San Beda yee College of wow 2009 CENTRALIZED BAR OPERATIONS LEGAL ETHICS and PRACTICAL EXERCISES Legal Ethics Legal FormsSan Meda College of Law 2009 CENTRALIZED BAR OPERATIONS ADMINISTRATION DEAN VIRGILIO B. JARA VICE DEAN PABLITO A. PEREZ ADVISER ATTY, MARCIANO ©, DELSON EXECUTIVE COMMITTEE HERBERT CALVIN ABUGAN overall caale and chair acadeinics operstions . IMANOLO ADE. SANTOS chair hotel operations . GRACE SAAN TRIA vice chalr for operations JUAN CARLOS NUESTRO vice chair for academies MAE ANGELIE ETANG sicecchalrfor secretariat KRISTIE ANNABELLE HIPOS vice clair for finance EIRENE XINA ACOSTA vice chair for ed ACF JELLO CONCEPCION vice chair for logistics SUBJECT COMMITTEES BERNADETTE BATHAN political aw MARINELL) MARTINEZ labor few FRANCESCA LOURDES SENGA elvliaw: CLARIBELLE BAUTISTA toxation law PATRICK SARMIENTO cofmmercil law ANDREW JOSHUA ALCANTARA criminal aw BADI. MOHAMMAD SALENDAB remedial law MA, MAHARANI LIWWAYA SORIA legal etfs and practical exerciseswea TABLE OF CONTENTS LeGal erHiCs. ai a Preliminary Matters an : 7 a The Code of Frofsssional Responsibility. 8 Bar Diselpline soar nsni sn 235 Judicial Ethics. cesennetininnnnnanecansene lt ¥ Integrated Bas of the PhINIppINES neni ntennn 58 Practical [xerC 1808 ean ninrvnnnsnsnn nnn wn a 60 LEGAL FORMS: ‘General Guidelines Cardinal Rules in sratting legal documents. Non-ltigation Forms Form No. 4; Signature of Counsel. Forn, No, 2: Acknowledgmen Form Wo. 3: Jurat. Form No. 4: Affidavit. im Form No. 5: Affidavit of Good Fatt Form No. 6: Sale of Reg'stered Larc! Form No. 7: Deed of Sale of Unregistered Landnn Forin No. 8: Deed of Sale of Registered (and With Pacto de Retro wn nenennsnsenm Form tio, 9: Deed of Sale with Morigage.. Form No. 10: Sale of Personal Property Fort No, 11: Lease of Real Ponertyn en Forrs No, 12; Lease of Personal Proporty Form No, 13: Deed of Assignment. Form No, 14: Dacion en Pago . Form No. 15: Real Estate Mortgage . Form No. 16: Chattel Mortgage. Form No. 17: Special Power of attorney... Form ii, 18; General Power of Attorney sim Form No, 19: Revacation of Power of Attorney. Form No. 20: Holographlc Wit Form No. 21: Notarlal Wit Form No. 22: Donation Mortis Catsa. Form No, 23: Articles of General Partnershio Form No. 2A; Articles of Limited Partnership: Form No. 25: Articles of incorporation of Stock Corporation Forim No, 26: Treasures Affidavit Form No. 27: Articles of incorporation of ‘Non-stock Corporation... 7 9 Form No, 28: Compary Resolution Increasing the Number of Board of Directors & Amendment To Articles. soon 92 Forni No. 29: Certification of Board esolutionLUtigation Forms. By Corporate Secretary. Farm No, 20: Petition for Corporate Rehabilitation Form No. 31: Promissory Note Forta No. 32: Bill of Exchange. Form No. 33: Check.. Form No, 34: Verification. Form No. 35: Certieation of Non tarum Shoprin Form No, 36: Combined Verifiation & Certficcte ‘Of Nomforum shopping Form No, 37: Afidavit of Service. Forni No, 38: Explanation Forma No, 29: Request for & Notice of Hearing Form No. 40: Affidavit of Merits.. Form No. 41; Affidavit fcr Preliminary Attachment. Form No. 42: Ahidavit for Replevin Ferra No, 43; Complaint dated on an Actionable ncument (one cause of action). F Form No. 44: Complaint (severai causes of ection) . Form No. 45: Answer with Negative & Affirmative Defenses, Counterclaim, Denial of Document under Oath . Form No. 46: Notice of Us Pendens. Forin No. 47: Pre-trial Bef Form No, 48: Summons Form No. 49: Application tor Issuance of eubpoens.. Ferm No, 50: Subpoena. Form No, 51: Motion to Declare Defendant in Default. Form No. 52: Motion to lift Order c¥ Defouit Form No. $3: Metion for Postponement of Hearing Form No. $4: Motion to LisinsS ean Form No. 55: Motion £9 Intervent s - Form No, 86: Metion for dame: on tive Pleadings Form No. $7: Motion for New ‘rlal Form No, 58: Motion for Extension of Time tu File Answer. Form No, 69: Motion for Consolidation of Two Cases Filed with Different Diislons of the Cratt of AppERtB no Form No. 60: Motlon for Uisavalfiration/ Inhibition of ude. Form No, 61: Complaint with Prayer for Preliminary Attachment. torr Ho, 62: compat with Appeal fr Preliminary injunction. Form No. 63: Interpleader..... Form No, 64: Petition for Certorer Form No, 65: Petition for Prohibition... Form No. 65: Petition for Mandarau:... Form No. 67; Petition for Quo Warranto ..Foria No. 68: Complaint for Judicial Foreclosure Of Mortgage Forts No. 68: Complaint for Judie Real Estate Form No. 70: Appellant's Brief Forma No. 71: Memorandum. Forrn No. 72: Petition for Review... Forta No, 73: Caption of Crimine! Complaint © Requiring Preliminary investigatior Form No. 74: Jurat or Oath of Criminal Complaint or ‘Affidavits of Witnesses before Prosecuto Form No. 75: Complaint-affidavt (In general). Form No. 76: Certification of Preliminary Investigation Form No. 77: Certification as to Conduct of Inquest. Form No. 78: Information for Acts of Lasciviousness ... Form No. 79: Information for Rape. Form No. 80: Motion for Balt In Capital Offense... Form No. 81: Motion to Quash infurmation Form No. 82: Appearance 8s Counse! Form No. 83: Withdrawal as Counsel ‘With conformity of Client Form No. 84: Withdrawal as Counse! Without Conformity of Client. Form No. B5: Substitution of Counsel Form No. 86: Notice of Appeal. Partition of Form No. 89: Probate wil os Form No, 90: Petition for Letters Administration Form No. 94; Petition for Guardianship of Minor.» Form No, 92: Fetition for Habeas Corpus. it Form No. 93: Petition for Change of name Form No, 94: Certificate cf Candidacy Forms No, 95: Election Protest... Fort No. $6: Quo Warranto.. * ae oe ware! y This is thie intellectual Property of the’ San deda College of Law 2009 Centralized Bar Operations. Unauthorized use and reprodvction ofthis materials prohibited.Set San Beda College of Taro LEGAL ETHICS (1993, 1996 BAR EX/.MS): It ls a branch of moral science, which treats of the duties, which an attorney owes to thé court, to his client, to his colleagues In the profession and te the public, (Justice Georye Malcaim) PRAGTICE OF LAW (1991, 1902, 1893,, 1996, + 2000, 2004, 2005 BAR EXAMS): itis any activity in or out of court, which requires the application of Faw, legal procedure, knowiedge, training ancl experience. Generally, to practice law is to give notice or render any kind of service which device fF service requis the use in any degroe of loyal knowledge or skill (Cayetano v._Monsod, G.R. No. 100113, September 3, 199%). The SC applies experiences as a lawyer-economist, a iawyer- manager, a-lawyer-enterpreneur, and @ tawyer- legislator of bath rich arid the poot-veriy more than satisfy the constitutional requirement-that he hae ‘been engaged in the practice of law for at least 10 years, * Faotore Detorminative of Engaging in the Practice of Law J. -Habitualty ~ implies customary. or habitual holding oneself out to the public as x lawyer, 2. Compensation = implies that one must have presented himself to be in the active practice _ and. thal . his. professional. vervices are available fo the publc for corspensation, us a source of livelinood or in’ consideration of his said servines;’ aril Application of law, legal principle, practice or Procedure which ‘cat's for legai knowledge, training end experience; and’... 1 4, Attomey-cllent, relationship ~ i presuppose: the existance of a lawyer-client relallonenip, ‘Thus, activitios,| ke, téaching aw or; writing law boi or articles, do tit qualify &,lawyer COMMITTEE: HERBERT CALVIN ABUGAN -ARGAL ETHICS AND PRACTICAL EXERCISES: IMATUGA legal eles, MELANIE GARCIA Taga frm, ‘emoens: : ‘Apo Cayo, Athur 2apnote Cacia Mane Lays, Cryst Marcas; > Miador, Marie Wiel Sta. Ane 7 this principle to mean: that Atty.” Monsou's past, Pena E ‘ari hae sn chal Aedes oparaons, MANOLO. {har for epeatons VAN CAR|OS NUESTRO vie cha for aad, Mal ACU ET en chair for nance, MEENE XIN ACOZTA ie chal To ad, SEE JELLO CONCEPCION REGUS TWA MAHARANL UWAYA SORIA abject chal EOPONVILE NOOTA WAMBUT GITAU as MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 1 profession as a lawyer. (Dissenting Opinion of Justice Padilla, Cayoluno v. Morsod, supra). Lote: The practice of lawis not a natural, property (of constitutional right bul @ more privilege. It is not a right granted fo anyone who demands it but 2 priviege tobe extended or withheld in: the ‘exercise of sound Judiclal discretion. More specifically, it is limited to persons uf good more character, with special qualifications duly ascertained and zertiied, in re Ozaete, 92 SORA 1) Fost 1 I also In the nature of @ right because Jewyer cannot be prevented from practicing law ‘except for valid reasons. He can only be deprived of it for migeenduct ascertained and after ‘opportunity to be heard has been afforded him, Power to Regulate the Practice of Law (1995 BAR EXAMS): The power to admtt applicants to the practice of law's judiclel Ir nature and invclves the exercise of Judicial discretion. | The euthorty to dacito who may be admitted to tho bar naturally and ingicaly bolongs to the judielary rprasontec by the Supiome Court in viow of tha ‘nature of its judicial function and in the role played by attomeys in the administration of rastce. + Thus the Constitution provides under Art. Vill Seo. 5 (8): 7 2 Sec. 6: Tho Supromo Court shell have the ln Puvealan,Fimor Amer, lerber Mallen, ie Sogn, win Alcona, alley ‘HerandesJobrjo Sogaboen, ote Tey, Juan Clr Sandi Juan Palo Soros, of. TnereeaAbalents, Metch tert Ferande, Citar2.12009 CENTRALIZED BAR OPERATIONS ie On the other hand, the legislature, in the exercise of ite police power may enact laws ‘egulating the practice of law to protect the pubiic and promotu the public welfare. But tne Yegistature may not pags a law that wili control the SC in the performance of its funrtivn to decide who may enjoy the privilege of p acticing taw and any law of that kind. Is uncon: tituional as. an Invalid exercise of legi Cunanan, 94 Phi 534) ‘The SC acts through @ Bar Examination Committee in the exercise of its judicial function to adnilt candidaies to the legal profession. ‘The Committee is composed of: 4. @ member of the Court’ who’ acts as * chairman and 2. 8 members of the Bar who ac as examiners in the 8 bar subjects with one subject abelgned to each examiner, Acting as @ sort of liaison officer between tne Court and the Bar Chairman, on one hand, and the individual members of the Committee, un the other, (8 the Ber Confidant wh is at the same Puty clerk of the Court. He does not discretion with respect to the ina'ter imission- of examiners to the Gar (In 10 Lenuavo, A.C. No. 1162, August 29, 1975). The power of the SC to reguluta the praciica of Jaw includes the wuthor"y +0 (OPD-DRO-PES): 41, Define the term; 2. Brescribe the qualifications of a candidute to and the subjects of the ber oxaminations; 3. Beclde whe willbe admitted to practic 4 Discipline, suspend or disbar any unfit and Lunworthy member ofthe bar, Reinstate any disbarred’ or indefinitely suspendad aitomey; ‘Ordain the integration of the Phiippine Bor, Bunish. for: contempt any perscn for ‘unauthorized practice of law; Exercise overall supervision of the tegal brofession; and Exercise any other power as may pe Necessary to elovate the standard: of the bar and preserve its integrity Who May Practice Law? ‘Any person heretofore duly admitted as 3 momber of the bar, oF hereafter admitted as such in accordanes with the provisions of this 1ule, aiid who Is In good and reyular starding, is entitled to Practice lew (Soc. 1, Rule 138 RRC) gar Hieba College of Laty eae Requirements before ¥ Candidate Cun Engage In the Practice of Law (1997 2004, 2008, 2008 BAR EXAMS) A. inital Requirements: Admission to the Bar 1. Citizen of the Philippines; 2. Atleast 21 years of age; 3. Of good rinral character; 4. Resident of the Philippines; 5, Must produce before the SC satisfactory evidence of good moral character: 6, No charges against him, invclving morat turpitude, have been fled or are ponding In any court in the Philippines (Sec. 2, Rule 138 RRO); 7. Must have complied withthe academic: requirements; 8. Pass the bar examinations; 9. Take the Lawyer's Oath; and 10, Sign the Roll af Attorneys 8. Continuing Requiremiente: Good and Regular Standirg ‘Membership in the jaP Pay the IBP dues Pay the PTR Coinply with the MCLE Requirement of Good Mora! Character: eesens A continuing requirement, good moral charadter, is ant-nor oriy” 3, condtion precedent, for the admission to the legal Brofession, but it must also remain intact in order to maintain one's good standing in that exclusive end honored fratemity (Tepucer v. Tepucar AC. No. 4448. July 20, 4998) Appoarance of Non- Lawyer In Court (1999, Brees ea 2 lav ep Berger nace MD cs.gan Paeds College of Lato ‘Bar ls NOT available, *he judge may appoint » novmlawyer wha. 8, resident of that province; of gocd repute for probity and abilty to defend the accused (Sec. 7, Rule 116 RRC). 4. Stident Praciloe Rule ~ & law student who has successfully completed his 3" year of the + Tegular four-year prescribed law curriculum ‘and ie enfolied in. racognized law school’s iinical legal education program approved by the SC ~ may appear, without cor pensation, {im any clil, criminal ‘or adminisirative case before any’ trial court, tribunal, board or officer. to represent indigent clients accepted by the Legal Clinic of the law schoot. (Sec. 1, Ruia 138-A) The sludent shell be under the direct supervision and control of a member of ‘the (BP duly,acereditod by the law school if he ‘appears in- the RTC and without such supervision If he appears in an inferior Sourt (Seo. 2, Rule 138-A) (2008 BAR EXAMS). Before the NLRC — non-lewyers may apnear before the NLRC or any Labor Arbiter if they: ‘a. reprosert themselves; b. represent thelr organization or members thereof (Art..222, PD 442, Labor Codo) (2002 BAR EXAMS). 6.., Before @ Cadastral Court — @ non-tawyer may represent a claimant before the Cadastral Court (See, 9, Act. No, 2269). 7. Any person appointed to sappear for the ‘government of the Philippines in accordance with law (See. 93, Rule 198 RRO) Umitations..on Appearance of Non-Lawyere ~ Before the Courts, 1..-He should confine his vork to nor-adversary ‘contentions: He should not undertake purely egal work, such as the, examination or cross: ‘examination of witnesses, of the presentation of evidence. 2. His services’..should not be tabitually tendered... 3,:He should ‘not charge or collect’ ettorney's "L-23059, November 1974) cit Cases An inl fiigant he, ‘re ‘ight te ‘onduct hs tigation persohaly Criminat’ Cases!’ in. grave: and’ tess" grave © offenses, ah accused ¥v.ho Is .@ layman must always eppear hy counsel; he CANNOT conduct fis own defensé, as his right to counsel may NOT 'b0 'walvod without violating “hls ‘right to due Process of law, fee (PAFLU v..Binalbagan (sabelu‘Sugar Cn, . Even the most intetigeht of educated men may ‘have no skill in the sclenos-of the law, particularly In the rules of procedure and without counsel; he may be convicted not because he Is guilty but because he does not know how to establish his innocence. Where an ecoused was not duly fepresented by a member of the bar during ial, the Judgment should be set aside, and the case Temanded to the trial court fot a new tial (People v, Santociides, Jr. G.R. No, 109149, December 1999). By a Juridical Person: 4 juridleal person must atvays appear in cout twough @ duly licensed member of the bar, exceat insthe municipal iit court where it may be represd ae aby ifs agent or officer who need NOT be: ala «+ Paine wha notdaier is VOI Fn the formation of partnership for. the practice of law, no person should be admitted or held out as a practitioner, of member who Is not a member ot the’ tsgal profession duly authorized to practice,’ and amenable to professional discipline. May a Corporation Practice Law? (1085 BAR EXAMS) NO. It's @ woll-seltied rule that a corporation canrot engage In the practice ct law. it may, however, hire an allorey to attend to_and Conduct its own legal busineus or affairs, But It cannot practice law directly or. indirectly by ‘employing 2 lawver to practice for itor to appear {or others for its benoft Reasons: Waluto ofthe. prilogo. ond on. the MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 3.4 [2009 CENTRALIZED BAR OPERATIONS Who Are Authorized to Reprosont the Government? Any offc'al or other person appointed or dosignated in accurdance with law to appear for the Government of the Philippines or any of is officials shall have all the sights of @ duly authorized member of the bar ‘o appear in any case in which sald government has an interest, direct oF infrect (Soc. 33, Rule 138). Rules on Public offiglats regarding the Practice of law (1990 BAR EXAMS) ms ‘A. Pubilo Officials Who CANNOT Practice Law in the Philppinos 1. Judges und other officials or employees Of the superior court; (Sec. 36, Rule 138 RRC) 2. Officials and employees of ra Otfica cf the Solicitor General (Sec. <5, Rule 128 RRO): 3. Goverment Prosecutors (1992 BAR EXAMS) 4. President, Vice-President, members of the Cabinet, their deputies and assistants, (Sec. 13, Art. Vil, Constitution): Chairmen and members. of. the Constitutional Commissiuns (Soc. 2, art 1X, Constitution 8 Ombudsman and his deputies; 7 Governors, city and municipal. mayors; and 8, Those who, by special lav, are prohitited frora engaging In the fractico of thei legal profession. 8. Public Officials RESTRICTED iv tho Practice of Law 4. Sonators and Members of tho House of Representatives (Sec 4 Ant. Vi, Conatitution); Members of the Sanggunian: Retired Justixe or Judge; and Civil Service officers” or . employees (whose duty ves not require his entire time to bo*et thy asposal of the government) without permit from their respective depertment heads. HOWEVER, public officials’ who, by exwfess mandate of the law” ate Prohibited from practicing law, may not, even with the cunsent of the department higad concemed, engage in the practice ‘of frw. (Noriaga’ v. Sison A.C. No.2266, October 1983). San Beda College of Law Restrictions in the Practica of aw on Mombers of the Legislature (1996 BAR EXAMS) + A lawyer-member of the legisiature 19 Prohibited from acpearing as. counsel befora any courts of justice, electoral tribunals or quashyudicial and administrative — tedies, ~The’ word “eppeatance” includes not only arguing ‘case before any such body but also filing @ pleading on behalf of @ allent as “by simply filing a formal motion, plea or answer’ (Rames v.Manalac 89 Phi! 27). + Nelther’can he allow his name to appear In such pleading by itself or as part of a fem name under tre signature of another Qualified lawyer because the signature of an egent amounts to a signing of a ncn Qualiied senator or congressman, the office of an attorney being originally of agency, and because he wil: by such act, be appearing in cut or questjudicial or adminisirative body in violation of the Constitutional rasircion, “He cannot do indirectly what the Constitution prohibits ‘Arectiy" (In ro: Davet 93 Phil 461). Restrictions fa tho Practica of Law on Moinbers 0: the Sanggunian ($20. 90, RA 7160 Local Government Code) (1992, 2090 EAR EXAMS) ‘They shall not 1. Appear 2s counsel before any court in ‘any civil case wherein a local government unit or any ofilve, agency or Instrumentatity of the government is the ‘adverse party; 2 -Any ‘f criminal case : Riiplovee of tha a of on Sfidake Gi Athen cae ff seogguniang Frovinces; the citySin Beha College of Law. 4. 2. mayor, the city vice mayor and the members of the _sangguniang pantungsod tor citles; the municipal mayol, the muninipa! vice mayor and the members of the sangguniaig bayan. for. municipalities and the punonig barangay, the members of the sangguniang barongay and th> members of the sangguniang Kabataan for. barangays...\While, as already discussed, certain loca! slective “officials (like governors, mayors, provincial board members and councilors) are. exprassly subjected 0 8. total or partial proscription to’ practice their profession . or | sngaga in any ‘eccupation, no, such interdiction is made, on the punong barangay. and the members o: the songguniang barangay. Bipressio unius ast exclusio alterius,. Since they aie ‘excuded from any prohibi! presumption Is that they are allowed to practice thelr profession.. However, he should have procured prior permission or authorization trom the head of his Depar'ment, as required’ by ‘the Civil Service Regulations. (Witredo Catu vs. Ally. Vicente Reliosa, A.C, No, 5738, February 19, 2008) > Restrictions in the Pracice of Law on Retiod dustices/Judges; As @ condition of the pension provided unde: R.A. 910, no retiring Justice or judge of @ court of record or ehy city ‘of municipality judge during the time that he is feceiving’ sald pension shail appear. Rs ‘counsel Before any court ‘Any 401, 2002, 2005 BAR EXAMS) es a 2 it = Han Beda College of Law Duty of Counsel ce Oficia: A course! de ofcio is expectes to render effective service and to exert his best efforts on behelf of an indige:t ‘accused. He has a8 high a duty to a poor Iigant #8 10 a paying client. He should have a bigger ‘lose of social conscience and a litle ess of self, terest (1991, 1993, 1994, 1996, 1998, 2007 002, 7004 BAR EXAMS). Role of Private Prosecutor: A private prosecutor may intervane tv the prosecution of @ ctiminal action when the offended: party is entiled to ‘rdeinnity and nas not waived expressly, reserved oF nstituled te civil actior far damages. ‘Al crimina’ actions’ commenced by complaint or ‘nfonnation shall be" prosecuted. under the ‘lrection and control of the prosecutér. In case of heavy work schedule of tre publie.prosecutor or in the event of tack of public prosecutors, the private prosecutor may be authorized in writing by ne Chief of the Prosecution Office or the Regional Stele Prosecutor to prosecute the case subject to the approval of the Court Once so ‘aunonzed Yo prosecute the criminal action. the bevate prasecitor shall continue to prosecute tne ‘case up to the and of the tat even in the absence of a public prosecutor, unless the authonty: is evoked or otherwige withdrawn (See. 5, Rulo 110 RRC es amended, May 1, 2002). THE LAWYER'S OATH (+991, 2003, 2008 BAR (AMS) ——» ¢0 solemnly swear that | wii allegiance {© ‘he “Republic of re Philippines; { will suppor its Gonstitution and obey ‘he lews a8 well as the legal orcers of the diy onstiuted authophiegrtherrig; twill do. no roundless, falee ge-an i sent to:the same; | will delay, or ‘ilies and“wif Sonduektny Eile. Ah i i peu brding fo Ue bet pee, ood a ‘at all tmegch sworn prombsdihes vi lawyer's oath. it Wiylawyars conducted themsaives strictly accordin} to the lawyer's onth,San Weds College of Faby and the Code of Professiinal Responsiblily, the ‘administration of justice wall undoubtedly be fairer, faster, and easier for ever/one corcerned (ini re AIC. Argosino, B.M. No, 742, March 19, 1997). By taking the lawyer's oath, a lawyer becomes guardian of truth and the rule of law and on indispensable instrument In tha fair and impartial administration of justice. Good moral character Incluaes, at least, common honesty. Deception and olfier fraudulen: acts are not. merely unacceptable practices that are disuraceful and dishonorable; they reveal a basic moral fan (Olbes v. Deciombre, A.C. No, 6368, April 2005) TERMS TO REMEMBER Amicus Curiae'~ is an experienced and impartial ‘attorney invited by the cont to appear and help I the disposition’ of the issiras submited to i. It implies flendly intervention of couneel t9 cal the attention of tne. court to some matters of law 3¢ facta which might otherwise escape its notice end in regard ta whieh tt might go wrong. An amicus curiae appears In coun not to represent auy ppariovlar party but only to assist the court (Plural: ‘Amiel Curiae} (1993, 1998, 1998 BAR EXAMS) Amicus Curiae par excellence ~ isa bar association who appear in court as amicus curise or a fiend of the court It acts merely as a consultant fo guide the. court in a doubtful question or issue pending before’ Assumpsit ("he has undertaken," from latin. assumere) = is an action for the tecovery: of damages by reason ‘of: the. breach’.oF' non- performance of « simple contract, elther. express ‘or implied, and whether mace orally or in writing. ‘Assumesit was the word always used in pleadings by the plain to set forh the defendant's’ undertaking of promise; hance the name of the action. Claims In-‘aclions -of assumpsit. were orainaiily divided into (2) comrnon cr indebita'us assumpsit, brought usually on an implied promise, and (b) special assumpsit, founded on an axpress, Sromise (2008 BAR EXAMS)... 