activities. The certification shall be

submitted to the IBP Chapter or IBPNational Office.(h) Before the end of a particular year, lawyers

covered by the category under Section4(a)(iv) shall fill up a form prepared by theNCLA which states that, during that year,they are neither practicing lawyers nor covered by Section (4)(a)(i) to (iii). The formshall be sworn to and submitted to the IBPChapter or IBP National Office together withthe payment of an annual contribution of Four Thousand Pesos (P4,000) byway of support for the efforts of practicinglawyers who render mandatory free legal aidservices. Said contribution shall accrue to aspecial fund of the IBP for the support of itslegal aid program.

(i) Failure to pay the annual contribution shallsubject the lawyer to a penalty of TwoThousand Pesos (P2,000) for that year which amount shall also accrue to thespecial fund for the legal aid program of theIBP.

SECTION 6. NCLA. –(a) The NCLA shall coordinate with the various

legal aid committees of the IBP localchapters for the proper handling andaccounting of legal aid cases whichpracticing lawyers can represent.

(b) The NCLA shall monitor the activities of theChapter of the Legal Aid Office with respectto the coordination with Clerks of Court onlegal aid cases and the collation of certificates submitted by practicing lawyers.

(c) The NCLA shall act as the nationalrepository of records in compliance with thisRule.

(d) The NCLA shall prepare the followingforms: certificate to be issued by the Clerkof Court and forms mentioned in Section5(e) and (g).

(e) The NCLA shall hold in trust, manage andutilize the contributions and penalties thatwill be paid by lawyers pursuant to this Ruleto effectively carry out the provisions of thisRule. For this purpose, it shall annuallysubmit an accounting to the IBP Board of Governors. The accounting shall beincluded by the IBP in its report to theSupreme Court in connection with itsrequest for the release of the subsidy for itslegal aid program.

SECTION 7. Penalties . –(a) At the end of every calendar year, any

practicing lawyer who fails to meet theminimum prescribed 60 hours of legal aidservice each year shall be required by the

IBP, through the NCLA, to explain why hewas unable to render the minimumprescribed number of hours. If noexplanation has been given or if the NCLAfinds the explanation unsatisfactory, theNCLA shall make a report andrecommendation to the IBP Board of Governors that the erring lawyer be declareda member of the IBP who is not in goodstanding. Upon approval of the NCLA’srecommendation, the IBP Board of Governors shall declare the erring lawyer asa member not in good standing. Noticethereof shall be furnished the erring lawyer and the IBP Chapter which submitted thelawyer’s compliance report or the IBPChapter where the lawyer is registered, incase he did not submit a compliance report.The notice to the lawyer shall include adirective to pay Four Thousand Pesos(P4,000) penalty which shall accrue to thespecial fund for the legal aid program of theIBP.




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(b) The “not in good standing” declaration shallbe effective for a period of three (3) monthsfrom the receipt of the erring lawyer of thenotice from the IBP Board of Governors.During the said period, thelawyer cannot appear in court or any quasi- judicial body as counsel. Provided, however,that the “not in good standing” status shallsubsist even after the lapse of the three-month period until and unless the penaltyshall have been paid.

(c) Any lawyer who fails to comply with hisduties under this Rule for at least three (3)consecutive years shall be the subject of disciplinary proceedings to be institutedmotu proprio by the CBD. The saidproceedings shall afford the erring lawyer due process in accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found administratively liable, thepenalty of suspension in the practice of lawfor one (1) year shall be imposed upon him.

(d) Any lawyer who falsifies a certificate or anyform required to be submitted under thisRule or any contents thereof shall beadministratively charged with falsificationand dishonesty and shallbe subject to disciplinary action by the CBD.This is without prejudice to the filing of criminal charges against the lawyer.

(e) The falsification of a certificate or anycontents thereof by any Clerk of Court or byany Chairperson of the Legal Aid Committeeof the IBP local chapter where the case ispending or by the Director of alegal clinic or responsible officer of an NGO

or PO shall be a ground for anadministrative case against the said Clerk of Court or Chairperson. This is withoutprejudice to the fil ing of the criminaland administrative charges against themalfeasor.

SECTION 8. Credit for Mandatory Continuing Legal Education (MCLE) . – A lawyer whorenders mandatory legal aid service for therequired number of hours in a year for the threeyear-period covered by a compliance periodunder the Rules on MCLE shall be credited thefollowing: two (2) credit units for legal ethics, two(2) credit units for trial and pretrial skills, two (2)credit units for alternative dispute resolution, four (4) credit units for legal writing and oraladvocacy, four (4) credit units for substantiveand procedural laws and jurisprudence and six(6) credit units for such subjects as may beprescribed by the MCLE Committee under Section 2(g), Rule 2 of the Rules on MCLE.

A lawyer who renders mandatory legal aidservice for the required number of hours in ayear for at least two consecutive years within thethree year-period covered by a complianceperiod under the Rules on MCLE shall becredited the following: one (1) credit unit for legalethics, one (1) credit unit for trial and pretrialskills, one (1) credit unit for alternative disputeresolution, two (2) credit units for legal writingand oral advocacy, two (2) credit units for substantive and procedural laws and jurisprudence and three (3) credit units for suchsubjects as may be prescribed by the MCLECommittee under Section 2(g), Rule 2 of theRules on MCLE.

SECTION 9. Implementing Rules . – The IBP,through the NCLA, is hereby given authority torecommend implementing regulations indetermining who are “practicing lawyers,” whatconstitute “legal aid cases” and whatadministrative procedures and financialsafeguards which may be necessary and proper in the implementation of this rule may beprescribed. It shall coordinate with the variouslegal chapters in the crafting of the proposedimplementing regulations and, upon approval bythe IBP Board of Governors, the saidimplementing regulations shall be transmitted tothe Supreme Court for final approval.

SECTION 10. Effectivity . – This Rule and itsimplementing rules shall take effect on July 1,2009 after they have been published in two (2)newspapers of general circulation.

B.M. No. 1153LETTER OF ATTY. ESTELITO P. MENDOZAPROPOSING REFORMS IN THE BAREXAMINATIONS THROUGH AMENDMENTSTO RULE 138 OF THE RULES OF COURT

RESOLUTION

Sirs/Mesdames :

Quoted hereunder, for your information, is aresolution of the Court En Banc dated March 9,

2010

"B.M. No. 1153 (Re: Letter of Atty. Estelito P.Mendoza Proposing Reforms in the Bar Examinations Through Amendments to Rule 138of the Rules of Court). — The Court Resolved to APPROVE the proposed amendments toSections 5 and 6 of Rule 138, to wit:




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SEC. 5. Additional Requirement for Other Applicants. — All applicants for admission other than those referred to inthe two preceding sections shall, beforebeing admitted to the examination,satisfactorily show that they havesuccessfully completed all theprescribed courses for the degree of Bachelor of Laws or its equivalentdegree, in a law school or universityofficially recognized by the PhilippineGovernment or by the proper authorityin the foreign jurisdiction where thedegree has been granted.

No applicant who obtained the Bachelor of Laws degree in this jurisdiction shallbe admitted to the bar examinationunless he or she has satisfactorilycompleted the following course in a lawschool or university duly recognized bythe government: civil law, commerciallaw, remedial law, criminal law, publicand private international law, politicallaw, labor and social legislation, medical jurisprudence, taxation and legal ethics.

A Filipino citizen who graduated from aforeign law school shall be admitted tothe bar examination only uponsubmission to the Supreme Court of certifications showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its equivalentdegree; (b) recognition or accreditationof the law school by the proper

authority; and (c) completion of all thefourth year subjects in the Bachelor of Laws academic program in a law schoolduly recognized by the PhilippineGovernment.

SEC. 6. Pre-Law. — An applicant for admission to the bar examination shallpresent a certificate issued by theproper government agency that, beforecommencing the study of law, he or shehad pursued and satisfactorilycompleted in an authorized andrecognized university or college,requiring for admission thereto thecompletion of a four-year high schoolcourse, the course of study prescribedtherein for a bachelor's degree in arts or sciences.

A Filipino citizen who completed andobtained his or her Bachelor of Lawsdegree or its equivalent in a foreign law

school must present proof of havingcompleted a separate bachelor's degreecourse.

The Clerk of Court, through the Office of the Bar Confidant, is hereby directed to CIRCULARIZEthis resolution among all law schools in thecountry."

Very truly yours,(SGD.) MA. LUISA D. VILLARAMAClerk of Court

Republic Act No. 9999AN ACT PROVIDING A MECHANISM FORFREE LEGAL ASSISTANCE AND FOROTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congressassembled:

Section 1. Short Title. - This Act shall be knownas the "Free Legal Assis tance Act of 2010".

Section 2. Declaration of Policy. - It is thedeclared policy of the State to value the dignityof every human person and guarantee the rightsof every individual, particularly those who cannotafford the services of legal counsel.

Furthermore, it is the policy of the State topromote a just and dynamic social order that willensure the prosperity and independence of thenation and free the people from poverty throughpolicies and programs that provide adequatesocial services and improve the quality of life for all.

In addition, the State shall guarantee free legalassistance to the poor and ensure that everyperson who cannot afford the services of acounsel is provided with a competent andindependent counsel preferably of his/her ownchoice, if upon determination it appears that theparty cannot afford the services of a counsel,and that services of a counsel are necessary tosecure the ends of justice and protect of the

party.

Section 3. Definition of Terms. - As provided for in this Act, the term legal services to beperformed by a lawyer refers to any activitywhich requires the application of law, legalprocedure, knowledge, training and experienceswhich shall include, among others, legal adviceand counsel, and the preparation of instruments




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and contracts, including appearance before theadministrative and quasi-judicial offices, bodiesand tribunals handling cases in court, and other similar services as may be defined by theSupreme Court.

Section 4. Requirements for Availment. - For purposes of availing of the benefits and servicesas envisioned in this Act, a lawyer or professional partnership shall secure acertification from the Public Attorney's Office(PAO), the Department of Justice (DOJ) or accredited association of the Supreme Courtindicating that the said legal services to beprovided are within the services defined by theSupreme Court, and that the agencies cannotprovide the legal services to be provided by theprivate counsel.

For purpose of determining the number of hoursactually provided by the lawyer and/or professional firm in the provision of legalservices, the association and/or organizationduly accredited by the Supreme Court shallissue the necessary certification that said legalservices were actually undertaken.

The certification issued by, among others, thePAO, the DOJ and other accredited associationby the Supreme Court shall be submitted to theBureau of Internal Revenue (BIR) for purposesof availing the tax deductions as provided for inthis Act and to the DOJ for purposes of monitoring.

Section 5. Incentives to Lawyers. - For

purposes of this Act, a lawyer or professionalpartnerships rendering actual free legal services,as defined by the Supreme Court, shall beentitled to an allowable deduction from the grossincome, the amount that could have beencollected for the actual free legal servicesrendered or up to ten percent (10%) of the grossincome derived from the actual performance of the legal profession, whichever is lower:Provided, That the actual free legal servicesherein contemplated shall be exclusive of theminimum sixty (60)-hour mandatory legal aidservices rendered to indigent litigants asrequired under the Rule on Mandatory Legal AidServices for Practicing Lawyers, under BARMatter No. 2012, issued by the Supreme Court.

Section 6. Information, Education and Communication (IEC) Campaign. - The DOJ, incooperation with the Philippine Information Agency (PIA), is hereby mandated to conduct anannual IEC campaign in order to inform thelawyers of the procedures and guidelines in

availing tax deductions and inform the generalpublic that a free legal assistance to those whocannot afford counsel is being provided by theState.

Section 7. Reportorial Requirement. - For purposes of determining the effectiveness andsocial impact of the provisions of this Act, theDOJ shall submit an annual report to bothHouses of Congress indicating therewith thenumber of parties who benefited from this Act.

The report shall state in detail, among others,the geographic location, demographiccharacteristics and socioeconomic profile of thebeneficiaries of this Act.

Section 8. Implementing Rules and Regulations(IRR). - Within ninety (90) days from the dateeffectivity of this Act, the BIR shall formulate thenecessary revenue regulations for the proper implementation of the tax component asenvisioned in this Act.

The Supreme Court shall formulate thenecessary implementing rules and regulationswith respect to the legal services covered under this Act and the process of accreditation of organizations and/or associations which willprovide free legal assistance.

Section 9. Separability Clause. - If any provisionof this Act is declared unconstitutional or invalid,the other provisions not affected by suchdeclaration shall remain in full force and effect.

Section 10. Repealing Clause. - Any law,decree, ordinance or administrative circular notconsistent with any provision of this Act ishereby amended, repealed or modifiedaccordingly.

Section 11. Effectivity Clause. - This Act shalltake effect fifteen (15) days after its completepublication in the Official Gazette or in two (2)newspapers of general circulation.

Approved: FEB 23, 2010




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Republic Act No. 6713

AN ACT ESTABLISHING A CODE OFCONDUCT AND ETHICAL STANDARDS FORPUBLIC OFFICIALS AND EMPLOYEES, TOUPHOLD THE TIME-HONORED PRINCIPLEOF PUBLIC OFFICE BEING A PUBLICTRUST, GRANTING INCENTIVES ANDREWARDS FOR EXEMPLARY SERVICE,

ENUMERATING PROHIBITED ACTS ANDTRANSACTIONS AND PROVIDINGPENALTIES FOR VIOLATIONS THEREOFAND FOR OTHER PURPOSES

Section 7. Prohibited Acts and Transactions. -In addition to acts and omissions of publicofficials and employees now prescribed in theConstitution and existing laws, the following shallconstitute prohibited acts and transactions of any public official and employee and are herebydeclared to be unlawful:(a) Financial and material interest. - Public

officials and employees shall not, directly or indirectly, have any financial or materialinterest in any transaction requiring theapproval of their office.

(b) Outside employment and other activitiesrelated thereto. - Public officials andemployees during their incumbency shallnot:(1) Own, control, manage or accept

employment as officer, employee,consultant, counsel, broker, agent,trustee or nominee in any privateenterprise regulated, supervised or l icensed by their office unlessexpressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by theConstitution or law, provided, thatsuch practice will not conflict or tendto conflict with their officialfunctions; or

(3) Recommend any person to anyposition in a private enterprise whichhas a regular or pending officialtransaction with their office.

These prohibitions shall continue toapply for a period of one (1) year after

resignation, retirement, or separationfrom public office, except in the case of subparagraph (b) (2) above, but theprofessional concerned cannot practicehis profession in connection with anymatter before the office he used to bewith, in which case the one-year prohibition shall likewise apply.

(c) Disclosure and/or misuse of confidentialinformation. - Public officials and employeesshall not use or divulge, confidential or classified information officially known tothem by reason of their office and not madeavailable to the public, either:(1) To further their private interests, or give

undue advantage to anyone; or (2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts. - Publicofficials and employees shall not solicit or accept, directly or indirectly, any gift,gratuity, favor, entertainment, loan or anything of monetary value from any personin the course of their official duties or inconnection with any operation beingregulated by, or any transaction which maybe affected by the functions of their office.

As to gifts or grants from foreigngovernments, the Congress consents to:

(i) The acceptance and retention by apublic official or employee of a gift of nominal value tendered andreceived as a souvenir or mark of courtesy;

(ii) The acceptance by a public officialor employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public officialor employee of travel grants or expenses for travel taking placeentirely outside the Philippine (suchas allowances, transportation, food,and lodging) of more than nominalvalue if such acceptance is

appropriate or consistent with theinterests of the Philippines, andpermitted by the head of office,branch or agency to which hebelongs.

The Ombudsman shall prescribe suchregulations as may be necessary to carryout the purpose of this subsection, includingpertinent reporting and disclosurerequirements.

Nothing in this Act shall be construed torestrict or prohibit any educational, scientificor cultural exchange programs subject tonational security requirements.

Republic Act No. 3019ANTI-GRAFT AND CORRUPT PRACTICESACT

Section 1. Statement of policy. It is the policy of the Philippine Government, in line with the




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principle that a public office is a public trust, torepress certain acts of public officers and privatepersons alike which constitute graft or corruptpractices or which may lead thereto.

Section 2. Definition of terms. As used in this Act, that term(a) "Government" includes the national

government, the local governments, thegovernment-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republicof the Philippines and their branches.

(b) "Public officer" includes elective andappointive officials and employees,permanent or temporary, whether in theclassified or unclassified or exempt servicereceiving compensation, even nominal, fromthe government as defined in the precedingsubparagraph.

(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from aperson other than a member of the publicofficer's immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on theoccasion of a family celebration or nationalfestivity like Christmas, if the value of the giftis under the circumstances manifestlyexcessive.

(d) "Person" includes natural and juridicalpersons, unless the context indicatesotherwise.

Section 3. Corrupt practices of public officers. In

addition to acts or omissions of public officersalready penalized by existing law, the followingshall constitute corrupt practices of any publicofficer and are hereby declared to be unlawful:(a) Persuading, inducing or influencing another

public officer to perform an act constituting aviolation of rules and regulations dulypromulgated by competent authority or anoffense in connection with the official dutiesof the latter, or allowing himself to bepersuaded, induced, or influenced to commitsuch violation or offense.

(b) Directly or indirectly requesting or receivingany gift, present, share, percentage, or benefit, for himself or for any other person,in connection with any contract or transaction between the Government andany other part, wherein the public officer inhis official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receivingany gift, present or other pecuniary or material benefit, for himself or for another,

from any person for whom the public officer,in any manner or capacity, has secured or obtained, or will secure or obtain, anyGovernment permit or license, inconsideration for the help given or to begiven, without prejudice to Section thirteenof this Act.

(d) Accepting or having any member of hisfamily accept employment in a privateenterprise which has pending officialbusiness with him during the pendencythereof or within one year after itstermination.

(e) Causing any undue injury to any party,including the Government, or giving anyprivate party any unwarranted benefits,advantage or preference in the discharge of his official administrative or judicial functionsthrough manifest partiality, evident bad faithor gross inexcusable negligence. Thisprovision shall apply to officers andemployees of offices or governmentcorporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to actwithin a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from anyperson interested in the matter somepecuniary or material benefit or advantage,or for the purpose of favoring his owninterest or giving undue advantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into

any contract or transaction manifestly andgrossly disadvantageous to the same,whether or not the public officer profited or will profit thereby.

(h) Director or indirectly having financing or pecuniary interest in any business, contractor transaction in connection with which heintervenes or takes part in his officialcapacity, or in which he is prohibited by theConstitution or by any law from having anyinterest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interestin any transaction or act requiring theapproval of a board, panel or group of whichhe is a member, and which exercisesdiscretion in such approval, even if he votesagainst the same or does not participate inthe action of the board, committee, panel or group.

Interest for personal gain shall bepresumed against those public officersresponsible for the approval of manifestly




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unlawful, inequitable, or irregular transactionor acts by the board, panel or group to whichthey belong.

(j) Knowingly approving or granting anylicense, permit, privilege or benefit in favor of any person not qualified for or not legallyentitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of aconfidential character, acquired by his officeor by him on account of his official positionto unauthorized persons, or releasing suchinformation in advance of its authorizedrelease date.

The person giving the gift, present, share,percentage or benefit referred to insubparagraphs (b) and (c); or offering or givingto the public officer the employment mentionedin subparagraph (d); or urging the divulging or untimely release of the confidential informationreferred to in subparagraph (k) of this sectionshall, together with the offending public officer,be punished under Section nine of this Act andshall be permanently or temporarily disqualifiedin the discretion of the Court, from transactingbusiness in any form with the Government.

A.M. No. 02-9-02-SCRe: Automatic Conversion of Some Administrative Cases Against justices of theCourt of Appeals and the Sandiganbayan; judges of Regular and Special Courts; and CourtOfficials Who are Lawyers as DisciplinaryProceedings Against Them Both as SuchOfficials and as Members of the Philippine Bar Gentleman:

Quoted hereunder, for your information, is aresolution of the Court dated SEPT 17 2002 .

A.M. No. 02-9-02-SC Re: Automatic Conversionof Some Administrative Cases Against justicesof the Court of Appeals and the Sandiganbayan;Judges of Regular and Special Courts; andCourt Officials Who are Lawyers as DisciplinaryProceedings Against Them Both as Such

Officials and as Members of the Philippine Bar.

Some administrative cases against justices of the Court of Appeals and the SandiganbayanJudges of regular and special courts; and courtofficials who are lawyers are based on groundswhich are likewise grounds for the disciplinaryaction of members of the Bar for violation of theLawyer's Oath, the Code of Professional

Responsibility; and the Canons of ProfessionalEthics, or for such other forms of breaches of conduct that have been traditionally recognizedas grounds for the discipline of lawyers.

