LAW & VALUES

Submitted by: Cabral, Jan Louie Antonni S. Castro, Maryland D.H. Furigay, Ralph Gino P. Salamat, Jose Miguel R. Santiago, Felanie April S. Zoleta, Camille R. 1D

Submitted to: Atty. Marquez October 19, 2012

I. NOTARY PUBLIC

Our observations are as follows: ILDEBRANDO D. VIERNESTO 1. credit card 50php- if you have already a computerized document from the computer shop they are referring and it is only subject to seal and signature of the lawyer. 100php- if the computerized document will be made, sealed and signed by the lawyer. NOT PRESENT NOT REQUIRED NO NAME 2. credit card and company id 100php- if you lost your credit card only. 150php- if another id were lost (company id). TWO LAWYERS 3. credit card 100php- if it will be prepared, signed, and sealed by the lawyer

Affidavit of loss Price

Presence of the lawyer Requiring cedula

NOT PRESENT NOT REQUIRED

PRESENT NOT REQUIRED (according to them, it only depends upon the employer) REQUIRED Looks like a carinderia laptop Notario Publico with name of the lawyers 3 with 2 lawyers

Requiring valid id Office Equipment Signboard

NOT REQUIRED Looks like a store

Manpower

NOT REQUIRED Just like a yosi stand Dry seal Typewriter Notary public, Name of Notary public the lawyer and the Roll prepare or accept rush number is displayed services 2 only and no lawyer 1 only and no lawyer

No cedula - CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. (Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.) Prices -Some notary public collects excessive fines on the said affidavit of loss. CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE PROFESSION. (Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.)

II. PROSECUTORS OFFICE

We observed in the prosecutors office in manila (Eduardo R. Meneses, jr.). We saw that the fiscal is trying to at least reconcile the two parties who have been friends to resolve the petty crime while still explaining that the complainant had her own discretion whether to proceed or not consider his advice to meet halfway. Upon hearing both sides and demands, the lawyer asks the parties to reconcile and meet half way and explain the pros and cons of proceeding with a suit or proceeding. The clients were given the discretion to choose on their actions. This is in connection with CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. (Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement.) He is also asking the background of the case and clearly stating that it is off-paper or it will not be the basis of the resolution of the case. The facts are as follows: The complainant, 29 y/o, and the accused, senior citizen, were friends. In the bar, accused had a quarrel with another friend causing an injury to one another with the use of chair to smash; but, as the complainant tried to stop the fight, she was hit in her nose causing a wound in it. Complainant filed serious physical injury against the accused for the wound and asked for damages amounting to 20,000 including the supposed salaries which she would have earned as a floor manager and her dismissal in the said work having been absent for 2 weeks because of preparing her documents. The accused is ready to compensate the complainant for having paid the medical expenses before and an additional amount of

3,000php from his pension of 4,000php/month which according to the accused is his only means of income. As the prosecutor emphasized the friendship of the two parties and his opinion that the amount demanded by the complainant is excessive and suggested that they agree halfway, the complainant told the prosecutor that she will first consult her family with regards to the compensation bargained. CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS. (Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action.) The prosecutor ended up scheduling another meeting for them to think and decide, and also mentioned that as soon as they have decided to still pursue, the papers will be automatically submitted to their chief or person in the hierarchy position for resolution.CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. (Rule 15.05 - A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the clients case, neither overstating nor understating the prospects of the case.)

Recommendation: Lawyers whenever confronted with different cases should ensure their speedy disposition so as not to delay any mans cause and to ensure that decrease of court dockets. The fiscal lawyer should keep doing his acts of amicably settling the parties. It is their duty to ensure that justice is not denied and the rights of the parties are protected

III. PUBLIC ATTORNEYS OFFICE

We went to PAO in manila (Atty. Agna). We have observed that PAO is really strict as to dealing with the people because we cannot simply enter and observe in their office without permission to the staff outside. So as we have been permitted to enter, a lawyer voluntarily entertained our concern. It was not easy to get inside the Public Attorneys Office if you are not a client or without prior notice. However, when informed about our objective, the staff allowed us to get inside the office. One of the lawyers was accommodating to us which is in accordance to - CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN 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. We have observed in their office that each pao lawyer has his own slot with table and chair where he talks to the client but it has no divider making it, which for me, less private. However, disregarding the situations or surrounding which in reality most government office have, the pao lawyer emphasized that they exercise confidentiality and privileged communication by letting the indigent client speak of whatever matters or information to

them with the guarantee that they will not divulge or disclose or use it against them even if there will be no lawyer-client relationship. - CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. (Rule 15.02 - A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client.) While inside the office, it can be observed that the lawyers are all entertaining every client who comes into their office. Their primary clients are those indigent people who cannot afford of having legal services which is in line with CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. The lawyers does not refuse to entertain or accept representation of an indigent client provided that the their case has merit. However, there was less privacy between the lawyer and his client/s because there were no dividers in between the tables. In an interview with one of the PAO lawyers, he emphasize that whatever information that was given to them by the client remains exclusive and confidential between them which is in line with CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEYCLIENT RELATION IS TERMINATED According to him, indigence and merit qualifications must be met by the client in order to avail the assistance of Pao lawyers. He also added that MTC mostly hear 41 cases/ day.CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE PROFESSION. (Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.) He also told us that the typical misconduct that some of the pao lawyers do based on the cases encountered as posted in their website are receiving consideration from the client, moonlighting or practicing their duty outside their jurisdiction as well as excessive travel expenses. CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS. (Rule 6.02 - A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties.) Recommendation: The lawyers shall keep up with their duty of serving the indigent people. It should be their duty to ensure that justice is delivered to these people. They shall continue rendering services with confidence and competence equivalent to those well-paid lawyers.

