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Legal Ethics Reviewer UP
Legal Ethics Reviewer UP
LEGAL ETHICS
LEGAL FORMS
Copyright and all other relevant rights over this material are
owned jointly by the University of the Philippines College of
Law, the Faculty Editor and the Student Editorial Team.
The ownership of the work belongs to the University of the
Philippines College of Law. No part of this book shall be
reproduced or distributed without the consent of the UP
College of Law.
All rights are reserved.
LEGAL ETHICS
Table of Contents
Chapter I. Legal Profession.............................3
I.
Supervision and Control........................3
II.
Practice of Law......................................3
III. Admission to Practice............................4
1. Citizenship .............................................5
2. Residence..............................................5
3. Age ........................................................5
4. Good Moral Character ...........................5
5. Legal Education.....................................5
6. Bar Examinations ..................................6
7. Lawyers Oath........................................7
IV. Qualifications for Practice .....................7
1. Law Students.........................................7
2. Agent .....................................................8
3. Self-representation ................................8
V. Prohibition from Practice .......................8
VI. Notarial Practice....................................9
Chapter
II.
Code
of
Professional
Responsibility.................................................11
I.
Legal Ethics.........................................11
II.
Lawyers Duties to Society ..................12
Canon 1 ...................................................12
Canon 2 ...................................................13
Canon 3 ...................................................16
Canon 4 ...................................................19
Canon 5 ...................................................19
Canon 6 ...................................................20
III. Lawyers Duties to the Legal Profession
22
Canon 7 ...................................................22
Canon 8 ...................................................23
Canon 9 ...................................................25
IV. Lawyers Duties to the Courts .............27
Canon 10 .................................................27
Canon 11 .................................................28
Canon 12 .................................................29
Canon 13 .................................................32
V. Lawyers Duties to the Client ..............33
Canon 14 .................................................33
Canon 15 .................................................34
Canon 16 .................................................36
Canon 17 .................................................38
Canon 18 .................................................39
Canon 19 .................................................40
Canon 20 .................................................41
Canon 21 .................................................43
Canon 22 .................................................48
Chapter III. Discipline of Lawyers.................50
I.
Liabilities of Lawyers ...........................50
II.
Power to Discipline Errant Lawyers ....50
A. Forms of Disciplinary Measures .....50
B. Suspension and Disbarment...........51
C. Procedure
for
Suspension
or
Disbarment of Attorneys by the IBP ........ 52
D. Procedure
for
Suspension
or
Disbarment of Attorneys (Rule 139-B) by
the Supreme Court Motu Propio ............. 52
E. Imposition of Penalties in the
Supreme Court ........................................ 52
III. Modifying Circumstances.................... 53
A. Mitigating Circumstances ............... 53
B. Aggravating Circumstances............ 53
C. Effect of Executive Pardon ............. 53
IV. Reinstatement..................................... 53
Chapter IV. Code of Judicial Conduct ........ 55
I.
Independence ..................................... 55
II.
Integrity ............................................... 57
III. Impartiality........................................... 57
IV. Propriety.............................................. 59
V. Equality ............................................... 61
VI. Competence and Diligence................. 61
Chapter V. Discipline of Judges .................. 63
I.
Liabilities of Judges............................. 63
II.
Discipline of Members of the Bench ... 63
Annexes .......................................................... 65
Indigent Clients ............................................ 65
A. A.M. No. 04-2-04-SC ...................... 65
B. RA 6033.......................................... 65
C. RA 6034.......................................... 66
D. RA 6035.......................................... 66
E. PD 543............................................ 67
F.
A.M. No. 08-11-7-SC (IRR) ............ 68
Special Law on Retired Justices and Judges
..................................................................... 73
Law on Obstruction of Justice ..................... 75
2004 Rules on Notarial Practice .................. 76
BAR MATTER NO. 850 ............................... 85
[October 02, 2001] ....................................... 85
BM No. 2012................................................ 91
Rule on Mandatory Legal Aid Service ......... 91
B.M. No. 1153.............................................. 94
Republic Act No. 9999 ................................. 95
Republic Act No. 6713 ................................. 97
Republic Act No. 3019 ................................. 97
A.M. No. 02-9-02-SC ................................... 99
A. M. No. 00-8-10-SC .................................. 99
B.M. No. 2012............................................ 100
Rule 138-A................................................. 104
Presidential Decree No. 1829.................... 104
LEGAL FORMS
Table of Contents
Part I. Parts Common to Forms ..................108
A. Scilicet ...............................................108
B. Captions and Titles ...........................108
C. Prayer................................................109
D. Statements Under Oath ....................109
1.
Acknowledgement and Jurat ........109
2.
Verification ....................................111
3.
Certification against Forum Shopping
......................................................112
4.
Verified Statement of Material Dates
113
5.
Specific Denial of Due Execution of
Actionable Documents..................114
E. Request for and Notice of Hearing....114
F.
Proof of Service.................................115
1.
Proof of Personal Service .............115
2.
Proof of Service by Registered Mail
(with Explanation for failure to serve
personally) ....................................115
G. Place, Date, Signature, Address, Roll
Number, IBP Receipt Number, PTR
Number, etc.......................................116
H. Notice of Appeal................................117
Part II.
A.
B.
D.
E.
E.
1.
2.
3.
4.
5.
Part III.
Pleadings and Other Legal
Documents in Criminal Procedure .............139
A. Complaint-Affidavit
and
CounterAffidavit..............................................139
B. Information and Complaint ................142
C. Motions..............................................145
1.
Motion to Quash Information........145
2.
Motion to Quash Search Warrant 146
3.
Motion to Suppress Evidence ......147
4.
Motion for Bail ..............................148
D. Application for Bail ............................149
Table of Contents
LEGAL ETHICS
Table of Contents
Chapter I. Legal Profession.............................3
I.
Supervision and Control........................3
II.
Practice of Law......................................3
III. Admission to Practice............................4
1. Citizenship .............................................5
2. Residence..............................................5
3. Age ........................................................5
4. Good Moral Character ...........................5
5. Legal Education.....................................5
6. Bar Examinations ..................................6
7. Lawyers Oath........................................7
IV. Qualifications for Practice .....................7
1. Law Students.........................................7
2. Agent .....................................................8
3. Self-representation ................................8
V. Prohibition from Practice .......................8
VI. Notarial Practice....................................9
Chapter
II.
Code
of
Professional
Responsibility.................................................11
I.
Legal Ethics.........................................11
II.
Lawyers Duties to Society ..................12
Canon 1 ...................................................12
Canon 2 ...................................................13
Canon 3 ...................................................16
Canon 4 ...................................................19
Canon 5 ...................................................19
Canon 6 ...................................................20
III. Lawyers Duties to the Legal Profession
22
Canon 7 ...................................................22
Canon 8 ...................................................23
Canon 9 ...................................................25
IV. Lawyers Duties to the Courts .............27
Canon 10 .................................................27
Canon 11 .................................................28
Canon 12 .................................................29
Canon 13 .................................................32
V. Lawyers Duties to the Client ..............33
Canon 14 .................................................33
Canon 15 .................................................34
Canon 16 .................................................36
Canon 17 .................................................38
Canon 18 .................................................39
Canon 19 .................................................40
Canon 20 .................................................41
Canon 21 .................................................43
Canon 22 .................................................48
Chapter III. Discipline of Lawyers.................50
I.
Liabilities of Lawyers ...........................50
II.
Power to Discipline Errant Lawyers ....50
A. Forms of Disciplinary Measures .....50
B. Suspension and Disbarment...........51
C. Procedure
for
Suspension
or
Disbarment of Attorneys by the IBP ........ 52
D. Procedure
for
Suspension
or
Disbarment of Attorneys (Rule 139-B) by
the Supreme Court Motu Propio ............. 52
E. Imposition of Penalties in the
Supreme Court ........................................ 52
III. Modifying Circumstances.................... 53
A. Mitigating Circumstances ............... 53
B. Aggravating Circumstances............ 53
C. Effect of Executive Pardon ............. 53
IV. Reinstatement..................................... 53
Chapter IV. Code of Judicial Conduct ........ 55
I.
Independence ..................................... 55
II.
Integrity ............................................... 57
III. Impartiality........................................... 57
IV. Propriety.............................................. 59
V. Equality ............................................... 61
VI. Competence and Diligence................. 61
Chapter V. Discipline of Judges .................. 63
I.
Liabilities of Judges............................. 63
II.
Discipline of Members of the Bench ... 63
Annexes .......................................................... 65
Indigent Clients ............................................ 65
A. A.M. No. 04-2-04-SC ...................... 65
B. RA 6033.......................................... 65
C. RA 6034.......................................... 66
D. RA 6035.......................................... 66
E. PD 543............................................ 67
F.
A.M. No. 08-11-7-SC (IRR) ............ 68
Special Law on Retired Justices and Judges
..................................................................... 73
Law on Obstruction of Justice ..................... 75
2004 Rules on Notarial Practice .................. 76
BAR MATTER NO. 850 ............................... 85
[October 02, 2001] ....................................... 85
BM No. 2012................................................ 91
Rule on Mandatory Legal Aid Service ......... 91
B.M. No. 1153.............................................. 94
Republic Act No. 9999 ................................. 95
Republic Act No. 6713 ................................. 97
Republic Act No. 3019 ................................. 97
A.M. No. 02-9-02-SC ................................... 99
A. M. No. 00-8-10-SC .................................. 99
B.M. No. 2012............................................ 100
Rule 138-A................................................. 104
Presidential Decree No. 1829.................... 104
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LEGAL ETHICS
Giselle Mauhay
Lead Writer
Aggie Dorotan Dino Regalario
Raish Rojas Ray Velasco
Althea Ojaminal Macri Reyes
Kriska Chen Jopet Go
Alex Dela Cruz Cuayo Juico
Jian Boller Sam Sy
Ivan Palpagan Ranx Roxas
Gianna De Jesus Annie Almojuela
Gene Lopez Diana Dy
Venus Ambrona Dimitri Roleda
Charles Icasiano Rai Aliman
Mae Acha Sharey Lucman
Writers
ACADEMICS COMMITTEE
Kristine Bongcaron
Michelle Dy
Patrich Leccio
Editors-in-Chief
LECTURES COMMITTEE
Michelle Arias
Camille Maranan
Angela Sandalo
Heads
Katz Manzano Mary Rose Beley
Sam Nuez Krizel Malabanan
Arianne Cerezo Marcrese Banaag
Volunteers
I.
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head
Loraine Mendoza Faye Celso
Mary Mendoza Joie Bajo
Members
3
LEGAL ETHICS
LEGAL ETHICS
ADMISSION
TO
Citizenship
Residence
Age (above 21 yrs)
Good Moral Character and no charges
involving moral turputide
Legal Education (pre-law, law proper)
Bar Examinations
Lawyers Oath
4
LEGAL ETHICS
1. Citizenship
Statutory Basis
1987 Constitution, Art. XII, Sec. 14. The practice
of all professions in the Philippines shall be
limited to Filipino citizens, save in cases
prescribed by law.
Rules of Court, Rule 138, Sec. 2. Every
applicant for admission as a member of the bar
must be a citizen of the Philippines
Rationale
Citizenship ensures allegiance to the republic
and its laws.
A Filipino citizen admitted to the Philippine Bar
must maintain such citizenship to remain
qualified for the practice of law in this country.
(In Re Arthur Castillo Reyes (1993))
2. Residence
Statutory Basis
Rules of Court, Rule 138, Sec. 2. Every
applicant for admission as a member of the bar
must be be a resident of the Philippines
Rationale
Because his/her duties to his client and to the
court will require that he be readily accessible
and available
3. Age
Statutory Basis
Rules of Court, Rule 138, Sec. 2. Every
applicant for admission as a member of the bar
must be at least twenty-one years of age
Rationale
Because maturity and discretion are required in
the practice of law
4. Good Moral Character
Statutory Basis
Rules of Court, Rule 138, Sec. 2. Every
applicant for admission as a member of the bar
must be of good moral character and must
produce before the Supreme Court satisfactory
evidence of good moral character, and that no
charges against him, involving moral turpitude,
have been filed or are pending in any court in
the Philippines.
Good moral character is a continuing
qualification required of every member of the
Bar, it is not only a qualification precedent to the
practice of law. (Narag v. Narag, 291 SCRA 451,
June 29, 1998)
Definitions:
Absence of a proven conduct or act which has
been historically and traditionally considered as
a manifestation of moral turpitude. The act or
conduct need not amount to a crime; and even if
it does constitute an offense, a conviction upon a
criminal charge is not necessary to demonstrate
bad moral character although it may show moral
depravity. (Agpalo)
Qualities of truth-speaking, a high sense of
honor, full candor, intellectual honesty, and the
strictest observance of fiduciary responsibility.
(Frankfurter)
Good moral character includes at least common
honesty. Deception and other fraudulent acts are
not merely unacceptable practices that are
disgraceful and dishonorable, they reveal a
basic moral flaw. (Olbes v. Deciembre, 457
SCRA 341)
Question of moral turpitude is for SC to decide,
which is why applicants are required to disclose
any crime which they have been charged.
Concealment or withholding from the court
information about charges and indictments is a
ground for disqualification of applicant or for
revocation of license. (Agpalo)
SC may deny lawyers oath-taking based on a
conviction for reckless imprudence resulting in
homicide (hazing case). But after submission of
evidence and various certifications he may now
be regarded as complying with the requirements
of good moral characterhe is not inherently of
bad moral fiber. (In Re: Argosino, A.M. No. 712
July 13, 1995; B.M. No. 712 March 19, 1997)
5. Legal Education
Pre-Law
Statutory Basis
Rules of Court, Rule 138, Sec. 6. A bachelors
degree in arts or sciences with any of the
following subjects as major or field of
concentration: political science, logic, English,
Spanish, History and Economics.
A college degree must first be obtained before
studying law. Otherwise, one will not be qualified
to take the bar examinations. (In re Telesforo
Diao, 1963)
Law Proper
Statutory Basis
Rules of Court, Rule 138, Sec. 5 and 6. All
applicants for admissionshall, before being
admitted to the examination, satisfactorily show
5
LEGAL ETHICS
1st day
2nd day
3rd day
4th day
6. Bar Examinations
Civil Law
Labor and Social Legislation
Mercantile Law
Criminal Law
Political and International Law
Taxation
Remedial Law
Legal Ethics and Practical Exercises
15 %
10 %
15 %
10 %
15 %
10 %
20 %
5%
6
LEGAL ETHICS
BAR
EXAM
AS
CIVIL
SERVICE
ELIGIBILITY The law makes passing the
bar examination equivalent to a first grade
civil service eligibility for ay position in the
classified service in the government the
duties of which require knowledge of law, or
a second grade civil service eligibility for any
other government position which does not
prescribe proficiency in law as a
qualification.
First grade civil service eligibility for any
position
Second grade civil service eligibility for
position
which
does
not
prescribe
proficiency in law
7. Lawyers Oath
Statutory Basis
Rules of Court, Sec. 17. An applicant who has
passed the required examination, or has been
otherwise found to be entitled to admission to
the bar, shall take and subscribe before the
Supreme Court an oath of office. Form 28 of the
Judicial Standard Forms prescribes the following
oath to be taken by the applicant:
I, _____, do solemnly swear that I will
maintain allegiance to the Republic of the
Philippines.
I will support and defend its Constitution and
obey the laws as well as the legal orders of
the duly constituted authorities therein;
7
LEGAL ETHICS
3. Self-representation
Statutory Basis
Rules of Court, Rule 138, Sec. 34. A person may
represent himself before any court. He is bound
by the same rules in conducting the trial of his
case. He cannot, after judgment, claim that he
was not properly represented.
Rule 115, Sec 1 (c) provides that an accused
may waive his right to counsel but if he cannot
protect his rights without the assistance of a
counsel, the Court should advise him to secure a
counsel de parte or appoint a counsel de officio
to represent him.
Counsel de officio
A counsel, appointed or assigned by the court,
from among members of the Bar in good
standing who, by reason of their experience and
ability, may adequately defend the accused.
Counsel de parte
A counsel employed or retained by the party, or
the accused
RIGHT TO COUNSEL: Absolute and immutable.
However, his option to secure the services of
counsel de parte is not absolute. The trial court
may restrict his option to retain a counsel de
parte if a) the accused insists on an attorney he
cannot afford b) chosen counsel is not a lawyer
or c) the attorney declines to represent the
accused for a valid reason, in which case the
trial court can appoint his counsel de oficio to
represent him.
In a democratic and civilized country where the
rights of a person are determined in accordance
with established rules, the employment of a
person acquainted with those rules becomes a
necessity both to the litigants and to the Court. A
party litigant needs the assistance of counsel in
all proceedings, administrative, civil or criminal.
(Agpalo)
8
LEGAL ETHICS
(RA
910,
Sec.
1,
as
AGAINST
UNAUTHORIZED
9
LEGAL ETHICS
10
LEGAL ETHICS
of
Professional
I.
