Legal Ethics & Forms 2010 PDF

LABOR LAW REVIEWER
LEGAL ETHICS
LEGAL FORMS
LEGAL ETHICS & FORMS 2010
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College of Law.
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LEGAL ETHICS AND FORMS REVIEWER
LEGAL ETHICS
Table of Contents
Chapter I. Legal Profession.............................3
I. Supervision and Control ........................3
II. Practice of Law......................................3
III. Admission to Practice............................4
1. Citizenship.............................................5
2. Residence..............................................5
3. Age ........................................................5
4. Good Moral Character ...........................5
5. Legal Education.....................................5
6. Bar Examinations ..................................6
7. Lawyers Oath........................................7
IV. Qualifications for Practice .....................7
1. Law Students.........................................7
2. Agent .....................................................8
3. Self-representation ................................8
V. Prohibition from Practice.......................8
VI. Notarial Practice....................................9
Chapter II. Code of Professional
Responsibility.................................................11
I. Legal Ethics.........................................11
II. Lawyers Duties to Society..................12
Canon 1...................................................12
Canon 2...................................................13
Canon 3...................................................16
Canon 4...................................................19
Canon 5...................................................19
Canon 6...................................................20
III. Lawyers Duties to the Legal Profession
22
Canon 7...................................................22
Canon 8...................................................23
Canon 9...................................................25
IV. Lawyers Duties to the Courts .............27
Canon 10.................................................27
Canon 11.................................................28
Canon 12.................................................29
Canon 13.................................................32
V. Lawyers Duties to the Client ..............33
Canon 14.................................................33
Canon 15.................................................34
Canon 16.................................................36
Canon 17.................................................38
Canon 18.................................................39
Canon 19.................................................40
Canon 20.................................................41
Canon 21.................................................43
Canon 22.................................................48
Chapter III. Discipline of Lawyers.................50
I. Liabilities of Lawyers...........................50
II. Power to Discipline Errant Lawyers ....50
A. Forms of Disciplinary Measures .....50
B. Suspension and Disbarment...........51
C. Procedure for Suspension or
Disbarment of Attorneys by the IBP........ 52
D. Procedure for Suspension or
Disbarment of Attorneys (Rule 139-B) by
the Supreme Court Motu Propio ............. 52
E. Imposition of Penalties in the
Supreme Court ........................................ 52
III. Modifying Circumstances.................... 53
A. Mitigating Circumstances ............... 53
B. Aggravating Circumstances............ 53
C. Effect of Executive Pardon ............. 53
IV. Reinstatement ..................................... 53
Chapter IV. Code of Judicial Conduct ........ 55
I. Independence ..................................... 55
II. Integrity ............................................... 57
III. Impartiality........................................... 57
IV. Propriety.............................................. 59
V. Equality ............................................... 61
VI. Competence and Diligence................. 61
Chapter V. Discipline of Judges.................. 63
I. Liabilities of Judges............................. 63
II. Discipline of Members of the Bench ... 63
Annexes .......................................................... 65
Indigent Clients............................................ 65
A. A.M. No. 04-2-04-SC...................... 65
B. RA 6033.......................................... 65
C. RA 6034.......................................... 66
D. RA 6035.......................................... 66
E. PD 543............................................ 67
F. A.M. No. 08-11-7-SC (IRR) ............ 68
Special Law on Retired Justices and Judges
..................................................................... 73
Law on Obstruction of Justice ..................... 75
2004 Rules on Notarial Practice.................. 76
BAR MATTER NO. 850............................... 85
[October 02, 2001] ....................................... 85
BM No. 2012................................................ 91
Rule on Mandatory Legal Aid Service ......... 91
B.M. No. 1153.............................................. 94
Republic Act No. 9999................................. 95
Republic Act No. 6713................................. 97
Republic Act No. 3019................................. 97
A.M. No. 02-9-02-SC................................... 99
A. M. No. 00-8-10-SC.................................. 99
B.M. No. 2012............................................ 100
Rule 138-A................................................. 104
Presidential Decree No. 1829.................... 104
LEGAL FORMS
Table of Contents
Part I. Parts Common to Forms ..................108
A. Scilicet ...............................................108
B. Captions and Titles ...........................108
C. Prayer................................................109
D. Statements Under Oath ....................109
1. Acknowledgement and Jurat ........109
2. Verification ....................................111
3. Certification against Forum Shopping
......................................................112
4. Verified Statement of Material Dates
113
5. Specific Denial of Due Execution of
Actionable Documents..................114
E. Request for and Notice of Hearing....114
F. Proof of Service.................................115
1. Proof of Personal Service.............115
2. Proof of Service by Registered Mail
(with Explanation for failure to serve
personally) ....................................115
G. Place, Date, Signature, Address, Roll
Number, IBP Receipt Number, PTR
Number, etc.......................................116
H. Notice of Appeal ................................117
Part II. Pleadings in Civil Procedure .........118
A. Complaint ..........................................118
B. Answer ..............................................120
D. Pre-Trial Brief ....................................122
E. Motions..............................................124
E. Special Civil Actions..........................132
1. Certiorari.......................................132
2. Prohibition ....................................133
3. Mandamus....................................134
4. Interpleader ..................................135
5. Action to Quiet (or Remove Cloud on)
Title...............................................136
6. Action for Declaratory Relief ........137
7. Quo Warranto...............................138
Part III. Pleadings and Other Legal
Documents in Criminal Procedure.............139
A. Complaint-Affidavit and Counter-
Affidavit..............................................139
B. Information and Complaint ................142
C. Motions..............................................145
1. Motion to Quash Information........145
2. Motion to Quash Search Warrant 146
3. Motion to Suppress Evidence ......147
4. Motion for Bail ..............................148
D. Application for Bail ............................149
IV. Pleadings and Other Legal Documents
Common to Civil and Criminal Procedure. 150
A. Offer of Evidence and
Opposition/Comment to Offer ........... 150
B. Demurrer to Evidence....................... 152
C. Notice of Lis Pendens....................... 154
D. Appearance and Withdrawal as Counsel
...................................................... 154
E. Substitution of Counsel ..................... 156
Part V. Pleadings in Cases and Special
Proceedings.................................................. 157
A. Petition for Habeas Corpus............... 157
B. Petition for Adoption.......................... 158
C. Petition for Declaration of Nullity of
Marriage............................................ 158
D. Petition for Probate of Holographic Will ..
...................................................... 160
Part VI. Deeds, Contracts and Other Legal
Documents.................................................... 161
A. General Power of Attorney................ 161
B. Special Power of Attorney................. 162
C. Contract of Lease.............................. 163
D. Holographic and Notarial Will ........... 164
E. Donation Inter Vivos.......................... 166
F. Secretarys Certificate....................... 167
G. Board Resolutions............................. 167
H. Deed of Assignment.......................... 168
I. Deed of Sale ..................................... 168
J. Dacion En Pago................................ 173
K. Chattel Mortgage .............................. 174
Part VII. Appeals and Other Modes of
Review 175
A. Ordinary Appeals in Civil Cases ....... 175
B. Ordinary Appeals in Criminal Cases. 175
C. Petitions for Review.......................... 176
Part VIII. Forms Relevant to the Writs of
Amparo and Habeas Data ........................... 177
A. Amparo.............................................. 177
B. Writ of Habeas Data.......................... 180
Glossary of Uncommon Terms................... 183
LEGAL ETHICS AND FORMS REVIEWER Table of Contents
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LEGAL ETHICS
Table of Contents
Chapter I. Legal Profession.............................3
I. Supervision and Control ........................3
II. Practice of Law......................................3
III. Admission to Practice............................4
1. Citizenship.............................................5
2. Residence..............................................5
3. Age ........................................................5
4. Good Moral Character ...........................5
5. Legal Education.....................................5
6. Bar Examinations ..................................6
7. Lawyers Oath........................................7
IV. Qualifications for Practice .....................7
1. Law Students.........................................7
2. Agent .....................................................8
3. Self-representation ................................8
V. Prohibition from Practice.......................8
VI. Notarial Practice....................................9
Responsibility.................................................11
I. Legal Ethics.........................................11
II. Lawyers Duties to Society..................12
Canon 1...................................................12
Canon 2...................................................13
Canon 3...................................................16
Canon 4...................................................19
Canon 5...................................................19
Canon 6...................................................20
III. Lawyers Duties to the Legal Profession
22
Canon 7...................................................22
Canon 8...................................................23
Canon 9...................................................25
IV. Lawyers Duties to the Courts .............27
Canon 10.................................................27
Canon 11.................................................28
Canon 12.................................................29
Canon 13.................................................32
V. Lawyers Duties to the Client ..............33
Canon 14.................................................33
Canon 15.................................................34
Canon 16.................................................36
Canon 17.................................................38
Canon 18.................................................39
Canon 19.................................................40
Canon 20.................................................41
Canon 21.................................................43
Canon 22.................................................48
Chapter III. Discipline of Lawyers.................50
I. Liabilities of Lawyers...........................50
II. Power to Discipline Errant Lawyers ....50
A. Forms of Disciplinary Measures .....50
B. Suspension and Disbarment...........51
C. Procedure for Suspension or
Disbarment of Attorneys by the IBP........ 52
D. Procedure for Suspension or
Disbarment of Attorneys (Rule 139-B) by
the Supreme Court Motu Propio ............. 52
E. Imposition of Penalties in the
Supreme Court ........................................ 52
III. Modifying Circumstances.................... 53
A. Mitigating Circumstances ............... 53
B. Aggravating Circumstances............ 53
C. Effect of Executive Pardon ............. 53
IV. Reinstatement ..................................... 53
Chapter IV. Code of Judicial Conduct ........ 55
I. Independence ..................................... 55
II. Integrity ............................................... 57
III. Impartiality........................................... 57
IV. Propriety.............................................. 59
V. Equality ............................................... 61
VI. Competence and Diligence................. 61
Chapter V. Discipline of Judges.................. 63
I. Liabilities of Judges............................. 63
II. Discipline of Members of the Bench ... 63
Annexes .......................................................... 65
Indigent Clients............................................ 65
A. A.M. No. 04-2-04-SC...................... 65
B. RA 6033.......................................... 65
C. RA 6034.......................................... 66
D. RA 6035.......................................... 66
E. PD 543............................................ 67
F. A.M. No. 08-11-7-SC (IRR) ............ 68
Special Law on Retired Justices and Judges
..................................................................... 73
Law on Obstruction of Justice ..................... 75
2004 Rules on Notarial Practice.................. 76
BAR MATTER NO. 850............................... 85
[October 02, 2001] ....................................... 85
BM No. 2012................................................ 91
Rule on Mandatory Legal Aid Service ......... 91
B.M. No. 1153.............................................. 94
Republic Act No. 9999................................. 95
Republic Act No. 6713................................. 97
Republic Act No. 3019................................. 97
A.M. No. 02-9-02-SC................................... 99
A. M. No. 00-8-10-SC.................................. 99
B.M. No. 2012............................................ 100
Rule 138-A................................................. 104
Presidential 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 women
pursuing a learned art as a common calling in
the spirit of public service.
Organization
Learned art
Public service
I. Supervision and Control
Regulated by the Supreme Court (SC), not by
the Professional Regulatory Commission unlike
all other professions.
Statutory Basis
1987 Constitution Art. VIII, Sec. 5, Sub-sec. 5.
The SC has the power to promulgate rules
concerning pleading, practice, and procedure in
all courts, and the admission to the practice of
law.
SC has the inherent power to integrate the bar in
the exercise of the power to promulgate rules of
the judiciary, including admission to the practice
of law, and to the Integrated Bar. (In the matter
of the Integration of the Integrated Bar of the
Philippines, January 9, 1973)
BAR
Refers to the whole body of attorneys and
counselors, collectively, the members of the
legal profession
BENCH
Denotes the whole body of judge
II. Practice of Law
Definition: any activity, in or out of court, which
requires the application of law, legal procedure,
knowledge, training and experience. It is to give
notice or render any kind of service, which
device or service requires the use in any degree
of 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): There
are four factors which determine the practice of
law. (HACA)
1. Habituality customarily or frequently
holding ones self out to the public as a
lawyer
LEGAL ETHICS TEAM
Prof. Concepcion Jardeleza
Faculty Editor
Giselle Mauhay
Lead Writer
Aggie Dorotan
Raish Rojas
Althea Ojaminal
Kriska Chen
Alex Dela Cruz
Jian Boller
Ivan Palpagan
Gianna De Jesus
Gene Lopez
Venus Ambrona
Charles Icasiano
Mae Acha
Dino Regalario
Ray Velasco
Macri Reyes
Jopet Go
Cuayo Juico
Sam Sy
Ranx Roxas
Annie Almojuela
Diana Dy
Dimitri Roleda
Rai Aliman
Sharey Lucman
Writers
LEGAL ETHICS and FORMS
Francesse Joy Cordon
Subject Editor
ACADEMICS COMMITTEE
Kristine Bongcaron
Michelle Dy
Patrich Leccio
Editors-in-Chief
PRINTING & DISTRIBUTION
Kae Guerrero
DESIGN & LAYOUT
Pat Hernandez
Viktor Fontanilla
Romualdo Menzon Jr.
Rania Joya
LECTURES COMMITTEE
Michelle Arias
Camille Maranan
Angela Sandalo
Heads
Katz Manzano
Sam Nuez
Arianne Cerezo
Mary Rose Beley
Krizel Malabanan
Marcrese Banaag
Volunteers
MOCK BAR COMMITTEE
Lilibeth Perez
BAR CANDIDATES WELFARE
Dahlia Salamat
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head
Loraine Mendoza
Mary Mendoza
Faye Celso
Joie 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 services
are available to the public for compensation,
as a service of his livelihood or in
consideration of his said services
4. Attorney-client relationship hence for
Padilla, teaching law or writing law books
are not considered as practice of law.
Giving advice for compensation regarding the
legal status and rights of another and for ones
conduct with respect thereto constitutes practice
of law. (Ulep v. Legal Clinic, Bar Matter No. 553,
June 17, 1993)
Persons entitled to practice law are those who
are licensed as members of the Bar; or hereafter
maybe licensed as such in accordance with the
provisions of the Rules of Court and who are in
good and regular standing. (Rules of Court, Rule
13, Section 1)
III. Admission to Practice
The constitutional power to admit candidates to
the legal profession is a judicial function and
involves exercise of discretion (In re: Almacen,
31 SCRA 562, 1970)
The power of the Supreme Court to regulate the
practice 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 exercise
of police power it may enact laws regulating the
practice of law to protect the public. (In re
Cunanan)
The Bar Flunkers Act of 1953 (RA 972) was
declared partially unconstitutional because
encroached upon the powers granted by the
Constitution to the SC in determining the
admission of bar examinees to the bar by
usurping such power through a legislative act.
The [Act] is not a legislation; it is a
judgmentthe law passed by Congress on the
matter is of permissive character, merely to fix
the minimum conditions for the license. (In re
Cunanan, 94 Phil 534 (1954))
Sharia lawyers are not considered attorneys.
The SC has declared that persons who pass
the Sharia Bar are not full-fledged members
of the Philippines Bar hence may practice only
before Sharia courts. While one who has been
admitted to the Sharia Bar, and one who has
been admitted to the Philippine Bar, may both be
considered as counselors, in the sense that
they give counsel or advice in a professional
capacity, only the latter is an attorney. (Alawi v.
Alauya, A.M. SDC-97-2-P. February 24, 1997)
ATTORNEY
Officers of the courts, empowered to appear,
prosecute and defend, and upon whom peculiar
duties, responsibilities and liabilities are
developed by law as a consequence. (Cui v. Cui,
120 Phil. 729)
BARRISTER
In England, a person entitled to practice law as
an advocate or counsel in superior court.
SOLICITOR
In England, a person prosecuting or defending
suits 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 certify
documents, take affidavits, and administer
oaths. Under the 2004 Rules on Notarial
Practice, all notaries must be lawyers.
REQUIREMENTS FOR ADMISSION TO
PRACTICE (CRAGEBO)
Citizenship
Residence
Age (above 21 yrs)
Good Moral Character and no charges
involving moral turputide
Legal Education (pre-law, law proper)
Bar Examinations
Lawyers Oath
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1. Citizenship
Statutory Basis
1987 Constitution, Art. XII, Sec. 14. The practice
of all professions in the Philippines shall be
limited to Filipino citizens, save in cases
prescribed by law.
Rules of Court, Rule 138, Sec. 2. Every
applicant for admission as a member of the bar
must be a citizen of the Philippines
Rationale
Citizenship ensures allegiance to the republic
and its laws.
A Filipino citizen admitted to the Philippine Bar
must maintain such citizenship to remain
qualified for the practice of law in this country.
(In Re Arthur Castillo Reyes (1993))
2. Residence
Statutory Basis
must be be a resident of the Philippines
Rationale
Because his/her duties to his client and to the
court will require that he be readily accessible
and available
3. Age
Statutory Basis
must be at least twenty-one years of age
Rationale
Because maturity and discretion are required in
the practice of law
4. Good Moral Character
Statutory Basis
must be of good moral character and must
produce before the Supreme Court satisfactory
evidence of good moral character, and that no
charges against him, involving moral turpitude,
have been filed or are pending in any court in
the Philippines.
Good moral character is a continuing
qualification required of every member of the
Bar, it is not only a qualification precedent to the
practice of law. (Narag v. Narag, 291 SCRA 451,
June 29, 1998)
Definitions:
Absence of a proven conduct or act which has
been historically and traditionally considered as
a 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 a
criminal charge is not necessary to demonstrate
bad moral character although it may show moral
depravity. (Agpalo)
Qualities of truth-speaking, a high sense of
honor, full candor, intellectual honesty, and the
strictest observance of fiduciary responsibility.
(Frankfurter)
Good moral character includes at least common
honesty. Deception and other fraudulent acts are
not merely unacceptable practices that are
disgraceful and dishonorable, they reveal a
basic moral flaw. (Olbes v. Deciembre, 457
SCRA 341)
Question of moral turpitude is for SC to decide,
which is why applicants are required to disclose
any crime which they have been charged.
Concealment or withholding from the court
information about charges and indictments is a
ground for disqualification of applicant or for
revocation of license. (Agpalo)
SC may deny lawyers oath-taking based on a
conviction for reckless imprudence resulting in
homicide (hazing case). But after submission of
evidence and various certifications he may now
be regarded as complying with the requirements
of good moral characterhe 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 Basis
Rules of Court, Rule 138, Sec. 6. A bachelors
degree in arts or sciences with any of the
following subjects as major or field of
concentration: political science, logic, English,
Spanish, History and Economics.
A college degree must first be obtained before
studying law. Otherwise, one will not be qualified
to take the bar examinations. (In re Telesforo
Diao, 1963)
Law Proper
Statutory Basis
Rules of Court, Rule 138, Sec. 5 and 6. All
applicants for admissionshall, before being
admitted to the examination, satisfactorily show
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that they have regularly studied law for four
years, and successfully complete all prescribed
courses, in a law school or university, officially
approved and recognized by the Secretary of
Education.
Must have completed courses in:
Civil Law
Commercial Law
Remedial Law
Public International Law
Private International Law
Political Law
Labor and Social Legislation
Medical Jurisprudence
Taxation
Legal Ethics
Graduates of foreign law schools beginning
1994 shall not be allowed to take the bar
examinations since they cannot present the
certifications 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) At
least 15 days before the beginning of the
examination. Applicants must submit
affidavits of age, residence, citizenship, legal
education.
Notice (Sec. 8) Notice of applications for
admission shall be published by the clerk of
the Supreme Court in newspapers published
in Filipino, English and Spanish, for at least
10 days before the beginning of the
examination.
b. CONDUCT OF EXAM (Sec. 10) Questions
will be in English or Spanish, to be
answered in writing by examines. No oral
examinations. If penmanship is poor, SC
may allow upon verified application the use
of a noiseless typewriter.
Committee will take all precautions to
prevent the substitution of papers or
commission of other frauds. No papers,
books or notes allowed into the examination
rooms. 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 in
the city of Manila.
d. SUBJECTS (Sec. 9 & 11)
1st day
Political (Constitutional Law,
Public Corporations and Public
Officers) and International
Law(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 and
Evidence
Legal Ethics and Practical
Exercises (in Pleading and
Conveyancing) (afternoon)
Passing averagE (Sec. 14) A general
average of 75 % in all subjects, without
falling 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): One
member of the Supreme Court acts as
Chairman, plus eight members of the bar
who act as examiners who hold office for
one year. Beginning in 2009, there will be
two examiners per subject.
The Bar Confidant acts as a sort of liaison
officer between the court and the Bar
Chairman on the other hand, and the
individual members of the committee on the
other. He is at the same time a deputy clerk
of court.
The names of the members of this
committee shall be published in each
volume of the official reports.
f. RESULTS (Sec. 15) Committee must file
its report on the results not later than
February 15th after the examination, or as
soon thereafter as may be practicable.
g. FLUNKERS (Sec. 16) Retakers must
apply again. Candidates who have failed the
bar examinations for three times shall be
disqualified from taking another examination
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unless they show proof of reenrollment and
successful 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 review
subjects under this rule shall certify under
oath that the candidates have regularly
attended classes and passed the subjects
under the same conditions as ordinary
students and the ratings obtained by them in
the particular subject.
h. DISCIPLINE (Sec. 13)
No candidate shall endeavor to influence
any member of the committee. During
examination the candidates shall not
communicate with each other and shall not
give or receive any assistance.
Violators will be punished by
disqualification, counted as a failure.
Further disciplinary action, including
permanent disqualification, may be taken in
the discretion of the court.
i. BAR EXAM AS CIVIL SERVICE
ELIGIBILITY The law makes passing the
bar examination equivalent to a first grade
civil service eligibility for ay position in the
classified service in the government the
duties of which require knowledge of law, or
a second grade civil service eligibility for any
other government position which does not
prescribe proficiency in law as a
qualification.
First grade civil service eligibility for any
position
Second grade civil service eligibility for
position which does not prescribe
proficiency in law
7. Lawyers Oath
Statutory Basis
Rules of Court, Sec. 17. An applicant who has
passed the required examination, or has been
otherwise found to be entitled to admission to
the bar, shall take and subscribe before the
Supreme Court an oath of office. Form 28 of the
Judicial Standard Forms prescribes the following
oath to be taken by the applicant:
I, _____, do solemnly swear that I will
maintain allegiance to the Republic of the
Philippines.
I will support and defend its Constitution and
obey the laws as well as the legal orders of
the duly constituted authorities therein;
I will do no falsehood nor consent to the
doing of any in court;
I will not wittingly or willingly promote or sue
any groundless, false or unlawful suit nor
give aid nor consent to the same;
I will delay no man for money or malice, and
will conduct myself as a lawyer according to
the best of my knowledge and discretion with
all good fidelity as well to the court as to my
clients; and
I impose upon myself this obligation
voluntarily, without any mental reservation or
purpose of evasion.
So help me God.
The lawyers oath is not a mere ceremony or
formality for practicing law. Every lawyer should
at all times weigh his actions according to the
sworn promises he makes when taking the
lawyers oath. If all lawyers conducted
themselves strictly according to the lawyers
oath and the Code of Professional responsibility,
the administration of justice will undoubtedly
fairer, faster and easier for everyone concerned.
(In Re: Argosino, 270 SCRA 26 1997)
By taking the lawyers oath, a lawyer becomes
the guardian of truth and the rule of law and an
indispensable instrument in the fair and impartial
administration of justice. (Olbes v. Deciembre,
A.C. No. 5365 (April 2005)
IV. Qualifications for Practice
Statutory Basis
Rules of Court, Rule 138, Sec. 1. Any person
duly admitted as a member of the bar, or
hereafter admitted as such in accordance with
the provisions of this rule, and who is in good
and 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 Basis
Rules of Court, Rule 138-A or the Law Student
Practice Rule
Qualifications of Students who may Appear in
Court:
Third year standing
Enrolled in a recognized law schools legal
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education program approved by the Supreme
Court, without compensation in any civil, criminal
or administrative case before any trial court,
tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law
school
Under direct supervision and control of a
member of the IBP duly accredited by the law
school. Any and all pleadings, motions, briefs,
memoranda or other papers must be signed by
the supervising attorney for and in behalf of the
legal clinic.
Rule 138, Sec. 34. A law student may appear in
his personal capacity without the supervision of
a lawyer in inferior courts.
Direct Supervision and Control
Requires 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 accompanied
by a supervising lawyer.
2. Agent
Statutory Basis
Rules of Court, Rule 138, Sec. 34. In such
cases, no attorney-client relationship exists; not
habitual. An agent is usually appointed or a
friend chosen in a locality where a licensed
member of the bar is not available.
Civil a party in a civil suit may conduct his
litigation either personally or by attorney unless
the party is a juridical person.
Allowed in MTC, RTC, appellate court.
Criminal in a locality where a lawyer is
unavailable, a judge may appoint a non-lawyer
who is a resident of the province, and of good
repute for probity and ability to defend the
accused.
Allowed up to MTC-level only.
Administrative tribunals only if they
represent 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 to
appear for the government of the Philippines in
accordance with law
3. Self-representation
Statutory Basis
Rules of Court, Rule 138, Sec. 34. A person may
represent himself before any court. He is bound
by the same rules in conducting the trial of his
case. He cannot, after judgment, claim that he
was not properly represented.
Rule 115, Sec 1 (c) provides that an accused
may waive his right to counsel but if he cannot
protect his rights without the assistance of a
counsel, the Court should advise him to secure a
counsel de parte or appoint a counsel de officio
to represent him.
Counsel de officio
A counsel, appointed or assigned by the court,
from among members of the Bar in good
standing who, by reason of their experience and
ability, may adequately defend the accused.
Counsel de parte
A counsel employed or retained by the party, or
the accused
RIGHT TO COUNSEL: Absolute and immutable.
However, his option to secure the services of
counsel de parte is not absolute. The trial court
may restrict his option to retain a counsel de
parte if a) the accused insists on an attorney he
cannot afford b) chosen counsel is not a lawyer
or c) the attorney declines to represent the
accused for a valid reason, in which case the
trial court can appoint his counsel de oficio to
represent him.
In a democratic and civilized country where the
rights of a person are determined in accordance
with established rules, the employment of a
person acquainted with those rules becomes a
necessity both to the litigants and to the Court. A
party litigant needs the assistance of counsel in
all proceedings, administrative, civil or criminal.
(Agpalo)
V. Prohibition from Practice
RELATIVE PROHIBITION
1. Senators and members of the House of
Representatives (prohibition to appear) (Art
VI, 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 OSG
3. 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 the
Constitutional 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 prohibited
from engaging in the practice of their legal
profession
SPECIAL RESTRICTIONS
1. Retired judges (RA 910, Sec. 1, as
amended)
A retired justice or judge receiving a pension
from the government, cannot act as counsel
in any civil case in which the Government, or
any of its subdivision or agencies is the
adverse party or in a criminal case wherein
an officer or employee of the Government is
accused of an offense in relation to his
office.
REMEDIES AGAINST UNAUTHORIZED
PRACTICE
Petition for Injunction
Declaratory Relief
Contempt of Court
Disqualification and complaints for disbarment
Criminal complaint for estafa who falsely
represented to be an attorney to the damage
party
VI. Notarial Practice
NOTARY PUBLIC or a notary is any person
commissioned to perform official acts
acknowledgements;
oaths and affirmations;
jurats;
signature witnessing;
copy certifications; and
any other act authorizes in the rules
Purpose
To verify the personal appearance of affiant and
the genuineness of signature
To authenticate document and verify due
execution, making document admissible in
evidence without proof of authenticity.
Notarization is not an empty, meaningless,
routinary act. It is invested with substantive
public interest, such that only those who are
qualified or authorized may act as notaries
publicA notarial document is by law entitled to
full faith and credit upon its face. Courts,
administrative agencies and the public at
large must be able to rely upon the
acknowledgement executed by a notary
public. (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 work
or business
member of the Philippine Bar in good
standing, with clearances from the Bar
Confidant of the SC and the IBP
no conviction for any crime involving moral
turpitude
(Hence all notaries are lawyers but not all
lawyers are notaries.)
COMMISSION
A notarial commission is granted by an
executive judge after petition of the lawyer, and
is good for two years. Every petition undergoes
a hearing and approved after
petition is proven sufficient in form and
substance
petitioner proves allegations in petition
petitioner establishes to the satisfaction of
the court that he has read and understood
the Rules on Notarial Practice
AUTHORITY OF THE NOTARY
To certify signature and to sign in behalf of an
affiant.
A notary is authorized to certify the affixing of
a signature by thumb or other mark on an
instrument or document presented if:
the thumb or other mark is affixed in
presence of notary and two disinterested
witnesses
both witnesses affix their own mark
the affiant and witnesses personally present
ID with picture, oath of witnesses known to
the individuals, and residence certificates, if
not personally known
the notary writes: Thumb or other mark
affixed by ___ in the presence of ____ and
undersigned 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 sign
or make a mark
the signature of the notary is affixed in the
presence of two disinterested witnesses
both witnesses sign their own names
the affiant and witnesses personally present
ID with picture, oath of witnesses known to
the individuals, and residence certificates, if
not personally known
the notary writes: Signature affixed by
notary 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 any
document, upon request of affiant. Notarization
of document must be at the notary publics
regular place of work.
Exception:
1. Irregularity in place - if it is outside of his
territorial jurisdiction
Exceptions:
(1) in public offices, convention halls and
other places where oaths of office are
administered
(2) public function areas in hotels and
similar areas used for the signing of
instruments or documents requiring
notarization
(3) hospitals and other medical institutions
where a part to an instrument is
confined for treatment
(4) any place where a party to the
instrument requiring notarization is
under 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 is
provided in these rules
(3) if notary is a spouse, common-law
partner, 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 not
understand consequences of the act, per the
notarys judgment
If the signatory appears not to act of his own free
will, per the notarys judgment
NOTARIAL REGISTER
A chronological official notarial register of
notarial acts consisting of a permanently bound
book with numbered pages. There must only be
one 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 notarys regular place
of business
any other circumstance of significance
Official signature signed by hand, not by
facsimile stamp or printing device, and at the
time of the notarization
Official seal two-inch diameter seal with the
words Philippines, attorneys name at the
margin and the roll of attorneys number.
For vendors, the sale of the seal may only be
upon judicial authority, for a period of 4 years.
For buyers, a certified copy of the commission is
necessary for purchase. One seal per certificate.
The act of a lawyer notarizing a Special Power
of Attorney knowing that the person who
allegedly executed it is dead is a serious
breach of the sacred obligation imposed upon
him 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 the
performance of his duties if he fails to register
in his notarial register the affidavits-complaints
which were filed in an administrative case before
the 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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Responsibility
I. LEGAL ETHICS
DUTIES OF A LAWYER
II. LAWYERS DUTIES TO SOCIETY
A. CANON 1: Promote And Respect The Law
And Legal Process
B. CANON 2: Provide Efficient And Convenient
Legal Services
C. CANNON 3: Information On Legal Services
That Is True, Honest, Fair And Dignified
D. CANON 4: Support For Legal Reforms And
Administration Of Justice
E. CANON 5: Participate In Legal Education
F. CANON 6: Government Lawyers
III. LAWYERS DUTIES TO THE LEGAL
PROFESSION
A. CANON 7: Uphold Dignity And Integrity In
The Profession
B. CANON 8: Courtesy, Fairness, Candor
Towards Professional Colleagues
C. CANON 9: Unauthorized Practice Of Law
IV. LAWYERS DUTIES TO THE COURTS
A. CANON 10: Observe Candor, Fairness And
Good Faith
B. CANON 11: Respect Courts And Judicial
Officers
C. CANON 12: Assist In Speedy And Efficient
Administration Of Justice
D. CANON 13: Refrain From Act Giving
Appearance Of Influence
V. LAWYERS DUTIES TO THE CLIENT
A. CANON 14: Service To The Needy
B. CANON 15: Observe Candor, Fairness,
Loyalty
C. CANON 16: Hold In Trust Clients Moneys
And Properties
D. CANON 17: Trust And Confidence
E. CANON 18: Competence And Diligence
F. CANON 19: Representation With Zeal
G. CANON 20: Attorneys Fees
H. CANON 21: Preserve Clients Confidence
I. CANON 22: Withdrawal Of Services For
Good Cause Valid Ground For Refusal
I. Legal Ethics
Definition: Body of principles by which the
conduct of members of the legal profession is
controlled.
It is that branch of moral science which treats of
the duties which an attorney at law owes to his
clients, 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 the
Philippines and to support the Constitution
and obey the laws of the Philippines;
2) To observe and maintain the respect due to
the 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 believes
to be honestly debatable under the law;
4) To employ, for the purpose of maintaining
the causes confided to him, such means
only as are consistent with truth and honor,
and never seek to mislead the judge or any
judicial officer by an artifice or false
statement of fact or law;
5) To maintain inviolate the confidence, and at
every peril to himself, to preserve the
secrets of his client, and to accept no
compensation in connection with his client's
business except from him or with his
knowledge and approval;
6) To abstain from all offensive personality and
to advance no fact prejudicial to the honor or
reputation of a party or witness, unless
required by the justice of the cause with
which he is charged;
7) Not to encourage either the commencement
or the continuance of an action or
proceeding, or delay any man's cause, from
any corrupt motive or interest;
8) Never to reject, for any consideration
personal to himself, the cause of the
defenseless or oppressed;
9) In the defense of a person accused of crime,
by all fair and honorable means, regardless
of his personal opinion as to the guilt of the
accused, to present every defense that the
law permits, to the end that no person may
be deprived of life or liberty, but by due
process of law.
PUBLIC DUTY as attorneys are faithful
assistants of the court in search of a just solution
to disputes
A counsel de officio is expected to render
effective service and to exert his best efforts on
behalf of an indigent accused. He has a high
duty to the poor litigant as to a paying client. He
should have a bigger dose of social conscience
and a little less of self interest. (Agpalo)
PRIVATE DUTY as attorneys operate as a
trusted agent of his client
A private prosecutor may intervene in the
prosecution of a criminal action when the
offended party is entitled to indemnity and has
not waived expressly, reserved or instituted the
civil action for damages.
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In case of heavy work schedule of the public
prosecutors, the private prosecutor may be
authorized in writing by the Chief of the
Prosecution Office or the Regional State
Prosecution to prosecute the case subject to the
approval of the Court.
Once so authorized to prosecute the criminal
action, the private prosecutor shall continue to
prosecute the case up to the end of the trial
even in the absence of a public prosecutor,
unless the authority is revoked or otherwise
withdrawn. (Rule 110, Sec. 5, ROC, as amended
per 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 ready
to lend assistance in the study and
solution 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 clients interest
II. Lawyers Duties to Society
Canon 1
A lawyer shall uphold the constitution,
obey the laws of the land and promote
respect for law of and legal processes.
Rule 1.01 - A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
UNLAWFUL CONDUCT
An act or omission which is against the law.
Dishonesty involves lying or cheating. (Agpalo)
IMMORAL OR DECEITFUL CONDUCT
That which is willful, flagrant or shameless and which
shows a moral indifference to the opinion of the good
and respectable members of the community. (Aguirre)
MORAL TURPITUDE
Includes everything which is done contrary to justice,
honesty, modesty, or good morals. It involves an act
of baseness, vileness, or depravity in the private
duties which a man owed his fellowmen, or to society
in general, contrary to the accepted and customary
rule of right and duty between man and woman, or
conduct contrary to justice, honesty, modesty, or good
morals. (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 shows
indifference to the moral norms of society.
For such conduct to warrant disciplinary
action, the same must be grossly immoral, it
must be so corrupt and false as to constitute
a criminal act or so unprincipled as to be
reprehensible to a high degree. Respondent's
act belies the alleged moral indifference and
proves that she has no intention of flaunting the
law and the high moral standards of the legal
profession. (Ui v. Bonifacio, 333 SCRA 38)
Mere intimacy between a man and a woman,
both of whom possess no impediment to
marry, voluntarily carried and devoid of
deceit on the part of the respondent is
neither so corrupt nor so unprincipled as to
warrant the imposition of disciplinary sanction,
even if a child was born out of wedlock of such
relationship. It may suggest a doubtful moral
character but not grossly immoral. (Figueroa
v. Barranco, 276 SCRA 445 (1997))
Reconciliation between Delizo-Cordova and
Cordova, assuming the same to be real, does
not excuse or wipe away the misconduct and
immoral behavior carried out in public. The
requirement of good moral character persists as
a continuing condition for membership in the
Bar in good standing. (Cordova v. Cordova, 179
SCRA 680 (1989))
While sexual relations between two unmarried
adults is not sufficient to warrant disbarment, it is
not with respect to betrayals to the marital vow.
Respondents wanton disregard for the
sanctity of marriage is shown when he
pursued a married woman and thereafter
cohabited with her. (Guevarra v. Eala, 529
SCRA 1 (2007))
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When lawyers are convicted of frustrated
homicide, the attending circumstances, not
the mere fact of their conviction would
demonstrate their fitness to remain in the legal
profession. (Soriano v. Dizon, A.C. No. 6792,
January 25, 2006)
The record discloses that the Court of First
Instance acquitted respondent Suller for failure
of the prosecution to prove his guilt beyond
reasonable doubt. Such acquittal, however, is
not determinative of this administrative case
... The rape of his neighbor's wife constituted
serious moral depravity even if his guilt was
not proved beyond reasonable doubt in the
criminal prosecution for rape. He is not worthy
to remain a member of the bar. The privilege to
practice law is bestowed upon individuals who
are competent intellectually, academically and,
equally important, morally. Good moral
character is not only a condition precedent to
admission to the legal profession, but it must
also be possessed at all times in order to
maintain one's good standing in that exclusive
and honored fraternity. (Calub v. Suller, A.C.
No. 1474, January 28, 2000 and quoting Docena
vs. Limon, 295 SCRA 262)
Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
lessening confidence in the legal system.
The SC does not claim infallibility, it will not
denounce criticism made by anyone against
the Court for, if well founded can truly have
constructive effects in the task of the Court, but
will not countenance any wrong doing nor allow
erosion of the people's faith in the judicial
system. (Estrada v. Sandiganbayan, 416 SCRA
465)
The promotion of organizations, with knowledge
of their objectives, for the purpose of violating or
evading the laws constitutes such misconduct in
his office. (In re Terrell, 2 Phil 266 (1903))
Rule 1.03 - A lawyer shall not, for any corrupt
motive 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 legal
business by laymen employed by an attorney for the
purpose or by the attorney himself.
Supports perjury, the defrauding of innocent persons
by judgments, upon manufactured causes of actions
and the defrauding of injured persons having proper
causes of action but ignorant of legal rights and court
procedure.
A lawyer may be disciplined in his professional
and private capacity. The filing of multiple
complaints reflects on his fitness to be a
member of the legal profession. His conduct of
vindictiveness a decidedly undesirable trait
especially when one resorts to using the court
not to secure justice but merely to exact revenge
warrants his dismissal from the judiciary.
(Saburnido v. Madrono, 366 SCRA 1 (2001))
Rule 1.04 - A lawyer shall encourage his clients
to avoid, end or settle a controversy if it will
admit of a fair settlement.
The function of a lawyer is not only to
conduct litigation but to avoid it where
possible, by advising settlement or
withholding suit. He must act as mediator for
compromise rather than an instigator and
conflict. What sometimes beclouds a
lawyers judgment as to what is best for his
client is his eye on the attorneys fees which
are often considerably less when the cause
is amicably settled. The problem of conflict
of interests must be resolved against self-
interest. (Agpalo)
A lawyer should be sanctioned for the misuse of
legal remedies and prostituting the judicial
process to thwart the satisfaction of a judgment
to the prejudice of others. The lawyer abetted his
client in using the courts to subvert the very
ends of justice by instigating controversy and
conflict although the client's cause is without
merit. It is every duty of a counsel to advise his
client on the merit of his case. A lawyer must
resist the whims and caprices of his clients, and
temper his clients propensity to litigate.
(Castaneda v. Ago, 65 SCRA 505 (1975))
Canon 2
A lawyer shall make his legal services
available in an efficient and convenient
manner compatible with the
independence, integrity and
effectiveness 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. It
is a means for the correction of social
imbalance that may and often do lead to
injustice, for which reason it is a public
responsibility of the Bar. The spirit of public
service should, therefore, underlie all legal aid
offices. The same should be administered to
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indigent and deserving members of the
community on all cases, matters and situations
in which legal aid may be necessary to forestall
an injustice. (IBP Handbook, Guidelines
Governing the Establishment and Operation of
the Legal Aid Office, Art. 1, Sec. 1)
Valid grounds for refusal (Rule 14.03):
1) He is in no position to carry out the work
effectively or competently
2) He labours under a conflict of interest
between him and the prospective client or
between a present client and the
prospective client
RULES OF COURT, RULE 138, SEC. 31:
Attorneys for destitute litigants A court
may assign an attorney to render professional
aid free of charge to any party in a case, if upon
investigation it appears that the party is destitute
and unable to employ an attorney, and that the
services of counsel are necessary to secure the
ends of justice and to protect the rights of the
party. It shall be the duty of the attorney so
assigned to render the required service, unless
he is excused therefrom by the court for
sufficient cause shown.
The legal profession is a burdened privilege not
many are qualified to undertake. Ledesma owes
fidelity to the duty required of the legal
profession. Because there is no
incompatibility between the defense of his
client and him being an election registrar, he
should not decline his appointment as counsel
de oficio. The ends of justice will be well served
by requiring counsel to continue as counsel de
oficio. (Ledesma v. Climaco, 57 SCRA 473
(1974))
BAR MATTER NO. 2012 (2009)
Proposed Rule on Mandatory Legal Aid
Service for Practicing Lawyers
Purpose. - to enhance the duty of lawyers to
society as agents of social change and to the
courts as officers thereof by helping improve
access to justice by the less privileged members
of society and expedite the resolution of cases
involving them; To aid the efficient and effective
administration of justice especially in cases
involving indigent and pauper litigants.
Scope. - This Rule shall govern the mandatory
requirement for practicing lawyers to render free
legal aid services in all cases (whether, civil,
criminal or administrative) involving indigent and
pauper litigants where the assistance of a lawyer
is needed. It shall also govern the duty of other
members of the legal profession to support the
legal aid program of the Integrated Bar of the
Philippines.
(a) Practicing lawyers are members of the
Philippine Bar who appear for and in behalf
of parties in courts of law and quasi-judicial
agencies, including but not limited to the
National Labor Relations Commission,
National Conciliation and Mediation Board,
Department of Labor and Employment
Regional Offices, Department of Agrarian
Reform Adjudication Board and National
Commission for Indigenous Peoples. The
term "practicing lawyers" shall exclude:
(i) Government employees and incumbent
elective officials not allowed by law to
practice;
(ii) Lawyers who by law are not allowed to
appear in court;
(iii) Supervising lawyers of students enrolled
in law student practice in duly accredited
legal clinics of law schools and lawyers
of non-governmental organizations
(NGOs) and peoples organizations
(POs) like the Free Legal Assistance
Group who by the nature of their work
already render free legal aid to indigent
and pauper litigants and
(iv) Lawyers not covered under
subparagraphs (i) to (iii) including those
who are employed in the private sector
but do not appear for and in behalf of
parties in courts of law and quasi-judicial
agencies.
(b) Indigent and pauper litigants are those
defined under Rule 141, Section 19 of the
Rules of Court and Algura v. The Local
Government Unit of the City of Naga (G.R.
No.150135, 30 October 2006, 506 SCRA
81);
Sec. 19. Indigent litigants exempt from
payment of legal fees. INDIGENT LITIGANTS
(A) WHOSE GROSS INCOME AND THAT OF
THEIR IMMEDIATE FAMILY DO NOT EXCEED
AN AMOUNT DOUBLE THE MONTHLY
MINIMUM WAGE OF AN EMPLOYEE AND
(B) WHO DO NOT OWN REAL PROPERTY
WITH A FAIR MARKET VALUE AS STATED IN
THE CURRENT TAX DECLARATION OF
MORE THAN THREE HUNDRED THOUSAND
(P300,000.00) PESOS SHALL BE EXEMPT
FROM PAYMENT OF LEGAL FEES.
The legal fees shall be a lien on any judgment
rendered in the case favorable to the indigent
litigant unless the court otherwise provides.
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To be entitled to the exemption herein
provided, the litigant shall execute an
affidavit that he and his immediate family do
not earn a gross income abovementioned,
and they do not own any real property with
the fair value aforementioned, supported by
an affidavit of a disinterested person
attesting to the truth of the litigant's affidavit.
The current tax declaration, if any, shall be
attached to the litigant's affidavit.
Any falsity in the affidavit of litigant or
disinterested person shall be sufficient cause to
dismiss the complaint or action or to strike out
the pleading of that party, without prejudice to
whatever criminal liability may have been
incurred.
ALGURA V. THE LOCAL GOVERNMENT UNIT
OF THE CITY OF NAGA G.R. NO. 150135
(2006)
the two (2) rules can stand together and are
compatible with each other. When an application
to litigate as an indigent litigant is filed, the court
shall scrutinize the affidavits and supporting
documents submitted by the applicant to
determine if the applicant complies with the
income and property standards prescribed in the
present Section 19 of Rule 141If the trial court
finds that the applicant meets the income and
property requirements, the authority to litigate as
indigent litigant is automatically granted and the
grant is a matter of right.
However, if the trial court finds that one or both
requirements have not been met, then it would
set a hearing to enable the applicant to prove
that the applicant has "no money or property
sufficient and available for food, shelter and
basic necessities for himself and his family." In
that hearing, the adverse party may adduce
countervailing evidence to disprove the evidence
presented by the applicant; after which the trial
court will rule on the application depending on
the evidence adduced. In addition, Section 21 of
Rule 3 also provides that the adverse party may
later still contest the grant of such authority at
any time before judgment is rendered by the trial
court, possibly based on newly discovered
evidence not obtained at the time the application
was heard. If the court determines after hearing,
that the party declared as an indigent is in fact a
person with sufficient income or property, the
proper docket and other lawful fees shall be
assessed and collected by the clerk of court. If
payment is not made within the time fixed by the
court, execution shall issue or the payment of
prescribed fees shall be made, without prejudice
to such other sanctions as the court may
impose.
RULE 3 SEC. 21. Indigent party.A party may
be authorized to litigate his action, claim or
defense as an indigent if the court, upon an ex
parte application and hearing, is satisfied that
the party is one who has no money or property
sufficient and available for food, shelter and
basic necessities for himself and his family.
Such authority shall include an exemption from
payment of docket and other lawful fees, and of
transcripts of stenographic notes which the court
may order to be furnished him. The amount of
the docket and other lawful fees which the
indigent was exempted from paying shall be a
lien on any judgment rendered in the case
favorable to the indigent, unless the court
otherwise provides.
Any adverse party may contest the grant of such
authority at any time before judgment is
rendered by the trial court. If the court should
determine after hearing that the party declared
as an indigent is in fact a person with sufficient
income or property, the proper docket and other
lawful fees shall be assessed and collected by
the clerk of court. If the payment is not made
within the time fixed by the court, execution shall
issue or the payment thereof, without prejudice
to such other sanctions as the court may
impose. (22a).
Requirements. - Every practicing lawyer is
required to render a minimum of sixty (60) hours
of free legal aid services to indigent litigants in a
year. Said 60 hours shall be spread within a
period of twelve (12) months, with a minimum of
five (5) hours of free legal aid services each
month. He shall coordinate with the Clerk of
Court for cases where he may render free legal
aid service and shall be required to secure and
obtain a certificate from the Clerk of Court
attesting to the number of hours spent rendering
free legal aid services in a case.
National Committee on Legal Aid (NCLA) -
(a) coordinates with the various legal aid
committees of the IBP local chapters for the
proper handling and accounting of legal aid
cases which practicing lawyers can
represent.
(b) monitors the activities of the Chapter of the
Legal Aid Office with respect to the
coordination with Clerks of Court on legal
aid cases and the collation of certificates
submitted by practicing lawyers.
(c) acts as the national repository of records in
compliance with this Rule.
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(d) Prepares the following forms: certificate to
be issued by the Clerk of Court and forms
mentioned in Section 5(e) and (g).
(e) holds in trust, manages and utilizes the
contributions and penalties that will be paid
by lawyers pursuant to this Rule to
effectively carry out the provisions of this
Rule. For this purpose, it shall annually
submit an accounting to the IBP Board of
Governors.
Penalties. A practicing lawyer shall be
required to explain why he was unable to render
the minimum prescribed number of hours. If no
explanation has been given or if the NCLA finds
the explanation unsatisfactory, the NCLA shall
make a report and recommendation to the IBP
Board of Governors that the erring lawyer be
declared a member of the IBP who is not in good
standing. Upon approval of the NCLAs
recommendation, the IBP Board of Governors
shall declare the erring lawyer as a member not
in good standing. Notice thereof shall be
furnished the erring lawyer and the IBP Chapter
which submitted the lawyers compliance report
or the IBP Chapter where the lawyer is
registered, in case he did not submit a
compliance report. The notice to the lawyer shall
include a directive to pay Four Thousand Pesos
(P4,000) penalty which shall accrue to the
special fund for the legal aid program of the IBP.
Any lawyer who fails to comply with his duties
under this Rule for at least three (3) consecutive
years shall be the subject of disciplinary
proceedings to be instituted motu proprio by the
CBD.
Rule 2.02 - In such cases, even if the lawyer
does not accept a case, he shall not refuse to
render legal advice to the person concerned if
only to the extent necessary to safeguard the
latter's rights.
Advice may be on what preliminary steps to take
until 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 that
there involves a conflict of interest between him
and a prospective client or between a present
client and a prospective client. (Agpalo)
Rule 2.03 - A lawyer shall not do or permit to be
done any act designed primarily to solicit legal
business.
The legal practice is not a business. Unlike a
businessman, the lawyer has:
1) Relation to the administration of justice
involving sincerity, integrity and reliability as
an 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 and
unwillingness to resort to business methods
of advertising and encroachment on their
practice, or dealing directly with their clients.
(Agpalo)
In relation to Rule 3.01, solicitation of any kind is
prohibited; but some forms of advertisement
may be allowed.
MALPRACTICE
The practice of soliciting cases at law for the
purpose of gain, either personally or through
paid 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 the
circumstances 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 offers
lower rates. The rule does not prohibit a lawyer
from charging a reduced fee or none at all to an
indigent or to a person who would have difficulty
paying the fee usually charged for such services.
