1. What are the duties of lawyers under the Revised Rules of Court?

The following are the duties of an attorney:

a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey
the laws of the Philippines;
b) To observe and maintain the respect due to the courts of justice and judicial officers;
c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable under the law;
d) To employ, for the purpose of maintaining the causes confided to him, such means only as are
consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an
artifice or false statement of fact or law;
e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his
client, and to accept no compensation in connection with his client's business except from him or
with his knowledge and approval;
f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;
g) Not to encourage either the commencement or the continuance of an action or proceeding, or
delay any man's cause, from any corrupt motive or interest;
h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed; and
i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to present every defense that the law permits, to
the end that no person may be deprived of life or liberty, but by due process of law. (Sec 20, Rule
138, Revised Rules of Court)

2. State the Lawyer’s Oath.

―I,________________________ of ____________________, do solemnly swear that I will maintain

allegiance to the Republic of the Philippines, I will support the Constitution and obey the laws as well
as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the
doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct
myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well
to the courts as to my clients; and I impose upon myself these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.‖

3. What is practice of law?

Practice of law means any activity, in or out of court, which requires the application of law, legal
procedure, knowledge, training and experience. ―To engage in the practice of law is to perform those
acts which are characteristics of the profession. Generally, to practice law is to give notice or render
any kind of service, which device or service requires the use in any degree of legal knowledge or
skill.‖ (Cayetano v. Monsod, G.R.No. 100113, Sept. 3, 1991)

4. Who are entitled to the practice of law?

a) Any person duly admitted as a member of the bar

b) After being admitted to the bar, one who is in good and regular standing (Sec. 1, Rule 138, RRC)

5. May a member of the Philippine Shari’a Bar use the title ―Attorney‖?

No. Only members of the Philippine Bar, who have obtained the necessary degree in they study of
law, successfully passed the bar exams, been admitted to the Integrated Bar of the Philippines, and
in good standing are authorized to practice law and use the title ―Attorney‖. A person who has
passed the Shari'a Bar Examination is only a special member of the Philippine Bar and not a full-
fledged member thereof even if he holds a Bachelor of Laws Degree (Bar Matter No. 702, May 12, 1994))

6. What is the nature of the practice of law?

The practice of law is not a natural property or constitutional right but a mere privilege. The practice of law
is not a right but a privilege bestowed by the State upon those who show that they possess, and
continue to possess, the qualifications required by law for the conferment of such privilege (Mercado vs Vera,
A.C. 5859, 2010)

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7. What are the qualifications for admission to the bar?

1. Citizen of the Philippines;

2. At least 21 years of age;
3. Of good moral character;
4. Resident of the Philippines;
5. Must produce before the Supreme Court satisfactory evidence of good moral character; and,
6. No charges against him, involving moral turpitude, having been filed or are pending in any court
in the Philippines (Sec. 2, Rule 138, RRC)
7. Satisfactorily complied the academic requirements:
a. Pursued and satisfactorily completed in an authorized and recognized university or college,
requiring completion of a 4-year high school course, course of study for a bachelor’s degree
in arts or sciences
8. Show that he has regularly studied law for four years and successfully completed all prescribed
courses, in a law school (Secs. 5 &6 , Rule 138, RRC)
9. Pass the Bar Examinations (Secs. 7-16, Rule 138, RRC)
10. Take the Lawyer’s Oath (Sec. 17, Rule 138, RRC)
11. Certificate of membership given by the Clerk of Court of the Supreme Court (Sec. 18, Rule 138,
RRC)
12. Sign the Roll of Attorneys (Sec. 19, Rule 138, RRC)

Note: A successful bar candidate who was allowed to sign by the Clerk of the SC to sign in the Roll of
the Attorney’s but was unable to take an oath although he has paid his IBP dues and listed as
―qualified voter‖ in IBP affairs, cannot be admitted to the Bar. (In re: Elmo S. Abad, B.M. No. 139, March
18, 1983)

Moreover, oath alone will not make a bar passer a full-fledged member of the bar, he must also sign
the Roll of Attorneys. (Aguirre vs. Rana, B.M. No. 1036, June 10, 2003)].

7. Can a lawyer under arrest and detention practice law?

No. As a matter of law, when a person indicted for an offense is arrested, he is deemed placed under
the custody of the law. He is placed in actual restraint of liberty in jail so that he may be bound to
answer for the commission of the offense. He must be detained in jail during the pendency of the
case against him, unless he is authorized by the court to be released on bail or on recognizance. Let
it be stressed that all prisoners whether under preventive detention or serving final sentence can not
practice their profession nor engage in any business or occupation, or hold office, elective or
appointive, while in detention. This is a necessary consequence of arrest and detention. (PP v. Hon.
Maceda and Javellana G.R. No. 89591-96, January 24, 2000)

8. May a public official engage in the practice of law?

No. Where a partner accepts public office, he shall withdraw from the firm and his name shall be
dropped from the firm name unless the law allows him to practice law concurrently. (Rule 3.03, CPR)

9. Who are the public officials not allowed to engage in private practice of law in the Philippines?

a) Judges and other officials or employees of the superior court (Sec. 35, Rule 138, RRC);
b) Officials and employees of the Office of the Solicitor General (Ibid.);
c) Government prosecutors (People v. Villanueva, 14 SCRA 109, May 27, 1965; Aquino v. Blanco, 79 Phil.
647, November 28, 1947);
d) President, Vice President, Members of the Cabinet, their deputies and assistants (Sec.13, Art. VII,
1987 Constitution);
e) Members of the Constitutional Commissions (Sec. 2, Art. IX-A, 1987 Constitution);
f) All governors, city and municipal mayors (Sec. 90 (a), R.A. 7160, LGC; Javellana v. Dept. of Interior and
Local Government, 212 SCRA 475, August 10, 1992);
g) Ombudsman and his deputies;
h) Government officials who, by express mandate of the law, are prohibited from practicing law, may
not, even with the consent of the department concerned, engage in the practice of law; but is so
authorized by the department head, he may, in an isolated case act as counsel for a relative or
close family friend (Noriega v. Sison, A.M. No. 2266, October 27, 1983; People v. Villanueva, 14 SCRA
109, May 27, 1965); and
i) Civil service officers or employees whose duties require them to devote their entire time at the
disposal of the government.

10. When can a clerk of court practice law?

 A clerk of court can already engage in the practice of law immediately after her separation from the
service and without any period limitation that applies to other prohibitions under Section 7 of R.A. No.
6713.

The clerk of court’s limitation is that she cannot practice her profession within one year before the
office where he or she used to work with. In a comparison between a resigned, retired or separated
official or employee, on the one hand, and an incumbent official or employee, on the other, the former
has the advantage because the limitation is only with respect to the office he or she used to work with
and only for a period of one year.

11. Who are public officials with restrictions in the practice of law?

1. Senators or Members of the House of Representatives are NOT allowed to personally appear
before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies (Sec. 14, Art VI, 1987 Constitution)

NB: However, he or she is allowed to engage in other aspects of law practice such as giving of legal
advice, negotiating contracts in behalf of clients, preparation of documents of conveyancing, and the like.

2. Retired Justices or Judges

As provided by law, the retiree, while receiving pension from the Government, CANNOT act as
counsel in any civil case in which the Government or any of its subdivisions or agencies is the
adverse party or in a criminal case wherein an officer or employee of the Government is accused
of an offense in relation to his office (Sec. 1, R.A. 910 as amended by R.A. 9946)

3. Civil Service officers or employees whose duty does NOT require his entire time to be at the
disposal of the government with the written permit from the department head concerned

4. Members of the Sanggunian - If the Sanggunian members are members of the Bar, they shall
NOT:
a. appear as counsel before any court in any civil case wherein a local government unit or any
office, agency or instrumentality of the government is the adverse party;
b. appear as counsel in any criminal casewherein an officer or employee of the national or local
government is accused of an offense committed in relation to his office;
c. collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and
d. use property and personnel of the Government except when the sanggunian member
concerned is defending the interest of the Government(Sec. 90, R.A. 7160, LGC).

11. May a former lawyer for the government engage in the practice of law?

Yes. Provided he complies with the provision of Rule 6.03 of the Code of Professional Responsibility
requires that a ―lawyer shall not, after leaving the government service, accept engagement or
employment in connection with any matter in which he had intervened while in said service. (Rule 6.03,
Canon 6, CPR)

To fall within the ambit of Rule 6.03 of the Code of Professional Responsibility, the respondent must
have accepted engagement or employment in a matter which, by virtue of his public office, he had
previously exercised power to influence the outcome of the proceedings. –(Olazo v. Justice Tinga, A.M.
No. 10-5-7-SC [2010])

The law prohibits public officials and employees, during their incumbency, from engaging in the private
practice of their profession ―unless authorized by the Constitution or law, provided that such practice
will not conflict or tend to conflict with their official functions.‖ (Sec. 7(b)(2), R.A. 6713).

12. What are the continuing requirements for the practice of law?

Good and Regular Standing (Sec. 1, Rule 138, RRC);

1. Membership in the IBP;

2. Payment of IBP Dues;
3. Payment of Professional Tax;
4. Compliance with the MCLE; and
5. Possession of Good Moral Character.

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 The nature of the office of an attorney requires that he should be a person of good moral character.
This requisite is not only a condition precedent to admission to the practice of law, its continued
possession is also essential for remaining in the practice of law. (Sebastian vs. Calis, 314 SCRA 1, 1999

13. AA was previously charged with less serious physical injuries for assaulting BB. He
concealed this fact in his application for admission to the bar. Is this concealment a valid
ground for refusal to admit him in the practice of law?

Yes. When the applicant concealed a charge of a crime against him but which crime does not involve
moral turpitude, this concealment nevertheless will be taken against him. It is the fact of concealment
and not the commission of the crime itself that makes him morally unfit to become a lawyer. When he
made concealment, he perpetrated perjury.(In Re Galang, A.M. No. 1163, August 29, 1975)

14. What is the rule on lawyers who have been repatriated?

General Rule: The practice of all professions in the Philippines shall be limited to Filipino citizens
pursuant to Section 14, Article XXII of the 1987 Constitution. Hence, the loss of Philippine citizenship
ipso jure terminates the privilege to practice law in the Philippines

Exception: Pursuant to the Citizenship Retention and Re-acquisition Act of 2003 (R.A. 9225), a
Filipino lawyer who becomes a citizen of another country is deemed never to have lost his Philippine
citizenship if he reacquires it in accordance with said law.

Thus, if a Filipino is naturalized as a citizen of another country and subsequently reacquires his
Philippine citizenship pursuant to R.A. 9225, he is deemed never to have terminated his membership
in the Philippine Bar (Funa, Legal and Judicial Ethics: With Bar Examination Questions, 2009, p. 385).

