LEGAL AND JUDICIAL PRACTICE OF LAW 1. When lawyors teach law, are they engaged in the practice of law? YES. Practice of law is any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience, or that which give notice ar render any kind of service which device or service requires the use in any degrae of legal knowledge or skill, lawyers when they teach law are cansiderad engaged in the practice of law, Thus, their actions as law profassors must ba measured against the same canons of professional responsibility applicable to acts of members of the Bar as the fact of their being law professors is inextricably entwined with the fact that they are lawyers (Re: Letter of the UP Law Facutty, A.M. No. 10-10-4-SC, March 8 204%). 2. After the SC suspended Atty. B from the practice of law for notarial violations, the CHR En Banc issued a resolution suspending him as a Regional Director of the CHR for want of eligibility in the meantime that bls authority to practice law is suspended. Alfy. B argued that he cannot bo suspended for acts nat connected with his functions as CHR Regional Director. According to Atty. B, his suspension from the practice of ide his suspension from public office. Is he correct? 4 NO, The po GHR estan’ i Jucting preliminary investigations, administer od p nfen ties and discuss: immediate 8 ti ‘the matter to an alternative disp ighiés cases prepared by the legal of good standing ant-a a8 when he is disbarred or suspended fro: position he is hating. The disbarred or susper “Calubaquib and Baliga, Avot garnishment against but did not turn over paid part of the money Mrs. P filed a the adverse party. the proceeds to Mré~P. to the judge while_thi disbarment case again YES. The practice ofy i upon thase who show that they possess, and cohti avi for the confarment of such privilege. Memberships 2 wyer has the privilege and right to practice law only-d 6 it for misconduct ascertained and declared by judg bean afforded him, Without invading any constitutional proceeding to suspend ‘ te @unfit to hold a license or to exercise the duties and resqonsi a 4. Why is the practice of law a pre Lawyering is not primarily meat necessarily yields profits. The g: nd law advocacy is not a capital that Tot a professional but a secondary consideration. Duty to public service ans istration of justice should be the primary consideration of lawyers, who must suborGinate their persenal interests or what they owe to themselves. The practice of law is a noble calling in which amolument is a byproduct, and the highest eminence may be atlained without making much meney (Burbe v. Magulte, AC No. 09-834 June 10, 2002). QUALIFICATIONS 5. RC enrolled at PLM College where he stayed for 1 year before transferring ta PMA. He was discharged from the PMA and since then he never went back to school fo earn a college degree, He took up law using his brother PC’s name and luckily passed the Bar. Will the complaint for disbarment filed by the real PC: against his brether RC prosper? YES, Section 6 of Rule 138 provides that no applicant for admission to the Bar Examination shall be admitted unless he had pursued and satisfactorily completed a pre-law course, There is a possibility that RC may later on complete his college education and earn a law degree under his real name, However, his false assumption of his brother's name, identity, and educational records renders him unfit for admissionJUDICIAL EA to the Bar. The practice of law, after all, is not a natural, absolute or constitutional right to be granted to everyone who demands it. Rather, itis 4 privilege limited to citizens of good moral character (Caranan v. Caronan, A.C. No. 14316, July 12, 2076). 6. What are the instances when nondawyers may appear and handle cases before judicial of administrative bodies? Before the MTC A parly may conduct his ¢a5e of litigation in person with ‘the aid of an agent or friend appointed by him (ROC, . ula 138, Sec. 34) Bolore any other court ‘A party may conduct his litigation personally. But if he gets someone to aid him, that someone must be an | authorized member of the Bar (ROC, Rule 138, Sec. 34) where a duly licensed member of the Baris In a criminal case before tha MTC ince; probity ang (abty to defend - and is enrolled in @ recognized |@ — may appear, criminal or fel-Court, tribunal, board coniplakts sccopicd by te | 2C7Rule 138-A, Sec. 1), icect supervision and raccredited by the law and without such ior court (ROC, Rule administrative case || oF officer, to repress Before the NLRC S fey aPgear belate the NLRC or any Labor | janization that is existing within stablishment, who are parties to a duly-accredited member of any legal aid offite recognized by the Department of Justice ‘or Integrated Bar of the Philippines: or @. Holshe is the owner or president of a corporation ‘or establishment which is a party ta the case (2011 NLRC Rules of Procedure, See. 6[b]) Before a Cadastral Court ‘A non-lawyer may represent a claimant before the Cadastral Court (Act No. 2259, Sec. 3) Proceedings before the Small Claims | No attomey shall appear in behalf of or represent a party Court at the hearing, unless the attomey is the plaintiff or J cafe (Rule of Procedure for Small Claims Cases, 0. 17)— ne | 7. FC, a4™ year law student, sought permission to enter his appearance, anchored on Section 34 of 138, before the RTC 2s the plaintiff in a civil case for abatement of nuisance. Judge PM denied the motion contending that FC failed to satisty the requirements under Rule 138-A or th Law Student Practice Rule. Is Judge PM correct? NO. Section 34 of Rule 138 is distinct rom Rule 138-4. The farmer recognizes the right of an individual to represent himealf in any case to which he isa party. A party may conduct his litigation personally or with the aid of an attorney. andl that his appearances must elther ba personal or by a duly authorized member of the Bar. Tha individual filigant may porsanally da everything in tho course of praosedings from commencement to the termination of the litigation. Hence, as @ pany-litigant, FC may enter his appearanca withoul satisfying the requirements under Rule 138-A (Cruz v. Mijares, G.R. No. 154484, September 11, 2008). 8 Should a law student be accompanied at all times by a momber of the Bar duly accredited by the law school when appearing in court? Not at all times. Under Section 34, Rula 138 a law student may appear without the supervision of a mamber of the Bar before an inferior cour fend of a party, or at any other courts when he ic Dore ne of theig projects under the However, betore even finishing projen Construction prompting ho son pe BB Constryctigir'sfid Engineer EE, sary messaate i nos lt a before the Dusapresenting himself ee brat oy to ap E-AILRG in cases before yor Ta n caso} reprosents the ice duly recognized by er but his appearance fe! first exception (Kanleon thom. The exceptigngyais wh iganization or ts meiibers; 0 the DOJ or the IBP before the LA in his Construction vs. Ni! 10. X filed a case auainne ito to appear and represebi hearing of the case? | NO. Section 19 of the 20 r . not allowed to appear ? tepte: i | js the plaintiff or defendant (2016 Revised Rules nal P50, 000. X hired Atty. Fas % lawyer during the 11. Can persons who passed’ NO. Parsons who pass the practice law before Shania :Philippine Bar, hence may only Sharia Bar, and one who has selfors," in the sense that they give tlorney." The title of "attorney" is reserved to those who, having obi Sinthe study of law and successfully taken the Bar Examinations, have been admit e of the Philippines and remain members thereof in good standing; and it is they oplf a Roqzed to practice law in this jurisdiction (Alawi v. Alauya, AM, SDC-97-2-P, February 24, “Judges ‘and other officials or employees of | 1. Senators and Members of the House of the superior court (ROC, Rule 138, Sec. 35); | Representatives (CONSTI, Art. Wi, Sec. 14): 2. Officials and employees of the Office of the | 2. Members of the Sanggunian; Solicitor General (RRC, Rule 138, Sec. 35); | 3. Retired Justice or Judge receiving pension 3,_ Government Prosacutors; from the government (R.A. 910, Sac. 1), and. Govemors, city and municipal mayors; 4. Civil Service officers or employees (whose ‘Ombudsman and his deputies: | duty does not require his entire time to be at . Chairmen and members of the the disposal of the government), provided Constitutional Commissions (CONSTI, Art| he can secure a written permit from the IX, Sec, 2}; head of the department cancemed (Revised Civil service officers or employees whose | Civil Service Rules, Rule XVIII, Sec. 12h duties require them to devote their entire | and time at the disposal of the government, §, Former government attomey cannot, afler | 8. President, Vice-President members of the leaving government service, —_accspt Cabinet, their deputies and assistants | engagement or employment in connection (CONSTI, Art. Vil, Sec. 13): with any matter in which he had intervened | ), Those who, by Special law, are prohibited | while in the said service. (CPR, Rule 6.03) from engaging in the practice of their legal profession, but if so authorized by the department head, he may, in an eoleied family friend (AGPALG Ethics . What is the It