LEGAL ETHICS
DUTIES OF A LAWYER
II. LAWYERS DUTIES TO SOCIETY
A. CANON 1: Promote And Respect The Law
And Legal Process
B. CANON 2: Provide Efficient And Convenient
Legal Services
C. CANNON 3: Information On Legal Services
That Is True, Honest, Fair And Dignified
D. CANON 4: Support For Legal Reforms And
Administration Of Justice
E. CANON 5: Participate In Legal Education
F. CANON 6: Government Lawyers
III. LAWYERS
DUTIES
TO
THE
LEGAL
PROFESSION
A. CANON 7: Uphold Dignity And Integrity In
The Profession
B. CANON 8: Courtesy, Fairness, Candor
Towards Professional Colleagues
C. CANON 9: Unauthorized Practice Of Law
IV. LAWYERS DUTIES TO THE COURTS
A. CANON 10: Observe Candor, Fairness And
Good Faith
B. CANON 11: Respect Courts And Judicial
Officers
C. CANON 12: Assist In Speedy And Efficient
Administration Of Justice
D. CANON 13: Refrain From Act Giving
Appearance Of Influence
V. LAWYERS DUTIES TO THE CLIENT
A. CANON 14: Service To The Needy
B. CANON 15: Observe Candor, Fairness,
Loyalty
C. CANON 16: Hold In Trust Clients Moneys
And Properties
D. CANON 17: Trust And Confidence
E. CANON 18: Competence And Diligence
F. CANON 19: Representation With Zeal
G. CANON 20: Attorneys Fees
H. CANON 21: Preserve Clients Confidence
I. CANON 22: Withdrawal Of Services For
Good Cause Valid Ground For Refusal
I.
Legal Ethics
11
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12
LEGAL ETHICS
13
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14
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15
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16
LEGAL ETHICS
Furnishing
or
inspiring
newspaper
comments concerning the manner of their
conduct, the magnitude of the interests
involved, the importance of lawyers
position, and all other like self-laudation
17
LEGAL ETHICS
18
LEGAL ETHICS
the
by
law
the
6 hrs
4 hrs
5 hrs
9 hrs
4 hrs
2 hrs
6 hrs
Exemptions:
1. President, vice-president, cabinet members
2. Members of Congress
3. Chief Justice and incumbent and retired
members of the judiciary
4. Chief state counsel, prosecutor and
assistant secretaries of the Department of
Justice
5. Solicitor General and assistants
6. Government
Corporate
Counsel,
his
deputies and assistants
7. Chairman and members of Constitutional
Commissions
19
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20
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21
LEGAL ETHICS
to
the
Legal
Canon 7
in
to
or
to
22
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23
LEGAL ETHICS
24
LEGAL ETHICS
25
LEGAL ETHICS
a union
union to
may be
rule and
Laborers
lawyer and a
divide equally
awarded in a
is illegal and
Assn. v. CIR.
26
LEGAL ETHICS
courts.(Comments of IBP
drafted the Code, p. 53)
Committee
that
27
LEGAL ETHICS
28
LEGAL ETHICS
29
LEGAL ETHICS
FORUM SHOPPING
1. Going from one court to another in the hope
of securing a favorable relief in one court,
which another court has denied
2. Filing repetitious suits or proceeding in
different courts concerning the same subject
matter after one court has decided the suit
with finality.
3. Filing a similar case in a judicial court after
receiving an unfavorable judgment from an
administrative tribunal.
Forum shopping is prohibited by Supreme Court
Circular No. 28-91, which is now integrated in
the Rules of Civil Procedure.
RULES OF COURT, RULE 7, SEC. 5:
The plaintiff or principal party shall certify under
oath in the complaining or other initiatory
pleading asserting a claim for relief, or in a
sworn certification annexed thereto and
simultaneously filed therewith that:
1. he has not theretofore commenced any
action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial
agency and, to the best of his knowledge, no
such other action or claim is pending
therein; if there is such other pending action
or claim, a complete statement of the
present status thereof; and
2. if he should thereafter learn that the same or
similar action or claim has been filed or is
pending, he shall report that fact within five
days there from to the court wherein his
aforesaid complaint or initiatory pleading has
been filed.
Failure to comply with the foregoing
requirements shall not be curable by mere
amendment of the complaint or other initiatory
pleading but shall cause for the dismissal of the
case without prejudice, unless otherwise
provided, upon motion after hearing.
The submission of a false certification or noncompliance with any of the undertakings in a
certification of no forum shopping 1) shall constitute indirect contempt of court
2) without prejudice to the corresponding
administrative and criminal actions
If the acts of the party or his counsel clearly
constitute willful and deliberate forum shopping,
the same shall be:
1) ground for summary dismissal with
prejudice;
2) and shall constitute direct contempt;
3) cause for administrative sanctions
30
LEGAL ETHICS
SUBORNATION OF PERJURY
Subornation of perjury is committed by a person
who knowingly and willfully procures another to
swear falsely and the witness subornated does
testify under circumstances rendering him guilty
of perjury. (US v. Ballena, 18 Phil. 382)
Rule 12.07 - A lawyer shall not abuse, browbeat
or
harass
a
witness
nor
needlessly
inconvenience him.
Related statutory basis: Rule 132, Sec. 3. Rights
and obligations of a witness. A witness must
answer questions, although his answer may tend
to establish a claim against him. However, it is
the right of a witness:
o To be protected from irrelevant, improper, or
insulting questions, and from harsh or
insulting demeanor;
o Not to be detained longer than the interests
of justice require;
o Not to be examined except only as to
matters pertinent to the issue;
o Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law; or
o Not to give an answer which will tend to
degrade his reputation, unless it be to the
very fact at issue or to a fact from which the
fact in issue would be presumed. But a
witness must answer to the fact of his
previous conviction for an offense.
PD1829-Penalizing Obstruction of Justice
(h) threatening directly or indirectly another with
the infliction of any wrong upon his person,
honor or property or that of any immediate
member or members of his family in order to
prevent such person from appearing in the
investigation of, or official proceedings in,
criminal cases, or imposing a condition,
whether lawful or unlawful, in order to
prevent a person from appearing in the
investigation of or in official proceedings in,
criminal cases;
(i) giving of false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the
victim; or fabricating information from the
data gathered in confidence by investigating
authorities for purposes of background
information and not for publication and
publishing or disseminating the same to
mislead the investigator or to the court.
Rule 12.08 - A lawyer shall avoid testifying in
behalf of his client, except:
31
LEGAL ETHICS
32
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33
LEGAL ETHICS
34
LEGAL ETHICS
o
o
35
LEGAL ETHICS
o
o
Attorney-client relationship
Property or interest is in litigation
36
LEGAL ETHICS
o
o
37
LEGAL ETHICS
Basis
Coverage
Effectivity
Notice
Applicability
RETAINING
Passive lien. It
cannot
be
actively
enforced. It is
a general lien.
Lawful
possession of
funds, papers,
documents,
property
belonging to
client
Covers
only
funds, papers,
documents,
and property
in the lawful
possession of
the attorney by
reason of his
professional
employment
As soon as the
lawyer
gets
possession of
the
funds,
papers,
documents,
property
Client
need
not be notified
to make it
effective
May
be
exercised
before
judgment
or
execution, or
regardless
thereof
CHARGING
Active lien. It
can
be
enforced
by
execution. It is
a special lien.
Securing of a
favorable
money
judgment for
client
Covers
all
judgments for
the payment of
money
and
executions
issued
in
pursuance of
such judgment
As soon as the
claim
for
attorneys fees
had
been
entered
into
the records of
the case
Client
and
adverse party
need
to
notified
to
make
it
effective
Generally, it is
exercisable
only when the
attorney had
already
secured
a
favorable
judgment for
his client
38
LEGAL ETHICS
39
LEGAL ETHICS
40
LEGAL ETHICS
41
LEGAL ETHICS
of
o
o
42
LEGAL ETHICS
b)
c)
d)
CHAMPERTOUS CONTRACT
One where the lawyer stipulates with his client the
prosecution of the case that he will bear all the
expenses for the recovery of things or property
being claimed, and the latter pays only upon
successful litigation. Void for being against public
policy.
CONTINGENT CONTRACT
It is an agreement in which the lawyers fee, usually a
fixed percentage of what may be recovered in the
action, is made to depend upon the success in the
effort to enforce or defend the clients right. It is a
valid agreement. It is different from a champertous
contract in that the lawyer does not undertake to
shoulder the expenses of the litigation.
CONTINGENT
Contingent fee is payable
in cash.
Lawyers
do
not
undertake to pay all
expenses of litigation
Not prohibited
CHAMPERTOUS
Payable in kind only
Lawyers undertake to pay
all expenses of litigation
Void
43
LEGAL ETHICS
44
LEGAL ETHICS
Held:
Canon 17 of the Code of Professional
Responsibility provides that a lawyer owes
fidelity to the cause of his client and shall be
mindful of the trust and confidence reposed on
him. The rule is that an attorney is not permitted
to disclose communications made to him in his
professional character by a client, unless the
latter consents. This obligation to preserve the
confidences and secrets of a client arises at the
inception of their relationship. The protection
given to the client is perpetual and does not
cease with the termination of the litigation nor is
it affected by the partys ceasing to employ the
attorney and retaining another, or by any other
change of relation between them. It even
survives the death of the client.
45
LEGAL ETHICS
46
LEGAL ETHICS
such
those
from
of the
47
LEGAL ETHICS
This
rule
clarifies
that
privilege
communication applies even to prospective
clients. The disclosure and the lawyer's
opinion thereon create an attorney-client
relationship, even though the lawyer does
not eventually accept the employment or the
prospective client did not thereafter actually
engage the lawyer. By the consultation, the
lawyer already learned of the secrets of
prospective client. It is not fair if he will not
be bound by the rule on privileged
communication in respect of matters
disclosed to him by a prospective client.
This rule, of course, is subject to exception
of representation of conflicting interests.
In relation to conflict of interest, the lawyer
should ascertain as soon as practicable
whether the matter would involve a conflict
of interest with his other client or with his
own.
48
LEGAL ETHICS
o
o
49
LEGAL ETHICS
I.
Liabilities of Lawyers
CIVIL LIABILITY
Client is prejudiced by lawyers negligence
and misconduct.
Breach of fiduciary obligation
Civil liability to third persons
Libelous words in pleadings; violation of
communication privilege
Liability for costs of suit (treble costs)
when lawyer is made liable for insisting on
clients patently unmeritorious case or
interposing appeal merely to delay litigation
CRIMINAL LIABILITY
Prejudicing client through malicious breach
of professional duty
Revealing client secrets
Representing adverse interests
Introducing false evidence
Misappropriating clients funds (estafa)
Libel except if statements are connected
with the relevant, pertinent, and material to
the cause in hand or the subject of the
inquiry
COSTS OF SUIT
GENERAL RULE: Losing client and not the
lawyer is liable for costs, since the lawyer is not
a party-litigant
EXCEPTION: When the lawyer insisted on
clients patently unmeritorious case the court
may adjudge lawyer to pay treble costs of suit
CONTEMPT OF COURT
It is exercised on preservative and not on vindictive
principles and on corrective rather than the retaliatory
idea of punishment. It is criminal in nature.
The power to punish for contempt is inherent in all
courts. It is essential in the observance of order in
50
LEGAL ETHICS
o
o
o
o
Supreme Court
51
LEGAL ETHICS
VERIFIED COMPLAINT
TO THE IBP
Complaint must be:
In writing
Stating facts
complained of
POSSIBLE INVESTIGATORS:
Solicitor General
Any Officer of the SC
Any judge of a lower court
Shall notify the Respondent
REPORT
Submitted not later than 30 days from
termination of investigation. Contains:
1) Findings of facts
2) Recommendation
Disbar
Suspend
Dismiss
Fine
52
LEGAL ETHICS
o
o
o
o
o
o
o
o
o
o
B. Aggravating Circumstances
o
o
o
o
o
o
based solely
offense.
on
commission
of
such
IV. Reinstatement
It is the restoration in disbarment proceedings to
a disbarred lawyer the privilege to practice law.
Statutory basis: 1987 Constitution, Art. VIII, Sec.
5(5). The power of the Supreme Court to
reinstate is based on its constitutional
prerogative to promulgate rules on the
admission of applicants to the practice of law.
this is an exclusive authority
In order that there is reinstatement, the following
must be taken into consideration:
o the applicants character and standing prior
to disbarment;
o the nature or character of the misconduct for
which he is disbarred;
o his conduct subsequent to disbarment (Cui
v. Cui, 11 SCRA 755)
o including his efficient government service (In
Re: Adriatico, 17 Phil 324)
o the time that has elapsed between
disbarment and the application for
reinstatement and the circumstances that he
has been sufficiently punished and
disciplined (Prudential Bank v. Benjamin
Grecia, 192 SCRA 381)
o applicants appreciation of significance of his
dereliction and his assurance that he now
possesses the requisite probity and integrity;
o favorable endorsement of the IBP, pleas of
his loved ones (Yap Tan v. Sabandal, 170
SCRA 207)
The
court
may require
applicant
for
reinstatement to enroll in and pass the required
fourth year review classes in a recognized law
school. (Cui v. Cui, supra; In Re: Rusiana, 56
SCRA 240)
53
LEGAL ETHICS
54
LEGAL ETHICS
NEW CODE OF
(Bangalore Draft)
I.
II.
III.
IV.
V.
VI.
Independence
Integrity
Impartiality
Propriety
Equality
Competence and Diligence
CANON 1: INDEPENDENCE
CANON 2: INTEGRITY
CANON 3: IMPARTIALITY
CANON 4: PROPRIETY
CANON 5: EQUALITY
CANON 6: COMPETENCE AND DILIGENCE
JUDICIAL ETHICS
Branch of moral science which treats of the right and
proper conduct to be observed by all judges and
magistrates in trying and deciding controversies
brought to them for adjudication which conduct must
be
demonstrative
of
impartiality,
integrity,
competence, independence and freedom from
improprieties.
JUDGE
A public officer who, by virtue of his office, is clothed
with judicial authority, a public officer lawfully
appointed to decide litigated questions in accordance
with law.
DE JURE JUDGE
One who is exercising the office of judge as a matter
of right; an officer of a court who has been duly and
legally appointed, qualified and whose term has not
expired.
DE FACTO JUDGE
An officer who is not fully invested with all the powers
and duties conceded to judges, but is exercising the
office of a judge under some color of right.
Qualifications of SC members:
1. Natural born citizen
2. At least 40 years of age
3. Must have been for at least 15 years a judge
of a lower court or engaged in the practice of
law (Sec. 7 (1), Art. VIII, 1987 Constitution)
Qualifications of RTC judges:
1. Natural-born citizen
2. At least 35 years of age
3. For at least 10 years has been engaged in
the practice of law in the Philippines or has
held public office requiring admission to the
practice of law as an indispensable requisite
Qualifications of MTC judges:
1. Natural-born citizen of the Philippines;
2. At least 30 years of age;
3. For at least five years has been engaged in
the practice of law in the Philippines or has
held public office requiring admission to the
practice of law as an indispensable
requisite.
I.
JUDICIAL
CONDUCT
Independence
55
LEGAL ETHICS
56
LEGAL ETHICS
II. Integrity
CANON 2 INTEGRITY IS ESSENTIAL NOT
ONLY TO THE PROPER DISCHARGE OF THE
JUDICIAL OFFICE BUT ALSO TO THE
PERSONAL DEMEANOR OF JUDGES.
MEMORY AID FOR SECTIONS UNDER CANON 2:
III. Impartiality
CANON 3 IMPARTIALITY IS ESSENTIAL TO
THE PROPER DISCHARGE OF THE JUDICIAL
OFFICE. IT APPLIES NOT ONLY TO THE
DECISION ITSELF BUT ALSO TO THE
PROCESS BY WHICH THE DECISION IS
MADE.
MEMORY AID FOR SECTIONS UNDER CANON 3:
Disqualifications (Sec. 5)
57
LEGAL ETHICS
o
o
58
LEGAL ETHICS
Role of
the
judicial
officer
DISQUALIFICATION
Specific and exclusive
INHIBITION
No
specific
grounds
BUT
there is a broad
basis for such,
i.e., good, sound
ethical grounds
The matter is left
to the sound
discretion of the
judge
IV. Propriety
CANON 4 PROPRIETY AND THE
APPEARANCE
OF
PROPRIETY
ARE
ESSENTIAL TO THE PERFORMANCE OF ALL
THE ACTIVITIES OF A. JUDGE.
MEMORY AID FOR SECTIONS UNDER CANON 4:
59
LEGAL ETHICS
60
LEGAL ETHICS
V. Equality
CANON 5 - ENSURING EQUALITY OF
TREATMENT TO ALL BEFORE THE COURTS
IS ESSENTIAL TO THE DUE PERFORMANCE
OF THE JUDICIAL OFFICE.
MEMORY AID FOR SECTIONS UNDER CANON 5
61
LEGAL ETHICS
62
LEGAL ETHICS
LIABILITIES OF JUDGES
DISCIPLINE OF MEMBERS OF THE BENCH
I.
Liabilities of Judges
Statutory Basis
1987 Constitution, Art. VIII, Section 11. The members
of the Supreme Court and judges of lower courts shall
hold office during a good behavior until they reach the
age of seventy years or become incapacitated to
discharge the duties of their office. The Supreme
Court en banc shall have the power to discipline
judges of lower courts, or order their dismissal by a
vote of majority of the Members who actually took part
in the deliberations on the issues in the case and
voted thereon.