(Agpalo)
Canon 3
A lawyer in making known his legal
services shall use only true, honest, fair,
dignified and objective information or
statement of facts.
Rule 3.01 - A lawyer shall not use or permit the
use 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 false
statement regarding his qualification or
service
THE MOST WORTHY AND EFFECTIVE
ADVERTISEMENT possible is the establishment
of a well-merited reputation for professional
capacity and fidelity to trust. This cannot be
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forced, but must be the outcome of character
and conduct.
Allowable advertisement (The Exceptions to
Rule 3.01):
o an ordinary professional card
o publication in reputable law list with brief
biographical and other informative data
which may include:
1. name
2. associates
3. address
4. phone numbers
5. branches of law practiced
6. birthday
7. day admitted to the bar
8. schools and dates attended
9. degrees and distinctions
10. public or quasi-public offices
11. posts of honor
12. legal authorships
13. teaching positions
14. associations
15. legal fraternities and societies
16. references and regularly represented
clients must be published for that
purpose
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 a
branch of law), may publish a brief and
dignified announcement to lawyers (law list,
law journal)
o if in media, those acts incidental to his
practice and not of his own initiative
o write articles for publication giving
information upon the law (and not individual
rights or advising through column/ TV.
broadcast, lest such be considered indirect
advertising)
o activity of an association for the purpose of
legal representation
If entering into other businesses which are not
inconsistent with lawyers duties it is advisable
that they be entirely separate and apart such
that a layman could distinguish between the two
functions.
Prohibited advertisement (Sec. 27, Canon of
Professional Ethics):
o Through touters of any kind whether allied
real estate firms or trust companies
advertising to secure the drawing of deeds
or wills
o Offering retainers in exchange for
executorships or trusteeships to be
influenced by the lawyer
o Furnishing or inspiring newspaper
comments concerning the manner of their
conduct, the magnitude of the interests
involved, the importance of lawyers
position, and all other like self-laudation
A lawyer may not properly publish his brief
biographical and informative data in a daily
paper, magazine, trade journal or society
program in order to solicit legal business.
Likewise, it is improper to advertise himself a
specialist for marriage annulments as it goes
against the Constitutions mandate, to value the
sanctity of marriage. (Khan v. Simbillo, 409
SCRA 299 (2003))
It is highly unethical for an attorney to advertise
his talents or skill as a merchant advertises his
wares. The law is a profession not a business.
Solicitation of cases by himself or through others
is unprofessional and lowers the standards of
the legal profession. (In re Tagorda, 53 Phil 37
(1929))
The lawyer degrades himself and his profession
who 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 may
advertise in reputable law lists, in a manner
consistent with the standards of conduct
imposed by the canons. Likewise in the use of a
name, false and misleading names are
prohibited. (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 be
used. The continued use of the name of a
deceased partner is permissible provided that
the firm indicates in all its communications that
said partner is deceased.
Summary: A lawyer shall not use false or
misleading firm name.
GENERAL RULE 1: All partners in firm name
must be alive.
EXCEPTION: When removal of the deceased
partners name disturbs the client goodwill built
through the years.
The continued use of the name of a
deceased partner is permissible provided
that the firm indicates in all its
communications that said partner is
deceased. (Agpalo)
Death of a partner does not extinguish the
client-lawyer relationship with the law firm.
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(B.R. Sebastian Enterprises Inc. vs. Court of
Appeals, 206 SCRA 28)
GENERAL RULE 2: Filipino lawyers cannot
practice law under the name of a foreign law
firm.
Firms may not use misleading names showing
association with other firms to purport legal
services of highest quality and ties with
multinational business enterprise especially
when such firm attached as an associate
cannot legally practice law in the Philippines.
(Dacanay v. Baker and McKenzie, 136 SCRA
349 (1985))
Rule 3.03 - Where a partner accepts public
office, he shall withdraw from the firm and his
name shall be dropped from the firm name
unless the law allows him to practice law
currently.
Summary: A law partner who accepts a
public office should withdraw from the firm
Where a partner accepts public office, he
shall withdraw from the firm and his name
shall be dropped from the firm name unless
the law allows him to practice law
concurrently.
The purpose of the rule is to prevent the law
firm from using his name to attract legal
business and to avoid suspicion of undue
influence. (Agpalo)
A civil service officer or employee whose
duty or responsibility does not require his
entire time to be at the disposal of the
Government may not engage in the private
practice of law without the written permit
from the head of the department concerned.
(Agpalo)
Related statutory basis: RA 7160 or the Local
Government Code, Section 90. Governors, city
and municipal mayors are prohibited from
practice of profession.
EXCEPTION: Sanggunian members are allowed
to practice concurrently subject to certain
restrictions.
1987 Constitution
Art. VI, Sec. 14. No Senator or member of the
House of Representative may personally appear
before any court of justice or before the Electoral
Tribunal, or quasi-judicial and other
administrative bodies.
Art. VII, Sec. 13. The President, Vice-President,
the members of the cabinet and assistants shall
not, unless otherwise provided in this
Constitution, hold any other office or
employment during their tenure. They shall
not, during said tenure, directly or indirectly
practice any profession.
Art. IX, Sec. 2. No member of a Constitutional
Commission shall, during his tenure, hold any
other office or employment. Neither shall he
engage in the practice of any profession.
A lawyer member of the Legislature is not
absolutely prohibited from engaging in the
practice of his profession. He is only
prohibited from appearing as counsel before
any court of justice.
What is prohibited is the appearance which
includes: arguing a case before any such
body and filing a pleading on behalf of a
client.
Neither can his name be allowed to appear
in such pleadings by itself or as part of a
firm name under the signature of another
qualified lawyer because the signature of an
agent amounts to a signing by non-qualified
Senator or Congressman.
His name should be dropped from the
firm name, of which he is a name partner,
whenever the firm files a pleading on
behalf of a client.
It is unlawful for a public official or employee
to, among others: "engage in the private
practice of their profession, unless authorized
by the Constitution or law, provided that such
practice will not conflict or tend to conflict with
official functions." (Samonte v. Gatdula, 303
SCRA 756 (1999))
If the unauthorized practice on the part of a
person who assumes to be an attorney
causes damage to a party, the former may
be held liable for estafa.
Rule 3.04 - A lawyer shall not pay or give
anything of value to representatives of the mass
media in anticipation of, or in return for, publicity
to attract legal business.
Summary: A lawyer shall not seek media
publicity.
This rule prohibits from making indirectly
publicity gimmick, such as furnishing or
inspiring newspaper comments, procuring
his photograph to be published in
connection with cases which he is handling,
making a courtroom scene to attract the
attention of newspapermen, or arranging for
the purpose an interview with him by media
people. (Agpalo)
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It is bad enough to have such undue publicity
when a criminal case is being investigated, but
when publicity and sensationalism is allowed,
even encouraged, when the case is on appeal
and is pending consideration by the SC, it is
inexcusable and abhorrent. (Cruz v. Salva, 105
Phil 1151 (1959))
Canon 4
A lawyer shall participate in the
development of the Legal System by
initiating or supporting efforts in law
reform and in the improvement of the
administration of justice.
NOT a strict duty, but a duty nevertheless. A
lawyer must NOT be confined by technical
legal questions but instead grow in
knowledge and competence to make the law
socially responsive.
A lawyer may with propriety write articles for
publications in which he gives information
upon the law; but he should not accept
employment from such publications to advise
inquiries in respect to their individual rights.
EXAMPLES:
1. Present position papers or resolutions for
the introduction of pertinent bills in
Congress;
2. Submit petitions to the Supreme Court for
the amendment of the Rules of Court.
3. The Misamis Oriental Chapter of the IBP
promulgating a resolution wherein it
requested the IBPs National Committee on
Legal Aid (NCLA) to ask for the exemption
from the payment of filing, docket and other
fees of clients of the legal aid offices in the
various IBP chapters (Re: Request Of
National Committee On Legal Aid To
Exempt Legal Aid Clients From Paying
Filing, Docket And Other Fees, August
28, 2009)
SC Resolution: Commended the MOC
of the IBP and GRANTED the
exemption
"We laud the Misamis Oriental Chapter
of the IBP for its effort to help improve
the administration of justice, particularly,
the access to justice by the poor. Its
Resolution No. 24, series of 2008 in fact
echoes one of the noteworthy
recommendations during the Forum on
Increasing Access to Justice
spearheaded by the Court last year. In
promulgating Resolution No. 24, the
Misamis Oriental Chapter of the IBP has
effectively performed its duty to
"participate in the development of the
legal system by initiating or supporting
efforts in law reform and in the
administration of justice."
Canon 5
A lawyer shall keep abreast of legal
developments, participate in continuing
legal education programs, support
efforts to achieve high standards in law
schools as well as in the practical
training of law students and assist in
disseminating the law and jurisprudence.
OBLIGATIONS
1) To self for continued improvement of
knowledge
2) To his profession for maintenance of high
standards of legal education
3) To the public for social consciousness
BAR MATTER NO. 850 (2000)
Purpose: To ensure that lawyers throughout
their career keep abreast with law and
jurisprudence, maintain the ethics of the
profession and enhance the standards of the
practice of law
Requirement: Every three years at least 36
hours of legal education activities.
Legal ethics 6 hrs
Trial and pre-trial skills 4 hrs
Alternative dispute resolution 5 hrs
Updates on substantive procedural
laws and jurisprudence
9 hrs
Writing and oral advocacy 4 hrs
International law and international
conventions
2 hrs
Other subjects as may be prescribed
by the Committee on MCLE
6 hrs
Exemptions:
1. President, vice-president, cabinet members
2. Members of Congress
3. Chief Justice and incumbent and retired
members of the judiciary
4. Chief state counsel, prosecutor and
assistant secretaries of the Department of
Justice
5. Solicitor General and assistants
6. Government Corporate Counsel, his
deputies and assistants
7. Chairman and members of Constitutional
Commissions
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8. Ombudsman and his deputies
9. Heads of government agencies exercising
quasi-judicial functions
10. Incumbent deans, bar reviewers and
professors of law who have 10 year teaching
experience
11. Officers and lecturers of the Philippine
Judicial 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 the
IBP
Canon 6
These canons shall apply to lawyers in
government services in the discharge of
their tasks.
A member of the Bar who assumes public
office does not shed his professional
obligation. The Code was not meant to govern
the conduct of private petitioners alone, but of all
lawyers including those in government service.
Lawyers in government are public servants who
owe the utmost fidelity to the public service.
Thus they have to be more sensitive in the
performance of their professional
obligations. A lawyer in public service is a
keeper of public faith and is burdened with a
high degree of social responsibility, perhaps
higher 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 observe
the following as standards of personal conduct in
the discharge and execution of official duties:
1. Commitment to public interest- uphold the
public interest over and above personal
interest.
2. Professionalism- perform and discharge
their duties with the highest degree of
excellence, professionalism, intelligence and
skill
3. Justness and sincerity- not discriminate
against anyone, especially the poor and the
underprivileged
4. Political neutrality- provide service to
everyone without unfair discrimination and
regardless of party affiliation or preference
5. Responsiveness to the public- extend
prompt, courteous, and adequate service to
the public
6. Nationalism and patriotism- be loyal to the
Republic and to the Filipino people, promote
the use of locally produced goods,
resources and technology and encourage
appreciation and pride of country and
people.
7. Commitment to democracy- commit
themselves to the democratic way of life and
values, maintain the principle of public
accountability, and manifest by deeds the
supremacy of civilian authority over the
military.
8. Simple living- lead modest lives
appropriate to their positions and income
Rule 6.01 - The primary duty of a lawyer
engaged in public prosecution is not to convict
but to see that justice is done. The suppression
of facts or the concealment of witnesses capable
of establishing the innocence of the accused is
highly reprehensible and is cause for disciplinary
action.
It is upon the discretion of the prosecutor to
decide what charge to file upon proper
appreciation of facts and evidences. Fiscals are
not precluded from exercising their sound
discretion in investigation. His primary duty is
not to convict but to see that justice is
served. (People v. Pineda, 20 SCRA 748
(1967))
Rule 6.02 - A lawyer in government service shall
not use his public position to promote or
advance his private interests, nor allow the latter
to interfere with his public duties.
Just as the Code of Conduct and Ethical
Standards for Public Officials requires public
officials and employees to process documents
and papers expeditiously (Sec. 5, subpars. [c]
and [d] and prohibits them from directly or
indirectly having a financial or material interest in
any transaction requiring the approval of their
office, and likewise bars them from soliciting gifts
or anything of monetary value in the course of
any transaction which may be affected by the
functions of their office (Collantes vs Romeren
200 SCRA 584 (1991))
We begin with the veritable fact that lawyers in
government service in the discharge of their
official task have more restrictions than lawyers
in private practice. Want of moral integrity is to
be more severely condemned in a lawyer who
holds a responsible public office
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It bears stressing also that government lawyers
who are public servants owe fidelity to the public
service, a public trust. As such, government
lawyers should be more sensitive to their
professional obligations as their disreputable
conduct is more likely to be magnified in the
public eye. (Huyssen vs Gutierrez 485 SCRA
244 (2006))
Respondent in his future actuations as a
member of the bar, should refrain from laying
himself open to such doubts and misgivings as
to his fitness for the position he occupies but
also for membership in the bar. Fitness as to
the membership to the legal profession
includes keeping his honor unsullied.
(Misamin v. San Juan, 72 SCRA 491 (1976))
Rule 6.03 - A lawyer shall not, after leaving
government service, accept engagement or
employment in connection with any matter in
which he had intervened while in said service.
How a Government Lawyer Leaves Government
Service:
retirement
resignation
expiration of the term of office
dismissal
abandonment
GENERAL RULE: Practice of profession allowed
immediately after leaving public service
EXCEPTIONS: If lawyer had connection with
any matter during his term, subject to
a) One year prohibition if he had not intervened
b) Permanent prohibition if he had intervened
One Year Prohibition
Statutory Basis
RA 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 private
enterprise which has pending official
business with him during the pendency
thereof or within one year after its
termination.
RA 6713 or the Code of Conduct and Ethical
Standards for Public Officials and Employees.
Sec. 7(b) - Outside employment and other
activities. Public officials and employees during
their 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 the
Constitution or law, provided that such
practice will not conflict or tend to conflict
with their official functions;
o Recommend any person to any position in a
private enterprise which has a regular or
pending official transaction with their office.
These prohibitions shall continue to apply for a
period of one year after resignation, retirement
or separation from public office, except in case
of subparagraph (2) above, but the professional
concerned cannot practice his profession in
connection with any matter before the office he
used to be with, in which case the one year
prohibition shall likewise apply.
Relative Prohibition
On retired judges and justices
Statutory Basis
RA 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 said
pension shall appear as counsel in any court in
any civil case where
o the government or any of its subdivisions or
instrumentalities is an adverse party
o 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 to
maintain an interest adverse to the
government
Permanent Prohibitions
On any government employee
No government employee, official, or officer may
accept engagement or employment in
connection with matter he had intervened in.
Intervention includes any act of a person which
has the power to influence the subject
proceedings. (Agpalo)
The matter contemplated in this rule are those
that are adverse-interest conflicts (substantial
relatedness and adversity between the
government matter and the new client matter in
interest) and congruent-interest
representation conflicts, while the
intervention should be significant and
substantial which can or have affected the
interest of others. (PCGG v. Sandiganbayan,
455 SCRA 526 (2005))
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On members of the legislature
1987 Constitution, Art. VI, Sec. 13. No member
of legislature may accept an appointment in an
office which he created or increased
emoluments thereof.
III. Lawyers Duties to the Legal
Profession
Canon 7
A Lawyer shall at all times uphold the
integrity and DIgnity of the legal
profession and support the activities of
the integrated bar.
In connection to Canon 7, the purposes of the
Integrated Bar of the Philippines are:
(1) to assist in the administration of justice by
being available and prepared to render legal
services;
(2) to elevate the standards of the legal
profession through the Mandatory
Continuing Legal Education (MCLE)
program and;
(3) to enable the Bar to discharge its public
responsibility more effectively by rendering
public service and assistance in the
administration of justice. Consequently, the
Bar is also reminded of its only duty to the
IBP: the regular payment of membership
dues.
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 with
his application for admission to the bar.
A lawyer must be a disciple of truth. He swore
upon his admission to the Bar that he will do no
falsehood nor consent to the doing of any in
court and he shall conduct himself as a lawyer
according to the best of his knowledge and
discretion with all good fidelity as well to the
courts as to his clients. He should bear in mind
that as an officer of the court his high vocation is
to correctly inform the court upon the law and
the facts of the case and to aid it in doing justice
and arriving at correct conclusion. The courts, on
the other hand, are entitled to expect only
complete honesty from lawyers appearing and
pleading before them. While a lawyer has the
solemn duty to defend his clients rights and is
expected to display the utmost zeal in defense of
his clients cause, his conduct must never be at
the 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 wanting
in moral character, in honesty, probity, and good
demeanor, thus proving unworthy to continue as
an officer of the court.
Evidently, respondent lawyers fell short of the
duties and responsibilities expected from them
as members of the bar. Anticipating that their
Motion for Bail will be denied by the court if it
found that it had no jurisdiction over the person
of the accused, they craftily concealed the truth
by alleging that accused had voluntarily
surrendered to a person in authority and was
under detention. Obviously, such artifice was a
deliberate ruse to mislead the court and thereby
contribute to injustice. To knowingly allege an
untrue statement of fact in the pleading is a
contemptuous conduct that we strongly
condemn. They violated their oath when they
resorted to deception. (Young v. Batuegas, 403
SCRA 123 [2003]).
Rule 7.02 A lawyer shall not support the
application for admission to the bar of any
person 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 investigation
concerning alleged anomaly in the bar
examination so that those candidates who failed
therein can be ferreted out and those lawyers
responsible therefor can be disbarred. (In re
Parazo, 82 Phil. 230 [1948]).
Rule 7.03 A lawyer shall not engage in
conduct hat adversely reflects on his fitness to
practice law, nor shall he, whether in public or
private life, behave in a scandalous manner to
the discredit of the legal profession.
Zaguirre v. Castillo, 398 SCRA 659 [2003]:
Siring a child with a woman other than his wife is
a conduct way below the standards of morality
required of every lawyer.
Moreover, the attempt of respondent to renege
on his notarized statement recognizing and
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undertaking to support his child by Carmelita
demonstrates a certain unscrupulousness on his
part which is highly censurable, unbecoming a
member of a noble profession, tantamount to
self-stultification.
This Court has repeatedly held:
"as officers of the court, lawyers must not
only in fact be of good moral character but
must also be seen to be of good moral
character and leading lives in accordance
with the highest moral standards of the
community. More specifically, a member of
the Bar and officer of the court is not only
required to refrain from adulterous
relationships or the keeping of mistresses
but must also so behave himself as to avoid
scandalizing the public by creating the belief
that he is flouting those moral standards."
While respondent does not deny having an
extra-marital affair with complainant he seeks
understanding from the Court, pointing out that
"men by nature are polygamous," and that what
happened between them was "nothing but
mutual lust and desire." The Court is not
convinced. In fact, it is appalled at the
reprehensible, 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 norms
expected of the legal profession, by upholding
the ideals and tenets embodied in the Code of
Professional Responsibility always. Lawyers
must maintain a high standard of legal
proficiency, as well as morality including
honesty, integrity and fair dealing. For they are
at all times subject to the scrutinizing eye of
public opinion and community approbation.
Needless to state, those whose conduct both
public and private fails this scrutiny would
have to be disciplined and, after appropriate
proceedings, penalized accordingly.
Moreover, it should be recalled that respondent
here was once a member of the judiciary, a fact
that aggravates his professional infractions. For
having occupied that place of honor in the
Bench, 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 citizens
consider him as a source of strength that fortifies
their will to obey the law. Indeed, a judge should
avoid the slightest infraction of the law in all of
his actuations, lest it be a demoralizing example
to others. Surely, respondent could not have
forgotten the Code of Judicial Conduct entirely
as to lose its moral imperatives.
Like a judge who is held to a high standard of
integrity and ethical conduct, an attorney-at-law
is also invested with public trust. Judges and
lawyers serve in the administration of justice.
Admittedly, as officers of the court, lawyers must
ensure the faith and confidence of the public that
justice is administered with dignity and civility. A
high degree of moral integrity is expected of a
lawyer in the community where he resides. He
must maintain due regard for public decency in
an orderly society.
A lawyer is expected at all times to uphold the
integrity and dignity of the legal profession by
faithfully performing his duties to society, to the
bar, to the courts and to his clients. Exacted
from him, as a member of the profession
charged with the responsibility to stand as a
shield in the defense of what is right, are such
positive qualities of decency, truthfulness and
responsibility that have been compendiously
described as "moral character." To achieve such
end, every lawyer needs to strive at all times to
honor 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 in
his professional or private capacity, which shows
him to be wanting in moral character, in honesty,
probity, and good demeanor, thus proving
unworthy to continue as an officer of the court.
Canon 8
A lawyer shall conduct himself with
courtesy, fairness and candor towards
his professional colleagues, and shall
avoid harassing tactics against opposing
counsel.
Observance of honorable, candid and
courteous dealings with other lawyers and
fidelity to known and recognized customs
and practices of the bar that make the
practice of law a profession are among the
obligations of a lawyer.
Candor, fairness and truthfulness should
characterize the conduct of a lawyer with
other lawyers.
A lawyers duty is to restrain client from
improprieties and to terminate relation with
him/her should the latter persist.
A lawyer should not avoid performance of an
agreement fairly made because it is not
reduced to writing. He should not take
advantage of the excusable unpreparedness
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or absence of counsel during the trial of a
case. Nor should he make use, to his or to
his clients benefit, the secrets of the
adverse party acquired thru design or
inadvertence.
A lawyer who thinks a case is weak may not
criticize the lawyer who accepts it, much
less should he attribute to him/her evil
motive for taking up the clients cause. Such
action is not only immaterial but betrays lack
of understanding of attys duties to client.
Although respect and confidence is due to
every colleague, it is not improper for a
lawyer to honor the just claim of a layman
against another lawyer because such act is
a 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. Manuel
Camacho] of expelled AMA students filed this
complaint against the lawyers comprising the
Pagulayan and Associates Law Office for
procuring without his knowledge compromise
agreements during the civil case involving the
students and the school. The agreements
required the students to waive all kinds of claims
they might have against AMA and to terminate
all civil, criminal and administrative proceedings
filed against it. The students also wrote letters of
apology. Atty. Pangulayan admits that only he
participated in the formulation and execution of
the various Re-Admission Agreements
complained of. He alleges however that the
agreements had nothing to do with the civil case
but were purely administrative. The SC
suspended Atty. Pangulayan from the practice of
law for three months.
H: The IBP found that Atty. Pangulayan was
aware that when the letters of apology and Re-
Admission Agreements were formalized, the
complainant was already the counsel for the
students in the civil case but that he still
proceeded to negotiate with the students and
their parents without at the very least
communicating the matter to their lawyer. His
failure is an inexcusable violation of the canons
of professional ethics and an utter disregard of a
duty owing to a colleague. His defense that the
agreements were purely administrative does not
hold because the manifestation stated that the
students shall drop all civil, criminal and
administrative proceedings against AMA.
Rule 8.01. A lawyer shall not, in professional
dealings, use language which is abusive,
offensive or otherwise improper.
Do as adversaries do in law: strive mightily
but eat and drink as friends should
characterize the relationship between
opposing counsel in a case. Whatever ill-
feelings between clients should not influence
counsel in their conduct and demeanor
toward each other.
The fact that one of the lawyers conducts
him/herself improperly does not relieve the
other from professional obligation in his
relation with him/her.
The highest reward that can come to a
lawyer is the esteem of his/her brethren. It is
won in unique conditions and is a tribute to
exceptional power controlled by conscience
and a sense of public dutyto a knightly
bearing and valor in the hottest of
encounters.
Reyes vs. Chiong, Jr., 405 SCRA 212 (2003)
F: Atty. Chiong impleaded Atty. Reyes and
Prosecutor Salanga in a civil complaint as a
response to an estafa case filed against the
formers client. Atty. Reyes, claiming that the suit
was baseless, filed the present disbarment case
against Atty. Chiong. The IBP recommended
that Atty. Chiong be suspended for 2 years, the
reason being collection suit with damages had
been filed purposely to obtain leverage against
the estafa case as there was no ground to
implead the Atty. Reyes and Prosecutor
Salanga.
H: Atty. Chion is suspended for 2 years. He
should have pursued proper procedural and
administrative remedies. The filing of the civil
case had no justification. Mutual bickering,
unjustified recriminations and offensive behavior
among lawyers not only detract from the dignity
of the legal profession, but also constitute highly
unprofessional conduct subject to disciplinary
action. Any undue ill-feeling between clients
should not influence counsels in their conduct
and demeanor toward each other. While lawyers
owe 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 the
right of any lawyer, without fear or favor, to give
proper advice and assistance to those seeking
relief against unfaithful or neglectful counsel.
A lawyer should not steal the other lawyers
client nor induce the latter to retain him by
promise of better service, good result or
reduced fees for his services. Neither should
he disparage another, make comparisons or
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publicize his talent as a means to further his
law practice.
He may accept employment to handle a
matter previously handled by another
lawyer, provided that the other lawyer has
been given notice of termination of service.
Without such notice, he shall only appear
once he has obtained conformity or has, at
the very least, given sufficient notice of
contemplated substitution. A lawyers
appearance in the case without notice to the
first lawyer amounts to an improper
encroachment upon the professional
employment of the original counsel.
The purpose is for the original lawyer to
assert his/her right but the latter cannot
insist that the new lawyer refuse
employment in the matter merely because
he claims the termination of his services is a
breach of contract. To do so would be to
deny litigant of the right to be represented at
all times of his counsel of choice.
A lawyer should not, in the absence of the
adverse partys counsel, interview the
adverse party and question him as to the
facts of the case even if the adverse party
was willing to do so. Neither should he
sanction the attempt of his client to settle a
litigated matter with the adverse party
without the consent nor knowledge of the
latters counsel. (cf. Canon 9)
A clients proffer of assistance of additional
counsel should not be regarded as evidence
of want of confidence but the matter should
be left to the determination of the client. The
2
nd
lawyer should communicate with the 1
st
before making an appearance. Should the
1
st
lawyer object, he should decline
association but if the 1
st
lawyer is relieved,
he may come into the case.
When there is conflict of opinions between
two lawyers jointly associated in a case, the
client should decide. The decision should be
accepted unless the nature of the difference
makes it impracticable for the lawyer whose
judgment has been overruled to cooperate
effectively. In this event, it is his/her duty to
ask client to relieve him/her.
Laput v. Remotigue A.M. No. 219 (1962)
F: The SC dismissed the charges of Atty. Laput
that the respondents nursed the desire of his
former client to replace him.
H: The solicitor general found that before
respondents filed their appearance, the client
had already filed with the court a pleading
discharging the complainant. The fact that
complainant was not able to get a copy was not
the fault of respondents. Also, it was found that
Mrs. Barrera dismissed complainant as lawyer
because she no longer trusted him because she
found out that some checks were sent to the
complainant instead of her and that several
withdrawals 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 the
payment of his attorneys fees estop him from
now 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 complainants services and after the
petitioner 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 had
taken his lawyers oath.
Passing the bar is not the only qualification to
become an attorney-at-law. Two essential
requisites for becoming a lawyer still had to be
performed, namely: his lawyers oath to be
administered by this Court and his signature in
the Roll of Attorneys.
Alawi v. Alauya 268 SCRA 639 (1997)
Alauya used the title Atty. in his name even
though he is a Sharia lawyer.
Persons who pass the Sharia Bar are not full-
fledged members of the Philippine Bar. While
one who has passed Sharia Bar and one who
passed the Philippine Bar may both be
considered as counselors, only the latter is an
attorneya title reserved to those who have
been admitted to the IBP and remain members
thereof in good standing. His reasoningthat it
is mistaken to councilordoes not warrant his
use of the title of attorney.
The practice of law is not limited to the
conduct of cases in court. It includes legal
advice and counseling, and the preparation of
legal instruments and contracts by which legal
rights are secured, which may or may not be
pending in court. (Ulep v. Legal Clinic, Inc., 223
SCRA 378 (1993))
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The phrase practice of law implies customarily
or habitually holding oneself out to the public, as
a 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 a
member of the bar in accordance with the
statutory requirements and who is in good and
regular standing is entitled to practice law. (Rule
138, Sec. 1, Rules of Court)
Merely passing the bar does not allow one to
engage in the practice of law. Dispensing legal
advice and signing of pleadings prior to taking
the lawyers oath constitutes an unauthorized
practice of law. It is the signing of the roll of
attorneys that makes one a full-pledged
lawyer. To practice law sans any authority
shows a moral unfitness to be a member of the
Philippine Bar. (Aguirre v. Rana, 403 SCRA 342
(2003))
Lawyers in government service are
prohibited to engage, during their
incumbency thereof, in the private practice of
their profession unless authorized by the
constitution or law and provided that such
practice will not conflict or tend to conflict with
their official functions. Private practice does
not pertain to an isolated court appearance.
It refers to a succession of acts of the same
nature of habitually or customarily holding
ones self to the public as a lawyer. (OCA v.
Ladaga, 350 SCRA 326)
NOTE: Private practice does not pertain to an
isolated court appearance; rather, it
contemplates a succession of acts of the same
nature habitually or customarily holding ones
self to the public as a lawyer. Thus, pro-bono
appearances may be allowed by the Court in
special instances.
An individual litigant in a civil case has a right to
conduct his litigation personally. (Rule 138, Sec.
34, Rules of Court) He may not be heard to
complain later that he has been deprived of the
right to the assistance of counsel. (People v. Sin
Ben, 98 Phil. 138 (1955))
An attorney who is otherwise disqualified to
practice law, or has been disbarred or
suspended from practice, can validly prosecute
or defend his own litigation, he having as much
right as that of a layman in that regard. (Danforth
v. Egan, 23 SD 43, 119 NW 1920)
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any task
which by law may only be performed by a
member of the bar in good standing.
A lawyer is prohibited from taking as partner
or associate any person who is not
authorized to practice law to appear in
court or to sign pleadings.
A lawyer, who is under suspension from practice
of law is not a member of the Bar in good
standing. A lawyer whose authority to practice
has been withdrawn due to a change in
citizenship or allegiance to the country cannot
appear before the courts. (Guballa v. Caguioa,
78 SCRA 302)
Thus, he should not delegate to a layman any
work which involves the application of law, such
as the computation and determination of the
period within which to appeal an adverse
judgment (Eco v. Rodriguez, 107 Phil. 612
(1960)), the examination of witnesses or the
presentation of evidence (Robinson v.
Villafuerte, 18 Phil 121 (1911)), because these
involve the practice of law which may be
undertaken only by a lawyer.
Rule 9.02 - A lawyer shall not divide or stipulate
to divide a fee for legal services with persons
not licensed to practice law, except:
a) Where there is a pre-existing agreement
with a partner or associate that, upon the
latter's death, money shall be paid over a
reasonable period of time to his estate or to
persons specified in the agreement
b) Where a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer; or
c) Where a lawyer or law firm includes non-
lawyer employees in a retirement plan even
if the plan is based in whole or in part, on a
profit sharing agreement.
An agreement between a union lawyer and a
layman president of the union to divide equally
the attorneys fees that may be awarded in a
labor case violates the rule and is illegal and
immoral. (Amalgamated Laborers Assn. v. CIR.
22 SCRA 1266 (1968))
Similarly, a contract between a lawyer and a
layman granting the latter a percentage of the
fees collected from clients secured by the
layman and enjoining the lawyer not to deal
directly with said clients is null and void, and the
lawyer 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 attorneys fees taken from the proceeds of a
judgment secured by him for the labor union is
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improper because it amounts to a rebate or
commission.( Halili v. CIR. 136 SCRA 113
(1965))
Non-lawyers may appear before the NLRC or
any labor arbiter. Granted that they acted as
legal representatives, they are still not entitled to
receive professional fees. The statutory rule that
an attorney shall be entitled to have and
recover from his client a reasonable
compensation or remuneration for the
services they have rendered presupposes
the existence of an attorney-client
relationship. Such a relationship cannot,
however, exist when the clients representative
is a non-lawyer. (Five J Taxi v. NLRC, 235
SCRA 556)
IV. Lawyers Duties to the Courts
Canon 10
A Lawyer owes candor, fairness and
good faith to the Court.
A lawyer is, first and foremost, an officer of the
court. Accordingly, should there be a conflict
between his duty to his client and that to the
court, he should resolve the conflict against
the former and in favor of the latter, his
primary responsibility being to uphold the
cause of justice. (Cobb Perez v. Lantin, 24
SCRA 291 (1968))
A lawyers conduct before the court should be
characterized by truthfulness, frankness, candor
and fairness. Candor in all his dealings is of
the very essence of honorable membership
in the legal profession. (Cuaresma v. Daquis,
63 SCRA 257 (1975)) It requires that a lawyer
act with the highest standards of truthfulness,
fair play and nobility in the conduct of litigation
and in his relations with his client, the opposing
party and his counsel, and the court before
which he pleads his clients cause. (Director of
Lands v. Adorable, 77 Phil. 468 (1946)).
Rule 10.01 - A lawyer shall not do any
falsehood, nor consent to the doing of any in
Court, nor shall he mislead or allow the Court to
be misled by an artifice.
A lawyer should not conceal the truth from the
court, nor mislead the court in any manner no
matter how demanding his duties to clients may
be. His duties to his client should yield to his
duty to deal candidly with the court. For no
client is entitled to receive from the lawyer
any service involving dishonesty to the
courts.(Comments of IBP Committee that
drafted the Code, p. 53)
A lawyer must be a disciple of truthHe
should bear in mind that as an officer of the
court his high vocation is to correctly inform the
court upon the law and the facts of the case and
to aid it in doing justice and arriving at correct
conclusion. The courts, on the other hand, are
entitled to expect only complete honesty from
lawyers appearing and pleading before them.
(Young v. Batuegas, 403 SCRA 123 (2003))
The burden cast on the judiciary would be
intolerable if it could not take at face value
what is asserted by counsel. The time that will
have to be devoted just to the task of verification
of allegations submitted could easily be
imagined. Even with due recognition then that
counsel is expected to display the utmost zeal in
defense of a client's cause, it must never be at
the expense of deviation from the truth. (Muoz
v. People, 53 SCRA 190 (1973))
Rule 10.02 - A lawyer shall not knowingly
misquote or misrepresent the contents of a
paper, the language or the argument of
opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision
already rendered inoperative by repeal or
amendment, or assert as a fact that which has
not been proved.
To knowingly misquote or misrepresent in any of
these matters is not only unprofessional but
contemptuous as well. (Agpalo)
A lawyer who deliberately made it appear that
the quotations in his motion for reconsiderations
were findings of the Supreme Court, when they
were just part of the memorandum of the Court
Administrator, and who misspelled the name of
the complainant and made the wrong citation of
authority is guilty of violation of Rule 10.02 of the
Code. (COMELEC v. Noynay, 292 SCRA 254
(1992))
it is the bounden duty of courts, judges and
lawyers to reproduce or copy the same word-
for-word and punctuation mark-for-
punctuation mark.Only from this Tribunals
decisions and rulings do all other courts, as well
as lawyers and litigants, take their
bearingsEver present is the danger that if
not faithfully and exactly quoted, the
decisions and rulings of this Court may lose
their proper and correct meaning, to the
detriment of other courts, lawyers and the
public who may thereby be misled. (Insular
Life Employees Co. v. Insular Life Association,
37 SCRA 1 (1970))
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Rule 10.03 - A lawyer shall observe the rules of
procedure and shall not misuse them to defeat
the 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 as
are consistent with truth and honor, and
never seek to mislead the judge or any
judicial officer by an artifice or false
statement of fact of law.
Procedural rules are instruments in the
speedy and efficient administration of
justice. They should be used to achieve such
end and not to derail it. Thus, the filing of
multiple petitions regarding the same subject
matter constitutes abuse of the courts
processes and improper conduct that tends to
obstruct and degrade the administration of
justice.(Agpalo)
A lawyer should not abuse his right of recourse
to the courts for the purpose of arguing a cause
that had been repeatedly rebuffed. For while he
owes fidelity to the cause of his client, it
should not be at the expense of truth and the
administration of justice. (Garcia v. Francisco,
65 SCAD 179, 220 SCRA 512 (1993)) Courts
must guard themselves against any scheme to
deprive the winning party of the fruits of the
verdict, for courts are constituted to put an end
to controversies and they should frown upon any
attempt to prolong them.(Gomez v. Presiding
Judge, 65 SCAD 179, 249 SCRA 432 (1995))
Canon 11
A lawyer shall observe and maintain the
respect due to the courts and judicial
officers and should insist on similar
conduct by others.
The Supreme Court of the Philippines is, under
the Constitution, the last bulwark to which the
Filipino 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 and
believe that they cannot expect justice
therefrom, they might be driven to take the law
into their own hands, and disorder and perhaps
chaos might be the result. Lawyers are duty
bound to uphold the dignity and authority of the
Court to promote the administration of justice.
Moreover, respect to the courts guarantees the
stability of other institutions. (In re Sotto 82 Phil
595 (1949))
Observing respect due to the courts mean that a
lawyer should
1. Conduct himself toward judges with courtesy
everyone is entitled to expect (Paragas v
Cruz)
2. With the propriety and dignity required by
the courts (Salcedo v Hernandez).
Rule 11.01 - A lawyer shall appear in court
properly attired.
Respect begins with the lawyers outward
physical appearance in court. Sloppy or informal
attire adversely reflects on the lawyer and
demeans the dignity and solemnity of court
proceedings. (Agpalo)
TRADITIONAL ATTIRES:
Males: Long-sleeve Barong Tagalog or coat and
tie
Females: Semi-formal attires.
Judges also appear in the same attire in addition
to black robes.
Courts have ordered a male attorney to wear a
necktie and have prohibited a female attorney
from wearing a hat. However, the permission of
a dress with a hemline five inches above the
knee was held to be acceptable as such had
become an accepted mode of dress even in
places of worship. (Aguirre)
A lawyer who dresses improperly may be cited
with contempt (Agpalo).
Rule 11.02 - A lawyer shall punctually appear at
court hearings.
Inexcusable absence from, or repeated
tardiness in, attending a pre-trial or hearing may
subject the lawyer to disciplinary action as his
actions show disrespect to the court and are
therefore considered contemptuous behavior.
(Agpalo)
Non-appearance at hearings on the ground that
the issue to be heard has become moot and
academic [prisoner has been released in a
petition for habeas corpus] is a lapse in judicial
propriety. (De Gracia v. Warden of Makati, G.R.
No. L-42032, January 9, 1976)
Rule 11.03 - A lawyer shall abstain from
scandalous, offensive or menacing language or
behavior before the courts.
The language of a lawyer, both oral and written,
must be respectful and restrained in keeping
with the dignity of the legal profession, gracious
to both the courts and to the opposing counsel.
The use of abusive language by counsel
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against the opposing counsel constitutes at
the same time a disrespect to the dignity of
the court justice. Moreover, the use of
impassioned language in pleadings, more often
than not, creates more heat than light.
(Buenaseda v. Flavier, 226 SCRA 645 (1993))
Lawyers may use strong language to drive home
a point; they have a right to be in pursuing a
clients cause (The British Co. v De Los Angeles
(1975)).
Lawyers have the right to expose the
shortcomings and indiscretion of the courts and
judges, but it must be exercised in properly
respectful terms and only through legitimate
channels. They cannot resort to scurrilous
remarks that have the tendency to degrade
the courts and destroy the public confidence
in them. (In re Almacen, 31 SCRA 562)
The Court does not close itself to comments and
criticisms so long as they are fair and
dignified. Going beyond the limits of fair
comments by using insulting, disparaging and,
intemperate language necessitates and warrants
a rebuke from the Court. While it is expected of
lawyers to advocate their clients cause, they are
not at liberty to resort to arrogance, intimidation
and innuendo. (Sangalang v. IAC, 177 SCRA
87)
Rule 11.04 - A lawyer shall not attribute to a
Judge motives not supported by the record or
have no materiality to the case.
The rule allows such criticism so long as it is
supported by the record or it is material to the
case. A lawyers right to criticize the acts of
courts and judges in a proper and respectful
way and through legitimate channels is well
recognized. The cardinal condition of all such
criticism is that it shall be bona fide, and shall
not spill over the wall of decency and propriety.
(Agpalo)
The court will not hesitate to sanction persons
who recklessly and nonchalantly impute ill
motives that are nothing but unfounded
speculations. Any serious accusation against
a judicial officer that is utterly baseless,
unsubstantiated and unjustified shall not be
countenanced. (Go v. Abrogar, 485 SCRA 457)
Rule 11.05 - A lawyer shall submit grievances
against a Judge to the proper authorities only.
Statutory basis: 1987 Constitution, Art. VIII, Sec.
6. The Supreme Court shall have administrative
supervision over all courts and the personnel
thereof.
The duty to respect does not preclude a lawyer
from filing administrative complaints against
erring judges, or from acting as counsel for
clients who have legitimate grievances against
them.
The lawyer shall not file an administrative case
until he has exhausted judicial remedies which
result 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 must
defer action on said complaint and refer the
same to the SC for determination whether said
judges or court employees acted within the
scope of their administrative duties. Otherwise,
in the absence of any administrative action,
the investigation being conducted by the
Ombudsman encroaches into the Courts
power of administrative supervision over all
courts and its personnel, in violation of the
doctrine of separation of powers. (Maceda v.
Vasquez, 221 SCRA 464 (1993))
Use of disrespectful or contemptuous language
against a particular judge in pleadings presented
in another court or proceeding is indirect, not
direct, contempt as it is not tantamount to a
misbehavior in the presence of or so near a
court or judge as to interrupt the administration
of justice (Ang v Castro, 136 SCRA 453 (May
15, 1985))
Canon 12
A lawyer shall exert every effort and
consider it his duty to assist in the
speedy and efficient administration of
justice.
Statutory basis: 1987 Constitution, Art. III, Sec 6.
All persons shall have the right to a speedy
disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Rule 138, Sec 20(g). Duties of attorneys. It is
the duty of an attorney
g) not to encourage either the commencement
or the continuance of an action or proceeding, or
delay any mans cause, from any corrupt motive
or interest.
Rule 12.01 - A lawyer shall not appear for trial
unless he has adequately prepared himself on
the law and the facts of his case, the evidence
he will adduce.
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Without adequate preparation, the lawyer may
not be able to effectively assist the court in the
efficient 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 the
early disposition of the case
o The judge may consider the client non-
suited or in default
o The judge may consider the case deemed
submitted for decision without clients
evidence, to his prejudice. (Agpalo)
Half of the work of the lawyer is done in the
office. It is spent in the study and research.
Inadequate preparation obstructs the
administration of justice. (Martins Legal Ethics,
p. 47, 1988 ed.)
A newly hired counsel who appears in a case in
the midstream is presumed and obliged to
acquaint himself with all the antecedent
processes 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 multiple
actions arising from the same cause.
RATIONALE:
There is an affirmative duty of a lawyer to check
against useless litigations. His signature in
every pleading constitutes a certificate by
him that to the best of his knowledge there is
a good ground to support it and that it is not
to interpose for delay. The willful violation of
this rule may subject him to (1) appropriate
disciplinary action or (2) render him liable for the
costs of litigation. (Agpalo)
While a lawyer owes entire devotion to the
interest of his client and zeal in the defense of
his clients rights, he should not forget that he is
an officer of the court, bound to assist in the
speedy and efficient administration of justice.
(Agpalo)
The reason is that a lawyer not only owes to his
client the duty of fidelity but, more important, he
owes the duty of good faith and honorable
dealing to the judicial tribunal before which he
practices his profession. (Agpalo)
Escessive delay causes:
1. hardships
2. may force parties into unfair settlement
3. nurture a sense of injustice and breed
cynicism about the administration of justice
FORUM SHOPPING
1. 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 in
different courts concerning the same subject
matter after one court has decided the suit
with finality.
3. Filing a similar case in a judicial court after
receiving an unfavorable judgment from an
administrative tribunal.
Forum shopping is prohibited by Supreme Court
Circular No. 28-91, which is now integrated in
the 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 initiatory
pleading asserting a claim for relief, or in a
sworn certification annexed thereto and
simultaneously filed therewith that:
1. he has not theretofore commenced any
action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial
agency and, to the best of his knowledge, no
such other action or claim is pending
therein; if there is such other pending action
or claim, a complete statement of the
present status thereof; and
2. if he should thereafter learn that the same or
similar action or claim has been filed or is
pending, he shall report that fact within five
days there from to the court wherein his
aforesaid complaint or initiatory pleading has
been filed.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other initiatory
pleading but shall cause for the dismissal of the
case without prejudice, unless otherwise
provided, upon motion after hearing.
The submission of a false certification or non-
compliance with any of the undertakings in a
certification of no forum shopping -
1) shall constitute indirect contempt of court
2) without prejudice to the corresponding
administrative and criminal actions
If the acts of the party or his counsel clearly
constitute 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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Rule 12.03 - A lawyer shall not, after obtaining
extensions of time to file pleadings, memoranda
or briefs, let the period lapse without submitting
to the same or offering an explanation for his
failure to do so.
The court censures the practice of counsels who
secures repeated extensions of time to file their
pleadings and thereafter simply let the period
lapse without submitting the pleading on even an
explanation or manifestation of their failure to do
so. There exists a breach of duty not only to
the court but also to the client. (Achacoso v.
Court of Appeals, 51 SCRA 424, 1973)
Rule 12.04 - A lawyer shall not unduly delay a
case, impede the execution of a judgment or
misuse Court processes.
It is one thing to exert to the utmost ones ability
to protect the interest of ones client. It is quite
another thing to delay if not defeat the
recovery of what is justly due and
demandable due to the misleading acts of a
lawyer. (Manila Pest Control v. WCC, 25 SCRA
700 (1968))
A judge should be quick enough to prevent a
lawyer from resorting to dilatory tactics which
obstruct the administration of justice. (People v.
Jardin, 124 SCRA 167 (1983))
The law makes it the lawyers duty to delay no
man for money or malice (Lawyers Oath;
Artiaga vs. Villanueva, 1989)
PROPER BEHAVIOUR (Rule 12.05-12.07)
Rule 12.05 - A lawyer shall refrain from talking
to his witness during a break or recess in the
trial, while the witness is still under examination.
RATIONALE:
Purpose is to prevent the suspicion that he is
coaching the witness what to say during the
resumption of the examination; to uphold and
maintain fair play with the other party and to
prevent the examining lawyer from being
tempted to coach his own witness to suit his
purpose. (Callanta)
Rule 12.06 - A lawyer shall not knowingly assist
a witness to misrepresent himself or to
impersonate another.
CRIMINAL LIABILITY
Art. 184, Revised Penal Code
The lawyer who presented a witness knowing
him to be a false witness is criminally liable for
Offering False Testimony In Evidence. The
lawyer is both criminally and administratively
liable.
SUBORNATION OF PERJURY
Subornation of perjury is committed by a person
who knowingly and willfully procures another to
swear falsely and the witness subornated does
testify under circumstances rendering him guilty
of perjury. (US v. Ballena, 18 Phil. 382)
Rule 12.07 - A lawyer shall not abuse, browbeat
or harass a witness nor needlessly
inconvenience him.
Related statutory basis: Rule 132, Sec. 3. Rights
and obligations of a witness. A witness must
answer questions, although his answer may tend
to establish a claim against him. However, it is
the right of a witness:
o To be protected from irrelevant, improper, or
insulting questions, and from harsh or
insulting demeanor;
o Not to be detained longer than the interests
of justice require;
o Not to be examined except only as to
matters pertinent to the issue;
o Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law; or
o Not to give an answer which will tend to
degrade his reputation, unless it be to the
very fact at issue or to a fact from which the
fact in issue would be presumed. But a
witness must answer to the fact of his
previous conviction for an offense.
PD1829-Penalizing Obstruction of Justice
(h) threatening directly or indirectly another with
the infliction of any wrong upon his person,
honor or property or that of any immediate
member or members of his family in order to
prevent such person from appearing in the
investigation of, or official proceedings in,
criminal cases, or imposing a condition,
whether lawful or unlawful, in order to
prevent a person from appearing in the
investigation of or in official proceedings in,
criminal cases;
(i) giving of false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the
victim; or fabricating information from the
data gathered in confidence by investigating
authorities for purposes of background
information and not for publication and
publishing or disseminating the same to
mislead the investigator or to the court.
Rule 12.08 - A lawyer shall avoid testifying in
behalf of his client, except:
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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 his
testimony is essential to the ends of justice,
in which event he must, during his
testimony, entrust the trial of the case to
another counsel.
RATIONALE:
The underlying reason for the impropriety of
a lawyer acting in such dual capacity lies in
the difference between the function of a
witness and that of an advocate.
function of a witness- to tell the facts as he
recalls then in answer to questions
function of an advocate- is that of a partisan
It is difficult to distinguish between the zeal of an
advocate and the fairness and impartiality of a
disinterested witness. The lawyer will find it hard
to disassociate his relation to his client as an
attorney and his relation to the party as a
witness. (Agpalo)
Canon 19 of the Code of Legal Ethics provides
that when a lawyer is a witness for his client,
except as to merely formal matters. Such as the
attestation or custody of an instrument and the
like, he should leave the trial of the case to other
counsel. Except when essential to the ends of
justice, a lawyer should avoid testifying in court
in behalf of his client. (PNB v. Uy Teng Piao, 57
Phil 337 (1932))
Canon 13
A lawyer shall rely upon the merits of his
cause and refrain from any impropriety
which tends to influence, or gives the
appearance of influencing the court.
Rule 13.01 - A lawyer shall not extend
extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
Related statutory basis: Code of Professional
Ethics, Canon 3. A lawyer should avoid marked
attention and unusual hospitality to a judge,
uncalled for by the personal relations of the
parties, because they subject him and the judge
to misconceptions of motives.
Report of IBP Committee, p. 70. In order not to
subject both the judge and the lawyer to
suspicion, the common practice of some
lawyers of making judges and prosecutors
godfathers of their children to enhance their
influence and their law practice should be
avoided by judges and lawyers alike.