In any of the foregoing instances, theadministrative case shall also be considered adisciplinary action against the respondent justice, judge or court official concerned as amember of the Bar. The respondent mayforthwith be required to comment on thecomplaint and show cause why he should notalso be suspended, disbarred or otherwisedisciplinary sanctioned as a member of the Bar.Judgment in both respects may be incorporated

in one decision or resolution.

This Resolution shall supplement Rule 140 of the Rules of Court and shall take effect on thefirst day of October 2002. It shall apply toadministrative cases already filed where therespondents have not yet been required tocomment on the complaints.

This Resolution shall be published in anewspaper of general Circulation in thePhilippines.

Very truly yours,(SGD.) LUZVIMINDA D. PUNOClerk of Court

A. M. No. 00-8-10-SCSeptember 4, 2001

RE: TRANSFER OF CASES FROM THESECURITIES AND EXCHANGE COMMISSIONTO THE REGIONAL TRIAL COURTS.

R E S O L U T I O N

CLARIFICATION ON THE LEGAL FEES TOBE COLLECTED AND THE APPLICABLEPERIOD OF APPEAL IN CASES FORMERLYCOGNIZABLE BY THE SECURITIES ANDEXCHANGE COMMISSION

Clarification has been sought on the legal fees to

be collected and the period of appeal applicablein cases formerly cognizable by the Securitiesand Exchange Commission. It appears that theInterim Rules of Procedure on CorporateRehabilitation and the Interim Rules of Procedure for Intra-Corporate Controversies donot provide the basis for the assessment of filingfees and the period of appeal in cases




10


transferred from the Securities and ExchangeCommission to particular Regional Trial Courts.

The nature of the above mentioned casesshould first be ascertained. Section 3(a), Rule 1of the 1997 Rules of Civil Procedure defines civilaction as one by which a party sues another for the enforcement or protection of a right, or theprevention or redress of a wrong. It further statesthat a civil action may either be ordinary or special, both being governed by the rules for ordinary civil actions subject to the special rulesprescribed for special civil actions. Section 3(c)of the same Rule, defines a special proceedingas a remedy by which a party seeks to establisha status, a right, or a particular fact.

Applying these definitions, the cases covered bythe Interim Rules for Intra-CorporateControversies should be considered as ordinarycivil actions. These cases either seek therecovery of damages/property or specificperformance of an act against a party for theviolation or protection of a right. These casesare:(1) Devices or schemes employed by, or any

act of, the board of directors, businessassociates, officers or partners, amountingto fraud or misrepresentation which may bedetrimental to the interest of the publicand/or of the stockholders, partners, or members of any corporation, partnership, or association;

(2) Controversies arising out of intra-corporate,partnership, or association relations,between and among stockholders, members

or associates; and between, any or all of them and the corporation, partnership, or association of which they are stockholders,members or associates, respectively;

(3) Controversies in the election or appointmentof directors, trustees, officers, or managersof corporations, partnerships, or associations;

(4) Derivative suits; and(5) Inspection of corporate books.

On the other hand, a petition for rehabilitation,the procedure for which is provided in the InterimRules of Procedure on Corporate Recovery,should be considered as a special proceeding. Itis one that seeks to establish the status of aparty or a particular fact. As provided in section1, Rule 4 of the Interim Rules on CorporateRecovery, the status or fact sought to beestablished is the inability of the corporatedebtor to pay its debts when they fall due so thata rehabilitation plan, containing the formula for the successful recovery of the corporation, may

be approved in the end. It does not seek a relief from an injury caused by another party.

Section 7 of Rule 141 (Legal Fees) of theRevised Rules of Court lays the amount of filingfees to be assessed for actions or proceedingsfiled with the Regional Trial Court. Section 7(a)and (b) apply to ordinary civil actions while 7(d)and (g) apply to special proceedings.

In fine, the basis for computing the filing fees inintra-corporate cases shall be section 7(a) and(b)l & 3 of Rule 141. For petitions for rehabilitation, section 7(d) shall be applied.

Notwithstanding the foregoing, cases involvingintra-corporate disputes and petitions for rehabilitation shall be entered, recorded anddocketed in a single and special docket bookseparate from civil actions and specialproceedings.

As a reminder to the judges and clerks of court,the fees collected shall be allocated between theGeneral Fund and the Judiciary DevelopmentFund in accordance with the guidelinesprescribed in Administrative Order No. 3-2000.

Following the discussion above, the period of appeal provided in section 3, Rule 41 of the1997 Rules of Civil Procedure for ordinary civilactions shall apply to cases involving intra-corporate disputes. Corollarily, the period of appeal provided in paragraph 19(b) of theInterim Rules Relative to the Implementation of B.P. Blg. 129 for special proceedings shall apply

to petitions for rehabilitation.

This resolution shall take effect on October 1,2001, fifteen (15) days after its publication in two(2) newspapers of general circulation.

Promulgated this 4th day of September 2001.

B.M. No. 2012RULE ON MANDATORY LEGAL AID SERVICE

SECTION 1. Tit le . - This Rule shall be known as

"The Rule on Mandatory Legal Aid Service."

SECTION 2. Purpose . - This Rule seeks toenhance the duty of lawyers to society as agentsof social change and to the courts as officersthereof by helping improve access to justice bythe less privileged members of society andexpedite the resolution of cases involving them.Mandatory free legal service by members of the




10


bar and their active support thereof will aid theefficient and effective administration of justiceespecially in cases involving indigent and pauper litigants.

SECTION 3. Scope . - This Rule shall govern themandatory requirement for practicing lawyers torender free legal aid services in all cases(whether, civil, criminal or administrative)involving indigent and pauper litigants where theassistance of a lawyer is needed. It shall alsogovern the duty of other members of the legalprofession to support the legal aid program of the Integrated Bar of the Philippines.

SECTION 4. De fi n it io n o f Ter m s . - For purposes of this Rule:(a) Practicing lawyers are members of the

Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicialagencies, including but not limited to theNational Labor Relations Commission,National Conciliation and Mediation Board,Department of Labor and EmploymentRegional Offices, Department of AgrarianReform Adjudication Board and NationalCommission for Indigenous Peoples. Theterm "practicing lawyers" shall exclude:(i) Government employees and incumbent

elective officials not allowed by law topractice;

(ii) Lawyers who by law are not allowed toappear in court;

(iii) Supervising lawyers of students enrolledin law student practice in duly accreditedlegal clinics of law schools and lawyers

of non-governmental organizations(NGOs) and peoples’ organizations(POs) like the Free Legal AssistanceGroup who by the nature of their workalready render free legal aid to indigentand pauper litigants and

(iv) Lawyers not covered under subparagraphs (i) to (iii) including thosewho are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicialagencies.

(b) Indigent and pauper litigants are thosedefined under Rule 141, Section 19 of theRules of Court and Algura v. The Local Government Unit of the City of Naga (G.R.No.150135, 30 October 2006, 506 SCRA81);

(c) Legal aid cases are those actions, disputes,and controversies that are criminal, civil andadministrative in nature in whatever stagewherein indigent and pauper litigants needlegal representation;

(d) Free legal aid services refer to appearancein court or quasi-judicial body for and inbehalf of an indigent or pauper litigant andthe preparation of pleadings or motions. Itshall also cover assistance by a practicinglawyer to indigent or poor litigants in court-annexed mediation and in other modes of alternative dispute resolution (ADR).Services rendered when a practicing lawyer is appointed counsel de oficio shall also beconsidered as free legal aid services andcredited as compliance under this Rule;

(e) Integrated Bar of the Philippines (IBP) is theofficial national organization of lawyers inthe country;

(f) National Committee on Legal Aid (NCLA) isthe committee of the IBP which isspecifically tasked with handling legal aidcases;

(g) Committee on Bar Discipline (CBD) is thecommittee of the IBP which is specificallytasked with disciplining members of the Bar;

(h) IBP Chapters are those chapters of theIntegrated Bar of the Philippines located inthe different geographical areas of thecountry as defined in Rule 139-A and

(i) Clerk of Court is the Clerk of Court of thecourt where the practicing lawyer renderedfree legal aid services. In the case of quasi- judicial bodies, it refers to an officer holdingan equivalent or similar position.

The term shall also include an officer holding a similar position in agenciesexercising quasi-judicial functions, or aresponsible officer of an accredited PO or NGO, or an accredited mediator who

conducted the court-annexed mediationproceeding.

SECTION 5. Requirements . -(a) Every practicing lawyer is required to render

a minimum of sixty (60) hours of free legalaid services to indigent litigants in a year.Said 60 hours shall be spread within aperiod of twelve (12) months, with aminimum of five (5) hours of free legal aidservices each month. However, where it isnecessary for the practicing lawyer to render legal aid service for more than five (5) hoursin one month, the excess hours may becredited to the said lawyer for thesucceeding periods.

For this purpose, a practicing lawyer shall coordinate with the Clerk of Court for cases where he may render free legal aidservice. He may also coordinate with theIBP Legal Aid Chairperson of the IBPChapter to inquire about cases where hemay render free legal aid service. In this






10


chapters for the proper handling andaccounting of legal aid cases whichpracticing lawyers can represent.

(b) The NCLA shall monitor the activities of theChapter of the Legal Aid Office with respectto the coordination with Clerks of Court onlegal aid cases and the collation of certificates submitted by practicing lawyers.

(c) The NCLA shall act as the nationalrepository of records in compliance with thisRule.

(d) The NCLA shall prepare the following forms:certificate to be issued by the Clerk of Courtand forms mentioned in Section 5(e) and(g).

(e) The NCLA shall hold in trust, manage andutilize the contributions and penalties thatwill be paid by lawyers pursuant to this Ruleto effectively carry out the provisions of thisRule. For this purpose, it shall annuallysubmit an accounting to the IBP Board of Governors.

The accounting shall be included by theIBP in its report to the Supreme Court inconnection with its request for the release of the subsidy for its legal aid program.

SECTION 7. Penalties . -(a) At the end of every calendar year, any

practicing lawyer who fails to meet theminimum prescribed 60 hours of legal aidservice each year shall be required by theIBP, through the NCLA, to explain why hewas unable to render the minimumprescribed number of hours. If noexplanation has been given or if the NCLA

finds the explanation unsatisfactory, theNCLA shall make a report andrecommendation to the IBP Board of Governors that the erring lawyer be declareda member of the IBP who is not in goodstanding. Upon approval of the NCLA’srecommendation, the IBP Board of Governors shall declare the erring lawyer asa member not in good standing. Noticethereof shall be furnished the erring lawyer and the IBP Chapter which submitted thelawyer’s compliance report or the IBPChapter where the lawyer is registered, incase he did not submit a compliance report.The notice to the lawyer shall include adirective to pay Four Thousand Pesos(P4,000) penalty which shall accrue to thespecial fund for the legal aid program of theIBP.

(b) The "not in good standing" declaration shallbe effective for a period of three (3) monthsfrom the receipt of the erring lawyer of thenotice from the IBP Board of Governors.

During the said period, the lawyer cannotappear in court or any quasi-judicial body ascounsel. Provided, however, that the "not ingood standing" status shall subsist evenafter the lapse of the three-month perioduntil and unless the penalty shall have beenpaid.

(c) Any lawyer who fails to comply with hisduties under this Rule for at least three (3)consecutive years shall be the subject of disciplinary proceedings to be institutedmotu proprio by the CBD. The saidproceedings shall afford the erring lawyer due process in accordance with the rules of the CBD and Rule 139-B of the Rules of Court. If found administratively liable, thepenalty of suspension in the practice of lawfor one (1) year shall be imposed upon him.

(d) Any lawyer who falsifies a certificate or anyform required to be submitted under thisRule or any contents thereof shall beadministratively charged with falsificationand dishonesty and shall be subject todisciplinary action by the CBD. This iswithout prejudice to the filing of criminalcharges against the lawyer.

(e) The falsification of a certificate or anycontents thereof by any Clerk of Court or byany Chairperson of the Legal Aid Committeeof the IBP local chapter where the case ispending or by the Director of a legal clinic or responsible officer of an NGO or PO shall bea ground for an administrative case againstthe said Clerk of Court or Chairperson. Thisis without prejudice to the filing of thecriminal and administrative charges against

the malfeasor.

SECTION 8. Credi t for Mandatory Cont inuing Legal Educat ion (MCLE ). - A lawyer whorenders mandatory legal aid service for therequired number of hours in a year for the threeyear-period covered by a compliance periodunder the Rules on MCLE shall be credited thefollowing: two (2) credit units for legal ethics, two(2) credit units for trial and pretrial skills, two (2)credit units for alternative dispute resolution, four (4) credit units for legal writing and oraladvocacy, four (4) credit units for substantiveand procedural laws and jurisprudence and six(6) credit units for such subjects as may beprescribed by the MCLE Committee under Section 2(9), Rule 2 of the Rules on MCLE.

A lawyer who renders mandatory legal aidservice for the required number of hours in ayear for at least two consecutive years within thethree year-period covered by a complianceperiod under the Rules on MCLE shall be




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credited the following: one (1) credit unit for legalethics, one (1) credit unit for trial and pretrialskills, one (1) credit unit for alternative disputeresolution, two (2) credit units for legal writingand oral advocacy, two (2) credit units for substant ive and procedural laws and jurisprudence and three (3) credit units for suchsubjects as may be prescribed by the MCLECommittee under Section 2(g), Rule 2 of theRules on MCLE.

SECTION 9. Implement ing Rules . - The IBP,through the NCLA, is hereby given authority torecommend implementing regulations indetermining who are "practicing lawyers," whatconstitute "legal aid cases" and whatadministrative procedures and financialsafeguards which may be necessary and proper in the implementation of this rule may beprescribed. It shall coordinate with the variouslegal chapters in the crafting of the proposedimplementing regulations and, upon approval bythe IBP Board of Governors, the saidimplementing regulations shall be transmitted tothe Supreme Court for final approval.

SECTION 10. Effectivity . - This Rule and itsimplementing rules shall take effect on July1,2009 after they have been published in two (2)newspapers of general circulation.

Rule 138-ALaw Student Practice Rule

Section 1. Conditions for student practice. — Alaw student who has successfully completed his3rd year of the regular four-year prescribed lawcurriculum and is enrolled in a recognized lawschool's clinical legal education programapproved by the Supreme Court, may appear without compensation in any civil, criminal or administrative case before any trial court,tribunal, board or officer, to represent indigentclients accepted by the legal clinic of the lawschool.

Section 2. Appearance. — The appearance of the law student authorized by this rule, shall be

under the direct supervision and control of amember of the Integrated Bar of the Philippinesduly accredited by the law school. Any and allpleadings, motions, briefs, memoranda or other papers to be filed, must be signed by thesupervising attorney for and in behalf of the legalclinic.

Section 3. Privileged communications. — TheRules safeguarding privileged communicationsbetween attorney and client shall apply to similar communications made to or received by the lawstudent, acting for the legal clinic.

Section 4. Standards of conduct and supervision. — The law student shall complywith the standards of professional conductgoverning members of the Bar. Failure of anattorney to provide adequate supervision of student practice may be a ground for disciplinaryaction. (Circular No. 19, dated December 19,1986).

Presidential Decree No. 1829PENALIZING OBSTRUCTION OFAPPREHENSION AND PROSECUTION OFCRIMINAL OFFENDERS

WHEREAS, crime and violence continue to

proliferate despite the sustained vigorous effortsof the government to effectively contain them;

WHEREAS, to discourage public indifference or apathy towards the apprehension andprosecution of criminal offenders, it is necessaryto penalize acts which obstruct or frustrate or tend to obstruct or frustrate the successfulapprehension and prosecution of criminaloffenders;

NOW, THEREFORE, I, FERDINAND, E.MARCOS, President of the Philippines, by virtueof the powers vested in me by law do herebydecree and order the following:

Section 1. The penalty of prision correccional inits maximum period, or a fine ranging from 1,000to 6,000 pesos, or both, shall be imposed uponany person who knowingly or willfully obstructs,impedes, frustrates or delays the apprehensionof suspects and the investigat ion andprosecution of criminal cases by committing anyof the following acts:(a) preventing witnesses from testifying in any

criminal proceeding or from reporting thecommission of any offense or the identity of

any offender/s by means of bribery,misrepresentation, deceit, intimidation, forceor threats;

(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity,authenticity, legibility, availability, or admissibility as evidence in any investigationof or official proceedings in, criminal cases,




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or to be used in the investigation of, or official proceedings in, criminal cases;

(c) harboring or concealing, or facilitating theescape of, any person he knows, or hasreasonable ground to believe or suspect,has committed any offense under existingpenal laws in order to prevent his arrestprosecution and conviction;

(d) publicly using a fictitious name for thepurpose of concealing a crime, evadingprosecution or the execution of a judgment,or concealing his true name and other personal circumstances for the samepurpose or purposes;

(e) delaying the prosecution of criminal casesby obstructing the service of process or court orders or disturbing proceedings in thefiscal's offices, in Tanodbayan, or in thecourts;

(f) making, presenting or using any record,document, paper or object with knowledgeof its falsity and with intent to affect thecourse or outcome of the investigation of, or official proceedings in, criminal cases;

(g) soliciting, accepting, or agreeing to acceptany benefit in consideration of abstainingfrom, discounting, or impeding theprosecution of a criminal offender;

(h) threatening directly or indirectly another withthe infliction of any wrong upon his person,honor or property or that of any immediatemember or members of his family in order toprevent such person from appearing in theinvestigation of, or official proceedings in,criminal cases, or imposing a condition,whether lawful or unlawful, in order to

prevent a person from appearing in theinvestigation of or in official proceedings in,criminal cases;

(i) giving of false or fabricated information tomislead or prevent the law enforcementagencies from apprehending the offender or from protecting the life or property of thevictim; or fabricating information from thedata gathered in confidence by investigatingauthorities for purposes of backgroundinformation and not for publication andpublishing or disseminating the same tomislead the investigator or to the court.

If any of the acts mentioned herein is penalizedby any other law with a higher penalty, thehigher penalty shall be imposed.

Section 2. If any of the foregoing acts iscommitted by a public official or employee, heshall in addition to the penalties providedthereunder, suffer perpetual disqualification fromholding public office.

Section 3. This Decree shall take effectimmediately.

Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteenhundred and eighty-one.

- end of Legal Ethics -





LEGAL ETHICS AND FORMS REVIEWER TABLE OF CONTENTS

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L E G A L F O R M S

L G L FORMS

Table of Contents

Part I. Parts Common to Forms ..................108 A. Scilicet ................. .................. ............108B. Captions and Titles ...........................108C. Prayer................................................109

D. Statements Under Oath ....................1091. Acknowledgement and Jurat ........1092. Verification ....................................1113. Certification against Forum Shopping

......................................................1124. Verified Statement of Material Dates

1135. Specific Denial of Due Execution of

Actionable Documents.................. 114E. Request for and Notice of Hearing....114F. Proof of Service.................................115

1. Proof of Personal Service .............1152. Proof of Service by Registered Mail

(with Explanation for failure to servepersonally) ....................................115

G. Place, Date, Signature, Address, RollNumber, IBP Receipt Number, PTRNumber, etc.......................................116

H. Notice of Appeal................................117

Part II. Pleadings in Civil Procedure .........118 A. Complaint ............... .................. .........118B. Answer ..............................................120D. Pre-Trial Brief ....................................122E. Motions..............................................124E. Special Civil Actions..........................132

1. Certiorari.......................................1322. Prohibition ....................................1333. Mandamus....................................1344. Interpleader ..................................1355. Action to Quiet (or Remove Cloud on)

Title...............................................1366. Action for Declaratory Relief ........1377. Quo Warranto...............................138

Part III. Pleadings and Other LegalDocuments in Criminal Procedure .............139

A. Complaint-Affidavit and Counter- Affidavit.......... .................. .................. 139

B. Information and Complaint................142

C. Motions..............................................1451. Motion to Quash Information........1452. Motion to Quash Search Warrant 1463. Motion to Suppress Evidence ......1474. Motion for Bail ..............................148

D. Application for Bail ............................149

IV. Pleadings and Other Legal DocumentsCommon to Civil and Criminal Procedure.150

A. Offer of Evidence andOpposition/Comment to Offer ...........150

B. Demurrer to Evidence .......................152C. Notice of Lis Pendens .......................154D. Appearance and Withdrawal as Counsel

......................................................154E. Substitution of Counsel ..................... 156

Part V. Pleadings in Cases and SpecialProceedings..................................................157

A. Petition for Habeas Corpus...... ......... 157B. Petition for Adoption..........................158C. Petition for Declaration of Nullity of

Marriage ............................................158D. Petition for Probate of Holographic Will..