is an area i AS—applicable to former government lawyérs tts ieit service fram private life then leave it ferllarge Bio ; i influence gamered Ji Gove 2 palit at a former govemment tawyer who has entait - nt a rse-interest confit’ or “congruent-inierest Tepe y. Sandiganbs 15180912, April 12, 2005). i! 7 representing a client in private practice if the We stant t jealt with while emplayed by the government ar el 2 ‘adverse. it must be observed that the "adverse-inte} ict app feces Iie 2 denerally disqualified from accepting amployment intially relatad (PEGG v. terest phresortayién abaflict”? fn “congruent-interest represet] alficatlant dogs-nct really involve a confict at al, because it prohibits the lanyent ate kraetiée-clent even if the interests of the former govemment client and thet “congruent-interest representation conflict," unlike the “adverse-ifte Nita i lish ler government lawyers (POGG v. Sandiganbayan, G.R, Nos. 151609- 9 . Former Solicitor General H assisted tHe Central Bank Yn liquidating B Bank which was bought by © Corp, when he was still In the government service. He is now a private practitioner and is representing C Corp in a case filed by PCGG. Does this violate the prohibition on lawyers who have left the government service from accepting engagements in connection with any matter he had intervened in while in the sald service? NO. The ‘matter’ referred to in the rule is any discrete, isolatable act as well as identifiable transaction or conduct involving @ particular situation and specific party, and not maraly an act of drafting, enforcing or interpreting government or agency procedures, regulations or laws, or briefing abstract principles of law. Former Solicitor General H had no advarse interest when he acted as such and laler as caunsel afC Corp because the alleged intervention while holding such position is an intervention on a matter different fam the matter involved in the case initiated by the FOGG (PCGG vs, Sandiganbayan, G.R. Nos. 151809-72. April 12, 2005).16. Atty. IG was hired by KWD, a GOCC, with the consent of the Office of the Government Corporate Counsel (OGCC) and the Commission on Audit (COA), After the expiration ef Atty. IG’s one-year retainership agreement with KWO, the latter entered into a retainership agreoment with Atty. FB. However, Atty. IG continued to represent KWD prompting the Iattor to fila an administrative case against Atty. IG. Is Atty. IG tiable for unauthorized practice? YES. The indispensable conditions befora a GOCC can hire a private lawyer are: (1) private counsel can only be hired in exceptional cases; (2) the GOCC must firet secure the waitten conformity and acquiescence of the Solicitor General ar the Goverment Corporate Counsel, as the case may be: and (3) the written concurrenca af the COA. Under Section 27, Rule 138, a tember of the bar may be disbarred or suspended from his office as atiorney for corruptly oF wilifuly appearing as gn attorney for a party to @ case without authority to do 30. In this case, Atty. IG initially had authority to appear a8 counsel. Hovrever, he has appeared without authority after his retainership agreament with KWD has expired (Vargas, ef af. vs. Ignes, etal, A.C. No. 8096, uly 6, 2070). 17. Councilor CC, a lawyer, was asked by the Sangguniang Bayan of Tagaytay to appear on behalf of the Tagaytay LGU in.an administrative proceeding Involving the sald LGU. Because of Mayor MMs promise that Councilor 6G fs fees which will be appropriated through the city council, he at pearance be proper? administrative vemment Code low EXCEPT in naa ar unit oF any office, fvorse Barty; goverment is Collect any fee fo therein; | will €0.n0 Fal promote or sue any grou man for money oF malice aT " iding-f0 the best of my knowledge and discretion with all good fideli ts; and | impose upon myself this i So help me God. (Please note that in the bar exami would be considered as markings.) 18, What is the significance of the lawyer's oath? ‘The lawyer's oath is not a mere formality for practicing law. Every lawyer should at ALL TIMES weigh his actions according te the swom promises he makes when taking the lawyer's oath. If all lawyers conducted themselves strictly according to the lawyer's oath and the Code of Professional Responsibility, the administration of justice will undoubtedly be faster, faiter and easier for everyene concamad (In Ra: Al C, Argosino, B.M, No, 712, March 19. 1997), LAWYER'S DUTY TO SOCIETY 19. May an Atty. who issued a bouncing check be subjected to disbarment or suspension? Yes. Violation of BP 22 is considered a crime involving moral turpitude. Although it does not relate to the exercise of the profession of a lanyer, however, it certainly relates to and affects the good maral character of a person. It has been stressed that the nature of the office of an attornay at law requires that she shall be a person of good moral character. This qualification is not only a condition precedent to tha practice ofFee —Ss JUDICIAL ETHICS_ eee its continued possession is also essential for remaining in the practice of law (Wilkie v. Limos, A.C, No. 7505, October 24, 2008}, 20, A disbarment case was filed against Atty. KK for contracting a second marriage while his first marriage still subsists. Will the case prosper? Yes, Rule 1.01 states that a lawyer shall nat engage in unlawful, dishonest, immoral or deceitful conduct Here, Atty, KK exhibited a deplorable lack of that degree af morality required of him as a member of the Bar by making a mockery af mariage, a sacred institulion demanding respect and dignity. Hence, he should be disbarred (Bunagan-Bansig v. Atty. Celera, AM No. 8581 January 14, 2074). 21. Atty. S won in a multimillion-damage sult against a big company in the Supreme Court. A picture of him was taken being congratulated by the CEO of the company. Atty. S caused the picture's publication in a broadsheet paper. Is the advertisement ethical? Na. Rule 3.04 of the CPR mandates that a lawyer should not pay or give something of value to represantatives of tho mass modia in anticipation of, or retum for publicity to attract legal business. He should not resort to indirect advertising such as procuring his photograph to ba published in a newspaper his talents or degrades: himsel advertising his servi possible, even faa ine arretione i Baro : sof econ tive advertisement syoung ited f rnb ake Lat ots ur tian for professional Tyst (Dirge March 20, 1944). No. Professional calli ing a 's name; (b} name of the lew firm with whieh nes 8 lapbeing Coy ant{{e) spacial branch of law practiced. Maney wag a i @.Jheroby taking advantage cf their financial distress aril amolle sgtaded the integrity of the bar and deserved no pla etegal-prates aa a AB. No. 6672, September 4, 2009). — 25. W filed a complaint a ity. RE a form diy-using outdated law when he argued that W automi e iti thereby committing a tals! the administrative case agafisba Yes, Canon 5 of the CPR requires trabeda when the law is so elementary, notio” ignorance ef the law. In this case, the lav, hy misconstmued is no less than the Constitution, the most basic law of the land, Implicit in aNaWyer's mandate Xo protect a client's interest to the best of his ability and with utmost diligence is the duty to keep abreast of the law and legal developments, and Participate in continuing legal education programs (Dawid v. Enriquez, A.C, No. 6353, February 27, 2006}. 26. The UP Law Faculty published a statement, signed by 38 of Its members, part of which charged the ponente of one case with plagiarism and concluding that the decision in sald case is a reprehensible act of dishonesty and misrepresentation by the Highest Court of the land. When the SC directed them to show cause why they should not be disciplined, the UP Law Faculty argued that their action was in keeping with strictures enjoining lawyers to participate in the development of the legal system by initiating or Supporting efforts in law reform and in the improvement of the administration of justice under Ganon 4 of the CPR. Is this proposition acceptable to the Court? No. Even if the Gourt was willing to accep! this proposition, the faculty have not fulfilled that same duty in keeping with the demands of Canons 1, 11 and 13 to give due respect to legal processes and the courts, and to avoid conduct that tends to influence the courts. Members of the Bar cannot be selective regarding which canons lo abide by given particular situations. No maiter haw firm a tawyer's conviction in the ino”. Willmaa JUDICIAL ETHICS, ieee Fighteousness of his cause there is simply no excuse for denigrating the courts and engaging in public behavior that tends te put the courts and the legal profession into disrepute (RE: Latter of the UP Law Faculty, AM. No. 10-10-4-SC, March 8, 2011). LAWYER'S DUTY TO THE LEt ION. 27. During a Senate investigation, an entry was found in ABC Gorp’s checkbook stub which was 28, Atty. P wastig the PAO off 29. 