LEGAL AND JUDICIAL ETHICS RHEV XANDRA ACUNA Subject Chair GERARD ANGELO T, DE JESUS Assistant Subject Chair ” DENNISSE IAN I. BONSATO, Subject Blectronic Data Processing “SUBJECT. HEADS Legal Ethics JARED RUIZ. A. LIBIRAN « Jhidicial Ethics ANNE CHRISTELLE A, SANTIAGO Legal Forms GERARD ANGELO T. DE JESUS SUBJECT: MEMBERS. CHARMAINE KEY C. AUREA KKRISTOFFER MONICO S$. NG MONIQUE G: BUGNOSEN JUNNA LYNNE R. PANTINO. ‘Atty. JOSEPH FERDINAND M. DE CHAVEZ > Atty. LYAN DAVID M. JUANICOsrs ‘The MEMORY AID (MemAid)is a compendium — a synthesis of different law materials available to the public, emphasizing pertinent details that its readers need to be familiar with, Being thorough and extensive, the MemAid aims.to help barristers in their preparations for the bar, maximizing their time by doing away with the need of reading a lot-of different review materials. Thus, the MernAid is the barristers’ much needed companion. This yeai, the San Beda Centralized Bar Operations (CBO) coritinues to uphold its legacy of service and excellence in helpirig the barristers hurdle the bar. It ig then the fervent hope of the CBO thal-the MemAid will contribute. to the success of all barristers as they hurdle the last leg of their journey towards becoming the lawyers they aspire to be. It may be arduous but as Paulo Coelho puts it: "When you want something, all the universe conspire for you to achieve it.” ‘So, go‘against all odds! Per aspera ad astra! UT IN OMNIBUS GLORIFICETUR DEUS! That in ail things, God may be glorified! SAN.BEDA LAW CENTRALIZED BAR OPERATIONS THIS 1S. THE INTELLECTUAL PROPERTY OF THE - «., SAN BEDA UNIVERSITY COLLEGE OF LAW CENTRALIZED BAR OPERATIONS. THE UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF ANY OF THE CONTENTS OF THIS BOOK IS STRICTLY PROHIBITED.TABLE OF CONTENTS “SAN BEDA LAW CENTRALIZED RAR OPERATIONS ~ HEMORY AD 2019 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS. LEGAL AND JUDICIAL ETHICS COMMITTEE PREFACE ....... TABLE OF CONTENTS . SSNS eS PRELIMINARIES .. 1 PRACTICE OF LAW eee 2 DUTIES AND RESPONSIBILITIES. OF A LAWYER UNDER THE CODE OF PROFESSIONAL - 10 RESPONSIBILITY (CPR), CHAPTER 1: THE LAWYER AND SOCIETY...... 2 ‘CANON 1; ALAWYER SHALL UPHOLD.THE CONSTITUTION, OBEY THELAWS OF THELAND, 12 AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. CANON 2: ALAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN ANEFFICIENT AND 16 CONVENIENT. MANNER COMPATIBLE. WITH: THE" INDEPENDENCE, INTEGRITY, AND EFFECTIVENESS. OF THE PROFESSION CANON 3: A LAWYER IN-MAKING KNOWN HIS LEGAL SERVICES SHALL USE-ONLY TRUE, 17 HONEST, FAIR, DIGNIFIED CANON 4: A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THELEGAL SYSTEM ° 20 BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF ‘THE ADMINISTRATION OF JUSTICE, CANON'S:A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATEIN 20 CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH, STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF. LAW STUDENTS AND ASSIST IN DISSEMINATING INFORMATION REGARDING THE LAW AND JURISPRUDENCE, CANON 6: THE: CANONS UNDER THE. CODE OF PROFESSIONAL RESPONSIBILITY SHALL 22 APRLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR OFFICIAL TASKS, CHAPTER il: THE LAWYERS AND-THE LEGAL PROFESSION .. 23 ‘CANON 7: A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE — 23 | EEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. “ CANON 8: & LAWYER SHALL CONDUCT HIMSELF WITH. COURTESY, FAIRNESS, AND 24 CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING, ‘TACTICS AGAINST OPPOSING COUNSEL. CANON 9: -A_ LAWYER. SHALL NOF, DIRECTLY. OR INDIRECTLY, ‘ASSIST IN THE’ }26 UNAUTHORIZED PRACTICE OF LAW. (CHAPTER Ill: THE LAWYER AND THE COURT... “CANON 10: ALAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT......, 28 CANON 11:'A LAWYER: SHALL OBSERVE AND ‘MAINTAIN THE RESPECT DUE TO THE 30 COURTS AND TO JUDIGIAL OFFICERS AND SHOULD INSIST. ON SIMILAR CONDUCT BY: OTHERS. 7 ‘CANON 12: A LAWYER SHALL EXERT-EVERY EFFORT AND CONSIDER IT His DUTY TO”. 33 ASSIST.IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTIGE, CANON 13: ALAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM “36. ANY. IMPROPRIETY WHICH TENDS TO’ INFLUENCE; OR GIVES THE APPEARANCE. OF INFLUENCING THE COURT. (CHAPTER IV: THE LAWYER AND THE CLIENT. 38, CANON 14: A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY CANON 15: A LAWYER SHALL OBSERVE CANDOR, FAIRNESS, AND LOYALTY IN ALL HIS . 48 DEALINGS AND TRANSACTIONS WITH HIS CLIENT. CANON 16: A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS . 51 CLIENT THAT MAY.COME INTO.HIS POSSESSION. CANON 17: A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE” 54 MINDFUL OF -THE TRUST AND CONFIDENCE REPOSED IN HIM: 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS |v.TABLE OF CONTENTS 501 BEDA EAU CENTRALIZED BAR OPERATIONS = MERORY AID 2019 ‘CANON’18: A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE. 5, CANON: 19; A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS — 87 OF THE LAW. CANON 20: A LAWYER SHALL CHARGE ONLY, FAIR AND REASONABLE FEES. CANON 21: A LAWYER SHALL PRESERVE THE CONFIDENCES AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION 1S TERMINATED. CANON 22: A LAWYER SHALL WITHDRAW HIS:SERVICES ONLY FOR GOOD CAUSE AND . 69) UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES. THE INTEGRATED BAR OF THE PHILIPPINES. m1 LIABILITIES OF ALAWYER 74 BAR DISCIPLINE «seuc.ecnto ss 7 NOTARIAL PRACTICE ., 90 PRELIMINARIES ,....: : a7 THE NEW CODE OF JUDICIAL CONDUCT. 98 FOR THE PHILIPPINE JUDICIARY CANON 1: INDEPENDENCE 99 CANON 2: INTEGRITY... : 103 CANON .3: IMPARTIALITY... 404 CANON 4: PROPRIETY CANONS: EQUALITY 2: CANON 6: COMPETENCE AND DILIGENCE... ADMINISTRATIVE JURISDICTION OF THE SUPREME COURT DISQUALIFICATION OF JUDICIAL OFFICERS (RULE 137) 124 INITIATION OF DISCIPLINARY CHARGES fe ee ae 129 * DISCIPLINE OF MEMBERS OF THE BENCH w.0.sscccs ene 7 128 LIABILITIES OF A JUDGE Pecceceeigenis 484 AM, NO. 18-01-08-SC ... 134 LEGAL FORMS. GENERAL PRINCIPLES. PREPARING THE FORMS IN PRACTICE 7 BASIC LEGAL WRITING TRIAL MEMORANDUM ..... LEGAL OPINION 409 47 118 124 140 142 143 145 148 JUDICIAL AFFIDAVI 154 BASIC FORMS 155 Form No, 01: SIGNATURE OF COUNSEL NOTARIAL AGTS. 185 Form No:.02: SIGNATURE OF:NOTARY PUBLIC 156 Foemn No. 03: ACKNOWLEDGMENT 186 Form No. 04: JURAT 158 Form No. 05: AFFIRMATION OR OATH 160 Form No.:06: AFFIDAVIT OF LOSS svesisntingseseesii : 160 Form No. 07: AFFIDAVIT OF SELF-ADJUDICATION BY SOLE HEIR’ 161 Form No. 08: AFFIDAVIT OF CONSOLIDATION OF OWNERSHIP IN. 163 PACTO DE RETRO SALE Form No. 09: AFFIDAVIT OF GOOD FAITH .. - 163 Foon No: 10: TREASURER'S AFFIDAVIT. . 164 Form No: 11: AFFIDAVIT OF PERSONAL SERVICE OR SERVICE BY 164 REGISTERED MAIL (WITH EXPLANATION) _- Form No. 12: THIRD-PARTY AFFIDAVIT OF CLAIM of TERCERIA 1... 165 LITIGATION FORMS .. PARTS OF A TYPICAL JUDICIAL FORM 166 166 Vi-| 2019 SAN BEDA LAW-CENTRALIZED BAR OPERATIONSTABLE OF CONTENTS SAY BEDA (AW CENTRALIZED BAR OPERATIONS = MEMORY AID 2019 * SAMPLE COMPLAINT .... . SAMPLE CAPTIONS AND TITLES. PRELIMINARY PLEADINGS .. Foti No. 13: VERIFICATION Form No. 14: CERTIFICATION OF NON-FORUM SHOPPING... Form No. 15: COMBINED VERIFICATION WITH CERTIFICATION OF NON-FORUM SHOPPING “ Form No..16: NOTICE OF HEARING IVIL ACTIONS .... Form No, 17; GOMeLAINT BASED ON AN ACTIONABLE DOCUMENT Form No, 18: COMPLAINT (SEVERAL CAUSES OF ACTION) . Form No. 18: ANSWER WITH THE NEGATIVE AND AFFIRMATIVE DEFENSES, COUNTERCLAIM AND DENIAL OF DOCUMENT: NDER OATH -_- Form No. 20: NOTICE OF LIS PENDENS Form-No. 21: PRE-TRIAL BRIEF Form No. 22: SUMMONS... Form No. 23: APPLICATION FOR ISSUANCE OF SUBPOENA Form No. 24: SUBPOENA ....... MOTIONS. GENERAL STRUCTURE OF A MOTION .. Form No. 25: MOTION TO DECLARE DEFENDANT IN DEFAULT. Form No. 26: MOTION TO LIFT ORDER OF DEFAULT =... Form No. 27: MOTION FOR POSTPONEMENT OF HEARING ... Form No. 28: MOTION FOR BILL OF PARTICULARS .. Form No. 29: MOTION TO DISMISS ...... Form No. 30: MOTION TO INTERVENE. Form No. 31: MOTION FOR DEMURRE! a Form No. 32: MOTION FOR JUDGMENT ON'THE PLEADINGS. Form No. 33: MOTION FOR SUMMARY JUDGMENT. Form No. 34: MOTION FOR NEW TRIAL... Form No. 35: AFFIDAVIT OF MERIT:. Form No, 36: MOTION FOR RECONSIDERATION, Forim No. 37: MOTION FOR EXTENSION OF TIME TO FILE /AN ANSWER Form’ No. 38: MOTION FOR EXEGUTION....... PROVISIONAL REMEDIES Form No, 39: COMPLAIN Form No. 40: AFFIDAVIT FOR PRELIMINARY ATTACHMENT... : ‘ 193 Form. No. 44: COMPLAINT WITH APPLICATION FOR PRELIMINARY INJUNCTION . 194 Form No. 42: APPLICATION FOR RECEIVER... se 195 Fornt No, 43: REPLEVIN. 195, Fort No. 44: AFFIDAVIT FOR REPLEVIN. =» 196 Form'No. 45: SUPPORT PENDENTE LITE. 497 SPECIAL CIVIL ACTIONS. 198, Form No, 46: INTERPLEADER...... + 196 Form No. 47: ACTION FOR DECLARATORY RELIEF . 199 Form No. 48: PETITION FOR CERTIORARI. i 199 Form No: 49: PETITION FOR: PROHIBITION. 201 Form No. 50: PETITION FOR MANDAMUS .. 202 Form No. 61: PETITION FOR QUO WARRANTO. 203 Form No. 52: COMPLAINT FOR JUDICIAL FORECLOSURE OF MORTGAGE 203 Form No. 53: COMPLAINT. FOR JUDICIAL PARTITION OF REAL ESTATE, aa 204 Form No; 54 and 85: GENERAL STRUCTURE OF EJECTMENT «: 2068 FORMS Form No: 56: COMPLAINT FOR UNLAWFUL DETAINER.. 