9° 119 Aitomey ed foc’ is a pérson named appointed by the sour to defend an ebsontee defendant in the sultin which the appalntment is made, >< Attorney-at-L.aw'~'}s:that class of persons who are licensed officers of the courts empowered io appear. prosecute ‘and defend, and. upon. whom peculio” duties, responsiblties' and liebiities are developed by law as a consequence, Attorney in fact ~ is simply an agent whose authority is strictly imited ty the: instrument MEMORY AIO INU LEGAL ECHICS AND PRACTICAL EXERCISE «asset aa ral “yp eet ee iat is ‘appeinting him. His puleity is provided ino spacial power of attorney or general power of attorney oF letter of attorney. He ig not necessarily lawyer, 7 Attorney of record ~ 16 tha attomey whose namo {s entered in the records of an action or suit as the lawyer of a designated parly thereto (1998 BAR. EXAMS). Bar and Bench ~ "Bar refers to the whole body of attorneys and counsels eollecively, to the fuembers of tha Ingal profession, “Bench denotes, the whole body of judges Bar Associatior -- is an association of members. of tho legal profession Mb tho (BP where, memberst ps integrated or cmpulsory: Client ~ is One who engages the services of a lawyer for legal advice or for purposes’ ot prosecuing or defending @ ‘suit in behalf and ‘usually for a fee. Ccunsel/Attomey da ollélo ~ is an attomey appointed by the courl 10 defend ‘an: indigent detendant ina criminal acon, Ina criminal action, i the defendant appears without an atorney, he must bo mleeee by the court that Its his Aght te have en attome} before being arraigned and must be abked Fe desires the ald of an altomey. ithe desires ‘and is unable to employ an attomey, the eourt must assign’ a counsa! do oficio to’ defend him, He Is also designated ag counsel of indigent litigants. ‘The appointment . of & counsel de oficio In that Instance Is 3, matter of ight on the patt ofthe defendant, Je shown! hy, thonterth the it of the al eu 8 eaten ite i uaa Counsel ~fye eeaigel on ether side ofa who Is charged with the principal:[2009 CENTRALIZED BAR OPERATIONS ‘management and direction of @ party's case, ae distingulshed from his juniors oF subordinates, Of Counsel ~is an experienced tawyer, usually a ‘etiyed member of the judiciary, employed by-lavr firms a8 consultants, Practicing Lawyer ~ is ore engaged in the practice of law who by license is an affcer of the court and who is empowered ‘6 appear, prosscute and defend a client's cause (2006 BAR EXAMS). Pro Se — is an appearance by a lawyer in his own behalt (1995 BAR EXAMS). Trial Lawyer ~ is. one who personally handles casas in court; administrative agencies or toards ‘and engages in actual tial work, either for the Prosecution oF for the defense of cases of clients (2006 BAR EXAMS), THE CODE, OF | i Bais Mid CHAPTER |: THE LAWYER AND SOCIETY Ganona 1-6 1, Uphold the Constitution and gboy the laws of the lang 2, Make lugai services. availablo In an effcient ‘and convenient manner 3. Use of rua, nones:, swir. dignified and objective information in making known legal services 4, Participate in the improvement of the leg: system 5. Keep abreast of legal development ang Participate in continuing legal education Program and. assist. in disseminating Information “regarding the law and jurisprudence 6. Applicability ofthe GPR to lawyers in the government setvice CHAPTER Ul: THE LAWYER AND THE LEGAL PROFESSION Canon 7-9 7. Atall times uphold the integrity and signity of {he Profession and support the activities of the IBP 8. Conduct himself with courtesy, iawness ane ‘ander toward’ his calleaga’s and avoid harassing tactics 9. Nol to directly or indirectly as: ‘unautorize practics of law in the Pan Beda College of Law a College of Lato CHAPMER Wk THE LAWYER AND THE courts. Canons 10 - 13 10, Owes candor, faiess and good faith to the court : 11, Observe and maintain the respect due courts and judicial officers 12, Duty to assist in tho: speedy and efficient administration of justice 13, Rely upon the merits: of his cause, refrain from any improprely which tends to influence courts, or give the appearance of influencing the court CHAPTER IV: THE LAWYER AND THE CLIENT Canons 14 - 22 14, Not to refuse his se-vices to the naedy 16, Observe candor, tarness and loyalty in alt his dealings and transactions wite chents 16. Hols in trust all the moneysyand property of his client that may come to his:possession 17, Owes fidelity to cllents cause -and be mindful of the trust and conttdence reposed in hirn 418, Seiva client with competence and diligence 19, Represent siient with zeal ena within the bounds of law 20. Chaige cniv fair and reasonable fers 21. Preserve the confidence and secrets of client even afer the alty.client relation is terminated 22, Withdraw sérvices only for good cause and upon notice LAWYER AND THE SOCIETY Canon 4: Uphold the Constitution, obey the laws of the land and promote respect for law and logul processes (1993, 1994, 1998, 2901 BAR EXAMS) cosas tshnauiniane Rule’ 1.04838 in engage in lawful, “oishonest,Ininidrabor dec \duuct (1993. BAR:EKAME).¢, = s sap sh felt. a actor omisaio® waketité Rebarry to ‘aie By defiilon ary at ayandgaion Rpbrary to law aniowiul, 1 dooesigl de iy the clomid of cx gniity gitioagh 1 nh tu in A fngs, the, presage Fi the Rabo! ihe lawyer ig notagganti bing Hbyact oro ssi Wig tore We Report i Condoiey cn. the Bo Rowubls "9, Mee, P Dishorto8t/act crying er c SIG eee Immoral St giles tal -+ San Beda College of Lew Moral “urpitude - impos ‘an.act of baseness, wleness or depravity in the duties: which one person owes to another or to society in. genaral which is contrary to the usually accepted and customary tule of right and duty which 2 person, ‘should follow (1992, 1993, 1997, 2004 BAR EXAMS). E.g. murder, estafa, rape, violation of BP 22,, bribery, bigamy, adultery, seduction, abduction, concubinage, smuggling. ‘+ When laviyers are convicted of frustrated homicide, the attending circumstances, ‘not the mere fact of their conviction would derhonstrate thelr finess to remain in the legal profession (Soriano v. Dizon, A.C. No. 6792, January 25, 2006). © The word “conduct” also refers to any miisconduet although no: connected with his professional duties that would show him t6'be unfit for the office and unwerthy of the privileges which his license and the law confer upon him (Orbe v. Adaza, A.C. ‘No, 5252, May 2004). Rule 1.02 - A lawyer shail not counsel or abet ‘activities aimed at defiance of the law or at Jess.uiing confidence in the legal system (1994, 1996 BAR EXAMS): A lanyor should not promote nor hold an, ‘organization known to be violating the law nor assist it in a sctteme which Ys dishones!. Ho should not allow his éervices to be engaged bi ganization whose members are violating the law and defend them should they get caught. Rule 1.03 - A lawyer sirall not, for any corruot motive or Interest, encourage any sult: or proceacing or delay any man's cause, Crime of Mointonarice ~. lawyer owes to satiety and to the court the. duty not to stir ip Wigation, The folowing are. unprofessional sets. within tha prohibition: ' AAT Volunteering advice to bring tawsut eicept ‘where ties‘ of blood, relationship, nu trust maka it a dty to do €0: 2. Hunting up detects in ites or other causes of action and Informing thereat to he.employed fo bring suit,or collect jurgment; of to breed gation by ‘seeking out claims Yor personal injuries or ary other grcunds to sccute them as cients)* 3.07 Eniploying:" gents or. :Aunners for ke purposes; 4. Paying ditect or inditéct reward to those who bring or influence the bringing of such cases to his office: MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES) 9 5. Soarching fo ‘unkniwn helrs and solicting their emplovn.ent of Hi 6. Intiatiag a meeting of @ club and Inducing them to organize .and contest legislation under his guidance; and 7. Purchasing notes to collect them by litigation at a proft. A lawyer. shall fefrain from commiting berratry ‘and ambulance chasing of cases. Barratry ~- is an offense of frequently incting and stiring up quarrels and sults. tis the tawyer's act of fomenting suils among individuals and offering his legal services to ore of them (1903 BAR EXAMS), se Sid Ambulance Chasing = \s a lawyer's act of chasing the vicinis of an accidentHor the purpose of talking to the same victin of the latter's relatives and offering his legal services for the filng of the case against the person who caused the accident (1983 BAR EXAMS), . ‘Ambulance Chaser ~ Is a lawyer who haunts hospitals and visits the homes of the afflicted, officiously intruding » thelr presence and persistently offing hs service on the basis of a contingent. + Ambulance chasing has spawned recognized evils such as (FSMD): ” +4. Fornenting ef titigation with resulting ‘burdens on the courts and the public; 2. Subornation of perjury: 3, Mulcting of inhocent persons by judgments, upon manufactured ‘causos of action! and 4, Detrauding of injured persons having a a Se : This rule ria: “ swyer the affirmative duty to check useless litigations, willful violation of10 |2009 CENTRALIZED BAR OPERATIONS which may subject him to appropriate disciplinary action or render him liable for costs of litigation. If a lawyer is honestly convinced of the futily ot ar ‘appeal ina civil suit he should not hesitate to inform his disappointed client that most likely the Verdict would be altered, | Canon 2: Make Available Efficient Legal Service (1990 BAR EXAMS) Rule 2.01 « A lawyer shall not rojecr, except for valid reasons, the causo of the -Mlosingi ert “any Pater’) sAcoording America «Bia, ABSQal “platen, hs ie ‘ i beans gency ean prone ony ‘lofog ab 7314 |2009 CENTRALIZED BAR OPERATIONS THE LAWYER'S: DUTIES. TO THE LEGAL PROFESSION © 3 ss Canon 7: Uphold she Intagrty and Dignity of tha Profession: and support the activities: of tho IBP areas Indeed, “aaa “eaha aig aj the. taw Poca in ao lng he! crags ial : od cuaraceg lyf the, lea! ‘profession » (ified war “Ally, -Vicunte ‘Relosa, 4c. No, 6738 32 Fae 19 2008).28: Rule 7.01 A day Sel bo ‘aisiverablo for Knowingly ‘maklag a falge’ statement or ‘supprossing a material fact Ia connection with. ‘his application for admiss(on tothe bar (1935, "1997, 2004, 2005 BAR EXAMS] ‘The concent of d-aitanay in hie applaton to take the bar 4xaris:bf the fact that he had been charged with of indloted: for'an ‘alleged: crima is Jround for. HE pangs 19 piacice IE ees Rusle'7.02 ~ A; lawyar' shall not. suport ‘ino application for admission jo the Lar of any person known by ‘him’ io''he. unqualified In ragnect to liaracter, education, or other rofavant attribute. Rule 7.03 = A lawyer''shall_n3t engage: in conduct that adversely ‘reflects on his ‘itness to practice lau, tior shall he, whether in public or private life, béhave'in'a scandalous manner. to the discredit of the legal profession (2004 BAR EXAMS). While it has been ‘veld in-disbarment casos that the mate fact of ‘sexual falations Dewween two unmartiad adults’is, not "sufficient to warrant ‘administrative sanction for euch ili behavior, st 's no go wth reaper to: betrayal a the mora Vow of fidelity! ver! If not all: forme ‘of extra: ‘marital relations arc punishable under prnal tow, sexual relations oulgide mariage’ Is considied disgraceful and immeral ae it manifosts deiborata disregard of the sanctity’ of martiage and the marital vows protected by the Consttuion and affirmed by our laws (Vitug v. Rongcal A.C. No. 6313 September 2006), (2008 BAR Ex «..i9) Counsat's act of fig multiple'comp aints against Rerein complaine ts reflects oh'his fitress fo be @ member of the legal profession, His act evinces vindictiveness, a decidedly “undesirable trait wheter ina! tawyer or ‘another individual, as complainants were instrumental in respondent's, iF San Bede College of Law dismissal rom ihe judiciary.” (Saburnido v. Madron A.C. No, 4497, Sptember 2091) Canon 8: Observe ‘courtesy, falmess and candor teward hie colleagues and, avoid harcssing tactics." 7 Rule; 0.01 ~" A. lawyer shall not’ tn. :nis'? Brofeasional dealings, use,languate whlch, is ‘abusivo, offensive or otherwise Improper: oN ‘Some instances of Disrespeciful Language»; 1. Calegorizes. the SC decision: as. falae” erroreciis and ilegal (Suo v, Clonal A.M. /5-RTC, July 2063); 2. Cescription “of judges: attlude. as “unjust, hnosi, vineltive and éangeroys" (Come v. Wutge Tan 85 Phil 772), 5. Gating an adverse cnunsel a8 bobc or slag the word “ay’ quo bobo" 9 fefprence to: the manner of offering -evidenogys(Castilo -v. Padila Jr A.M, No. 29:9, Februgry 1984); 4. Stating that justice is bind ang algo “deat and dumb” (in re: Almacen, L-27654, February 1970). oh : Altribiting to the SO acts of dismissing kidges ‘without thyme end reason" and disbaninu lawyers. “without due. process” (Zaldvar. Gonzalez G.A, 79690: 707, February 1959): and 6. Any other snaldgous cases: + Any undue illfeeling tetween clients shoul3 hot influence counsels jn-thelr conduct and? demeanor toward each other. While lawyers ‘owe elire devotion te tne interests of their clents, their office does ret permit violation of the laws cr any manner of wraud or chicanery (ayes v. Chiong, Je, AC, No, 5148, Jaly 2003) yymont of natin, ic oF any nega i ta hoe bea ie eee Roun ao ahi substitute If such conformly cannct be had, heeda College of HLaty ‘should at least give sufficient notice to such lawyer of the contemplatec substitution, Canon &: Prevent unautliurized practice of kaw (1992," 1998, 1907, 2000, 2068, 2008 BAK EXAMS) Purpose: To frotect tie public, the court, the client and the ber from the incompetence or dishonesty of those unlicensed to practice law ‘and not eubject to the disciplinary control of the court, ‘A lawyer is prohibited from allowing an intermediary to intervene in the performence of his professionat obligation, The lawyer's relation to the client is-personat and his responsibilty is direct to the client At the hearing, the responcent admitted that the letterhe 4 of Crisia-Tenorio Law Office listed Felicisime R, Tenorlo, Jr., Gerardo A. Panghulan, and Maricris D. Battung a3 senior partners. She admitted that the first two are not lawyers but paralaga's. They are listed in the letterhead of her law office as senior partners because they hav> investments in ter law office. That is a blatant misrepresentation. (Cambaliza vs. Atty. Cristal- Tenorio. Adm, G2se No. 6299, July 14, 2004) Rule 9.01.- A lawyer shail not delegate to eny unqualified person the performance of any task which by law may ory be performed by a member of the bar in goos standing. Rule 9.92 - A lawyer shall not divide cr stipulate to divide a fee for legal services with persons not licensed to practice lew, EXCEPT: 4. Whare there Is a preexisting agrzeniont with @ eartnet or associate that, upon the latter’? death, money shall be paid over a reasonebie peitod of time to his estets or to persons specified in the agreement; or 2..Where a lawyer undertakes to complete unfinished legal. business of a docoused tawyer; or 3. Whore a lawyer of law firm Inchidus non- Jawyer employees ina retiremnt plan, even if the plan fz based in whole or in part, on & profitesharing egroemert. ‘The “frst. and “Second ‘excaptions to the ruls, atricly speaking, represent compensation foi Tegal services rendered by the deceased lawyer during’his lifetime, which is peld to his estale or heirs. Note: Iinpropriety arises where the effest of the arrangement is to make tne estate or helr a MEMORY AID IN LEGAI_ETHICS AND PRACTICAL EXERCISES] 15 member of ihe partne'stip along. with the surviving pariners, o where the estate or heir is to receive a percentage of the fees that may paid from future business of the deceased lawyer's cliénte, The thid,-stricty-epeaking, '8 not @ division of feaal fees but a pension representing deferred ‘wages for the employees’ past services. The statutory rule thal an attomey shall be entitied to have and recover from. his client a teasonab'e compensation for his services necessarily Imports the existence of an attorn client relationship as a ceniltion for the recovery of atlomey's fees, and. auch gplationship cannot exist unles: the clant’s represdiative is a lawyer. LAWYER'S DUTIES TO. THE ROURT Ganon 10: Observe Candor, Fairness and ‘Good Faith to the courte (1864 BAR EXAMS) Rule 10.01 - A’ lawyer shall not do. any falsehood, nur consont to the doing of any in court; nor shail he misiead, or allow the Court {0 be misled by any artifice. A lawyer must be a diseple of truth, He should bear in inind that as an officer of the court his high vocation is to correctly invorm the court upon the 'aw and the facts of the case and to aid itn doing justice and arriving at cofrect conciusion. The courts on the other hand are entitled to expect only complete honesty ffom lawyers appearing ‘ond pleading before them, While a lawyer has tha solemn duty fo defen *'s clghts cause, his conduct must never be at the expense of truth (Young v. Batuegas, A.C. 5379, May 2003) Requremehise Ga apa tl Rot16 |2009 CENTRALIZED BAR OPETATIONS Rule 10.92 + A lawyer shall nct knowingy ‘misquote or misrepresent the contents of @ paper, the language or tho srgument 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 | 10 BAR EXAMS). Thoy deliberately made the quote from the SCRA syllabus appear as the words of the Supreme Court, We admonish them for what is al the least Patent carelessness, If not an outrignt attempt :o Mislead the parties and. the courts taki'g cognizance to insubordination (Allied! Banking Corporation v. CA and Galeikta GR. No. 144412, Nevember 2003). ‘A iawyar’s conduét before the court should be characterized. by'. candor and {aimess, The ‘administration uf justice would gravely suffer if lawyers do not act wilh completa candor end honesty betore: the courts. (Svvana_v. Sandiganbayn, G.R. No, 152059, January 22, 22008), Rule 10.03 - A lawyer shall observe the rules of procedure and shall nat misuse them to dofeat the ends of justice. The aim of the lawsuit is to render justice to the parties according to law. Procedural rules are precisely designed to accomplish suci a worthy objective. Necessarily therefore, any attempt to porvert the ens for which they are intende deserves condemnation (Aguinalky v Aguinaldo L- 30362, November 1970), Filing multiple actions constitutes an abuse of the Court's processes. It constitutes improper coruct oat tends to impede, obstruct and degrade justice. Thos2 who file multiple or repetitive actions subject themselves to disciplinary action for incompetence or wilful violation of their Cuties. a8 attorneys to act with all good fidelity to the courts, and to maintain only such achons that appear to be just and consistent will, truth and honor (Pahlo R. Olivares vlc. vs. Ally. Arsenio Vilaion, Jr, A.C. No, 6323, April 13, 2007). Canon 11: Observe respect due to the Courts (1906 BAR EXAMS) All lawyers are expected recognize the authority of the Supreme Count and abey its lawl processes and orders. Despite ecrors which one may Impute on the orders of the Gout, these must be respected, especially ty the bar or the lawyers who are themselves officers of the courts we sfanan 1 FUNG CBR meadateettiat the lawyer Ban Beda College of Lav (Yap-Paras vs. Atty. Paras A.C. No. 4947, June 7, 2007). Respondent also violated Canon 11 of for his disrespect of tne court and iis officer when he stated that Judge Tan nes ignorant of the 'aw, that ar a mahjong aficirnado, he was studying ‘mahjong Instead of studying ta, and that he was a. ilar, (Re: Susponsion of Atty. Rogelio Z. Bagabuyo, Former Sanix: State Prosecutor, A.C. No. 7008, Octover9, 2007). Rule 11.01°- A Jawyer shall eppear in court properly attired.” Rule 11.02 - A lawyer shall punctually appear et court hearings. Ruls 14.03 + A lawyer shall abstain trom scandatous, offensive or inenacing language 7 behavior before the Courts. Rule 11.04 + A lawyer shail not attribute to @ Judge motives ot supported by the record or have no materiality to the case (1997 BAR EXAMS). Respondent ought to be aware that if a court oficial “or employee or a lawyer is to be discipined, the evidence against him should be substatfal, comhpetent and derived from direct ‘knowledge, nol 09 mere allegations, conjeciutes, suippostions,.. or on the “basis of hetsay (Corvantes vs. Ally, Sabio, A.C, No. 7828, August +1, 2008). Rule 11.05 - A lawyer shall submit grievances against a Judye te the proper authorities only (199 LAR EXAMS). “SAO ig wid observe" and insiftaln tha Mespect 2 couns and judicial officers and In conduct by otters, in ‘liberally, i mn gesting Leas a cevions motes and questo the i ity wer the te role oe enly ch ers moe ase, ond cifen bid Eyifado. v. 3. Pap bay, 1G.R. SES: Wovember RD ey i ourts nt does veo oY and crmcizeSan Beda College of Law MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES) 17, + However, what he can ordinarily say againat a concluded Itigation and the manner the jude handed down the decision therein may not generally br Said to @ panding action. The court. na Pending litigation, must be shielded fiom embarrassment or influence in its all important duty of deciding the case. On the otner” hand, once tigation Is concluded the judge who. decided it Is Subject to the same criticism as any other public official because then his. ruling becomes public property and, Is thrown ‘open to public consumy * But it Is the cardinal condition of all suciy eritielem that it shall be bona. fide, and shall (ot spill over the walls of decency and propriety (Zaldivar v. Gonzalo, supra} (1997 BAR EXAMS). Canon 12: Assist In the speedy and officient administration of Justice (1291, 1994, 19°6, 2003 AR EXAMS) All persons shall have tne righ! to'a speerty disposition of their cases before all judicial, qu judicial, or administrative bodies (Art 1, Se Constitution). 16 The fling of another action cenceming the same subject matter, in violation of the doctrine of res judicata, runs contrary to Ganon 12 of the Code of Professional Responsibilly, which requires a lawyer to exert every efirt and consider It his duty to assist in the speedy and affciont administration of justice, By his actvations, respondent also violated Rule 12.02 and Rule 42.04 of the Code, an well as a lawyor's mandate “to delay no man for money or malice.” (John Siy Lim vs. Atty.: Carmelo A’ Montano, A.C. No, 5653; February 27, 2006) Rule 12.01 - A lawyer shut! not appear for trial unless he has adequately prepared humself on the law and the facts of fis casc, the evidorice he wil! adduce and the order of its profference, He should a’so be ready with the original documents for comparison with tho copies, Rule 12.02.» A lawyer. shell not file muitisto actions -arlsing from the. same cause (1031, 1997, 1998, 2002 BAR EXAMS). Forum Shopping ~ is the ‘act of fing repattious suits in different courts, it Is committed through the following: 4. Going from one coli 16 another in the hope of securing a favorable relief In one cour, ‘which enother court has denied; 2 Filing repetitious suits of procesdings in diferent courte concerning the sane subject metter after one court has decided the sult with finality; or 3. Filing a similar case In a judicial court after receiving an unfavorable judgraent from an administrative trbuna’ + Forum shopping is prohibited by Supreme Court Circular No. 28-91, which Is now invegrated in Sec. § Rule 7 of the 1897 Rules of Civil Procecure, and the corresponding. ‘penilties for violation thereof are as follows!” 