#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

OUTLINE REVIEWER ON
PROCEDURE AND PROFESSIONAL ETHICS
BY:
DEAN ARTURO M. DE CASTRO
UNIVERSITY OF MANILA
GRADUATE SCHOOL OF LAW

REMEDIAL LAW (12 QUESTIONS)

CIVIL PROCEDURE

1. IMPORTANT PRINCIPLES

A. SPLITTING A SINGLE CAUSE OF ACTION

A series of promissory notes issued under a mother loan agreement for
a maximum total amount constitutes a single cause of action. Firstly, a
complaint for some and not all the promissory notes will result in the
extinguishment of promissory notes but included in the complaint.
A loan and a mortgage securing the loan constitute a single cause of
actions. If a complaint for recovery of a sum of money is filed, the accessory
obligation of the mortgage is extinguished under the rule against splitting a
single cause of actions.

B. JOINDER OF PARTIES AND JOINDER OF CAUSES OF ACTION

1. Subject only to the rule on joinder of parties, that is:

a. The cause of action arose from the same transactions or series of
transactions
b. Involving a common question of facts and law.

2. Not subject to the rules of venue and jurisdiction. Complaint may be

filled establishing jurisdiction based on totality of the amount and
where venue may be laid in any venue based on the residence of any
party.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

3. An ordinary action cannot be joined with a special civil action because

of difference in procedure

C. JURISDICTION OF THE FIRST LEVEL COURT (MTC)

Has been expanded to extend the real cases (involving real estate) with
assessed value of P400,000.00 for the recovery of title, ownership, and possession
and for the recovery of sum of money up to P2 million.

D. The MTC now has jurisdiction to recover physical possession of real estate
property where the assessed value is P400,000.00 or below even in case of
Accion Publiciana by new decisions of the Supreme Court abandoning the old
doctrine that Accion Publiciana to recover possession held for more than one
year falls under the exclusive jurisdiction of the RTC. It is the assessed value
of the real estate that determines jurisdiction in real action to recover the said
possession. Unlawful Detainer as cause of action to recover property withheld
not more than one (1) year remaining under the jurisdiction of the RTC.

E. FALLS UNDER THE EXCLUSIVE JURISDICTION OF THE RTC.

The verification of pleadings must state that the pleadings are not intended to
harass, and the statements therein are supported by facts, or if the facts are
particularly identified, the same should have evidentiary support upon resort to
discovery proceeding.

This is very material for the purpose of discovering falsehood and

misrepresentation, particularly in Judicial Affidavit as a form of Direct Testimony,
subject to prosecution for perjury or false testimony for any falsehood in the
pleading.

(I anticipate that for Practical Exercises a question may be asked requiring the
drafting of Judicial Affidavit where the Verification should be complaint with the
new mandatory requirements.)

F. If several plaintiffs represent common interest, it is enough that the non-forum

certificate is executed by one of them.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

G. The Complaint must contain a summary of the testimonies of the witness and
must state the supporting documents and must be accompanied by Judicial
Affidavits of the witnesses, to which the supporting documents must be
attached or any and identified by the witness stating that the document was
signed in his presence or having seen the signature many times, he is familiar
with the signatures of the signatures to the document.

H. The Answer must also contain a summary of the testimonies of witnesses with
supporting documents and must be accompanied by Judicial Affidavits of
witnesses with complete annexes of supporting documents.

I. The Answer must be filed within 30 days from receipt of the summons and
the complaint and may be extended only on extremely meritorious ground.

J. Failure to submit the pre-trial brief is a meritorious ground for non-suit or

default.

K. A reply is a prohibited pleading except when the Answer incorporates an

actionable document that needs to be denied under oath regarding its
authenticity and due execution.

2. SPECIAL CIVIL ACTION

A. EXPROPRIATION

• Exercise by the Government of the inherent power of Eminent Domain

to take private property for public use upon prior payment of just
compensation.

• The Court may order immediate taking upon deposit of the assessed
value with the court.