207 2019 SAN BEDA LAW CENTRALIZED'BAROPERATIONS | VilTABLE OF CONTENTS AI GEDA EAW CENTRALIZED SAR OPERATIONS ~ MEMORY AI 2019 Form No. 57: COMPLAINT FOR FORCIBLE ENTRY... APPEALS, ‘SAMPLE NOTICE OF APPEAL OR RECORD ON APPEAL... Forin No. 58: APPELLANT'S BRIEF. 7 Form.No. 59: NOTICE OF APPEAL Form No. 60: PETITION FOR REVIEW . SPECIAL PROCEEDINGS ....... set Form No. 61: EXTRA JUDICIAL SETTLEMENT OF Form No. 62: SUMMARY SETTLEMENT OF ESTATES OF SMALL VALUE... aa Form No. 63: PROBATE OF WILL, : Form No, 64: PETITION FOR LETTERS OF ADMINISTRATION. Form No: 65: ESCHEAT.. Beraeene Form No. 66: PETITION FOR GUARDIANSHIP OF MINOR .. Form No. 67: PETITION FOR HABEAS CORPUS. Form No, 68: PETITION FOR HABEAS CORPUS FOR CUSTODY OF A MINOR. Form No. 69: PETITION FOR WRIT OF HABEAS DATA. Fofm No. 70: PETITION FOR WRIT OF-AMPARO ... Form No. 71: PETITION FOR CHANGE OF NAME. CRIMINAL ACTIONS... Form No. 72: CRIMINAL COMPLAINT. SAMPLE CRIMINAL COMPLAINT: SAMPLE INFORMATION. Form No, 73: CAPTION OF CRIMINAL COMPLAINT REQUIRING PRELIMINARY INVESTIGATION, Form No. 74: JURAT OR OATH OF CRIMINAL COMPLAINT OR AFFIDAVITS OF WITNESSES... BEFORE THE PROSECUTOR ‘ 7 Fotrn No. 75: COMPLAINT-AFFIDAVIT. 2.00.00 eee perere INFORMATION. sesetensesese Form No: 76° CERTIFICATE OF PRELIMINARY INVESTIGATION. Form No. 77: GERTIFICATION AS'TO CONDUCT OF INQUEST Form No. 78: INFORMATION FOR ACTS OF LASCIVIOUSNESS .. Form No. 79: INFORMATION FOR RAPE... Form No. 80: INFORMATION-FOR MURDER, Form No. 81: INFORMATION FOR HOMICIDE... Form No. 82: INFORMATION FOR SERIOUS PHYSICIAL Form No. 83: INFORMATION. FOR FORCIBLE ABDUCTION, Form No: 84: INFORMATION FOR ABDUCTION WITH CONSE! Form No. 85: INFORMATION FOR ABDUCTION WITH RAPE Form No. 86: INFORMATION IN ACTION FOR ARSON.. Form No. 87: INFORMATION FOR ADULTERY. . 7 Forrn No. 88: INFORMATION.FOR CONCUBINAGE... Form No. 89: INFORMATION FOR QUALIFIED BRIBERY. Form:No, Form No, INFORMATION FOR MALVERSATION.. : INFORMATION FOR DAMAGE TO PROPERTY THROUGH RECKLESS ... IMPRUDENCE. Form No. 92: INFORMATION FOR'ESTAFA. oo Form No; 93: INFORMATION FOR VIOLATION OF 8. Big, 22. é Form No. 8; INFORMATION FOR FALSIFIGATION OF PRIVATE DOCUMENTS Form No. 96: INFORMATION FOR FALSIFICATION OF OFFICIAL ‘DOCUMENTS Form-No. 96: INFORMATION FOR ROBBERY... Form No. 97: INFORMATION FOR THEFT... Form No, 98: INFORMATION FOR VIOLATION OF RA. NO. 9165 - Form No. 99: MOTION FOR BALL.. Form No. 100: MOTION TO QUASH. Vil | 2018 Sai BED LAW CENTRALIZED BAR OPERATIONS 207 208 208 209 210 att 212 212 213 214 215, 216. 216 207 218 218 216 223 2268 228 208 229 229 230 230 231 231 232 333 233 239, 241TABLE OF CONTENTS ANY BEDA LAW CENTRALIZED 8A OPERATIONS ~ MEMORY AIO 2019 LEGAL FORMS GOMMON'TO CIVIL AND CRIMINAL ACTIONS. . 282 Form No. 101: APPEARANCE AS COUNSEL... TOMEI paz Form No. 102: WITHDRAWAL AS COUNSEL (WITH GONFORMITY OF CLIENT) 2a2 Form No. 103: WITHDRAWAL OF APPEARANCE AS COUNSEL 242 (WITHOUT. CONFORMITY OF CLIENT) Form No, 104: SUBSTITUTION OF COUNSEL... 243 Form No. 105: DEMURRER TO EVIDENCE... 263 DEEDS, CONTRACTS, AND OTHER INSTRUMENTS. Form No. 108: SALE OF REGISTERED LAND.....~ Form No. 107: OPTION TO PURCHASE REAL PROPERTY Form No. 108: LEASE OF REAL PROPERTY. (09:-DEED OF SALE OF UNREGIS’ Form No. 110: DEED OF SALE WITH MORTGAGE..... REAL ESTATE MORTAGE..... PLEDGE AGREEMENT.. ‘SALE OF CONDOMINIUM UNIT. |: DEED OF ASSIGNMENT. SALE OF PERSONAL PROPERTY (MOTOR VEHICLE) . EASE OF PERSONAL PROPERTY ...-.ccceceo- : CHATTEL MORTGAGE CHARTER PARTY. : EASEMENT OF Ri ‘OF WAY POWER OF ATTORNEY. Form No. 120: GENERAL POWER OF ATTORNEY... Form No. 121: SPECIAL POWER OF ATTORNEY... Form No. 122: REVOCATION OF POWER OF ATTORNEY. WILLS'AND DONATIONS.. . 263, Form No. 123: HOLOGRAPHIC WiLL. 263 Forrn No. 124: NOTARIAL WILL... 263 Form No. 125: DONATION MORTIS CAUSA. sc-gcc-ccon 264 PARTNERSHIPS AND CORPORATIONS. Form No. 126: ARTICLES OF GENERAL PARTNERSHIP Forth No. 127: ARTICLES OF LIMITED PARTNERSHIP. ce 266 Form No, 128: ARTICLES OF INCORPORATION OF STOCK GORPORATION.. 287 Form No. 129: ARTICLES OF INCORPORATION OF NON-STOCK GORPORATION 267 Form No. 130: ARTICLES OF INCORPORATION OF CORPORATION SOLE. 267 Form No. 131: ARTICLES OF INCORPORATION OF RELIGIOUS SOCIETY. 268 Form No. 132: COMPANY RESOLUTION INCREASING THE NUMBER OF BOARD 269 DIRECTORS: Form No. 182: CERTIFICATION OF BOARD RESOLUTION BY CORPORATE SECRETARY .. 2869 Form No. 133: CERTIFICATE OF CORPORATE: DISSOLUTION......... 