However, the right of such lawyer to practice law does not automatically accrue. Pursuant to
abovementioned Act, those intending to practice their profession in the Philippines shall apply with the
proper authority for a license or permit to engage in such practice (Sec. 5[4], R.A. 9225).

15. What are the conditions before a repatriated lawyer can resume his practice of law in the
Philippines?

Under RA 9225, if a person intends to practice the legal profession in the Philippines and he
reacquires his Filipino citizenship pursuant to its provisions ―(he) shall apply with the proper authority
for a license or permit to engage in such practice.‖ Stated otherwise, before a lawyer who reacquires
Filipino citizenship pursuant to RA 9225 can resume his law practice, he must first secure from this
Court the authority to do so, conditioned on:

a. the updating and payment in full of the annual membership dues in the IBP;
b. the payment of professional tax;
c. the completion of at least 36 credit hours of mandatory continuing legal education; and
d. the retaking of the lawyer’s oath which will not only remind him of his duties and responsibilities as
a lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the
Republic of the Philippines. (Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay, 540
SCRA 424, 2007)

12. When may non-lawyers appear in Court?

a. Law Student Practice (Secs. 1 & 2, Rule 138-A, RRC);

b. Non-Lawyers in Court

a. Cases before the MTC – a party may conduct his litigation in person, with the aid of an agent
or friend appointed by him (Sec. 34, Rule 138, RRC)
b. Cases before ANY OTHER court – a party may conduct his litigation personally. If he
decides to get a person to aid him, that someone must be an authorized member of the Bar
(Ibid).
c. Criminal case before MTC – in a locality where a duly licensed member of the Bar is NOT
available, the judge may appoint a non-lawyers who is:
 Resident in the province;
 Of good repute for probity and ability to aid the accused in his defense(Sec. 7, Rule 116,
RRC).

c. Non-Lawyers in Administrative Tribunals

a. Before the NLRC or any Labor Arbiter – if:

 They represent themselves as party to the case;
  They represent a legitimate labor organization which is a party to the case;
 They represent a member or members of a legitimate labor organization that is existing
within the employer’s establishment who are parties to the case;
 They are duly accredited members of any legal aid office duly recognized by the DOJ, or
the IBP in cases referred to by the latter;
 When the non-lawyer is the owner or president of a corporation or establishment which is
a party to the case (Sec. 6 (b), 2011 NLRC Rules of Procedure).

b. Before the Department of Agrarian Reform Adjudication Board (DA-RAB) – non-lawyers

may represent a party in the said tribunal

c. Before the Cadastral Court – a non-lawyer can represent a claimant (Sec. 9, Act. No. 2259,
Cadastral Act)

13. What are the conditions for Law Student Practice?

rd
 A law student who has successfully completed his 3 year in law school;
 Currently enrolled in a recognized law school’s clinical legal education program approved by
the SC;
 May appear without compensation in any civil, criminal or administrative case to represent
indigent clients accepted by the legal clinic;
 His appearance in court is subject to supervision and control of a member of IBP duly
accredited by the law school; and,
 Any pleadings, motions, briefs, memoranda or other papers to be filed must be signed by the
supervising attorney (Secs. 1 & 2, Rule 138-A, RRC).

16. Distinguish Appearance of Non-Lawyers under Section 34, Rule 138 and Rule 138-A

Section 34, Rule 138 Rule 138-A

In the court of a justice of the
peace, a party may conduct
his litigation in person, with
the aid of an agent or friend
appointed by him for that
purpose, or with the aid of an
attorney.
A law student who has successfully
rd
completed his 3 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.

There is really no problem as to the application of Section 34 of Rule 138 and Rule 138-A. In the
former, the appearance of a non-lawyer, as an agent or friend of a party litigant, is expressly allowed,
while the latter rule provides for conditions when a law student, not as an agent or a friend of a party
litigant, may appear before the courts.

Section 34, Rule 138 is clear that appearance before the inferior courts by a non-lawyer is allowed,
irrespective of whether or not he is a law student. As succinctly clarified in Bar Matter No. 730, by
virtue of Section 34, Rule 138, a law student may appear, as an agent or a friend of a party litigant,
without the supervision of a lawyer before inferior courts. (Ferdinand a. Cruz, vs. Alberto Mina, Hon. Eleuterio F.
Guerrero and Hon. ZenaidaLaguilles, G.R. No. 154207, April 27, 2007)

17. Is the compulsory membership in the IBP violative of the lawyer’s constitutional freedom to
associate or corollary right to associate?

No. Integration does not a lawyer a member of any group of which he is already a member. He
became a member of the bar when he passed the Bar examinations. All that integration actually
does is provide an official national organization for the well-defined but unorganized and incohesive
group of which every lawyer is already a member. (In re: Edillion A.M. 1928)

18. How can a lawyer voluntary terminatehis/her membership in the IBP?

This can be done by a member by filing a written notice to Secretary of the Integrated Bar, who shall
immediately bring the matter to the attention of the Supreme Court. Forthwith he shall cease to be a

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 member and his name shall be stricken by the Court from the Roll of Attorneys (Sec. 11, Rule 139-A,
Rules of Court).

19. Is membership fee a form of tax?

No. A membership fee in the Bar association is an exaction for regulation, while tax purpose of a tax
is a revenue. If the judiciary has inherent power to regulate the Bar, it follows that as an incident to
regulation, it may impose a membership fee for that purpose. It would not be possible to put on an
integrated Bar program without means to defray the expenses. (Letter of Atty. Cecilio Y. Arevalo Jr. B.M.
1370 May 9, 2005)

20. What is the effect of non-payment of dues?

a. Default in the payment for 6 months - warrant suspension of membership in the Integrated Bar.
b. Default in the payment for 1 year - ground for the removal of the name of the delinquent
member from the Roll of Attorneys. (Sec. 10, Rule 139-A)

21. Are senior citizens exempt from the payment of the IBP membership dues?

No. In the payment of IBP dues, lawyers who are senior citizens are NOT exempted from the
payment of dues. Republic Act 7432 or the Senior Citizens Act in its exemption from payment of
income tax, it does not include payment of membership or association dues of the IBP. (Santos, Jr. v.
Llamas, A.C. No. 4749, January 20, 2000).

Payment of dues is a necessary consequence of membership in the IBP, of which no one is exempt.
This means that the compulsory nature of payment of dues subsists for as long as ones membership
in the IBP remains regardless of the lack of practice of, or the type of practice, the member is
engaged in.

22. What is the effect of non-payment of dues?

a. Default in the payment for 6 months - warrant suspension of membership in the Integrated Bar.
b. Default in the payment for 1 year - ground for the removal of the name of the delinquent
member from the Roll of Attorneys. (Sec. 10, Rule 139-A)

23. What is the nature of Attorney-Client relationship?

1. Strictly personal – as it involves mutual trust and confidence of the highest degree irrespective
of whether the client is a private person or a government fiduciary; and

2. Highly confidential and fiduciary – because it demands of an attorney an undivided allegiance,

a conspicuous and high degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity
and absolute integrity in all his dealings and transactions with his clients and an utter renunciation
of every personal advantage conflicting in any way, directly or indirectly, with the interest of his
client (Daroy v. Legaspi, A.M. No. 936, July 25, 1975).

24. What are the valid grounds for refusal by the lawyer of an indigent client?

1. He is in no position to carry out the work effectively or competently;

2. He labors under a conflict of interest between him and the prospective client or between a
present client and the prospective client;

25. What are the instamces when the Attorney-Client Relationship can be terminated by the
lawyer?

a. When the client pursues an illegal or immoral course of conduct in connection with the matter
he is handling;
b. When the client insists that the lawyer pursue conduct violative of these canons and rules;
c. When his inability to work with his co-counsel will not promote the best interest of the client;
d. When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;
e. When the client deliberately fails to pay the fees for the services or fails to comply with the
retainer agreement
f. When the lawyer is elected or appointed to public office; and
g. Other similar cases (Rule 22.01, Canon 22, CPR).
26. Is the belated filing of evidence by a counsel who deliberately did so beause he believes the
same to be fabricated and would be refused admission by the RTC a violation of Canon 18 and
Rule 18.03?

Yes. This is improper. If respondent truly believes that the exhibits to be presented in evidence by his
clients were fabricated, then he has the option to withdraw from the case. Canon 22 allows a lawyer
to withdraw his services for good cause such as "[w]hen the client pursues an illegal or immoral
course of conduct with the matter he is handling" or "when the client insists that the lawyer pursue
conduct violative of these canons and rules. (Spouses George A. Warriner And Aurora R. Warriner vs.Atty.
Reni M. Dublin, A.C. No. 5239 November 18, 2013. DEL CASTILLO)

27. Is an attorney guilty of gross, reckless and inexcusable negligence for failure to submit any
pleading with the Court of Appeals despite follow-ups and a subsequent issuance of Entry of
Judgement finding the case to have been ABANDONED and DISMISSED?

Yes.When a lawyer takes a client's cause, he covenants that he will exercise due diligence in
protecting the latter's rights. Failure to exercise that degree of vigilance and attention expected of a
good father of a family makes the lawyer unworthy of the trust reposed on him by his client and
makes him answerable not just to his client but also to the legal profession, the courts and society.

For failure to file "Appearance as Counsel/Dismissal of the Previous Counsel and a Motion for
Extension of time to File a Memorandum" before the appellate court, the lawyer had been remiss and
negligent in handling the case of his client; he neglected the legal matter entrusted to him by the
complainant and he is liable therefor. This is a clear violation of Rule 18.04, Canon 18 of the Code of
Professional Responsibility which enjoins lawyers to keep their clients informed of the status of their
case and shall respond within a reasonable time to the clients' request for information. (Cabauatan vs.
Venida, A.C. No. 10043, November 20, 2013. DEL CASTILLO)

28. When will a matter fall within the Court’s disciplinary authority?

If the matter involves violations of the lawyer's oath and code of conduct, then it falls within the
Court's disciplinary authority, whereas, if the matter arose from acts which carry civil or criminal
liability, and which do not directly require an inquiry into the moral fitness of the lawyer, then the
matter would be a proper subject of a judicial action which is understandably outside the purview of
the Court's disciplinary authority.(Felipe vs. Macapagal, A.C. No. 4549, December 02, 2013. DEL
CASTILLO)

29. A writ of Possession was issued by Judge Venadas in favor of PNB. However, acting on the
motion for reconsideration of the Spouses Sombilon, Judge Venadas issued an Order holding
in abeyance the implementation of the Writ of Possession despite lack of notice to PNB by the
Spouses Sombilon, in violation of Sections 4, 5, and 6 of Rule 15 of the Rules of Court. Hence,
Atty. Garay, filed a Verified Complaint against Judge Venada. In his defense, he insists there
was no violation of due process because he immediately scheduled a hearing for PNB to
present its evidence.