1 Failue i démply with the requirements still not be curable by mere amendment of the complaint or other initlatory pleading hut shall be cause for dismissal of the case wathout prljwice, vnless otherwise provided, upon motiot. and after hearing The submiasion ofa false cartfcation or non-compliance with any of the Undertakings therein shall constitute indirect coniempt of cout, without prejudice to the corresponding Administrative and oriminal actions, and 3. if the rots of the party or his counsel clecily consttute wilful end deliberate forum shopping, the same shall be ground for. summary dismissal with Drojudice end stall constitute direct contempt, as well as @ cause for administrate sarctions. coe aati _ ute 12.09 s)awyok shalt hot ater obtaining onsions ‘or tine" to" He; “pleadiags, "hiBmoranda or brieféztiebidne periog 9 ftout sutmiting. tho seme or of caalgron for is air fo 8 age Bie 1718 [2009 CENTRALIZED BAR OPERATIONS Petioner’s counsel should have been wary that ha was fing the 16° motion for exiension, containing substinllaly the same reasons as nis former motions, and that the court had already given him latitude of more than 200 days to fle bie appeal memorenduinibrief. Tt dismissal of the appeal cen only be atinouted to counsel's negligence (Ang vs. Or, Gragede, GR. No. 166239, Juno 8, 2006). Rule 12.04 - A lawyer shall not unduly delay @ ease, Impede the execution of x :udgment or misuse Court processes, ‘Once a judgment becomes final an! executory, the prevailing party should not be denied the fruits of his victory by some subterfuge duvised by the losing party. Unjustified dalay in the enforcement of a judgment sets at naught the role ct courts in disposing justiciable controversies wit) finality ‘Aguilar vs. Manile Banking Corpaition, G.R. No. 157911, Sept. 19, 2006). Rule 12.05 - A lawyor shall refrains from talking (o fils witness during a break or recess in the trial, while the witness is. still under ‘examination. Rule 12.06 - A lawyar shall not knowingly assist & witness to misroysresent finsell or {0 impersonate another. Rule 12.07 - A lawyer shall sot abuse, browbeut or harass a witness nor noealessly Inconvenience him, IUwas high’ inconsiderate tor the prosecutor and, the defense counsel to trade quips at the precise time Rowena wes re!.ns her’ harrowing experience. Courts are looked up to by the people with high respect and are regarded as places whore iitigants are heard, rights and conficts are settled and justice sclemnly dispensed. Levity hac tno place in the courtroom during the examination of the victim of ‘tape, and particularly at her expense (Poople'v. Nuguid GA Wo. 148991, January 2004). Testtying in behalf of tha Client: Rule 12.08 - A lawyer shell avoid testifying in behait of his client, except: 1. On format miatters, uch asthe mailing, authentication or custody of aa Instrument, and the like; or 2. On substantial matters, in cases where His testimony is arsential to the ends of Justice, in which event he must, ynerust tho tial casu teuding, (9. arausequblig opinion for or AGEKAMS) be RADE Tir OSes a san Weds Coltege of Law Canon 13: Avoid impropriety that tends to Influence the court (1994, 1997, 2000, 2091, 4003 BAR EXAMS) ‘A lawyer shall rely upon the merits of his cause and refrain trom any impropriety which tends to Influence, or gives the appearance of influencing the court The propriety of granting or denying the instant Fetitinn involve “the, weighing out of the constitutional guarantees of freedom of the press: ‘and the right 10 public information, onthe one hhand, and the fundamental rights of the accused, fon the other hand, along with the constitutional power of a court to control ie proceedings in ensunag a fait and Impartial tral, When these rights race against one encther, jurisprudence tells us tha: the right of the agcused mus! be preferea to win (Fe; Request Radio-TV Coverage of the Trial in tha Sandiganbayan of the Plunder Cases Against the Former President vosopn E. Estrada, AM No, 01 4-03-SC, June 29, 209). Rule 13.0! + A lawyer shall’ not extend extreordinary attention or hospitality to, nor ‘se2k opportunity for cultivating familiarity with Juages. A seltieepecting independence in the discharge of professional duty, without denial or diminution of he vourtesy and respect due the judge's staticn, is the only proper foundation for cordial, Personal and official relation between ‘bench ard bar (Luatona v. Bunyi AM, No. 1769, June 1992) Rule 13.02 - A lawyer sholl not make publle statements in, the media regarding a pending Jawyer shalt not.brook ax igfite rence’ by another branch ar agepey of te pear in orp the: Sein reprSan Heda College of Haro LAWYER'S DUTIES TO CLIENT Attomey- Client Relationship (1980, 1985, 1997, 1899, 2001, 2002 BAR EXAMS) Nature of Relation 4. strictly personal; 2. Inghly confidential, ard 3. fiduciary General, Rules Protecting Attorney-Client Roleiionshipe Best efforts must be exerted by the attorney to protect his client's talerest 2, The altomey must promptly account for any fund or property entnisted by oF received cor, his tient, 3. An attorney cannot purchase: his client's Properly ot interest in litigation, 4. Tha: privacy of communications snail at ull fimes be upheld. (1998, 2005, 2006 GAR EXAMS) 5. Avy attorney cannot represent 9 party whuse interest is adverse to that of his client ever. atter.the termination of the relation, Creation of Relation. Forms of Employment 188 Counsel to a Gliant 8. Oral = when the counsel is employed without 2 written agreement, but the conidtions and amount of attorney's feos are agreed upon. b. Express — when the toims and conditions including the amount of fees, are explicitly stipulated In a written document which may be a. ptivata. or public’ document. Written contract of attorney's f8e3 Is the law between the lawyer and the clr ©. Implied = when there is no ‘agreéinent, ‘wheter. oral.,or, waltten,. but: the client allowed the ‘laviyer fo render legal services nol intended to. be grajitous without objection, and the “olant’ is benefited by reason thereof, Note: While..'a.;witten “agreement for Professional setvices 1s the best evidence to show the relation, formality is not an essentia! element of the. amipleyment_of an, attorney. ‘The absence, of a. witen contract. wil not Preciuve a.finding thal there is a professional :_«itelationship,, Qocumeiary,fotmalism fs not on . escentia. elerfent'In the employment of an attorney: the ceritract niay be express or implied, (1891 BAR EXAMS) MEMORY AID IN, LEGAL ETHICS AND PRACTICAL EXERCISES] 19 Advontagos of @ Wiitien Contract betwoen the Lawyer and the Cliant a. It is conclusive as to the amount of ‘compensation b. In case of unjustified dismissal of an attorney, he shall be entitied to recover feom the clignt full comoensation stipulated in the contract (RA 636) Canon 14: Not to retusa hie sorvices to the needy (1990, 1982, 2006 BAR EXAMS) Rule 14.01 — A lawysr shall nut deciine to represent a porson solely on account of the latter's race, sex, creed or stotus of life, or because of his own opintalf regarding the guilt of sald person it Right to Decline Empleymoni (1993, 2006 BAR EXAMS) General Rule A lawyer Is not obliged to act ‘as legal counsel for any person who may wish to become his client, He has the sight to decile empluyment Exceptions: 4. A lawyer shall not refuse his services to the needy (Canon 14); 2. Hle shall not decine to represent a person solely on aozount of the lator’ race, sex, creed oF alalua of He oF because of his ‘own opinion regarding the galt of said person (I3ule 14,01) (1990, 1993, 2000, 2002, 20°8 BAR EXAMS), and He shall 201 dectine, except for serious and ="icion| cause lke (1, fhe Is nat in 8 position fo cary out the York effectively serosa if he labors: under a conti vean him and the prospecita dn irostaen present llent and th , eet cont 16.09). SPUR. P Guidelines ae Ai Bea ety pe Legal aig is a : tg me tea os _coIN CHOY soci Got BBo pyBpized as_~20-|2009 CENTRALIZED BAR OPERATIONS Duty to Destine Employment (1993 BAR EXAMS) A lawyer. should deine professiunal employment even though how aitractive the fee offered may be: if its acceptance will ‘involve: 1. A Wioletion of any of the rules of the legal profession; 2." Nulification of a contract which he Prepared; Advocacy in any matlar in which ne had Intervened while In the —governimant service; 4. Employment, the nature of which might ‘easily by used as a moans of advertising is professional services or his ski; 6. Employment with a collection agency, ‘whieh solicits business to collect claims, and 6. Any matter in which he knows or nas Feason.to believe that he: or his partna, will be an essential witness for the nrospective client. Ethical Considerations in Takivg @ a0:Cese (1996, 2001, 2002, 2005, 2008 BAR EXANS) + Ina Criminal Case: A lawyer may accep. @ losing criminal case devause every accused is presumed innocent unt Proven guitly and enjoys the right to sounsel ‘+ In a Civ Case: The'rules ‘and ethics of . the profession enjoin a lawyer from taking abad ¢ Reasons: 1. The attorney's signature in every pleading constitutes a certificate by hin that there 's good cause to support it and that iti Not interposed for delay and wilfut violation of such rule shail subject hi-n to dlscplinary action, 2. It is the attomey’s’ dity to “counsel or maintain buch: actions or proceedings ‘only a8 appear to him to be just and only such defenses as he bolieves to be honestly debatable undar the iaw 3, A lawyer is not to sncouraye either the so.qmencenient of the continuance of an action of praceeding, or deiay any man's cause, for any conupi motive oF interest 4. Alawyar must deciing to conduct a civil cause or to make a defense when convinced that'it Ia intended mere'y. lo harass of injure the opposite party or to ‘work oppression or wrong, Dau Beda College of Katy Howover, a lawyer may accept @ o%n.g Civil case provided thai, in so doing, he must not engage in dilatory tactics ‘and ‘must advise Fis sient about the prospects end advantages of settling the case through a compromise. " Rute 14.02 - A lawyer shall not decline, except for appolnunent amicus curtae, or serious and sufficient cause, an counsel de. ofticio or as @ request from the Intograted Bar of the Philippines or any of its chapters for rendition of free tegal ald (1591, “993, 1994, 1904 $898, 11001, 2002, 2004, 2006 BAR EXAMS) Rulo on Mandatory Legal Ait Service (EM. No. 2012)" This Resolution shall take effect on July 1, 2008 following publication of the #aid Rule ang its implementing regulations in at'*least two. (2) newspapers of genora! ercylation: Purpose: This Rule seeks fo enhance the duty of lawyers to sociely as agents of social chaiige and to the courts as. officers thereof by helping Improve access to justice by the lass privileged ‘members of society and aypedite the resolution of cases invotving them Definition of Tevigs: a. Practicing lawyers ere members of the & Phiippine Bar who appear fr and in behalf of partes in cours of "sw and quashjudical agencies. The term "pracuclng iauyers" shal exeuce: 1 Government employees and incuinbent encive officias ret alowed ay law to practice lis Lawyers. wha sbyvaw,2t@ not allowed to ani ‘ooury 20 i eRe clas, {n law etudentipracticmin duly legal cries af aw. s NGOs)and péopies’ Ew By “Berend, aa cers sdpsaty we cauyersy © cat “elipubparadrapne (i werarann 05 a 8 haa a eee oe iif can fewer ihn, City of Naga (SR. Cctover 2006, 506 SCRA 81);San Beda College of Lay + Sec, 19. Rule 141, INDIGENT LITIGANTS are those whose gross: income and that of their immediate family do not exceed an amouat double the montnly minimum wage of an employee and who do not own MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES | 24, Practicing lawyers shall indicate in alt pleadings filed before the courts or quasi- judicial bodies the rumber and date of issue of their carliicete of complianze for ‘he immediately preceding compliance period real property with a fair market value as stated In the current tax Panalies Zeclaration of snore than sree 1. AL the end of ‘every talendar year, any hundred thousand pesos practicng lawyer who fall to meet the ' + Secon 21. Rue 3. INDIGENT frisimura prescribed 60 hours of legal id be PARTY A party may be authorized te litigate his action claim or defense as fan Indigent if the court, upon an ex service «ch yent shall be required -by the BP, through the NCLA, to exptain why he \was unable to render the minimum prescribed ' hg parte application and hearing, is umber of hours. 7 +” Satisfied that the party is one who has 2. If no eaplanalion has, been, given oF I the : fr no money oF property suifcient and NCLA finds the explaratigR unsatisfactory, ‘ | available for food. sheller and basie ths NCLA shall make ja report and i necessities for himself and his family recommendation to tne BP Board of f pe Governors that the erring laivyer be declared i FP]. @ Legal ald cases are those actions, disputes, ‘a member of wie IBP who Is not In good * i S: and controversies that are criminal, civil and standing. | Bey ‘administrative in nature in whetever stage 3. Upon approval ofthe NCLAS f Ho wherein indigent and paper itigants need rocommendaon, the IBP Board of Governors, : LE legal representation.” Shall declare the erring lawyer as 8 member | 2 Requirements: rot ia good standing. (Every practicing lawyer is required to 4, ‘The notice to the lawyer, shall inckide o ' my render a minimum of sixty (60) heurs of directive te pay Four Thousand Pesos : free legal aid services to indigent itigants (4.005) penalty whist shall accrue to the ; : ina year. Special fund fet the legel ald program of the ae Saud 60 hours shall be spread within 1BP. 5 period of twelve (17) months, with 3 5, “The “not in good standing" declaration shall i) Ininimum of five (8) haus of free legal aid be effective for a period of three (3) months services each month. from the receipt of the erring lawyer of the However, where it Is necessary. for the notice ir. the IBP Board of Governors, ‘practicing lawyer to render legal aid 8, During the said period. the lawyer cannot appear in court or any quas! judicial body as counsel service for more than five (5) hours In one ‘month, the excess hc urs may be credited to the sald lawyer for the succeeding 7. Provided, however, that the “not in guod periods. stencing lateral vn Or i, The practicing fasyer shall report ‘apse (ei the! trae patiod until an complenee wih the requrement wihin. Ys necethi para th fn pald ten (10) days of the last month of each Bf any lawyer no ope eportoly wih Ne Gas quarter of the year. Shree ng “aug far at pas BNE) ii, A practicing lawyer shall be required to py secclive “Ved th ‘of secure and obtain a certiicate from the qyocet Seaelnst ipa nol Cark of Court attesting to the number of ine ; ‘hours spent tendering trea legal. sid servicos in a case, : and iv. - Said compliance repoit shall be subiaitted wlth to tre Legel Aid Chaitperson of the 18° Chapter within the courts jurisdiction t v. The IBP Chapter. shall, aiter verification, eles, ' issue «a compliance certificate to. the latter to concerned lawyer. The 1BP Chapter shall Bipevorse the fivn submit the compliance reperts to the Exrient to fulfil fees Nationa! Committee on Legal Ald iolaion of his I (NCLA) for recording and documentation. %and loyalty In all \ WW22 [2009 CENTRALIZED BA®.NPERATIONS. San Beda College of Las ee EE His dealings and transactions with his clients." + An attorney owes loyalty to his client nat (Consoreia S, Rollon va, Aity, Ganulo Naravel, ‘only in the case in which he has AG. No, 6424, March 4, 2005) represented him but aiso after the relation of attomey and client has terminates, Rule 18.01 - A lawyer, In conferring with a (Samale v. Vakencia, A.C. No. 5439, prospective client, shail ascertain as soon as January 22, 2007) practicable whether the matter would invoive 2 conflict with another client or his own Testa o Deterine Canflting itaresta Interest, and if so, shall forthwith inform the Will the attomey ze required to contest for prospective client. that which his “duty to another client Fequires ‘him to oppose? (Conliting Rule 18.02 ~ A lawyer shall be bound by the diutias) rule on privitege communication in respect.ot 2, Wil the acceptance of @ new relation matters disclosed to him by a prospective invita suspicion and/or actually lead to ellent. Unfalthfulness or double-dealing towards another client? (Invitation of suspicion) + Dean Wigmore lists the essuntiat factors to 5, Will the ‘attorney be called upon in his. establish the existence of the attorrey-client naw ialation to use against his first client privilege. communication, viz: (1) Where lege! any knowledge acquired. in the previous advice of any kind Ig sought (2) from a employment? (Use of iia ‘knowledge professional legal adviser in his capacity as obtained) ‘such, (3) the'gommunications relating to that purpose, (4) made in confidence (5) by the + _ There is conflct of interest when a lawyer cilent, (6) are at his instance permanently sepresents inconsistent interests of two or protected (7) from disclosure by himself or by more opposing patties. This rule covers, the legal advisor, (8) except the protection be fot: only cases In which confidential walved (Ma, Luisa Hadjula vs. Atty. Roceles ‘communications have been confided, but F Madiancis, A.C. No. 8711, Juiy 3, 2007) also those In wniett no confidence has een bestowed cr will be used. Rule 15.03 ~ A lawyer shall not represent : conilicting interests excopt by written consent +A lawyer's immutable duty to a former of all concemed given after a full disclosure of client does not cover transactions that the facts ocurred beyond the lawyer's employment with the cient. The intent of Conflict of Interest (1991, 1992, 1993. 1994, tle law is to impose upon the lawyer the 1997, 1999, 2000, 2001, 2002, 2003, 2004, 2005, duty to protect the client's interests only 2008; 2008 BAR EXAMS) con rratters that he previously handled ‘or the former client 24 not for matters that Duty of a Lawyer to His Clien: in Case There arose alter the lawyer-client relaticashiy ‘Conf of Interest na, ee, pe Le Santego vs vf AC. No. 670. + Tost: ho testis whatner, on benoit ot SAS one lant, Ris the. lowyors. duty to é Contest for that which hi ity (> enter Cant req ives Hm lo oppoue or wen the possPly of such sitaton wi dovclop (Hobs of Lye Felon vs Ay. Bape ‘am Case No. 6876, Mor , 2008) +The proscription against representation of conficting interest finds application where the confllting Intaraute avis with ocpect fo the same general mutter and is applicable however slight such adve, se Interest may be; the fact that the confict of interests is romote or merely probable ae does not make the prohibition inopurative a party ina comprOrRaiE he cannot, (Pormento \. Paniavecrs A “B26 oie iawyer topresentet 55)San feds College of Law MEMORY AD IN LEGAL ETHICS AND PRACTICAL EXERCISES) 23 another client wiioseeks to nullify the Immediately return the money to the cllant. agreement. (Vilanueva v, Gonzales,” A.C, No. 7657, Febriary 12, 2008) Efiects of Representing Adverse interests 4. Disqualification as counsel of new client Rute 16.02 - A lawyer shail keep the tunds of ‘on petition of former client; each cliont sooarate #ad apart from his own 2, Where such Is unknown to, and becomes and those of others kept BY him, prejudicial to: the interests of the new : lent, @ judgment against such may, on Rule 16.04 - A ia vyer shall not borrow money that ground, be se: aside; trom his cllent taloss te client's Interests are 3. A lawyer can be held ad tally protected by the nature of the case or by liable through disciplinary action and may Independent advice. Nelther shall a lawyer be held criminaily liable for betrayal of Jong, money to a elfent except, when in the nd interest of justice, he has’ to advance 4, The’ attomey's right to fees may be nocessary expenses In @ legal matter he is defeated If found to be relates to such handling for the client. conflict and, such was objected to by the by former. client,” or if there was 9 Prohibition Against Purctiase of Property in conceaiment and srejudice by reason of Litigation. we the attomey's previous . professional ser relationship with te opposite party Elements of Prohibition: 5 {Theres an attomey-cllent relationship: Rule 18.04 - A lawyer may, with the written 2. ihe property is in figation; consent of ail concemud, act as mediator, 3. The attomey is the counsel of record in tonelliator or arbitrator in settling disputes. the case: and 4. The attorney, by himself or through an Rule 15.05 — A lawyer, when advising nis agent, purchases such propery during client, shall give @ candid aiid honest opini on the merits and protiable results of client's case, ‘neither overstating nor Underststing the prospevis of the ca: the pendency of sald case (Art, 1491 of the Civil Cod). Instances Whore Rui Is inapplicable: 1, Where the property purchased by @ Rule 15.06 ~ A lawyer shell not state nor lmily lawyer was not Involved in Itiga that he és able to influence any public officia, 2. Where the sale took place before it {ribun... or leg.stative body. became involved in the sult fl 3, Where the attorney at the time of, the ‘+ This rule is known as influence-peddling purchase wes not the counsel’ in’ the Ruta 15.07 ~ A lawyer shall impress upon his 4 tne, purchaser of the property in client camplanes with the laws and the ‘even though Principles of fairness. Rule 15.08. =A lawyer who Is engaged in another “phntession or —_o¢zupation concurrently with tlie practice of law shail make clear to his client whether he is acting as a lanyer orin enother-cepacity, Alawyer hs) gligat.9 in fre Conon 48: Hold tn, Trust all the monoy and Broperiy of; his, client that may. come to his possession“ Rilo 10.01 =A lawryar shall account for al ‘money or property collected or recolvad for ar from the cllent. © If'a fawyer does not use the money for the intended purpose, the lawyer must Er24 12009 CENTRALIZED BAR OPLAATIONS Gan Bera College of Labs Canon. 17: OW9s fdallty to the cause of his client and Be mindful of the trust and reposed In him (2007 BAR EXAM : PU meatier {Good.oral, exp. feRses itself In the, wil eae ieee fora isc and fe recover as won (Condon Bales Pee Ne 287, Ocbor KUBSEMEE Sie Be 7 Ir ty" and integMty. of oleae poled Covarenrg we cer «the: lawyers ves «tha extrer tana Maga ie Pisemandes. We Go. os AGING. T8R6; enyary, Canon 48: Serve ijont with competence and ditlgonce ({998):2001, 2002, 2005 BAR EXAMS) Dilgdince Is: therathtion and care required of a ‘parson n'a grt sation an the pps ot negligence, fe axjomatic In Ihe, practice of lav thatthe price of sicqoag is eternal cligence to Lie ‘cause of tha cllent (Edquibal v. Forrer, AC No ‘5607, February 2008}, 6) (2007 BAR EXAM). A. Duty to Protect the Client's Interests gOS ALN bagel nf Rute 18.01 - A lawyer shall aot undertake z lagal servico which ho knows or should ‘know that he. ts‘ not qualified to render. However, he may render such service if, with the consent of his client, he can obtein-as collaborating counsel a lawyer Who is competent on the matter, Rule. 1809':'A:tawyor shall not neglect a Jogal ‘matter: entrusted to him, and: his negligence in. connaction therewith stall ‘render. him Vabje (1998, 2002 BAR EXAMS). j V's" duly lo safeguard the 2 “client's “interests commerices from nis +, jetalner Uintll.is effective release from the “case oF tha fil disposition of the whole subject ‘of the litigation, During that ‘period, Re fs ‘expected to\ take “such Aly. “Melani “Batis” Mauricio was suspended for six montis and. stony warmed against'a repetition of the same offense:, The penalty stemmed from Atty Mauricio’s receipt of 56,000.00 10 rrandie his client's cases bul rendered ro ©. Duty to Keop th service at all! (Oallaay v. Atty. stelaito “Batas” Mauricio, A.C, No. $655, April, 2005) : eaten sa binding t ‘r bite aaa +, prudence i¢ltand ee ee fe Rule 18.04 - A laivyr shill keep; the cllant informod .of the ‘statua‘of his.case and Shall respond. vith;nia séasonable tne to the client's request for information. : NY AHAB aa + He should notify file. cllen} of anv’ adverse Seciton wi wit We pated is eppeal to enabia his’ alent: toldecide wheter to seek’, an appellate reWlewi" He "should comniynicate with him: concerning. the withdréwal of appeal, with all, ts adverse consequences. ‘The. client is entiled to the fullest disclosure’ of the mode or ‘manner by which his interest is defended + Docirina of Inputed’ Knowlodge ~ the knowiedge accuired by an attomey during the time that he's acting vathin the scope cof his authority. ls'Imputed to the client (Ramirez v. Shorition Pampanga, 76 Philie San Beda College of HLetw MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 25 ie 2. Service of notice upon party instead resist and should never follow any. unlawhul a ‘of upon his atiomey is ordered by instruction of his ent a court iI 3. Notice of pre-tral is required to be Canon 19: Represent with Zeal and within the served upod parties ard thelr bounds of law (1884, 1997, 2001, 2003 BAR oa respective lawyers; and EXAMS) 4. Ie appeal trom the lower court to tne RTC, upon ducketing of appeal Under this Rule, @ tawyer should not fle or Failure to appeal to CA despite threaten to fle any unfounded or baseless instructions by the clent to do so criminal case or cases against the adversaries of constitutes inexcusable negligence his client designed to seuir. @ leverage to compel ‘on the part of the counsel. Canon 18, the adversaries to ylold or withdrew thelt own t Rules 18.04 nf the Code of cages agains! the lawyer's client (Femardo Nlartin i Professional Responsibility requires @ © Poa vs. Atty Lolto G. Aparicia, A.C. No, lawyer to Keep fis eliant Informed of $298, June 25, 2007) the status of thy case and respond Wnts" eotonae ee he 4 put to Resin Genta mpepity client's request for - information i (Abiero vs. Juarino, A.C. No. 6302, Rute 19.01 - A lawyer alfall employ only Febiliary 2008). fair and honest moars to attain tho lawful objectives of his ollint and shall not presont, participate in proseming or threaten {0, prosent untounde? criminal charges to obtain an Improper advantage D. Duty When the Accused Intends to Plead Guilty (1884, 2000, 2001 BAR EXAMS) +A plea: of guilty is an admission by the in any case of proceeding (1997 BAR accused of his guilt of crime as charged in the EXAMS) information and of the truth of the. facts alleged. including the qualifying and «+A lawyor should use his best efforts to aggravating circumstances. restrain and to prevont his client from + Itis the duty of the defense counsel when his Going those thing whiol. he himself oujht client desires to enter a” plea of guity 'o not to de, particularly with reference fo (aceray the conduct fowerd the court, judicial Fully Acquaint himeolt with the records officer, wines and euilor and if the client and surrounding circumstances: of the persists in such wrong doing, the lawyer case; should teruinate their relalion (Surigao 2. Confer with the accused and obtain from Mineral Fest vation Board v. Clore! L- him his account of what had happened: 27072, Janay 1970). 