Misappropriation
of
fiduciary
funds
(proceeds of cash bail bond) by depositing
the check in his personal account, thus
converting the trust fund into his own use
(Barja v. Beracio, 74 SCRA 355).
SERIOUS MISCONDUCT
Exists when the judicial act complained of is corrupt or
inspired by an intention to violate the law or a
persistent disregard of well-known legal rules.
(Galangi v. Macli-ing, Adm. Matter No. 75-DJ, Jan. 17,
1978)
SERIOUS INEFFICIENCY
An example is negligence in the performance of duty,
if reckless in character (Lapena v. Collado, 76 SCRA
82)
63
LEGAL ETHICS
CONDUCT:
Administrative cases against lower court
judges and justices are automatically treated
as disbarment cases
Quantum of evidence
reasonable doubt.
required:
Beyond
64
LEGAL ETHICS
Annexes
INDIGENT CLIENTS
A. A.M. NO. 04-2-04-SC
B. RA 6033
C. RA 6034
D. RA 6035
E. PD 543
F. A.M. No. 08-11-7-SC (IRR):
SPECIAL LAW ON RETIRED JUSTICE AND
JUDGES
A. RA 910
LAW ON OBSTRUCTION OF JUSTICE
A. PD 1829
Indigent Clients
A. A.M. No. 04-2-04-SC
RE: PROPOSED REVISION OF RULE 141
REVISED RULES OF COURT
LEGAL FEES
RESOLUTION
Acting on the recommendation of the Chairman
of the Committee on Revision of the Rules of
Court submitting for this Courts consideration
and approval the Proposed Revision of Rule 141
of the Revised Rules of Court on Legal Fees, the
Court Resolved to APPROVE the same.
This Resolution shall take effect on August 16,
2004 following its publication in two (2)
newspapers of general circulation not later than
July 31, 2004.
July 20, 2004.
(Sgd.) Davide Jr. C.J., Puno, Panganiban,
Quisumbing
Ynares-Santiago,
SandovalGutierrez, Carpio, Austria-Martinez, CarpioMorales, Callejo, Sr., Azcuna, Tinga and ChinoNazario, JJ.
Carpio, J., on leave.
RULE 141
LEGAL FEES
SEC. 19. Indigent litigants exempt from
payment of legal fees. Indigent litigants (a)
whose gross income and that of their
immediate family do not exceed an amount
double the monthly minimum wage of an
employee and (b) who do not own real
property with A FAIR MARKET VALUE AS
STATED
IN
THE
CURRENT
TAX
DECLARATION of more than THREE hundred
ANNEXES
be
65
LEGAL ETHICS
ANNEXES
items until
government.
reimbursed
by
the
national
66
LEGAL ETHICS
ANNEXES
67
LEGAL ETHICS
ANNEXES
68
LEGAL ETHICS
(b)
(c)
(d)
(e)
ANNEXES
69
LEGAL ETHICS
ANNEXES
Chapter
Manila -
Year
2009 -
Month
03 -
Number
099
70
LEGAL ETHICS
(b)
(c)
(d)
(e)
(f)
ANNEXES
(g)
(h)
(i)
(j)
71
LEGAL ETHICS
ANNEXES
72
LEGAL ETHICS
ANNEXES
73
LEGAL ETHICS
ANNEXES
Municipal judges
P40.00
All others
100.00
74
LEGAL ETHICS
ANNEXES
(f)
(g)
(h)
(i)
Decree
75
LEGAL ETHICS
ANNEXES
76
LEGAL ETHICS
ANNEXES
RULE III
COMMISSIONING OF NOTARY PUBLIC
Sec. 1. Qualifications. - may be issued by an
Executive Judge to any qualified person who
submits a petition in accordance with these
Rules.
To be eligible for commissioning as notary
public, the petitioner must be:
1. Filipino citizen;
2. over 21 years of age;
3. a resident in the Philippines for at least
one (1) year and maintains a regular place
of work or business in the city or province
where the commission is to be issued;
4. member of the Philippine Bar in good
standing with clearances from the Office of
the Bar Confidant of the Supreme Court and
the Integrated Bar of the Philippines; and
5. not have been convicted in the first
instance of any crime involving moral
turpitude.
Sec. 2. Form of the Petition and Supporting
Documents. - Every petition for a notarial
commission shall be in writing, verified, and
shall include the following:
a. statement containing the petitioner's
personal qualifications (date of birth,
residence, telephone number, professional
tax receipt, roll of attorney's number and IBP
membership number); ,
b. certification of good moral character of
the petitioner by at least two (2) executive
officers of the local chapter of the Integrated
Bar of the Philippines where he is applying
for commission;
c. proof of payment for the filing of the
petition as required by these Rules; and
d. three (3) passport-size color photographs
with light background taken within thirty (30)
days of the application. The photograph
should not be retouched. The petitioner shall
sign his name at the bottom part of the
photographs.
Sec. 3. Application Fee. - Every petitioner for a
notarial commission shall pay the application fee
as prescribed in the Rules of Court.
Sec. 4. Summary Hearing on the Petition. - The
Executive Judge shall conduct a summary
hearing on the petition and shall grant the same
if:
a. petition is sufficient in form and
substance;
b. the petitioner proves the allegations
contained in the petition; and
77
LEGAL ETHICS
c.
ANNEXES
78
LEGAL ETHICS
ANNEXES
c.
Sec. 2. Prohibitions.
a. shall not perform a notarial act outside
his regular place of work or business;
EXCEPTION: a notarial act may be
performed at the request of the parties
in the following sites located within his
territorial jurisdiction:
1. public offices, convention halls, and
similar places where oaths of office may
be administered;
2. public function areas in hotels and
similar places for the signing of
instruments or documents requiring
notarization;
3. hospitals
and
other
medical
institutions where a party to an
instrument or document is confined for
treatment; and
4. any place where a party to an
instrument or document requiring
notarization is under detention.
b. shall not perform a notarial act if the person
involved as signatory to the instrument
or document 1. is not in the notary's presence
personally at the time of the
notarization; and
2. is not personally known to the notary
public or otherwise identified by the
notary
public
through
competent
evidence of identity as defined by these
Rules.
79
LEGAL ETHICS
ANNEXES
80
LEGAL ETHICS
ANNEXES
81
LEGAL ETHICS
RULE VII
SIGNATURE AND SEAL OF NOTARY PUBLIC
Sec. 1. Official Signature. - a notary public shall:
a. sign by hand on the notarial certificate only
the name indicated and as appearing on the
notary's commission;
b. not sign using a facsimile stamp or
printing device; and
c. affix his official signature only at the time
the notarial act is performed.
Sec. 2. Official Seal.
a. Every person commissioned as notary
public shall
1. have a seal of office
to be procured at his own expense
shall not be possessed or owned by
any other person
2. shall be of
i. metal
ii. circular in shape
iii. two inches in diameter
iv. name of the city or province and the
word "Philippines" and his own
name on the margin and the roll of
attorney's number on the face
thereof, with the words "notary
public" across the center.
A mark, image or impression of such
seal shall be made directly on the paper or
parchment on which the writing appears.
b. official seal shall be affixed only at the
time the notarial act is performedshall
be clearly impressed by the notary public on
every page of the instrument or document
notarized.
c. When not in use, the official seal shall be
kept safe and secure and shall be
accessible only to the notary public or the
person duly authorized by him.
ANNEXES
82
LEGAL ETHICS
ANNEXES
RULE VIII
NOTARIAL CERTIFICATES
Sec. 1. Form of Notarial Certificate. - shall
conform to all the requisites prescribed herein,
the Rules of Court and all other provisions of
issuances by the Supreme Court and in
applicable laws.
Sec. 2. Contents of the Concluding Part of the
Notarial Certificate. - shall include the following:
a. name of the notary public as exactly
indicated in the commission;
b. serial number of the commission of the
notary public;
c. the words "Notary Public" and the
province or city where the notary public
is commissioned, the expiration date of
the commission, the office address of the
notary public; and
d. the roll of attorney's number, the
professional tax receipt number and the
place and date of issuance thereof, and
the IBP membership number.
RULE IX
CERTIFICATE OF AUTHORITY OF NOTARIES
PUBLIC
Sec. 1. Certificate of Authority for a Notarial Act.
83
LEGAL ETHICS
ANNEXES
AND
84
LEGAL ETHICS
RULE XII
SPECIAL PROVISIONS
Sec. 1. Punishable Acts. - The Executive Judge
shall cause the prosecution of any person who:
a. knowingly
acts
or
otherwise
impersonates a notary public;
b. knowingly obtains, conceals, defaces, or
destroys the seal, notarial register, or
official records of a notary public; and
c. knowingly solicits, coerces, or in any
way influences a notary public to commit
official misconduct.
Sec. 2. Reports to the Supreme Court. - The
Executive Judge concerned shall submit
semestral reports to the Supreme Court on
discipline and prosecution of notaries public.
RULE XIII
REPEALING AND EFFECTIVITY PROVISIONS
Sec. 1. Repeal. - All rules and parts of rules,
including issuances of the Supreme Court
inconsistent herewith, are hereby repealed or
accordingly modified.
Sec. 2. Effective Date. - These Rules shall take
effect on the first day of August 2004, and shall
be published in a newspaper of general
circulation in the Philippines which provides
sufficiently wide circulation.
Promulgated this 6th day of July, 2004.
85
MANDATORY
CONTINUING
EDUCATION (MCLE)
LEGAL
RESOLUTION
ADOPTING THE REVISED RULES ON THE
CONTINUING LEGAL EDUCATION FOR
MEMBERS OF THE INTEGRATED BAR OF
THE PHILIPPINES
Considering the Rules on the Mandatory
Continuing Legal Education (MCLE) for
members of the Integrated Bar of the Philippines
(IBP), recommended by the IBP, endorsed by
the Philippine Judicial Academy, and reviewed
and passed upon by the Supreme Court
Committee on Legal Education, the Court
hereby resolves to approve, as it hereby
approves, the following Revised Rules for proper
implementation:
RULE 1
PURPOSE
SECTION 1. Purpose of the MCLE. Continuing
legal education is required of members of the
Integrated Bar of the Philippines (IBP) to ensure
that throughout their career, they keep abreast
with law and jurisprudence, maintain the ethics
of the profession and enhance the standards of
the practice of law.
RULE 2
MANDATORY
EDUCATION
CONTINUING
LEGAL
SECTION 1. Commencement of the MCLE. Within two (2) months from the approval of these
Rules by the Supreme Court En Banc, the
MCLE Committee shall be constituted and
shall commence the implementation of the
Mandatory Continuing Legal Education (MCLE)
program in accordance with these Rules.
SEC. 2. Requirements of completion of MCLE.
Members of the IBP not exempt under Rule 7
shall complete every three (3) years at least
thirty-six (36) hours of continuing legal education
activities approved by the MCLE Committee. Of
the 36 hours:
(a) At least six (6) hours shall be devoted to
legal ethics equivalent to six (6) credit
units.
LEGAL ETHICS
ANNEXES
ANNEXES
CREDIT
UNITS
SUPPORTING
DOCUMENTS
1.
SEMINARS,
CONVENTIONS,
CONFERENCES,
SYMPOSIA,
IN-HOUSE
EDUCATION PROGRAMS, WORKSHOPS,
DIALOGUES, ROUND TABLE DISCUSSIONS
BY APPROVED PROVIDERS UNDER RULE 7
AND OTHER RELATED RULES
1.
PARTICIPANT/
ATTENDEE
1 CU PER
HOUR OF
ATTENDA
NCE
CERTIFICATE OF
ATTENDANCE
WITH NUMBER
OF HOURS
86
LEGAL ETHICS
RULE 5
CATEGORIES OF CREDIT UNITS
COMPLIA
NCE
PERIOD
1.3
PANELIST/REA
CTOR
COMMENTATO
R/
MODERATOR/
COORDINATO
R/
FACILITATOR
OF CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
CERTIFICATION
FROM
SPONSORING
ORGANIZATION
PUBLISHED
BOOK
WITH
PROOF
AS
EDITOR
2.3 RESEARCH
PAPER
INNOVATIVE
PROGRAM/
CREATIVE
PROJECT
OF CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
DULY
CERTIFIED/PUBL
ISHED
TECHNICAL
REPORT/PAPER
2.4
LEGAL
ARTICLE
OF
AT LEAST TEN
(10) PAGES
OF CU PUBLISHED
FOR THE ARTICLE
SUBJECT
PER
COMPLIA
NCE
PERIOD
FULL CU
FOR THE
SUBJECT
PER
COMPLIA
NCE
PERIOD
2.5
LEGAL 1 CU PER PUBLISHED
NEWSLETTER/ ISSUE
NEWSLETTER/J
LAW JOURNAL
OURNAL
EDITOR
2.6
PROFESSORIA
L
CHAIR/
BAR REVIEW
LECTURE
LAW
TEACHING/
ANNEXES
CERTIFICATION
OF LAW DEAN
OR BAR REVIEW
DIRECTOR
SECTION 1. Computation of credit hours. Credit hours are computed based on actual time
spent in an education activity in hours to the
nearest one-quarter hour reported in decimals.
RULE 7
EXEMPTIONS
SECTION 1. Parties exempted from the MCLE. The following members of the Bar are exempt
from the MCLE requirement:
(a) The President and the Vice President of the
Philippines, and the Secretaries and
Undersecretaries of Executive Departments;
(b) Senators and Members of the House of
Representatives;
(c) The Chief Justice and Associate Justices of
the Supreme Court, incumbent and retired
members of the judiciary, incumbent
members of the Judicial and Bar Council
and incumbent court lawyers covered by the
87
LEGAL ETHICS
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
ANNEXES
RULE 8
STANDARDS
FOR
APPROVAL
EDUCATION ACTIVITIES
OF
88
LEGAL ETHICS
by
the
appropriate
89
LEGAL ETHICS
(c) Be accompanied
approval fee.
ANNEXES
ANNEXES
90
LEGAL ETHICS
BM No. 2012
PROPOSED RULE ON MANDATORY LEGAL
AID SERVICE FOR PRACTICING LAWYERS
RESOLUTION
Acting on the Memorandum dated January 27,
2009 of Justice Renato C. Corona re: Comment
of the Integrated Bar of the Philippines on our
Suggested Revisions to the Proposed Rule of
Mandatory Legal Aid Service for Practicing
Lawyers, the Court Resolved to APPROVE the
same.
This Resolution shall take effect on July 1, 2009
following publication of the said Rule and its
implementing regulations in at least two (2)
newspapers of general circulation.
February 10, 2009.
ANNEXES
91
LEGAL ETHICS
(d)
(e)
(f)
(g)
(h)
(i)
SECTION 5. Requirements.
(a) Every practicing lawyer is required to render
a minimum of sixty (60) hours of free legal
aid services to indigent litigants in a year.
Said 60 hours shall be spread within a
period of twelve (12) months, with a
minimum of five (5) hours of free legal aid
services each month. However, where it is
necessary for the practicing lawyer to render
legal aid service for more than five (5) hours
in one month, the excess hours may be
credited to the said lawyer for the
succeeding periods.
For this purpose, a practicing lawyer
shall coordinate with the Clerk of Court for
cases where he may render free legal aid
service. He may also coordinate with the
IBP Legal Aid Chairperson of the IBP
ANNEXES
92
LEGAL ETHICS
(e)
(f)
(g)
(h)
(i)
ANNEXES
SECTION 6. NCLA.
(a) The NCLA shall coordinate with the various
legal aid committees of the IBP local
chapters for the proper handling and
accounting of legal aid cases which
practicing lawyers can represent.
(b) The NCLA shall monitor the activities of the
Chapter of the Legal Aid Office with respect
to the coordination with Clerks of Court on
legal aid cases and the collation of
certificates submitted by practicing lawyers.
(c) The NCLA shall act as the national
repository of records in compliance with this
Rule.
(d) The NCLA shall prepare the following
forms: certificate to be issued by the Clerk
of Court and forms mentioned in Section
5(e) and (g).
(e) The NCLA shall hold in trust, manage and
utilize the contributions and penalties that
will be paid by lawyers pursuant to this Rule
to effectively carry out the provisions of this
Rule. For this purpose, it shall annually
submit an accounting to the IBP Board of
Governors. The accounting shall be
included by the IBP in its report to the
Supreme Court in connection with its
request for the release of the subsidy for its
legal aid program.
SECTION 7. Penalties.
(a) At the end of every calendar year, any
practicing lawyer who fails to meet the
minimum prescribed 60 hours of legal aid
service each year shall be required by the
IBP, through the NCLA, to explain why he
was unable to render the minimum
prescribed number of hours. If no
explanation has been given or if the NCLA
finds the explanation unsatisfactory, the
NCLA
shall
make
a
report
and
recommendation to the IBP Board of
Governors that the erring lawyer be declared
a member of the IBP who is not in good
standing. Upon approval of the NCLAs
recommendation, the IBP Board of
Governors shall declare the erring lawyer as
a member not in good standing. Notice
thereof shall be furnished the erring lawyer
and the IBP Chapter which submitted the
lawyers compliance report or the IBP
Chapter where the lawyer is registered, in
case he did not submit a compliance report.