Should Judge Venadas be administratively sanctioned for holding in abeyance the

implementation of Writ of Possession despite lack of notice to PNB?

Yes. Spouses Sombilon failed to comply with the three-day notice rule and the required proof of
service embodied in Sections 4, 5, and 6 of Rule 15 of the Rules of Court, thereby rendering the
motion fatally defective. Despite this, Judge Venadas, Sr. still took cognizance of the motion filed by
spouses Sombilon, depriving PNB and Atty. Garay of their right to due process.

Judge Venadas, Sr. is guilty of grave abuse of authority bordering on gross ignorance of procedure
for blatantly disregarding Sections 4, 5, and 6, Rule 15 of the Rules of Court. Blatant disregard of
basic, elementary, and well-known rules of procedure and law is gross ignorance of the law, which is
classified as a serious charge under Rule 140, Section 8 of the Rules of Court, as amended by A.M.
No. 01-8-10-SC. (Garay vs. Judge Venadas, G.R. No. 179914, June 16, 2014. DEL CASTILLO)

30. Virayengaged the services of Atty. Sanicas in a labor case against spouses Lopez, which later
was ruled in their favor which awarded herein complainant to collect 189,491.60 pesos from
Spouses Lopez. Subsequently, an alias Writ of Execution was issued relative to the said
decision. During the implementation of the writ, Viray discovered that Atty. Sanicas already
collected 95,000 pesos from Spouses Lopez by misrepresenting to them that he is authorized

7
 to receive payments. Consequently, verbal demands were made by Viray to Atty. Sanicas to
remit the amount of P95,000.00 less his attorney’s fees of P20,000.00. But Atty. Sanicas did
not budge.

Is Atty. Sanicas guilt of gross misconduct?

Yes.The Code of Professional Responsibility demands the utmost degree of fidelity and good faith in
dealing with the moneys entrusted to lawyers because of their fiduciary relationship." Specifically,
Rule 16.01 of the Code imposes upon the lawyer the duty to "account for all money or property
collected or received for or from the client." Rule 16.03 thereof, on the other hand, mandates that "a
lawyer shall deliver the funds of his client when due or upon demand.

In this case, respondent received payments for attorney's fees and partial payments for monetary
awards on behalf of complainant from spouses Lopez. But despite the number of times over close to
three months he had been receiving payment, respondent neither informed the complainant of such
fact nor rendered an accounting thereon. It was only when an Alias Writ of Execution was issued and
being implemented when complainant discovered that spouses Lopez had already given respondent
the total amount of ₱95,000.00 as partial payment for the monetary awards granted to him by the
labor tribunal.(Viray vs. Atty. Sanicas, A.C. No. 7337, September 29, 2014, DEL CASTILLO)

31. Is failure to attend the pre-trial and failure to file Petition for review constitutes violation of
CPR?

YES. Canon 18 of the CPR requires every lawyer to serve his client with utmost dedication,
competence and diligence. He must not neglect a legal matter entrusted to him and his negligence in
this regard renders him administratively liable. As counsel, a lawyer is duty-bound to handle the same
with zeal and all due diligence. (Davao Import Distributors Inc. vs. Atty. Landero, A.C. No. 5116, April 13,
2015, Del Castillo)

32. Is failure to pay Attorney’s fees a valid ground to withdraw as counsel?

No. Although a lawyer may withdraw his services when client fails to pay the fees for the services he
has rendered, such failure must be deliberate. Mere failure to pay is not considered deliberate when
the client exerted honest efforts to fulfill his obligation. (Montano vs. IBP, A.C. No. 4215, May 21, 2001)

33. What should a lawyer do after withdrawing his services or having his services substituted by
another?

A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all
papers and properly to which the client is entitled, and shall cooperate with his successor in the orderly
transfer of the matter, including all information necessary to the proper handling of the matter (Rule
22.02, Canon 22, CPR).

34. What are the exceptions to the attorney and client privileged communication?

1. When there is consent or waiver of client;

2. When the law requires disclosure;
3. When disclosure is made to protect the lawyer’s rights (i.e. to collect his fees or defend himself,
his employees or associates or by judicial action); and
4. When such communications are made in contemplation of a crime or the perpetuation of a fraud
a. A communication relating to a fraud already commenced is privileged
b. Payment of a retainer fee is not essential before an attorney can be required to safeguard a
prospective client’s secret acquired by an attorney during the course of consultation with the
prospective client, even if the attorney did not accept the employment
c. The essence of the veil of secrecy is that the communication between attorney and client is
that the communication between attorney and client is that the communication is intended by
the client not for the purpose of seeking legal advice from his attorney as to his agents or
obligations. (Sec. 24[b], Rule 130, Revised Rules on Evidence)

35. What is the rule on conflict of interest?

A lawyer shall not represent conflicting interests except by written consent of all concerned given after
a full disclosure of the facts. (Rule 15.03, CPR)

36. What is the test to determine conflicting interest?

1. Conflicting Duties: Will the attorney be required to contest for that which his duty to another client
requires him to oppose? (Pineda, Legal Ethics Annotated, p. 247).
 2. Invitation of Suspicion: Will the acceptance of a new relation invite suspicion and/or actually lead
to unfaithfulness or double-dealing towards another client? (Santos v. Beltran, A.C. No. 5858,
December 11, 2003)
3. Use of Prior Knowledge Obtained: Will the attorney be called upon in his new relation to use
against his former client any knowledge acquired in the previous employment? (Gonzales v.
Cabucana, A.C. No. 6836, January 2006).

37. Explain the theories on the disqualification of former government lawyers in representing a
client

a. Adverse-interest conflict - exist where the matter in which the former government lawyer
represents a client in private practice is substantially related to a matter that the lawyer dealt
with while employed by the government and the interests of the current and former are
adverse.‖(PCCG v. Sandiganbayan and Tan, G.R. Nos. 151809-12 [April 12, 2005]

b. Congruent-interest conflict - the disqualification does not really involve a conflict at all, because
it prohibits the lawyer from representing a private practice client even if the interests of the former
government client and the new client are entirely parallel. The ―congruent-interest representation
conflict‖, unlike the ―adverse-interest conflict‖, is unique to former government lawyers.

38. What are the four-fold responsibilities of a lawyer?

The duties and responsibilities of a lawyer are towards (1) the society, (2) the legal profession, (3) the
court; and (4) the client.(Code of Professional Responsibility)

39. Distinguish Champerty from Doctrine of Maintenance.

CHAMPERTY DOCTRINE OF MAINTENANCE

It was directed "against wanton and in officious
intermeddling in the disputes of others in which
the intermeddler has no interest whatever, and
where the assistance rendered is without
justification or excuse."
It is characterized by "the receipt of a share of
the proceeds of the litigation by the
intermeddler." Some common law court
decisions, however, add a second factor in
determining champertous contracts, namely,
that the lawyer must also, "at his own expense
maintain, and take all the risks of, the
litigation."

(Conjugal Partnership, et. al. v. Lacaya, G.R. No. 173188 January 15, 2014)

40. What is barratry?

It is the offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. It is
the lawyer’s act of fomenting suits among individuals and offering his legal services to one of them for
monetary motives or purposes.

41. What is ambulance chasing?

It is the solicitation of almost any kind of legal business by an attorney, personally or through an agent
in order to gain employment. (Linsangan vs. Atty. Tolentino, A.C. No. 6672, September 4, 2009)

42. What is the exception to the general rule that lawyers cannot advertise his talents?

a. Publication in reputable law lists, in a manner consistent with the standards of conduct imposed by
the canons, of brief biographical and informative data;
b. Engaging in business or other occupations except when such could be deemed improper, be seen
as indirect solicitation or would be the equivalent of law practice;
c. Ordinary simple professional card;
d. Simple announcements of the opening of a law firm or of changes in the partnership associates,
firm name or office address, being for convenience of the profession;
e. Listing in a phone directory, but not under a designation of a special branch of law;
f. The offer of free legal services to the indigent, even when broadcasted over the radio or tendered
through circulation of printed matter to the general public;
g. Seeking a public office, which can only be held by a lawyer, or in a dignified manner, a position as
a full time corporate counsel;
h. Activity of an associate for the purpose of legal representation; and

9
 i. With propriety written articles for publications in which a lawyer gives information upon the law;
but he should not accept employment from such publications to advise inquiries in respect to their
individual rights (Agpalo, Legal and Judicial Ethics, 2009 ed, pp. 119-123).

43. What are the information required to be indicated in professional calling cards?

a. lawyer’s name;
b. name of the law firm with which he is connected;
c. address;
d. telephone number and
e. special branch of law practiced.(Linsangan v. Atty. Tolentino, A.C. No. 6672, September 4, 2009)

44. Can a retaining lien be attached to a thing not in a lawyer’s possession?

No. The right of a lawyer to insure the payment of his professional fee is either to retain the funds,
documents, and papers of his client which may have lawfully come into his possession, or to enforce it
upon any judgment for the payment of money he may secure in favor of his client. A retaining lien is
dependent upon possession and does not attach to anything not in attorney's hands. (ValerianaCaiña, et.
al. v. Hon. Victoriano, et. al., G.R. No. L-12905, February 26, 1959)

45. Can a retaining lien be attached to the property still in litigation?

No. The lien of respondent is not of a nature which attaches to the property in litigation but is at most a
personal claim enforceable by a writ of execution. (ValerianaCaiña, et. al. v. Hon. Victoriano, et. al., G.R. No.
L-12905, February 26, 1959)

46. Can a client validly assign a property, which is subject of a pending litigation, to his lawyer?

Yes, because the transfer or assignment of the property in litigation takes effect only after the finality of
a favorable judgment. (Biascan vs. Atty. Lopez, A.C. No. 4650, August 14, 2003)

47. What are the kinds of attorney’s lien?

a. The retaining lien is the right of the attorney to retain the funds, documents, and papers of
his client which have lawfully come into his possession until his lawful fees and
disbursements have been paid and to apply such funds to the satisfaction thereof.
b. The charging lien is the right which the attorney has upon all judgments for the payment of
money, and executions issued in pursuance of said judgments, which he has secured in
litigation of his client. (Section 33, Rule 127; Rustia vs. Abeto, 72 Phil., 133)

Retaining or charging lien takes legal effect only from and after, but not before, notice of said lien has
been entered in the record and served on the adverse party. (Elena Peralta Vda. De Caiña, et.al. vs. Hon.
Gustavo Victoriano,et.al, February 26 1959, G.R. No. L-12905)

48. What is a contingency contract?

Contingency contract is a written contract whereby the lawyer would be paid attorney’s fees only if the
suit or litigation ends favorably to the client. Contingent fee contracts are permitted in this jurisdiction
because they redound to the benefit of the poor client and the lawyer especially in cases where the
client has meritorious cause of action, but no means with which to pay for legal services unless he
can, with the sanction of law, make a contract for a contingent fee to be paid out of the proceeds of
litigation. (Atty. Orocio v. Angulan et. al., G.R. No. 179892-93 January 30, 2009)

49. Can a lawyer act as a counsel for a defendant in a case filed by the complainant whom he has
an existing retainer agreement with?