3. Thoroughly Explain to him the Import of « guilty plea and the, inevitable conviction B. Duty to Advice Candidly (2003 BAR EXAMS) that wll follow; : i Ge ae 4, See to it that the, prescribed Procedure ‘which éxbeflence: has’ sown to 26 necessatyto the ecministration of justice 's sirctly folowed and, daciosed in the © court records; and,” 8. Advise him of his constiatisnal righte E; Duty to Comply With tho. Cllent's Lowtul Request [layer should endécels #ee suction tom his client on any subiétatitial matter concerning the gation, which may quire dedision on the part of the client, such a8 whethnr te compromise the cease oF to appeal an unfavorable judgment. He should give his olient sound advice on any such ‘nd similar matters and comply with the client's lawful instructions relative theres, He shoud‘Meta ; relationship with auch client in accordance with the Rules of Court (2001 ‘ BAR EXAMS), 4 thet ground, ave for the dismissal of», the complaint and $3. 4 unauthorizee, appearance is wilfa, © i +s ‘vattorey may.ba cited for contempt as... 1. He’ rust promptly eail upon the cnt to an offcer" of the. bourt: who hos rectify thé sama and falling which, misbehaved" jn'<5-his.< official 2, He shall tarminate ‘his, relationship. with ‘ransactiong;."and,.’ he may ~be "gh cent aggordanc with. Ruten «RSI probate set OF Coutts gt ace i et misconduct pi . epee ta is Bd inhne > BeAuthoriy of aLawyer: eos Raliteaton ot Unavinarzed Appearaice vhs Rule 19.03 » A lawyer shalt not aiiow- his. lent to detate the procedure in hancling, o'that he ‘confirms his authorization MO CASA pe SI ote NN “Yorepreseit hin In the case," ra 2. implied: wher: a." patty with, “The Code etna igijar to emnpaoniy far > knowledge, of tha’ fact that a lawyer > “and honest méans\ to "attain te lawful hag been representing hinvin a cas objectives of his client anid: warns hii not to accepts benefits of representation or allow his cliert;to. dictate, the: procedure in falls to. promptly. repudiate the handling the case. in'short, a tqwyor is not a assumed authony: * gu foe re lly ¥ Aly Monier, A.C: No, $243, July 1996}, Nota: .in matirs:of fa, fe the” cent who” oa should yl to the layer, and ro he other way around. ot express: categorical’; assertion by. “client that he tas authorized @ lawyer Roquisitns for” imaled “Reatftation by Suence «Party represented. by lawyer must be ‘ofa Competent or i suffers from bility, has’ a -guerdian. or tegat . ‘representative; » + Appearance ~ Is the coming into court as 2. Parly: or - guerdian is” aware” of @ party either esa piaintif or as a storgey’s representation; and defendant ard asking relief therefrom. % falis"to.promptiy . repuciate ~ assumed authori, > Presumption of Authority: An attomey {s prestimed to be propery authorized to represent.any cause in which he ‘appears in all stages of the itigetion ahd no writen authorty is recuired to authorize him to appear. > The presumption is a strong oné. A mere denial-by a party thal he has + euthorized_an_attomey to, appear for him, in'the absence of any competing ‘reason; |s ineufficient to overcome the tion.” éspecially when the «denial Somes attr the rendu of an Adverse judgment, -. Effects of an Unauincrtzed Aopearance 1, Party la. no} bound by the attorney's ‘appearance: In’ the use ‘or.’by. the cdudarriont rendered thera, yay de 2° Court ‘does nur .woquire jurisdicion ‘over *he person if the party has not been served with summons; 3. Tha adverse. party who has been forced to tigate 28 u defendant by the unauthorized action on the part of the attorney for the pluntif nay, on Authority. of Atiomay. in; the Conduct of tigation >A lawyer has authorty to bind the lient in all mate's of ordinary judicial Procedure: He can bind h's client on substantial," matters, oniy., with the piled consent. t, even if ‘counsel, retaineSon Beda College of Haw MEMORY AID IN LUGAL ETHICS AND PRACTICAL EXERCISES) 27, matter of the itgation, The client ca, fof colree, authorize hie tawyer to compromise his case, and. the settlement matle by the lawyer wil bind his cllent Exception: Where the lawyer is confronted witt an emergency and prompt, urgent action is necessary 10 protect the Inte-est of iis client and there 1s ny opportunity for ‘consuntation with him, Mistakes or Negligenca of Lawyer Binding Upon Client (1998, 2000, 2002, 2008 BAR EXAMS) General: Rule. Cilent is bound by attorney's conduct, negliganes . and mistake” in. hanling case or - in management - of tigation end in procedural techniqua, end he can not be heard to complain {nat result might Nave heen different had his lawyer proceeded Siferently. (Vivero v. Santos, 98 Phill 800, 1956) Exception 1. Where adherence thereto-results in outright deprivation of cllent’s liberty ‘or property or where Interest of justia 30 requires, Where error by counsel is purely technical which does not substantiaty affect ine client's cause; 3. Ignorance, incompetence, oF inexperience of a lawyer is sd.greet ana srror 80 serious thal client, who has good. cause, 1s prejudiced and denied a dey in court, 4. ,Gross negligence of lawyer; and 5, ‘Lack of acquaintarice, with technical patti procedure, Canon 20; Charge only fair and ‘reasonavle foos (1907, 1998, 2003 BAR EXAMS) The expiration of the retainer contract betwoen the parties during'the pendency of the lator case does. riot extinguish the" resporident’s right 10 attorneys fees (Uy ¥.. Gonzales .A.C.No. 6260, March 2004). * in Attomey’s Fees (1990, 1991, 1992, 1594, 1995, 1997, 1998, 2005, 2006, 2007 BAR EXAMS) Requisiies for the right tc Attorney's Fees to acerue 1. Exisience of attorney-client relationshio 2. Rendition by the-lawyer 0 services to the lien. Fectors in Determining Attomey’s Foes (Rule 20.1, Canon 20) (TINSAP'G" (1994 BAR SANS) 1 Time spent and the ,estent of the services. rendered or required; Importance of the subject matter; Novelty and the difficulty of the: questions ‘Amour invoived in the euntroversy and the benefits resulting tothe client from the service, 6. Probability of losing ether employment a3 @ result ofthe acceptance of the proffered case; 7. Brofessiona! standing ofthe lawyer; 8) Customary charges for slqjlar services and the schedule al Tees of the 18° Chapter to which, he belongs; % 9, Contingency. oF certnty BF compensation; and : 10. Gharacter ot the employment whether Cccasional or tablished Tus Concepts v: Attomey’s Fos 1. Ordinary ~ itis the reasonable compensation paid to the lawyer for the legal services ho had rendered in favor of his client, The basis ‘of ‘his compensaton Is the fact of ‘employment by the silent 2. Extaordinary — ah indemnity for damages: ordered by the court 10 b6 paid by the -Josing party to the prevailing party in a Itgation. The dasis of this (s any ofthe cases autharized by law and is payablo not to the fawyer but to the ieal unless there is an agreement that the award shall pertain to the lawyer as an addkional compensation ot a8 pert thereof, Kinds of Payment that may bo stipulated upon: 4, Fixed of Absolut hich is. payable regaralase'et then ¢ 2. A REG He Bay nce ncesantys Si always be subject sion of @ court, a6 {0 its reasonabletk 2 instant case, AtWvs. Fy28, }2009 CEN” RALIZED BAR OPERATIONS. Roxas and Pastor recelved an aincunt which was ‘equal to. forty-four percent (44%) of the just compencaton paid,..ut an artount equivalent to :29,980,000.00 of the P64,300,000.00. Goneldering that there was no full blown hearing in the expropriation case, ending as it did in 8 ‘Compromise Agreement, the 44% is, undeniably, unconscionable and ‘excessive ‘under the eiecumstances (Roxas, ot al. vs. De Zuzuarrogui, why ET AL., G.R/NO, 182072, Jan, 31, 2006). Quantum Merult - means as much as the lawyer deserves or such amount as his services merit (1998 BAR EXAMS), Instances of Recovery of Attomsy’s Fees on the Basis of Quantum Menvit (2007 BAR EXAM) 1. Thera Ia. no express contract for payment of atiomey's fees agreed upon between the lawyer and the alent; 2. When although thera Is @ formal contrect for attomey’s fees, th@.fees stipulated are found {unconscionable 3, When the contract for attomey’s fees is void due to purely formal defects of execution; 4, When, for justifiable cause, the lawyer was not able to finish the case; 5, When the lawyer and the client disregard the ‘contract for fogs; and 8, Whon the client dlamissed his counsel before the tormination of the cae or the, Guides for Determining Attomay's Foos on tho basis of Quantum Morult: (TINS) 1, Time spent and extent of the services Tendered of required ~ a lawyer Is justified in fixing higher fees when the case is 20 complicated and raquires more time cnd effort to finish it ° 2 Importance of subject matter ~ ne more Important the subject matter orth bigger the value of the: Interest of property in iitigation, Thoighor she atrmeys foes” 3. Novelty and diffeulty of questions involved - When the questions in @ case are novel and Giffcut, greater: effort, deeper study and research are bound to burn the lawyer's time and stamina considering that there are no locat pracedents to rely upon 4, Skill demanded of a lawyer ~ the totality of the lawyer's experience provides him tha skill and ‘competence admired in lawyers Retainers may refer to either of two concepts: 1. Act of @ client by which he engages the services of an attorney to render ieyal advice (oF to defend or prosecute his cause i court 2. Foe which a client pays to tine attorney ern BAN BEDI College of Bato Kinds of Rateiner Agreement: 1 General retainer » the fee paid to a lawyer to secur: his future services. as “general counsel" for any ordinary legal problem that muy arise in the orainay business of the lent and referred to him tor legal action. The lent pays fixed retainer fons, which could be monthly or, otherwise. The ‘fees ere. paid wheter of nat there are casds referred to the lewyer| or: 2. Spociat rotainor ~ fee for a'spacifc case or service rendered by the lawyer forthe client. Sitvations "When Counsel Cannot Recover the Fu Amount of Attomey’s Feas Despite Written ‘Contract (2006, 2008 BAR EXAMS). ; 1. When the services caled for were not performed as whan the lawyer withdrew before the case was fhished, ‘he wil be allowed only reasonable feas;, 2, When there is a justified dismissal of the attorney, the. contrast wil ‘be mulled and payment will be on the basis’ of quantum meruit only, A contrary atipulation’ wil) be invalid; % When’ the stipulated attomey’s fees’ arr Uneongcienable ie, when itis disproportionate as compared to the value of services rendered and is revolting to human conscience; 4. When the ‘stiputbted attorney's fees are ‘excess of what Is expressly provided by law: 5. When the lawyer Is guilty of fraua'or bad faith foward hia client in ta matter of. his ‘employment, 3. When the counsel's ‘servicer are worthless because of his negligence; 7. Wihen contract (9 contrary to law, morals or public policy; and 8. Servin the lawyer proves of both , g a Ween eae Re Sela he eae a PUSS Aalcs PRS ae) sass Contingant (ee Payable in cash EO (s| Payable in kind ONLYSan Beda College of Law MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 29 [Lawyers do not | Lawyers undertake to! undertake to pay all/pey all exponses of| lexpensos of ftigetion | IMigétlon Valid Vold Rule 20.92 - A shall, In case of referral, with the consent of the cllent, be entitiec’ to @ division of fees in,proportion to the work performed and responsibility assumed. Rule 20.03 + A lawyer shall not, without the full knowledge and consent of the cilent, accept any fee, reward, costs, commission, Interest, rebute ‘or forwarding wllowance or’ other compensation whetsonver related {o his professional employment from anyone other than tha cllent (1997, 2003 BAR EXAMS), In shor, there should be no: room for suspicion on the part of the client that bis lawyer 1s recelving Compensation In connectian with the case from thitd persons with hostile interests (Report of the IGP Commnittoe). Exception: A-lawyer may teceive compensation from a person other than his client when the latter fhas full knowledge and epproval thereof (Rue 138, Sec. 20), Rule 20.04 = A lewyer shall avoid controversies with cilents cbncerning his compensation and shail resort to judicial action only to prevent imposition, injustice or fraud (1998 BAR EXAMS). Enforcement of Attomey’s Foes 7 General Rule: A lawyer should avoid the fing of any case against & client for the enforcernent of attorney's ( Excepvonss: 4. To prevent iraposition; 2. To prevent injustice; and 3. To provent fraud (1994 BAR EXAM), When and where may a claim of foes be. asserted? 4. The very action In which the services in question have been rendered, OR 2. Ina separate civil action Effect of Nullty of Coatract on the Right 19 Attomey's Fees. 4, If he nulifcation is due to the ilegality of Us object, she lawyer is precluded {rom recovering; anid 2. Ifthe nullity 18 due to a formal defect or berause the court has found the amount lo be unconscionable, the lawyer may racover for any services rendered based ‘on quantum meruh Instances When an Independent Cll Action to Recover Atta ney’s Fees ia Necnssary 4. Main actict. [8 diamissed.or nothing Is 2. that it has no Jurisdiction over tha action or has already lost it; 3, Person liable for attorney's fees ia rot @ pperty to the maln ection; 4, Court reserved te the,Jawyer the right to file a separate cil it for rocavery of attorey's fees; hk: 5, Services for whch ‘the lawyer seoks payment are no. ‘ofnected with the subject itigation; end 6. Judgment debtor hes fully pald alt of the judgment proceeds to the judgment creditor and the lawyer has not taken any lagal step to have his fees pald directly to him from the judgment proceeds, Contpensation to Which a Lawyer is Enthled fe Depenaing on His Capaciy ‘Counsel do Parte ~ He Is entitled to the reasonable atlomey’s fees agreed upon, for in the absence thereof, on quantum ‘meruit basis. 2. Counsel do Ofiolc = The counsel may not demand from the accused attomey’s fees even if he wins the case. He may, however, collect from the government funds, if avaliable based on the-emount fixed by the cou 3A led to attorney's Fr}30 |2009 CENTRALIZED BAK OPERATIONS: san seva College of Law Instances when Attorney's Fees may be tecovered a8 damages 4, Thore is an agreement; 2. Exomplary damages are awarded; 3, Defendant's action or omission in gross ‘bad faith compelied plainti to ikigate; 4, . In criminal cases of malicious prosecution a. hewas acquitted b. person” who charged him knowingly . made the false statement jof facts or that she fling’ wes prompxed by sinister design to vex him; Ht 5. Action ig clearly unrounded and is, so untenable that It amounts to gross bad faith, 6.) Acilons for aupport, 7. Gases for the recovery of wages; 8. . Defendant acted jn gross and evident bad faith; 8, In actions for. indemnity under workmen's cormeanaatga and emlayeee liability 10, In, seperate clvil action arising from a crime: : 11, When at least double costs are awarded which Is usually, ewarded to frivolous actions; 12, When ‘the court deems ls just and equitable; and 13, A special law 80 authorizes Attorney's Lien (1998 BAR EXAMS) 30 Rule 18.03 = A lawyer shall deliver the funds and property of his cllent wien due or upon demand, However, he shall have a lien: over the funds, and may apply 30 ‘much thercof as muy be necessary (0 satisfy hls lawful fogs and disbarsements, giving notice promptly thereafter to his client, He shall, also have a len to the same. extent .on all Judgments and ‘oxocutions te hits secured for his alient as provided for ir.the Rules of Court (1994, 1908, 1896, 1998, 2000, 2008 BAR EXAMS, «A lawyer’ is. not entitled to unlateraly ‘appropriate his client's money for himself by the mere fact alone that the clint ‘owes him attomey's feo. (Rayos v. Homandez, G.R..No, 169079, February 412, 2007). Charging Lien ~ i@ an equitable “ight to have the fees and lawful disbursements due a lawyer for his servicgs In a suit secured to him ‘out of the Judgment for the payment of money and executions Issued in pursuance thereof in the perticular suit (1094, 2008 BAR EXAMS). + A charging lien, to be enforceable as a ‘security for the payment of attomey's fees, requires as a condition sina qua non 18 judgment for money and execution sn pursuance of such ludgment secured In {he maia action by the altorney in favor of his cient (Metrobank v. CA GR ‘No 88 100-03, January 1990). attorney-client Requisites: : 1. Bistence of. an relationship,’ % ‘The attomey hae rerviered services; Favorable money judgment secured by the counsel for his clant, = 4, The sttorney has & eluim for attomey's tooo or advancas) and / " 5. A statement of the claim has been duly recorded In the case. with notice thereof served upon tha-elent and the adverse ouity, he ost Retaining wien ~ a right Merely to retain the funds, documents, and zpers as against the cient ‘until the atomey (8 fully peid his fons (1994, 1995, 1996, 1986, 2000 BAR EXAMS). Requisites: (ALU) 4. Attorney-cient relationship; 2. Lawful pogsession by the lawyer of the Glient's funds, documents and oapers in his professional capacity, and Unsatisfiec: claim for attorney's fees or disbursements. Coes 1 na ramen ten 4.Natire [Passive Liou, it{Active Lien. t cannot be}can be| actively Jenforesd by enforced. K's e execution. itis generat len _ [a special Bess (Lawful [Securing of @ possession of|favorable papers, money documents, __|ludgment. fer property the client belonging 10Han Beds College of Law EAEMORY AIO IN LEGAL ETHICS AND PRACTICAL EXERCISES] 31 er ee cee Covers il) judgments. for land properties |the payment Inthe. iawtul of money and possession of execution the attorney by|issued in| reason of tis|pursuence of| professional . | such [ jemployment. [judgments 4. fect [As soon as tie claim: for attorney's the papers, |tees tiad been documents, or|antered into Property, the records of the cass, Notice [eitent need not| Notice — must be notified to]be served make, ttfupon —_cers| effective, fend adverse it party. 1S. Appicabl-| May be] Generally, ity Jexercised ——_exercisabie before Jonly when tha judgment —orlattorney hed execution or |ahready Tegardiess .|secured a thereof, favorable judgment sor his client Canon 24: Privileged Communicsiion (1998, 2006 BAR EXAMS) Rule 21.01,- A lawyer, shall not reveal the confidences or sécrats of his cilent, oxcopt: 7. When . authorized, by tha client after acquainting. hm 6f the consequences of thedistiosure; ©)...” When required by linys When necessary.to, collect his fees or (o defend : himself, his “employees or associates or by juiilcial action, Requistes: 9800 22. Jo There? oxlete an attotney -‘and “client felationship .ot.'.4.. kindof consultancy « Felatlonship with’ @ prospective client, That legal advise Ie wit Is sought; This incluces persons appointed as counsel de oficic; 2.. The communication wae made by the client to tha lawyer, in the course of the lawyer's professional employment; and 3. The communlaton must be intended to be confidential (Uy Chico vs. Union Lio Association Sociaty, 29 Phil 163). Purposes: 1. To encourage a client to make @ full disclosure of the facts of the case to his couse! without fear; and 2. To allow the lawyer freedum to obtain full Information from his cttant, Characteristics: 1. AC privilege where legal advice is professionally sought from an attomey; 2, the client must intand tha above ‘conimiinication to be confidential 3. AC prlilage jces all forms of communication and action; 4. As genoral rule, A-C ptivilege also extends to the attorney's secretaty, stenographer, clerk ‘or agent with reference to any vact acquired in such capacty; and 8. The’ above uty is perpetual and communication Is absolutely privileged from disclosure, 5. Persons Entitiad to Claim Privileges Generally, the Attomes: Cont priviege covers 4. Lawyer; 2° Glient; and 3, Third parsons who by reascn’of theit work have acquired ‘information about the case being handled such as: fa’ Atlomey’s sertetary, stenngraphor and clerk; L. Interpreter, messengers and. agents transmitting communication; and © An accountant, solentict, physician, engineer who has been hired for effective32 |2009 CENTRALIZED BAR OPERATIONS, Test; Whether the communication: are made 1 fan attorney with a view of abtalning from him professional assistance or advice regardless of ‘whether thera Is a pending of merely impending {tigation of any Iiigation (Denver Tramway Go. v. Owons, 20 Colo, 107, 36 Pac. 846). Disclosure of Name of Gliout Gereral Rule: The lawyer may NOT invoke the privilege and refuse to divulge the rame or Identity of his cllenvs. Reasons: . 4. Due process considerations requira that the opposing party shavid know the adveruary; 2. The privilege pertain to the subject matter othe relationship; and 3, The privilege begins to exist only afte A relationsnip nas been established hence it does nat attach url there is a client, ‘Exceptions 1, When thera is a stiong possibilty that ‘revealing the clents name would implicate the In the very activity for which he souyht the lawyer's advice: 2. When disclosure would open the client to civil Havitty; 3. When ‘government's lawyers have no case against an attorney's client and revealing the clients name would furnish the only link that would form che chain of testimony necessary to convict him. Lawyor as witness (2001, 2005 BAR EXAMS) + A lawyer shall avoid testifying in behalf of his Gllent. The function of a witness is to tell the facts as he recalls them in answer to questions, The function of an advocate is that of @ partisan. It Is difficult to distinguish between the zeal of an. advocate and the faimess and- impartiality of a disinterested witness. ‘+ We should like to observe that although the law does not forbid an attorney to be @ witness and at the came time an attorney in a cause, the courts prefer that counsel should ot testify as a witness unless It is necessary, and that they sheuld withdraw from the active management of the case (PNB v. Uy Tang Piao 57 Phil 337). ses San eds College of Lay inslances when a iawyer may NOT testify a3 a witness in a case which he is handling for a client: 1. When such would acversely affect any lawful interest of the client with respect to which confidence has been repused on him; 2, Having accepted a retainer, he cannot be a witness against his client; 3. He cannct serve conticting Interests; 4, Wheiy he is to violate the confidence of his cliont; and 8. When ag an attomnyy, ne is to testy on the teary ofthe case, instances when a lawyer may testify aa a witness, Jn.a cage which he is handilag for a client: 1. On formal mattors, such as the mailing, Puhuntication or crsiody of an instrument and the like; ‘Acting 38 an expert of his fee; ‘Acting a8 an Arbiteate? eposition; ang On substantial rnatters!‘in cases where his testimony is essential tg the ends of Justice, in vihich event he must during his testizncny, entrust the tial of tne case {0 another counsel, Interviewing Winasses Witnoss — human instrumentality through ‘wiich the law and its ministers, the judges and ‘awyers, fendeavers to ascertain the (ruth and to disyense Justice to the contending parties. 1. A lawyer may interview a witness in advance of tal to guide him in the management of the ligation 2. °A lawyer may also interview @ prospective witness for the cpposing side in any civil or criminal action without the consent of the ‘opposing 3. Alaw) ments from gsHaun Beda College of Laiv MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES] 33. Rule 21.02 - A lawyer shal! not, to. the disadvantage of his client, use information acquired in the course of amploymert, nor shall he use the same to his own advantage or that of @ third person, uniess the cllent wit’ full knowledge of the circumstances consents Rule 21.03 - A lawyer shell not, without the written consent of his ellent, give information from his fiies to an outsite ugency seckiny such Information for auditing, statistical, bookkeeping, accounting, data processing, or any similer purpose, Rule 21.04 « A lawyer may disclose the affairs ‘of # client of the firm to paninars or associates ‘hereof untess prohibited by the cllent. Rule 27.05 - A lawyer shell adopt such ‘measures as may be raquired to prevent those Whose services are utilizad by him, from disclosing vr using confidences or secrets of the cllerts, Rule 21.08 - A lawyer shall avold Indiscreet Conversation about a client's aifalrs even with members of his family. Rule 21.07 - A lawyer shall not revoa! that lie fas been consulted about. a.particular case except to avold possible conflict of interest (2002 BAR EXAMS), Canon 22: Withdrawal of Services (1994, 1995, 1997, 1998, 2000, 2001, .2004, 2006°.BAR, EXAMS) : as Termination of Attomey-Client Relationship 1. When the lawyer withdraws his services; 2. When the client discharges the lawyer; and 3. Other causes fat 8. Death of lawyer : b. Death of Client; 2 09 2 ©. Appointment of election of the lavijer to @ ‘government position “which : prohibits private practice of law: Fullterminstion of the case; - Disbarment of ‘suspention, of the iéwyer from the practice of avis! {. ..Intervening inoapacity:or intompetence of ‘he cient during peridency of casey: 9. Deciaration’ “of “presumptive, death. of lawyer and! 2a h. Conviction of @ eriina and impritonment of lawyer: : {I appoa fis roll ‘stances When a Counsel Can Withdraw His Servises (Canon 22 Rule 22.91): 4. When the client pursues an ilegal or immorat ‘course of conduct In eortnection with the case fe is handling: 2. When the client insists that the lawyar pursue 2 conduct in violation of the Code of Professional Responsibilty: When his inability to work with co-counsel will not promote the heat interast ofthe client; 4, When the mental of physical conditior. of the lawyer renders it dificull for him te carry on tha employment effectively, When the client deliberetely falls to pay the fees for the servicos uF falls to comply will the retainer agreement; G. When the lawyer finds ou: that he might be appearing for 8 conficting Int@vest, = + Note! In all the above cé¥es, tne lawyer ‘must tle @ vaitten mation with an express consent of his cllent and the court shall Setermine wheth:r se ought to be allowed to retire. 