30. Hn under the control and management of Atty. JKL which reads “Cash for Sandiganbayan, tro, pote- philcomsat case - P2,000,000" in exchange for the issuance of a TRO in connection with ABC Corp's injunction case against Gorp XYZ before the Sandiganbayan. Can Atty. JKL be made liable under the CPR? Yes. Canon 7 commands every laviyer to at all times uphold the integrity and dignity of the legal profession for the strength of the legal profession lies in the dignity and integrity of its members. The act of Atty. JKL tend to undermine andlor denigrate the integrity of the courts because it contumaciously imputed corruption against the Sandiganbayon. As lawyers, it is their swom duty as lawyers and officers of the court to uphald the dignity and authority of the courts (PILCOMSAT v. Lakin, Jr, A.C. No. 11139, Apnit 19, 2016) widow of tim al the case, WhaRrA imprisoned!” gedly| fuct themselves without by the way he chose to The IBP ordered A Ahimn. He failed to do so despite the nume! in the mandatory conference required: ‘of the lawyer's oath? Yes. Every lawyer is with fié IBP because IBP is the Court designated im ete request but a lawful order, which should be mply. and Spi fa ance with the lawyer's oath (Mariano v. Echanez, ADS Does compulsory met samen giver fe is not already a member. He if that integration actually does is organized and incchesive group of compel the lawyer to associate with legrated Bar Chapter or vote or refuse to vote in its elections as he chooses. Th; to which he is subjected is the payment of annual dues. Bul the most compellin, aijing the constitutionality and validity of Bar integration is the explicit unequivocal grant of precise power to the SC by Section 5 (5) of Article X of the 1973 Constitution, which provides that the SC shall have the power to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law and the integration of the Bar (in Re: Eallion, A.M. No. 1928, August 3, 1978). No. integration does not m became a member of the & to provide an official national which every lawyer is a reads anyone. He is free to attend or not What is the effect of a lawyer's non-payment of IBP membership dues? it merits administrative penalty. Section 10 of 139-4 wams that default in the payment of annual dues for six months shall warrant suspansion of members in the Integrated Bar, and default in such payment for one year shall be a ground for remaval of the name of the delinquent member from the Roll af Attorneys However, Sec. 12 states that no action involving the suspension or disablement of a member or the removal of his name from the Rail of Altomeys shall be effective without the final approval of the Supreme Court. Hence, in accordance with these provisions, a lawyer can engage in the practice of law only by paying his dues, regardless I his practica is limited (Santos, Jr. v. Llamas, A.C, No. 4749, January 20, 2000).ae EE 32, May a lawyer claim exemption from payment of membership dues during the time that he wag inactive in the practice of law such as when he is in the government service with functions unrelated to law or when he was working abroad? Membership fee in the Bar association is an exaction for regulation. It would nat be possible to put on an integrated Bar program without means to defray the expenses. Payment of dues is a necessary consequence of membership in the BP, of which no one is exempt. This means that the compulsory nature of payment of dues subsists for as long as one’s mambership in the |BP remains regardiess of the lack of practice of, or the type of practioa, the member is engaged in (Letter OF Atty. Aravalo, Jr, BM. No 1370, May 9. 2005). 33, What is the rotation rule in the election of IBP officers? ‘The IBP shall have a President, an Executive Vice President, and § regional Governors. The Executive Vice Prasident shall be elected on a strict rotation basis by the Board of Governors from among themsalves, by the vote of at least 5 Govemors. The violation of the rotation rule in any election shall be penalized by annulment of the election and disqualification of the offender fram election or appointment to any office in the IBP. This rotational rule is one by exclusion, in the election of gowamnor of a ragion, all chapters of the region should be -giveaguttfé-Sppia jominees elected as governor, to the exclusion ofthose chapters tha i be completed)all pchapters off xt bf won in the ingmediately preceding elections, codkPente again havethe equal opportunity to vie for H@upsition of govaypior of their region. The chapter that ofl in the imac aT get nder the rotational erg just compicted, could only vie fEralte position of oven he i first governhig Wie new cycle (In the Mattor of the Bra PrGOr Meee AASEA Al WB 9-5-2 96 Apel 17,2013) egedly nat paying the 20% refarral g from’Spotses YY, Did Atty. PP R 34, Complainant CC fee he promised ‘commit any violation 6 ¥ ‘Yes. Ganon 9 of the it fevivide' a fee for legal services with persons not licel d praet pre-oxisting.agreement with a periner oriable perind af time to his underlakes to complete firm includes nontawyer vale part, on a profit-sharing Bo thug py PP administratively G a estate or to the pe unfinished legal busi employees in a retire anrangement. This ca liable (Tumbokan v. Petia 35. On behalf of his elie that the Chief Justice and hearing. He anchors thi a violation of the prohibitio Toy statements proper? rticipation in a tis, We ange any wrongdoing nor allow the erosion of the people's faith in the judicial systern, lel-afoné, Bytfioge who have been privileged by it to practice law respect dua to the courts and judicial officers and, indeed: shauld insist on similar conduct by others, In liberally imputing sinister and devious motives and questioning the impartiality, integrity, and authority of the members of the Court, Atty. PP has only succeeded in seeking to impede, obstruct and pervert the ‘dispensation of justice (Estrada v. Sandiganbayan, G.R. No, 189486-88, November 25, 2003). 36. CD charged Atty. DQ with malpractice and forgery alleging that the latter filed, on CD's behalf, a Petition for Declaration of Nullity of Marrlage without her consent by forging her signature on the petition and that Atty. DQ signed the petition as counsel for CD which she is not but that of CD's husband, Atty. DQ denied the allegations and claimed that she is in fact CD's counsel, Will the action prosper? Yes, the action will prasper. Canon 10.01 of the CPR mandates that a lawyer shall not do any falsehoad, nor consent to the doing of any in court; nor shall he mislead, or allow the Court to be misled by any artifice. In this case, when Atty. DQ filed the petition as counsel for CD when the truth was otherwise, she committed a falsehood against the trial court (Tamaray v. Daquis, A.C. No, 10868. January 26, 2016)JUDICIAL ETHICS, sien 37, Atty, BB attempted to take custody of his minor children from his wife by showing her a spurious copy of a resolution of the CA allegedly granting his motion for temporary child custody. Can & lawyer be held administratively tlable for attempting to enforce a spurious CA resolution? Yes. Rule 10.02 mandates a lawyer to not knowingly misquote ar misrepresent the contents of a paper. the language or the argument of an opposing counsel, or the text of a decision oF authoriy, ar Knowingly cite as. 8 law a provision already rendered inoperative by repeal or amendment, or assedt as a fact that Which has not been proved. Candor and faimess are demanded of every lawyer, The burden cast on the Judiciary would be intolerable if it cauld not take at face valve what is asserted by counsel. Hence, Ally BB should be mode liable (Ftovido V: Florido, A.C. No. 5624, January 20, 2004). 34, Atty. BB, through a middieman, has convinced Judge JW to allow Atty. BB to write a draft decision on behalf of the judge in an effort to help clear his docket Can Atty. BB be held liable? Yes. Ganon 13 pravides that lawyer shall rely upon the merits of his cause and refrain tram any impropriety which tends to influence, or givas the appearance of influencing the court. Marked attention and unusual hospitality on the part of a lawyer to a judge, uncalled for by the personal relatens of the parties. subject both the judge and the lay structions of motive and should be avoided. & lawyer should not communicate deserves rebuke and denuncil i wide from a judge special personal consideration favor, A seit ° : cf profagsiogal duty, without denial or di Bf, 3 the only Grfager foundation for cordial personal and ficial relations ‘or his improg = Atty. BB should be made ee Aoriarv. Bunyi, Ten Bet aval T COMES LAW Nz ftfess may testify ina 39, May a lawyer testi ‘tohait of his client? What are tha eae when G Pe As a general mule, Rule provides that a lawyar dlient, The reason B hcully posed upon lawyers bi relation to their ellen gS awitn thal as advocates. Witnesses ax they recall them. In cb atgs are parisans -- those wlio-a¢ cause of athers. itis nous ‘he faimess and impartiality of zeal of an advocate. Tha |g ond of propiely rather than of testifying in behalf of his ask of dissociating their But a lawyer may do ‘so ‘custody of an instrument dithe | water iifiere his testimony is essential to the ends of justice, with event he must, ung fis fe Strg Ibe trial of the case to another counsel (Canon 12, RU 8, CPR) Sy previously appeared as pul his relative and relied on Can the needy. Is his contention nN No, Under Rule 6.03, 2 lawyer shall fae i government service, accept engagement or employment in cannection with any matté’ in which he hed inlervened while in seid service. Algo, Rule 15.03 provides that a lawyer shall not represent conflicting interasis except by written consent of all concerned given after a full disclosure of fasts. He violated these provisions when he appeared as private counsel in a case where he previously appeared as public prosecutor. His defense is not well taken as Atty. CC cannat conveniently forget the other provisions of the CPR. Indead, the prohibition against fepresentation of conflicting interests apples although the attomiey's intentions were honest and he acted good faith (Catalan, Jr v. Silvosa, A.C, No. 7360, July 24, 2042). 