It is improper for a litigant or counsel to see a
judge in chambers and talk to him about a
matter related to the case pending in the court of
said judge. (Austria v. Masaquel, 20 SCRA
1247(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 every
extraneous influence; that facts should be
decided upon evidence produced in court; and
that the determination of such facts should be
uninfluenced by bias, prejudice or sympathies..
The court will not hesitate in the future to apply
the full force of the law and punish for contempt
those who attempt to pressure the court into
acting one way or the other in any case pending
before it. Grievances should be aired along
proper channels.
In re de Vera 385 SCRA 285 (2003)
Sec. 5, Art. 8 of the 1987 Constitution confers
power 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 public
statements in the media regarding a pending
case 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 a
trial by publicity and create a public inference
of guilt against him (Agpalo)
when a criminal case is being investigated by
the authorities, even when it is being tried in
court; but when said publicity is encouraged
when the case is on appeal and is pending
consideration by this court, the whole thing
becomes inexcusable, even abhorrent. (Cruz v.
Salva, 105 Phil 1151 (1951))
Cruz vs. Salva
when a criminal case is being investigated by
the authorities, even when it is being tried in
court; but when said publicity and
sensationalism is allowed, even encouraged,
when the case is on appeal and is pending
consideration by this tribunal, the whole thing
becomes inexcusable.
Martelino vs. Alejandro
If 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 have
accomplished the purpose of this petition, by
postponing the trial until calmer times have
returned.
RE: Request Radio-TV Coverage
Trial should not to be televised. The right of
accused, who is in danger of losing his life and
liberty, to a fair trial, outweighs right of public to
information. Media exposure may unduly
interfere with the disposition of the trial.
Rule 13.03 - A lawyer shall not brook or invite
interference by another branch or agency of the
government in the normal course of judicial
proceedings.
BASIS:
The principle of separation of powers (Aguirre)
Maglasang v. People
In 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 powers
between the judiciary, the executive, and the
legislative branches-has been lost on Atty.
Castellano.
Related rule: Rule 11.05. A lawyer shall submit
grievances against a Judge to the proper
authorities only.
V. Lawyers Duties to the Client
Canon 14
A lawyer shall not refuse his services to
the needy.
Rule 14.01 - A lawyer shall not decline to
represent a person solely on account of the
latters 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 the
accused, to present every defense that the law
permits, to the end that no person may be
deprived of life, liberty, or property.
Rule 14.02 - A lawyer shall not decline, except
for serious and sufficient cause, an appointment
as counsel de oficio or as amici curiae, or a
request from 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 the
defenseless or the oppressed.
Rule 138, Sec. 20 (h), Duties of attorneys. It is
the duty of an attorneynever to reject, for any
consideration personal to himself, the cause of
the defenseless or oppressed;
Rule 138, Sec. 31 Attorneys for destitute
litigants. A court may assign an attorney to
render professional aid free of charge to any
party in a case, if upon investigation it appears
that the party is destitute and unable to employ
an attorney, and that the services of counsel are
necessary to secure the ends of justice and to
protect the rights of the party. It shall be the duty
of the attorney so assigned to render the
required service, unless he is excused therefrom
by 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 good
standing who by reason of their experience and
ability, may adequately defend the accused.
Who may be appointed:
1) a member of the bar in good standing
2) 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 de
oficio for the accused who are indigent in places
where there are no available practicing lawyers.
Appointed by court depending on:
o the gravity of the offense
o the difficulty of the questions that may arise
o the experience and ability of the appointee.
AMICUS CURIAE
A friend of the court; a bystander usually a
counselor who interposes or volunteers
information upon some matter of law in regard to
which the judge is doubtful or mistaken. (Agpalo)
Experienced and impartial attorneys invited by
the Court to help in the disposition of issues
submitted to it.
Rule 14.03 - A lawyer may refuse to accept
representation of an indigent client if:
a) he is not in a position to carry out the work
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b) he labors under a conflict of interests
prospective 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 be
determined by the fiscal or judge, taking into
account the members of his family
dependent upon him for subsistence. RA
6033
an "indigent or low income litigant" shall
include anyone who has no visible means of
support or whose income does not exceed
P300 per month or whose income even in
excess 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 the
offended party or accused.
RA 6034
any indigent litigant may, upon motion, ask
the Court for adequate travel allowance to
enable him and his indigent witnesses to
attendant the hearing of a criminal case
commenced by his complaint or filed against
him. The allowance shall cover actual
transportation expenses by the cheapest
means from his place of residence to the
court and back. When the hearing of the
case requires the presence of the indigent
litigant and/or his indigent 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.
RA 6035
A stenographer who has attended a hearing
before an investigating fiscal or trial judge or
hearing commissioner of any quasi-judicial
body or administrative tribunal and has
officially taken notes of the proceeding
thereof shall, upon written request of an
indigent or low income litigant, his counsel
or duly authorized representative in the case
concerned, give within a reasonable period
to be determined by the fiscal, judge,
commissioner or tribunal hearing the case, a
free certified transcript of notes take by him
on 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 his
responsibility as an election registrar [but]
there is not likely at present, and in the
immediate future, an exorbitant demand on
his time. It may likewise be assumed,
considering what has been set forth above, that
petitioner would exert himself sufficiently to
perform his task as defense counsel with
competence, if not with zeal, if only to erase
doubts 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 fees
shall observe the same standard of conduct
governing his relations with paying clients.
If a lawyer volunteers his services to a client,
and therefore not entitled to attorneys fees,
nevertheless, he is bound to attend to a
clients 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, which
says:
In such cases, even if the lawyer does not
accept a case, he shall not refuse to render legal
advice to the person concerned if only to the
extent necessary to safeguard the latter's rights.
Canon 15
A lawyer shall observe candor, fairness
and loyalty in all his dealings and
transactions with his clients.
Rule 15.01 - A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable whether the matter would involve a
conflict with another client or his own interest,
and if so, shall forthwith inform the prospective
client.
Rule 15.02 - A lawyer shall be bound by the rule
on 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 to
the proper administrative action x x x shall be
imposed upon an attorney-at-law or solicitor
(procurador judicial) who, by any malicious
breach of professional duty or of inexcusable
negligence or ignorance, shall prejudice his
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client, or reveal any of the secrets of the latter
learned by him in his professional capacity.
PRIVILEGED COMMUNICATION - An attorney
cannot, without the consent of his client, be
examined as to any communication made by the
client to him or his advice given thereon in the
course of professional employment; nor can an
attorneys secretary, stenographer, or clerk be
examined, without the consent of the client and
his employer, concerning any fact the knowledge
of 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 a
prospective client;
2) The communication was made by the client
to the lawyer in the course of the lawyers
professional employment;
3) The communication must be intended to be
confidential.
Exceptions to privilege (Aguirre):
1) When a lawyer is accused by the client and
he needs to reveal information to defend
himself
2) When the client discloses the intention to
commit a crime or unlawful act. (Future
crime)
Doctrine of imputed knowledge is based on the
assumption that an attorney, who has notice of
matter affecting his client, has communicated
the same to his principal in the course of
professional dealings. The doctrine applies
regardless of whether or not the lawyer actually
communicated to the client what he learned in
his professional capacity, the attorney and his
client being one judicial person.
For attorney-client privilege to apply, however,
the period to be considered is the date when
the privileged communication was made by
the client to the attorney in relation to either a
crime committed in the past or with respect to a
crime intended to be committed in the future (if
past, privilege applies; if future, does not
apply). In order that a communication between a
lawyer and his client be privileged, it must be for
a lawful purpose or in the furtherance of a lawful
end. (People v. Sandiganbayan, 275 SCRA 505
(1996))
Rule 15.03 - A lawyer shall not represent
conflicting interests except by written consent of
all concerned given after a full disclosure of the
facts.
GENERAL RULE 1: A lawyer may not represent
two 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 hold
himself as the counsel of the adverse party nor
make efforts to advance the adverse partys
conflicting interests of record. It is enough that
the 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 INTEREST
There 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 duties
2) 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 use
against his first client any knowledge acquired in
the previous employment
NOTE: The test to determine whether there is a
conflict of interest in the representation is probability,
not certainty of conflict
Effects of representing adverse interests
1) Disqualification as counsel on new case
2) If prejudicial to interests of latter client, a
judgment against may be set aside
3) Administrative and criminal (for betrayal of trust)
liability
4) 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 be
protected is flesh and blood.
o The mantle of privileged communication
begins to exist only after the attorney-client
relationship has been established. The
privilege does not attach until there is a
client.
o The privilege pertains to the subject matter
of the relationship.
o Due process considerations require that the
opposing party should know his adversary.
(Metaphor: He cannot be obliged to grope in
the dark against unknown forces.)
EXCEPTION: He may refuse to divulge the
name or identity of his client
1) Where a strong probability exists that
revealing the clients name would implicate
the client in the very activity for which he
sought the lawyers advice.
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2) Where disclosure would open the client to
civil liability.
3) Where the governments lawyers have no
case against an attorneys client unless by
revealing the clients name, i.e., the said
name would furnish the only link that would
form the chain of testimony necessary to
convict an individual of a crime.
Information relating to the identity of the client
may fall within the ambit of the privilege when
the clients name itself has an independent
significance, such that disclosure would then
reveal client confidences. (Regala v.
Sandiganbayan, 262 SCRA 122 (1996))
Rule 15.04 - A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
An attorneys knowledge of the law and his
reputation for fidelity may make it easy for the
disputants to settle their differences amicably.
However, he shall not act as counsel for any of
them. (Agpalo)
Generally an attorney is prohibited from
representing parties with contending positions.
However at a certain stage of the controversy,
before it reaches the court, a lawyer may
represent conflicting interests with the consent of
the parties. (Dee v. CA 176 SCRA 651(1989))
Rule 15.05 - A lawyer when advising his client
shall give a candid and honest opinion on the
merits and probable results of the clients case,
neither overstating nor understanding the
prospects of the case.
Related statutory basis: Code of Professional
Ethics, Canon 8. Before answering his clients
question, a lawyer should endeavor to obtain full
knowledge of his clients cause. It is only after he
shall have studied the case that he should
advise his client on the matter.
A lawyer is bound to give candid and honest
opinion on the merit or lack of merit of clients
case, neither overstating nor understating the
prospect of the case. He should also give an
honest opinion as to the probable results of the
case, with the end in view of promoting respect
for the law and the legal processes. (Agpalo)
Rule 15.06 - A lawyer shall not state or imply
that 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 and
some lawyers exact big fees for such influence
(Agpalo)
Rule 15.07 - A lawyer shall impress upon his
client compliance with the laws and the
principles 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 observe
honesty and good faith.
Rule 15.08 - A lawyer who is engaged in
another profession or occupation concurrently
with the practice of law shall make clear to his
client whether he is acting as a lawyer or in
another capacity.
GENERAL RULE: Exercise of dual profession
is not prohibited but a lawyer must make it
clear when he is acting as a lawyer and when
he is otherwise, especially in occupations
related to the practice of law. Reason: certain
ethical considerations may be operative in one
profession and not in the other. (Agpalo)
A lawyer is not barred from dealing with his
client but the business transaction must be
characterized with utmost honesty and good
faith. Business transactions between an attorney
and his client are disfavored and discouraged by
policy of law because by virtue of a lawyers
office, he is an easy position to take advantage
of 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 moneys
and properties of his client that may
come 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 and
rights which may be the object of any litigation in
which they take part by virtue of their
profession.
o Attorney-client relationship
o Property or interest is in litigation
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o Attorney takes part as counsel in the case
o Purchase, acquisition by attorney, by himself
or through another, during pendency of
litigation
PROHIBITION INCLUDES MORTGAGE OF
PROPERTY IN LITIGATION to the lawyer. In
this case, acquisition is merely postponed until
foreclosure but effect is the same. It also
includes assignment of property (Ordonio v.
Eduarte, 207 SCRA 229 (1992))
[T]he purchase by a lawyer of the property in
litigation from his client is categorically
prohibited by Article 1491, paragraph (5) of
the Philippine Civil Code, and that
consequently, plaintiff's purchase of the property
in litigation from his client (assuming that his
client could sell the same since as already
shown above, his client's claim to the property
was defeated and rejected) was void and could
produce no legal effect, by virtue of Article 1409,
paragraph (7) of our Civil Code which provides
that contracts expressly prohibited or declared
void by law' are "inexistent and that (T)hese
contracts cannot be ratified. Neither can the right
to set up the defense of illegality be waived. x x
x Article 1491 of our Civil Code (like Article 1459
of the Spanish Civil Code) prohibits in its six
paragraphs certain persons, by reason of the
relation 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 abuse
of confidential information or where lawyer
exercised undue influence.
4) Where property in question is stipulated as
part of attorneys fees, provided that, the
same is contingent upon the favorable
outcome of litigation and, provided further,
that the fee must be reasonable.
Rule 16.01 - A lawyer shall account for all
money or property collected or received for or
from the client.
A lawyer, under his oath, pledges himself not to
delay any man for money or malice and is bound
to conduct himself with all good fidelity to his
clients. He is obligated to report promptly the
money of his clients that has come into his
possession (otherwise a violation of Sec. 25,
Rule 138 of ROC). He should not commingle it
without his clients consent. He should maintain
a reputation for honesty and fidelity to private
trust. The fact that a lawyer has a lien for fees
on money in his hands would not relieve him
from the duty of promptly accounting for the
funds received. (Daroy v. Legaspi (1975))
Rule 16.02 - A lawyer shall keep the funds of
each client separate and apart from his own and
those of others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and
property to his client when due or upon demand.
However,
o he shall have a lien over the funds and
o may apply so much thereof as may be
necessary to satisfy his lawful fees and
disbursements,
o giving notice promptly thereafter to his client.
He shall also have a lien to the same extent
on all judgments and executions he has
secured for his client as provided for in the
Rules of Court.
Related statutory basis: Rule 138, Sec. 37.
Attorneys liens. An attorney shall have a lien
upon the funds, documents and papers of his
client which have lawfully come into his
possession and may retain the same until his
lawful fees and disbursements have been paid,
and may apply such funds to the satisfaction
thereof.
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 lawful
disbursements due a lawyer for his services,
secured to him out of a money judgment.
Requisites for validity
1) attorney-client relationship
2) lawful possession by lawyer of the clients
funds, documents and papers in his
professional capacity
3) unsatisfied claim for attorneys fees or
disbursements
RETAINING LIEN
A right merely to retain the funds, documents
and papers of his client which have lawfully
come into his possession and may retain the
same until his lawful fees and disbursements
have been paid.
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Requisites for validity
1) attorney-client relationship
2) attorney has rendered services
3) money judgment favorable to the client has
been secured in the action
4) attorney has a claim for attorneys fees or
advances
5) statement of his claim has been duly
recorded in the case with notice thereof
served upon the client and adverse party
RETAINING CHARGING
Nature Passive lien. It
cannot be
actively
enforced. It is
a general lien.
Active lien. It
can be
enforced by
execution. It is
a special lien.
Basis Lawful
possession of
funds, papers,
documents,
property
belonging to
client
Securing of a
favorable
money
judgment for
client
Coverage Covers only
funds, papers,
documents,
and property
in the lawful
possession of
the attorney by
reason of his
professional
employment
Covers all
judgments for
the payment of
money and
executions
issued in
pursuance of
such judgment
Effectivity As soon as the
lawyer gets
possession of
the funds,
papers,
documents,
property
As soon as the
claim for
attorneys fees
had been
entered into
the records of
the case
Notice Client need
not be notified
to make it
effective
Client and
adverse party
need to
notified to
make it
effective
Applicability May be
exercised
before
judgment or
execution, or
regardless
thereof
Generally, it is
exercisable
only when the
attorney had
already
secured a
favorable
judgment for
his client
Rule 16.04 - A lawyer shall not borrow money
from his client unless the clients 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 the
interest of justice, he has to advance
necessary expenses in a legal matter he is
handling for the client.
The relation of attorney and client is highly
fiduciary in nature and is of a very delicate,
exacting and confidential character. A lawyer is
duty-bound to observe candor, fairness and
loyalty in all his dealings and transactions with
his clients. The profession, therefore, demands
of an attorney an absolute abdication of every
personal advantage conflicting in any way,
directly or indirectly, with the interest of his
client. (Barnachea v. Quicho, 399 SCRA 1
(2003))
Canon 17
A lawyer owes fidelity to the cause of his
client and he shall be mindful of the trust
and confidence reposed in him.
A lawyer owes fidelity to the client's cause. His
highest and most unquestioned duty is to protect
the client at all hazards and costs even to
himself. The finest hours of the legal profession
were those where the lawyer stood by his client
even in the face and risk of danger to his person
or fortune. And his client can take comfort in the
thought that his lawyer will not abandon him
when his services are needed most.
(Agpalo)
When a lawyer takes a clients cause, he
thereby covenants that he will exert all effort
for its protection until its final conclusion.
The failure to exercise due diligence and the
abandonment of a clients cause make such a
lawyer unworthy of the trust which the client has
reposed 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 to
become his client. He has the right to decline
employment, except as prescribed in Canon 14
of the Code of Professional Responsibility. But
once he agrees to take up the cause of the
clientNo fear or judicial disfavor or public
unpopularity should restrain him from the
full discharge of his duty. (Santiago v. Fojas,
248 SCRA 68 (1995))
A lawyer who resorts to nefarious schemes to
circumvent the law and uses his legal knowledge
to further his selfish ends to the great prejudice
of others, poses a clear and present danger to
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the rule of law and to the legal system.
(Steimmark v. Mas AC No. 8010 (2009))
Canon 18
A lawyer shall serve his client with
competence and diligence.
Rule 18.01 - A lawyer shall not undertake a legal
service which he knows or should know that he
is not qualified to render. However he may
render such service if, with the consent of his
client, he can obtain as collaborating counsel a
lawyer who is competent on the matter.
When a lawyer accepts a case, whether for a fee
or not, his acceptance is an implied
representation:
1) that he possess the requisite degree of
academic learning, skill and ability in the
practice of his profession;
2) that he will exert his best judgment in the
prosecution or defense of the litigation
entrusted to him;
3) that he will exercise reasonable and ordinary
care and diligence in the pursuit or defense
of the case; and
4) that he will take steps as will adequately
safeguard his clients interests. (Islas v.
Platon, 47 Phil. 162)
However, whatever good intentions he may
have, a lawyer cannot ask another lawyer to
collaborate with him in a particular case
without the consent of the client. The fiduciary
nature of attorney-client relationship prohibits
this. (Aguirre)
Some cases involve specialized fields of law and
require special training. A lawyer should not
accept an undertaking in specific area of law
which he knows or should know he is not
qualified to enter. (Agpalo)
Rule 18.02 - A lawyer shall not handle any legal
matter without adequate preparation.
Lawyer should safeguard his clients rights and
interests by thorough study and preparation;
mastering applicable law and facts involved in a
case, regardless of the nature of the
assignment; and keeping constantly abreast of
the latest jurisprudence and developments in all
branches of the law. (Agpalo)
A lawyer should give adequate attention, care
and time to his cases. This is the reason why a
practicing lawyer should accept only so
many cases he can handle. Once he agrees to
handle a case, he should undertake the task
with dedication and care. If he should do any
less then he is not true to his oath as a lawyer.
(Legarda v. CA, G. R. No. 94457, March 18,
1991)
Rule 18.03 - A lawyer shall not neglect a legal
matter entrusted to him, and his negligence in
connection therewith shall render him liable.
If by reason of the lawyers negligence, actual
loss has been caused to his client, the latter
has a cause of action against him for
damages. However, for the lawyer to be held
liable, his failure to exercise reasonable care,
skill and diligence must be proximate cause of
the loss. (Callanta)
Every case a lawyer accepts deserves his full
attention, diligence, skill and competence,
regardless of its importance or whether he
accepts for a fee or free. By agreeing to be
someones counsel, he represents that he will
exercise ordinary diligence or that reasonable
degree of care and skill demanded of the
business he undertakes to do, to protect the
clients interests and take all steps or do all acts
necessary thereof (Uy v Tansinin [AC No. 8252
(July 21, 2009)].
Once lawyers agree to take up the cause of a
client, they owe fidelity to the cause and must
always be mindful of the trust and confidence
reposed in them. A client is entitled to the benefit
of any and every remedy and defense
authorized by law, and is expected to rely on
the lawyer to assert every such remedy or
defense (Garcia V. Bala [A.C. No. 5039(2005)].
Lawyers Negligence
GENERAL RULE: Client is bound by attorneys
conduct, negligence and mistake in handling
case or in management of litigation and in
procedural technique, and he cannot be heard to
complain that result might have been different
had his lawyer proceeded differently.
EXCEPTIONS:
1) Where it results in outright deprivation of
clients liberty or property or where interest
of justice so requires
2) Where error by counsel is purely technical
which does not affect substantially clients
cause
3) Ignorance, incompetence or inexperience of
lawyer is so great and error so serious that
client, who has good cause is prejudiced
and denied a day in court
4) Gross negligence of lawyer
5) Lack of acquaintance with technical part of
procedure.
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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 the
belated suit was filed, the defendant had
already become insolvent and recovery
could no longer be had. The lawyer was
declared liable to the client (Filinvest Land v.
CA, 182 SCRA 664(1990)).
o Failure to ascertain date of receipt from post
office of notice of decision resulting in the
non-perfection of the appellants appeal
(Joven-De Jesus v. PNB, 12 SCRA 447).
o Failure to file briefs within the reglementary
period (People v. Cawili, 34 SCRA
728(1970)).
o Failure to attend to trial without filing a
motion for postponement or without
requesting either of his two partners in the
law office to take his place and appear for
the defendants (Gaerlan v. Bernal, G.R. No.
L-4049, Jan. 28, 1952). Failure to appear at
pre-trial (Agravante v. Patriarca, 183 SCRA
113(1990)).
o Failure of counsel to notify clients of the
scheduled trial which prevented the latter to
look to another lawyer to represent them
while counsel was in the hospital (Ventura v.
Santos, 59 Phil. 123(1993)).
o Failure to appear simply because the client
did not go to counsels 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 by
counsels negligence:
o In the case of an irresponsible lawyer who
totally forgot about the case and failed to
inform his client of the decision, the
Supreme Court held that the client should
not be bound by the negligence of the
counsel. (Republic v. Arro, 150 SCRA
630(1987))
o A party is not bound by the actions of his
counsel in case the gross negligence of the
counsel resulted in the clients deprivation of
his property without due process (Legarda v.
Court of Appeals, 195 SCRA 418(1991)).
o Where there is something fishy and
suspicious about the actuations of the
former counsel of petitioners in the case at
bar, in the case he did not give any
significance at all to the processes of the
court, which has proven prejudicial to the
rights of said clients, under a lame and
flimsy explanation that the courts processes
just escaped his attention, it is held that the
said lawyer deprived his clients of their day
in court (PHHC v. Tiongco, 12 SCRA
471(1964)).
o Application of the rule, results in the outright
deprivation of ones property through a
technicality. (Escudero v. Dulay, 158 SCRA
69, 78(1988))
o In the case of an irresponsible lawyer who
totally forgot about the case and failed to
inform his client of the decision, the
Supreme Court held that the client should
not be bound by the negligence of the
counsel. (Republic vs. Arro, et al., 150
SCRA 630 (1987))
Rule 18.04 - A lawyer shall keep the client
informed of the status of his case and shall
respond within a reasonable period of time to the
clients request for information.
It was unnecessary to have complainants wait,
and hope, for six long years on their pension
claims. Upon their refusal to co-operate,
respondent should have forthwith terminated
their professional relationship instead of
keeping them hanging indefinitely. (Blanza v.
Arcangel, supra)
Canon 19
A lawyer shall represent his client with
zeal within the bounds of law.
Rule 19.01 - A lawyer shall employ only fair and
honest means to attain the lawful objectives of
his client and shall not present, participate in
presenting or threaten to present unfounded
criminal charges to obtain an improper
advantage
Related statutory basis:
Rule 138, Sec. 20(d). Duties of attorneys. It is
the duty of an attorney: to employ, for the
purpose of maintaining the causes confided to
him, such means only as are consistent with
truth and honor, and never seek to mislead the
judge or any judicial officer by an artifice or false
statement of fact or law.
Rule 19.02 - A lawyer who has received
information that his client has, in the course of
the representation, perpetuated a fraud upon a
person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he
shall terminate the relationship with such client
in accordance with the Rules of Court.
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Related rule: Canon 21. A lawyer should not
allow his client to perpetuate fraud. However, the
lawyer shall not volunteer the information about
the clients commission of the fraud to anyone
for that will run counter to his duty to maintain at
all times the clients confidences and secrets.
This rule merely requires the lawyer to terminate
his 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 to
dictate the procedure in handling the case.
Related statutory basis:
Rule 138, Sec. 23. Authority of attorneys to bind
clients. Attorneys have authority to bind their
clients in any case by any agreement in relation
thereto 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 receive
anything in discharge of a client's claim but the
full amount in cash.
As to substantial matter
Employment itself confers upon the attorney no
implied or apparent authority to bind the client on
substantial matters which the attorney may not
impair, novate, compromise, settle, surrender or
destroy without the clients consent or authority:
1. cause of action,
2. claim or demand sued upon
3. subject matter of the litigation
As to matters of law
In matters of law, the client should yield to the
lawyer (not the lawyer to the client) for the
lawyer is better trained and skilled in law. Also,
proceedings to enforce remedies are within the
exclusive control of the attorney.
A lawyer should seek instruction from his client
on any substantial matter concerning the
litigation which requires decision on the part of
the client (i.e. whether to compromise the case
or to appeal an unfavorable judgment). In
procedural matters, the client must yield to the
lawyer. (Agpalo)
Canon 20
A lawyer shall charge only fair and
reasonable fees.
Related statutory basis: Rule 138, Sec. 24.
Compensation of attorneys. An attorney shall be
entitled to have and recover from his client no
more than a reasonable compensation for his
services, with a view to the importance of the
subject matter of the controversy, the extent of
the services rendered, and the professional
standing of the attorney. No court shall be bound
by the opinion of attorneys as expert witnesses
as to the proper compensation, but may
disregard such testimony and base its
conclusion on its own professional knowledge. A
written contract for services shall control the
amount to be paid therefore unless found by the
court to be unconscionable or unreasonable.
RIGHT TO COMPENSATION
In the absence of an express contract [for
attorneys fee], payment of attorneys fees may
be justified by virtue of the innominate contract
of facio ut des (I do and you give) which is based
on 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 be
fully recompensed for his services. With his
capital consisting solely of his brains and his
skill, acquired at tremendous cost not only in
money but in the expenditure of time and
energy, he is entitled to the protection of any
judicial tribunal against any attempt on the part
of a client to escape payment of his fees.
(Albano v. Coloma, 21 SCRA 411 (1967))
Rule 20.01 - A lawyer shall be guided by the
following factors in determining his fees:
1) Time spent and the extent of the services
rendered or required
2) 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 the
service
8) Customary charges for similar services and
the schedule of fees of the IBP Charter to
which 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.
ATTORNEYS FEES
Ordinary
An attorneys fee is the reasonable compensation
paid to a lawyer for the legal services he has rendered
to a client. The basis of this compensation is the
fact of employment by the client.
Extraordinary
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An attorneys fee is an indemnity for damages ordered
by the court to be paid by the losing party to the
prevailing party in a litigation. The basis of this is any
of the cases authorized by law and is payable not to
the lawyer but to the client unless they have agreed
that the award shall pertain to the lawyer as additional
compensation or as part thereof. (Traders Royal Bank
Employees Union-Independent v. NLRC, G.R. No.
120592, March 14, 1997)
Factors of the value (Rule 138, Sec, 24)
1) the importance of the subject matter of
controversy;
2) the extent of the services rendered; and
3) the professional standing of the attorney.
Additionally, the court is not bound by the opinion of
attorneys as expert witness as to proper
compensation and that written contract shall control
the amount paid unless found by the court to be
unconscionable or reasonable.
According to jurisprudence, the court may also take
into consideration the clients capacity to pay.
Modes of payment:
o A fixed or absolute fee which is payable
regardless of the result of the case
o A contingent fee that is conditioned to the
securing of a favorable judgment and recovery of
money or property and the amount of which may
be on a percentage basis
o A fixed fee payable per appearance
o A fixed fee computed by the number of hours
spent
o A fixed fee based on a piece of work
o A combination of any of the above stipulated
fees.
Compensation to which Lawyer is Entitled
Depending on His Capacity
COUNSEL DE PARTE He is entitled to a
reasonable attorneys fees agreed upon or in the
absence thereof, on quantum meruit basis.
COUNSEL DE OFICIO The counsel may not
demand from the accused attorneys fees even if
he wins the case. He may however collect from
the government funds if available based on the
amount fixed by the court.
Rule 138, Sec. 32. Compensation for attorneys
de oficio. Subject to availability of funds as
may be provided by law the court may, in its
discretion, order an attorney employed as
counsel de oficio to be compensated in such
sum as the court may fix in accordance with
section 24 of this rule. Whenever such
compensation is allowed, it shall not be less than
P30 in any case, nor more than the following
amounts:
o P50 in light felonies;
o P100 in less grave felonies;
o P200 in grave felonies other than capital
offenses;
o P500 in capital offenses.
AMICUS CURIAE not entitled to attorneys
fees.
Counsel Cannot Recover Full Amount
Despite Written Contract
1) When the services were not performed, and
the lawyer withdrew before the case was
finished, he will be allowed only reasonable
fees
2) When there is justified dismissal of an
attorney, the contract will be nullified and
payment will be on quantum meruit basis
3) When the stipulated fees are
unconscionable
4) When the stipulated fees are in excess of
what is expressly provided by law
5) When the lawyer is guilty of fraud or bad
faith in the manner of his employment
6) When the counsels services are worthless
because of negligence
7) When the contract is contrary to laws,
morals, and good policies
The mere fact that an agreement had been
reached between attorney and client fixing the
amount of the attorney's fees, does not insulate
such agreement from review and modification by
the Court where the fees clearly appear to be
excessive or unreasonable. (Tanhueco v. De
Dumo, 172 SCRA 760 (1989))
QUANTUM MERUIT
Means as much as a lawyer deserves. Its essential
requisite is acceptance of the benefits by one sought
to be charged for services rendered under
circumstances as reasonably to notify him that lawyer
expects compensation.
Authorized when:
o there is no express contract for attorneys fees
agreed upon between the lawyer and the client;
o when although there is a formal contract of
attorneys fees, the stipulated fees are found
unconscionable or unreasonable by the court;
o when the contract for attorneys fees is void due
to purely formal matters or defects of execution;
o when the counsel, for justifiable cause, was not
able to finish the case to its conclusion;
o when lawyer and client disregard the contract of
attorneys fees
o when there is a contract but no stipulation as to
attorneys fees
Guides in Determining Attorneys Fees in Quantum
Meruit Basis
a) Time spent and Extent of the Services Rendered
A lawyer is justified in fixing higher fees when
the case is so complicated and requires more
time and efforts to finish it.
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b) Importance of Subject Matter The more
important the subject matter or the bigger value
of the interest or property in litigation, the higher
is the attorneys fee.
c) Novelty and Difficulty of Questions Involved
When the questions in a case are novel and
difficult, greater efforts, deeper study and
research, are bound to burn the lawyers time and
stamina considering that there are no local
precedents to rely upon.
d) Skill demanded of the Lawyer The totality of the
lawyers experience provides him the skill and
competence admired in lawyers.
CHAMPERTOUS CONTRACT
One where the lawyer stipulates with his client the
prosecution of the case that he will bear all the
expenses for the recovery of things or property
being claimed, and the latter pays only upon
successful litigation. Void for being against public
policy.
CONTINGENT CONTRACT
It is an agreement in which the lawyers fee, usually a
fixed percentage of what may be recovered in the
action, is made to depend upon the success in the
effort to enforce or defend the clients right. It is a
valid agreement. It is different from a champertous
contract in that the lawyer does not undertake to
shoulder the expenses of the litigation.
CONTINGENT CHAMPERTOUS
Contingent fee is payable
in cash.
Payable in kind only
Lawyers do not
undertake to pay all
expenses of litigation
Lawyers undertake to pay
all 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 a
division of fees in proportion to the work
performed and responsibility assumed.
NOTE: This is not in the nature of a brokers
commission.
Rule 20.03 - A lawyer shall not, without the full
knowledge and consent of the client, accept any
fee, reward, costs, commission, interest, rebate
or forwarding allowances or other compensation
whatsoever related to his professional
employment from any one other than the client.
Related statutory basis: Rule 138, sec. 20(e).
Duties of attorneys. It is the duty of an
attorney to accept no compensation in
connection with his client's business except
from him or with his knowledge and
approval.
RATIONALE:
This ensures protection of lawyers in collection
of fees. It is also designed to secure the lawyers
wholehearted fidelity to the clients cause and to
prevent that situation in which the receipt by him
of a rebate or commission from another in
connection with the clients cause may interfere
with the full discharge of his duty to the client.
The amount received by lawyer from opposite
party or third persons in the service of his client
belongs to the client except when the latter has
full knowledge and approval of lawyers taking
(Agpalo)
Rule 20.04 - A lawyer shall avoid controversies
with clients concerning his compensation and
shall resort to judicial action only to prevent
imposition, injustice or fraud.
Judicial actions to recover attorneys fees:
1) file an appropriate motion or petition as an
incident in the main action where he
rendered legal services;
2) file a separate civil action for collection of
attorneys fees.
Suits to collect fees should be avoided and only
when the circumstances imperatively require
should a lawyer resort to lawsuit to enforce
payment of fees. This is but a logical
consequence of the legal profession not
primarily being for economic compensation.
(Agpalo)
An attorney-client relationship can be created by
implied agreement, as when the attorney
actually rendered legal services for a person
who is a close friend. The obligation of such a
person to pay attorneys fees is based on the
law of contracts concept of facio ut des (no one
shall unjustly enrich himself at the expense of
others.) (Corpuz v. CA, 98 SCRA 424 (1980))
Canon 21
A lawyer shall preserve the confidence
and secrets of his client after the
attorney-client relationship is terminated.
Rule 138, 20(e). Duties of attorneys.It is the
duty of an attorney: (e) To maintain inviolate the
confidence, and at every peril to himself, to
preserve the secrets of his client, and to accept
no compensation in connection with his client's
business except from him or with his knowledge
and approval;
Rule 130, sec. 21(b). Privileged communication.
An attorney cannot, without the consent of his
client, be examined as to any communication
made by the client to him, or his advice given
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thereon in the course of professional
employment; nor can an attorney's secretary,
stenographer, or clerk be examined, without the
consent of the client and his employer,
concerning any fact the knowledge of which has
been acquired in such capacity.
Art. 209 Revised Penal Code. Betrayal of trust
by an attorney or solicitorRevelation of
secrets.In addition to the proper administrative
action, the penalty of prision correccional in its
minimum period, or a fine ranging from 200 to
1,000 pesos, or both, shall be imposed upon any
attorney-at-law or solicitor ( procurador judicial)
who, by any malicious breach of professional
duty or of inexcusable negligence or ignorance,
shall prejudice his client, or reveal any of the
secrets of the latter learned by him in his
professional capacity.
The same penalty shall be imposed upon an
attorney-at-law or solicitor (procurador judicial)
who, having undertaken the defense of a client
or having received confidential information from
said client in a case, shall undertake the defense
of the opposing party in the same case, without
the consent of his first client.
Duty to preserve client's confidence
Neither attorney nor client nor anyone who
stands in a peculiar relation of confidence
with either of them can be compelled to
disclose any privileged communication.
This canon also applies to prospective
clients. Formerly, in order that a
communication shall be privileged, the
attorney-client relationship should exist at
the time of communication. But at present,
communication made by prospective client
is covered for as long as it is made to the
lawyer in his professional capacity.
Duration of duty
The lawyers duty to maintain inviolate his
clients confidence is perpetual. It outlasts
even the lawyers employment. He may not
do anything which will injuriously affect his
former client nor may he at any time
disclose or use against him any knowledge
or information acquired by virtue of
professional relationship.
Similarly and as a general rule, the
protection of the attorney and client
privilege is perpetual.
However, some privileged communications
lose their privileged character by some
supervening act done pursuant to the
purpose of the communication (e.g. a
communication intended by the client to be
sent to a third person through his attorney
loses confidential character once it reached
the third party).
The privilege is intended primarily to protect
client and incidentally in consideration for
oath and honor of attorney. Hence, the work
product of the lawyer, including his effort and
researches, contained in his files is
confidential even after his death. Contents of
lawyers files may not be disclosed without a
clients consent.
Reason for the rule
This duty exists because unless the client
knows that his attorney cannot be compelled
to reveal what is told to him, he will suppress
what he thinks to be unfavorable and the
advice which follows will be useless if not
misleading.
The purpose of the attorney-client privilege
is to encourage a client to make full
disclosure to his attorney and to place
unestricted confidence in him in matters
affecting his rights or obligations.
Confidentiality
A confidential communication refers to
information transmitted by voluntary act of
disclosure between attorney and client in
confidence and by means which so far as
the client is aware, discloses the information
to no third person other than one reasonably
necessary for the transmission of the
information or the accomplishment of the
purpose for which it was given.
There is a difference between confidences
and secrets of clients. While confidences
refer to information protected by attorney-
client privilege under the Revised Rules of
Court (information pertinent to the case
being handled), secrets are those other
information gained in the professional
relationship that the client has requested to
be held inviolate or the disclosure of which
would be embarrassing or would likely be
detrimental to client (information not exactly
pertinent to case).
The intent of client to make communication
confidential must be apparent. But once
conveyed to lawyer, confidentiality attaches
not only to statements but also to other
forms of communication.
Embraces not only oral or written statements
but actions, signs or other means of
communications.
Communication may be transmitted by any
form of agency, such as a messenger, an
interpreter or any other form of transmission.
It is immaterial whether the agent is the
agent of the attorney, the client or both.
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Requisites for Privilege Communication to
Attach
The person to whom information is given is
a lawyer. No attorney-client relation when
person is not a lawyer, even if such person
undertakes to perform legal services.
Exception: if a person is pretending to be a
lawyer and client discloses confidential
communications, the attorney-client privilege
applies.
There is legal relationship existing (may be
disregarded for prospective clients)
Legal advice must be sought from the
attorney in his professional capacity with
respect to communications relating to that
purpose. Not privileged if advice is not
within lawyers professional capacity
Some privileged communication may lose
privileged character. Client must intend the
communication be confidential.
Question of privilege determined by court.
The burden of proof is on the party who
asserts the privilege.
Persons Entitled to claim Privilege
Generally, the attorney-client privilege
covers the lawyer, client and third persons
who by reason of their work have acquired
information about the case being handled.
This includes the following: (1) attorneys
secretary, stenographer and clerk; (2)
interpreter, messengers, or agents
transmitting communication (3) an
accountant, scientist, physician, engineer
who has been hired for effective
consultation.
Assignee of the client's interest may claim
the privilege as far as the the
communication affects the realization of the
assigned interest.
Identification of client privilege extends when
the ff are not present:
(1) commencement of litigation on behalf of
the client,
(2) identification relating to employment of
3
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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 contracts
relating to attorneys 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 services
have been secured by a client as part of his
communication to his attorney or by the
attorney to assist him render effective legal
assistance to his client
records concerning an accident in which a
party is involve
consultation which has to do the preparation
of a client to take the witness stand
Genato v. Silapan 453 Phil. 910 (2003)
Facts:
Atty. Silapan and Genato had an attorney-client
relationship. Genato filed charges against
Silapan due to the latters failure to pay
amortization fees. Silapan alleged in his answer
that Genato is a businessman in real estate
business, who traded and buys and sells
deficiency taxed imported cars, provides shark
loan and engages in other shady deals. He also
alleged that Genato has many pending cases
and had attempted to bribe officials to lift the
case. 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 owes
fidelity to the cause of his client and shall be
mindful of the trust and confidence reposed on
him. The rule is that an attorney is not permitted
to disclose communications made to him in his
professional character by a client, unless the
latter consents. This obligation to preserve the
confidences and secrets of a client arises at the
inception of their relationship. The protection
given to the client is perpetual and does not
cease with the termination of the litigation nor is
it affected by the partys ceasing to employ the
attorney and retaining another, or by any other
change of relation between them. It even
survives the death of the client.
It must be stressed, however, that the privilege
against disclosure of confidential
communications or information is limited only to
communications which are legitimately and
properly within the scope of a lawful employment
of a lawyer. It does not extend to those made in
contemplation 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 a
crime. Thus, the attorney-client privilege does
not attach, there being no professional
employment in the strict sense.
Nevertheless, respondents explanation that it
was necessary for him to make the disclosures
in his pleading fails to satisfy the Court. The
disclosures were not indispensable to protect his
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rights, as they were not pertinent to the
foreclosure case. It was improper for the
respondent to use it against the complainant in
the foreclosure case as it was not the subject
matter of litigation therein and respondents
professional competence and legal advice were
not being attacked in said case.
Hilado v. David 83 Phil 569 (1949)
Facts:
Prior to Atty Franciscos rendering of legal
service to Assad (defendant) , Hilado (plaintiff)
consulted the same lawyer and even presented
him with documents about case against Assad.
Hilado and her counsel want Francisco
disqualified as counsel for Assad. The SC found
that an attorney-client relationship existed
between Hilado and Francisco and that the latter
had violated the confidence of client.
Held:
To constitute professional employment it is not
essential that the client should have employed
the attorney professionally on any previous
occasion. If a person, in respect to his business
affairs or troubles of any kind, consults with his
attorney in his professional capacity with the
view to obtaining professional advice or
assistance, and the attorney voluntarily permits
or acquiesces in such consultation, then the
professional employment must be regarded as
established. Information so received is sacred to
the employment to which it pertains, and to
permit to be used in the interest of another, or,
worse still, in the interest of the adverse party, is
to strike at the element of confidence which lies
at the basis of, and affords the essential security
in, the relation of attorney and client.
Rationale behind this prohibition: not only to
prevent the dishonest practitioner from
fraudulent conduct, but also to protect the
honest lawyer from unfounded suspicion of
unprofessional practice. It is founded on
principles of public policy, on good taste. The
question is not necessarily one of the rights of
the parties, but as to whether the attorney has
adhered to proper professional standard.
Rule 21.01 A lawyer shall not reveal the
confidence or secrets of his client except:
a. When authorized by the client after
acquainting him of the consequences of the
disclosure;
b. When required by law;
c. When necessary to collect his fees or to
defend himself, his employees or associates
or by judicial action.
A lawyer becomes familiar with all the facts
connected with his clients case. Such
knowledge must be considered sacred and
must be guarded with care to ensure the
confidence of the client is not abused. Only
when client consents will a lawyer be
allowed to make use of said information.
Use of said information, whether privileged
or not, is prohibited if it is to the:
a) disadvantage of the client;
b) lawyers advantage;
c) advantage of third persons.
A lawyer may not disclose any information
concerning the clients case, which he
acquired from the client in confidence, other
than what may be necessary to prosecute or
defend his clients cause.
In fact, loyalty to the court may not override
this privilege as said loyalty involves
steadfast maintenance of principles which
the courts themselves have evolved for the
effective administration of justice; one of
these principles is that of preservation of
clients confidence communicated to lawyer
in his professional capacity. Breach of this
fidelity is sufficient to warrant disciplinary
sanction against the lawyer.
If a lawyer manages to acquire information
regarding the opposing partys cause, he
must withdraw
Client may not make communications to
opposing counsel to silence him (such
communication is not privileged)
If corporate client, secret of 1 corporate
officer may be disclosed to directors but not
to others
Involves a balancing of loyalties (e.g. client
committed perjury, should lawyer disclose?)
Exceptions to the General Rule
(These exceptions to the general rule are found
in Rule 21.01.)
1. When authorized by the client after
acquanting him of the consequences of the
disclosure
A waiver of the privilege must be made
in entirety. A client may waive protection
of privilege through lawyer except where
the controversy involves the attorneys
relation with his client. In such case,
only the client may waive privilege.
Consent given by client to lawyers
secretary (staff/employees) will not give
him/her the right to reveal confidences.
Lawyers consent is necessary.
2. When required by law
A lawyer may disclose commission of
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contemplated crimes or perpetuation of
fraud considering that professional
relationship should only be for lawful
purposes. A person who is committing a
crime or is about to commit a crime can
have no privileged witness. For the
application of the privilege to attach, the
period to be considered is the date when
the privileged communication was made
by the client to the attorney in relation to
either a crime committed in the past or
with respect to a crime intended to be
committed 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 pay
his fees, client waives privilege in favor
of lawyer who may disclose so much of
clients confidences as may be
necessary to protect himself or to collect
fees. It must be noted that a client may
not 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 the
disadvantage of his client, use information
acquired in the course of employment, nor shall
he use the same to his advantage or that of a
third person, unless the client with full
knowledge of the circumstances consents
thereto.
A lawyer must have the fullest confidence of
his client. If confidence is abused, as by the
use by the lawyer of the client's secrets
against his client, the profession will suffer
by the loss thereof.
Rule 21.03 A lawyer shall not, without the
written consent of his client, give information
from his files to an outside agency seeking such
information 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 privileged
matters.
Neither the lawyer nor, after his death, his
heir, or legal representative may properly
disclose the contents of such file cabinet
without clients consent
Rule 21.04 A lawyer may disclose the affairs
of a client of the firm to partners or associates
thereof unless prohibited by the client.
Rule 21.05 A lawyer shall adopt such
measures as may be required to prevent those
whose services are utilized by him, from
disclosing or using confidences or secrets of the
client.
Professional employment of a law firm is
equivalent to retainer of the members
thereof even though only one partner is
consulted. When one partner tells another
about the details of the case, it is not
considered as disclosure to third persons
because members of a law firm are
considered as one entity.
The clients secrets which clerical aids of
lawyers learn of in the performance of their
services are covered by privileged
communication. It is the duty of lawyer to
ensure that this is being followed. The
prohibition against a lawyer from divulging
the confidences and secrets of his clients
will become futile exercise if his clerical aids
are given liberty to do what is prohibited of
the lawyer. (EX. Signing of confidentiality
contract)
Rule 21.06 A lawyer shall avoid indiscreet
conversation about a clients affairs even with
members of his family.
A lawyer must not only preserve the
confidences and secrets of his clients in his
law office but also outside including his
home. He should avoid committing
calculated indiscretion, that is, accidental
revelation of secrets obtained in his
professional employment. Reckless or
imprudent disclosure of the affairs of his
clients may jeopardize them. Not every
member of the lawyers family has the
proper orientation and training for keeping
clients confidences and secrets.
Rule 21.07 A lawyer shall not reveal that he
has been consulted about a particular case
except to avoid possible conflict of interests.
Rule 15.01. A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable whether the matter would involve a
conflict with another client or his own interest,
and if so, shall forthwith inform the prospective
client.
Rule 14.03. A lawyer may refuse to accept
representation of an indigent client if:
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a.) he is not in a position to carry out the work
b.) he labors under a conflict of interests
prospective client.
This rule clarifies that privilege
communication applies even to prospective
clients. The disclosure and the lawyer's
opinion thereon create an attorney-client
relationship, even though the lawyer does
not eventually accept the employment or the
prospective client did not thereafter actually
engage the lawyer. By the consultation, the
lawyer already learned of the secrets of
prospective client. It is not fair if he will not
be bound by the rule on privileged
communication in respect of matters
disclosed to him by a prospective client.
This rule, of course, is subject to exception
of representation of conflicting interests.
In relation to conflict of interest, the lawyer
should ascertain as soon as practicable
whether the matter would involve a conflict
of interest with his other client or with his
own.
A lawyer shall not reveal the confidence or
secrets of his client except:
a. When authorized by the client after
acquainting him of the consequences of the
disclosure;
b. When required by law;
c. When necessary to collect his fees or to
defend himself, his employees or associates
or by judicial action.
Canon 22
A lawyer may withdraw his services only
for good cause and upon notice
appropriate in the circumstances.
Termination of Attorney-Client Relation
1) Withdrawal of lawyer under Rule 22.01
2) Death of the lawyer
3) Disbarment or suspension of the lawyer
from the practice of law
4) Declaration of presumptive death of lawyer
5) Conviction of a crime and imprisonment of
lawyer
6) Discharge or dismissal of the lawyer by the
client
7) Appointment or election of a lawyer to a
government position which prohibits private
practice 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 to
terminate at any time with or without just
cause.
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 court
and adverse party
MONTANO V. IBP 358 SCRA 1 (2001)
The parties in this case agreed upon attorneys
fees in the amount of P15,000, 50% of which
was payable upon acceptance of the case and
the remaining balance upon the termination of
the case. Accordingly, complainant Montano
paid Atty. Dealca the amount of P7,500. But
even before Atty. Dealca had prepared the
appellants brief and contrary to their agreement,
Atty. Dealca demanded an additional payment
from complainant. Montano was able to pay
4,000. Before filing the appellant's brief, Atty
Dealco demanded the payment once again.
When complainant was unable to pay, lawyer
withdrew his appearance as complainants
counsel without his prior knowledge and/or
conformity.
Held: Although a lawyer may withdraw his
services when the client deliberately fails to pay
the fees for the services, under the
circumstances of the present case, Atty.
Dealcas withdrawal was unjustified as
complainant did not deliberately fail to pay him
the attorneys fees. In fact, complainant exerted
honest efforts to fulfill his obligation.
Rule 22.01 - A lawyer may withdraw his services
in any of the following case:
o When the client pursues an illegal or
immoral course of conduct in connection
with the matter he is handling;
o When the client insists that the lawyer
pursue conduct violative of these canons
and rules;
o When his inability to work with co-counsel
will not promote the best interest of the
client;
o When the mental or physical condition of the
lawyer renders it difficult for him to carry out
the employment effectively;
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o When the client deliberately fails to pay the
fees for the services or fails to comply with
the retainer agreement;
o When the lawyer is elected or appointed to
public office; and
o Other similar cases.
Rule 22.02 - A lawyer who withdraws or is
discharged shall, subject to a retainer lien,
immediately turn over all papers and property to
which the client is entitled, and shall cooperate
with his successor in the orderly transfer of the
matter, including all information necessary for
the proper handling of the matter.
Conditions for the Substitution of Counsel
1) Written request for substitution
2) Written consent of client
3) Written consent of the attorney to be
substituted or in the absence, proof of
service of notice of said motion to the
attorney to be substituted
OBANDO V. FIGUERAS 322 SCRA 148 (2000)
The lawyer, Atty. Yuseco , who filed a motion,
was allegedly no longer Eduardo Figueras'
counsel.