The notice to the lawyer shall include a
directive to pay Four Thousand Pesos
(P4,000) penalty which shall accrue to the
special fund for the legal aid program of the
IBP.
93
LEGAL ETHICS
ANNEXES
94
LEGAL ETHICS
ANNEXES
95
LEGAL ETHICS
ANNEXES
96
LEGAL ETHICS
ANNEXES
97
LEGAL ETHICS
ANNEXES
(d)
(e)
(f)
(g)
(h)
(i)
98
LEGAL ETHICS
ANNEXES
A. M. No. 00-8-10-SC
September 4, 2001
RE: TRANSFER OF CASES FROM THE
SECURITIES AND EXCHANGE COMMISSION
TO THE REGIONAL TRIAL COURTS.
RESOLUTION
CLARIFICATION ON THE LEGAL FEES TO
BE COLLECTED AND THE APPLICABLE
PERIOD OF APPEAL IN CASES FORMERLY
COGNIZABLE BY THE SECURITIES AND
EXCHANGE COMMISSION
Clarification has been sought on the legal fees to
be collected and the period of appeal applicable
in cases formerly cognizable by the Securities
and Exchange Commission. It appears that the
Interim Rules of Procedure on Corporate
Rehabilitation and the Interim Rules of
Procedure for Intra-Corporate Controversies do
not provide the basis for the assessment of filing
fees and the period of appeal in cases
99
LEGAL ETHICS
ANNEXES
100
LEGAL ETHICS
ANNEXES
101
LEGAL ETHICS
(b)
(c)
(d)
(e)
ANNEXES
(f)
(g)
(h)
(i)
SECTION 6. NCLA. (a) The NCLA shall coordinate with the various
legal aid committees of the IBP local
102
LEGAL ETHICS
(b)
(c)
(d)
(e)
ANNEXES
103
LEGAL ETHICS
Rule 138-A
Law Student Practice Rule
Section 1. Conditions for student practice. A
law student who has successfully completed his
3rd year of the regular four-year prescribed law
curriculum and is enrolled in a recognized law
school's clinical legal education program
approved by the Supreme Court, may appear
without compensation in any civil, criminal or
administrative case before any trial court,
tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law
school.
Section 2. Appearance. The appearance of
the law student authorized by this rule, shall be
under the direct supervision and control of a
member of the Integrated Bar of the Philippines
duly accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or other
papers to be filed, must be signed by the
supervising attorney for and in behalf of the legal
clinic.
ANNEXES
104
LEGAL ETHICS
(c)
(d)
(e)
(f)
(g)
(h)
ANNEXES
105
LEGAL ETHICS
TABLE OF CONTENTS
LEGAL FORMS
Table of Contents
Part II.
A.
B.
D.
E.
E.
1.
2.
3.
4.
5.
Part III.
Pleadings and Other Legal
Documents in Criminal Procedure .............139
A. Complaint-Affidavit
and
CounterAffidavit..............................................139
B. Information and Complaint ................142
C. Motions..............................................145
1.
Motion to Quash Information........145
2.
Motion to Quash Search Warrant 146
3.
Motion to Suppress Evidence ......147
4.
Motion for Bail ..............................148
D. Application for Bail ............................149
107
LEGAL FORMS
Prof. Theodore Te
Faculty Editor
ACADEMICS COMMITTEE
Kristine Bongcaron
Michelle Dy
Patrich Leccio
Editors-in-Chief
LECTURES COMMITTEE
Michelle Arias
Camille Maranan
Angela Sandalo
Heads
Katz Manzano Mary Rose Beley
Sam Nuez Krizel Malabanan
Arianne Cerezo Marcrese Banaag
Volunteers
SCILICET
CAPTIONS AND TITLES
PRAYER
STATEMENTS UNDER OATH
1. Acknowledgement and Jurat
2. Verification
3. Certification against Forum Shopping
4. Verified Statement of Material dates
5. Specific Denial of Due Execution of
Actionable Documents
E. REQUEST FOR AND NOTICE OF HEARING
F. PROOF OF SERVICE
1. Proof of Personal Service
2. Proof of Service by Registered Mail
G. PLACE, DATE, SIGNATURE, ADDRESS, ROLL
NUMBER, IBP RECEIPT NUMBER, PTR
NUMBER, ETC.
H. NOTICE OF APPEAL
A. Scilicet
SCILICET, often abbreviated as S.S. or in a
caption, is Latin for it is permitted to know. It
refers to the venue of execution of the
instrument or document, and is read as to wit
or that is to say.
Standard Form of a Scilicet:
Dahlia Salamat
LOGISTICS
REPUBLIC
OF
THE
PHILIPPINES
City/Municipality of ____________ ) S.S.
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head
Loraine Mendoza Faye Celso
Mary Mendoza Joie Bajo
Members
108
LEGAL FORMS
LEGAL FORMS
-versus-
________________________________________,
Defendant.
x-----------------------------------x
OR
In case of a special proceeding, the Caption and Title looks like:
IN THE MATTER OF _______________________
C. Prayer
PRAYER
WHEREFORE it is respectfully prayed, after notice and hearing, that the defendant be ordered to pay the plaintiff
the amount of One Million Pesos (Php.1,000,000) for actual and compensatory damages, Fifty Thousand Pesos
(Php.50,000) for moral damages, Fifty Thousand Pesos (Php.50,000) for exemplary damages, and Fifty Thousand
Pesos (Php.50,000) for attorneys fees.
Other just and equitable reliefs are also prayed for.
JURAT
An act in which an individual (the NOTARY
PUBLIC) on a single occasion:
a. appears in person before the notary public and
presents an instrument or document;
b. is personally known to the notary public or
identified by the notary public through
competent evidence of identity as defined by
these Rules;
e.g. government issued ID
c. signs the instrument or document in the
presence of the notary; and
d. takes an oath or affirmation before the notary
public as to such instrument or document.
particularly re the due execution of the
document
LEGAL FORMS
109
________________________________________,
Plaintiff,
Where used:
- any notarized document
* NOTE THAT if the document is subscribed before
a public officer duly authorized to take oaths, then
there is no need for the affiant to produce a CTC,
nor for the entry into a Notarial Register; the
italicized portion of the JURAT is dispensed with,
but not the oath itself.
Note that one must specifically designate the nature/title of the instrument or deed the affiant has
executed.
Acknowledgement:
Republic of the Philippines )
City of Manila
) S.S.
th
BEFORE ME, this 13 day of April, 2007 in the City of Manila, Philippines, personally appeared ATTICUS
FINCH, with [Valid Identification Document] (Drivers License No. N25-07-007777) issued by the [official agency]
(Land Transportation Office) on 10 January 2007, known to me to be the same person who executed the foregoing
instrument, and who acknowledged to me that the same is his free act and deed.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year and place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007
st
NOTE: If the instrument consists of 2 or more pages, include the following after the 1 paragraph:
This instrument, consisting of ___ pages, including the page on which this acknowledgment is written, has been
signed on the left margin of each and every page thereof by ___________ and his witnesses (if any), and sealed with
my Notarial seal.
* The Notary Publics seal must be impressed on every page of the document notarized.
Jurat:
SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day of
_________________, affiant exhibiting before me his Government Issued ID no. _______________ issued on
__________________ at _____________________.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
Doc. No.
Page No.
Book No.
Series of 2007.
110
LEGAL FORMS
* The use of Community Tax Certificates is now discouraged as it is far too easy to obtain and highly
difficult to authenticate. Instead, what is now required to be stated is government issued identification or
GIID (e.g., Drivers license, SSS/GSIS Identification etc.)
* COMMON TO BOTH JURAT AND ACKNOWLEDGEMENT:
(SGD.) X
Notary Public
For (Place) until (Date Commission Expires)
PTR (Number)/(Date of Issue)/(Place of Issue)
Address
MCLE Compliance No.
111
2. Verification
A pleading is VERIFIED by an affidavit that the
affiant has read the pleading and that the
allegations contained therein are true and
correct of his personal knowledge or based on
authentic records (Sec. 4, par. 2, Rule 7, RoC).
The indispensable requirement of a Verification
is the statement that the document is executed
UNDER OATH.
Alternative
Center
for
Organizational
Reforms and Development, Inc. vs. Zamora
(2005) :: The statement to the best of my
knowledge are true and correct referring to the
allegations in the petition does not mean mere
knowledge,
information
and
belief.
It
constitutes substantial compliance with the
requirement of section 6 of Rule 7, as held in
Madrigal vs. Rodas (80 Phil. 252.). At any
rate, this petty technicality deserves scant
consideration where the question at issue is
one purely of law and there is no need of
delving into the veracity of the allegations in the
petition, which are not disputed at all by
respondents. As we have held time and again,
VERIFICATION
Republic of the Philippines )
City of _______________
) S.S.
C.K. Hilfiger, after having been duly sworn in accordance with law, deposes and states that:
1. He is the plaintiff in the pleading/document entitled (pleading/document being verified)
2. He has caused its preparation
3. He has read it and the allegations therein are true and correct of his own knowledge or based on authentic
records.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
LEGAL FORMS
112
LEGAL FORMS
) S.S.
C.K. Hilfiger, after having been duly sworn in accordance with law deposes and states that:
1. He is the plaintiff in the case entitled (title of the case);
2. He certifies that he has not commenced any action or filed any claim involving the same issues before any
other court, tribunal or quasi-judicial agency;
3. To the best of his knowledge, there is no such pending action or claim;
4. If he should learn that a similar action or claim has been filed or is pending he shall report such fact within
five (5) days from the discovery to this Honorable Court.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
* The Verifications in 2,3,4 and 5 can be contained in one document, if they are required in the same
pleading, as shown here:
Combined Verification and Certification against Forum Shopping:
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, C.K. Hilfiger, of legal age, do hereby state that: I am the Chief Executive Office of Alis Di-yan Company and in
such capacity, caused this Complaint to be prepared; I have read its contents and affirm that they are true and correct
to the best of my own personal knowledge; I hereby certify that there is no other case commenced or pending before
any court involving the same parties and the same issue and that, should I learn of such a case, I shall notify the
court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on _____________.
(Sgd.) C.K. HILFIGER
PLUS: Jurat
113
LEGAL FORMS
114
LEGAL FORMS
F. Proof of Service
1. Proof of Personal Service
Copy furnished through personal service:
2. Proof of Service by Registered Mail (with Explanation for failure to serve personally)
Pursuant to Sec. 11 & 13, Rule 13, RoC, a WRITTEN EXPLANATION is required, if the service and filing
of pleadings and other papers is done by registered mail instead of by personal service. But, this
explanation is not required in papers coming from the court. Otherwise, the paper may be considered as
not filed. Also, the explanation does not have to be verified, but it MUST be signed. However, in the
Supreme Court, where an Affidavit of Service is required, it may be practical to combine the Explanation
and the Affidavit of Service.
Copy furnished through registered mail:
Atty. Mitch McDeere
Counsel for the Defendant
2 The Firm
Laguna Street, Quezon City
Registry Receipt No. ________
Post Office ________________
Date _____________________
EXPLANATION
The foregoing (designation of pleading, motion, etc.) and its attachment were served on Atty. Mitch McDeere by
registered mail instead of personal service as counsel for petitioner only has one messenger and personal service
would have resulted in the motion not being filed on time to the detriment of petitioner.
(Sgd.) ATTICUS FINCH
Republic of the Philippines )
City of _______________ ) s.s.
AFFIDAVIT
I, HARPER LEE, a messenger of Atty. Atticus Finch, with office address at __________________, after
being duly sworn, deposes and states:
That on ______________________, I served a copy of the following pleadings/papers by registered mail in
accordance with Section 10, Rule 13 of the Rules of Court:
Nature of Pleading/Paper
________________________
________________________
in Case No. _________________ entitled ____________________ by depositing a copy in the post office in a sealed
envelope, plainly addressed to (name of party or his/her attorney) at _______________ with postage fully paid, as
evidenced by Registry Receipt No. _____________________ attached and with instructions to the post master to
return the mail to sender after ten (10) days if undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on 13 April 2007, in the City of Manila,
Philippines.
(Sgd.) HARPER LEE
Affiant
PLUS: Jurat
LEGAL FORMS
115
G. Place, Date, Signature, Address, Roll Number, IBP Receipt Number, PTR Number, etc.
116
LEGAL FORMS
H. Notice of Appeal
This is filed with the trial court that rendered the
judgment and not the appellate court. The
caption of this Notice must thus refer to the
same court that rendered the judgment and not
the appellate court.
CAPTION
NOTICE OF APPEAL
Defendant, ABC, by counsel, respectfully appeals to this Honorable Court the Decision of the lower court dated
13 April 2007, a copy of which he received on 26 April 2007.
Quezon City, 2 May 2007.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 1, Manila
TALO NAN,
Plaintiff,
Civil Case No. 00222
- versus PANA LO,
Defendant.
x------------------------- x
NOTICE OF APPEAL
PLAINTIFF, by counsel, respectfully appeals to the Court of Appeals the Decision of this Honorable Court dated
6 July 2006, a copy of which he received on 16 July 2006, for being contrary to law and the evidence presented.
Quezon City for Manila; 17 July 2006.
(Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
Copy furnished:
MITCH MCDEERE
Counsel for Defendant
117
LEGAL FORMS
118
LEGAL FORMS
A.
B.
C.
D.
E.
A. Complaint
A complaint MUST include all of the following:
1. Caption and Title
2. Parties/Capacity of Parties
3. Material Allegations of Ultimate Facts
4. Statement of Cause(s) of Action
An ANSWER states the defense/s,
admissions/specific
denials
(if
a
responsive
pleading),
counterclaim/crossclaim,
where
appropriate.
5. Prayer/Reliefs
6. Date/Place of Execution
7. Signature of Counsel
As discussed in I.G, the signature of
counsel must also indicate his address,
contact details (telephone, fax, mobile or
email address), Roll of Attorneys
number, current PTR number, IBP O.R.
number
and
MCLE
compliance/exemption number.
Under Sec. 3, Rule 7, RoC, the
signature of counsel constitutes his
certification that he has read the
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[3] 2. Plaintiff owns that property located at 112 Ocean Drive, Tuna Compound, Quezon City which it
leased to defendant under the terms and conditions stated in the Contract of Lease dated 1 January
2005, which contract expires on 31 December 2006. A copy of the contract is attached as ANNEX A.
3. Upon expiration of the contract, plaintiff informed defendant of its intention not to renew the lease
as it would use the property for its business expansion; plaintiff then asked defendant to vacate the
premises. A copy of plaintiffs letter to defendant is attached as ANNEX B.
[4] 4. Despite demand duly made and received, defendant has refused to vacate the premises and
continues to occupy the property without plaintiffs consent. [Although this statement is unnecessary in
this particular sample complaint, this merely exemplifies how this fact is alleged: Resort to the
Barangay conciliation system proved useless as defendant refused to appear before the Lupong
Tagapamayapa. A Certification to File Action is attached as ANNEX C.]
5. Defendants act of dispossession has caused plaintiff to suffer material injury because plaintiffs
business expansion plans could not be implemented despite the arrival of machineries specifically leased
for this purpose at the rental rate of US$500 per month. Defendants continued occupation of the
premises has also forced plaintiff to sue and to incur legal expenses amounting to Fifty Thousand Pesos
(P50,000.00).
[5] WHEREFORE, plaintiff respectfully prays for judgment in its favor by ordering defendant to vacate
the property and peacefully turn over possession to plaintiff and for defendant to pay plaintiff the amount
of US$3,500 representing rentals on the machineries for seven (7) months and Fifty Thousand Pesos
(P50,000.00) for Attorneys fees.
Other just and equitable reliefs are also prayed for.
[6] Quezon City; 13 April 2007.
[7] (Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
[Other Details under I.G.]
PLUS:
1. [8] Verification and Certification against Forum Shopping
2. Jurat
119
LEGAL FORMS
[2] 1. Plaintiff is a foreign corporation organized and existing under the laws of France with business
address at 111 Ocean Drive, Tuna Compound, Quezon City; Defendant is a Filipino, of legal age, single
and currently resident of 112 Ocean Drive, Tuna Compound, Quezon City, where he may be served with
summons and other pertinent processes.
B. Answer
In general, an Answer needs no verification.
BUT, if it interposes a specific denial of an
actionable document, then the Answer must be
verified.
- versus -
120
LEGAL FORMS
YOKO NGA,
Defendant.
x ----------------------------------- x
ANSWER
(With COUNTERCLAIM)
DEFENDANT, by counsel, respectfully states that:
Admissions/Denials
[2] 1. He admits the contents of paragraph 1 only insofar as his personal circumstances but specifically denies
the contents insofar as plaintiffs personal circumstances for the reason stated in the Affirmative Defenses below.
2. He admits the contents of paragraph 2 only where it states that a Contract of Lease was entered into but
specifically denies that the Contract reflects the true intent of the parties as explained in the Affirmative Defenses
below.
3. He admits the contents of paragraph 3 only as to the fact that demand to vacate was made but specifically
denies its contents as to the truth of the reasons for the letter for lack of knowledge sufficient to form a reasonable
belief as to its truth or falseness..
4. He specifically denies the contents of paragraphs 4 to 6 for the reasons stated in the Affirmative Defenses
below.