41. What are the exceptions to the rule that negligence of the lawyer is binding upon a client? The exceptions are as follows: (OTIGL) 8. Where adherence thereto results in Outright deprivation of client's liberty or property or where interest of justice so requires b, Where error by counsel is purely Technical which does not substantiatly affect the client's cause; ‘San Bepa Cource oF LAW ogJUDICIAL ETHICS _sieeeeeea ©. Ignorance, incompetence or inexperience of a lawyer is s0 great and error so- serious that client, who has good cause, is prejudiced and denied a day in court; d. Gross negligence of lawyer; and @. Lack of acquaintance with technical part of procedure (AGPALO, supra 363-368). 42. When can a collaborating counsel be obtained? What is the effect if the collaborating counsel has no formal written entry of appearance? Rules 18.01 states thal a lawyer shall not undertake a legal service, which he knows er should know that he is not qualified to render. However, he may render such service if, with tha consent of his eliant, he can obtain as collaborating counsel a lawyer who is competent on the matter. The presumption in favor of the counsel's authority to appear in behalf of a client is a strong one. A lawyer Is not even required to present a written authorization from the client, In fact, the absence of a formal Notice of entry of appearance will not invalidate the acts performed by tha counsel in his client's name. ‘However, the’court, on its own initiative or on motion of the other party, may require a lawyer to adduce authorization from the client (Absolute Mé ‘MetroBank, G.R. No. 190277, July 23. 2014) r, the case was dismissed se and shall respond it is the duty of an affecting his client's ide whether to seek an appellate review ti (Tan v. Diemante, ACI ‘thal Atty s received his profession), fa j}diué date for the filing of a e al 9 d plea ae ead 5 yw his appearance and return the docur h iniistrativaly liable? Yes, Every case, whet lawya é , Skil, and competence, regardless of importagog.ui’)s 3 indudes, not merely revig s a consists of properly repre 3 re ding Scheduled hearings or conferences, preparing i adie indled cases with reasonable dispatch, and urging the! ‘i om the ir the court. In this case, Atty. SS completely abandon: y . receipt of professional fees 88 well as the latter's efforts Print inachig repeated follow-ups revoals hs tor i i sti ei blatant disregard of his duties as @ o> . Atty. XX in representation of Ms. G, deny port from Mr. P with a threat that criminal, civil, and administrative actions will t Mr. P will not accede to their demands. When there was no reply from Mr. P, Atty. XX made good his threat and filed cases against Mr. PP for alleged violations of the Retail Trade and Anti-Dummy Laws, as well as a complaint before the Bureau of Trado. Is the conduct of Atty. XX proper? Ne. Canan 19 mandates lawyers to represent their clients with zeal but within the bounds of the law. While a lawyer owes absolute fidelity to the cause of his client, full devotion to his genuine interest, and warm zeal in the maintenance and defense of his right, as well as the exercise of his utmost learning and ability, he must do so only within the bounds of the law, Needless to stats, the lawyer's fidelity to his client must not be pursued at the expense of truth and the administration of justice, and it must be done within the bounds of reason and common sense. A lawyer's responsibility to protect and advance the interests of his client does not warrant a course of action propelled by ill motives and malicious intentions against the other party (Ong v. Unto, Adm. Case No. 2417, February 6, 2002).LEGAL AND JUDICIAL ETHIC: 48, Yao, 8 majority stockholder of H Corporation, retained tho services of another stockholder, Atty. Aurelio, 2s his personal lawyer. Dye to disagreements, Atty. Aurelio filed eases against Yao and his wife. Yao alleged that the series of suits filed against him and his wife constitute an abuse ‘of the confidential information, which Atty. Aurelio obtained by virtue of his employment as ‘counsel. Atty. Aurelio, on the other hand, claimed that he filed those, which he obtained by virtue ‘of his being a stockholder of H Corporation. Did Atty. Aurelio violate the Code of Professional Responsibility? Yes. The obligation to preserve the canfidencas and secrets of a client arises at the inception of their felationship, Ganon 17 of tha CPR provides that 2 lawyer wes fidelity to the cause of his client and shall be mindful of the trust and confidence reposed on him. The long-established rule is that an altomey is not permitied to disclose communicatians made to him in his professional character by a client, unless the Istier Consents. This obligation to presefve the confidences and secrats of a client arises at the inception ‘of their ralationship. The protection given to the client is perpetual and does not cease with the termination of the:litgation, nor is it affected by the party's caasing ta employ the attornay and retaining another, or by any other change of relation between them. It even survives the death of the dlient. Here, when Alty. Aurelio used the confidential information f client, he violatod the CPR (Yao ¥. Auretia, AC No, 7203, March 30, 2006, ‘Responsibility. f SOO LeGe When the Inability The two conoepis are’ i i ‘concept, atiorney's fee is the reasonable comper : Bé-réndered to a client. based on the fact of employment it ATifemnity for damages ordered by the court to ba paid by : on tha basis of the grounds available under the taw, ravided | ‘vil Code (Traders Royal Bank a basis for determining the lawyer's professional fees in the absence ofa jofized even if the counsel, for justifiable use, was not able to finish the case oc where the circumstances of the engagement indicate that it will be contrary to the p ort to deprive the attomey of all compensation (Sanchez v. Aguilos, A.C. 10543, March 16, 2046). 50. Is the compensation of lawyers subject to the court's supervision? Yes. The compensation of lawyers for professional services rendered is subject to the supervision of the court, not only to guarantee that the fees they charge ramain reasonable and commensurate with the services they have actually rendered, but ta maintain the dignity and integrity of the legal profession as well (Baltazar v, Baiez, A.C. No. 9091, December 11, 2043) 51. Atty. JB entered into an agreement with Spouses SS that they will not pay acceptance and appearance fees to Atty. JB, and that Atty. JB shall also pay a portion of the docket feas. Under the contract, Spouses SS would pay Alty, JB 50% of whatever would be recovered of the properties subject of the case. Atty. JB also paid the cost for the annotation of the adverse claim. \s the agreement proper?eee a! No. The agreement is in the nature of a champertous contract — an agreement whereby an attorney undertakes to pay the expenses of the proceedings to enforce the client's rights in exchange for some bargain to have @ part af the thing in dispule. Such contracts are contrary to public policy and ara thus void or inexistent, While lawyers may advance the necessary expenses in a legal matter they are handing in order fo safeguard (heir client's rights. il is imperative that the advances be subject to reimbursement. The purpose is to avoid a situation in which a lawyer acquires @ personal stake in the cliant's cause (Cadavedo v Lacaya, G.R, No. 173188, Jamary 15, 2074). 