Held: The court held that Atty. Yuseco was still
Eduardo's counsel of record. Representation
continues until the court dispenses with the
services of counsel in accordance with Section
26, Rule 138 of RoC. Counsel may be
substituted only with the ff requisites: (1) new
counsel files a written application for
Substitution; (2) the clients written consent is
obtained; (3) the written consent of the lawyer to
be substituted is secured. Moreover, at the
discretion of the court, a lawyer who has been
dismissed by a client is allowed to intervene in a
case in order to protect the clients rights.
LEGAL ETHICS AND FORMS REVIEWER Chapter III. DISCIPLINE OF LAWYERS
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Chapter III. Discipline of Lawyers
I. LIABILITIES OF LAWYERS
II. POWER TO DISCIPLINE ERRANT LAWYERS
A. Forms Of Disciplinary Measures
B. Suspension And Disbarment
C. Procedure For Suspension/ Disbarment Of
Attorneys By The IBP
D. Procedure For Suspension/ Disbarment Of
Attorneys By The Supreme Court Motu
Proprio
E. Imposition Of Penalties In The Supreme
Court
III. MODIFYING CIRCUMSTANCES
A. Mitigating Circumstances
B. Aggravating Circumstances
C. Effect Of Executive Pardon
IV. REINSTATEMENT
I. Liabilities of Lawyers
CIVIL LIABILITY
Client is prejudiced by lawyers negligence
and misconduct.
Breach of fiduciary obligation
Civil liability to third persons
Libelous words in pleadings; violation of
communication privilege
Liability for costs of suit (treble costs)
when lawyer is made liable for insisting on
clients patently unmeritorious case or
interposing appeal merely to delay litigation
CRIMINAL LIABILITY
Prejudicing client through malicious breach
of professional duty
Revealing client secrets
Representing adverse interests
Introducing false evidence
Misappropriating clients funds (estafa)
Libel except if statements are connected
with the relevant, pertinent, and material to
the cause in hand or the subject of the
inquiry
COSTS OF SUIT
GENERAL RULE: Losing client and not the
lawyer is liable for costs, since the lawyer is not
a party-litigant
EXCEPTION: When the lawyer insisted on
clients patently unmeritorious case the court
may adjudge lawyer to pay treble costs of suit
CONTEMPT OF COURT
It is exercised on preservative and not on vindictive
principles and on corrective rather than the retaliatory
idea of punishment. It is criminal in nature.
The power to punish for contempt is inherent in all
courts. It is essential in the observance of order in
judicial proceedings and to enforce judgment, orders
and writs.
Kinds of Contempt
Direct Contempt
Consists of misbehavior in the presence of or near a
court or judge as to interrupt or obstruct the
proceedings before the court or the administration of
justice.
Indirect or Constructive Contempt
One committed away from the court involving
disobedience of or resistance to a lawful writ, process,
order, judgment or command of the court, tending to
belittle, degrade, obstruct, interrupt or embarrass the
court.
Civil contempt
Failure to do something ordered by the court which is
for the benefit of the party.
Criminal contempt
Consists of any conduct directed against the authority
or dignity of the court.
Acts of a Lawyer Constituting Contempt
o Misbehavior as officer of court
o Disobedience or resistance to court order
o Abuse or interference with judicial proceedings
o Obstruction in administration of justice
o Misleading courts
o Making false allegations, criticisms, insults, veiled
threats against the courts
o Aiding in unauthorized practice of law
(suspended or disbarred)
o Unlawful retention of clients funds
o Advise client to commit contemptuous acts
II. Power to Discipline Errant Lawyers
Statutory Basis
Rule 138, Sec. 27. The Supreme Court has the
full authority and power to (WARDS)
WARN
ADMONISH
REPRIMAND
SUSPEND and
DISBAR a lawyer
Rule 139-B, Sec. 16. The Court of Appeals and
the Regional Trial Courts are also empowered to
WARN
ADMONISH
REPRIMAND and
SUSPEND an attorney
who appears before them from the practice of
law for any of the causes mentioned in Rule 138,
Sec. 27.
A. Forms of Disciplinary Measures
1) Warning an act or fact of putting one on
his guard against an impending danger, evil
consequences or penalties.
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2) Admonition a gentle or friendly reproof,
mild rebuke, warning or reminder,
counseling, on a fault, error or oversight; an
expression of authoritative advice.
3) Reprimand a public and formal censure or
severe reproof, administered to a person in
fault by his superior officer or a body to
which he belongs.
- imposed on a minor infraction of the
lawyers duty to the court or client
4) Suspension a temporary withholding of a
lawyers right to practice his profession as a
lawyer for a certain period or for an indefinite
period of time.
a. Definite
b. Indefinite qualified disbarment; lawyer
determines for himself for how long or
how short his suspension shall last by
proving to court that he is once again fit
to resume practice of law.
5) Censure official reprimand.
6) Disbarment It is the act of the Philippine
Supreme Court in withdrawing from an
attorney the right to practice law. The name
of the lawyer is stricken out from the roll of
attorneys.
B. Suspension and Disbarment
SUSPENSION AND DISBARMENT
Disciplinary proceedings against lawyers are sui
generis: neither purely civil nor purely criminal. It is
notand does not involvea trial of an action or a
suit, but is rather an investigation by the Court in the
conduct of its officers. Not being intended to inflict
punishment, it is no sense a criminal prosecution.
Accordingly, there is neither a plaintiff nor a
prosecutor. x x x Public interest is its primary
objective, and the real question for determination is
whether or not the attorney is still a fit person to be
allowed the privileges as such. (In Re: Almacen,
supra)
Nature of Proceedings:
o Neither a civil action nor a criminal proceeding;
o Sui generis, it is a class of its own since it is
neither civil nor criminal Confidential in nature
o Defense of double jeopardy is not available
o Can be initiated by the SC, motu proprio, or by
the IBP. It can be initiated without a complaint.
o Can proceed regardless of interest of the
complainants
o Imprescriptible
o It is itself due process of law
Objectives of Suspension and Disbarment:
o To compel the attorney to deal fairly and honestly
with his clients;
o To remove from the profession a person whose
misconduct has proved him unfit to be entrusted
with the duties and responsibilities belonging to
the office of an attorney;
o To punish the lawyer;
o To set an example or warning for the other
members of the bar;
o To safeguard the administration of justice from
dishonest and incompetent lawyers;
o To protect the public;
Grounds for Disbarment:
1) Deceit
2) Malpractice, or other gross misconduct in office
any malfeasance or dereliction of duty committed
by a lawyer
3) Grossly immoral conduct
4) Conviction of a crime involving moral turpitude
5) Violation of oath of office
6) Willful disobedience of any lawful order of a
superior court
7) Corruptly or willfully appearing as an attorney for
a party to case without an authority to do so
Broadly speaking, the grounds for disbarment or
suspension of a lawyer consist of those acts of
misconduct before and after his admission to
practice.
But this enumeration is not exclusive
May be disciplined or suspended for ANY
misconduct in his professional or private capacity
which shows him to be wanting in moral
character
Officers Authorized to Investigate Disbarment Cases:
Supreme Court
IBP through its Commission on Bar Discipline or
authorized investigators
Office of the Solicitor General
The statutory enumeration of the grounds for
disbarment or suspension is not to be taken as a
limitation on the general power of courts to
suspend or disbar a lawyer. The inherent
power of the court over its officers cannot be
restricted. (Quingwa v. Puno, Admin. Case No.
398, Feb. 28, 1967)
Disbarment should not be decreed where any
punishment less severe such as reprimand,
suspension or fine would accomplish the end
desired. (Amaya v. Tecson, 450 SCRA 510)
In disbarment proceedings, the burden of proof
is upon the complainant and this court will
exercise its disciplinary power only if the
complainant establishes his case by clear,
convincing and satisfactory evidence. (Aquino v.
Mangaoang, 425 SCRA 572)
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C. Procedure for Suspension or Disbarment
of Attorneys by the IBP
D. Procedure for Suspension or Disbarment
of Attorneys (Rule 139-B) by the Supreme
Court Motu Propio
E. Imposition of Penalties in the Supreme
Court
Suspension
By division one year or less
En banc more than one year
Fine Division P10,000 or less
En banc more than P10,000
In case of two or more suspensions: Service will
be successive, not simultaneous.
IBP
Motu
Propio
VERIFIED COMPLAINT
TO THE IBP
Complaint must be:
In writing
Stating facts
complained of
Shall appoint an investigator and notify
respondent within two days from receipt
RESPONDENTS ANSWER:
Within 15 days from notice
INVESTIGATION
1) Investigator may issue subpoenas
2) Provide respondent with opportunity to be
heard.
3) May proceed with investigation ex parte
should respondent be unable to comply.
REPORT
Submitted not later than 30 days from
termination of investigation. Contains:
1) Findings of facts
2) Recommendation
Disbar
Suspend
Dismiss
SUPREME COURT FOR JUDGMENT
Supreme Court shall refer the case to an
investigator
Respondent must answer (within 15 days)
REPORT to be submitted not later than 30
days from investigations termination.
REPORT MUST CONTAIN
Findings 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 on
attendance of mitigating or aggravating
circumstance.
presence of mitigating circumstances may
justify suspension instead of disbarment, and
censure or reprimand instead of suspension
inverse rule may apply where aggravating
circumstances are present
A. Mitigating Circumstances
o Good Faith in the acquisition of a
property of the client subject of the
litigation (In Re: Ruste, 70 Phil 243)
o Youth & inexperience of a lawyer
o Old Age & long membership (may also
be an aggravation depending on the
circumstance)
o Apology
o Lack of Intention to slight or offend the
court
o Lack of material damage to complaining
witness
o Desistance of complainant
o Error in judgment
o First offense
o Honest & efficient service in various
government positions
o Clean record of professional
responsibility in the past
B. Aggravating Circumstances
o Abuse of authority or of attorney-client
relationship
o sexual intercourse with a relative
o charge of gross immorality
o Previous dismissal as member of the
bar
o Defraud upon the government
o Use of knowledge or information,
acquired in the course of a previous
professional employment, against a
former client
C. Effect of Executive Pardon
1. Conditional
The disbarment case will not be dismissed
on the basis thereof.
2. Absolute, before conviction
The disbarment case will be dismissed.
Absolute pardon by the President may wipe
out conviction as well as offense itself and
the grant thereof in favor of a lawyer is a bar
to a proceeding for disbarment against him
based solely on commission of such
offense.
The reason is that the respondent lawyer,
after the absolute pardon, is as guiltless and
innocent as if he never committed the
offense at all.
3. Absolute, after conviction
If absolute pardon is given to lawyer after
being disbarred for conviction of a crime, it
does not automatically entitle him to
reinstatement to the bar. It must be shown
by evidence aside from absolute pardon that
he is now a person of good moral character
and fit and proper person to practice law. In
case of a conditional pardon, there will be a
remission of unexpired period of sentence.
IV. Reinstatement
It is the restoration in disbarment proceedings to
a disbarred lawyer the privilege to practice law.
Statutory basis: 1987 Constitution, Art. VIII, Sec.
5(5). The power of the Supreme Court to
reinstate is based on its constitutional
prerogative to promulgate rules on the
admission of applicants to the practice of law.
this is an exclusive authority
In order that there is reinstatement, the following
must be taken into consideration:
o the applicants 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 he
has been sufficiently punished and
disciplined (Prudential Bank v. Benjamin
Grecia, 192 SCRA 381)
o applicants appreciation of significance of his
dereliction and his assurance that he now
possesses 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 required
fourth year review classes in a recognized law
school. (Cui v. Cui, supra; In Re: Rusiana, 56
SCRA 240)
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The sole object of the court is to determine
whether or not the applicant has satisfied and
convinced the court by positive evidence that the
effort he has made toward the rehabilitation of
his character has been successful. (In re
Rusiana, 56 SCRA 240)
A PREVIOUSLY DISBARRED LAWYER who is
given absolute pardon by the President is not
automatically reinstated, he must still file a
petition for reinstatement with the SC.
Condition for Reinstatement:
A lawyer who has been suspended or disbarred
may be reinstated when the SC is convinced
that he has already possessed the requisites of
probity and integrity necessary to guarantee his
worth to practice his possession.
To be reinstated to the practice of law, it is
necessary that the respondent must like any
other candidate for admission to the bar,
satisfy the Court that he is a person of good
moral character and a fit and proper person to
practice 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 any
other lawyer;
3) Lawyer must comply with the conditions
imposed on his readmission.
NOTE: Good moral character is not only a
condition precedent to admission to the practice
of 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: INDEPENDENCE
II. CANON 2: INTEGRITY
III. CANON 3: IMPARTIALITY
IV. CANON 4: PROPRIETY
V. CANON 5: EQUALITY
VI. CANON 6: COMPETENCE AND DILIGENCE
JUDICIAL ETHICS
Branch of moral science which treats of the right and
proper conduct to be observed by all judges and
magistrates in trying and deciding controversies
brought to them for adjudication which conduct must
be demonstrative of impartiality, integrity,
competence, independence and freedom from
improprieties.
JUDGE
A public officer who, by virtue of his office, is clothed
with judicial authority, a public officer lawfully
appointed to decide litigated questions in accordance
with law.
DE JURE JUDGE
One who is exercising the office of judge as a matter
of right; an officer of a court who has been duly and
legally appointed, qualified and whose term has not
expired.
DE FACTO JUDGE
An officer who is not fully invested with all the powers
and duties conceded to judges, but is exercising the
office of a judge under some color of right.
Qualifications of SC members:
1. Natural born citizen
2. At least 40 years of age
3. 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 citizen
2. At least 35 years of age
3. For at least 10 years has been engaged in
the practice of law in the Philippines or has
held public office requiring admission to the
practice 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 in
the practice of law in the Philippines or has
held public office requiring admission to the
practice of law as an indispensable
requisite.
NEW CODE OF JUDICIAL CONDUCT
(Bangalore Draft)
Independence
Integrity
Impartiality
Propriety
Equality
Competence and Diligence
I. Independence
CANON 1 - JUDICIAL INDEPENDENCE IS A
PRE-REQUISITE TO THE RULE OF LAW AND
A FUNDAMENTAL GUARANTEE OF A FAIR
TRIAL. A JUDGE SHALL THEREFORE
UPHOLD AND EXEMPLIFY JUDICIAL
INDEPENDENCE IN BOTH ITS INDIVIDUAL
AND INSTITUTIONAL ASPECTS.
MEMORY AID FOR SECTIONS UNDER CANON1:
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 judicial
function independently on the basis of their
assessment of the facts and in accordance with
a conscientious understanding of the law, free of
any extraneous influence, inducement, pressure,
threat or interference, direct or indirect, from any
quarter or for any reason.
A judge found defendants guilty beyond
reasonable doubt of the crime of Rape with
Homicide. However, he sentenced the accused
with reclusion perpetua instead of the death, as
unequivocally required by RA 7659. A court of
law is no place for a protracted debate on the
morality or propriety of the sentence, where
the law itself provides for the sentence of
death as a penalty in specific and well-
defined instances. (People v. Veneracion, 249
SCRA 244 (1995))
Mass media has its duty to fearlessly but
faithfully inform the public about events and
persons. However, when a case has received
wide and sensational publicity, the trial court
should be doubly careful not only to be fair
and impartial but also to give the appearance
of complete objectivity in its handling of the
case. (Go v. Court of Appeals, 206 SCRA 165)
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Sec. 2. In performing judicial duties, Judges
shall be independent from judicial colleagues in
respect of decisions which the judge is obliged
to make independently.
The discretion of the Court to grant bail must
be based on the Courts determination as to
whether or not the evidence of guilt is
strong.
This discretion may be exercised only after the
evidence has been submitted at the summary
hearing conducted pursuant to Sec. 7 of Rule
114 of the Rules. Respondents admission that
he granted bail to an accused upon the request
of a Congressman, despite his belief that the
evidence of guilt against said is strong, is indeed
reprehensible. (Tahil v. Eisma, 64 SCRA 378
(1975))
Sec. 3. Judges shall refrain from influencing
in 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 conduct
or judgment. The prestige of judicial office
shall not be used or lent to advance the
private interests of others, nor convey or
permit others to convey the impression that they
are in a special position to influence the judge.
J udges family includes a judges spouse,
son, daughter, son-in-law, daughter-in-law, and
any other relative by consanguinity or affinity
within the sixth civil degree, or person who is
a companion or employee of the judge and who
lives in the judges household. (Definitions,
Bangalore Draft)
Constant company with a lawyer tends to breed
intimacy and camaraderie to the point that favors
in the future may be asked from respondent
judge which he may find hard to resist. The
actuation of respondent Judge of eating and
drinking in public places with a lawyer who has
pending cases in his sala may well arouse
suspicion in the public mind, thus tending to
erode the trust of the litigants in the impartiality
of the judge. (Padilla v. Zantua, 237 SCRA 670
(1994))
Sec. 5. Judges shall not only be free from
inappropriate connections with, and influence by,
the executive and legislative branches of
government, but must also appear to be free
therefrom to a reasonable observer.
While it is true that Justice Sabio could not have
possibly known prior to his brother's call that his
brother intended to speak to him about the
Meralco-GSIS case, the fact remains that
Justice Sabio continued to entertain a call from
his brother, who also happens to be an officer of
the executive branch, despite realizing that the
conversation was going to involve a pending
case. Justice Sabio asks the Court if he should
have immediately slammed the phone on his
brother. Certainly, such boorish behavior is not
required. However, as soon as Justice Sabio
realized that his brother intended to discuss a
case pending before him or in his division,
Justice Sabio should have respectfully but firmly
ended the discussion.That Justice Sabio did
not do as his brother asked is of no moment.
Section 5, Canon 1 of the Code of Judicial
Conduct maintains such a high bar of ethical
conduct that actual influence is not a
prerequisite before a violation is deemed
committed. If a magistrate's actions allow even
just the appearance of being influenced, it is
deemed a violation. (Re: Letter of Presiding
Justice Conrado M. Vasquez, Jr. A.M. No. 08-8-
11-CA)
Sec. 6. Judges shall be independent in
relation to society in general and in relation to
the particular parties to a dispute which he or
she has to adjudicate.
[Respondents] act of sending a member of his
staff to talk with complainant and show copies of
his draft decisions, and his act of meeting with
litigants outside the office premises beyond
office hours violate the standard of judicial
conduct 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 uphold
safeguards for the discharge of judicial
duties in order to maintain and enhance the
institutional and operational independence of the
judiciary.
Sec. 8. Judges shall exhibit and promote high
standards of judicial conduct in order to reinforce
public confidence in the judiciary which is
fundamental to the maintenance of judicial
independence.
[A judge] should always be imbued with a high
sense of duty and responsibility in the discharge
of his obligation to promptly and properly
administer justice. He must view himself as a
priest for the administration of justice is akin
to a religious crusade. (Dimatulac et al v.
Villon, 297 SCRA 679)
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II. Integrity
CANON 2 INTEGRITY IS ESSENTIAL NOT
ONLY TO THE PROPER DISCHARGE OF THE
JUDICIAL OFFICE BUT ALSO TO THE
PERSONAL DEMEANOR OF JUDGES.
MEMORY AID FOR SECTIONS UNDER CANON 2:
Conduct above reproach (Sec. 1)
Reaffirm peoples faith (Sec. 2)
Disciplinary action (Sec. 3)
Sec. 1. Judges shall ensure that not only is their
conduct above reproach, but that it is perceived
to be so in the view of a reasonable observer.
Respondent judge was also at fault for his
shortness of temper and impatience, contrary
to the duties and restriction imposed upon him
by reason of his office. He failed to observe the
proper decorum expected of judicial officers.
Judicial officers are given contempt powers
so that they can remind counsels of their
duties in court without being arbitrary,
unreasonable or unjust. Respondent should
have cited the complainant in contempt of court
instead of throwing tantrums by banging his
gavel loudly and unceremoniously walking out of
the courtroom.
Although respondent had a valid explanation
for carrying a gun, his act of carrying it in
plain view of the lawyers (including the
complainant) and considering what just
happened, cannot be taken as an innocent
gesture. It was calculated to instill fear and
intimidate the complainant. Respondent's
behavior constitutes grave misconduct. A
judge's conduct should be free from the
appearance of impropriety not only in his official
duties but in his everyday life. One who lives by
the precept that might is right is unworthy to be
a judicial officer. (Romero v. Valle (1987))
Sec. 2. The behavior and conduct of judges
must reaffirm the people's faith in the integrity of
the judiciary. Justice must not merely be done
but 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 outside
his sala and as a private individual. There is no
dichotomy of morality: a public official is
also judged by his private morals. (Castillo v.
Calanog (1991))
Ignorance of the law is a mark of incompetence
When the inefficiency springs from a failure to
consider so basic and elemental a rule, a law or
principle in the discharge of his duties, a judge is
either too incompetent and undeserving of the
position and title he holds, or he is too vicious
that the oversight or omission was deliberately
done in bad faith and in grave abuse of judicial
authority. In both instances, the judge's
dismissal is in order. (Macalintal v. Teh, 280
SCRA 623)
Sec. 3. Judges should take or initiate
appropriate disciplinary measures against
lawyers or court personnel for unprofessional
conduct of which the judge may have become
aware.
III. Impartiality
CANON 3 IMPARTIALITY IS ESSENTIAL TO
THE PROPER DISCHARGE OF THE JUDICIAL
OFFICE. IT APPLIES NOT ONLY TO THE
DECISION ITSELF BUT ALSO TO THE
PROCESS BY WHICH THE DECISION IS
MADE.
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 duties
without favor, bias or prejudice.
To sustain a claim of bias or prejudice, the
resulting opinion must be based upon an
extrajudicial source: that is, some influence
other than the facts and law presented in the
courtroom. In the United States, this is known
as the Extra-Judicial Source Rule.
Sec. 2. Judges shall ensure that his or her
conduct, both in and out of court, maintains and
enhances the confidence of the public, the legal
profession and litigants in the impartiality of the
judge and of the judiciary.
In disposing of a criminal case, a judge should
avoid appearing like an advocate for either party.
It is also improper for the judge to push actively
for amicable settlement against the wishes of the
complainant. A judges unwelcome persistence
makes the judge vulnerable to suspicions of
favoritism.
Sec. 3. Judges shall, so far as is reasonable, so
conduct themselves as to minimize the
occasions on which it will be necessary for them
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to be disqualified from hearing or deciding
cases.
The majority view is that the rule of
disqualification of judges must yield to
demands of necessity. Simply stated, the rule
of necessity means that a judge is not
disqualified to sit in a case if there is no
other judge available to hear and decide the
case. For example, members of the Supreme
Court were entitled to adjudicate the validity of a
statue placing a limit of 5 percent in the costs of
living increase for judges, where it was apparent
that all state judges had at least an involuntarily
financial interest in the case Actual
disqualification of a member of a court of last
resort will not excuse the member from
performing his official duty if failure to do so
would result in a denial of a litigant's
constitutional right to have a question, properly
presented 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. The
doctrine operates on the principle that a basic
judge is better than no judge at all. Under
such circumstances, it is the duty of the
disqualified judge to hear and decide the
controversy, however disagreeable it may be.
(Parayno v. Meneses, 231 SCRA 807)
Sec. 4. Judges shall not knowingly, while a
proceeding is before, or could come before,
them make any comment that might reasonably
be expected to affect the outcome of such
proceeding or impair the manifest fairness of the
process. Nor shall judges make any comment in
public or otherwise that might affect the fair trial
of any person or issue.
Sec. 5. Judges shall disqualify themselves from
participating in any proceedings in which they
are unable to decide the matter impartially or in
which it may appear to a reasonable observer
that they are unable to decide the matter
impartially. Such proceedings include, but are
not 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 in
controversy;
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 associate
of the judge served as counsel during their
association, or the judge or lawyer was a
material witness therein;
o The judge's ruling in a lower court is the
subject of review;
o The judge is related by consanguinity or
affinity to a party litigant within the sixth civil
degree or to counsel within the fourth civil
degree; or
o The judge knows that his or her spouse or
child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in
the subject matter in controversy or in a
party to the proceeding, or any other interest
that could be substantially affected by the
outcome of the proceedings
GROUNDS FOR DISQUALIFICATION AND
INHIBITION OF JUDGES UNDER THE RULES
OF COURT
Mandatory or Compulsory Disqualification
(Rule 131, ROC)
1) He or his wife or his child is pecuniarily
interested as heir, legatee, creditor or
otherwise;
2) Relation to either party within the sixth
degree of consanguinity or affinity or to
counsel 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 court
where his ruling or decision is subject to
review.
Voluntary Inhibition
A judge may, in the exercise of his sound
discretion disqualify himself, for just and valid
reasons other than those mentioned above.
(Rule 137, Section 1)
This leaves the discretion to the judge to decide
for himself questions as to whether he will desist
from sitting in case for other just and valid
reasons with only his conscience to guide him,
unless he cannot discern for himself his inability
to meet the test of the cold neutrality required of
him, in which event the appellate court will see
to it that he disqualifies himself.
A decision to disqualify himself is not conclusive
and his competency may be determined on
application for mandamus to compel him to act.
Judges decision to continue hearing a case in
which he is not legally prohibited from trying
notwithstanding challenge to his objectivity may
not 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 than
the filing of administrative complaint, act or
conduct of judge indicative of arbitrariness
or prejudice before the latter being branded
as the stigma of being biased or partial.
(Lorenzo v. Marquez (1988))
DISQUALIFICATION INHIBITION
Basis Specific and exclusive No specific
grounds BUT
there is a broad
basis for such,
i.e., good, sound
ethical grounds
Role of
the
judicial
officer
Judicial officer has no
discretion to sit or try
the case
The matter is left
to the sound
discretion of the
judge
Sec. 6. A judge disqualified as stated above
may, instead of withdrawing from the
proceeding, disclose on the records the basis of
disqualification. If, based on such disclosure, the
parties and lawyers independently of the judge's
participation, all agree in writing that the reason
for the inhibition is immaterial or unsubstantial,
the judge may then participate in the proceeding.
The agreement, signed by all parties and
lawyers, 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 affirmatively
disclose facts that might be grounds for
disqualification.
o In some jurisdictions, the judge must obtain
a waiver from both lawyers and parties.
Waivers by lawyers alone will not suffice.
IV. Propriety
CANON 4 PROPRIETY AND THE
APPEARANCE OF PROPRIETY ARE
ESSENTIAL TO THE PERFORMANCE OF ALL
THE ACTIVITIES OF A. JUDGE.
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 the
appearance of impropriety in all of their
activities.
Whatever the motive may have been, the violent
action of the respondent in a public place
constitutes serious misconduct and the resultant
outrage of the community (Arban v. Borja
(1989))
It was highly improper for a judge to have
wielded a high-powered firearm in public and
besieged the house of a perceived defamer of
character and honor in warlike fashion and
berated the object of his ire, with his firearm
aimed at the victim (Saburnido v. Madrono,
Sept. 26, 2001)
Sec. 2. As a subject of constant public scrutiny,
judges must accept personal restrictions that
might be viewed as burdensome by the
ordinary citizen and should do so freely and
willingly. In particular, judges shall conduct
themselves in a way that is consistent with the
dignity of the judicial office.
Sec. 3. Judges shall, in their personal relations
with individual members of the legal profession
who practice regularly in their court, avoid
situations which might reasonably give rise to
the suspicion or appearance of favoritism or
partiality.
Sec. 4. Judges shall not participate in the
determination of a case in which any member of
their family represents a litigant or is associated
in any manner with the case.
This rule rests on the principle that no judge
should preside in a case in which the judge is
not wholly free, disinterested, impartial and
independent. A judge has both the duty of
rendering a just decision and the duty of doing it
in a manner completely free from suspicion as to
fairness and integrity. The purpose is to
preserve the peoples 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 to
receive clients of the latter or of other members
of 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 judicial
office upon leaving their salas. In the exercise
of their civil liberties, they should be circumspect
and ever mindful that their continuing
commitment to upholding the judiciary and its
values places upon them certain implied
restraints to their freedom. (Sison v. Caoibes, Jr.
A.M. No. RTJ-03-1771, May 27 2004)
Sec. 6. Judges, like any other citizen, are
entitled to freedom of expression, belief,
association and assembly, but in exercising such
rights, they shall always conduct themselves in
such a manner as to preserve the dignity of the
judicial office and the impartiality and
independence of the judiciary.
Sec. 7. Judges shall inform themselves about
their personal fiduciary financial interests and
shall make reasonable efforts to be informed
about the financial interests of members of their
family.
Sec. 8. Judges shall not use or lend the prestige
of the judicial office to advance their private
interests, or those of a member of their family or
of anyone else, nor shall they convey or permit
others to convey the impression that anyone is
in a special position improperly to influence them
in the performance of judicial duties.
TICKET-FIXING
Misconduct in which judges impermissibly take
advantage 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 to
their judicial duties.
Sec. 10. Subject to the proper performance of
judicial duties, judges may
o Write, lecture, teach and participate in
activities concerning the law, the legal
system, the administration of justice or
related matters;
o Appear at a public hearing before an
official body concerned with matters
relating to the law, the legal system, the
administration of justice or related matters;
o Engage in other activities if such
activities do not detract from the dignity
of the judicial office or otherwise interfere
with the performance of judicial duties.
Sec. 11. Judges shall not practice law whilst the
holder of judicial office.
Sec. 12. Judges may form or join associations of
judges or participate in other organizations
representing the interests of judges.
This rule also recognizes the difference between
membership in associations of judges and
membership in associations of other legal
professionals. While attendance at lavish events
hosted by lawyers might create an appearance
of impropriety, participation in a judges-only
organizations does not. (PhilJa)
Sec. 13. Judges and members of their families
shall neither ask for, nor accept, any gift,
bequest, loan or favor in relation to anything
done or to be done or omitted to be done by him
or her in connection with the performance of
judicial duties.
Receiving money from a party litigant is the
kind of gross and flaunting misconduct on
the part of the judge, who is charged with the
responsibility of administering the law and
rendering justice. (Ompoc v. Torre (1989))
Sec. 14. Judges shall not knowingly permit court
staff or others subject to their influence, direction
or authority, to ask for, or accept, any gift,
bequest, loan or favor in relation to anything
done or to be done or omitted to be done in
connection with their duties or functions.
Sec. 15. Subject to law and to any legal
requirements of public disclosure, judges may
receive a token gift, award or benefit as
appropriate to the occasion on which it is made
provided that such gift, award or benefit might
not reasonably be perceived as intended to
influence the judge in the performance of judicial
duties 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 like
public disclosure, may accept gifts provided
that it might not reasonably be perceived as
intended to influence judge.
Section 7(d) of R.A. 6713 allows the following:
1) Gift of nominal value tendered and received
as a souvenir or mark of courtesy
2) Scholarship or fellowship grant or medical
treatment
3) Travel grants or expenses for travel taking
place entirely outside the Philippines (such
as allowances, transportation, food and
lodging) of more than nominal value if such
acceptance is appropriate or consistent with
the interest of the Philippines, and permitted
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by the head office, branch or agency to
which the judge belongs.
V. Equality
CANON 5 - ENSURING EQUALITY OF
TREATMENT TO ALL BEFORE THE COURTS
IS ESSENTIAL TO THE DUE PERFORMANCE
OF 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 previous
two Philippine Codes of Judicial Conduct. It
expands the measures to promote equality
required by international human rights
agreements. Those agreements advocate a
universal application of law and non-
discrimination between the sexes. (PhilJa)
Sec. 1. Judges shall be aware of, and
understand, diversity in society and differences
arising from various sources, including but not
limited to race, color, sex, religion, national
origin, caste, disability, age, marital status,
sexual orientation, social and economic status
and other like causes.
Sec. 2. Judges shall not, in the performance of
judicial duties, by words or conduct, manifest
bias or prejudice towards any person or group
on irrelevant grounds.
Rule 137, Sec. 1 of the Rules of Court expressly
states that no judge shall sit in any case which
he has been counsel (for a party) without the
written consent of all parties in interest, signed
by them and entered upon the record. The
prohibition is not limited to cases in which a
judge hears the evidence but includes as
well cases where he acts by resolving
motions, issuing orders and the like. (In Re
Judge Rojas (1998))
Sec. 3. Judges shall carry out judicial duties with
appropriate consideration for all persons, such
as the parties, witnesses, lawyers, court staff
and judicial colleagues, without differentiation on
any irrelevant ground, immaterial to the proper
performance of such duties.
Sec. 4. Judges shall not knowingly permit court
staff or others subject to his or her influence,
direction or control to differentiate between
persons concerned, in a matter before the judge,
on any irrelevant ground.
Sec. 5. Judges shall require lawyers in
proceedings before the court to refrain from
manifesting, by words or conduct, bias or
prejudice based on irrelevant grounds, except
such as are legally relevant to an issue in
proceedings and may be the subject of
legitimate advocacy.
Women appearing as witnesses or litigants have
found themselves subjected to inappropriate, overly
familiar and demeaning forms of address, comments
on their personal appearance, sexist remarks, jokes
and unwelcome advances. As courts are expected to
ensure equality, any lawyer who makes an insensitive
or demeaning comment in court should be
admonished. (PhilJa)
The action of the judge in seizing the witness,
Alberto Angel, by the shoulder and turning him
about was unwarranted and an interference
with that freedom from unlawful personal
violence to which every witness is entitled
while giving testimony in a court of justice.
Against such conduct the appellant had the right
to protest and to demand that the incident be
made a matter of record. That he did so was not
contempt, providing protest and demand were
respectfully made and with due regard for the
dignity of the court. (In Re: Aguas (1901))
VI. Competence and Diligence
CANON. 6 - COMPETENCE AND DILIGENCE
ARE PREREQUISITES TO THE DUE
PERFORMANCE 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 take
precedence over all other activities.
Sec. 2. Judges shall devote their professional
activity to judicial duties, which include not only
the performance of judicial functions and
responsibilities 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 impeded
the speedy disposition of cases by his successor
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on account of missing records of cases. This fact
reflects an inefficient and disorderly system in
the recording of cases assigned to his sala.
Proper and efficient court management is as
much the judge's responsibility for the Court
personnel are not the guardians of a Judge's
responsibilities. A judge is expected to ensure
that the records of cases assigned to his sala
are intact. There is no justification for missing
records save fortuitous events. The loss of not
one but eight records is indicative of gross
misconduct and inexcusable negligence
unbecoming of a judge. (Longboan v. Polig
(1990))
Sec. 3. Judges shall take reasonable steps to
maintain and enhance their knowledge, skills
and personal qualities necessary for the proper
performance of judicial duties, taking advantage
for this purpose of the training and other facilities
which should be made available, under judicial
control, to judges.
Even in the remaining years of his stay in the
judiciary, he should keep abreast with the
changes in the law and with the latest
decisions and precedents. Although a judge is
nearing retirement, he should not relax in his
study of the law and court decisions. (Abad v.
Bleza (1986))
The established doctrine and policy is that
disciplinary proceedings and criminal actions
against Judges are not complementary or
suppletory of, nor a substitute for, these judicial
remedies, whether ordinary or extraordinary.
Resort to and exhaustion of these judicial
remedies are prerequisites for the taking of other
measures against the persons of the judges
concerned.
It is only after the available judicial remedies
have been exhausted and the appellate
tribunals have spoken with finality that the
door to an inquiry into his criminal, civil, or
administrative liability may be said to have
opened, or closed. (Maquiran v. Grageda, 451
SCRA 15 (2005))
Sec. 4. Judges shall keep themselves informed
about relevant developments of international
law, including international conventions and
other instruments establishing human rights
norms.
Sec. 5. Judges shall perform all judicial duties,
including the delivery of reserved decisions,
efficiently, fairly and with reasonable
promptness.
Sec. 6. Judges shall maintain order and
decorum in all proceedings before the court and
be patient, dignified and courteous in relation to
litigants, witnesses, lawyers and others with
whom the judge deals in an official capacity.
Judges shall require similar conduct of legal
representatives, court staff and others subject to
their influence, direction or control.
Sec. 7. Judges shall not engage in conduct
incompatible with the diligent discharge of
judicial duties.
By issuing orders indefinitely postponing the
hearing of election protest, the judge in De la
Cruz v. Pascua manifested inefficiency in the
disposition of an election protest case and thus
overtly 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 JUDGES
II. DISCIPLINE OF MEMBERS OF THE BENCH
I. Liabilities of Judges
Statutory Basis
1987 Constitution, Art. VIII, Section 11. The members
of the Supreme Court and judges of lower courts shall
hold office during a good behavior until they reach the
age of seventy years or become incapacitated to
discharge the duties of their office. The Supreme
Court en banc shall have the power to discipline
judges of lower courts, or order their dismissal by a
vote of majority of the Members who actually took part
in the deliberations on the issues in the case and
voted thereon.
GENERAL RULE: A judge is not liable
administratively, civilly or criminally when he acts
within his power and jurisdiction.
This frees the judge from apprehension of
personal consequences to himself and to
preserve the integrity and independence of the
judiciary.
EXCEPTION: Serious misconduct; inefficiency;
gross and patent, or deliberate and malicious
error; bad faith
MISCONDUCT
Wrongful intention and not mere error in judgment
(Raquiza vs. Castaneda, 82 SCRA 235)
SERIOUS MISCONDUCT
Exists when the judicial act complained of is corrupt or
inspired by an intention to violate the law or a
persistent 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 SCRA
82)
ERROR OR IGNORANCE OF LAW
Error or mistake must be gross or patent, malicious,
deliberate or in bad faith.
Must act fraudulently, corruptly or with gross
ignorance.
Caveat: Not every error or mistake of a judge in the
performance of his duties makes him liable. To hold
the judge administratively accountable for every
erroneous ruling or decision he renders, assuming he
has erred, would be nothing short of harassment and
would 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 reliable
evidence showing that the judicial acts
complained of were corrupt or were inspired by
an intention to violate the law, or were in
persistent disregard of well-known legal rules.
(In re: Impeachment of Horilleno, 43 Phil. 212)
Inefficiency implies negligence, ignorance and
carelessness. A judge would be inexcusably
negligent if he failed to observe in the
performance of his duties that diligence,
prudence and circumspection which the law
requires in the rendition of any public service. (In
re: Climaco, 55 SCRA 107)
II. Discipline of Members of the Bench
GROUNDS
1) Serious misconduct
2) Inefficiency
Instances of Serious Misconduct Which Merited
Discipline by the Supreme Court:
o Failure to deposit funds with the municipal
treasurer or produce them despite his
promise to do so (Montemayor v. Collado,
107 SCRA 258).
o Misappropriation of fiduciary funds
(proceeds of cash bail bond) by depositing
the check in his personal account, thus
converting the trust fund into his own use
(Barja v. Beracio, 74 SCRA 355).
o Extorting money from a party-litigant who
has 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, Quezon
v. Morales, 61 SCRA 13).
Instances of Gross Inefficiency Which Merited
Discipline by the Supreme Court
o Delay in the disposition of cases in violation
of the Canon that a judge must promptly
dispose of all matters submitted to him. With
or without the transcripts of stenographic
notes, the 90-day period for deciding cases
or 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, 64
SCRA 347).
LEGAL ETHICS AND FORMS REVIEWER Chapter V. DISCIPLINE OF JUDGES
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o Unawareness of or unfamiliarity with the
application of the Indeterminate Sentence
Law 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 SCRA
385).
o Imposing the penalty of subsidiary
imprisonment on a party for failure to pay
civil imdemnity in violation of R.A. 5465
(Monsanto v. Palarca, 126 SCRA 45).
CONDUCT:
Administrative cases against lower court
judges and justices are automatically treated
as disbarment cases
Quantum of evidence required: Beyond
reasonable doubt.
Rules for evidence: Same rules as in criminal
trials
EFFECT OF WITHDRAWAL, DESISTANCE,
RETIREMENT OR PARDON
The withdrawal of the case by the
complainant, or the filing of an affidavit of
desistance or the complainants loss of
interest does not necessarily cause the
dismissal thereof. REASON: To condition
administrative actions upon the will of every
complainant who for one reason or another,
condones a detestable act is to strip the
Supreme Court of its supervisory power to
discipline erring members of the judiciary.
(Anguluan v. Taguba, 93 SCRA 179)
Desistance will not justify the dismissal of an
administrative case if the records will reveal that
the judge had not performed his duties.
(Espayos v. Lee, 89 SCRA 478)
LEGAL ETHICS AND FORMS REVIEWER ANNEXES
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Annexes
INDIGENT CLIENTS
A. A.M. NO. 04-2-04-SC
B. RA 6033
C. RA 6034
D. RA 6035
E. PD 543
F. A.M. No. 08-11-7-SC (IRR):
SPECIAL LAW ON RETIRED JUSTICE AND
JUDGES
A. RA 910
LAW ON OBSTRUCTION OF JUSTICE
A. PD 1829
Indigent Clients
A. A.M. No. 04-2-04-SC
RE: PROPOSED REVISION OF RULE 141
REVISED RULES OF COURT
LEGAL FEES
RESOLUTION
Acting on the recommendation of the Chairman
of the Committee on Revision of the Rules of
Court submitting for this Courts consideration
and approval the Proposed Revision of Rule 141
of the Revised Rules of Court on Legal Fees, the
Court Resolved to APPROVE the same.
This Resolution shall take effect on August 16,
2004 following its publication in two (2)
newspapers of general circulation not later than
July 31, 2004.
July 20, 2004.
(Sgd.) Davide Jr. C.J., Puno, Panganiban,
Quisumbing Ynares-Santiago, Sandoval-
Gutierrez, Carpio, Austria-Martinez, Carpio-
Morales, Callejo, Sr., Azcuna, Tinga and Chino-
Nazario, JJ.
Carpio, J., on leave.
RULE 141
LEGAL FEES
SEC. 19. Indigent litigants exempt from
payment of legal fees. Indigent litigants (a)
whose gross income and that of their
immediate family do not exceed an amount
double the monthly minimum wage of an
employee and (b) who do not own real
property with A FAIR MARKET VALUE AS
STATED IN THE CURRENT TAX
DECLARATION of more than THREE hundred
thousand (P300,000.00) pesos shall be
exempt from the payment of legal fees.
The legal fees shall be a lien on any
judgment rendered in the case favorable to
the indigent litigant unless the court
otherwise provides.
To be entitled to the exemption herein
provided, the litigant shall execute an
affidavit that he and his immediate family do
not earn a gross income abovementioned,
and they do not own any real property with
the fair value aforementioned, supported by
an affidavit of a disinterested person
attesting to the truth of the litigants
affidavit. The current tax declaration, if any,
shall be attached to the litigants affidavit.
Any falsity in the affidavit of litigant or
disinterested person shall be sufficient
cause to dismiss the complaint or action or
to strike out the pleading of that party,
without prejudice to whatever criminal
liability may have been incurred. (16a)
B. RA 6033
REPUBLIC ACT No. 6033
AN ACT REQUIRING COURTS TO GIVE
PREFERENCE TO CRIMINAL CASES WHERE
THE PARTY OR PARTIES INVOLVE ARE
INDIGENTS.
Section 1. Any provision of existing law to be
contrary notwithstanding and with the exception
of habeas corpus and election cases and cases
involving detention prisoners, and persons
covered by Republic Act Numbered Four
thousand nine hundred eight, all courts shall
give preference to the hearing and/or disposition
of criminal cases where an indigent is involved
either as the offended party or accused. The trial
in these cases shall commence within three
days from date of arraignment and no
postponement of the hearings shall be granted
except on the ground of illness of the accused or
other similar justifiable grounds. City and
provincial fiscals and courts shall forthwith
conduct the preliminary investigation of a
criminal case involving an indigent within three
days after its filing and shall terminate the same
within two weeks.
Section 2. As used in this Act, the term
"indigent" shall refer to a person who has no
visible means of income or whose income is
insufficient for the subsistence of his family, to
be determined by the fiscal or judge, taking into
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account the members of his family dependent
upon him for subsistence.
Section 3. An indigent who is the offended party,
respondent or an accused in a criminal case and
who desires to avail of the preference granted
under this Act shall file a sworn statement of the
fact of his being indigent and the said sworn
statement shall be sufficient basis for the court
or fiscal to give preference to the trial and
disposition of such criminal case.
Section 4. Any willful or malicious refusal on the
part of any fiscal or judge to carry out the
provisions of this Act shall constitute sufficient
ground for disciplinary action which may include
suspension or removal.
Section 5. This Act shall take effect upon its
approval.
Approved: August 4, 1969.
C. RA 6034
AN ACT PROVIDING TRANSPORTATION
AND OTHER ALLOWANCES FOR INDIGENT
LITIGANTS.
Section 1. Any provision of existing law to the
contrary notwithstanding, any indigent litigant
may, upon motion, ask the Court for adequate
travel allowance to enable him and his indigent
witnesses to attendant the hearing of a criminal
case commenced by his complaint or filed
against him. The allowance shall cover actual
transportation expenses by the cheapest means
from his place of residence to the court and
back. When the hearing of the case requires the
presence of the indigent litigant and/or his
indigent 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 litigants
shall include anyone who has no visible means
of income or whose income is insufficient for his
family as determined by the Court under Section
2, hereof.
Section 2. If the court determines that the
petition for transportation allowance is
meritorious, said court shall immediately issue
an order directing the provincial, city or
municipal treasurer to pay the indigent litigant
the travel allowance out of any funds in his
possession and proceed without delay to the trial
of the case. The provincial, city or municipal
treasurer shall hold any such payments as cash
items until reimbursed by the national
government.
Section 3. All payments of travel allowances
made by provincial, city and municipal treasurer
under this Act as of October 31 each year, shall
be transmitted to the Commissioner of the
Budget not later than November 30 each year
for inclusion in the annual General
Appropriations Act. The necessary sum is
hereby authorized to be appropriated out of the
funds in the National Treasury not otherwise
appropriated.
approval.
D. RA 6035
AN ACT REQUIRING STENOGRAPHERS TO
GIVE FREE TRANSCRIPT OF NOTES TO
INDIGENT AND LOW INCOME LITIGANTS
AND PROVIDING A PENALTY FOR THE
VIOLATION THEREOF.
Section 1. A stenographer who has attended a
hearing before an investigating fiscal or trial
judge or hearing commissioner of any quasi-
judicial body or administrative tribunal and has
officially taken notes of the proceeding thereof
shall, upon written request of an indigent or low
income litigant, his counsel or duly authorized
representative in the case concerned, give within
a reasonable period to be determined by the
fiscal, judge, commissioner or tribunal hearing
the case, a free certified transcript of notes take
by him on the case.
Section 2. A litigant who desires to avail himself
of the privilege granted under Section one
hereof shall, at the investigation, hearing, or trial,
establish his status as an indigent or low income
litigant and the investigating fiscal or judge or
commissioner or tribunal hearing the case shall
resolve the same in the same proceeding.
For the purpose of this Act, an "indigent or low
income litigant" shall include anyone who has no
visible means of support or whose income does
not exceed P300 per month or whose income
even in excess of P300 per month is insufficient
for the subsistence of his family, which fact shall
be determined by the investigating fiscal or trial
judge or commissioner or tribunal hearing the
case taking into account the number of the
members of his family dependent upon him for
subsistence.
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Section 3. Any stenographer who, after due
hearing in accordance with the pertinent
provisions of Republic Act No. 2260, as
amended, has been found to have violated the
provisions of Section one of this Act or has
unreasonable delayed the giving of a free
certified transcript of notes to an indigent or low
income litigant shall be subject to the following
disciplinary 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 than
thirty (30) days and not more than sixty (60)
days upon finding of guilt for the second
time; 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 its
approval, have pending cases in any fiscal
office, court, or quasi-judicial body or
administrative tribunal.
Section 5. The Department of Justice shall
prescribe such rules and regulations as may be
necessary to carry out the purposes of this Act,
and the Department Head concerned shall
provide the necessary supplies and authorize
the use of government equipment by the
stenographers concerned.
approval.
E. PD 543
PRESIDENTIAL DECREE No. 543
August 21, 1974
AUTHORIZING THE DESIGNATION OF
MUNICIPAL JUDGES AND LAWYERS IN ANY
BRANCH OF THE GOVERNMENT SERVICE
TO ACT AS COUNSEL DE OFICIO FOR THE
ACCUSED WHO ARE INDIGENT IN PLACES
WHERE THERE ARE NO AVAILABLE
PRACTICING ATTORNEYS
WHEREAS, under existing law, Municipal
Judges and other lawyers in the government
service are prohibited from practicing law;
WHEREAS, there are some places where there
are no available legal practitioners, as a result of
which the trial of cases in court is delayed to the
prejudice particularly of detention prisoners;
WHEREAS, for the protection of the rights of the
accused who cannot afford to hire lawyers from
other places and to prevent miscarriage of
justice, it is necessary that they be provided with
counsel;
NOW, THEREFORE, I, FERDINAND E.
MARCOS, President of the Philippines, by virtue
of the powers in me vested by the Constitution
as commander-in-Chief of the Armed Forces of
the Philippines, and pursuant to Proclamation
No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22,
1972, as amended, do hereby order and decree
as follows:
Section 1. Designation of Municipal Judges and
lawyers in any branch of the government
service, as counsel de oficio. In places where
there are no available practicing lawyers, the
District Judge or Circuit Criminal Court Judge
shall designate a municipal judge or a lawyer
employed in any branch, subdivision or
instrumentality of the government within the
province, as counsel de oficio for an indigent
person who is facing a criminal charge before
his court, and the services of such counsel de
oficio shall be duly compensated by the
Government in accordance with Section thirty-
two, Rule One Hundred Thirty Eight of the Rules
of Court.
If the criminal case wherein the services of a
counsel de oficio are needed is pending before a
City or municipal court, the city or municipal
judge concerned shall immediately recommend
to the nearest District Judge the appointment of
a counsel de oficio, and the District Judge shall
forthwith appoint one in accordance with the
preceding paragraph.
For purposes of this Decree an indigent person
is anyone who has no visible means of support
or whose income does not exceed P300 per
month or whose income even in excess of P300
is insufficient for the subsistence of his family,
which fact shall be determined by the Judge in
whose court the case is pending, taking into
account the number of the members of his family
dependent upon him for subsistence.
Section 2. Repealing Clause. All laws and
decrees inconsistent with this Decree are hereby
repealed.
Section 3. Effectivity. This Decree shall take
effect immediately.