IV. REGIONAL TRIAL COURT

We visited RTC manila hearing civil and criminal cases. We have observed that the judge is moody because many of the counsel did not appear. CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. (Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any mans cause.); CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. (Rule 10.03 A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.) The judge even said that, (pao lawyer) abogado naman niyo nagpapatalo sa inyo. delay nanaman to and nasa bicol daw si atty. Busmento. The lawyer was absent of the said litigation despite stern warning from the judge.- CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. (Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.); CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. (Rule 14.04 - A lawyer who accepts the cause of a

person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.) I can see that the judge is quite strict and organized that she wanted that everything will run smoothly. The crowd were instructed to sit whenever a vacant chair is left. One fiscal also moved to correct what was written in the stenographic notes and fulfil the missing conversations made by the stenographer using the recorded conversation, as well as correct the annexes. CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE. (Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.) Likewise, another fiscal was assigned by the judge to substitute to the absent lawyer.

1st Case: Criminal and Civil Case Defendant was accused of violating Presidential Decree No. 115 or Trust Receipts Act; the accused failed to remit to the bank the proceeds of export of three shipments. Defendants lawyer presents evidence and verifies it thru the witness who works in the garment company that is responsible for the shipments. While the evidence is presented, the Judge asks the PAO lawyer whether he has verified the existence of the evidence, the PAO lawyer answers in negative though no objection was made. Such action is against Rule 10.01 of Canon 10 of the Code of Professional Responsibility which states that: CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. Rule 10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead, or allow the Court to be misled by any artifice. In a case, whether it be civil or criminal, evidence is essential in order to serve justice. Lawyers presenting fraudulent evidences are punishable under the Code of Professional Responsibility. 2nd Case: Criminal Case Arraignment Accused pleaded not guilty on the crime of robbery. Pre-trial was therefore set on another date. PAO lawyer helps the defendant on making his decisions by giving the accused the consequences of his actions. 3rd Case: Criminal Case Arraignment Defendant pleaded guilty on his crime of simple robbery and the stolen items was recovered. He was sentenced for a straight penalty of prision mayor but it was lowered to prision correcional.

4th Case: Criminal Case Arraignment Accused pleaded not guilty for the crime of Robbery with Conspiracy.

5th Case: Civil Case Petitioners have not attended the hearing and only one of the many defendants is present. Atty. Pangalang also failed to pass his conformity as the legal counsel of the defendants. After years of searching, Mr. Vincent, one of the defendants, finally found new documentary evidence that can possibly prove his innocence. But such relinquishment from his civil liability was delayed by the absence of his counsel, Atty. Pangalang. If Atty. Pangalang would be absent on the next hearing, the defendants right for the presentation of evidence would be deemed waived. The subpoena is also inconsistent that is why the defendants were not notified about the hearing, if they fail to appear for the next hearing, the defendants right for the presentation of evidence would be waived. Atty. Pangalang, the counsel of the defendant is late after the fourth call of the Court. However, the latter presented a medical certificate proving that he is confined due to his high-blood pressure but his medical certificate has no signature and date that proves the validity of such certificate. From this course of action, Atty. Pangalang has already violated a number of canons in the Code of Professional Responsibility, to wit: CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT xxx Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS. xxx Rule 11.02 - A lawyer shall punctually appear at court hearings. xxx CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.

xxx Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so. Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. Based on our observation, Atty. Pangalang is not an effective legal counsel for he is not helping his clients with regard to their long running case. It was thru Atty. Villanueva, the opposing counsel and Judge Cacanindin that they were given another chance to present their evidence and re-set the hearing. 6th Case: Criminal Case Arraignment Accused pleaded guilty for the crime of robbery and was sentenced for four years. The accused can apply for probation even though he was given final judgment before because he was dismissed. 7th Case: Civil Case Petitioner asks respondent to pay for his debt amounting to P500,000.00. The defendants counsel is absent even though he is already notified of the hearing. The counsel violates Rule 11.02 of Canon 11: CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS. xxx Rule 11.02 - A lawyer shall punctually appear at court hearings. xxx CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE. xxx

Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. The case was therefore reset.

Some quotes to ponder:

For those who are aggrieved by the injustices and lose hope: Brothers and sisters, God is the best listener. You dont need to shout Nor cry out loud Because He hears Even the very silent prayer of a sincere heart. For those entertaining to become lawyers only to become boastful and arrogant in the end: Words like these are good things to ponder upon, Watch your thoughts, they become words; Watch your words, they become actions; Watch your actions, they become habits; Watch tour habits, they become character; Watch your character, for it becomes your destiny. And, for our classmates; A lesson from the avatar, No matter how beautiful your dreams and fantasies are, You will always have to wake up in order to fulfill them Note brothers that Every sacrifice has a fruitful reward. Every failure has a second chance. We only have to be strong by Gods grace to make it through the test of life. Just believe and have faith. Let God be your greatest Goal. Life isnt perfect but wherever life leads you, its because of a purpose.