270, NEGOTIABLE INSTRUMENTS. 270 Form No. 134: PROMISSORY NOTE. 271 Form No. 135: BILL OF EXCHANGE. 7 : an Form No. 136: CHECK... - 204 .COMMON FORMS.FOR LAW PRACTICE. fe 274 Form No. 137:DEMAND LETTER, sevnenagbegee Hana: 272 273 Form No. 140: CERTIFICATE OF CANDIDA‘ 7 273 Form No. 141: AUTHORIZATION LETTER 7 274 BIBLIOGRAPHY. 275 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS | bxLeGat Eruics Legal Ethics is the embodiment of all principles of morallty and-refinement that should govern the ‘egriduct of every member of the bar. Ithasialso been broadly defined as the “living spirit of the profession, ‘which limits yet uplifts it as a livelihood.” Specifically, it 18 a branch of moral sclenioe which treats of the duties which an attomey.owes to the court, to his client, to his ‘colleagues’ in the profession, and to the public (AGPALO; Legal and Judicial Ethics (2009), p.2 [hereiniafter, :AGPALO, Legal and Judicial Ethics). " Basis of Philippine Legal Ethics 4. The Code of Professional Responsibility It Is the embodiment into: one. Code of the various pertinent and subsisting ~ rules, Quidelines, and standards on the rule of conet Of lawyers which. must be observed. by. all: members of the Bor in tho exercise of, thal profession whether in or out of the court agghell: cl ut y i Definition“of\Terms Commonly Uséd in Legal as in their public and private lives. (PINEDA; Lagat” Ethics Annotated (2000), fb. - 2, (Meroinafter, PINEDA, Legal ethics Ampottod, 2. Rules of Court sob eee Pertinent provisions under:the Ruled of Coutt, “enumerates the duties of alforie§s" which, aro felated to. the Code’ of Propessigial * Rosponsitities ‘and to the Laie -Caty) {RULES OF COURT, RULE 138880; 0). # Oe 3., Gahons of Professional Ethics. S:.7 . > The canons are adopted by the Bienes a ‘Association a. 2 general: ade, yg lhe enumeration of particular duties shiduld:Hot be construed as.a. denial of the existence of others equally imperative, though not _ specifically mentioned (CANONS: . OF PROFESSIONAL ETHICS, Proambio), ote LEGAL ETHICS SAN BEDA LAW CENTRAUZED BAR OPERATIONS = MEMORY AD 2019 LA hereinafter, 4. Revised Penal Code - Articles 172, 209 and 915 of the Revised Penal Code provides for specific acts of lawyers that ‘may result to criminal liability, 5, Givil Code of the Philippines 6. Special Laws Significance of Legal Ethics ‘Legal Ethios will guard against the abuses and ils of the. profession "such 9s cishonesty, deceit, immorality, . negligence, -slothfuiness, “lack of dligencs, and the many forms of malpractice ofthe ‘mgmbors of the Bar. IRiwill raise the ‘standard’ of the legal profession, ‘encourage and-enhance the. respect for the-lavi, ‘assure an effective and efficient administration of justice, and assist in the Keeping end meintenanoe Of law and: order in coordination wits the other -dopartments:of the government: It also provides the “basis for the’ weeding out-of the unfit'and the misfit 34 in the legal profession for the protection of the public (PINEDA, Suna at 1) Wi Bar - Thepwhdle body of attomeys and body of "2 judges (QIZGN, ‘Basic Legal Ethics (2017), p. 62 ZON, Basic Legal Ethics). Irreters to the legal protegsoh (AGPALO, supra at 4), Ethics eee he Bench “thetivhoie’body of counsellors; members of 4{. the. judiciary. or the. judges ‘and the justices. of rent. courts. Members of the bench are aymombers of the Bar as wel). Attorney-At-Law = Class of persons who are by Ticense, officers ofthe courts; empowered to.appear, prosecute and defend and upon: whom peculiar Guties, responetbilties and liabilities are developed by'law'as a consequence (Cui v. Cui; G.R. No. L= 18727; August 31, 1964). ‘ ‘EXECUTIVE COMMITTEE MARY CYRIELL C. SUMANQUE Overall Chairperson, ERICA MAB C. VISTA Chatrperson for Academics, BEN REL. 'BARBERO Chalrpeison for Hotel Operations, JHELSEA LOUISE B, DIMAANO. Vice Chatperzon for Secretaria, EARL, JUSTINM ‘SUBJECT COMMITTEE. RHEV ANDRA ACUNA Subject * Chain, GERARD "ANGELO: DE JESUS Assistant ‘Subject Chatr, DENNISSE TANT BONSATO Subject’ Electronic Die Procesing JARED RUIZ A. LIBIRAN LegelBthicy, ANNE CHRISTEL, A. SANTIAGO YAMBAO Vie Chalyperson for Judicial Biles GERARD Operations, MA. ANGELICA’, . ANGELO ‘T. DE JESUS Legal ‘DE LEON Vice Chairperson for _ Forms Finance, RRA OLMAYA J ‘ BADANGAN Vice Chalypericn (or Audie JORDAN. CHAVEZ. Vice Chairperson for EDP, HANZ DARAYL D. TIV Vice Chairperson for Logteties, and DOTIN ALFRED F- AQUTLIZAN Vice Chairperson for Membership MEMBERS ‘ADVISERS : ‘CHARMAINE KEY. AUREA, Atty, JOSEPEL FERDINAND NM. MONIQUE’."G,BUGNOSEN,, “DE. CHAVEZ, Alty, "LYAN KRISTOPFER MONICO S. NG, DAVID M. JUANICO JUNNA LYNNE R. PANTINO, 4 Fa z= a eS baNote: Altorney at law is synonymous” with counsellor-at-law; lawyer, - altomey, counsel, “abogado” and "boceros” (PINEDA, supra at 5). Attorney-In-Fact - Ani agent whose authority is strictly limited by the’ instrument appointing. him, though he may do things snot mentioned in his appointment necessary to the performance of the duties, specitically required of him by the powor of atteméy appointing’ him, such ‘authority being necessaily implied (PINEDA, supra’at 8). Attorney Ad Hoc - A person named and appointed by the ‘court to defend an absentee defendant in the suit in which the appointment is made (Id). ‘Attomey of Recard — Ari attamey whose riame together with his address is entered in the record.of a case as the designated counéel of the party itigant.. in the case and to whom judicial notices theret@ are sent (DIZON,-supra at 1-2). a Se Note: Onéo an aitorney become dei of ‘Sty the case record, ‘he often cannot with ‘wihput esr pernkslon (PANEER SS 707 py Of Counsel - Associate at Record (la) = Lead Counsel’ =-One wip i pincipal management ond deg i, (10). yD House Counsel - Lawyer wile acs, panna oan cri ere LEGAL ETHICS SAN BEDA LAW CENTRALIZED GAR OPERATIONS ~ MEMORY AID 2019 | process hasbeen af Note: In view of the broad definition in Cayetsno w Monsod, -when lawyers teach law, they are considered engaged in the practice of law. Unlike professors in other disciplines, and. more than lawyers who do not teach law, respondents are ound by thelr oath to uphoid the ethical standards of the legal profession. Thus, their actions as law professors must be measured against the, same Canons of professional responsiblity applicable to acts of members of the Bar asthe fact of heir being law professors is inextricably entwined with the fact that they are lawyers (Re: Letter of the UB Law Faculty entiiéd "Restoring Integrity: A statomont by the Facuity of the. University of the Philippines College of Law on the allegations of plagiarism and ‘misropresentation in the SC," A.M. No. 10-10-4-SC, March 8, 2011). Nature of the Practice of Law J K jae Privilege given to lawyers who meet the nigh standards of legal proficienéy and moray, y honesty, ‘integrity, and fair dealing. = ut Reform thelr four fol duty to society, maal profession, the courts, and theincionts, indore nevus ara nore of ve AK Ca eee snares arcs Prot cena uosse nsibilty (Plumptre v. Rivera, Bo Adgust 9, 2016), 168 a Fight once a person is a RS eat gad eee ‘aj tawjed may. be prevented trom ah only be deprived of such right Zondyét duly ascertained “and after due Jed him (AGPALO, supra at Seer en varaqon ess pas EN 1, day matter (14). 7 Soe Ivqonbt be Assigned orinherited (Ulep v. Legal S07 MANS 7 BLM, No. 553, Jtine 17, 1993). [SSP 5" Mtorson and noe buns, The ublic “service, nol. money, Is: the primary nom practice of law is a. fession in which duty to PRACTICE OF LAW dea rv Ealderaion: Layering s not peunery toeht Practice of Law is'any aétivty in or out of court, which equires the application of law, .legal. procedure, knowledge, ‘training and ‘experience. Generally, 10 practice law is to give advie8 or to.rendeF any kind of service which advice or service requires: the use in any degree of legal knowledge or skill (Ulep v. Legal Clinic; Ine., B.M. Ne. 553 (Resélution), June 17, 1993). Hence, the SC declared that a lawyer-econoinist, a lawyer-manager, a lawyer-entrepreneur, a lawyer- negotiator of contracts, and a lawyer-legislator of both the: rich and the poor are engaged in the practice of law (Cayetario v. “Monsed, G.R. No. 100113, September 3, 1991). to. be & money-making ventuio, and. law advocacy is not-a capital that necessarily yields profits, The gaining of a livelihood should be a secondary consideration. The uty to public service” and. to. the administration of justice should be thé primary.consideration of lawyers, ‘who must subordinate their persorial interests or What they owe to themselves (Brunet v. Guaren, A.C. No. 10164 (Resolution), March 10, 2014) 4, ‘itis burdened with Conditions: There should be faithful complianée with the rules.of the legal Profession, maintenance of the highest degree. of morality, and adherence to the standards of mental fitness (Zaldivar v. Sandiganbayan, G.R. ‘nbs. 79690-707, Apri 7, 1993). 2 | 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONSRegulation of Practice of Law . The SC is mandated by the Constitution to promulgate rules conceming the protection and ‘enforcement of constitutional rights, pleading, Practice, and procedure in all courts, the admission {to practice of law, the integrated bar, and legal assistance to the under-priviléged (CONST. Art. Vil, Sec. 5, Par.(6)).° The power to didmit applicants to'the practice of law Is judicial in nature and. involves the exercise of Judicial discretion: The authority to decide who may be admitted to the bar naturally and logically belongs to the judiciary ropresented by the SC in view of the nature ofits judicial function and in the role played by-attomneys in the administration of justice (In Re: Cunanan, 94 Phil 634, March 18;.1954). On the other hand, the legislature, inthe exercise of sits police power ‘may: enact laws regulating the practice of law to protect the public and promote the public welfare. But the legislature may not pass @law ‘that will,control the SC in the performance of its function to. decide who may enjoy the privilege) of practicing ‘law. and any law of that kind’ is ‘unconstitutional as-an invalid exercise of législative:” ‘power (in es Cannan, 84 Phi 834, Moreh’ 18 1964). arr ‘The Power-of the'SC to Regulate tne Bacion of, Law Includes the Authority 6 (D°RO*P!S) ‘Define the tor; \ oN Beatle wiv be cinitSd i prachee Biscpe, suspend, oF shat at unt and unworthy member of the bar; “S Roinstate ‘any disbarred or, Siti suspended atlorney, zi Ordain the integration of the Philippine Bée:\/ i Exercise any Other power as may beineedeséry ta elevate the standards of the bar-and preserve its integrity; 7... Prescribe the qualifications of.a candidate to and the subjects of the bar.examinations; 8, Bubish for contempt any person. for Unauthorized practice of law; and 9. Exercise overall Supervision. of, the légal profession (AGPALO, supra at 5-6). Re oes eNe General Coverage of Practice of Law: (ADA) 1. Legal Advice and instructions to clients to inform ~ thetn of ther ights:and obligations; 2. Pigparation of Bocuménts requiring knowledge Of legal principles ‘not possessed by ordinary layman; and 3. Appearance for clients before public tribunals (Ulep v: Legal Clinic Inc., B.M. No, 553, June 17, 1993). “The term practice of law is not limitéd tothe conduct ‘of cases. in court or t0 participation in_ court Proceedings but extends to the preparation of LEGAL ETHICS. AN BEDA LAW CENTRAUZED OaR OPERATIONS ~ MEMORY AD 2019 “branches. of - multinational “corporations. pleadings or papers in anticipation of aItigation, the giving.of legal advice to clients or-persons needing the same, the preparation of legal instruments and contracts by which legal rights are secured, and the préparation of papers incident io actions and special 18 (Decena v. Malanyaon, A.M. No. RTJ- 10-2217, April 8, 2013): to. Filipino citizens, there is nothing wrong arrangement where foreign law firms have tie-ups with “lacal: law firms for-the purpose of servicing in the country; provided, only lawyers of local firs: shall render legal services for varidus concerns of local branches (ANTIQUIERA, Comments on Legal: and, Judicial" Ethies (2013); -p.7 — [hereinatter, ANTIQUIERA, Legal Ethics) Criteria for the Practice of Lai: (CHAR) 1. Gompensation: It implies that one must have resented himself to be in the active practice and that his professional services aré available J ee.t0 the public-for compensation, as a source of Fyeiosdor in constderation of hie sid services Sh, Vilanuevs, G.R. No. L-10480, Way NB 27, rallye 2. Hobs io implies tustomarily or habitually hoa If out to the public as a lawyer. Prac ice jo law. is mere than’ an isolated Home Be conto Resor Gis oe "igi? (People v. Villanueva, G.R. No: E8450 May 27, 1968). rqHowever,: an. isolated: ‘appearance... may, stitute. practice of law when there isa rule ‘Shibiling some persons from engaging in the exercise Of the legal profession (Lichauco et al: ¥, Alejandrino, GR. No. L-6513, December 15, 1914). Isolated » “Appearance 2. Alaiiyer who is amemiber of tha Legislature ‘cannot appear as couinsel.before.any court of justice -or Electoral Tribunals, ‘or. quasi- judicial and other administrative’ bodies even in-a single instance (CONST., Art. Vi, Sec. 14); b. - Alaymian cannot appear as counsel; except to. the extent permitted by law, for any person ‘before. the’ court even in 4 single ‘occasion (Lichavico et al. v.. Alejandiino, GR. No: L-6513; December 1, 1811). 3. Apptication of law, legal principle, practice or pfacedure which calls for legal knowledge, training and ‘experience (AGPALO, supra at 39). : 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS | 3 F = = G re rt a s4, Attorney-Client Relationship: Engaging in the practice of law presupposes the existence of a lawyer-client relations! 39). (AGPALO, supra at Persons Entitled to Practice Law Persons duly’admitted.as members of the bar and ‘who are in good and reguler standing aré entitled to practice law (RULES OF COURT, RULE 138, Sec: % Requirements for Admission to the B: (GRACE-B-MAOS) 1. Good moral character; Note: Good moral character is fot only a condition precedent relating to his admission into the practice Of law,but is also @ continuing imposition in order for him to maintain his. membership, in the bar (O19, Viummmne ‘Ay, Wa Delos Santos, A.C. No 10178rerch “slaw. and social fegisition, medical 4,.2014). Ze bs WU Ni F iiisprudence, taxation and legal ethics “a Ds ft IEG OF COURT, RULE 138, Secs.5 & “The: good moral-conduct, or chéfactoip Bust” be rect aigended by BM. no. 1153) possessed by lawyers at the tir Stor 8 sion a fx emisin io the Ber and Be maintained, é) No. 1169 made the ToloWg” Cit Totrement ont tng’ panics or lal A\ Smondejents\ty Section &: the requivaent eters Accordingly Ii expected thet avers lavner, being BS. Bese ‘Mie study of law Is explicly a afk” applicant” had pursued» and anvottcor ofthe Cour muge peapiy be Tasco) ‘990d moral character, but thishalgo be sen tobe | sre! tre chatgcert at Joting ves fccortance withthe Nigh af feat ne “community (Tumbaga..v. / GTB a S675. Novonbor 21 26t7). KO” 2 Restent ot te Pippin 3. Atleast 21 years of, Age: 4. Gitizen of the Philippines; Filipino Citizen who. graduated oe bliss the Philippine Bar Examinations Ina Bar Matter No. 1159 dated March 2, 2010, TS Court approved. the: proposed - amendment. to ‘Sections 6 and 6, RULE 138 ofthe Filles of Court Main amendment to Section 5::A Filipino citizen who. graduated from a foreign law school stiall be ‘admitted "16 .the bar examinations. only. upon submnission 0 ‘thé: SG-of certifeations. showing: (CaF) : ‘a. Completion of sil Gourses teading to: the degres of Bacticlor of Laws or.ts equivalent ~' degree; b. Recogniiion or Avereditation of. the law schoolby the proper authority: and: 6 Completion of all the Eourth-year subjects in. the Bachelor of Laws academic piogcam in a. law. schoo! duly recognized by the Philippine govemment. (DIZON, supra’ at 268). LEGAL ETHICS ‘S/W BEDA LAW CENTRALIZED BAR OPERATIONS ~ MEMORY AID 2019 ur 5. Must produce before the SC. satistactory Evidence of good moral character, 6. Pass the Bar examinations. 7. No Charges against him, involving Moral turpitude, have been filed or are pending in any court in the Philippines (RULES OF COURT, RULE 138, Sec. 2); 8, Must_have complied with requirements: (UA-4) 8. Had pursued and satisfactorily completed in ‘an.guthorized and recognized University or college. which. requires for admission the completion of 24-year high school course; b, The course‘of study proscribed therein for a Bachelor's degree in arts or Sciences; and A Aryear bachelor’s. degree in. law with Ccoimpleted courses in civil lav, commercial Jaw, remedial law, criminal lav, public and private international law, pola law, labor the Academic ) jeourt counsel de evidence; Vin through a] _ “officio should 2 His services should not be habitually rondefe dulylicensed] be appointed and member of], or counsel de 3. He should not ‘charge ‘or collect_attomeys 67) |the bar] parte should be: fee (PAFLU ¥. Binslbagan Isabela SugerCo.,. >» } | (AGPALO, required GR. No, 23969, November 28, 1971). ni ~~. | supra at 23). | (RULES OF| fl Ane COURT, Rule Summary of Rulés for Non-Lawysis’ | fis 116, Seo. 7). ‘Appearance in Court or Adrainistrative fil Tribunals yee f ‘ But in -cfiminal 2 | : . cases before the| Ce ; { fe Segre lenet ats cen eel Recerca eet where a duly neers . licensed ‘member of the Bar is NOT ‘Municipal Trial |A party may|in grave or, less Courts! conduct his| grave difenses, an|ac-.. |. available, the Metropotitan [case or|accuseg-who, if a judge may appoint Trial Courts) tigation in flayman >. must 8 nonlawyer who MCTCs person with] always appear by (RPA) thé aid of an| counsel; he cannot A Resident of| agent or| conduct’ his own ‘nat provinee: friend defense; as his and appointed by right to counsel is 2. Of good repute him (RULES| immutable. for Probity arid OF COURT, |Otherwise, - there Ability (RULES| JRULE 138, |would be a grave OF _ COURT, Sec. $4). "Idenial ct due| RULE 16, Regional [in any court] Process (Pilario v. jo 7 Poople, G.R. No. Trial Courts other ahah) Tero76, aor 1, jie rc. al 290) Remedies and Sanctions Against Unauthorized party in 9) 2008) Practice of Law Ehalsuit may 1." Lamers without authority from the cour or from conduct his| 1" _ However, the), a party litigant: (SIC-DADE) ligation’ accused ‘may! ‘a. Suspension (In Re: Patition to Sign in the ersonaily, | defend himset| Rolloratomays, BM. No. 2540, September personally | nperson nen] < or aoian someone to| i! sufficiently b. Petition for Injunction (AGPALO, supra at 20" appears to the. 56); aid him, mat] Sepears to the : someone 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS | 7LEGAL . Gontempt of Court (RULES OF COURT, RULE 198, Sec. 21; RULE 71, Sec. 3, Par. ce) d. Disqualification: and complaints for disbarment (RULES OF COURT, RULE 139); ©. Administrative. complaint ~against lawyer of government official (AGPALO, supra at 56) {, Declaratory relief (Id:); and 9. Criminal complaint for Estafa against 3 parson who falsely represented himseif to ean atlomey to the damage of a parly . (REVISED PENAL CODE, Art. 315). 2, Pérsorig whe are not laviyers: (IGE) a. Petition for ‘Injunction (AGPALO, supra at b. Gontempt of Court (ta); and c. Criminal ‘Complaint for Estafa for falsely. representing himeett fo be an attomney'Tid. Procéedings Where Lawyers From Appearing: (KI-SC) 1... Proceedings before Pambarangey — during 1 oan pt copiferen remarran: era neem. ey Pole from, appearing for the! appear in person only. of kin who: - are GOVERNMENT CODA Se 2: Under tho “The Indigs ‘counsel, Thie.exception is appearing in his/her capaci council of elders or due to hi Inetnber of the Indigenous Ped} ‘9r,for the purpose of defending of Riser case (Administrative. rcuar Nos 2008, See 10, pursuant RA 8571, Sect 44 (o)jiand 3, Under the Rule of Procedure fér Small Claims Gases- no atiomey shall appéar in-behalf of or represent ‘a-party at"the hearing, unless the attomey is the plaintif or defendant (A.M. No. 08-8-7-SG, See. 17). Nofe: If the court determines thiat 2. party. cafinot properly present his/her clalin or defenge and nedds assistance, the court may; In its discretion, allow another individual whois nat ‘ari alforriey to’assist that party upon the latter's consent (1d). Note: In mediation’ proceedings, a party: may désighate a tawyer or any other person fo provide assistance in the mediation, A tawwyer of this right shall be made in writing by the-party waiving it. A waiver of participation or legal representation may be rescinded at any time (R.A. No. 9286, Sec. 14). SAW BEDA LAW CENTRALIZED BAR OPERATIONS ~ MEMORY AD 2018 Uz pe ery bho Supe e a 3M. ETHICS In international arbitration, conducted in the Philippines, a party may be presented by any person of his choice. Provided, that such representative, unless admitted to the practice of law in the Philippines, shall not be authorized to appear as ‘counsel in any Philippine court, oF any other quasi- judicial body whether or not such appearance is in felation to the arbiation in which he eppears (R.A. No. 9285, Sec. 22) ‘This rule shall’ also. apply in domestic arbitration (RA. No, 9285, Sec. 33), 2., Practice of Law by @Corporation . A corporation cannot practice law diredily or indirectly by employing a lawyer to practice fort or to appear for others for its: benefit (RULES. OF COURT, Rule 138, Sec. 7). 2, it may, hife ‘an dttomey to attend te arid Pega ayn legal business of affairs (AGPALO, “ir rReasonss Ny ‘Theiin n"'gf the corporation is destructive of the privilege and of the confidential and trust Cy tein wee ration to practice fori his: swing, at best, a secondary HY to, the clientele of his ie ae ‘and ston. cafmot ‘perform the conditions are ‘meigbershipin the Bar, such as the etocn es cis moral chardeter and ‘other fifications, the taking of an oath ce ng an ofcer of tha cout, subject to Misano, Suspension, removal (AGEALO, eat 3, Practice of Law by Public Officials Goneral-Rule: The appointment or election of an. attomey to,. a goyemment "office "generally disqualifies him from engaging inthe private practice, ‘of law (Ramos v. Rada; AM. No. 202, July 22, 1978). : Exception: Some public officials are not absolutely disqualified to practice law (Noriega v. Sison, A.C. No. 2266, October 27, 1983). Public... Officials . who - are ABSOLUTELY PROHIBITED to Practice Law in the Philippines: (FCLOGS-P'c) Se sodges and other ‘ofciats or employees of the Stipatior court (RULES-OF COURT, RULE 138, Soc. 35); 2. Members of the Judicial Bar Council, (CONST, Art. IXA, Sec. 2); 8 | 2019 SAN BEDA LAW CENTRALIZED BAR OPERATIONS,