7. Whan the lawyer Is elected or appuinter. to public oftee; and 8. Other similar cases. Note: He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and atiomey, and on hearing, determine that he ought to be allowed to retire (Rule 138 Sec. 26 RRC). ‘The lawyer has no right to: presume that his Petition for withdrawal wil be granted ty the court. , Untit his withcrawal shall have been approved, the lawyer remains counsel of record who ‘expected by his client34 [2009 CENTRAUZED BAR OPERALIONS be confusion in the service of processos, pleadings and othr papers, ‘A. With just cause Lawyer Is not necessarily deprived of his right to be paid for his services. Ha may only be deprived of such right if tha cause for his dismissal constitutes In itself ¢ sufficient legal obstacle to recovery. B. Without just cause 1, And no expreas written agreement a8 to feos = reasonable value of his suivices "to the, dato of his dismiesal (quanturn wie wit) 2, And thore is written agreament ind the fee ‘stipulated is absolute and reasonale — full payment of compensation. 3, And the fee stipulated is contingent, 4, It dismissed before the conclusion of the action ~ reasonable value uf his services (quant um marult. 5. I contingency occurs or cient prevents its ‘occurrence = full amount. Note: Lawyer should question his dischsrye, otherwise he will only be allowed to recover cn quantum meruit basis, Limitations of Client's Right to Discharge His Counsel 1. Glient cannot deprive counse! of his right to bbe paid for services rendered if dismisyal 's without cause; 2. Client cannot discharge counsel as an excuse to secure repeated extensions of time: ans 3. Notice of discharge required in so far as court, and adverse party are concerned. Rule 22.02 - A lawyer who withdaws or Is discharged shall, subject w « retainer tien, Immediately turn over all pepera and property to which the cllent Is antitied, and shall cooperate with his successor in the orderly transfer of she “matter, including all Information necessary for the proper handling of the matter (1994, 1996, 1996, 1998, 2000 BAR EXAME), Dutios of @ Discharged ‘Lawyer or One who Withdraws 1. Immediately tum-over ail papers and property to which the client is entitled: and 2, To cooperate with his successor fi te aruesty transfer of the case, Conditions for Substitution of Couirsel (1997 BAR EXAM) 4, Whitton request for such substitation, 2. Written consent of the cllent: ant aa San Rea College of Lav Written consent of the attorney to be substituiad or in the absence thereo’, proof of Service of notice of said motion to the attorney to be substituted, Liobilti2s of a lawyer 8. Liability for Damages Requisitus (AW): 7 1. Attomey - ‘client relationship; 2. Want of reasonable ‘care & dilgerice by lawyer; and 3. Injury sustained by cilant as 8 proximate ‘esult of the lawyer's nagigence, Kinds uf Damages: 1, Nominal ~ where clent fost the itigation as a consequence -of lawyer's gross ‘omission or negligence; 2. Actualicompensatory; ” 3, Moral; and 4. Attorcey's fees Note: For nos. 24 there shiould be a showing that had the lawyer exercited due dlige.tca, his client would have succeeded In recovering from adverse party. B. Liability for Breach of Fiduclery Obligation Lawyer holds his client's fuinds or property in ‘rust for clients, and is obliged to make an ‘accounting of such funds that come to his Possession Effect of Failure to Return, Client's Money or Property after Demand 1. “Presumption that he misappropriated the same, iability in favor of client; 3. Criminal fiablity: and 4. Adinigh a wanting in related Btitioversy, that no ‘easona’ doubt its relevancy oF proprietyay es Han Beds College of Lavy + Pleadings should contain _plak concise statements of material Mf pleader goes beyord requisites cf law and alleges irrelevant matter, which is leloue, he loses his privilege and may be fable in @ separate sult ©. Liabilty for Costs of Suit General Rule; Losing cliest and not the lawyer is liable for costs of suit in favor of prevalling party, the lawyer not being a pertycitigant. Exception: Where the Inwyer insisted on cients patently unmeriorious case 0 interposed an appeal to delay tigation or thwart prompt Satisfaction uf pravaling party's Just and vaild'claim, the court may adjudge lawyer to pay treble costs cf suit D. Criminai Liabitty A lawyer may be held criminally liable it he ‘commits any of he following: 1, Causing prejudice to cilent thru maticious breach of professional duty or thru Inexcusable negligence or ignorance; or 2. Revealing ciient's secrets learned. in lawyer's professional capacity thru malicious breach of piofessional duty or inexzusable negigence or ignorance. Specific Acts that may Feesult to Criminet Liabilty 4. A lawyer who has undertaken the defense of client or nas recelved Confidential Information from sald dient in 4 case may be criminally lable. for Undertaking defense of opposing party in ‘same cause without consent of first cent IArt, 208, RPC]; 2. Allawyer Wino shall knowinaly Introduce in avicence in any judicial proceeding or to the tamage of another or who, with intent to cause” Such damage, shall use false document may he held criminally liable therefor (Art 172, REC... 3. A lawyer who mizappreprisies his etont's funds may be held labia for e Contempt of Court (1993, 1998 BAR EXAMS)" Nature: tis exerci¢ed on ihe'prasérvative and not ‘on the vindictive principle and on corrective rather than the retaliatory’ idea. ‘of punishment, tor Purposes that are Impersonol,.It-ls criminal in nature. ; “The power to punish for comierpt Io inherent in all cours. itis essential in the absarvance of order in MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES) 35, Jucicial proceedings and to. enforcement of Judgr ent, orders and writs, Kinds of Contempt: 4, Direct Contempt ~ consists of misbehavior in the presence of of so near a court or judge {o Interrupt or obetruct the proceedings b the court of the administration of justice. It Is punished summerlly; 2, Indirect or Constructive Contempt - one committed away from thé court. Invalsing ‘isobeciance of or reeletance to.a lawful wrt, process, order, judgment or command of the ‘court, of tending to beitle, degrade, obstruct, Interrupt or erabarrass the court; 3. Civil Contempt — fallure tg, do something ‘oraered by the court whieh is forthe benefit of ~ a party; and 4, Criminal Contempt — censisté, of any conduct directed against the authority*br dignity cf the: court ‘Acts of a Lawyer Cohstituting Contempt: 4. Misbehavor as officer of court; 2. Disobertience or resistance to court order, 3. Abuse or interference ‘with judicial proceedings; ‘Obstruction in administration of justice; Misleading courts; ‘Making false allegations, erticisms, insults, velied threats against the court; Aiding in unauthorized practice of law (suspended or o'sberred), Uniawft retention of clent’s funds; and ‘Advise client to co nmit contemptuous acts, Enel Senpeers. before w for any of the36 |2009 CENTRALIZED BAR OPERATIONS 212008 CENTRALIZED BAR oPERATIO causes mentlonsd in Section 27, Rule +38 (Section 16, Rulo 139-8); and 5. Probation (I8P Guidelinas) Other Sanction and Remedies (RALARRO;: 1. Restitution; 2. Assessment of Costs: ‘Limitation upon practice; Appolntment of a receiver; Bequirement that a tawyer take tne bar examination “oF | professional responsiblity examination; .* Requirement, that lawyer attend continuing ‘education courses; and 7. Qther requirements that the highest cout or disciplinary board deems consistent with the Purposes of the sanctions. Nole: The CA and RTC CANNOT disbar a lawyer, waen 2 Forms of Discipiinary Moa ‘©DIP) (2002, 2004 3AR EXAMS) 1. Warning ~ an act or fact of putting one on his Quard against an impending danger, av consequence or penalty; 2. Admonition ~ a gentie or tlendly reproot, mild febuke, waming, remindor, or counseling on @ fault, error or oversight," an expression ot authoritative advice: 3. Reprimand ~ a public and forma: censure or Severe reproot, administered to « person et fault by his superior officer or the bexly to whieh he belongs: 4. Suspension ~ temporary witihutding of « lawyer's right to practice his profession ay a lawyer for a cartain period or for an indent eviod of time; &. Definite D. Indefinite ~ qualified disbarment; lawyer determines for himselt how tong or how shot fis suspension shall last by proving {0 ‘court that he Is once again it to Tosume practice of aw 5. Gonsure ~ ofcal reprimand, 5. Biebarment ~it 13 the act of the Philippine Supreme Court of “withdrawing from” an attomay the right to praise a. The namo of {he fawyer Is stricken out from the Roll of Attorney 7 Ilerim” Suspension it is thy temporary Suspension of a lawyer from the practice of {aw pending impasiticn of final ciscipine, fe (WARS ~ PsecereEeEEeeeeereeere San Heda College of Laws nn eee College of Katy Incides, @ Suspension upon conviction of “serious erime’; or Suspension "when the lawyers Cuntinuing conduct ts oF 19 likely to cause immediite and serlois Injury to a’clent or pubic, & Brobation ~ it Is @ tention that allows @ lawyer to practice, law under specified conditions i Suspension and Disbarmyint (4990, 1991, 1992, 7283: 1934, 1996, 1998, 1999, 2000, 2001; 20021 4003, 2604, 2006, 2006, 2097 BAR EXAMS) ‘Nature of Proceedings Sul peneris, t's & claas of its own since t is eine civi nor criminal (2002, 2004 BAR EXAMS), % NOT @ civil action” becuse there is nelther plaintiff nar respondent, and Involves no private interest. The complainant is not @ party and has no {terest in the outcome except as all citizens have in the proper administration of justice. There Is no redtees tor privat grievance, b. NOT a criminal prosecution because it is ot meant as a punishment depriving idm Of source of WwelPood but rather to ensure that thoce who exercise the function should be competent, honorable and reliable su that the public may repese confidenice in them 2. Confidential in nature: Thres-tuld Purpose of the Confidentiality a Tenable the cit to make is investigation free from any extranesus Influerice or interferer >. Top ‘and professional irre cathe ana, professional R34, 28 by presenting the tostimany In a disvarment case orSean Beda College of Lavi MEMORY AID IN LEGAL ETHICS AND PRACHICAL EXERCISES) 37 sing it a8 impetiching evidence in a clvil suit (Villalon V. IAC, L-73751, September 1906) Defense of double jeopardy is not aveilabie, Can be initiated by the SC motu propio or by the IP. K can be intiated without 3 complaint; 8. Can proceed regarcless of interest of the complainants; 6. Imprescriptibie; 7. tis self due process of law. Grounds for Suspension or Disbarmant of Members of the Bar (2006 EAR EXAM) + The grounds for disbarment or suspension of a lawyer coneist of thos acts of misconduct ‘committed BEFORE and AFTER admission to practice. | * Alawyer maybe disciplined or suspended ‘or any misconduct, whether in his professional or private capacity, which stows him to be wanting in good moral character, honesty, probity, and good demearor, as to render him ‘unworthy to continue as an officer of the court (Ducal, Jr. v. Villalon, A.C. No. 3910, August 2000). ‘A. Ruie 138, Sec. 27 of the Revised Rules of Court: 1, Deceit ~ is a fraudulent and deceptive misrepresentation, arifice br device used by one or more persons to deceive and trick another, who is Ignorant of the true facts, to the prejudice nd damage of the party upon which it was imposed. Thore must be false representation ae a'matter of fact Example’, Misappropriation of client's fund); 2. Malpractice, or other gross misconduct in office = any malfeasance or dereliction of duiy commited by a lawyer (Example: Failure of lawyer to appeal and allowing the peilod of anpeel to lapse) (2067 BAR EXAMS); * Legal Malpractice ~ consists o' faire of an attomey to use such skill, prudence and diligence as lawyers of ordinary ekil and eapocily commonly posses and exerciso inthe performance ot. tasks which thoy undertake, and when auch fallira proximately causes demage, it gives rise to an action in tort (Tan Tek Bang v. David, A.C. No, 1261) 3. Grossly immoral conduct = that conduct Which is willful, flagrant or shameless and which shows @ moral indifference to the %, “rel a pinion ot the good and respectable ‘members of the community; + Mere Intimacy betwaen a lawyer end a woman ‘with..no. impediment. to marry each other, and who voluntarily cohabited and had two children, is neither 20 corrupt as to constitute & criminal act not 80 unprincipled as to warrant disbament of disciplinary action against he man a8 a member cfthe bar (Arciaga v. Maniwang A.C, No. 1608, August 1961). 4. Convietion of @ rime Involving moral turpitude; ‘Violation of oath of office; \Wiful disobedience of any lawful order of a superior court; and bi *. Corruptly or wilfully sppesring as an attumey for a party toa case without authority to 4080. B. Other Statutory ¢ rounds; 4. Acquisition c! an interest in the subject matter of the litigation, elther through purchase or assignment (Art. 1481, Clil Code); 2. Sreach of professional cuty, inexcusable negligence, or Ignorance, or for the revelation of the clients secrets (An. 208, Revised Penal Coded) 3. Representing conflicting Interests (Art. 208, Revised Penal Code). + Grounds for Disbarnert NOT Exclusive: A lawyer may b& removed from office or suspended frum the practice of law on grounds other than those specifically provided in the aw. The statutory enumeration Is not to be teken fal power of bar a lawyer (in rola 3967). SAR BEDAY38 |2009 CEt.TRAUZED BAR OPERATIONS ‘A member of tha Philippine Bar who wus disbarred or suspended fram tha practice of Jaw In a foreign jurisdiction where he has also been admitted as an attorney may be meted the same sanction as a member of the Phiippine “Bar for the same Infraction committed in the » foreign — jurisclction, However, suspension or diaberment In the Pnilippines The acts, wnich led to ‘his suspension in Guam, are mete grounds for disbarment or, ‘suspension in this juriaciction, arid only if the basis of the foralgn court's ‘action includes any of the grounds for divbarment or suspension In this. jurisdiction (Ince: ‘Suspension from the Practice of Lew in the Tuurtory of Guam of Atty, Maquora A.t. No. 793, July 2004) (2002, 2008 GAR EXAMS) Disbarment should not de decrued where any punishment tos severe such as reprimand, Suspension or fine would accomplish the end dusired (Amaya v. Tooson AC No. 5996, Fobnuary 2003) In the absence of convincing or ciently preponderant evidence, a disbarment case ‘should be dismissed. However, the court can stil impose cordltlons despite dismissat of disciplinary action against an erring lawyer, it the facts So warrant. In the event the lawyer falls to comply wlth such wonditlon, the court ‘may suspend or disbar him for disobedience of ts order, A lawyer who has been suspended or lsbarred cannot practice law withent ting held labie for contempt of court. The suspended lavyer may be « sbarred_ for violation “of the suspension order, Such judgment does not prohiblt pro so practice (Goaslin v. Navarro A.C.No. 2033, May 1990), Ifthe lawyer holds u government office which fequires membership inthe bar as an indlspensabla ‘qualifeation, ie may be dismissed from sald office (Colantes v. Renomeron A.C. N0.3056, August 1991), it oeare’ stressing that his suspension from the practice of iaw in Guam dons not automatically result in his B. Bro 1. San Bers College ct Lato pplication of the contempt power (Example: Forum shopping): Misleading court = ‘knowingly making false allegations in pleadings, misquoting jext of cocuments, suppressing material facts; ’ Preferring false cherges — fling or prosecuting false chaque" against another for his action Is violetve of the duty not to 449 falsehood nor consant to doing of any ‘in court, nor wittngly oF wilingly promote of sue any false, groundless, unlawful suit Requisites: ; a. Charges are fake: ang ©. Lawyer knows them to be 80 Introducing False Evidence = it Is a Violation of oath to dc no falsehood nor consent to the dofg. of any In cour, When fuse testimony Is material to Inquity oF relevant to issue, it requires suspension or disbarment. On the other hand, wtien the testimony is immaterial or irrelavant and does not cause substantia! Preludice, it only wamants lescer sanction, such is waraing or repdmend; Wilully disobeying rourt ordars ~ lawyer way be punished for contempt ang disciplined as an officer of the court; Using “icloys or disrespectful language constitutes direct contempt “and a Violation of the lewyer's oath and Code of Protessiona! Resporsibility; and Sontinuing to practice law ater suspension ~ constitutes gross Inlsconduct and. wilful disregard of suspension order. uch of Dutles to the Cilent: 2 of duties: spension er BREACH OF DUTIES OF A LAWYER A. Breach of Dutles to the Court: 1, Obstructing administration of justice — constitutes both professional misconduct caling for the exercise of disciplincry action a the lawyer and contumaciaus conduct. warranting hot acquire jon from sent norSan Leda College of Law MEMORY Ail) IN LEGAL ETHICS AND PRACTICAL EXERCISES) 39 C, Breach of Cutles to the Ba 1 use the same agains! the latter does no! excuse him from responsibilty (1999 BAR, EXAMS); Purchasing cllent's property in itigation; Requisites: a. Lawyer is counsel for client-at the time he acquired tie property b. Property is subject of litigation; €. Acquires it by himself or through another; and . Acquires property during pendency of litigation, Failing to account for, of misappropriating the client's property. - _presupposet fraudulent intent of lawyer. Immediate epzyment by lawyer of client's money or Property after demand but before Institution: by - clien of disharment Proceedings negates ‘raudulent intent, IF the lawyer-has a lien, it cannot ba used a8 an excuse for not making an accounting; Collecting ‘unreasonable fees - Where the law fixes the maximum amount which a lawyer may charge his citont, collection of more than what the law allows constitutes malpractice; Acting without authorily ~ a lawyer can bind ‘ollent without special power of atlorney only cn procedural matters, and ‘wilfully appearing a= counsel without being retained ~ It must be willful, corrupt of cuntumacious In order that he may be he Hiable. Unethical or unprofétsional conduct Wioiation of rules or ethical code of leyel profession; Defaming fellow lawyer ~ Use of improper ‘and objectionable language against another lawyer or accuslnig him wantonly ‘and maliciously, of. serlous misconduct ‘nthe -agonce.cf ‘teasonable cause constitutes. misconduct. Strongly worded statements by a tawyor against opposing lawyor, Hf Justiied by records, may not lustty discipiinary action against him; Encroaching upon business of another; Solleting business = holictaten for the purpose o gain, either personally or through pald" agents. io” MALPRACTICE, He is” a'so guilty.-of ‘malpractice for agreeing with’ a° norHlawyer to. divide attomey’s fees paid by clisits supplied and golicted by the ron-awyer; Advontising. D. Other Grounds for Olselplinu Nor-profeaeional Misconduct General Rule: Lawyer ‘may not be suspended or disbarred for misconduct In his non-professonai or private capacity. Exception: Where such Is 89 GROSS as. to show him te be morally unfit for office or unworthy ~f privilege, the court may be justified in suspending or removing him from the roll of altorneys (2005 BAR EXAMS). | : The issuance of worthless checks constitutes goss misconduct as ite effect transcends the private Interests of tho parties direcily involved ifthe {ransaction and touches the infgrests of tho community at laige It iia manifestation cf moral turpitude end disbarment Is the sippropriate penalty (Morano v. Araneta, ALC, No, 5368, Apri! 2008). # Gross immorality ~ an act of personal immorality on the part of the fawyer in his. private relation with opposite sex may put his character in.doubt, But to justify suspension ot disbarment, the ‘act must not only be IMMORAL, it must be GROSSLY IMMORAL (Abaigor v. Pox AM. No, 997, Soptembor 1979); ‘+ Grossly Immoral Conduct one so corrupt and false as to constitule a criminal act or $0 unprincipled. or disgraceful a to be repreheneibie to a high degree. crAD ]2009 CENTRALIZED BAR OPERATIONS contrary to rules of right conduct, honesty or morally n civilized community: 3. Promoting to Violate or Violating Pena Laws: 4. Misconduct in Discharge of Official Duties =A lawyer who holds a govenninient office may not be disciplined as a member of the hor for misconduct in the discharge of his duties a8 a government official if the isco duct, however, isin vielation of the Code of Profeasional Responsihity or of his oath a3 a lawye: ui is of such a character a8 to affect lis qualifications as a lawyer, he may be subject to disciplinary action such as disbarment (Collantes v. Renomaron, supra). This rule does not appl to impeachabie officials like SC Justices, Memibers of the Constitutional Commission and ‘Ombudsman: because they can be removed only by impeachint Where a lawyer's miscontict as 2 ‘government official is uf such naiure as to affect his qualification as a lawyer or to show moral delinquency, ther 8 may be disciplined as a member of the bar on suich grounds. As an officer of the court, a lawyer is subject to a rigid aisciptine that demands that in his evary execution, the only citerion be that truth and justice triumph (All v. Bubong AM. No P-03- 1736, March 2008) 5. Commission of Fraud or Falsehood: ana 6. Misconduct as Notary Public ~ 8 applying for having himself commissioned ‘28 notary putile, 8 lawyer assumes duties in a dual capacity, the non-pertormance ‘of which be may be a ground for discipline a8 a member ofthe bar. Officoy . Authorized to INVESTIGATE Dioharment Cases: 3 Integrated Bar of the Philippines (IGP) through its Commission on Bar Discipline or authorized investigators; anc Office of the Solletor General, GRIEVANCE PROCEDURE, "Di 38ARMEN7, SUSPENSION AND DISCIPLINE OF ATTORNEYS Proceedings for tie disbarment, suspension ‘and dlacipiine of attorneys may bu akon: 1. a0 by the Supreme Court motu prov: ur san Bera College of Lay 2 by ti t8P upon the veriied complaint of any person ‘The 1BP Board of Governcrs may Initiate and prosecute proper charges against erring ‘uttorneya Including thoae In government: | inota propia, of 7 2, upon roferra by the $C, of 3. by a Chapter Board of Offigers, or 4, atthe instance of any person; The comma must be: verifisds ; 2 Sate" eal and erncsely the fens complained of, 2. supoortsd by affidavits uf parsons having porsonal knowledge o! the facts. therein alleged, or by such documents as may substantiate i and 4. sly (6 copies siall be flee with the Secretary Of 18P or any of ts Chapiers, Procedural Steps for Disbarinent in the IBP 1. The Uoard of Governors ‘shall appoint fro:n among the IBP membe's an Investigator or ‘when special circumstances so warrant, a Panel of three investigators to inveatigate the complaint. 