Affirmative Defenses
[4] 5. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material
and additionally submit that the Complaint should be dismissed because:
5.1. Plaintiff has no capacity to sue as it is a foreign corporation doing business in the
Philippines without a license.
5.2. The Complaint fails to state a cause of action as the Contract of Lease (ANNEX A) was,
before its expiration, superceded by a Deed of Absolute Sale whereby plaintiff sold to defendant
the parcel of land in question, a copy of which is attached as ANNEX 1.
Counterclaim
[5] 6. Defendant reiterates, repleads and incorporates by reference all the foregoing insofar as they are material
and additionally submit that he is entitled to relief arising from the filing of this malicious and baseless suit, as follows:
6.2. Attorneys Fees amounting to One Hundred Thousand Pesos (P100,000.00) because he
was compelled to secure services of counsel to vindicate his legal rights.
[6] WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the
Complaint and granting defendants counterclaim by awarding defendant: (a) One Million Pesos as Moral Damages,
and (b) Fifty Thousand as Attorneys Fees.
Other just and equitable reliefs are prayed for.
[7] Quezon City; 13 April 2007.
[8] (Sgd.) MITCH MCDEERE
Counsel for Defendant
[Address]
[9 & 10] VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, YOKO NGA, of legal age, do hereby state that: I am the defendant in the case filed by Alis Di-yan
Company for ejectment; in response, I have caused the preparation of this Answer with Counterclaim; I have read its
contents and affirm that they are true and correct to the best of my own personal knowledge; [To specifically deny
an actionable document: I specifically deny the genuineness and due execution as well as the binding effect
of the actionable documents pleaded by plaintiiff;] I hereby certify that there is no other case commenced or
pending before any court involving the same parties and the same issue and that, should I learn of such a case, I
shall notify the court within five (5) days from my notice.
IN WITNESS WHEREOF, I have signed this instrument on 13 April 2007.
(Sgd.) YOKO NGA
PLUS:
1.
2.
121
LEGAL FORMS
6.1. Moral Damages amounting to One Million Pesos (PHP1,000,000/00) because his name
and reputation were besmirched by this malicious and baseless suit.
D. Pre-Trial Brief
Failure to file the pre-trial brief is tantamount to
failure to appear at the pre-trial.
Pre-trial is now mandatory in criminal cases
based on Rule 118, the 2000 Rules on Criminal
Procedure and Republic Act No. 8493 (The
Speedy Trial Act), although neither the law nor
the Rules require the submission of a Pre-Trial
Brief in criminal cases (in practice, courts also
do not require the submission of a pre-trial brief
in
criminal
cases).
Consequently,
the
requirement of a pre-trial brief and the
consequences for failure to submit one (e.g.,
non-suit or dismissal) appear to pertain
exclusively to civil cases.
There is no need to attach a Notice of Hearing
for a Pre-Trial Brief.
PRE-TRIAL BRIEF
DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:
[1] I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from
plaintiff, defendant is open to the possibility of amicably settling this dispute.
1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, defendant respectfully submits that the desired
terms of any amicable settlement would involve, first, a clarification of the actual extent of any obligation due and
owing to plaintiff inasmuch as there is nothing to indicate defendants obligations to plaintiff and, second, a schedule
of payments.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight Hundred Eighteen Thousand
Nine Hundred Forty Eight Pesos and Thirty Centavos (PHP22,818,948.30) with interest at twelve percent (12%)
arising allegedly from unpaid orders delivered to defendant variously in 1989.
2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action because of :
122
LEGAL FORMS
2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the real party in interest
under Rule 3, section 2 of the 1997 Rules of Civil Procedure;
2.2.2. Extinguishment of the alleged claim made by the entity Regency Furniture.
123
LEGAL FORMS
2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos (PHP2,000,000.00) for moral
damages and Two Million Pesos (PHP2,000,000.00) for exemplary damages and One Hundred Thousand Pesos
(PHP100,000.00) as attorneys fees.
E. Motions
124
LEGAL FORMS
DEFENDANT, by counsel, respectfully moves to dismiss the Complaint on the ground that the Complaint fails to
state a cause of action as [1] THE OBLIGATION SOUGHT TO BE ENFORCED BY PLAINTIFF IS NOT YET DUE
AND DEMANDABLE, as shown by the following:
[2] 1. Allegedly, plaintiff has failed to reach the quotas agreed upon under the Marketing Agreement dated 1
January 2006; defendant now seeks to collect the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00),
representing the balance of the proceeds due plaintiff under the said Marketing Agreement.
2. The contract is for one (1) year and defendant is given that same period to reach the quota specified therein;
the period of one (1) year has not expired. Consequently, plaintiffs claim is premature as there is yet no breach of
the Marketing Agreement until the period expires and the quota is not attained. For this reason, plaintiffs Complaint
states no cause of action and must be dismissed.
[3] WHEREFORE, defendant respectfully prays that the Complaint be DISMISSED for failure to state a cause of
action.
Other just and equitable reliefs are also prayed for.
Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
[Address]
[4] REQUEST FOR & NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Metropolitan Trial Court
Branch 39, Quezon City
Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt
hereof and kindly include the same in the courts calendar for hearing on Friday, 27 April 2007 at 8:30 in the morning.
ATTICUS FINCH
1 MockingBird Street
Timog Avenue, Quezon City
Please take notice that counsel has requested to be heard on Friday, 27 April 2007 at 8:30 in the morning.
(Sgd.) MITCH MCDEERE
Counsel for Defendant
2 The Firm
Laguna Street, Quezon City
PLUS:[5] Proof of Service
125
LEGAL FORMS
A MOTION FOR JUDGMENT ON THE PLEADINGS, being a litigious motion, must request for a a
specific hearing date. Notice thereof must be given to adverse party through counsel.
Sample Motion for Judgment on the Pleadings:
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
For: Sum of Money
126
LEGAL FORMS
Under Rule 18, Sec. 1, RoC, it is now mandatory on the part of the plaintiff to move ex parte for setting of
pre-trial. Note that the motion is expressly denominated as ex parte, i.e., no need for hearing.
Sample Ex Parte Motion to Set for Pre-Trial:
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 39, Quezon City
LAKISA LAYAW,
Plaintiff,
Civil Case No. 97-31312
- versus LAKISA HIRAP,
Defendant.
x ------------------------- x
EX PARTE MOTION TO SET CASE FOR PRE-TRIAL
PLAINTIFF, by counsel, respectfully states that:
[1] 1. On 1 June 2006, defendant submitted her Answer to the Complaint, thereby causing the issues to be
joined.
[2] 2. This case is, thus, ripe for pre-trial. Complying with Rule 18, Section 1 of the 1997 Rules on Civil
Procedure, plaintiff respectfully asks that this case be set for pre-trial.
[3] WHEREFORE, plaintiff respectfully prays that this case be set for pre-trial on a date convenient to this
Honorable Court.
Quezon City; 13 April 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Plaintiff
[Address]
[4] REQUEST AND NOTICE
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 39, Quezon City
Please submit the foregoing to the Court for its approval immediately upon receipt hereof.
Copy furnished:
MITCH MCDEERE, ESQ.
2 The Firm
Laguna Street, Quezon City
Please take notice that counsel has requested for the approval of the foregoing motion immediately upon receipt.
(Sgd.) ATTICUS FINCH
Counsel for the Plaintiff
PLUS: [5] Proof of Service
LEGAL FORMS
127
Sometimes, a MOTION FOR POSTPONEMENT is considered a non-litigious motion; thus, the request
and notice need not specify a date of hearing and simply state that it is being submitted for approval
immediately upon receipt. Although, the better practice would be to file such a motion early so as to be
able to set it for hearing and approval by the court.
LEGAL FORMS
128
When filing a MOTION FOR EXTENSION OF TIME, it is always preferable to not only state the number of
additional days sought, but also the new deadline, so that it can be used as a personal reminder of the
new deadline.
Sample Motion for Extension of Time:
DILA TORY,
Plaintiff,
Civil Case No. 008877
- versus PASEN SYOSO,
Defendant.
x ------------------------------------ x
MOTION FOR EXTENSION OF TIME
PLAINTIFF, by counsel, respectfully states that:
1. He has been directed to file a Reply to defendants Answer by 10 May 2007.
[1 & 2] 2. The undersigned counsel, however, anticipates his inability to file the Reply on or before the said due
date because of the tremendous pressure of other equally urgent professional work requiring the preparation of
pleadings and almost daily trial appearances before the various courts within and outside Metro Manila. For this
reason, the undersigned is constrained to ask for an additional fifteen (15) days from 10 May 2007, or until 25 May
2007, within which to submit plaintiffs Reply.
3. This motion is not intended for delay but is motivated only by the foregoing reason.
[3] WHEREFORE, plaintiff respectfully prays that he be granted an additional fifteen (15) days from 10 May
2007, or until 25 May 2007, within which to submit plaintiffs Reply.
Quezon City; 13 April 2007.
(Sgd.) MITCH MCDEERE
Counsel for Plaintiff
[Address]
PLUS: [4] Request for and Notice of Hearing
[5] Proof of Service
LEGAL FORMS
129
The defendant, who is to be declared in default, is entitled to be notified of the MOTION TO DECLARE
DEFENDANT IN DEFAULT and the order declaring him/her in default; thereafter, he loses the right to
receive any other notices except for judgment in default.
Sample Motion to Declare Defendant in Default:
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 000909
- versus PADME AMIDALA,
Defendant.
x ---------------------------------- x
MOTION TO DECLARE DEFENDANT IN DEFAULT
PLAINTIFF, by counsel, respectfully states that:
1. Plaintiff filed this Complaint against defendant on 1 March 2007; summons were served on defendant on 20
March 2007, as indicated by the Sheriffs Return of even date, a copy of which is attached as ANNEX A.
[1 & 2] 2. Defendants reglementary period to file Answer ended on 5 April 2007; no motion for extension of
such period was filed nor was any granted motu proprio by this Honorable Court. Despite the lapse of time, defendant
has failed to answer the Complaint against her; plaintiff is entitled to a declaration of default and the right to present
evidence ex parte against defendant.
[3] WHEREFORE, plaintiff respectfully prays that defendant be declared in default and that plaintiff be allowed to
present evidence ex parte before the Clerk of Court acting as Commissioner.
Quezon City; 7 April 2007.
(Sgd.) DARTH SIDIOUS
Counsel for Plaintiff
[Address]
PLUS: [4] Request for and Notice of Hearing
[5] Proof of Service
LEGAL FORMS
130
Although not required, the following sample MOTION TO LIFT ORDER OF DEFAULT includes paragraph
numbers 1 & 2, which give a short summary of the material antecedents, so that the argument and the
basis for the relief sought is clear and placed in context.
131
LEGAL FORMS
1. Certiorari
Under Rule 65, RoC, a certiorari MUST include the ff:
1. Names of petitioner and respondent
2. Grounds
3. Prayer/Relief
4. Combined Verification, Certification against Forum Shopping and Statement of Material Dates
ADD the date when the Decision or Judgment was received
5. Attachments
a. Certified true copies of the judgment/order subject of petition
b. All material portions of the record as would support the petition
as well as all documents, relevant or pertinent thereto
Standard Form of a Certiorari (with Injunction and/or TRO):
(Caption and Title)
PETITION
PETITIONER, by counsel, respectfully states that:
[1] 1. (State capacity of petitioner and respondent/s, citizenship, status and residence.)
2. (State the date on which copy of Decision was received and/or Resolution on Motion for Reconsideration, if
filed, denied.)
[2] 3. (State briefly the facts and circumstances under which the respondent/s exercising judicial functions acted
without, or in excess of, jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.)
4. (State entitlement to Injunction and/or TRO, i.e., [a] petitioner has a clear, legal right, [b] which is threatened
by an act or omission of respondents, [c] and that, unless restrained, will cause grave and irreparable injury to
petitioner. Allege also that petitioner is ready to post a bond in an amount to be fixed by the Court conditioned upon
the payment to respondents of any damages suffered arising from the writ should petitioner be found not to be
entitled to the writ.)
5. There is no appeal from such decision or any plain or adequate speedy remedy in the ordinary course of law,
except this petition.
6. A certified true copy (or duplicate original copy) of the Decision under review is attached as ANNEX A.
[3] WHEREFORE, it is respectfully prayed that a writ of certiorari be issued ANNULLING the (act, decision or
finding) for being in grave abuse of discretion; in the interim, that a preliminary injunction and/or temporary restraining
order issue to ENJOIN any further proceedings by respondents.
Quezon City; 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: [4] Combined Verification, Certification against Forum Shopping, and Statement of Material Dates
[5] Attachments
132
LEGAL FORMS
Under Sec. 4, Rule 65, RoC, a petition for CERTIORARI, PROHIBITION or MANDAMUS may be filed not
later than 60 DAYS from notice of the judgment, order or resolution sought to be assailed in the Supreme
Court or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person,
in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme
Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate
jurisdiction, or in the Sandiganbayan if it is in aid of its jurisdiction. If it involves the acts or omissions of a
quasi-judicial agency, and unless otherwise provided by law or these Rules, the petition shall be filed in
and cognizable only by the Court of Appeals.
2. Prohibition
133
LEGAL FORMS
3. Mandamus
134
LEGAL FORMS
4. Interpleader
Under Rule 62, a complaint in interpleader MUST include all of the ff:
1. Parties
Petitioner, who must claim no interest or has an interest not disputed by claimants; and claimants
over the same subject matter
2. Material Allegations of Ultimate Facts
facts showing conflicting claims made on the same subject matter over which petitioner claims no
interest or an interest that is not disputed by claimants
3. Prayer/Relief
4. Date/Place of Execution
5. Signature of Counsel
6. Verification and Certification against Forum Shopping
In the following sample complaint in interpleader, note the boldfaced phrase. It is important to allege this
because otherwise plaintiff would be required to pay the docket fees involved in filing the Complaint in
Interpleader which would be determined by the value of the property. In this way, plaintiff will not be
unduly prejudiced by the costs of the suit.
Sample Complaint in Interpleader:
NALI LITO,
Plaintiff,
SCA No. ____________
- versus UMA AGAW and INA AGAWAN,
Defendants.
x --------------------------------------- x
COMPLAINT
PLAINTIFF, by counsel, respectfully states that:
[1] 1. Plaintiff and defendants are all of legal age; plaintiff resides at ________________ while defendants
reside at _______________ and _______________, respectively, where they may be served with pertinent notices.
[2] 2. On 1 June 2007, plaintiff found a Gold Rolex Oyster watch, without knowing who its true owner is. The
watch is now in plaintiffs possession. On or about 5 June 1999, defendants made similar representations to plaintiff
as to ownership of the watch.
3. Plaintiff, who claims no interest in the watch, cannot determine the conflicting claims of defendants and thus
seeks to compel defendants to interplead and litigate their several claims between themselves.
[3] WHEREFORE, it is respectfully prayed that this Honorable Court issue an order directing defendants to
interplead with one another to determine their respective rights and claims and to allow plaintiff to recover his
expenses for safekeeping and the costs of this suit, as first lien upon the subject matter of this action.
[4] Quezon City; 7 July 2007.
[5] (Sgd.) ATTICUS FINCH
Counsel for Plaintiff
[Address]
PLUS: [6] Verification and Certification against Forum Shopping
135
LEGAL FORMS
INTERPLEADER :: an action filed by a person, who claims no interest whatsoever upon a subject matter
or who has an undisputed whole or partial interest in a subject matter, upon which several others have
conflicting claims, against such other persons, to compel them to interplead and litigate their several
claims among themselves (Sec. 1, Rule 62, RoC, restated)
136
LEGAL FORMS
Under Sec. 1(2), Rule 63, RoC, an action to quiet (or remove cloud on) title MUST include all of the
following:
1. Parties
Any person interested under a deed, will, contract or other writing, before breach thereof, and
who stands to suffer injury by operation of the said deed, will, contract or other writing
2. Material Allegations of Ultimate Facts
facts showing interest under a deed, will, contract or other written instrument and injury arising
from operation of said deed, will, contract or other writing and facts showing that no violation or
breach has occurred; may also show facts showing need to reform instrument, quiet title
(arising from conflicting claims or cloud thereon) or to consolidate ownership (as when property
under pacto de retro not redeemed)
3. Prayer/Relief
4. Date/Place of Execution
5. Signature of Counsel
6. Verification and Certification against Forum Shopping
137
LEGAL FORMS
Under Sec. 1(1), Rule 63, RoC, an action for declaratory relief must include all of the following:
1. Parties
Any person interested under a deed, will, contract or other writing, before breach thereof, and
who stands to suffer injury by operation of the said deed, will, contract or other writing
2. Material Allegations of Ultimate Facts
facts showing interest under a deed, will, contract or other written instrument and injury arising
from operation of said deed, will, contract or other writing and facts showing that no violation or
breach has occurred; may also show facts showing need to reform instrument, quiet title
(arising from conflicting claims or cloud thereon) or to consolidate ownership (as when property
under pacto de retro not redeemed)
3. Prayer/Relief
4. Date/Place of Execution
5. Signature of Counsel
6. Verification and Certification against Forum Shopping
7. Quo Warranto
138
LEGAL FORMS
Under Rule 66, RoC, a petition for quo warranto MUST include all of the following:
1. Parties
a. Solicitor General, when directed by President or motu propio;
b. Person claiming to be entitled to public office or position usurped or unlawfully held or exercised
by another against the alleged usurping public officer;
2. Material Allegations of Ultimate Facts - facts showing usurpation of office and facts showing
entitlement of petitioner to the office
3. Prayer/Relief
4. Date/Place of Execution
5. Signature of Counsel
6. Verification and Certification against Forum Shopping
139
LEGAL FORMS
4. There is no other person named Ma Selan residing at Triple X Village nor is there any other person named
Ma Selan who has acted as Board Member of the Association. Consequently, Mr. Ingays public and defamatory
utterance was clearly a reference to me and to no other.