No. A lawyer may not, without being guilty of professional misconduct, act as counsel for a person
whose interest conflicts with that of his present or former client. The prohibition against representing
conflicting interests is absolute and the rule applies even if the lawyer has acted in good faith and with
no intention to represent conflicting interests. Lawyers are expected not only to keep inviolate the
client’s confidence, but also to avoid the appearance of treachery and double-dealing for only then
can litigants be encouraged to entrust their secrets to their lawyers, which is of paramount importance
in the administration of justice. (Daria O. Daging, vs. Atty. RizTingalon L. Davis, A.C. No. 9395, November 12,
2014. DEL CASTILLO)

50. What is the Doctrine of Imputed Knowledge?

 The knowledge acquired by an attorney during the time that he is acting within the scope of his
authority is imputed to the client (Ramirez v. Sheriff of Pampanga, G.R. No. L-780, November 16, 1945).

51. What are the exceptions to the Doctrine of Imputed Knowledge?

1. If strict application might foster dangerous collusion to the detriment of justice;

2. Service of notice upon party instead of upon his attorney is ordered by court;
3. Notice of pre-trial is required to be served upon parties and their respective lawyers; and
4. In appeal from the lower court to the RTC, upon docketing of appeal. Failure to appeal to CA
despite instructions by the client to do so constitute inexcusable negligence on the part of the
counsel. Canon 18, Rule 18.04 of the CPR requires a lawyer to keep his client informed of the
status of the case and respond within a reasonable time to the client’s request for information
(Alberto v. Juanino, A.C. No. 5302, February 18, 2005).

52. What are the exceptions to the rule that a client is bound by attorney’s conduct, negligence
and mistake in handling a case?

a. Where reckless or gross negligence of counsel deprives the client of due process of law,
b. When its application will result in outright deprivation of the clients liberty or property or
c. Where the interests of justice so require. (Callangan v. People, G.R. No. 153414, June 27, 2006)

53. Can a Petition for Annulment of Judgment under Rule 47 of the Rules of Court be
availed of by a petitioner who claims that the ordinary remedies of new trial, appeal,
petition for relief or other appropriate remedies are no longer available through the
negligence of his counsel?

Yes. Ordinarily, the mistake, negligence or lack of competence of counsel binds the client. A
recognized exception to the rule is when the lawyers were grossly negligent in their duty to maintain
their client’s cause and such amounted to a deprivation of their client’s property without due process
of law. In which case, the courts must step in and accord relief to a client who suffered thereby. x xxIn
fine, respondents did not lose the remedies of new trial, appeal, petition for relief and other remedies
through their own fault. It can only be attributed to the gross negligence of their erstwhile counsel
which prevented them from pursuing such remedies. x xx(Leticia Diona, Vs.Romeo A. Balangue, Sonny A.
Balangue, Reynaldo A. Balangue, And Esteban A. Balangue, Jr., G.R. No. 173559 January 7, 2013)

54. When is quantum meruitauthorized?

1. There is no express contract for attorney’s fees agreed upon between the lawyer and the client;
2. When although there is a formal contract of attorney’s fees, the stipulated fees are bound
unconscionable or unreasonable by the court;
3. When the contract for attorney’s fees is void due to purely formal matters or defects of execution;
4. When the counsel, for justifiable cause, was not able to finish the case to its conclusion; when
lawyer and client disregard the contract of attorney’s fees; and
5. When there is a contract but no stipulation as to attorney’s fees.

55. Discuss the two concepts of attorney’s fees – ordinary and extraordinary.

In its ordinary sense, it is the reasonable compensation paid to a lawyer by his client for legal services
rendered. In its extraordinary concept, it is awarded by the court to the successful litigant to be paid
by the losing party as indemnity for damages.

56. Is a verbal agreement between counsel and client on a contingent fee arrangement
enforceable?

No. A contract for contingent fees is an agreement in writing by which the fees, usually a fixed
percentage of what may be recovered in the action, are made to depend upon the success in the
effort to enforce or defend a supposed right. Contingent fees depend upon an express contract,
without which the attorney can only recover on the basis of quantum meruit. In Aquino v. Casabar
(GR 191470, January 26, 2015), the SC awarded the counsel 15% of the amount awarded to the client
because the 30% rate agreed upon by the client and the counsel was only made verbally.

57. What are the guides for determining attorney’s fees?

A lawyer shall be guided by the following factors in determining his fees:

11
 1. The time spent and the extent of the services rendered or required;
2. The novelty and difficult of the questions involved;
3. The important of the subject matter;
4. The skill demanded;
5. The probability of losing other employment as a result of acceptance of the proffered case;
6. The customary charges for similar services and the schedule of fees of the IBP chapter to which
he belongs;
7. The amount involved in the controversy and the benefits resulting to the client from the service;
8. The contingency or certainty of compensation;
9. The character of the employment, whether occasional or established; and
10. The professional standing of the lawyer. (Rule 20.01, CPR)

58. Can a lawyer withhold the documents and filing fee of a client on the ground of non-payment
of professional fees?

No. While the same Code of Professional Responsibility recognizes the right of a lawyer to have a
lien over the funds and property of his client as may be necessary to satisfy his lawful fees, Rule
16.03 demands that "a lawyer shall deliver the funds and property of his client when due or upon
demand." A lawyer should be scrupulously careful in handling money entrusted to him in his
professional capacity. Consequently, when a lawyer receives money from a client for a particular
purpose, the lawyer is bound to render an accounting to his client, showing that he spent the money
for the purpose intended.(Wilson Chua v. Atty. Diosdado Jimenez, A.C. No. 9880, November 28, 2016. DEL
CASTILLO)

59. A engaged the services of Atty. B to file on her behalf a Petition for Annulment of Marriage
with the Regional Trial Court for which she paid P42,000.00. Atty. Aa supposed copy of a
Petition for Annulment of Marriage which bore a stamped receipt. After not hearing from her
counsel and not receiving any notice from the trial court, A made inquiries with the Office of
the Clerk of Court and found out that no petition for annulment was filed. Can the Atty. B be
directed by the Court to return the amount of P42,000 he received?

Yes. It is imperative to first determine whether the matter falls within the disciplinary authority of the
Court or whether the matter is a proper subject of judicial action against lawyers. If the matter
involves violations of the lawyer’s oath and code of conduct, then it falls within the Court’s disciplinary
authority. However, if the matter arose from acts which carry civil or criminal liability, and which do not
directly require an inquiry into the moral fitness of the lawyer, then the matter would be a proper
subject of a judicial action which is understandably outside the purview of the Court’s disciplinary
authority. Thus, it was held that when the matter subject of the inquiry pertains to the mental and
moral fitness of the respondent to remain as member of the legal fraternity, the issue of whether the
respondent be directed to return the amount received from his client shall be deemed within the
Court’s disciplinary authority.

In this case, it is thus clear that respondent violated his lawyer’s oath and code of conduct when he
withheld the amount of ₱ 42,000.00 despite his failure to render the necessary legal services and
after complainant demanded its return. He must therefore be directed to return the same. (Grace M.
Anacta* vs. Atty. Eduardo d. Resurreccion, A.C. No. 9074 August 14, 2012. DEL CASTILLO)

60. What are the instances when a lawyer may not testify as a witness in a case which he is
handling for a client?

1. When such would adversely affect any lawful interest of the client with respect to which
confidence has been reposed on him;
2. Having accepted a retainer, he cannot be a witness against his client;
3. He cannot serve conflicting interests;
4. When he is to violate the confidence of his client; and
5. When as an attorney he is to testify on the theory of the case.

61. What are the instances when a lawyer MAY testify as a witness in a case which he is handling
for a client?

1. On formal matters, such as the mailing, authentication or custody of an instrument and the like;
2. On substantial matters in cases where his testimony is essential to the ends of justice, in which
event he must, during his testimony, entrust the trial of the case to another counsel. (Rule 12.08,
CPR)
3. Acting as an expert on his fees;
4. Acting as an arbitrator;
5. Deposition; and
 6. On substantial matters in cases where his testimony is essential to the ends of justice, in which
event he must, during his testimony, entrust the trial of the case to another counsel.

62. What is the nature of disbarment proceedings —

Disciplinary proceedings against lawyers are sui generis. Neither purely civil nor purely
criminal they do not involve a trial of an action or a suit, but are rather investigations by the
Court into the conduct of its officers. Not being intended to inflict punishment, they are in no
sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor
therein. They may be initiated by the Court motuproprio. Public interest is their primary
objective, and the real question for determination is whether or not the attorney is still a fit
person to be allowed the privileges as such. (In Re Almacen as cited in Ramon C. Gonzalez v. Atty.
Arnel C. Alcaraz, A.C. No. 5321, September 27, 2006)

63. Is cessation from judicial office by reason of resignation, death, or retirement a ground to
dismiss the case filed against a judge at the time the judge was still in public service?

No, cessation from judicial office by reason of resignation, death, or retirement is not a ground to
dismiss the case filed against him/her at the time that he/she was still in the public service. Should the
penalty of dismissal be found warranted for his/her unethical conduct and gross inefficiency in
performing the duties as a member of the bench, forfeiture of retirement benefits (except accrued
leave credits) may be imposed instead. Furthermore, he/she shall be barred from reemployment in
any branch or service of the government, including GOCCs. (Re: Findings on the Judicial Audit conducted
in RTC, Branch 8, La Trinidad, Benguet, AM 14-10-339-RTC, March 7, 2017)
64. What are the grounds for disbarment or suspension?
1. Deceit;
2. Malpractice or other gross misconduct in such office;
3. Gross immoral conduct;
4. Conviction of a crime involving moral turpitude;
5. Violation of oath of office;
6. Willful disobedience of a lawful order of a superior court
7. Corruptly or willfully appearing as an attorney for a party to a case without authority to do so;
and
8. Disbarment in foreign jurisdiction.(Sec. 27, Rule 138, RRC)

65. What is the requisite proof in disbarment proceedings?

In disbarment proceedings, the burden of proof is on the complainant; the Court exercises its
disciplinary power only if the complainant establishes her case by clear, convincing, and satisfactory
evidence. Preponderance of evidence means that the evidence adduced by one side is, as a whole,
superior to or has a greater weight than that of the other party. When the pieces of evidence of the
parties are evenly balanced or when doubt exists on the preponderance of evidence, the equipoise
rule dictates that the decision be against the party carrying the burden of proof. (Ylaya vs. Atty. Glenn
Carlos Gacott, A.C. No. 6475, January 30, 2013).