2. Ifthe complaint is meriterious, the responder shal be served with a copy requiring him to answer within 15 days from service, 3. The iespondent shall fle a verified answer containing six (6) coples; after receipt of the answor ot lapse of the period ta do $0, tive Supreme Court, may, motu propio or at the instance of the IP Board of Governors, upan recommendation by the investigator, suspend an attomey trom pracica, for any of the ‘See. 27, during thegan Beda College of jiaty 7. If the decision Isa finding of gui of the charges, the IBP Bourd. of Governors shall issue a resolution setting forth ite findings and recommendations which shall be trensmitted to the Supreme Court for final action together wits the record, Mf the decision is ‘fer exorieration, or if the {oss than suspension or dismissal, ll issue a decision excnerating the respondent or impusing a lesser sanction, The resolution exonerating the revpondent shall be considered as terminating the case Unless ‘upon petition’ of the complainant or ‘other intarested party fled with the Supreme Court within 18 days from notice of the Board's decision, + Motion’ for “Reconsideration of tho iBP. decis!n shall:be afforded the parties: 1. The IGP ntust first afford a chance to elther ary to fle a motion for reconsideration oi the IBP resolution containing its findings and recommendations within 18 daye from notice of receipt by the partles therson; 2. If motion for reconsideration ‘has been timely fled by an agerleved party, the IBP ‘muet first recolve the seme piior to elevating to this Court the subject resolution together with the whole record of the case; 3, If ne motion for reconsideration has been filed within the period provided for, the IGP Is dlrecies te forthwith transmit to this Court for \ final action. the subject resolution together win the whelo record of the case; and 4, Apparty desiring to appeal from the resolution of the IBP may file a petition for review befor this Court within 15 daya from notice of said resolution sought to be reviewed (Ramientes v. Ally, Reyala A.C; No. 7085, July’ 2006). MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES) 41 Ey [Wain’2 days tom tha receipt of the vento cama, SP wil cane te neuen of simmons Ye wspandent (Rute Sec. 3) eg Filing of veiied anewor win 16 dove by fesyoten rn reap ef ur ymons (le 0c. 3) a, ‘Assignment of te favesigaing Gommiesioner 10) by rtf ul V Bec. 2) —— x Uno. ‘Mandetry Gonference agroomant ot |. |. irwdletaly upon the partos or] |i: sraoarto! verted Upon etlonw (Rule V Bec, 1) “Subinlesion of vated Posie. papers wih a ‘othe Board of | | non-exandie period Governors, IC | | of todays tom notica ‘al eaer to ‘oftaminaton ef he the chapter | | mandatory conference, President (uleV Sec) ‘concerned the receptonet | 2 ewonca, r ater (Rue supra of verted S00, 4) posion papers by t pera Evidence onwared by Chapter President io {C for avalon and ‘cansideration Inthe properalion of ie repot of recommendation Rule Wer.) Tet vet] [sense of nese Toorng dts or "yl aut te te ceatestory questoringt A fordestbn (tuo Chalo Bae 3) fe Beare) TA u ‘Sulbmican of rpart ang xcommendation of a the Board within 90 caloric days tom dala of order subating ate for decorum (Rule V S60 7) aL42 {2009 CENTRALIZED BAR OPCRATIONS 2. If referred, the investigator shall p oceed with tho investigation and make a report to the Supreme Court Rules on the imposition of Penalties 1. Incase of Suspension Diviion~ 1 year or less En Bano ~ exceeds 1 year 2, Incase of Fine Diviston ~ P10,000 or less En Bano ~ P10,000 or nore 3, In case of bath Suspension and Fine - en bane ifthe suepension exceads 1 year or the, fine eyceeds 10,000 4, In case of 2 of more suspensions ~ service wil be successive, not simultaneous ‘An invastigating Judge cannot dismiiss @ case. The investigating Judge's authority is only to lnvestigate,”mcke report and recommendation on the case to be submitted to the SC for finat determination (Garciano v. ‘Sebastian A.M. MTJ-88-160, March 1904). Effect of des.stance, withdrawal of complaint ‘of “nomappearance of complainant in disbarmont proceedings 1. The desistance or the withdrawal of the complainant of the charges against a Judgellawyer does not deprive the court the authority to proceed to determine the matter. Nor does it necessarily rusult In the dismissal of the complaint except when, es a consequence of the withdrawal or desistance ‘no evidence Is adduced to prove the charges, 2. A disbarment proceeding is neittier civil nor criminal but one prosscuted solely for the public Interest, What is important is. whether tha charges against the respondent have been duly proved 3. The same principle applies to adrninistrative charges against judges, DOCTRINE OF RES IPSA LOQUITUR (THE THING SPEAKS FOR ITBELF) (1996, 2003 BAR EXAMS) + This prinelple. oF doctrine -applios to both Judges and lewyers, Judges had been from the service without need ot a formal Investigation because based on the the gross misconduct or inefficiency of tha Jiidges clearly appears (Liy v. Morcado AM. NO.R-Q66-MTJ, Septoinbur 1987). + Tha same principle applies to lawyers. Thus, whero on the basis of the lawyer's comment ‘or answar to @ show-catise onter of SC. it appears that the lawyer has so conducied himself in a manner which exhibits tis blatant disrespect to the cout, oF his want of good San Beda College of Lato moral character or tis violation of the attorney's oath, he lawyer may be suspended ur disbarred without need of a triltype preceeding. Wat counts ts thet the lawyer has bean given the opportunity to alr his sige (Pradae.tial Bank v. Castro. A.M, No. 2756, tune 1986) Dotensos + The purpose and nature of disbarment proceedings make the number of defenses available In civil ard criminal actions. INAPPLICABLE in disciplinary proceedings. The Statute of Limitations is not @ defonse in discipinary proceedings nor does the fact tne cifcumstance that facts set Up aa ground for disbarinent constitute crime the prosecuticit for which in criminal action Is ‘barred by prescription, preckide the ~ dlobarment provending + However, the fact that a considerable fength of time has lapsed trom the dale the misconduct took place to. the dale the complaint for disbarment was. fled, may indicate ulterior motive on the part of complainant cr Innocence on ‘the ‘part of respondent Modifying Gircuimstancas: The extent of disciplinary action depends on the attendance of Initigating or aggravating circumstances A. Mitigating Circumstances ‘Absence of a prior dsciplinary rerord; Absence of dishonest or selfish motive; Fersonal or emotional problems; Timely good faith effort to make restitution oF to recify consequences ot misconduct;San Bev College of Lary 5. Bad faith obstruction of the sisciplinary Proceeding by intemionally failing 10 comply with rules or orders cf the disciptinary agency. 6. Submission of false “evidence, false statements, of other ceceptive practices dring the disciplinary process; 7. Relusal to ecknowledre wrongful nature of conduct; 8. Vulnerability of victim; 8. Sutstantial experience in the practice of law, and 10. Indifferencs to making restitution (18 Guidelines 9,22) ©. Nelther Aggravating nor Mitigating Circumstances 4. Foreed of compelled restitution 2. Agrecing ‘to the client's demand for ccerisin improper behavior or result, 3. Withdrawat of complaint against the lawyer, 4, Resignation prior 10 disciplinary proceedings; 5. Gomplainant’s recommendation as to tions, re of injured client to complain (iAP Guidelines 9.4), completion. of, EFFECT Gl! EXECUTIVE PARDON (1994, 1998, BAR EXAMS) Absolute Pardon after disbarment case: An absolute pardon granted to @ lowyer who nas, been previously disbarred for conviction of a crime invoiving moral turpitude does not ‘automatically entitle him to reinstatement. Tha matter of his relnctatement is st) subject to the decision of the SC. He should still show by evidence aside from the absolute pardon that he Is now a person of good moral sharacter, 3 fit and proper person to practice law (in re Rovero. AC. 128, December 29, 1980) Absolute Pardon priof to uisbarment cas Where the proceedings to elrike an attorney's name from the rolls are founded on, and depend alone, on a statute making the fact of conviction tor a felony ground for disbarment, it has been held that @ absolute pardon operates to wipe out the conviction and fs a bar to any proceeding for disbarment cf the altomey after the pardon has been granted (In re. Atty. Percaslo, AC. 1000, Feruary 18, 1976). But where the proceeding to disbar en attomey are founded on professional misconduct involved in a transaction which has culmineted in a conviction of felony, it has been held that while the effect of pardon is to relieve him of the penal consequences of his att, ' does ot operate as a bar to the disbarment MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES 43, proceeding, inasmuch as the criminal acts may nevertieless constitula proof that the attomey does not possess a ood mort charactey and is not a Mil or proper person to retain his license to practice law (In re Lontue, 43 Phil, 293,192), Note futher, thet in tha light of recent court pronouncements (that @ , lawyer, may be disciplined even for non-professionel misconduct), ‘one may argue that a laviyet convieted of a orime involving moral turpitude, “ and subsequently receives absolute pardon, may stil be proceeded against under the Code of Professional Responsibility even If the acts of which he is he was ‘ound guilty did not Involve professional irisconduet (A modification of tn Re Lontok, supra) The ground for the pettonitor disciplinary action under the Cede must, however, not be founded alone on the conviction:but must be based on the acts committed by tke lawyer wileh * rendered him morally unfit to be.@ member of tho bar. (Legal and Judicial Fihics A Fre-woek Reviewer. Aguirre. 2006 Edition) Conditional Pardon: Pardon grontud to responden: here is not absolute but conditional, and merely remitted the unexecuted portion of his term. I: does not reach the ofense itself. Hence, pardon will not operate as ¢ bar to disbarment proceedings (in Ro Guliorrez. AC 1-263. July 31, 1962), EFFECTS OF DEATH OF LAWVER DURING PENDENCY OF DISCIPLINARY ACTION AGAIAST HIM 1, Renders action muo! and academic; 2. Butthe court may stil resoive the case on its ‘merit in order to clear publicly the nanve of the lawyer, REIUSTA relnstatemen Resgrcumstances that he 3 been silficienty pulished and disciplined a44 |2009 CENTRALIZED BAR OPERATIONS (Prudential Bank ¥. Benjamin Grecia, A.M. 2756 June 1988). 5. applicant's appreciation ofthe significance of his dereliction and his assurance that he now possesses the requisite probity and integrity, ‘and 7. favorable endorsement of the 18P and pleas ‘of his loved ones (Yap Tan v. Sabundal, BM, 1No.144, February 1989} ‘The court may require applicant for reinstatement to enroll in and pass the required fourth year review classes In a recognized law nck 2. ‘A previously disbarred tawyer.wio Is given absolute pardon by the Prosident is not aulomatically reinstated, he must tit fle a Paliton for reinstatement with the SC (Cui vs, Cul supra;-tn re: Ruslana AO. No.£70, March 1974), onditlon for Relfgtatemont - A lawyer who has. been suapended oF disbarred may be reinstated when the SC ts convinced that he has already Possessed the requisites of probity and intzgrity neooasary to guarantee his worth to practice his profession, Effects of Reinstatement 1. Recognition of moral rehabilitation and mental fitness to practice law; 2. Lawyer shall be subject to same iaw, rules and regulations as those applicabil to any ‘other lawyer; and 3. Lawyer must comply with the coruitions Imposed on his readmissicr. RO whuaiics JUDICIAL, ETHICS Is 9 branch of mora! science which treats of the.right and proper conduct to 08 observed by all judges and magistrates in trying and deciding cont‘oversies brought to them for ‘adjudication which ‘conduct must be. demonstrativo of Impartiality, integrity, competence, independence, and freedom trom improprities. Court ~ 1s a board or other tribunal, which dacives a litigation or contest. Judge ~ is a public officer who, by virtue of his ‘offico, is clothed with judicial author. Do Juro Judge - is one who Is wxercising the office o* a judge aa a matter of right; an otficer of ‘a court who has been duly and legally appointed ot Hat Beds Collese of Las De Facto Judge ~ is an officer who Is not fully Invested with all the powers and duties conceded 1D judges, but exercising the office of a judge nde Somie color of right Quatificacions of Justices and Judges, A. Supreme Court and Caurt of Appeals Justices 4. Naturar-bom citizen of the Philippines; 2. Atleast 40 yeers o age: 3. Must heve been for 15 years or more a Judge of a lower court or engaged in the practice of law; and 4, Must be a person of aroven competence, integrity, probity ard independence. RTC Judges (1997 BAR EXAMS) 1. Citizen of the Priliopines (J8C-009- Rules of the Jugidal:-and Bar Council, in accardance with Ait Vill, Sec 7, pat 2 of fhe Constitution) ee 2, Atleast 38 yeurs of age; and 3. For at least 10 yedrs has been engaged ‘in the practice of law In the Philippines or hes held a public office in the Philippines requiring admission to the practice of law ‘a3 an indispensable requisite. C. mT Judges 4. Citizen of the Philippines (J8C-003- Rules of the Juaicat and Bar Councii, 9 accordance with Art Vil, Sec 7, par 2 of the Constitution) 2. Atleast 30 years cf age; and 3. For atleast § years has been engaged in the practice ef law in the Philippines or inus heid pubic cffice in the Philippines requiring admissicn to the practice of law asen ea requisite Judisic! fest Cesotencicl to 3 jupaxperics 6. pac pA ion E ‘fom appearance’ of Impcontity in thelr personalMia dation but tral of Impaeial Judge :cA Judge ‘should not only sender Jutt.'correct and impartial decision but should: 9030 4n.a manner free from suspicion as tos falmess and impartiaity.and as to his ntcarty, These sre inispensable requisites of cue proce: . ee i oda}, of sludliclal "Conduct for th Phifippine : Judiciary (AM, °No, 00.08-01-86 buna 4, 2008) (20 EXAMS): This. code ‘supersede ot ica Ethics and the ‘Code cf Judicial: Conduct: othe extent that the Provisions or. concépts” are embodied in this. Code, provided that If Se of aaseney or ‘absence of specific, provisions In.this Code, the ‘Canons of Judicial Ethics and the ‘Code of Judiclu) “OME Equality st i" Competence and Biigence i» To. update aid correlate ths Cove x ‘Judiclal: Cabduet: “and, tle Canons of dusicial Ethics; adopted for the. Philppines, ind. also. to. etreps Laser solidarity ‘with the’ univereal 8 universal code até in the puccut of to displeuse any Aan 16 be equipped wih + 8 warrant of arrest againat the:abcused fa" ‘i MEMORY AID IN LEGAL ETHICS AND PI . (s\_wevow apn uen emse vormenen pe @ moral fiber strong enough to. resist tem nptations.. (Hames v. CopusMacandeg, AM NO. F-SBt- RTD, September 1980)." Judges are required, to rule folly: regardless of pubic clamor (Libaris v. Dabalos A.M, NO. RT. 89-266, ly 14, 1991) Tne presdure of a rally demanding “he lesusince oF ta suffclent excuse for the unjustied’ haste Judge's act of hung bal; ivthou aati. In” every cate, @ Judge should endeavor digentl to asceriain the facte and applicable law'unswayed by partisan or personal Interests, pub opinion or fear of eilem, More than just a brosehof down by the Code, judges pressures and, as a reeul, ‘knowingly ignore proven facts or misapply the, aw th fetderng’@ {ecision commit" corruption end "face beth administrative and criminal prosecution ulder RA No, 3919 ~ Ant-Graft and Corrupt Practices Act, ‘and Article 204, Revised Penal Code, Q Section 2 - in porformig” juaelal® duos, Judges shall ‘bo Inclependent. trom:‘judiclal = colleagues in respect.of. scene wiileh the, Judge is obliged to make in nity, Section 3 - Judges. shall.‘refrali trom influencing tn any manner the, out of Mitigation or disp 9 pending ‘bitore “another. coun of administrative, agency (Rule, 2,04, Canon 2, 198y' Code ; of; Conduct46 |2009 CENTRALIZED BAR OPERATIONS Juitetal office shall not be usec or tent to ‘advance, the p-ivate Interests of others, nor convey ‘or permit others 10 convoy’ the Impression that they are in a spacial position to Influence the Judya (Rule 2.03, Canon 2, 1989 Code) (2007, 2008 BAR EXAMS), declsion itself But alsa tg the proceat yi Mihai the: ineticiensy’ springs, from @ failure to orld po, asic and elerental arc law or ‘in the discharge ot his duties, « Judge Is roo incompetent, ing of the 5 and tte fie holds, or he.\s too vicious that ~ the oversight or omisslon wag.delibarately done In «bad felth and Ip: grave abuse of judicial authorily Jacalinal: a Toh AM. No... RTL97-1975, -undes vet be te dst Alpe be agar to be yen enforce” the law, it Is ro pecan ‘tatu, should act and behave Incauch @ manner that the partes befors. them “should have confidence’ in their Impartiality4 2008 coviiauzen aanovtnarions * bias or prejudice on the part of the judge (Gochan ¥. Gachan GR. No. 1499089 etiniary 27, 2003). Soction 2 Judges shal! ansure that his or tier conduct; both In and out of court, maintains and enhances the confidence of tho ;.ubilc, the legal, profession and Jitigants In the Imparttalty of the jidge and of the Judiciary. ld behave at oll. times in a way that m rate tort nce in the Integrity and Inpartalty 8 tha liclery: The ‘aposarance of bias or prejudice ‘can'be as’ damaging to public, confers. and the adninisiat of justicy a8 actual, Blas oF’ prejudice, tidges shall peitorm their Judiclal duties without favor, bias or: Preludie (Montemayor: y. Ber AM. No. MTJ-04-1835, Maven 12/2008) 7 Section. 3 = Meo, ‘Judges; shall, so far as is reasonable, 8 conduct themselves 25 to mininize the ‘Qccasions on which it will be aoceseehy (Atsam be’ cleacartiad ton hearing ov deciding dexea, “Duty't6 Sit*"means that it Is imperative that Judges. ensure that they would’ not be ‘unnecessary disqualified from a case. ~ Judges may, in thelr, exercise of sound discretion, estict themselvas voluntarily from sitting in a ase, but auch a decision should be based on ‘9C0d, sound oF ethical grounds, or for just end valid reasons, It Ie not enough that a party casts, some, tenuous allegations of partiality at the ludge, Pte i ‘The rule’of disqualification of jdges must yield to demands'of necesalty, A ludge Is not disqualifed to sit In a case i thera Is no other judge available to hear and decide the case, When all judges would be disqualified, disqualification wil not be permitted to destroy the only triounal with power In the premised! The.‘doctrine operates on ihe ‘Principle that a, Bale ludge le better than no judge at all, Under sreh'clreumatances, itis the duty of the disqualified: judge to. hear ‘and decide the controversy, however disagreeablo’ it may bu (Parayno v. Mendses G.R. No. 112684, Avil 20, 1994). * shiidges'shall riot knowingly, while ‘8 proceesdtiig .s before‘or could come before them, make any commont that might reasonably be expected to affuct te outcome ‘of such or Impair the manifest falas of the process. Nor shall judges make any commiant In pubile or otherwise that might atfoct the fair tal of any person or Iss: 3 Sit Meda College of Lay Judges should’ avoid ark hasty: Conclusions, . loose”. statementa’: or,” gratuitous’? Uutlerances that suggest that they are prejudging a”! cast. Not only ls ‘there :, danger’ ‘of. being misquoted, but also of com the litigants in the casa}! “1 Suetepes tae aieas eee However, “not. all coumenta” by : Judges . are impermis,i'Mecoe pr aead pan mindedness regarding’*’ pending Bada ahd thi Judge's comments do'not clearly favor: one” side!, verte oner egteaton 8 eu Judges and justicas“ére’ nob ‘dequaified. fom participating in a case simply. becavee: they have: ‘aritten legal. a an eee tea ve case (Chaver v. Publi Eatalosalinagny Gr 133280, May 6, 2003). ") FV 9 Po Disquaittication ‘and’ inpibition ' (2004, 200 2008 BAR EXAMS): MY Section § - Judges shell disqualify themsekian frora participating In any préceodings in whic they aro unable “to < decide: the. matter impartially or in which it may appear to:a reasonable observer that they are’ unable; to decide the matter ily. Such Proceedings, Include, but are NOT LIMITEL to Instances whgre: x 1. The Judge has setual blag or peajudic concerning a party or personal knowledge of disputed evidentiary facts, conceming the procesdings; ; f 2. The judge previously se was a materlal witness controversy; ; The juciga or a member of his oF her ¢é fas an economic interest In the outcom ofthe Kersy: ‘ae ‘or, [as a lawyer. in the mattor in the righta:of 2 In thes itSan Beda College of Ho affected by the outecme of the procendings. : Litigants are entitled to a jicdge who will decide on. the ments of the facts presented, Steet compliance with the rules on disqualification is required, The petition te disqualify a judge must be. fled before rendition of the judgment, end cannot be ralsed on appeal, Otherwise, the parties are deemed to have waived any objection regarding the Impartiality ofthe judge. ‘A minicipal judge whe fled complaints In his own ‘court for robbery and malicicus mischief against w party for the purpose of protecting the property Interests of the ‘oc-heirs, end then issued warrants of arrest agalnst the. party, wos, found guilty of serious misconduct, and ordered dismissed from the bench before he was ablu to Fecuse himself (Cktubre v. Velasco AM. No. MT. 02-92-1444, July 20, 2004), An Associate Justice of the Court of Appeals refused to inhibit himself from reviewing the decision In a case which he had partially heard an a trial judge prior to his promation, on the ground that the decision was not written by him. The ‘Supreme Court upheld his refusal, but nevertheless commented that ne should have been more prudent and circumspect and declined to take on the case owing to his eariler Involvement in the casé (Sandoval v. Court of Appeals G.R.No. 106657 August 1, 1996). Section § - A Judge disqualified as, stated above may, Instead of withdrawing frem the proceeding, disclose on the records the basis of aisquaiffication. if, based on such disclosure, the parties. and lawyers, Independently of the Judge's participation, all agree in writing that ifie reason for inhibition fs immaterial or unsubstantlal, the Judge may then particioate in the preceeding. The ‘ogreement, signed.by all parties and lawyers, shall be Incorporated in the record of the proceedings [Rule 3.13, Cenon 3, 1689 Code}. Requirements to continid hearng the ‘cose, despa bxistence of reasons for disqualification: 4, Bona. fide. disclosure to,” the. "parties-in- tigation tye gh “ ‘and 2 Enon sconce by ail the parties'of the cited reason as hot material or substaritial, Note: Absent ny of these, the judge may not continue to hear the case To offectively remit dlsqualifcotion, @ judgo musi disclose on the record the basis of tno MEMCRY AlO IN LEGAL ETHICS AND PRACTICAL EXERCISES| ‘isqualifcation and ask parties and lawyers to consider, out’of the ptescnce of the Judge, whether te walve diaquslification, 48 long a6 the disqualification ls not. based upon personal bias of prejusioe, the parties and lawyers may all agree that the judge shoule ‘not be lsquelified, I al patties and the Judge agres that the judge #hould participate, the judge may participate, and must corporate the agreement into’ the record of the proceeding Grounds tor Disqualifigstion and inition of Judges under the Rules of Court: (PREP) 4, Mandatory or Compulsory Diaqualification (Rule 197, ROO) s when he, or hin. wie, or child ts ecuriarly Interesed Me her, legate, creditor or otherwise b, when he Is relatée toldither party within the shth (6%) degree of consanguinity of affinity or to counsel within the fourth (4) elvil degree; ‘when he has been an executor, guardian, administrator, trustee or counsel; or ¢. when he has presided in an Inferior court where his ruling or decision Is subject to review. Voluntary Inhibition (1981, 1904, 2005 SAR EXAMS): A judge. may, In the exercise of his sound discretion, disqualify himsef, for just and valid reasons other than those mentioned above (Section 1, Ruta 137). This leaves the discretion to the judge to decide for himse f questions as to whether he will desist from siting in a case for other just and valid reasons with only his conscience to guide him, unless he cannot discern for 3550 |2009 CENTRALIZED BAR OPERATIONS. Renee ‘The Rules snumerates | The Rules does not the epectic ond expressly enumerate ‘excluslve grounds ° | the specific grounds ‘under which any judge | for inhibiton but or alicia) officer is” | mervly gives a broad iequalified from acting | basta erect, Le jus such. }300d, sound or ethical grounds, Rules leaves the matter of inhibition to the sound discretion of the judge i The second paragraph of Section 1, Rule 197 does not give the judge the unfettered discretion to decide whether of not he will desist from hearing a case, The inhibition must be for just and valid causes. THe mere imputation of bias or partiality Is not enough ground for a judge to Inhibl, especlaliyewhen the Same is without any basis (People vs. Kho GR. No. 139381, Apri 20, 2004) (1991, 1984 BAR EXAMS). [Rules give the judicial loficer no discretion to tty oF sit in a case, Canon 4: Propriety (2005 BAR & San Beda College of Hate MEMORY Alb IN LEGAL ETHICS AND ORACTICAL EXERCISES) 51. couit's impart, Interfere with the proper Performance of judicial ‘ectiviies, or increase lavolvement with tawyess or persons fhkery to ‘come before the court. ‘When judge, along with two" other people, acted 28 real estate agents for the sale of a parcel of land for which he agreed to give a commission of P 100,000 to each of his companions, and after the wansaction wes completed only gave the complainants P25,000 each, the high Court held that the judge violated {te section of the prior Code of Judicial Conduct (Cethagan v. Barto A.M. No, MTJ~ 02 ~ 1452 Apri! 2005). Section 8 - Judges shall not use or lend tho prestige of the judicial otfice to advance “helt Private interests, or thosw of a momber of thelr family o1 of enyone else, nor chal they convey ‘or permit others to convey the Impression that anyone is in @ special position improperly to Influence thera in the performance of judicial duties, ‘This rule has TWO PARTS: 1. A ludge may not use jurticial office to advance private Interests, Reszondent judge took advantage of his position as a Makati RTC iudge, by fig In the Makati court a collection case in which he and his wife were the coniplainants. The ‘Court ruted that although a stipulation inthe contract gave the judge, as crediter, choice of Venue, the judge had nonetheless fallen short ‘of what is expected of him as a judicial officer. ‘This act of the judge would lead tha publis, and In particular the judge's adversary, to suspect that the Judge would use the choice of venue as @ means to exert influence in favor of himsett (Javier v De Guzman AM, "No. RTJ-68-380 Dedem>ar 19, 1990). 