DONE in the City of Manila, this 21st day of
August, in the year of Our Lord, nineteen
hundred 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 the
Payment of Legal Fees of the Clients of the
National Committee on Legal Aid and of the
Legal Aid Offices in the Local Chapters of the
Integrated Bar of the Philippines
Rule on the Exemption From the Payment of
Legal Fees of the Clients of the National
Committee on Legal Aid (NCLA) and of the
Legal Aid Offices in the Local Chapters of the
Integrated Bar of the Philippines (IBP)
ARTICLE I
Purpose
Section 1. Purpose. This Rule is issued for the
purpose of enforcing the right of free access to
courts by the poor guaranteed under Section 11,
Article III of the Constitution. It is intended to
increase the access to justice by the poor by
exempting from the payment of legal fees
incidental to instituting an action in court, as an
original proceeding or on appeal, qualified
indigent clients of the NCLA and of the legal aid
offices in local IBP chapters nationwide.
ARTICLE II
Definition of Terms
Section 1. Definition of important terms. For
purposes of this Rule and as used herein, the
following terms shall be understood to be how
they are defined under this Section:
(a) "Developmental legal aid" means the
rendition of legal services in public interest
causes involving overseas workers,
fisherfolk, farmers, laborers, indigenous
cultural communities, women, children and
other disadvantaged groups and
marginalized sectors;
(b) "Disinterested person" refers to the punong
barangay having jurisdiction over the place
where an applicant for legal aid or client of
the NCLA or chapter legal aid office resides;
(c) "Falsity" refers to any material
misrepresentation of fact or any fraudulent,
deceitful, false, wrong or misleading
statement in the application or affidavits
submitted to support it or the affidavit of a
disinterested person required to be
submitted annually under this Rule which
may substantially affect the determination of
the qualifications of the applicant or the
client under the means and merit tests;
(d) "Legal fees" refers to the legal fees imposed
under Rule 141 of the Rules of Court as a
necessary incident of instituting an action in
court either as an original proceeding or on
appeal. In particular, it includes filing or
docket fees, appeal fees, fees for issuance
of provisional remedies, mediation fees,
sheriffs fees, stenographers fees (that is
fees for transcript of stenographic notes)
and commissioners fees;
(e) "Means test" refers to the set of criteria used
to determine whether the applicant is one
who has no money or property sufficient and
available for food, shelter and basic
necessities for himself and his family;
(f) "Merit test" refers to the ascertainment of
whether the applicants cause of action or
his defense is valid and whether the
chances of establishing the same appear
reasonable and
(g) "Representative" refers to the person
authorized to file an application for legal aid
in behalf of the applicant when the said
applicant is prevented by a compelling
reason from personally filing his application.
As a rule, it refers to the immediate family
members of the applicant. However, it may
include any of the applicants relatives or
any person or concerned citizen of sufficient
discretion who has first-hand knowledge of
the personal circumstances of the applicant
as well as of the facts of the applicants
case.
ARTICLE III
Coverage
Section 1. Persons qualified for exemption from
payment of legal fees. Persons who shall
enjoy the benefit of exemption from the payment
of legal fees incidental to instituting an action in
court, as an original proceeding or on appeal,
granted under this Rule shall be limited only to
clients of the NCLA and the chapter legal aid
offices.
The said clients shall refer to those indigents
qualified to receive free legal aid service from
the NCLA and the chapter legal aid offices. Their
qualifications shall be determined based on the
tests provided in this Rule.
Section 2. Persons not covered by the Rule.
The following shall be disqualified from the
coverage of this Rule. Nor may they be accepted
as clients by the NCLA and the chapter legal aid
offices.
(a) Juridical persons; except in cases covered
by developmental legal aid or public interest
causes involving juridical entities which are
non-stock, non-profit organizations, non-
governmental organizations and peoples
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organizations whose individual members will
pass the means test provided in this Rule;
(b) Persons who do not pass the means and
merit 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 against
their tenants and
(e) Persons who have been clients of the NCLA
or chapter legal aid office previously in a
case where the NCLA or chapter legal aid
office withdrew its representation because of
a falsity in the application or in any of the
affidavits supporting the said application.
Section 3. Cases not covered by the Rule. The
NCLA and the chapter legal aid offices shall not
handle 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 be
clients of the NCLA and the legal aid offices in
local IBP chapters. The NCLA or the chapter
legal aid committee, as the case may be, shall
pass upon requests for legal aid by the
combined application of the means and merit
tests and the consideration of other relevant
factors provided for in the following sections.
Section 2. Means test; exception. (a) This test
shall be based on the following criteria: (i) the
applicant and that of his immediate family must
have a gross monthly income that does not
exceed an amount double the monthly minimum
wage of an employee in the place where the
applicant resides and (ii) he does not own real
property with a fair market value as stated in the
current tax declaration of more than Three
Hundred Thousand (P300,000.00) Pesos.
In this connection, the applicant shall execute an
affidavit of indigency (printed at the back of the
application form) stating that he and his
immediate family do not earn a gross income
abovementioned, nor own any real property with
the fair value aforementioned, supported by an
affidavit of a disinterested person attesting to the
truth of the applicants affidavit. The latest
income tax return and/or current tax declaration,
if any, shall be attached to the applicants
affidavit.
(b) The means test shall not be applicable to
applicants who fall under the developmental
legal aid program such as overseas workers,
fisherfolk, farmers, laborers, indigenous cultural
communities, women, children and other
disadvantaged groups.
Section 3. Merit test. A case shall be
considered meritorious if an assessment of the
law and evidence at hand discloses that the
legal service will be in aid of justice or in the
furtherance thereof, taking into consideration the
interests of the party and those of society. A
case fails this test if, after consideration of the
law and evidence presented by the applicant, it
appears that it is intended merely to harass or
injure the opposite party or to work oppression
or wrong.
Section 4. Other relevant factors that may be
considered. The effect of legal aid or of the
failure to render the same upon the rule of law,
the proper administration of justice, the public
interest involved in a given case and the practice
of law in the locality shall likewise be considered.
ARTICLE V
Acceptance and Handling of Cases
Section 1. Procedure in accepting cases. The
following procedure shall be observed in the
acceptance of cases for purposes of this Rule:
(a) Filing of application An application shall be
made personally by the applicant, unless
there is a compelling reason which prevents
him from doing so, in which case his
representative may apply for him. It shall
adhere substantially to the form made for
that purpose. It shall be prepared and
signed by the applicant or, in proper cases,
his duly authorized representative in at least
three copies.
Applications for legal aid shall be filed
with the NCLA or with the chapter legal aid
committee.
The NCLA shall, as much as possible,
concentrate on cases of paramount
importance or national impact.
Requests received by the IBP National
Office shall be referred by the NCLA to the
proper chapter legal aid committee of the
locality where the cases have to be filed or
are pending. The chapter president and the
chairman of the chapters legal aid
committee shall be advised of such referral.
(b) Interview The applicant shall be
interviewed by a member of the chapter
legal aid committee or any chapter member
authorized by the chapter legal aid
committee to determine the applicants
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qualifications based on the means and merit
tests and other relevant factors. He shall
also be required to submit copies of his
latest income tax returns and/or current tax
declaration, if available, and execute an
affidavit of indigency printed at the back of
the application form with the supporting
affidavit of a disinterested person attesting
to the truth of the applicants affidavit.lawph!l
After the interview, the applicant shall be
informed that he can follow up the action on
his application after five (5) working days.
(c) Action on the application The chapter legal
aid committee shall pass upon every request
for legal aid and submit its recommendation
to the chapter board of officers within three
(3) working days after the interview of the
applicant. The basis of the recommendation
shall be stated.
The chapter board of officers shall
review and act on the recommendation of
the chapter legal aid committee within two
(2) working days from receipt thereof;
Provided, however, that in urgent matters
requiring prompt or immediate action, the
chapters executive director of legal aid or
whoever performs his functions may
provisionally act on the application, subject
to review by the chapter legal aid committee
and, 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 the
chapter legal aid office, through the
chapters executive director of legal aid or
whoever performs his functions may accept
cases provisionally pending verification of
the applicants indigency and an evaluation
of 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 to
the applicant;
(iii) Where an appeal has to be urgently
perfected or a petition for certiorari,
prohibition or mandamus filed has to be
filed immediately; and
(iv) Other similar urgent cases.
(e) Assignment of control number Upon
approval of the chapter board of officers of a
persons application and the applicant is
found to be qualified for legal assistance, the
case shall be assigned a control number.
The numbering shall be consecutive starting
from January to December of every year.
The control number shall also indicate the
region and the chapter handling the case.
Example:
Region Chapter Year Month Number
GM - Manila - 2009 - 03 - 099
(f) Issuance of a certification After an
application is approved and a control
number duly assigned, the chapter board of
officers shall issue a certification that the
person (that is, the successful applicant) is a
client of the NCLA or of the chapter legal aid
office. The certification shall bear the control
number of the case and shall state the name
of the client and the nature of the judicial
action subject of the legal aid of the NCLA or
the legal aid office of a local IBP chapter.
The certification shall be issued to the
successful applicant free of charge.
Section 2. Assignment of cases. After a case
is given a control number, the chapter board of
officers shall refer it back to the chapter legal aid
committee. 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 an
intention to handle the case voluntarily, the
chapter legal aid committee shall refer the
matter to the chapter board of officers together
with the names of at least three members who,
in the chapter legal aid committees discretion,
may competently render legal aid on the matter.
The chapter board of officers shall appoint one
chapter member from among the list of names
submitted by the chapter legal aid committee.
The chapter member chosen may not refuse the
appointment except on the ground of conflict of
interest or other equally compelling grounds as
provided in the Code of Professional
Responsibility, in which case the chapter board
of officers shall appoint his replacement from
among the remaining names in the list
previously submitted by the chapter legal aid
committee.
The chapter legal aid committee and the chapter
board of officers shall take the necessary
measures to ensure that cases are well-
distributed to chapter members.
Section 3. Policies and guidelines in the
acceptance and handling of cases. The
following policies and guidelines shall be
observed in the acceptance and handling of
cases:
(a) First come, first served Where both the
complainant/plaintiff/petitioner and
defendant/ respondent apply for legal aid
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and both are qualified, the first to seek
assistance shall be given preference.
(b) Avoidance of conflict of interest Where
acceptance of a case will give rise to a
conflict of interest on the part of the chapter
legal aid office, the applicant shall be duly
informed and advised to seek the services of
a private counsel or another legal aid
organization.
Where handling of the case will give rise
to a conflict of interest on the part of the
chapter member assigned to the case, the
client shall be duly informed and advised
about it. The handling lawyer shall also
inform the chapter legal aid committee so
that another chapter member may be
assigned to handle the case. For purposes
of choosing the substitute handling lawyer,
the rule in the immediately preceding section
shall be observed.
(c) Legal aid is purely gratuitous and honorary
No member of the chapter or member of the
staff of the NCLA or chapter legal aid office
shall directly or indirectly demand or request
from an applicant or client any
compensation, gift or present for legal aid
services being applied for or rendered.
(d) Same standard of conduct and equal
treatment A chapter member who is
tasked to handle a case accepted by the
NCLA or by the chapter legal aid office shall
observe the same standard of conduct
governing his relations with paying clients.
He shall treat the client of the NCLA or of
the chapter legal aid office and the said
clients case in a manner that is equal and
similar to his treatment of a paying client and
his case.
(e) Falsity in the application or in the affidavits
Any falsity in the application or in the
affidavit of indigency or in the affidavit of a
disinterested person shall be sufficient
cause for the NCLA or chapter legal aid
office 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 withdrawal
of appearance of the chapter legal aid office
in the case with a motion for the dismissal of
the complaint or action of the erring client.
The court, after hearing, shall approve the
withdrawal of appearance and grant the
motion, without prejudice to whatever
criminal liability may have been incurred.
Violation of this policy shall disqualify
the erring client from availing of the benefits
of this Rule in the future.
(f) Statement in the initiatory pleading To
avail of the benefits of the Rule, the initiatory
pleading shall state as an essential
preliminary allegation that (i) the party
initiating the action is a client of the NCLA or
of the chapter legal aid office and therefore
entitled to exemption from the payment of
legal fees under this Rule and (ii) a certified
true copy of the certification issued pursuant
to Section 1(e), of this Article is attached or
annexed to the pleading.
Failure to make the statement shall be a
ground for the dismissal of the action without
prejudice to its refiling.
The same rule shall apply in case the
client, through the NCLA or chapter legal aid
office, files an appeal.
(g) Attachment of certification in initiatory
pleading A certified true copy of the
certification issued pursuant to Section 1(e),
of this Article shall be attached as an annex
to 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 prejudice
to its refiling.
The same rule shall apply in case the
client, through the NCLA or chapter legal aid
office, files an appeal.
(h) Signing of pleadings All complaints,
petitions, answers, replies, memoranda and
other important pleadings or motions to be
filed in courts shall be signed by the
handling lawyer and co-signed by the
chairperson or a member of the chapter
legal aid committee, or in urgent cases, by
the 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 manifestations
may 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 avoided
as much as possible as they cause delay to
the case and prolong the proceedings.
(j) Transfer of cases Transfer of cases from
one handling lawyer to another shall be
affected 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 client
shall be made to fill up a request to appeal.
(b) Only meritorious cases shall be appealed. If
the handling lawyer, in consultation with the
chapter legal aid committee, finds that there
is no merit to the appeal, the client should
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be immediately informed thereof in writing
and the record of the case turned over to
him, under proper receipt. If the client insists
on appealing the case, the lawyer handling
the case should perfect the appeal before
turning over the records of the case to him.
Section 5. Protection of private practice.
Utmost care shall be taken to ensure that legal
aid is neither availed of to the detriment of the
private practice of law nor taken advantage of by
anyone for purely personal ends.
ARTICLE VI
Withdrawal of Legal Aid and Termination of
Exemption
Section 1. Withdrawal of legal aid. The NCLA
or the chapter legal aid committee may, in
justifiable instances as provided in the next
Section, direct the handling lawyer to withdraw
representation of a clients cause upon approval
of the IBP Board of Governors (in the case of the
NCLA) or of the chapter board of officers (in the
case of the chapter legal aid committee) and
through a proper motion filed in Court.
Section 2. Grounds for withdrawal of legal aid.
Withdrawal may be warranted in the following
situations:
(a) In a case that has been provisionally
accepted, where it is subsequently
ascertained that the client is not qualified for
legal aid;
(b) Where the clients income or resources
improve and he no longer qualifies for
continued assistance based on the means
test. For this purpose, on or before January
15 every year, the client shall submit an
affidavit of a disinterested person stating
that the client and his immediate family do
not earn a gross income mentioned in
Section 2, Article V, nor own any real
property with the fair market value
mentioned in the same Section;
(c) When it is shown or found that the client
committed a falsity in the application or in
the affidavits submitted to support the
application;
(d) When the client subsequently engages a de
parte counsel or is provided with a de oficio
counsel;
(e) When, despite proper advice from the
handling lawyer, the client cannot be
refrained from doing things which the lawyer
himself ought not do under the ethics of the
legal profession, particularly with reference
to their conduct towards courts, judicial
officers, witnesses and litigants, or the client
insists on having control of the trial, theory of
the case, or strategy in procedure which
would tend to result in incalculable harm to
the interests of the client;
(f) When, despite notice from the handling
lawyer, the client does not cooperate or
coordinate with the handling lawyer to the
prejudice of the proper and effective
rendition of legal aid such as when the client
fails to provide documents necessary to
support his case or unreasonably fails to
attend hearings when his presence thereat
is required; and
(g) When it becomes apparent that the
representation of the clients cause will
result in a representation of conflicting
interests, as where the adverse party had
previously engaged the services of the
NCLA or of the chapter legal aid office and
the subject matter of the litigation is directly
related to the services previously rendered
to the adverse party.
Section 3. Effect of withdrawal. The court, after
hearing, shall allow the NCLA or the chapter
legal aid office to withdraw if it is satisfied that
the ground for such withdrawal exists.
Except when the withdrawal is based on
paragraphs (b), (d) and (g) of the immediately
preceding Section, the court shall also order the
dismissal of the case. Such dismissal is without
prejudice to whatever criminal liability may have
been incurred if the withdrawal is based on
paragraph (c) of the immediately preceding
Section.
ARTICLE VII
Miscellaneous Provisions
Section 1. Lien on favorable judgment. The
amount of the docket and other lawful fees
which the client was exempted from paying shall
be a lien on any judgment rendered in the case
favorable to the indigent, unless the court
otherwise provides.
In case, attorneys fees have been awarded to
the client, the same shall belong to the NCLA or
to the chapter legal aid office that rendered the
legal aid, as the case may be. It shall form part
of a special fund which shall be exclusively used
to support the legal aid program of the NCLA or
the chapter legal aid office. In this connection,
the chapter board of officers shall report the
receipt of attorneys fees pursuant to this Section
to the NCLA within ten (10) days from receipt
thereof. The NCLA shall, in turn, include the data
on attorneys fees received by IBP chapters
pursuant to this Section in its liquidation report
for the annual subsidy for legal aid.1awphi1
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Section 2. Duty of NCLA to prepare forms. The
NCLA shall prepare the standard forms to be
used in connection with this Rule. In particular,
the NCLA shall prepare the following standard
forms: the application form, the affidavit of
indigency, the supporting affidavit of a
disinterested person, the affidavit of a
disinterested person required to be submitted
annually under Section 2(b), Article VI, the
certification issued by the NCLA or the chapter
board of officers under Section 1(f), Article V and
the request to appeal.
The said forms, except the certification, shall be
in Filipino. Within sixty (60) days from receipt of
the forms from the NCLA, the chapter legal aid
offices shall make translations of the said forms
in the dominant dialect used in their respective
localities.
Section 3. Effect of Rule on right to bring suits in
forma pauperis. Nothing in this Rule shall be
considered to preclude those persons not
covered either by this Rule or by the exemption
from the payment of legal fees granted to clients
of the Public Attorneys 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 rendered
by a lawyer under this Rule either as a handling
lawyer or as an interviewer of applicants under
Section 1(b), Article IV hereof shall be credited
for purposes of compliance with the Rule on
Mandatory Legal Aid Service.
The chairperson of the chapter legal aid office
shall issue the certificate similar to that issued by
the Clerk of Court in Section 5(b) of the Rule on
Mandatory Legal Aid Service.
ARTICLE VIII
Effectivity
Section 1. Effectivity. This Rule shall become
effective after fifteen days following its
publication in a newspaper of general circulation.
September 10, 2009
Special Law on Retired Justices and
Judges (RA 910)
REPUBLIC ACT NO. 910
AN ACT TO PROVIDE FOR THE
RETIREMENT OF JUSTICES OF THE
SUPREME COURT AND OF THE COURT OF
APPEALS, FOR THE ENFORCEMENT OF THE
PROVISIONS HEREOF BY THE
GOVERNMENT SERVICE INSURANCE
SYSTEM, AND TO REPEAL
COMMONWEALTH ACT NUMBERED FIVE
HUNDRED AND THIRTY-SIX
Section 1. When a justice of the Supreme
Court or of the court of Appeals, a judge of Court
of First Instance, Industrial Relations, Agrarian
Relations, Tax Appeals, Juvenile and Domestic
Relations, or a city or municipal judge who has
rendered at least twenty-five years service in the
judiciary or in any other branch of the
government, or in both, (a) retires for having
attained the age of seventy years, or (b) resigns
by reason of his incapacity to discharge the
duties of his office, he shall receive during the
residue of his natural life, in the manner
hereinafter provided, the salary which he was
receiving at the time of his retirement or
resignation. And when a justice of the Supreme
Court or of the Court of Appeals, a judge of
Court of First Instance, Industrial Relations,
Agrarian Relations, Tax Appeals, Juvenile and
Domestic Relations, or a city or municipal judge
has attained the age of sixty years and has
rendered at least twenty-five years of service in
the Government, the last five of which shall have
been continuously rendered in the judiciary, he
shall likewise be entitled to retire and receive
during the residue of his natural life, also in the
manner hereinafter provided, the salary which
he was then receiving. It is a condition of the
pension 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 said
pension shall appear as counsel before any
court in any civil case wherein the Government
or any subdivision or instrumentality thereof is
the adverse party, or in any criminal case
wherein an officer or employee of the
Government is accused of an offense committed
in relation to his office, or collect any fee for his
appearance in any administrative proceedings to
maintain an interest adverse to the Government,
national, provincial or municipal, or to any of its
legally constituted officers. It is also a condition
of the pension provided for herein that when a
member 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 and
during his term, receive the monthly pension due
him. (As amended by RA 5095, June 17, 1967)
Section 2. In case of a justice of the Supreme
Court or Court of Appeals or a judge of the Court
of First Instance, Circuit Criminal Court, Agrarian
Relations, Tax Appeals, Juvenile and Domestic
Relations, city or municipal court, or any other
court hereafter established, dies while in actual
service, his heirs shall receive a lump sum of
five years gratuity computed on the basis of the
highest monthly salary plus the highest monthly
aggregate of transportation, living and
representation allowances received by him as
such Justice or Judges, if by reason of his length
of service in the Government he was already
entitled to the benefits of this Act. The same
benefits provided for in this section shall be
extended to any incumbent justice of the
Supreme Court or the Court of Appeals, or a
judge of the Court of First Instance, Circuit
Criminal 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, without
having attained the length of service required in
Section one hereof shall have to retire upon
reaching the age of sixty five years, or upon
other causes, such illness or permanent physical
disability, to be certified to by the tribunal to
which the justice concerned belongs, or by the
Supreme 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 PD
1438, June 10, 1978)
Section 3. Upon retirement, a justice of the
Supreme Court or of the Court of Appeals, of a
judge of the Court of First Instance, Circuit
Criminal Court, Agrarian Relations, Tax Appeals,
Juvenile and Domestic Relations, city or
municipal court, or any other court hereafter
established shall be automatically entitled to a
lump sum of five year gratuity computed on the
basis of highest monthly salary plus the highest
monthly aggregate of transportation, living and
representation allowances he was receiving on
the date of his retirement; Provided, however,
That if the reason for the retirement be any
permanent disability contracted during his
incumbency in office and prior to the date of
retirement he shall receive only a gratuity
equivalent to ten years' salary and allowances
aforementioned with no further annuity payable
monthly during the rest of the retiree's natural
life. (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 is
entitled to the benefits of any prior retirement
gratuity Act shall have the option to choose
between the benefits in such Acts and those
herein provided for, and in such case he shall be
entitled 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 Court
of Appeals, or to the Court of First Instance,
Industrial Relations, Agrarian Relations, Tax
Appeals, or Juvenile and Domestic Relations, as
the case may be, shall be entitled to the benefits
of this Act on condition that, in case he has not
fully refunded to the Government the gratuity
previously received by him, there shall be
deducted from the amount payable to him under
this Act such monthly installments as are
required in Section six of Act Numbered Four
thousand fifty one, as amended, until the gratuity
already received by him shall have been
refunded in full. (As amended by RA 5095, June
17, 1967)
Section 5. The Government Service System
shall take charge of the enforcement and
operation of this Act, and no justice of the
Supreme Court, of the Court of Appeals, or
judge of the Court of First Instance, Industrial
Relations, Agrarian Relations, tax Appeals,
Juvenile and Domestic Relations, or city or
municipal judge shall be entitled to receive any
gratuity or pension herein provided for unless
from the month following the approval of this Act,
in case of an actual incumbent, or from the
month following his appointment and
qualification as such, in case of a future
appointment, he shall have contributed to the
funds of the System by paying a monthly
premium in accordance with following rates,
which fund shall also be made available for the
payment 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 Five
hundred and thirty-six and any other provision in
conflict with this Act are hereby repealed.
approval.
Approved: June 20, 1953
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Law on Obstruction of Justice (PD 1829)
PRESIDENTIAL DECREE No. 1829
PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS
WHEREAS, crime and violence continue to
proliferate despite the sustained vigorous efforts
of the government to effectively contain them;
WHEREAS, to discourage public indifference or
apathy towards the apprehension and
prosecution of criminal offenders, it is necessary
to penalize acts which obstruct or frustrate or
tend to obstruct or frustrate the successful
apprehension and prosecution of criminal
offenders;
NOW, THEREFORE, I, FERDINAND, E.
of the powers vested in me by law do hereby
decree and order the following:
Section 1. The penalty of prision correccional in
its maximum period, or a fine ranging from 1,000
to 6,000 pesos, or both, shall be imposed upon
any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension
of suspects and the investigation and
prosecution of criminal cases by committing any
of the following acts:
(a) preventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity of
any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force
or 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 investigation
of or official proceedings in, criminal cases,
or to be used in the investigation of, or
official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the
escape of, any person he knows, or has
reasonable ground to believe or suspect,
has committed any offense under existing
penal laws in order to prevent his arrest
prosecution and conviction;
(d) publicly using a fictitious name for the
purpose of concealing a crime, evading
prosecution or the execution of a judgment,
or concealing his true name and other
personal circumstances for the same
purpose or purposes;
(e) delaying the prosecution of criminal cases
by obstructing the service of process or
court orders or disturbing proceedings in the
fiscal's offices, in Tanodbayan, or in the
courts;
(f) making, presenting or using any record,
document, paper or object with knowledge
of its falsity and with intent to affect the
course or outcome of the investigation of, or
(g) soliciting, accepting, or agreeing to accept
any benefit in consideration of abstaining
from, discounting, or impeding the
prosecution of a criminal offender;
criminal cases;
If any of the acts mentioned herein is penalized
by any other law with a higher penalty, the
higher penalty shall be imposed.
Section 2. If any of the foregoing acts is
committed by a public official or employee, he
shall in addition to the penalties provided
thereunder, suffer perpetual disqualification from
holding public office.
Section 3. This Decree shall take effect
immediately.
Done in the City of Manila, this 16th day of
January, in the year of Our Lord, nineteen
hundred and eighty-one.
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2004 Rules on Notarial Practice
(Aug. 1, 2004)
RULE I
IMPLEMENTATION
Sec. 1. Title. - 2004 Rules on Notarial Practice.
Sec. 2. Purposes. -
a. promote, serve, and protect public
interest;
b. simplify, clarify, and modernize the rules
governing notaries public; and
c. foster ethical conduct among notaries
public.
Sec. 3. Interpretation. - Unless the context of
these Rules otherwise indicates, words in the
singular include the plural, and words in the
plural include the singular.
RULE II
DEFINITIONS
Sec. 1. Acknowledgment. - refers to 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. attested to be personally known to the
notary public or identified by the notary
public 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 to
sign in that capacity.
Sec. 2. Affirmation or Oath. - refers to an act in
a. appears in person before the notary public;
b. is personally known to the notary public
or identified by the notary public through
competent evidence of identity as defined by
these Rules; and
c. avows under penalty of law to the whole
truth of the contents of the instrument or
document.
Sec. 3. Commission. - grant of authority to
perform notarial acts and to the written evidence
of the authority.
Sec. 4. Copy Certification. - refers to a notarial
act in which a notary public:
a. is presented with an instrument or
document that is neither a vital record, a
public record, nor publicly recordable;
b. copies or supervises the copying of the
instrument or document;
c. compares the instrument or document with
the copy; and
d. determines that the copy is accurate and
complete.
Sec. 5. Notarial Register. - refers to a
permanently bound book with numbered
pages containing a chronological record of
notarial acts performed by a notary public.
Sec. 6. Jurat. - refers to an act in which an
individual on a single occasion:
and presents an instrument or document;
b. is personally known to the notary public or
identified by the notary public through
these Rules;
c. signs the instrument or document in the
presence of the notary; and
d. takes an oath or affirmation before the
notary public as to such instrument or
document.
Sec. 7. Notarial Act and Notarization. any act
that a notary public is empowered to perform
under these Rules.
Sec. 8. Notarial Certificate. - refers to the part
of, or attachment to, a notarized instrument
or document that is completed by the notary
public, bears the
notary's signature and seal, and
states the facts attested to by the
notary public in a particular notarization
as provided for by these Rules.
Sec. 9. Notary Public and Notary. - refer to any
person commissioned to perform official acts
under 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 legal
and notarial services.
Sec. 12. Competent Evidence of Identity. - refers
to the identification of an individual based on:
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a. at least one current identification
document issued by an official agency
bearing the photograph and signature of
the individual; or
b. the oath or affirmation of
one credible witness not privy to the
instrument, document or transaction
who is personally known to the notary
public and who personally knows the
individual, or
of two credible witnesses neither of
whom is privy to the instrument,
document or transaction who each
personally knows the individual and
shows to the notary public documentary
identification.
Sec. 13. Official Seal or Seal. - a device for
affixing a mark, image or impression on all
papers officially signed by the notary public
conforming the requisites prescribed by these
Rules.
Sec. 14. Signature Witnessing. - notarial act in
and presents an instrument or document;
these Rules; and
presence of the notary public.
Sec. 15. Court. - refers to the Supreme Court of
the Philippines.
Sec. 16. Petitioner. - refers to a person who
applies 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 the
Executive Judge of the Regional Trial Court of a
city or province who issues a notarial
commission.
Sec. 19. Vendor - refers to a seller of a notarial
seal and shall include a wholesaler or retailer.
Sec. 20. Manufacturer- refers to one who
produces a notarial seal and shall include an
engraver and seal maker.
RULE III
COMMISSIONING OF NOTARY PUBLIC
Sec. 1. Qualifications. - may be issued by an
Executive Judge to any qualified person who
submits a petition in accordance with these
Rules.
To be eligible for commissioning as notary
public, 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 place
of work or business in the city or province
where the commission is to be issued;
4. member of the Philippine Bar in good
standing with clearances from the Office of
the Bar Confidant of the Supreme Court and
the Integrated Bar of the Philippines; and
5. not have been convicted in the first
instance of any crime involving moral
turpitude.
Sec. 2. Form of the Petition and Supporting
Documents. - Every petition for a notarial
commission shall be in writing, verified, and
shall include the following:
a. statement containing the petitioner's
personal qualifications (date of birth,
residence, telephone number, professional
tax receipt, roll of attorney's number and IBP
membership number); ,
b. certification of good moral character of
the petitioner by at least two (2) executive
officers of the local chapter of the Integrated
Bar of the Philippines where he is applying
for commission;
c. proof of payment for the filing of the
petition as required by these Rules; and
d. three (3) passport-size color photographs
with light background taken within thirty (30)
days of the application. The photograph
should not be retouched. The petitioner shall
sign his name at the bottom part of the
photographs.
Sec. 3. Application Fee. - Every petitioner for a
notarial commission shall pay the application fee
as prescribed in the Rules of Court.
Sec. 4. Summary Hearing on the Petition. - The
Executive Judge shall conduct a summary
hearing on the petition and shall grant the same
if:
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 satisfaction
of the Executive Judge that he has read
and fully understood these Rules.
The Executive Judge shall forthwith issue a
commission and a Certificate of
Authorization to Purchase a Notarial Seal in
favor of the petitioner.
Sec. 5. Notice of Summary Hearing.
a. shall be published in a newspaper of
general circulation in the city or province
where the hearing shall be conducted
and posted in a conspicuous place in the
offices of the Executive Judge and of the
Clerk of Court. The cost of the publication
shall be borne by the petitioner. The notice
may include more than one petitioner.
b. shall be substantially in the following form;
NOTICE OF HEARING
Notice is hereby given that a summary
hearing on the petition for notarial
commission of (name of petitioner) shall
be held on (date) at (place) at (time).
Any person who has any cause or
reason to object to the grant of the
petition may file a verified written
opposition thereto, received by the
undersigned before the date of the
summary hearing.
______________
Executive Judge
Sec. 6. Opposition to Petition. - Any person who
has any cause or reason to object to the grant of
the petition may file a verified written opposition
thereto. The opposition must be received by
the Executive Judge before the date of the
summary hearing.
Sec. 7. Form of Notarial Commission. - shall be
in a formal order signed by the Executive
Judge substantially in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF
__________
This is to certify that (name of notary
public) of (regular place of work or
business) in (city or province) was on
this (date) day of (month) two thousand
and (year) commissioned by the
undersigned as a notary public, within
and for the said jurisdiction, for a term
ending the thirty-first day of December
(year)
_______________
Executive Judge
Sec. 8. Period Of Validity of Certificate of
Authorization to Purchase a Notarial Seal. - valid
for a period of three (3) months from date of
issue, unless extended by the Executive Judge.
A mark, image or impression of the seal
that may be purchased by the notary
public pursuant to the Certificate shall
be presented to the Executive Judge for
approval prior to use.
Sec. 9. Form of Certificate of Authorization to
Purchase a Notarial Seal. - shall substantially be
in the following form:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
OF___________
CERTIFICATE OF AUTHORIZATION
TO PURCHASE A NOTARIAL SEAL
This is to authorize (name of notary
public) of (city or province) who was
commissioned by the undersigned as a
notary public, within and for the said
jurisdiction, for a term ending, the thirty-
first of December (year) to purchase a
notarial seal.
Issued this (day) of (month) (year).
_______________
Executive Judge
Sec. 10. Official Seal of Notary Public. - Every
person commissioned as notary public shall
have only one official seal of office in
accordance with these Rules.
Sec. 11. Jurisdiction and Term. - in any place
within the territorial jurisdiction of the
commissioning court for a period of two (2)
years commencing the first day of January of
the year in which the commissioning is
made, unless earlier revoked or the notary
public has resigned under these Rules and the
Rules of Court.
Sec. 12. Register of Notaries Public. - The
Executive Judge shall keep and maintain a
Register of Notaries Public in his jurisdiction
which shall contain, among others, the
1. dates of issuance or revocation or
suspension of notarial commissions,
and
2. the resignation or death of notaries
public.
The Executive Judge shall
furnish the Office of Court
Administrator (OCA) information
and data recorded in the
register of notaries public.
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The OCA shall keep a
permanent, complete and
updated database of such
records.
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 the
expiration
3. A mark, image or impression of the seal
of the notary public shall be attached to
the application.
Failure to file said application will result in
the deletion of the name of the notary public
in the register of notaries public.
The notary public thus removed may only be
reinstated therein after he is issued a new
commission in accordance with these Rules.
Sec. 14. Action on Application for Renewal of
Commission. - The Executive Judge shall
1. upon payment of the application fee
mentioned in Section 3 above of this
Rule,
2. act on an application for the renewal
of a commission within thirty (30)
days from receipt
3. If the application is denied, the
Executive Judge shall state the reasons.
RULE IV
POWERS AND LIMITATIONS OF NOTARIES
PUBLIC
Sec. 1. Powers. A notary public is
a. empowered to perform the following
notarial acts:
1. acknowledgments;
2. oaths and affirmations;
3. jurats;
4. signature witnessings;
5. copy certifications; and
6. any other act authorized by these
Rules.
b. authorized to certify the affixing of a
signature by thumb or other mark on an
instrument or document presented for
notarization if:
1. the thumb or other mark is affixed in the
presence of the notary public and of two
(2) disinterested and unaffected
witnesses to the instrument or
document;
2. both witnesses sign their own names in
addition to the thumb or other mark;
3. the notary public writes below the thumb
or other mark: "Thumb or Other Mark
affixed by (name of signatory by mark)
in the presence of (names and
addresses of witnesses) and
undersigned notary public"; and
4. the notary public notarizes the signature
by thumb or other mark through an
acknowledgment, jurat, or signature
witnessing.
c. authorized to sign on behalf of a person
who is physically unable to sign or make
a mark on an instrument or document if:
1. the notary public is directed by the
person unable to sign or make a mark to
sign on his behalf;
2. the signature of the notary public is
affixed in the presence of two
disinterested and unaffected witnesses
to the instrument or document;
3. both witnesses sign their own names ;
4. the notary public writes below his
signature: "Signature affixed by notary in
presence of (names and addresses of
person and two \2] witnesses)"; and
5. the notary public notarizes his signature
by 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 parties
in the following sites located within his
territorial jurisdiction:
1. public offices, convention halls, and
similar places where oaths of office may
be administered;
2. public function areas in hotels and
similar places for the signing of
instruments or documents requiring
notarization;
3. hospitals and other medical
institutions where a party to an
instrument or document is confined for
treatment; and
4. any place where a party to an
instrument or document requiring
notarization is under detention.
b. shall not perform a notarial act if the person
involved as signatory to the instrument
or document -
1. is not in the notary's presence
personally at the time of the
notarization; and
2. is not personally known to the notary
public or otherwise identified by the
notary public through competent
evidence of identity as defined by these
Rules.
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Sec. 3. Disqualifications. - A notary public is
disqualified 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 these
Rules and by law; or
c. is a spouse, common-law partner,
ancestor, descendant, or relative by
affinity or consanguinity of the principal
within the fourth civil degree.
Sec. 4. Refusal to Notarize. - A notary public
shall not perform any notarial act described in
these Rules for any person requesting such an
act even if he tenders the appropriate fee
specified 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 notary
public reasonable doubt as to the former's
knowledge of the consequences of the
transaction requiring a notarial act; and
c. in the notary's judgment, the signatory is
not acting of his or her own free will.
Sec. 5. False or Incomplete Certificate. - A
notary 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. - A
notary public shall not notarize:
a. a blank or incomplete instrument or
document; or
b. an instrument or document without
appropriate notarial certification.
RULE V
FEES OF NOTARY PUBLIC
Sec. 1. Imposition and Waiver of Fees. - a
notary public may charge the maximum fee as
prescribed by the Supreme Court unless he
waives the fee in whole or in part.
Sec. 2. Travel Fees and Expenses. - may
charge travel fees and expenses separate and
apart from the notarial fees prescribed in the
preceding section when traveling to perform a
notarial act if the notary public and the person
requesting the notarial act agree prior to the
travel.
Sec. 3. Prohibited Fees. - No fee or
compensation of any kind
ECEPTION: those expressly prescribed and
allowed herein
Sec. 4. Payment or Refund of Fees. - A notary
public shall not require payment of any fees
specified herein prior to the performance of a
notarial act unless otherwise agreed upon.
travel fees and expenses paid prior to
the performance of a notarial act are
not subject to refund if the notary
public had already traveled but failed to
complete in whole or in part the notarial
act for reasons beyond his control and
without negligence on his part.
Sec. 5. Notice of Fees. - A notary public who
charges a fee for notarial services shall
1. issue a receipt registered with the
Bureau of Internal Revenue and
2. keep a journal of notarial fees shall
enter in the journal all fees charged for
services rendered.
3. post in a conspicuous place in his office
a complete schedule of chargeable
notarial fees.
RULE VI
NOTARIAL 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 the
cost thereof.
duly paged, and on the first page, the
Solicitor General shall certify the number
of pages of which the book consists.
For purposes of this provision, a Memorandum
of Agreement or Understanding may be entered
into 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 is
not personally known to the notary;
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7. the name and address of each credible
witness swearing to or affirming the
person'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 public
may deem of significance or relevance.
b. reasons and circumstances for not
completing 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. address
3. signature
4. thumb mark or other recognized
identifier, and
5. 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 an
original copy thereof as part of his records
and enter in said records a brief description
of the substance thereof and shall give to
each entry a consecutive number, beginning
with number one in each calendar year. He
shall also retain a duplicate original copy for
the Clerk of Court.
e. The notary public shall give to each
instrument or document executed, sworn to,
or acknowledged before him a number
corresponding to the one in his register, and
shall also state on the instrument or
document the page/s of his register on
which the same is recorded. No blank line
shall be left between entries.
f. In case of a protest of any draft, bill of
exchange or promissory note, the notary
public shall
1. make a full and true record of all
proceedings in relation thereto and
2. 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 the
number of instruments or documents
executed, sworn to, acknowledged, or
protested before him; or if none, this
certificate shall show this fact.
h. A certified copy of each month's entries and
a duplicate original copy of any instrument
acknowledged before the notary public shall,
within the first ten (10) days of the month
following, be forwarded to the Clerk of Court
and shall be under the responsibility of such
officer. If there is no entry to certify for the
month, the notary shall forward a statement
to this effect in lieu of certified copies herein
required.
Sec. 3. Signatures and Thumbmarks. - At the
time of notarization, the notary's notarial register
shall be signed or a thumb or other mark affixed
by each:
a. principal;
b. credible witness swearing or affirming to the
identity of a principal; and
c. witness to a signature by thumb or other
mark, or to a signing by the notary public on
behalf 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 proven
through competent evidence of identity
as defined in these Rules;
2. the person affixes a signature and
thumb 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, and
name of the principal in the notarial
act 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 a
law enforcement officer in the course of an
official investigation or by virtue of a court
order.
c. If the notary public has a reasonable ground
to believe that a person has a criminal intent
or wrongful motive in requesting information
from the notarial register, the notary shall
deny access to any entry or entries therein.
Sec. 5. Loss, Destruction or Damage of Notarial
Register.
a. In case the notarial register is stolen, lost,
destroyed, damaged, or otherwise rendered
unusable or illegible as a record of notarial
acts, 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 Executive
Judge by any means providing a proper
receipt or acknowledgment, including
registered mail and also provide a copy or
number of any pertinent police report.
b. Upon revocation or expiration of a
notarial commission, or death of the
notary public, the notarial register and
notarial records shall immediately be
delivered to the office of the Executive
Judge.
Sec. 6. Issuance of Certified True Copies. - to
any person applying for such copy upon
payment of the legal fees.
RULE VII
SIGNATURE 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 the
notary's commission;
b. not sign using a facsimile stamp or
printing device; and
c. affix his official signature only at the time
the notarial act is performed.
Sec. 2. Official Seal.
a. Every person commissioned as notary
public shall
1. have a seal of office
to be procured at his own expense
shall not be possessed or owned by
any other person
2. shall be of
i. metal
ii. circular in shape
iii. two inches in diameter
iv. name of the city or province and the
word "Philippines" and his own
name on the margin and the roll of
attorney's number on the face
thereof, with the words "notary
public" across the center.
A mark, image or impression of such
seal shall be made directly on the paper or
parchment on which the writing appears.
b. official seal shall be affixed only at the
time the notarial act is performedshall
be clearly impressed by the notary public on
every page of the instrument or document
notarized.
c. When not in use, the official seal shall be
kept safe and secure and shall be
accessible only to the notary public or the
person duly authorized by him.
d. Within five (5) days after the official seal of a
notary public is stolen, lost, damaged or
other otherwise rendered unserviceable in
affixing a legible image, the notary public
shall:
1. inform the appropriate law enforcement
agency
2. notify the Executive Judge in writing,
providing proper receipt or
acknowledgment, including registered
mail, and in the event of a crime
committed and provide a copy or entry
number of the appropriate police record.
3. Upon receipt of such notice, if found in
order by the Executive Judge, the latter
shall
i. order the notary public to cause
notice of such loss or damage to be
published, once a week for three (3)
consecutive weeks, in a newspaper
of general circulation in the city or
province where the notary public is
commissioned.
ii. shall issue to the notary public a
new Certificate of Authorization to
Purchase a Notarial Seal.
e. Within five (5) days after the death or
resignation of the notary public, or the
revocation or expiration of a notarial
commission,
1. the official seal shall be surrendered to
the Executive Judge and shall be
destroyed or defaced in public during
office hours.
2. In the event that the missing, lost or
damaged seal is later found or
surrendered, it shall be delivered by the
notary public to the Executive Judge to
be disposed of in accordance with this
section. Failure to effect such surrender
shall constitute contempt of court.
3. In the event of death of the notary
public, the person in possession of the
official seal shall have the duty to
surrender it to the Executive Judge.
Sec. 3. Seal Image. - The notary public shall
affix a single, clear, legible, permanent, and
photographically reproducible mark, image or
impression of the official seal beside his
signature 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 a
written authorization from the Executive
Judge.
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b. Upon written application and after payment
of the application fee
1. the Executive Judge may issue an
authorization to sell to a vendor or
manufacturer of notarial seals after
verification and investigation of the
latter's qualifications.
2. The Executive Judge shall charge an
authorization fee in the amount of Php
4,000 for the vendor and Php 8,000
for the manufacturer.
3. If a manufacturer is also a vendor, he
shall only pay the manufacturer's
authorization fee.
c. authorization shall be in effect for a
period of four (4) years from the date of
its issuance
may be renewed by the Executive Judge
for a similar period upon payment of the
authorization fee mentioned in the
preceding paragraph.
d. A vendor or manufacturer shall not sell a
seal to a buyer
EXCEPT: upon submission of a
1. certified copy of the commission and
the
2. Certificate of Authorization to
Purchase a Notarial Seal issued by
the Executive Judge.
3. A notary public obtaining a new seal
as a result of change of name shall
present to the vendor or
manufacturer a certified copy of the
Confirmation of the Change of
Name issued by the Executive
Judge.
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
shall
1. affix a mark, image or impression of the
seal to the Certificate of Authorization to
Purchase a Notarial Seal and
2. submit the completed Certificate to the
Executive Judge.
3. Copies of the Certificate of Authorization
to Purchase a Notarial Seal and the
buyer'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 the
vendor a certified copy of the order
confirming the change of name issued by
the Executive Judge.
RULE VIII
NOTARIAL CERTIFICATES
Sec. 1. Form of Notarial Certificate. - shall
conform to all the requisites prescribed herein,
the Rules of Court and all other provisions of
issuances by the Supreme Court and in
applicable laws.
Sec. 2. Contents of the Concluding Part of the
Notarial 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 public
is commissioned, the expiration date of
the commission, the office address of the
notary public; and
d. the roll of attorney's number, the
professional tax receipt number and the
place and date of issuance thereof, and
the IBP membership number.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES
PUBLIC
Sec. 1. Certificate of Authority for a Notarial Act.
CERTIFICATE OF AUTHORITY FOR A

NOTARIAL ACT
I, (name, title, jurisdiction of the
Executive Judge), certify that (name of
notary public), the person named in the
seal and signature on the attached
document, is a Notary Public in and for
the (City/Municipality/Province) of the
Republic of the Philippines and
authorized to act as such at the time of
the document's notarization.
IN WITNESS WHEREOF, I have affixed
below my signature and seal of this
office this (date) day of (month) (year).
_________________
(official signature)
(seal of Executive Judge)
RULE X
CHANGES 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 and
dated notice of such fact to the Executive
Judge.
4. The notary public shall not notarize until:
a. he receives from the Executive Judge a
confirmation of the new name of the notary
public and/or change of regular place of
work or business; and
b. a new seal bearing the new name has been
obtained.
until the aforementioned steps have
been completed, the notary public may
continue to use the former name or
regular place of work or business in
performing notarial acts for three (3)
months from the date of the change,
which may be extended once for valid
and just cause by the Executive Judge
for another period not exceeding three
(3) months.
Sec. 2. Resignation. - A notary public may resign
his commission by
1. personally submitting a written, dated and
signed formal notice to the Executive Judge
together with his notarial seal, notarial
register and records.
2. Effective from the date indicated in the
notice, he shall immediately cease to
perform notarial acts.
3. In the event of his incapacity to personally
appear, the submission of the notice may be
performed by his duly authorized
representative.
Sec. 3. Publication of Resignation. - to post in a
conspicuous place in the offices of the Executive
Judge and of the Clerk of Court the names of
notaries public who have resigned their notarial
commissions and the effective dates of their
resignation.
RULE XI
REVOCATION OF COMMISSION AND
DISCIPLINARY SANCTIONS
Sec. 1. Revocation and Administrative
Sanctions.
a. The Executive Judge shall revoke a notarial
commission for any ground on which an
application for a commission may be denied.
b. In addition, the Executive Judge may revoke
the commission of, or impose appropriate
administrative sanctions upon, any notary
public who:
1. fails to keep a notarial register;
2. fails to make the proper entry or entries
in his notarial register concerning his
notarial acts;
3. fails to send the copy of the entries to
the Executive Judge within the first ten
(10) days of the month following;
4. fails to affix to acknowledgments the
date of expiration of his commission;
5. fails to submit his notarial register, when
filled, to the Executive Judge;
6. fails to make his report, within a
reasonable time, to the Executive Judge
concerning the performance of his
duties, as may be required by the judge;
7. fails to require the presence of a
principal at the time of the notarial act;
8. fails to identify a principal on the basis of
personal knowledge or competent
evidence;
9. executes a false or incomplete
certificate under Section 5, Rule IV;
10. knowingly performs or fails to perform
any other act prohibited or mandated by
these Rules; and
11. commits any other dereliction or act
which in the judgment of the Executive
Judge constitutes good cause for
revocation of commission or imposition
of administrative sanction.
c. Upon verified complaint by an interested,
affected or aggrieved person, the notary
public shall
1. 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 not
proven, the complaint shall be
dismissed.
4. If the charges are duly established, the
Executive Judge shall impose the
appropriate administrative sanctions.
5. In either case, the aggrieved party may
appeal the decision to the Supreme
Court for review. Pending the appeal, an
order imposing disciplinary sanctions
shall be immediately executory, unless
otherwise ordered by the Supreme
Court.
d. The Executive Judge may motu proprio
initiate administrative proceedings
against a notary public, subject to the
procedures prescribed in paragraph (c)
above and impose the appropriate
administrative sanctions on the grounds
mentioned in the preceding paragraphs (a)
and (b).
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Sec. 2. Supervision and Monitoring of Notaries
Public. - The Executive Judge shall at all
times exercise supervision over notaries
public and shall closely monitor their
activities.
Sec. 3. Publication of Revocations and
Administrative Sanctions. - The Executive Judge
shall immediately order the Clerk of Court to
post in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the
names of notaries public who have been
administratively sanctioned or whose notarial
commissions have been revoked.
Sec. 4. Death of Notary Public. - If a notary
public dies before fulfilling the obligations in
Section 4(e), Rule VI and Section 2(e), Rule VII,
the Executive Judge, upon being notified of such
death, shall forthwith cause compliance with the
provisions of these sections.
RULE XII
SPECIAL PROVISIONS
Sec. 1. Punishable Acts. - The Executive Judge
shall 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 any
way influences a notary public to commit
official misconduct.
Sec. 2. Reports to the Supreme Court. - The
Executive Judge concerned shall submit
semestral reports to the Supreme Court on
discipline and prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
Sec. 1. Repeal. - All rules and parts of rules,
including issuances of the Supreme Court
inconsistent herewith, are hereby repealed or
accordingly modified.
Sec. 2. Effective Date. - These Rules shall take
effect on the first day of August 2004, and shall
be published in a newspaper of general
circulation in the Philippines which provides
sufficiently wide circulation.
Promulgated this 6th day of July, 2004.