• The owner of the property may object and file an Answer and oppose
the expropriation and participated in fixing the fair just compensation by
commissioners

• If the judgement is reversed, the possession of the property shall be re-

stored to the owner with damages.
TRANSCRIBED BY: ROSANIE P. REMOTIN, JD
WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

CERTIORARI, PROHIBITION (RULE 65)

A. CERTIORARI

1. A Special Civil Action to set aside the order or judgement of any tribunal, board or
officers exercising judicial or quasi-judicial functions issued or rendered in excess
of jurisdiction or with grave abuse of discretion tantamount to lack or excess of
jurisdiction, where there is no appeal, nor any plain, speedy and adequate remedy
in the ordinary course of law.

2. A motion for reconsideration is mandatory to give the tribunal a chance to correct

itself but may be dispensed with if only questions of law are involved, there is
special urgency to present irreparable damage and irremediable injury.

3. The act must be whimsical, capricious arbitrary and oppressive to be characterized

as done with grave abuse of discretion. Mistake without malice and evident bad
faith does not amount of grave abuse of discretion.
4. The RTC, Court of Appeals and the Supreme Court have concurrent jurisdiction over
special civil action of certiorari and prohibition but under the Hierarchy of Courts,
resort must first be made to the lower court, except when public interest is involved
of trandencents importance to the nature when the Supreme Court in the exercise of
sound judicial action may entertain petition for certiorari or prohibition.
5. Certiorari is used to correct error of jurisdiction, not error of judgement which is
correctible only be appeal.

B. PROHIBITION

Original special civil action against any tribunal, corporation, board, officer or
person, exercising judicial, quasi-judicial functions who acted without or in excess of
jurisdiction or with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy
in the ordinary course of law.
Certiorari and Prohibition under Rule 65 are available remedy to nullify or
restrain and prohibit interlocutory orders, which are not immediately appealable but
must await the decision in the main case to be appealed together with the appeal on
the main case on the merit.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

C. QUO WARRANTO

1. An action by the Government to remove a disqualified public officer who

usurps, intrudes into, unlawfully holds or exercises a public office, position,
or franchise, or disqualified public office liable to forfeiture of his office, or
an association acting as a corporation within the Philippines without being
legally incorporated or without lawful authority.

2. Only the Solicitor General, motu proprio on his own initiative, or at the
instance of the private individual with the approval of the court, or the
person entitled to the office may file a petition for Quo Warranto.

APPEALS (RULE 41-45)

1. APPEAL FROM THE RTC (RULE 41)

A. An appeal may be made from a judgement or final order that completely

disposes of the case or a particular matter therein declared by the Rules to
be appealable.

B. The following are not appealable but may be reviewed through an original
civil action for certiorari under Rule 65 on lack of jurisdiction or grave abuse
of discretion:

1. Order denying petition for relief from judgement

2. Interlocutory Order- an order set on an incident such as denial of a
motion to dismiss in a civil case or order denying demurrer to evidence.
3. An order dismissing an appeal
4. Order denying a motion to set aside judgement by compromise on
ground of fraud, mistake or duress, or any other ground vitiating
consent.
5. Order of Execution
6. A judgement or final order for or against one of several partners or in
separate claims, counterclaims, cross claims and third-party complaints,
which the main case is pending, unless the court allows an appeal
therefrom.
7. Order dismissing an action without prejudice.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

2. KINDS OF APPEAL

A. Ordinary Appeal – from RTC to CA on decision rendered in the exercise

of original jurisdiction.

1. Filing of Notice of Appeal and payment of docket (appeal) fee with the
RTC that renders the decision.

2. Period to appeal, which is mandatory and jurisdictional is within 15 days

from receipt of the decision or the resolution denying the motion for
reconsideration.

3. Late of filing of the appeal may be excused if necessary to serve the

paramount end of justice by resolution of the appeal on the merit if it
can be shown that the failure to file the appeal on time is due to accident,
mistake or excusable negligence and the substantial merit of the case is
shown in an affidavit of merit.