2.- A judge may not give the impression that he oy she can be Influenced to use the judietal ‘fice to. advance ths private interests of thsi. + Tigkotshatng’ = available, under judletal contro}; to Judge: Malntenaiice of profession! competencs (Rule 301, Canon 3, 1989 Code). Service in the judiciary means @ continuous study and research on the taw from beginning to end, Judges are not, however. expected to be intalibie; not every error or regularity committed by judges in the performance of officiel cuties Is subject to admin.stratve sanction. Ir the absence of bad faith, fraud, dishonesty, oF deliberate intent to do Injustice, incorrect rulings do 1.ot consti tnlsconduet and may not give ris» to a charge of ‘g1oas Ignorance, of the law (G.uz vs. lurraioo AM, No, MTU-03'1776, Apri 200: Saction 4 - Judges, ‘shall knop themselves informed -about;‘ralevant” developments of Intemational. gw, “Including . Intemational conventions ‘hand’ Sather . , Instruments ‘establishing human fights norms. : Nonny of internationat aw becomé the concer of judges because they form part of legal standards by which thelr competence and diligence required by thie Coda are to be measueu. ty i Soction 8": Judaes* shall perforin ai! judicial dutles, Including. the delivery of rosuivad decisions, yj, felrty’. and with reasonable jasa (Canon 18, Canons of Judtelal Ethics; Rule 1,02, Canon 1, 1989 Goce; ‘Rua 3.02 and 9.09, Cunon 3, 1989 Code). <= 34 San Meda College of Law ae ae A judge may be subject to an administrative fine for inefficiency, neglect, and unreasonable delay... in elevating ine records of a civil case to the Court of Appeals. Sets ea A delay of three years In the transmission of court: Fecords 1) the appeitete ‘cout, where’ a pariod of 40 days 1s required, 's inexcusable (Patelecn vs, Gudte2 A.M. No. 8TJ-90-1828, Uaridanf 2000). 1 Seto i PI Sactlan'6 = Judges Bie 248) decorum In ell proceedings’ befars' the: court: and’ be patient, ‘dignified dite courtBous in’ relation to Migants,: witriesdea!: lav’yers: and’. ‘others with whom the judge deais In an officlal capacity. Judges shill raquire sitillar: conuuct:* of lagal representatives, court staff and uthers subject to their influence, ‘direction er control (Ruio 3.03, Canon 3, in relation with Rule 3.08, " 1989 Code, ule 3.09 Canon 3, 1988 Code) Respondent judge was iy. committing acts unbecoming ‘of @ jude aiid ‘abuse’ of. authoriy when he shouted Invectives and threw a chair at {ha complainant, resulting'in: wrist a injuriss to the complainant (Bhones v, AWM, No. MTH02-1411, April 2002) Respondent judge wus founo guilty of serious misconduct and inefficiency by reason of habitual tarainess. He ‘was fined! and suspended for judicial indolence (Yu-sisensi v, Villanueva AWN. No. ‘ATS-00-4245, January 2000). Sector 7 + Judges shall: not engago” In corduct Incompatible with the diligent Gischarge of judicial dutles, provig BF, poriorn Sia dignity of Than 1. Write, (ete subjects;if San Beda College of Katy __ MEMORY AID IN LEGAL CTHICS AND PRACTICAL EXERCISES] 55 2. Engage in the arts, sports and other special recreational activities: 3,, Patticipate in civic and charitable activites; and 4. Serve as an officer, director, trustee, of non legal advisor of a non-prufii or non-political, educetional, religious, charitable, and fraternal or civic organization (Rule 5.01). Financial ectivitios A judge shall refrain from financial and business deatings: 1. that tend to reflect adversely on the court's impartiality; 2 that interfere with the proper performance of judicial cctivties, 3. that increase Involvement with lawyers or Batons likely to come before the court (Rule 502) «A Judge shisuld so manage investmenis and. other financial interests as to Minimize the number oF cases giving . » grovnds for disqualification, ‘+ Subjoct to the provisions of the preceding nile, a judge may hold and manage investments but should nol serve as an offcer, director, manager, advisor, of employee of any business oxcep! as director of a family business of the judge (Rute 5,03) Fiductary Activities 7 ‘A. Profititinn to serve as” executor, ‘administrator, ete, General Rule; The judge shall NOT serve as (a) executor, (b) administrator, (c) trustee, (d) guardian. (e} fiduciary Exception: When the: estate, trust, ward or i Person for whom he will:act as. executor, administrator, trustee, guatdian or fduclary is. 8 member of the immediate tantly ~ which is limited to the spouse and relatives within the second degree of consanguinity ~ provided that the judge's. snrvices.as fiduciary shall nol Interfere with the performance of his Judicial functions (Rule. 6.06) (2005 BAR EXAMS). As a farnily fiduciary, a judge shall not: @. serve in proceedings that might come before the court of sald judga; or, b, “act as such conirary to Rules 8.02 to 6.05 Note: Tho relationshia “mentioned Is by consanguinity and not by affinity, 8. Prohibition to be appointed in quasijudicial and administrative agencies A judge shall not accept appointment or designation to any agency performing quasi Jucicial or administrative functions (Rule 6,09) The prohibition is | ased cn Section 12, Art, Vill of the Consittu.ion, whieh provides: "The members of the Supreme Court and of other courts. established by law. shall not be Gesignated to any agency performing quasi- Judicial or administrative functions.” Reason: The appointrient to. such postions ‘wil ckely interfero with the performance of the jusicial functions of a Judge. ©. Prohibition (6 engage In potical activiies A judge Is entitled to entertain personal views on political questions. But to avold suspicion of political partisanship, a fudge shall not make political speeches, contribute to party funds, publicly en.orse candidates for poltical office or participate in other partisan political activities (Rule 5.10). Liabitity of Judges General Rules A judge is not lable adininistrativelv, clvily, oF criminally when he acts within his legal powers and jurisdiction, EVEN ‘THOUGH SUCH ACTS ARE ERRONEOUS: Reason: To tree the judge from apprehension ef personal consequences to himself and. to reserve the integrity, and independence of the jucioiary Sroenton iyi " 8 oF patent, Guivorate Rane curred. nt bad ifalthay ap eRDaA, tt i Dh! FRIED Oe Lame Os 5d, the obstructing, defeating, violating or in anymanner impeding or impaling viv liberties guaranteed by the Constitution, This responsibilty for damages is. nct however, demandabie of judges except when his act or omission vonstitutes 2 violation of the Penal Gado other penal statute. Dieabilties/Restrictions under the Civil Code: 1. Ar 1401(8) — Justices, judges, Prosauuting ="-rnoys, clerks of.court ‘of superior and inferior courts -and oll.er officers und employees connected with the administration of justice cannct acquire by purchase, ‘even at a public or judicial action, ether in person or through ‘he ‘mediation of another the property and fights in Iitigaton or levied upon an execution before the court. witht, whose Juriediction or territory they ‘exercige their respective functions. This prohibition Includes the act of acquiring by assignment and shalt apply to lawyers, with respect to the property and rights which may be the ‘object of any titigation in which iney may take pait by virtue of their profession (1996 BAR EXAMS), 2. Aft. 739 - Donations made to a judge, his wife, descendants" and ascendants by reason of his olfice are void. 8. Criminal Liabilty ~ Revised Penal Code and the Anth«Sraft and Cormupt Practices ci \isteasarice (2004 BAR EXAMS); & Ariicle ‘204 ~ Knowingly Rendering Unjust Judgment, b. Manifestly Unjust Judgrent ~ one which is 80 patently against the far, public order, public policy and good ‘morals that a person of ordi-ary discernment can easily sense its {invalidity and injustice, ln order that & judge .aay be neld llable for knowing v rendering an Unjust Judgment, It must be shown beyond doubt that (13 judgment is Unust as itis contrary to iaw or is not supported by evidence and the same was, made with conscious and deliberate intent to do an injistice (in 56 |2009 CENTRALIZED BAR OPERATIONS. San Beda College of Uae Re: Climaco A.C, No, 134-4, January 1974), If the decision rendered by the judge ‘s atl on appeal, the judge cannot be disqualifise on the ground of knowingly rendering an unjust. Judgment (Abad v, Bloza A.M. No, R- 227-RT4, Cotober 1986), 2. Art 205 ~ Judgment Rendered through Negligence ~ committed by reeson of Irexcusable negligence or ignorance, Negigence and ignorance are Inexcusabia if ‘they imply a manifest ‘rjustce, which cannot be’ explained by reasonable irterpretation (in Ra: Clima, supra) 3. Art 208 ~ Knowingly Rendering an ‘Unjuet Inteflocutory Order; and 4. Maliciously Delaying the Administration of ustice, The act must be committed maliciously \with deliberate intent to prejudice 2 party ina case, ©. Administrative Liability Discipline of Members of the Bench The Supreme Court has eaclusive ‘éministratve supervision over all courts and the personnel thereof [Section 6, a, Vil, Constitution) The Cour en bane nas the power to discipline all judges af lower cous including justices -of the Court of Appeals Bons of imposin GY icletrates, but naither will a jp shield thern fromi m2 “2a San Meda College of “Law than promote the o:derly auministration of Justice (Ocenar v. .1dg2 Mabutin A.M.,No. ‘MT 05-168, Fabruaiy’ 2005). Ground for Discipine of Jud Serious Misconduct ~ implies malice or a wrongful intent, not a mere. erior of judgment. For serious misconduct to oxist there must be rebable evidence showing that the judicial aets complalnec: of ware corrupt or Inspired by an Intention to Violate the law or were In versistont disregard of well-known legal rules. + Judge Calderon was found guily of gross misconduct, abandoament of office and frequent leave of absence totaling 10 2 years which were not approved and his. explanations were inexcusable, He has caused great disservice to many liigants and hus denied them speedy justice. (In Re: Leaves of Absence without Approval of Judge Evie Caldemn, A.M, No, 98- 8-105 MTC, January 26, 1999) 2, Inefiicierccy ~ implies __negligenoa, incompetence, lonorance and corelessness.. A. judge would be inexcusebly negligent if he failed to observe in the performance of his duties that diligence, prudence and sircumsnection which the law requires in the rendition of any public service, + The fallure of a judge to decide even a single case within the 90-day period was considered gross. inefficiency warcanting the imposition. of fine equivalent to bis one month salary (in Re: Judge Dario Tonenfe A.M. No. 94:f542- MTC, March 1996) Effect of resignation/retirement of a judge when there Is 8 pending administrative case against him: The tetkement of a judge or any judicial officer froni the service does not preclude the finding of eny administrative lablity to wich he should stil be answerable. The withdrawal (oF recantation.“ of the complaint “ay. the administrative charges does not necessarily result In the dismissal of the case ( Mojiaa v. Judge Paz AM. No. RTJ = 1638, December 2003) 18 dismissed due to his” MEMORY Alt) IN LEGAL ETHICS AND PEACTICAL EXERCISES] 57, fhe acceptance by Ine President of the resignation dors not necessary rerider tho ‘case moot ot deprive the SC of the auttonty to investigate the chatgas. The court retains its jurisdiction either to pronounce the respondent official innocent of the charges or declare him gully thereat. A contrary rule wal be fraught with Injustioa ‘and pregnant with ‘dreadful and dangerous Implestions (Posola v. Rodiiguer AM. No, 755MTJ, January 1978), Procedure for Discipline of Judges — Rule 440, Rules of Court (2008 BAR EXAMS) 4, Complaint, in writing and duly swom to Is filed with the Supreme Court (Sec. 4). If ound meritorious, a gby thereof shall be seived on the responéent and he shall be required to coniment within 10 days of service (Seo. 6). 2. Upon fiirg of respondent's comment or expiration of the perlod upon flag comment, the SC elther refers the matter to the Off.ce of the Gourt Administrator (CCA) for evaluation, report, and recommendation, of assigns @ Justice of the Court of Appetis (if respondent Is an RTC judge) or a judge of the’ RTC (if respondent Is a judge of an Inferior court) to investigate end hear the charges (Sec. 2. 3. Ater hearings, the Investigating justice or judge submits a report of finding of fact, Conclusions of law and recommendations to the Supreme Court (Sec. 8) 4. The Supreme Court takes action as the facts and the law may werrant (Sec. 9). 5. Proceedings shall ‘be private’ and confidential but @ copy of the decision or 3758 |2009 CENTRALIZED BAR OPERATIONS like motiv. Simiary, a judge wit be neva administratively lable for rende ing an unjust judgment — one which is contisry to law or Jurisprudence or is not supported by eviceace — when he'acts in gad faith, malice, revenge of some other similar motive. in other words, {n order to hold a Judge tials for knowingly rendering an unjust judgment, it must be shown beyond reasonable doubt that the Judgment was mado with a conscious. and deliberate intent to do an injustice (Judge De Guzman vs, Dy A.M. No. RTJ-1755, July 2003), ' Impeachment proceedings against justices of the Supreme Court Penal in nature governed by rules on criminal case and therefore requires proof beyond reasonable doubt. Only SC justices are subject to impeachmont. Misconduct Rellable evidence showing that judicial actions ‘are corrupt or Inspired by Intent to violate the law ‘or in persistent disregard of -g~! rules. Justices and Judges may not be investigated under tha grievance procecure in Rule 139-8, Sec. 1 of the Revised Rules of Court. Complaints ‘against justices. and judges are filed with che ‘Supreme Court, which. “has administrative supervision over ull courts, As a matter of practice, the Supreme Cout has assigned complaints against Municipal or Metropolitan Trial Judges to an Executive Judge of @ Regional Trial Court and complaints against judges of Regionel Trial Courts to a justice of the Court of Appeals while @ complaint against a meniber of the Court of Appeals would probably tbe assigned toa member of the Supreme Coir tor Investigation, report ‘and Fecommendation, Retired SC Justices are now ‘asker for this purpose, Roinstatement of Judga Previously Disciplined No indication. that he is insplrod by corrupt ‘motives of reprehensive puroose in the performance of his junctions Factors to be considerad: 1. Unsulled name & service of record prior to dismissal; 2. Commitment to avoid situation thet spur suspicion of arb'trary conditions Say Heda College of Lain ©. Complainant metiowee down in pushing from his removal, and 4, Lengdh of time separated from service, ase conned Peart et an 1BP isthe national . organization’ of lawyers created on January 16, 1973 under Rule 138-A of the Rules of Court and constituted on May 4, 1973 inwe a body corporate ty'P.0. No. 181, AAs the official national unification of the entre lawyer population of the Philippines, the IEP requires membership and finanelal support in Teasonable amount from every attorney as Conditions sine qua non io the practice of law and the rotention of the lawyer's name an the Roll af attorneys. . The 18P Board of Governors is authorized to provide in the Ry-Laws, grlavance procedure for the enforcement and maintenance of discipline among all the members cf the !8P: But no action involving the suspension or disbarment of a ‘member or the removal of his name from the Roll of Attcmeys shall be effective without the final approval of the, Supreme. Court (Ruio 139-4, Section 12, Rules 0 f Sout) Objectivos of tho 1BP: 4, To. elevate the standard of the {eval Profession; Improve the adminstration of justice and enable the bar to discharge its public responsitilty mare effectively; and 3. To allow the legal prefessiun to render a more -tfactiveSah Meds College of Lats Executive Vice President — exxsiciss the power of the president during hie absence and other function ‘which may oe ssi ed to hit by the President or Board of Governors. Tena: 2 years from July 1 following thelr electio. up to June 30 of thuir second year in Manet of Election: The Board of Governor, immediately after thelr election by the House of the Delegates, and by tha vote of at least 6, ‘shall choose a President, Executive Vics President and o'her officials from among themselves or otlier menibers of the bar. Other employees, lke secratary snd treasuror are appointed by the president. Board of Governors - Consist of nine Governers from the nine Regions. if the Piesident and/or the Executive Vice President is chcsen outside of the Governors, they shall ipso facto become members of the board. They are elected by the House of Delegates and serve with two yea: term. They take charge in the affairs of the IBP and they are assisted by the following national committees: 4 Chapter Affairs; 2. Legal Aid: 3. Administration of Justice; 4. Legal Education Bar Admi 5 6. 7. Professional Responsibii Disbarment, Research Services; Legislation; 8. “Public Service; 9. Book and Publication; 10, Unauthorized Practice of Law; 11. Law Reports; and 12. Budget Committee. Houso Relegate:. The del Integrated Bar which isco" ‘than: 120 members apportioned among ali chapters, by the Board of, Governors in proportion to the humber members of each chapter but each ‘chapter shall have at least one delegate, ‘Chopter Government: Administar tho affairs of the Integrated: Bar ‘within his territovial’ jutadietion Composed. of: 4, President 2. Vig President 3. Secretary 4. Treasurer 5. 6 Directors. All of which ure elected and has a term of two years from July 1 following their election up te June 20 of their second year in office. MEMORY AID IN LESAL ETHICS AND PRACTICAL EXERCISES) 59) 8. Voluntary Termination of IBP Membership; How Effected Voluntary termination of mambership 41. Resignation - any member may voluntary orminate his memborehip by fing Verified notice to such effect with the Secretary of the BP, who shall bring the matter to the attention of the SC. Forthwith he shall cegse to be 4 member and his name shall be struck from the Roll of Attorneys and 2. Retirement - a member of good standing who is 75 years old'er who'has beén a lawyer for who ts unable to practice by reason of physical disability of judiclally adjudged ° mental. ineapsoty may . be retired upon verified petitdn to the Board of Governors. Roinstatemont ; 1. If rosigned ~ written application for tcinstalement with the Brard of Govemors, which wh. within (15 days) forward the same to the Supreme Court with their recommendation 2 If retred ~ written application to and approval of the Board of Governors. * Compulsory membership to the IBP is NOT violative of a lawyer's freedom of asscclation. Integration does not make @ lawyer a member of any group of which he is already a member. He became a meraber of the bar when he passed the Bar Examinations. All that integration actually does is to provide an official national organization for the wel-defined but unorganized and incoliesive group of \ hich every lawyer Is already a member, (tn; Eallon AM, Ne, 1920){60 |2009 CENTRALIZED BAR OPERATIONS es NOTARY PUBLIC (1998 BAR EXAMS): A person ‘oppointed by the court whose duty is to attest to the genuineness of any deed of writing in order to render thamn available es evida-ice of tacts sialed therein und who Is authorized by the statute to administer various osths,~ 2004 Rules on Notarlal Practice (AM No, 02-2- 13-8C) (1996, 2005, 2007 BAR EXAMS) A, Definitions 1, Acknowledgment — refers to an act in which fan individual un a single occasion. a. appears In person before the notary public and presents an integrally complete instrument or document; , Ig attested ta be personally known to the ‘notary pubile or identified by the notary public through competent evidence of Identity as defined by these Rules; and ©, fepresents to the notary public that the signature on the Instrument or document ‘was voluntarily -affixed by him for ine Purposes stated in the instrument or document, declares that he has executed {he instrument or documont ao nis fee and voluntary act and deed, and, if he acts in a particular representative ‘capacity, that he has the author to sign Inthat capacity (Soe. 1, Ruta 2. _affumation or Oath ~ cetars to an actin which an individual ora single occasion appears in person before the rotary public; b. Is perscnally known to the notary public or identified =y the notary pubic through competent evidence of xlentily as defined by these Riles; and © Avows under penalty of law to the whole truth of the. contents of the instrument or document (Sec. 2, Rul I) 3 arat = reers'to.an-act in whieh an individ on @ single occasion: 3. appears in person before the notary Public anc presents an instrument or document; b. [s personally known to the notary pubte or identifed by ine notary pute trough competent evidence of identity as defined by these Rules; © signa the ‘nstrument or document in te presence of the notary; and 4. takes an oath or affimation before the notary public as to such instrument or document (See. 6, Rule i). San Beds College of Law A Jurat is not part of the pleading but meroly evidences the fact that the affidavit was Prcpemy made. The culm or belief of Atty, de fa Rosa that the oresence of petitioner Gamido was not necessary for the jure because it is not an acknowledgement is patently baseless. if this had been his beilef since he was firs. commissioned as a notary pubile, then he has beer making @ mockery of the legal solemnity of an oath in’ a. jurat, Notaries public and others authotized by taw to administer oaths“ oF" °to™, take ‘ucknowiedgrients should not taka for granted the solemn duties appertaining to thelr offices, ‘Such dutiss are dictaled by public policy and aie limpressed with public interest (Gamido ve Biibid' Prisons Offichis “G.R. No: 114829, March 1, 1998). Competent Evidence of Identity (2007 BAR EXAMS) ~ refers to'the idettification of an Inaividual based on @ atleast one current! identification document Issued by: an_ offical agency bearing the photograph dnd slgnature of the inal Note: Anendmen: to See: 12 (8). Rue It of the 2004 Rules on Notarlal Practice, February 19, 2008 to wit: "Sec, 12, Competant Evidence of identity. Tha. phrase “competent. evidence of ‘dentty” relers (0 the Kcentification of an ‘ndividuat based en: (a) @° least one current tdentincatioy document (ssued ty an official agency boating the photograph and signature of (he indivicual, such as but not limited to, /assport, driver's liconse, Professions, Regulations Commission’ 10, Navonsi flurcay of tnvostigatiae: clearance, poll onegy ei, Bory col og Sense. nd inSeibarice” SPst ard, al Sucurly SYSPRENA) cart, iy 4 whois egetary public and 27 individual, or of 8 neither of whom Is2 _ San Beda College of Hei {transaction who eetch personally knows + the individual and shows to the notary ; public documentary Identification (Sec. } 12. ile 1). + These are in edditlon to tho presentation of tha _ signetories' Community Tax Certitcate (CTC) as required by Noterial Law (Act 2711) 5. Signature Witnessing ~ refers to a notarial act In which an individual on a single occasion, i @. appears in person before the. notary Pubic and presents en instrunient or a document; he 4. is personally known to the notary public ‘oF icentifud by the matory public through corrnetent evidence