66. What is the prescriptive period to file a complaint for disbarment?

The filing of a disciplinary complaint does not prescribe, regardless of the number of years that lapsed
(Heirs of LydioFalame v. Baguio, A.C. No. 6876, March 7, 2008).

No matter how much time has elapsed from the time of the commission of the act complained of and
the time of the institution of the complaint, erring members of the bench and bar cannot, escape the
disciplining arm of the Court.

67. Define Gross Misconduct

Any inexcusable, shameful or flagrantly unlawful conduct on the part of the person involved in the
administration of justice, conduct that is prejudicial to the rights of the parties or to the right
determination of the cause. Such conduct is generally motivated by a premeditated, obstinate or
intentional purpose. The term, however, does not necessarily imply corruption or criminal intent
(Buehs vs. Atty. Bacatan, A.C. No. 6674, June 30, 2009).

68. What is the degree of misconduct to warrant suspension or disbarment

13
 It is not necessary that the misconduct should be such as would render the attorney liable to criminal
prosecution. His conduct which shows that he is unfit to discharge the duties of his office, or is
unworthy of confidence would be sufficient. (People v. Smith, 93 Am St. Rep. 206).
However, it has been said that to justify disbarment, the misconduct should be one that may be
properly characterized as gross. (Re Lentz, 50 LRA 415).

The Court defined immoral conduct as conduct that is willful, flagrant or shameless, and that shows a
moral indifference to the opinion of the good and respectable members of the community. To justify
suspension or disbarment, the act complained of must not only be immoral, but grossly immoral. A
grossly immoral act is one that is so corrupt and false as to constitute a criminal act or an act so
unprincipled or disgraceful as to be reprehensible to a high degree. (Abanag v. Mabute, A.M. No. P-11-
2922, April 4, 2011)

69. When is misconduct considered grave?

The misconduct is grave if it involves any of the additional elements of corruption, willful intent to
violate the law, or to disregard established rules, which must be established by substantial
evidence.(OCA vs. Abarentos, A.M. No. CA-12-26-P, August 17, 2015. Del Castillo)

70. Complainants engaged the services of Atty. Estebal to assist each of them in securing tourist
visas to the United States (U.S.). Toward this end, Campos and Atty. Estebal entered into a
Service Contract stipulating an acceptance/service fee of P200,000.00. Complainants claimed
that despite receipt of their monies, Atty. Estebal failed to apply or secure for them the U.S.
tourist visas that he promised. Thus, they demanded for the return of their monies. Atty,
Estebal, however, failed to return the amount despite repeated demands.
In his Answer, Atty. Estebal averred that like any other professional, he is paid not only for the
results he delivered, but also for the time, talent, industry and other items of professional
services he rendered, irrespective of the result/s thereof. Atty. Estebal posited that
complainants' demand for the return or refund of their money has no factual or legal basis at
all, especially because he had invested considerable time, talent and energy in the processing
of complainants' tourist visa applications with the U.S. Embassy. Did Atty. Estebal violated the
CPR?

No. He clearly violated violated Canon 15 for the reason that he was not candid enough to tell the
complainants their chances of getting a US visa. Instead, the respondent made the complainants
believe that they will have a good chance of getting the US visa if they will be joined with other
groups. It turned out to be false.

He also violated Canon 16, Rule 16.01 because he did not account for the money he received from
the complainants. It is not clear to the complainants how much is the amount due to the respondent.
Lastly, it appears that the attorney's fees that he collected from the complainants are excessive and
unreasonable. Considering the degree of work and number of hours spent, the amount he collected
from the complainants is not commensurate to the degree of services rendered. Obviously,
respondent took advantage of the weakness of the complainants in their desire to go the United
States.(Campos vs. Atty. Estebal, A.C.No. 10443, August 8, 2016. DEL CASTILLO)

71. Labor Arbiter Atty. Nambi rendered a Decisionin a consolidated labor case against M.A.
Mercado Construction and spouses Mercado (spouses Mercado). The respondents in the
labor case, Spouses Mercado, interposed an appeal which was dismissed for failure to post
an appeal bond. Thus, an Alias Writ of Execution was issued to implement the Decision.
Complainants in the labor case alleged that they cannot collect the judgment award from M.A.
Mercado Construction because it allegedly transferred its assets to M.A. Blocks Work, Inc.
and prayed that the Alias Writ of Execution be amended. Thus, Atty. Nambi issued an
Amended Alias Writ of Execution to enforce the monetary judgment against M.A. Blocks Work,
Inc. and all its incorporators.

By way of special appearance, M.A. Blocks Work, Inc., together with three of its stockholders
who are the complainants in this administrative case, filed an Urgent Motion to Quash the
Amended Alias Writ of Execution, contending that they are not bound by the judgment as they
were not parties to the labor case. But Atty. Nambi denied the Urgent Motion to Quash.
Is Atty. Nambi guilty of gross ignorance of the law when he granted the motion to amend the
alias writ of execution to enforce the monetary judgment?

No. As a rule, for one to be held administratively accountable for gross ignorance of the law, there
must be a showing that the error was gross and patent as to support a conclusion that the actor was
so moved with malice, bad faith, corruption, fraud, and dishonesty.
 Atty. Nambi’s conclusion had some bases and was not plucked from thin air, so to speak. He did not
act whimsically or arbitrarily; his ruling could not in any manner be characterized as imbued with
malice, fraud or bad faith. He did not capriciously rule on the issues presented; on the contrary, he
exerted efforts to weigh the positions of the contending parties. He should not be held accountable for
committing an honest mistake or an error in the appreciation of the facts of the case before him.
(Yolanda A. Andres, Minette A. Mercado AndElito P. Andres vs. Atty. Salimathar V. Nambi A.C. No. 7158, March
09, 2014)

72. Is shortage in the amounts to be remitted and the delay in the actual remittance thereof
constitute gross neglect of duty?

Yes. Gross neglect is such neglect which, from the gravity of the case or the frequency of instances,
becomes so serious in its character as to endanger or threaten the public welfare.

In the Office of the Court Administrator v. Acampado, the Court declared that any shortages in the
amounts to be remitted and the delay in the actual remittance thereof constitute gross neglect of duty
for which the clerk of court shall be held administratively liable. Moreover, in another case, it was held
that delayed remittance of cash collections constitutes gross neglect of duty because this omission
deprives the court of interest that could have been earned if the amounts were deposited in the
authorized depository bank.(Office Of The Court Administrator Vs. Joebert C. Guan, A.M. No. 06-12-411-Mtc,
July 15, 2015. DEL CASTILLO)

73. What is the presumption in suspension or disbarment proceedings?

In suspension or disbarment proceedings, lawyers enjoy the presumption of innocence, and the
burden of proof rests upon the complainant to clearly prove her allegations by preponderant
evidence. In the absence of preponderant evidence, the presumption of innocence of the lawyer
continues and the complaint against him must be dismissed. (Jasper Junno F. Rodica, vs.Atty. Manuel
"Lolong" M. Lazaro, Atty. Edwin M. Espejo, Atty. Abel M. Almario, Atty. Michelle B. Lazaro, Atty. Joseph C. Tan,
And John Does, A.C. No. 9259 March 13, 2013. DEL CASTILLO)

74. Can parties to a disbarment case claim that they were denied due process if they have not
been not required to file a Reply?Can they likewise claim the same if they were not informed
that case is already submitted for resolution?

No. Moreover, the Court no longer required complainant to file a Reply since it has the discretion not
to require the filing of the same when it can already judiciously resolve the case based on the
pleadings thus far submitted. And contrary to complainant’s mistaken notion, not all petitions or
complaints reach reply or memorandum stage. Depending on the merits of the case, the Court has
the discretion either to proceed with the case by first requiring the parties to file their respective
responsive pleadings or to dismiss the same outright. Likewise, the Court can proceed to resolve the
case without need of informing the parties that the case is already submitted for resolution. (Jasper
Junno F. Rodica, vs.
Atty. Manuel "Lolong" M. Lazaro, Atty. Edwin M. Espejo, Atty. Abel M. Almario, Atty. Michelle B. Lazaro, Atty.
Joseph C. Tan, And John Does, A.C. No. 9259 March 13, 2013. DEL CASTILLO)

75. If a lawyer is acquitted of a crime, may he still be the subject of an administrative complaint
over the same act?

Yes. An acquittal of the criminal charge is not a bar to administrative proceedings. The standards of
legal profesfsion are not satisfied by conduct which merely enables one to escap penalties under
criminal law. The SC, in disbarment proceedings, is acting in an entirely different capacity from that
which courts assume in trying a criminal case. Administrative cases against lawyers belong to a class
of their own. They are distinct from and they may proceed independently of civil and criminal cases.
(Guevarra v. Eala, AC 7136, August 1, 2007)

76. What are the guidelines in resolving requests for Judicial Clemency (Petition for
Reinstatement as a member of the Philippine Bar)?

i. There must be proof of remorse and reformation. These shall include but not limited to
certifications or testimonials of the officer(s) or chapter(s) of the Integrated Bar of the
Philippines, judges or judges associations and prominent mebers of the community with
proven integrity and probity.
ii. Sufficient time must have lapsed from the imposition of the penalty to ensure a period of
reform.
iii. The age of the person asking for clemency must show that he still has productive years
ahead of him that can be put to good use by giving hum a chance to redeem himself.

15
 iv. There must be a showing of promise (such as intellectual aptitude, learning or legal
acumen or contribution to legal scholarship and the development of the legal system or
administrative and other relevant skills), as well as potential for public service.
v. There must be other relevant factors and circumstances that may justify clemency. (Re: In
the Matter of the Petition for Reinstatement of Rolando S. Torres as a Member of the Philippine
Bar, A.C. No. 5161, July 11, 2017)

77. What are the kinds of contempt?

 Direct Contempt (Sec. 1, Rule 71, RRC) – A person guilty of misbehavior in the presence of or
so near a court as to obstruct or interrupt the proceedings before the same, including:
o Disrespect towards the court
o Offensive personalities towards others
o Refusal to be sworn or to answer as a witness
o Refusal to subscribe an affidavit or deposition when lawfully required to do so.

 Indirect or Constructive Contempt – one committed away from the court involving
disobedience of or resistance to a lawful writ, process, order, judgment or command of the court,
tending to belittle, degrade, obstruct, interrupt or embarrass the court.

(Sec. 3, Rule 71, RRC)

o Misbehavior of an officer of a court in the performance of his official duties or in his official
transactions;
o Disobedience of or resistance to a lawful writ, process, order, or judgment of a court;
o Any abuse of or any unlawful interference with the processes or proceedings of a court
not constituting direct contempt;
o Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the
administration of justice;
o Assuming to be an attorney or an officer of a court, and acting as such without authority;
o Failure to obey a subpoena duly served;
o The rescue, attempted rescue of a person or property in the custody of an officer by
virtue of an order or process of a court held by him.

78. Who are members of the bar that are exempted from taking the Mandatory Continuing Legal
Education (MCLE)?

The following members of the Bar are exempt from the MCLE requirement:

1. The President and the Vice President of the Philippines, and the Secretaries and
Undersecretaries of Executive Departments;
2. Senators and Members of the House of Representatives;
3. 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 Philippine Judicial Academy program of continuing judicial education;
4. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of
Justice;
5. The Solicitor General and the Assistant Solicitors General;
6. The Government Corporate Counsel, Deputy and Assistant Government Corporate Counsel;
7. The Chairmen and Members of the Constitutional Commissions;
8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special
Prosecutor of the Office of the Ombudsman;
9. Heads of government agencies exercising quasi-judicial functions;
10. Incumbent deans, bar reviewers and professors of law who have teaching experience for at least
ten (10) years in accredited law schools;
11. The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial
Lecturers of the Philippine Judicial Academy; and
12. Governors and Mayors (Sec. 1, Rule 7, Revised Rules on the Continuing Legal Education of the
Members of the Integrated Bar of the Philippines, B.M. 850. October 2, 2001)

Other parties exempted from the MCLE:

The following Members of the Bar are likewise exempt:

1. Those who are not in law practice, private or public; and

2. Those who have retired from law practice with the approval of the IBP Board of Governors (Sec. 2,
Rule 7, Ibid.)

79. What are the consequences of non-compliance of MCLE?

 a. Payment of non-compliance fee;
b. Listing as a delinquent member; and
c. Membership fees shall continue to accrue at the active rate. (Section 1, 2 and 3, Rule 13 B.M. 850
Adopting the Revised Rules on the Continuing Legal Education for Members of the IBP)

80. During the preliminary conference of the case, Atty Flores repeatedly failed to obey court
orders, particularly, the order to submit proof of his compliance with the Mandatory
Continuing Legal Education (MCLE) requirement as indicated in his pre-trial brief, and for
using intemperate language in his pleadings.

Were the acts of Atty. Flores vioate of the Code of Professional Responsibility, particularly,
Canon 11 thereof?

Yes.Court orders are to be respected not because the judges who issue them should be respected,
but because of the respect and consideration that should be extended to the judicial branch of the
Government. This is absolutely essential if our Government is to be a government of laws and not of
men. Respect must be had not because of the incumbents to the positions, but because of the
authority that vests in them. Disrespect to judicial incumbents is disrespect to that branch the
Government to which they belong, as well as to the State which has instituted the judicial system."

Here, Atty. Flores failed to obey the trial court’s order to submit proof of his MCLE compliance
notwithstanding the several opportunities given him. (Manahan vs. Flores, A.C. No. 8954, November 13,
2013. DEL CASTILLO)

81. What are the requirements on Mandatory Legal Service?

1. 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;
2. The practicing lawyer shall report compliance with the requirement within ten (10) days of the last
month of each quarter of the year;
3. A practicing lawyer shall be required to secure and obtain a certificate from the Clerk of Court
attesting to the number of hours spent rendering free legal aid services in a case;
4. (d) Said compliance report shall be submitted to the Legal Aid Chairperson of the IBP Chapter
within the court’s jurisdiction;
5. (e) The IBP Chapter shall, after verification, issue a compliance certificate to the concerned
lawyer. The IBP Chapter shall also submit the compliance reports to the IBP’s national
Committee on Legal Aid (NCLA) for recording and documentation; and
6. (f) Practicing lawyers shall indicate in all pleadings filed before the courts or quasi-judicial bodies
the number and date of issue of their certificate of compliance for the immediately preceding
compliance period (Sec. 5[a-e], Bar Matter No. 2012, Rule on Mandatory Legal Aid Service for Practicing
Lawyers).

82. What are the incentives to lawyers stated under Free Legal Assistance Act of 2010?

A lawyer or professional partnerships rendering actual free legal services, as defined by the Supreme
Court, shall be entitled to an allowable deduction from the gross income, the amount that could have
been collected for the actual free legal services rendered or up to ten percent (10%) of the gross
income derived from the actual performance of the legal profession, whichever is lower: Provided,
That the actual free legal services herein contemplated shall be exclusive of the minimum sixty (60)-
hour mandatory legal aid services rendered to indigent litigants as required under the Rule on
Mandatory Legal Aid Services for Practicing Lawyers, under B.M. No. 2012, February 10, 2009
issued by the Supreme Court (Sec. 5, Free Legal Assistance Act of 2010, R.A. 9999).

83. What are the proper contents of a lawyer’s calling card?

a. Lawyer’s name;
b. Name of the law firm with which he is connected;
c. Address;
d. Telephone number; and
e. Special branch of law practiced.(Linsangan v. Atty. Tolentino, A.C. no. 6672, September 4, 2009)

84. What is proper solicitation?

17
 For solicitation to be proper, it must be compatible with the dignity of the legal profession. If it is
made in a modest and decorous manner, it would bring no injury to the lawyer and to the bar. (Atty.
Khan Jr. v. Atty. Simbillo, A.C. No. 5299, August 19, 2003)

85. Who is a notary public?

A notary public is appointed by the court whose duty is to attest to the genuineness of any deed or
writing in order to render them available as evidence of facts stated therein and who is authorized by
the statute to administer various oaths.

―Notary public‖ and ―Notary‖ refer to any person commissioned to perform official acts under these
Rules. (Sec. 3, Rule II, A.M. No. 02-8-13-SC, 2004 Rules on Notarial Practice)

86. What are the qualifications to become a notary public?

A notarial commission 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:

1. Must be a citizen of the Philippines;
2. Must be over twenty-one (21) years of age;
3. Must be 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. Must be a 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. Must not have been convicted in the first instance of any crime involving moral turpitude (Sec. 1,
Rule III, A.M. No. 02-8-13-SC, 2004 Rules on Notarial Practice).

87. What are the powers and duties of a notary public?

(a) A notary public is empowered to perform the following notarial acts:

(1) Acknowledgments;
(2) Oaths and affirmations;
(3) Jurats;
(4) Signature witnessing;
(5) Copy certifications; and
(6) Any other act authorized by these Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an
instrument or document presented for notarization if:
(1) The thumb or other mark is affixed in the presence of the notary public and of two (2)
disinterested and unaffected witnesses to the instrument or document;
(2) Both witnesses sign their own names in addition to the thumb or other mark;
(3) The notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by
(name of signatory by mark) in the presence of (names and addresses of witnesses) and
undersigned notary public"; and
(4) The notary public notarizes the signature by thumb or other mark through an
acknowledgment, jurat, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or
make a mark on an instrument or document if:
(1) The notary public is directed by the person unable to sign or make a mark to sign on his
behalf;
(2) The signature of the notary public is affixed in the presence of two disinterested and
unaffected witnesses to the instrument or document;
(3) Both witnesses sign their own names;
(4) The notary public writes below his signature: ―Signature affixed by notary in presence of
(names and addresses of person and two [2] witnesses)‖; and
(5) the notary public notarizes his signature by acknowledgment or jurat. (Rule 4, Section 1, A.M.
No. 02-8-13-SC, 2004 Rules on Notarial Practice)

88. Whether the notary public can notarize a verification or affidavit of non-forum shopping before
plaintiff-client affix her signature?

No. Considering that notarization is not an empty, meaningless, routinary act, the faithful observance
and utmost respect of the legal solemnity of the oath in the jurat are sacrosanct. Being a lawyer
commissioned as a notary, she is mandated to discharge with fidelity the sacred duties appertaining
to her notarial office. Such duties being dictated by public policy and impressed with public interest,
 she could not disregard the requirements and solemnities of the Notarial Law. (Imelda Bides-Ulaso vs
Atty. EditaNoe-Lacsamana, AC No. 7297, September 29, 2009)

89. What is the effect of affixing notarial seal on the documents, and signature in the notarial
acknowledgement?

Such act transformed the document from private into public documents, and rendered them
admissible in court without further proof of their authenticity because the certificate of
acknowledgment constituted them the prima facie evidence of their execution.In doing so, the notary
public proclaimed to the world that all the parties executing the same had personally appeared before
him; that they were all personally known to him; that they were the same persons who had executed
the instruments; that he had inquired into the voluntariness of execution of the instrument; and that
they had acknowledged personally before him that they had voluntarily and freely executed the same.
(Magaway vs. Avecilla, A.C. No. 7072, July 27, 2016)

90. Complainants alleged that Atty. Kilaan intercalated certain entries in the application for
issuance of Certificate of Public Convenience (CPC) to operate public utility jeepney filed
before the Land Transportation Franchising and Regulatory Boardby substituting the name of
the applicant from X to that of Y and more importantly, that Atty. Kilaan submitted false and/or
insufficient documentary requirements in support of Batingwed’s application for CPC,
particularly that the Verification in Y's application for CPC notarized by Atty. Kilaan as Doc. No:
253, Page No. 51, Book No. VIII, Series of 2003 actually refers to a Deed of Sale and not the
Verification of Y's application.

Did Atty. Kilaan violate the notarial law and Code of Professional Responsibility?

Yes. Atty. Kilaan failed to make the proper entries in his Notarial Register; as such, his notarial
commission may be properly revoked.

Under the 2004 Rules on Notarial Practice, the respondent’s failure to make the proper entry or
entries in his Notarial Register of his notarial acts, his failure to require the presence of a principal at
the time of the notarial acts, and his failure to identify a principal on the basis of personal knowledge
by competent evidence are grounds for the revocation of a lawyer s commission as a notary public.
Indeed, Rule VI, Sections I and 2 of the 2004 Rules of Notarial Practice require a notary public to
keep and maintain a Notarial Register wherein he will record his every notarial act. His failure to make
the proper entry or entries in his notarial register concerning his notarial acts is a ground for
revocation of his notarial commission.(Agadan vs. Kilaan, A.C. No. 9385, November 11, 2013. DEL
CASTILLO)

91. Differentiate Jurat from Acknowledgment.

A jurat should be used only in affidavits, sworn statements, certifications, verifications and the like
never in contracts. It is a part of an affidavit where the officer certifies that the same was ―sworn‖
before him, it also gives the document a legal character. While an Acknowledgement is the general
form to authorize the deed to be given in evidence without further proof of its execution, and, to entitle
it to be recorded.