B. Petition For Review

Appeal from the RTC to the CA on cases decided by the RTC in the exercise of
appellate jurisdiction by filing a petition for review with the Court of Appeals and
paying the Docket Fee under Rule 42 and depositing P500.00 for costs and furnishing
the RTC and the adverse party a copy of the petition, within 15 days’ notice of the
adverse decision or the denial of the motion for new trial or reconsideration filed in
due time after judgement. Extension may be granted only for another 15 days to file
the petition.
The petition must state the jurisdictional facts indicating the specific material
dates showing that it was filled on time, a concise statement of matters involved, the
issues raised and the specification of errors of facts or law, and the reasons or grounds
and arguments relied upon for allowance of the appeal by petition for review.
The petition must be accompanied by certified true copies of the decision or
order under review and the material portions of the records in support of the petition.
The appeal transfers the jurisdiction over the appealed case to the CA from the
RTC which thereby loses jurisdiction over the case.
Ordinary appeal is perfected upon filing of the notice of appeal. There is no
Docket Fee payable in appeal from judgement of conviction in criminal cases.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

C. ORIGINAL CASES IN THE COURT OF APPEALS (RULE 46)

1. Original Special Civil Actions for certiorari, prohibition, mandamus, and Quo
Warranto

These special civil actions have been discussed above, except for
mandamus, which has the purpose to compel performance of duty
specifically enjoined by law. Discretionary duty may not be compelled by
mandamus. The same grounds of lack or excess of jurisdiction or grave
abuse of discretion and procedure under Rule 65 are required.

2. Annulment of Judgements or final orders and resolutions under Rule

47

A. In civil actions of the Regional Trial Court Annulment of final order and
resolutions of the RTC may be filed with the CA where ordinary remedies of
new trial, appeal, petition for relief or other appropriate remedies are no
longer available in the RTC through no fault of the petitioner.

B. GROUNDS FOR ANNULMENT OF JUDGEMENT:

• Extrinsic fraud – committed outside the court proceedings, which

must be failed within 4 years from the discovery. This ground is not
available if extrinsic fraud was availed of or could have been availed
in a motion to new trial or petition for relief.

• Lack of Jurisdiction – before it is barred by laches or estoppel. A

judgement without jurisdiction never attains finality for being null
and void ab initio. Procedure in ordinary appeal would be observed
but reception of evidence may be delegated to a Justice or a Judge
to resolve factual issues.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

CRIMINAL PROCEDURE

GENERAL PRINCIPLES:

1. A Private Prosecutor cannot intervene and participate in the trial where there
is no civil liability in valued. He may appear only to prosecute the civil claim of
the offended party.

In Criminal Cases involved no civil aspect or liability, such as illegal

possession of firearm and prohibited drugs, the Private Prosecutor is not
allowed to appear.

2. The Civil Action is impliedly instituted together with the criminal action, except
independent civil action wherein may be pursued independently and separately.

3. PRELIMINARY INVESTIGATION
A.) The Prosecutor shall file the Information in Court if he finds probable
cause that a crime has been committed and from the evidence presented during
the preliminary investigation, he has reasonable ground to believe that the
Accused probably committed the crime. Only Prima Facie or probable cause is
required, not proof beyond reasonable doubt to file the Information in Court.
B.) Upon receipt of the information and the records of the Preliminary
Investigation, the Judge shall determine within 10 days whether there is
probable cause to hold the accused for trial.
If he so determines, he will issue a Warrant of Arrest for the Accused. If
he finds no probable cause, he may dismiss the information and not issue a
Warrant of Arrest. If he is in doubt, he may require the Prosecutor to present
additional evidence before he finally decides whether to issue a Warrant of
Arrest or dismissal of case.
C.) Where the imposable penalty does not exceed 4 years and 2 months,
the Fiscal may file the Information without conducting a Preliminary
Investigation or the Chief of Police or the Complainant may file the complaint
directly with the Municipal Trial Court, which shall conduct a Preliminary
Examination to determine whether to hold the accused for trial.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

4. WARRANTLESS ARREST, SEARCH AND SEIZURE

A.) A Police Officer may arrest a person without a Warrant of Arrest if:
• A crime is being committed or about to be committed in his presence,
or
• A crime has been committed and he has reasonable ground to believe
based on his perception of the surrounding relevant facts that the
accused is probably the author of the crime.