Você também pode gostar

• Fear: Trump in the White House

  

  No Everand

  Fear: Trump in the White House

  Bob Woodward

  Nota: 3.5 de 5 estrelas

  3.5/5 (738)
• A Man Called Ove: A Novel

  

  No Everand

  A Man Called Ove: A Novel

  Fredrik Backman

  Nota: 4.5 de 5 estrelas

  4.5/5 (4609)
• A Heartbreaking Work Of Staggering Genius: A Memoir Based on a True Story

  

  No Everand

  A Heartbreaking Work Of Staggering Genius: A Memoir Based on a True Story

  Dave Eggers

  Nota: 3.5 de 5 estrelas

  3.5/5 (231)
• • Revistas
  • Podcasts
  • Partituras
• The Sympathizer: A Novel (Pulitzer Prize for Fiction)

  

  No Everand

  The Sympathizer: A Novel (Pulitzer Prize for Fiction)

  Viet Thanh Nguyen

  Nota: 4.5 de 5 estrelas

  4.5/5 (120)
• Grit: The Power of Passion and Perseverance

  

  No Everand

  Grit: The Power of Passion and Perseverance

  Angela Duckworth

  Nota: 4 de 5 estrelas

  4/5 (588)
• Yes Please

  

  No Everand

  Yes Please

  Amy Poehler

  Nota: 4 de 5 estrelas

  4/5 (1891)
• Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

  

  No Everand

  Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

  Gilbert King

  Nota: 4.5 de 5 estrelas

  4.5/5 (266)
• The Little Book of Hygge: Danish Secrets to Happy Living

  

  No Everand

  The Little Book of Hygge: Danish Secrets to Happy Living

  Meik Wiking

  Nota: 3.5 de 5 estrelas

  3.5/5 (399)
• Never Split the Difference: Negotiating As If Your Life Depended On It

  

  No Everand

  Never Split the Difference: Negotiating As If Your Life Depended On It

  Chris Voss

  Nota: 4.5 de 5 estrelas

  4.5/5 (838)
• Shoe Dog: A Memoir by the Creator of Nike

  

  No Everand

  Shoe Dog: A Memoir by the Creator of Nike

  Phil Knight

  Nota: 4.5 de 5 estrelas

  4.5/5 (537)
• The Emperor of All Maladies: A Biography of Cancer

  

  No Everand

  The Emperor of All Maladies: A Biography of Cancer

  Siddhartha Mukherjee

  Nota: 4.5 de 5 estrelas

  4.5/5 (271)
• The Subtle Art of Not Giving a F*ck: A Counterintuitive Approach to Living a Good Life

  

  No Everand

  The Subtle Art of Not Giving a F*ck: A Counterintuitive Approach to Living a Good Life

  Mark Manson

  Nota: 4 de 5 estrelas

  4/5 (5794)
• The World Is Flat 3.0: A Brief History of the Twenty-first Century

  

  No Everand

  The World Is Flat 3.0: A Brief History of the Twenty-first Century

  Thomas L. Friedman

  Nota: 3.5 de 5 estrelas

  3.5/5 (2259)
• The Hard Thing About Hard Things: Building a Business When There Are No Easy Answers

  

  No Everand

  The Hard Thing About Hard Things: Building a Business When There Are No Easy Answers

  Ben Horowitz

  Nota: 4.5 de 5 estrelas

  4.5/5 (344)
• Principles: Life and Work

  

  No Everand

  Principles: Life and Work

  Ray Dalio

  Nota: 4 de 5 estrelas

  4/5 (599)
• Rise of ISIS: A Threat We Can't Ignore

  

  No Everand

  Rise of ISIS: A Threat We Can't Ignore

  Jay Sekulow

  Nota: 3.5 de 5 estrelas

  3.5/5 (137)
• Team of Rivals: The Political Genius of Abraham Lincoln

  

  No Everand

  Team of Rivals: The Political Genius of Abraham Lincoln

  Doris Kearns Goodwin

  Nota: 4.5 de 5 estrelas

  4.5/5 (234)
• The Gifts of Imperfection: Let Go of Who You Think You're Supposed to Be and Embrace Who You Are

  

  No Everand

  The Gifts of Imperfection: Let Go of Who You Think You're Supposed to Be and Embrace Who You Are

  Brené Brown

  Nota: 4 de 5 estrelas

  4/5 (1090)
• John Adams

  

  No Everand

  John Adams

  David McCullough

  Nota: 4.5 de 5 estrelas

  4.5/5 (2409)
• The Glass Castle: A Memoir

  

  No Everand

  The Glass Castle: A Memoir

  Jeannette Walls

  Nota: 4.5 de 5 estrelas

  4.5/5 (1712)
• Hidden Figures: The American Dream and the Untold Story of the Black Women Mathematicians Who Helped Win the Space Race

  

  No Everand

  Hidden Figures: The American Dream and the Untold Story of the Black Women Mathematicians Who Helped Win the Space Race

  Margot Lee Shetterly

  Nota: 4 de 5 estrelas

  4/5 (895)
• Her Body and Other Parties: Stories

  

  No Everand

  Her Body and Other Parties: Stories

  Carmen Maria Machado

  Nota: 4 de 5 estrelas

  4/5 (821)
• Sing, Unburied, Sing: A Novel

  

  No Everand

  Sing, Unburied, Sing: A Novel

  Jesmyn Ward

  Nota: 4 de 5 estrelas

  4/5 (1103)
• Angela's Ashes: A Memoir

  

  No Everand

  Angela's Ashes: A Memoir

  Frank McCourt

  Nota: 4.5 de 5 estrelas

  4.5/5 (440)
• Wolf Hall: A Novel

  

  No Everand

  Wolf Hall: A Novel

  Hilary Mantel

  Nota: 4 de 5 estrelas

  4/5 (3811)
• A Tree Grows in Brooklyn

  

  No Everand

  A Tree Grows in Brooklyn

  Betty Smith

  Nota: 4.5 de 5 estrelas

  4.5/5 (1929)
• The Woman in Cabin 10

  

  No Everand

  The Woman in Cabin 10

  Ruth Ware

  Nota: 3.5 de 5 estrelas

  3.5/5 (2322)
• The Light Between Oceans: A Novel

  

  No Everand

  The Light Between Oceans: A Novel

  M.L. Stedman

  Nota: 4.5 de 5 estrelas

  4.5/5 (789)
• The Constant Gardener: A Novel

  

  No Everand

  The Constant Gardener: A Novel

  John le Carré

  Nota: 3.5 de 5 estrelas

  3.5/5 (104)
• The Perks of Being a Wallflower

  

  No Everand

  The Perks of Being a Wallflower

  Stephen Chbosky

  Nota: 4.5 de 5 estrelas

  4.5/5 (2101)
• The Art of Racing in the Rain: A Novel

  

  No Everand

  The Art of Racing in the Rain: A Novel

  Garth Stein

  Nota: 4 de 5 estrelas

  4/5 (4200)
• Elon Musk: Tesla, SpaceX, and the Quest for a Fantastic Future

  

  No Everand

  Elon Musk: Tesla, SpaceX, and the Quest for a Fantastic Future

  Ashlee Vance

  Nota: 4.5 de 5 estrelas

  4.5/5 (474)
• The Outsider: A Novel

  

  No Everand

  The Outsider: A Novel

  Stephen King

  Nota: 4 de 5 estrelas

  4/5 (1839)
• The Unwinding: An Inner History of the New America

  

  No Everand

  The Unwinding: An Inner History of the New America

  George Packer

  Nota: 4 de 5 estrelas

  4/5 (45)
• The Yellow House: A Memoir (2019 National Book Award Winner)

  

  No Everand

  The Yellow House: A Memoir (2019 National Book Award Winner)

  Sarah M. Broom

  Nota: 4 de 5 estrelas

  4/5 (98)
• On Fire: The (Burning) Case for a Green New Deal

  

  No Everand

  On Fire: The (Burning) Case for a Green New Deal

  Naomi Klein

  Nota: 4 de 5 estrelas

  4/5 (73)
• Labor Law-San Beda

  

  Documento70 páginas

  Labor Law-San Beda

  Irene Pacao

  100% (8)
• Little Women

  

  No Everand

  Little Women

  Louisa May Alcott

  Nota: 4 de 5 estrelas

  4/5 (104)
• Brooklyn: A Novel

  

  No Everand

  Brooklyn: A Novel

  Colm Tóibín

  Nota: 3.5 de 5 estrelas

  3.5/5 (1937)
• Manhattan Beach: A Novel

  

  No Everand

  Manhattan Beach: A Novel

  Jennifer Egan

  Nota: 3.5 de 5 estrelas

  3.5/5 (792)
• Admin Law Case Digests

  

  Documento5 páginas

  Admin Law Case Digests

  anna bee

  100% (2)
• Medel v. CA

  

  Documento1 página

  Medel v. CA

  Chedeng Kuma

  100% (2)
• Bad Feminist: Essays

  

  No Everand

  Bad Feminist: Essays

  Roxane Gay

  Nota: 4 de 5 estrelas

  4/5 (1015)
• Steve Jobs

  

  No Everand

  Steve Jobs

  Walter Isaacson

  Nota: 4.5 de 5 estrelas

  4.5/5 (806)
• Environmental Law Reviewer

  

  Documento6 páginas

  Environmental Law Reviewer

  DiegoGalán

  50% (4)
• Pci Leasing vs. Ucpb Case Digest

  

  Documento2 páginas

  Pci Leasing vs. Ucpb Case Digest

  alexredrose

  100% (1)
• Belgian Overseas Chartering and Shipping

  

  Documento5 páginas

  Belgian Overseas Chartering and Shipping

  DiegoGalán

  100% (1)
• Admin Digest Maceda Vs ERB

  

  Documento3 páginas

  Admin Digest Maceda Vs ERB

  Irene Pacao

  0% (1)
• Preference Vs Lien Help

  

  Documento1 página

  Preference Vs Lien Help

  DiegoGalán

  Ainda não há avaliações
• The Verb Haber: 1) Meron and Wala

  

  Documento2 páginas

  The Verb Haber: 1) Meron and Wala

  DiegoGalán

  Ainda não há avaliações
• I Need SCRB Shit 2

  

  Documento1 página

  I Need SCRB Shit 2

  DiegoGalán

  Ainda não há avaliações
• Abejo V Dela Cruz. G.R. No. L-63558 May 19, 1987

  

  Documento21 páginas

  Abejo V Dela Cruz. G.R. No. L-63558 May 19, 1987

  DiegoGalán

  Ainda não há avaliações
• Inss 11

  

  Documento3 páginas

  Inss 11

  DiegoGalán

  Ainda não há avaliações
• I Need Scribid Shit 11

  

  Documento3 páginas

  I Need Scribid Shit 11

  DiegoGalán

  Ainda não há avaliações
• I Need Scribid Shit 4

  

  Documento1 página

  I Need Scribid Shit 4

  DiegoGalán

  Ainda não há avaliações
• I Need Scribid Shit 10

  

  Documento14 páginas

  I Need Scribid Shit 10

  DiegoGalán

  Ainda não há avaliações
• I Need Scribid Shit 6

  

  Documento11 páginas

  I Need Scribid Shit 6

  DiegoGalán

  Ainda não há avaliações
• I Need Scribid Shit 9

  

  Documento5 páginas

  I Need Scribid Shit 9

  DiegoGalán

  Ainda não há avaliações
• I Need Scribid Shit 5

  

  Documento1 página

  I Need Scribid Shit 5

  DiegoGalán

  Ainda não há avaliações
• I Need SCRB Shit 2

  

  Documento1 página

  I Need SCRB Shit 2

  DiegoGalán

  Ainda não há avaliações
• I Need Scribid Shit 3

  

  Documento1 página

  I Need Scribid Shit 3

  DiegoGalán

  Ainda não há avaliações
• Labstan Set 4 Digest

  

  Documento11 páginas

  Labstan Set 4 Digest

  DiegoGalán

  Ainda não há avaliações
• Santosa B. Datuman vs. First Cosmopolitan Manpower and Promotion Services, Inc.

  

  Documento9 páginas

  Santosa B. Datuman vs. First Cosmopolitan Manpower and Promotion Services, Inc.

  Angel Urbano

  Ainda não há avaliações
• I Need SCRB Shit 2

  

  Documento1 página

  I Need SCRB Shit 2

  DiegoGalán

  Ainda não há avaliações
• Docslide - Us 67 Advocates of Til Vs BSPLPL

  

  Documento3 páginas

  Docslide - Us 67 Advocates of Til Vs BSPLPL

  DiegoGalán

  Ainda não há avaliações
• ELECTION Digest Title 8 and 9

  

  Documento12 páginas

  ELECTION Digest Title 8 and 9

  DiegoGalán

  Ainda não há avaliações
• Gacal V PAL

  

  Documento1 página

  Gacal V PAL

  DiegoGalán

  Ainda não há avaliações
• Employer Employee Rel 1-12

  

  Documento26 páginas

  Employer Employee Rel 1-12

  DiegoGalán

  Ainda não há avaliações
• ABC

  

  Documento1 página

  ABC

  DiegoGalán

  Ainda não há avaliações
• Manuel Imbong and Raul Gonzales Say That RA 6132 Is Unconstitutional

  

  Documento2 páginas

  Manuel Imbong and Raul Gonzales Say That RA 6132 Is Unconstitutional

  DiegoGalán

  Ainda não há avaliações
• Miciano Vs Brimo

  

  Documento4 páginas

  Miciano Vs Brimo

  Roger Ranigo

  Ainda não há avaliações