92. What is a Jurat?

It refers to an act in which an individual on a single occasion:

a. Appears in person before the notary public and presents an instrument or document;
b. Is personally known to the notary public or identified by the notary public through competent
evidence of identity;
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.(Section 6, 2004 Rules on Notarial Practice, AM No. 02-8-13-SC)

93. What is an Acknowledgment?

Acknowledgment refers to an act in which an individual on a single occasion:

a. Appears in person before the notary public and presents an integrally complete instrument or
document;
b. Is attested to be personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and
c. Represents to the notary public that the signature on the instrument or document was
voluntarily affixed by him for the purposes stated in the instrument or document, declares that
he has executed the instrument or document as his free and voluntary act and deed, and, if
he acts in a particular representative capacity, that he has the authority to sign in that
capacity.(Section 6, 2004 Rules on Notarial Practice, AM No. 02-8-13-SC)

19
94. Apart from the signature itself, what are the additional information required to be indicated in a
pleading?

a. Roll of Attorneys number

b. Professional Tax Receipt number, and
c. Integrated Bar of the Philippines (IBP) chapter receipt (or lifetime membership) number
d. Mandatory Continuing Legal Education (MCLE) compliance certificate number
e. Counsel’s address and contact details (Uy v. Atty. Maghari, A.C. No. 10525, September 01, 2015)

95. May a Municipal Judge engage in the preparation and acknowledgment of private documents?

Judges are enjoined by the Code of Judicial Conduct to regulate their extrajudicial activities in order
to minimize the risk of conflict with their judicial duties. Municipal Trial Courts and Municipal Circuit
Trial Courts judges may act as notaries public ex officio in the notarization of documents connected
only with the exercise of their official functions and duties—they may not, as notaries public ex officio,
undertake the preparation and acknowledgment of private documents, contracts and other acts of
conveyances which bear no direct relation to the performance of their functions as judges. (Fuentes vs.
Buno, 560 SCRA 22, 2008)

96. What is Judicial Independence?

Judicial independence is a prerequisite to the Rule of Law and a fundamental guarantee of fair trial. A
judge shall therefore, uphold and exemplify judicial independence in both its individual and
institutional aspects.

Individual Judicial Independence - focuses on each and particular judge and seeks to insure his or
her ability to decide cases with autonomy within the constraints of the law (In the Matter of the
allegations contained in the columns of Mr. Amado P. Macasaet published in Malaya dated September 18, 19,
20 and 21, 2007, A.M. No. 07-09-13-SC, August 8, 2008).

Institutional Judicial Independence- focuses on the independence of the judiciary as a branch of

government and protects judges as a class (Ibid).

97. Judge Z was a fan of a popular celebrity, Kritney Pears. In 2011, Kritney Pears was caught in
flagrante delicto and was arrested for violation of the Comprehensive Dangerous Drugs Act.
Her case was raffled to Judge Z’s sala. The entire trial was highly publicized and Kritney Pears
would often make statements to the media, appealing to Judge Z’s sensibilities by granting
her mercy. Judge Z, shortly thereafter, acquitted Kritney Pears, on the ground of reasonable
doubt. An administrative complaint against Judge Z was filed. Will the complaint prosper?

YES. Canon 1 of the New Code of Judicial Conduct provides that judicial Independence is a pre-
requisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall therefore uphold
and exemplify judicial independence in both its individual and institutional aspects.

98. What is Judicial Integrity?

Integrity is essential not only to the proper discharge of the judicial office but also to the personal
demeanor of judges.

When a judge respects the right to attribution and integrity of an author, then the judge observes
intellectual honesty in writing his decisions. Writing decisions is the most important official duty of a
judge, more so of appellate court judges. Conversely, if a judge fails to respect an author’s right to
attribution and integrity, then the judge fails to observe intellectual honesty in the performance of his
official duties, a violation of Canon 3 of the Code of Judicial Conduct. (In the Matter of the Charges of
Plagiarism, Etc., Against Associate Justice Mariano C. Del Castillo, 642 SCRA 11, 2011)

99. What do you mean by Judicial Impartiality?

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.

Judges must not only render a just, correct and impartial decision but should do so in such a manner
as to be free from any suspicion as to his fairness, impartiality and integrity. (Maliwat v. CA, 326 Phil.
732, 1996)
 It is settled that a judge’s failure to interpret the law or to properly appreciate the evidence presented
does not necessarily render him administratively liable. Only judicial errors tainted with fraud,
dishonesty, gross ignorance, bad faith, or deliberate intent to do an injustice will be administratively
sanctioned. (Magdadaro vs. Saniel, Jr., 687 SCRA 401, 2012)

100. Explain the concept of Judicial Equality.

Ensuring equality of treatment to all before the courts is essential to the due performance of the
judicial office.

The court pointed out that the act of the members of the judiciary in publicizing professional
publications or boasting or having studied in and graduated from certain law schools, no matter how
prestigious, might reveal bias for or against some lawyers. In performing their judicial duties, they
should not manifest bias or prejudice by word or conduct towards any persons or group on irrelevant
grounds. It is very essential that they should live up to the high standards their noble position on the
Bench demands. Their language must be guarded and measured, lest the best of intentions be
misconstrued (Assistant Special Prosecutor III Rohermia J. Jamsani Rodriguez vs. Justice Gregory S. Ong,
A.M. No. 0819SBJ, April 12, 2011).

101. What is revolving door law practice?

The process by which lawyers and others temporarily enter government service from private life and
then leave it for large fees in private practice, where they can exploit information, contacts, and
influence garnered in government service. (PCCG v. Sandiganbayan and Tan, G.R. Nos. 151809-12 [April 12, 2005])

102. Are judges allowed to issue a legal opinion on a case outside of his court’s jurisdiction?

No. Judges do not and are not allowed to issue legal opinions; their opinions are always in the
context of judicial decisions or concurring and dissenting opinions in the case of collegiate courts and
always in the context of contested proceedings. (Office of the Court Administrator vs. Liangco, 662 SCRA
103, 2011)

103. What are the instances wherein a judge may disqualify from participating in any court
proceeding or inhibit himself to hear a case?

In Section 5, Canon 3 of the New Code of Judicial Conduct, the Judges shall disqualify themselves
from participating in any proceedings in which they are unable to decide the matter impartially or in
which it may appear to a reasonable observer that they are unable to decide the matter impartially.
Such proceedings include, but are not limited to, instances where:

1. The Judge has actual bias or prejudice concerning a party or personal knowledge of disputed
evidentiary facts concerning the proceedings;
2. The Judge previously served as a lawyer or was a material witness in the matter in controversy;
3. The Judge, or a member of his or her family, has an economic interest in the outcome of the
matter in controversy;
4. The Judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in
controversy, or a former associate of the judge served as counsel during their association, or the
judge or lawyer was a material witness therein;
5. The Judge’s ruling in a lower court is subject of review;
6. The Judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to
counsel within the fourth civil degree; or
7. The Judge knows that his or her spouse has a financial interest as heir, legatee, creditor,
fiduciary, or otherwise, in the subject matter in controversy or in a part to the proceeding, or any
other interest that could be substantially affected by the outcome of the proceedings.

104. What are the grounds for mandatory or compulsory disqualification of a judge?

1. He or his wife or his child is pecuniary interested as heir, legatee, creditor or otherwise;
2. Relation to either party within the sixth degree of consanguinity or affinity or to counsel within the
fourth civil degree
3. When he has been an executor, guardian, administrator, trustee or counsel;
4. When he has presided in an inferior court where his ruling or decision is subject to review (Rule
131, RRC)

105. Distinguish Disqualification from Inhibition.

DISQUALIFICATION INHIBITION
The Rules enumerate the specific and exclusive The Rules does not expressly enumerate the

21
 grounds under which any judge or judicial officer
is disqualified from acting as such.
Rules give the judicial officer NO DISCRETION to
try or sit in a case.
specific grounds for inhibition but merely gives a
broad basis thereof, i.e. good sound or ethical
grounds
Rules leave the matter of inhibition to the SOUND
DISCRETION of the judge.

106. What the requirements that will guide a judge to continue hearing the case despite existence
of reasons for disqualification?

Requirements to continue hearing the case despite existence of reasons for disqualification:
a) Bona fide disclosure to the parties-in-litigation;
b) Express acceptance by all the parties of the cited reason as not material or substantial;
c) Agreement is in writing, signed by the parties and counsels; and
d) Agreement incorporated in the records of the proceedings.

107. Will a heavy caseload excuse a judge for incurring delay in deciding cases on time?

No. The Court is not unmindful of the burden of heavy caseloads heaped on the shoulders of every
trial judge. But that cannot excuse them from doing their mandated duty to resolve cases with
diligence and dispatch. Judges burdened with heavy caseloads should request the Court for an
extension of the reglementary period within which to decide their cases if they think they cannot
comply with their judicial duty. Hence, under the circumstances, all that said judge needed to do was
request for an extension of time since the Court has, almost invariably, been considerate with regard
to such requests.(Luminza Delos Reyes, Vs. Judge Danilo S. Dela Cruz And Clerk Of Court V Godolfo R.
Gundran, of the Regional Trial Court, Branch 152, Pasig City, A.M. No. RTJ-08-2152 (Formerly A.M. OCA IPI
No. 08-2846-RTJ), January 18, 2010. DEL CASTILLO)

108. Can a private party and raffle be held inside a Hall of Justice?

No. In Administrative Circular No. 3-92, we have already reminded all judges and court personnel that
"the Halls of Justice may be used only for purposes directly related to the functioning and operation of
the courts of justice, and may not be devoted to any other use. Time and again, the Court has always
stressed in pertinent issuances and decisions that courts are temples of justice, the honor and dignity
of which must be upheld and that their use shall not expose judicial records to danger of loss or
damage. So strict is the Court about this that it has declared that the prohibition against the use of
Halls of Justice for purposes other than that for which they have been built extends to their immediate
vicinity including their grounds.(Ryan S. Plaza vs. Atty. Marcelina R. Amamio, A.M. No. P-08-2559 (Formerly
OCA IPI No. 08-2940-P) March 19, 2010. DEL CASTILLO)

109. Is the act of a judge in calling the complainant and intervenors, who she previously ruled
as lacking legal standing, to a meeting in her chambers an act of impropriety?