5. SEARCHES AND SEIZURES MAY BE MADE WITHOUT THE BENEFIT OF

A SEARCH WARRANT UNDER THE FOLLOWING CIRCUMSTANCES:

A.) Waiver voluntarily made by the suspect as when he checks in his luggage
in the airport

B.) Search and seizure incident to a lawful arrest may be made to search the
body of the suspect or his immediate vicinity for concealed weapon or
contraband.

C.) PLAIN VIEW DOCTRINE – accidental sighting of contraband in the plain

view of the Police office while he is lawfully present in in the place for
another official purpose.

D. SEARCH OF MOVING VEHICLE

E. SEARCH AND FRISK OF SUSPICIOUS LOOKING PEDESTRIAN

F. EXIGENCY OF THE SITUATION, OR DURING STATE OF REBELLION

6. Tripped Information is not sufficient basis without casing and surveillance to

justify warrantless arrest and seizure (SAPLA vs Court of Appeals).

7. Bail for provisional liberty may be filed with the Court that issues the Warrant
of Arrest. If the RTC that issued the Warrant is not available, the another Sala
of the RTC may grant the bail, and in its absence, on then that the Municipal
or Metropolitan Trial Court may grant bail.
TRANSCRIBED BY: ROSANIE P. REMOTIN, JD
WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

If the accused is in another jurisdiction, he may post bail in the Regional Trial Court
there after presenting Certificate of Custody of Chief of Police in the place. An accused
who is at large is not entitled to post bail. If there is no RTC Judge available in the
area, the Municipal or Metropolitan Trial Court may grant bail.

Bail is a matter of right in non-capital offenses. In capital cases punishable by life

or reclusion Perpetua. Bail may be granted if the evidence of guilt of the accused is
not strong.

In a petition for bail, when the accused is still in detention without Information
having been filed, he may file a petition for Bail in the RTC that has jurisdiction over
the offense and in the bail hearing, he is allowed to present evidence to prove that
the evidence of guilt is not strong ahead of the prosecution.

SPECIAL PROCEEDINGS

1. HABEAS CORPUS

- Is the remedy against deprivation of liberty or illegal detention or illegal

deprivation of rightful custody of the person entitled thereto. The Court shall
inquire into the cause of detention and if found illegal, the court orders the
release of the detainee. If the detention is proven lawful or the person is in
the custody of the respondent public officer, the case shall be dismissed.

2. WRIT OF AMPARO

-Is a larger constitutional right than the Writ of Habeas Corpus. It applies to
enforced disappearances, such as extra-judicial killing. When the Writ of
Amparo Court may issue Inspection Order to locate missing victim. It is
available as a remedy even against private individuals guilty of unlawful
detention or extra- judicial killing.

A case in point is the case of 5 handlers in online Sabong reportedly

nabbed inside Manila Arena during a derby and brought to Tanay, Rizal where
they disappeared after abandoning the vehicle used in kidnapping them.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

3. HABEAS DATA
- Remedy to gain access to Police records.

4. RULES OF PROCEDURE ON ENVIRONMENTAL CASES

1. For enforcement of environmental and other related laws and rules.

A.) To protect and advance the constitutional right of the people to balanced and
healthful ecology.
B.) To provide simplified, speedy and inexpensive procedure for the enforcement
of environmental duties under the Constitution and existing laws, rule and
regulations and International Agreement.
C.) To introduce and adopt best practise and innovation to insure the effective
enforcement of redress for violation of environmental law, and
D.) To enable the court to monitor and exact compliance with Order and
judgement in environmental cases.

2. Continuing Mandamus – A writ issued by a court in an environmental case

directing any instrumentality mentality of Government or officer thereof to
perform an act or series of acts decreed by final judgement which shall remain
effective until judgement is fully satisfied.

3. Environmental Protection Order – enjoins the Government or Government

agency to perform or desist from performing an act or order to protect, preserve
or rehabilitate the environment.

4. Writ of Kalikasan – Writ available to enforce the constitutional rights to a

balance and healthful ecology against threats of unlawful act or omissions of a
Public Official or employee or private individual involving environmental damage
of such magnitude as to prejudice the life, health, or property of inhabitants.