52. Differentiate attorney's fee and acceptance fes. Attomey's fee is undersiond both in its ordinary and extraordinary concept, In its ordinary sense, altorney’s fee refers to the reasonable compensation paid to 2 lawyer by his client for legal services rendered, Meanwhile, in its extraordinary concept, the court awards attomey's fees to the successful litigant to be paid by the losing party as indemnity for damages. On the other hand, acceptance fee refers to the charge imposed by the lawyer for merely accepting the case. This is because onoe the lawyer -agrees to represent a client, he is precluded from handling cases of the opposing party based on the prohibition on conflict of interest. Thus, this tunity cost by merely accepting the case of the client, which is therefore inder fee. Since the acceptance fee only soeks to compensate tha lawye| id by the nature and extent of the legal service! sd (Yirw. < = i er May be exercised before execution of regardless thereat When passession fawfully ends, as when the lawyer voluntarily parts with the funds, documents and papers, but NOT when the documents have been improperly or illegally taken from lawyer's custody. (PINEDA, supra at JEG) 54. The Law firm X, ¥, and Associates represented Ms, M in a labor case filed against her former employer DD Corporation. During the pendency of her appeal with the SC, she entered into a compromise agreement with DD Corp. She then unceremoniously and without any justifiable reason terminated the firm's legal service and required it to withdraw from the case. Are the ‘counsels still entitled to attorney's fees despite their non-participation and non-conformity with the compromise agreement? When the client loses the action as the lien may ‘only be enforced against a judgment awarded in favor of the client, the proceeds thereof or ‘executions thereon.Paez —s«SUDICIAL ETHICS_ eee ‘Yes. A lawyer's compensation for his legal services is not affected by the compromise agreement entered into by his client without his participation and conformity. Payment of its adequate and reasonable compensation could net be annulled by the settlement of the litigation without its participation and conformity. The duty of the Court is not only to ensure that the allomey acts in a proper and lawful manner, but also to see to it that the attomey is paid his just fees. Even if the compensation of the atlomey is depensent only on winning the litigaton, the subsequent withdrawal of the case upon the client's initiative would not deprive the attorney of the legitimate compensation for professional services rendered (Malvar v. KFPI, G.R. No. 183952. September 9, 2013) SUSPENSION, DISBARMENT AND DI INE OF LA\ ;. Could a disbarment or suspension proceeding take place despite acquittal from a criminal action involving moral turpitude? ‘Yes. A disbarment proceeding. being administrative in nature, is separate and distinct from a criminal action filed against a lawyer and they may proceed independently of each other (Cobalt Resources Inc. v. Aguado, A.C. No. 10781, April 12, 2016). ~ seg P ernie Oi However, the final Ordet-of wn’SC"S unauthorized publicallgn’ or wan, Jr. for allegedly engaging ofved, including petitioner, public interest, legitimate . Atty. X, while the < client Mrs, P and pledged borrowed from the client which RISE propo No, The nule is that in disciplinary SNAWwyers. the only issue is whether the officer of the ‘court is stil fit to be allowed to contin Othe Bar. The Court is not concemed with the erring lawyer's. civil liability for money received from his client in a transaction separate, distinct. and not intrinsically linked to his professional engagement. Accordingly, it cannct order Atty. X to make the Payment for the jewelry she pawned, the value of which is yet to be determined in the appropriate broceading (Yu v. Dela Cruz, A.C. No. 10912. January 19. 2016). 58, Does the withdrawal of an administrative charge against a lawyer warrant the dismissal of the case? No. Suspension or disbarment proceedings thal are warranted will still proceed regardless of the lack or ‘oss of interest on the part of the complainant. Disciplinary proceedings against attorneys are unlike civil suits where the complainants are the plaintiffs and the respondent attorneys are the defendants. They either involve private interests nor afford redress for private grievances (Pesto v. Milo, AC. No. 9612; March 13, 2013).ee ee 59. Is the filing of disbarment cases limited only to real parties in interest? The procedural requirement ouserved in ordinary civil proceedings that only the real party in-interest must initiats the suit does not apply in disbarment cases. In fact, the person who. called the attention of the court 10 a lawyer's misconduct “is in no sense a party, and generally has na interest in the outcome (Figueras v. Victoria, J A.C. No, March 12, 2014). GD. P Corp. sought the help of Atty. LS, then vice-mayor, for allegedly being harassed by town officials when it tried to renew its mining pormit. Instead of helping, Atty. LS joined the blockade, To continue its operations, P Corp opened a naw quarry site, to which Atty. LS Issued a cease and desist order. Feeling aggrieved, P Carp filed a complaint tor disbarment against Atty. LS for gross, malicious, and oppressive violation of their duties under the CPR. May a government officer, in his capacity as such, be disciplined as a member of the Bar? Yes. Misconduct in the discharge of official duties, 5 government official, generally is not disciplinabie unless the misconduct of the gavernment official is of such a character as. 10 affect his qualification as a lawyer or to show moral delinquency. However, in this case, the orders issued by Ally. LS is in the regular performance of his official dutios as vice. emt Inelustriat Gerporation v. Surigaa, A.C: No. ‘also been admitted as an atto ilippine Bar e | ymimitted in the jurisdiction? Sra age ce Re A carariie Mhog simian udgiont of A Bee OE Ay cae cme in this jurisdiction {in ro: Suspension from the Practigg.ofLaw in the Tertory of aquerdy. : & _ as a member of th Yes. Judgment “of \n for Extraor the Court consider in fesolving The guidelines for judiclakiclamer certifications oF te prominent memes in an administrative-cage for th c non-reformation, (Gy) b. Sufficient ime must cc. The age of the person that can be put fo goo d. There must be a shor : leaming or legal acumen or contribution to lagal s €gal'system or administrative and other relevant skills), as well as pol There must be other relevant fac Moreaver, like any other candidate person of good moral character (Mai Sure 2 period of refarn, Productive years ahead of him may justify clemency. we bar, ha must satisly the Court that eis a bo, AC. No. 6148, Janvary 22, 2013). =e 63. Five years after Atty. BD became a lawyer, he moved to the United States. He was soon naturalized a5 an American citizen, Ten yoars later, he decided to come back to the Philippines and practice law again. What steps does Atty. BD need to take to be able to practice law in the Philippines again? Loss of Filipino cifizenship ipso jure terminates the privilage to practice law in the Philippines. The ‘exception is when Filipina citizenship Is lost by reason of naturalization as a citlzen of another country but subsequently reacguired pursuant to RA 9225, Therefore, a Filipina lawyer who becomes a citizen of another country is deemed never ta have lost his Philippine citizenship if he raacquires it in accordance with RA 9225. But before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can resume his law practice, he must first secure from this Caurt the authority to 60 $0, conditioned on: the updating cand payment in full of the annual membership dues in the IBP; payment of professional tax; completion of at least 36 credit hours of mandatory continuing legal education; and the retaking of the lawyer's oath, Sax Beoa Cousor or Law 14 5019 Cenraauren Bax OrenartousJUDICIAL ETHICS :eeeee Compliance with these conditions will restore his good standing as a mamber of the Philippine bar (Petition for Leave to Resume Practice of Law, Benjamin M, Dacanay, B.M. No, 1678 December 17, 2007) MANDATORY CONTINUING LEGAL EDUCATION 64. O: A complaint was filed against Atty. DJ stating that although he is.a member of the Bar, he had been remiss in complying with the MCLE for four years. Atty. DJ, countered that as an incumbent dean of San Beadle Law School who has boen teaching Remedial law subjects for twenty years, he is exempt from the said requirements. Will the complaint prosper? No, Atty. DJis exempt from complying with the MCLE. The following members of the Bar are exempt from the MCLE: A. Officials of the three branches of government: . The President and tha Vice President of the Philippines, and the Secretaries and Undersecretaries of Executive Departments; Senators and Members of the Har tives; The Chief Justice and Incil and incumbent court lawyers judicial adycasien: Officials of the brang 4, The Chai ae Ee netarization since his Netarial Commission has already expired. However, the parties insisted that itshould be notarized on the date it was executed to avoid penalties by the BIR for late payment of Capital gains tax. Is Atty. S administratively liable? Yes, Where the natarization of a dacument is done by a member of the Bar at a time when he has no authorization or commission to do sq, the offender may be subjected to disciplinary action. For one, performing a notarial act without such commission is a violation of the lawyer's oath to obey the laws, more specifically, the Notarial Law. It is not a defense that there was-voluntary disclosure to the parties of the fact that the notarial commission has expired. The act of notarizing without the necessary commission is not merely a simple enterprise to be trivialized (Gacuya v. Solbita, A.C. No. 8840, March 8, 2016).66. X filed a petition for disbarment against Atty. J for violation of the Notarial Rules for netarizing a document in which X was a party, at a time when X was nat present. What if X is not present but only that she was not personally known to Atty. J and had no identification available, should administrative liability still attach to Atty. J? Yes, The Notarial Rules prohibits the performance of a notarial act if the person involved as signatory to the instrument or document is not in the notany’s presence personally at tha time af the notarization, or is not personally known ta the notary public ar othenwise identified through competent evidence of identity, such as one current identification document issued by an official agency bearing the individual's photograph and sighatura, or the oath of 1 credible witness not privy to the transaction whe is personally known to the notary public and who personally knows the individual, or of 2 cracible witnesses not privy to the transaction who personally knows the individual. Hence, even if X was indeed present at the tima of the notarization, Atty. J remained unjustified in not requiring her to show competent proof of her identification, which is required since she does not personally know the complainant (Malvar v. Baleras, ALC. Mo. 11946; March 8, 2017) 67. Itrequired at al tines that the notary public gst for evidence of identity? No. Under Section 6, Rule II oft tg ice, a jurat rhust, among others be brought to the notary public by BugBaes i the notary public or identified by the notary pobjig}tyrough compe S@naecibthe:person is personally known to the notary publics , 68. Cana lawyer b Yes. The SC ha jurisdiction or writ months to 2 years perpetuity (Gacuya oUtside their lerritoral PENS eras ke of law for a period of & ary plublifTar a period of 2 years to 69. What are the six canon! + Canon 4 Indepehd Canon 2 - Integrity eg@aeNs Q 8 3 § > iu g 70. Distinguish between the dW ‘of inde First concept is individualjudi¢ial denc Particular judge and seeks to insure his or her ability to decigadshas pth tS of the law. judge has this kind of independance when he s/t a or at least without having to take it seriously if he does hear criticis Dfitness for judicial office. The second concept is institutional judicial i the independence of the judiciary as a ihe Matter of the Allegations Contained in the @ 2008). 71. Judge X attended a Sanggunian Session with the purpose of determining whether to revake a cockpit license of Y, his nephew in law. During the session, the Judge X uttered remarks that are patently defamatory and vulgar. Based on the investigation, Judge X's remarks were aimed at preventing the Sanggunian from revoking the cockpit license af Y. In defense, Judge X argued that he was there not as a judge but In his private capacity as a taxpayer and claimed that his actions were appropriate since the proposed revocation of his nephew-in-law's cockpit license was illegal in his estimation. Did Judge X acted accordingly? NO. The New Cade of Judicial Conduct (NCJC) requires that a judge shall neither allow family Felationships to influence judicial conduct or judgment. nor allow the prestige of judicial office to be used or lent to advance the private interests of others. The improper acts of Judge during the Sanggunian ‘Session were apparent because the interests of his nephew-in-law were under attack. The judicial identity of Judge X is not terminated at the end of the day when he takes off his judicial robes. Even when garbedin casual wear outside of the halls of justice, he ratzins the air of authority and moral ascendancy that he or she wields inside the sala (Decena vs. Malanyaan, A.M. RTJ-02-1669, Apal 14, 2004), 72, An ammunition seized by the PNP as a result of a buy-bust operation was found In the possession of B, an associate of Judge A. Judge A is now being charged with grave misconduct for failure to turn over the seized ammunition. However, he explained that he Intended to transfer the custody of the firearm to the PNP Provincial Office as he put it in the trunk of his car and ordered B to return the same, but the officials seized It from B in his house. Is Judge A administratively lable? YES. The NCIC provides that judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer, The behaviar and conduct of judges rust reaffirm the people's faith in the integrity of the judiciary. in the same vein, Judges shall avoid impropriety and the appearance of impropriety in all of their activities. Judge Asuncion had the ministerial duty to turn over the firearm to the proper office. He was merely required to direct the clerk of court to deliver the firearm to the Custody of the PNP Provincial Office, ar simply to require @ representative of the PNP Provincial Office to collect the firearm from the clerk of court. (Rosqueta V. Asuncion; A.M. No. MTJ-13- 41823; March 19, 2014). 73, The Officewf the Court Adi with the directing hifn-tayfile a report ding the said anomaly. OCA that he wes too buoy eng ord saree ete let ceca failure to follow theghfectiterd the ICAP * di ly Involving court emplayeas dge dela Cruz YES. Disobeying erIgnéring directives consitule ir ordination, an om {constituted simple uti @ to take or initiate jonal conduct of which the judge may have time prior to his retire Hence, Judge dela Tike Regional Tried! chlo carry cut his investigation. sUinslodinason ( h) Re: RepareOr 45. Ur,Danete City, Pangasinan, - LRT: Jonuary 12, 207 1). i fCtd render a report thereon. ¢-duticial Audit Conducted In gr On The Incident Al Branch a andlor writ of prefintinary foto secure a TRO against ition to Lift and/or Dissolve égrisideration, along with an g required by the CA to petition of ANAK without, omplaint alleging that the CA ‘unjust judgment. Did the CA 14. A petition filed by. @lided an applica’ mandatory Injunction ws by the RTC. However, ‘AMA in a petition fo! GA. AMA thus filed ‘TRO. Subsequently, @ Compliance and (Motign for Urgent Motion to R after, Justices knowingly rendere NO. The CPR provides that ‘ must be clearly shown before he‘is Feaea, cannot be inferred simply because the 40d respondent judge has regularly perton GF Ams Land, inc. Against Court Of E. Villon And Hon. Ricardo R. Rosario; OCA IPI No, 12-204-CA-J; March 11, 2014). ive of arbitrariness or peajudica In the same vein, bad faith or matic 80 to 8 party. The presumption that the prevail. (Re: Verified Complain! For Disbarment 75, Justice ©, in conducting hearings, often asked lawyers from which law schools they had graduated, and frequently inquired whother the law school where Justice P had graduated was better than his own alma mater. Justice O admitted having asked lawyers appearing before him said question, but explained that it was good-natured and meant only to ease the tension. Did the act of Justice O constitutes improper conduct? YES. Asking 8 lawyer from which law school he graduated fom and engaging in casual conversation abaut it is unbecoming conduct. Canan 4 of the NCJC demands that judges avoid situations that may reasonably give rise to the suspicion or appearance of favoritism or partiality in their personal relations with individual members of the legal profession who practice regularly in their counts, Publicizing professional qualifications or boasting of having studied in and graduated from certain aw schools, no matter how prestigious, might have even rovealad, on the part of Justice © his bias for or against some lawyers (Jamansi-Rodnigues v. Ong, A.M. No. 08-19-SB-J, August 24, 2070). San Bena Courcr or Law Wray ce Mecca! aeLEGAL AND JUDICIAL 76. Ais the private complainant in the criminal case wherein Judge B allegedly adjourned the session for lack of material time, and persistently reset the subsequent hearings for the same reason. According to him, Judge B's indifference was designed to force him to accept the offer of an amicable settlement made by the accused. Judge B refuted the charge, claiming that the postponements were upon valid grounds ie,, absence of public prosecutor and docket Inventory. Is Judge B administratively Hable? YES. Delay in the disposition of cases is tantamount to inefficiency and Incompetence in the performance: of his official duties. The NCJC mandates judges to administer justice impartially and without delay, and that judges be prompt in disposing all matters submutted to him for the reason that justice delayed is justice denied (Sevilla v, Lindo, AM, No. MTu-08-1744, February 9, 207%). 77. A motion for immediate execution was filed by Atom. However, it was denied by Judge Rihanna on the ground that the adverse party has seasonably filed a notice of appeal. Subsequently, Atom filed a complaint against Judge Rihanna that the adverse party's appoal was not perfected for failure to file a supersedeas bond, Judge replied that she had honestly thought that the court had lost jurisdiction over the case when si se to the appeal. She claimed that she had issued the orders in good fai lof execution upon mation of the plaints in 2 ndant has appealed but has not filed a suffi fae ishonestis OF COrTuRt motive, the ots of A hai EI capa oe action exenheuoh such acts are e tablish ie ar, ito act, or that fraud, ANB -MTI-06-1580; October foes Act and committing ie was charged before it, Judge Juan thereafter May the Supreme Gout sanctions against judge Yes. Tha Supreme Court pt until 2 final decision jad and a strong likelihood of uit existe, Tis power & sae seperison ove ll cous ard their personnel as a al is likewise @ preventive In the present case, Judge Juan wasahag flied Serious crimes under Section 8, Rule 140 of the Rules of Court. Thus, Judge Juan suspended by the SC. (OCA vs. Judge Ruiz, AM, No. RTJ-13-2361, February 2. 