Yes. Sections 1 and 6, Canon 4 of the New Code of Judicial Conduct for the Philippine
Judiciaryclearly enjoin judges not only from committing acts of impropriety but even acts which have
the appearance of impropriety. The Code recognizes that even acts that are not per se improper can
nevertheless be perceived by the larger community as such. "Be it stressed that judges are held to
higher standards of integrity and ethical conduct than attorneys and other persons not vested with
public trust."(Lydia A. Benancillo, vs.Judge Venancio J. Amila, A.M. No. RTJ-08-2149 (Formerly OCA IPI No.
08-2787-RTJ) March 9, 2011. DEL CASTILLO)

110. What is the duty of a process server?

"The duty of a process server is vital to the administration of justice. A process server’s primary duty
is to serve court notices which precisely requires utmost care on his part by ensuring that all notices
assigned to him are duly served on the parties." "Unjustified delay in performing this task constitutes
neglect of duty and warrants the imposition of administrative sanctions."It is through the process
server that defendants learn of the action brought against them by the complainant. More important, it
is also through the service of summons by the process server that the trial court acquires jurisdiction
over the defendant. It is therefore important that summonses, other writs and court processes be
served expeditiously.(Judge PelagiaDalmacio-Joaquin, NicomedesDela Cruz, A.M. No. P-06-2241 (Formerly
OCA IPI No. 06-2422-P), July 10, 2012)
 LEGAL FORMS

Quitclaims in Labor Cases

Republic of the Philippines

DEPARTMENT OF LABOR AND EMPLOYMENT
Regional Office No. ___
___________ City, _________

_____________________;
Complainant/s
CASE NO. ______________________
- versus -

_____________________;
Respondent/s.

QUITCLAIM AND RELEASE

Complainant/s, respectfully manifests that:

For in consideration of the sum of ________________________________________

(P ____________) in settlement of my / our claim; as financial assistance and / or gratuitously given by
my / our employer, receipt of which is hereby acknowledge to my / our complete and full satisfaction. I /
we hereby release and discharge the Company and / or its officer, from any and all by way of unpaid
wages, separation pay, overtime pay, differential pay or otherwise as may be due me/us incident to
my/our past employment with said establishment. I/We hereby state further that I/We have no more claim
or cause of action of whatever nature whether past, present or contingent against the said Company
and/or its officer.

In view hereof, I/We hereby move for dismissal of the above entitle case and further
request that the same dropped from the business calendar of this office.

IN WITNESS WHEREOF, I/We hereunto set my/our hand/s this _________day of ____
at ________.

_________________
Complainant/s

WITNESSES:

___________________________ __________________________

SUBSCRIBED AND SWORN to before me this ______________, day of ______________ at

_________________, complainant/s exhibited to me his/her government-issued identification document
with number ____________________ valid until ____________.

Doc. No. _____:

Notary Public
Page No. _____;
Book No. _____;
Roll No. ____;
Series of ______.
IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____ (Place) (Date)
Commission Expires on _________

23
 A. SIMPLE CONTRACTS

CONTRACT OF LEASE

KNOWN ALL MEN BY THESE PRESENTS:

This CONTRACT, made and entered into by and between:

____________________, of legal age, Filipino, married, with residence and postal address at No. ___
________________, and hereinafter referred to as the LESSOR;

- and –

____________________, of legal age, Filipino, married, with residence and postal address at
____________________ and hereinafter referred to as the LESSEE;

WITNESSETH

That, the LESSOR sub-leases a certain office table and space or portion of an office of an office space,
otherwise known as ____________________________________, in favor of the LESSEE, for office use
and/or purposes only, within a period of one (1) year, commencing on ____(date)____, for and in
consideration of the monthly rental in the amount of __________________________ (Php ___________)
Pesos, Philippine Currency;

That, the said monthly rental shall be paid on or before the 5th day of each month, beginning
____________; and, upon signing and execution of this contract, the LESSEE shall satisfactorily pay unto
and in favor of the LESSOR the sum equivalent to _______ months rental, as deposit, and the aforesaid
provided monthly rental;

That, it is further agreed that the said deposit may only be applied and/or used for the remaining
_________ months of this lease contract; and, as the case may be, this contract may be renewed upon
and by the mutual consent of the parties whereof;

DONE, on this ___ day of _________, 2017, at __________ City.

LESSOR : ________________ LESSEE: ________________

Signed in the Presence of:

______________________________ __________________________

ACKNOWLEDGMENT
DEED OF SALE OF REGISTERED LAND

DEED OF SALE

KNOW ALL MEN BY THESE PRESENTS:

I, _____(Full name of vendor)_____________, Filipino, single/married to

_______________________________, of legal age, with residence and post-office address at
______________________________________________,for and in consideration of the sum of
_______________________ PESOS (P______________), Philippine currency, to me in hand paid by
_____(Full name of vendee)______________, Filipino, of legal age, with residence and post-office
address at _________________________________,

do hereby SELL, TRANSFER, and CONVEY, absolutely and unconditionally, unto the said __________
his/her heirs and assigns, that certain parcel (or parcels) of land, together with the buildings and
improvements thereon, situated in (city or municipality, and province) and more particularly described as
follows:

(Description)

of which I am the registered owner in fee simple in accordance with the Land Registration Act, my title
thereto being evidenced by Transfer (or Original) Certificate of Title No.
____________________________ issued by the Register of Deeds of ___________________________.

It is hereby mutually agreed that the vendee shall bear all the expenses for the execution and
registration of this deed of sale.

IN WITNESS WHEREOF, I have hereunto signed this deed of sale, this ___ day of
____________________, 2_____, at the (city or municipality), Philippines.
________________________________
(Vendor)

With my consent

________________________________
(Vendor’s wife)

SIGNED IN THE PRESENCE OF:

___________________________________ __________________________________

ACKNOWLEDG MENT

25
C. PROMISSORY NOTE

(Date and Place of Execution)

(Amount of Note)

_____________ months (or days) after date, I, (name of the Maker) promise to pay, for value received,
to (name of Payee) or order the sum of _______________ PESOS, Philippine Currency.

D. VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, (Name of Affiant), Filipino, of legal age, and residing at (Address), after having been sworn in
accordance with law, depose and state that:

1. I am the petitioner (Respondent/Plaintiff/Defendant) in the above-entitled case and have caused

the preparation of the foregoing petition (complaint/pleading);

2. I have read and understood the allegations therein and the same are true and correct of my own
personal knowledge and/or based on authentic records;

3. I attest to the authenticity of the annexes hereof;

4. I have not commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency and , to the best of my knowledge, no such other action or claim
is pending therein;

5. If there is such other pending action or claim, I will furnish this Honorable Court with a complete
statement of the present status thereof; and
6. If I should thereafter learn that the same or similar action or claim has been filed or is pending, I
shall report that fact within five (5) days therefrom to this Honorable Court wherein my aforesaid
petition (complaint/pleading) has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of _________, 2017 at (Place of
Execution), Philippines.

(NAME OF AFFIANT)

AFFIANT
[JURAT]
E. AFFIDAVITS – LOSS, CHANGE OF NAME

REPUBLIC OF THE PHILIPPINES )

CITY OF __________________ ) S.S.

AFFIDAVIT OF LOSS

I, _______________________________, of legal age, Filipino, with address at

__________________________, after having been sworn according to law, depose and state that:

1. I am the owner of Driver’s License No. ___________, issued on______ at __________;

2. On or about _______ __(state the reason for the loss of the identification
card)________;
3. I could not locate the same, and that diligent search for it proved to be futile;
4. That the identification card was not confiscated by traffic enforcement officers due to
any traffic violations;
5. This affidavit is executed to attest to the truth of the above and for the issuance of a
new driver’s license.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of

______________ at Quezon City.

_____________________________
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of _____________ 2017 at

______________ City; Affiant exhibiting to me his/her _________________________, as competent
evidence of his/her identity.

Doc. No. _____: Notary Public

Page No. _____;
Book No. _____; Roll No. ____;
Series of ______. IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____ (Place) (Date)
Commission Expires on _________

27
REPUBLIC OF THE PHILIPPINES )
CITY OF___________________ ) S.S.

AFFIDAVIT OF CHANGE OF NAME

I, __________________________, of legal age, Filipino citizen, married to

____________________________and residents of _______________________________, after having
been duly sworn to in accordance with law, depose and state THAT:

1. THAT my name is ____________________ as stated and registered in my birth certificate

issued by office of the Civil Registry of ______________________. A copy of my birth certificate
is hereto attached as ANNEX “A”;

2. THAT the name ___________________also appears in my passport which was issued based
on the data appearing in my birth certificate. A copy of the page of my passport where my name
and picture appears is hereto attached as ANNEX “B”;

3. THAT since childhood, my friends and acquaintances call me ________and thus since then I
have been accustomed to using the name ____________________in my personal records,
transactions and communications;

4. THAT the name ____________________ and _____________________ refer to one and the
same person, the herein Affiant;

5. THAT I am executing this Affidavit to attest to the truth of the foregoing facts and to use the
same for whatever legal purpose it may serve.

IN WITNESS WHEREOF, we have hereunto set our hands this ___________________ in

_______________, Philippines.
_____________________________
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of _____________ 2017 at

______________ City; Affiant exhibiting to me his/her _________________________as competent
evidence of her identity.

Doc. No. _____:

Page No. _____;
Book No. _____;
Series of ______.
F. NOTICE OF HEARING

NOTICE OF HEARING

NAME OF DEFENDANT
(IF FILED BY PLAINTIFF)

NAME OF PLAINTIFF
(IF FILED BY DEFENDANT)

NAME OF CLERK OF COURT.

Please be notified that the undersigned will submit the foregoing motion for the consideration and
approval of the Curt on ______________________at ______________
____________________________, 20___.

Plaintiff / Defendant

29
G. JURAT

SUBSCRIBED and sworn to before me this __(date)____ in _____(place)____, affiant after

exhibiting to me his/her __(valid government id)___, as competent evidence of his/her identity.
________________________________
__
Notary Public

Roll No. ____;

IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____ (Place) (Date)
Commission Expires on _______

H. ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF ___________________ ) S.S.

BEFORE ME, this ____ day of ____, _____ in the City of _________, personally appeared:

Name Competent Evidence of Identity Place and Date of Issue

____________________ _________________________ ___________________
____________________ _________________________ ___________________

known to me to be the same person who executed the foregoing instrument, and acknowledged that the
same are their free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date
and place above written.

Doc. No. _____: Notary Public

Page No. _____;
Book No. _____; Roll No. ____;
Series of _____ IBP No. ____ (Place) (Date)
PTR No. ____ (Place) (Date)
MCLE No.____ (Place) (Date)
Commission Expires on _________