In the Oposa case, Atty. Oposa was considered a real party in interest
to sue for a Writ of Kalikasan to clean up Manila Bay on behalf of future generation
and obtained a Writ of Kalikasan and continuing Mandamus against government
agencies.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

5. SMALL CLAIMS (RULE 46)

5. Rules applicable in cases for payment of money in the First Level Court,
Municipal or Metropolitan Trial Court where the value of the claim does not
exceed P200,000.00, exclusive or interest and costs. The action must be
purely civil in nature where the claim or relief prayed for by the plaintiff is
solely for payment or reimbursement of a sum of money.

6. The claim or demand may be for money arising from loan, services, contract
of sale or contract of mortgage. There is no need to foreclose the mortgage
if the demand for payment does not exceed P200,000.00, exclusive of
interest.

7. The demand may be for liquidated damages arising from contracts or

enforcement of barangay amicable settlement under Sec. 417 of RA 7160
(Local Gov’t Code)
NOTE: Under the new law increasing the jurisdiction of the MTC up to when the claim
for money does not exceed P2,000,000.00, the enforcement of Barangay Compromise
Agreement may be done by motion for execution before the MTC if the demand does
not exceed P2 million, otherwise the execution must be made before the RTC if the
demand is for more than P2,000,000.00.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

R.A. NO. 10173 (DATA PRIVACY ACT OF 2021)

PURPOSE:
- To protect the fundamental human right to privacy or privacy of communication
while ensuring free flow of information to promote innovation and growth.

- To ensure that personal information in information and communications system

in the government and in the private sector are secure and protected.

DATA SUBJECT
- An individual whose information is processed.

PERSONAL INFORMATION
-Any information, whether recorded in a natural form or not, from which the
identity ascertained by the entity holding the information or when put together with
other information would directly and certainly identify the individual.

SENSITIVE PERSONAL INFORMATION

1. Individual’s race, ethnic origin, mental status, age, color religion, philosophical
or political affiliation.

2. Health, education, genetics or sexual life of a person, any proceeding for any
offense and the disposal thereof, or sentence therein

3. Personal information issued by the Government such as Social Security

Number, Health records, licenses or their denial suspension or revocation, tax
returns

4. Classified by order of an act of Congress or Executive Order

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

PROCESSING
- Any use of personal information such as collection, recording, organization,
storage, updating or modification, retrieval, consultation, use, consolidation,
blocking, erasure, or destruction of data.

EXEMPTION FROM DATA PRIVACY LAW

1. Personal information of Government Officers and employees connected with

the performance of public functions, including their title, business address,
office telephone number, functions and responsibilities, salary range, including
contractual employees performing government services, the terms of their
contract and the name of the individual given in the course of the performance
of official services, including the discretionary benefit of a financial value.

2. Personal Information process for journalistic, artistic, literary or research

purposes.

3. Information in order to carry out the functions of public authority, without

amending the Secrecy of Bank Deposit Act (RA 1405) and the Foreign
Currency Deposit Act (RA 6426) and the Credit Information System
(RA 9510).

4. Information for banks and other financial institutions to comply with the Anti-
Money Laundering Act (RA 9160) and

5. Personal Information collected from residents of foreign country under the law
of the forum.

Protection to Journalist and their sources – they cannot be compelled to reveal

the source of any news report or information related in confidence.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

FAIR USE DOCTRINE

A. Processing of personal information may be allowed by the National Privacy

Commission, if not otherwise prohibited by law if:

1. The data subject has given his or her consent or it is necessary for the
fulfilment of contract with the data subject or to take preparatory steps
thereto or
2. For compliance with legal obligation
3. To protect vitally important interest of the data including life and health
4. To respond to the national emergency to comply with the requirements of
public order or safety or fulfil the functions of public authority.

PROCESSING OF SENSITIVE PERSONAL INFORMATION

- Is prohibited, except with the consent of the data subject, specific to the
purpose prior to the processing, and with the prior consent of all the parties in
case of privileged information consistent with any of the following fair use :

1. To protect the life and health of the data subject or another person, or

2. To achieve the lawful and non-commercial objectives of public organization and

their associations, related and confined only to the bona fide members of the
organization or their associations, and the sensitive personal information are
not transferred to third parties and finally that the consent of the data subject
was obtained prior to processing.