2016, 78. May the SC reinstate a judge who was ordered dismissed from the service “with prejudice to his appointment to any publie office” ‘Yes. The penalty of cisqualiication from appointment to any public office should be lifled so that the ‘opportunity for public service in other fields may be opened ta him. His raturn to the judiciary may not bS feasible at this time considering the recency of our decision, but certainly in the vast field of public service there should be room for the gainful ampioyment of his talents, Indeed in the past this Court shawed ‘compassion in imposing penalties. taking into account the peculiar circumstances of the ease, In the case of In Re: Petition for the Dismissal rom Servica andior Disbarment of Judge Ballazar R. Dizon, it modified a judgment of dismissal and ordered the reinstatement of a judge (Castilo v. Calanog, AM. No. RTJ-90- 447, December 16, 1994)ee eo | ‘80, Atty. C filed @ complaint for the disbarment alleging that Justice F appeared as counsel for instituted heirs in an intestate estate proceedings, and despite having already accepted his appointment as an Associate Justice of the Supreme Gourt, continues to be counsel for the instituted heirs. Will the complaint for disbarment prosper? No. Mambers of the Supreme Court may be removed fiom office only by impeachment. To grant a complaint for disbarment of a Member of the Cour during the Member's incumbency, would in effect be to circumvent and hence to run afoul of the constitutional mandate that Members of the Court may be removed from office only by Impeachment for and conviction of certain offenses listed in Article X! (2) of the Constitution (Cuenco v. Ferran, A.M, No. 3135, February 47, 1988), ‘81. Can the IBP exercise jurisdiction over complaint against erring judges and justices? Yes. In such case, the IBP is required to forward ta the Court for appropriate disposition, all complaints for disbarment and discipline filed with the IEP against ab justices and judges, siting or retired, for acts andior omissions committed during their tenure in the judiciary (Intemational Miltia of People against Gorruption and Terrorism, A.G. No. 7197. January 23, 2007). The followingfaraiihe grounds: 1, The judge anal knowleds i i 2. The judge serv apa ‘executor, at ye is Ee fruste controversy. Or 8 bid ok-vee toe Gobtee bs, judge or lawyorais-4 material witness therein 3. The judge's ruliggy| the subi 4, the judge is rela t within the fourth? “a heir, legates, creditor, s0bida matter in controversy OF th a ally3o the proceeding, or any col a¥evted by the outcome of laipraceeding (Code of Judiciat other interest the Conduct, RULE 27 83, Dr. Sisa is the siste-afGutlge GAspin. The two siblings agregd tq BHBre’ equally on Lot 1234 and that the Jucige Crispin’sishare op the said lot, However, Dra. Sisa elals that without har consent, Judge Crispin fenced-het prope! gents-therein. Subsequently, she filed 2 complaint against Crispin denies the &ll administratively liable? tly’ enriched himself. Judge {5 or otherwise. A judge should exclusive property whether : od ( independence and respect always conduct himself in”2 st X before the sala of his brother, Judge ¥. The following day, Judge ¥ issued a Warrant for the arrest of X. Subsequently, X filed a Motion for Disqualification against Judge ¥ on the ground that Judge ¥ is related to her and the ‘complainant 0, within the 6” degree of consanguinity. is the issuance of the warrant of arrest proper? A: NO. The issuance of the warrant of arrest amounted to gross misconduct. Section 1, Rule 137 ef the Rules of Court provides that no judge shall sit in any case in which he is related to-either party within the sixth degree of consanguinity or affinity, Likewise, Section §, Canon 3 of the New Code of Judicial ‘Conduct reprises thal grounds wherein the judge shall disqualify himself from participating in proceedings ‘which they are unable to decide the matter impartially, The issuance of the warrant of arrest against his ‘own sister was an outright violation of the stringent rules on compulsory disqualification (Dr. Corazon D. Paderanga Et Al V, Hon, Rustico D. Paderange, AM. Nos. RTJ-14-2383 & RTJ-07-2033, August 17, 20135),$= A SO 85. When a litigant lawyer filed a motion for the judge's inhibition In an election case, the latter, of acting thereon hired his own lawyer, filed his answer to the motion and forthwith denied the same, ordering, at the same time, the lawyer to pay P100,000.00 by way of attorney's fees and jation expenses. Rule on the judge's conduct. The judge is guilty of gross ignorance of the law. A judge is directed to act on the motion for inhibition in accordance with the procedure prescribed in Section 2, Rule 137, of the Rules of Court, Clearly, the Court merely requires a Judge to act on the mation for inhibition in accordance with the Rules, i.¢., "to either proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of his disqualification.” Certainly, he was not directed by the Court either to grant or deny the motion’ (Atty. Macailintal vs. Judge Teh, AM. No, RTJ-97-1378, October 16, 1997) 86. A trial judge hearing the accused's case previously acted as counsel de oficio during the accused's arraignment. Is he disqualified from hearing and deciding the case? No, The degree judge's degree of participation in the discharge of such past functions must be taken into consideration before legal disqualification on said ground may be justified. In one case, the Supreme Court ruled that there is no basis for th ulsorily inhibit himself, noting that the judge's participation was limited to apy nces of his plea (Amarillo, Jr, v. People, G.R,.No, 153650, Augi SS A ‘Of necessity. A judge decide the case. The bre ee is better a qoxfiidgé at all. Under such judge: to de. controversy, however . What are exceptions fo. u i of their'familiés cannot accept gifts, award or benefit?. | Ss i 4 Judges may accept ft ybe_perceived as intended to infiuence them: (NST) Qe a. Giftof Nominal va b. Scholarship or fello a s, Travel grants or e a) ivlouts Philipines af more than nominal value if such accaptaice Is oti eet with, gst af the Philippines, and permitted which is limited to the spous fisoe's sonicas oe fonkay i 3 90. How Is discipline of judges of regular and special courts and justices of the CA, Sanaiganbayan, and CTA instituted? Discipline of judgesijustices may be instituted 1. Motu propio by the Supreme Court: 2. Upon verified complaint with affidavits of persons having personal knowledge of the facts alleged or ‘substantiating documents, or 3. Upon an anonymous complaint with public record of indubitable integrity. The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for Judges by law, the Rules of Court, or the Code of Judicial Conduct (ROC, RULE 140, Sec. 7)91. Atty. B questioned a resolution issued by Judge A before the COMELEC. While the case was pending at the COMELEC, Judge A actively participated in the proceedings. Atty. B forthwith filed a motion to prevent respondent Judge A from further acting on the case. However, Atty. informed the Court that his letter was not intended as an administrative complaint. Can the court consider the letter as an administrative complaint? ‘YES. Although as a general rule, Rule 140 of the ROC requires that complaints against Judges should be sworn, the same may be dispensed with when a letter, upon the recommendation of the Office of the ‘Court Administrator, has been treated as an administrative complaint because of the patent abuse of judicial processes. Under the doctrine of res ipsa Joquitur, the Court may impose its authority upon erring whose actuations, on their face, would show gross incompetence, ignorance of the law or misconduct (Atty. Macalintal vs. Judge Teh, AM, No, RTJ-97-1375, Gctober 16, 1997) 82, Confidential employees assigned in the Office of Associate Justice E filed two unverified letter- complaints against Justice E. Justice E assailed these complaints, as well as the complainants" ‘Omnibus Reply and Manifestation, for being conveniently not under oath, concluding their allegations to be insincere and untruthful. However, the complainants assert that the Court may treat their complaints as ano: inants corract? NO, An unyerified complaint yous complaint if the material allegations aryadmitted by res; ic records of indubitable integrity, ie., records mplainants not only fall never submitietH f affidavits nap if the allagatio 2 in their letter complaints. Fu p, Justice E ran are ihe jerments and material allegations of conmpldjAdnts Sse Fombutte integrity nor Supported or substantiated by alent evidence submitted ms compl ee ( Btter-Compiaint of Atty. Ariel Samson C. Ca . et Sr ae! PBilbinias against, A.M. OCA LPL. No, 08-127-CA 93. Who has the burdert “Explain. In administrative prob )aljegations in his complaint jiable mind might accept as adequate to justify ab according finality to the trial judge's asses atch was reached arbitrarily or when the trial court ove ‘Greumsiances of weight and substance which would: esa Hudikatura (Samabahu) mming from the criminal eth was accused of