BAR MATTER NO. 850
[October 02, 2001]
MANDATORY CONTINUING LEGAL
EDUCATION (MCLE)
RESOLUTION
ADOPTING THE REVISED RULES ON THE
CONTINUING LEGAL EDUCATION FOR
MEMBERS OF THE INTEGRATED BAR OF
THE PHILIPPINES
Considering the Rules on the Mandatory
Continuing Legal Education (MCLE) for
members of the Integrated Bar of the Philippines
(IBP), recommended by the IBP, endorsed by
the Philippine Judicial Academy, and reviewed
and passed upon by the Supreme Court
Committee on Legal Education, the Court
hereby resolves to approve, as it hereby
approves, the following Revised Rules for proper
implementation:
RULE 1
PURPOSE
SECTION 1. Purpose of the MCLE. Continuing
legal education is required of members of the
Integrated Bar of the Philippines (IBP) to ensure
that throughout their career, they keep abreast
with law and jurisprudence, maintain the ethics
of the profession and enhance the standards of
the practice of law.
RULE 2
MANDATORY CONTINUING LEGAL
EDUCATION
SECTION 1. Commencement of the MCLE. -
Within two (2) months from the approval of these
Rules by the Supreme Court En Banc, the
MCLE Committee shall be constituted and
shall commence the implementation of the
Mandatory 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 least
thirty-six (36) hours of continuing legal education
activities 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) credit
units.
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(b) At least four (4) hours shall be devoted to
trial and pretrial skills equivalent to four (4)
credit units.
(c) At least five (5) hours shall be devoted to
alternative dispute resolution equivalent to
five (5) credit units.
(d) At least nine (9) hours shall be devoted to
updates on substantive and procedural laws,
and jurisprudence equivalent to nine (9)
credit units.
(e) At least four (4) hours shall be devoted to
legal writing and oral advocacy equivalent
to four (4) credit units.
(f) At least two (2) hours shall be devoted to
international law and international
conventions equivalent to two (2) credit
units.
(g) The remaining six (6) hours shall be devoted
to such subjects as may be prescribed by
the MCLE Committee equivalent to six (6)
credit units.
RULE 3
COMPLIANCE PERIOD
SECTION 1. Initial compliance period. - The
initial compliance period shall begin not later
than three (3) months from the adoption of these
Rules. Except for the initial compliance period
for members admitted or readmitted after the
establishment of the program, all compliance
periods shall be for thirty-six (36) months and
shall begin the day after the end of the previous
compliance period.
SEC. 2. Compliance Groups. - Members of the
IBP not exempt from the MCLE requirement
shall be divided into three (3) compliance
groups, namely:
(a) Compliance group 1. - Members in the
National Capital Region (NCR) or Metro
Manila are assigned to Compliance Group 1.
(b) Compliance group 2. - Members in Luzon
outside NCR are assigned to Compliance
Group 2.
(c) Compliance group 3. - Members in Visayas
and Mindanao are assigned to Compliance
Group 3.
Nevertheless, members may participate in
any legal education activity wherever it may
be available to earn credit unit toward
compliance with the MCLE requirement.
SEC. 3. Compliance period of members
admitted or readmitted after establishment of the
program. Members admitted or readmitted to
the Bar after the establishment of the program
shall be assigned to the appropriate Compliance
Group based on their Chapter membership on
the date of admission or readmission.
The initial compliance period after admission or
readmission shall begin on the first day of the
month of admission or readmission and shall
end on the same day as that of all other
members in the same Compliance Group.
(a) Where four (4) months or less remain of the
initial compliance period after admission or
readmission, the member is not required to
comply with the program requirement for the
initial compliance.
(b) Where more than four (4) months remain of
the initial compliance period after admission
or readmission, the member shall be
required to complete a number of hours of
approved continuing legal education
activities equal to the number of months
remaining in the compliance period in which
the member is admitted or readmitted. Such
member shall be required to complete a
number of hours of education in legal ethics
in proportion to the number of months
remaining in the compliance period.
Fractions of hours shall be rounded up to
the next whole number.
RULE 4
COMPUTATION OF CREDIT UNITS
SECTION 1. Guidelines. CREDIT UNITS ARE
EQUIVALENT TO CREDIT HOURS. CREDIT
UNITS measure compliance with the MCLE
requirement under the Rules, based on the
category of the lawyers participation in the
MCLE activity. The following are the
guidelines for computing credit units and the
supporting documents required therefor:
PROGRAMS/A
CTIVITY
CREDIT
UNITS
SUPPORTING
DOCUMENTS
1. SEMINARS, CONVENTIONS,
CONFERENCES, SYMPOSIA, IN-HOUSE
EDUCATION PROGRAMS, WORKSHOPS,
DIALOGUES, ROUND TABLE DISCUSSIONS
BY APPROVED PROVIDERS UNDER RULE 7
AND OTHER RELATED RULES
1.
PARTICIPANT/
ATTENDEE
1 CU PER
HOUR OF
ATTENDA
NCE
CERTIFICATE OF
ATTENDANCE
WITH NUMBER
OF HOURS
1.2 LECTURER
RESOURCE
SPEAKER
FULL CU
FOR THE
SUBJECT
PER
PHOTOCOPY OF
PLAQUE OR
SPONSORS
CERTIFICATION
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COMPLIA
NCE
PERIOD
1.3
PANELIST/REA
CTOR
COMMENTATO
R/
MODERATOR/
COORDINATO
R/
FACILITATOR
OF CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
CERTIFICATION
FROM
SPONSORING
ORGANIZATION
2. AUTHORSHIP, EDITING AND REVIEW
2.1 LAW BOOK
OF NOT LESS
THAN 100
PAGES
FULL CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
PUBLISHED
BOOK
2.2 BOOK
EDITOR
OF
THE CU
OF
AUTHOR
SHIP
CATEGO
RY
PUBLISHED
BOOK WITH
PROOF AS
EDITOR
2.3 RESEARCH
PAPER
INNOVATIVE
PROGRAM/
CREATIVE
PROJECT
OF CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
DULY
CERTIFIED/PUBL
ISHED
TECHNICAL
REPORT/PAPER
2.4 LEGAL
ARTICLE OF
AT LEAST TEN
(10) PAGES
OF CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
PUBLISHED
ARTICLE
2.5 LEGAL
NEWSLETTER/
LAW JOURNAL
EDITOR
1 CU PER
ISSUE
PUBLISHED
NEWSLETTER/J
OURNAL
2.6
PROFESSORIA
L CHAIR/
BAR REVIEW
LECTURE
LAW
TEACHING/
FULL CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
CERTIFICATION
OF LAW DEAN
OR BAR REVIEW
DIRECTOR
RULE 5
CATEGORIES OF CREDIT UNITS
SECTION 1. Classes of credit units. -Credit
units are either participatory or non-
participatory.
SEC. 2. Claim for participatory credit units. -
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 table
discussion.
(b) Speaking or lecturing, or acting as assigned
panelist, reactor, commentator, resource
speaker, 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 units.
- Non-participatory credit units may be claimed
per 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 which
contribute to the legal education of the
author member, which were not prepared in
the ordinary course of the member's practice
or employment.
(b) Editing a law book, law journal or legal
newsletter.
RULE 6
COMPUTATION OF CREDIT HOURS
SECTION 1. Computation of credit hours. -
Credit hours are computed based on actual time
spent in an education activity in hours to the
nearest one-quarter hour reported in decimals.
RULE 7
EXEMPTIONS
SECTION 1. Parties exempted from the MCLE. -
The following members of the Bar are exempt
from the MCLE requirement:
(a) The President and the Vice President of the
Philippines, and the Secretaries and
Undersecretaries 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 retired
members of the judiciary, incumbent
members of the Judicial and Bar Council
and incumbent court lawyers covered by the
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Philippine Judicial Academy program of
continuing judicial education;
(d) The Chief State Counsel, Chief State
Prosecutor and Assistant Secretaries of the
Department of Justice;
(e) The Solicitor General and the Assistant
Solicitors General;
(f) The Government Corporate Counsel,
Deputy and Assistant Government
Corporate Counsel;
(g) The Chairmen and Members of the
Constitutional Commissions;
(h) The Ombudsman, the Overall Deputy
Ombudsman, the Deputy Ombudsman and
the Special Prosecutor of the Office of the
Ombudsman;
(i) Heads of government agencies exercising
quasi-judicial functions;
(j) Incumbent deans, bar reviewers and
professors of law who have teaching
experience for at least ten (10) years in
accredited law schools;
(k) The Chancellor, Vice-Chancellor and
members of the Corps of Professors and
Professorial Lecturers of the Philippine
Judicial Academy; and
(l) Governors and Mayors.
SEC. 2. Other parties exempted from the MCLE.
- The following Members of the Bar are likewise
exempt:
(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 file
a verified request setting forth good cause for
exemption (such as physical disability, illness,
post graduate study abroad, proven expertise in
law, etc.) from compliance with or modification of
any of the requirements, including an extension
of time for compliance, in accordance with a
procedure to be established by the MCLE
Committee.
SEC. 4. Change of status. - The compliance
period shall begin on the first day of the month in
which a member ceases to be exempt under
Sections 1, 2, or 3 of this Rule and shall end on
the same day as that of all other members in the
same Compliance Group.
SEC. 5. Proof of exemption. - Applications for
exemption from or modification of the MCLE
requirement shall be under oath and supported
by documents.
RULE 8
STANDARDS FOR APPROVAL OF
EDUCATION ACTIVITIES
SECTION 1. Approval of MCLE program. -
Subject to the implementing regulations that
may be adopted by the MCLE Committee,
continuing legal education program may be
granted approval in either of two (2) ways: (1)
the provider of the activity is an accredited
provider and certifies that the activity meets the
criteria of Section 2 of this Rule; and (2) the
provider is specifically mandated by law to
provide continuing legal education.
SEC. 2. Standards for all education activities. -
All continuing legal education activities must
meet 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 subjects
and the legal profession, including cross
profession activities (e.g., accounting-tax or
medical-legal) that enhance legal skills or
the ability to practice law, as well as subjects
in 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 must
be distributed to all participants. Such
materials must be distributed at or before
the time the activity is offered.
(e) In-house education activities must be
scheduled at a time and location so as to be
free from interruption like telephone calls
and other distractions.
RULE 9
ACCREDITATION OF PROVIDERS
SECTION 1. Accreditation of providers. -
Accreditation of providers shall be done by the
MCLE Committee.
SEC. 2. Requirements for accreditation of
providers. - Any person or group may be
accredited as a provider for a term of two (2)
years, which may be renewed, upon written
application. All providers of continuing legal
education activities, including in-house
providers, are eligible to be accredited
providers. 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) Be accompanied by the appropriate
approval fee.
SEC. 3. Requirements of all providers. - All
approved accredited providers shall agree to
the following:
(a) An official record verifying the attendance at
the activity shall be maintained by the
provider for at least four (4) years after the
completion date. The provider shall include
the member on the official record of
attendance only if the member's signature
was obtained at the time of attendance at
the activity. The official record of attendance
shall contain the member's name and
number in the Roll of Attorneys and shall
identify the time, date, location, subject
matter, and length of the education activity.
A copy of such record shall be furnished the
MCLE COMMITTEE.
(b) The provider shall certify that:
(1) This activity has been approved BY THE
MCLE COMMITTEE in the amount of
_______ hours of which _____ hours
will apply in (legal ethics, etc.), as
appropriate to the content of the activity;
(2) The activity conforms to the standards
for approved education activities
prescribed by these Rules and such
regulations as may be prescribed by the
MCLE COMMITTEE.
(c) The provider shall issue a record or
certificate to all participants identifying the
time, date, location, subject matter and
length of the activity.
(d) The provider shall allow in-person
observation of all approved continuing legal
education activity by THE MCLE
COMMITTEE, members of the IBP Board of
Governors, or designees of the Committee
and IBP Board for purposes of monitoring
compliance with these Rules.
(e) The provider shall indicate in promotional
materials, the nature of the activity, the time
devoted to each topic and identity of the
instructors. The provider shall make
available to each participant a copy of THE
MCLE COMMITTEE-approved Education
Activity Evaluation Form.
(f) The provider shall maintain the completed
Education Activity Evaluation Forms for a
period of not less than one (1) year after the
activity, copy furnished the MCLE
COMMITTEE.
(g) Any person or group who conducts an
unauthorized activity under this program or
issues a spurious certificate in violation of
these Rules shall be subject to appropriate
sanctions.
SEC. 4. Renewal of provider accreditation. -
The accreditation of a provider may be
renewed every two (2) years. It may be denied if
the provider fails to comply with any of the
requirements of these Rules or fails to provide
satisfactory education activities for the preceding
period.
SEC. 5. Revocation of provider accreditation. -
The accreditation of any provider referred to in
Rule 9 may be revoked by a majority vote of the
MCLE Committee, after notice and hearing and
for good cause.
RULE 10
FEE FOR APPROVAL OF ACTIVITY AND
ACCREDITATION OF PROVIDER
SECTION 1. Payment of fees. - Application for
approval of an education activity or accreditation
as a provider requires payment of the
appropriate fee as provided in the Schedule of
MCLE Fees.
RULE 11
GENERAL COMPLIANCE PROCEDURES
SECTION 1. Compliance card. - Each member
shall secure from the MCLE Committee a
Compliance Card before the end of his
compliance period. He shall complete the card
by attesting under oath that he has complied
with the education requirement or that he is
exempt, specifying the nature of the exemption.
Such Compliance Card must be returned to the
Committee not later than the day after the end
of the member's compliance period.
SEC. 2. Member record keeping requirement. -
Each member shall maintain sufficient record of
compliance or exemption, copy furnished the
MCLE Committee. The record required to be
provided to the members by the provider
pursuant to Section 3 of Rule 9 should be a
sufficient record of attendance at a participatory
activity. A record of non-participatory activity
shall also be maintained by the member, as
referred to in Section 3 of Rule 5.
RULE 12
NON-COMPLIANCE PROCEDURES
SECTION 1. What constitutes non-compliance. -
The following shall constitute non-compliance:
(a) Failure to complete the education
requirement within the compliance period;
(b) Failure to provide attestation of compliance
or exemption;
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(c) Failure to provide satisfactory evidence of
compliance (including evidence of exempt
status) within the prescribed period;
(d) Failure to satisfy the education requirement
and furnish evidence of such compliance
within sixty (60) days from receipt of non-
compliance notice;
(e) Failure to pay non-compliance fee within the
prescribed period;
(f) Any other act or omission analogous to any
of the foregoing or intended to circumvent or
evade compliance with the MCLE
requirements.
SEC. 2. Non-compliance notice and 60-day
period to attain compliance. - Members failing to
comply will receive a Non-Compliance Notice
stating the specific deficiency and will be given
sixty (60) days from the date of notification to file
a response clarifying the deficiency or otherwise
showing compliance with the requirements.
Such notice shall contain the following language
near the beginning of the notice in capital letters:
IF YOU FAIL TO PROVIDE ADEQUATE
PROOF OF COMPLIANCE WITH THE MCLE
REQUIREMENT BY (INSERT DATE 60 DAYS
FROM DATE OF NOTICE), YOU SHALL BE
LISTED AS A DELINQUENT MEMBER AND
SHALL NOT BE PERMITTED TO PRACTICE
LAW UNTIL SUCH TIME AS ADEQUATE
PROOF OF COMPLIANCE IS RECEIVED BY
THE MCLE COMMITTEE.
Members given sixty (60) days to respond to a
Non-Compliance Notice may use this period to
attain the adequate number of credit units for
compliance. Credit units earned during this
period may only be counted toward compliance
with the prior compliance period requirement
unless units in excess of the requirement are
earned, in which case the excess may be
counted toward meeting the current compliance
period requirement.
RULE 13
CONSEQUENCES OF NON-COMPLIANCE
SECTION 1. Non-compliance fee. - A member
who, for whatever reason, is in non-compliance
at the end of the compliance period shall pay a
non-compliance fee.
SEC. 2. Listing as delinquent member. - A
member who fails to comply with the
requirements after the sixty (60) day period for
compliance has expired, shall be listed as a
delinquent member of the IBP upon the
recommendation of the MCLE Committee. The
investigation of a member for non-compliance
shall be conducted by the IBP's Commission on
Bar Discipline as a fact-finding arm of the MCLE
Committee.
SEC. 3. Accrual of membership fee. -
Membership fees shall continue to accrue at the
active rate against a member during the period
he/she is listed as a delinquent member.
RULE 14
REINSTATEMENT
SECTION 1. Process. - The involuntary listing as
a delinquent member shall be terminated when
the member provides proof of compliance with
the MCLE requirement, including payment of
non-compliance fee. A member may attain the
necessary credit units to meet the requirement
for the period of non-compliance during the
period the member is on inactive status. These
credit units may not be counted toward meeting
the current compliance period requirement.
Credit units earned during the period of non-
compliance in excess of the number needed to
satisfy the prior compliance period requirement
may be counted toward meeting the current
compliance period requirement.
SEC. 2. Termination of delinquent listing is an
administrative process. - The termination of
listing as a delinquent member is administrative
in nature AND it shall be made by the MCLE
Committee.
RULE 15
COMMITTEE ON MANDATORY CONTINUING
LEGAL EDUCATION
SECTION 1. Composition. - The MCLE
Committee shall be composed of five (5)
members, namely, a retired Justice of the
Supreme Court as Chair, and four (4) members
respectively nominated by the IBP, the
Philippine Judicial Academy, a law center
designated by the Supreme Court and
associations of law schools and/or law
professors.
The members of the Committee shall be of
proven probity and integrity. They shall be
appointed by the Supreme Court for a term of
three (3) years and shall receive such
compensation as may be determined by the
Court.
SEC. 2. Duty of committee. - The MCLE
Committee shall administer and adopt such
implementing rules as may be necessary subject
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to the approval of the Supreme Court. It shall, in
consultation with the IBP Board of Governors,
prescribe a schedule of MCLE fees with the
approval of the Supreme Court.
SEC. 3. Staff of the MCLE Committee. - Subject
to approval by the Supreme Court, the MCLE
Committee shall employ such staff as may be
necessary to perform the record-keeping,
auditing, reporting, approval and other
necessary functions.
SEC. 4. Submission of annual budget. - The
MCLE Committee shall submit to the Supreme
Court for approval, an annual budget [for a
subsidy] to establish, operate and maintain the
MCLE Program.
This resolution shall take effect on the fifteenth
of September 2000, following its publication in
two (2) newspapers of general circulation in the
Philippines.
Adopted this 22nd day of August, 2000, as
amended on 02 October 2001
BM No. 2012
PROPOSED RULE ON MANDATORY LEGAL
AID SERVICE FOR PRACTICING LAWYERS
RESOLUTION
Acting on the Memorandum dated January 27,
2009 of Justice Renato C. Corona re: Comment
of the Integrated Bar of the Philippines on our
Suggested Revisions to the Proposed Rule of
Mandatory Legal Aid Service for Practicing
Lawyers, the Court Resolved to APPROVE the
same.
This Resolution shall take effect on July 1, 2009
following publication of the said Rule and its
implementing 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 to
enhance the duty of lawyers to society as agents
of social change and to the courts as officers
thereof by helping improve access to justice by
the less privileged members of society and
expedite the resolution of cases involving them.
Mandatory free legal service by members of the
bar and their active support thereof will aid the
efficient and effective administration of justice
especially in cases involving indigent and pauper
litigants.
SECTION 3. Scope. This Rule shall govern the
mandatory requirement for practicing lawyers to
render free legal aid services in all cases
(whether, civil, criminal or administrative)
involving indigent and pauper litigants where the
assistance of a lawyer is needed. It shall also
govern the duty of other members of the legal
profession to support the legal aid program of
the Integrated Bar of the Philippines.
SECTION 4. Definition of Terms. For purposes
of this Rule:
term practicing lawyers shall exclude:
practice;
appear in court;
agencies.
No. 150135, 30 October 2006, 506 SCRA
81);
(c) Legal aid cases are those actions, disputes,
and controversies that are criminal, civil and
administrative in nature in whatever stage
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wherein indigent and pauper litigants need
legal representation;
(d) Free legal aid services refer to appearance
in court or quasi-judicial body for and in
behalf of an indigent or pauper litigant and
the preparation of pleadings or motions. It
shall also cover assistance by a practicing
lawyer 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 be considered as free legal
aid services and credited as compliance
under this Rule;
(e) Integrated Bar of the Philippines (IBP) is the
official national organization of lawyers in
the country;
(f) National Committee on Legal Aid (NCLA) is
the committee of the IBP which is
specifically tasked with handling legal aid
cases;
(g) Committee on Bar Discipline (CBD) is the
committee of the IBP which is specifically
tasked with disciplining members of the Bar;
(h) IBP Chapters are those chapters of the
Integrated Bar of the Philippines located in
the different geographical areas of the
country as defined in Rule 139-A and
(i) Clerk of Court is the Clerk of Court of the
court where the practicing lawyer rendered
free legal aid services. In the case of quasi-
judicial bodies, it refers to an officer holding
an equivalent or similar position. The term
shall also include an officer holding a similar
position in agencies exercising quasi-judicial
functions, or a responsible officer of an
accredited PO or NGO, or an accredited
mediator who conducted the court-annexed
mediation proceeding.
SECTION 5. Requirements.
(a) Every practicing lawyer is required to render
a minimum of sixty (60) hours of free legal
aid services to indigent litigants in a year.
Said 60 hours shall be spread within a
period of twelve (12) months, with a
minimum of five (5) hours of free legal aid
services each month. However, where it is
necessary for the practicing lawyer to render
legal aid service for more than five (5) hours
in one month, the excess hours may be
credited to the said lawyer for the
succeeding periods.
For this purpose, a practicing lawyer
shall coordinate with the Clerk of Court for
cases where he may render free legal aid
service. He may also coordinate with the
IBP Legal Aid Chairperson of the IBP
Chapter to inquire about cases where he
may render free legal aid service. In this
connection, the IBP Legal Aid Chairperson
of the IBP Chapter shall regularly and
actively coordinate with the Clerk of Court.
The practicing lawyer shall report
compliance with the requirement within ten
(10) days of the last month of each quarter
of the year.
(b) A practicing lawyer shall be required to
secure and obtain a certificate from the
Clerk of Court attesting to the number of
hours spent rendering free legal aid services
in a case. The certificate shall contain the
following information:
(i) The case or cases where the legal aid
service was rendered, the party or
parties in the said case(s) for whom the
service was rendered, the docket
number of the said case(s) and the
date(s) the service was
rendered.
(ii) The number of hours actually spent
attending a hearing or conducting trial
on a particular case in the court or
quasi-judicial body.
(iii) The number of hours actually spent
attending mediation, conciliation or any
other mode of ADR on
a particular case.
(iv) A motion (except a motion for extension
of time to file a pleading or for
postponement of hearing or
conference) or pleading filed on a
particular case shall be considered as
one (1) hour of service.
The Clerk of Court shall issue the certificate
in triplicate, one (1) copy to be retained by
the practicing lawyer, one (1) copy to be
retained by the Clerk of Court and one (1)
copy to be attached to the lawyers
compliance report.
(c) Said compliance report shall be submitted to
the Legal Aid Chairperson of the IBP
Chapter within the courts jurisdiction. The
Legal Aid Chairperson shall then be tasked
with immediately verifying the contents of
the certificate with the issuing Clerk of Court
by comparing the copy of the certificate
attached to the compliance report with the
copy retained by the Clerk of Court.
(d) The IBP Chapter shall, after verification,
issue a compliance certificate to the
concerned lawyer. The IBP Chapter shall
also submit the compliance reports to the
IBPs NCLA for recording and
documentation. The submission shall be
made within forty-five (45) days after the
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mandatory submission of compliance
reports by the practicing lawyers.
(e) Practicing lawyers shall indicate in all
pleadings filed before the courts or quasi-
judicial bodies the number and date of issue
of their certificate of compliance for the
immediately preceding compliance period.
Failure to disclose the required information
would cause the dismissal of the case and
the expunction of the pleadings from the
records.
(f) Before the end of a particular year, lawyers
covered by the category under Section
4(a)(i) and (ii), shall fill up a form prepared
by the NCLA which states that, during that
year, they are employed with the
government or incumbent elective officials
not allowed by law to practice or lawyers
who by law are not allowed to appear in
court. The form shall be sworn to and
submitted to the IBP Chapter or IBP
National Office together with the payment of
an annual contribution of Two Thousand
Pesos (P2,000). Said contribution shall
accrue to a special fund of the IBP for the
support of its legal aid program.
(g) Before the end of a particular year, lawyers
4(a)(iii) shall secure a certification from the
director of the legal clinic or of the
concerned NGO or PO to the effect that,
during that year, they have served as
supervising lawyers in a legal clinic or
actively
participated in the NGOs or POs free legal
aid activities. The certification shall be
National Office.
(h) Before the end of a particular year, lawyers
4(a)(iv) shall fill up a form prepared by the
NCLA which states that, during that year,
they are neither practicing lawyers nor
covered by Section (4)(a)(i) to (iii). The form
shall be sworn to and submitted to the IBP
Chapter or IBP National Office together with
the payment of an annual contribution of
Four Thousand Pesos (P4,000) by
way of support for the efforts of practicing
lawyers who render mandatory free legal aid
services. Said contribution shall accrue to a
special fund of the IBP for the support of its
legal aid program.
(i) Failure to pay the annual contribution shall
subject the lawyer to a penalty of Two
Thousand Pesos (P2,000) for that year
which amount shall also accrue to the
special fund for the legal aid program of the
IBP.
SECTION 6. NCLA.
(a) The NCLA shall coordinate with the various
legal aid committees of the IBP local
chapters for the proper handling and
accounting of legal aid cases which
practicing lawyers can represent.
(b) The NCLA shall monitor the activities of the
Chapter of the Legal Aid Office with respect
to the coordination with Clerks of Court on
legal aid cases and the collation of
certificates submitted by practicing lawyers.
(c) The NCLA shall act as the national
repository of records in compliance with this
Rule.
(d) The NCLA shall prepare the following
forms: certificate to be issued by the Clerk
of Court and forms mentioned in Section
5(e) and (g).
(e) The NCLA shall hold in trust, manage and
utilize the contributions and penalties that
will be paid by lawyers pursuant to this Rule
to effectively carry out the provisions of this
Governors. The accounting shall be
included by the IBP in its report to the
Supreme Court in connection 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 the
minimum prescribed 60 hours of legal aid
service each year shall be required by the
IBP, through the NCLA, to explain why he
was unable to render the minimum
prescribed number of hours. If no
explanation has been given or if the NCLA
finds the explanation unsatisfactory, the
NCLA shall make a report and
recommendation to the IBP Board of
Governors that the erring lawyer be declared
a member of the IBP who is not in good
recommendation, the IBP Board of
Governors shall declare the erring lawyer as
a member not in good standing. Notice
thereof shall be furnished the erring lawyer
and the IBP Chapter which submitted the
lawyers compliance report or the IBP
Chapter where the lawyer is registered, in
case he did not submit a compliance report.
The notice to the lawyer shall include a
directive to pay Four Thousand Pesos
IBP.
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(b) The not in good standing declaration shall
be effective for a period of three (3) months
from the receipt of the erring lawyer of the
notice from the IBP Board of Governors.
During the said period, the
lawyer cannot appear in court or any quasi-
judicial body as counsel. Provided, however,
that the not in good standing status shall
subsist even after the lapse of the three-
month period until and unless the penalty
shall have been paid.
(c) Any lawyer who fails to comply with his
duties under this Rule for at least three (3)
consecutive years shall be the subject of
disciplinary proceedings to be instituted
motu proprio by the CBD. The said
proceedings 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, the
penalty of suspension in the practice of law
for one (1) year shall be imposed upon him.
(d) Any lawyer who falsifies a certificate or any
form required to be submitted under this
Rule or any contents thereof shall be
administratively charged with falsification
and dishonesty and shall
be 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 any
contents thereof by any Clerk of Court or by
any Chairperson of the Legal Aid Committee
of the IBP local chapter where the case is
pending or by the Director of a
legal clinic or responsible officer of an NGO
or PO shall be a ground for an
administrative case against the said Clerk of
Court or Chairperson. This is without
prejudice to the filing of the criminal
and administrative charges against the
malfeasor.
SECTION 8. Credit for Mandatory Continuing
Legal Education (MCLE). A lawyer who
renders mandatory legal aid service for the
required number of hours in a year for the three
year-period covered by a compliance period
under the Rules on MCLE shall be credited the
following: 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 oral
advocacy, four (4) credit units for substantive
and procedural laws and jurisprudence and six
(6) credit units for such subjects as may be
prescribed by the MCLE Committee under
Section 2(g), Rule 2 of the Rules on MCLE.
A lawyer who renders mandatory legal aid
service for the required number of hours in a
year for at least two consecutive years within the
three year-period covered by a compliance
period under the Rules on MCLE shall be
credited the following: one (1) credit unit for legal
ethics, one (1) credit unit for trial and pretrial
skills, one (1) credit unit for alternative dispute
resolution, two (2) credit units for legal writing
and oral advocacy, two (2) credit units for
substantive and procedural laws and
jurisprudence and three (3) credit units for such
subjects as may be prescribed by the MCLE
Committee under Section 2(g), Rule 2 of the
Rules on MCLE.
SECTION 9. Implementing Rules. The IBP,
through the NCLA, is hereby given authority to
recommend implementing regulations in
determining who are practicing lawyers, what
constitute legal aid cases and what
administrative procedures and financial
safeguards which may be necessary and proper
in the implementation of this rule may be
prescribed. It shall coordinate with the various
legal chapters in the crafting of the proposed
implementing regulations and, upon approval by
the IBP Board of Governors, the said
implementing regulations shall be transmitted to
the Supreme Court for final approval.
SECTION 10. Effectivity. This Rule and its
implementing rules shall take effect on July 1,
2009 after they have been published in two (2)
B.M. No. 1153
LETTER OF ATTY. ESTELITO P. MENDOZA
PROPOSING REFORMS IN THE BAR
EXAMINATIONS THROUGH AMENDMENTS
TO RULE 138 OF THE RULES OF COURT
RESOLUTION
Sirs/Mesdames :
Quoted hereunder, for your information, is a
resolution 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 138
of the Rules of Court). The Court Resolved to
APPROVE the proposed amendments to
Sections 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 in
the two preceding sections shall, before
being admitted to the examination,
satisfactorily show that they have
successfully completed all the
prescribed courses for the degree of
Bachelor of Laws or its equivalent
degree, in a law school or university
officially recognized by the Philippine
Government or by the proper authority
in the foreign jurisdiction where the
degree has been granted.
No applicant who obtained the Bachelor
of Laws degree in this jurisdiction shall
be admitted to the bar examination
unless he or she has satisfactorily
completed the following course in a law
school or university duly recognized by
the government: civil law, commercial
law, remedial law, criminal law, public
and private international law, political
law, labor and social legislation, medical
jurisprudence, taxation and legal ethics.
A Filipino citizen who graduated from a
foreign law school shall be admitted to
the bar examination only upon
submission to the Supreme Court of
certifications showing: (a) completion of
all courses leading to the degree of
Bachelor of Laws or its equivalent
degree; (b) recognition or accreditation
of the law school by the proper
authority; and (c) completion of all the
fourth year subjects in the Bachelor of
Laws academic program in a law school
duly recognized by the Philippine
Government.
SEC. 6. Pre-Law. An applicant for
admission to the bar examination shall
present a certificate issued by the
proper government agency that, before
commencing the study of law, he or she
had pursued and satisfactorily
completed in an authorized and
recognized university or college,
requiring for admission thereto the
completion of a four-year high school
course, the course of study prescribed
therein for a bachelor's degree in arts or
sciences.
A Filipino citizen who completed and
obtained his or her Bachelor of Laws
degree or its equivalent in a foreign law
school must present proof of having
completed a separate bachelor's degree
course.
The Clerk of Court, through the Office of the Bar
Confidant, is hereby directed to CIRCULARIZE
this resolution among all law schools in the
country."
Very truly yours,
(SGD.) MA. LUISA D. VILLARAMA
Clerk of Court
Republic Act No. 9999
AN ACT PROVIDING A MECHANISM FOR
FREE LEGAL ASSISTANCE AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. - This Act shall be known
as the "Free Legal Assistance Act of 2010".
Section 2. Declaration of Policy. - It is the
declared policy of the State to value the dignity
of every human person and guarantee the rights
of every individual, particularly those who cannot
afford the services of legal counsel.
Furthermore, it is the policy of the State to
promote a just and dynamic social order that will
ensure the prosperity and independence of the
nation and free the people from poverty through
policies and programs that provide adequate
social services and improve the quality of life for
all.
In addition, the State shall guarantee free legal
assistance to the poor and ensure that every
person who cannot afford the services of a
counsel is provided with a competent and
independent counsel preferably of his/her own
choice, if upon determination it appears that the
party cannot afford the services of a counsel,
and that services of a counsel are necessary to
secure 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 be
performed by a lawyer refers to any activity
which requires the application of law, legal
procedure, knowledge, training and experiences
which shall include, among others, legal advice
and counsel, and the preparation of instruments
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and contracts, including appearance before the
administrative and quasi-judicial offices, bodies
and tribunals handling cases in court, and other
similar services as may be defined by the
Supreme Court.
Section 4. Requirements for Availment. - For
purposes of availing of the benefits and services
as envisioned in this Act, a lawyer or
professional partnership shall secure a
certification from the Public Attorney's Office
(PAO), the Department of Justice (DOJ) or
accredited association of the Supreme Court
indicating that the said legal services to be
provided are within the services defined by the
Supreme Court, and that the agencies cannot
provide the legal services to be provided by the
private counsel.
For purpose of determining the number of hours
actually provided by the lawyer and/or
professional firm in the provision of legal
services, the association and/or organization
duly accredited by the Supreme Court shall
issue the necessary certification that said legal
services were actually undertaken.
The certification issued by, among others, the
PAO, the DOJ and other accredited association
by the Supreme Court shall be submitted to the
Bureau of Internal Revenue (BIR) for purposes
of availing the tax deductions as provided for in
this Act and to the DOJ for purposes of
monitoring.
Section 5. Incentives to Lawyers. - For
purposes of this Act, a lawyer or professional
partnerships rendering actual free legal services,
as defined by the Supreme Court, shall be
entitled to an allowable deduction from the gross
income, the amount that could have been
collected for the actual free legal services
rendered or up to ten percent (10%) of the gross
income derived from the actual performance of
the legal profession, whichever is lower:
Provided, That the actual free legal services
herein contemplated shall be exclusive of the
minimum sixty (60)-hour mandatory legal aid
services rendered to indigent litigants as
required under the Rule on Mandatory Legal Aid
Services for Practicing Lawyers, under BAR
Matter No. 2012, issued by the Supreme Court.
Section 6. Information, Education and
Communication (IEC) Campaign. - The DOJ, in
cooperation with the Philippine Information
Agency (PIA), is hereby mandated to conduct an
annual IEC campaign in order to inform the
lawyers of the procedures and guidelines in
availing tax deductions and inform the general
public that a free legal assistance to those who
cannot afford counsel is being provided by the
State.
Section 7. Reportorial Requirement. - For
purposes of determining the effectiveness and
social impact of the provisions of this Act, the
DOJ shall submit an annual report to both
Houses of Congress indicating therewith the
number of parties who benefited from this Act.
The report shall state in detail, among others,
the geographic location, demographic
characteristics and socioeconomic profile of the
beneficiaries of this Act.
Section 8. Implementing Rules and Regulations
(IRR). - Within ninety (90) days from the date
effectivity of this Act, the BIR shall formulate the
necessary revenue regulations for the proper
implementation of the tax component as
envisioned in this Act.
The Supreme Court shall formulate the
necessary implementing rules and regulations
with respect to the legal services covered under
this Act and the process of accreditation of
organizations and/or associations which will
provide free legal assistance.
Section 9. Separability Clause. - If any provision
of this Act is declared unconstitutional or invalid,
the other provisions not affected by such
declaration shall remain in full force and effect.
Section 10. Repealing Clause. - Any law,
decree, ordinance or administrative circular not
consistent with any provision of this Act is
hereby amended, repealed or modified
accordingly.
Section 11. Effectivity Clause. - This Act shall
take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2)
Approved: FEB 23, 2010
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AN ACT ESTABLISHING A CODE OF
CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES, TO
UPHOLD THE TIME-HONORED PRINCIPLE
OF PUBLIC OFFICE BEING A PUBLIC
TRUST, GRANTING INCENTIVES AND
REWARDS FOR EXEMPLARY SERVICE,
ENUMERATING PROHIBITED ACTS AND
TRANSACTIONS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
AND FOR OTHER PURPOSES
Section 7. Prohibited Acts and Transactions. -
In addition to acts and omissions of public
officials and employees now prescribed in the
Constitution and existing laws, the following shall
constitute prohibited acts and transactions of
any public official and employee and are hereby
declared to be unlawful:
(a) Financial and material interest. - Public
officials and employees shall not, directly or
indirectly, have any financial or material
interest in any transaction requiring the
approval of their office.
(b) Outside employment and other activities
related thereto. - Public officials and
employees during their incumbency shall
not:
(1) 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;
(2) Engage in the private practice of their
profession unless authorized by the
Constitution or law, provided, that
such practice will not conflict or tend
to conflict with their official
functions; or
(3) Recommend any person to any
position in a private enterprise which
has a regular or pending official
transaction with their office.
These prohibitions shall continue to
apply for a period of one (1) year after
resignation, retirement, or separation
from public office, except in the case of
subparagraph (b) (2) above, but the
professional concerned cannot practice
his profession in connection with any
matter before the office he used to be
with, in which case the one-year
prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential
information. - Public officials and employees
shall not use or divulge, confidential or
classified information officially known to
them by reason of their office and not made
available 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. - Public
officials and employees shall not solicit or
accept, directly or indirectly, any gift,
gratuity, favor, entertainment, loan or
anything of monetary value from any person
in the course of their official duties or in
connection with any operation being
regulated by, or any transaction which may
be affected by the functions of their office.
As to gifts or grants from foreign
governments, the Congress consents to:
(i) The acceptance and retention by a
public official or employee of a gift of
nominal value tendered and
received as a souvenir or mark of
courtesy;
(ii) The acceptance by a public official
or employee of a gift in the nature of
a scholarship or fellowship grant or
medical treatment; or
(iii) The acceptance by a public official
or employee of travel grants or
expenses for travel taking place
entirely outside the Philippine (such
as allowances, transportation, food,
and lodging) of more than nominal
value if such acceptance is
appropriate or consistent with the
interests of the Philippines, and
permitted by the head of office,
branch or agency to which he
belongs.
The Ombudsman shall prescribe such
regulations as may be necessary to carry
out the purpose of this subsection, including
pertinent reporting and disclosure
requirements.
Nothing in this Act shall be construed to
restrict or prohibit any educational, scientific
or cultural exchange programs subject to
national security requirements.
ANTI-GRAFT AND CORRUPT PRACTICES
ACT
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, to
repress certain acts of public officers and private
persons alike which constitute graft or corrupt
practices 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, the
government-owned and government-
controlled corporations, and all other
instrumentalities or agencies of the Republic
of the Philippines and their branches.
(b) "Public officer" includes elective and
appointive officials and employees,
permanent or temporary, whether in the
classified or unclassified or exempt service
receiving compensation, even nominal, from
the government as defined in the preceding
subparagraph.
(c) "Receiving any gift" includes the act of
accepting directly or indirectly a gift from a
person other than a member of the public
officer'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 the
occasion of a family celebration or national
festivity like Christmas, if the value of the gift
is under the circumstances manifestly
excessive.
(d) "Person" includes natural and juridical
persons, unless the context indicates
otherwise.
Section 3. Corrupt practices of public officers. In
addition to acts or omissions of public officers
already penalized by existing law, the following
shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing another
public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties
of the latter, or allowing himself to be
persuaded, induced, or influenced to commit
such violation or offense.
(b) Directly or indirectly requesting or receiving
any gift, present, share, percentage, or
benefit, for himself or for any other person,
in connection with any contract or
transaction between the Government and
any other part, wherein the public officer in
his official capacity has to intervene under
the law.
(c) Directly or indirectly requesting or receiving
any 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, any
Government permit or license, in
consideration for the help given or to be
given, without prejudice to Section thirteen
of this Act.
(d) Accepting or having any member of his
family accept employment in a private
enterprise which has pending official
business with him during the pendency
thereof or within one year after its
termination.
(e) Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge of
his official administrative or judicial functions
through manifest partiality, evident bad faith
or gross inexcusable negligence. This
provision shall apply to officers and
employees of offices or government
corporations charged with the grant of
licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter
pending before him for the purpose of
obtaining, directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or advantage,
or for the purpose of favoring his own
interest 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 and
grossly 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, contract
or transaction in connection with which he
intervenes or takes part in his official
capacity, or in which he is prohibited by the
Constitution or by any law from having any
interest.
(i) Directly or indirectly becoming interested, for
personal gain, or having a material interest
in any transaction or act requiring the
approval of a board, panel or group of which
he is a member, and which exercises
discretion in such approval, even if he votes
against the same or does not participate in
the action of the board, committee, panel or
group.
Interest for personal gain shall be
presumed against those public officers
responsible for the approval of manifestly
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unlawful, inequitable, or irregular transaction
or acts by the board, panel or group to which
they belong.
(j) Knowingly approving or granting any
license, permit, privilege or benefit in favor
of any person not qualified for or not legally
entitled 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 a
confidential character, acquired by his office
or by him on account of his official position
to unauthorized persons, or releasing such
information in advance of its authorized
release date.
The person giving the gift, present, share,
percentage or benefit referred to in
subparagraphs (b) and (c); or offering or giving
to the public officer the employment mentioned
in subparagraph (d); or urging the divulging or
untimely release of the confidential information
referred to in subparagraph (k) of this section
shall, together with the offending public officer,
be punished under Section nine of this Act and
shall be permanently or temporarily disqualified
in the discretion of the Court, from transacting
business in any form with the Government.
A.M. No. 02-9-02-SC
Re: Automatic Conversion of Some
Administrative Cases Against justices of the
Court of Appeals and the Sandiganbayan;
judges of Regular and Special Courts; and Court
Officials Who are Lawyers as Disciplinary
Proceedings Against Them Both as Such
Officials and as Members of the Philippine Bar
Gentleman:
Quoted hereunder, for your information, is a
resolution of the Court dated SEPT 17 2002.
A.M. No. 02-9-02-SC Re: Automatic Conversion
of Some Administrative Cases Against justices
of the Court of Appeals and the Sandiganbayan;
Judges of Regular and Special Courts; and
Court Officials Who are Lawyers as Disciplinary
Proceedings 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 Sandiganbayan
Judges of regular and special courts; and court
officials who are lawyers are based on grounds
which are likewise grounds for the disciplinary
action of members of the Bar for violation of the
Lawyer's Oath, the Code of Professional
Responsibility; and the Canons of Professional
Ethics, or for such other forms of breaches of
conduct that have been traditionally recognized
as grounds for the discipline of lawyers.
In any of the foregoing instances, the
administrative case shall also be considered a
disciplinary action against the respondent
justice, judge or court official concerned as a
member of the Bar. The respondent may
forthwith be required to comment on the
complaint and show cause why he should not
also be suspended, disbarred or otherwise
disciplinary 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 the
first day of October 2002. It shall apply to
administrative cases already filed where the
respondents have not yet been required to
comment on the complaints.
This Resolution shall be published in a
newspaper of general Circulation in the
Philippines.
Very truly yours,
(SGD.) LUZVIMINDA D. PUNO
Clerk of Court
A. M. No. 00-8-10-SC
September 4, 2001
RE: TRANSFER OF CASES FROM THE
SECURITIES AND EXCHANGE COMMISSION
TO THE REGIONAL TRIAL COURTS.
R E S O L U T I O N
CLARIFICATION ON THE LEGAL FEES TO
BE COLLECTED AND THE APPLICABLE
PERIOD OF APPEAL IN CASES FORMERLY
COGNIZABLE BY THE SECURITIES AND
EXCHANGE COMMISSION
Clarification has been sought on the legal fees to
be collected and the period of appeal applicable
in cases formerly cognizable by the Securities
and Exchange Commission. It appears that the
Interim Rules of Procedure on Corporate
Rehabilitation and the Interim Rules of
Procedure for Intra-Corporate Controversies do
not provide the basis for the assessment of filing
fees and the period of appeal in cases
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transferred from the Securities and Exchange
Commission to particular Regional Trial Courts.
The nature of the above mentioned cases
should first be ascertained. Section 3(a), Rule 1
of the 1997 Rules of Civil Procedure defines civil
action as one by which a party sues another for
the enforcement or protection of a right, or the
prevention or redress of a wrong. It further states
that a civil action may either be ordinary or
special, both being governed by the rules for
ordinary civil actions subject to the special rules
prescribed for special civil actions. Section 3(c)
of the same Rule, defines a special proceeding
as a remedy by which a party seeks to establish
a status, a right, or a particular fact.
Applying these definitions, the cases covered by
the Interim Rules for Intra-Corporate
Controversies should be considered as ordinary
civil actions. These cases either seek the
recovery of damages/property or specific
performance of an act against a party for the
violation or protection of a right. These cases
are:
(1) Devices or schemes employed by, or any
act of, the board of directors, business
associates, officers or partners, amounting
to fraud or misrepresentation which may be
detrimental to the interest of the public
and/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 appointment
of directors, trustees, officers, or managers
of 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 Interim
Rules of Procedure on Corporate Recovery,
should be considered as a special proceeding. It
is one that seeks to establish the status of a
party or a particular fact. As provided in section
1, Rule 4 of the Interim Rules on Corporate
Recovery, the status or fact sought to be
established is the inability of the corporate
debtor to pay its debts when they fall due so that
a 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 the
Revised Rules of Court lays the amount of filing
fees to be assessed for actions or proceedings
filed 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 in
intra-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 involving
intra-corporate disputes and petitions for
rehabilitation shall be entered, recorded and
docketed in a single and special docket book
separate from civil actions and special
proceedings.
As a reminder to the judges and clerks of court,
the fees collected shall be allocated between the
General Fund and the Judiciary Development
Fund in accordance with the guidelines
prescribed in Administrative Order No. 3-2000.
Following the discussion above, the period of
appeal provided in section 3, Rule 41 of the
1997 Rules of Civil Procedure for ordinary civil
actions shall apply to cases involving intra-
corporate disputes. Corollarily, the period of
appeal provided in paragraph 19(b) of the
Interim 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. 2012
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 to
enhance the duty of lawyers to society as agents
of social change and to the courts as officers
thereof by helping improve access to justice by
the less privileged members of society and
expedite the resolution of cases involving them.
Mandatory free legal service by members of the
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bar and their active support thereof will aid the
efficient and effective administration of justice
especially in cases involving indigent and pauper
litigants.
SECTION 3. Scope. - This Rule shall govern the
mandatory requirement for practicing lawyers to
render free legal aid services in all cases
(whether, civil, criminal or administrative)
involving indigent and pauper litigants where the
assistance of a lawyer is needed. It shall also
govern the duty of other members of the legal
profession to support the legal aid program of
the Integrated Bar of the Philippines.
SECTION 4. Definition of Terms. - For
purposes of this Rule:
term "practicing lawyers" shall exclude:
practice;
appear in court;
agencies.
No.150135, 30 October 2006, 506 SCRA
81);
(c) Legal aid cases are those actions, disputes,
and controversies that are criminal, civil and
administrative in nature in whatever stage
wherein indigent and pauper litigants need
legal representation;
(d) Free legal aid services refer to appearance
in court or quasi-judicial body for and in
behalf of an indigent or pauper litigant and
the preparation of pleadings or motions. It
shall also cover assistance by a practicing
lawyer 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 be
considered as free legal aid services and
credited as compliance under this Rule;
(e) Integrated Bar of the Philippines (IBP) is the
official national organization of lawyers in
the country;
(f) National Committee on Legal Aid (NCLA) is
the committee of the IBP which is
specifically tasked with handling legal aid
cases;
(g) Committee on Bar Discipline (CBD) is the
committee of the IBP which is specifically
tasked with disciplining members of the Bar;
(h) IBP Chapters are those chapters of the
Integrated Bar of the Philippines located in
the different geographical areas of the
country as defined in Rule 139-A and
(i) Clerk of Court is the Clerk of Court of the
court where the practicing lawyer rendered
free legal aid services. In the case of quasi-
judicial bodies, it refers to an officer holding
an equivalent or similar position.
The term shall also include an officer
holding a similar position in agencies
exercising quasi-judicial functions, or a
responsible officer of an accredited PO or
NGO, or an accredited mediator who
conducted the court-annexed mediation
proceeding.
SECTION 5. Requirements. -
(a) Every practicing lawyer is required to render
a minimum of sixty (60) hours of free legal
aid services to indigent litigants in a year.
Said 60 hours shall be spread within a
period of twelve (12) months, with a
minimum of five (5) hours of free legal aid
services each month. However, where it is
necessary for the practicing lawyer to render
legal aid service for more than five (5) hours
in one month, the excess hours may be
credited to the said lawyer for the
succeeding periods.
For this purpose, a practicing lawyer
shall coordinate with the Clerk of Court for
cases where he may render free legal aid
service. He may also coordinate with the
IBP Legal Aid Chairperson of the IBP
Chapter to inquire about cases where he
may render free legal aid service. In this
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connection, the IBP Legal Aid Chairperson
of the IBP Chapter shall regularly and
actively coordinate with the Clerk of Court.
The practicing lawyer shall report
compliance with the requirement within ten
(10) days of the last month of each quarter
of the year.
(b) A practicing lawyer shall be required to
secure and obtain a certificate from the
Clerk of Court attesting to the number of
hours spent rendering free legal aid services
in a case.
The certificate shall contain the following
information:
(i) The case or cases where the legal aid
service was rendered, the party or
parties in the said case(s) for whom the
service was rendered, the docket
number of the said case(s) and the
date(s) the service was rendered.
(ii) The number of hours actually spent
attending a hearing or conducting trial
on a particular case in the court or
quasi-judicial body.
(iii) The number of hours actually spent
attending mediation, conciliation or any
other mode of ADR on a particular case.
(iv) A motion (except a motion for extension
of time to file a pleading or for
postponement of hearing or conference)
or pleading filed on a particular case
shall be considered as one (1) hour of
service.
The Clerk of Court shall issue the
certificate in triplicate, one (1) copy to be
retained by the practicing lawyer, one (1)
copy to be retained by the Clerk of Court
and one (1) copy to be attached to the
lawyer's compliance report.