......................................................160

Part VI. Deeds, Contracts and Other LegalDocuments....................................................161

A. General Power of Attorney.......... ...... 161B. Special Power of Attorney.................162C. Contract of Lease..............................163D. Holographic and Notarial Will ...........164E. Donation Inter Vivos..........................166F. Secretary’s Certificate.......................167G. Board Resolutions.............................167H. Deed of Assignment..........................168I. Deed of Sale ..................................... 168J. Dacion En Pago ................................173K. Chattel Mortgage ..............................174

Part VII. Appeals and Other Modes of Review 175

A. Ordinary Appeals in Civil Cases ....... 175B. Ordinary Appeals in Criminal Cases. 175C. Petitions for Review ..........................176

Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data ........................... 177

A. Amparo.............. ................. ............... 177B. Writ of Habeas Data..........................180

Glossary of Uncommon Terms...................183



LEGAL ETHICS AND FORMS REVIEWER Part I. PARTS COMMON TO FORMS

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L E G A L F O R M S

NOTE THE BASIC DIFFERENCE BETWEEN:

MOTIONS :: applications to the court for an(interlocutory or interim) order (for the adverseparty or for third parties to do something)

PLEADINGS : : written statements of therespective claims and defenses of the partiessubmitted to the court for appropriate judgment└ seek final reliefs

Part I. Parts Common to Forms

A. SCILICETB. CAPTIONS AND TITLESC. PRAYERD. STATEMENTS UNDER OATH

1. Acknowledgement and Jurat2. Verification3. Certification against Forum Shopping4. Verified Statement of Material dates5. Specific Denial of Due Execution of

Actionable DocumentsE. REQUEST FOR AND NOTICE OF HEARINGF. PROOF OF SERVICE

1. Proof of Personal Service2. Proof of Service by Registered Mail

G. PLACE, DATE, SIGNATURE, ADDRESS, ROLLNUMBER, IBP RECEIPT NUMBER, PTRNUMBER, ETC.

H. NOTICE OF APPEAL

A. ScilicetSCILICET, often abbreviated as “S.S.” or “§” in acaption, is Latin for “it is permitted to know”. Itrefers to the venue of execution of the

instrument or document, and is read as “to wit”or “that is to say”.

Standard Form of a Scilicet:

REPUBLIC OF THE PHILIPPINES )City/Municipality of ____________ ) S.S.

B. Captions and TitlesCAPTION, a part of the pleading, sets forth:1. the name of the court2. the title of the action3. the docket number, if assigned

TITLE, on the other hand, indicates the namesof the parties, who must be named in the originalcomplaint or petition. But, in subsequentpleadings, it shall suffice if the name of the firstparty on each side be stated, in case there areother persons on each side. Their respectiveparticipation in the case must be specified.

General Form of a Caption and Title:

L G

FO

MSLEGAL FORMS TEAM

Prof. Theodore TeFaculty Editor

Francesse Joy CordonLead Writer

Don Mañeboriter

LEGAL ETHICS and FORMS

Francesse Joy CordonSubject Editor

ACADEMICS COMMITTEE

Kristine BongcaronMichelle Dy

Patrich LeccioEditors-in-Chief

PRINTING & DISTRIBUTION

Kae Guerrero

DESIGN & LAYOUT

Pat Hernandez

Viktor FontanillaRomualdo Menzon Jr.

Rania Joya

LECTURES COMMITTEE

Michelle AriasCamille Maranan Angela Sandalo

Heads

Katz ManzanoSam Nuñez

Arianne Cerezo

Mary Rose BeleyKrizel MalabananMarcrese Banaag

olunteers

MOCK BAR COMMITTEE

Lilibeth Perez

BAR CANDIDATES WELFARE

Dahlia Salamat

LOGISTICS

Charisse Mendoza

SECRETARIAT COMMITTEE

Jill HernandezHead

Loraine Mendoza

Mary Mendoza

Faye Celso

Joie BajoMembers




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L E G A L F O R M S

Republic of the PhilippinesNational Capital Judicial Region

REGIONAL TRIAL COURTBranch 1, Manila

________________________________________,Plaintiff,

-versus- Civil Case No._______________ For _______________________

________________________________________,Defendant.

x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

OR

In case of a special proceeding, the Caption and Title looks like:

IN THE MATTER OF _______________________

C. Prayer PRAYER

WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to pay the plaintiff the amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages, Fifty Thousand Pesos(Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary damages, and Fifty ThousandPesos (Php.50,000) for attorney’s fees.

Other just and equitable reliefs are also prayed for.

D. Statements Under Oath

1. Acknowledgement and Jurat

ACKNOWLEDGMENT JURATBased on the 2004 Rules on Notarial Practice: An act in which an individual on a single occasion:a. appears in person before the notary public and

presents an integrally complete instrument or document;

b. is attested to be personally known to the notarypublic or identified by the notary public throughcompetent evidence of identity as defined bythese Rules; and

c. represents to the notary public that thesignature on the instrument or document wasvoluntarily affixed by him for the purposes

stated in the instrument or document, declaresthat he has executed the instrument or document as his free and voluntary act anddeed, and, if he acts in a particular representative capacity, that he has theauthority to sign in that capacity.

An act in which an individual (the NOTARYPUBLIC) on a single occasion:a. appears in person before the notary public and

presents an instrument or document;b. is personally known to the notary public or

identified by the notary public throughcompetent evidence of identity as defined bythese Rules;

e.g. government issued IDc. signs the instrument or document in the

presence of the notary ; and

d. takes an oath or affirmation before the notarypublic as to such instrument or document. particularly re the due execution of the

document

Other Differences:Declaration that a person has himself executed adeed

Certification that the instrument was “sworn” to him

Purpose: Purpose:




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L E G A L F O R M S

To authorize deed to be given in evidence withoutfurther proof of its executionTo entitle it to be recorded

To give the document a legal character

Where used:- notarized document transmitting rights or property

Where used:- any notarized document* NOTE THAT if the document is subscribed beforea public officer duly authorized to take oaths, thenthere is no need for the affiant to produce a CTC,nor for the entry into a Notarial Register; theitalicized portion of the JURAT is dispensed with,but not the oath itself.

Note that one must specifically designate the nature/title of the instrument or deed the affiant hasexecuted.

Acknowledgement:

Republic of the Philippines )City of Manila ) S.S.

BEFORE ME, this 13 th day of April, 2007 in the City of Manila, Philippines, personally appeared ATTICUSFINCH, with [Valid Identification Document] (Driver’s License No. N25-07-007777) issued by the [official agency](Land Transportation Office) on 10 January 2007, known to me to be the same person who executed the foregoinginstrument, and who acknowledged to me that the same is his free act and deed.

IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and place written.

(Sgd.) N. O. TARIONotary PublicUntil __________________ PTR No. _______________ Issued at ______________ On ___________________

Doc. No.Page No.Book No.Series of 2007

NOTE: If the instrument consists of 2 or more pages, include the following after the 1st

paragraph:

This instrument, consisting of ___ pages, including the page on which this acknowledgment is written, has beensigned on the left margin of each and every page thereof by ___________ and his witnesses (if any), and sealed withmy Notarial seal.

* The Notary Public’s seal must be impressed on every page of the document notarized.

Jurat:

SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of _________________, affiant exhibiting before me his Government Issued ID no. _______________ issued on __________________ at _____________________.

(Sgd.) N. O. TARIO

Notary PublicUntil __________________ PTR No. _______________ Issued at ______________

Doc. No.Page No.Book No.Series of 2007.






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3. Certification against Forum Shopping

Under Rule 7, Sec. 5, the plaintiff or principalparty must certify under oath in the complaint,initiatory pleading, or sworn certification that:1. he has not commenced any action or filed

any claim involving the same issues in anycourt, tribunal or quasi-judicial agency and,to the best of his knowledge, no such other action or claim is pending there

2. if there is such other pending action or claim, a complete statement of its presentstatus, and

3. if he should thereafter learn that the sameor similar action or claim has been filed or ispending, he shall report that fact within 5days to the court where his complaint or pleading was filed.

Failure to comply with this requirement is notcurable by mere amendment but shall be causefor dismissal w/o prejudice, UNLESS otherwiseprovided, upon motion and after hearing.

Submission of a false certification or non-compliance with its undertakings shall constituteindirect contempt of court, without prejudice tocorresponding administrative and criminalactions.

A lt er nat iv e Cen ter f or O rg an izat io nal Re fo rms and Deve lopmen t , Inc . v s . Zamora (2005) :: While the requirement of the certificateof non-forum shopping is mandatory,nonetheless the requirements must not beinterpreted too literally and thus defeat theobjective of preventing the undesirable practice

of forum-shopping ( Bernardo v. NLRC, 255SCRA 108 [1996]). Lastly, technical rules of procedure should be used to promote, notfrustrate justice. While the swift unclogging of court dockets is a laudable objective, thegranting of substantial justice is an even moreurgent ideal.

San Miguel Corpora t ion vs . A bal la (2005) ::While the general rule is that the certificate of non-forum shopping must be signed by all theplaintiffs or petitioners in a case and thesignature of only one of them is insufficient,theSupreme Court has stressed that the rules onforum shopping, which were designed topromote and facilitate the orderly administrationof justice, should not be interpreted with suchabsolute literalness as to subvert its ownultimate and legitimate objective. Strictcompliance with the provisions regarding thecertificate of non-forum shopping merelyunderscores its mandatory nature in that thecertification cannot be altogether dispensed with

or its requirements completely disregarded. Itdoes not, however, thereby interdict substantialcompliance with its provisions under justifiablecircumstances.

Phi l ippine Rabbi t Bus Lines , Inc . vs . Aladdin Trans i t Corp . (2006) :: The requirement of verification and certification against forum

shopping are mandatory, failure to comply withwhich is sufficient ground for the dismissal of thepetition. Revised Circular No. 28-9 in factrequires all petitions filed with the SC or CA to,not only comply with Rule 45, but also to certifyunder oath all of the following facts or undertakings: (a) he has not theretoforecommenced any other action or proceedinginvolving the same issues in the Supreme Court,the Court of Appeals, or any other tribunal or agencies; (b) to the best of his knowledge, nosuch action or proceeding is pending in theSupreme Court, the Court of Appeals or different

Divisions thereof, or any other tribunal or agency; (c) if there is such other action or proceeding pending, he must state the status of the same; and (d) if he should thereafter learnthat a similar action or proceeding has been filedor is pending before the Supreme Court, theCourt of Appeals, or different Divisions thereof,or any other tribunal or agency, he undertakes topromptly inform the aforesaid courts and suchother tribunal or agency of that fact within five(5) days therefrom.

Aba iga r v s . Aba igar (2006) :: A certificationagainst forum shopping by counsel and not bythe principal party himself is no certification atall. It is a defective certification which istantamount to non-compliance with therequirement prescribed by the Rules of Court andconstitutes a valid cause for the dismissal of thepetition. This is because it is the petitioner andnot the counsel who is in the best position toknow whether he actually filed or caused thefiling of the petition. The appellate court, strictlyspeaking, was, therefore, correct when itdismissed the petition in this case. There havebeen instances, however, that the Rule on thematter has been relaxed, such as when thepetitioner was at the time of the filing of thepetition abroad ( Donato vs. Court of Appeals ), or where the interest of substantial justice sorequires ( Sy Chin vs. Court of Appeals ) and ( Paul Lee Tan vs. Paul Sycip and Merritto Lim ).

In fine, when the interest of substantial justiceoverrides the procedural lapse, the Rule on thematter may be relaxed.




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CERTIFICATION AGAINST FORUM SHOPPING

Republic of the Philippines )City of _______________ ) S.S.

C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that:1. He is the plaintiff in the case entitled (title of the case);2. He certifies that he has not commenced any action or filed any claim involving the same issues before any

other court, tribunal or quasi-judicial agency;

3. To the best of his knowledge, there is no such pending action or claim;4. If he should learn that a similar action or claim has been filed or is pending he shall report such fact withinfive (5) days from the discovery to this Honorable Court.

(Sgd.) C.K. HILFIGER

PLUS: Jurat

* The Verifications in 2,3,4 and 5 can be contained in one document, if they are required in the samepleading, as shown here:

Combined Verification and Certification against Forum Shopping:

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and insuch capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correctto the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending beforeany court involving the same parties and the same issue and that, should I learn of such a case, I shall notify thecourt within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on _____________.

(Sgd.) C.K. HILFIGERPLUS: Jurat

4. Verified Statement of Material Dates

This statement, referring to the date when theDecision or Judgment was received, is added tothe standard “Verification and Certification Against Forum Shopping” in special civil actions.

* Rule 65, section 6, par. 2 expressly makesRule 56, section 2 applicable to petitions for certiorari, mandamus and prohibition. Rule 56,section 2 provides that Rules 46, 48, 49, 51, 52and 56 apply. Rule 46, section 3 provides thatthe petition must be accompanied not onlyby a certified true copy of the judgment or order questioned but also by “such materialportions of the record as are referred totherein, and other documents, relevant or pertinent thereto .”

VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and insuch capacity, caused this Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision] of theCourt on 13 April 2007; I have read its contents and affirm that they are true and correct to the best of my ownpersonal knowledge; I hereby certify that there is no other case commenced or pending before any court involving thesame parties and the same issue and that, should I learn of such a case, I shall notify the court within five (5) daysfrom my notice.

IN WITNESS WHEREOF, I have signed this instrument on _____________.

(Sgd.) C.K. HILFIGERPLUS: Jurat




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5. Specific Denial of Due Execution of Actionable Documents

Under Rule 8, Sec. 7, RoC, the substance of anactionable document, upon which an action or defense is based, must be presented in any of three ways: (1) by setting it forth in the pleading;(2) by by attaching the original or a copy of thedocument to the pleading as an exhibit; or (3) bysetting forth a copy, with like effect, in thepleading.

Under Rule 8, Sec. 8, to contest such anactionable document, the genuineness and dueexecution of the instrument must be deemedadmitted, UNLESS, the adverse party, UNDEROATH, SPECIFICALLY DENIES them, and setsforth what he claims to be the facts; but therequirement of an oath does not apply, when theadverse party does not appear to be a party to

the instrument or when compliance with an order for an inspection of the original document isrefused. Under Sec. 10 thereof, the defendantmust specify each MATERIAL ALLEGATION OFFACT, the truth of which he does not admit and,whenever practicable, he must set forth thesubstance of the matters upon which he relies tosupport his denial. Where a defendant desires to

deny only a part of an averment, he must specifyso much of it as is true and material and shalldeny only the remainder. However, where adefendant is without knowledge or information,sufficient to form a belief as to the truth of amaterial averment made in the complaint, hemust so state, and this shall have the effect of adenial. Allegations not specifically denied aredeemed admitted as per Sec. 11, Rule 8, RoC.

I, (Name), do hereby state under oath that:

1. I am the (designation of party) in this case; in said capacity, I received a copy of the (adverse pleading) on(date).2. I caused this (name of pleading) to be prepared;3. I have read its contents and affirm their truth, based on my own personal knowledge and the records athand, all of which I have personally read;4. I specifically deny the authenticity and due execution of the following actionable documents referred to in the(adverse pleading) and attached to it as Annex (number).5. I have not commenced any action between the same parties and for the same issues in any other court, nor is any such action pending;6. Should I learn of any such action, I undertake to report this to the court within 5 days from my knowledge;

TO THE TRUTH OF THE FOREGOING, I have signed this Verification and Certification on (date).

PLUS: JURAT.

E. Request for and Notice of HearingThe NOTICE OF HEARING is both a REQUEST and a NOTICE. It is a REQUEST for the Branch Clerk of Court to include the motion in the calendar for hearing on a specific date and a NOTICE to the opposingcounsel of the hearing date requested. In non-litigious motions or ex-parte motions , it is sufficient that therequest not contain a date, and instead simply include the line “counsel will submit the motion to the courtfor approval immediately upon receipt.”

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURTMetropolitan Trial CourtQuezon City, Branch 39

Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt

hereof and kindly include the same in the court’s calendar for hearing on Friday, 13 April 2007 at 8:30 in the morning. ATTICUS FINCH1 MockingBird StreetTimog Avenue, Quezon City

Please take notice that counsel has requested to be heard on Friday, 13 April 2007 at 8:30 in the morning.

(Sgd.) MITCH MCDEERECounsel for Defendant

2 The FirmLaguna Street, Quezon City




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F. Proof of Service

1. Proof of Personal Service

Copy furnished through personal service:

Atty. Mitch McDeereCounsel for the Defendant2 The FirmLaguna Street, Quezon City

2. Proof of Service by Registered Mail (with Explanation for failure to serve personally)

Pursuant to Sec. 11 & 13, Rule 13, RoC, a WRITTEN EXPLANATION is required, if the service and filingof pleadings and other papers is done by registered mail instead of by personal service. But, thisexplanation is not required in papers coming from the court. Otherwise, the paper may be considered asnot filed. Also, the explanation does not have to be verified, but it MUST be signed. However, in theSupreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanationand the Affidavit of Service.

Copy furnished through registered mail: Atty. Mitch McDeereCounsel for the Defendant2 The Firm

Laguna Street, Quezon CityRegistry Receipt No. ________ Post Office ________________ Date _____________________

EXPLANATION

The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Mitch McDeere byregistered mail instead of personal service as counsel for petitioner only has one messenger and personal servicewould have resulted in the motion not being filed on time to the detriment of petitioner.

(Sgd.) ATTICUS FINCH

Republic of the Philippines )City of _______________ ) s.s.

AFFIDAVIT

I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________, after being duly sworn, deposes and states:

That on ______________________, I served a copy of the following pleadings/papers by registered mail inaccordance with Section 10, Rule 13 of the Rules of Court:

Nature of Pleading/Paper ________________________ ________________________

in Case No. _________________ entitled ____________________ by depositing a copy in the post office in a sealedenvelope, plainly addressed to (name of party or his/her attorney) at _______________ with postage fully paid, asevidenced by Registry Receipt No. _____________________ attached and with instructions to the post master toreturn the mail to sender after ten (10) days if undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City of Manila,Philippines.

(Sgd.) HARPER LEE Affiant

PLUS: Jurat




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G. Place, Date, Signature, Address, Roll Number, IBP Receipt Number, PTR Number, etc.

As per A.M. NO. 07-6-5-SC, counsels must nowindicate in their pleadings or other legaldocuments their contact details aside fromaddress, i.e., telephone, fax, mobile or emailaddress.

As per SC En Banc Resolution on Bar Matter

No. 1132 dated Nov. 12, 2002, all pleadingsmust indicate the ff:1. Roll of Attorneys number of counsel2. Current Professional Tax Receipt number

(PTR No.)3. IBP Official Receipt or Life Member number

As per Bar Matter No. 1922, MCLE complianceor exemption number for the specific complianceperiod must be stated; failure to do so maymean dismissal of the case or expunction of thepleading. (Note: this came as a result of JusticeNachura’s letter to the SC noting the diminishedinterest in the MCLE)

City of Manila, 13 April 2007.

Atty. Mitch McDeereCounsel for the Defendant2 The Firm, Laguna Street,Quezon City, Metro Manila(Telephone, Fax, Email)

Roll No.PTR OR No., date and place of issueIBP OR No., date and place of issueMCLE Compliance/Exemption No.




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H. Notice of Appeal

A Notice of Appeal is filed with the court, whichrendered the judgment or decision beingassailed, and NOT with the appellate court. Itscaption must refer to the said lower court andnot with the latter court.

This is filed with the trial court that rendered the judgment and not the appellate court. Thecaption of this Notice must thus refer to thesame court that rendered the judgment and notthe appellate court.

CAPTION

NOTICE OF APPEAL

Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the lower court dated13 April 2007, a copy of which he received on 26 April 2007.

Quezon City, 2 May 2007.




REGIONAL TRIAL COURTBranch 1, Manila

TALO NAN,Plaintiff,

Civil Case No. 00222- versus -

PANA LO,Defendant.

x------------------------- x

NOTICE OF APPEAL

PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this Honorable Court dated6 July 2006, a copy of which he received on 16 July 2006, for being contrary to law and the evidence presented.

Quezon City for Manila; 17 July 2006.

(Sgd.) ATTICUS FINCHCounsel for Plaintiff

[Address]Copy furnished:

MITCH MCDEERECounsel for Defendant



LEGAL ETHICS AND FORMS REVIEWER Part II. PLEADINGS IN CIVIL PROCEDURE

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Part II. Pleadings in Civil Procedure

A. COMPLAINTB. ANSWERC. PRE-TRIAL BRIEFD. MOTIONSE. SPECIAL CIVIL ACTIONS

1. Certiorari2. Prohibition3. Mandamus4. Interpleader 5. Action to Quiet (or Remove Cloud on)

Title6. Action for Declaratory Relief 7. Quo Warranto

A. Complaint

A complaint MUST include all of the following:1. Caption and Title2. Parties/Capacity of Parties3. Material Allegations of Ultimate Facts4. Statement of Cause(s) of Action

An ANSWER states the defense/s,admissions/specific denials (if aresponsive pleading),counterclaim/crossclaim, whereappropriate.