6. Mr. Ingays remarks have injured my name, reputation and character before my neighbors and peers. While
my name, reputation and character are incapable of pecuniary estimation as these are the result of a lifetimes effort
to build a name, reputation and character that my children and their children can be proud to bear, Mr. Ingay cannot
be allowed to simply go scot-free without bearing the consequences of his acts. For this reason, I am also holding
Mr. Ma Ingay liable civilly for defaming me in the amount of One Million Pesos (P1,000,000.00) in nominal
damages, Five Hundred Thousand Pesos (P500,000.00) in moral damages and Five Hundred Thousand Pesos
(P500,000.00) in exemplary damages.
TO THE TRUTH OF THE FOREGOING, I have signed this Complaint-Affidavit on 13 April 2007.
[4] (Sgd.) MA SELAN
Complainant-Affiant
th
[6] CERTIFICATION
I HEREBY CERTIFY THAT I HAVE PERSONALLY EXAMINED THE AFFIANT AND AM SATISFIED THAT HE
VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
(Sgd.) Investigating Prosecutor
Sample Counter-Affidavit:
Republic of the Philippines )
City of Makati
) S.S.
COUNTER-AFFIDAVIT
Re: I.S. No. 1613
[1] I, MA LABO, of legal age, with assistance of counsel, do hereby state under oath that:
1. I am the Chief of Staff of the Mayor of Quezon City, and have been occupying said post since his election to
the post in 1998. In said capacity, I am in charge of coordinating the day-to-day affairs and activities of his Office.
[2] 2. I recently learned that I have been made a respondent in I.S. No. 1613, a charge for estafa, filed by a
certain MA GULANG on 19 January 2007 before the Office of the City Prosecutor for Quezon City.
3. The charge is based on a supposedly unpaid account for the purchase of seven (7) Nextel phone units by a
Mr. MANGGA GANTSO of the Quezon City Rescue and Environmental Distress Unit, which made the Mayor their
Honorary Chairman with no direct functions; he has been supporting their activities financially with voluntary
contributions.
[3] 4. There is no truth to the allegations in MA GULANGs complaint. There is no factual nor legal basis to
charge me with estafa. The Complaint must be dismissed. To rebut and contradict MA GULANGs malicious lies, I set
forth the true circumstances leading to the transaction below:
4.1. Sometime last year, Ms. Gulang called the office of the Mayor, looking for him; I informed
her that he was not around. I took a message from her saying that she was a friend of the Mayor
and that she was selling Nextel units and if we wanted to buy units from her. I informed her that
both the Mayor and I had our units already; she then told me if the Mayor could refer her to
prospective clients. When the Mayor arrived, I relayed the message to him.
140
LEGAL FORMS
5. Mr. Ma Ingays remarks, calling me a swindler twice over, uttered in a public meeting are clearly insulting and
defamatory as they malign me and attribute to me a criminal act, nature and predisposition. There is, moreover, no
doubt that Mr. Ingays use of the word swindled was deliberate as his explanation and clarification a few utterances
thereafter would show. Mr. Ingays remarks are also very serious as they cast aspersions on my reputation, character
and very person before my peers and fellow homeowners.
4.2. Quite coincidentally, Mr. Gantso had called the Mayor asking if he could assist in securing
Nextel units. The Mayor asked me to call Ms. Gulang. Mr. Gantso and Ms. Gulang were able to
meet, as a result.
4.4. Some time after that, Ms. Gulang phoned me and told me that Mr. Gantso had not paid
her the amount of P11,000.00 for the units. Somewhat embarrassed by this, I called Mr. Gantso
and told him to pay Ms. Gulang; he assured me that he would pay her but that he just needed to
collect money from the rest of the group.
4.5. After persistent calls from Ms. Gulang telling me that Mr. Gantso had not yet paid, I gave
her the telephone number of Gantso so that she could just call him directly. But even then, I would
still get calls from Ms. Gulang; and when she started to get angry over the telephone, I set up an
appointment for Mr. Gantso to meet with her at the Office.
4.6. Thereafter, I would still receive phone calls telling me that Mr. Gantso had yet to pay; I
would follow up with Mr. Gantso but he simply gave me this promise that he would pay.
5. It is utterly inexplicable that Ms. Gulang would hold me liable for estafa when all that I did was to refer Ms.
Gulang to Mr. Gantso; to a certain extent, I even exerted my best efforts to see that Ms. Gulang was paid due simply
to my great embarrassment at the prospect of being accused of referring a person who does not know how to pay for
an obligation.
6. For this reason, it is certainly incomprehensible that I should stand accused of estafa by Ms. Gulang. I
performed no act of deceit or fraud against her in ordering the units. I performed NO ACT that even remotely
resembles ANY of the acts punished under Article 315. If at all, any cause of action is PURELY CIVIL in nature
and that liability does not pertain to my personal account in the absence of a showing that I benefited from the Nextel
units (which Ms. Gulang does not even allege and cannot prove); any civil liability should pertain to the Office of the
Mayor, not to me.
7. Considering the foregoing, I respectfully submit that there is no prima facie basis to conclude that the crime of
Estafa or that any crime at all has been committed. The Complaint against me should, thus, be dismissed.
TO THE TRUTH OF THE FOREGOING, I have signed this Statement on 3 February 2007.
[4] (Sgd.) MA LABO
Affiant
141
LEGAL FORMS
4.3. On that day, Ms. Gulang brought the units to the Mayors Office; she met with Mr. Gantso
inside the Mayors office. They transacted business inside the Mayors Office and only passed by
my office on their way out.
COMPLAINT
a sworn written statement, charging a person with
an offense, subscribed by the offended party, any
peace officer or other public officer, charged with
the enforcement of the law violated (Sec. 3, Rule
110, RoC)
must be under oath
BUT lack of oath is not a formal defect and will not
invalidate judgment
PREVAILS, in case of conflict between the
information and the complaint filed, thus, omissions
made in the complaint, though corrected in the
information, are fatal (People vs. Oso, 1935)
A complaint for purposes of PI by the fiscal need
NOT be filed by the offended party. Unless the
offense subject thereof is one that cannot be
prosecuted de oficio, the complaint may be filed, for
PI purposes, by any competent person. The
complaint referred to in Rule 110 contemplates one
filed in court, not with the fiscal, and in such case,
the proceeding must be started by the aggrieved
party himself. (Ebarle vs. Sucaldito)
GENERALLY, a criminal action is commenced by complaint or information, both of which are filed in
court. A complaint must be filed by the offended party, while an information must be filed by the fiscal. But
a "complaint" filed with the fiscal prior to a judicial action may be filed by any person (Ebarle vs.
Sucaldito).
Under Sec. 11, 1991 Revised Rules on Summary Procedure, criminal cases covered by the said rules are
commenced by filing EITHER a complaint or information. BUT, in Metro Manila and in chartered cities, a
criminal case can only be commenced by filing an INFORMATION, EXCEPT when the offense cannot be
prosecuted de oficio.
Under Sec. 1(b), 1991 Revised Rules on Summary Procedure, the said criminal cases include
VIOLATIONS of traffic laws, rules and regulations; rental law; municipal or city ordinances; and Batas
Pambansa Blg. 22 and ALL other criminal cases, where the punishment is imprisonment for not longer
than 6 months and/or fine of not more than P1,000. Provided, that offenses involving damage to property
through criminal negligence cost (damage) no more than P10,000. ALSO, the 1991 Revised Rules on
Summary Procedure does NOT apply to a criminal case, where the offense charged is necessarily related
to another criminal case subject to the ordinary procedures.
Under Secs. 6-13, Rule 110, 2000 Rules on Criminal Procedure, an INFORMATION MUST include all of
the following:
1. Parties
a. Name of Offended Party
b. Name of Accused
2. Designation of Offense by Statute
3. Acts or Omissions Complained of as Constituting the Offense
including a statement of the qualifying or aggravating circumstances
4. Approximate Time of the Commission of the Offense
5. Place of Commission
6. Signature of Prosecutor (for Information)
7. Signature of Offended Party, Peace Officer or Public Officer Charged with Enforcement of the Law
(for Complaint)
8. NOTE: If Information is filed after inquest (and not preliminary investigation), ADD:
142
LEGAL FORMS
INFORMATION
an accusation in writing, charging a person with
an offense, subscribed by the prosecutor and filed
with the court (Sec. 4, Rule 110, RoC)
- versus PI KUTIN,
Accused.
x ---------------------------------------- x
INFORMATION
ELLIOT NESS
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 9 day of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
Bail Recommended: P10,000.00
143
LEGAL FORMS
The Undersigned accuses KLEPTO MANIAC of the crime of Theft, committed as follows:
That on or about 3 July 2006, in the City of Quezon and within the jurisdiction of
this Honorable Court, the said accused, then 11 years old and without any known
address, willfully, unlawfully and feloniously, with intent to gain, without force upon
things or violence upon persons and without the knowledge and consent of MA
ALAHAS, the owner, took a gold necklace studded with diamonds valued at One
Hundred Thousand Pesos (P100,000.00) to the prejudice of said owner.
CONTRARY TO LAW.
ELLIOT NESS
Assistant City Prosecutor
CERTIFICATION AS TO CONDUCT OF INQUEST
I hereby certify that the accused was lawfully arrested without a warrant and that, upon being informed of his rights,
refused to waive the provisions of Article 125 of the Revised Penal Code and, for this reason, an Inquest was conducted;
that based on the complaint and the evidence presented before me without any countervailing evidence submitted by the
accused, despite opportunity to do so, there is reasonable ground to believe that the accused has committed the crime of
theft and should, thus, be held for said crime; that this Information was with the prior authority of the City Prosecutor.
ELLIOT NESS
Assistant City Prosecutor
SUBSCRIBED AND SWORN TO BEFORE ME this 9th of August 2006 in Quezon City.
AL CAPONE
City Prosecutor
144
LEGAL FORMS
C. Motions
1. Motion to Quash Information
A motion to quash information MUST include all of the following:
1. Caption and Title
2. Parties
3. Distinct Specification of Factual and Legal Grounds for Quashal
4. Relief
5. Date/Place
6. Signature of Counsel
7. Notice of Hearing
8. Affidavit of Service
LEGAL FORMS
145
[2] THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime of theft on the
following:
[3] GROUNDS
1.
2.
VIG CHAN,
Accused.
x ---------------------------------------------- x
MOTION TO QUASH SEARCH WARRANT
The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1122 issued by this
Honorable Court on and dated 12 July 2006 based on the following considerations:
[2] 1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant shall be valid for
ten (10) days from its date and that thereafter, it shall be void.
th
2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11 day
from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the
searching team (a copy of which is already part of the records). A search was made on the same day, 23 July 2006;
pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search Warrant is
void and must, thus, be quashed.
[3] WHEREFORE, it is respectfully prayed that Search Warrant No. 1122 be QUASHED and all objects seized
under its purported authority be declared INADMISSIBLE under the exclusionary rule in Article III, Section 3(2) in
relation to section 2 of the 1987 Constitution.
[4] Quezon City; 25 July 2006.
[5] (Sgd.) MA TAPANG
Counsel for Accused
[Address]
PLUS: [6] Request for and Notice of Hearing
[7] Proof of Service
146
LEGAL FORMS
Under Sec. 14, Rule 126, RoC, a MOTION TO QUASH SEARCH WARRANT may be filed in and acted
upon only by the court where the action is filed. If no action has yet been filed, it may be filed with the
court that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case is
then filed in another court, the motion may be resolved by such other court.
VIG CHAN,
Accused.
x ---------------------------------------------- x
MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED
The ACCUSED, by counsel, respectfully moves for the suppression of objects seized on 23 July 2006, pursuant to
Search Warrant No. 1122 issued by this Honorable Court dated 12 July 2006, based on the following considerations:
[2] 1. Search Warrant No. 1122 was served on the 11th day and is, thus, void.
2. The motor vehicle seized does not fall within the property that may lawfully be seized.
Discussion
[1] Search Warrant No. 1122 was
served on the 11th day and is, thus,
void.
1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10)
days from its date and that thereafter, it shall be void.
2. Search Warrant No. 1122 is dated 12 July 2006. It was served on the accused on 23 July 2006, the 11 th day from its
date; this is certified to by the Sworn Inventory and Return executed by Major Alang Alam, the leader of the searching team
(a copy of which is already part of the records). A search was made on the same day, 23 July 2006; pursuant to said search,
certain objects were seized and delivered to the court. Under the law, the Search Warrant is void.
3. No valid seizure may be made under a void warrant. For this reason, the following objects must be suppressed:
[list items]
[2] The motor vehicle seized does
not fall within the property that
may lawfully be seized.
4. On the occasion of the search, the searching party also seized accuseds green Jaguar XJE with license plate,
No. 1", allegedly for being subject of the offense. Thereafter, it was impounded and kept at the PNP Motor Pool.
5. The motor vehicle cannot be subject of the offense as accused is charged with libel. There is no relation between
147
LEGAL FORMS
Under Sec. 14, Rule 126, RoC, a MOTION TO QUASH SEARCH WARRANT may be filed in and acted
upon only by the court where the action is filed. If no action has yet been filed, it may be filed with the
court that issued the search warrant. If the latter court has yet to issue a resolution and a criminal case is
then filed in another court, the motion may be resolved by such other court.
[2] THE ACCUSED, by counsel, respectfully moves to be allowed bail on the ground that the [3] prosecutions evidence
of his guilt is not strong. In support, he respectfully submits the following:
1. The Information alleges that he raped the private complainant on 25 December 2005 at his residence in Quezon
City. The prosecutions own evidence, however, belies this allegation as: (a) the medical certificate (attached as ANNEX A
to the Information) states that private complainant is in a virgin state with no physical and outward signs of trauma; (b) the
medical certificate issued by the NBI doctor (attached as ANNEX B to the Information) after a physical examination of the
accused, two (2) days after the alleged rape, shows that he is suffering from erectile dysfunction and has been so afflicted
for close to five (5) years now and (c) the sworn statements of the private complainant conflict with and contradict each other
such that her credibility must be placed in doubt.
2. For these reasons, there is no basis to conclude that the accused raped the private complainant as there is less than
circumstantial evidence of this fact. He is, thus, entitled to bail as a matter of right.
WHEREFORE, it is respectfully prayed that the accused be granted: (1) a bail hearing, during which the prosecution
should be directed to present its evidence to show the strength of its evidence of the accuseds guilt, and (2) thereafter,
grant the accused reasonable bail.
Other just and equitable reliefs are also prayed for.
Quezon City; 7 July 2007.
(Sgd.) MITCH MCDEERE
Counsel for the Accused
[Address]
PLUS: Request for and Notice of Hearing
148
LEGAL FORMS
[3] WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1122 be declared
INADMISSIBLE under the exclusionary rule in Article III, section 3(2) in relation to Section 2 of the 1987 Constitution.
Furthermore, it is prayed that the Green Jaguar XJE with license plate No. 1" be immediately returned to the accused.
LEGAL FORMS
149
[1] (Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -
RECY DIVIST,
Accused.
x ---------------------------------------------- x
APPLICATION FOR PROBATION
THE ACCUSED, by counsel, respectfully applies for probation pursuant to the provisions of Presidential Decree
No. 968, as amended.
In support of this application, the accused respectfully submits the following:
1. Accused-applicant is of legal age and currently gainfully employed at ASN Broadcasting Corporation located
at Timog Avenue, Quezon City. On 23 February 2007, she pleaded guilty to the offense charged herein;
consequently, this Honorable Court in its Order dated 8 March 2007 sentenced accused-applicant to an
indeterminate penalty ranging from three (3) years to five (5) years of prision correccional.
[2] 2. Accused-applicant humbly submits that she possesses all the qualifications and none of the
disqualifications enumerated under section 2 of Presidential Decree No. 968, specifically:
2.1. She has not been convicted of any crime against national security or public order;
2.2. She has not been previously convicted by final judgment of an offense punishable by
imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two
Hundred Pesos (P200.00);
2.3. She has not previously applied for nor had been previously placed under probation under
Presidential Decree No. 968.
2.4. She has not started to serve her sentence and, to date, has not filed any Notice of Appeal
from the Order of conviction.
3 Finally, granting this application will not in any way depreciate the seriousness of the offense charged nor
cause any undue risk that during the period of probation, accused-applicant will commit another crime. Moreover,
accused-applicant does not need any correctional treatment requiring commitment to an institution.
[3] WHEREFORE, accused-applicant respectfully prays that her application for probation be GRANTED and that
she be placed under probation under such terms and conditions necessary to attain and ensure the objectives of the
law and which, under the circumstances, are fair, just and reasonable in the sound discretion of this Honorable Court.
Quezon City for Pasig City; 12 March 2007.
(Sgd.) ATTICUS FINCH
Counsel for Accused
[Address]
PLUS: [4] Verification
[5] Request for and Notice of Hearing
IV. Pleadings and Other Legal Documents Common to Civil and Criminal Procedure
A.
OFFER
OF
EVIDENCE
AND
OPPOSITION/COMMENT TO OFFER
B. DEMURRER TO EVIDENCE
C. NOTICE OF LIS PENDENS
D. APPEARANCE AND WITHDRAWAL AS
COUNSEL
E. SUBSTITUTION OF COUNSEL
LEGAL FORMS
150
If the question calls for an Offer of Evidence by the Accused/Defense, then the proper 1 par. should
read: The Accused (Defendant), by counsel, respectfully offers his/her documentary exhibits in
support of his/her defenses, as follows:.
This is a common mistake for any legal document submitted by a private prosecutor. It is important to
remember that the private prosecutor has no personality to do anything in a criminal case as everything is
under the control and direction of the public prosecutor. Thus, every legal document must be signed by
both the public prosecutor and the private prosecutor. Note that it would also be acceptable to have
the Offer that is prepared by a private prosecutor signed by the public prosecutor to show his
conformity thereto.
Sample Formal Offer of Evidence:
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 90, Quezon City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 000011
- versus RECY DIVIST,
Accused.
x ------------------------------------------ x
FORMAL OFFER OF EVIDENCE
THE PROSECUTION, by the undersigned public and private prosecutors, respectfully offer their documentary
exhibits in support of their case-in-chief:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signatureto
prove that on the date and time stated in the affidavit, the accused issued a post-dated check in the amount of One
Million Pesos (P1,000,000.00) which, on presentment for payment, was dishonored for lack of insufficient funds; to
prove authorship and the authenticity of the sworn statement; and as part of the testimony of the private complainant.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million
Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of
accused on face of the checkto prove the issuance of the check, the amount stated, the reason for dishonor and the
identity of the issuer. The marked copies of Exhibits A and B are already part of the record.
WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be ADMITTED as proof of the facts
therein stated and in support of its case-in-chief and for all other relevant purposes.
ELLIOT NESS
Public Prosecutor
LEGAL FORMS
Copy furnished:
MITCH MCDEERE
Counsel for Accused
On the other hand, a COMMENT/OPPOSITION TO OFFER only objects to the ADMISSIBILITY of the
document objected to, and never to the purpose of the offer, which goes to the weight of the document
(unless, the objection is relevance, then purpose may properly be objected to as relevance also
determines admissibility). Any objections to purpose should be made in the Memorandum and an
appropriate reservation to do so may be stated in the Comment.
Sample Comment/Opposition to Offer:
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 000011
- versus RECY DIVIST,
Accused.
x ------------------------------------------ x
COMMENT ON THE PROSECUTIONS
FORMAL OFFER OF EVIDENCE
THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for the following reasons:
1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and Exhibit A-1, his signature are
INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to
cross-examination, thus, the document is hearsay and inadmissible.
2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the amount of One Million
Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of
accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was
never presented; and no basis for the presentation of secondary evidence laid.
ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are INADMISSIBLE and
must, thus, be EXCLUDED.
Quezon City; 7 July 2007.
(Sgd.) MITCH MCDEERE
Counsel for the Accused
[Address]
Copy furnished:
ELLIOT NESS
Public Prosecutor
ATTICUS FINCH
Private Prosecutor
151
B. Demurrer to Evidence
In civil cases, a DEMURRER may be filed with or without leave of court, but if the demurrer is granted and
later reversed on appeal, the defendant loses the right to adduce evidence.
Sample Demurrer in a Civil Case:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 000909
- versus PADME AMIDALA,
Defendant.
x ---------------------------------- x
DEMURRER TO THE EVIDENCE
DEFENDANT, by counsel, with leave of court previously sought and granted, respectfully submits this Demurrer
to the Evidence because plaintiff has failed to prove entitlement to his claims by a preponderance of evidence:
1. This action seeks to collect a sum of money arising from a contract.
2. Plaintiff, after resting his case, has failed to: (a) prove the authenticity of the contract, (b) the extent of the
obligation under the contract, (c) the demandability of the obligation under the contract and (d) defendants liability for
the obligation and damages.
3. Consequently, plaintiff has failed to prove his claims by a preponderance of evidence and defendant is
entitled to a dismissal of the Complaint against her.
WHEREFORE, defendant respectfully prays that the Complaint against her be DISMISSED.
Quezon City; 13 April 2007.
(Sgd.) OBI WAN KENOBI
Counsel for Defendant
[Address]
PLUS: Request for and Notice of Hearing
LEGAL FORMS
152
On the other hand, in criminal cases, a DEMURRER TO EVIDENCE, which may also be called a
MOTION TO ACQUIT since the relief sought is acquittal, is a litigious motion and must be set for
hearing. Under Sec. 23, Rule 119, RoC, if the court denies the demurrer filed with leave of court, the
accused may present evidence in his defense. BUT, if the demurrer was filed WITHOUT leave of court,
the accused waives the right to present evidence and submits the case for judgment on the basis of the
evidence for the prosecution. If the second option is sought, the MOTION FOR LEAVE OF COURT TO
FILE DEMURRER TO EVIDENCE must be filed PRIOR to the Demurrer, and it is only after such Motion
has been granted, that the Demurrer may be filed.
Sample Demurrer in a Criminal Case:
(Caption)
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 007
For: Violation of PD 1866
153
LEGAL FORMS
DAMI LUPA,
Plaintiff,
Civil Case No. 007
For: Reconveyance
PADME AMIDALA,
Defendant.
x -------------------------------- x
ENTRY OF APPEARANCE
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 101, Quezon City
Please enter the appearance of the undersigned as counsel for defendant Padme Amidala, with her express
154
LEGAL FORMS
conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to the undersigned at the
address given below.
RESPECTFULLY SUBMITTED.
155
LEGAL FORMS
Copy furnished:
DARTH SIDIOUS
In the same vein, the express CONFORMITY of the client must GENERALLY be shown by the lawyer,
who seeks to withdraw his appearance as counsel. If such conformity was provided, the lawyer does not
have to explain his withdrawal. BUT, if such conformity was not given prior to withdrawal, the lawyer may
be asked to secure conformity, except when the withdrawal was due to fundamental and irreconcilable
professional differences, which must be STATED so as to justify the absence of conformity.
Sample Withdrawal as Counsel:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
- versus -
PADME AMIDALA,
Defendant.
x -------------------------------- x
WITHDRAWAL OF APPEARANCE
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 101, Quezon City
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER,
with his express conformity as indicated below, in this case. Henceforth kindly address all pertinent notices to plaintiff
at his address given in the Complaint.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
WITH MY CONFORMITY:
(Sgd.) ANAKIN SKYWALKER
WITHDRAWAL OF APPEARANCE
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 101, Quezon City
Please make of record the WITHDRAWAL of the undersigned as counsel for plaintiff ANAKIN SKYWALKER due
to irreconcilable professional differences with plaintiff, for which reason the express conformity of plaintiff
cannot be obtained. Henceforth kindly address all pertinent notices to plaintiff at his address given in the Complaint.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
(Sgd.) MACE WINDU
1 Imperial Palace, Cloud City, Pasig City
E. Substitution of Counsel
Sample Substitution of Counsel:
(Caption)
ANAKIN SKYWALKER,
Plaintiff,
Civil Case No. 1357
For: Legal Separation
SUBSTITUTION OF COUNSEL
THE UNDERSIGNED respectfully enters his appearance as counsel for defendant Padme Amidala in
substitution of former counsel Darth Maul, as shown by her express conformity below. Henceforth, kindly address all
pertinent notices to the undersigned at the address given below.
RESPECTFULLY SUBMITTED.
Quezon City; 7 July 2007.
OBI WAN KENOBI
Counsel for Defendant
2 Corruscant Place
Tatooine Road, Pasig City
WITH MY CONFORMITY:
(Sgd.) PADME AMIDALA
156
LEGAL FORMS
ANAKIN SKYWALKER,
Plaintiff,
157
OF
LEGAL FORMS
OF
SP No. 111334
DARTH VADER and PADME AMIDALA,
Petitioners.
x ------------------------------------------ x
PETITION
PETITIONERS, by counsel, respectfully state that:
1. Petitioners are husband and wife, both of legal age, and residents of __________.
2. They have no legitimate children of their own and desire to jointly adopt a minor named ANAKIN
SKYWALKER, 10 years old, the legitimate child of _________________.
3. The parents of the minor are not insane, intemperate and are in full possession of civil capacity; they have not
abandoned the minor child. With full knowledge of petitioners intention, they have expressly given their written
consent to the adoption, as shown by their statement, a copy of which is attached as ANNEX A.
4. Petitioners are qualified to adopt the minor and are financially capable of supporting the minor; they are also
morally qualified to bring up and educate the said minor.
WHEREFORE, it is respectfully prayed that judgment be rendered in petitioners favor adjudging the minor child
ANAKIN SKYWALKER freed from all legal obligations of obedience and maintenance with respect to his/her natural
parents and that he/she be declared to all legal intents and purposes, the child of herein petitioners and that his/her
surname be changed to that of petitioners.
Quezon City; 7 July 2007.
(Sgd.) MASTER YODA
[Address]
PLUS: Verification and Certification against Forum Shopping
LEGAL FORMS
158
Also under the same Rule, child support may be sought. It must first be taken from the properties of the
absolute community or the conjugal partnership. In the discretion of the court, either parent or both may
be ordered to give an amount necessary for support, maintenance and education of the child in proportion
to the resources or means of the giver and to the needs of the recipient. Thus, the earning capacity of the
parent and the amount needed for support must be alleged.
Sample Petition for Declaration of Nullity of Marriage with Application for Provisional Orders:
[Caption and Title]
PETITIONER, by counsel, respectfully states that:
1. Petitioner is a Filipino citizen, of legal age and married to respondent. For purposes of this petition, she may
be served with notices and other pertinent processes through counsel at [address of counsel].
2. Respondentis a Filipino citizen, of legal age, currently employed at [state employer] and married to petitioner.
He may be served with summons and other pertinent orders and processes of this Court at [state address]
3. Petitioner and respondent were married on [date] and out of this marriage, they have [state number of
children, respective ages]. A copy of the Marriage Contract executed by petitioner and respondent is attached as
ANNEX A; a copy each of the birth certificates of the minor children is attached as ANNEX B, C and D, respectively.
4. Petitioner and respondent are currently separated in fact and have been so since May 2001. The reason for
the continuing separation in fact is the breakdown of the marriage due to both petitioners and respondents mutual
psychological incapacity to fulfill and discharge their respective marital obligations to each other, which existed at the
time of the marriage in 1998 but manifested itself well into the marriage
5. The mutual psychological incapacity of the parties to remain married to each other appears to be incurable;
prior to this resort, the parties had attempted formal and informal counseling sessions all of which proved
unproductive as respondent proved resistant and, at times, even hostile to these efforts.
6. In compliance with jurisdictional requirements, petitioner submitted herself to a psychological and clinical
assessment by a trained professional, Clinical Psychologist [state name]. Despite several attempts, respondent
refuses to agree to any sober and productive discussion with petitioner and is always highly emotional and angry, it
was, thus, impracticable to secure a psychological report and profile of respondent; should this become material,
petitioner reserves the right to request respondent to submit to a psychological examination for purposes of
confirming the mutual psychological incapacity to remain married to each other.
7. Petitioners psychological incapacity is described in clinical terms as being consistent with a V61.1 Partner
Relational Problem and is said to have Masochistic Personality Disorder or 301.9 Personality Disorder Not
Otherwise Specified; on the other hand, the assessment given by the psychologist of respondents psychological
make-up is that he has a 301.20 Schizoid Personality Disorder with narcissistic features which is described as
grave, incurable and has antecedents. The psychological make-up of petitioner and respondent is explained in
greater detail in the Clinical Assessment Report (Report) dated 28 December 2006, a copy of which is attached
as ANNEX E.
8. Their minor children are in petitioners custody and are being supported by her financially and emotionally.
9. Petitioner submits that, despite the parties mutual psychological incapacity to remain married to each other,
the interests of the children are best served by having them remain in her custody, with visitation rights extended to
respondent. All of the children are minors and, under the law, children under seven (7) years of age shall not be
separated from the mother, save for exceptional circumstances which do not exist in this case.
10. Petitioner cannot, however, provide for all the financial needs of the children as she is only earning a limited
amount of money from her work whereas respondent is gainfully employed and earns more than enough for his own
personal needs. Petitioner earns only (state amount) from her work as shown by her payslip attached as ANNEX F
whereas respondent earns (state amount) from his work as shown by his payslip attached as ANNEX G. The
common property of petitioner and respondent is insufficient for the support of the children. Respondent must, thus,
be directed to give support to his children in the amount of (state amount).
WHEREFORE, petitioner respectfully prays that PROVISIONAL ORDERS for child custody and child support be
issued giving to petitioner custody pendente lite over their minor children and directing respondent to give monthly
support in the amount of (state amount), subject to any adjustments that may be made based on changing earning
capacity as well as needs.
159
LEGAL FORMS
Petitioner also prays that, after trial, judgment be rendered in her favor by declaring petitioner to be
psychologically incapacitated to comply with the essential obligations of her marriage to respondent, thus -[1] Declaring the marriage between petitioner and respondent a nullity and, by this token, ordering
the dissolution of the conjugal partnership of gains; and
[3] Awarding support in the amount of (state amount) subject to adjustments to be made
depending on changes in earning capacity and needs of the children.
All other just and equitable reliefs are also prayed for.
Quezon City; 7 July 2007.
(Sgd.) ATTICUS FINCH
Counsel for the Petitioner
[Address]
PLUS: Verification and Certification against Forum Shopping
160
LEGAL FORMS
[2] Awarding permanent custody of the children to petitioner, with express acknowledgement of
respondents visitation rights;
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
DEED :: a sealed instrument, containing a contract or covenant, delivered by the party to be bound
thereby, and accepted by the party to whom the contract or covenant runs
an instrument in writing, upon paper or parchment, between parties able to contract, subscribed,
sealed and delivered
(both definitions found in Blacks Law Dictionary)
CONTRACT :: a meeting of minds between two persons, whereby one binds himself, with respect to the
other, to give something or to render some service (Art. 1305, NCC)
an agreement, upon sufficient consideration, to do or not to do a particular thing (Blacks Law
Dictionary)
161
LEGAL FORMS
Part VI.
I, OBI WAN KENOBI, of legal age, and resident of Tatooine, do hereby name, constitute and appoint PADME
AMIDALA to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the
following acts, to wit:
(Specify general acts that Attorney-in-Fact may do)
Giving and granting unto my said Attorney-in-Fact full power and authority necessary and required to carry out
the acts as fully to all intents and purposes as I might do or lawfully do if personally present, with power of substitution
and revocation, and hereby ratifying and confirming all that my said attorney-in-fact or his substitute shall lawfully do
or cause to be done under and by virtue of these presents.
IN WITNESS WHEREOF, I have signed this instrument this 7 July 2007 at Tatooine.
(Sgd.) OBI WAN KENOBI
Principal
SIGNED IN THE PRESENCE OF:
(Sgd.) R2D2
(Sgd.) C3PO
Acknowledgment
162
LEGAL FORMS
C. Contract of Lease
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
1. In consideration of a monthly rental of FIVE THOUSAND PESOS (P5,000.00) and the covenants made
below, the LESSOR hereby LEASES to the LESSEE an apartment located at 199 San Antonio Village, Makati City
covered by Tax Declaration No. 001 (Makati City Assessors Office) for a period of TWELVE (12) MONTHS from
signing of this contract.
2. The LESSEE covenants, as follows:
2.1. To pay the rentals on or before the fifth day of each month, without need of demand at
the residence of LESSOR;
2.2. To keep the premises in good and habitable condition, making the necessary repairs and
painting inside and outside the house;
2.3. Not to make major alterations and improvements without the written consent of the
LESSOR and in the event of such unauthorized major alterations and improvements, surrendering
ownership over such improvements and alterations to the LESSOR upon expiration of this lease;
IN WITNESS WHEREOF, the parties have signed this contract on the date and the place first mentioned.
DAMI BAHAY
Lessor
ANG BAHAY
Lessee
With my consent:
ASA WA
Acknowledgment
th
BEFORE ME, a Notary Public for Makati City, personally appeared on the 7 of July 2007, the following persons,
with their respective CTC details indicated below:
DAMI BAHAY CTC No. ____________ issued at/on
ALANG BAHAY CTC No. ____________ issued at/on
known to me to be the same persons who executed the foregoing instrument, denominated as a Contract of Lease
consisting of __ pages, signed on each and every page by the parties and their instrumental witnesses, having
acknowledged the same before me as their own free and voluntary act and deed.
TO THE TRUTH OF THE FOREGOING, witness now my hand and seal on the date and place mentioned above.
N.O. TARIO
Until December 31, 2007
PTR No. 0000111/1/05/99, Makati City
Doc. No.