violating s AC oan Wersation of public funds when he “The Sandiganbayan feungide ly beyond reasonable ige_Juan thereaftér fsa" with the SC a petition for review on certiorari assailing his convictions. | it-J0age Juan posited that the administrative ‘complaint against him was premature paee @ the, Sandiganbayan convictions ware not yet final, charges filed against the [ab the Anti-Graft and Corrupt.Pra was still the Mayor of Davao: a.) May a judge be disciplined for acts committed pridt te his appointment to the judiciary? YES. Section 1, Rula 139-8 of the Rules of Court provides thal charges filed against justices and judges before the IBP, including those filed prior to their appointment in the judiclary, shall immediately ba forwarded to the Supreme Court for disposition and adjudication. It is immaterial that Judge Juan was not yet a member of the judiciary when he aliegedly committed the acts imputed to him because the rule recognizes such situations. Hence, Judge Juan may be disciplined for acted committed prior to his ‘appointment to the judiciary (Office of the Court Administrator vs. Judge Joseph Ruiz; AM, No. RTJ-13- 2361; February 2, 2016) 6.) Is the administrative complaint premature because the criminal convictions by the Sandiganbayan are not yet final? NO. Disciplinary proceedings may be had even if there is yet a final resolution of the criminal charge. Section 1, Rule 140 of the Rules of Court provides that disciplinary proceedings against sitting judges and justices may be instituted: (a) motu proprio, by the Court itself: (b) upon vetified complaint, supported by(Mf Mr &8£@OICIAL EI the affidavits of persons with personal knowledge of the facts alleged, or by documents substantiating the allegations: or (Cc) upon anonymous complaint supparted by public records of indubitable integrity. It was pursuant to this power that the Court - on its own initiative - ordered the ra-docketing of the OCA's report as a formal complaint against the respondent and as a regular administrative matter for the Courts consideration. Hence, the administrative proceedings may ba maintained even before the judgment in the ‘criminal charges becomes final (Office of the Court Administrator vs. Judge Joseph Ruiz; A.M. No. RTJ- 13-2361; February 2, 2016) |. In a judicial audit and physical inventory conducted by the OCA on the court of Judge XXX, the ‘OCA discovered a number of pending cases and matters left unresolved by Judge XXX within the raglementary period. in his “Post Retirement Explanation,” he explained that his medical conditions prevented him from fulfilling his duty. Is Judge XXX's liability excused by his alleged poor health condition? NO Poor health condition of a Judge is not an excuse for him to delay in deciding cases within the regiementary period. The Court usually considers tha poor health condition of a judge as a mitigating ‘arcumstance in determining the imposabl: nalty. The Court, cagnizant of the heavy case load of some of our judges and 1 in the disposition of their cases. is almost always jowever, in this case. Judge Xxx knew from ith dines but paver bothered to Inform the C6 yon ya Hon. Antonio € 7 old on weekends. The Assistant Clerk of. divi pan itt p with ABC, a woman who was not his wife) q " n . A ative Cases in the Civil ‘Service (RRACCS), a e engaged in an iticit relationship. Their . 3 mh hi vith the heavy burden of responsibility, chara¢ . rf 0,8 fo eam and keep the public's respect and coniida e whiff of impropnety, not only with respect ta thelr i to they Quiside the court as private individuals, There is 63. ity, © © d by their private morals. (Committee on Ethics & 4 ey Bi A B. Naig, Utility Worker If, Maintenance and Utility 2-P: July 29, 2015). . What are the sanction The following are the t stmbers of the bench charged with administrative liabilities: \ disquatfication from reirstaiend pUCliC bifice, including government-owned or contralied corporations. a re of benefits shall in no case include accrued leave credits, = b. Suspension from office without a Veet for mere than 3 but not exceeding 5 months: or ‘ ¢. Afine of more than P20,000.00 but not exceeding 40,000.00. 2.1 the respondent is guilly of less serious charge. the following sanctions may be imposed: ‘a. Suspension from office without salary and other benefits for not less than 1 nor more than 3 months; or b. A fine of more than P'10,900.00 but not exceeding P20,000.00, 3.lf the respondent is guilty of light charge, the following sanctions may be imposed 2, /Afine of not less than P1,000.00 but not exceeding P10,000.00; andlor b. Censure, c. Reprimand; 4. Admonition with warning (AM. No. 01-8-10-SC or the Proposed Amendment to Rule 140 of the ROC)ae = —Ss« JUDICIAL ETHICS_,iieeea LEGAL FORMS PRACTICAL EXERCISES A. Notice of hearing NOTICE OF HEARING ATTY. JUAN DELA CRUZ Counsel for Plaintiff GREETINGS: _Pleasdi] ste. . at 9:00 o'clock in the momInigs SAN BEDA COLLEGE OF LAW } ATTY. JUANITA CRUZee B. Quitciaim in Labor cases. Republic of the Philippines Ns City of Manila WAIVER, RELEASE AND QUITCLAIM |, Juan dela Cruz, Filipino, of legal age, single, and a resident of #46 Sampalos, Manila, Philippines, after being swom to in accordance with law, depose and stata: 1. That by these presents, I hereby state that | have voluntarily resigned as manager of ‘Children's clinic; er the sum. 2 one hundred id other benefits Thave rendered deciana na Ad Pa RER A notcoever agalis Aion anveelatetnSraloacs soo ‘way be construed as 6d by me and will, if claims or cause of “Pause of action against and operation of the Philippines {sgd.) Juan deta Cruz Affiant¢. Contract of sale CONTRACT OF SALE OF PERSONAL PROPERTY | KNOWN ALL MEN BY THESE PRESENTS: 1, Juan dela Gruz, of legal age, married, Filipino, and with residence and postal address at 43 Teyuman St,, Tondo, Manila for and in consideration of rat arr raved hovesrd PESOS (P400,000), receipt of which is hereby acknowledged, have TRANSFERRED AND CONVEYED by way of absolute sale unto Maria Malling that cartain motor vehicle described as of which |. am the absolute owner, free fram all liens and encumbrances. or SAN SES: COLLEGES LAW Gi.) Pedro Santos PWitnessPAE wou. crncs lel D. Contract of lease REPUBLIC OF THE PHILIPPINES) CITY OF MANILA 48S. CONTRACT OF LEASE KNOW ALL MEN BY THESE PRESENTS: This CONTRACT OF LEASE is made and executed at the City of Manila, this 25th day of May, 2017, by and between Juan dela Cruz, of legal and postal addrass at 15 Maria Makflag Tr Tayuman St., Tanda WHEREAS. tea is willing to lease the'sa : rey Z the LESSOR leases unto the LESSEE oh 3 QBthe LEASED premises, ‘Subject to the fallow ri 3: SOR 2, 1 That the term ¢ e 3 H 6 years mance on June 1, 2017 and to expire on June 1 SO 2. That the monthly 1 PESOS (P14,000), to be pa 3, That the major and minor repairs stjalrbe tor the 8CGSunt for the LESSOR; 4. That the LESSEE shall have the right of first reftisal should the LESSOR decide to sell the property during the term of the lease: IN WITNESS WHEREOF. the parties have hereunto affixed their signatures this 25th day of May, 2017 at the City of Manila, Philippines. (890.) Juan dala Cruz (89d.} Maria Makiling Lessor Lesseeca £. Promissory note May 25, 2017 Ps00,000 3 months after date, | promise to pay to the order of Maria Mailing the sum of five hundred thousand PESOS, with interest at three (3) percent per annum until fully paid. The maker and indorsers severally waive presentment for payment, protast, and notice of non-payment of this note. ‘SAN BEDA COULEGE OF LAW ini Da a ee er os 2F. Affidavit of loss, Republic ofthe Philippines) Cainta, Rizal }ss. AFFIDAVIT OF LOSS |, duan dela Cruz. Filipina, of legal age. single, and a resident of 012 Parala St., Brgy. San Andres, Cainta, Rizal, under aati do hereby depose and state, that: 1. [am a holder of an Scheol Identification Card (School LD.) duly issued by the San Beda College: 2. it's happened, however, iesplaced and fs newhere to be found; Igectara under n mate in good faith verified By) mo and eandiotte A? aioe eftoris wore exter uray 9 pe sare but to go kia soul ti aOR ERS iP: purposes not contrary unto se 1) iil ir FWubiGe OF LawG. Verification and certificate of nan-forum shopping. VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING I the undersigned, of fegal aga, under oath do hereby depose and slate that: 1. Lamhe complainant in the abave-entitled ease; 2, Ihave caused the preparation of the foregoing complaint; Uhave read the con rein are true and correct of my a ugpedse or os eS EERE CE OR LA 0 ‘Sax Bepa Couzce or baw BAIT Cowresuizen Bas OrrJUDICIAL ETHICS_ peace H. Affidavit of change of name. Republic of the Philippines ) Cainta, Rizal 188. AFFIDAVIT OF CHANGE OF NAME |, Ping Guerrero, of legal age and msident of SB Sampaguita St. Farmville Subd., Novaliches, Quazan City do hereby depose and dectare that: 1. That [ have been a bona fide resident of the City of Quezon since the year 2010, or for at least three (3) years prior to the fling of this affidavit; Pedio Guerrero while my 2. That F was bom on the name given was Ping ee SAN BEDA “COLEEGE OF LAW 5, That | desieedp laughter among his 8 This affidavit pumposes of changit public policy, IN WITNESS Quezon City