5. Prayer/Reliefs6. Date/Place of Execution7. Signature of Counsel

As discussed in I.G, the signature of counsel must also indicate his address,contact details (telephone, fax, mobile or email address), Roll of Attorneysnumber, current PTR number, IBP O.R.number and MCLEcompliance/exemption number.

Under Sec. 3, Rule 7, RoC, thesignature of counsel constitutes hiscertification that he has read the

pleading; that to the best of hisknowledge, information and belief, thereis good ground to support it; and that itis not interposed for delay. An unsignedpleading produces no legal effect. BUT,the court may, in its discretion, allowsuch deficiency to be remedied, if it shallappear that the same was due to mereinadvertence and not intended for delay. A counsel, who deliberately files anunsigned pleading, or signs a pleadingin violation of this Rule, or allegesscandalous or indecent matter therein or fails to promptly report to the court achange of his address, must be subjectto appropriate disciplinary action.

8. Verification and Certification Against ForumShopping

A complaint MUST state in the body AND in theprayer the AMOUNT OF DAMAGES sought.This requirement is jurisdictional, failure tocomply with which is a fatal mistake.

Sample Complaint for Ejectment with Damages:

[1] Regional Trial CourtNational Capital Judicial Region

METROPOLITAN TRIAL COURTQuezon City, Branch 33

ALIS DI-YAN COMPANY,Plaintiff,

Civil Case No. 2222- versus - For: Ejectment

YOKO NGA,Defendant.

x ----------------------------------- x




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COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France with businessaddress at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, singleand currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served withsummons and other pertinent processes.

[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which itleased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX A.

3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the leaseas it would use the property for its business expansion; plaintiff then asked defendant to vacate thepremises. A copy of plaintiff’s letter to defendant is attached as ANNEX B.

[4] 4. Despite demand duly made and received, defendant has refused to vacate the premises andcontinues to occupy the property without plaintiff’s consent. [ Although this statement is unnecessary inthis particular sample complaint, this merely exemplifies how this fact is alleged: Resort to theBarangay conciliation system proved useless as defendant refused to appear before the Lupong Tagapamayapa. A Certification to File Action is attached as ANNEX C .]

5. Defendant’s act of dispossession has caused plaintiff to suffer material injury because plaintiff’sbusiness expansion plans could not be implemented despite the arrival of machineries specifically leasedfor this purpose at the rental rate of US$500 per month. Defendant’s continued occupation of thepremises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos(P50,000.00).

[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacatethe property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amountof US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos(P50,000.00) for Attorney’s fees.


[6] Quezon City; 13 April 2007.

[7] (Sgd.) ATTICUS FINCHCounsel for Plaintiff

[Address][Other Details under I.G. ]

PLUS:1. [8] Verification and Certification against Forum Shopping2. Jurat




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B. Answer

An answer MUST include all of the following:1. Caption2. Denials/Admission3. Statement of Affirmative Allegations4. Statement of Affirmative/Negative Defenses5. Counterclaim, Cross-claim6. Prayer/Relief

7. Date/Place of Execution8. Signature of Counsel9. Verification10. Certification against Forum Shopping11. Proof of Service

In general, an Answer needs no verification.BUT, if it interposes a specific denial of anactionable document, then the Answer must beverified.

Sample Answer with Compulsory Counterclaim:

[1] Regional Trial CourtNational Capital Judicial Region

METROPOLITAN TRIAL COURTBranch 33, Quezon City

ALIS DI-YAN COMPANY,

Plaintiff,Civil Case No. 2222

- versus - For : Ejectment

YOKO NGA,Defendant.

x ----------------------------------- x

ANSWER(With COUNTERCLAIM)

DEFENDANT, by counsel, respectfully states that:

Admissions/Denials

[2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically deniesthe contents insofar as plaintiff’s personal circumstances for the reason stated in the Affirmative Defenses below.

2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into butspecifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defensesbelow.

3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specificallydenies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonablebelief as to its truth or falseness..

4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defensesbelow.

Affirmative Defenses

[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are materialand additionally submit that the Complaint should be dismissed because:

5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in thePhilippines without a license.

5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was,before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendantthe parcel of land in question, a copy of which is attached as ANNEX 1.




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Counterclaim

[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are materialand additionally submit that he is entitled to relief arising from the filing of this malicious and baseless suit, as follows:

6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his nameand reputation were besmirched by this malicious and baseless suit.

6.2. Attorney’s Fees amounting to One Hundred Thousand Pesos (P100,000.00) because hewas compelled to secure services of counsel to vindicate his legal rights.

[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing theComplaint and granting defendant’s counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages,and (b) Fifty Thousand as Attorney’s Fees.

Other just and equitable reliefs are prayed for.

[7] Quezon City; 13 April 2007.

[8] (Sgd.) MITCH MCDEERECounsel for Defendant

[Address]

[9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING

I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di-yanCompany for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read itscontents and affirm that they are true and correct to the best of my own personal knowledge; [To specifically denyan actionable document: I specif ical ly deny the genuineness and due execut ion as wel l as the binding effect o f the ac t ionab le documents p leaded by p la in t i i f f ;] I hereby certify that there is no other case commenced or pending before any court involving the same parties and the same issue and that, should I learn of such a case, Ishall notify the court within five (5) days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007.

(Sgd.) YOKO NGA

PLUS:1. Jurat (IF any document is denied)

2. [11] Proof of Service (personal service or service by registered mail)

Sample Cross-claim and Corresponding Prayer, simply add:

[5] Crossclaim

7. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are materialand additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO inthe event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorizedagent of plaintiff in the sale of the property and, acting as such, received consideration, in the form of the purchaseprice, from defendant.

[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by1. dismissing the Complaint, and2. granting defendant’s counterclaim by awarding defendant

a. One Million Pesos (Php.1,000,000) as Moral Damages, andb. Fifty Thousand Pesos (Php.50,000) as Attorney’s Fees.

3. In the event that defendant is made liable to plaintiff on the Complaint, he further prays that co-defendant MANGGA GANTSO be made liable to indemnify defendant in the same amount under theCrossclaim .




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D. Pre-Trial Brief

Under Sec. 6, Rule 18, RoC, a Pre-Trial Brief must include all of the ff:1. Statement of Willingness to Enter into

Amicable Settlement or Alternative Modes of Dispute Resolution and the Desired Terms

2. Summary of Admitted Facts and ProposedStipulation of Facts

3. Issues to be Tried or Resolved4. Documents or Exhibits to be Presented andTheir Purpose

5. Manifestation of their Having Availed or their Intention to Avail Themselves of DiscoveryProcedures or Referral to Commissioners

6. Number and Names of the Witnesses, andthe Substance of their RespectiveTestimonies.

7. Available Trial Dates

The filing and service of the pre-trial brief on theadverse party must be done in such manner as

shall ensure the receipt of the same at least 3DAYS before the date of the pre-trial.

Failure to file the pre-trial brief is tantamount tofailure to appear at the pre-trial.

Pre-trial is now mandatory in criminal casesbased on Rule 118, the 2000 Rules on CriminalProcedure and Republic Act No. 8493 (TheSpeedy Trial Act), although neither the law nor

the Rules require the submission of a Pre-TrialBrief in criminal cases (in practice, courts alsodo not require the submission of a pre-trial brief in criminal cases). Consequently, therequirement of a pre-trial brief and theconsequences for failure to submit one (e.g.,non-suit or dismissal) appear to pertainexclusively to civil cases.

There is no need to attach a Notice of Hearingfor a Pre-Trial Brief.


REGIONAL TRIAL COURTBranch 90, Quezon City

LAKISA LAYAW,Plaintiff,

Civil Case No. 97-31312- versus -

LAKISA HIRAP,Defendant.

x ------------------------------------- x

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:

[1] I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness fromplaintiff, defendant is open to the possibility of amicably settling this dispute.

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure , defendant respectfully submits that the desiredterms of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due andowing to plaintiff inasmuch as there is nothing to indicate defendant’s obligations to plaintiff and, second, a scheduleof payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen ThousandNine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%)arising allegedly from unpaid orders delivered to defendant variously in 1989.

2.2. Defendant resists plaintiff’s claims based on a failure to state a cause of action because of :




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2.2.1. Plaintiff’s lack of personality to sue and, therefore, not being the real party in interestunder Rule 3, section 2 of the 1997 Rules of Civil Procedure ;

2.2.2. Extinguishment of the alleged claim made by the entity Regency Furniture.

2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00) for moraldamages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos(PHP100,000.00) as attorney’s fees.

[2] III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in her Answer, i.e., her personal circumstances, receipt of thedemand letter dated January 5, 1997 and her reply to the demand letter.

3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff during pre-trial or eventhereafter, defendant admits no other facts stated in the Complaint.

[3] IV. ISSUES TO BE TRIED

4.1. Defendant submits that the following issues put forward by plaintiff are subject to proof:

4.1.1. Plaintiff’s personality to seek legal relief;4.1.2. Plaintiff’s entitlement to the amount claimed;

4.2. Defendant submits that the following issues she put forward are subject to proof:

4.2.1. Plaintiff’s bad faith in filing this suit;4.2.2. Defendant’s entitlement to the claims made in her Compulsory Counterclaim as a result

of plaintiff’s bad faith;

V. EVIDENCE

[6] 5.1. Defendant intends to present the following witnesses:

5.1.1. Defendant herself, who will testify on the true circumstances leading to the filing of thissuit against her;

5.1.2. An employee of Topless Enterprises with personal knowledge as to the truecircumstances behind the alleged obligations due and owing in favor of plaintiff.

[4] 5.2. Defendant reserves the right to present any and all documentary evidence which shall become relevantto rebut plaintiff’s claims in the course of trial as well as any other witnesses whose testimony will become relevant tobelie plaintiff’s witnesses, if necessary.

VI. RESORT TO DISCOVERY

[5] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery atthis time.

6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves theright to resort to discovery before trial.

RESPECTFULLY SUBMITTED.

Quezon City; 13 April 2007.


[Address]

Copy furnished:

Atty. MA BOLACounsel for Plaintiff




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E. Motions

Under Sec. 2, Rule 15, RoC, all motions, savefor those made in open court or in the course of a hearing or trial, must be in writing.

Under Secs. 3-6 & 9, Rule 15, RoC, a motionMUST include all of the ff:1. Ground(s)

2. Argument(s)3. Prayer/Relief 4. Notice of Hearing

In motions filed before the SupremeCourt and the Court of Appeals, aNotice of Hearing is NOT required.

This part DIFFERS in an Ex ParteMotion to Set Case for Pre-TrialBECAUSE in such a motion, this partdoes NOT contain a date of hearing,because this is a motion, which theCourt may act upon without prejudicingthe rights of the adverse party, and

because this is precisely an ex partemotion, as per Rule 18, Sec. 1.5. Proof of Service

If service is done by registered mail,instead of by personal service, then themotion must include a WRITTENEXPLANATION, which need not beverified, as long as it is SIGNED. An AFFIDAVIT OF SERVICE is required inthe Supreme Court, so it may bepractical to combine the Explanationand the Affidavit of Service.

6. Attachments (if any) These include supporting affidavits and

other papers to prove facts alleged inthe motion.

The pleading or motion sought to beadmitted via a MOTION FOR LEAVE tofile a pleading or motion must be

attached.7. Verification (in certain cases)

A written motion required to be heard and thenotice of the hearing thereof must be served insuch a way as to ensure its receipt by the other party at least 3 DAYS before the date of hearing,UNLESS the court for good cause sets thehearing on shorter notice. It must also beaddressed to all parties concerned. The hearingmust not be later than 10 DAYS after the filing of the motion.

Under Sec. 8, Rule 15, RoC on OMNIBUSMOTIONS, a motion attacking a pleading, order, judgment or proceeding must include ALLobjections then available; all objections not soincluded are deemed waived.

Under Sec. 10, Rule 15, RoC, the rulesapplicable to pleadings shall apply to writtenmotions as far as caption, designation, signatureand other matters of form, are concerned.




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Sample Motion to Dismiss (with request for and notice of hearing):


METROPOLITAN TRIAL COURTBranch 39, Quezon City

LAKI ASSET COMPANY,Plaintiff,

Civil Case No. 3333- versus - For: Sum of Money

DAMI UTANG CORPORATION,Defendant.

x --------------------------------------- x

MOTION TO DISMISS

DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the Complaint fails tostate a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE AND DEMANDABLE, as shown by the following:

[2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1January 2006; defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00),representing the balance of the proceeds due plaintiff under the said Marketing Agreement.

2. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein;the period of one (1) year has not expired. Consequently, plaintiff’s claim is premature as there is yet no breach of the Marketing Agreement until the period expires and the quota is not attained. For this reason, plaintiff’s Complaintstates no cause of action and must be dismissed.

[3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of action.




[Address]

[4] REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURTMetropolitan Trial CourtBranch 39, Quezon City

Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipthereof and kindly include the same in the court’s calendar for hearing on Friday, 27 April 2007 at 8:30 in the morning.

ATTICUS FINCH1 MockingBird StreetTimog Avenue, Quezon City

Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning.



PLUS:[5] Proof of Service




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A MOTION FOR JUDGMENT ON THE PLEADINGS, being a litigious motion, must request for a aspecific hearing date. Notice thereof must be given to adverse party through counsel.

Sample Motion for Judgment on the Pleadings:



LAKISA LAYAW,Plaintiff,Civil Case No. 97-31312

- versus - For: Sum of Money


x ------------------------- x

MOTION FOR JUDGMENT ON THE PLEADINGS

Plaintiiff, by counsel, respectfully states that:

1. On 6 July 2005, plaintiff sued defendant for a sum of money in the amount of Nine Hundred Thousand Pesos(P900,000.00).

[1 & 2] 2. In his Answer, defendant admitted the obligation and merely stated that he was asking to be given anextension of time to pay his obligation but that plaintiff instead filed this Complaint. The Answer admits the materialallegations of the Complaint and has not tendered any issue; consequently, a judgment on the pleadings may berendered.

[3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his favor.


(Sgd.) ATTICUS FINCHCounsel for the Plaintiff

[Address]

PLUS: [4] Request for and Notice of Hearing[5] Proof of Service




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Under Rule 18, Sec. 1, RoC, it is now mandatory on the part of the plaintiff to move ex parte for setting of pre-trial. Note that the motion is expressly denominated as ex parte , i.e., no need for hearing.

Sample Ex Parte Motion to Set for Pre-Trial:



LAKISA LAYAW,Plaintiff,

Civil Case No. 97-31312- versus -


x ------------------------- x

EX PARTE MOTION TO SET CASE FOR PRE-TRIAL


[1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the issues to be joined.

[2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules on CivilProcedure, plaintiff respectfully asks that this case be set for pre-trial.

[3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date convenient to thisHonorable Court.



[Address]

[4] REQUEST AND NOTICE

THE BRANCH CLERK OF COURTRegional Trial CourtBranch 39, Quezon City

Please submit the foregoing to the Court for its approval immediately upon receipt hereof.

Copy furnished:

MITCH MCDEERE, ESQ.2 The FirmLaguna Street, Quezon City

Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt.


PLUS: [5] Proof of Service




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Sometimes, a MOTION FOR POSTPONEMENT is considered a non-litigious motion; thus, the requestand notice need not specify a date of hearing and simply state that it is being submitted for approval“immediately upon receipt.” Although, the better practice would be to file such a motion early so as to beable to set it for hearing and approval by the court.

Sample Motion for Postponement:



DILA TORY,Plaintiff,


PASEN SYOSO,Defendant.

x ------------------------- x

MOTION FOR POSTPONEMENT


1. This case is set for trial on 5 May 2007 at 8:30 in the morning.

[1] 2. On said date and time, the undersigned counsel will be unable to appear before this Honorable Court ashe has also been directed to appear on this date and time before the Regional Trial Court of Makati City, Branch 139for “People of the Philippines v. Bil Moko”, Criminal Case No. 009988, where he is scheduled to terminate cross-examination of the prosecution’s expert witness who will be available only on said date and time.

[2] 3. Without impugning the importance of these proceedings, plaintiff respectfully submits that his attendancein the Makati case becomes indispensable; otherwise, the accused in said case would be deprived of the opportunityto confront and cross-examine a vital witness against her.

4. This motion is prompted only by the foregoing reason and not for delay.

[3] WHEREFORE, plaintiff respectfully prays that the trial scheduled on 5 May 2007 be POSTPONED to another date convenient to this Honorable Court.


(Sgd.) MITCH MCDEERECounsel for the Plaintiff

[Address]





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When filing a MOTION FOR EXTENSION OF TIME, it is always preferable to not only state the number of additional days sought, but also the new deadline , so that it can be used as a personal reminder of thenew deadline.

Sample Motion for Extension of Time:



DILA TORY,Plaintiff,


PASEN SYOSO,Defendant.

x ------------------------------------ x

MOTION FOR EXTENSION OF TIME


1. He has been directed to file a Reply to defendant’s Answer by 10 May 2007.

[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said duedate because of the tremendous pressure of other equally urgent professional work requiring the preparation of pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For thisreason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May2007, within which to submit plaintiff’s Reply.

3. This motion is not intended for delay but is motivated only by the foregoing reason.

[3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 May2007, or until 25 May 2007, within which to submit plaintiff’s Reply.


(Sgd.) MITCH MCDEERECounsel for Plaintiff

[Address]





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L E G A L F O R M S

The defendant, who is to be declared in default, is entitled to be notified of the MOTION TO DECLAREDEFENDANT IN DEFAULT and the order declaring him/her in default; thereafter, he loses the right toreceive any other notices except for judgment in default.

Sample Motion to Declare Defendant in Default:



ANAKIN SKYWALKER,Plaintiff,


PADME AMIDALA,Defendant.

x ---------------------------------- x

MOTION TO DECLARE DEFENDANT IN DEFAULT


1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on defendant on 20March 2007, as indicated by the Sheriff’s Return of even date, a copy of which is attached as ANNEX A.

[1 & 2] 2. Defendant’s reglementary period to file Answer ended on 5 April 2007; no motion for extension of such period was filed nor was any granted motu proprio by this Honorable Court. Despite the lapse of time, defendanthas failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to presentevidence ex parte against defendant.

[3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed topresent evidence ex parte before the Clerk of Court acting as Commissioner.


(Sgd.) DARTH SIDIOUSCounsel for Plaintiff

[Address]







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L E G A L F O R M S

E. Special Civil ActionsUnder Sec. 4, Rule 65, RoC, a petition for CERTIORARI, PROHIBITION or MANDAMUS may be filed notlater than 60 DAYS from notice of the judgment, order or resolution sought to be assailed in the SupremeCourt or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person,in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the SupremeCourt. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate jurisdiction, or in the Sandiganbayan if it is in aid of its jurisdiction. If it involves the acts or omissions of aquasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed inand cognizable only by the Court of Appeals.

1. Certiorari

Under Rule 65, RoC, a certiorari MUST include the ff:1. Names of petitioner and respondent2. Grounds3. Prayer/Relief 4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates

ADD the date when the Decision or Judgment was received5. Attachments

a. Certified true copies of the judgment/order subject of petitionb. All material portions of the record as would support the petition

as well as all documents, relevant or pertinent thereto

Standard Form of a Certiorari (with Injunction and/or TRO):

(Caption and Title)

PETITION

PETITIONER, by counsel, respectfully states that:

[1] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence .)

2. (State the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied. )

[2] 3. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. )

4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned uponthe payment to respondents of any damages suffered arising from the writ should petitioner be found not to beentitled to the writ. )

5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law,except this petition.

6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A.

[3] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act, decision or finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction and/or temporary restrainingorder issue to ENJOIN any further proceedings by respondents.

Quezon City; 7 July 2007.

(Sgd.) ATTICUS FINCHCounsel for the Petitioner

[Address]

PLUS: [4] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates[5] Attachments




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2. Prohibition

Under Rule 65, RoC, a prohibition MUST include the ff:1. Names of petitioner and respondent2. Grounds3. Prayer/Relief 4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates

ADD the date when the Decision or Judgment was received5. Attachments

a. Certified true copies of the judgment/order subject of petition

b. All material portions of the record as would support the petition

Standard Form of a Prohibition:

(Caption and Title)

PETITION


[1] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence .)