Page No.
Book No.
Series of 2007.
LEGAL FORMS
163
th
This Agreement made and entered into at Makati this 7 day of July 2007 by and between DAMI BAHAY, of
legal age, married to ASA WA, (LESSOR) and resident of Makati City, and ALANG BAHAY, of legal age, single and
resident of Quezon City (LESSEE), WITNESSETH that:
NOTARIAL WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribed by
law, to control to a certain degree the disposition of his estate, to take effect after his death) which
complies with the requirements laid down in Arts. 805 and 806, Civil Code, among others (Arts. 783, 805806, NCC, restated)
Sample of a Holographic Will:
San Juan, Metro Manila
7 July 2007
I hereby execute this holographic will, in my handwriting and in the English language which I know how to read
and write, bequeathing my house and lot located at No. 555, Tuna Road, Marinara Subdivision, Quezon City to my
son, PABLING SIA JR., and cash amounting to Fifty Thousand Pesos (P50,000) to my spouse, PALING KERA.
(Sgd.) PABLING SIA SR.
II.
I give and bequeath to my children __________, __________, and __________, in equal shares, the
following properties, real and personal, whatsoever and wheresoever located:
(Description of property)
III. I designate _______________ as the sole executor of this Last Will and Testament.
th
IN WITNESS WHEREOF, I have set my hand this 7 day of July 2007 in San Juan, Metro Manila.
(Sgd.) PABLING SIA, SR.
Under Art. 805, Civil Code, an ATTESTATION CLAUSE, which is required in every notarial will and
donations mortis causa (which are essentially wills), must state the number of pages used upon which the
will is written, and the fact that the testator signed the will and every page thereof, or caused some other
person to write his name, under his express direction, in the presence of the instrumental witnesses, and
that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and
of one another.
164
LEGAL FORMS
HOLOGRAPHIC WILL :: a will (i.e., an act whereby a person is permitted, with the formalities prescribed
by law, to control to a certain degree the disposition of his estate, to take effect after his death) which
simply has to be entirely written, date, and signed by the hand of the testator himself (Arts. 783, 810
NCC, restated)
SAKSI 1 Residence
SAKSI 2 Residence
SAKSI 3 Residence
BEFORE ME, Notary Public for and I the City of San Juan, Philippines, this 7 day of July, 2007, personally
appeared:
PABLING SIA, SR. (Testator), with Valid Identification Document _______ issued by (official agency),
on 6 July 2006;
SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July
2006;
SAKSI 2 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July
2006;
SAKSI 1 (Witness), with Valid Identification Document _______ issued by (official agency), on 6 July
2006;
all known to me to be the same persons who signed the foregoing Will, the first as testator and the last three as
instrumental witnesses, and they respectively acknowledged to me that they signed the same as their own free act
and deed.
This Will consists of ___ pages, including the page in which this acknowledgment is written, and has been signed
on the left margin of each and every page thereof by the testator and his witnesses and has been sealed with my
Notarial seal.
IN WITNESS WHEREOF, I have set my hand the day, year and place written.
(Sgd.) N. O. TARIO
Notary Public
Until __________________
PTR No. _______________
Issued at ______________
On ___________________
Doc. No.
Page No.
Book No.
Series of 2007.
165
LEGAL FORMS
WE, the undersigned witnesses, whose residences are stated opposite our respective names, do hereby certify
that: the testator _________________ has published unto us the foregoing will consisting of ___ pages numbered
correlatively in letters on the upper part of each page, as his/her last will and testament and has signed the same and
every page thereof, on the left margin, in our joint presence and we, in turn, at his/her request have witnessed and
signed the same and every page thereof, on the left margin, in the presence of the testator and in the presence of
each other.
That the DONOR is the owner of that certain real property with the buildings and improvements thereon, situated
in _________________, and more particularly described in Original/Transfer Certificate of Title No. ____ of the land
registry of _____________, as follows:
(Copy description of property in title)
That for and in consideration of the love and affection which the DONOR has for the DONEE, the said DONOR,
by these presents, transfers and conveys, by way of donation, unto said DONEE, his/her heirs and assigns, the
above described real property with all the buildings and improvements thereon, free from all liens and encumbrances;
That the DONOR does hereby state, for the purpose of giving full effect to this donation, that he/she has
reserved for himself/herself in full ownership sufficient property to support him/her in a manner appropriate to his/her
needs;
That the DONEE does hereby accept this donation of the above-described property, and does hereby express
gratitude for the kindness and liberality of the DONOR.
IN WITNESS WHEREOF, the DONOR and the DONEE have signed this deed on 7 July 2007 and at Quezon
City, Philippines.
LALIM BULSA
Donor
ACCEPTED:
DAMI UTANG
Donee
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.)MIRON 2
PLUS: Acknowledgment
LEGAL FORMS
166
This Deed of Donation, made and executed by LALIM BULSA, of legal age, single/married, and resident of
_______________ (Donor) in favor of DAMI UTANG, of legal age, single/married and resident of
_________________ (DONEE) WITNESSETH:
F. Secretarys Certificate
SECRETARYS CERTIFICATE
I, DEANNA TROI, of legal age, with office address at __________________, on the basis of the corporate
records, do hereby certify that under oath that:
1. I am the Corporate Secretary of ENTERPRISE HOLDINGS INC. (corporation), a corporation duly organized
and existing under Philippine laws, with the same office address given above.
2. At a meeting of the Board of Directors of the corporation held on ___________, at which meeting a quorum
was present and obtained throughout, the following resolution(s) was (were) unanimously approved and adopted:
RESOLVED, that ...................
3. The foregoing resolution has not been revoked, amended or in any manner modified and accordingly, the
same may be relied upon until a written notice to the contrary is issued by the corporation.
IN WITNESS WHEREOF, I have set my hand to this certification on ____ at ______________.
DEANNA TROI
Corporate Secretary
ATTESTED:
JEAN-LUC PICARD
President
PLUS: Jurat
G. Board Resolutions
Sample Board Resolution Granting Authority to Act:
Board Resolution No. ___
RESOLVED, that Mr. Jean-Luc Picard, as Chairperson and Chief Executive Officer of Enterprise Holdings be
authorized, as he is hereby authorized, to enter into any and all transactions with the representatives of the
Ferengi Trade Federation, as may prove to be beneficial to the corporation in his own opinion and determination.
th
Approved and adopted this 7 day of July, 2007 at Makati City, Philippines.
(Name of Directors)
Sample Board Resolution Increasing the Number of Directors and Making the Necessary
Amendment to the Articles of Incorporation:
Board Resolution No. ___
RESOLVED, by a vote of stockholders representing more than 2/3 of the subscribed and paid up capital stock,
to INCREASE the number of Directors of the Corporation from five (5) to seven (7) and to AMEND the Articles of
Incorporation to reflect this increase.
th
Approved and adopted this 7 day of July, 2007 at Makati City, Philippines.
(Name of Directors)
167
LEGAL FORMS
Sometimes, it is important to indicate whether the meeting was a general or a special meeting,
considering that the Corporation Code expressly provides that a meeting specially called for a particular
purpose, e.g. to increase corporate indebtedness, is necessary to do such particular corporate act.
H. Deed of Assignment
DEED OF ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
The assignor hereby irrevocably constitute, name and appoint the assignee to be his/her true and lawful attorney-in-fact
to make representations with the corporate secretary and to cause the annotation of this assignment in the books of the
corporation.
IN WITNESS WHEREOF, the assignor has signed this deed on 7th day of July, 2007 at the City of Manila.
DAMI SHARES
Assignor
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
I.
Deed of Sale
168
LEGAL FORMS
I, DAMI SHARES, of legal age, Filipino and resident of ________________, for and in consideration of the sum of
____________________ Pesos (P_____), receipt of which is hereby acknowledged do hereby assign, cede, transfer and
convey unto DAMI LUPA, likewise of legal age, and resident of ______________, all his/her rights, title, ownership and
interest over its subscription to One Hundred Thousand (100,000) shares of the capital stock of _________ Corporation,
including advances due from said corporation. It is, however, understood that the assignee shall assume any and all unpaid
subscription on the said shares.
IN WITNESS WHEREOF, I have signed this deed this 7 day of July, 2007 at Makati City.
MA YA MAN
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is
married, then add the following:]
With my consent:
ASA WA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
169
LEGAL FORMS
This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________
(VENDOR),
- and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________
(VENDEE);
WITNESSETH: That
The VENDOR is the absolute owner of a certain parcel of land with all the buildings and improvements thereon,
situated in the City of Makati, and more particularly described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of
Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by
VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY under pacto de retro
unto the said VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from
all liens and encumbrances whatsoever;
The VENDOR, in executing this conveyance, hereby reserves the right to REPURCHASE, and the VENDEE, in
accepting the same, hereby obligates himself to RESELL the property herein conveyed within a period of ____ years
from date of this deed for the same price of ______________ (P____); Provided, however, that if the VENDOR shall
fail to exercise his right to repurchase as herein granted within the period provided, then this conveyance shall
become absolute and irrevocable, without need of a new Deed of Absolute Sale, subject to the requirements of law
regarding consolidation of ownership of real property.
th
IN WITNESS WHEREOF, I have signed this deed this 7 day of July, 2007 at Makati City.
MA YA MAN
Vendor
MA GU LANG
Vendee
PLUS: Acknowledgment
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IN WITNESS WHEREOF, I have signed this deed this 7 of July, 2007 at Makati City.
MA GU LANG
Vendor
[Note: if vendor is married, marital consent must be secured; thus, the Deed must also indicate this. If vendor is
married, then add the following:]
With my consent:
BA TAPA
Vendors Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
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DEED OF RESALE
This Deed of Sale with Pacto de Retro made and executed by and between:
MA YA MAN, Filipino, of legal age, married to ASA WA, with residence at ___________________
(VENDOR-MORTGAGEE),
- and MA GU LANG, Filipino, of legal age, married to BA TAPA, with residence at ____________
(VENDEE-MORTGAGOR);
WITNESSETH: That
The VENDOR-MORTGAGEE is the absolute owner of a certain parcel of land with all the buildings and
improvements thereon, situated in the City of Makati, and more particularly described, as follows:
(Copy technical description in TCT/OCT)
his title thereto shown by Transfer (or Original) Certificate of Title No. ______ issued by the Register of Deeds of
Makati;
The VENDOR, for and in consideration of the amount of _________________ Pesos (P_____), to him paid by
VENDEE and receipt of which is acknowledged, does hereby SELL, TRANSFER and CONVEY unto the said
VENDEE, his heirs and assigns, the property with all the buildings and improvements thereon, free from all liens and
encumbrances whatsoever;
It is hereby agreed and stipulated that the UNPAID BALANCE OF ____________ Pesos (P____), of which
amount _________________Pesos (P_____) shall be paid by the VENDEE-MORTGAGOR to the VENDORMORTGAGEE at the latters residence, as follows:
(State manner of payment)
In order to guarantee the fulfillment of the above obligations, the VENDEE-MORTGAGOR does hereby
MORTGAGE unto the said VENDOR-MORTGAGEE, his heirs and assigns, the property described, together with all
the buildings and improvements thereon, under the express stipulation that if the said VENDEE-MORTGAGOR shall
pay or cause to be paid unto the VENDOR-MORTGAGEE the obligations, then this Mortgage shall be of no further
force and effect; otherwise, the same shall remain in full force and effect and shall be enforceable in the manner
prescribed by law.
th
IN WITNESS WHEREOF, I have signed this deed this 7 day of July, 2007 at Makati City.
MA YA MAN
Vendor
MA GU LANG
Vendee
With my consent:
ASA WA
Vendors Wife
With my consent:
BA TAPA
Vendees Wife
SIGNED IN THE PRESENCE OF:
(Sgd.) MIRON 1
(Sgd.) MIRON 2
PLUS: Acknowledgment
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J. Dacion En Pago
Under Art. 1245, Civil Code, DATION IN PAYMENT (dacion en pago) is a mode of payment by which
property is alienated to the creditor in satisfaction of a debt in money; it is governed by the law of sales.
DEED OF ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
This Deed of Assignment, made and executed by and between DAMI UTANG, Filipino, of legal age, married to
ALANG MALAY, with residence at _____________ (ASSIGNOR) and DAMI LUPA, Filipino, of legal age, married to
BIL MOKO, with residence at _______________ (ASSIGNEE), WITNESSETH:
That the ASSIGNOR is indebted to the ASSIGNEE in the sum of ___________ Pesos (P______) and in full
payment and complete satisfaction thereof hereby assign, transfer and convey unto the ASSIGNEE that certain real
estate with all the buildings and improvements thereon, situated in ___________, and more particularly described as
follows:
(Description of property assigned)
of which real estate the ASSIGNOR is the registered owner, his title thereto being evidenced by Transfer (or Original)
Certificate of Title No. ____________ of the Register of Deeds of _____________.
That the ASSIGNEE does hereby accept this assignment in full payment of the above-mentioned debt of
______________ Pesos (P_________).
IN WITNESS WHEREOF, the parties have signed this Deed on 7 July 2007 at Makati City.
DAMI UTANG
Assignor
DAMI LUPA
Assignee
ALANG MALAY
Assignors Wife
PLUS: Acknowledgment
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Standard Form of Deed of Assignment of Real Estate in Payment of Debt (Dacion En Pago):
K. Chattel Mortgage
Sample of Chattel Mortgage:
Republic of the Philippines )
Makati City
) S.S.
CHATTEL MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
That I, DAMI KOTSE, of legal age, married and resident of Makati, for and in consideration of the loan of FIVE
HUNDRED THOUSAND PESOS (P500,000.00), granted to me by YAMAN NYA, also of legal age, married and
resident of Makati, to be paid one (1) year from date hereof, have transferred and conveyed by way of chattel
mortgage unto said YAMAN NYA, his heirs, successors and assigns, free from all liens and encumbrances that
certain motor vehicle, at present in my possession at my address, more particularly described as:
Model/Make No./Color: BMW 738i (1998), racing green;
Chassis No.
: 00000001111;
Engine No.
: 00000001111;
of which I am the true and absolute owner by title thereto, being evidenced by Registration Certificate of Motor
Vehicle No. ______ issued in my name by the Land Transportation Office on __________________.
This chattel mortgage has been executed in order to secure the full and faithful payment of my obligation to
YAMAN NYA in accordance with the terms and conditions of this instrument; Upon payment, this contract shall
become null and void; otherwise, it shall continue in full force and effect and may be foreclosed in accordance with
law.
IN WITNESS WHEREOF, I have signed this instrument on 7 July 2007 at Makati City.
DAMI KOTSE
Affidavit of Good Faith
We severally swear that DAMI KOTSE, mortgagor, and YAMAN NYA, mortgagee, have executed the
foregoing Chattel Mortgage in order to guarantee as good and binding the obligations mentioned above and is not
intended to defraud creditors.
YAMAN NYA
DAMI KOTSE
Signed in the presence of:
UZI 1
PLUS: Acknowledgment
UZI 2
LEGAL FORMS
174
A.
B.
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Part VII.
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Part VIII. Forms Relevant to the Writs of Amparo and Habeas Data
AMPARO
B. HABEAS DATA
A. Amparo
Under A.M. No. 07-09-12-SC, the Rule on the
Writ of Amparo, anyone whose right to life,
liberty and security is violated or threatened with
violation by an unlawful act or omission of a
public official or employee, or of a private
individual or entity can file a SIGNED AND
VERIFIED petition for the issuance of a writ of
amparo. BUT, it is not available for violations or
threatened violations of the right to property per
se, except when the right to property is
connected to the right to liberty such that the
latter right cannot be vindicated without
addressing the threat to or violation of the right
to property.
The petition can be filed SUCCESSIVELY (or by
DEFAULT) by the following: an aggrieved party;
a member of his immediate family (i.e., spouse,
children & parents); an ascendant, descendant
th
or collateral relative within the 4 civil degree of
consanguinity or affinity; and in default of all the
foregoing, by a concerned citizen, organization,
association or institution. The filing by a more
prior party suspends the right of all others to file
similar petitions. NOTE that even if the Rule did
not expressly require so, if the petition was filed
by any of the relators, a statement must be
made that the aggrieved party did not, or could
not file the petition.
The petition may be filed on any day, or at any
time with any of the following courts, and the writ
is enforceable anwhere in Philippines.
a. RTC of place where the threat, act or
omission was committed or any of its
elements occurred
b. Sandiganbayan or Court of Appeals or any
justice there
c. Supreme Court or any justice there
The petition MUST include all of the following:
1. Personal Circumstances of the Petitioner
2. Name and Personal Circumstances of the
Respondent Responsible OR if the Name is
Unknown or Uncertain, his Assumed
Appellation
3. Right to Life, Liberty and Security of the
Aggrieved Party Violated or Threatened,
Act/s Allegedly Violative of Said Rights and
the Attendant Circumstances
177
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A.
LEGAL FORMS
178
PETITION
3.1. Chronology of Events Relevant to the right violated (e.g., enforced disappearance or extrajudicial killing)
3.2. Statement as to Judicial Affidavits (if any) of witnesses
3.3. Statement as to efforts exerted to vindicate the right/s and results of such efforts
179
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180
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PETITION
LEGAL FORMS
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182
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