3. For purposes of medical treatment carried out by medical practitioner or

medical treatment institution, or

4. For the protection of lawful rights and interests of natural or legal person in
court to establish, exercise or defence legal claims.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

RIGHTS OF DATA SUBJECT

1. To be informed of all the material details of the use of his personal information
and be furnished all the information before use of his personal information such
as description of the personal information, purpose, means and method of
processing, recipients to whom they may be disclosed. Methods utilized for
automated access, the identity of contact details, period of storage and the
rights to access, correct and lodge complaints before the Commission.

2. Access upon demand to the material details of the use of personal information.

3. To suspend, withdraw, order the blocking, removal, or destruction of these

personal information from the controller’s filing system, and

4. To the indemnified for damages due to inaccurate, incomplete, outdated, false,

unlawfully obtained, or unauthorized use of personal information.

NOTES AND COMMENTS

1. The penalty for illegal use of sensitive personal information is higher that the
penalty for simple personal information.

2. President GMA issued a National ID system including personal information of

private individuals involving private transactions, which was declared
unconstitutional by the Supreme Court, while declaring as valid the National ID
established by President Fidel Ramos limited only to private individuals with
transactions with the Government.

The Data Privacy Act of 2021 is a codification of the decision of the

Supreme Court in Kilusan Mayo Uno vs Neda G.R No. 167798, April 19, 2006,
summarized in De Castro, Read Study Guide for the Bar, 2007 ed., Rex Publication pp
15 to 22.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

LEGAL ETHICS (4 QUESTIONS)

A. QUALIFICATIONS FOR NEW LAWYERS

1. Must be Filipino Citizen

2. At least 21 years old
3. Resident of the Philippines
4. Must have obtained law degree in a local school
5. With good moral character
6. Must have taken his oath and signed the Roll of Attorney (In Re Petition of Atty.
Medado to sign Roll of Attorney, B.M. No. 2540, Sept. 24, 2013)
Filipino citizen borne of Filipino Mother under the 1935 Constitution
(before the enactment of the 1971 Constitution on February 17, 1971) must take his
oath of allegiance “upon reaching the age of majority”, which must be within a
reasonable time. Taking the oath for over 14 years upon reaching the age of majority
is beyond allowable period within which to exercise the privilege (In Re: Vicente Ching,
Bar Matter No. 914, October 1, 1999).

B. CODE OF PROFESSIONAL RESPONSIBILITY

1. State the Lawyers Oath

I ____________ do solemnly swear that I will maintain allegiance to the Republic of

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

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

2. Lawyer’s Four-Fold Duties under the Lawyers Oath

A. To Society:

1. To Uphold the Constitution and Obey the laws

b. Discourage Lawsuits
c. Encourage Settlement
d. Make available efficient service
e. Accept care for the defenceless
f. Refrain from advertising and solicitation of legal business

B. To the Profession:

1. Uphold the integrity of the Profession

2. Observe courtesy, fairness, and candour to words fellow lawyer. It is grossly
unethical to encroach on the professional employment of another lawyer to
collaborate in a case without the knowledge and consent of the counsel of
record (Rule 8.02, Canon 8).

C. To the Court:

1. Candor and truthfulness, do no falsehood

2. Respect:
a. Punctuality and proper attire
b. Proper language and behaviour
c. Uphold court’s authority and dignity
d. Obey court order.

3. Assist in speedy and efficient administration of Justice

a. Come to court adequately prepared
b. Should not delay the case
c. Avoid forum shopping

4. Avoid impropriety to influence the Court

a. Avoid hospitality and familiarity with the Judges
b. Avoid public discussion of pending cases

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
 #BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

D. To the Clients

a. Observe fiduciary and confidential relationship

b. Disclose material matters
c. Observe entire devotions within the law
d. Comply with client’s lawful request
e. Restrain from impropriety
f. Employ honourable means
g. Protect client’s interest
h. Exercise diligence of a good father of the family
i. Keep the client full informed of development in the case
j. To strict account for client’s feuds under litigation
k. Preserve confidentiality and nondisclosure of privileged communication
l. Not to purchase client’s property under litigation.