2. (If applicable, state the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if filed, denied. )

[2] 3. (State briefly the facts and circumstances under which the respondent/s whether exercising judicial or ministerial functions acted without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. )

4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned uponthe payment to respondents of any damages suffered arising from the writ should petitioner be found not to beentitled to the writ. )

5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law,except this petition.

6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A.

[3] WHEREFORE, it is respectfully prayed that an injunction or TRO be issued directing respondent/s to desistand refrain from further proceedings in the premises, and that after due notice and hearing, a writ of prohibition issuedirecting respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter).



[Address]

PLUS: [5] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates




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3. Mandamus

Under Rule 65, RoC, a mandamus MUST include the ff:1. Names of petitioner and respondent2. Grounds3. Prayer/Relief 4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates5. Attachments

a. Certified true copies of the judgment/order subject of petitionb. All material portions of the record as would support the petition

(Caption and title)

PETITION


[1] 1. (State the capacity of petitioner and respondent/s and their addresses. )

[2] 2. (State the facts and circumstances whereby respondent/s unlawfully neglected the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station, or unlawfully excluded the petitioner from the enjoyment of a right or office to which the petitioner is entitled .)

3. Petitioner has no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law, except this petition.

[3] WHEREFORE, it is respectfully prayed that, after due notice and hearing, a writ of mandamus issuecommanding respondent/s forthwith to: ( state the act required to be done ), with costs against them.



[Address]

PLUS: [4] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates




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4. Interpleader

INTERPLEADER :: an action filed by a person, who claims no interest whatsoever upon a subject matter or who has an undisputed whole or partial interest in a subject matter, upon which several others haveconflicting claims, against such other persons, to compel them to interplead and litigate their severalclaims among themselves (Sec. 1, Rule 62, RoC, restated)

Under Rule 62, a complaint in interpleader MUST include all of the ff:1. Parties

Petitioner, who must claim no interest or has an interest not disputed by claimants; and claimants

over the same subject matter 2. Material Allegations of Ultimate Facts

facts showing conflicting claims made on the same subject matter over which petitioner claims nointerest or an interest that is not disputed by claimants

3. Prayer/Relief 4. Date/Place of Execution5. Signature of Counsel6. Verification and Certification against Forum Shopping

In the following sample complaint in interpleader, note the boldfaced phrase. It is important to allege thisbecause otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint inInterpleader which would be determined by the value of the property. In this way, plaintiff will not beunduly prejudiced by the costs of the suit.

Sample Complaint in Interpleader:

NALI LITO,Plaintiff,

SCA No. ____________ - versus -

UMA AGAW and INA AGAWAN,Defendants.

x --------------------------------------- x

COMPLAINT


[1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while defendantsreside at _______________ and _______________, respectively, where they may be served with pertinent notices.

[2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true owner is. Thewatch is now in plaintiff’s possession. On or about 5 June 1999, defendants made similar representations to plaintiff as to ownership of the watch.

3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of defendants and thusseeks to compel defendants to interplead and litigate their several claims between themselves.

[3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants tointerplead with one another to determine their respective rights and claims and to allow plaintiff to recover hisexpenses for safekeeping and the costs of this suit, as f i rs t l ien up on the su bject mat ter of this act ion .

[4] Quezon City; 7 July 2007.


[Address]

PLUS: [6] Verification and Certification against Forum Shopping




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5. Action to Quiet (or Remove Cloud on) Title

Under Sec. 1(2), Rule 63, RoC, an action to quiet (or remove cloud on) title MUST include all of thefollowing:1. Parties

Any person interested under a deed, will, contract or other writing, before breach thereof, andwho stands to suffer injury by operation of the said deed, will, contract or other writing

2. Material Allegations of Ultimate Facts facts showing interest under a deed, will, contract or other written instrument and injury arising

from operation of said deed, will, contract or other writing and facts showing that no violation or

breach has occurred; may also show facts showing need to reform instrument , quiet title(arising from conflicting claims or cloud thereon) or to consolidate ownership (as when propertyunder pacto de retro not redeemed)


Sample Action to Quiet (or Remove Cloud on) Title:

IN RE: QUIETING OF TITLE OVER THEPROPERTY COVERED BY TCT NO. 12345

SCA No. 1357NALI LITO, as Special Administrator of theEstate of the deceased DAMI LUPA,

Petitioner,

UMA AGAW,Respondent.

x ------------------------------------------------ x

PETITION


[1] 1. He is the special administrator of the estate of the deceased DAMI LUPA.

[2] 2. The deceased, during his lifetime, executed a Deed of Sale of real estate in favor of the respondent dated

_____________, and particularly described, as follows:(Describe property)

covered by TCT No. 12345 in the Register of Deeds of Makati. The same is annotated on the title as the onlyencumbrance thereon.

3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No. 2468, a copyof which is attached.

4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful heirs of thedeceased upon the said property. Equity demands that the said Deed of Sale be surrendered and cancelled, as it isa cloud upon the title of the deceased and his lawful heirs.

[3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the Estate’s favor

by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345 removed.[4] Quezon City; 7 July 2007.

[5] (Sgd.) MITCH MCDEERECounsel for Petitioner

[Address]





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6. Action for Declaratory Relief

Under Sec. 1(1), Rule 63, RoC, an action for declaratory relief must include all of the following:1. Parties

Any person interested under a deed, will, contract or other writing, before breach thereof, andwho stands to suffer injury by operation of the said deed, will, contract or other writing

2. Material Allegations of Ultimate Facts facts showing interest under a deed, will, contract or other written instrument and injury arising

from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occurred; may also show facts showing need to reform instrument , quiet title

(arising from conflicting claims or cloud thereon) or to consolidate ownership (as when propertyunder pacto de retro not redeemed)


Sample Action for Declaratory Relief:

INA API,Plaintiff,

- versus - Civil Case No. 2468

THE CITY COUNCILOF QUEZON CITY,

Defendant.x --------------------------- x

COMPLAINT


[1] 1. Plaintiff is a Filipino citizen of legal age and resident of Quezon City; defendant is the City Council of Quezon City, the duly-constituted legislative body for Quezon City, its members may be served with notices atQuezon City Hall.

[2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to operatecellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1,000.00 for eachoffense in addition to impounding of the cellular phone unit. The relevant portions of the Ordinance are, as follows:

(Quote the relevant portions)

3. The above-quoted portion is ambiguous because it leaves unfettered discretion to the authorities to stop evenurgent and important calls which may be made only while the person is in transit. It fails to consider that, due to theworsening traffic conditions in Metro Manila, majority of business is conducted in transit and over cellular phones.Plaintiff is a lawyer who frequently has to dictate important pleadings over the phone while in transit due to theworsening traffic condition. The Ordinance appears to bar his doing so but plaintiff is unaware of the limits of permissible action under the Ordinance.

4. Unless declaratory relief is granted, plaintiff will suffer grave and irreparable injury because he is unsure of theinstances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead toconfiscation and a fine.

[3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and declareplaintiff’s rights and duties under the Ordinance.



[Address]





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7. Quo Warranto

Under Rule 66, RoC, a petition for quo warranto MUST include all of the following:1. Parties

a. Solicitor General, when directed by President or motu propio ;b. Person claiming to be entitled to public office or position usurped or unlawfully held or exercised

by another against the alleged usurping public officer;2. Material Allegations of Ultimate Facts - facts showing usurpation of office and facts showing

entitlement of petitioner to the office3. Prayer/Relief

4. Date/Place of Execution5. Signature of Counsel6. Verification and Certification against Forum Shopping

Standard Form of Petition for Quo Warranto:

(Caption and title)

COMPLAINT


[1] 1. (State the capacity and address of both plaintiff and defendant. )

[2] 2. (State fully and clearly the facts and circumstances showing that defendant is unlawfully occupying a public office and that plaintiff is entitled to hold the same office. )

3. (State that plaintiff has demanded that defendant vacate said office and deliver it to plaintiff but that defendant has unlawfully refused to do so.)

[3] WHEREFORE, plaintiff respectfully prays that a writ of quo warranto issue ousting and excluding defendantfrom occupying the office of ____________ and declare that plaintiff is entitled to the said office and that he beplaced forthwith in possession thereof.


[5] (Sgd.) ATTICUS FINCHCounsel for the Plaintiff

[Address]




LEGAL ETHICS AND FORMS REVIEWER Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE

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L E G A L F O R M S

Part III. Pleadings and Other Legal Documents in Criminal Procedure

A. COMPLAINT-AFFIDAVIT AND COUNTER- AFFIDAVIT

B. INFORMATION AND COMPLAINTC. MOTIONS

1. Motion to Quash Information2. Motion to Quash Search Warrant3. Motion to Suppress Evidence4. Motion for Bail

D. APPLICATION FOR BAIL

A. Complaint-Affidavit and Counter-AffidavitBoth a COMPLAINT-AFFIDAVIT and a COUNTER-AFFIDAVIT must include all of the following:1. Identity of Affiant and Other Personal Circumstances2. Statement of Venue3. Factual Allegations to Show Violation or Defense

A complaint-affidavit shows the violation, while a counter-affidavit shows the defense.4. Signature of Affiant5. Verification6. Certification as to Personal Examination of Affiant

Under Sec. 3(a), Rule 112, 2000 Rules on Criminal Procedure, the affidavit must be subscribedand sworn to before a prosecutor, or a government official authorized to administer an oath, or intheir absence or unavailability, a Notary Public, each of whom must certify that he personallyexamined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.

7. Supporting Documents/Affidavits

A COMPLAINT-AFFIDAVIT or a COUNTER-AFFIDAVIT, like any other affidavit, must be based on theaffiant’s personal knowledge. To resolve the problem of the affiant’s lack of personal knowledge as tolegal answers, affiant may simply state the fact that he was assisted by counsel and say “I was advisedby counsel that…”

Sample Complaint-Affidavit:

Republic of the Philippines )City of Makati ) S.S.

COMPLAINT-AFFIDAVIT

[1] I, MA SELAN , of legal age, Filipino, with assistance of counsel, and [2] resident of 4 Privet Drive, Triple XVillage, Makati, do hereby state under oath that:

1. I am a member of the Triple X Village Homeowner’s Association (“Association”) and was formerly a Director and Corporate Secretary of the Association.

[3] 2. I accuse and hereby charge MR. MA INGAY , residing at 5 Privet Drive, Triple X Village, Makati, of violating Article 358 of the Revised Penal Code (Slander and Oral Defamation), committed against me when hepublicly, maliciously and deliberately uttered defamatory remarks against me during the Board Meeting of the Association on 27 January 2007. This is attested to by the following exchange that transpired between Mr. Ingay andthe other members of the Board in attendance:

(Quote Exchange)

Attached as ANNEX A is a copy of the official transcript of the meeting.

3. Prior resort to the Barangay conciliation system proved fruitless as Mr. Ingay did not retract his remarks.Consequently, a “Certification to File Action” was issued by the Barangay Chairperson, a copy of which is attached asANNEX B .




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4. There is no other person named “Ma Selan” residing at Triple X Village nor is there any other person named“Ma Selan” who has acted as Board Member of the Association. Consequently, Mr. Ingay’s public and defamatoryutterance was clearly a reference to me and to no other.

5. Mr. Ma Ingay’s remarks, calling me a swindler twice over, uttered in a public meeting are clearly insulting anddefamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, nodoubt that Mr. Ingay’s use of the word “swindled” was deliberate as his explanation and clarification a few utterancesthereafter would show. Mr. Ingay’s remarks are also very serious as they cast aspersions on my reputation, character and very person before my peers and fellow homeowners.

6. Mr. Ingay’s remarks have injured my name, reputation and character before my neighbors and peers. Whilemy name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetime’s effortto build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannotbe allowed to simply go scot-free without bearing the consequences of his acts. For this reason, I am also holdingMr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominaldamages, Five Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand Pesos(P500,000.00) in exemplary damages .

TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April 2007.

[4] (Sgd.) MA SELANComplainant-Affiant

[5] SUBSCRIBED AND SWORN TO BEFORE ME this 13 th day of April 2007.

(Sgd.) Investigating Prosecutor

[6] CERTIFICATION

I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HEVOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.

(Sgd.) Investigating Prosecutor

Sample Counter-Affidavit:

Republic of the Philippines )City of Makati ) S.S.

COUNTER-AFFIDAVITRe: I.S. No. 1613

[1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath that:

1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since his election tothe post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs and activities of his Office.

[2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for estafa , filed by acertain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for Quezon City.

3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by aMr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit, which made the Mayor their Honorary Chairman with no direct functions; he has been supporting their activities financially with voluntarycontributions.

[3] 4. There is no truth to the allegations in MA GULANG’s complaint. There is no factual nor legal basis tocharge me with estafa . The Complaint must be dismissed. To rebut and contradict MA GULANG’s malicious lies, I setforth the true circumstances leading to the transaction below:

4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for him; I informedher that he was not around. I took a message from her saying that she was a friend of the Mayor and that she was selling Nextel units and if we wanted to buy units from her. I informed her thatboth the Mayor and I had our units already; she then told me if the Mayor could refer her toprospective clients. When the Mayor arrived, I relayed the message to him.




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4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could assist in securingNextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able tomeet, as a result.

4.3. On that day, Ms. Gulang brought the units to the Mayor’s Office; she met with Mr. Gantsoinside the Mayor’s office. They transacted business inside the Mayor’s Office and only passed bymy office on their way out.

4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paidher the amount of P11,000.00 for the units. Somewhat embarrassed by this, I called Mr. Gantsoand told him to pay Ms. Gulang; he assured me that he would pay her but that he just needed tocollect money from the rest of the group.

4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not yet paid, I gaveher the telephone number of Gantso so that she could just call him directly. But even then, I wouldstill get calls from Ms. Gulang; and when she started to get angry over the telephone, I set up anappointment for Mr. Gantso to meet with her at the Office.

4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso had yet to pay; Iwould follow up with Mr. Gantso but he simply gave me this promise that he would pay.

5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I did was to refer Ms.Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms. Gulang was paid due simplyto my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for an obligation.

6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms. Gulang. Iperformed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotelyresembles ANY of the acts punished under Article 315 . If at all, any cause of action is PURELY CIVIL in natureand that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextelunits (which Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to the Office of theMayor, not to me.

7. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the crime of Estafa or that any crime at all has been committed. The Complaint against me should, thus, be dismissed.

TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 2007.

[4] (Sgd.) MA LABO

Affiant

PLUS: [5] Verification[6] Certification




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B. Information and Complaint

INFORMATION COMPLAINT· an accusation in writing, charging a person withan offense, subscribed by the prosecutor and filedwith the court (Sec. 4, Rule 110, RoC)

· a sworn written statement, charging a person withan offense, subscribed by the offended party, anypeace officer or other public officer, charged withthe enforcement of the law violated (Sec. 3, Rule110, RoC)

· need not be under oath

BUT it must be signed and subscribed by theprosecutor, who shall certify THAT he hasconducted the required PI

· must be under oath

BUT lack of oath is not a formal defect and will notinvalidate judgment

· valid, when signed by the prosecutor, who isauthorized to conduct PI of the offense committedwithin his jurisdiction

· PREVAILS, in case of conflict between theinformation and the complaint filed, thus, omissionsmade in the complaint, though corrected in theinformation, are fatal ( People vs. Oso , 1935 )· A complaint for purposes of PI by the fiscal needNOT be filed by the “offended party.” Unless theoffense subject thereof is one that cannot beprosecuted de oficio , the complaint may be filed, for PI purposes, by any competent person. Thecomplaint referred to in Rule 110 contemplates one

filed in court, not with the fiscal, and in such case,the proceeding must be started by the aggrievedparty himself. ( Ebarle vs. Sucaldito )

GENERALLY, a criminal action is commenced by complaint or information, both of which are filed incourt. A complaint must be filed by the offended party, while an information must be filed by the fiscal. Buta "complaint" filed with the fiscal prior to a judicial action may be filed by any person ( Ebar l e v s .Sucaldito ).

Under Sec. 11, 1991 Revised Rules on Summary Procedure, criminal cases covered by the said rules arecommenced by filing EITHER a complaint or information. BUT, in Metro Manila and in chartered cities, acriminal case can only be commenced by filing an INFORMATION, EXCEPT when the offense cannot beprosecuted de oficio .

Under Sec. 1(b), 1991 Revised Rules on Summary Procedure, the said criminal cases includeVIOLATIONS of traffic laws, rules and regulations; rental law; municipal or city ordinances; and BatasPambansa Blg. 22 and ALL other criminal cases, where the punishment is imprisonment for not longer than 6 months and/or fine of not more than P1,000. Provided, that offenses involving damage to propertythrough criminal negligence cost (damage) no more than P10,000. ALSO, the 1991 Revised Rules onSummary Procedure does NOT apply to a criminal case, where the offense charged is necessarily relatedto another criminal case subject to the ordinary procedures.

Under Secs. 6-13, Rule 110, 2000 Rules on Criminal Procedure, an INFORMATION MUST include all of the following:1. Parties

a. Name of Offended Partyb. Name of Accused

2. Designation of Offense by Statute3. Acts or Omissions Complained of as Constituting the Offense

including a statement of the qualifying or aggravating circumstances4. Approximate Time of the Commission of the Offense5. Place of Commission6. Signature of Prosecutor (for Information)7. Signature of Offended Party, Peace Officer or Public Officer Charged with Enforcement of the Law

(for Complaint)8. NOTE: If Information is filed after inquest (and not preliminary investigation), ADD :




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a. Place where accused is actually detainedb. Full name and address of evidence custodianc. Detailed description of recovered items, if any

9. Verification10. Certification of Preliminary Investigation or Inquest

The Certification of Preliminary Investigation is appended to an Information filed after a full blownPI is conducted. On the other hand, as per DOJ Circular No. 61 (September 21, 1993; “NewRules on Inquest”), Sec. 14, the Certification as to Conduct of Inquest is filed, if the accused wasarrested without a warrant and refused/failed to execute a written waiver of the provisions of Art.125, RPC, in which case, the ACP should have conducted an INQUEST and not a PI.

Note that the oath made by the ACP or prosecutor is administered by a public officer authorized toadminister an oath (i.e., the City Prosecutor in the sample below). Thus, the JURAT does not contain anyreference to the CTC details.

Sample Information for Bigamy (with Certificate of Preliminary Investigation or Inquest):

(Caption)

PEOPLE OF THE PHILIPPINES,Plaintiff,

Criminal Case No. 00567- versus - For: Bigamy

PI KUTIN, Accused.

x ---------------------------------------- x

INFORMATION

The Undersigned accuses PI KUTIN of the crime of Bigamy, committed as follows:

That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of this HonorableCourt, the said accused, being then legally married to BIL MOKO, and without such marriagehaving been legally dissolved and thus valid and existing, did wilfully, unlawfully and felicitouslycontract a second marriage with ASA WA in the City of Quezon.

CONTRARY TO LAW. <+ allegation of any aggravating circumstances>

ELLIOT NESS Assistant City Prosecutor

CERTIFICATE OF PRELIMINARY INVESTIGATION

I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law; that Iexamined the Complainant and her witnesses; that there is reasonable ground to believe that the offense chargedhad been committed and that the accused is probably guilty thereof; that the accused was informed of the Complaintand of the evidence submitted against him and was given the opportunity to submit controverting evidence; and thatthe filing of this Information is with the prior authority and approval of the City Prosecutor.

ELLIOT NESS

Assistant City Prosecutor

SUBSCRIBED AND SWORN TO BEFORE ME this 9 th day of August 2006 in Quezon City.

AL CAPONECity Prosecutor

Bail Recommended: P10,000.00




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Sample Information for Theft:

(Caption)


Criminal Case No. 00567- versus - For: Theft

KLEPTO MANIAC, Accused.

x --------------------------------------------- x

INFORMATIONThe Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows:

That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of this Honorable Court, the said accused, then 11 years old and without any knownaddress, willfully, unlawfully and feloniously, with intent to gain, without force uponthings or violence upon persons and without the knowledge and consent of MA ALAHAS, the owner, took a gold necklace studded with diamonds valued at OneHundred Thousand Pesos (P100,000.00) to the prejudice of said owner.

CONTRARY TO LAW.


CERTIFICATION AS TO CONDUCT OF INQUEST

I hereby certify that the accused was lawfully arrested without a warrant and that, upon being informed of his rights,refused to waive the provisions of Article 125 of the Revised Penal Code and, for this reason, an Inquest was conducted;that based on the complaint and the evidence presented before me without any countervailing evidence submitted by theaccused, despite opportunity to do so, there is reasonable ground to believe that the accused has committed the crime of theft and should, thus, be held for said crime; that this Information was with the prior authority of the City Prosecutor.