(c) Said compliance report shall be submitted to
the Legal Aid Chairperson of the IBP
Chapter within the courts jurisdiction. The
Legal Aid Chairperson shall then be tasked
with immediately verifying the contents of
the certificate with the issuing Clerk of Court
by comparing the copy of the certificate
attached to the compliance report with the
copy retained by the Clerk of Court.
(d) The IBP Chapter shall, after verification,
issue a compliance certificate to the
concerned lawyer. The IBP Chapter shall
also submit the compliance reports to the
IBPs NCLA for recording and
documentation. The submission shall be
made within forty-five (45) days after the
mandatory submission of compliance
reports by the practicing lawyers.
(e) Practicing lawyers shall indicate in all
pleadings filed before the courts or quasi-
judicial bodies the number and date of issue
of their certificate of compliance for the
immediately preceding compliance period.
Failure to disclose the required information
would cause the dismissal of the case and
the expunction of the pleadings from the
records.
(f) Before the end of a particular year, lawyers
4(a)(i) and (ii), shall fill up a form prepared
by the NCLA which states that, during that
year, they are employed with the
government or incumbent elective officials
not allowed by law to practice or lawyers
who by law are not allowed to appear in
court.
The form shall be sworn to and
National Office together with the payment of
an annual contribution of Two Thousand
Pesos (P2,000). Said contribution shall
accrue to a special fund of the IBP for the
support of its legal aid program.
(g) Before the end of a particular year, lawyers
4(a)(iii) shall secure a certification from the
director of the legal clinic or of the
concerned NGO or PO to the effect that,
during that year, they have served as
supervising lawyers in a legal clinic or
actively participated in the NGOs or POs
free legal aid activities. The certification shall
be submitted to the IBP Chapter or IBP
National Office.
(h) Before the end of a particular year, lawyers
4(a)(iv) shall fill up a form prepared by the
NCLA which states that, during that year,
they are neither practicing lawyers nor
covered by Section (4)(a)(i) to (iii). The form
shall be sworn to and submitted to the IBP
Chapter or IBP National Office together with
the payment of an annual contribution of
Four Thousand Pesos (P4,000) by way of
support for the efforts of practicing lawyers
who render mandatory free legal aid
services. Said contribution shall accrue to a
special fund of the IBP for the support of its
legal aid program.
(i) Failure to pay the annual contribution shall
subject the lawyer to a penalty of Two
Thousand Pesos (P2,000) for that year
which amount shall also accrue to the
IBP.
SECTION 6. NCLA. -
(a) The NCLA shall coordinate with the various
legal aid committees of the IBP local
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chapters for the proper handling and
accounting of legal aid cases which
practicing lawyers can represent.
(b) The NCLA shall monitor the activities of the
Chapter of the Legal Aid Office with respect
to the coordination with Clerks of Court on
legal aid cases and the collation of
certificates submitted by practicing lawyers.
(c) The NCLA shall act as the national
repository of records in compliance with this
Rule.
(d) The NCLA shall prepare the following forms:
certificate to be issued by the Clerk of Court
and forms mentioned in Section 5(e) and
(g).
(e) The NCLA shall hold in trust, manage and
utilize the contributions and penalties that
will be paid by lawyers pursuant to this Rule
to effectively carry out the provisions of this
Governors.
The accounting shall be included by the
IBP in its report to the Supreme Court in
connection 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 the
minimum prescribed 60 hours of legal aid
service each year shall be required by the
IBP, through the NCLA, to explain why he
was unable to render the minimum
prescribed number of hours. If no
explanation has been given or if the NCLA
finds the explanation unsatisfactory, the
NCLA shall make a report and
recommendation to the IBP Board of
Governors that the erring lawyer be declared
a member of the IBP who is not in good
recommendation, the IBP Board of
Governors shall declare the erring lawyer as
a member not in good standing. Notice
thereof shall be furnished the erring lawyer
and the IBP Chapter which submitted the
lawyers compliance report or the IBP
Chapter where the lawyer is registered, in
case he did not submit a compliance report.
The notice to the lawyer shall include a
directive to pay Four Thousand Pesos
IBP.
(b) The "not in good standing" declaration shall
be effective for a period of three (3) months
from the receipt of the erring lawyer of the
notice from the IBP Board of Governors.
During the said period, the lawyer cannot
appear in court or any quasi-judicial body as
counsel. Provided, however, that the "not in
good standing" status shall subsist even
after the lapse of the three-month period
until and unless the penalty shall have been
paid.
(c) Any lawyer who fails to comply with his
duties under this Rule for at least three (3)
consecutive years shall be the subject of
disciplinary proceedings to be instituted
motu proprio by the CBD. The said
proceedings 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, the
penalty of suspension in the practice of law
for one (1) year shall be imposed upon him.
(d) Any lawyer who falsifies a certificate or any
form required to be submitted under this
Rule or any contents thereof shall be
administratively charged with falsification
and dishonesty and shall be 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 any
contents thereof by any Clerk of Court or by
any Chairperson of the Legal Aid Committee
of the IBP local chapter where the case is
pending or by the Director of a legal clinic or
responsible officer of an NGO or PO shall be
a ground for an administrative case against
the said Clerk of Court or Chairperson. This
is without prejudice to the filing of the
criminal and administrative charges against
the malfeasor.
SECTION 8. Credit for Mandatory Continuing
Legal Education (MCLE). - A lawyer who
renders mandatory legal aid service for the
required number of hours in a year for the three
year-period covered by a compliance period
under the Rules on MCLE shall be credited the
following: 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 oral
advocacy, four (4) credit units for substantive
and procedural laws and jurisprudence and six
(6) credit units for such subjects as may be
prescribed by the MCLE Committee under
Section 2(9), Rule 2 of the Rules on MCLE.
A lawyer who renders mandatory legal aid
service for the required number of hours in a
year for at least two consecutive years within the
three year-period covered by a compliance
period under the Rules on MCLE shall be
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credited the following: one (1) credit unit for legal
ethics, one (1) credit unit for trial and pretrial
skills, one (1) credit unit for alternative dispute
resolution, two (2) credit units for legal writing
and oral advocacy, two (2) credit units for
substantive and procedural laws and
jurisprudence and three (3) credit units for such
subjects as may be prescribed by the MCLE
Committee under Section 2(g), Rule 2 of the
Rules on MCLE.
SECTION 9. Implementing Rules. - The IBP,
through the NCLA, is hereby given authority to
recommend implementing regulations in
determining who are "practicing lawyers," what
constitute "legal aid cases" and what
administrative procedures and financial
safeguards which may be necessary and proper
in the implementation of this rule may be
prescribed. It shall coordinate with the various
legal chapters in the crafting of the proposed
implementing regulations and, upon approval by
the IBP Board of Governors, the said
implementing regulations shall be transmitted to
the Supreme Court for final approval.
SECTION 10. Effectivity. - This Rule and its
implementing rules shall take effect on July
1,2009 after they have been published in two (2)
Rule 138-A
Law Student Practice Rule
Section 1. Conditions for student practice. A
law student who has successfully completed his
3rd year of the regular four-year prescribed law
curriculum and is enrolled in a recognized law
school's clinical legal education program
approved 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 indigent
clients accepted by the legal clinic of the law
school.
Section 2. Appearance. The appearance of
the law student authorized by this rule, shall be
under the direct supervision and control of a
member of the Integrated Bar of the Philippines
duly accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or other
papers to be filed, must be signed by the
supervising attorney for and in behalf of the legal
clinic.
Section 3. Privileged communications. The
Rules safeguarding privileged communications
between attorney and client shall apply to similar
communications made to or received by the law
student, acting for the legal clinic.
Section 4. Standards of conduct and
supervision. The law student shall comply
with the standards of professional conduct
governing members of the Bar. Failure of an
attorney to provide adequate supervision of
student practice may be a ground for disciplinary
action. (Circular No. 19, dated December 19,
1986).
Presidential Decree No. 1829
PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS
WHEREAS, crime and violence continue to
proliferate despite the sustained vigorous efforts
of the government to effectively contain them;
WHEREAS, to discourage public indifference or
apathy towards the apprehension and
prosecution of criminal offenders, it is necessary
to penalize acts which obstruct or frustrate or
tend to obstruct or frustrate the successful
apprehension and prosecution of criminal
offenders;
NOW, THEREFORE, I, FERDINAND, E.
of the powers vested in me by law do hereby
decree and order the following:
Section 1. The penalty of prision correccional in
its maximum period, or a fine ranging from 1,000
to 6,000 pesos, or both, shall be imposed upon
any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension
of suspects and the investigation and
prosecution of criminal cases by committing any
of the following acts:
(a) preventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity of
any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force
or 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 investigation
of or official proceedings in, criminal cases,
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or to be used in the investigation of, or
(c) harboring or concealing, or facilitating the
escape of, any person he knows, or has
reasonable ground to believe or suspect,
has committed any offense under existing
penal laws in order to prevent his arrest
prosecution and conviction;
(d) publicly using a fictitious name for the
purpose of concealing a crime, evading
prosecution or the execution of a judgment,
or concealing his true name and other
personal circumstances for the same
purpose or purposes;
(e) delaying the prosecution of criminal cases
by obstructing the service of process or
court orders or disturbing proceedings in the
fiscal's offices, in Tanodbayan, or in the
courts;
(f) making, presenting or using any record,
document, paper or object with knowledge
of its falsity and with intent to affect the
course or outcome of the investigation of, or
(g) soliciting, accepting, or agreeing to accept
any benefit in consideration of abstaining
from, discounting, or impeding the
prosecution of a criminal offender;
criminal cases;
If any of the acts mentioned herein is penalized
by any other law with a higher penalty, the
higher penalty shall be imposed.
Section 2. If any of the foregoing acts is
committed by a public official or employee, he
shall in addition to the penalties provided
thereunder, suffer perpetual disqualification from
holding public office.
Section 3. This Decree shall take effect
immediately.
Done in the City of Manila, this 16th day of
January, in the year of Our Lord, nineteen
hundred and eighty-one.
- end of Legal Ethics -
LEGAL ETHICS AND FORMS REVIEWER TABLE OF CONTENTS
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LEGAL FORMS
Table of Contents
Part I. Parts Common to Forms ..................108
A. Scilicet ...............................................108
B. Captions and Titles ...........................108
C. Prayer................................................109
D. Statements Under Oath ....................109
1. Acknowledgement and Jurat ........109
2. Verification ....................................111
......................................................112
113
Actionable Documents..................114
E. Request for and Notice of Hearing....114
F. Proof of Service.................................115
1. Proof of Personal Service.............115
(with Explanation for failure to serve
personally) ....................................115
G. Place, Date, Signature, Address, Roll
Number, IBP Receipt Number, PTR
Number, etc.......................................116
H. Notice of Appeal ................................117
Part II. Pleadings in Civil Procedure .........118
A. Complaint ..........................................118
B. Answer ..............................................120
D. Pre-Trial Brief ....................................122
E. Motions..............................................124
E. Special Civil Actions..........................132
1. Certiorari.......................................132
2. Prohibition ....................................133
3. Mandamus....................................134
4. Interpleader ..................................135
Title...............................................136
6. Action for Declaratory Relief ........137
7. Quo Warranto...............................138
Part III. Pleadings and Other Legal
Documents in Criminal Procedure.............139
A. Complaint-Affidavit and Counter-
Affidavit..............................................139
B. Information and Complaint ................142
C. Motions..............................................145
1. Motion to Quash Information........145
2. Motion to Quash Search Warrant 146
3. Motion to Suppress Evidence ......147
4. Motion for Bail ..............................148
D. Application for Bail ............................149
IV. Pleadings and Other Legal Documents
Common to Civil and Criminal Procedure. 150
A. Offer of Evidence and
Opposition/Comment to Offer ........... 150
B. Demurrer to Evidence....................... 152
C. Notice of Lis Pendens....................... 154
...................................................... 154
E. Substitution of Counsel ..................... 156
Part V. Pleadings in Cases and Special
Proceedings.................................................. 157
A. Petition for Habeas Corpus............... 157
B. Petition for Adoption.......................... 158
C. Petition for Declaration of Nullity of
Marriage............................................ 158
D. Petition for Probate of Holographic Will ..
...................................................... 160
Part VI. Deeds, Contracts and Other Legal
Documents.................................................... 161
A. General Power of Attorney................ 161
B. Special Power of Attorney................. 162
C. Contract of Lease.............................. 163
D. Holographic and Notarial Will ........... 164
E. Donation Inter Vivos.......................... 166
F. Secretarys Certificate....................... 167
G. Board Resolutions............................. 167
H. Deed of Assignment.......................... 168
I. Deed of Sale ..................................... 168
J. Dacion En Pago................................ 173
K. Chattel Mortgage .............................. 174
Part VII. Appeals and Other Modes of
Review 175
A. Ordinary Appeals in Civil Cases ....... 175
B. Ordinary Appeals in Criminal Cases. 175
C. Petitions for Review.......................... 176
Part VIII. Forms Relevant to the Writs of
Amparo and Habeas Data ........................... 177
A. Amparo.............................................. 177
B. 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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NOTE THE BASIC DIFFERENCE BETWEEN:
MOTIONS :: applications to the court for an
(interlocutory or interim) order (for the adverse
party or for third parties to do something)
PLEADINGS :: written statements of the
respective claims and defenses of the parties
submitted to the court for appropriate judgment
seek final reliefs
Part I. Parts Common to Forms
A. SCILICET
B. CAPTIONS AND TITLES
C. PRAYER
D. STATEMENTS UNDER OATH
1. Acknowledgement and Jurat
2. Verification
4. Verified Statement of Material dates
Actionable Documents
E. REQUEST FOR AND NOTICE OF HEARING
F. PROOF OF SERVICE
1. Proof of Personal Service
G. PLACE, DATE, SIGNATURE, ADDRESS, ROLL
NUMBER, IBP RECEIPT NUMBER, PTR
NUMBER, ETC.
H. NOTICE OF APPEAL
A. Scilicet
SCILICET, often abbreviated as S.S. or in a
caption, is Latin for it is permitted to know. It
refers 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 Titles
CAPTION, a part of the pleading, sets forth:
1. the name of the court
2. the title of the action
3. the docket number, if assigned
TITLE, on the other hand, indicates the names
of the parties, who must be named in the original
complaint or petition. But, in subsequent
pleadings, it shall suffice if the name of the first
party on each side be stated, in case there are
other persons on each side. Their respective
participation in the case must be specified.
General Form of a Caption and Title:
LEGAL FORMS TEAM
Prof. Theodore Te
Faculty Editor
Lead Writer
Don Maebo
Writer
LEGAL ETHICS and FORMS
Subject Editor
ACADEMICS COMMITTEE
Kristine Bongcaron
Michelle Dy
Patrich Leccio
Editors-in-Chief
PRINTING & DISTRIBUTION
Kae Guerrero
DESIGN & LAYOUT
Pat Hernandez
Viktor Fontanilla
Romualdo Menzon Jr.
Rania Joya
LECTURES COMMITTEE
Michelle Arias
Camille Maranan
Angela Sandalo
Heads
Katz Manzano
Sam Nuez
Arianne Cerezo
Mary Rose Beley
Krizel Malabanan
Marcrese Banaag
Volunteers
MOCK BAR COMMITTEE
Lilibeth Perez
BAR CANDIDATES WELFARE
Dahlia Salamat
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head
Loraine Mendoza
Mary Mendoza
Faye Celso
Joie Bajo
Members
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Republic of the Philippines
National Capital Judicial Region
Branch 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 Thousand
Pesos (Php.50,000) for attorneys fees.
Other just and equitable reliefs are also prayed for.
D. Statements Under Oath
1. Acknowledgement and Jurat
ACKNOWLEDGMENT JURAT
Based 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 notary
public or identified by the notary public through
these Rules; and
c. represents to the notary public that the
signature on the instrument or document was
voluntarily affixed by him for the purposes
stated in the instrument or document, declares
that he has executed the instrument or
document as his free and voluntary act and
deed, and, if he acts in a particular
representative capacity, that he has the
authority to sign in that capacity.
An act in which an individual (the NOTARY
PUBLIC) on a single occasion:
a. appears in person before the notary public and
presents an instrument or document;
these Rules;
e.g. government issued ID
presence of the notary; and
d. takes an oath or affirmation before the notary
public as to such instrument or document.
particularly re the due execution of the
document
Other Differences:
Declaration that a person has himself executed a
deed
Certification that the instrument was sworn to him
Purpose: Purpose:
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To authorize deed to be given in evidence without
further proof of its execution
To 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 before
a public officer duly authorized to take oaths, then
there is no need for the affiant to produce a CTC,
nor for the entry into a Notarial Register; the
italicized 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 has
executed.
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 ATTICUS
FINCH, with [Valid Identification Document] (Drivers 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 foregoing
instrument, 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. TARIO
Notary Public
Until __________________
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 1
st
paragraph:
This instrument, consisting of ___ pages, including the page on which this acknowledgment is written, has been
signed on the left margin of each and every page thereof by ___________ and his witnesses (if any), and sealed with
my Notarial seal.
* The Notary Publics 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 Public
Until __________________
PTR No. _______________
Issued at ______________
Doc. No.
Page No.
Book No.
Series of 2007.
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* The use of Community Tax Certificates is now discouraged as it is far too easy to obtain and highly
difficult to authenticate. Instead, what is now required to be stated is government issued identification or
GIID (e.g., Drivers license, SSS/GSIS Identification etc.)
* COMMON TO BOTH JURAT AND ACKNOWLEDGEMENT:
1. The Notary Public must sign and indicate his
professional circumstances:
(SGD.) X
Notary Public
For (Place) until (Date Commission Expires)
PTR (Number)/(Date of Issue)/(Place of Issue)
Address
MCLE Compliance No.
2. At the end of every notarized document, the
following entries indicating the details of
recording of the document in his Notarial Book
must appear:
Doc. No.
Page No.
Book No.
Series of (Year)
2. Verification
A pleading is VERIFIED by an affidavit that the
affiant has read the pleading and that the
allegations contained therein are true and
correct of his personal knowledge or based on
authentic records (Sec. 4, par. 2, Rule 7, RoC).
The indispensable requirement of a Verification
is the statement that the document is executed
UNDER OATH.
A verification based on information and belief
or upon knowledge, information and belief is
defective and the pleading is thus considered
unverified/unsigned.
Alternative Center for Organizational
Reforms and Development, Inc. vs. Zamora
(2005) :: The statement to the best of my
knowledge are true and correct referring to the
allegations in the petition does not mean mere
knowledge, information and belief. It
constitutes substantial compliance with the
requirement of section 6 of Rule 7, as held in
Madrigal vs. Rodas (80 Phil. 252.). At any
rate, this petty technicality deserves scant
consideration where the question at issue is
one purely of law and there is no need of
delving into the veracity of the allegations in the
petition, which are not disputed at all by
respondents. As we have held time and again,
imperfections of form and technicalities of
procedure are to be disregarded except
where substantial rights would otherwise be
prejudiced.
Only duly authorized natural persons may
execute verifications in behalf of juridical entities
such as petitioners NGOs and peoples
organizations.
The pleadings required to be verified are as
follows:
1. All pleadings under the Rules of Summary
Procedure
2. Complaints for
a. Forcible entry
b. Unlawful detainer
c. Replevin
3. Complaints with application for injunction or
attachment
4. Answer to complaint or counterclaim based
on actionable documents
5. Petitions for
a. Certiorari
b. Prohibition
c. Mandamus
d. Habeas Corpus
e. Change of Name
VERIFICATION
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 pleading/document entitled (pleading/document being verified)
2. He has caused its preparation
3. He has read it and the allegations therein are true and correct of his own knowledge or based on authentic
records.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
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Under Rule 7, Sec. 5, the plaintiff or principal
party 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 any
court, 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 present
status, and
3. if he should thereafter learn that the same
or similar action or claim has been filed or is
pending, he shall report that fact within 5
days to the court where his complaint or
pleading was filed.
Failure to comply with this requirement is not
curable by mere amendment but shall be cause
for dismissal w/o prejudice, UNLESS otherwise
provided, upon motion and after hearing.
Submission of a false certification or non-
compliance with its undertakings shall constitute
indirect contempt of court, without prejudice to
corresponding administrative and criminal
actions.
Alternative Center for Organizational
Reforms and Development, Inc. vs. Zamora
(2005) :: While the requirement of the certificate
of non-forum shopping is mandatory,
nonetheless the requirements must not be
interpreted too literally and thus defeat the
objective of preventing the undesirable practice
of forum-shopping (Bernardo v. NLRC, 255
SCRA 108 [1996]). Lastly, technical rules of
procedure should be used to promote, not
frustrate justice. While the swift unclogging of
court dockets is a laudable objective, the
granting of substantial justice is an even more
urgent ideal.
San Miguel Corporation vs. Aballa (2005) ::
While the general rule is that the certificate of
non-forum shopping must be signed by all the
plaintiffs or petitioners in a case and the
signature of only one of them is insufficient,the
Supreme Court has stressed that the rules on
forum shopping, which were designed to
promote and facilitate the orderly administration
of justice, should not be interpreted with such
absolute literalness as to subvert its own
ultimate and legitimate objective. Strict
compliance with the provisions regarding the
certificate of non-forum shopping merely
underscores its mandatory nature in that the
certification cannot be altogether dispensed with
or its requirements completely disregarded. It
does not, however, thereby interdict substantial
compliance with its provisions under justifiable
circumstances.
Philippine Rabbit Bus Lines, Inc. vs. Aladdin
Transit Corp. (2006) :: The requirement of
verification and certification against forum
shopping are mandatory, failure to comply with
which is sufficient ground for the dismissal of the
petition. Revised Circular No. 28-9 in fact
requires all petitions filed with the SC or CA to,
not only comply with Rule 45, but also to certify
under oath all of the following facts or
undertakings: (a) he has not theretofore
commenced any other action or proceeding
involving the same issues in the Supreme Court,
the Court of Appeals, or any other tribunal or
agencies; (b) to the best of his knowledge, no
such action or proceeding is pending in the
Supreme 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 learn
that a similar action or proceeding has been filed
or is pending before the Supreme Court, the
Court of Appeals, or different Divisions thereof,
or any other tribunal or agency, he undertakes to
promptly inform the aforesaid courts and such
other tribunal or agency of that fact within five
(5) days therefrom.
Abaigar vs. Abaigar (2006) :: A certification
against forum shopping by counsel and not by
the principal party himself is no certification at
all. It is a defective certification which is
tantamount to non-compliance with the
requirement prescribed by the Rules of Court and
constitutes a valid cause for the dismissal of the
petition. This is because it is the petitioner and
not the counsel who is in the best position to
know whether he actually filed or caused the
filing of the petition. The appellate court, strictly
speaking, was, therefore, correct when it
dismissed the petition in this case. There have
been instances, however, that the Rule on the
matter has been relaxed, such as when the
petitioner was at the time of the filing of the
petition abroad (Donato vs. Court of Appeals), or
where the interest of substantial justice so
requires (Sy Chin vs. Court of Appeals) and (Paul
Lee Tan vs. Paul Sycip and Merritto Lim).
In fine, when the interest of substantial justice
overrides the procedural lapse, the Rule on the
matter may be relaxed.
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CERTIFICATION AGAINST FORUM SHOPPING
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 within
five (5) days from the discovery to this Honorable Court.
PLUS: Jurat
* The Verifications in 2,3,4 and 5 can be contained in one document, if they are required in the same
pleading, 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 in
such capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct
to the best of my own personal knowledge; 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, I shall notify the
court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
PLUS: Jurat
This statement, referring to the date when the
Decision or Judgment was received, is added to
the standard Verification and Certification
Against Forum Shopping in special civil actions.
* Rule 65, section 6, par. 2 expressly makes
Rule 56, section 2 applicable to petitions for
certiorari, mandamus and prohibition. Rule 56,
section 2 provides that Rules 46, 48, 49, 51, 52
and 56 apply. Rule 46, section 3 provides that
the petition must be accompanied not only
by a certified true copy of the judgment or
order questioned but also by such material
portions of the record as are referred to
therein, 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 in
such capacity, caused this Complaint to be prepared; I have received a copy of the [Order/Resolution/Decision] of the
Court on 13 April 2007; I have read its contents and affirm that they are true and correct to the best of my own
personal knowledge; 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, I shall notify the court within five (5) days
from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
PLUS: Jurat
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5. Specific Denial of Due Execution of Actionable Documents
Under Rule 8, Sec. 7, RoC, the substance of an
actionable 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 the
document to the pleading as an exhibit; or (3) by
setting forth a copy, with like effect, in the
pleading.
Under Rule 8, Sec. 8, to contest such an
actionable document, the genuineness and due
execution of the instrument must be deemed
admitted, UNLESS, the adverse party, UNDER
OATH, SPECIFICALLY DENIES them, and sets
forth what he claims to be the facts; but the
requirement of an oath does not apply, when the
adverse party does not appear to be a party to
the instrument or when compliance with an order
for an inspection of the original document is
refused. Under Sec. 10 thereof, the defendant
must specify each MATERIAL ALLEGATION OF
FACT, the truth of which he does not admit and,
whenever practicable, he must set forth the
substance of the matters upon which he relies to
support his denial. Where a defendant desires to
deny only a part of an averment, he must specify
so much of it as is true and material and shall
deny only the remainder. However, where a
defendant is without knowledge or information,
sufficient to form a belief as to the truth of a
material averment made in the complaint, he
must so state, and this shall have the effect of a
denial. Allegations not specifically denied are
deemed 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 at
hand, 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 Hearing
The 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 opposing
counsel of the hearing date requested. In non-litigious motions or ex-parte motions, it is sufficient that the
request not contain a date, and instead simply include the line counsel will submit the motion to the court
for approval immediately upon receipt.
REQUEST FOR & NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Metropolitan Trial Court
Quezon 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 courts calendar for hearing on Friday, 13 April 2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog 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 MCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City
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F. Proof of Service
1. Proof of Personal Service
Copy furnished through personal service:
Atty. Mitch McDeere
Counsel for the Defendant
2 The Firm
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 filing
of pleadings and other papers is done by registered mail instead of by personal service. But, this
explanation is not required in papers coming from the court. Otherwise, the paper may be considered as
not filed. Also, the explanation does not have to be verified, but it MUST be signed. However, in the
Supreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanation
and the Affidavit of Service.
Copy furnished through registered mail:
Atty. Mitch McDeere
2 The Firm
Registry Receipt No. ________
Post Office ________________
Date _____________________
EXPLANATION
The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Mitch McDeere by
registered mail instead of personal service as counsel for petitioner only has one messenger and personal service
would have resulted in the motion not being filed on time to the detriment of petitioner.
(Sgd.) ATTICUS FINCH
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 in
accordance 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 sealed
envelope, plainly addressed to (name of party or his/her attorney) at _______________ with postage fully paid, as
evidenced by Registry Receipt No. _____________________ attached and with instructions to the post master to
return 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 now
indicate in their pleadings or other legal
documents their contact details aside from
address, i.e., telephone, fax, mobile or email
address.
As per SC En Banc Resolution on Bar Matter
No. 1132 dated Nov. 12, 2002, all pleadings
must indicate the ff:
1. Roll of Attorneys number of counsel
2. Current Professional Tax Receipt number
(PTR No.)
3. IBP Official Receipt or Life Member number
As per Bar Matter No. 1922, MCLE compliance
or exemption number for the specific compliance
period must be stated; failure to do so may
mean dismissal of the case or expunction of the
pleading. (Note: this came as a result of Justice
Nachuras letter to the SC noting the diminished
interest in the MCLE)
City of Manila, 13 April 2007.
Atty. Mitch McDeere
2 The Firm, Laguna Street,
Quezon City, Metro Manila
(Telephone, Fax, Email)
Roll No.
PTR OR No., date and place of issue
IBP OR No., date and place of issue
MCLE Compliance/Exemption No.
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H. Notice of Appeal
A Notice of Appeal is filed with the court, which
rendered the judgment or decision being
assailed, and NOT with the appellate court. Its
caption must refer to the said lower court and
not with the latter court.
This is filed with the trial court that rendered the
judgment and not the appellate court. The
caption of this Notice must thus refer to the
same court that rendered the judgment and not
the appellate court.
CAPTION
NOTICE OF APPEAL
Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the lower court dated
13 April 2007, a copy of which he received on 26 April 2007.
Quezon City, 2 May 2007.
2 The Firm
Branch 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 dated
6 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.
Counsel for Plaintiff
[Address]
Copy furnished:
MITCH MCDEERE
LEGAL ETHICS AND FORMS REVIEWER Part II. PLEADINGS IN CIVIL PROCEDURE
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Part II. Pleadings in Civil Procedure
A. COMPLAINT
B. ANSWER
C. PRE-TRIAL BRIEF
D. MOTIONS
E. SPECIAL CIVIL ACTIONS
1. Certiorari
2. Prohibition
3. Mandamus
4. Interpleader
Title
6. Action for Declaratory Relief
7. Quo Warranto
A. Complaint
A complaint MUST include all of the following:
1. Caption and Title
2. Parties/Capacity of Parties
3. Material Allegations of Ultimate Facts
4. Statement of Cause(s) of Action
An ANSWER states the defense/s,
admissions/specific denials (if a
responsive pleading),
counterclaim/crossclaim, where
appropriate.
5. Prayer/Reliefs
6. Date/Place of Execution
7. 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 Attorneys
number, current PTR number, IBP O.R.
number and MCLE
compliance/exemption number.
Under Sec. 3, Rule 7, RoC, the
signature of counsel constitutes his
certification that he has read the
pleading; that to the best of his
knowledge, information and belief, there
is good ground to support it; and that it
is not interposed for delay. An unsigned
pleading produces no legal effect. BUT,
the court may, in its discretion, allow
such deficiency to be remedied, if it shall
appear that the same was due to mere
inadvertence and not intended for delay.
A counsel, who deliberately files an
unsigned pleading, or signs a pleading
in violation of this Rule, or alleges
scandalous or indecent matter therein or
fails to promptly report to the court a
change of his address, must be subject
to appropriate disciplinary action.
8. Verification and Certification Against Forum
Shopping
A complaint MUST state in the body AND in the
prayer the AMOUNT OF DAMAGES sought.
This requirement is jurisdictional, failure to
comply with which is a fatal mistake.
Sample Complaint for Ejectment with Damages:
[1] Regional Trial Court
METROPOLITAN TRIAL COURT
Quezon 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 business
address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single
and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with
summons and other pertinent processes.
[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it
leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January
2005, 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 lease
as it would use the property for its business expansion; plaintiff then asked defendant to vacate the
premises. A copy of plaintiffs letter to defendant is attached as ANNEX B.
[4] 4. Despite demand duly made and received, defendant has refused to vacate the premises and
continues to occupy the property without plaintiffs consent. [Although this statement is unnecessary in
this particular sample complaint, this merely exemplifies how this fact is alleged: Resort to the
Barangay conciliation system proved useless as defendant refused to appear before the Lupong
Tagapamayapa. A Certification to File Action is attached as ANNEX C.]
5. Defendants act of dispossession has caused plaintiff to suffer material injury because plaintiffs
business expansion plans could not be implemented despite the arrival of machineries specifically leased
for this purpose at the rental rate of US$500 per month. Defendants continued occupation of the
premises 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 vacate
the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount
of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos
(P50,000.00) for Attorneys fees.
[6] Quezon City; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH
[Address]
[Other Details under I.G.]
PLUS:
1. [8] Verification and Certification against Forum Shopping
2. Jurat
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B. Answer
An answer MUST include all of the following:
1. Caption
2. Denials/Admission
3. Statement of Affirmative Allegations
4. Statement of Affirmative/Negative Defenses
5. Counterclaim, Cross-claim
6. Prayer/Relief
9. Verification
11. Proof of Service
In general, an Answer needs no verification.
BUT, if it interposes a specific denial of an
actionable document, then the Answer must be
verified.
Sample Answer with Compulsory Counterclaim:
[1] Regional Trial Court
Branch 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 denies
the contents insofar as plaintiffs 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 but
specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses
below.
3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specifically
denies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonable
belief as to its truth or falseness..
4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses
below.
Affirmative Defenses
[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material
and 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 the
Philippines 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 defendant
the 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 material
and 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 name
and reputation were besmirched by this malicious and baseless suit.
6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he
was 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 the
Complaint and granting defendants counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages,
and (b) Fifty Thousand as Attorneys Fees.
Other just and equitable reliefs are prayed for.
[7] Quezon City; 13 April 2007.
[8] (Sgd.) MITCH MCDEERE
[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-yan
Company for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read its
contents and affirm that they are true and correct to the best of my own personal knowledge; [To specifically deny
an actionable document: I specifically deny the genuineness and due execution as well as the binding effect
of the actionable documents pleaded by plaintiiff;] 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, I
shall 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 material
and additionally submit that he is entitled to indemnity and/or contribution from co-defendant MANGGA GANTSO in
the event that he is made liable to plaintiff because co-defendant MANGGA GANTSO acted as the duly authorized
agent of plaintiff in the sale of the property and, acting as such, received consideration, in the form of the purchase
price, from defendant.
[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by
1. dismissing the Complaint, and
2. granting defendants counterclaim by awarding defendant
a. One Million Pesos (Php.1,000,000) as Moral Damages, and
b. Fifty Thousand Pesos (Php.50,000) as Attorneys 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 the
Crossclaim.
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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 Proposed
Stipulation of Facts
3. Issues to be Tried or Resolved
4. Documents or Exhibits to be Presented and
Their Purpose
5. Manifestation of their Having Availed or their
Intention to Avail Themselves of Discovery
Procedures or Referral to Commissioners
6. Number and Names of the Witnesses, and
the Substance of their Respective
Testimonies.
7. Available Trial Dates
The filing and service of the pre-trial brief on the
adverse party must be done in such manner as
shall ensure the receipt of the same at least 3
DAYS before the date of the pre-trial.
Failure to file the pre-trial brief is tantamount to
failure to appear at the pre-trial.
Pre-trial is now mandatory in criminal cases
based on Rule 118, the 2000 Rules on Criminal
Procedure and Republic Act No. 8493 (The
Speedy Trial Act), although neither the law nor
the Rules require the submission of a Pre-Trial
Brief in criminal cases (in practice, courts also
do not require the submission of a pre-trial brief
in criminal cases). Consequently, the
requirement of a pre-trial brief and the
consequences for failure to submit one (e.g.,
non-suit or dismissal) appear to pertain
exclusively to civil cases.
There is no need to attach a Notice of Hearing
for a Pre-Trial Brief.
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 from
plaintiff, 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 desired
terms of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due and
owing to plaintiff inasmuch as there is nothing to indicate defendants obligations to plaintiff and, second, a schedule
of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand
Nine 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 plaintiffs claims based on a failure to state a cause of action because of :
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2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the real party in interest
under 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 moral
damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos
(PHP100,000.00) as attorneys 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 the
demand 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 even
thereafter, 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. Plaintiffs personality to seek legal relief;
4.1.2. Plaintiffs entitlement to the amount claimed;
4.2. Defendant submits that the following issues she put forward are subject to proof:
4.2.1. Plaintiffs bad faith in filing this suit;
4.2.2. Defendants entitlement to the claims made in her Compulsory Counterclaim as a result
of plaintiffs 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 this
suit against her;
5.1.2. An employee of Topless Enterprises with personal knowledge as to the true
circumstances 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 relevant
to rebut plaintiffs claims in the course of trial as well as any other witnesses whose testimony will become relevant to
belie plaintiffs witnesses, if necessary.
VI. RESORT TO DISCOVERY
[5] 6.1. Considering the relatively simple issues presented, defendant does not intend to avail of discovery at
this time.
6.2. Subject, however, to a concrete and reasonable request for discovery from plaintiff, defendant reserves the
right to resort to discovery before trial.
RESPECTFULLY SUBMITTED.
Quezon City; 13 April 2007.
[Address]
Copy furnished:
Atty. MA BOLA
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E. Motions
Under Sec. 2, Rule 15, RoC, all motions, save
for 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 motion
MUST include all of the ff:
1. Ground(s)
2. Argument(s)
3. Prayer/Relief
4. Notice of Hearing
In motions filed before the Supreme
Court and the Court of Appeals, a
Notice of Hearing is NOT required.
This part DIFFERS in an Ex Parte
Motion to Set Case for Pre-Trial
BECAUSE in such a motion, this part
does NOT contain a date of hearing,
because this is a motion, which the
Court may act upon without prejudicing
the rights of the adverse party, and
because this is precisely an ex parte
motion, as per Rule 18, Sec. 1.
5. Proof of Service
If service is done by registered mail,
instead of by personal service, then the
motion must include a WRITTEN
EXPLANATION, which need not be
verified, as long as it is SIGNED. An
AFFIDAVIT OF SERVICE is required in
the Supreme Court, so it may be
practical to combine the Explanation
and the Affidavit of Service.
6. Attachments (if any)
These include supporting affidavits and
other papers to prove facts alleged in
the motion.
The pleading or motion sought to be
admitted via a MOTION FOR LEAVE to
file a pleading or motion must be
attached.
7. Verification (in certain cases)
A written motion required to be heard and the
notice of the hearing thereof must be served in
such 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 the
hearing on shorter notice. It must also be
addressed to all parties concerned. The hearing
must not be later than 10 DAYS after the filing of
the motion.
Under Sec. 8, Rule 15, RoC on OMNIBUS
MOTIONS, a motion attacking a pleading, order,
judgment or proceeding must include ALL
objections then available; all objections not so
included are deemed waived.
Under Sec. 10, Rule 15, RoC, the rules
applicable to pleadings shall apply to written
motions as far as caption, designation, signature
and other matters of form, are concerned.
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Sample Motion to Dismiss (with request for and notice of hearing):
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 to
state 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 1
January 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, plaintiffs 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, plaintiffs Complaint
states 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
Metropolitan Trial Court
Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt
hereof and kindly include the same in the courts calendar for hearing on Friday, 27 April 2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning.
2 The Firm
PLUS:[5] Proof of Service
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A MOTION FOR JUDGMENT ON THE PLEADINGS, being a litigious motion, must request for a a
specific hearing date. Notice thereof must be given to adverse party through counsel.
Sample Motion for Judgment on the Pleadings:
LAKISA LAYAW,
Plaintiff,
- versus - For: Sum of Money
LAKISA HIRAP,
Defendant.
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 an
extension of time to pay his obligation but that plaintiff instead filed this Complaint. The Answer admits the material
allegations of the Complaint and has not tendered any issue; consequently, a judgment on the pleadings may be
rendered.
[3] WHEREFORE, plaintiff respectfully prays a judgment on the pleadings be rendered in his favor.
Counsel 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,
- versus -
LAKISA HIRAP,
Defendant.
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 Civil
Procedure, 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 this
Honorable Court.
[Address]
[4] REQUEST AND NOTICE
Regional Trial Court
Please submit the foregoing to the Court for its approval immediately upon receipt hereof.
Copy furnished:
MITCH MCDEERE, ESQ.
2 The Firm
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 request
and 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 be
able to set it for hearing and approval by the court.
Sample Motion for Postponement:
DILA TORY,
Plaintiff,
- versus -
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 as
he has also been directed to appear on this date and time before the Regional Trial Court of Makati City, Branch 139
for People of the Philippines v. Bil Moko, Criminal Case No. 009988, where he is scheduled to terminate cross-
examination of the prosecutions 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 attendance
in the Makati case becomes indispensable; otherwise, the accused in said case would be deprived of the opportunity
to 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.
[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 the
new deadline.
Sample Motion for Extension of Time:
DILA TORY,
Plaintiff,
- versus -
PASEN SYOSO,
Defendant.
x ------------------------------------ x
MOTION FOR EXTENSION OF TIME
1. He has been directed to file a Reply to defendants Answer by 10 May 2007.
[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due
date 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 this
reason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May
2007, within which to submit plaintiffs 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 May
2007, or until 25 May 2007, within which to submit plaintiffs Reply.
[Address]
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The defendant, who is to be declared in default, is entitled to be notified of the MOTION TO DECLARE
DEFENDANT IN DEFAULT and the order declaring him/her in default; thereafter, he loses the right to
receive any other notices except for judgment in default.
Sample Motion to Declare Defendant in Default:
ANAKIN SKYWALKER,
Plaintiff,
- versus -
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 20
March 2007, as indicated by the Sheriffs Return of even date, a copy of which is attached as ANNEX A.
[1 & 2] 2. Defendants 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, defendant
has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to present
evidence ex parte against defendant.
[3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed to
present evidence ex parte before the Clerk of Court acting as Commissioner.
(Sgd.) DARTH SIDIOUS
[Address]
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Although not required, the following sample MOTION TO LIFT ORDER OF DEFAULT includes paragraph
numbers 1 & 2, which give a short summary of the material antecedents, so that the argument and the
basis for the relief sought is clear and placed in context.
Sample Motion to Lift Order of Default:
ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO LIFT ORDER OF DEFAULT
DEFENDANT, by counsel, respectfully states that:
1. Five (5) days after service of summons and receipt of Complaint, she filed a Motion to Dismiss on the ground
that plaintiffs claim is outside the jurisdictional amount of this Honorable Court under the new Expanded Jurisdiction
Act and that the Complaint should properly be filed and tried before the Metropolitan Trial Court. The Motion to
Dismiss, which was received by plaintiffs counsel on 25 March 2007, was set for hearing on 10 April 2007, as
indicated on the Request for and Notice of Hearing.
2. Without waiting for the hearing on the Motion to Dismiss, this Honorable Court declared defendant in default
on 7 April 2007 based solely on plaintiffs Motion, filed two (2) days after the supposed lapse of the reglementary
period, which, however, was tolled by the filing of a Motion to Dismiss.
[1 & 2] 3. Under the circumstances, the order of default is premature and without legal and factual basis as: (a)
defendant has not failed to file an Answer within the reglementary period, (b) the reglementary period has not lapsed
because of the filing of the Motion to Dismiss within the period, and (c) the pendency of the Motion to Dismiss is
prejudicial to the issue of defendants default. Consequently, the order of default should be lifted.
[3] WHEREFORE, defendant respectfully prays that the Order of Default against her be LIFTED and that this
Honorable Court resolve her Motion to Dismiss.
(Sgd.) OBI WAN KENOBI
[Address]
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E. Special Civil Actions
Under Sec. 4, Rule 65, RoC, a petition for CERTIORARI, PROHIBITION or MANDAMUS may be filed not
later than 60 DAYS from notice of the judgment, order or resolution sought to be assailed in the Supreme
Court 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 Supreme
Court. 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 a
quasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed in
and cognizable only by the Court of Appeals.
1. Certiorari
Under Rule 65, RoC, a certiorari MUST include the ff:
1. Names of petitioner and respondent
2. Grounds
3. Prayer/Relief
4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates
ADD the date when the Decision or Judgment was received
5. Attachments
a. Certified true copies of the judgment/order subject of petition
b. 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 upon
the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be
entitled 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 restraining
order issue to ENJOIN any further proceedings by respondents.
Quezon City; 7 July 2007.
Counsel 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:
2. Grounds
3. Prayer/Relief
ADD the date when the Decision or Judgment was received
5. Attachments
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 upon
the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be
entitled 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 desist
and refrain from further proceedings in the premises, and that after due notice and hearing, a writ of prohibition issue
directing respondent/s to desist absolute and perpetually from further proceedings (in the said action or matter).
[Address]
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3. Mandamus
Under Rule 65, RoC, a mandamus MUST include the ff:
2. Grounds
3. Prayer/Relief
5. Attachments
(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 issue
commanding respondent/s forthwith to: (state the act required to be done), with costs against them.
[Address]
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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 have
conflicting claims, against such other persons, to compel them to interplead and litigate their several
claims 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
facts showing conflicting claims made on the same subject matter over which petitioner claims no
interest or an interest that is not disputed by claimants
3. Prayer/Relief
6. Verification and Certification against Forum Shopping
In the following sample complaint in interpleader, note the boldfaced phrase. It is important to allege this
because otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint in
Interpleader which would be determined by the value of the property. In this way, plaintiff will not be
unduly 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 defendants
reside 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. The
watch is now in plaintiffs 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 thus
seeks 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 to
interplead with one another to determine their respective rights and claims and to allow plaintiff to recover his
expenses for safekeeping and the costs of this suit, as first lien upon the subject matter of this action.
[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 the
following:
1. Parties
Any person interested under a deed, will, contract or other writing, before breach thereof, and
who stands to suffer injury by operation of the said deed, will, contract or other writing
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 property
under pacto de retro not redeemed)
3. Prayer/Relief
Sample Action to Quiet (or Remove Cloud on) Title:
IN RE: QUIETING OF TITLE OVER THE
PROPERTY COVERED BY TCT NO. 12345
SCA No. 1357
NALI LITO, as Special Administrator of the
Estate 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 only
encumbrance thereon.
3. The sale is fictitious and the Deed of Sale is forged, as shown by a judgment in Civil Case No. 2468, a copy
of which is attached.
4. The existence of the alleged Deed of Sale is prejudicial and injurious to the title of the lawful heirs of the
deceased upon the said property. Equity demands that the said Deed of Sale be surrendered and cancelled, as it is
a cloud upon the title of the deceased and his lawful heirs.
[3] WHEREFORE, petitioner respectfully prays that this Honorable Court render judgment in the Estates favor
by ordering the Deed of Sale surrendered and cancelled and the cloud on Title No. 12345 removed.
Counsel 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, and
who stands to suffer injury by operation of the said deed, will, contract or other writing
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 property
under pacto de retro not redeemed)
3. Prayer/Relief
Sample Action for Declaratory Relief:
INA API,
Plaintiff,
- versus - Civil Case No. 2468
THE CITY COUNCIL
OF 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 at
Quezon City Hall.
[2] 2. On 1 August 1999, defendant City Council passed Ordinance No. 2345 making it unlawful to operate
cellular phone units while inside a moving vehicle and penalizing any violations with a fine of P1,000.00 for each
offense 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 even
urgent and important calls which may be made only while the person is in transit. It fails to consider that, due to the
worsening 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 the
worsening 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 the
instances when he may lawfully use his cellular phone while in a moving vehicle and when such use may lead to
confiscation and a fine.
[3] WHEREFORE, plaintiff respectfully prays that this Honorable Court grant declaratory relief and declare
plaintiffs 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 office
3. Prayer/Relief
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 defendant
from occupying the office of ____________ and declare that plaintiff is entitled to the said office and that he be
placed forthwith in possession thereof.
[Address]
Part III. PLEADINGS and OTHER LEGAL DOCUMENTS in CRIMINAL PROCEDURE
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Part III. Pleadings and Other Legal Documents in Criminal Procedure
A. COMPLAINT-AFFIDAVIT AND COUNTER-
AFFIDAVIT
B. INFORMATION AND COMPLAINT
C. MOTIONS
1. Motion to Quash Information
2. Motion to Quash Search Warrant
3. Motion to Suppress Evidence
4. Motion for Bail
D. APPLICATION FOR BAIL
A. Complaint-Affidavit and Counter-Affidavit
Both a COMPLAINT-AFFIDAVIT and a COUNTER-AFFIDAVIT must include all of the following:
1. Identity of Affiant and Other Personal Circumstances
2. Statement of Venue
3. Factual Allegations to Show Violation or Defense
A complaint-affidavit shows the violation, while a counter-affidavit shows the defense.
4. Signature of Affiant
5. Verification
6. Certification as to Personal Examination of Affiant
Under Sec. 3(a), Rule 112, 2000 Rules on Criminal Procedure, the affidavit must be subscribed
and sworn to before a prosecutor, or a government official authorized to administer an oath, or in
their absence or unavailability, a Notary Public, each of whom must certify that he personally
examined 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 the
affiants personal knowledge. To resolve the problem of the affiants lack of personal knowledge as to
legal answers, affiant may simply state the fact that he was assisted by counsel and say I was advised
by counsel that
Sample Complaint-Affidavit:
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 X
Village, Makati, do hereby state under oath that:
1. I am a member of the Triple X Village Homeowners 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 he
publicly, 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 and
the 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 as
ANNEX 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. Ingays public and defamatory
utterance was clearly a reference to me and to no other.
5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public meeting are clearly insulting and
defamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, no
doubt that Mr. Ingays use of the word swindled was deliberate as his explanation and clarification a few utterances
thereafter would show. Mr. Ingays remarks are also very serious as they cast aspersions on my reputation, character
and very person before my peers and fellow homeowners.
6. Mr. Ingays remarks have injured my name, reputation and character before my neighbors and peers. While
my name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetimes effort
to build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannot
be allowed to simply go scot-free without bearing the consequences of his acts. For this reason, I am also holding
Mr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal
damages, 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 SELAN
Complainant-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 HE
VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
(Sgd.) Investigating Prosecutor
Sample Counter-Affidavit:
City of Makati ) S.S.
COUNTER-AFFIDAVIT
Re: 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 to
the 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 a
certain 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 a
Mr. 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 voluntary
contributions.
[3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no factual nor legal basis to
charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA GULANGs malicious lies, I set
forth 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 informed
her 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 that
both the Mayor and I had our units already; she then told me if the Mayor could refer her to
prospective 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 securing
Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able to
meet, as a result.
4.3. On that day, Ms. Gulang brought the units to the Mayors Office; she met with Mr. Gantso
inside the Mayors office. They transacted business inside the Mayors Office and only passed by
my office on their way out.
4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paid
her the amount of P11,000.00 for the units. Somewhat embarrassed by this, I called Mr. Gantso
and told him to pay Ms. Gulang; he assured me that he would pay her but that he just needed to
collect 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 gave
her the telephone number of Gantso so that she could just call him directly. But even then, I would
still get calls from Ms. Gulang; and when she started to get angry over the telephone, I set up an
appointment 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; I
would 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 simply
to 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. I
performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotely
resembles ANY of the acts punished under Article 315. If at all, any cause of action is PURELY CIVIL in nature
and that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextel
units (which Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to the Office of the
Mayor, 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 with
an offense, subscribed by the prosecutor and filed
with the court (Sec. 4, Rule 110, RoC)
a sworn written statement, charging a person with
an offense, subscribed by the offended party, any
peace officer or other public officer, charged with
the enforcement of the law violated (Sec. 3, Rule
110, RoC)
need not be under oath
BUT it must be signed and subscribed by the
prosecutor, who shall certify THAT he has
conducted the required PI
must be under oath
BUT lack of oath is not a formal defect and will not
invalidate judgment
valid, when signed by the prosecutor, who is
authorized to conduct PI of the offense committed
within his jurisdiction
PREVAILS, in case of conflict between the
information and the complaint filed, thus, omissions
made in the complaint, though corrected in the
information, are fatal (People vs. Oso, 1935)
A complaint for purposes of PI by the fiscal need
NOT be filed by the offended party. Unless the
offense subject thereof is one that cannot be
prosecuted de oficio, the complaint may be filed, for
PI purposes, by any competent person. The
complaint 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 aggrieved
party himself. (Ebarle vs. Sucaldito)
GENERALLY, a criminal action is commenced by complaint or information, both of which are filed in
court. A complaint must be filed by the offended party, while an information must be filed by the fiscal. But
a "complaint" filed with the fiscal prior to a judicial action may be filed by any person (Ebarle vs.
Sucaldito).
Under Sec. 11, 1991 Revised Rules on Summary Procedure, criminal cases covered by the said rules are
commenced by filing EITHER a complaint or information. BUT, in Metro Manila and in chartered cities, a
criminal case can only be commenced by filing an INFORMATION, EXCEPT when the offense cannot be
prosecuted de oficio.
Under Sec. 1(b), 1991 Revised Rules on Summary Procedure, the said criminal cases include
VIOLATIONS of traffic laws, rules and regulations; rental law; municipal or city ordinances; and Batas
Pambansa 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 property
through criminal negligence cost (damage) no more than P10,000. ALSO, the 1991 Revised Rules on
Summary Procedure does NOT apply to a criminal case, where the offense charged is necessarily related
to 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 Party
b. Name of Accused
2. Designation of Offense by Statute
3. Acts or Omissions Complained of as Constituting the Offense
including a statement of the qualifying or aggravating circumstances
4. Approximate Time of the Commission of the Offense
5. Place of Commission
6. 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 detained
b. Full name and address of evidence custodian
c. Detailed description of recovered items, if any
9. Verification
10. Certification of Preliminary Investigation or Inquest
The Certification of Preliminary Investigation is appended to an Information filed after a full blown
PI is conducted. On the other hand, as per DOJ Circular No. 61 (September 21, 1993; New
Rules on Inquest), Sec. 14, the Certification as to Conduct of Inquest is filed, if the accused was
arrested 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 to
administer an oath (i.e., the City Prosecutor in the sample below). Thus, the JURAT does not contain any
reference 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 Honorable
Court, the said accused, being then legally married to BIL MOKO, and without such marriage
having been legally dissolved and thus valid and existing, did wilfully, unlawfully and felicitously
contract 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 I
examined the Complainant and her witnesses; that there is reasonable ground to believe that the offense charged
had been committed and that the accused is probably guilty thereof; that the accused was informed of the Complaint
and of the evidence submitted against him and was given the opportunity to submit controverting evidence; and that
the filing of this Information is with the prior authority and approval of the City Prosecutor.
ELLIOT NESS
SUBSCRIBED AND SWORN TO BEFORE ME this 9
th
day of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
Bail Recommended: P10,000.00
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Sample Information for Theft:
(Caption)
Plaintiff,
- versus - For: Theft
KLEPTO MANIAC,
Accused.
x --------------------------------------------- x
INFORMATION
The 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 known
address, willfully, unlawfully and feloniously, with intent to gain, without force upon
things or violence upon persons and without the knowledge and consent of MA
ALAHAS, the owner, took a gold necklace studded with diamonds valued at One
Hundred Thousand Pesos (P100,000.00) to the prejudice of said owner.
CONTRARY TO LAW.
ELLIOT NESS
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 the
accused, 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.
ELLIOT NESS
SUBSCRIBED AND SWORN TO BEFORE ME this 9
th
of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
Sample Information for Attempted Rape:
(Caption)
Plaintiff,
- 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, unlawfully
and 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 commit
the crime of attempted rape upon her person, to wit: while SEK SEE was cooking lunch, the accused
seized her from behind, threw her to the floor, raised her skirt, pulled down her underwear and attempted
to penetrate her with his sexual organ and would have succeeded in doing so had not her loud protests
and vigorous resistance brought her neighbors to her assistance, causing the accused to flee from the
premises without completing all the acts of execution.
CONTRARY TO LAW with the aggravating circumstance of dwelling.
ELLIOT NESS
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:
2. Parties
3. Distinct Specification of Factual and Legal Grounds for Quashal
4. Relief
5. Date/Place
8. Affidavit of Service
Sample Motion to Quash Information:
[1] Republic of the Philippines
Plaintiff,
- 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 the
following:
[3] GROUNDS
1. IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL
JUSTIFICATION;
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 known
address. 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 accused
cannot be tried but instead proceeded against under Article 80 of the Revised Penal Code, which provides that a
minor, unless sixteen years of age at the time of the commission of a grave or less grave felony, cannot be tried but
instead shall have the benefit of a suspension of all proceedings against him. The duty of the court would be to
commit the minor to the custody or care of a public or private benevolent or charitable institution for the care and
education 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 the
accused be released immediately from detention.
Counsel 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 acted
upon only by the court where the action is filed. If no action has yet been filed, it may be filed with the
court that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case is
then 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:
2. Distinct Specification of Factual and Legal Grounds for Quashal
a. Failure to comply with form prescribed by law
b. Served beyond period
c. More than one offense
d. No personal determination of probable cause by Judge
e. No probable cause
3. Relief
4. Place/Date
7. Proof of Service
Sample Motion to Quash Search Warrant:
[1] (Caption)
Plaintiff,
- versus - Criminal Case No. 00022
For: 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 this
Honorable 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
day
from its date; 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 and must, thus, be quashed.
[3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all objects seized
under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III, Section 3(2) in
relation to section 2 of the 1987 Constitution.
[5] (Sgd.) MA TAPANG
Counsel 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 acted
upon only by the court where the action is filed. If no action has yet been filed, it may be filed with the
court that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case is
then filed in another court, the motion may be resolved by such other court.
A motion to suppress evidence MUST include all of the following:
2. Distinct Specification of Factual and Legal Grounds for Suppression
a. Search without witnesses
b. Served beyond period
c. More than 1 offense
d. No receipt
e. No inventory
f. Property not subject of seizure
g. Not evidence in plain view
3. Prayer/Relief
4. Place/Date
7. Proof of Service
[1] (Caption)
Plaintiff,
For: 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 to
Search 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 11
th
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 was
served 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 its
date; 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 does
not fall within the property that
may lawfully be seized.
4. On the occasion of the search, the searching party also seized accuseds 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 a
seizure of evidence in plain view.
[3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1122 be declared
INADMISSIBLE 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 TAPANG
Counsel for Accused
[Address]
4. Motion for Bail
A motion for bail MUST include all of the following:
2. Parties
3. Specification of Grounds for Entitlement to Bail
The allegation in this regard would invariably be to the effect that the evidence of guilt is not
strong and the relief prayed for would be a bail hearing and the subsequent admission to bail.
4. Prayer/Relief
5. Place/Date
8. Proof of Service
[1] (Caption)
Plaintiff,
- 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] prosecutions evidence
of 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 Quezon
City. The prosecutions own evidence, however, belies this allegation as: (a) the medical certificate (attached as ANNEX A
to the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma; (b) the
medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the
accused, two (2) days after the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted
for 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 than
circumstantial 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 prosecution
should be directed to present its evidence to show the strength of its evidence of the accuseds guilt, and (2) thereafter,
grant the accused reasonable bail.
[Address]
PLUS: Request for and Notice of Hearing
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D. Application for Probation
An application for probation MUST include all of the following:
1. All the Requirements as in Ordinary Motions
2. Grounds for Probation (See PD 968, as amended)
3. Prayer/Relief
4. Verification by Applicant
[1] (Caption)
Plaintiff,
RECY DIVIST,
Accused.
x ---------------------------------------------- x
APPLICATION FOR PROBATION
THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of Presidential Decree
No. 968, as amended.
In support of this application, the accused respectfully submits the following:
1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located
at Timog Avenue, Quezon City. On 23 February 2007, she pleaded guilty to the offense charged herein;
consequently, this Honorable Court in its Order dated 8 March 2007 sentenced accused-applicant to an
indeterminate penalty ranging from three (3) years to five (5) years of prision correccional.
[2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of the
disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically:
2.1. She has not been convicted of any crime against national security or public order;
2.2. She has not been previously convicted by final judgment of an offense punishable by
imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two
Hundred Pesos (P200.00);
2.3. She has not previously applied for nor had been previously placed under probation under
Presidential Decree No. 968.
2.4. She has not started to serve her sentence and, to date, has not filed any Notice of Appeal
from the Order of conviction.
3 Finally, granting this application will not in any way depreciate the seriousness of the offense charged nor
cause any undue risk that during the period of probation, accused-applicant will commit another crime. Moreover,
accused-applicant does not need any correctional treatment requiring commitment to an institution.
[3] WHEREFORE, accused-applicant respectfully prays that her application for probation be GRANTED and that
she be placed under probation under such terms and conditions necessary to attain and ensure the objectives of the
law and which, under the circumstances, are fair, just and reasonable in the sound discretion of this Honorable Court.
Quezon City for Pasig City; 12 March 2007.
Counsel for Accused
[Address]
PLUS: [4] Verification
[5] Request for and Notice of Hearing
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IV. Pleadings and Other Legal Documents Common to Civil and Criminal Procedure
A. OFFER OF EVIDENCE AND
OPPOSITION/COMMENT TO OFFER
B. DEMURRER TO EVIDENCE
C. NOTICE OF LIS PENDENS
D. APPEARANCE AND WITHDRAWAL AS
COUNSEL
E. SUBSTITUTION OF COUNSEL
A. Offer of Evidence and Opposition/Comment to Offer
A FORMAL OFFER OF EVIDENCE (also called FORMAL OFFER OF DOCUMENTARY EXHIBITS)
applies to criminal and civil cases. In criminal cases, the private prosecutor has no personality to formally
offer the evidence, NOR to do anything in a criminal case, as everything is done under the direction and
control of the public prosecutor. Thus, the offer is made in the name of the PROSECUTION. This is
always made in TABLE or COLUMN form, such that it would be easier for the Court to see the Exhibit
No., Description and Purpose but, for Bar purposes, this would not be practicable nor practical.
HOWEVER, the Offer MUST contain the Exhibit Number, a description of the Exhibit and the Purpose of
Offer. Furthermore, every legal document MUST be signed by BOTH the public prosecutor and the
private prosecutor. It would also be acceptable to have the Offer, prepared by a private prosecutor,
signed by the public prosecutor to show his CONFORMITY thereto.
If the question calls for an Offer of Evidence by the Accused/Defense, then the proper 1
st
par. should
read: The Accused (Defendant), by counsel, respectfully offers his/her documentary exhibits in
support of his/her defenses, as follows:.
This is a common mistake for any legal document submitted by a private prosecutor. It is important to
remember that the private prosecutor has no personality to do anything in a criminal case as everything is
under the control and direction of the public prosecutor. Thus, every legal document must be signed by
both the public prosecutor and the private prosecutor. Note that it would also be acceptable to have
the Offer that is prepared by a private prosecutor signed by the public prosecutor to show his
conformity thereto.
Sample Formal Offer of Evidence:
Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ------------------------------------------ x
FORMAL OFFER OF EVIDENCE
THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their documentary
exhibits in support of their case-in-chief:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signatureto
prove that on the date and time stated in the affidavit, the accused issued a post-dated check in the amount of One
Million Pesos (P1,000,000.00) which, on presentment for payment, was dishonored for lack of insufficient funds; to
prove authorship and the authenticity of the sworn statement; and as part of the testimony of the private complainant.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million
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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 checkto prove the issuance of the check, the amount stated, the reason for dishonor and the
identity 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 facts
therein stated and in support of its case-in-chief and for all other relevant purposes.
ELLIOT NESS ATTICUS FINCH
Public Prosecutor Private Prosecutor
Copy furnished:
MITCH MCDEERE
Counsel for Accused
On the other hand, a COMMENT/OPPOSITION TO OFFER only objects to the ADMISSIBILITY of the
document 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 also
determines admissibility). Any objections to purpose should be made in the Memorandum and an
appropriate reservation to do so may be stated in the Comment.
Sample Comment/Opposition to Offer:
Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ------------------------------------------ x
COMMENT ON THE PROSECUTIONS
FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully oppose the Prosecutions 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 are
INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to
cross-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 Million
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 are INADMISSIBLE for violation of the Best Evidence Rule as the original check was
never presented; and no basis for the presentation of secondary evidence laid.
ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are INADMISSIBLE and
must, thus, be EXCLUDED.
[Address]
Copy furnished:
ELLIOT NESS
Public Prosecutor
ATTICUS FINCH
Private Prosecutor
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B. Demurrer to Evidence
In civil cases, a DEMURRER may be filed with or without leave of court, but if the demurrer is granted and
later reversed on appeal, the defendant loses the right to adduce evidence.
Sample Demurrer in a Civil Case:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
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 the
obligation under the contract, (c) the demandability of the obligation under the contract and (d) defendants liability for
the obligation and damages.
3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and defendant is
entitled to a dismissal of the Complaint against her.
WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED.
[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, the
accused 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 the
evidence for the prosecution. If the second option is sought, the MOTION FOR LEAVE OF COURT TO
FILE DEMURRER TO EVIDENCE must be filed PRIOR to the Demurrer, and it is only after such Motion
has been granted, that the Demurrer may be filed.
Sample Demurrer in a Criminal Case:
(Caption)
Plaintiff,
- versus - For: Violation of PD 1866
ANAKIN SKYWALKER,
Accused.
x ---------------------------------------- x
DEMURRER TO THE PROSECUTIONS EVIDENCE
THE ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Demurrer to the
Prosecutions Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt to
overcome 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 this
presumption is that it entitles the accused to not say anything in his defense and places the burden directly on the
prosecution to prove everything relative to his guilt. Thus, the prosecution must rely on the strength of its evidence
and 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 is
unauthorized possession of a firearm. Concretely, this means that the prosecution must prove that
the 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 is
innocent; 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 SIDIOUS
[Address]
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C. Notice of Lis Pendens
Sample Notice of Lis Pendens:
4
th
Judicial Region
Branch 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 the
name of defendant is the subject matter of an action for reconveyance of an undivided one-sixth portion thereof filed
by DAMI LUPA, above-named plaintiff. Accordingly, please record this notice on the title.
[Address]
Copy furnished:
MITCH MCDEERE, Esq.
The CONFORMITY (as reflected by the signature) and name of the client, who authorized the counsel to
make its entry, MUST be shown in the ENTRY OF APPEARANCE.
Sample Entry of Appearance:
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
- versus - For: Legal Separation
PADME AMIDALA,
Defendant.
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 the
address given below.
No. 1, Imzadi Place
Tatooine, 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 not
have to explain his withdrawal. BUT, if such conformity was not given prior to withdrawal, the lawyer may
be asked to secure conformity, except when the withdrawal was due to fundamental and irreconcilable
professional differences, which must be STATED so as to justify the absence of conformity.
Sample Withdrawal as Counsel:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
PADME AMIDALA,
Defendant.
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 WINDU
1 Imperial Palace, Cloud City, Pasig City
WITH MY CONFORMITY:
(Sgd.) ANAKIN SKYWALKER
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Sample Withdrawal as Counsel WITHOUT Clients Conformity:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
PADME AMIDALA,
Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER due
to irreconcilable professional differences with plaintiff, for which reason the express conformity of plaintiff
cannot be obtained. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
E. Substitution of Counsel
Sample Substitution of Counsel:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
PADME AMIDALA,
Defendant.
x -------------------------------- x
SUBSTITUTION OF COUNSEL
THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala in
substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth, kindly address all
pertinent notices to the undersigned at the address given below.
OBI WAN KENOBI
2 Corruscant Place
Tatooine 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 CORPUS
B. PETITION FOR ADOPTION
C. PETITION FOR DECLARATION OF
NULLITY OF MARRIAGE
D. PETITION FOR PROBATE OF
HOLOGRAPHIC WILL
A. Petition for Habeas Corpus
Sample Petition for Habeas Corpus:
Branch 191, Makati
IN RE: PETITION FOR HABEAS
CORPUS 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 marriage
between 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 incommunicado
and out of petitioners reach.
3. Being below seven (7) years of age, custody of the minors is naturally presumed to belong to petitioner, as
their mother. Consequently, respondents refusal to allow petitioner to regain custody over the minors is unlawful and
unjustified.
WHEREFORE, petitioner respectfully prays that a writ of habeas corpus issue directing respondent to make a
return showing his legal authority to detain the minor children, subject of this petition, and thereafter, present the
minor children personally before the Court on a date and time it chooses.
OBI WAN KENOBI
Counsel 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 ADOPTION
OF ANAKIN SKYWALKER
SP No. 111334
DARTH 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 ANAKIN
SKYWALKER, 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 not
abandoned the minor child. With full knowledge of petitioners intention, they have expressly given their written
consent 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 also
morally 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 natural
parents 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 be
applied 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 court
considers the best interests of the child as paramount. Provisional custody may be awarded to the
following based on the order of preference:
1. to both parents jointly
2. to either parent taking into account all relevant considerations, esp. the choice of the child
3. 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 disqualified
4. to the eldest brother or sister over 21 years of age unless unfit or disqualified
5. 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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Also under the same Rule, child support may be sought. It must first be taken from the properties of the
absolute community or the conjugal partnership. In the discretion of the court, either parent or both may
be ordered to give an amount necessary for support, maintenance and education of the child in proportion
to the resources or means of the giver and to the needs of the recipient. Thus, the earning capacity of the
parent and the amount needed for support must be alleged.
Sample Petition for Declaration of Nullity of Marriage with Application for Provisional Orders:
[Caption and Title]
1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this petition, she may
be served with notices and other pertinent processes through counsel at [address of counsel].
2. Respondentis a Filipino citizen, of legal age, currently employed at [state employer] and married to petitioner.
He may be served with summons and other pertinent orders and processes of this Court at [state address]
3. Petitioner and respondent were married on [date] and out of this marriage, they have [state number of
children, respective ages]. A copy of the Marriage Contract executed by petitioner and respondent is attached as
ANNEX A; a copy each of the birth certificates of the minor children is attached as ANNEX B, C and D, respectively.
4. Petitioner and respondent are currently separated in fact and have been so since May 2001. The reason for
the continuing separation in fact is the breakdown of the marriage due to both petitioners and respondents mutual
psychological incapacity to fulfill and discharge their respective marital obligations to each other, which existed at the
time of the marriage in 1998 but manifested itself well into the marriage
5. The mutual psychological incapacity of the parties to remain married to each other appears to be incurable;
prior to this resort, the parties had attempted formal and informal counseling sessions all of which proved
unproductive as respondent proved resistant and, at times, even hostile to these efforts.
6. In compliance with jurisdictional requirements, petitioner submitted herself to a psychological and clinical
assessment by a trained professional, Clinical Psychologist [state name]. Despite several attempts, respondent
refuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry, it
was, thus, impracticable to secure a psychological report and profile of respondent; should this become material,
petitioner reserves the right to request respondent to submit to a psychological examination for purposes of
confirming the mutual psychological incapacity to remain married to each other.
7. Petitioners psychological incapacity is described in clinical terms as being consistent with a V61.1 Partner
Relational Problem and is said to have Masochistic Personality Disorder or 301.9 Personality Disorder Not
Otherwise Specified; on the other hand, the assessment given by the psychologist of respondents psychological
make-up is that he has a 301.20 Schizoid Personality Disorder with narcissistic features which is described as
grave, incurable and has antecedents. The psychological make-up of petitioner and respondent is explained in
greater detail in the Clinical Assessment Report (Report) dated 28 December 2006, a copy of which is attached
as ANNEX E.
8. Their minor children are in petitioners custody and are being supported by her financially and emotionally.
9. Petitioner submits that, despite the parties mutual psychological incapacity to remain married to each other,
the interests of the children are best served by having them remain in her custody, with visitation rights extended to
respondent. All of the children are minors and, under the law, children under seven (7) years of age shall not be
separated from the mother, save for exceptional circumstances which do not exist in this case.
10. Petitioner cannot, however, provide for all the financial needs of the children as she is only earning a limited
amount of money from her work whereas respondent is gainfully employed and earns more than enough for his own
personal needs. Petitioner earns only (state amount) from her work as shown by her payslip attached as ANNEX F
whereas respondent earns (state amount) from his work as shown by his payslip attached as ANNEX G. The
common property of petitioner and respondent is insufficient for the support of the children. Respondent must, thus,
be directed to give support to his children in the amount of (state amount).
WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child support be
issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly
support in the amount of (state amount), subject to any adjustments that may be made based on changing earning
capacity as well as needs.
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Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to be
psychologically 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, ordering
the dissolution of the conjugal partnership of gains; and
[2] Awarding permanent custody of the children to petitioner, with express acknowledgement of
respondents visitation rights;
[3] Awarding support in the amount of (state amount) subject to adjustments to be made
depending 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
Branch 30, San Juan
RE: PROBATE OF THE HOLOGRAPHIC
WILL OF PABLING SIA.,
SP PROC. No. 0023
PALING 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 handwriting
and in a language known to him. A copy of the will is attached as ANNEX A. The handwriting may be attested to as
his 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 and
cash amounting to Fifty Thousand Pesos (P50,000); he had no debts.
3. The deceaseds only heirs are herein petitioner and their son, PABLING SIA JR., both of whom are residing at
No. 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.
[Address]
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Part VI. Deeds, Contracts and Other Legal Documents
A. GENERAL POWER OF ATTORNEY
B. SPECIAL POWER OF ATTORNEY
C. CONTRACT OF LEASE
D. HOLOGRAPHIC AND NOTARIAL WILL
E. DONATION INTER VIVOS
F. SECRETARYS CERTIFICATE
G. BOARD RESOLUTIONS
H. DEED OF ASSIGNMENT
I. DEED OF SALE
J. DACION EN PAGO
K. CHATTEL MORTGAGE
DEED :: a sealed instrument, containing a contract or covenant, delivered by the party to be bound
thereby, 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 Blacks LawDictionary)
CONTRACT :: a meeting of minds between two persons, whereby one binds himself, with respect to the
other, 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 (Blacks Law
Dictionary)
A. General Power of Attorney
POWER OF ATTORNEY :: an instrument authorizing a person to act as the agent or attorney of the
person granting it (Blacks LawDictionary)
Although a GENERAL POWER OF ATTORNEY would suffice in ordinary instances, the Civil Code
expressly requires a SPECIAL POWER OF ATTORNEY in the instances specified under Art. 1878
thereof, 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 the
following 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 out
the acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitution
and revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do
or 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.
Principal
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 and
stead, 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 in
connection 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.
Principal
(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 and
resident of Quezon City (LESSEE), WITNESSETH that:
1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants made
below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati City
covered by Tax Declaration No. 001 (Makati City Assessors Office) for a period of TWELVE (12) MONTHS from
signing 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 at
the residence of LESSOR;
2.2. To keep the premises in good and habitable condition, making the necessary repairs and
painting inside and outside the house;
2.3. Not to make major alterations and improvements without the written consent of the
LESSOR and in the event of such unauthorized major alterations and improvements, surrendering
ownership 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 BAHAY
Lessor 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 Lease
consisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, having
acknowledged 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. TARIO
Until December 31, 2007
PTR No. 0000111/1/05/99, Makati City
Doc. 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 prescribed
by law, to control to a certain degree the disposition of his estate, to take effect after his death) which
simply has to be entirely written, date, and signed by the hand of the testator himself (Arts. 783, 810
NCC, restated)
NOTARIAL WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribed by
law, 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 Manila
7 July 2007
I hereby execute this holographic will, in my handwriting and in the English language which I know how to read
and write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City to my
son, 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 TESTAMENT
of
PABLING SIA, SR.
I, PABLING SIA, SR., of legal age, married to PALING KERA, a native of Lipa City, Batangas, now actually
residing 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 to
be 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, the
following 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 the
will 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, and
that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and
of 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 certify
that: the testator _________________ has published unto us the foregoing will consisting of ___ pages numbered
correlatively in letters on the upper part of each page, as his/her last will and testament and has signed the same and
every page thereof, on the left margin, in our joint presence and we, in turn, at his/her request have witnessed and
signed 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 Residence
SAKSI 2 Residence
SAKSI 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, personally
appeared:
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 July
2006;
2006;
2006;
all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three as
instrumental witnesses, and they respectively acknowledged to me that they signed the same as their own free act
and deed.
This Will consists of ___ pages, including the page in which this acknowledgment is written, and has been signed
on the left margin of each and every page thereof by the testator and his witnesses and has been sealed with my
Notarial seal.
IN WITNESS WHEREOF, I have set my hand the day, year and place written.
(Sgd.) N. O. TARIO
Notary 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, situated
in _________________, and more particularly described in Original/Transfer Certificate of Title No. ____ of the land
registry 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, the
above 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 has
reserved 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 express
gratitude 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 Quezon
City, Philippines.
LALIM BULSA
Donor
ACCEPTED:
DAMI UTANG
Donee
(Sgd.) MIRON 1
(Sgd.)MIRON 2
PLUS: Acknowledgment
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F. Secretarys 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.
SECRETARYS CERTIFICATE
I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the corporate
records, do hereby certify that under oath that:
1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (corporation), a corporation duly organized
and 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 quorum
was 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, the
same 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 TROI
Corporate Secretary
ATTESTED:
JEAN-LUC PICARD
President
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 be
authorized, as he is hereby authorized, to enter into any and all transactions with the representatives of the
Ferengi 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 Necessary
Amendment 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 and
convey unto DAMI LUPA, likewise of legal age, and resident of ______________, all his/her rights, title, ownership and
interest 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 unpaid
subscription on the said shares.
The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and lawful attorney-in-fact
to make representations with the corporate secretary and to cause the annotation of this assignment in the books of the
corporation.
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):
Makati City ) S.S.
DEED OF ABSOLUTE SALE
I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the amount
of _______________________, paid to me today by MA GU LANG, Filipino, single and resident of ________________ do
hereby 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 approximate
area 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 Title
No. ______, 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 MAN
Vendor
[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 WA
Vendors Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
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Standard Form of Deed of Sale of Unregistered Land (Unilateral)
Makati City ) S.S.
DEED OF ABSOLUTE SALE
I, MA YA MAN, Filipino, single, and resident of _________________________, for and in consideration of the
amount of __________, paid to me today by MA GU LANG, Filipino, single and resident of
_______________________ do hereby SELL, TRANSFER and CONVEY absolutely 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:
(Description: state the nature of each piece of land and its improvements, situations and
boundaries, area in square meters, whether or not the boundaries are visible on the land by means
of 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 when
registration 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 _______________; that
the 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 Mortgage
Law, the parties hereto have agreed to register this instrument under the provisions of Sec. 194 of the Revised
Administrative Code, as amended.
th
MA YA MAN
Vendor
[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 WA
Vendors Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
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Standard Form of Deed of Sale with Pacto de Retro (Bilateral):
Makati City ) S.S.
DEED OF SALE WITH PACTO DE RETRO
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),
- and -
MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________
(VENDEE);
WITNESSETH: That
The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements 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 under pacto de retro
unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from
all liens and encumbrances whatsoever;
The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the VENDEE, in
accepting the same, hereby obligates himself to RESELL the property herein conveyed within a period of ____ years
from date of this deed for the same price of ______________ (P____); Provided, however, that if the VENDOR shall
fail to exercise his right to repurchase as herein granted within the period provided, then this conveyance shall
become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of law
regarding consolidation of ownership of real property.
th
MA YA MAN MA GU LANG
Vendor Vendee
With my marital consent: With my marital consent:
ASA WA BA TAPA
(Sgd.) MIRON 1
(Sgd.) MIRON 2
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Standard Form of Deed of Repurchase of Land Sold under Pacto de Retro:
Makati City ) S.S.
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 certain
parcel of land, with all the buildings and improvements thereon, situated at Makati City, and more particularly
described, 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 property
was previously sold to under pacto de retro by the said MA YA MAN on _____________, executed before Notary
Public __________ 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.
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 is
married, then add the following:]
With my consent:
BA TAPA
Vendors Wife
(Sgd.) MIRON 1
(Sgd.) MIRON 2
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Standard Form of Deed of Sale with Mortgage:
Makati City ) S.S.
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 and
improvements 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 said
VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and
encumbrances whatsoever;
It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____), of which
amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the VENDOR-
MORTGAGEE at the latters residence, as follows:
(State manner of payment)
In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does hereby
MORTGAGE 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 shall
pay 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.
th
MA YA MAN MA GU LANG
Vendor Vendee
With my consent: With my consent:
ASA WA BA TAPA
Vendors Wife Vendees 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 which
property 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
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 to
BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH:
That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in full
payment and complete satisfaction thereof hereby assign, transfer and convey unto the ASSIGNEE that certain real
estate with all the buildings and improvements thereon, situated in ___________, and more particularly described as
follows:
(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
Assignors Wife Assignees Wife
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K. Chattel Mortgage
Sample of Chattel Mortgage:
Makati City ) S.S.
CHATTEL MORTGAGE
That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the loan of FIVE
HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal age, married and
resident of Makati, to be paid one (1) year from date hereof, have transferred and conveyed by way of chattel
mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances that
certain 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 shall
become null and void; otherwise, it shall continue in full force and effect and may be foreclosed in accordance with
law.
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 the
foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is not
intended 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 CASES
B. ORDINARY APPEALS IN CRIMINAL CASES
C. 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 from
notice of judgment or final order, MUST include
all of the following:
1. Notice of Appeal
- Parties
- Judgment or final order appealed from
- Material dates showing timeliness of
appeal
2. Proof of Payment of Appellate Court Docket
and Other Lawful Fees
3. 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 from
notice of judgment or final order, MUST include
all of the following:
1. Notice of Appeal
2. 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 format
as that in the Appellants Brief,
EXCEPT for the Copy of judgment
or final order appealed from.
3. Appellants 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 15
DAYS from notice of judgment or final order,
MUST include all of the following:
1. Notice of Appeal
2. 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 filed
within 15 DAYS from notice of judgment or final
order, MUST include all of the following:
1. Notice of Appeal
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, which
MUST be filed within 15 DAYS from notice of
judgment or final order, MUST include all of the
following:
1. Notice of Appeal
NOTE that the only instance when an ordinary
appeal from the RTC to the SC and where resort
is 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 offenses
committed on the same occasion or arising out
of the same occurrence, which gave rise to the
more serious offense for which the penalty of
death, reclusion perpetua or life imprisonment is
imposed.
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C. Petitions for Review
From RTC (as appellate court) or from a
quasi-judicial agency to CA:
Pursuant to Rules 42 and 43, Rules of Court, the
petition, which MUST be filed within 15 DAYS
from notice of judgment or final order OR within
the maximum of 15 DAYS extension period
therefrom, MUST include all of the following:
1. Full names of petitioner and respondent
2. Statement of Material Dates
3. Statement of Material Averments
4. Statement of Issues, Errors of Fact or Law
5. Argument
6. Verification and Certification against Forum
Shopping
7. Attachments
- Certified true copy or duplicate original
copy of judgment/final order questioned
- Clear and legible copy of all pleadings
and 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 15
DAYS from notice of judgment or final order OR
within the maximum of 15 DAYS extension
period therefrom, MUST include all of the
following:
1. Names of Petitioner and Respondent
(Without Impleading the Lower
Court/Judge/Justice)
2. Statement of Material Dates
3. Material Allegations, Reasons or Arguments
for Allowance of Petition
4. Verification and Certification against Forum
Shopping
5. Attachments
- Certified true copy or duplicate original
copy of judgment/final order questioned
- Clear and legible copy of all pleadings
and other material portions of the record
6. Proof of Service and Explanation for Service
by Registered Mail (if applicable)
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Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data
A. AMPARO
B. HABEAS DATA
A. Amparo
Under A.M. No. 07-09-12-SC, the Rule on the
Writ of Amparo, anyone whose right to life,
liberty and security is violated or threatened with
violation by an unlawful act or omission of a
public official or employee, or of a private
individual or entity can file a SIGNED AND
VERIFIED 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 is
connected to the right to liberty such that the
latter right cannot be vindicated without
addressing the threat to or violation of the right
to property.
The petition can be filed SUCCESSIVELY (or by
DEFAULT) by the following: an aggrieved party;
a member of his immediate family (i.e., spouse,
children & parents); an ascendant, descendant
or collateral relative within the 4
th
civil degree of
consanguinity or affinity; and in default of all the
foregoing, by a concerned citizen, organization,
association or institution. The filing by a more
prior party suspends the right of all others to file
similar petitions. NOTE that even if the Rule did
not expressly require so, if the petition was filed
by any of the relators, a statement must be
made that the aggrieved party did not, or could
not file the petition.
The petition may be filed on any day, or at any
time with any of the following courts, and the writ
is enforceable anwhere in Philippines.
a. RTC of place where the threat, act or
omission was committed or any of its
elements 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 is
Unknown 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 and
the Attendant Circumstances
4. Investigation Conducted, if any, the
Investigating Authority, the Manner and
Conduct Thereof and any Report thereon
5. Actions and Recourses Taken by the
Petitioner to Determine the Fate or
Whereabouts of the Aggrieved Party and the
Identity of the Person Responsible
6. Relief Prayed For
*7. Certification against Forum Shopping
WON this certification is necessary is
debatable. The Rule does not expressly
require a Certification and the Rule
forbids the filing of a motion to dismiss.
HOWEVER, Sec. 5, Rule 7, RoC, which
is the general rule on all initiatory
pleadings may be used to justify the
need 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 Defenses
2. Steps or Actions Taken by the Respondent
to Ensure the Security and Confidentiality of
the Data or Information
3. All Relevant Information in the Respondents
Possession
4. If the Respondent is a Public Official or
Employee, he must further state the actions
that have been or will still be taken to:
a. verify the identity of the aggrieved party
b. recover and preserve evidence
c. identify witnesses and obtain statements
from them
d. determine the cause, manner, location
and time of death or disappearance +
any pattern or practice
e. identify and apprehend the person/s
involved
f. bring the suspected offenders before a
competent court
The Rule provides for four INTERIM reliefs for
the petitioner, to wit: a temporary protection
order, an inspection order, production order and
witness protection order. On the other hand, two
INTERIM reliefs are provided for the respondent,
namely: an inspection order and a production
order.
The judgment must be rendered within 10 days
from the time the petition was submitted for
decision, while an appeal under Rule 45, RoC
on the basis of questions of fact and/or law must
be filed within 5 working days from notice of
adverse judgment.
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The following are PROHIBITED pleadings and
motions:
1. motion to dismiss
2. motion for extension of time to file return,
opposition, affidavit, position paper and
other pleadings
3. dilatory motion for postponement
4. motion for a bill of particulars
5. counterclaim or cross-claim
6. third-party complaint
7. reply
8. motion to declare respondent in default
9. intervention
10. memorandum
11. MR of interlocutory orders or interim relief
orders
12. petition for CMP against any interlocutory
order
Standard Form of a Petition for the Issuance of a Writ of Amparo:
[CAPTION AND TITLE]
(COURT)
(Location)
Name of Aggrieved Party or Relator,
Petitioner,
(Case No. _____________)
- versus -
Name of Public Official/Employee
Or 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 Details
1.4. Other Relevant Details
2. Respondent/s is/are . . .
2.1. Personal/Professional Circumstances Relevant
[BODY]
3. Statement of Facts
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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 witnesses
3.3. 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/es
2. Statement as to:
2.1. lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the
Petition;
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 against
the 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]
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B. Writ of Habeas Data
Under A.M. No. 08-01-16-SC, the Rule on the
Writ of Habeas Data, anyone whose right to
PRIVACY in life, liberty or security is violated or
threatened by an unlawful act or omission of a
public official or employee, or of a private
individual or entity engaged in the gathering,
collecting or storing of data or information
regarding the person, family, home and
correspondence of the aggrieved party, can file
a petition for the issuance of a writ of habeas
data. BUT, this remedy is NOT AVAILABLE for
violations or threatened violations of the right to
property per se, except where the right to
property is connected to the right to liberty such
that the latter right cannot be vindicated without
addressing the threat to or violation of the right
to property.
The petition can be filed by the aggrieved
party.BUT, in cases of extralegal killings and
enforced disappearances: a member of his
immediate family (i.e., spouse, children &
parents), or an ascendant, descendant or
collateral relative within the 4
th
civil degree of
consanguinity or affinity can file the petition.
The petition may be filed with any of the
following courts, and the writ is enforceable
anwhere in Philippines.
a. RTC of place where the
petitioner/respondent resides OR that which
has jurisdiction over the place where the
data/information is gathered/collected/stored
at the petitioners option
AND when the action concerns public data
files of government offices:
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
and the Respondent
2. Manner the Right of Privacy is Violated or
Threatened and HOW it Affects the Right to
Life, Liberty or Security of the Aggrieved
Party
3. Actions and Recourses Taken by the
Petitioner to Secure Data/Info
4. Location of the Files, Registers or
Databases, the Government Office, and the
Person in Charge/Possession/Control of
Data/Info, if known
5. Reliefs Prayed For
The Court may order, by way of final
relief that the act be enjoined or the data
or information deleted, destroyed or
rectified. The Court may also order that
all other relevant reliefs be granted.
* In case of threats, the relief may include
INJUNCTION.
6. Other Relevant Reliefs as are Just and
Equitable
*7. Certification against Forum Shopping
WON this certification is necessary is
debatable. The Rule does not expressly
require a Certification and the Rule
forbids the filing of a motion to dismiss.
HOWEVER, Sec. 5, Rule 7, RoC, which
is the general rule on all initiatory
pleadings may be used to justify the
need for such a certification.
Since only indigents are exempted from paying
docket fees and other lawful fees, they must
submit their proof of indigency within 15 DAYS
from the filing of the petition.
The VERIFIED return, which must be filed within
5 WORKING DAYS after service of writ (subject
to reasonable extension for justifiable reasons)
MUST include all of the following:
1. Lawful Defenses
e.g. national security, state secrets,
privileged communications,
confidentiality of the source of info of
media and others
2. In Case of Respondent in
Charge/Possession/Control of Data/Info:
a. disclosure of data/info about petitioner,
nature of such data/info and purpose for
its collection
b. steps or actions taken by the
respondent to ensure the security and
confidentiality of the data or information
c. currency and accuracy of the data or
information held
3. Other Allegations Relevant to Resolution
The PROHIBITED pleadings and motions are
the SAME as in the writ of amparo, to wit:
1. motion to dismiss
2. motion for extension of time to file return,
opposition, affidavit, position paper and
other pleadings
3. dilatory motion for postponement
4. motion for a bill of particulars
5. counterclaim or cross-claim
6. third-party complaint
7. reply
8. motion to declare respondent in default
9. intervention
10. memorandum
11. MR of interlocutory orders or interim relief
orders
12. petition for CMP against any interlocutory
order
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Standard Form of a Petition for the Issuance of a Writ of Habeas Data:
[CAPTION AND TITLE]
(COURT)
(Location)
Name of Aggrieved Party or Relator,
Petitioner,
(Case No. _____________)
- versus -
Name of Public Official/Employee
Or 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 Privacy in Life, Liberty or Security or Threat
thereof)
2. Respondent/s is/are . . .
2.1. Personal/Professional Circumstances Relevant
[BODY]
3. Statement of Facts
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 witnesses
3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts
4. Statement of Material Facts Relevant to any Interim Reliefs (if any)
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]
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Standard Form of a Return:
[CAPTION AND TITLE]
[PARTIES]
[BODY]
1. Supporting Affidavits of respondents and their witness/es
2. Statement as to:
2.1. Lawful defenses to show that respondent/s did not violate or threaten with violation the rights subject of the
Petition;
2.2. Disclosure of the data or information about the petitioner, the nature of such data or information and the
purpose 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]
* Most of these forms are based on Prof.
Theodore Tes Legal Forms v2009, while the
others are based on Philippine Legal Forms
Plus 2009 by Atty. Fernando B. Duque
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Glossary of Uncommon Terms
ABJURE - to renounce, repudiate or retract, esp.
with solemnity, under oath; to recant.
AB INITIO - from the beginning
ABNEGATE - to refuse or deny oneself (rights,
claims, conveniences, etc.); reject; give up
ADDLEBRAINED - foolish; silly; having or
revealing a muddled or confused mind; stupid
AD HOMINEM - appealing to one's prejudices,
emotions or special interest rather than to
intellect or reason, as by attacking one's
opponent rather than debating the issue.
ADVENTITIOUS - added extrinsically; not
essentially inherent; out of the proper place or
usual place.
A FORTIORI - with stronger reason
AGRESTIC - rural; crude; uncouth
AIDE-MEMOIRE - a memorandum of a discussion;
proposed agreement
ALEATORY - depending or pertaining to chance,
luck or contingency; unpredictable
ALEXIPHARMAC - an antidote
AMICUS CURIAE - a friend of the court; a person
appointed 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 something
as existing or occurring at other than its proper
time, esp. earlier; anything that is or seems to
be out of its proper time in history
ANCHORITE - a person who lives alone and apart
from society for religious meditation; hermit;
recluse
ANDROGYNOUS - exhibiting both male and
female characteristics, esp. sexual ones;
hermaphroditic
ANIMADVERT - to observe, censure; to comment
or act upon something with disapproval;
criticize adversely
ANTEBELLUM - before the war
ANTIPODE - anything diametrically opposed; exact
opposite
ANTITHESIS - opposition; contrast; the direct
opposite
APHORISM - 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 Apocalypse
APOCRYPHAL - of doubtful sanction, authorship
or authority; uncanonical; false; spurious;
counterfeit
APOGEE - the farthest or highest point
A POSTERIORI - from the effect to the cause;
reasoning sequence opposed to a priori
A PRIORI - reasoning sequence from cause to
effect
ARGUMENTUM AD ADSURDUM - an argument
proving the absurdity of an opponent's
argument
ARGUMENTUM AD HOMINEM - an argument to
the individual man, i.e., to his interests and
prejudices
ATHWART - across; against; opposed
ATRABILIOUS - sad; melancholy; morose;
gloomy; irritable; bad-tempered
ATTORNEY AD HOC
A person named appointed by the court to
defend an absentee defendant in the suit in
which the appointment is made.
ATTORNEY-AT-LAW
That class of persons who are licensed officers
of the courts empowered to appear, prosecute
and defend, and upon whom peculiar duties,
responsibilities and liabilities are developed by
law as a consequence.
ATTORNEY IN FACT
An agent whose authority is strictly limited by
the instrument appointing him. His authority is
provided in a special power of attorney or
general power of attorney or letter of attorney.
He is not necessarily a lawyer.
ATTORNEY OF RECORD
The attorney whose name is entered in the
records of an action or suit as the lawyer of a
designated party thereto. (1999 BAR EXAMS)
AUTARKY - national economic self-sufficiency; a
national policy of economic independence,
esp. of getting along without imports
AUTODIDACT - a person who is self-taught
AVANT GARDE - the advance group, the leaders,
or the radical in any field, esp. in the visual,
literary or musical arts, whose works are
characterized by unorthodox and experimental
methods; vanguard
BAGATELLE - something of little value; an
unimportant trifle; a short, light piece of music
BAR AND BENCH
Bar refers to the whole body of attorneys and
counselors collectively, the members of the
legal profession.
Bench denotes the whole body of judges.
BARRATRY
Offense of frequently inciting and stirring up
quarrels and suits. The lawyers acts of
fomenting suits among individuals and offering
legal services to one of them. (1993 BAR
EXAMS)
BEAU COUP - very much; very many
BEAU GESTE - a fine or beautiful gesture; an act
or offer that seems fine, noble but is empty
BEAU MONDE - fashionable society; elegant world
BELLWETHER - a leader of a movement or
activity
BETE NOIRE - something or someone that a
person particularly dislikes, fears, avoids,
dreads or loathes
BILLINGSGATE - coarsely or vulgarly abusive
language
184
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BLANDISHMENT - speech or action that flatter
and tends to coax, entice or persuade;
allurement
BLOVIATE - to orate verbosely and windily
BONHOME - good nature; pleasant and easy
manner
BON VIVANT - a person who lives luxuriously and
enjoys good food and drink; an epicure
BRAVURA - a display of daring; brilliant
performance; dash
BRIO - animation; vivacity; zest
BUMPTIOUS - offensively assertive; disagreeably
or excessively conceited, arrogant or forward
CACHINNATE - to laugh loudly, immoderately or
excessively
CADGE - to obtain by imposing on another's
generosity or friendship; to borrow without
intent to repay
CARTE BLANCHE - full power or authorization
CAVEAT EMPTOR - let the buyer beware
CAVIL - a trivial, annoying and pointless objection;
quibble; the raising of trivial questions
CHIMERA - a horrible or unreal creature of the
imagination; a vain, impossible or idle fancy
CHUTZPAH - unmitigated effrontery or impudence;
shameless audacity; insolence
CLAUDICANT - lame; having a limp
CLERISY - learned persons as a class; literati;
intelligentsia; educated people as a class
CLOY - to weary by an excess of something, as of
food; sweetness, richness or pleasure; surfeit;
satiate; to become uninteresting or distasteful
through 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 fashion
COLLOCATE - to arrange or place together, esp.
side by side; to arrange in proper order
COMMINATE - to threaten with divine vengeance
COMPOS MENTIS - of sound mind
CONCATENATION - a series of links united; a
series or order of things depending on each
other as if linked together; a chain; succession
CONDIGN - suitable to the fault or crime;
deserved; adequate
CONTRETEMPS - an inopportune or unfortunate
occurrence; an embarrassing mischance;
awkward mishap
CONUNDRUM - a riddle whose answer involves a
pun; any puzzling question or problem
COUP DE GRACE - a death blow, esp. one
delivered mercifully to end suffering by a
mortally wounded person; any finishing or
decisive stroke
CUMSHOW - a present, gratuity or tip
DEBOUCH - to come forth; emerge
DECLASSE - reduced to or having low status
DEFENESTRATION - the act of throwing a person
or thing out of a window; a tossing out through
a window
DEMIMONDE - a class of women who have lost
social 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 methodical
DETRITUS - loose material that is worn away from
rocks, debris
DIKTAT - 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; greedy
EXIGUOUS - extremely scanty; meager
EX PARTE - from one side only; other party is not
around or absent
EX TEMPORE - without preparation; impromptu
FAIT ACCOMPLI - a thing already done
FALSUS IN UNO, FALSUS IN OMNIBUS - false in
one thing, false in everything. Legally, the
entire testimony of a witness may be
disregarded if some part of it is found to be
false.
FARRAGO - a confused mixture; an assortment; a
medley
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; tactlessness
GLABRIOUS - smooth; bald; without hair
GRACILE - gracefully slender; thin
GRANDILOQUENT - speaking or expressed in a
lofty highfalluting, pompous or bombastic style
GRAVAMEN - the essential part of an accusation
or that which weighs most heavily or adversely
against the accused
GRAVID - in the family way or pregnant
HABEAS CORPUS - a legal order directing
somebody with custody of a person to bring
the party in court
HALCYON - peaceful; calm; tranquil
HOLOGRAPHIC - wholly written by the person in
whose name it appears, applies particularly to
wills and testaments
HOUSE COUNSEL (or IN-HOUSE COUNSEL)
One who acts as attorney for business though
carried as an employee of that business and
not as an independent lawyer
IN ARTICULO MORTIS (IN EXTREMIS) - at the
point of death
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INCHOATE - in the early stages; not yet
completely or clearly formed or organized;
incipient
INCULPATE - to charge with fault; blame, accuse
or involve in a charge
INEFFABLE - incapable of being expressed in
words; 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 case
JINGO - a person who professes patriotism loudly
or excessively
KVETCH - to complain; to whine
LAMBENT - playing lightly on or over a surface;
flickering as a lambent flame
LEGERDEMAIN - sleight of hand
LOGORRHEA - excessive talkativeness or
wordiness
MODUS VIVENDI - mode of living
MOIETY - one of equal parts; an indefinite part
NE PLUS ULTRA - the highest point or
culmination; the highest point of perfection
NIHILISM - total rejection of established laws and
institutions; extreme skepticism
NOBLESSE OBLIGE - the moral obligation of the
rich to display honorable or charitable conduct
NON COMPOS MENTIS - not of sound mind
NON SEQUITUR - conclusion that does not follow
logically from the premises; a remark having
no bearing on what has just been said
NUGATORY - of no real value; of no force or
effect; ineffective
OBITER DICTUM - in court decisions, a statement
made by way of opinion
ONUS PROBANDI - the burden of proof
OXYMORON - a figure of speech in which opposite
or contradictory ideas or terms are combined,
such as open secret, cruel kindness, deafening
silence
POLEMIC - a person inclined to engage in
argument or disputation
PROLIX - unnecessarily long; tending to speak or
write excessive length
PRO SE
An appearance by a lawyer in his own behalf.
(1995 BAR EXAMS)
PUTATIVE - to suppose; consider; reputed;
generally considered or deemed such
QUANTUM MERUIT, Doctrine of
A device to prevent undue enrichment based
on the equitable postulate that it is unjust for a
person 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; drawing
closer; reconciliation
RATIOCINATION - the process of reasoning
RECHERCHE - sought out with care; choice; too
refined; too studied
RES IPSA LOQUITUR, Doctrine of
Literally, the thing speaks for itself. This
principle or doctrine applies to both judges and
lawyers. Judges had been dismissed from the
service without the need for a formal
investigation because based on the records,
the gross misconduct or inefficiency of the
judges clearly appears. (Uy vs. Mercado, 154
SCRA 567)
SERIATIM - in a series; one after another
SUB JUDICE - under consideration by the court;
pending judgement
SYBARITE - a person devoted to luxury and
pleasure
TEMERARIOUS - recklessly or presumptuously
daring
UMBRAGE - offense; resentment; annoyance or
displeasure
USUFRUCT - the right to use or benefit from
something which belongs to another, short of
destroying or harming it; the use, enjoyment or
profitable possession of something
UXURIOUS - doting upon, irrationally fond of or
affectionately over abusive toward one's wife
VERISIMILITUDE - the appearance or semblance
of truth or fact; probability; something having
merely the appearance of truth
VOLTE FACE - the act of turning so as to face in
the opposite direction; a complete change of
attitude or opinion
- end of Legal Forms
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