Legal ethics

Donation
The donation and the acceptance
should be in writing.
Donation IntervivosDeed of donation
In consideration of my love to Maria
Cruz, I Perdo Cruz donate to the said
Maria Cruz a lot under my name
located in bulacan.
If the property in not yet under Torrens
title, it can also be identified via the
tax declaration. Block number, lot
number, area and boundaries.
If it is an intervivos: add a statement.

And we inturn have signed in the

presence of the testator and of one
ano9ther.
Signed witness number 1 number 2
and number 3
Negotiable instrument.
Negotiable promissory notes: 4
requirements
Example :
I promise to pay bearer 10 pesos on
demand.
Signed by maker.
Bill of exchange: 5 requirements
Pay bearer 10 pesos.

1. That I have reserved sufficient

balance for my creditors.
A donation mortis causa should be in
the form of a will. The simpliest form is
holographic will.
It is entirely written by the testator.
Holographic will
Upon my death that my only car with
licensed plate number xxx by given to
my only son Jose.
Signed by the testator.

Attestation clause- notarial will has an

attestation clause. Or else it will be
void.
We hereby attest that the testator
publish to us the preceding will. It
consists of only one page and was
signed by the testator in our presence.

Make a promissory in stated

installment.
I promise to pay bearer the sum of 100
pesos as follows:
1. 50 pesos on September, 15
2010.
2. 50 pesos on December ,15,
2010.
Make an acceleration clause:
I agree that if I would fail to make the
payment on its due date. My entire
obligation shall automatically ( ipso
facto) due and demandable.
Abitration clause:
I case of conflict between the parties,
before referring to court, the case
shall referred to an arbitrator.

Mediation clause:

Board resolution:

In case conflict between the parties,

before referring to the court, the case
shall be referred to the mediator.

This is to certify that in the meeting of

the board of directors of X corporation
held in its principal office in Manila on
August 20, 2010, in which meeting
there was quorum, the resoluti9on was
passed the corporation shall open
current account in the bostillus branch
of X corporation.

Escalation clause: interest &

Escalation clause would be valid if
there is a de-escalation clause.
I agree that if market rate of interest
would go up, to pay additional interest
based on the increase in market rates.

Add Jurat.

I further agree that if the market rate

would go down, there shall be
corresponding adjustment in the
interest rate I have to pay.

I promise to pay bearer on or before

January, 1 2020. Singed maker.

Dragnet clause or blanket clausefound in the mortgage.

Bond: It is a promissory note with the

payment period of after 5 years.

Court document:
Caption:

I agree that this mortgage shall secure

this mortgage shall secure all my
other obligations to the mortgagee.

Republic of the Philippines

Treasurer affidavit:

City of Manila Venue

I Maria Cruz of legal age of resident of

Mandaluyong under oath aver that I
was elected as treasurer of ABC
Corporation, in the process of
incorporation of each authorized
capital stock of 1 million pesos and at
least 25% of subscription was paid to
me in cash.

Branch #

______ Trial Court Jurisdiction

Title of the Case:

PEDRO CRUZ, Plaintiff, vesus MIKE
CRUZ, Defendant. x- x

Stock certificate:

Use et al after the complaint. In the

complaint one should write all the
parties in interest must be stated in
the complaint.

This certifies that jose cruz is the

owner of one common share of the
corporation.

If the defendant has been doing

business, the business should not be
included in the complaint.

Manila, august 20, 2010.

PEDRO CRUZ doing business as Pits

Commercial, plaintiff vesus MIKE
CRUZ, respondent.

Signed by corporate secretary and

president.

Title of the pleading:

Complaint or Answer or Reply
Plaintiff avers that
1st part of the complaint:
Introduction.
2nd part of the complaint:
Cause of action that will consist of
right of the plaintiff, duty of the
defendant to respect the right of the
plaintiff and violation of the defendant
of the right.
(One statement one number or
paragraph- for convenience purposes)
Actionable document
1st paragraph. to quote the material
provision of the document and attach
a copy.
nd

2 paragraph. That on august 21,

2015 the defendant borrowed money
the sum of 200,000 pesos from the
plaintiff.
3rd paragraph. For that loan, the
defendant made a promissory note as
follows. A copy of that note is hereby
attached to annex A.
4th paragraph. The defendant failed to
pay the loan on may 21, 2010, as he
had promised on that note and despite
demand of the plaintiff.
5th paragraph. He had to engage the
services of the counsel for which he
pay pay 20, 000 pesos.
\
Condition precedent:

Referral to the lupon tagapamayapa of

the barangay.
Common carrier- a claim should be
filed immediately if the damage is not
apparent and 24 hoursw if not.
Family members- earnest effort to
settle the dispute amicably.
Unlawful detainer there must have
been an extra judicial settlement to
vacate.
Certificate of non-forum shopping.
I hereby certify that I have not earlier
filed a similar complaint against the
defendant for the same cause of
action with any other court, tribunal,
or quasi judicial agency.
Allegation in the complaint for
forcible entry. (special civil action)
1. Introduction
2. He is the registered owner of
the property lot /#
3. Since he acquired the property
in 2010, he has been residing in
the property since februaury
2010.
4. Last august 21, the defendant
and together with other armed
men forcibly ousted the plaintiff
form possession of the property.
5. That the plaintiff has engaged
gthe services of a counsel for
which he agreed to pay the fee
of 20 thousand pesos attorneys
fee.
6. That he and the defendant
referred the case to the lupon
tagapamayapa where they
reside but the parties failed to
settle the case amicably. A

certificate to file a court case is

hereby attached.
Wherefore it is prayed after due
notice and hearing, ordering the
defendant and all other persons
under him to vacate the house
at 123 legarda street city of
manila, ordering the defednat to
pay the plaintiff 20,000 per
month for the use of the
defendant for the use of the
property, ordering the
defendsant to pay the plaintiff
for the attorneys fee of 20000,
cause of suit and expenses of
litigation.

under him to vacate the house

at 123 legarda street city of
manila, ordering the defednat to
pay the plaintiff 20,000 per
month for the use of the
defendant for the use of the
property, ordering the
defendsant to pay the plaintiff
for the attorneys fee of 20000,
cause of suit and expenses of
litigation.
Answer to the complaint.
1. introduction
2. Defendant hereby admits the
entire allegation in the complaint.
Or

Allegation of the case Unlawful

detainer:
1. Introduction
2. Last jan 1 2010, he leased to
the defednat the lot in legarda
steet city of manila.
3. For the use oif that house, the
defendant agreed to pay renatl
at the rate of 20,000 pesos per
month, payable in advance
within the 1st five days of each
month.
4. Since april 2010, the defendant
has filed to pay the stipulated
rentals.
5. He demanded that defendant to
vacate the house and pay the
accrued rental; but the
defendant failed to do both.
6. That he engaged the services of
a counsel for which he agreed
to pay 20,000 pesos.
7. Wherefore it is prayed after due
notice and hearing, ordering the
defendant and all other persons

2. He denies the paragraph 3

of the complaint, the truth being.
Or
2. For lack of knowledge or
information sufficient to form a
belief as to the truth thereof.

Entry of appearance
The undersigned attorney hereby
enters his appearance as the counsel
for the accused.
Joint manifestation ( just a
declaration)
Parties hereby inform the court that
they cohabit again as spouse and their
property relation is to continue as a
complete separation of property.

In the matter of adoption of jose cruz.

Habeas corpus of webber, jose cruz,

petitioner.
Special proceedings
No allegations of attorneys fee,
damages, cause of suit, expenses of
litigation.
Complaints in criminal
Criminal: Complaint affidavit or
information
Narrate chronologically different acts
or facts constituting the different
elements of the offense, stating day
and time (if material) as well the place
where committed.
Complaint affidavit of violation of
BP 22. Governed by summary
procedure
I Jose Cruz, legal age, and a resident of
Mandaluyong, Metro Manila, aver that:
1. Last august 22 2010, the
respondent borrowed from me
the sum of 100pesos.
2. For that loan the respondent
made and issued in the city of
manila promissory note,
3. On the same day, the
respondent drew and issued to
me PNB check 1234 and post
dated December 21 2010 for
the amount of his loan.
4. On December 21 2010, I
presented the check for
encashment with the drawee
bank but the check was
dishonored by non payment for
the reason of account closed as
clearly stamped on the face of
the check.

5. I notified the respondent of the

dishonor of that check on July
2 , 2010 but despite due notice,
until this day the respondent
has not replace the check with
cash.
6. I hereto attached the copy of
dishonor of the check as annex
a.
7. I am executing this sworn
statment for having violation of
bp 22.
JURAT
Complaint affidavit of rape
I Maria Santos, of legal age, single, a
resident of, aver that:
1. Last august 1, 2010, in the city
of manila at about 7 oclock in
the evening, as I was leaving
the campus of city of San
Sebastian in the city of manila,
the respondent forcibly made
me ride in his car.
2. The respondent car drove his
car all the way to Pasig city,
where upon arrival in the place
called Victoria court, the
respondent brought me inside
me to his room,
3. Once inside the room the
respondent push to the bed and
the respondent laid on top of
me.
4. The respondent removed all my
clothes against my will.
5. The respondent touching my
breasts and my sex organ
against my will.
6. Then inserted his organ into
mine against my will.
7. I am executing this sworn
statement for I am charging the
respondent with having

committed a violation of art _ of

the RPC.
Information
The undersigned prosecutor
hereby accused Pedro Cruz with
having committed the violation
art _ of RPC.
Motions: ex parte motion & motion
Exparte motion for the scheduling
of preliminary.
With the filing of defendants answer,
the issues in this case are not joined.
Wherefore it is prayed that the court
to schedule the pre trial or preliminary
conference as soon as possible.
Motion proper (with notice of
hearing)
It must be addressed to the counsel of
the other party.
Please be informed that the
undersigned will submit following
motion (Friday PM)
3 day rule and 10 day rule
Proof of service.
Copy received by:

Labor 10%
When can you collect?
1. Attorney/ client relationship
a. Agreement
b. Implied agreement
c. Consultation
A1. Attorney client
relationship
A2. Client for life
2. Rendering service
Attorney can collect the unpaid
attorneys fees.
1. Retaining lien is unilateral.
2. Charging lien recording is with
court approval
Notatu dignum- there is a
presumption of regularity in all court
procedure.
Suit assumpsit civil action filed by
a lawyer against the client for the
unpaid the attorneys fees.
Contingent lien allowed, no person
shall be deprived of adequate legal
representation solely on the account
of his inability to pay.
Champertous lien not allowed, if
the attorney pays for all the costs of
litigation.
Any excess of the attorneys fees
cannot be retained.

Attorneys fees:
Under bar

Fine pecuniary penalty

Ordinary compensation of the

service rendered

Warning and reprimand-

Extra ordinary award to the client by

the court

Suspension removal of the privilege

to practice law.

Indefinite suspension Disbarment- removal of the name in

the rolls of attorney.
Grounds of disbarmentL:
1. Fraud
2. Willful disobedient
There must be hear8ing, but not a
trial type.
Only the SC disbar and
reinstatement.
Nature of the disbarment caseDisbarment is Sui generis :
1. Imprescriptible
2. Neither civil nor criminal
3. Can be filed by the SC motu
propio
4. No strict application of rules of
law
No trial type (filing of position
papers)
5. No effect of affidavit of
desistance.
(If the parties settled there
dispute, affidavit will not affect
the case)
6. Confidentiality

Integrated bar of the Philippines- cant

investigate judge.
Disbarred lawyer can defend himself.
Pro se practice rule- a party may his
case by himself or his agent.
A lawyer that is a lawyer in other state
and disbarred in that state- depends
on the ground of disbarment in
another jurisdiction.
Final order suspension will come
from the Supreme Court.
A person who passed the sharia bar
who didnt passed the national bar,
should not use counsel.
There are two certificates in order for
one to be issued with notarial
commission- certificate from the SC
and certificate from the IBP chapter
where you are a member.
If you cant pay an IBP due for more
than 6 months will disqualify you from
getting the certificate of good
standing from the IBP chapter, which
is the requirement in getting the
notarial commission.
Requirement for the reinstatement

Notary public illegal actions:

1. Without commission
2. No parties appealed before the
lawyer
3. Dead party
4. Ante date.
Disbarment case- the real party in
interest- court

1.
2.
3.
4.
5.
6.

Time
Admission of guilt or wrong
Behavior before the disbarment
behavior after disbarment
ground for disbarment
Favorable endorsement of all
the IBP.

Do counsel de officio offers service for

free?
Client- no

Government yes

IBP- official origination of the lawyers.

Semi governmental entity.

Non lawyers/ lawyers who cant

practice/ limited
A.
1. Pro se practice rule
2. Labor cases
3. DARAB department of agrarian
adjudication board
4. Law student practice rule
4th year, enrolled in the legal
clinic, certified in school.
Without compensation.

Fundamental purposes of the IBP:

1. To elevate the standard of the
legal profession
Conduct seminar on the latest
juriprudence, inviting speakers,
conducting mcle seminar
2. To improve the administration of
justice
To conduct bench and bar
dialogue.
3. To enable the bar to discharge it
public responsibility

B.

Legal aid clinic, jail decongestion,

1. Judges

Nonpayment of dues-

2. Prosecutors/ sol gen

IBP non political body- he cant

endorse any political candidate.

3. Mayors and governors

4. Dead lawyers
5. Solicitor general/government corp
lawyers
C.
1. Senators and congressman- cant
appear personally to argue his case.
He cant also sign pleading.
2. Sanguniang member3. Vice mayor and vice government4. Judges receiving pension from the
government, cant accept case with
government or govt official being the
adverse party.
d. who cannot practiceamicus curiae- experienced and
impartial lawyer

Deemed resign clause- the ibp pres

appointed as cabinet secretary. Yes,
until he accepts the appointment thus
he is considered deemed resigned.
Ibp cant prohibit forming of another
organization for lawyers.
Memorized canon 1.01
Breach of promise to marry generally
not actionable.
When done by lawyers and bar
candidates actionable because of the
manifestation of immorality.
Barratry- instigating unnecessary suit.
Can lawyers advertise- if allowed or if
not allowed?
Allowed advertisement

1. Business card- proper unless no

self laudatory statement.
2. Full page ad by the client
thanking the lawyers
3. Poster in the house
4. Signage
5. Newspaper story about
changing the address, law
office.
6. When lawyer not advertising as
lawyer
7. Telephone directory with no self
laudatory
Not allowed.
1. Full page ad instigated by the
lawyer

Partners who elected senator or

congress there should be a
statement of on leave.
When a judge is dishonorable
discharge- the title of the judge
should be removed if the penalty
is forfeiture of all benefits, it
includes the title. Therefore not
allowed to use the judge.