SUBSCRIBED AND SWORN TO BEFORE ME this 9 th of August 2006 in Quezon City.

AL CAPONECity Prosecutor

Sample Information for Attempted Rape:

(Caption)


Criminal Case No. 00567- versus - For: Attempted Rape

MAEL SIA, Accused.

x --------------------------------------------- x

INFORMATION

The undersigned accuses MAEL SIA of attempted rape committed as follows:

That on or about 6 June 2005, in Quezon City, the accused did then and there wilfully, unlawfullyand feloniously enter the house of SEK SEE, a married woman, and finding that her husband was away,with lewd designs and by means of force and intimidation, commenced directly by overt acts to committhe crime of attempted rape upon her person, to wit: while SEK SEE was cooking lunch, the accusedseized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and attemptedto penetrate her with his sexual organ and would have succeeded in doing so had not her loud protestsand vigorous resistance brought her neighbors to her assistance, causing the accused to flee from thepremises without completing all the acts of execution.

CONTRARY TO LAW with the aggravating circumstance of dwelling.


PLUS: Certification of Preliminary Investigation or Inquest




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C. Motions

1. Motion to Quash Information

A motion to quash information MUST include all of the following:1. Caption and Title2. Parties3. Distinct Specification of Factual and Legal Grounds for Quashal4. Relief 5. Date/Place

6. Signature of Counsel7. Notice of Hearing8. Affidavit of Service

Sample Motion to Quash Information:

[1] Republic of the PhilippinesNational Capital Judicial Region



Criminal Case No. 00567- versus - For: Theft

KLEPTO MANIAC, Accused.

x ------------------------------------------ x

MOTION TO QUASH

[2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on thefollowing:

[3] GROUNDS

1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGALJUSTIFICATION;

2. THIS COURT IS WITHOUT JURISDICTION.

In support, the accused respectfully states that:

ARGUMENT

The Information alleges that the accused KLEPTO MANIAC is eleven (11) years old and without any knownaddress. Under Article 12, paragraph 3 of the Revised Penal Code, a person over nine years of age and under fifteen, unless he acted with discernment, is exempt from criminal liability.

There is no allegation that the accused acted with discernment. Even granting said discernment, the accusedcannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that aminor, unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried butinstead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be tocommit the minor to the custody or care of a public or private benevolent or charitable institution for the care andeducation of homeless and delinquent children or to the custody of the Department of Social Work and Development.

[4] WHEREFORE, it is respectfully prayed that the Information against the accused be QUASHED and that theaccused be released immediately from detention.


[6] (Sgd.) MITCH MCDEERECounsel for the Accused

[Address]





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2. Motion to Quash Search Warrant

Under Sec. 14, Rule 126, RoC, a MOTION TO QUASH SEARCH WARRANT may be filed in and actedupon only by the court where the action is filed. If no action has yet been filed, it may be filed with thecourt that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case isthen filed in another court, the motion may be resolved by such other court.

A motion to quash search warrant MUST include all of the following:1. Caption and Title2. Distinct Specification of Factual and Legal Grounds for Quashal

a. Failure to comply with form prescribed by lawb. Served beyond periodc. More than one offensed. No personal determination of probable cause by Judgee. No probable cause

3. Relief 4. Place/Date5. Signature of Counsel6. Notice of Hearing7. Proof of Service

Sample Motion to Quash Search Warrant:

[1] (Caption)PEOPLE OF THE PHILIPPINES,Plaintiff,

- versus - Criminal Case No. 00022For: Libel

VIG CHAN, Accused.

x ---------------------------------------------- x

MOTION TO QUASH SEARCH WARRANT

The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued by thisHonorable Court on and dated 12 July 2006 based on the following considerations:

[2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10) days from its date and that thereafter, it shall be void.

2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11 th dayfrom its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of thesearching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006;pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant isvoid and must, thus, be quashed.

[3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all objects seizedunder its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III, Section 3(2) inrelation to section 2 of the 1987 Constitution.


[5] (Sgd.) MA TAPANGCounsel for Accused

[Address]





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3. Motion to Suppress Evidence

Under Sec. 14, Rule 126, RoC, a MOTION TO QUASH SEARCH WARRANT may be filed in and actedupon only by the court where the action is filed. If no action has yet been filed, it may be filed with thecourt that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case isthen filed in another court, the motion may be resolved by such other court.

A motion to suppress evidence MUST include all of the following:1. Caption and Title2. Distinct Specification of Factual and Legal Grounds for Suppression

a. Search without witnessesb. Served beyond periodc. More than 1 offensed. No receipte. No inventoryf. Property not subject of seizureg. Not evidence in plain view

3. Prayer/Relief 4. Place/Date5. Signature of Counsel6. Notice of Hearing7. Proof of Service

[1] (Caption)PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - Criminal Case No. 00022For: Libel

VIG CHAN, Accused.

x ---------------------------------------------- x

MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED

The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July 2006, pursuant toSearch Warrant No. 1122 issued by this Honorable Court dated 12 July 2006, based on the following considerations:

[2] 1. Search Warrant No. 1122 was served on the 11th

day and is, thus, void.2. The motor vehicle seized does not fall within the property that may lawfully be seized.

Discussion[1] Search Warrant No. 1122 wasserved on the 11 th day and is, thus,void.

1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10)days from its date and that thereafter, it shall be void.

2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11 th day from itsdate; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team(a copy of which is already part of the records). A search was made on the same day, 23 July 2006; pursuant to said search,certain objects were seized and delivered to the court. Under the law, the Search Warrant is void.

3. No valid seizure may be made under a void warrant. For this reason, the following objects must be suppressed:[list items]

[2] The motor vehicle seized doesnot fall within the property thatmay lawfully be seized.

4. On the occasion of the search, the searching party also “seized” accused’s green Jaguar XJE with license plate,“No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and kept at the PNP Motor Pool.

5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is no relation between




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the motor vehicle and libel.

6. Moreover, the motor vehicle is not mala prohibita that would justify a seizure thereof; neither could there be aseizure of evidence in plain view.

[3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1122 be declaredINADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to Section 2 of the 1987 Constitution.Furthermore, it is prayed that the Green Jaguar XJE with license plate “No. 1" be immediately returned to the accused.


[5] (Sgd.) MA TAPANGCounsel for Accused[Address]


4. Motion for Bail

A motion for bail MUST include all of the following:1. Caption and Title2. Parties3. Specification of Grounds for Entitlement to Bail

The allegation in this regard would invariably be to the effect that the evidence of guilt is notstrong and the relief prayed for would be a bail hearing and the subsequent admission to bail.

4. Prayer/Relief 5. Place/Date6. Signature of Counsel7. Notice of Hearing8. Proof of Service

[1] (Caption)


Criminal Case No. 00567- versus - For: Murder

NAKA PIIT, Accused.

x ------------------------------------------ x

MOTION FOR BAIL

[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the [3] prosecution’s evidenceof his guilt is not strong. In support, he respectfully submits the following:

1. The Information alleges that he raped the private complainant on 25 December 2005 at his residence in QuezonCity. The prosecution’s own evidence, however, belies this allegation as: (a) the medical certificate (attached as ANNEX Ato the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma; (b) themedical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of theaccused, two (2) days after the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflictedfor close to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict each other such that her credibility must be placed in doubt.

2. For these reasons, there is no basis to conclude that the accused raped the private complainant as there is less thancircumstantial evidence of this fact. He is, thus, entitled to bail as a matter of right.

WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during which the prosecutionshould be directed to present its evidence to show the strength of its evidence of the accused’s guilt, and (2) thereafter,grant the accused reasonable bail.



(Sgd.) MITCH MCDEERECounsel for the Accused

[Address]

PLUS: Request for and Notice of Hearing








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Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation “DAIF”; Exhibit B-2, the signature of accused on face of the check–to prove the issuance of the check, the amount stated, the reason for dishonor and theidentity of the issuer. The marked copies of Exhibits A and B are already part of the record.

WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as proof of the factstherein stated and in support of its case-in-chief and for all other relevant purposes.


ELLIOT NESS ATTICUS FINCHPublic Prosecutor Private Prosecutor

Copy furnished:

MITCH MCDEERECounsel for Accused

On the other hand, a COMMENT/OPPOSITION TO OFFER only objects to the ADMISSIBILITY of thedocument objected to, and never to the purpose of the offer, which goes to the weight of the document(unless, the objection is relevance, then purpose may properly be objected to as relevance alsodetermines admissibility). Any objections to purpose should be made in the Memorandum and anappropriate reservation to do so may be stated in the Comment.

Sample Comment/Opposition to Offer:


Criminal Case No. 000011- versus -

RECY DIVIST, Accused.

x ------------------------------------------ x

COMMENT ON THE PROSECUTION’SFORMAL OFFER OF EVIDENCE

THE ACCUSED, by counsel, respectfully oppose the Prosecution’s Offer of Evidence for the following reasons:

1. Exhibit A, the sworn statement of ‘Alang Kaso, the private complainant, and Exhibit A-1, his signature areINADMISSIBLE because the private complainant was never presented to authenticate the document or subjected tocross-examination, thus, the document is hearsay and inadmissible.

2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One MillionPesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation “DAIF”; Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check wasnever presented; and no basis for the presentation of secondary evidence laid.

ACCORDINGLY, the ACCUSED respectfully submits that the Prosecution’s Exhibits are INADMISSIBLE andmust, thus, be EXCLUDED.


(Sgd.) MITCH MCDEERECounsel for the Accused

[Address]

Copy furnished:

ELLIOT NESSPublic Prosecutor

ATTICUS FINCHPrivate Prosecutor




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B. Demurrer to EvidenceIn civil cases, a DEMURRER may be filed with or without leave of court, but if the demurrer is granted andlater reversed on appeal, the defendant loses the right to adduce evidence.

Sample Demurrer in a Civil Case:

(Caption)




x ---------------------------------- x

DEMURRER TO THE EVIDENCE

DEFENDANT, by counsel, with leave of court previously sought and granted , respectfully submits this Demurrer to the Evidence because plaintiff has failed to prove entitlement to his claims by a preponderance of evidence:

1. This action seeks to collect a sum of money arising from a contract.

2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the extent of theobligation under the contract, (c) the demandability of the obligation under the contract and (d) defendant’s liability for the obligation and damages.

3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and defendant isentitled to a dismissal of the Complaint against her.

WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED.


(Sgd.) OBI WAN KENOBICounsel for Defendant

[Address]





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On the other hand, in criminal cases, a DEMURRER TO EVIDENCE, which may also be called a“MOTION TO ACQUIT” since the relief sought is acquittal, is a litigious motion and must be set for hearing. Under Sec. 23, Rule 119, RoC, if the court denies the demurrer filed with leave of court, theaccused may present evidence in his defense. BUT, if the demurrer was filed WITHOUT leave of court,the accused waives the right to present evidence and submits the case for judgment on the basis of theevidence for the prosecution. If the second option is sought, the MOTION FOR LEAVE OF COURT TOFILE DEMURRER TO EVIDENCE must be filed PRIOR to the Demurrer, and it is only after such Motionhas been granted, that the Demurrer may be filed.

Sample Demurrer in a Criminal Case:

(Caption)


Criminal Case No. 007- versus - For: Violation of PD 1866

ANAKIN SKYWALKER, Accused.

x ---------------------------------------- x

DEMURRER TO THE PROSECUTION’S EVIDENCE

THE ACCUSED, by counsel, with leave of court previously obtained , respectfully submits this Demurrer to theProsecution’s Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt toovercome the presumption of innocence and shift the burden of proof:

1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect of thispresumption is that it entitles the accused to not say anything in his defense and places the burden directly on theprosecution to prove everything relative to his guilt. Thus, the prosecution must rely on the strength of its evidenceand not wait for the accused to offer any defense. It is only in the event that the prosecution, after resting its case,has adduced sufficient evidence of guilt that the burden of proof shifts to the accused.

2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof.

2.1. The accused is charged with violation of PD 1866; the gravamen of the offense isunauthorized possession of a firearm. Concretely, this means that the prosecution must prove thatthe accused had no legal authority to possess any firearm.

2.2. The prosecution has failed to show that the accused had no license to carry a firearm.The proof of the negative element is indispensable to proof of a violation of PD 1866. Without proof of this negative element, the crime is not proven.

3. Absent proof of the negative element, i.e., absence of a license, the offense is not proven. The accused isinnocent; he must, thus, be acquitted.

WHEREFORE, the accused respectfully prays that the Information against him be DISMISSED and that he be ACQUITTED of the crime charged.


DARTH SIDIOUSCounsel for the Accused

[Address]





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C. Notice of Lis PendensSample Notice of Lis Pendens:

Republic of the Philippines4 th Judicial Region

REGIONAL TRIAL COURTBranch 71, Antipolo

DAMI LUPA,Plaintiff,

Civil Case No. 007- versus - For: Reconveyance

ALANG LUPA,Defendant.

x ----------------------- x

NOTICE OF LIS PENDENS

THE REGISTER OF DEEDS Antipolo City, Rizal Province

Please take notice that a parcel of land covered by TCT No 1234 located in Antipolo, Rizal; registered in thename of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filedby DAMI LUPA, above-named plaintiff. Accordingly, please record this notice on the title.



(Sgd.) ATTICUS FINCHCounsel for Plaintiff

[Address]Copy furnished:

MITCH MCDEERE, Esq.Counsel for Defendant

D. Appearance and Withdrawal as Counsel

The CONFORMITY (as reflected by the signature) and name of the client, who authorized the counsel tomake its entry, MUST be shown in the ENTRY OF APPEARANCE.

Sample Entry of Appearance:

Republic of the PhilippinesREGIONAL TRIAL COURT

National Capital Judicial RegionBranch 101, Quezon City


Civil Case No. 1357- versus - For: Legal Separation


x -------------------------------- x

ENTRY OF APPEARANCE


Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with her express




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conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to the undersigned at theaddress given below.



(Sgd.) OBI WAN KENOBINo. 1, Imzadi PlaceTatooine, Pasig City

WITH MY CONFORMITY:

(Sgd.) PADME AMIDALA

Copy furnished:

DARTH SIDIOUS

In the same vein, the express CONFORMITY of the client must GENERALLY be shown by the lawyer,who seeks to withdraw his appearance as counsel. If such conformity was provided, the lawyer does nothave to explain his withdrawal. BUT, if such conformity was not given prior to withdrawal, the lawyer maybe asked to secure conformity, except when the withdrawal was due to fundamental and irreconcilableprofessional differences, which must be STATED so as to justify the absence of conformity.

Sample Withdrawal as Counsel:

(Caption)




x -------------------------------- x

WITHDRAWAL OF APPEARANCE


Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER,with his express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint.



(Sgd.) MACE WINDU1 Imperial Palace, Cloud City, Pasig City

WITH MY CONFORMITY:

(Sgd.) ANAKIN SKYWALKER




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Sample Withdrawal as Counsel WITHOUT Client’s Conformity:

(Caption)




x -------------------------------- x

WITHDRAWAL OF APPEARANCE


Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER d ue to i r reconci lable professional differences with plaint i ff , for which reason the express conformity of plaint i ff cannot be obtained . Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint.


Quezon City; 7 July 2007.(Sgd.) MACE WINDU

1 Imperial Palace, Cloud City, Pasig City

E. Substitution of CounselSample Substitution of Counsel:

(Caption)




x -------------------------------- x

SUBSTITUTION OF COUNSEL

THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala insubstitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth, kindly address allpertinent notices to the undersigned at the address given below.



OBI WAN KENOBICounsel for Defendant

2 Corruscant PlaceTatooine Road, Pasig City

WITH MY CONFORMITY:

(Sgd.) PADME AMIDALA




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Part V. Pleadings in Cases and Special Proceedings

A. PETITION FOR HABEAS CORPUSB. PETITION FOR ADOPTIONC. PETITION FOR DECLARATION OF

NULLITY OF MARRIAGED. PETITION FOR PROBATE OF

HOLOGRAPHIC WILL

A. Petition for Habeas Corpus

Sample Petition for Habeas Corpus:


REGIONAL TRIAL COURTBranch 191, Makati

IN RE: PETITION FOR HABEASCORPUS OF THE MINORS LUKE AND LEIA SKYWALKER

SP No. 111334

PADME AMIDALA,Petitioner.

ANAKIN SKYWALKER,Respondent.

x ------------------------------------------ x

PETITION


1. Petitioner is the mother of the minors Luke and Leia Skywalker, who were born out of the valid marriagebetween petitioner and respondent Anakin Skywalker.

2. The marriage failed and petitioner has been living separately from respondent since 2004. Sometime in

February 2007, respondent, unknown to petitioner, abducted the minor children and has kept them incommunicadoand out of petitioner’s reach.

3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to petitioner, astheir mother. Consequently, respondent’s refusal to allow petitioner to regain custody over the minors is unlawful andunjustified.

WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing respondent to make areturn showing his legal authority to detain the minor children, subject of this petition, and thereafter, present theminor children personally before the Court on a date and time it chooses.


OBI WAN KENOBICounsel for Petitioner

[Address]

PLUS: Verification and Certification against Forum Shopping




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B. Petition for Adoption

Sample Petition for Adoption:

IN RE: PETITION FOR ADOPTIONOF ANAKIN SKYWALKER

SP No. 111334DARTH VADER and PADME AMIDALA,

Petitioners.x ------------------------------------------ x

PETITION

PETITIONERS, by counsel, respectfully state that:

1. Petitioners are husband and wife, both of legal age, and residents of __________.

2. They have no legitimate children of their own and desire to jointly adopt a minor named ANAKINSKYWALKER, 10 years old, the legitimate child of _________________.

3. The parents of the minor are not insane, intemperate and are in full possession of civil capacity; they have notabandoned the minor child. With full knowledge of petitioners’ intention, they have expressly given their writtenconsent to the adoption, as shown by their statement, a copy of which is attached as ANNEX A.

4. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor; they are alsomorally qualified to bring up and educate the said minor.

WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners’ favor adjudging the minor child ANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with respect to his/her naturalparents and that he/she be declared to all legal intents and purposes, the child of herein petitioners and that his/her surname be changed to that of petitioners.


(Sgd.) MASTER YODA[Address]


C. Petition for Declaration of Nullity of Marriage

Under AM No. 02-11-12-SC Proposed Rule on Provisional Orders , the ff. provisional orders may beapplied for upon filing of a petition for declaration of nullity of marriage:a) spousal support [§ 2]b) child support [§ 3]c) child custody [§ 4]d) visitation rights [§ 5]e) hold departure orders [§ 6]f) order of protection [§ 7]g) admin of common property [§ 8]

Under thesame Rule, child custody may be sought in a petition for declaration of nullity where the courtconsiders the best interests of the child as paramount. Provisional custody may be awarded to thefollowing based on the order of preference:1. to both parents jointly2. to either parent taking into account all relevant considerations, esp. the choice of the child3. to the surviving grandparent, or if there are several of them, to the grandparent chosen by the child

above 7 years of age unless the grandparent chosen is unfit or disqualified4. to the eldest brother or sister over 21 years of age unless unfit or disqualified5. to the actual custodian over 21 years of age unless unfit or disqualified, or 6. to any other person deemed by the court suitable to provide proper care and guidance. § 4.






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Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to bepsychologically incapacitated to comply with the essential obligations of her marriage to respondent, thus --

[1] Declaring the marriage between petitioner and respondent a nullity and, by this token, orderingthe dissolution of the conjugal partnership of gains; and

[2] Awarding permanent custody of the children to petitioner, with express acknowledgement of respondent’s visitation rights;

[3] Awarding support in the amount of (state amount) subject to adjustments to be madedepending on changes in earning capacity and needs of the children.

All other just and equitable reliefs are also prayed for.



[Address]


D. Petition for Probate of Holographic Will

Republic of the PhilippinesNational Capital Judicial RegionREGIONAL TRIAL COURT

Branch 30, San Juan

RE: PROBATE OF THE HOLOGRAPHICWILL OF PABLING SIA.,

SP PROC. No. 0023PALING KERA,

Petitioner,x ------------------------------------ x

PETITION


1. Petitioner is a Filipino citizen and the widow of the deceased.

2. On 16 August 2006, PABLING SIA died, having previously executed a holographic will in his own handwritingand in a language known to him. A copy of the will is attached as ANNEX A. The handwriting may be attested to ashis by his secretary of long standing, TOM CRUZ.

2. The deceased left a house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City andcash amounting to Fifty Thousand Pesos (P50,000); he had no debts.

3. The deceased’s only heirs are herein petitioner and their son, PABLING SIA JR., both of whom are residing atNo. 555, Tuna Road, Marinara Subdivision, Quezon City.

WHEREFORE, it is respectfully prayed that after due notice and publication this Honorable Court fix the date for the probate of the holographic will and that letters of administration be issued in favor of the herein petitioner and

thereafter adjudicate the properties of the deceased in accordance with the said holographic will.


(Sgd.) MITCH MCDEERECounsel for the Petitioner

[Address]





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Part VI. Deeds, Contracts and Other Legal Documents

A. GENERAL POWER OF ATTORNEYB. SPECIAL POWER OF ATTORNEYC. CONTRACT OF LEASED. HOLOGRAPHIC AND NOTARIAL WILLE. DONATION INTER VIVOSF. SECRETARY’S CERTIFICATEG. BOARD RESOLUTIONSH. DEED OF ASSIGNMENTI. DEED OF SALEJ. DACION EN PAGOK. CHATTEL MORTGAGE

DEED :: a sealed instrument, containing a contract or covenant, delivered by the party to be boundthereby, and accepted by the party to whom the contract or covenant runs

└ an instrument in writing, upon paper or parchment, between parties able to contract, subscribed,sealed and delivered (both definitions found in Black’s Law Dict ionary )

CONTRACT :: a meeting of minds between two persons, whereby one binds himself, with respect to theother, to give something or to render some service (Art. 1305, NCC)

└ an agreement, upon sufficient consideration, to do or not to do a particular thing ( Black’s Law Dictionary )

A. General Power of Attorney

POWER OF ATTORNEY :: an instrument authorizing a person to act as the agent or attorney of theperson granting it ( Black’s Law Dict ionary )

Although a GENERAL POWER OF ATTORNEY would suffice in ordinary instances, the Civil Codeexpressly requires a SPECIAL POWER OF ATTORNEY in the instances specified under Art. 1878thereof, to wit:1. To make such payments as are not usually considered as acts of administration;2. To effect novations which put an end to obligations already in existence at the time the agency was

constituted;3. To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to

waive objections to the venue of an action or to abandon a prescription already acquired;4. To waive any obligation gratuitously;5. To enter into any contract by which the ownership of an immovable is transmitted or acquired either

gratuitously or for a valuable consideration;6. To make gifts, except customary ones for charity or those made to employees in the business

managed by the agent;7. To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the

things which are under administration;8. To lease any real property to another person for more than one year;9. To bind the principal to render some service without compensation;10. To bind the principal in a contract of partnership;11. To obligate the principal as a guarantor or surety;

12. To create or convey real rights over immovable property;13. To accept or repudiate an inheritance;14. To ratify or recognize obligations contracted before the agency;15. Any other act of strict dominion.




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Sample General Power of Attorney:

GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform thefollowing acts, to wit:

(Specify general acts that Attorney-in-Fact may do)

Giving and granting unto my said Attorney-in-Fact full power and authority necessary and required to carry outthe acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitutionand revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully door cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine.

(Sgd.) OBI WAN KENOBIPrincipal

SIGNED IN THE PRESENCE OF:

(Sgd.) R2D2

(Sgd.) C3PO

Acknowledgment

B. Special Power of Attorney

Sample Special Power of Attorney:

SPECIAL POWER OF ATTORNEY


I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME AMIDALA, of legal age, and resident of Naboo, to be my true and lawful Attorney-in-Fact and in my name, place andstead, do perform the following specific act(s):

(Specify the particular act/s to be performed)

Giving and granting unto said attorney-in-fact power and authority to do every act necessary and required inconnection with these presents, and hereby ratifying and confirming all that she may do by virtue of these presents.

IN WITNESS WHEREOF, I have signed this Special Power of Attorney this 7 July 2007 at Tatooine.

(Sgd.) OBI WAN KENOBIPrincipal

SIGNED IN THE PRESENCE OF:(Sgd.) R2D2

(Sgd.) C3PO

Acknowledgment




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C. Contract of Lease

CONTRACT OF LEASE


This Agreement made and entered into at Makati this 7 th day of July 2007 by and between DAMI BAHAY, of legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single andresident of Quezon City (LESSEE), WITNESSETH that:

1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants madebelow, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati Citycovered by Tax Declaration No. 001 (Makati City Assessor’s Office) for a period of TWELVE (12) MONTHS fromsigning of this contract.

2. The LESSEE covenants, as follows:

2.1. To pay the rentals on or before the fifth day of each month, without need of demand atthe residence of LESSOR;

2.2. To keep the premises in good and habitable condition, making the necessary repairs andpainting inside and outside the house;

2.3. Not to make major alterations and improvements without the written consent of theLESSOR and in the event of such unauthorized major alterations and improvements, surrenderingownership over such improvements and alterations to the LESSOR upon expiration of this lease;

IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned.

DAMI BAHAY ANG BAHAYLessor Lessee

With my consent: ASA WA

Acknowledgment

BEFORE ME, a Notary Public for Makati City, personally appeared on the 7 th of July 2007, the following persons,with their respective CTC details indicated below:

DAMI BAHAY CTC No. ____________ issued at/on ALANG BAHAY CTC No. ____________ issued at/on

known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Leaseconsisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, havingacknowledged the same before me as their own free and voluntary act and deed.

TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place mentioned above.

N.O. TARIOUntil December 31, 2007

PTR No. 0000111/1/05/99, Makati CityDoc. No.

Page No.Book No.Series of 2007.




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D. Holographic and Notarial Will

HOLOGRAPHIC WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribedby law, to control to a certain degree the disposition of his estate, to take effect after his death) whichsimply has to be entirely written, date, and signed by the hand of the testator himself (Arts. 783, 810NCC, restated)

NOTARIAL WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribed bylaw, to control to a certain degree the disposition of his estate, to take effect after his death) which

complies with the requirements laid down in Arts. 805 and 806, Civil Code, among others (Arts. 783, 805-806, NCC, restated)

Sample of a Holographic Will:

San Juan, Metro Manila7 July 2007

I hereby execute this holographic will, in my handwriting and in the English language which I know how to readand write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City to myson, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos (P50,000) to my spouse, PALING KERA.

(Sgd.) PABLING SIA SR.

Sample of a Notarial Will:

LAST WILL AND TESTAMENTof

PABLING SIA, SR.


I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City, Batangas, now actuallyresiding at San Juan, Metro Manila, being of sound and disposing mind and memory, and not acting under influence,violence, fraud or intimidation of whatever kind, declare this to be my Last Will and Testament which I have caused tobe written in English, the language which is known to me. And I hereby declare that:

I. The following are my children and their addresses;

(Name of children and addresses)

II. I give and bequeath to my children __________, __________, and __________, in equal shares, thefollowing properties, real and personal, whatsoever and wheresoever located:

(Description of property)

III. I designate _______________ as the sole executor of this Last Will and Testament.

IN WITNESS WHEREOF, I have set my hand this 7 th day of July 2007 in San Juan, Metro Manila.

(Sgd.) PABLING SIA, SR.

Under Art. 805, Civil Code, an ATTESTATION CLAUSE, which is required in every notarial will and

donations mortis causa (which are essentially wills), must state the number of pages used upon which thewill is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, andthat the latter witnessed and signed the will and all the pages thereof in the presence of the testator andof one another.




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Sample Attestation Clause for a Notarial Will:

ATTESTATION CLAUSE

WE, the undersigned witnesses, whose residences are stated opposite our respective names, do hereby certifythat: the testator _________________ has published unto us the foregoing will consisting of ___ pages numberedcorrelatively in letters on the upper part of each page, as his/her last will and testament and has signed the same andevery page thereof, on the left margin, in our joint presence and we, in turn, at his/her request have witnessed andsigned the same and every page thereof, on the left margin, in the presence of the testator and in the presence of each other.

SAKSI 1 ResidenceSAKSI 2 ResidenceSAKSI 3 Residence

Sample Acknowledgment of a Notarial Will:

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7 th day of July, 2007, personallyappeared:

PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued by (official agency),on 6 July 2006;

SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July2006;



all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three asinstrumental witnesses, and they respectively acknowledged to me that they signed the same as their own free actand deed.

This Will consists of ___ pages, including the page in which this acknowledgment is written, and has been signedon the left margin of each and every page thereof by the testator and his witnesses and has been sealed with myNotarial seal.

IN WITNESS WHEREOF, I have set my hand the day, year and place written.

(Sgd.) N. O. TARIONotary Public

Until __________________ PTR No. _______________ Issued at ______________ On ___________________

Doc. No.Page No.Book No.

Series of 2007.




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E. Donation Inter Vivos

DEED OF DONATION


This Deed of Donation, made and executed by LALIM BULSA, of legal age, single/married, and resident of _______________ (“Donor”) in favor of DAMI UTANG, of legal age, single/married and resident of _________________ (“DONEE”) WITNESSETH:

That the DONOR is the owner of that certain real property with the buildings and improvements thereon, situatedin _________________, and more particularly described in Original/Transfer Certificate of Title No. ____ of the landregistry of _____________, as follows:

(Copy description of property in title)

That for and in consideration of the love and affection which the DONOR has for the DONEE, the said DONOR,by these presents, transfers and conveys, by way of donation, unto said DONEE, his/her heirs and assigns, theabove described real property with all the buildings and improvements thereon, free from all liens and encumbrances;

That the DONOR does hereby state, for the purpose of giving full effect to this donation, that he/she hasreserved for himself/herself in full ownership sufficient property to support him/her in a manner appropriate to his/her needs;

That the DONEE does hereby accept this donation of the above-described property, and does hereby expressgratitude for the kindness and liberality of the DONOR.

IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at QuezonCity, Philippines.

LALIM BULSADonor

ACCEPTED:

DAMI UTANGDonee


(Sgd.) MIRON 1

(Sgd.)MIRON 2

PLUS: Acknowledgment




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F. Secretary’s Certificate

Sometimes, it is important to indicate whether the meeting was a general or a special meeting,considering that the Corporation Code expressly provides that a meeting specially called for a particular purpose, e.g. to increase corporate indebtedness, is necessary to do such particular corporate act.

SECRETARY’S CERTIFICATE

I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the corporaterecords, do hereby certify that under oath that:

1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (“corporation”), a corporation duly organizedand existing under Philippine laws, with the same office address given above.

2. At a meeting of the Board of Directors of the corporation held on ___________, at which meeting a quorumwas present and obtained throughout, the following resolution(s) was (were) unanimously approved and adopted:

RESOLVED, that ...................

3. The foregoing resolution has not been revoked, amended or in any manner modified and accordingly, thesame may be relied upon until a written notice to the contrary is issued by the corporation.

IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________.

DEANNA TROICorporate Secretary

ATTESTED:

JEAN-LUC PICARDPresident

PLUS: Jurat

G. Board Resolutions

Sample Board Resolution Granting Authority to Act:

Board Resolution No. ___

RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer of Enterprise Holdings beauthorized, as he is hereby authorized, to enter into any and all transactions with the representatives of theFerengi Trade Federation, as may prove to be beneficial to the corporation in his own opinion and determination.

Approved and adopted this 7 th day of July, 2007 at Makati City, Philippines.

(Name of Directors)

Sample Board Resolution Increasing the Number of Directors and Making the NecessaryAmendment to the Articles of Incorporation:

Board Resolution No. ___

RESOLVED, by a vote of stockholders representing more than 2/3 of the subscribed and paid up capital stock,to INCREASE the number of Directors of the Corporation from five (5) to seven (7) and to AMEND the Articles of Incorporation to reflect this increase.

Approved and adopted this 7 th day of July, 2007 at Makati City, Philippines.

(Name of Directors)




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H. Deed of Assignment

DEED OF ASSIGNMENT


I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in consideration of the sum of ____________________ Pesos (P_____), receipt of which is hereby acknowledged do hereby assign, cede, transfer andconvey unto DAMI LUPA, likewise of legal age, and resident of ______________, all his/her rights, title, ownership andinterest over its subscription to One Hundred Thousand (100,000) shares of the capital stock of _________ Corporation,including advances due from said corporation. It is, however, understood that the assignee shall assume any and all unpaidsubscription on the said shares.

The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and lawful attorney-in-factto make representations with the corporate secretary and to cause the annotation of this assignment in the books of thecorporation.

IN WITNESS WHEREOF, the assignor has signed this deed on 7 th day of July, 2007 at the City of Manila.

DAMI SHARES Assignor


(Sgd.) MIRON 1

(Sgd.) MIRON 2


I. Deed of Sale

Standard Form of Deed of Sale of Registered Land (Unilateral):

Republic of the Philippines )Makati City ) S.S.

DEED OF ABSOLUTE SALE


I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amountof _______________________, paid to me today by MA GU LANG, Filipino, single and resident of ________________ dohereby SELL, TRANSFER and CONVEY absolute and unconditionally unto said MA GU LANG that certain parcel(s) of land,together with the buildings and improvements thereon situated in the City of Makati, and more particularly described as

follows:(Technical Description of property/ies; specify metes and bounds of the property/ies with approximatearea thereof, as indicated on the face of the title)

of which I am the registered owner in fee simple, my title thereto being evidenced by Transfer (or Original) Certificate of TitleNo. ______, issued by the Register of Deeds of Makati City.

It is hereby mutually agreed that the vendee shall bear all expenses for the execution and registration of this deed of sale.

IN WITNESS WHEREOF, I have signed this deed this 7 th day of July, 2007 at Makati City.

MA YA MANVendor

[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is married,then add the following:]

With my consent:

ASA WAVendor’s Wife


(Sgd.) MIRON 1

(Sgd.) MIRON 2





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Standard Form of Deed of Sale of Unregistered Land (Unilateral)


DEED OF ABSOLUTE SALE


I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of theamount of __________, paid to me today by MA GU LANG, Filipino, single and resident of _______________________ do hereby SELL, TRANSFER and CONVEY absolutely and unconditionally unto saidMA GU LANG that certain parcel(s) of land, together with the buildings and improvements thereon situated in the Cityof Makati, and more particularly described as follows:

(Description: state the nature of each piece of land and its improvements, situations andboundaries, area in square meters, whether or not the boundaries are visible on the land by meansof monuments or otherwise; and if they are, what they consist of, the permanent improvements, if any, the page number of the assessment of each property for current year or years whenregistration is made, the assessed value of the property for the year)

It is hereby declared that the boundaries of the foregoing land are visible by means of _______________; thatthe permanent improvements existing thereon consist of _________ (if none, state so); that the land is assessed for the current year at P______________ as per Tax Declaration No. __________, and the buildings and/or improvements , at P____________ as per Tax Declaration No. _________, of the City Assessor of Makati.

The above described real estate, not having been registered under Act No. 496 nor under the Spanish MortgageLaw, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the Revised Administrative Code, as amended.


MA YA MANVendor

[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor ismarried, then add the following:]

With my consent:

ASA WAVendor’s Wife


(Sgd.) MIRON 1

(Sgd.) MIRON 2







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Standard Form of Deed of Repurchase of Land Sold under Pacto de Retro:


DEED OF RESALE


I, MA GU LANG, Filipino, married, of legal age, and resident of _______________, for and in consideration of _______________ Pesos (P____), to me paid by MA YA MAN, Filipino, of legal age, married and resident of ___________________, do hereby RESELL, RETRANSFER and RECONVEY unto said MA YA MAN that certainparcel of land, with all the buildings and improvements thereon, situated at Makati City, and more particularlydescribed, as follows:

(Copy technical description in title)

covered by Transfer (or Original) Certificate of Title No. ____ of the Registry of Deeds of Makati, and which propertywas previously sold to under pacto de retro by the said MA YA MAN on _____________, executed before NotaryPublic __________ and bearing Notarial Registration No. ___, Page No. ____, Book No. ____ and Series of 20__ of his Notarial Register, a copy of which is attached as ANNEX A.

IN WITNESS WHEREOF, I have signed this deed this 7 th of July, 2007 at Makati City.

MA GU LANG

Vendor [Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor ismarried, then add the following:]

With my consent:

BA TAPAVendor’s Wife


(Sgd.) MIRON 1

(Sgd.) MIRON 2





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Standard Form of Deed of Sale with Mortgage:


DEED OF SALE WITH MORTGAGE

This Deed of Sale with Pacto de Retro made and executed by and between:

MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________ (VENDOR-MORTGAGEE),

- and -

MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________ (VENDEE-MORTGAGOR);

WITNESSETH: That–

The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings andimprovements thereon, situated in the City of Makati, and more particularly described, as follows:

(Copy technical description in TCT/OCT)

his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of

Makati;The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by

VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY unto the saidVENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens andencumbrances whatsoever;

It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____), of whichamount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the VENDOR-MORTGAGEE at the latter’s residence, as follows:

(State manner of payment)

In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does herebyMORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described, together with all

the buildings and improvements thereon, under the express stipulation that if the said VENDEE-MORTGAGOR shallpay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no further force and effect; otherwise, the same shall remain in full force and effect and shall be enforceable in the manner prescribed by law.


MA YA MAN MA GU LANGVendor Vendee

With my consent: With my consent: ASA WA BA TAPAVendor’s Wife Vendee’s Wife


(Sgd.) MIRON 1

(Sgd.) MIRON 2





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J. Dacion En Pago

Under Art. 1245, Civil Code, DATION IN PAYMENT ( dacion en pago ) is a mode of payment by whichproperty is alienated to the creditor in satisfaction of a debt in money; it is governed by the law of sales.

Standard Form of Deed of Assignment of Real Estate in Payment of Debt (Dacion En Pago):

DEED OF ASSIGNMENT

KNOW ALL MEN BY THESE PRESENTS:This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino, of legal age, married to

ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino, of legal age, married toBIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH:

That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in fullpayment and complete satisfaction thereof hereby assign, transfer and convey unto the ASSIGNEE that certain realestate with all the buildings and improvements thereon, situated in ___________, and more particularly described asfollows:

(Description of property assigned)

of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by Transfer (or Original)Certificate of Title No. ____________ of the Register of Deeds of _____________.

That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned debt of ______________ Pesos (P_________).

IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati City.

DAMI UTANG DAMI LUPA Assignor Assignee

With my marital consent: ALANG MALAY BIL MOKO Assignor’s Wife Assignee’s Wife





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K. Chattel Mortgage

Sample of Chattel Mortgage:


CHATTEL MORTGAGE


That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the loan of FIVEHUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal age, married andresident of Makati, to be paid one (1) year from date hereof, have transferred and conveyed by way of chattelmortgage unto said YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances thatcertain motor vehicle, at present in my possession at my address, more particularly described as:

Model/Make No./Color: BMW 738i (1998), racing green;Chassis No. : 00000001111;Engine No. : 00000001111;

of which I am the true and absolute owner by title thereto, being evidenced by Registration Certificate of Motor Vehicle No. ______ issued in my name by the Land Transportation Office on __________________.

This chattel mortgage has been executed in order to secure the full and faithful payment of my obligation to

YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment, this contract shallbecome null and void; otherwise, it shall continue in full force and effect and may be foreclosed in accordance withlaw.

IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City.

DAMI KOTSE

Affidavit of Good Faith

We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed theforegoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is notintended to defraud creditors.

YAMAN NYA DAMI KOTSE

Signed in the presence of:

UZI 1 UZI 2





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Part VII. Appeals and Other Modes of Review

A. ORDINARY APPEALS IN CIVIL CASESB. ORDINARY APPEALS IN CRIMINAL CASESC. PETITIONS FOR REVIEW

A. Ordinary Appeals in Civil Cases

From MTC (original jurisdiction) to RTC(appellate jurisdiction):

Pursuant to Rule 40, Rules of Court, the appeal,which MUST be filed within 15 DAYS fromnotice of judgment or final order, MUST includeall of the following:1. Notice of Appeal

- Parties- Judgment or final order appealed from- Material dates showing timeliness of

appeal2. Proof of Payment of Appellate Court Docketand Other Lawful Fees3. Memorandum for Appellant or Appellee

From RTC (original jurisdiction) to CA:

Pursuant to Rule 41, Rules of Court, the appeal,which MUST be filed within 15 DAYS fromnotice of judgment or final order, MUST includeall of the following:1. Notice of Appeal2. Brief for Appellant

- Subject Index of the matter in brief - Assignment of Errors- Statement of the Case- Statement of the Facts- Statement of the Issues- Argument- Relief - Copy of judgment or final order

appealed from The Appellee shall likewise file his

Brief, which follows the same formatas that in the Appellant’s Brief,EXCEPT for the Copy of judgmentor final order appealed from.

3. Appellant’s Reply Brief 4. Memorandum (in special cases)

- Statement of the Case- Statement of the Facts- Statement of the Issues- Argument- Relief

B. Ordinary Appeals in Criminal Cases

From MTC (as trial court) to RTC (appellate jurisdiction):

Pursuant to Sec. 1(a), Rule 122, Rules of Court,the appeal, which MUST be filed within 15DAYS from notice of judgment or final order,MUST include all of the following:1. Notice of Appeal2. Brief/Memorandum for Appellant or Appellee

From RTC (as trial court) to CA:

Pursuant to Secs. 1(b) and 3(a), Rule 122,Rules of Court, the appeal, which MUST be filedwithin 15 DAYS from notice of judgment or finalorder, MUST include all of the following:1. Notice of Appeal2. Brief/Memorandum for Appellant or Appellee

From RTC (as trial court) to SC:

Pursuant to Sec. 3(c) in relation to Sec. 3(a),Rule 122, Rules of Court, the appeal, whichMUST be filed within 15 DAYS from notice of judgment or final order, MUST include all of thefollowing:1. Notice of Appeal2. Brief/Memorandum for Appellant or Appellee

NOTE that the only instance when an ordinaryappeal from the RTC to the SC and where resortis made by simple notice of appeal is when the

penalty imposed by the RTC is reclusion perpetua or life imprisonment or where a lesser penalty is imposed BUT involving offensescommitted on the same occasion or arising outof the same occurrence, which gave rise to themore serious offense for which the penalty of death, reclusion perpetua or life imprisonment isimposed.




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C. Petitions for Review

From RTC (as appellate court) or from aquasi-judicial agency to CA:Pursuant to Rules 42 and 43, Rules of Court, thepetition, which MUST be filed within 15 DAYSfrom notice of judgment or final order OR withinthe maximum of 15 DAYS extension periodtherefrom, MUST include all of the following:

1. Full names of petitioner and respondent2. Statement of Material Dates3. Statement of Material Averments4. Statement of Issues, Errors of Fact or Law5. Argument6. Verification and Certification against Forum

Shopping7. Attachments

- Certified true copy or duplicate originalcopy of judgment/final order questioned

- Clear and legible copy of all pleadingsand other material portions of the record

8. Proof of Service and Explanation for Service

by Registered Mail (if applicable)From RTC (on pure questions of law) or CA(appellate jurisdiction) to SC:

The petition, which MUST be filed within 15DAYS from notice of judgment or final order ORwithin the maximum of 15 DAYS extensionperiod therefrom, MUST include all of thefollowing:1. Names of Petitioner and Respondent

(Without Impleading the Lower Court/Judge/Justice )

2. Statement of Material Dates3. Material Allegations, Reasons or Arguments

for Allowance of Petition4. Verification and Certification against Forum

Shopping5. Attachments

- Certified true copy or duplicate originalcopy of judgment/final order questioned

- Clear and legible copy of all pleadingsand other material portions of the record

6. Proof of Service and Explanation for Serviceby Registered Mail (if applicable)




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Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data

A. AMPAROB. HABEAS DATA

A. Amparo

Under A.M. No. 07-09-12-SC, the Rule on theWrit of Amparo, anyone whose right to life,liberty and security is violated or threatened withviolation by an unlawful act or omission of apublic official or employee, or of a privateindividual or entity can file a SIGNED ANDVERIFIED petition for the issuance of a writ of amparo. BUT, it is not available for violations or threatened violations of the right to property per se , except when the right to property isconnected to the right to liberty such that thelatter right cannot be vindicated withoutaddressing the threat to or violation of the rightto property.

The petition can be filed SUCCESSIVELY (or byDEFAULT) by the following: an aggrieved party;a member of his immediate family (i.e., spouse,children & parents); an ascendant, descendantor collateral relative within the 4 th civil degree of consanguinity or affinity; and in default of all theforegoing, by a concerned citizen, organization,association or institution. The filing by a moreprior party suspends the right of all others to filesimilar petitions. NOTE that even if the Rule didnot expressly require so, if the petition was filedby any of the relators, a statement must bemade that the aggrieved party did not, or couldnot file the petition.

The petition may be filed on any day, or at anytime with any of the following courts, and the writis enforceable anwhere in Philippines.a. RTC of place where the threat, act or

omission was committed or any of itselements occurred

b. Sandiganbayan or Court of Appeals or any justice there

c. Supreme Court or any justice there

The petition MUST include all of the following:1. Personal Circumstances of the Petitioner 2. Name and Personal Circumstances of the

Respondent Responsible OR if the Name isUnknown or Uncertain, his Assumed Appellation

3. Right to Life, Liberty and Security of the Aggrieved Party Violated or Threatened, Act/s Allegedly Violative of Said Rights andthe Attendant Circumstances

4. Investigation Conducted, if any, theInvestigating Authority, the Manner andConduct Thereof and any Report thereon

5. Actions and Recourses Taken by thePetitioner to Determine the Fate or Whereabouts of the Aggrieved Party and theIdentity of the Person Responsible

6. Relief Prayed For *7. Certification against Forum Shopping

WON this certification is necessary isdebatable. The Rule does not expresslyrequire a Certification and the Ruleforbids the filing of a motion to dismiss.HOWEVER, Sec. 5, Rule 7, RoC, whichis the general rule on all initiatorypleadings may be used to justify theneed for such a certification.

The VERIFIED return and supporting affidavits,which must be filed within 72 HOURS after

service of writ MUST include all of the following:1. Lawful Defenses2. Steps or Actions Taken by the Respondent

to Ensure the Security and Confidentiality of the Data or Information

3. All Relevant Information in the Respondent’sPossession

4. If the Respondent is a Public Official or Employee, he must further state the actionsthat have been or will still be taken to:a. verify the identity of the aggrieved partyb. recover and preserve evidencec. identify witnesses and obtain statements

from themd. determine the cause, manner, locationand time of death or disappearance +any pattern or practice

e. identify and apprehend the person/sinvolved

f. bring the suspected offenders before acompetent court

The Rule provides for four INTERIM reliefs for the petitioner, to wit: a temporary protectionorder, an inspection order, production order andwitness protection order. On the other hand, twoINTERIM reliefs are provided for the respondent,namely: an inspection order and a productionorder.

The judgment must be rendered within 10 daysfrom the time the petition was submitted for decision, while an appeal under Rule 45, RoCon the basis of questions of fact and/or law mustbe filed within 5 working days from notice of adverse judgment.




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L E G A L F O R M S

The following are PROHIBITED pleadings andmotions:1. motion to dismiss2. motion for extension of time to file return,

opposition, affidavit, position paper andother pleadings

3. dilatory motion for postponement4. motion for a bill of particulars5. counterclaim or cross-claim6. third-party complaint7. reply8. motion to declare respondent in default9. intervention10. memorandum11. MR of interlocutory orders or interim relief

orders12. petition for CMP against any interlocutory

order

Standard Form of a Petition for the Issuance of a Writ of Amparo:

[CAPTION AND TITLE]

Republic of the Philippines(COURT)(Location)

Name of Aggrieved Party or Relator,Petitioner,

(Case No. _____________)- versus -

Name of Public Official/EmployeeOr Private Individual or Entity,

Respondent/s.

X ---------------------------------------- X

PETITION


[PARTIES]

1. Petitioner/Relator is . . .1.1. Personal/Professional Circumstances Relevant (if by Relator, state relationship of relator to victim)1.2. Factual Statements Relevant to Grounds (Violation of Right to Life, Liberty and Security of Person or Threat

thereof)1.3. Contact Details1.4. Other Relevant Details

2. Respondent/s is/are . . .2.1. Personal/Professional Circumstances Relevant2.2. Contact Details2.3. Other Relevant Details

[BODY]

3. Statement of Facts




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L E G A L F O R M S

3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing)3.2. Statement as to Judicial Affidavits (if any) of witnesses3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts

4. Statement of Material Facts Relevant to Interim Reliefs (if any)a. Temporary Protection Order b. Inspection Order c. Production Order d. Witness Protection Order

5. Statement of Material Facts Relevant to Final Relief/s

[RELIEF]

WHEREFORE, . . .(a) Interim Reliefs be granted immediately(b) Final Reliefs be granted after hearing(c) Interim Reliefs be made permanent(d) Other Reliefs be granted

[DATE AND PLACE]

[NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL]

[VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING]

[AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]

Standard Form of a Return:

[CAPTION AND TITLE][PARTIES][BODY]

1. Supporting Affidavits of respondents and their witness/es2. Statement as to:

2.1. lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of thePetition;

2.2. the steps or actions taken to determine the fate or whereabouts of the AP and the persons responsible for the threat, act or omission

2.3. all relevant information in the possession of the respondent pertaining to the threat, act or omission againstthe AP;

2.4. [if the respondent is a public official/employee], add:actions taken or to be taken:

a. to verify the identity of the AP;b. to recover and preserve evidence related to the death or disappearance of the person identified in the

petition which may aid in the prosecution of the person/s responsible;c. to identify witnesses and obtain statements from them concerning the death or disappearance;d. to determine the cause or manner, location and time of death, or disappearance as well as any pattern or

practice that may have brought about the death or disappearance;e. to identify and apprehend the person/s responsible;f. to bring the suspected offenders before a competent court.

3. Opposition to Interim Reliefs applied for

[RELIEFS][DATE AND PLACE][NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL][VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING][AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]








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L E G A L F O R M S

Standard Form of a Return:

[CAPTION AND TITLE][PARTIES][BODY]

1. Supporting Affidavits of respondents and their witness/es2. Statement as to:

2.1. Lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of thePetition;

2.2. Disclosure of the data or information about the petitioner, the nature of such data or information and thepurpose for its collection;

2.3. The steps or actions taken by the respondent/s to ensure the security and confidentiality of the data or information; and

2.4. The currency and accuracy of the data or information held;2.5. Other allegations relevant to the resolution of the proceeding;

3. Opposition to Interim Reliefs applied for

[RELIEFS][DATE AND PLACE][NAME AND SIGNATURE + ALL MATERIAL INFORMATION OF COUNSEL][VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING][AFFIDAVIT OF SERVICE AND EXPLANATION OF SERVICE]

* Most of these forms are based on Prof.Theodore Te’s Legal Forms v2009, while theothers are based on “Philippine Legal Forms

Plus” 2009 by Atty. Fernando B. Duque




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L E G A L F O R M S

Glossary of Uncommon Terms

ABJURE - to renounce, repudiate or retract, esp.with solemnity, under oath; to recant.

AB INITIO - from the beginningABNEGATE - to refuse or deny oneself (rights,

claims, conveniences, etc.); reject; give upADDLEBRAINED - foolish; silly; having or

revealing a muddled or confused mind; stupid

AD HOMINEM - appealing to one's prejudices,emotions or special interest rather than tointellect or reason, as by attacking one'sopponent rather than debating the issue.

ADVENTITIOUS - added extrinsically; notessentially inherent; out of the proper place or usual place.

A FORTIORI - with stronger reasonAGRESTIC - rural; crude; uncouthAIDE-MEMOIRE - a memorandum of a discussion;

proposed agreementALEATORY - depending or pertaining to chance,

luck or contingency; unpredictableALEXIPHARMAC - an antidote

AMICUS CURIAE - a friend of the court; a personappointed by the court as an impartial adviser.AMORPHOUS - without definite form; shapeless,

of no definite or particular type, kind or character; unorganized; vague.

ANACHRONISM - the representation of somethingas existing or occurring at other than its proper time, esp. earlier; anything that is or seems tobe out of its proper time in history

ANCHORITE - a person who lives alone and apartfrom society for religious meditation; hermit;recluse

ANDROGYNOUS - exhibiting both male andfemale characteristics, esp. sexual ones;

hermaphroditicANIMADVERT - to observe, censure; to commentor act upon something with disapproval;criticize adversely

ANTEBELLUM - before the war ANTIPODE - anything diametrically opposed; exact

oppositeANTITHESIS - opposition; contrast; the direct

oppositeAPHORISM - a terse, pithy expression embodying

a wise or clever observation or a general truth;maxim; adage

APOCALYPTIC - prophesying total destruction or great disasters; affording a revelation or

prophesy; pertaining to the ApocalypseAPOCRYPHAL - of doubtful sanction, authorshipor authority; uncanonical; false; spurious;counterfeit

APOGEE - the farthest or highest pointA POSTERIORI - from the effect to the cause;

reasoning sequence opposed to a prioriA PRIORI - reasoning sequence from cause to

effect

ARGUMENTUM AD ADSURDUM - an argumentproving the absurdity of an opponent'sargument

ARGUMENTUM AD HOMINEM - an argument tothe individual man, i.e., to his interests andprejudices

ATHWART - across; against; opposedATRABILIOUS - sad; melancholy; morose;

gloomy; irritable; bad-temperedATTORNEY AD HOC

A person named appointed by the court todefend an absentee defendant in the suit inwhich the appointment is made.

ATTORNEY-AT-LAWThat class of persons who are licensed officersof the courts empowered to appear, prosecuteand defend, and upon whom peculiar duties,responsibilities and liabilities are developed bylaw as a consequence.

ATTORNEY IN FACT An agent whose authority is strictly limited bythe instrument appointing him. His authority isprovided in a special power of attorney or general power of attorney or letter of attorney.

He is not necessarily a lawyer.ATTORNEY OF RECORDThe attorney whose name is entered in therecords of an action or suit as the lawyer of adesignated party thereto. (1999 BAR EXAMS)

AUTARKY - national economic self-sufficiency; anational policy of economic independence,esp. of getting along without imports

AUTODIDACT - a person who is self-taughtAVANT GARDE - the advance group, the leaders,

or the radical in any field, esp. in the visual,literary or musical arts, whose works arecharacterized by unorthodox and experimentalmethods; vanguard

BAGATELLE - something of little value; anunimportant trifle; a short, light piece of musicBAR AND BENCH

Bar refers to the whole body of attorneys andcounselors collectively, the members of thelegal profession.Bench denotes the whole body of judges.

BARRATRYOffense of frequently inciting and stirring upquarrels and suits. The lawyer’s acts of fomenting suits among individuals and offeringlegal services to one of them. (1993 BAREXAMS)

BEAU COUP - very much; very many

BEAU GESTE - a fine or beautiful gesture; an actor offer that seems fine, noble but is emptyBEAU MONDE - fashionable society; elegant worldBELLWETHER - a leader of a movement or

activityBETE NOIRE - something or someone that a

person particularly dislikes, fears, avoids,dreads or loathes

BILLINGSGATE - coarsely or vulgarly abusivelanguage




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L E G A L F O R M S

BLANDISHMENT - speech or action that flatter and tends to coax, entice or persuade;allurement

BLOVIATE - to orate verbosely and windilyBONHOME - good nature; pleasant and easy

manner BON VIVANT - a person who lives luxuriously and

enjoys good food and drink; an epicureBRAVURA - a display of daring; brilliant

performance; dash

BRIO - animation; vivacity; zestBUMPTIOUS - offensively assertive; disagreeablyor excessively conceited, arrogant or forward

CACHINNATE - to laugh loudly, immoderately or excessively

CADGE - to obtain by imposing on another'sgenerosity or friendship; to borrow withoutintent to repay

CARTE BLANCHE - full power or authorizationCAVEAT EMPTOR - let the buyer bewareCAVIL - a trivial, annoying and pointless objection;

quibble; the raising of trivial questionsCHIMERA - a horrible or unreal creature of the

imagination; a vain, impossible or idle fancy

CHUTZPAH - unmitigated effrontery or impudence;shameless audacity; insolenceCLAUDICANT - lame; having a limpCLERISY - learned persons as a class; literati;

intelligentsia; educated people as a classCLOY - to weary by an excess of something, as of

food; sweetness, richness or pleasure; surfeit;satiate; to become uninteresting or distastefulthrough overabundance

COGITATE - to think deeply or intently; to ponder;to meditate

COGNOSCENTI - those who are well-informed or have superior knowledge and understanding of a certain field, esp. of fine arts, literature or the

world of fashionCOLLOCATE - to arrange or place together, esp.side by side; to arrange in proper order

COMMINATE - to threaten with divine vengeanceCOMPOS MENTIS - of sound mindCONCATENATION - a series of links united; a

series or order of things depending on eachother as if linked together; a chain; succession

CONDIGN - suitable to the fault or crime;deserved; adequate

CONTRETEMPS - an inopportune or unfortunateoccurrence; an embarrassing mischance;awkward mishap

CONUNDRUM - a riddle whose answer involves a

pun; any puzzling question or problemCOUP DE GRACE - a death blow, esp. onedelivered mercifully to end suffering by amortally wounded person; any finishing or decisive stroke

CUMSHOW - a present, gratuity or tipDEBOUCH - to come forth; emergeDECLASSE - reduced to or having low status

DEFENESTRATION - the act of throwing a personor thing out of a window; a tossing out througha window

DEMIMONDE - a class of women who have lostsocial standing because of indiscreet behavior or sexual promiscuity

DEMOTIC - of or pertaining to the common people;popular; common

DE RIGUEUR - strictly required, as by etiquette,usage or fashion

DESULTORY - lacking in consistency, constancy,or visible order; disconnected; not methodicalDETRITUS - loose material that is worn away from

rocks, debrisDIKTAT - a harsh settlement unilaterally imposed

on a defeated party; an authoritative decree or order

EBULLIENT - overflowing with enthusiasm or excitement

EFFULGENCE - the state of being bright or radiant; brilliance

ESURIENT - hungry; voracious; greedyEXIGUOUS - extremely scanty; meager EX PARTE - from one side only; other party is not

around or absentEX TEMPORE - without preparation; impromptuFAIT ACCOMPLI - a thing already doneFALSUS IN UNO, FALSUS IN OMNIBUS - false in

one thing, false in everything. Legally, theentire testimony of a witness may bedisregarded if some part of it is found to befalse.

FARRAGO - a confused mixture; an assortment; amedley

FAUX PAS - a false step; a social blunder FRIABLE - easily crumbled; pulverized or reduced

to powder FURBELOW - something showy or superfluous

GAUCHERIE - lack of social grace; tactlessnessGLABRIOUS - smooth; bald; without hair GRACILE - gracefully slender; thinGRANDILOQUENT - speaking or expressed in a

lofty highfalluting, pompous or bombastic styleGRAVAMEN - the essential part of an accusation

or that which weighs most heavily or adverselyagainst the accused

GRAVID - in the family way or pregnantHABEAS CORPUS - a legal order directing

somebody with custody of a person to bringthe party in court

HALCYON - peaceful; calm; tranquilHOLOGRAPHIC - wholly written by the person in

whose name it appears, applies particularly towills and testamentsHOUSE COUNSEL (or IN-HOUSE COUNSEL)

One who acts as attorney for business thoughcarried as an employee of that business andnot as an independent lawyer

IN ARTICULO MORTIS (IN EXTREMIS) - at thepoint of death




18

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INCHOATE - in the early stages; not yetcompletely or clearly formed or organized;incipient

INCULPATE - to charge with fault; blame, accuseor involve in a charge

INEFFABLE - incapable of being expressed inwords; unspeakable; indescribable

INELUCTABLE - impossible to avoid or evade;inevitable

IN LOCO PARENTIS - in the place of a parent

IPSO FACTO - by the fact itself; by the nature of the caseJINGO - a person who professes patriotism loudly

or excessivelyKVETCH - to complain; to whineLAMBENT - playing lightly on or over a surface;

flickering as a lambent flameLEGERDEMAIN - sleight of handLOGORRHEA - excessive talkativeness or

wordinessMODUS VIVENDI - mode of livingMOIETY - one of equal parts; an indefinite partNE PLUS ULTRA - the highest point or

culmination; the highest point of perfection

NIHILISM - total rejection of established laws andinstitutions; extreme skepticismNOBLESSE OBLIGE - the moral obligation of the

PUTATIVE - to suppose; consider; reputed;generally considered or deemed such

QUANTUM MERUIT, Doctrine of A device to prevent undue enrichment basedon the equitable postulate that it is unjust for aperson to retain benefit without paying for it.

QUID PRO QUO - something in return;compensation

QUOTIDIAN - daily; occurring or recurring daily;ordinary; common

RAPPROCHEMENT - bringing together; drawingcloser; reconciliationRATIOCINATION - the process of reasoningRECHERCHE - sought out with care; choice; too

refined; too studiedRES IPSA LOQUITUR , Doctrine of

Literally, the thing speaks for itself . Thisprinciple or doctrine applies to both judges andlawyers. Judges had been dismissed from theservice without the need for a formalinvestigation because based on the records,the gross misconduct or inefficiency of the judges clearly appears. (Uy vs. Mercado, 154SCRA 567)

SERIATIM - in a series; one after another SUB JUDICE - under consideration by the court;pending judgement