C. DISQUALIFICATION/INHIBITIONS FOR JUDGES

MANDATORY GROUNDS:
1. Where the Judge or his wife or child, is pecuniarily interested as heir, legatee,
creditor or otherwise
2. The judge is related to either party within the sixth degree of consanguinity or
affinity
3. The judge has been executor, administrator, guardian, trustee, or counsel
4. The Judge has presided in any inferior court when his ruling or decision is the
subject of review without the written consent of all the parties in interest signed
by them and entered on record.

DISCRETIONARY GROUND:
The Judge, in the exercise of sound discretion, may voluntarily inhibit from the
further acting on the case, when it is suggested on record that the litigant has lost
trust and confidence in his fairness and ability to decide the case impartially due to
bias and prejudice in favor of the other party. Due procees requires an impartial and
neutral judge. The judge may opt to continue with the case, but he is vulnerable to
administrative charge if it is proven that he is biased by maliciously disregarding a
basic provision of law to favor one party to the case.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

D. DIRECT AND INDIRECT CONTEMPT

1. Grounds for Direct Contempt. Misbehavior in the presence of or so

near a court:

A. Obstruction or interruption of the proceedings

B. Disrespect towards the Court
C. Offensive personalities towards others
D. Refusal to be sworn or to answer as a witness or to subscribe to an affidavit or
deportation when lawfully required to do so.

2. Direct contempt may be adjudged out the same court summarily.

3. Direct contempt is not appealable by subject to certiorari or

prohibition under Rule 65 on grave abuse of discretion.

GROUNDS FOR INDIRECT CONTEMPT PUNISHABLE AFTER CHARGE AND

HEARING
1. Misbehavior of an officer of a court in the performance of his official duties or
in his official transactions
2. Disobedience or a resistance to a lawful, writ, process order or judgement of a
court, including a defendant in unlawful detainer who after being ejected by
the sheriff, returns to the property to exercise ownership and possession or in
any manner disturbs the possession of the person adjudge to be entitled
thereto.
3. Any abuse of or any unlawful interfere, with the process or proceeding not
constituting direct contempt interference
4. Assuming to be an attorney or an officer of a court and acting as such without
authority.
5. Failure to obey a subpoena duly served.
6. The rescue or attempt to rescue of a property, person in the custody of an
officer by virtue of an order or process. The respondent may be imprisoned
until he obeys the order.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

PRACTICAL EXERCISES
1. PARTS OF CONVEYANCING

A. Prepare a Notarial Acknowledgement

B. Make sure you indicate Gov. ID with picture and signature as competent
identification for notarization purposes.

2. PARTS OF PLEADINGS

A. Prepare Verification and Non-Forum Certification

B. Prepare Affidavit of Desistance and the corresponding Motion to Dismiss
based on the Affidavit of Desistance
THE AFFIDAVIT OF DESISTANCE
1. Can’t be based on mere statement that the filing of the criminal case is an off
short of a misunderstanding but must be based on plausible reason that
prevents the futher prosecution

2. To illustrate, in an Affidavit of Desistance in the criminal case for falsification of

public, the Complainant states that she realizes upon investigation that the
accused was a buyer in good faith and was not aware of the commission of
falsification done by the broker.

3. That the Affiant/ Complainant is not willing to testify except to affirm her
affidavit of desistance, and that she was not paid, or coerced to execute the
Affidavit of Desistance, and that the civil aspect of the case has been fully
settled amicably.

PURPOSE OF COMPLAINT IN A CIVIL CASE UNDER THE FACTS GIVEN IN

THE PROBLEM
1. Determine jurisdiction and venue
2. Names and Addresses of parties
3. Statement of ultimate facts
4. Summary of testimonies of witnesses
5. Attach Judicial Affidavits of Witnesses. Make sure there is an attestation clause
by the lawyer who made the interview in place to be specified and Certification
that he faithfully recorded the answers to his questions, and in the affidavit to
be subscribed under oath, there is a statement of the witness that he is aware

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
#BESTBAREVER 2020_21_22 REMEDIAL LAW & LEGAL ETHICS

that he may be liable for perjury or false testimony for any false or misleading
statement in the Judicial Affidavit.

TRANSCRIBED BY: ROSANIE P. REMOTIN, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY